Satellite Beach (Current through Ordinance 1093, Adopted 7-16-2014)
 Code of Ordinances
 Chapter 26. Environment   
 Article VII. Illicit Discharges
  

  Article VII. Illicit Discharges

§ 26-131. Purpose and Intent
Effective on Wednesday, October 16, 2013

    The purpose of this ordinance is to provide for the health, safety, and general welfare of the citizens of the City of Satellite Beach through the regulation of non-stormwater discharges to the City's municipal separate storm sewer system (MS4) to the maximum extent practicable as required by federal and state law. This ordinance establishes methods for controlling the introduction of pollutants into the City's MS4 in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this Article are:

(a)    To regulate the contribution of pollutants to the City's MS4 by stormwater discharges by any user;

(b)    To prohibit illicit connections and discharges to the City's MS4; and

(c)     To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this Article.

(Ord. No. 1075, § 1, 10-16-13)
§ 26-132. Definitions
Effective on Wednesday, October 16, 2013

For the purposes of this ordinance, the following terms shall have the following meanings:

Best Management Practices or BMPs means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

Clean Water Act or CWA means the federal Water Pollution Control Act (33 U.S.C.§1251 et seq.), and any subsequent amendments thereto.

Construction activity means any on-site activity which will result in the creation of a new stormwater discharge, including the building, assembling, expansion, modification or alteration of the existing contours of the site, the erection of buildings or other structures, or any part thereof, or land clearing. 

Hazardous materials means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

Illicit discharge or illegal discharge or illegal dumping means any discharge to the City's MS4 which is not entirely of stormwater, unless exempted pursuant to this ordinance, or the discharge to the City's MS4 which is not in compliance with federal, state or local permits. 

Illicit connection means either of the following: 1) any drain or conveyance, whether on the surface or subsurface, which allows an illegal or illicit discharge to enter the MS4 including but not limited to any conveyances that allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the MS4 from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by the City Public Works department; or 2) any drain or conveyance connected from a commercial or industrial land use to the MS4 which has not been documented in plans, maps, or equivalent records and approved by the City Public Works department.

Industrial activities means activities at facilities identified by the United States Environmental  Protection Agency as requiring an NPDES stormwater permit in accordance with 40 CFR§122.26(b)(14) or amendments thereto, or any unit operation, complex, area or multiple of unit operations that produce, generate, handle, process or cause to be processed, any materials which may cause water pollution.

Municipal separate storm sewer system or MS4 means a conveyance, storage area or system of conveyances and storage areas (including, but not limited to, roads with drainage systems, streets, catch basins, curbs, gutters, ditches, manmade channels, storm drains, treatment ponds and other structural BMPs) owned and operated by a local government that discharge to waters of the United States or to other MS4s, that are designed solely for collecting, treating or conveying stormwater and  that are not part of publicly owned treatment works (POTW) as defined by 40 CFR §122.2 or any amendments thereto.

National Pollutant Discharge Elimination System (NPDES) stormwater discharge permit means a permit issued by the Florida Department of Environmental Protection (FDEP) that authorizes the discharges of pollutants to waters of the United States. 

Non-stormwater discharge means any discharge to the storm drain system that is not composed entirely of stormwater.

Person means an individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two (2) or more persons having a joint or common interest, or any other legal entity.

Pollutant means anything that causes or contributes to pollution. Pollutants may include, but are not limited to paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides; herbicides; fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from  constructing a building or structure; and noxious or offensive matter of any kind. 

Receiving bodies of water means any water bodies, watercourses and wetlands into which surface waters flow.

Stormwater management system means the designed features of the property that collect, convey, channel, hold, inhibit or divert the movement of stormwater.

Stormwater means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

Watercourse means any natural or artificial stream, creek, channel, ditch, canal, waterway, gully, ravine or wash in which water flows in a definite direction, either continuously or intermittently, and which has a definite channel, bed or banks.

Water body means any natural or artificial pond, lake, reservoir, or other area which ordinarily or intermittently contains water and which has a discernible shoreline. 

(Ord. No. 1075, § 1, 10-16-13)
§ 26-133. Applicability
Effective on Wednesday, October 16, 2013

        This ordinance shall apply to the entire City’s MS4 unless explicitly exempted by the City in writing. 

(Ord. No. 1075, § 1, 10-16-13)
§ 26-134. Ultimate responsibility
Effective on Wednesday, October 16, 2013

         The standards set forth herein, and promulgated pursuant to this ordinance, are minimum standards. This ordinance does not intend or imply that compliance by any person will ensure there will be no contamination, pollution, nor unauthorized discharge of pollutants. 

(Ord. No. 1075, § 1, 10-16-13)
§ 26-135. Control of pollutant contributions from interconnected MS4s
Effective on Wednesday, October 16, 2013

         Interconnected MS4s, including MS4s not owned by the City, shall be controlled so that they do not impair the operation of the receiving MS4 or contribute to the failure of the receiving MS4 to meet any applicable local, state, or federal law or regulation. Owners of sections of an interconnected MS4 shall be responsible for the quality of stormwater within their portion of the system and shall coordinate with the owners of the downstream segments. 

(Ord. No. 1075, § 1, 10-16-13)
§ 26-136. Prohibitions
Effective on Wednesday, October 16, 2013

(a)  Illicit/illegal discharges and illegal dumping. No person shall throw, drain, or otherwise discharge, cause, or allow others under such person’s control to throw, drain, or otherwise discharge into the City's MS4 any pollutants or waters containing any pollutants, other than stormwater, whether such discharges occur through piping connections, runoff, exfiltration, infiltration, seepage or leaks. Polluting matter includes, but is not limited to, the following:

(1)    Petroleum products, including, but not limited to oil, gasoline, grease;

(2)    Solid waste;

(3)    Paints:

(4)    Steam cleaning waste;

(5)    Pesticides, herbicides or fertilizers;

(6)    Degreasers, solvents;

(7)    Sanitary sewage;

(8)    Chemically treated cooling water;

(9)    Antifreeze and other automotive products;

(10)    Lawn clippings, leaves, branches, etc.;

(11)    Animal carcasses;

(12)    Recreational vehicle waters;

(13)    Dyes;

(14)    Construction materials and waste;

(15)    Any liquids in quantity or quality that are capable of causing a violation of  the City's NPDES stormwater permit; and

(16)    Solids in such quantities or of such size capable of causing interference or obstruction to the flow of the City's MS4. 

(b)  Illicit connections. 

(1)    No person may maintain, use or establish any direct or indirect connection to the City's MS4 that results in any discharge in violation of any provision of federal, state, county, city or other governmental law, rule, regulation.

(2)    This subsection is retroactive, and applies to illicit connections made prior to the effective date of the ordinance from which this subsection is derived, regardless of whether made under a permit or other authorization, or whether permissible under laws or practices applicable or prevailing at the time the connection was made.

(3)    A person is considered to be in violation of this ordinance if the person connects a line conveying sewage to the City's MS4, or allows such a connection to continue.

(c)  Violation of permits. Any discharge into the City's MS4 in violation of any federal, state, county, city or other governmental law, rule, regulation or permit is prohibited, except those discharges set forth in this section or as in accordance with a valid NPDES permit.

(Ord. No. 1075, § 1, 10-16-13)
§ 26-137. Stormwater discharges from commercial, industrial or construction activities to the MS4 or regulated waters
Effective on Wednesday, October 16, 2013

(a)    Stormwater from areas of any commercial activity, industrial activity or construction activities shall be controlled, treated and managed on-site using best management practices so as not to cause an illicit or illegal discharge to the City's MS4 or regulated waters.

(b)    All erosion, pollutant, and sediment controls required by City Code or by any applicable local, state, or federal permit, including elements of a stormwater pollution prevention plan required under an NPDES permit, shall be properly implemented, installed, operated, and maintained. 

(c)    Authorized discharges to the City's MS4 shall be controlled so that they do not impair the operation of Brevard County or the City of Indian Harbour Beach MS4 or contribute to the failure of those MS4s to meet any applicable local, state, or federal law or regulation.

(d)    Authorized discharges to regulated waters shall be controlled so that they do not adversely impact the quality or beneficial uses of those waters or result in violation of any applicable local, state, or federal law or regulation. 

(e)    Any person who has been issued an NPDES permit authorizing discharges to the City's MS4 shall submit a complete copy of the permit to City of Satellite Beach Public Works Department within thirty (30) days after the effective date of this ordinance, or within thirty (30) days after the issuance of a permit. 

(Ord. No. 1075, § 1, 10-16-13)
§ 26-138. Authorized exemptions
Effective on Wednesday, October 16, 2013

The commencement, conduct or continuance of any illicit or illegal discharge to the City's MS4 is prohibited, except as described as follows:

(a)    Water line flushing; 

(b)    Flushing of reclaimed water lines; 

(c)    Street cleaning; 

(d)    Diverted stream flows; 

(e)    Rising ground waters; 

(f)     Foundation and footing drains; 

(g)    Dechlorinated swimming pool discharges; 

(h)    Uncontaminated ground water infiltration (as defined at 40 C.F.R.§35.205(20)); 

(i)     Uncontaminated pumped ground water; 

(j)     Discharges from potable water sources; 

(k)     Air conditioning condensate; 

(l)      Irrigation water, including landscaping and lawn water; 

(m)    Springs; 

(n)     Individual residential car washing; 

(o)     Flows from riparian habitat and wetlands; and 

(p)     Discharges or flows from emergency firefighting activities and emergency response activities done in accordance with an adopted spill response/action plan. 

The prohibitions provided in this Article shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the  Florida Department of Environmental Protection, provided that the discharger is in full compliance  with all requirements of the permit, waiver, or order and other applicable laws and regulations, and  provided that written approval has been granted for any discharge to the MS4.

(Ord. No. 1075, § 1, 10-16-13)
§ 26-139. Emergency conditions
Effective on Wednesday, October 16, 2013

    Notwithstanding any other provisions of this ordinance, whenever the City determines that conditions or activities require immediate action to protect public  health, safety or welfare, or to provide for compliance with these regulations, rules promulgated hereunder, or City approved construction plans, City inspectors and employees are authorized to enter at a reasonable time in or upon any property for the purpose of testing, inspecting, investigating, measuring, sampling and correcting such emergency conditions. Failure to admit personnel responding to emergency conditions, as determined and authorized by the City, shall constitute a separate violation of this ordinance.

(a)    Suspension due to illicit discharges in emergency situations. The City may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4. If the violator fails to comply with a suspension order issued in an emergency, the City may take such steps as deemed necessary to prevent or minimize damage to the MS4 or to minimize danger to persons.

(b)    Suspension due to the detection of illicit discharge. Any person discharging to the MS4 in violation of this ordinance may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. It is considered an offense of this ordinance if the person reinstates MS4 access to premises terminated pursuant to this section without the prior approval of the City. 

(Ord. No. 1075, § 1, 10-16-13)
§ 26-140. Inspection and monitoring for compliance
Effective on Wednesday, October 16, 2013

         City code inspectors shall be granted access for inspection of facilities discharging or suspected of discharging to the City's MS4 in order to effectuate the provisions of this ordinance and to investigate violations or potential violations of any of the terms herein. All structures and processes which allow discharges to the City's MS4, as well as records connecting them, shall be made accessible to City code inspectors for this purpose. 

(Ord. No. 1075, § 1, 10-16-13)
§ 26-141. Reporting requirements
Effective on Wednesday, October 16, 2013

         Illicit discharges to the City's MS4 are prohibited. Any person owning or occupying a premise or facility who has knowledge of a discharge of pollutants from those premises or facilities or other type of evidence which might result in a violation of the prohibitions found in this ordinance shall immediately take action to abate the discharge of pollutants, and shall notify the City Public Works and City Code Enforcement division within twenty-four (24) hours of the discharge of pollutants. The initial notification may be by telephone, but the person responsible shall submit a written report within seventy-two (72) hours of discovery. The written report shall  include a description of the discharge volume, content, frequency, discharge point location to the  MS4, measures taken or to be taken to terminate the discharge, and the name, address and telephone  number of the person who may be contacted for additional information. Hazardous materials discharges shall be reported to the City, the Brevard County Public Safety Office, the Brevard County Health Department, and the Florida Department of Environmental Protection.

(Ord. No. 1075, § 1, 10-16-13)
§ 26-142. Penalty; additional remedies
Effective on Wednesday, October 16, 2013

         Penalties for violations of this Article shall be as specified in Section 125.69, F.S., Chapter 162, F.S., Article VIII, Ch. 2, Satellite Beach City Code, Section 1-13, Satellite Beach City Code or any other appropriate remedy provided by law. The City may seek enforcement action against the owner of record, any person in actual or constructive possession and any person or entity responsible for carrying out any prohibited action. The provisions of this section are an additional and supplemental means of enforcing City codes and ordinances. Nothing in this section shall prohibit the City from enforcing this Code by injunctive relief, or by any other means provided by law.

(Ord. No. 1075, § 1, 10-16-13)
§ 26-143. Appeals
Effective: Sunday, October 6, 2013

       Appeals relating to any administrative decision or determination concerning implementation or application of the provisions of this Article shall be filed in writing within 30 calendar days after the decision is rendered by the Public Works Director and/or Building Official. Requests for appeals will be considered by the City Manager. 

(Ord. No. 1075, § 1, 10-16-13)