AMENDED 3x & Enacted 9/25/07
1
Introduced by the Council President at the request of the Mayor and
2
amended on the floor of the Council:
3
4
5
ORDINANCE 2007-836-E
6
AN ORDINANCE RELATING TO STORMWATER MANAGEMENT
7
AND
8
CODE),
9
CHAPTER
FEES;
REPEALING
ORDINANCE
754
CHAPTER
CODE;
754
(STORMWATER
RE-CREATING
(STORMWATER
MANAGEMENT
A
NEW
UTILITY
10
CODE) AS A NEW STORMWATER MANAGEMENT UTILITY
11
CHAPTER
12
403.0893; CREATING A NEW PART 1, CONSISTING OF
13
DECLARATIONS, A SCOPE AND INTENT, DEFINITIONS,
14
ESTABLISHMENT
15
UTILITY,
16
AUTHORITY
17
CHARGES FOR THE GENERAL SERVICES DISTRICT OF
18
THE CONSOLIDATED CITY OF JACKSONVILLE, AS SET
19
FORTH
20
JACKSONVILLE,
21
DISTRICTS 2, 3, 4 AND 5 BEING THE CITIES OF
22
JACKSONVILLE
23
BEACH, AND THE TOWN OF BALDWIN; PROVIDING THE
24
BASIS FOR THE RATE AND THE COLLECTION THEREOF,
25
INCLUDING
26
ESTABLISHING
27
TRUST FUND, APPEALS, DELINQUENT CHARGES, AND
28
ALTERNATIVE
29
FOR
30
MITIGATION PROGRAMS; CREATING A NEW PART 2,
PURSUANT
A
OF
COUNCIL
THE
FLA.
DUTIES
STORMWATER
THE
CHARTER
NON
A
MANAGEMENT
SERVICE
OF
METHODS
THE
OF
APPROVAL
BEACH,
NEPTUNE
ASSESSMENTS;
MANAGEMENT
RULES,
OF
SERVICES
COLLECTION;
OF
CITY
URBAN
VALOREM
STORMWATER
MANAGEMENT
POWERS,
ATLANTIC
AD
SECTION
AND
EXCLUDING
BEACH,
STAT.
STORMWATER
DIRECTOR,
OF
IN
TO
UTILITY
PROVIDING
CREDITS
AND
AMENDED 3x 9/25/07
1
CONSISTING
OF
STORMWATER
2
INDUSTRIAL ACTIVITIES AND CONSTRUCTION SITES,
3
ILLICIT
4
POLUTANT
CONTRIBUTION
5
SYSTEMS
CONNECTED
6
PROHIBITION,
7
FOR POLLUTION ABATEMENT, INDUSTRIAL AND HIGH
8
RISK
9
DISCHARGE,
DISCHARGES,
REPORTING,
FROM
TO
EMERGENCY
RUNOFF,
CONTROL
MS4,
CONDITIONS,
ENFORCEMENT,
RELIEF
SEWER
GENERAL
LIABILITY
AND
PENALTIES
11
AUTHORIZATION
12
THAT
13
PRESERVED; PROVIDING FOR SEVERANCE; PROVIDING
14
FOR OPTIONS FOR COLLECTION; AND PROVIDING AN
15
EFFECTIVE DATE.
THE
HISTORY
PROMULGATE
OF
THIS
PART
CIVIL
10
TO
OF
OF
PROHIBITING
PENALTIES
VIOLATIONS
FROM
STORMWATER
THE
INJUNCTIVE
FOR
DISCHARGES
RULES;
2,
AND
PROVIDING
CHAPTER
SHALL
BE
16
17
BE IT ORDAINED by the Council of the City of Jacksonville:
18
Section 1.
Chapter
754
(Stormwater
Code)
19
Chapter 754 (Stormwater Code) is hereby repealed.
20
former
21
Division.
22
chapter
754
Section 2.
is
on
file
with
the
repealed.
A copy of the
Legislative
Services
New Chapter 754 (Stormwater Management Utility
23
Code) created. A new Chapter 754 (Stormwater Management Utility
24
Code) consisting of Part 1 and Part 2, is hereby created to read as
25
follows:
26
27
CHAPTER 754.
Part 1.
28
Sec. 754.101.
29
(a)
30
STORMWATER MANAGEMENT UTILITY CODE.
Establishment of Utility, Rates, and Enforcement.
Declaration, intent and scope.
The City finds and declares the following as the intent
and scope of the Stormwater Management Utility Code:
- 2 -
AMENDED 3x 9/25/07
1
(1)
To provide for effective management and financing of
2
a stormwater system within the City by establishing
3
a
4
Stat. 403.0893; and
5
(2)
Stormwater
Management
Utility
pursuant
to
Fla.
To provide that the Stormwater Management Utility
6
Code
7
District of the Consolidated City of Jacksonville,
8
as
9
Jacksonville excluding Urban Services Districts 2,
10
3, 4 and 5 being the Cities of Jacksonville Beach,
11
Atlantic
12
Baldwin.
13
(3)
shall
set
in
Beach,
the
in
the
Charter
Neptune
General
of
Beach,
and
the
Services
City
the
Town
of
of
To provide a mechanism for mitigating the damaging
effects
15
runoff; and
(4)
effective
forth
14
16
be
of
uncontrolled
and
unplanned
stormwater
To improve the public health, safety and welfare by
17
providing for the safe and efficient capture and
18
conveyance of stormwater runoff and the correction
19
of stormwater problems; and
20
(5)
To
ensure
compliance
the
National
Pollutant
22
Stormwater permit and to authorize the establishment
23
and implementation of a plan for storm management
24
including
25
construction,
26
maintenance, inspection, surveying and enforcement;
27
and
(6)
To
establish
Elimination
City’s
21
28
Discharge
with
planning,
management,
a
program
System
design,
coordination,
regulation,
of
user
(NPDES)
operation,
charges
for
29
stormwater management service to be charged to all
30
developed property within the city that contributes
- 3 -
AMENDED 3x 9/25/07
1
stormwater
2
management systems to accomplish the functions of
3
such utility; and
4
runoff
to
the
city's
stormwater
(7) To encourage and facilitate urban water resources
5
best
6
limited
7
runoff, minimization of the need to construct storm
8
sewers, and the enhancement of the environment.
9
10
(b)
In
order
management
to
to
the
techniques,
including
retention/detention
accomplish
these
purposes,
of
a
but
not
stormwater
stormwater
service charge shall be made on each developed parcel in the City.
11
(c) The City's stormwater service charges shall be fair and
12
reasonable, and bear a substantial relationship to the cost of
13
providing service and facilities, in that similar properties shall
14
pay
15
conducted periodically to ensure the equity of the service charges.
16
Sec. 754.102. Definitions.
17
18
similar
As
used
stormwater
in
service
this
charges.
chapter,
unless
Rate
the
studies
context
shall
be
otherwise
requires:
19
(a)
Adjusted impervious area shall mean the stormwater basin
20
area(s) multiplied by the stormwater management facility impervious
21
area
22
partial impervious area(s), as is set forth on Schedule 1.
23
factor
(b)
plus
the
impervious
area(s)
plus
one-half
of
the
Best management practices (BMPs) means those schedules of
24
activities, prohibitions of practices, maintenance procedures, and
25
other management practices to prevent or reduce pollutants from
26
entering the MS4 or being discharged from the MS4 so as to protect
27
or restore the quality of surface waters in Duval County. BMPs
28
include, but are not limited to, treatment methods and practices to
29
control site runoff, spillage, leaks, sludge, waste disposal or
30
runoff from raw material.
- 4 -
AMENDED 3x 9/25/07
1
(c)
CAO shall mean the Chief Administrative Officer of the
2
City, or the designee thereof.
3
(d) City shall mean the
consolidated City of Jacksonville,
4
Florida, and its staff and elected officials, but shall not include
5
the City of Jacksonville Beach, the City of Atlantic Beach, the
6
City of Neptune Beach, and the Town of Baldwin.
7
8
(e)
Department shall mean the Public Works Department of the
(f)
Developed property shall mean any parcel of land that has
City.
9
10
been modified by the action of persons to reduce the land's natural
11
ability to absorb and hold rainfall. These modifications include,
12
but are not limited to, clearing, grading, cementing, filling, or
13
compacting
14
buildings, parking lots, driveways, patios, decks, walkways, and
15
athletic courts.
16
17
(g)
the
natural
ground,
or
erecting
or
constructing
Director means the Director of the Stormwater Management
Utility or his designee.
18
(h)
Discharge includes, but is not limited to, any spilling,
19
leaking, seeping, pouring, emitting, emptying or dumping of any
20
material, including liquids.
21
(i)
Drainage
22
contributing
23
system.
24
25
(j)
surface
area shall
water
mean
runoff
to
the
the
watershed
city's
(acreage)
storm
drainage
Dwelling unit shall mean those living areas served by
individual electric and/or water meters.
26
(k)
for
Equivalent residential unit (ERU) shall mean the basic
27
unit
the
computation
of
stormwater
28
defined as approximately 2443 square feet of impervious area, which
29
represents the estimated average impervious area for all developed,
30
detached single-family properties in the city.
- 5 -
service
charges
and
is
AMENDED 3x 9/25/07
1
(l)
Illicit
connection means
any
man-made
conveyance
2
connecting a non-stormwater discharge directly to a municipal storm
3
sewer system.
4
(m)
Illicit discharge
means any discharge to a municipal
5
separate storm sewer system that is not composed entirely of storm
6
water except discharges pursuant to a National Pollutant Discharge
7
Elimination System permit (other than the city's NPDES stormwater
8
permit).
9
landscape
The
term
also
irrigation,
does
not
diverted
include
stream
water
flows,
line
rising
flushing,
underground
10
waters, uncontaminated ground water infiltration (as defined at 40
11
CFR
12
discharges
13
conditioning
condensate,
14
crawl
pumps,
15
residential car washing, dechlorinated swimming pool discharges,
16
flows from riparian habitats and wetlands, street wash waters, and
17
discharges or flows from emergency fire fighting activities.
18
35.2005(20))
from
space
(n)
to
separate
potable
storm
water
sources,
irrigation
footing
sewers,
point
foundation
water,
drains,
well
lawn
water
drains,
springs,
watering,
water
air
from
individual
Impervious area shall mean any part of any parcel of land
19
that has an impermeable cover caused to be erected or constructed
20
by the action of persons, and such covers include, but are not
21
limited
22
walkways, and athletic courts.
23
to,
(o)
buildings,
Industrial
lots,
activities
mean
are
land
use
26
by the U.S. Environmental Protection Agency as requiring a National
27
Pollutant Discharge Elimination System stormwater permit under the
28
definition
29
Activity" in 40 CFR 122.26.
(p)
Associated
Industrial and high risk runoff
- 6 -
industrial
which
according to local comprehensive plans and at facilities identified
Discharge
for
activities
decks,
25
"Stormwater
designated
patios,
conducted
of
properties
driveways,
24
30
on
parking
with
Industrial
means discharges from
AMENDED 3x 9/25/07
1
landfills,
2
recovery
3
requirements
4
industrial or commercial discharge which the Director determines is
5
contributing a substantial pollutant loading to the MS4.
6
hazardous
waste
facilities,
(q)
of
treatment,
facilities
EPCRA
Title
that
3,
storage,
have
Section
disposal
reported
313,
and
and
under
any
the
other
Inspection includes, but is not limited to, a review of
7
all
8
operation and maintenance of facilities and the results of any
9
monitoring performed in compliance with state, federal or local
10
components
of
a
stormwater
management
system,
records
on
regulations or permit conditions.
11
(r)
Multifamily residential properties shall mean and include
12
all
duplex,
13
containing more than one dwelling unit. Common areas associated
14
with
15
multifamily units on such properties.
such
condo,
trailer,
properties
shall
apartment
be
included
and
in
other
the
properties
charge
to
the
16
(s) Municipal storm sewer system or MS4 means that conveyance
17
or system of conveyances (including roads with drainage systems,
18
streets, catch basins, curbs, gutters, ditches, man-made channels,
19
pipes, head walls, manholes and storm drains) owned by the City of
20
Jacksonville, designed or used for collecting or conveying storm
21
water, which is not a combined sewer, and which is not part of a
22
publicly owned treatment works as defined in 40 CFR 122.2.
23
(t)
Nonresidential/commercial
zoned
or
used
for
commercial,
mean
and
include
25
retail, governmental, or other nonresidential purposes and shall
26
include all developed real property in the city not classified as
27
single-family or multifamily as defined in this section.
(u)
property
shall
24
28
all
properties
industrial,
Partial impervious area shall mean any part of any parcel
29
of land that has been modified by the action of persons to reduce
30
the
land's
natural
ability
to
absorb
- 7 -
and
hold
rainfall.
This
AMENDED 3x 9/25/07
1
includes areas which have been cleared, graded, graveled, filled,
2
or
3
vehicle and equipment storage, and material storage. Excluded are
4
all lawns, landscape areas, and gardens or farming areas.
5
6
7
compacted,
(v)
and
Person
typically
shall
involve
mean
any
unpaved
person,
parking,
firm,
unpaved
individual,
partnership corporation, organization of association of any kind.
(w)
Receiving water shall mean those creeks, streams, rivers,
8
lakes, sinkholes, and other bodies of water into which surface
9
waters are directed, either naturally or in manmade ditches, pipes,
10
11
or open systems.
(x)
Retention
retention
numeric
standard retention volume, but the value cannot exceed 1.0.
16
stormwater
the
13
15
the
mean
generated
(y)
dividing
factor shall
12
14
by
credit
volume
the
family detached housing units.
(z)
Standard
retention
volume shall
runoff
generated
by
stormwater
18
adjusted impervious area.
mean
multiplying
the
7.9
quantity
inches
19
(aa) Storm sewer refers to a municipal storm sewer.
20
(bb) Stormwater means
22
by
Single-family property shall mean and include all single-
17
21
value
stormwater
runoff,
by
of
the
surface runoff and
drainage.
(cc) Stormwater
23
occupied
by
24
detention/retention
25
elevation.
basin
area shall
stormwater
basins
at
mean
detention,
the
design
the
horizontal
retention,
maximum
water
area
and/or
surface
26
(dd) Stormwater detention basin shall mean a facility, either
27
natural or manmade, that collects and contains stormwater runoff
28
and allows the release of the stormwater through a structure that
29
is designed to control the rate of the release of the stormwater,
30
as acknowledged by the city manager or designee.
- 8 -
AMENDED 3x 9/25/07
1
(ee) Stormwater
detention/retention
basin shall
mean
a
2
facility, either natural or manmade, that performs a combination of
3
both
4
acknowledged by the city manager or designee.
5
a
stormwater
detention
(ff) Stormwater
basin
management
and
a
retention
facility
basin,
impervious
as
area
6
factor shall mean the amount that the stormwater retention basin
7
area(s) is adjusted; the factor is derived by dividing 4.2 inches
8
(which is the amount of rainfall generated by the 25-year, 24-hour
9
rain storm event between the 11th and 13th hours) by 7.9 inches
10
(which is the amount of rainfall generated by the 25-year, 24-hour
11
rain storm event) which quotient is 0.53.
12
(gg) Stormwater management system shall mean and include all
13
natural and manmade elements used to convey stormwater from the
14
first point of impact with the surface of the earth to a suitable
15
receiving
16
boundaries of the city. The stormwater management system includes
17
all
18
detention/retention basins, ponds, and other stormwater conveyance
19
and treatment facilities.
water
pipes,
body
or
channels,
location
streams,
internal
ditches,
or
external
wetlands,
to
the
sinkholes,
20
(hh) Stormwater retention basin shall mean a facility, either
21
natural or manmade, that collects and contains stormwater runoff
22
and only allows the release of the stormwater runoff by one or more
23
of the following: evaporation, percolation into the natural ground
24
and/or percolation into a manmade filtration system that may convey
25
the
26
acknowledged by the city manager or designee.
27
stormwater
runoff
(ii) Stormwater
to
a
stormwater
retention
management
volume shall
mean
system,
the
28
capacity of a stormwater retention basin(s).
29
Sec.754.103. Stormwater Management Utility--Established.
30
There
is
hereby
created
and
- 9 -
established
in
the
as
maximum
city
a
AMENDED 3x 9/25/07
1
stormwater management utility in accordance with Florida Statutes
2
section 403.0893. This utility shall constitute the storm water
3
management
4
Public Works; and shall be responsible for the city's stormwater
5
management plan, subject to appropriations from the City Council.
6
Sec.754.104. Stormwater Management Utility Director.
7
system;
shall
operate
from
within
the
Department
of
The Director of Public Works shall serve as the director of
8
the City’s stormwater management utility.
9
Sec.754.105 Stormwater Management Utility Director -- Duties and
10
11
powers.
The
stormwater
management
utility
director
shall
have
all
12
powers necessary for the exercise of responsibility of the drainage
13
of stormwater from all properties with the City covered by this
14
Chapter, including, but not limited to, the following:
15
16
17
18
19
(a)
Preparation of plans for improvements and betterments to
the stormwater management system.
(b)
Construction
of
improvements
and
betterments
to
the
stormwater management system.
(c)
Promulgation
of
regulations
for
the
use
of
the
20
stormwater management utility and system, including provisions for
21
enforcement of such regulations.
22
(d)
Review
with
new
development
stormwater
permits
regulations included in present city ordinances or ordinances later
25
adopted.
26
(e)
30
compliance
all
24
29
for
of
within
28
city
approval
23
27
the
and
management
Performance of routine maintenance and minor improvement
to the stormwater management system.
(f)
Establishment of charges, with approval of City Council,
for the city's stormwater management utility and system.
(g)
Evaluation of water quality concerns for discharges to
- 10 -
AMENDED 3x 9/25/07
1
the stormwater management system.
2
(h)
Performance of all normal utility functions to include
3
construction, operation, and maintenance of the city's stormwater
4
management system, including, but not limited to, the hiring of
5
staff,
6
contracts
7
handling of purchase, lease, sale or other rights to property for
8
the stormwater management system; all consistent with the personnel
9
and procurement requirements of the City.
10
the
selection
for
(i)
of
services
special
and
consultants,
construction
of
the
entering
facilities,
and
the
Recommendation of the issuance of revenue bonds for the
11
purpose of performing those duties as described herein.
12
Sec.754.106.
13
collection and enforcement thereof.
14
into
(a)
Authority
for
Authorization.
and
for
the
levy,
The City Council is empowered by this
chapter
16
Management
17
city's stormwater management system. Such charges shall be based on
18
the
19
properties within the General Services District of the Consolidated
20
City of Jacksonville, as set forth in the Charter of the City of
21
Jacksonville, excluding Urban Services Districts 2, 3, 4 and 5
22
being the Cities of Jacksonville Beach, Atlantic Beach, Neptune
23
Beach, and the Town of Baldwin.
24
properties receiving different classes of service.
25
cost of providing stormwater services is approximately thirty four
26
million dollars ($34,000,000).
cost
(b)
establish,
charges,
15
27
to
service
Director,
of
upon
charges
providing
recommendation
for
the
stormwater
use
of
and
the
Storm
discharge
management
services
Water
to
to
the
all
These charges may be different for
Rates for stormwater management service.
As of 2007, the
There will be
28
a charge for all owners or occupants of real property in the city
29
covered by this ordinance, who have improvements or uses thereon
30
which
contribute
stormwater
runoff
- 11 -
to
the
city's
stormwater
AMENDED 3x 9/25/07
1
management system, a monthly stormwater service charge.
The basic
2
stormwater service charge shall be five dollars per month ($5.00),
3
or sixty dollars per year, as follows:
4
Single Family detached
Residential between
1800 to 3400 square 1 ERU
feet
Single Family detached
Residential Less than .5 ERU
1800 square feet
Single Family detached
Residential
Greater 1.5 ERU
than 3400 square feet
5
All
others
properties
$5.00 per month
$2.50 per month
$7.50 per month
shall
be
calculated
6
following calculation:
7
Square
8
billing unit.
9
be the property stormwater service charge.
10
footage
(c)
of
impervious
land
divided
by
based
2443
on
the
equals
the
The number of billing units x $5.00 per month will
Application
to
certain
developed
properties.
Service
11
charges shall apply to all developed properties covered by this
12
ordinance within the city using the city's stormwater management
13
system, including those properties classified as nonprofit or tax-
14
exempt for ad valorem tax purposes. Service charges shall apply to
15
all
16
including the city-owned buildings, parks, and other properties.
17
government
(d)
properties,
including
Undeveloped property.
properties
of
the
city,
Stormwater service charges shall
18
not be charged to undeveloped property that has not been altered
19
from the natural state as defined herein, "impervious area" and
20
"partial
21
farmland, gardens, and landscaped areas shall also be exempt except
22
for any roads, parking, or structures associated therewith.
23
24
(e)
impervious
area."
Properties
dedicated
exclusively
to
Levy, collection and payment—alternative methods.
(1)
Effective July 1, 2008 through September 30, 2008,
- 12 -
AMENDED 3x 9/25/07
1
the stormwater service charges authorized or imposed by
2
this ordinance shall be charged on an annual basis, and
3
billed
4
collected
5
through any legally authorized method approved by the
6
Stormwater Management Utility Director.
7
(2)
8
incurred as of October 1, 2008 and thereafter, the levy,
9
collection and enforcement of stormwater service charges
10
shall be through the same methodology and procedures as
11
provided for in subsection (e)(1) but shall be collected
12
through the Tax Collector’s Office through methods and at
13
a cost mutually agreed upon between the City and the Tax
14
Collector.
15
on
For
an
in
the
annual
basis
advance. The
collection
of
and
may
be
method of
charged
billing
stormwater
and
shall be
service
charges
Sec.754.107 Stormwater Management Utility Trust Fund.
16
(a)
A stormwater
management utility trust fund is hereby
17
established into which all revenues from user stormwater service
18
charges, grants, or other funding sources shall be deposited and
19
from
20
management utility shall be paid. All disbursements therein are
21
hereby appropriated and shall not lapse but shall carryover into
22
each succeeding fiscal year.
23
shall be consistent with state law and reported to the City Council
24
by the Stormwater Management Utility Director or designee on an
25
annual basis.
26
(b)
which
all
expenditures
related
to
the
city's
stormwater
Accounting and reporting procedures
Expenditures from the fund for activities that are not
27
related to the city's stormwater management utility shall not be
28
permitted, except for prorated charges for general city and central
29
service costs.
30
- 13 -
AMENDED 3x 9/25/07
1
Sec.754.108 Appeals.
2
Any customers or property owners who feel that the stormwater
3
service charge for their property, or any credit therefore, has
4
been assigned or computed incorrectly may petition in writing to
5
the Chief Administrative Officer or designee for a review of such
6
charges.
7
Manual.
8
9
10
All such appeals shall be as set forth in the Stormwater
Sec.754.109.
credits
and
or
Council
mitigation
Approval.
programs
No
shall
stormwater
be
rules
implemented
or
unless
approved by the City Council.
11
Part 2. Violations and Prohibited Activities
12
Sec. 754.201. Stormwater discharges from industrial activities and
13
construction sites.
14
(a)
Using
best
management
practices,
stormwater
from
15
construction sites shall be controlled to retain sediment on-site
16
and
17
erosion
18
prevention
19
System permit for construction, required by a stormwater permit
20
issued by the Florida Department of Environmental Protection or the
21
St. Johns River Water Management District, or required by a city
22
permit or approved construction plan shall be properly implemented,
23
maintained and operated. The minimum requirements for controlling
24
stormwater run-off from construction sites are specified in the
25
City
26
specifications and details.
27
prevent
and
sediment
plan
Land
(b)
violations
of
a
of
state
water
controls
required
National
Pollutant
Development
Procedures
quality
Manual
under
standards.
the
Discharge
and
All
pollution
Elimination
its
standard
Stormwater from areas of construction activity shall be
28
treated or managed on-site, using best management practices, before
29
being discharged to an MS4 or to surface waters. All stormwater
30
discharges from the site shall be of a quality which will not
- 14 -
AMENDED 3x 9/25/07
1
adversely impact the water quality or the beneficial uses of the
2
receiving water.
3
(c)
Owners
and
operators
of
industrial
facilities
and/or
4
construction sites that will discharge stormwater to an MS4 shall
5
notify the Office of the City Engineer, in writing, before the
6
discharge begins. The noticed discharge shall not begin earlier
7
than 5:00 p.m. of the next municipal working day after the City
8
Engineer's Office receives the notice.
9
(d)
Any
person
who
has
been
issued
an
NPDES
permit
10
authorizing discharges to the MS4 shall submit a complete copy of
11
the permit to the city NPDES coordinator, within 60 days after the
12
effective date of this chapter, or 60 days after the issuance, of
13
the permit.
14
Sec. 754.202. Illicit discharges; reporting.
15
Illicit discharges to the MS4 are prohibited. Within seventy-
16
two
hours
after
17
responsible for the discharge shall report the discovery to the
18
City Engineer's Office. Initially, the report may be by telephone,
19
but the person responsible shall submit a written report within
20
seventy-two
21
description of the discharge volume, content and frequency; the
22
location of the point of discharge to the MS4; the measures taken
23
or to betaken to terminate the discharge; and, the name, address
24
and
25
additional information.
26
Sec. 754.203. Control of pollutant contributions from stormwater
27
sewer systems connected to the MS4.
hours
telephone
discovering
of
number
an
discovery.
of
the
illicit
The
person
report
who
may
discharge,
shall
be
persons
include
contacted
a
for
28
The discharge of stormwater between interconnected state, or
29
other municipal storm sewer systems shall not impair the quality of
30
the discharge from the MS4. Owners of sections of a storm sewer
- 15 -
AMENDED 3x 9/25/07
1
connected to the MS4 are responsible for the quality of discharge
2
from their portion of the system and shall coordinate with owners
3
of
4
segments.
5
Sec. 754.204. General prohibition.
downstream
segments
before
beginning
to
modify
their
system
6
In addition to illicit discharges, discharge of spills and the
7
dumping and disposal of materials other than stormwater, including,
8
but not limited to, industrial and commercial wastes, commercial
9
car
wash
wastes,
sewage,
garbage,
yard
waste,
trash,
petroleum
10
products (including used motor vehicle fluids), leaf litter, grass
11
clippings, and animal wastes), into the MS4 whether directly or
12
indirectly, are prohibited, unless authorized under a NPDES permit.
13
Sec.
14
discharges.
15
754.205.
(a)
Correction
and
discontinuance
of
prohibited
The Stormwater Management Utility Director may order the
16
correction of any unsafe, nonconforming or unauthorized condition
17
which
18
hereunder.
19
activity causing such condition.
20
violates
any
The
(b)
Director
Whenever
the
provision
may
the
correction
of
this
also
order
Stormwater
or
rule
discontinuance
Management
Director
activity on any premises pursuant to this section, the Director
23
shall
24
condition
25
nature
26
discontinue the condition or activity, and provide a reasonable
27
time
28
specified in the notice, the responsible person shall permanently
29
cease or correct all violations. Failure to comply with such an
30
order shall constitute a violation of this chapter.
of
for
or
activity
the
the
or
in
violation,
satisfactory
other
writing
person
any
any
22
owner
of
of
orders
the
discontinuance
Utility
adopted
21
notify
or
chapter,
responsible
which
notice
the
person
direct
correction
- 16 -
condition
thereof.
for
the
state
the
correct
or
shall
to
or
Within
the
time
AMENDED 3x 9/25/07
1
Sec. 754.206. Emergency conditions.
2
Notwithstanding any other provisions of this chapter, whenever
3
the
Stormwater
4
conditions
5
protect
6
compliance with this ordinance, rules promulgated hereunder, the
7
terms
8
control
9
construction
or
Management
activities
public
of
the
health,
City's
conditions
exist
safety
NPDES
of
plan,
Utility
any
City
Director
requiring
or
or
conditions
City-issued
forces
immediate
welfare,
permit
are
determines
to
or
permit
authorized
action
provide
the
or
that
for
stormwater
City
to
to
approved
enter
at
a
10
reasonable time in or upon any property for the purpose of testing,
11
inspecting, investigating, measuring, sampling and correcting such
12
emergency
13
emergency conditions, as determined and authorized by the Director,
14
shall constitute a separate violation of this chapter.
15
Sec. 754.207. Liability for pollution abatement.
16
conditions.
Any
person
Failure
to
responsible
admit
for
personnel
illicit
responding
discharges,
to
or
17
noncompliance with best management practices at industrial and/or
18
construction
19
condition or discontinue any prohibited activity at the order of
20
the Director shall be liable to the City for the expenses incurred
21
in
22
measuring, sampling, collecting, removing, treating, and disposing
23
of
24
and/or illicit discharges.
25
Sec. 754.208. Industrial and high risk runoff.
26
abating
the
sites,
pollution,
polluting
Within
and
the
who
fails
including
materials
schedule
and
to
correct
expenses
incurred
preventing
established
any
further
under
the
prohibited
in
testing,
noncompliance
city's
joint
27
National Pollutant Elimination Discharge System stormwater permit,
28
the
29
pollutants in stormwater discharges to the MS4 from industrial and
30
high risk runoff sources. In developing a control strategy, the
Director
shall
identify
and
develop
- 17 -
a
program
to
control
AMENDED 3x 9/25/07
1
Director may rely on data submitted by industrial facilities to
2
state and federal environmental regulatory agencies in satisfaction
3
of their state and/or federal discharge permits. If such data is
4
inadequate
5
industrial and high risk runoff sources, the Stormwater Management
6
Utility
7
monitoring.
8
Sec. 754.209. Injunctive relief prohibiting discharge.
9
for
developing
Director
may
a
pollutant
require
such
control
sources
to
program
conduct
for
self-
Immediately upon discovering an ongoing or potential illicit
10
discharge
11
control erosion and/or sediment deposition at construction sites
12
and/or
13
Director, in the name of the city, is authorized to apply to the
14
Circuit Court for an injunction. The court shall have jurisdiction,
15
upon a hearing and for sufficient cause shown, to grant a permanent
16
injunction restraining a person from violating this chapter and
17
rules adopted hereunder, or from failing or refusing to comply with
18
an order of the Stormwater Management Utility Director. The city
19
shall
20
including appellate fees and costs, in an action where the city is
21
successful in obtaining affirmative relief.
22
Sec. 754.210. Enforcement.
23
or
noncompliance
industrial
be
(a)
entitled
In
with
activities,
to
addition
best
the
reasonable
to
the
management
Stormwater
Management
attorney's
remedies
practices
set
fees
forth
and
in
to
Utility
costs,
Section
24
754.209, this chapter may be enforced by the Stormwater Management
25
Utility Director pursuant to authority granted herein as follows:
26
(1)
By citation for civil penalties pursuant to the
27
authority granted by F.S. Ch. 162, Part II, and Ch. 609,
28
Ordinance Code; and
29
(2)
30
penalties
By
action
for
in
amount
the
injunctive
- 18 -
of
relief,
$500.00
for
for
each
civil
day
of
AMENDED 3x 9/25/07
1
violation,
2
jurisdiction.
3
(b)
4
officers
5
Section 754.211(a).
6
This
of
(c)
or
chapter
the
both,
through
may also
Jacksonville
be
a
court
enforced
Sheriff's
by
of
law
Office
as
competent
enforcement
provided
The Stormwater Management Utility Director is authorized
7
to
8
administratively resolve violations or alleged violations.
9
Sec. 754.211. Penalties; civil penalties.
10
in
enter
(a)
into
consent
orders
and
compliance
plans
to
Any person who violates any provisions of Part 2 of this
11
chapter shall be guilty of a class D offense; however, the violator
12
may be punished by a fine, either alone or in addition to the
13
imprisonment
14
exceed two thousand dollars a day.
15
(b)
that
may
Municipal
code
for
class
enforcement
Ordinance
17
Director or law enforcement officers.
(c)
is
imposed
16
18
Code,
be
supplemental
to
D
pursuant
offenses,
to
enforcement
not
chapter
taken
by
to
609,
the
Violations of this part shall be punishable by a civil
19
penalty of not more than two thousand dollars for the first offense
20
and
21
thereafter.
22
23
24
of
(d)
not
more
Each
than
day
two
during
thousand
any
portion
dollars
of
for
which
each
such
offense
violation
occurs shall constitute a separate offense.
(e)
The remedies and penalties provided in this chapter are
25
not exclusive, and the city may seek whatever other remedies are
26
authorized by statute, at law or in equity, against any person who
27
violates the provisions of this chapter.
28
Sec. 754.212. Rules.
29
The Stormwater Management Utility Director is authorized to
30
promulgate rules pursuant to part 2, chapter 100, Ordinance Code,
- 19 -
AMENDED 3x 9/25/07
1
2
as appropriate to further implement this chapter.
Section 3.
Commencement
authorized
in
The
this
stormwater
management
4
commence with services provided on and after July 1, 2008.
Section 4.
charges
Charges.
3
5
utility
of
ordinance
Alternative Means of Collection.
shall
If for any
6
administrative or legal reason the stormwater management service
7
fees authorized or imposed by this ordinance are not able to be
8
collected in advance under section 754.106(e)(2) for any year of
9
service, then in that event the fees incurred for services provided
10
11
may be collected as authorized by section 754.106(e)(1).
Section 5.
Severability.
If
any
section,
subsection
or
12
provision of this ordinance is held invalid, the remainder shall
13
not be affected by such invalidity.
14
Section 6.
effective
Effective Date.
upon
signature
by
This
15
become
the
16
effective without the Mayor’s signature.
Mayor
17
18
Form Approved:
19
20
____/s/ Margaret M. Sidman__________
21
Office of General Counsel
22
Legislation Prepared By:
Cindy A. Laquidara
23
24
G:\SHARED\LEGIS.CC\2007\ord\Stormwater Ch
754 Enrolled.docb
- 20 -
ordinance
or
upon
shall
becoming