ORDINANCE NO WHEREAS, the Village of Palm Springs, Florida, is seeking to comply with all provisions of federal and state law; and,
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1 ~~!QJ~ AN ORDINANCE OF THE VILLAGE OF PALM SPRINGS, FLORIDA, I~ ADOPTING PROVISIONS RELATING TO USE OF THE STORMWATER SYSTEM; PROVIDING FOR REPEAL OF LAWS IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; PROVIDING FOR INCLUSION IN THE CODE; ruid PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO WHEREAS, the federal Clean Water Act (33 U.S.C et seq.) as implemented by regulations of the U.S. Environmental Protection Agency adopted November 16, 1990 (40 CFR Part 122), made necessary the adoption of local ordinance provisions relating to the Stormwater System; and, WHEREAS, the Village of Palm Springs, Florida, is seeking to comply with all provisions of federal and state law; and, WHEREAS, the Village Council of the Village of Palm Springs, Florida has conducted legally noticed public hearings and has provided all interested parties an opportunity to be heard on these ordinance provisions; NOW, THEREFORE, THE VILlAGE COUNCIL OF THE VILLAGE OF PALM SPRINGS DOES ORDAIN THE FOLLOWING: SECTION 1: ARTICLE 1.0 TITLE, PURPOSE AND DEFINITIONS This ordinance shall be known as the Village of Palm Springs Initial stormwater Control Ordinance, and may be so cited. Section 1.1 Purpose and Intent The purpose of this ordinance is to promote the health, safety and general welfare of the inhabitants of the Village of Palm Springs. This ordinance is intended to comply with federal and state law and regulations regarding water quality. Section 1.2 Definitions (a) Authorized Official: any employee or agent of the Village of Palm Springs authorized in writing by the Director to administer or enforce the provisions of this ordinance. (b) Director: the Director of Public Services. (c) Discharge: any direct or illdirect entry of any solid, liquid or gaseous matter (d) Person: any natural individual, corporation, partnership, institution, or other entity (e) Site of Industrial Activity: any area or facility used for manufacturing, processing or raw materials, storage, as defined under 40 CFR Section (a)(14) of regulations of the U.S. Environmental Protection Agency, as amended. ~------~-----, Aienda RCJ'11 Date Jj -? Item No. j -/I
2 {f} Rtormwater: any stormwater runoff, and surface runoff and of conveyances used for I and Stormwater owned by the of Palm, but not any facilities intended to be used in accordance with law for collee and sanitary or other wastewater. ARTICLE 2.0 INDUSTRIAL ACTIVITY Section 2.1 General Prohibitions the Storm\vater in violation of any or other law, rule or Section 2.2 Prohibitions of industrial act stormwater or assurance of industrial act stormwater pennits, or both, the Director may impose reasonable limitations as to the of stormwater { without limitation the maximum levels of the from Sites and issuance be in accordance with law. Section 2.3 Administrative Orders The Director may issue an order to any Person to cease determined the Director to be in violation of any this ordinance, or in violation of any or hereunder. Section 2.4 NPDES Permits Person who holds National Pollutant (NPDES) shall a copy of such Director no later than the later of: s (50) calendar days after the effective date of this ordinance or s (60) calendar after issuance. ARTICLE 3.0 ILLICIT DISCHARGES Section 3.1 Gene~al Provisions Except as set forth under Section 3.3 of this ordinance or as in accordance with a valid I any to the stormwater that is not of stormwater is Section 3.2 ie Prohibitions Any to the Stormwater any sewage, industrial waste or other materials, materials in
3 violation of federal, state, county, municipal, or other laws, rules, ions, orders or, is Section 3.3 Authorized Unless the Director Section 3.1 ordinance: and other contributions water sources, water, diverted stream flows,, direct infiltration to the Stormwater, uncontaminated pumped, foundation and drains, water from crawl space pumps, air condensation, individual residential car, flows from habitats and wetlands, and dechlorinated Section 3.4 Illicit Connections No Person may maintain, use or establish any direct or indirect connection to the stormwater tern that results in any in violation of this ordinance. This is retroactive and to connections made in the of whether made under a or whether under laws or at the time the connection was made. Section 3.5 Administrative Order The Director may issue an order to any Person to cease any, or any connection to the Stormwater, detennined the Director to be in violation of any provision of this ordinance, or in violation of any or issued hereunder. ARTICLE 4.0 SPILLS AND DUMPING Section 4.1 General Prohibitions as set forth under Section 3.3 of this ordinance or as in accordance with a valid NPDES, any to the Stormwater that is not of Stormwater is Section 4.2 Prohibitions to the Stormwater industrial waste in violation of federal, state, rules I orders or permits, is any sewage, any materials other laws, Section 4.3 Notification of As soon as any Person has of any to the Stormwater in violation of this ordinance, such Person shall notify the Director (407) , and if
4 such Person is diregt or indirect for such then such Person shall also take isrunediate action to ensure the containment and clean up of such and shall confirm such notification in to the Director at 226 Lane, r Florida, 33461, within three calendar Section 4.4 Administrative Order The Director may issue any order to any Person to cease any, or connection to the stormwater by the Director to be in violation of ions of this ordinance, or in violation of any ion or issued hereunder. ARTICLE 5.0 ENFORCEMENT section 5.1 Relief violation of any of this ordinance, any or order issued hereunder, shall be ect relief if necessary to the welfare. Section 5.2 Violation A Person shall be of a separate violation for each and every violation of any ion of this ordinance, or of any issued hereunder. Section 5.3 Enforcement Actions The Director may take all actions necessary, inc tne issuance of notices of violation, the filing of court actions referral of the matter to the local Code Enforcement Board to and with the of this ordinance and with any issued hereunder. AR'rICLE b. 0 INSPECTIONS AND MONITORING Section 6.1 For Whenever necessary to to enforce any of the ions of this ordinance, or or issued hereunder, or whenever an Authorized Official has reasonable cause to believe there exists any condition of any of the of ordinance, or issued hereunder, any Authorized Official may enter any at any reasonable time to the same to any to enforcement of the of this ordinance or any issued hereunder; that (a) if such or f such Authorized Official shall first present proper sian to enter, and (b) if such or, such Official shall make a reasonable to locate the owner or other person having charge or control of the, building or fac
5 and shall to enter. Any Eor ion to enter made hereunder shall state that the owner in control has the to refuse entry, and that in such refused, the Authorized Official may enter to make issuance of a search warrant by a authorized owner or person in control refuses sian to enter after such has been made, the Authorized Official is hereby authorized to seek assistance from any court of competent in Routine or area-wide shall be based upon such reasonable selection processes as may be necessary to carry out the purposes of this ordinance, including but not limited to random and in areas with evidence of stormwater contamination, non-stormwater, or similar factors Section 6.2 For Any Authorized Official may establish on any such devices as are necessary to conduct metering of Discharges to the stormwater any to enforce the ions of this ordinance, or or issued hereunder I any Au thoriz8d Official may take any deemed necessary. section 6.3 For The Director may any any activity or any or but not limited to a Site of Industrial ) to undertake such reasonable of any (s) to the stormwater and to furnish SECTION 2: REPEAL OF CONFLICTING ORDINANCES All ordinances or thereof or of the Code conf or inconsistent with the of this Ordinance are SECT ION 3: SEVERABILITY : If any section, of a section,, sentence, clause, or word of this Ordinance is for any reason held or declared to be unconstitutional. or void. such on shall not affect this of this Ordinance and it shall lative intent to pass this Ordinance without such unconstitutional, invalid or herein, and the remainder of the Ordinance after the exclusion of such parts shall be deemed to be held valid as if such or not been included therein, or if this Ordinance or any of the thereof shall be held to any person, group of persons,, circumstances, or set of circumstances, affect the thereof to any other or circumstances. SECTION 4: INCLUSION IN THE CODE
6 It is the ntention of the Counci of the of Palm, entered as ordained, that the of this Ordinance shall become and be made Code of Laws and Ordinances of the of Palm, Florida; that the Section(s) of the Ordinance may be renumbered or relettered to such intention, and that the word "Ordinance" may be "Article", or other word. SECTION 5: PUBLICATION The Clerk of the of Palm, Florida, is directed to notice once in a newspaper circulation in Palm Beach County, Florida, the title of this Ordinance, the date, time, and of the of the Council at which the ect Ordinance may The notice shall be at least to the date of the second and shall also advise that interested at and be heard with to the SECTION 6: EFFECTIVE DATE The of this ordinance shall become effective in accordance with the laws of the state of Florida. offered the Ordinance, seconded by Councilrnember to a vote, the vote was as RICHARD H. JETTE, KARON B. SHODA, Vice Mayor CHESTER D. OSBORNE, Pro Tern HARRY LOWENKRON, Councilrnember JOHN M. DAVIS, Councilmember the second on VILLAGE OF PALM SPRINGS, FLORIDA BY ITS VILLAGE COUNCIL BY: ATTEST: 1st 2nd
7 STATE OF FLORIDA COUNTY OF PALM BEACH THE 1-.ciLM BEACH POST Published Daily and Sunday West Palm Beach. Palm Beach County. Florida PROOF OF PUBLICATION Before the undersigned authority personally appeared Chris Bull who on oath says that she/he Is Class. Sales Mgr. o[the Palm Beach Post. a daily and Sunday newspaper published at West Palm Beach in Palm Beach County. Florida; that the attached copy of advertising. being a Notice in the matter of public hearing In the Court. was published in said newspaper in theissuesof ~M~a~r~c~h~2~9~, =1~9~9~3 NO NOTICE OF PUBLIC HEARING A Public H.arlng will be hold on the 'ollowlng propo d or dln.nee at 7:30 p.m. on Apr11 8, 1993, In the Counoll Chamben. 228 Cypr Lime, Palm Spring., FL, at which time the Palm. Spring. 'Vlllege Council will con,lde, Itl adoption Into law. The ordinance In U. entirety mil)' b. Inlpecled at the OUlee or the Village Clerk dur Ing regular working hour. All Inter ted parti may appear at the meeting and be h rd with '.'pect to lhl' propo d ordinance.. '.. ORDINANCE NO. 9HJ2 ADOPTING PROVISIONS RE LATIIW TO THE USE OF THE STORMWATER SYSTEM OF THE VILLAGE OF PALM SPRINGS. FLORIDA. It a peraon decide. to appeal any decision mild. by the above Village Council with r... apect to any mailer conald GI.d lit auch hearing. he will ) n.ed a record or the proc d j Inga, and for ' auch purpo. mil)' n.ed to anlur. that a var- : batlm record ot the proceed- 1"91. I. made, which record In- ' eilld.. the t tlmon)' and evidence upon which the.lip-. peal I. to ba baaed.. ' Irena L Burrough, Village Clark ' Village of Palm Spring. PUB: The Palm B.ach POlt March 29, 1993, '1,\. ~, Personally known XX or Produced Identification Type of Identification Produced
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