ORDNANCE NO. 09)-7 AN ORDNANCE OF THE CTY COMMSSON OF THE CTY OF BOYNTON BEACH FORDA AMENDNG CHAPTER 26. WATER SEWERS AND CTY UTTES BY CREATNG A NEW ARTCE V. PROVDNG FOR USE OF THE STORHWATER SYSTEM; PROVDNG FOR CONFCTS SEVERABTY CODFCATON AND AN EFFECTVE DATt:. WHEREAS the federal Clean Water Act ()) U.S.C. 1251 et seq.) as implemented by reglations of the U.S. Environmental Protection Agency adopted November 16 1990 (40 CFR Part 122) make necessary the adoption of local ordinance provisions relating to the Stormwater System; and WHEREAS the City of Boynton Beach is seeking to comply with all provisions of federal and state law; and WHEREAS the City Commission of the City of Boynton Beach Florida has condcted legally noticed pblic hearings and has provided all interested parties an opportnity to be heard on these ordinance provisions; NOW THEREFORE BE T ORDANED BY THE CTY COMMSSON OF THE CTY OF BOYNTON BEACH FORDA: Section 1. That Chapter 26. Water Sewers and City Utilities is hereby amended by creating a new Article V. entitled "St.Jrmwater Systems" as follows: Art. V. Stormwater System Sec. 26-)00-26-)06 Sec.26-)00 Prpose and ntent The prpose of this ordinance is to promote the health safety and general welfare of the inhabitants of the City of Boynton Beach. This ordinance is intended to comply with federal and state law and reglations regarding water qality. 26-)01 Definitions (a) Athorized Official: any employee or agent of the City athorized in wr iting by the Director to administer or enforce the provisions of this ordinance. (b) Director: Director of Utilities (c) Discharge: any direct or indirect entry of any SOlid liqid or gaseos matter (d) Person: any natral individal corporation partnership instittion or other entity (e) Site of ndstrial Activity: any area or facility sed for manfactring processing or raw materials storage as defined nder 40 CFR Section l22.26(a)(14) of reglations of the U.S. Environmental Protection Agency as amended (f) Stormwater: any stormwater rnoff an srface rnoff and drainage (g) Stormwater System: the system of conveyances sed for collecting sto=ing and transporting Stormwater owner by the City of Boynton Beach bt not inclding any facilities intended to be sed in accordance with applicable law for collecting and transporting sanitary or other wastewater. 26.)02. ndstrial Activity )02.1 General Prohibitions
Any Discharge into the Stormwater System in violation of any federal state conty mnicipal or other law rle reglation or permit is prohibited. 302.2 Specific Prohibitions By adoption of indstrial activity stormwater reglations or by lssance of indstrial activity stormwater permits or both the Director may impose reasonable limi tations as ro the qality of Stormwater (inclding withot limitatior the designation of maximm levels of polltants) Discharged into the Stormwater System from Sites of ndstrial Activity. Any promlgation of sch reglations and issance of permits by the Director shall be in accordance with applicable law. 302.3. Administrative Orders The Director may isse an order to any Person to immediately cease any Discharge determined by the Director to be in violation of any provision of this ordinance or in violation of any reglation or permit issed herender. 302.4. NPDES Permi ts Any person who holds a National Polltant Discharge Elimination System (NPDES) permit shall provide a copy of sch permit to the Director no later than the later of: sixty (50) calendar days after the effective date of this ordinance or sixty (60) calendar days. after issance. 25.303. llicit DiScharges 303.1 General Prohibitions Except as set forth nder Section j.3 of this ordinance or as in accordance with a valid NPDES permit any Discharge to the Stormwater System that is not composed entirely of Stormwater is prohibit~d. 303.2 Specific Prohibitions Any Discharge to the Stormwater System contalning any sewage indstrial waste or other waste materials or containing any materials in violation of federal state conty mnicipal or other laws rles reglations orders or permits is prohibited. 303.3 Athori~ed Exceptions Unless the Director determines that it is not properly managed or otherwise is not acceptable the following Discharges are exempt from the general prohibition set forth nder Section 303.1 of this ordinance: flows from fire fighting water line flshing and other contribtions from potable water sorces landscape irrigation and lawn watering irrigation water diverted stream flows rising grondwaters direct infiltration to the Stormwater System ncontaminated rmped grondwater fondation and footing drains water from crawl space pmps air conditioning condensation springs individal re!'lidentilll... "'''Qhlna~. flows from riparian habitats ar.d wetlands and dechlorinated swimming pool contribtions. 303.4 llicit Connections 1. NO person may maintain se or establish any direct or indirect connection to the Stormwater System that reslts. in any Discharge in violation of this ordinance. This prohibition is retroactive and applies to connections made in the past regardless of whether made nder a permit or other athorization or whether permissible nder laws or practices applicable or prevailing at the time the connection was made.
303.5 Administrative Order The Director may isse an order to any Person to immediately cease any Discharge or any connection to the Stormwater system determined by the Director to be in violation of any provision of this ordinance or in violation ot any reglation or permit issed herender. Sec. 26-304. Spills and Dmping 304. 1 General Prohibitions Except as set forth nder Section 3.3 ot this ordinance with a valid NPDf.S permit any Discharge to the Stormwater System that is not composed entirely ot Stormwater is prohibited. 304.2 Specific Prohibitions Any Discharge to the Stormwater System containing any sewage indstrial waste or other waste materials or containing any materials in violation ot tederal state conty mnicipal or other laws rles reglations orders or permits is prohibited. 304.3 Notification of Spills As soon as any Person has knowledge or any DisCharge to the Stormwater System in violation of this Ordinance sch Person shall immediately notify the Director by telephoning 407-738 7460 and if sch Person is directly or indirectly responsible for sch Discharge then sch Person shall also take immediate action to ensre the containment and clear p of sch Discharge and shall confirm sch telephone notification in writing to the Director at City of Boynton Beach 124 E. Woolbright Road Boynton Beach Florida 33435 within three (3) calendar days. 304.4 Administrative Order The Director may isse an order to any Person to immediately cease any Discharge or connection to the Stormwater System determined by the Director to be in violation of any provision of this Ordinance or in violation of any reglation or permit issed herender. J 26-305 Enforcement 305.1 njnctive Relief Any violation of any provision of this ordinance or of any reglation or order issed herender shall be SUbject to injnctive relief if necessary to protect the pblic health safety or general welfare. 305.2 Contining Violation A Person shall be deemed gilty each and every day dring any provision of this ordinance or issed herender. 305.3 Enforcement Actions of ~ separate violation tor contining violation of any ot any reglation or permit The Director may take all actions necessary inclding the issance of notices of violation the filing of cort actions and/or referral of the matter to the local code enforcement Board to reqlre and enforce compliance with the provisions of thls ordinance and with any reglation or permit issed herender.
UJ 26-306 nspections and Monitoring l J06.1 Athority For nspections Whenever nec~ssary to make an inspection to enforce any of the provisions f this ordinance or reglation or permit issed herender or whenever an Athorized Official has reasonable case to believe there exists any condition constitting a violation of any of the provisions of this ordinance or reglation or permit issed herender any Athorized Official may enter any property bilding or facility at any reasonable time to inspect the same o~ to perform any dty related to enforcement of the provisions of this ordinance or' any reglations or permits issed herender; provided that (a) if sch property bilding or facility is occpied sch Athorized Official shall first present proper credentials and reqires permission to enter and (b) if sch property bilding or facility is noccpied sch Athorized Official shall make a reasonable effort to locate the owner or other person having charge or control of the property bilding or facility and shall reqest permission to enter. Any reqest for permission to enter made herender shall state that the owner or person i~ control has the right to refse entry and that in sch event that entry is refsed the Athorized Official may enter to make inspection only pon issanc~ of a search warrant by a dly athorized magistrate. f the owner or person in control refses permission to enter after sch reqest has been made the Athorized Official is hereby athorized t.o seek assistance from any cort of competent jrisdiction in obtaining entry. Rotine or area-wide inspections shall be based pon sch reasonable selection processes as may be necessary to carry ot the prposes of this ordinance inclding bt not limited to random sampling and sampling in areas with evidence of stormwater contamination non-stormwater discharges or similar factors. 306.2 Athority For Monitoring and Sampling Any Athorized Of ficial may establish on any property sch devices as are necessary to condct sampling or metering of Discharges to the Stormwater System. Dring any inspections made to enforce the provisions of this ordinance or reglations or permits issed herender any Athorized Official may take any samples deemed necessary. J06.3 Reqirements for Monitoring The Director may reqire any Person engaging in any activity or owning any property bilding or facility (incldi~1 bt not limited to a Site of ndstrial Activity) to ndertake sch reasonable monitoring of any Discharge(s) to the Stormwater System and to frnish periodic reports. Section 2. That each and every other provision of Chapter 26 not herein specifically amended shall remain in fll force and effect as previosly enacted. Section 3. That all ordinances or parts of ordinances in confli<:t hl:!rewitl\ be a~d the S.l:r.e ar.. :'-~":"J ~.:.;..:.:led. Section 4. Shold any section or provision of this ordinance or portion hereof any paragraph sentence or word be declared by a cort of competent jrisdiction to be invalid sch decision shall not affect the remainder of this ordinance. Section 5. ordinance. Athority is hereby granted to codify said Section 6. This ordinance shall become effective immediately pon passage. l
FRST READNG this --..l.q day of April 1993. SECOND FNA READNG AND PASSAGE this ~ day of May 1993. CTY OF BOYNTON BEACH FORDA ATTEST: ~~0t~ ~y Clerk (Corporate Seal) Storm.Wtr 4/13/93