HomeMy WebLinkAboutDocumentation_Miscellaneous_Tab 3_11/22/1993 Ch.raw ___ ____ ENVIRONMENTAL CONTROL FS.19e1 R6_1M1 '
—----_ _ENVIgONeeENTAL CONTIWf, ��_.
131 Tne cost of such cerldicat ions by the proles 4 Be veldt Id the period of time spooled(herein lain,a method contemplated in hie application as deter - -
ssrnal snap be borne by me permlte.or Ilia person (d) An operation Perm)may be renewed upon apple mined by the department,and menu la processing of federally approved the de per
ordered to correct the permitted activity cation to the department No renewal permit shall he 5 Contan other requirements and re slot nuns mils lot ar•squale to cover the entire cost 10 The depart
Ill A permitted or licensed activity or corrective issued d the department finds that the proposed des- which the deperlmenl deems necessa end desirable upon any permm management,la to cov rug are acting
action that is requred to be so certified upon COmpletron charge will reduce the quality of the receivingwaters to protect the y ry Y permit application,are to Cover The cost oI
qualm of the receiving waters and pro surveillance and other held services Of any permits
Of me activity or action may not be placed into use or below the cWaSilication established for them mole the public:nteresl
oPaahon unto fr,e professional's certificate is Ned with (3Na) A person who does not qualify tor an operation (Aka) Theis issued pursuant to Inia section Further,it is legislative
The department or board permit or has been denied an operation permit under strued to repeal orrarOntriol tothsecter shall not be con .tent,upon a finding by The department delermning
mew ••e s tz..ii..n se any provisions of this such additional costs for administering an NPDES pros
paragraph(b)of subsection(2)may apply to the deparb chapter,but shall be cumulative thereto.
�•� water nrnenl Tor a temporary operation permit ADaoelion snap (le) This section shall not be comet gram•to set permit fees by legislative act duringthe
MA itlpe Nei Peatdle;IMP,' be made on a form prescribed by the department and any permttine Iron teaconstrued to requirements of 19 2 regularthis legidati he depart�/eflhul '— shall contain such information as the department mayanylocal air and water pexuion control uriof (n) To end.the department ironll apply nor later
pollutioncooled rule,regulation, thangene1.1
1 t 1 NO person.without writtenito aut rzaton of the require The department may requireeas such person to ordinance,or code,or to authorize a slow any violation lion A January 9f39.to the U S Environmental Protec-
Oepanmilrnl shall discharge into waters within the stale submit any additional information reasonably necessary thereof gency,pursuant to s.402 0l the Federal Clean
any waste which by itself or in combnaton with the proper evaluation (5) Notwithstanding anyWater Act,rt L No 92-500,as amepart fa a oval
wastes of other sources,reduces the quality of the (b) The department shall give notice to people rest discharge from anysewage act to the contrary,n the process
a' 'PpE$ ram T Pw
90.
receiving waters below The Classification established to dent in the drainage area of the receivingwaters for the is permitted ge disposal or treatmentbyal plant proCBss wog tie tlry i,19 tit snail rot
them Fbwevr this section shall not be deemed to pro- pursuant to this chapter and by a local s program
Or issue or deny NPDES permits
proposed discharge concerning the period during which lution control program,the discharge under ITh program until after powere 1,19
hidt the application of pesticides to waters in the slate they may present objections to the proposed discharge lawful Further,anyshall deemedc (te The department is empowered to establisht a
Ill Inc contra OI insects.aquatic weeds.or algae. person,firm,corporation,or public stale Water program in attendance with s
iota ga pro- (c) Alter consideration of the application.any adds body that constructs, reconstructs, extends, or 402 of the
' sided the application is performed pursuant to a pro Iarel information furnished.and all written oDseChons increases the or volume of anyClean Water Act,as amended The department shell
gram approved bythe grantdeny . capacity sewage die have the
Department of Health and Reba submitted,the department shall or a tempoposal or treatment plant pursuant to permits or aulhoe milli power and authority Ccrda to the NPDES pee
i 123
dilative Services in the case of insect contra,or the nary operation permit No temporary permit shall be rations under this chapter and throughanylocal pollu rig program am in etc tided with s 402(b)of the
Department of Natural Resources in the use d aquatic granted by the department unless it affirmatively finds lion control program shall riot be 8u Clean Water Act,as amended.and 40 C F R wrvil or algaecontrol The t The dischargequalifybier to an action by The state NPDES permit shall be the Pais issued
(leper W EnvrurnrtentelwoPosed does not ualil to an he slats relorhey to restrain,ransom,or otherwise pre by the stale under this chapter regulating the discharge
Requires.is Jire.'tell W enter mid interagency agree Operation pernrt, vent such construction,feConstruCtion,extension,p
m erns to establish the procedures fur program approval 2 The applicant is constructing,mslrekng,or plaC- increase. d pollutants or wastes into surface waters within the
Such agreements snaa provide for public health wet i°9 into operation,Co has Submitted plans are reason Newry-w z.a 5 a r.zm_•,ra n-ore•s.r.-in,z,,, slate for discharges covered by the EPA approved stele
t tare and safety.as well as environmental factors able schedules for constructing,installinga acre rim as-tie•`ill rr'ru.in or 1e�-.z co»r.n ie»is.so NPDES program This legislative grant of authority is
DI g' n Ira.•,a.a ei i«
Approved programs must provide that only chemicals operation,an approved pollution abatement facility orintended to he sufficient to enable the department to
approved for the Particuter use by try Federal Enwron alternate waste disposal system,or that the applicant IOS.OpI Selvage or disposal• eteme or water quality la delegation cal"'eh
he federal NPDES program to
• mental Protection Agency or by the Department cal Agri has a waste la which no feasible and acceptable treatment rrarea;eonelrt Ctlon Y ed stale and operate alKn program in aCCadaroe with cuitae and Consumer Services maybemethod of treatment a disposalPerrrrlM.—The depart federal law
employed and is known or recognized merit may issue construction perm is la sewage Sys (1) An applicalon Ica an NPDES permit a d other
mat d•eY be applied n accordance with registered label but is making a bona tide snort through research and Isms,treatment works,or disposal systems basso upon a
instructions state standards for Such application and Other means to discover and implement such•method. review of apreliminarydesignPal,applicationy shalt s Iron sty stab relate fir tea
f me provisions of the Florida Pesticide Law.chapter 167 3 The applicant needs permission to pollute The end other required rechshall lams, ily shell be granted or denied by the department edwith n 12Na) Any person intending to discharge astes into waters within the slate for a period of time necessary to mutated by m tit ruler Detail of)d construction bpe
12 time allowed for Other than revrew under 40to C F R part
trio waters OI the stale seas make application to the complete research.planning,construction,installation, and specifications shall not be required prior to issuance permitting,
subpart tt C io sa issstoruance
or el denial of such
department for an operator permit plicaton shall be or operation of an approved and acceptable pollution of a construction permit unless such pefmtting,the decision on another
a of such
abatement facility or alternate waste disposal system, cations are required to secure federal funding and the ammo maynot be authorityThe delegated to departmenter agency or gov
on a form prescribed by the department and snap 4 There is no present, reasonable.alternative
I contain such nlamalion as the department requires means of di n of the waste other than bydischar - 1 is lion that to receive federal funding Upon a exempted from theITme ver,eti tieis specifically
{ Ile) s try department finds that the proposed die ems'g 9 itonslralon Ina)a conslrucletl s stem D
it into lee waters of the state: des tied,the de Y Operates as t2060 alto 103 0676 However,it the provided In as
charge will reduce the quality of the receiving waters ungq pertinent snail issw a permit fa to render a deparlmerilltl
below the classification established la them.it shall 5 Try denial calr shitemp upon operation permit would ton of the system opera- permitting decision wuhn try time a
deer the appkcalon and refuse to issue a permit II the work an extreme hardship upon The applicant. 'raw.-.3.n It in by 40 C F R.part 123.subpar)C.or a Memorandum of
department Inds that the proposed discharge will 6 The granting ofre t temporary operation permit will Agreement exbypertinent and the U.S
rot be in the9r executed the de
reduce the quality of the receivingwaters below The public interest.a IOJ.oses Esteblbhment of federally• Environmental Protection
7 The dischargewill not be unreasonablydestiuc stale National Pollutant approved Agency, der whichever is stiorlait
classification established for them.it may issue an open quality Olathsrpa ENmYtatlem System Ins l requiring
may apply for an order from the cmcuu
five to the uatit of the rece waters (NPDES)program.— court a specifiedfi the department to render a decision
ation print d d finds that such degradation is necessary (d) A temporary operation permit issued shall pubic
The Legislature finds and ve an declares that n is g the within a applicant
time
or desirable areal federal standards and under arcum I Spathe The manner, nature,volume, and ha pubio interest to
stances which are cbarry in the public Interest promotefeffective and efficient regula (5) The department shall respond,in writing,to any
twentcy of try discharge permitted:
lion of the dischargepollutants written CornmBnls on a
Icl A perm)shall 2slate and eliminate of In 0) into wafers of the pending application receives
fora stale
I Specify Require the Proper operation and maintenance dduplication of permitting programs NPDES r which the
Dec'y the maser,nature. volume,and Ire- an ntenm or temporarybythepe mill r pre mfdepartment receives Iron the
Y' Ihepollution abatement ion lily ne U.S Environmental Protection Agency orders Executive Fish Commission,or his desighee,of the Game and
Q.x2 ncY of the discharge permitted system required by the department as a condition tit me 402 d the Clean Water Act,Pup L No 9?-S170, as Fraen Water Fish or the pre
Require proper operation and maintenance of permit, amended,33 U S.C.s 1251 eloral Resources,ort matters with.the commenting age..
any poaut.on abatement facility by Qualitied personnel in r to.and the department
nt of Nai-
3 Require Try permnriolder to maintain such mxx under this chapter.11 is further found that stale ample cy's jurisdiction a on The department's response shall not
sccadance prim standards established by the depart toting equipment and make and file such records and mire for legislative the federal NPDE$ constitute 9 tic
rr•erit reports as the denecessary time for program,with sufficient 9e Y action for purposes of s. 120 57 or
por pertinent deemsto ensure revision prior 10 The department,
other prove in as chapter 120.
3 Contain such additional conditions.require- compliance with the terms of the permit and to evaluate of the stale NPDES permit program by the deparimynt, �r7`"as-'110
meriIs and restrictions as the department deems nec the effect of the discharge upon the receiving waters. would promote !he orderly establishment of a state 403.0191 Stele,regional,and Beal atomnweler
essary to preserve arid protect the qualify of the mum, 1 Be valid only la the period of lime necessary IN admmstered NPDES program It is the specific intent of ma
I
irng waters,and the permit holder to place into operation the fatally,systment
the Legislature trial permit lees Charged by the depart- s management plans and pograrme•—The de r
P the water management diSlrio l9.and local governments
rent!
1614
16'5
Lri.403 ENVIRONMENTAL CONTROL F.S.1991 P. tall 1NVIRONM9NIAL CONTROL _ Ck
.403
shall have the resp.xis,h,l,ly Ill the development of a other parties,en IMttiest the results also shall to 1 A hazardous wills generate, bane orlee, or ----
uuluauy pumPalµde sew mwdsl management pro used in Ihe devekopnent of the goals developed Wrsu facility a other se a wafer conl8mirenl source, Idl Upon axamihehon of the cause exists
and pro01s
grams and to subsections(1)and(2)
2 A disCnerger,includinganysubmitted and if satisfied that exists for the hum.
i 1 t The department shall include goals in the state- ''s c 0'e•12`"w 79 Charger which introduces any pdlulanl nto a she tlls (rig of the inspect lm warrant,Ihe lodge shall(hereupon
pope,maraperrw o nl Slamwal �• owned treatment works, pudidy. isew•warrant,signed by him with the name of his
wader rx"-v"the 403.0993 Stennwabr *bawled funds la
1l 1 I•r-h wafer nararMre,u dish,I ti+*Mich Ira q' 3 Any IaCNt as defined in s 376.301,a office,ftt any the re meal representative,which warrant
atormwater management--in addition to any other y' will authorize the representative forthwith to in
slalom s sttemwaler management program is delegated tund,ng mechanism legally available to local govern 4 A resource recovery and rtlehegemlent facility properly described in the warrant fpect the
shall establish district and *liare apV+uprWe,water ment to construct.operate,a maintain Normwater sys is located Or is beingconstructed installed or where saniiey„cx via im .»,"an isq•pis 55 lie•"w q r•tsr c"
a •
shed drainage basin slamwater management goats or
whin are consistent with the goals adopted by the slate lams,a county or municipality may records which are required under this crispier, ss
and with plans adopted pursuant to ss 773 slate
t- (1) Create One or more stormwater utildreS and 37630-376.319.or department rule are kept 403.092 ►sake a sewage treatment facilities.
adopl slamwater utility fees sufficient to plan.con (b) Any duly authorized representative
373 4595 the Surface Water Improvement and Manage dCopymay at yea lion
S then.p The Department of o n conduct regular al Regina
mem Act stiucl,operate.and mainlaii�, mwatneea� s pr t required
bones have access to and copy any records Iran shell implement a program to and
1 3ha1 Each local government regnv ed by chaplwr set Out in the local am r re aired under this chapter a ss 37630-376 3t9. continwrp mapecllon of package sewage treatment
Itll h+submit a tvm+prer+ensive Wan.*nose dams sub to s systems40 o69y3). for path any rrnordainp equipment or method,sample facilities.To the greatest extent possible consistent with
mated finer,airy 1,Tireh the when updated (2) Establish and set aside,as a continuing source any pollutants as defined in s 376.301,e111Wnts,a the atublbs and Me financial resources of local govem
alley July 1,holy ire t92 d and the othl others of ifs starmwMer of revenue.otter funds sulticlent to plan.construct. wastes which the owner or Operator of such source may merits,the inspection ram
management program described by elements within its operate,and rtamtam slamwater management sys b discharging or which may otherwise be located on or focal goverrurents. pro9 shall dalepated to
lams Set out to the local program required pursuant to underlying the owner's oroperator's
comprehensivep pan shah consider slate wafer policy, obtain anynproperly;and s.-•a.,*oaro
- district stormwater management goals.plans approved s a03 p691(3).« other permit
necessary to determine
Pursuant to the Surface wafer Improv,menl and once (3) Create,alone or in cooperation with counties compliance with permit conditions or other require- ea00•t01 Cl ater p tlpl and ra01d•IIOn W
a gempnl Act. ss 373 a$1 373 a595. and technical rnurecipahles.and special districts pursuant to the Inter meths of this chapter./s.37630-376319.or depart- alatalor/Wwts p"""""'ten
localmerit rules tresbrlsrn Pete and waaNwatar
assrsunce information Cooperation Acl,s 163 Ot,one or more slamwater
provided by the water manage c Wins.—
_ meal districts pursuant to s by 1 management system benefit areas.All property owners ( ) No person shall refuse reasonable entrye or ( The minart sources,
rule,may classify se and
governments are encpnaged to consult' within sad area may be assessed a per acreage fee 10 access to any zed represented..d the depart. water coy causecoolri which sources in d/NOp.
tot l nalfund the planning,construction.o oration,meanie menl who requests entryfor
with the water management districts,the Department 01 Mne,and admix 9 Instil+or a bfic slamwalm nun who presents a Purposes of inspection and mere may cause or Conlhtwla to air or water pollution.
I iangxii ales. and the department t+nlive adiprtirnp« son Obstruct,h appropriate credentials,nor shall any per according to levels and types of emissions and other
updating smew
tun local the n amref i Cal+tie r Carve pan On agemenl system 1«Ihe benefited area Any benefit area hamper,or interfere with any such inspececeimay r wfich relate 10 Ws.or water pollution.classes,and
pudic lacailes report asgovernment
required by s 169 sire watch containing dilterent land uses which receive subslan are Iron ort,The or owner operator of the premises shalt receive Clay require repalxlg for any such class a
ever is appcabb Malty different levels of stormwate benefits shall include relateto compliance req sled,salting forth all laces found mach marts to(ail l made pursuant state
to this sec may be
till The icable Department d Transportation shed inventory stoemwater management system benefit subareas (2) M inspection statue. made la area of the to the state as a whole a to any
and map primary slamwater management systems which shall be assessed different per acreage lees Iron spec on pursuant to subsection(1)may be tlesigheled area state,and spas be made with
c(Y+slrycltW.operated.or maintained by the Depart subarea to subarea based uponconducted altar.
a reasonable relation (a) Cons nl for the inspectionspecial reference to physical effects on property and
rtsen1 of Dan !awn in each wafer management dill snip to benefits received.The lees shall be CakulNed Oda) OOnSent or is received from the effects on health,economic,
10 nerale sufficient funds toplan,construct.operale. person in charge,or has. social.and liorel lac
Pict The inventory Small include avaiiaDle design ceko9e (b) Theappropriate
ar,or+s c«ddil+s,capacity.photographic and drainage and maintain slamwater management systems caned in this sectionisobned inspection warrant as provided (2) Any person operating,or responsible to the
maps and olier pertinent mlamation and shall be sub- for in the local program required Pursuant to s operation of,so or water contaminant sources of any
mined to the water management drshrct In which the aQ3 0691(3)For fees assessed pursuant to this section. chaPxer may be Issued aerenl as authorized by This Class to whoCA the rules of the department require
syslem is located b Jul 1.1993 However,c lion counties or monicipaliles may use the non-ad valorem by loops of any courtly court reporting shall make reports containingosiz illamali as
Y r ornpeor place court of this stale which has urisdklion of the maybe
of torn the inventory and the mapping effort shall be by bpi.collection.and enforcement method as provided or ihrng to be searched I required concerning 10Calion,Size.and height of
July I lrtgl I«systems which attract designated Win 1«in chapter 197contaminant outlets,
ID) Upon proper pocesses employed,fuels used,
+e•n.r. .is a as+w.>,a r znalldavor being made,an Inspection and the other
and Ilene period or duration of em„stofer
ay water bodies ureter ss 373 aS 1 373 4595.the Six warrant may be issued under the provisions of thus chap- and such other nformation as is relevant to ur and water
tare Wale.xnprovemem and Manegwrnenl Ad The 403.011911 T end assistance far atarmyrittar ler a as.376.30-376 3t9-
Dewrtment of Transportation shall submit an annual management system personnel—The Slormwarer 1. When it appearsPOIWhon and available or reasonably capable of being
lie y p that the properties Io be assembled.
,ep"ll of progress on the manning effort to the Depart Management Assistance Consortium of the Stale lino inspected may be connected with or contain evdence (3) The department is authorized to establish gualdp
menr of Environmental elemal Reguiali«+ versify System,waking m cooperation with the comma of the violation of any of the provisions of this chapter cations to,and to examine and certd wafer and waste
i51 fine department. coordination and cooperelion 1 collegese m the state,coo interested accreditedf private or ss 376.30-376.319 or anyrule properly
with wale, management dstrkts and local govern- ^'Y pope y prornWgaletl *slat suspend operatorplant Y.
cob s and universities.the department.the water
thereunder;a operators:to Issue,deny,revoke.
menls shall conduct a continuing review of the costs of management districts.and local governments,shall 2. When the inspection sought is an Integral part of and and er 12Q to charge a(tee not cees r mu exxc to its ess of rules
slnrmwaten management systems and the effect on develop training and assistance programs for persons i a larger schemed systematic routine inspections which fa charge
s to an aPdreatlon for certification;and�lp water quality and quantity,and tisn and wrldkte values responsible for desigrnng,building,inspecting.a opal are necessary to,and consistent with,the continutnp charge•fee not in excess of f50 for renewal Candice.
• fine department the water management dslnkls,and Slung and maintaining stormwater management sys efforts of the department to ensure compliance wroth the Iron In asseasong fees authorized by this subsofea ction,the
local governments shall use the review fur panrwg pm tams Provisans of this chapter or as 376.30-376.319 and an
Y de
• partment rtment Is directed to adjust the lees as needed
(x+c and Iw(an calabash prxlilMS forwafequrue irx
and ,rr .v."w piti rules adopted thereunder within the•sleamfhetl limits to ensure that generatedsl.v mwNax management sustains which requn better ( ) The lodge shall,before issuing the warrant,have revenues from the Certihcetion program will equal or
management and treatment of slamwater with enpta 403.091 Inspections.— the application for the warrant duly swan 10 and sub. exceed Ihe cost of operation Certificate renewal shall
s the costs and benefits of needed improvements Ilya) Any duly authorized representative o1 the
s onscribed by a representative of the department,
to itprmwalei management systems to better meet department may at any reasonable time enter andmay receive further testimonyfrom witnesses. aril he be biennial from the daleof renewals the e loot rer This
nwpas la hood protection and prole,:lion d water goal inspect,la Ihe purpose d ascertaining the slate of can ay affidawis,or de suplwrl lively on On the liming of applies both retno•c
lu and bsn and wi1di10 values cent-
nuance with Ine law or rules and ue Welons of Incpositions in furthwritiner
proof,to milhsupport the busty and not t prospectively to all operators,whenever Cerb-
D9 a required,
shall The affidavit and further it had a lied A lee not to exceed SS may be charged Ill me 1 re Ibl fine results of the review shall be maintained by department,any properly,premises.or pace.except a required, set lath the facts lentlirng to ealadiah the ante of a duplicate Certificate Such fees shall be rnalre the decrartm+enI and the water management districts building which is used exclusively for a private rest grounds spectfed in paragraph and
Shah be provided to ap
propriate local governments dance.on or at wh,cn
by ISO Debeving Trial such grounds b)or the reasons for le.Renewals of certification issued as requested
by the applicant pursuant to this section, shall be
1616 1617
i
Et+J o resit A'T
Loxahatchee River Environmental Control DistricQ ��' •�1
j
2500 JUPITER PAHti UHIVE •JLP'TEH FLORIDA 33458 89b1 \\
1EL 1407) 747.5700 ADM & ENG •(407) 747 5709 OPERA1iON5 L ' % ,y ___. •.4..ems., ^�
FAX(407) 747 9929 044 J
a NO111 �F 1 6tid ,��y-
V0 q kc7 197) L�
11(4.19/9
N,e1 ce 9,�A `� RiCHARD C DENT
OFF/`FRS . E.ECUTIVE DIRECTOR
November 5 , 1993 CE \��
Mr . Tom Bradford
Village Manager
Village of Tequesta
357 Tequesta Drive
Tequesta, FL 33469
Subject: Loxahatchee River - Stormwater Rule
Dear Mr. Bradford:
The enclosed draft of the District' s new draft Stormwater Rule
is provided for your review and comment. At the suggestion of
the Citizens Advisory Committee, we now call it a "River
Enhancement Rule" and we think this rule does a much better job
of meeting the pollution prevention objectives while
accommodating the activities of various local entities involved
with stormwater.
In addition to the citizens group, we received much guidance
from the Governmental and Technical Advisory Committees and,
recent discussions with the Town of Jupiter and other
governments have been helpful in drafting this new rule. We
believe that this rule resolves the rural vs. urban
differences by modifying the boundaries; more fully recognize
and respects the role now played by other governments; offers
better opportunities for coordinated management of stormwater
within a common watershed; scales back the role which this
District sees itself performing; and provides the framework for
a comprehensive financial structure which offers a tiered format
and a local option feature.
We are soliciting your further participation by attending a
Governmental Advisory Committee/Governing Board Workshop on
December 2nd, at 7 :00 PM at the District offices. Given a
consensus to proceed, we will schedule a Public Hearing, and
subsequent Board action in mid-December or January.
SAWYER THOMPSON,JR. JOE ELLIS GEORGE G.GENTILE DR.MATT ROSTOCK WILLIAM B.O'DONNELL
BOARD MEMBER BOARD MEMBER CHAIRMAN BOARD MEMBER BOARD MEMBER
Page Two
Mr . Bradford
Please review the draft document and give me a call with any
questions or concerns which may develop.
Sincerely,
Clinton R.
Deputy Direter'e;
or
CRY/ks
Encl
• v
LRD\STORMMGT\RULES\RIV-ENH.RUL\10-12-93
PRilloiNARY
, ,fk
CHAPTER 31-16
RIVER ENHANCEMENT
31-16. 001 Findings and Purposes.
31-16 . 002 River Enhancement Program.
31-16. 003 River Enhancement Fees; Classification and
Criteria; Collection; Accountability.
31-16.001 Findings and Purposes.
The Loxahatchee River has great environmental and historical
significance for the communities and citizens on its shores, as
well as to the people of the State of Florida. The Loxahatchee
River is a valuable natural resource worthy of protection and
enhancement.
- The Governing Board ( "Governing Board" ) of the Loxahatchee
River Environmental Control District ( "District" ) in seeking to
protect and enhance the Loxahatchee River ( "River" ) , has obtained
the advice and recommendations of its neighboring government
officials, citizens living near the River, professional persons
with technical expertise in water quality and surface water
management, and Consulting Professionals.
The neighboring government officials composed the Stormwater
Advisory Committee of 1992, which recommended the District should
1
undertake the role of facilitator and planner to coordinate the
formation of a Loxahatchee River Basin Stormwater Management Plan,
and that implementation of such a Plan should be by the most local
form of government willing to undertake such responsibilities.
Individual citizens from different walks of life, all of whom
live within the Loxahatachee River basin, composed the Citizens
Advisory Committee of 1992 . Their findings and recommendations are
as follows: That pollution prevention and river enhancement should
be the objectives of the District's efforts . That the public wants
the Loxahatchee River protected, and that the District is the
organization chartered to protect the River. That the District is
the only government agency whose enabling legislation has as its
primary purpose to protect the River basin ( "Watershed" ) . That
public education and information is needed on many levels to inform
and educate the public to the environmental condition of the
Loxahatachee River system. That there are three major threats to
water quality in the Loxahatchee River: stormwater discharges,
septic tank discharges, and point source discharges. That the best
approach to managing stormwater is a three tiered approach,
beginning first with planning, monitoring, inspection, mapping,
information gathering and public education, to be followed secondly
by operation and maintenance activities, with the third tier being
retro-fitting or construction of capital improvements. That the
eastern and western portions of the Loxahatchee River basin are
significantly different with respect to stormwater. That by
working with other units of government in the River Watershed, the
2
District is the logical entity to provide the most cost effective
management of stormwater. That there are costs to protect the
River, and a tiered approach in the eastern urbanized portion of
the Watershed can provide needed services at the lowest possible
cost. That the District should work with other government entities
to provide a coordinated approach to understand options and
opportunities in the western ruralized portion of the River basin.
That the District continue its water quality monitoring program and
emerge as the coordinator of all information relating to the
environmental condition of the Loxahatchee River Watershed.
The professional persons with technical expertise in water
quality and surface water management composed the Technical
Advisory Committee of 1992 . The Technical Advisory Committee
findings and recommendations are as follows: That the Loxahatachee
River is afforded the highest level of protection available through
State and Federal classifications under the following six State and
Federal classifications and designations: NATIONAL WILD AND
SCENIC, AQUATIC PRESERVE, OUTSTANDING FLORIDA WATER, MANATEE
PROTECTION AREA, CLASS I PUBLIC WATER SUPPLY, AND CLASS II
POTENTIAL SHELLFISH HARVESTING AREA. That the Loxahatchee River
does not always meet all the State water quality standards, nor
always meet the established water quality targets. That stormwater
is a threat to the water quality of the Loxahatchee River and
associated water bodies. That although a substantial amount of
usable water quality data has been collected historically, and
consolidated into a manageable database system, that there exists
3
a need for the continuation of water quality monitoring within the
Loxahatchee River basin. That the District should maintain and
enhance its present water quality monitoring network and coordinate
all future monitoring efforts undertaken within the Loxahatchee
River system.
The District has retained Consulting Professionals in
connection with scientific investigations and studies to help
determine that the River needs protection and enhancement.
"Consulting Professionals" means a qualified professional or firm
of professionals licensed in the State of Florida as defined in
403. 0877 , Florida Statutes, as amended, and retained by the
District to perform the acts and carry out the duties relating to
the River Enhancement Program, as required by the District.
The Governing Board finds in order to enhance the Loxahatchee
River, and to fulfill the mandate from the Loxahatchee River
Environmental Control Act, Chapter 71-822 Special Acts of Florida,
1971, as amended ( "Act" ) , that the District provide for a River
Enhancement Program, coordination between local governments and the
role of facilitator; and provide for greater accountability as to
the ownership, operation and maintenance of the many Systems
effecting the River basin.
"System" or "Systems" mean the stormwater facilities which are
implemented to control discharges which are necessitated by
rainfall events, incorporating methods to collect, convey, store,
absorb, inhibit, treat, use, or reuse water to prevent or reduce
over drainage, environmental degradation, flooding and water
4
pollution or otherwise affect the quantity and quality of
discharges from the System into the Loxahatchee River basin.
The District, in accordance with the findings and
recommendations of the Stormwater Advisory Committee, Citizens
Advisory Committee, Technical Advisory Committee, and the
Consulting Professionals, declares for the benefit of all the
people of Florida, its purpose in developing a River Enhancement
Program.
Specific Authority Chapter 71-822 Special Acts of
Florida, 1971 , as amended. Law Implemented, Chapter 71-822, as
amended, Section 2, Sections 5 (2) , 5 ( 6 ) , 6 ( 1) , 6 (2 ) , 6 (3) , 6(4 ) ,
6 (5) , 6( 6 ) , 6 (9) , 6 ( 11) , 6 ( 16) , 6 ( 17 ) , 6 ( 18) , 6( 19) , 6 (20) , 6(21) ,
6 (22 ) , 6 (23) , and Sections 10, 12 , 14 . History--New
31-16.002 River Enhancement Program.
( 1 ) Pursuant to the mandate in the Act, the District hereby
implements the River Enhancement Program with elements set forth
herein. The theme of the Program is to keep the River clean and
provide coordination to assist other local governments and owners
of Systems in order for the Program purposes to be accomplished by
the most local form of governance. The Program will be conducted
in coordination and cooperation with such other governments,
owners, and operators of Systems in the District.
(2 ) Water Quality Monitoring - Provide continuous monitoring
of the Loxahatchee River and discharges into the Loxahatchee River
Watershed under the unified management of a District-wide system
for the purpose of, among other things, reducing or controlling
5
erosion, sedimentation and turbidity, the excessive introduction of
oxygen demanding substances, nutrients, harmful bacteria, toxics,
and other pollution of water, danger and damage to life and
property, and to protect and encourage the use of efficient natural
and man-made means to these ends, and report and disseminate the
results. The Water Quality Monitoring by the District shall not
automatically relieve any other government agency in the District
from its requirements for water quality monitoring, unless
specifically agreed to by said agency and the District.
( 3) Planning - To provide a uniform River Enhancement Program
for the Loxahatchee River Basin as a means of complying with
Federal, State and local mandated goals and priorities, to
facilitate the implementation of a River Enhancement Program and
provide for the current and future needs of the District with
respect to pollutant discharge elimination systems within the
geographical boundaries of the District.
(4 ) Mapping - To provide inventory and geographic
representation of all stormwater System features and facilities
relating thereto in the District, which exist now and in the
future, including but not limited to such storm sewers, drains,
culverts, retention systems, detention basins, desilting
facilities, recharging basins, outfall structures, equipment, and
all appurtenances, whether man-made or natural, necessary, useful,
or convenient for a unified stormwater management system; and
inventory of associated land use activities.
6
( 5) Compliance Programs - That the District be able to assist
in the planning, permitting, management, monitoring, and other
field services under local, regional, state, and federal programs,
including the National Pollutant Discharge Elimination System
( "NPDES" ) Program, under Section 403 .4885, Florida Statutes, as
amended, and the United States Environmental Protection Agency.
( 6) Operation and Maintenance - To identify the owners and
operators of the various Systems . To assure that all public and
private Systems have owners, and that all owners have operators
implementing a program of operation and maintenance. The District,
through its Consulting Professionals, finds that the operation and
maintenance is being done inconsistently, while in some areas the
operation and maintenance is being done well. In areas that are
found needing assistance with operation and maintenance, the
District will endeavor to educate and assist the owner and operator
in order for there be better operation and maintenance. If the
operation and maintenance is not being done as well as it could be
because of insufficient funding, the District will seek to
facilitate that funding is available to all owners and operators
needing funding for operation and maintenance. The District may
also cooperatively help with operations and maintenance. As to
owners, that, after education, cooperative help with operations,
maintenance, and funding, find the owner conducted operation and
maintenance too burdensome, said owner may voluntarily give the
System to the District provided the District accepts said System,
whereby the District will own and operate the System.
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( 7 ) Construction - To help coordinate and provide guidelines
for construction practices, with specific provision for future
operation and maintenance activities. The primary responsibility
for the design, permitting, and construction of new Systems is with
existing owners. Funding for construction is still the
responsibility of the owners. The District may provide a funding
mechanism and/or perform capital, renewal, or retrofit facilities
in situations where needed and not otherwise provided for.
(8) Inspection - To assess conformance that Systems have been
constructed in accordance with its design and permits issued by the
proper regulatory authorities, as well as to assess the maintenance
condition and operational effectiveness of the existing Systems.
When Systems are found to be non-conforming with regard to the
permit conditions for construction or operation, the District will
work with the owner of the System and the appropriate regulatory
authority to facilitate needed improvements.
(9) Public Education - To provide a public education program
and coordinate with other stormwater management entities. To
provide means whereby the District encourages, supports, and
conducts research to improve stormwater Systems. To provide a
forum for periodic meetings of all public and private sector owners
and operators of Systems in order to better coordinate and
facilitate the River Enhancement Program.
( 10) Interlocal Agreements - To work with and coordinate with
the various other government agencies, their rules and regulations
to dovetail with the River Enhancement Program of the District.
8
Specific Authority Chapter 71-822 Special Acts of
Florida, 1971, as amended. Law Implemented, Chapter 71-822, as
amended, Sections 2 , 6 ( 1 ) , 6 (2 ) , 6 ( 3) , 6 (4 ) , 6 (5) , 6 (6) , 6(7 ) ,
6 ( 9 ) , 6 ( 10 ) , 6 ( 11) , 6 ( 12 ) , 6 ( 13 ) , 6 ( 17 ) , 6 ( 18) , 6 ( 19 ) , 6 (20) ,
6 ( 21) , 6 ( 23) , 6 (24 ) , 6 (25) , 6 (27) and Sections 8, 9, 10, 12, and
14 . History -- New
31-16 . 003 River Enhancement Fees; Classification and
Criteria; Collection; Accountability.
( 1 ) Definitions: The following words, when used herein,
shall have the meanings indicated, unless the context indicates
otherwise:
(a) "Boundary Area" shall mean all property in the
District east of Interstate 95 (I-95) .
(b) "ERU" shall mean Equivalent Residential Unit which
is determined by the Governing Board of the District to be the
standard unit of measurement for implementation of this Rule. An
ERU is numerically equivalent to 2,844 square feet of Impervious
Area, as determined by statistical analysis of the single family
residential parcels in the District.
(c) "Exempt Property" shall mean that property which is
determined by the Governing Board to be exempt from the payment of
the River Enhancement Fees, or constitutionally or statutorily
exempt from imposition of same.
(d) "Impervious Area" shall mean an area which either
prevents or retards the entry of water into the soil mantle.
Common Impervious Areas include, but are not limited to, rooftops,
9
sidewalks, walkways, patio areas, driveways, parking lots, storage
areas and other surfaces which similarly impact infiltration and
runoff.
(e) "Non-Residential Property" shall mean any improved
land which does not have as its principal use a place of residence
and is not classified as residential by the Palm Beach County
Property Appraiser.
(f) "River Enhancement Fees" shall mean the non-ad
valorem fees and/or charges and/or costs imposed by the District
pursuant to this Rule and the Act, as amended and supplemented.
(g) "Unimproved Land" shall mean land that does not have
any Impervious Area within its boundary.
(2) The Exempt Property shall be those properties determined
by the District to meet any one of the following classifications:
(a) used solely for agricultural purposes, or
(b) Unimproved Land, or
(c) west of Interstate I-95 (not in the Boundary Area) ,
or
(d) within the boundaries of Jonathan Dickinson State
Park.
(3) For purposes of imposing the River Enhancement Fees, all
properties, other than Exempt Property, shall be given an
appropriate classification. The schedule of classifications is:
(a) Single Family Residential, further classified by
Total Impervious Areas ( "TIA" ) as:
( 1) Small (less than 2, 100 sq. ft. TIA) - 0.6 ERU
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(2 ) Medium (2 , 100-3 , 100 sq. ft . TIA) - 1 . 0 ERU
( 3) Large (greater than 3, 100 sq. ft. TIA) - 1.4
ERU
(b) Multi-Family Residential including condominiums,
townhouses, mobile home lots, recreational vehicle
lots, and apartments 0. 6 ERU.
(c) Non-Residential Improved Property shall have the
number of ERUs determined by the formula of the TIA
sq. ft. divided by the numerical equivalent of an
ERU of 2 , 844 sq. ft.
(4 ) The rate for the "District-wide Responsibilities" which
are the basic River Enhancement Services provided by the District
of monitoring, planning, mapping, inspection, and public education,
is $1.00 per ERU per month.
(5) The primary responsibility for funding operation and
maintenance services is with the owners and operators of Systems.
Where the District can assist with the funding for operation and
maintenance, the District is authorized to collect an operation and
maintenance fee not to exceed $2 .50 per ERU per month. It is not
the intention of this operation and maintenance rate to restrict
any party from operating and maintaining its System, or charging to
its constituents a fee greater than the operation and maintenance
fee of the District.
(6) The primary decision for funding for construction and
major rehabilitation of Systems is up to the owners and operators
thereof. If the owners and operators desire the assistance of the
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District, the District may collect a River Enhancement Construction
Fee as to the cost, design, construction, and major rehabilitation
of stormwater management facilities, administrative costs, and
related expenses where the District designs, constructs, or
contracts for the construction of such Systems. The River
Enhancement Construction Fee is not yet authorized, but may be
considered by the Governing Board as the needs arise in the future,
and at that time will be determined by subsequent Rule of the
District. It is not the intention of this Rule to restrict any
party from designing, providing the funding for, and/or
constructing Systems.
(7 ) Interlocal Agreements to Share Fees - If another local
government agency seeks the assistance of the District in
connection with collecting and/or utilizing the operation and
maintenance fee, such arrangements may be agreed to by Interlocal
Agreement between the District and the other local government
agency.
- (8) Adjustments/Appeals - Any customer or property owner who
feels that the River Enhancement Fees for his property have been
assigned or computed incorrectly may petition in writing to the
Executive Director of the District, or designee, for a review of
said fee. If not satisfied with the determination of the Executive
Director or designee, the petitioner may request a hearing before
the Governing Board, whose decision shall be final.
(9) Method of Collection - The method of collection of the
River Enhancement Fees include collection by the District, by
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Interlocal Agreement with other local government agencies, by the
County Property Appraiser's Office under Section 197 . 3632, Florida
Statutes, or by a combination of the above, or by such other
methods that the Governing Board determines are fair and
reasonable. River Enhancement Fees not paid for thirty (30) days
after when due are in default. The property owner and user shall
be jointly and severally liable to the District. The remedies of
the District as set forth in the District's Rules and the Act, as
to the collection of amounts due the District, shall apply to this
Rule.
( 10) Flood Prevention - Floods from storm events may
occasionally occur which exceed the capacity of the Systems or
other stormwater management system facilities which are operated,
maintained, or constructed by funds made available under this Rule.
This Rule shall not be construed or interpreted to mean that
property subject to the River Enhancement Fees established herein
will always (or at any time) be free from storm event flooding or
flood damage or that Systems capable of handling all storm events
can be cost-effectively operated, maintained or constructed. This
Rule does not create any liability on the part of, or cause of
action against, the District, or any official or employee thereof,
for any flood damage that may result from such storms or the runoff
thereof. This Rule does not purport to reduce the need or the
necessity for individual property owners, operators, and users
obtaining flood insurance.
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( 11 ) Accountability - The Loxahatchee River can be enhanced to
the extent the owners, operators, and users of Systems are
accountable in the construction, operation, and maintenance of
their Systems. The District seeks to educate, coordinate, and
facilitate the River Enhancement Program, and where necessary
assist with the operation, maintenance, and construction of
Systems. If there is not accountability for a System, the District
may take such remedial measures authorized by law, the District 's
Rules, or the Act in order to preserve, keep and enhance one of
Florida's most valuable natural resources, the Loxahatchee River.
Specific Authority Chapter 71-822 Special Acts of Florida,
1971, as amended. Law Implemented, Chapter 71-822, as amended,
Sections 2 , 5 (6 ) , 5 (8 ) , 6 ( 1 ) , 6(2 ) , 6 (4 ) , 6 (5) , 6 (6) , 6 (7 ) , 6 (8 ) ,
6 (9) , 6 ( 10) , 6 ( 11) , 6 ( 12 ) , 6 ( 13) , 6 ( 14) , 6( 15) , 6 ( 16) , 6( 17 ) ,
6 ( 18 ) , 6 ( 19) , 6 (20) , 6 (22 ) , 6 (23) , 6 (24 ) , 6 (25) , 6(27) and Section
8, 9, 10, 12, 14 , 15, and 16. History--New
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