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VILLAGE OF
MEMORANDUM
TEQUESTA
April 2, 1998
To: Thomas G. Bradford, Village Manager
From: Allan Oslund, Coordinator Storm Water Utile./ Capital Projectsc
CC: Gary Preston, Director of Public Works
Subject: Revision to Stormwater Utility Code Of Ordinances
Enclosed please find the proposed revised Code for section 19 Stormwater Utility
as prepared by Mr. John C. Randolph (Esc.) Village Attorney. I would request this be
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placed on the April 9th, 1998 Village Council agenda for First Reading.
This Code revision is necessary to bring the Village in compliance with our
NPDES permit. Additionally in May of 1993, the Village submitted it's MS4 permit
application to the Environmental Protection Agency (EPA),National Pollutant Discharge
Elimination System (NPDES) wherein the EPA's response to the part 1 permit
application noted that the existing legal Authority for each of Palm Beach County
Co-Applicants is inadequate to Meet the Part 2 Permit Application requirements. In order
to provide adequate legal authority within the Village boundaries, the Village stated it
would prepare and adopt an Ordinance, such as this one submitted,prior to August 1993,
this did not occur. I have discussed this oversight with Gary Preston and Gee & Jenson
(Village Engineers) and can not determine why this did not occur. Non the less in order
for the Village to be in compliance the our existing EPA/NPDES permit it is critical to
consider adopting this revision prior to my submitting our First Annual Report in April,
1998.
The EPA asked that each applicant demonstrate through legal authority
established by statute, ordinance or a series of contracts which authorizes the Village at a
minimum to :
(A) Control through ordinance, permit, contract, order or similar means,the
contribution of pollutants to the municipal storm sewer by storm water
discharges associated with industrial activity and the quality of storm water
discharged from sites of industrial activity.
(B) Prohibit through ordinance, order or similar means, illicit discharges to the
municipal separate storm sewer.
(C) Control through ordinance, order or similar means the discharge to a
municipal separate storm sewer of spills, dumping or disposal of materials
other than storm water.
VILLAGE OF MEMORANDUM
TEQUESTA
(D) Control through interagency agreements among Co-Applicants the
contribution of pollutants from one portion of the municipal system to another
portion of the municipal system.
(E) Require compliance with conditions in ordinances, permits, contracts or
orders.
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(F) Carry out all inspections, surveillance and monitoring procedures necessary
to determine compliance and noncompliance with permit conditions including
the prohibition of illicit discharges to the municipal separate storm sewer
system.
I believe the proposed Ordinance revision addresses all of the above concerns and
I would recommend adoption.
Should you have any questions regarding this please contact me prior to 5:00 P.M.
April 3, 1998 , In my absence please contact Mr. Gary Preston.
;a OAPPRR 02 '98 01:45PM JONES FOSTER JOHNSTON & STUBBS P.1/6
FOSTER Flagler Center Tower,Suice 1100 Mailing Address
JOHNSTON 505 South Flagler lDrivc Post Office Box 3475
JQ� ST r BI S 17 A West Palm Beach,Florida 33401 West Palm Beach.Florida 3:1402-3475
C7� 1 VDD�71 1 C1. Telephone(561)659-3000 Facsimile(561)832-1454
Attorneys and Counselors
John C.Randolph,Esq.
Direct Dial: (561)650-0458
E-mail:jrandolph@jones-foster.com
April 2, 1998 VIA FAX: 575-6245
Mr. Allan Oslund
Village of Tequesta
Post Office Box 3273
Tequesta, Florida 33469-0273
RE: Village of Tequesta
Stoimwater Control-NPDES Ordinance
Our File No. 13153,1
Dear Al:
This is in response to your letter of March 23, 1998,in which you asked for a draft ordinance relating
to stormwater control, Included herein is a draft of that ordinance which I would suggest go in
Chapter 19 of the Village Code of Ordinances.
If you have any questions or comments in regard to this matter,please contact me.
Sincerely,
JONES, FOSTER,JOHNSTON & STUBBS,P.A.
Jo C. Randolph
JCR/ssm
Enclosure
APR 02 '98 01:45PM JONES FOSTER JOHNSTON & STUBBS P.2/6
ORDINANCE NO.
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,FLORIDA,
AMENDING CHAPTER 19 OF THE VILLAGE CODE OF
ORDINANCES RELATING TO STORMWATER UTILITY SO AS
TO PROVIDE A NEW ARTICLE RELATING TO STORMWATER
CONTROL;PROVIDING FOR DEFINITIONS;PROVIDING FOR
PROHIBITIONS;PROVIDING FOR EXEMPTIONS;PROVIDING
FOR INSPECTIONS AND MONITORING; PROVIDING FOR
ENFORCEMENT; PROVIDING FOR SEVERA.BILITY;
PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT;
PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Federal Clean Water Act (33 U.S.C. 1251 et seq.), as implemented by
regulations of the U.S.Environmental Protection Agency adopted November 16, 1990(40 CFR Par
122),makes necessary the adoption of local ordinance provisions relating to the Stormwater System;
and
WHEREAS,the Village is seeking to comply with all provisions of federal and state law.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA,AS FOLLOWS:
Section 1. Chapter 19 of the Village Code of Ordinances relating to Stormwater Utility
is hereby amended to include a new Article to read as follows:
"Sec. 1. PURPOSE AND INTENT.
(a) This ordinance shall be known as the "Village of Tequesta Stormwater
Control Ordinance". •
(b) Purpose and Intent. The purpose of this ordinance is to promote the health,
safety and general welfare of the inhabitants of the Village of Tequesta. This
ordinance is intended to comply with federal and state law and regulations regarding
water quality.
Sec. 2. DEFINITIONS.
(a) Authorized Official. Any employee or agent of the Village authorized in
writing by the Director to administer or enforce the provisions of this ordinance.
(b) Director. Any person so designated by the Stormwater Utility Board.
APR 02 '98 01:46PM JONES FOSTER JOHNSTON & STUBBS P.3/6
(c) Discharge. Any direct or indirect 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 122.26(a)(14)
of regulations of the U.S. Environmental Protection Agency, as amended.
(f) Stormwater. Any stormwater runoff,and surface runoff and drainage.
(g) Stormwater System. The system of conveyances used for collecting, storing,
and transporting stormwater owned by the Village,but not including any facilities
intended to be used in accordance with applicable law for collecting and transporting
sanitary or other wastewater.
Sec. 3. ILLICIT DISCHARGES.
(a) Prohibitions. Except as set forth under Section 3(b) 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 prohibited. Further, any discharge to
the stormwater system containing any sewage, industrial waste or other waste
materials,or containing any materials in violation of federal,state,county,municipal
or other laws,rules,regulations, orders or permits is prohibited.
(b) Authorized Exceptions. Unless the Director determines that it is not properly
managed or otherwise is not acceptable,the following discharges are exempt from
the general prohibitions set forth under Section 3(a) of this ordinance: Flows from
fire fighting,water line flushing and other contributions from potable water sources,
landscape irrigation and lawn watering,irrigation water,diverted stream flows,rising
groundwaters,direct infiltration to the stormwater system,uncontaminated pumped
'I groundwater, foundation and footing drains, water from crawl space pumps, air
conditioning condensation, springs, individual residential car washings, flows from
j' riparian habitats and wetlands, and de-chlorinated swimming pool contributions.
Chlorinated swimming pools shall not be drained into the stormwater system with.
the following exceptions: 1) Discharges associated with backwashing filters when
the backwash cycle generates less than 1,000 gallons; and 2) chlorinated water
overflowing from a pool associated with a storm event.
(c) Illicit Connections. No person may maintain, use or establish any direct or
indirect connection to the stormwater system that results in any discharge in violation
of this ordinance. This prohibition is retroactive and applies to connections made in
the past, regardless of whether made under a permit, or other authorization, or
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APR 02 '98 01:46PM JONES FOSTER JOHNSTON & STUBBS P.4/S
whether permissible under the laws or practices applicable or prevailing at the time
the connection was made,
(d) Administrative Order. The Director may issue 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 of any regulation or permit issued hereunder.
(e) NPDES Permits. Any person who holds a National Pollutant Discharge
Elimination System (NPDES) permit shall provide a copy of such permit to the
Director no later than the later of sixty(60) calendar days after the effective date of
this ordinance, or sixty(60) calendar days after issuance.
(f) .Notification of Spills. As soon as any person has knowledge of any discharge
to the stormwater system in violation of this ordinance, such person shall
immediately notify the Director by telephoning(561) 575-6200),and if such person
is directly or indirectly responsible for such discharge, then such person shall also
take immediate action to ensure the containment and clean up of such discharge and
shall 'confirm such telephone notification in writing to the Director at 250 Tequesta
Drive, Suite 300,Post Office Box 3273,Tequesta,Florida 33469-0273, within three
(3) calendar days.
Sec. 4. INSPECTIONS AND MONITORING.
(a) Authority for Inspections. Whenever necessary to make an inspection to
enforce any of the provisions of this ordinance, or regulation or permit issued
hereunder, or whenever an authorized official has reasonable cause to believe there
exists any condition constituting a violation of any of the provisions of this
ordinance,or regulation or permit issued hereunder,any authorized official may enter
any property, building or facility at any reasonable time to inspect the same or to
perform any duty related to the enforcement of the provisions of this ordinance or
any regulations or permits issued hereunder; provided that (a) if such property,
building or facility is occupied, such authorized official shall first present proper
credentials and request permission to enter, and (b) if such property, building or
facility is unoccupied, such authorized official shall make a reasonable effort to
locate the owner or other person having charge or control of the property,building
or facility, and shall request permission to enter_ Any request for permission to enter
• made hereunder shall state that the owner or person in control has the right to refuse
entry, and that in such event that entry is refused, the authorized official may enter
to make inspection only upon issuance of a search warrant by a duly authorized
magistrate. If the owner or person in control refuses permission to enter after such
request has been made,the authorized official is hereby authorized to seek assistance
from any court of competent jurisdiction in obtaining entry. Routine or area-wide
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APR 02 '98 01:47PM JONES FOSTER JOHNSTON & STUBBS P.5i6
inspections 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 sampling and sampling in areas with evidence of stormwater contamination,
non-stormwater discharges or similar factors.
(b) Authority for Monitoring and Sampling. Any authorized official may
establish on any property such devices as are necessary to conduct sampling or
metering of discharges to the stormwater system. During any inspections made to
enforce the provisions of this ordinance,or regulations or permits issued hereunder,
any authorized official may take any samples deemed necessary.
(c) Requirements for Monitoring. The Director may require any person engaging
in any activity or owning any property,building or facility(including,but not limited
to, a site of industrial activity) to undertake such reasonable monitoring of any
discharge(s) to the stormwater system and to furnish periodic reports.
Sec. 5. ENFORCEMENT.
(a) Injunctive Relief. Any violation of any provision of this ordinance,or of any
regulation or order issued hereunder,shall be subject to injunctive relief if necessary
to protect the public health, safety or general welfare.
(b) Continuing Violation. A person shall be deemed guilty of a separate violation
for each and every day during any continuing violation of any provision of this
ordinance, or of any regulation or permit issued hereunder.
(c) Enforcement Actions. The Director may take all actions necessary,including
the issuance of notices and violations,the filing of court actions and/or referral of the
matter to the local code enforcement officer,to require and enforce compliance with
the provisions of this ordinance and with any regulation or permit issued hereunder."
fiction 2. Severability. If any provision of this Ordinance or the application thereof is
held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance
which can be given effect without the invalid provisions or applications, and to this end, the
provisions of this Ordinance are hereby declared severable.
Section.,, Repeal of Ordinances in Conflict. All other ordinances of the Village of
Tequesta,Florida,or parts thereof which conflict with this or any part of this Ordinance are hereby
repealed.
Section 4. Codification. This Ordinance shall be codified and made a part of the official '
Code of Ordinances of the Village of Tequesta.
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APR 02 '98 01:47PM JONES FOSTER JOHNSTON & STUBBS P.6/6
Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage
and approval, as provided by law.
THE FOREGOING ORDINANCE was offered by Councilmember
, who moved its adoption. The Ordinance was seconded by
Councilmember _ and upon being put to a vote, the vote was as
follows:
FOR ADOPTION AGAINST ADOPT
The Mayor thereupon declared the Ordinance duly passed and adopted this _ day
of . , 1998.
MAYOR OF TEQUESTA
Elizabeth A. Schauer
ATTEST:
Village Cleric
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