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HomeMy WebLinkAboutDocumentation_Environmental Advisory Committee_Tab 05_8/13/2025 Agenda Item #5. Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org TO: Village of Tequesta Council FROM: Brad Freese, Chair EAC DATE: 07/09/2025 SUBJECT: Stormwater Control/Toxic and Hazardous Materials Management This memo is in reference to the VOT STORMWATER CONTROL and VOT TOXIC AND HAZARDOUS MATERIALS MANAGEMENT documents below. I would like EAC to consider, discuss, and motion to add or modify content to address environmental concerns. Some items to consider: 1. The stormwater control document looks good to me. 2. Educational reminders to the public that only stormwater should go down stormwater drains. 3. There are over grate, under grate, and curb inlet stormwater drain filtering solutions, some of which we have discussed before, that would decrease the sediment and debris that exit out to the Loxahatchee River. 4. Addition of lithium-ion batteries to toxic and hazardous materials list. 5. Should we include examples of common household items that fall into these categories? Ex. Mercury-fluorescent lightbulbs, PCB's-fluorescent light ballast made before 1980. This document may be reproduced upon request in an alternative format by contacting the Village Clerk's Office at 561-768-0440 or by completing our accessibility form: https://bit.ly/3mnfeU4 Page 15 of 48 Agenda Item #5. PART II - CODE OF ORDINANCES Chapter 74 - UTILITIES ARTICLE IV. -STORMWATER DIVISION 3. STORMWATER CONTROL DIVISION 3. STORMWATER CONTROL Sec. 74-241. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Authorized official means any employee or agent of the village authorized in writing by the director to administer or enforce the provisions of this division. Director means any person so designated by the stormwater utility board. Discharge means any direct or indirect entry of any solid, liquid or gaseous matter. Site of industrial activity means any area or facility used for manufacturing, processing or raw materials storage, as defined under 40 CFR 122.26(a)(14) of regulations of the U.S. Environmental Protection Agency, as amended. Stormwater means any stormwater runoff, and surface runoff and drainage. Stormwater system means 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. (Ord. No. 23-13, § 1, 9-13-2013) Sec. 74-242. Prohibited discharges. (a) Generally. Except as set forth under subsection (b) of this section or 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) 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 subsection (a) of this section: flows from firefighting, 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 Page 2 of 7 Page 16 of 48 Agenda Item #5. stormwater system, uncontaminated pumped groundwater, foundation and footing drains, water from crawl space pumps, air conditioning condensation, springs, individual residential car washings, flows from riparian habitats and wetlands, and dechlorinated 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) Prohibited 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 division. This prohibition is retroactive and applies to connections made in the past, regardless of whether made under a permit or other authorization, or whether permissible under the laws or practices applicable or prevailing at the time the connection was made. (d) Administrative orders. 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 division, or in violation of any regulation or permit issued under this division. (e) Submission of copy of NPDES permit. 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 60 calendar days after the effective date of the ordinance from which this division is derived, or 60 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 division, 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 cleanup of such discharge and shall confirm such telephone notification in writing to the Director at 345 Tequesta Drive, Tequesta, Florida 33469-0273, within three calendar days. (Ord. No. 23-13, § 1, 9-13-2013) Sec. 74-243. Inspections and monitoring. (a) Whenever necessary to make an inspection to enforce any of the provisions of this division, or any regulation or permit issued under this division, or whenever an authorized official has reasonable cause to believe there exists any condition constituting a violation of any of the provisions of this division, or any regulation or permit issued under this division, any authorized official may enter any property, building or facility at any reasonable time to inspect the property, building or facility or to perform any duty related to the enforcement of the provisions of this division or any regulations or permits issued Page 17 of 48 Agenda Item #5. under this division; provided that (i) if such property, building or facility is occupied, such authorized official shall first present proper credentials and request permission to enter, and (ii) 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 under this subsection shall state that the owner or person in control has the right to refuse entry, and that, if 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 areawide inspections shall be based upon such reasonable selection processes as may be necessary to carry out the purposes of this division, including but not limited to random sampling and sampling in areas with evidence of stormwater contamination, nonstormwater discharges or similar factors. (b) 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 division, or regulations or permits issued under this division, any authorized official may take any samples deemed necessary. (c) 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 reasonable monitoring of any discharge to the stormwater system and to furnish periodic reports. (Ord. No. 23-13, § 1, 9-13-2013) Sec. 74-244. Enforcement. (a) Injunctive relief. Any violation of any provision of this division, or of any regulation or order issued under this division, shall be subject to injunctive relief if necessary to protect the public health, safety or general welfare. (b) Continuing violations. A person shall be deemed guilty of a separate violation for each and every day during any continuing violation of any provision of this division, or of any regulation or permit issued under this division. (c) Enforcement actions. The director may take all actions necessary, including the issuance of notices of violations, the filing of court actions and/or referral of the matter to the village code enforcement officer, to require and enforce compliance with the provisions of this division and with any regulation or permit issued under this division. (Ord. No. 23-13, § 1, 9-13-2013) Page 4of7 Page 18 of 48 Agenda Item #5. PART II - CODE OF ORDINANCES Chapter 30 - ENVIRONMENTAL CONTROL; NUISANCES ARTICLE V. TOXIC AND HAZARDOUS MATERIALS ARTICLE V. TOXIC AND HAZARDOUS MATERIALS Sec. 30-171. Purpose. It is the intent of the village to properly regulate the use, handling, storage and disposal of toxic and hazardous substances and materials within the village and to provide periodic relief in the form of an amnesty program in order to allow residents to properly dispose of toxic and hazardous substances and materials. (Ord. No. 19-13, § 1, 8-8-2013) Sec. 30-172. Violations; enforcement. It is unlawful to violate the provisions of this article. Violations of this article may be brought before the code enforcement special magistrate pursuant to chapter 2, article IV. Each day such violation continues shall be considered a separate offense. Nothing contained in this article shall preclude the village from pursuing any other remedy permitted by law or equity to enforce the provisions of this article. (Ord. No. 19-13, § 1, 8-8- 2013) Sec. 30-173. Reserved. Sec. 30-174. Prohibited disposal. It shall be unlawful to dispose of toxic and hazardous substances and materials, as identified in the generic substances list in this section, into garbage, refuse, and/or trash, or upon the ground, in all districts within the corporate limits of the village. GENERIC SUBSTANCES LIST Acid and basic cleaning solutions. Antifreeze and coolants. Arsenic and arsenic compounds. Bleaches, peroxides. Brake and transmission fluids. Brine solution. Casting and foundry chemicals. Caulking agents and sealants. Page 19 of 48 Agenda Item #5. Cleaning solvents. Corrosion and rust prevention solutions. Cutting fluids. Degreasing solvents. Disinfectants. Electroplating solutions. Explosives. Fertilizers. Fire extinguishing chemicals. Food processing wastes. Formaldehyde. Fuels and additives. Glues, adhesives and resins. Greases. Hydraulic fluid. Indicators. Industrial and commercial janitorial supplies. Industrial sludges and stillbottoms. Inks, printing and photocopying chemicals. Laboratory chemicals. Liquid storage batteries. Medical, pharmaceutical, dental, veterinary and hospital solutions. Mercury and mercury compounds. Metals finishing solutions. Oils. Paints, primers, thinners, dyes, stains, wood preservatives, varnishing and cleaning compounds. Painting solvents. PCBs. Pesticides and herbicides. Plastic resins, plasticizers and catalysts. Photo development chemicals. Poisons. Polishes. Pool chemicals. Processed dust and particulates. Radioactive sources. Reagents and standards. Refrigerants. Roofing chemicals and sealers. Sanitizers, disinfectants, bactericides and algaecides. Page 6 of 7 Page 20 of 48 Agenda Item #5. Soaps, detergents and surfactants. Solders and fluxes. Stripping compounds. Tanning industry chemicals. Transformer and capacitor oils/fluids. Water and wastewater treatment chemicals. (Ord. No. 19-13, § 1, 8-8-2013) Sec. 30-175. Amnesty program. The village shall cooperate with the village's solid waste purveyor, the county solid waste authority, and any other applicable environmental agencies to provide a location for its residents to properly dispose of toxic and hazardous substances and materials. As part of its cooperation, the village shall endeavor to notify its residents of the location and times that the amnesty program will operate. (Ord. No. 19-13, § 1, 8-8-2013) Secs. 30-176-30-200. Reserved. Page 21 of 48