Loading...
HomeMy WebLinkAboutOrdinance No. 2026-024 CITY OF CLEI2MONT Ra ORDINANCE NO.2026-024 AN THE CITY OF CLERMONT,LAICr-COUNTY,FLORIDA,AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES, TO INCLUDE DEFII�TITIONS AND PROHIBITIONS RELATING TO ILLICIT DISCHARGES AND ILLICIT CONNECTIONS TO THE CITY'S MUNICIPAL SEPARATE STORM SEWER SYSTEM AND TO ESTABLISH INSPECTION, MONITORING, AND ENFORCEMENT AUTHORITY RELATII�TG THERETO, PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE C0727�[FCTION OF SCRIVENER'S ERRORS, CODIFICATION, PUBLICATION AND EFFECTIVE DATE_ WHEREAS,Chapter 62-624,Florida Administrative Code,regulates municipal separate storm sewer systems and requires local governments to implement measures to reduce pollutants discharged into the stormwater system; and WHEREAS, the City of Clermont desires to amend its Code to include complete definitions and prohibitions relating to illicit discharges and illicit connections to the City's municipal separate storm sewer system; and WHEREAS, the City of Clermont further desires to establish clear authority for City officials to inspect, monitor, and investigate areas for potential illicit discharges c r illicit connections; and WHEREAS, the passage of this Ordinance is intended to promote compliance with applicable stormwater management requirements and protect the City's stormwater infrastructure and receiving waters; and WHEREAS, the City of Clermont finds that this Ordinance is in the best interest and welfare of the residents o£the city. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,FLORIDA, SECTION 1- ALTI'HORITY The City Council ofthe City ofClertnont has the authority to adopt this Ordinance pursU.a*+t to Article VIII of the Constitution o£the State of Florida and Chapters 163 and 166,Florida Statutes. SECTION 2; AMENDING CHAPTER 18_ "ENVIRONMENTAL AND NATURAL RESOURCES" The Code of Ordinances of the City of Clemzoat, Florida, Chapter 18, "Environment and Nat..ral Resources", Article III, "Nuisances Generally", is hereby amended by adding Section 18.58, "Stormwater Management",which reads as follows: CODING:Words st<-icken arc delarions;words underlined are additions; —.denote omitted text_ CAR' M, CITY OF CLERMONT oR��- ORDINANCE NO. 2026-024 ARTICLE III.—NUISANCES GENERALLY Sec. 18-58.—Purpose and Intent. This Article is intended and shall be inteMreted to protect, maintain, and enhance both the immediate and long-term health safety and general welfare of the citizens of the City of Clermont through the following_ (a) Regulating the contribution of non-stormwater discharge to the municipal separate storm sewer system("MS4"). (b) Prohibiting illicit connections and illicit discharges to the MS4. (c) Establishing the authority necessary for City officials to cam out inspection, surveillance, and monitoring procedures necessary to ensure compliance with this Article. Sec. 18.59—Exemption. Action taken under emergency conditions to prevent imminent harm or danger to people, or to protect property from imminent fire violent storms hurricanes, or other hazards shall be exempt from the requirements of this Article.However,a report of the emergency action shall be made to the public works director as soon as practicable. Sec. 18.60—Definitions. Construction activity means activities subject to NPDES construction permits as set forth in 40 Code of Federal Regulations, Section 122.26(b)15). Illicit connections. An illicit connection is defined as either of the following: (a) Any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drain system including but not limited to any convey which allow any non-stormwater discharge including ewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed,permitted,or approved by an authorized enforcement agency, or (b) Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. Illicit discharge means any_direct or indirect non-stormwater discharge to the storm drain system, except as exempted in this Article. CODING: Words stricken are deletions;words underlined are additions; ****denote omitted text. CITY OF CLERMONT CR ,, ORDINANCE N0. 2026-024 Municipal separate storm sewer system(MS4)means a conveyance or system of conveyances such as roads with stormwater systems municipal streets, catch basins, curbs, gutters, constructed channels or storm drains as set forth in Rule 62-624.200,Florida Administrative Code. National pollutant discharge elimination ss ty em OTDES) permit means an authorization, license or equivalent control document issued by the United States Environmental Protection Agency that authorizes discharges into the waters of the United States,whether the permit is applicable on an individual group,or general area-wide basis. Non-stormwater discharge means any discharge to the storm drain system that is not composed entirely of stormwater. Sec. 18.61 —Prohibitions. There shall be no commencement, conduct, or continuance of any non-stormwater discharge to the MS4 unless the discharge is pursuant to an NPDES Permit, Florida Department of Environmental Protection exemption letter, or is specifically allowable under Rule 62-624.200(2), Florida Administrative Code. All other non-stormwater discharges are hereby classified as illicit discharges and are prohibited provided however, vehicle wash operations that do not meet the definition set forth in 62-624.200(2)(o) F.A.C. and which operate without an applicable state permit or exemption letter are permitted if the following conditions are met: (a) The wash operations last no more than 12 hours during any 24-hourperiod of time and for no more than four daysm an 3�y period of time. (b) All wash water is contained on the site of the premises, either in an existing detention or retention area or in a grassy or pervious area of the site. (c) Washing and rinsing of the vehicle may be accomplished by a hose and nozzle set-up but without the benefit of any mechanical maratus intended to increase the pressure or velocity of the wash water beyond what would otherwise be available utilizing the available pressure from the water source. (d) All backflow requirements are met upon connection. (e) Use of biodegradable dish detergenty. Sec. 18.62—Prohibitions. Discharges due to industrial activity or construction activity. &yperson or enti1y subject to an NPDES permit for industrial activity or construction activity shall comply with all provisions of such permit. Proof of compliance with said permit shall be required in a form acceptable to the City, prior to the allowing of non-stormwater discharges. The Ci , through its employees, contractors, subcontractors or other representatives, is authorized to enter upon, inspect, and monitor the site or sites of the industrial activi1y or construction actiytt (he "facilitf)m follows: CODING: Words stricken are deletions;words underlined are additions; ****denote omitted text. CITY OF CLERMONT C d ORDINANCE NO. 2026-024 (a) The City shall be permitted to enter and inspect an facility at reasonable times as often as may be necessary in order to determine compliance with this Article. Facility operators shall make the necessary arrangements to allow access to the City. Failure to allow the Cjjy access to a facility is an NPDES permit violation and further, constitutes a violation of this Article. (b) Facility operators shall allow the City ready access to all parts of the premises for the purposes of inspection sampling examination and cop, i�ng of records that must be kept under the conditions of an NPDES permit and shall perform any additional duties required by state and federal law. (c) The City shall have the right to cause equipment and devices to be installed at or on facility premises to conduct monitoring_and/or sampling of the facility's stormwater discharge. (1) The City has the right to require the facility operator to install monitoring or sampling equipment as necessary The facih 's sampling or monitoring equipment shall be maintained at all times in a safe and proper operating condition by the facility operator at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. (2) Any temporary or permanent obstruction to City's access of a facility shall be promptly removed by the facility operator at the written request of the City and shall not be replaced. The costs of clearing such access shall be borne by the facilityoperator. Sec. 18.63 —Requirement to prevent, control, and reduce non-stormwater discharges and adhere to state water quality standards. (a) The owner or operator of a commercial or industrial establishment shall provide,at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 or watercourses. Any person or enti responsible for a property or premise which is the source of an illicit discharge shall be required to implement, at their expense, structural or non-structural protections to prevent the further illicit discharge_A party's compliance with all terms and conditions of a valid NPDES permit is required. These structural or non-structural protections shall be part of the party's stormwater pollution prevention plan (SWPPP) as necessary for compliance with requirements of the NPDES permit. (b) All sites, regardless of size, where construction activity i) requires the issuance of a Florida Building Permit for any type of construction or ii)where a locally issued permit for clearing or grading is issued or required, shall: (1) Implement erosion and sediment controls to prevent the discharge of sediment-laden runoff from the site. Such controls may be based on generally accepted sediment and erosion control methods adopted by any department of the State of Florida so lone controls are effective. CODING: Words stricken are deletions;words underlined are additions; ****denote omitted text. • CITY OF CLERMONT C�oaORDINANCE NO. 2026-024 ch (2) Utilize containment removal and other practices to manage waste that, if uncontrolled, could become part of the discharge from the site (e.g. discarded building materials, concrete truck washout,chemicals,litter, and sanitary waste). Sec. 18.64—Notification of discharge. Notwithstanding other requirements of the law, if M person or entity responsible for a facility, site or operation is aware of any actual or suspected release of materials which ma result in an illicit discharge shall immediately nofify the City and take all necessary steps to ensure the discovery of the origin containment and cleanup of such release. If the illicit discharge emanates from an industrial activity or construction activity, the owner or operator shall also retain an on-site written record of the discharge and document the actions taken to prevent its recurrence. Such records shall be retained for at least three years or as required by federal or state law,whichever is longer. Sec. 18.65—Standard operating procedures. The City's Code Enforcement Department shall maintain standard operating_procedures ("SOPs")regarding the inspection,mitigation, and elimination of illicit discharges. Sec. 18.65—Enforcement of illicit discharges. (a) All sites regardless of size, where construction activity i requires the issuance of a Florida Building Permit for any type of construction or ii)where a locally issued permit for clearing or grading is issued or required, shall: (1) The performance of monitoring,analyses, and reporting, if applicable; (2) The elimination of illicit connections and illicit discharges; (3) The violatin discharges,practices, and operations shall cease and desist; (4) The abatement or remediation of illicit discharges and the restoration of any affected property within a specified period of time; and (5) The implementation of source control or treatment practices. (b) If after a reasonable period of time to comply or by a date certain provided in the notice,the violation has not been corrected or requirements in the notice have not been satisfied,the issue will be subject to enforcement in accordance with the Code of Ordinances,City of Clermont, Florida. (c) The city mmay provide a copy of the notice to State of Florida Department of Environmental Protection or applicable water management district to enable those agencies to also pursue remedies and corrective action as allowable by law. CODING: Words stricken are deletions;words underlined are additions; ****denote omitted text. R• CITY OF CLERMONT NT C d� ORDINANCE NO. 2026-024 SECTION 3: CONFLICT All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed. SECTION 4: SEVERABILITY If any portion of this Ordinance is declared invalid, the invalidated portion shall be severed from the remainder of the Ordinance, and the remainder of the Ordinance shall continue in full force and effect as if enacted without the invalidated portion, except in cases where such continued validity of the remainder would clearly and without doubt contradict or frustrate the intent of the Ordinance as a whole. SECTION 5: CODIFICATION The text of Section 2 of this Ordinance shall be codified as a part of the Clermont City Code. The codifier is authorized to make editorial changes not affecting the substance of this Ordinance by the substitution of"Article"for"Ordinance", "Section"for"Paragraph", or otherwise to take such editorial license. SECTION 6: ADMINISTRATIVE CORRECTION OF SCRIVENER'S ERRORS Regardless of whether such inclusion in the Code as described in Section 5 is accomplished, sections of the Ordinance may be re-numbered or re-lettered and the correction of typographical and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or City Manager's designee, without need of public hearing,by filing a corrected or re-codified copy of same with the City Clerk. SECTION 7: PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published as provided by law and it shall become law and shall take effect immediately upon its Second Reading and Final Passage. CODING: Words stricken are deletions;words underlined are additions; ****denote omitted text. S CAR' M, CITY OF CLERMONT ,,o, ORDINANCE NO. 2026-024 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 28th day of July 2026. CITY OF CLERMONT, FLORIDA k 1 1 X` ,�. Tim Murry, is. Tracy Ackroyd Howe, MC City Clerk APP V D AS TO FO AND LEGALITY Christian W. VAugh, City Attorney CODING: Words stricken are deletions;words underlined are additions; ****denote omitted text.