It is the purpose of this chapter to establish responsibility for the alleviation of the harmful and damaging effects of on-site generated erosion, sedimentation, runoff, and the accumulation of debris on adjacent downhill and/or downstream properties, and to avert the attendant deterioration of downstream bodies of water. Stormwater runoff peak rates after development should approximate existing predevelopment conditions.

(Code 1986, § 12-9-1)

This chapter shall apply to all developments or property improvements within the city.

(Code 1986, § 12-9-2)

No person may subdivide or make any change in the use of land or construct or change the size of a structure except as exempted in section 12-8-4 without first submitting a stormwater management plan to the city engineer and obtaining a stormwater management permit from the building official.

(1)

Activities that may alter or disrupt existing stormwater runoff patterns. The following activities may alter or disrupt existing stormwater runoff patterns and, unless exempted will require submittal of a stormwater management plan prior to initiation of a project:

a.

Clearing and/or drainage of land prior to construction of a project;

b.

Subdividing land;

c.

Replatting recorded subdivisions;

d.

Changing the use of land causing a change in natural flow patterns or predevelopment conditions;

e.

Construction of a structure or substantial alteration to the size of one or more structures causing a change in natural flow patterns or preexisting conditions;

f.

Altering the shoreline or bank of any surface water body;

g.

Altering of any ditches, dikes, terraces, berms, swales, or other water management facility.

(2)

Property within the Bayou Texar and Escambia Bay shoreline protection districts. For all property within the Bayou Texar and Escambia Bay shoreline protection districts (sections 12-3-43 and 12-3-44), a stormwater management plan must be submitted to the city engineer prior to the issuance of a building permit.

(Code 1986, § 12-9-3)

(a)

Individual single-family and duplex homes. Individual single-family and duplex home construction plans shall be exempt from the required stormwater management plan providing the lot is in an approved platted subdivision. However, the owner, developer, or builder will be required to submit a description of the methods they will utilize to ensure that no erosion or sedimentation will occur during construction. They will be required to clear the lot in stages such that a siltation barrier of natural vegetation around the lot perimeter will be maintained until lot stabilization is completed. If a siltation or erosion problem develops during construction, the owner, developer or builder will be required to provide an additional siltation barrier and will be responsible for restoring the affected area to predevelopment condition. This exemption does not apply within the Bayou Texar or Escambia Bay shoreline protection districts.

(b)

Impervious surface projects. Projects that include the addition of 1,500 square feet or less of impervious surface and which are not part of a larger/future development plan shall be exempt from this chapter. Specifically, this 1,500 square foot exemption is a cumulative one-time exemption. Even so, any such construction shall go through the city's permitting process, have proper erosion/sedimentation control meeting city's standards as described in section 12-8-6(c), and neither create nor exacerbate any flooding problems. The city engineer may increase this requirement as warranted based upon site-specific circumstances and conditions.

(c)

Other exempted operations. Operations which shall, in any case, be exempt from this chapter are the following. However, any exemption from this chapter does not relieve responsibility to take all action necessary to prevent erosion and sedimentation from occurring.

(1)

Home gardening or other similar activity not expected to contribute to any on-site generated erosion.

(2)

Emergency repairs such as those on public and private utilities and roadway systems.

(3)

Maintenance, alteration or improvement of an existing structure that will not change the rate or volume of stormwater runoff from the site on which that structure is located.

(Code 1986, § 12-9-4; Ord. No. 12-21, § 3, 6-17-2021)

It is the responsibility of the applicant to include in the stormwater management plan sufficient information for the city engineer to evaluate the volume of stormwater runoff. The stormwater management plan shall be prepared by a professional engineer registered in the state. The stormwater management plan shall be subject to the approval of the city engineer and permitted by the city building official. The design standards delineated in section 12-8-6 shall be utilized in the review and approval of each drainage plan. Additional pertinent information that may be requested by the city engineer shall be provided.

(1)

Contents of the stormwater management plan.

a.

A topographic map at a one-foot contour interval for the entire property to be developed, per existing engineering standards of the city.

b.

A topographic map based on generally available contours of areas adjacent to the property to be developed.

c.

The existing environmental and hydrologic conditions on the site and/or receiving waters and wetlands described in detail, including the following:

1.

The direction, flow rate, and volume of stormwater runoff for existing conditions and, to the extent practicable, predevelopment conditions.

2.

The location of areas on the site where stormwater collects or percolates into the ground.

3.

Vegetation.

4.

Soils.

5.

The size and location of any existing buildings or other structures.

d.

Any proposed alterations of the site described in detail including:

1.

Changes in topography.

2.

Areas where vegetation will be cleared or killed.

3.

Areas that will be covered with an impervious surface with a description of the surfacing material.

4.

The size and location of any proposed buildings or other structures.

e.

Predicted impacts of the proposed development on existing conditions, described in detail, including changes in the incidence and duration of flooding on the site and upstream and downstream from it.

f.

All components of the stormwater management system and any measure for the detention, retention, or infiltration of water or for the protection of water quality, described in detail, including:

1.

The channel, direction, flow rate and volume of stormwater that will be conveyed from the site, with a comparison to existing conditions and, to the extent practicable, post-development conditions.

2.

Detention and retention areas, including plans for the discharge of contained water, maintenance plans, and predictions of water quality in those areas.

3.

Areas of the site to be used or reserved for percolation.

4.

A plan for the control of erosion and sedimentation that describes in detail the type and location of control measures, the stage of development at which they will be put into place or used, and provision for their maintenance.

5.

Any other information that the applicant or the city engineer believes is reasonably necessary for an evaluation of the proposed development.

g.

Construction plans and specifications for all components of the stormwater management system.

h.

A listing setting forth scheduled maintenance needs and including an operation and maintenance manual to be provided to the entity responsible for maintenance of the stormwater management system.

(2)

Landscape plan required. For projects other than single-family subdivisions, a copy of the approved landscape plan must be submitted identifying all protected trees to be preserved or replanted and all other landscaping improvements. A copy of any tree removal permit, if issued, shall also be submitted.

(Code 1986, § 12-9-5)

(a)

General.

(1)

The design of stormwater management facilities including all water retention or detention structures and flow attenuation devices shall comply with applicable state regulations (i.e., F.A.C. ch. 62-330) and shall be subject to approval of the city engineer pursuant to the following requirements. In the event of conflict between the provisions of this chapter and the provisions of the applicable state regulations, the more strict requirements shall prevail.

(2)

All stormwater management facilities shall be designed for a minimum of 50-year life, have low maintenance cost and easy legal access for periodic maintenance.

(3)

All proposed stormwater management facilities shall be designed to prevent flooding, safety or health hazards and shall not contribute to the breeding of mosquitoes and arthropods.

(4)

The use of drainage facilities and vegetated buffer zones for open space, recreation, and conservation areas shall be encouraged.

(5)

The use of alternative permeable surface materials are encouraged for private parking lots and will be given due consideration in drainage plan review.

(6)

Engineer of record, property owner, and contractor shall ensure property site grading and discharge from their property onto neighboring parcels neither creates nor exacerbates a flooding or erosion problem.

(7)

The engineering division of the public works and facilities department shall review a grading and drainage plan for all new construction within the city limits.

(b)

Water quality.

(1)

The first one inch of runoff shall be retained on the development site. At the discretion of the city engineer, retention standards may be increased beyond the one-inch minimum standard on a site-specific basis to prevent flooding and drainage problems, and to protect environmentally sensitive water bodies.

(2)

Stormwater management facilities that receive stormwater runoff from areas containing a potential source of oil and grease contamination, including, but not limited to, any land use involving the sale or handling of petroleum products or any land use involving the repair, maintenance or cleaning of motor vehicles shall include a baffle, skimmer, grease trap, or other suitable oil and grease separation mechanism.

(3)

Channeling runoff directly into water bodies is prohibited. Runoff shall be routed through stormwater management systems designed to increase time of concentration, decrease velocity, increase infiltration, allow suspended solids to settle, and remove pollutants.

(c)

Erosion and sedimentation.

(1)

Erosion and sediment control best management practices shall be used during construction to retain sediment on-site. These management practices shall be designed by an engineer or other competent professional experienced in the fields of soil conservation or sediment control according to specific site conditions and shall be shown or noted on the plans of the stormwater management system. The engineer or designer shall furnish the contractor with information pertaining to the construction, operation and maintenance of the erosion and sediment control practices.

(2)

The area of land disturbed by development shall be as small as practicable. Those areas that are not to be disturbed shall be protected by an adequate barrier from construction activity. Whenever possible, natural vegetation shall be retained and protected.

(3)

No clearing, grading, cutting, filling or alteration to the site of any kind shall be commenced until adequate erosion and sedimentation structural controls have been installed as per plan between the disturbed area and water bodies, watercourses, and wetlands and inspected by the building official. Limited clearing shall be permitted as necessary to allow the installation of the structural controls.

(4)

Land that has been cleared for development and upon which construction has not commenced shall be protected from erosion by appropriate techniques designed to temporarily stabilize the areas.

(5)

Sediment shall be retained on the site of the development, unless discharged into an approved off-site drainage facility as provided for in section 12-8-7.

(6)

Erosion and sedimentation facilities shall receive regular maintenance during construction to ensure that they continue to function properly.

(7)

Vegetated buffer strips shall be created or, where practicable, retained in their natural state along the banks of all watercourses, water bodies, or wetlands. The width of the buffer shall be sufficient to prevent erosion, trap the sediment in overland runoff, maintain natural drainage patterns to the water body, and allow for periodic flooding without damage to structures.

(8)

An erosion control plan signed and sealed by a Florida Licensed Professional Engineer shall be submitted for any demolition project.

(d)

Design frequency.

(1)

Stormwater management facilities with approved positive outfall shall be designed to attenuate the 100 year/critical duration storm event. The city engineer may waive or reduce this requirement if the stormwater management facility discharges directly into a natural outfall after treatment, does not contribute to potential or existing flooding conditions and does not increase pollutant loading.

(2)

Retention facilities that fall within a closed drainage basin and have no positive outfall shall retain the entire runoff volume from a 100-year storm event and shall include all storm durations up to and including the 24-hour duration. This retention volume must be recovered within 72 hours of the contributing storm event by natural percolation or other approved means.

(3)

Detention and/or retention facilities that connect directly to the city's storm drainage system shall be designed so that the post-development discharge rate does not exceed the pre-development discharge rate for a ten-year/critical duration storm event. Where the existing capacity of the city storm drainage system is not adequate to accept the discharge from a ten-year storm event, the city engineer may reduce the allowable post-development discharge rate from the detention facility to an acceptable level. Detention and/or retention facilities that do not connect directly to the city storm system or have a direct impact on the system shall be allowed to discharge up to the pre-development rate for the 100-year/critical duration storm event or as otherwise approved by the city engineer.

(4)

The drainage area used in runoff calculations shall be the total natural watershed area including areas beyond proposed site limits (offsite runon).

(e)

Stormwater retention and/or detention facilities.

(1)

General requirements.

a.

Recovery time for treatment/retention volume shall be a maximum of 72 hours. Recovery time for facilities that are underdrained or side drained shall be 36 hours.

b.

Minimum freeboard for retention and/or detention facilities shall be one foot between design high water and top of facility. The city engineer may waive or reduce this requirement for shallow ponds and swales.

c.

Stormwater retention and/or detention facilities shall include appropriate access for periodic maintenance as approved by the city engineer.

d.

Stormwater retention and/or detention facilities located adjacent to a public right-of-way shall be landscaped with a visual screen installed in accordance with the provisions of section 12-3-56(d) through (g) or landscaped as a part of the overall landscaping for the development with plant species that are suitable for individual pond characteristics and that provide an effective and visually pleasing screen for the retention and/or detention facility. All landscaping shall be maintained in accordance with the provisions of section 12-6-5.

e.

Designs for stormwater detention and/or retention facilities that use predominantly non-angular, freeform, curvilinear contouring that functions to visually integrate the facility into the overall design and landscaping of the development shall be encouraged.

f.

The method in which proposed pond bottom will be stabilized shall be: rock, gravel, planting, or sprigging. Sod is not acceptable for pond bottom stabilization.

g.

Proposed stormwater pipe in public right-of-way must be either RCP or DI (epoxy coated). All stormwater related structures must be made of materials that meet or exceed HS20 traffic loading.

h.

Stormwater facilities shall be designed and positioned on the property to allow stormwater capture to utilize topography to the maximum extent possible.

i.

For residential parcels in the Shoreline Protection Districts Proposed retention pond shall be positioned to effectively capture pollutants.

j.

The creation or maintenance of any condition conducive to the breeding of rats, vermin, flies, mosquitoes, or other arthropods that are capable of transmitting diseases directly or indirectly to humans.

k.

Maintenance entity. Stormwater management systems shall be maintained by the owner, except where the city selects certain systems for city maintenance. All areas and/or structures to be maintained by the city must be dedicated to the city by plat or separate instrument and accepted by the city council. Systems to be maintained by the owner shall have adequate easements to permit the city right-of-entry to inspect and, if necessary, take corrective action if the owner fails to maintain the system. In addition, the owner shall submit a copy of any outside agency inspections and/or reports for the city to evaluate in accordance with the city's municipal spate storm sewer system (MS4). If the owner fails to maintain his system, the city shall give the owner written notice of the nature of corrective action required. If the owner fails to take corrective action within 30 days from the date of the notice, the city may take the necessary corrective action, including placement of a lien on all property of the owner to recover the costs thereof.

(2)

Public facilities. Stormwater retention and/or detention facilities to be dedicated to the city for maintenance shall comply with the following requirements in addition to the general requirement specified in subsection (e)(1) of this section.

a.

Slide slopes of facilities shall be no steeper than four horizontal feet for every one vertical foot (4:1) out to a depth of two feet below the control elevation. Grades steeper than 4:1 may be allowed where unique circumstances exist as approved by the city engineer.

b.

Side slopes shall be stabilized with sod or other materials as approved by the city engineer.

c.

Dry stormwater retention and/or detention facilities that contain side slopes that are steeper than 4:1 and have a retention depth greater than 30 inches shall be completely enclosed by a six-foot fence constructed of chain-link, wrought iron or other material as approved by the city engineer. Chain-link fences and related appurtenances (posts, gates, etc.) shall be vinyl-coated (dark green or black). The fence shall have a minimum 12-foot wide (15-foot maximum) gate opening. The maximum clearance from the bottom of the fence to existing grade shall be no more than three inches. This provision does not apply to shallow swales with a retention depth of 30 inches or less.

d.

Permanently wet retention and/or detention facilities that contain side slopes that are steeper than 4:1 shall be fenced or otherwise restricted from public access in accordance with F.A.C. ch. 62-330. Where a fence is proposed it shall be constructed according to the provisions of subsection (e)(2)c of this section.

(3)

Private facilities. Stormwater retention and/or detention facilities to be maintained shall comply with the following requirements in addition to the general requirement specified in subsection (e)(1) of this section:

a.

Slide slopes of facilities with earthen slopes shall be no steeper than two horizontal feet for every one vertical foot (2:1). Grades steeper than 2:1 may be allowed where unique circumstances exist as approved by the city engineer.

b.

Side slopes shall be stabilized with sod or other material as approved by the city engineer.

c.

Private facilities with side slopes that are steeper than 4:1 shall be fenced or otherwise restricted from public access in accordance with F.A.C. ch. 62-330. Private stormwater retention and detention facilities that are located adjacent to a public right-of-way or easement shall be fenced in accordance with subsection (e)(2)c of this section.

(f)

Redevelopment.

(1)

The following redevelopment activities will not be subject to the requirements of this section:

a.

Alterations to the interior of an existing structure.

b.

Alterations of an existing structure that do not result in a net increase in impervious surface area.

c.

Routine building repair including adding a facade to a building.

d.

Resurfacing an existing paved area such as a parking lot, driveway or other vehicle use area.

(2)

Redevelopment activities, including, but not limited to, alterations of existing buildings or structures or new construction following demolition of existing buildings and structures shall be subject to the requirements of this section only for the stormwater runoff that results from a net increase in impervious surface area provided that the new construction is under construction within two years of demolition. For the purpose of this subsection (f), under construction shall mean that a legal building permit has been issued and that actual construction has been or will be started within the period of validity of the permit, exclusive of any time extensions. Previously developed sites where buildings and structures were demolished and construction was not commenced within two years shall be considered new construction and subject to the requirements of this section. The following locations shall be excluded from the two-year time restriction:

a.

All properties located in the C-2A downtown retail commercial district, SPBD South Palafox business district or HC-2 historical commercial district.

b.

The area generally described as the Belmont/DeVillers Business Core area bounded by LaRua Street, Wright Street, Coyle Street, and Reus Street.

c.

The area generally described as the Brownsville Commercial Area that is within the city limits bounded by Strong Street, Gadsden Street, Pace Boulevard and the city limits.

(3)

The city engineer may require certification from a licensed engineer that there is adequate capacity in the downstream stormwater conveyance system for the redevelopment site and that any known flooding or drainage problem will not be worsened.

(Code 1986, § 12-9-6; Ord. No. 3-02, § 1, 1-10-2002; Ord. No. 11-15, § 2, 6-18-2015; Ord. No. 12-21, § 4, 6-17-2021; Ord. No. 29-21, § 5, 12-16-2021)

Surface water runoff discharged into drainage facilities for treatment and/or attenuation off the site of development may be permitted if the following conditions are met:

(1)

It is not practicable to completely manage runoff on the site in a manner consistent with the design standards set forth in section 12-8-6;

(2)

An adequate conveyance system to the facility exists or is to be provided;

(3)

The off-site drainage facilities are designed, constructed, and maintained in accordance with the requirements of this chapter; and

(4)

The city engineer approves the use of such off-site drainage facility.

(Code 1986, § 12-9-7; Ord. No. 3-02, § 1, 1-10-2002)

All stormwater management plans shall be reviewed and approved by the city engineer.

(1)

Development other than single-family and two-family lots. All development other than single-family subdivision and two-family lots is subject to the following provisions:

a.

The building official shall be notified by the owner, developer or builder to inspect the installation of the erosion and sedimentation controls prior to any clearing, grading, cutting, filling or alterations of any kind to the site.

b.

The building official shall monitor the installation of temporary stormwater control devices during construction. At the completion of construction, the city engineer shall be notified by the owner, developer or builder to inspect and assure that permanent stormwater control devices are installed as shown and approved on the plan.

c.

During the construction phase of the project, if the city engineer determines that construction is not in compliance with the approved stormwater management plan, a notice of noncompliance shall be issued, specifying the nature of the noncompliance and the remedial actions necessary to bring the project into compliance within 24 hours.

d.

If the remedial action specified above is not completed within the time allowed, then the building official or the city engineer may issue a stop-work order immediately. Upon completion of the action set forth in the notice of noncompliance, the building official shall issue a notice of compliance.

(2)

Single-family and two-family subdivision. As part of the subdivision plat process, the city engineer shall review and approve, approve with modification, or deny the stormwater management plan for the subdivision. The building official shall monitor the construction of individual single-family and duplex homes in order to assure compliance with provisions stated in section 12-8-4(a).

a.

The city engineer shall be notified by the owner, developer or builder to inspect the installation of the erosion and sedimentation controls prior to any clearing, grading, cutting, filling or alteration of any kind to the site.

b.

The city engineer shall monitor the construction of the subdivision, including the installation of temporary and permanent stormwater control devices during construction and at completion of construction.

c.

During the construction phase of the project, if the city engineer determines that construction is not in compliance with the approved stormwater management plan, a notice of noncompliance shall be issued specifying the nature of the noncompliance and the remedial action necessary to bring the project into compliance within 48 hours.

d.

If the remedial action specified above is not completed within the time allowed, then the city engineer will issue a stop-work order immediately. Upon completion of the action set forth in the notice of noncompliance, the city engineer shall issue a notice of compliance.

e.

Prior to final acceptance of improvements in the subdivision, the city engineer shall determine if the improvements are in compliance with the approved stormwater management plan. If the improvements are not in compliance, the city engineer shall specify the necessary revisions to be undertaken within a set time period.

f.

The owner and/or developer of the lots in the subdivision shall be responsible for stabilizing and maintaining rights-of-way disturbed during and after the installation of utilities and other services.

(3)

Construction delays. Where a stormwater management plan has been approved by the city engineer, clearing occurs and construction is delayed, the city engineer shall review the site to determine if interim stormwater control devices are required. The building official may also require remedial action be taken to stabilize eroding areas of the site.

(Code 1986, § 12-9-8; Ord. No. 3-02, § 1, 1-10-2002)

Maintenance of on-site stormwater control devices shall be the responsibility of the owner and/or developer of the site, unless such facilities are dedicated and accepted by the city or maintained under the authority of a homeowners' association.

(Code 1986, § 12-9-9)

(a)

Pursuant to the Federal Clean Water Act, 33 USC 1251 et seq., the United States Environmental Protection Agency has published rules for stormwater discharge permits and the city has been issued, as a co-permittee with Escambia County, Florida Department of Transportation, and the Town of Century, such a permit (NPDES Permit No. FLS000019 with issuance date of January 1, 1999).

(b)

The contribution of pollutants through discharges from storm sewer systems has a significant impact on receiving waters in the city.

(c)

Improperly treated discharges from industrial activities, interconnected municipal separate storm sewer system, illicit discharges and discharges from spilling, dumping or disposal of material other than stormwater to the municipal storm sewer system of the city will adversely affect the quality of water receiving such discharges. The control of the discharge of pollutants from stormwater is of benefit to and provides for the health, safety, and welfare of the citizens of the city.

(d)

The United States Environmental Protection Agency, pursuant to 40 CFR 122.26, has mandated the city through the issuance of National Pollution Discharge Elimination System (NPDES) Permit No. FLS000019 that the city must provide legal authority to control discharges to the municipal separate storm sewer system in order to control the quality of discharges from the city's storm sewer system to waters of the United States.

(Code 1986, § 12-9-10; Ord. No. 53-00, § 1, 11-16-2000)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. The word "shall" is mandatory and not discretionary. The word "may" is permissive.

Best management practices or BMPs means schedules or activities, prohibitions of practices, maintenance procedures, treatment methods and other management practices to prevent or reduce pollutants from entering the MS4 or being discharged from the MS4.

Clean Water Act means Public Law (PL) 92-500, as amended PL 95-217, PL 95-576, PL 96-483, and PL 97-117, 33 USC 1251 et seq., as amended by the Water Quality Act of 1987, PL 100-4.

Construction activities means the alteration of land during construction and includes such activities as clearing, grading, and excavation.

Discharge means the release of liquid, solid or gaseous material and includes, but is not limited to, a release, spilling, leaking, seeping, pouring, emitting, emptying, and dumping of any substance or material.

Illicit connection means point source discharges to the city's MS4 or to waters of the United States, that are not composed entirely of stormwater and are not authorized by a permit.

Illicit discharge means discharge to the city's MS4 or to waters of the United States that is not composed entirely of stormwater, unless exempted pursuant to section 12-8-18, or the discharge to the city's MS4 or to waters of the United states that is not in compliance with federal, state, or local permits.

Industrial activities means activities at facilities identified by the United States Environmental Protection Agency as requiring an NPDES stormwater permit in accordance with 40 CFR 122.26 or amendments thereto.

Municipal separate storm sewer system or MS4 means a conveyance, storage area or system of conveyances and storage areas (including, but not limited to, roads with drainage systems, streets, catch basins, curbs, gutters, ditches, manmade channels, storm drains, treatment ponds, and other structural BMPs) owned or operated by a local government that discharges to waters of the United States or to other MS4s, that is designed solely for collecting, treating or conveying stormwater, and that is not part of a publicly owned treatment works (POTW) as defined by 40 CFR 122.2 or any amendments thereto.

National pollutant discharge elimination system or NPDES means the national program for issuing, modifying, revoking, and reissuing, terminating, monitoring, and enforcing permits, and imposing and enforcing pretreatment requirements, pursuant to the provisions of the Clean Water Act, 33 USC 1251 et seq.

Point source means any discernible and confined conveyance, including, but not limited to, any pipe, ditch, channel, conduit, well, container, rolling stocks, concentrated animal feeding operation, vessel, or other floating craft from which pollutants are discharged. This term does not include return flows from irrigated agriculture.

Pollutant means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended, 43 USC 2011 et seq.), heat, wrecked or damaged equipment, rock, sand, and industrial, municipal and agricultural waste discharged into the MS4.

Reclaimed water means water that has received at least advanced secondary treatment and basic disinfection and is reused after flowing out of a wastewater treatment facility.

Reuse means the deliberate application of reclaimed water, in compliance with the state department of environmental protection and Northwest Florida Water Management District rules, for a beneficial purpose.

Runoff means the surface flow of water that results from, and occurs following, a rainfall event.

Significant construction activities means construction activities that result in the disturbance of five acres or more of total land area.

Significant redevelopment means the alteration of an existing development that results in the increase of the discharge of a stormwater facility beyond its previously designed and constructed capacity, or increased pollution loading, or changed points of discharge, except emergency repairs.

Spill means illicit discharge.

Stormwater means surface runoff and the discharge of runoff water resulting from rainfall.

Waters of the United States means surface water and groundwater as defined by 40 CFR 122.2.

(Code 1986, § 12-9-11; Ord. No. 53-00, § 1, 11-16-2000)

(a)

Discharges to the city's MS4 shall be controlled to the extent that such discharges will not impair the operation of the MS4 or contribute to the failure of the MS4 to meet any local, state, or federal requirements, including, but not limited to, NPDES Permit No. FLS000019. Discharges to the waters of the United States shall be controlled to the extent that the discharge will be controlled to the maximum extent practicable as defined in the NPDES Permit No. FLS000019.

(b)

Stormwater discharges to the MS4 from new development or site of significant redevelopment are required to obtain appropriate local, state, or federal permits prior to discharging to the MS4 or to waters of the United States within the city.

(c)

Any person responsible for discharges determined by the city to be contributing to the failure of the city's MS4 or waters within the city to comply with the provisions and conditions of NPDES Permit No. FLS000019 shall provide corrective measures as approved by the mayor, or his or her designee, and may be subject to paying fines and damages.

(Code 1986, § 12-9-12; Ord. No. 53-00, § 1, 11-16-2000)

(a)

Stormwater discharges from industrial activities shall be treated or managed on site, in accordance with appropriate federal, state, or local permits and regulations, prior to discharge to the city's MS4 or to waters of the United States.

(b)

Stormwater discharges from significant construction activities shall be treated or managed on site in accordance with appropriate federal, state or local permits and regulations, prior to discharge to the city's MS4 or to waters of the United States. Erosion, sediment, and pollution controls for the construction site shall be properly implemented, maintained, and operated according to a pollution prevention plan required by the NPDES permit for the discharge of stormwater from construction activities, or according to a state permit issued by the state department of environmental protection.

(c)

Any construction activity that is not significant is an illicit connection or illicit discharge if the activity causes an impairment of the operation of the MS4 or contributes to the failure of the MS4 to meet any local, state, or federal requirements, including, but not limited to, NPDES Permit No. FLS000019.

(d)

The owners or operators of industrial facilities and construction sites that will discharge stormwater to the city's MS4 or to waters of the United States within the city limits shall provide written notification to the mayor or his or her designee of the connection or discharge prior to the discharge from the industrial activity or construction activity.

(Code 1986, § 12-9-13; Ord. No. 53-00, § 1, 11-16-2000)

The discharge of stormwater between interconnected state, county, city or other MS4s shall not cause the city's MS4 to be in violation of the provisions of NPDES Permit No. FLS000019. Owners of any section of interconnected MS4 shall be responsible for the quality of discharge from their portion of the MS4 in accordance with interlocal agreements controlling the discharge of stormwater from one MS4 to another.

(Code 1986, § 12-9-14; Ord. No. 53-00, § 1, 11-16-2000)

(a)

Illicit discharges and illicit connections, not exempt under the provisions of section 12-8-18, are prohibited.

(b)

Failure to report a connection from industrial activities or construction activities to the city's MS4 or to waters of the United States constitutes an illicit connection.

(c)

Failure to report a discharge from industrial activities or construction activities to the city's MS4 or to waters of the United States constitutes an illicit discharge.

(d)

Any discharge to the city's MS4 or to waters of the United States that is in violation of federal, state, or local permits or regulations constitutes an illicit discharge.

(e)

Persons responsible for illicit discharges or illicit connections shall immediately, upon notification or discovery, initiate procedures to cease the illicit discharge or illicit connection, or obtain appropriate federal, state, or local permits for such discharge or connection.

(Code 1986, § 12-9-15; Ord. No. 53-00, § 1, 11-16-2000)

City personnel shall be granted access for inspection of facilities discharging or suspected of discharging to the city's MS4 or waters of the United States in order to effectuate the provisions of this chapter and to investigate violations or potential violations of any of the terms herein. All structures and processes that allow discharges to the city's MS4, as well as records concerning them, shall be made accessible to city personnel for this purpose. Failure to provide access for inspection as provided herein shall constitute a violation of this chapter.

(Code 1986, § 12-9-16; Ord. No. 53-00, § 1, 11-16-2000)

Structural controls and other BMPs used for controlling the discharge of pollutants to the city's MS4 or to waters of the United States shall be operated and maintained so as to function in accordance with permitted design or performance criteria and in compliance with federal, state, or local permit conditions and regulations.

(Code 1986, § 12-9-17; Ord. No. 53-00, § 1, 11-16-2000)

The following activities shall not be considered either an illicit discharge or illicit connection unless such activities cause, or significantly contribute to the impairment of the use of the city's MS4 or the violation of the conditions of NPDES Permit No. FLS000019:

(1)

Discharges from:

a.

Water line flushing;

b.

Flushing of reclaimed water lines;

c.

Street cleaning;

d.

Construction dust control;

e.

Landscape irrigation;

f.

Diverted stream flows;

g.

Rising groundwaters;

h.

Foundation and footing drains;

i.

Uncontaminated groundwater infiltration (as defined at 40 CFR 35.2005(20));

j.

Uncontaminated pumped groundwater;

k.

Discharges from potable water sources;

l.

Air conditioning condensate;

m.

Irrigation waters;

n.

Springs;

o.

Lawn watering;

p.

Individual residential car washing;

q.

Flows from riparian habitat and wetlands;

r.

Discharges or flows from emergency firefighting activities; and emergency fire response activities done in accordance with an adopted spill response/action plan; and

s.

Decanted water from MS4 cleaning operations.

(2)

Discharges which have obtained appropriate federal, state, and local permits and are in compliance with the conditions of these permits.

(Code 1986, § 12-9-18; Ord. No. 53-00, § 1, 11-16-2000; Ord. No. 12-21, § 5, 6-17-2021)

(a)

Sections 12-8-10 through 12-8-18 shall be administered by the mayor, or his or her designee. All persons in violation of these sections shall address such violations immediately upon written notification by the city. Violations shall be addressed by providing a written response to the mayor, outlining the temporary and permanent measures that will be taken to correct the violation and a proposed schedule for completion of the corrective measures. Proposals for corrective action are subject to the approval of the mayor.

(b)

The mayor is authorized to issue cease and desist orders, and orders requiring reasonable remedial actions in the form of written notices sent by registered mail or by hand delivery to the persons responsible for the violation of sections 12-8-10 through 12-8-18.

(c)

Any person who violates sections 12-8-10 through 12-8-18 and/or fails to comply with the requirements of any provision of these sections may be subject to issuance of a civil citation or a notice to appear pursuant to chapter 13-3, or shall be subject to prosecution before the code enforcement board of the city, pursuant to chapter 13-2. Any person violating any of the provisions of sections 12-8-10 through 12-8-18 shall, upon conviction thereof by a court, be punished by a fine not to exceed $500.00 or by imprisonment not to exceed 60 days or by both such fine and imprisonment. Each day of violation shall constitute a separate violation.

(d)

Persons responsible for violation of sections 12-8-10 through 12-8-18 shall be liable for all sampling and analytical costs incurred in monitoring the discharge, and state and/or federal fines imposed as a result of the discharge and costs of removing or properly treating the discharge. All expenses incurred by the city in taking remedial actions shall be reimbursed by the legal or beneficial owner of the property upon which remedial action was taken, and shall constitute a lien against the property until paid, including statutory interest. The city may recover such expenses by any means authorized by law or equity. "Expenses" may include, but not be limited to, costs incurred in ascertaining ownership, consultation fees, mailing or delivery of notices, recording fees, taxable costs of litigation including reasonable attorney's fees, removing or treating the discharge, or other cost of remedying any violation of this section.

(e)

If the persons responsible for the violation fail to take action required herein, the city has the right to take remedial action. All costs incurred by the city in taking such actions shall be reimbursed by the persons responsible for the violation.

(f)

The mayor shall certify that the specific work has been completed and shall then prepare and process a complete assessment of all costs, including, but not limited to, all expenses listed in subsection (e) of this section or other legitimate expenses that may have occurred before, during, or after the proceedings necessary to eliminate the illicit discharge or illicit connection.

(g)

Furthermore, the costs imposed pursuant to this section shall be declared a lien upon the land until paid, and to have equal dignity with other liens for ad valorem taxes. The mayor shall file for public record the claims of liens against the property cleared of the illicit discharge or illicit connection, setting forth the amount of the lien, a description of the property involved, and that the lien is claimed pursuant to the provisions of this section. Monies received from enforcement of the lien shall be collected and deposited in the city's general fund. The lien shall be enforced as otherwise provided for by law.

(h)

In addition to the remedies provided herein, the city is authorized to make application to a court of appropriate jurisdiction for an injunction restraining any person from violating, or continuing to violate, the provisions of sections 12-8-10 through 12-8-18; affirmatively requiring restoration and mitigation for any impacted land or waters, and/or requesting any other appropriate, applicable legal remedy, including reimbursement of court costs.

(i)

The city may elect to take any or all of the above remedies concurrently, and the pursuance of one shall not preclude the pursuance of another.

(j)

Any fines or other funds received as a result of enforcement under sections 12-8-10 through 12-8-18 that are not used for specific purposes set forth in this chapter shall be deposited in the city's general fund.

(Code 1986, § 12-9-19; Ord. No. 53-00, § 1, 11-16-2000)