Although the Town of St. Leo does not operate a municipal stormwater system, the contribution of pollutants through discharges from lands with no stormwater system and storm sewer systems has a significant impact on the receiving waters in the town. Improperly treated discharges from development, industrial and construction activities, interconnected municipal separate storm sewer systems (MS4s) and illicit discharges from spilling, dumping, or disposal of material other than stormwater to the municipal separate storm sewer system will adversely affect the quality of waters receiving such discharges. The United States Environmental Protection Agency (USEPA), pursuant to Title 40, Section 122.26 of the Code of Federal Regulations, has mandated that municipalities provide the legal authority to control discharges to the municipal separate storm sewer system under the national pollutant discharge elimination system (NPDES) permit in order to control the quality of discharges from the municipal separate storm sewer system. Therefore, the town commission finds it necessary and in the public interest to protect the quality of waters receiving stormwater discharges for the health, safety, and general welfare of the citizens of the town.

It is also in the interest of the citizens of the town to ensure that stormwater run-off from development and chemicals utilized for lawn care do not degrade the water quality of Lake Jovita and Finger Bowl Lake or environmentally sensitive lands such as wetlands.

(Ord. No. 11-01, § 2, 1-10-2011)

Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application. Use of the word "shall" means mandatory and not merely discretionary.

A.

Best management practices (BMPs). Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce pollutants from entering the lakes, municipal separate storm sewer system or discharge from the municipal separate storm sewer system. Best management practices include, but are not limited to, treatment methods and practices to control the discharge of pollutants.

B.

Clean Water Act (CWA). Amendments, passed in 1972 by Congress, to the Federal Water Pollution Control Act and commonly referred to as the Clean Water Act (CWA).

C.

Code of Federal Regulations (CFR). The codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government.

D.

Construction activities. Includes such activities as clearing, grading, and excavation.

E.

Development activities. Activities which are conducted on properties designated with land use in accordance with the town comprehensive plan and/or Land Development Code or at facilities identified by the United States Environmental Protection Agency as requiring a national pollutant discharge elimination system stormwater permit under the definition of "storm water discharge associated with industrial activity" in Title 40, Section 122.26 of the Code of Federal Regulations, or any amendment thereof.

F.

Discharge. Includes, but is not limited to, any release, spilling, leaking, seeping, pouring, emitting, emptying, or dumping of any substance or material.

G.

Florida Administrative Code (FAC). An annotated official compilation of the rules and regulations of the State of Florida, published by the Florida Secretary of State.

H.

Illicit connections. Point source discharges to the county's municipal separate storm sewer system or to waters of the United States, which are not composed entirely of stormwater and are not authorized by a national pollutant discharge elimination system permit. Failure of an industrial facility or construction site to notify the town commission of a connection to the town's municipal separate storm sewer system constitutes an illicit connection.

I.

Illicit discharge. Any discharge to a municipal separate storm sewer system or to waters of the United States that is not composed entirely of stormwater, with the exception of discharges which are exempt pursuant to Section 604.7 of this code. Any discharge in violation of a national pollutant discharge elimination system permit shall constitute an illicit discharge.

J.

Impervious surface. An area that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. This includes areas paved with concrete and/or asphalt, but excludes areas that are gravel.

K.

Industrial activities. Activities which are conducted on properties identified by the United States Environmental Protection Agency as requiring a national pollutant discharge elimination system stormwater permit under the definition of "storm water discharge associated with industrial activity" in Title 40, Section 122.26 of the Code of Federal Regulations, or any amendment thereof.

L.

Inspection. Includes, but is not limited to, any on-site physical examination of all facilities and grounds which may discharge to a municipal separate storm sewer system; a review of all records on operation and maintenance of facilities; and the results of any monitoring performed for compliance with state, federal, and local regulations or permit conditions.

M.

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

N.

National pollutant discharge elimination system (NPDES). The federal program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits and imposing and enforcing pretreatment requirements under Sections 307, 402, 318, and 405 of the Clean Water Act.

O.

Person. Any individual, partnership, firm, organization, corporation, association, or other legal entity, whether singular or plural, as the context may require.

P.

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

Q.

Pollutant. Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munition, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 [U.S.C. 2011 et seq.]), heat, wrecked or discharged equipment, rock, sand, and industrial, municipal, and agricultural waste discharged into water.

R.

Stormwater. Surface runoff and drainage of water resulting from rainfall.

S.

Town. Shall mean the incorporated areas of Town of St. Leo, a political subdivision of the State of Florida.

T.

Town commission. The Town of St. Leo town commission or its designee.

U.

Waters of the United States. As defined by the United States Environmental Protection Agency (USEPA) in Title 40, Section 122 of the Code of Federal Regulations, or any amendments thereto.

(Ord. No. 11-01, § 2, 1-10-2011)

A.

Stormwater discharges to the municipal separate storm sewer system and United States waters.

1.

Discharges to the MS4 shall be controlled to the extent that such discharge will not impair the operation of the municipal separate storm sewer system or contribute to the failure of the municipal separate storm sewer system to meet any local, state, or federal requirements. Discharges to waters of the United States shall be controlled to the extent that the discharge will not adversely impact the quality or beneficial uses of the receiving water or result in violation of any federal, state, or local laws.

2.

Any person responsible for discharges determined by the town to be contributing to the degradation or impairment of the MS4, waters of the United States, Lake Jovita, Finger Bowl Lake and/or wetlands, either directly or through a municipal separate storm sewer system, shall provide corrective measures in accordance with a schedule approved by the town and may be subject to paying fines and damages.

B.

Stormwater discharges from development activities and construction sites.

1.

Prior to undertaking any construction, including site preparation, the property owner must obtain approval from the Town of St. Leo or provide to the town an approval letter from the appropriate regulatory agency. All stormwater from all construction sites shall be controlled in such a way as to retain sediment onsite and prevent violations of state water quality standards or national pollutant discharge elimination system permits. All erosion, pollution, and sediment controls required pursuant to the pollution prevention plan of a national pollutant discharge elimination system stormwater permit for construction or required pursuant to a state stormwater permit issued by either the Florida Department of Environmental Regulation (DEP), the Southwest Florida Water Management District (SWFMWD) or the Town of St. Leo shall be properly implemented, maintained, and operated.

2.

Stormwater from areas of development activity shall be treated or managed on-site, using best management practices in accordance with national pollutant discharge elimination system permits or as required and permitted by DEP or SWFWMD, prior to discharging to the MS4, United States waters, Lake Jovita, Finger Bowl Lake and/or wetlands. All stormwater discharges from the site shall be of a quality which will not adversely impact the water quality or beneficial uses of the receiving water.

C.

Control of pollutant contributions from interconnected municipal separate storm sewer systems.

1.

The discharge of stormwater between interconnected state, town, or other municipal separate storm sewer systems shall not impair the quality of the discharge from the receiving municipal separate storm sewer system. Owners of sections of an interconnected municipal separate storm sewer system shall be responsible for the quality of discharge from their portion of the system and shall coordinate with the owners of the downstream segments prior to connections into their system.

(Ord. No. 11-01, § 2, 1-10-2011)

A.

Prohibition of illicit discharges. Any discharge, other than stormwater, to a municipal separate storm sewer system or to waters of the United States which is not exempt under Section 604.7 of this code is considered an illicit discharge as defined in this section and is prohibited.

B.

Reporting illicit discharges or illicit connections. Upon discovery of an illicit discharge or illicit connection, persons responsible for the discharge or the connection shall report their findings by telephone immediately to the town clerk and follow within 48 hours with written notification.

C.

Control of illicit discharges or illicit connections. Persons responsible for illicit discharges or illicit connections shall immediately, upon notification or discovery, initiate procedures to cease discharging or provide suitable containment facilities until modifications are made to properly treat the discharge or a national pollutant discharge elimination system permit is obtained. Such procedures shall include a requirement to obtain approval from the town commission of a schedule for implementing proposed corrective measures.

(Ord. No. 11-01, § 2, 1-10-2011)

A.

Inspection and monitoring for compliance. Town personnel shall be granted access for inspection of facilities discharging or suspected of discharging to the MS4, waters of the United States, Lake Jovita, Finger Bowl Lake and/or wetlands in order to evaluate and investigate the potential for release of materials other than stormwater or potential violations of any of the terms of this code. All structures and processes which allow discharges to the aforementioned facilities as well as records concerning them shall be made accessible to town personnel for monitoring of the quality of the discharges.

B.

Maintenance of control structures. Structural controls and other best management practices used to reduce pollutants in stormwater discharges shall be operated and maintained so as to function in accordance with the permitted design or performance criteria in compliance with national pollutant discharge elimination system or other permit conditions. Operation and maintenance shall be done so as to ensure treatment of stormwater or reduction in pollutants in stormwater discharges consistent with appropriate federal, state, water management district, or local rules or permit requirements.

(Ord. No. 11-01, § 2, 1-10-2011)

The following activities shall be exempt from the requirements of this code:

A.

Discharges from:

1.

Water line flushing;

2.

Landscape irrigation;

3.

Uncontaminated groundwater infiltration (as defined by 40 CFR 35.2005[20]) to separate storm sewers;

4.

Uncontaminated pumped groundwater;

5.

Discharges from potable water sources;

6.

Air conditioning condensation;

7.

Irrigation water;

8.

Springs;

9.

Lawn watering;

10.

Individual residential car washing;

11.

Flows from riparian habitats and wetlands;

12.

Street wash waters;

13.

Discharges or flows from emergency fire fighting activities.

14.

Construction activities where it is reasonable to conclude, based on site conditions, that there will be no off-site transport of sediment or other pollutants.

B.

Discharges which meet the water quality standards of Chapter 62-302, FAC, and any amendment thereto.

C.

Discharges from facilities in compliance with the conditions of all required national pollutant discharge elimination system permits issued under the authority of the United States Environmental Protection Agency.

(Ord. No. 11-01, § 2, 1-10-2011)

A.

Requirement for stormwater management plan.

1.

Unless specifically exempted, modified, or waived pursuant to the town's development review procedures, a stormwater management plan and either a Southwest Florida Water Management District (SWFWMD) permit approval letter or exemption letter shall be submitted to the town before any development approval is granted. The town may require additional stormwater design standards, particularly related to implementing biofiltration and stormwater reuse techniques.

B.

General standards for SWFWMD-exempt development.

1.

To ensure no adverse drainage or flooding impacts on abutting property and minimal impacts on drainage/water quality unto public rights-of-way, Lake Jovita or wetlands, a grading plan must be submitted to the town for approval for any new development. The grading plan shall include a pre-development property survey (including the first 50 feet of adjacent property) with contours (at no greater than two-foot intervals) and a post-development grading plan with contours depicting erosion and sediment control measures; identification of swales and other drainage features to control runoff velocity and enhance water run-off quality; roof runoff direction; and a control and detailed paving and landscape area grading plan.

2.

Where an adjoining property has a structure at a lower elevation than the proposed structure and the existing slope on the adjoining property is sloping downward from the proposed structure, a swale must be provided entirely on the subject property in order to ensure that drainage occurs across the subject property without interference to drainage of the adjoining parcel.

3.

To ensure prevention of wetland and/or lake degradation, staked and entrenched hay bales or other temporary sediment barriers shall be installed during construction activity at the toe of all exposed slopes which meet or exceed four horizontal feet to one vertical foot (4:1) and are within 25 feet of wetlands or any surface water feature not bounded entirely by the limits of the development site. These shall be placed and maintained such that drainage will not overflow or bypass the barrier and shall remain in place until the slope is leveled or permanently stabilized.

C.

Performance and design standards for non-exempt SWFWMD development.

1.

It is the intent of this Code to ensure attainment of the objectives of this Code and to ensure that standards will be met. The design, performance, construction, and maintenance of the drainage system shall be consistent with the following:

a.

Limit the rate of stormwater discharge from new developments to amounts which are equal to, or less than, the rate of discharge which existed prior to development in accordance with the rules of the Southwest Florida Water Management District (SWFWMD).

b.

Stormwater ponds shall utilize biofiltration and stormwater reuse techniques. All stormwater ponds and drainage swales shall be vegetated.

c.

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

d.

No grading, cutting, or filling shall be commenced until erosion and sedimentation control devices have been installed between the disturbed area and water bodies, water courses, and wetlands.

e.

Land which has been cleared for development and upon which construction has not been commenced shall be protected from erosion by appropriate techniques designed to revegetate the area and ensure that sediment shall be retained on the site of the development.

f.

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

g.

Vegetated buffer strips shall be provided or, where practicable, retained in their natural state along the banks of all water bodies or wetlands.

h.

Development, including grading, shall take place in a manner that protects the roots and stabilities of trees as required by the tree preservation standards set forth in this code.

i.

It is the responsibility of the applicant to include in the stormwater management plan all information required for a permit application submitted to SWFWMD for the town commission or its designee to evaluate the environmental characteristics of the affected area, the potential and predicted impacts of the proposed activity on area surface waters, and the effectiveness and acceptability of those measures proposed by the applicant for reducing adverse impacts.

j.

The developer shall be responsible for obtaining any necessary permits for the stormwater management system required by SWFWMD, Pasco County or state or federal agencies prior to the town's issuance of a building permit.

D.

Tank Lake drainage basin of special concern.

1.

The town is located entirely within the Tank Lake drainage basin. Pasco County has designated Tank Lake basin as a closed basin, which means a watershed in which the runoff does not have a surface outfall up to and including the 100-year, ten-day flood level or an open basin with a severe discharge restriction as determined by the board of county commissioners. The Tank Lake basin is delineated on the Town of St. Leo Comprehensive Plan Map Series, Map 5.

2.

In order to address this special concern, the town commission, for non-exempt SWFMWD projects, may require a developer to seek review and approval of the stormwater management plan by Pasco County prior to the town's issuance of a building permit.

(Ord. No. 11-01, § 2, 1-10-2011; Ord. No. 21-03, § 4, 12-14-2020)

A.

This section shall be administered by the town commission or its designee. All persons in violation of this section shall address such violations immediately upon written notification by the town. Violations shall be addressed by providing a written response to the town commission, requesting and outlining the temporary and permanent measures that will be taken to correct the violation and a proposed schedule for completion of each of the corrective measures. Proposals for corrective action are subject to the approval of the town commission or its designee.

B.

The town commission or its designee is authorized to issue cease and desist orders in the form of written official notices sent by registered mail to the person(s) responsible for the violation. Specific activities and operations may be ordered to be ceased based upon the following conditions:

1.

In a situation that may have a serious effect on the health, safety, or welfare of the public or the environment, including the operation of and quality of stormwater in the town's municipal separate stormwater system.

2.

When irreversible or irreparable harm may result, in the opinion of the Town Commission or its designee, and immediate cessation of the activity is necessary to protect the public or the environment, including the operation of and quality of stormwater in the MS4.

C.

Any person who violates any part of this section may be prosecuted and punished as provided by F.S. ch. 162. Each day of the violation shall constitute a separate offense, punishable by a fine not to exceed $500.00 or by imprisonment not to exceed 60 days, by both such fine and imprisonment to the limits as set forth in F.S. ch. 162, the fines shall be as set by the town commission.

D.

In addition to any fines which may be imposed by this section, persons responsible for a discharge which adversely impacts a receiving water shall be liable for all sampling and analytical costs incurred in monitoring the discharge, any state or federal fines imposed as a result of the discharge, and the cost of removing or properly treating the discharge for complete restoration of the quality of all receiving waters to the extent in which they were impaired.

E.

In addition to the remedies provided herein, the town is authorized to make application in a court of appropriate jurisdiction for an injunction restraining any person from violating, or continuing to violate, any provisions of this section. Such application for injunction may also seek entry of a court order requiring restoration and mitigation for any impacted land or waters.

F.

The town may elect any or all of the above remedies concurrently, and the pursuance of one shall not preclude the pursuance of another, or any other remedy allowed by law.

G.

Any fines or other funds received as a result of enforcement under this section which are not used for specific purposes set forth in this section shall be deposited in the town's general fund.

(Ord. No. 11-01, § 2, 1-10-2011; Ord. No. 21-03, § 4, 12-14-2020)