3544 ORDINANCE NO. 3544
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING THE CITY OF SANFORD, CITY CODE, AS
FOLLOWS: AMENDING CHAPTER 18, ARTICLE V,
SECTION 18-87, "SCHEDULE OF VIOLATIONS" TO ADD
SEC. 28-380 REGARDING STORMWATER DISCHARGES;
AMENDING CHAPTER 28, ARTICLE I, SEC. 28-1.2(a),
"DEFINITIONS," BY DELETING "STORM SEWER"; AND
AMENDING CHAPTER 28, ARTICLE XII, SECTION 28-371
"DEFINITIONS" BY ADDING CERTAIN TERMS AND BY
ADDING SEC. 28-380, "STORMWATER DISCHARGES TO
THE MS4 WATERS OF THE UNITED STATES";
PROVIDING FOR SEVERABILITY, CONFLICTS AND
EFFECTIVE DATE.
WHEREAS, the Countywide EPA NPDES "Separate Stormwater System Permit"
prohibits non-stormwater discharges to the stormwater system, but allows the City of
Sanford to identify some allowable non-stormwater discharges to the stormwater system
where they are not identified as a source of pollutants to the waters of the United States;
WHEREAS, the City is required by the EPA NPDES permit to submit documentation
of enhanced legal authority to control stormwater pollution;
WHEREAS, the City Commission of the City of Sanford, Florida, deems it in the best
interests to amend Chapters 18 and 28, of the City of Sanford City Code, as required by
the EPA NPDES "Separate Stormwater System Permit";
NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA AS FOLLOWS:
SECTION 1: Sec. 18-87, Schedule of Violations, of Chapter 18, Article V, is hereby
amended by adding the following:
Sec. 18-87. Schedule of Violations.
Chapter/Section Code Requirement Class
Sec. 28-380 Stormwater Discharges to the MS4 and Class III
Waters of the United States.
SECTION 2: Sec. 28-1.2(a), Definitions, of Chapter 28, Article I, is hereby deleted
in its entirety and replaced with the following:
Sec. 28-1.2. Definitions.
Unless the context specifically indicates otherwise, the meaning of terms
used in this article shall be as follows:
(a) Illegaldumping shall mean any unauthorized discharge into
any part of the city utility system, whether directly or indirectly.
Illegal dumping shall include, but not be limited to, discharge
of waste from recreational vehicles, septic tanks, trucks and/or
commercial cleaning vehicles into the sanitary sewer system;
commercial or industrial waste discharge without prior written
approval from the city; and discharge of dye, oil, solvent, toxic
or hazardous chemicals or other waste into any lake or river
within the jurisdiction of the city.
SECTION 3: Sec. 28-371, Definitions, of Chapter 28, Article XII, is hereby deleted
in its entirety and replaced with the following:
Sec. 28-371. Definitions.
The following words when used herein shall have the meanings indicated,
unless the context clearly indicates otherwise:
(a)
Administrative Official - The City of Sanford City Manager shall
appoint an Administrative Official who shall be charged with the
authority to administer this Ordinance and to enforce the regulations
Ordinance 3544
Page 2
(b)
(O)
(d)
(e)
(f)
(g)
and procedures contained herein. The Administrative Official, in the
performance of his duties and functions, may enter upon any land and
make examinations and surveys that do not occasion damage or
injury to private property. For the purpose of performing any of the
duties and functions necessary to administer and enforce this
Ordinance, the Administrative Official may appoint any appropriate
persons as deputies who shall have and exercise the authority of the
Administrative Official, except the authority to appoint deputies.
Beneficiaries of drainage service shall include all developed real
properties and undeveloped real properties platted or zoned for
development as a residential, commercial, industrial, or higher use
within the City of Sanford which benefit by the provision of
maintenance, operation and improvement of the stormwater control
system and all newly developed real properties which will ultimately
benefit from the overall city drainage systems in both tangible and
intangible benefits. Such benefits may include, but are not limited to,
the provision of adequate systems of collection, conveyance,
detention, retention, treatment and release of stormwater, the
reduction of hazard to property and life resulting from stormwater
runoff, improvement in the general health and welfare through
reduction of undesirable stormwater conditions and improvements to
the water quality in the storm and surface water system and its
receiving waters.
Best Management Practices or BMP's mean schedules of 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.
City - City of Sanford, Florida.
Clean Water Act or CWA - Public Law (PL) 92-500, as amended PL
95-217, PL 95-576, PL 6-483 and PL 97-! f 7, 33 U.S.C. 125f et seq.,
as amended by the Water Quality Act of:~987, PL ~00-4.
Code Enforcement Officer- City employee positions and employee
positions of City Officers who have been designated as Code
Enforcement Officers by the City Commissioners.
Commissioners ~ City Commissioners of City of Sanford, Florida.
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(h)
(i)
(j)
(k)
¢)
(m)
(n)
(o)
(p)
(q)
Construction Activities- The alteration of land during construction and
includes such activities as clearing, grading and excavation.
County- Seminole County, Florida.
Contributors of drainage waters shall include all real properties within
the city.
Detention means the collection and temporary storage of stormwater
with subsequent gradual release to surface water conveyances at a
controlled rate.
Director means the director of Public Works
Discharge ~ 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.
Developedshall mean any property altered in appearance by removal
of forty (40) per percent of its vegetation, grading of the ground
surface or construction of a structure or impervious surface except
agricultural property in an agricultural zoning district.
Equivalent residential unit (ERU) means the average impervious area
in square feet for all residential dwelling units in the city and the basic
unit for the computation of stormwater management utility fees, as
established by resolution of the city commission.
Fee means the stormwater management utility fee enacted herein
and set by separate resolution of the city commission.
Hydrologic response means the manner and means by which
stormwater collects upon real property and is conveyed from real
property, and which is a function dependent upon a number of
interacting factors including, but not limited to, topography,
vegetation, surficial geologic conditions, antecedent soil moisture
conditions and ground water conditions.: The principal measures of
the hydrologic system may be stated in terms of total runoff volume,
as a percentage of total precipitation which runs off, or in terms of
-the peak rate of flow generated in the event of a storm of given
duration and intensity, or statistical interval of return (frequency).
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(r)
(s)
(t)
(U)
(V)
(W)
Illicit Connection - Point source discharges to the City's MS4 or to
waters of the United States, which are not composed entirely of
stormwater and are not authorized by a permit.
Illicit Discharge - The discharge to the City's MS4 or to waters of the
United States which is not composed entirely of storm water, unless
exempted pursuant to this Ordinance, or the discharge to the City's
MS4 or to waters of the United States which is not in compliance with
federal, state or local permits.
Impervious areas means those hard surfaced areas which either
prevent or retard the entry of water into the soil mantle, as it entered
under natural conditions prior to development, and/or cause water to
run off the surface in greater quantities or at an increased rate of flow
from that present under natural conditions prior to development.
Common impervious surfaces include, but are not limited to, rooftops,
sidewalks, walkways, patio areas, driveways, parking lots, storage
areas and other surfaces which similarly impact the natural infiltration
or runoff patterns which existed prior to development.
Industrial Activities - Activities at facilities identified by the United
States Environmental Protection Agency as requiring an NPDES
stormwater permit in accordance with 40 C.F.R. §122.26 or
amendments thereto, or any unit operation, complex, area or multiple
of unit operations that produce, generate, handle, process or cause
to be processed, any materials which may cause water pollution.
Multiple dwelling unit means a building or facility consisting of more
than one dwelling unit, each such unit:consisting of one or more
rooms with bathroom and kitchen facilities designed for occupancy by
one family, regardless of whether more than one unit in such building
or facility is served by a single water meter.
Municipal Separate Storm Sewer System, or MS4 - 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
MS4's, that is designed solely for collecting, treating or conveying
stormwater and that is not part of publicly owned treatment works
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(X)
(y)
(Z)
(aa)
(bb)
(CO)
(dd)
(ee)
(POTW) as defined by 40 C.F. R. §122.2 or any amendments thereto.
Nonresidential unit means any building, structure or facility used other
than aS a residential dwelling unit.
Open drainage way means a natural or manmade open-cut which has
the specific function of transmitting natural stream water or storm
runoff water from a point of higher elevation to a point of lower
elevation, such as swales, ditches, canals, streams and creeks.
Peak flow means the highest instantaneous rate of stormwater runoff,
measured or estimated in cubic feet of water per second. It is
differentiated from total flow volume by the introduction of a unit of
time measure during which the maximum rate of flow is measured,
calculated or estimated.
Person - Any individual, partnership, firm, organization, corporation,
association or other legal entity, whether singular or plural, as the
context may require.
Point Source - Any discernable 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- 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 ~954, as amended, 42
U.S.C. 20f let seq.), heat, wrecked or damaged equipment, rock,
sand and industrial, municipal and agricultural waste discharged into
the MS4.
Reclaimed Water- Water that has received at least advanced
secondary treatment and basic disinfection and is reused after flowing
out of a wastewater treatment facility.
Residential dwelling unit means one or more rooms with bathroom
and kitchen facilities designed for occupancy by one family such as
houses, townhouses, apartment units, duplex units, condominiums,
zero lot line units, mobile homes, etc., where the units are sold,
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(ff)
(gg)
(hh)
(ii)
Cij)
(kk)
(11)
(mm)
(nn)
deeded or leased as single-family units whether or not they have
individual water meters.
Retention means the prevention of discharge of a given volume of
stormwater runoff by complete on-site storage. Removal of the water
is caused only by percolation with or without underdrains,
evaporation, or evapotranspiration.
Reuse - The deliberate application of reclaimed water, in compliance
with Florida Department of Environmental Protection and St. Johns
River Water Management District rules, for a beneficial purpose.
Runoff- The surface flow of water which results from and occurs
following a rainfall event.
Significant Construction Activities - Construction activities which result
in the disturbance of five (5) acres or more of total land area.
Significant Re-development The alteration of an existing
development which results in the increase in 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- Illicit discharge.
Stormwater - Surface runoff and the discharge of runoff water
resulting from rainfall.
Stormwater control system means any and all structures or
appurtenances used in the control, treatment or conveyance of
stormwater. Common Systems include, but are not limited to,
retention and/or detention ponds, swales, inlets, pipes, gutters, filters,
weirs and other control structures. "
Total flow means the accumulative volume of stormwater discharged
from a property, basin, or watershed. The total flow is quantified in
measures such as acre feet or cubic feet of water, over a stated
period of time.
(oo) Undeveloped means a piece or parcel of land that is not developed
as defined herein, and is without any building, structure,
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(pp)
(rr)
appurtenance, impervious area, or improvement. It does not mean
recreation, green, or open space created around private or public
facilities, and parcels connected thereto or contiguous with such
facilities for such reason.
Undeveloped, platted or zoned for development shall mean those
parcels of real property which have been platted or zoned for
development as a residential, commercial, industrial or higher use,
but have not been "developed" as that term is defined herein.
Utility means the stormwater management utility.
Waters of the United States - Surface and ground waters as defined
by 40 C.F.R. §122.2.
SECTION 4: Chapter 28, Article XII, Stormwater Management Utility Program, is
hereby amended by adding Sec. 28-380, as follows:
Sec. 28-380 Stormwater Discharges to the MS4 and Waters of the United
States.
1. Stormwater Discharges
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. FLS000038. 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 NPDES Permit No. E'LS000038; and
Stormwater discharges to the MS4 from new development or
site of significant redevelopmerit 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.
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
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NPDES Permit No. FLS000038, shall provide corrective
measures as approved by the Administrative Official and may
be subject to paying fines and damages.
Stormwater Discharges from Industrial and Construction Activities.
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.
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 an NPDES permit for the discharge of stormwater from
construction activities, or according to a state permit issued by
the Florida Department of Environmental Protection or St.
Johns River Water Management District.
Co
Construction activity which 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.
FLS000038. :
The owners or operators of industrial facilities and construction
sites which will discharge stormwater to the City's MS4 or to
waters of the United States within the City limits shall provide
written notification of the connection or discharge prior to the
discharge from the industrial activity or construction activity.
Control of Pollutant Contributions from Interconnected MS4's - The
discharge of stormwater between interconnected state, county, City
or other MS4's shall not cause the City's MS4 to be in violation of the
provisions of NPDES Permit No. FLS000038. 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
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o
agreements controlling the discharge of stormwater from one MS4 to
another.
Prohibition of Illicit Discharges and Illicit Connections.
ao
Illicit discharges and illicit connections, not exempt under the
provisions of this Ordinance, am prohibited.
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.
Co
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.
Any discharge to the City's MS4 or to waters of the United
States which is in violation of federal, state or local permits or
regulations constitutes an illicit discharge.
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.
Inspection and Monitoring for Compliance. City personnel and City
agents 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 Ordinance and to
investigate violations or potential violations of any of the terms herein.
All structures and processes which allow discharges to the City's
MS4, as well as records concerning them, shall be made accessible
to City personnel and City agents for this purpose.
Maintenance of BMP's. Structural controls and other BMP's 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.
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Exemptions. 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 riPDES Permit No. FLS000038.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
Discharges from:
Water line flushing;
Flushing of reclaimed water lines;
Street cleaning;
Construction dust control;
Landscape irrigation;
Diverted stream flows;
Rising ground waters;
Foundation and footing drains;
Swimming pool discharges;
Uncontaminated ground water infiltration (as defined at 40 C.F.R.
§35.205(20));
Uncontaminated pumped ground water;
Discharges from potable water sources;
Air conditioning condensate;
Irrigation water;
Springs;
Lawn watering;
Individual residential car washing;
Flows from riparian habitat and wetlands; and
Discharges or flows from emergency fire fighting activities and
emergency response activities done in accordance with an adopted
spill response/action plan.
Discharges which have obtained appropriate federal, state and
local permits and are in compliance with the conditions of
these permits.
Enforcement, Penalties and Legal Proceedings.
This Ordinance shall be administered by the Administrative
Official or his designee and enforced through the City's code
enforcement procedures. All p~rsons in violation of this
Ordinance shall address such violations immediately upon
written notification by the City. Violations shall be addressed
by providing a written response to the City, outlining the
temporary and permanent measures that will be taken to
correct the violation and a proposed schedule for completion
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bo
of the corrective measures· Proposals for corrective action are
subject to the approval of the Administrative Official and the
City's code enforcement procedures.
The Administrative Official or his 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:
In a situation that may have a serious effect on the
health, safety or welfare of the public or the
environment, including the quality of stormwater in the
City's MS4; or
When irreversible or irreparable harm may result, in the
reasonable opinion of the City, and immediate
cessation of the activity is necessary to protect the
public or the environment, including the quality of
stormwater in the City's MS4.
Any person who violates this Ordinance and/or fails to comply
with the requirements of any provision of this Ordinance shall
be subject to prosecution before the Code Enforcement Board
of the City of Sanford, pursuant to Article V, "Code
Enforcement Citations, '~ City of Sanford Code, or successor
provisions. Each day of violation shall constitute a separate
violation.
In addition to any fines which may be imposed by the City of
Sanford Code Enforcement Board, persons responsible for
violation of this Ordinance 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.
If the persons responsible for the violation fail to take action
required here·n, 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. In addition to the remedies provided here·n, the City is
Ordinance 3544
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authorized to make 'application in a court of appropriate
jurisdiction for an injunction restraining any person from
violating, or continuing to violate, provisions of this Ordinance.
In addition, the City may also seek entry of a court order
requiring restoration and mitigation for any impacted land or
waters or request any other appropriate, applicable legal
remedy, including reimbursement of court costs.
In accordance with Article V, "Code Enforcement Citations,"
City of Sanford Code, any person violating any of the
provisions of this Ordinance shall, be liable for a Class III civil
penalty under Article V "Code Enforcement Citations, "City of
Sanford Code, or successor provisions. Further, each
violation of this Ordinance shall constitute a misdemeanor and
be punishable as provided by general law for violation of City
ordinances.
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.
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 General Fund of
the City in the penalty, fine and forfeiture account.
SECTION 5: SEVERABILITY: If any provision, paragraph, word, section or article
of this Ordinance is invalidated by any court of competent jurisdiction, the remaining
provisions, paragraphs, words, sections, and chapters shall not be affected and shall
continue in full force and effect.
SECTION 6: CONFLICT: All other Ordinances and parts of other Ordinances
inconsistent or conflicting with any part of this Ordinance are hereby repealed to the extent
of such inconsistency or conflict.
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SECTION 7: EFFECTIVE DATE: This Ordinance shall become effective 90 days
after adoption upon its passage.
this~eekj~ ~ ~(~.¢Y
PASSED AND ADOPTED day of ~ ~-4~x 000.
ATTEST:
As the City Commission of the
City of Sanford, Florida.
CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify
,,9",~(A~/2 , 2000, w s posted at he front d~Por ~f the C;ty Hall ~City of
of Sanford, Florida
i:~ah~files~000~anford~ord~35~
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