Chapter 16.5 WATER MANAGEMENT

Art. I. In General, 16.5-1 – 16.5-15
Art. II Water Shortage, 6.5-16 – 16.5-29
Art. III Stormwater, 16.5-30 – 16.5-49
Art. IV Illicit Discharge, 16.5-50 – 16.5-59

ARTICLE I. IN GENERAL

Sec. 16.5-1. Drainage onto streets or property of another.

It shall be unlawful for any person to discharge or drain from any premises or lot, used or occupied by such person, or to permit to be discharged or drained from the premises or lot used or occupied by such person, into any street of the town or onto the property of another through or by means of any ditch, drain, trough, pipe, sewer, or to cause by natural lay of the land or otherwise, any dirty or filthy water, suds, sewage or any filthy fluid of any kind to so drain.
(Ord. No. 14-13, 2, 9-16-14)

Secs. 16.5‑2–16-15. Reserved

ARTICLE II. WATER SHORTAGE

Sec. 16.5‑16. Application of article.

The provisions of this article shall apply to all users of water within the town limits of Indialantic. A user of water is an individu­al, a residence, or a business establishment drawing water from either the municipal water system or a private well, or both. (Ord. No. 81‑297, 1, 8‑18‑81)

Sec. 16.5‑17. Authority to implement.

Implementation of this article shall occur by one of two (2) methods:

(1) Automatically, upon receipt by the town of water shortage conditions, as promulgated by the St. John’s River Water Management District (SJRWMD);

(2) By resolution of the town council, when the council deems that a water shortage condition exists in the town and/or in the immediate service area of the Melbourne city water supply system.

The town manager, upon notice of a water shortage condition by either of the above methods, shall have the duty to monitor imple­mentation of this article, monitor enforcement as described in sec­tion 16.5‑19 herein, and shall have the authority to upgrade or downgrade water shortage condition measures, as described in sec­tion 16.5‑18. The implementation procedures as herein provided may be canceled by the town manager, either upon receipt of notice from the SJRWMD that water shortage conditions no longer exist, or upon similar resolution by the town council. (Ord. No. 81‑297, 2, 8‑18‑81)

___________

*Editor’s note–Ord. No. 81‑297, 1–6, adopted Aug. 18,1981, did not specif­ically amend the Code; hence, inclusion herein as Art. II, 16.5‑16–16.5‑21, was at the editor’s discretion.

Cross reference–Duty of town manager, 2‑137 et seq.

Sec. 16.5‑18. Water shortage conditions.

(a) Condition 1: This is the lowest water shortage condition, the condition normally first implemented upon notice of a water short­age. This condition consists of voluntary cutbacks by users of water. The town manager shall determine the amount of voluntary cut­backs, which shall not be more than fifteen (15) per cent.

(b) Condition 2: This a mandatory reduction of fifteen (15) per cent in water consumption; mandatory constraints shall include:

(1) Residential watering of lawns and shrubs shall be limited to the hours of 6:00 p.m. to 9:00 a.m.;

(2) Commercial watering of lawns and shrubs shall be limited to the hours of 6:00 p.m. to 9:00 p.m. and 6:00 a.m. to 9:00 a.m.;

(3) The use of municipal water for the washing of sidewalks, driveways, porches, exteriors of houses or apartments, or other outdoor surfaces shall be prohibited;

(4) The washing of business or industrial vehicles, equipment and machinery, except as required for the public health, shall be prohibited;

(5) The filling of swimming and wading pools not using a filter and recirculating system, and the operation of any ornamen­tal fountain or other structure using water, with or without recirculating water, is prohibited;

(6) The washing of automobiles, trucks, trailers, motor homes, or any other types of motorized equipment shall be prohibited.

(c) Condition 3: This is a heightened mandatory reduction of at least fifteen (15) per cent in water consumption. Mandatory con­straints shall include:

(1) Residential watering of lawns and shrubs with municipal water, and all commercial watering of lawns and shrubs shall be limited to the hours of 6:00 p.m. to 9:00 p.m.;

(2) Residential watering of lawns and shrubs, using private wells, shall be limited to the hours of 9:00 p.m. to 6:00 a.m.;

(3) The filling of all swimming and wading pools shall be prohib­ited; maintaining water level is permitted;

(4) The washing of sidewalks, driveways, porches, exteriors of houses, apartments, or other outdoor services shall be prohibited;

(5) All other restrictions of condition 2 shall also apply to condi­tion 3.

(d) Condition 4: This is an extreme water shortage condition, requiring extensive water consumption cutbacks; constraints shall include:

(1) All residential and commercial watering of lawns and shrubs shall be limited to the hours of 6:00 p.m. to 9:00 p.m.;

(2) Residences and commercial establishments having street num­bers ending in an odd number shall water only on odd numbered days;

(3) Residences and commercial establishments having street num­bers ending in an even number shall water only on even numbered days;

(4) All other restrictions of conditions 2 and 3 shall also apply to condition 4.

(e) Condition 5: This is an emergency water shortage condition; constraints shall include:

(1) There shall be no use of water, either municipal or private well, for any purpose not related directly to the health and welfare of the residents of Indialantic. (Ord. No. 81‑297, 3, 8‑18‑81)

Sec. 16.5‑19. Enforcement.

For the purpose of enforcing conditions 2 through 5, set out in section 16.5‑18, every town police officer and the town’s building inspector, acting as the Code enforcement officer, shall be author­ized and empowered to enforce the provisions of this article.

During conditions 4 and 5, the town manager shall have the authority to exercise powers of enforcement. (Ord. No. 81‑297, 4, 8‑18‑81)

Sec. 16.5‑20. Penalties.

Violators of restrictions imposed during conditions 2 through 4, as set out in section 16.5‑18 of this article, upon conviction, shall be subject to the following penalties:

(1) First offense. Fine not to exceed twenty‑five dollars ($25.00);

(2) Second offense. Fine not to exceed fifty dollars ($50.00);

(3) Any individual who has been convicted of a violation of this article three (3) or more times during the same water short­age, upon conviction of each offense after the second convic­tion during the same water shortage, shall be punished by a fine not to exceed five hundred dollars ($500.00), or by im­prisonment not to exceed sixty (60) days in the Brevard County jail, or both. Each day of continued violation shall be considered a separate offense.

Violators of restrictions imposed during condition 5, as set out in section 16.5‑18 of this article, upon conviction, shall be subject to a penalty as if the violation was a third or subsequent conviction of violation of the terms of conditions 2 through 4. Each day of contin­ued violation shall be considered as a separate offense. All violators shall first be given proper warning to encourage voluntary compli­ance. (Ord. No. 81‑297, 5, 8‑18‑81)

Sec. 16.5‑21. Exception to maintain sanitation.

The town manager shall have the authority to permit a reason­able use of water in any instance necessary to maintain adequate health and sanitation standards. These permits shall be issued within the sound discretion of the town manager, and shall be issued only upon the showing of good cause, for the uses requested. (Ord. No. 81‑297, 6, 8‑18‑81)

Sec. 16.5.-22 – 16.5-29. Reserved.

ARTICLE III. STORMWATER

Sec. 16.5-30. Short title.

This article shall be known and may be cited as the “Indialantic Stormwater Ordinance.” (Ord. No. 14-13, 2, 9-16-14)

Sec. 16.5–31. Purpose.

The purpose of this Chapter is to consolidate, condense and to simplify the Town stormwater management criteria as it relates to development, re-development, water quality, environmentally sensitive lands, retention and detention of surface water runoff; and to specify the performance standards to be utilized within the Town of Indialantic. (Ord. No. 14-13, 2, 9-16-14)

Sec. 16.5-32. Definitions.

(1) Definitions. For the purposes of this section, the following words and phrases shall have the meanings indicated. The word “shall” is always mandatory.
(a) Agricultural lands shall mean those lands in any agricul¬tural use including forestry for which an agricultural tax exemption has been granted.
(b) Applicant shall mean any person applying for or who has been granted a permit to proceed with a project. (See “person”.)
(c) Aquifer shall mean an underground formation, group of formations, or a part of a formation, that is permeable enough to transmit, store, or yield usable quantities of water.
(d) Clearing means and refers to the removal of vegetation from the land, but shall not include the mowing of grass.
(e) Consulting engineer shall include the terms “professional engineer” and “registered engineer” and shall mean a person with specialized knowledge obtained after long and intensive academic preparation who is registered to en¬gage in the practice of engineering under Florida Statute 471.001 471.039. Such engineer may be an employee of another governmental agency.
(f) Detention or to detain shall mean the collection and tempo¬rary storage of storm water in such a manner as to provide for treatment through physical, chemical, or biological pro¬cesses with subsequent gradual release of the surfacewater.
(g) Design shall mean the plan, shown on the site plan by means of contour lines or other symbols, indicating the direction of the grades of the land so as to retain or detain the surface water.
(h) Development shall mean the construction, installation, demolition or removal of a structure, impervious surface or drainage facility; clearing, scraping, grubbing, killing or otherwise removing the vegetation from a site; adding, removing, exposing, excavating, leveling, grading, digging, furrowing, dumping, piling, dredging or otherwise significantly disturbing or altering soil, mud, sand, or rock of a site; and the modification or redevelopment of a site.
(i) Drainage system, natural drainage system shall mean the system through which water flows; it includes all water¬courses, water bodies, and wetlands.
(j) Engineer, see consulting engineer.
(k) Event shall mean the specific storm which is, or is to be, considered in the design.
(l) Floodplain shall mean the one hundred year floodplain as defined by the Federal Emergency Management Agency.
(m) Groundwater shall mean water below the surface of the ground whether or not flowing through known and defined channels.
(n) Hydrograph shall mean a graph of discharge versus time for a selected outfall point.
(o) Hydrology shall mean a science dealing with the proper¬ties, distribution, and circulation of water on the surface of the land, in the soil and underlying rocks, and in the atmosphere.
(p) Impervious surface shall mean a surface which has been compacted or covered with a layer of material so that it will not permit the passage of water. It includes surfaces such as compacted clay, as well as most conventionally surfaced streets, driveways, roofs, sidewalks, parking lots, and other similar surfaces.
(q) Land means and refers to the earth that lies above the mean high-water line for land subject to tidal inundation, said mean high-water line being computed as set forth in Section 177.27, Florida Statutes, and the ordinary high-water mark for land adjacent to freshwater bodies.
(r) Natural system means and refers to the biological and physical components of the undeveloped land and water which predominantly consist of or use those communities of plants, animals, bacteria and other life systems which naturally occur on the land, in the soil or in the water.
(s) Person shall mean an individual, partnership, corporation, governmental agency, business trust, estate, trust, associ¬ation, two (2) or more persons having a joint or common interest, or any other legal entity.
(t) Retention or to retain shall mean the prevention of, or to prevent, the discharge of a given volume of surfacewater runoff by complete on site storage where the capacity to store the given volume must be provided by a decrease of stored water caused only by percolation through soil, evapo¬ration, or evapotranspiration.
(u) Sediment shall mean solid material, whether mineral or organic, that is in suspension, is being transported, or has moved from its site or origin by air, water, or gravity.
(v) Sedimentation facility shall mean any structure or area which is designed to hold runoff water until suspended sediments have been settled.
(w) Site shall mean any tract, lot, or parcel of land or combina¬tion of tracts, lots, or parcels of land which is in one owner¬ship, or contiguous and in diverse ownership, where devel¬opment is to be performed as part of a unit, subdivision, or project.
(x) Site plan means and refers to the plan which shows the means by which an owner/developer will conform with applicable ordinances. This shall include a subdivision plat.
(y) Surfacewater drainage plan shall refer to the detailed analy¬sis required by Section 16.5-37 herein for each activity.
(z) Surfacewater management system shall refer to the designed features of the property which collect, channel, hold, inhibit, or divert the movement of surfacewater.
(aa) Surfacewater or runoff shall refer to the flow of water which results from, and which occurs during and immedi¬ately following, a rainfall event, the breaking or flushing of a hydrant or water main, the breaking or misdirection of a lawn sprinkler head, or any other source of nonsalt water which results in an over supply of nonsalt water that is not immediately percolated through the soil.
(bb) Swale shall mean a natural or manmade drainage path¬way, which if manmade has a top width to depth ratio of the cross section equal to or greater than six (6) to one or side slopes equal to or greater then three (3) feet horizontal to one foot vertical and has a grade as flat as the topogra¬phy and design condition will allow; and only contains contiguous areas of standing or flowing water following the occurrence of rainfall or flooding; and is planted with vegetation suitable for soil stabilization, surfacewater treat¬ment, and nutrient uptake.
(cc) Town building official or inspector shall mean that indi¬vidual designated by the town to receive and review appli¬cations for land use permits, recommend same for approval or disapproval by the appropriate town authorities, issue permits therefore, and make necessary inspections to see that the provisions of the law are fully observed.
(dd) Town Manager means and refers to the Town Manager or such person as the Town Manager shall designate to act in his place.
(ee) Vegetation means and refers to all plant growth, especially trees, shrubs, vines, ferns, mosses and grasses.
(ff) Water body shall mean any natural or artificial pond, lake, reservoir, or other area which ordinarily or intermittently contains water and which has a discernible shoreline.
(gg) Watercourse shall mean any natural or artificial stream, creek, channel, ditch, canal, waterway, gully, ravine, or wash in which water flows in a definite direction, either continuously or intermittently, and which has a definite channel, bed, or banks.
(hh) Water management structure shall mean a facility which provides for surfacewater runoff and the controlled release of such runoff during and after a flood or storm.
(ii) Water retention structure shall mean a facility which provides for storage of surfacewater runoff.
(jj) Wetlands means and refers to those areas saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a dominance of vegetation adapted for life in saturated soil conditions. For the purpose of this article, wetlands are those areas which support a dominance of wetland vegetation types listed in Chapter 173.022 Florida Administrative Code. (Ord. No. 14-13, 2, 9-16-14)

Sec. 16.5-33. Applicability.

This Chapter shall apply in the incorporated areas of the Town, and to all areas not presently within these corporate limits but which are annexed into the limits whether by future council or legislative action. (Ord. No. 14-13, 2, 9-16-14)

Sec. 16.5-34. Prohibitions.

(1) Drainage; obstructing. It shall be unlawful to obstruct the flow of storm water by obstructing any ditch or drain on the several alleys and streets of the town or any natural drain located within the town.
(2) No person may subdivide or make any changes in the use of land, or construct any system or structure, or change the size of a structure except as exempted in subsection 16.5-36 without first obtaining a permit from the zoning and planning board as provided herein.
(3) Wetlands and other water bodies shall not be used as sediment traps during development. (Ord. No. 14-13, 2, 9-16-14)

Sec. 16.5-35. Permitted Uses.

(1) Wetlands. Provided the use is permitted with St. Johns River Water Management District and other applicable governmental agencies having jurisdiction over development in wetlands, permitted uses include:

(a) Open space.

(b) Fish and Wildlife Management.

(c) Recreation. (Ord. No. 14-13, 2, 9-16-14)

Sec. 16.5-36. Exemptions.

For the purposes of this Article, the following activities shall be exempt from further consideration under the provisions set forth herein.

(1) Residential and/or commercial properties where such land is part of, and the surfacewater management is included in, the overall subdivision site plan or construction plan approval;

(2) Bona fide agricultural pursuits where no artificial drain¬age system will be used to increase the flow of water from the land;

(3) Maintenance work performed for the purpose of public health and welfare;

(4) Any maintenance, alteration, renewal, use, or improvement to an existing structure or systems not materially chang¬ing or affecting the rate or volume of surface water runoff;

(5) Residential construction of tracts, lots, or parcels, where the surfacewater drainage plan has already been approved by the zoning and planning board. (Ord. No. 14-13, 2, 9-16-14)

Sec. 16.5-37. General and Specific Requirements.

(1) Application. An application for development and redevelopment should include the following:

(a) Wetland assessment if warranted or a statement that there are no jurisdictional wetlands. The Town, at its discretion, may require a wetland assessment.

(b) Geotechnical evaluation to include

(1) Depth to wet season water table.
(2) Hydraulic conductivity – horizontal and vertical.

(c) Retention of the 10-year 24-hour rainfall event is required on site. The 10-year 24-hour rainfall to be utilized in the stormwater management analysis is 8”.

(2) System design, construction and maintenance requirements.

(a) Vegetated buffer strips shall be created or, where practicable, retained in their natural state along the banks of all watercourses, water bodies or wetlands where runoff from the buffer cannot be directed to a stormwater management area. The width of the buffer shall be sufficient to prevent erosion, trap the sediment on overland runoff, provide access to the water body and allow for periodic flooding without damage to structures.

(b) Retention/detention basins designed where stormwater is expected to stand as a consideration of design shall use maximum side slopes of five (5) horizontal to One (1) vertical.

(c) Retention/detention basins designed to be dry as a normal condition shall use maximum side slopes of three (3) horizontal to one (1) vertical.

(d) Stormwater systems incorporating below ground storage shall require a site specific stormwater maintenance agreement with the Town to ensure long term function of the system.

(e) The design of water retention or detention structures and flow attenuation devices shall be subject to the approval of the Town building official pursuant to the requirements of this section.

(f) No site alteration shall allow water to become a health hazard or contribute to the breeding of mosquitoes.

(g) In those cases in which the site under consideration is a part of the natural watershed, provision shall be made for waters entering from beyond proposed site limits.

(h) The use of swaled greenways, flow control structures, distilling basins, grease and oil sediment traps and similar devices shall be used to minimize the adverse effects of surface water runoff on both surface and ground waters.

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

(j) Land which has been cleared for development and on which construction has not begun for thirty (30) days shall be protected from erosion and sedimentation by appropriate techniques.

(k) Sediment shall be retained on the site of the development.

(1) Development, including grading and contouring, shall take place in a manner that protects the roots and stability of the trees.

(m) The applicant shall check erosion control practices for stability and operation following every one-quarter inch (1/4″) rainfall event, but not less than weekly. All needed repairs will be made immediately and recorded.

(n) The applicant shall remove sediment build-up from inlet protection devices to ensure proper management and storage capacities. Sediment control devices shall be cleaned or replaced when the device no longer works effectively.

(o) The applicant shall maintain and/or replace as necessary sediment controlling silt fences to maintain a barrier.

(p) The applicant shall maintain, in adequate condition, all vegetated areas to provide proper ground cover to reduce erosion potential.

(q) The applicant shall design the heavy construction equipment parking and maintenance areas so as to prevent oil, grease and lubricants from entering site drainage features, which include stormwater collection and treatment systems.

(1) The applicant shall provide barriers or silt screens around equipment parking areas to contain spills of oil, grease and lubricants.
(2) The applicant shall have available on-site and shall utilize absorbent filter pads or other methods to clean-up spills immediately after such an occurrence.

(r) The applicant shall minimize wind erosion by employing best management practices (BMP’s) which shall include the following and/or other methods as a minimum:

(1) Bare earth areas shall be watered during construction as necessary to minimize the transport of dust, it may be necessary to limit construction vehicle speed if bare earth has not been effectively watered. In no case shall dust be allowed to leave the site that is under construction.

(3) Maintenance. The installed system required by this article shall be maintained by the owner. In certain instances involving critical areas and/or structures, the Town Council may determine that maintenance be performed by the Town. In such circumstances all areas and/or other structures to be maintained by the Town must be dedicated to the Town by plan or separate instrument and accepted by the Council. The system to be maintained by the owner shall have adequate easements to protect the Town to permit and, if necessary, to take corrective action should the owner fail to maintain the system properly. If inspection reveals that the owner is not properly maintaining his system, the Town Building Official shall give the owner, in writing, notice of the corrective action to be taken. Should the owner fail to begin corrective action within thirty (30) days of the notice, the Town may enter upon the property and take the necessary corrective action. For the purposes of this section, the owner shall execute and record a document acceptable to the Town attorney, the document to define the specific person/agency responsible for maintenance of the surface water and ground water retention system, and all other fresh water resources including rain water, management system, how this maintenance is to be performed, and the legal mechanism assuring the perpetuation of the maintenance.

(4) Permitting. A permit is required for those projects/developments, land clearing, and all other activities which must be considered under the provisions of this section, unless exempted by the Town Building Official in accordance with subsection (4) herein. The requirements of this
Surface water management article will be implemented, and must be satisfied completely, prior to final plat or site plan approval.

(5) Permit fees. Section 6-11 of the Town of lndialantic Code of Ordinances applies.

(6) Review by Town Building Official.

(a) The Town Building Official, within five (5) days of submittal, will determine the completeness of the application. Within forty-five (45) days after submission of the completed permit application package, the Town Building Official shall approve, with or without specified conditions or modifications, or shall reject, the proposed plan and shall notify the applicant accordingly. If the Town Building Official has not rendered a decision within forty-five (45) days after plan submission, he must inform the applicant of the status of the review process and the anticipated completion date. If the plan is rejected or modified, the Town Building Official shall state his reasons for rejection or modification. If the applicant feels aggrieved due to rejection, modification, or delay, he may request a hearing before the Town Board of Adjustment.

(b) In cases where the Building Official determines, in his reasonable discretion, that the complexity of the application is such that the Town is unable to administer it, or there will not be sufficient time to be able to comply with the applicant’s time schedule, he may hire a Consulting Engineer in which case the permit fee shall be as per Chapter 6, Article I, Section 6-11 of the Town of Indialantic Code of Ordinances.

(7) Process.

(a) The applicant shall employ general erosion control Best Management Practices (BMP’s) to minimize soil erosion with techniques to be site and plan specific.

(b) The applicant shall install sediment controls including a temporary stabilized construction entrance/exit as the first construction activity.

(c) The applicant shall install silt barriers prior to initiating clearing or earthwork, which shall remain in place until a vegetative cover on all disturbed areas has been established.

(d) The applicant shall maintain the silt barriers, the removal of which will require Building Official authorization. Silt that accumulates behind the barriers and any fill used to anchor the barriers shall be removed concurrently with the removal of the silt barrier by the applicant.

(e) The applicant, after completing final grading for parking areas, will stabilize the area.

(f) The applicant, after completing final grading of the grounds, will permanently vegetate, landscape and mulch said grounds (note: sod is to be placed prior to the removal of silt barriers).

(8) Inspections. Subsequent to the applicant’s satisfying the requirements of this section, and other applicable ordinances, and the issuance of the appropriate permit, the applicant shall, during construction, arrange for and schedule the following inspections by the Town Building Official:

(a) During clearing operation and excavation, to assure that effective control practices relative to erosion and sedimentation are being followed.

(b) All underground conveyance and control structures, prior to backfilling.

(c) Final inspection when all systems required by the applicant’s approved surface water management plan have been installed. (Ord. No. 14-13, 2, 9-16-14; Ord. No. 15-02, 1, 2-11-15)

Sec. 16.5-38. Enforcement.

(1) If the Town Building Official determines that the project is not being carried out in accordance with the approved plan or if any project subject to this section is being carried out without a permit, he is authorized to:

(a) Issue written notice to the applicant specifying the nature and location of the alleged noncompliance, with a description of the remedial action(s) necessary to bring the project into compliance within three (3) working days.

(b) Issue a stop work order directing the applicant or persons in possession to cease and desist all or any portion of the work which violates the provisions of this section, if the remedial work is not completed within the specified time. The applicant shall then bring the project into compliance. (Ord. No. 14-13, 2, 9-16-14)

Sec. 16.5-39. Reporting.

(1) The applicant shall maintain records of construction activities on the job site and copies of these records shall be submitted to the Town prior to issuance of the certificate of occupancy. These records shall include the following:

(a) Dates when grading activities occur.

(b) Dates when major construction activities temporarily cease on any portion of the site.

(c) Dates when stabilization measures are initiated on-site.

(d) Inspection reports, for inspections that shall be completed following every one-quarter inch (1/4″) rainfall event or on a weekly basis, that summarize the qualifications of the inspector, daily rainfall totals and changes necessary to control erosion.

(e) The applicant certification form ensuring that all subcontractors responsible for erosion control measures execute the form (note: a copy of the applicant certification form shall be submitted to the Town prior to the start of any new construction).

(f) Releases of reportable quantities of oil or hazardous materials, if any (note: the applicant shall notify the national response center at 1-800-424-8802, or a more current number, and all appropriate permitting authorities in writing immediately). Should a reportable spill occur, the applicant will modify activity to insure that such a spill does not re-occur. (Ord. No. 14-13, 2, 9-16-14)

Sec. 16.5-40. Erosion Control Examples. (Ord. No. 14-13, 2, 9-16-14)

Figure 1 & 2

Figure 3, 4, 5, & 6

Figure 7 & 8

Sec. 16.5-41. Penalties.

 

(1)  Penalties.  Any person who violates or causes to be violated any provisions of this article or permits any such violation or fails to comply with any of the requirements hereof shall be subject to enforcement action of the code enforcement board, pursuant to Florida Statutes. A separate offense shall be deemed committed on each day during or on which a violation or failure to comply occurs or continues. (Ord. No. 14-13, 2, 9-16-14)

 

Sec. 16.5-42. Emergency Exemption.

 

(1)  This article shall not be construed to prevent the doing of any act necessary to prevent material harm to or the destruction of life, or real personal property, as the result of a present emergency, including but not limited to fire, infestation by pests, or hazards resulting from violent storms or hurricanes or when the property is in imminent peril and the necessity of obtaining a permit is impractical and would cause unique hardship in the protection of life or property.

 

(2)  A report of such emergency action shall be made to the Town Building Official by the owner or the person in control of the property upon which the emergency action was taken as soon as practicable, but no more than ten (10) days following such action. Remedial action may be required by the Town Building Official subject to appeal to the council in the event of dispute. (Ord. No. 14-13, 2, 9-16-14)

Sec. 16.5-43 – 16.5-49.  Reserved.

 

ARTICLE IV:  ILLICIT DISCHARGES

 

     Sec. 16.5-50.  Definitions.

 

(1)  Definitions. For purposes of this section, the following words and phrases shall have the  meaning indicated.

 

(a)     Illicit Discharge (or Illegal Discharge) means any discharge to the Town’s MS4 or to waters of the U.S. which is not entirely of stormwater, unless exempted pursuant to section 16.5-52, or the discharge to the Town’s MS4 or to waters of the U.S. which is not in compliance with federal, state or local permits.

 

(b)     Illicit Connection means either of the following:  1) any drain or conveyance, whether on the surface or subsurface, which allows an illegal or illicit discharge to enter the storm drain system including but not limited to any conveyances that allow any non-storm water discharges including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or 2) any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.

 

(c)     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 and operated by a local government that discharge to waters of the U.S. or to other MS4s, that are designed solely for collecting, treating or conveying storm water and that are not part of publicly owned treatment works (POTW) as defined by 40 CFR 122.2 or any amendments thereto. (Ord. No. 14-13, 2, 9-16-14; Ord. No. 15-5, 7, 8-12-15)

 

    Sec. 16.5-51.  Prohibitions.

 

(1)  Illicit/Illegal Discharges. No person shall throw, drain, or otherwise discharge, cause, or                    allow others under its control to throw, drain, or otherwise discharge into the MS4 any                       pollutants or waters containing any pollutants, other than storm water, whether such                            discharges occur through piping connections, runoff, exfiltration, infiltration, seepage or                     leaks. Polluting matter includes, but is not limited to, the following:

 

(a)     Petroleum products, including, but not limited to oil, gasoline, grease;

(b)     Solid waste;

 

(c)     Paints;

 

(d)    Steam cleaning waste;

 

(e)     Pesticides, herbicides or fertilizers;

 

(f)     Degreasers, solvents;

 

(g)     Sanitary sewage;

 

(h)     Chemically treated cooling water;

 

(i)      Antifreeze and other automotive products;

 

(j)      Lawn clippings, leaves, branches, etc.;

 

(k)     Animal carcasses;

 

(l)      Recreational vehicle waters;

 

(m)    Dyes;

 

(n)     Construction materials;

 

(o)     Any liquids in quantity or quality that are capable of causing a violation of the Town’s NPDES storm water permit; and

 

(p)     Solids in such quantities or of such size capable of causing interference or obstruction to the flow of the Town’s storm sewer system.

 

(2)  Illicit connections.

 

(a)     No person may maintain, use or establish any direct or indirect connection to any storm sewer owned by the Town that results in any discharge in violation of any provision of federal, state, Town of other laws or regulations.

 

(b)     This subsection is retroactive, and applies to illicit connections made prior to the effective date of the article from which this subsection is derived; regardless of whether made under a permit or other authorization, or whether permissible under laws or practices applicable or prevailing at the time the connection was made.

 

(c)     A person is considered to be in violation of this article if the person connects a line conveying sewage to the MS4, or allows such a connection to continue.

(3)  Violation of permits.  Any discharge into the storm water system of the Town in violation of any federal, state, county, municipal or other governmental law, rule, regulation or permit is prohibited, except those discharges set forth in this section or as in accordance with a valid NPDES permit. (Ord. No. 14-13, 2, 9-16-14)

 

Sec. 16.5-52.  Authorized Exemptions.

 

(1)  The commencement, conduct or continuance of any illicit or illegal discharge to the storm drain system is prohibited except as described as follows:

 

(a)     Water line flushing;

 

(b)     Street cleaning;

 

(c)     Landscape irrigation;

 

(d)    Swimming pool discharges;

 

(e)     Uncontaminated pumped ground water associated with storm pipe installation;

 

(f)     Discharges from potable water sources;

 

(g)     Air conditioning condensate;

 

 (h)    Lawn watering;

 

(i)      Individual residential car washing;

 

(j)      Discharges or flows from emergency firefighting activities and emergency response activities done in accordance with an adopted spill response/action plan.

 

The prohibition shall not apply to any non-storm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Florida Department of Environmental Protection, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system. (Ord. No. 14-13, 2, 9-16-14)

 

Sec. 16.5-53 – 16.5-59.  Reserved.

 

 

 

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