[Added 9-28-1993 by Ord. No. 93-16]
As used in this Article, the following terms
shall have the meanings indicated:
The Director of the Department of Community Improvement.
Any direct or indirect entry of any solid, liquid or gaseous
matter.
Any discharge to a storm sewer system that is not composed
entirely of stormwater, except discharges pursuant to a valid National
Pollutant Discharge Elimination System (NPDES) permit (other than
NPDES permit for discharges from the MS4) and discharges resulting
from fire-fighting activities.
Any area or facility used for manufacturing, processing or
raw material storage, as defined under 40 CFR 122.26(a)(14) or regulations
of the United States Environmental Protection Agency.
Water which results from a rainfall event, and stormwater
as defined under 40 CFR Parts 122, 123 and 124 Supplementary Information
VI(B).
The system of conveyances used for collecting, storing and
transporting stormwater located within the boundaries of the city
regardless of ownership, but not including the sanitary sewer system.
A.
General prohibitions. Except as set forth in Subsection C or as in accordance with a valid NPDES permit, any discharge to the stormwater system that is not composed entirely of stormwater is prohibited.
B.
Specific prohibitions. Any discharge to the stormwater
system containing sewage, oil or petroleum products, grass clippings,
fertilizers, paints or paint solvents, industrial waste or other waste
materials or containing any materials in violation of federal, state,
county or municipal laws, rules, regulations, orders or permits is
prohibited.
C.
Authorized exceptions. Authorized exceptions shall
be flows from fire fighting, including training exercises, waterline
flushing and other contributions from potable water sources, landscape
irrigation and lawn watering, including reclaimed water, authorized
diverted stream flows, rising ground water, direct infiltration to
the stormwater system, uncontaminated pumped ground water, foundation
and footing drains, water from crawl space pumps, air-conditioning
condensation, springs, individual residential car washing, flows from
riparian habitats and wetlands and dechlorinated swimming pool contributions.
D.
Illicit connections. No person shall maintain, use
or establish any direct or indirect connection to the stormwater system
that results in any discharge in violation of this Article. No cross-connection
between the sanitary system and the storm sewer system is permitted.
This prohibition is retroactive and applies to connections made in
the past, regardless of whether made under a permit or other authorization,
or whether permissible under laws and practices applicable or prevailing
at the time connection was made.
As soon as any person has knowledge of any discharge
to the stormwater system in violation of this Article, such person
shall immediately notify the Director by telephoning (813) 347-4171;
or if after business hours spills should be reported to the South
Pasadena Fire Department by telephoning (813) 344-1666. Any persons
directly responsible for or any person who is the proximate cause
for such discharge shall take immediate action to ensure the containment
and cleanup of such discharge. In the event that the Director deems
it necessary for the city to participate in the containment or cleanup
to prevent further discharge, the person or persons responsible for
the discharge shall reimburse the city for the cost of the containment
and cleanup. Spill notification must be followed up in writing within
three (3) days of the telephone notification. The written notification
must include the location of the spill, the substance or substances
involved, the approximate quantity of the spill, if known, and what
steps have been taken to contain or clean up the spill, a description
of how the spill occurred and the name and address of the person or
persons believed to be responsible for the spill. Written notification
shall be mailed or hand-delivered to the Director of the Department
of Community Improvement, 7047 Sunset Drive South Pasadena, Florida
33707.
Any person who holds a National Pollutant Discharge
Elimination System (NPDES) permit for stormwater shall provide a copy
of such permit to the Director no later than the later of January
1, 1994, or sixty (60) calendar days after issuance.
A.
Authority for inspections. Whenever necessary to make
an inspection to enforce any of the provisions of this Article or
regulation, or whenever an authorized official has reasonable cause
to believe there exists any condition constituting a violation of
any of the provisions of this Article, any authorized official may
enter property, building or facility at any reasonable time to inspect
the same or to perform any duty related enforcement of the provisions
of this Article, provided that if such property, building or facility
is occupied, such authorized official shall first present proper credentials
and request permission to enter, and if such property, building or
facility is unoccupied, such authorized official shall make reasonable
effort to locate the owner or other person having charge or control
of the property, building or facility and shall request permission
to enter. Any request for permission to enter made hereunder shall
state that the owner or person in control has the right to refuse
entry and that in such event that entry is refused, the authorized
official may enter to make inspection only upon issuance of a search
warrant by a duly authorized Magistrate. If the owner or person in
control refused permission to enter after such request has been made,
the authorized official is hereby authorized to seek assistance from
any other authorized official, including the Pinellas County Sheriff,
to obtain a search warrant from a court of competent jurisdiction.
Routine or area-wide inspections shall be based upon such reasonable
selection process as may be necessary to carry out the purposes of
this Article, including but not limited to random sampling and sampling
in areas with evidence of stormwater contamination, nonstormwater
discharges or similar factors.
B.
Authority for sampling. Any authorized official may
establish on any property such devices as are necessary to conduct
sampling or metering of discharges to the stormwater system. During
any inspections made to enforce the provisions of this Article any
authorized official may take any samples deemed necessary.
C.
Requirements for monitoring. The Director may require
any person engaging in any activity or owning property, building or
facility (including but not limited to a site of industrial activity)
to undertake such reasonable monitoring of any discharge(s) to the
stormwater system and to furnish the city periodic reports.
The Director or his/her designee is authorized to take all actions necessary to enforce the provisions of this Article, including issuance of notice of violation and prosecution of Code enforcement actions, the filing of court actions, the seeking of injunctive relief as well as damages and the seeking of penalties and punishment in accordance with provisions set forth in Chapter 1, General Provisions, Article II, of the Code.
