Ordinance 03-1675
A~ ORDINANCI, 03-1675
AN ORDINANCE OF THE CI'~CY OF LONGWOOD, FLORIDA,
RELATING TO STORMWATE:(t M~iNAGEMENT; REPEALING
CHAPTER 24 "STORMWATER MANAGEMENT", OF THE CITY
CODE OF LONGWOOD, FLORIDA, AND ENACTING A NEW
CHAPTER 24 "STORMWAT)E;R MANAGEMENT"; MAHING
FINDII~IGS, PROVIDING DEFINITIONS, CONTROLLING
STOItMWATER DISCHARGES3 TO THE CITY'S SYSTEM,
REQUIRING TREATMENT AND MANAGEMENT OF
STOItMWATER DISCHARGES; CONTROLLING DISCHARGE
BET`~VEEN INTERCONNECTl~D SYSTEMS; PROHIBITING
ILLICIT DISCHARGES AND ][ELICIT CONNECTIONS,
PRO~i~IDING FOR INSPECTIONS AND MONITORING OF
COMPLIANCE, REQUIRING MAINTENANCE, .PROVIDING
EXEMPTIONS, AND PROVIDING FOR ADMINISTRATION, -
ENFORCEMENT, PENALTIES AND LEGAL PROCEEDINGS;
PROVIDING FOR CONFI;TCrCS, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to Article VIII, Section 2, Florida Constitution (1968), and
Chapter 166, Florida Statues, ~ as amended, the city commission of the City of Longwood, Florida
has all powers of local self-govenunent to perform city functions and to render city services in a
manner not inconsistent with general or special la~.~v, and such power may be exercised by the
enactment of city ordinances; and
WHEREAS, the Federal Clean Water Act, 33 U.S.C. 1251 et seq., requires certain
governmental entities such as the city, to implement stormwater management programs; and
WHEREAS, pursuant to the Federal Clean Water Act, 33 U.S.C. 1251 et seq., the United
States Environmental Protection Agency has published rules for stormwater discharge permits,
and the city has been issued, as co-permittee with Seminole County, City of Altamonte Springs,
City of Winter Springs, City of Sanford, City of Lake Mary, City of Casselberry, City of Oviedo
and Florida Department of Transportation, such a permit; and
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~ WHEREAS„ said permit requires the cite to prescribe legal authority for control of
stormwater pollutiari; and
WHEREAS, said permit requires legislation to establish the regulation and maintenance
of the stormwater management system; and
WHEREAS, the control of the discharge of pollutants into the city's storm sewer system
and the regulation aJZd maintenance of the stormw~iter management system provides a benefit to
the health, safety and welfare of the citizens of the ~,ity and Seminole County;
NOW THE][tEFORE, BE IT .ENACTED BY THE CITY COIVIMISSION OF THE
CITY OF LONG~'OOD, FLORIDA;
SECTION ONE: Chapter 24, "Stormwater M.~.nagement," of the City Code of Longwood,
Florida, be repealed and a new Chapter 24 "Storrr~water Management'; shall hereafter be added
to read as follows:.
ARTICLE I. IN GENERAL
Sec 24-1. Authority
The city is authorized by the Florida Constitutio~i and the provisions of the Florida Statutes,
Chapter 163, Chapter 180 and Chapter 403, to establish and administer programs for stormwater
management, including the control of pollution discharged to the city's storm sewer system.
`y
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Sec 24-2. Intenit
It is the intent of this chapter far the city to establish stormwater management as a city utility in
accordance with Florida Statute 403.0893 and to ec~tablish a program of stormwater utility fees
for stormwater management services to be levied against all property within the city sufficient to
plan, construct, operate, and maintain its stormwate~r management system and to accomplish the
functions of said utility. These functions include, l:~ut are not limited to, maintenance, planning,
design, construction, regulation, surveying, and inspection as they relate to stormwater
management systems and facilities of the city.
Sec. 24-3. Definiaions
For the purposes of this chapter, the following definitions shall apply;. words used in the singular
shall include plural, and the plural, singular; word; used in the present tense shall include the
future tense. The word "shall" is mandatory and not discretionary. The word "may" is
permissive. Words not defined herein shall be construed to have the meaning given by common
and ordinary use.
"Best Management Practices " or "BMP's "means schedules of activities, prohibitions of
practices, maintenance procedures, treatment mel:hods and other management practices to
prevent or reduce pollutants from entering the municipal storm sewer system or being discharged
from the municipal storm sewer system.
"City" means the City of Longwood, Florida.
"City administrator" means the city administrator of the City of Longwood, Florida, or
his or her designee.
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~ "Clean Water Act" or "CWA"means the 1='ederal Water Pollution Control Act, 33 USC
1251 et seq. as amended.
"Commissioners" means the city commissioners of the City of Longwood, Florida.
"Construction Activities" means the alteration of land during construction and includes
such activities as clearing, grading and excavation.
"Contributing runoff" means the area of a parcel from which stormwater will result in
runoff. For the city, the contributing runoff of each parcel is estimated at one hundred (100)
percent of the squaJ~e feet of impervious surface located on the parcel.
"County" means the County of Seminole, F?lorida.
"Department" means 1:he Community Services Department.
"Developed property" means any property altered in appearance by removal of
~ vegetation, grading of the ground surface and the construction of a structure or impervious
surface. ~ ~
"Discharge" means the release of liquid, solid or gaseous material and includes, but is
not limited to, a release, spilling, leaking, seeping, pouring, emitting, emptying and/or dumping
of any substance of material.
"Equivalent drainage unit (EDU)" means the basic unit for the computation of storm
water utility fees. Individual family and individu2,.l multifamily residential properties shall be
equal to one (1) equivalent drainages unit. NonresidentiaU commercial properties will have
EDU's computed on the basis of one (1) EDU equaling two thousand. eight hundred ninety-eight
(2,898) square feet o:Pimpervious areas.
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~ ,
"Feepayer" means the owner or occupant of real property in the city which contributes
stormwater runoff directly or indirectly to and/or which benefits .from the city as stormwater
management system.
` "Illicit Connection." means point source discharge to the city's municipal storm water
system or to waters of the United States, which is not composed entirely of stormwater and/or
which is not authorized by a permit.
"Illicit Discharge" means a discharge to the city's storm sewer ,system or to waters of the
United States which is not composed entirely of stormwater, unless exempted pursuant to this
chapter, and/or a discharge to the city's storm sewer system or to waters of the United. States
which is not in compliance with federal; state and city permits.
"Impervious areas" means those hard surfaced areas which either prevent or severely
restrict 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 <;onditions 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 infiltration
or runoff patterns which existed prior to development, including normal water in ponds and
lakes.
"Industrial Activities " means activities at facilities identified by the United States
Environmental Protection Agency as requiring an 1`IPDES stormwater permit in accordance with
Article 40 Section 122.26 of the Code of Federal Regulations and/or amendments thereto.
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"Interim stormwater utility fee" means the charge for all single-family, multifamily, and
nonresidentiaUcommercial property until such time the stormwater utility fees are determined
and adopted by resolution.
"Multifamily residential properties "shall include all duplex, condominium, apartment,
townhouse, and other properties containing more than one (1) dwelling unit. However,
retirement and publicly assisted housing complexes shall be treated as nonresidentiaUcommercial
properties for calculation of stormwater utility fees.
"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 BMP's 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 collection, treating or
conveying stormwate;r, and that is not part of a publicly owned treatment works (POTV~, as
defined by Article 40 Section 122.2 of the Code of Federal Regulations or any context may
require.
"Nonresidential /commercial properties" shall include all property used for
commercial, industrial, retail, governmental, or other nonresidential purpose(s) and shall include
all real property in the city not classified as single-family or multifamily as defined in this
section.
"Owner, tenant, occupant" shall include tl-,.e executors, administrators, successors, and
assigns of the person referred to; and the covenants and agreements contained in any contract
between the department and its consumers should b~~ binding upon a.n inure to the benefit of the
~ successors, heirs, executors, administrators or assigns of the respective persons thereto.
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~ .Parcel" means the area of land for which -the EDU calculation is determined, including
all buildings and appurtenances situated on the premises.
"Person " means any individual, partnership, firm, organization, corporation, association
or other legal entity, whether singular of plural, as the .context may require.
"Pervious areas " means that area within the city which is, under standard conditions,
permeable to stormwater runoff and surface water.
"Point Source" means any discernible a~.~a confined conveyance including, but not
limited to any pipe, ditch, channel, conduit, well, container, rolling stocks, concentrated animal
feeding operation, vE;ssel or other floating craft from which pollutants are discharged. This term
does not include return flows from irngated agricuN:ure.
"Pollutant" includes, but is not limited to dredged spoil, solid. waste, incinerator residue,
filter backwash, sewage, garbage, sewage sludl;e, munitions, chemical wastes, biological
materials, radioactivf~ materials (except those regulated under the Atomic Energy Act of 1954, as
amended, 42 U.S.C. 2011 et seq.), heat, wrecked or damaged equipment, rock, sand and
industrial, municipal (excepting the city's discharges) and agricultural waste discharged into the
MS4, and not excluding other materials which the city administrator, or his/her representative, or
federal or state regulatory agencies may deem appropriate, to be included.
"Private" me;ans that property or facilities owned by individuals, corporations, and other
organizations and not by a city, county, state, or federal government agency.
"Receiving water" means those creeks, st~•eams, lakes, sinkholes, and other bodies of
water into which surface waters are directed, either .naturally in manmade ditches, pipes, or open
systems.
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~ "Reclaimed l~~ater"means. water that has re~~eived at least advanced secondary treatment
and basic disinfectior.~ and is reused after flowing out ofa wastewater treatment facility.
"Reuse" meaJls the deliberate application of reclaimed water, in compliance. with Florida
Department of Environmental Protection and/or St. Johns River Water Management District
rules for a beneficial ;purpose.
"Runoff" means the surface flow of water which. results from, and occurs following a
rainfall event.
"Service area "means the corporate limits of the City of Longwood.
"Single family residential properties " shall include all single-family detached housing
units. Attached single-family dwellings served ley individual water meters shall also be
considered under this category. All other residential property shall be classified as "multifamily".
"Significant Construction Activities" means construction activities which result in the
disturbance of one (1) acre or more of total land area.. ~ ~
Site mitigation" means all. private facilities constructed on a parcel of land which
.provide for the abatement of stormwater to amounts equivalent to vacant property or standards
prescribed by the city.
"Significant redevelopment" means the alteration of an existing development which
results in the increase; in the discharge of a stormv~~ater facility beyond its previously designed
and constructed capacity, or increased pollution. or changed points of discharge except
emergency repairs.
"Spoil "means illicit discharge.
"Stormwater'" means surface runoff and the discharge of runoff water resulting from
~ rainfall.
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"Stormtivater~ management fee" means the Stormwater management utility fee enacted
herein which is billed on the basis of equivalent drainage units. The fee shall include the base
rate and contribution rate.
"Stormwater management plan "shall mean a plan for receiving, handling, transporting,
and treating storm and surface waters within the cit}~ as adopted by the city commission.
"Stormwater management system " means a system which is designed and constructed
or implemented to control discharges which are necessitated by rainfall events, incorporating
methods to collect, convey, store, absorb, inhibit, great, use or reuse water to prevent or reduce
flooding, over drainage, environmental degradation and water pollution or otherwise affect the
quantity and quality of discharges from the system. The Stormwater management system
includes all natural and manmade elements used t~~ convey stormwater from the first point of
impact with the surface of the earth to a suitable rec~;ding water or location internal or external to
the boundaries of the city. The Stormwater management system includes all pipes, channels,
streams, ditches, wetlands, sinkholes, detention/retention basins, ponds, and other Stormwater
conveyance and treatment facilities whether public or private. Regardless of whether or not the
city shall have recorded rights-of--way or easements, it is presumed that the city has a prescriptive
right of access to all stormwater management facilities for operation, maintenance, rehabilitation,
or replacement.
Stormwater utility evaluation " means a detailed engineering and financial responsibility
analysis of stormwater management plan costs and financial responsibility for all feepayers.
"Vacant" means any piece or parcel of bind that is without any building, stricture,
appurtenance, or improvements.
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~ ~ "Waters of th:e United States" means surface and ground waters as defined by Article 40
Section 122.2 of the Code of Federal Regulations.
Sec. 24-4 Utility established
There is hereby created and established in the city a stormwater management utility in
accordance with Section 403.0893, Florida Statutes. This stormwater management utility shall
be responsible for the city's stormwater managen:~.ent system and shall have equal status with.
other utility services provided by the city.
Sec. 24-5 Duties and powers of the stormwaicer management utility
The stormwater management utility shall have authority over all the drainage from all properties
within the city and shall carry out the following functions:
1) Preparation of plans for improvements and betterments to the stormwater
management system,
(2) Construction of improvements and betterments to the stormwater management
system.
(3) The promulgation of regulations for the use of the stormwater management
system including provisions for the enforcement of said regulations.
(4) Review and approval of all new development permits within the city for
compliance with stormwater management regula~Cions included in the present City Code or
amendments later adopted.
(5) Performance of routine maintenance and minor improvement to the stormwater
management system.
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(6) Recommendation of charges for ~~onnection to and use of the stormwater
management system.
(7) Evaluation of water quality concerns for discharges to the stormwater
management system.
(8) Performance of all normal. utility functions relating to construction, operation, and
maintenance ofthe city's stormwater management system.
See. 24-6 Stormwater utility fees
(a) Schedule of stormwater utility fees. The stormwater management utility is empowered by
this article to recommend charges for the use and discharge to the city's stormwater management
system. Such charges shall be based on the cost within the city of providing stormwater
management service;s to all properties receiving; different classes of service. The city
commission shall adopt and revise, from time to time, a schedule of stormwater utility fees for
stormwater management services to cover funding requirements of utility operations.
(b) Rates for stormwater management service. There is levied against all feepayers for all
real property in the city which contributes stormwater management system a monthly stormwater
utility fee in accordance with the following definitions, methodology, and schedule:
(1) Stormwater utility fees.
a. Single family property stormwater utility fee, per month per
unit $ 3.00
b. Multifamily property stormwater utility fee, per month per unit........$3.00
c. NonresidentaUcommercial property stormwater utility fee:
~ Per EDU per month (if property has mitigation) ..........................$1.00
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Minimum charge per month ..................................................$1.00
Per EDU month (if property lias no mitigation) ...........................$3.29
Minimum charge per month ...................................................$3.29
d. Vacant property will be asse~;sed a stormwater utility fee, as follows:
1. Vacant residential platted property: $1.05/month or $6.30
semiannually per lot.
2. All other vacant property: $1.05/month or $6.30/ semiannually for
every 8,500 sq. ft. or fraction thereof.
The stormwater utilii:y fees shall become effective upon passage.
(2) Stormwater management systems inspection fee. The city shall charge a fee of
fifty dollars ($50.00;) for each inspection of completed stormwater management systems which
were approved for construction by the city.
(3) Billing of stormwater utility and stormwater management systems inspection fees.
Stormwater utility fees and stormwater management system inspection fees imposed by this
article shall be billed in conjunction with the monthly utility bill (for nonvacant properties)
issued by the city's utility billing section. Such fees shall be due and payable at the same time
and in the same maruier and subject to the same penalties as other utility fees.
Stormwater utility fees for vacant property shall be billed seperatly,scmi-annually, on September
1 and March 1.
Any charge due hereunder which is not paid when due shall bear all approved monthly service
charges as provided for elsewhere by ordinance and may be recovered in an action at law by the
city. The feepayer shall be responsible for all costs of collection to include reasonable attorney's
~ fees, whether or not t:he suit is necessary. In addition to any other remedies or penalties provided
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by this ordinance of the city, failure of any user of city utilities within the City of Longwood to
pay said charges promptly when due shall subject such user to discontinuance of utility service
and the city administrator is hereby empowered an<i directed to enforce this provision as to any
and all delinquent users.
The utility fee and inspection fee hereinabove prescribed shall constitute a debt to the city for
which the owner, tenant, and/or occupant shall be jointly and severally liable. The records of the
city shall be kept open for inspection by the owner, tenant, and occupant and it shall be the
responsibility of an owner, tenant, and occupant to ascertain that the prescribed fee or fees are
being paid.
(c) Delinquent clcarges; liens. The city shall have a lien upon the property for which the.
Stormwater utility fef; is assessed for any and all d~;linquent or unpaid Stormwater management
~ utility fees. Enforcement and foreclosure of said li.en(s) shall be as provided by law. The city
shall be entitled to collect reasonable attorney's fees from any feepa}~er, customer or property
owner for services rendered by the city's attorney in the collection of such charges or in the
institution and prosecution of any foreclosure proceedings.
(d) Stormwater utility fee appeal process. Any ~eepayer who feels that the Stormwater utility
fee for his property has been assigned or computed :incorrectly may petition in writing to the city
administrator, or the city administrator's designee, for review of said charges. If the property and
its use is not specified on the applicable fee schedule, the city administrator shall use the fee
applicable to the most nearly comparable type of land use on the fee schedule. If the feepayer
questions the computation of the Stormwater utility fee, then the feepayer shall prepare and
submit to the city administrator, or designee, an independent fee calculation for the property. The
independent fee calculation study shall follow the prescribed methodologies and formats
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~ established by this article and any regulations promulgated hereunder. Independent fee
calculations studies shall be prepared and presented by professionals qualified in their respective
fields. The study shall show the basis upon which. the independent fee calculation was made,
including but not lirruted to surveys, showing the impervious areas, onsite stormwater retention
and stormwater detention areas and internal on,~ite stormwater management systems, and
engineering studies documenting stormwater runoff and proposed credits attributable to the
property. The city administrator or designee shall consider the documentation submitted by the
feepayer but is not required to accept such documentation which he or she shall reasonably deem
to be inaccurate, inapplicable, or not reliable and m.ay, in the alternative, require the feepayer to
submit additional or different documentation for consideration. If any acceptable independent fee
calculation study is not. presented, the feepayer shawl pay the stormwater utility fees based upon
the schedules set forth in this article.
(1) If the feepayer is not satisfied with the determination by the city
administrator or designee; the feepayer, by filing a written request with the. city administrator
within ten (10) calendar days of the city administrator's determination, may request to be heard
by the city commission.
(2) Any adjustment to the. originally determined area shall be retroactive. to
commencement of the charges and fees.
Sec. 24-7 Storan~water management fund
(a) A stormwater management fund is hereby established into which all revenues from user
fees, connection charges, grants, or other funding sources of the stormwater management utility
shall be deposited and from which all expenditures related to the city's stormwater management
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utility shall be paid. Accounting and reporting procedures shall be consistent with state law and
reported to the city commission by the city administrator at least annually.
(b) Expenditures for activities that are not related to the city's stormwater management utility
shall not be permitte;d from the fund except for a prorated charge for general city government
services such as accounting, data processing and management as is in effect for other city utility
funds or common utility expenses accounted for under one (1) utility system.
(c) To the extent that stormwater management fees collected are insufficient to operate or
construct needed starmwater systems, the cost of some may be paid from such city funds as
determined by the city commission. The city commission may order the reimbursement of such
funds if additional fees are thereafter collected.
ARTICLE IL :REGULATION AND MAIN'CENANCE OF 'TIiE STORMWATER
S~'STEiVI
Sec. 24-8. Findings.
It is hereby found, determined and declared as follows:
(1) The contribution of pollutants through discharges from storm sewer systems has a
significant impact on. receiving waters in the city.
(2) Improperly treated discharges from industrial or commercial activities, interconnected
municipal separate sl;orm sewer systems, illicit disehharges and discharges from spilling, dumping
or disposal of material other than stormwater to the municipal storm sewer system of the city
adversely affect the duality of water receiving such discharges.
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(3) The United States Environmental Protection Agency, pursuant to Title 40, Section 122.26
of the Code of Federal Regulations, has mandated the city through the issuance of National
Pollution Discharge 1?limination System (NPDES) hermit to control discharges to the municipal
storm~sewer system and regulate and maintain a stormwater system in order to control the quality
of discharges from the city's storm sewer system to waters of the United States.
Sec. 24-9. Discharges to the municipal separate storm sewer system.
(a) No discharge to the municipal seperate storm. sewer system ("MS4") shall be permitted to
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 Permits.
(b) Stormwater discharges from significant construction activities shall be treated or
managed on site in accordance with appropriate federal, state or local permits and regulations,
prior to discharge to the City's MS4. 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.
(c) Construction activity which is not defined pis significant is still characterized 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 lo~~al, state or federal requirements, including,
but not limited to, NPDES Permits.
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~ (d) The owners or operators of industrial facilities, commercial entities and construction sites
which discharge stormwater to the city's MS4 shall provide prior written notification to the city
of the discharge and shall have received prior approval of the discharge from the city.
Sec. 24-10. Contr. of of pollutant contributions from interconnected municipal storm
sewer systems.
The discharge of stormwater between interconnected state, county, city or other MS4's shall not,
and shall not be permitted to, cause the city's M~>4 to be in violation of the provisions of an
NPDES Permit. Ov,~ners of any portion of the Seminole County interconnected MS4 shall be
responsible for controlling the quality and quantity of discharge of stormwater to the city's MS4.
~ Sec. 24-11. Prohibition of illicit discharges and illicit connections.
(a) Illicit discharges and illicit connections to the city's MS4 are prohibited.
(b) Failure to report a connection from industrial activities, commercial entities or
construction activities to the city's MS4 or to waters of the United States constitutes an illicit
connection.
(c) Failure to report to the city a discharge from industrial activities, commercial entities or
construction activities to the city's MS4 or to wat~;rs of the United States constitutes an illicit
discharge.
(d) Any discharge to the city's MS4 or to water: of the United States which is in violation of
federal, state or local permits or regulations constitutes an illicit discharge.
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~ (e) Persons responsible for .illicit discharges or illicit connections shall immediately cease the
illicit discharge or illicit connection, and obtain appropriate approvals from applicable regulatory
agencies prior to resuming the discharge or connecti~~n.
Sec. 24-12. Prohibition of discharges of polluti~ig matter into storm systems.
(a) It shall be unlawful for any person to drain, deposit, place or otherwise discharge
pollutants into any stormwater system within the city, or to cause or permit to be drained,
deposited, placed or otherwise discharged .into such stormwater systems any organic or inorganic
matter which causes pollution, pursuant to the waiter standards established by all applicable
regulatory agencies. ]Polluting matter includes, but i;~ riot limited to, the following:
(1) Petroleum products, including, but not limited to oil, gasoline and grease;
~ (2) Solid waste (as defined in Chapter 9, Section 102 of the Longwood City
Code); ~ t
' (3) Paints;
(4) Steam cleaning waste;
(5) Pesticides, herbicides or fertilizers;
(6) Degreasers, solvents;
(7) Sanitary sewage;
(8) Chemically treated cooling water;
(9) Antifreeze and other automotive products;
(10) Lawn clippings, leaves, branches, etc.;
(11) Animal carcasses;
(12) Recreation vehicle gray or black waters;
~.y.
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(13) Dyes;
(14) Construction materials;
(15} ltviy liquids in quantity or quality which are capable of causing a violation
of the city's NPDES stormwater permit; and
(16) Solids in such quantities or of ;;uch size capable of causing interference or
obstruction to the flow in the city's stormwater system.
(b) It shall be unlawful to wash any public or private streets, buildings, sidewalks or parking
areas, unless all visib:te debris and sediments have been removed prior to washing. If the
removal of the debris and sediments is not feasible (as determined by the city administrator),
then the street, buildins;, etc., may only be washed wiih the city administrator's written approval,
which may include requirements to clean the affected. drainage pipelines or provide treatment of
wastewater to prevent downstream pollution.
Sec.24-13. Exemptions.
The following activities shall not be considered 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 the city's NPDES Permit:
(1) Discharges from:
a) Water line flushing;
b) Flushing of reclaimed water lines;
c) S'~treet cleaning;
d} Sidewalklbuildingpnwer washing;
e) Construction dust control;
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f)' Landscape irrigation;
g) Diverted stream flows or lake waters;
h) Foundation, footing and roof drains;
i) Swimming pool discharges;
j) Uncontaminated ground water infiltration (as defined by Article 40
Section 35.2005(20) of the Code of Federal Regulations);
k) Discharges from potable water sources;
1) Air conditioning condensate or cooling water;
m) Irrigation water;
n) Springs;
o) Lawn watering;
p) Individual residential car was~aing;
q) Flows from riparian habitat acid wetlands; and
r) Discharges or flow from emergency fire fighting activities and emergency
response activities done in accordasice with adopted spoil response/action
plan.
(2) Discharges for which all appropriate federay, state and local permits have been obtained
and which are in compliance with the conditions of ;;aid permits.
Sec. 24-14. Inspection and monitoring for compliance.
City personnel shall be granted access for inspection of facilities discharging or suspected of
discharging to the city's MS4 or waters of the United States in order to effectuate the provisions
of this ordinance andl 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 the city's personnel for this purpose.
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Sec. 24-15. Maintenance of the stormwater management system.
(a) Structural controls, BMP's, or other elements of the stormwater management system (as
defined by Section 24-3 of this chapter) used for controlling the discharge of stormwater to the
city's MS4 or to waters of the United States shall be operated and maintained by the property
owner so as to function in accordance with permitted design and performance criteria and in
compliance with fede;ral, state and local permit conditions and regulations.
(b) The city administrator may determine that an element of the stormwater system is not in
compliance with permitted design standards if thf; condition of the element prevents it from
performing its intended use to collect, convey, store, absorb, inhibit, treat, or reuse water. Such
conditions include but are not limited to:
~ (1) Overgrown vegetation
(2) Sediment that blocks inlets or outlets ~ ~
(3) Debris blockage
(4) Sediment filling of swales, ditches, or ponds
(5) Manmade obstructions
(c) The owner of any property that contains, in whole or in part, said elements of the
stormwater management system which are not in accordalice with the permitted design standards
shall take corrective actions to bring the elements or pasts of elements which lie on his or her
property into compliance with all permitted design standards. Noncompliance shall constitute a
violation enforceable; under Section 24-17 of this arpicle.
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Sec. 24-16 Prohibition of unauthorized modifications to stormwater systems and site
grading.
(a) It shall be unlawful for any person to modify the original site grade of any property
withiri' the city for rE;sidential, industrial, or commercial use without approval pursuant to the
Longwood Development Code.
(b) It shall be unlawful for any person to modif}~, redirect, or otherwise alter the operation of
any element of the stormwater management syste:m without the city administrator's written
approval. In accordance with Section 24-3 of this chapter, elements of the stormwater
management system include all stormwater conveyance and treatment facilities including, but
not limited to:
1) Swales
~ 2) Outfalls
3) Culverts ~ ~
4) Detention/ retention ponds
5) Pipes
6) Streams
7) Wetlands
Sec. 24-17. Administration, enforcement, penaaties and legal proceedings.
(a) Chapter 24 shall be administered by the city adrr~inistrator.
(b) All persons in violation of Chapter 24 shall proceed to remedy such violations according to
the schedule prescribed by the city administrator. All persons.in violation shall, in addition to all
other required remedial actions, upon detection andJ'or written notification by the city, provide a
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Ordinance
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~ written response to the city adminstrator outlining the temporary and permanent measures that
will be taken to correct the violation and a proposE;d schedule for completion of the corrective
measures within five; (5) business days of receiving notification of the violation. All such
proposals for corrective action are subject to the approval of the city administrator.
(c) The city admi:rustrator is .authorized to issue ;ease and desist orders in the form of written
official notices hand delivered or sent by regist~;red mail to the person(s) believed to be
responsible for the violation and/or the owner of th~;, property from or on which the violation is
believed to be occurring. Specific activities and opf;rations maybe ordered to cease 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 quality of stormwater in the city's MS4; or
~ 2) When irreversible or irreparable harm may result, in the reasonable opinion of
the city administrator,. and immediate cessation of tYie activity is necessary to protect the quality
of the stormwater in the city's MS4, the public or the- environment.
(d) Any person who violates this article and/or fails to comply with the requirements of any
provision of this article shall, without limitation and in addition to the city's legal recourse, be
subject to prosecution before the code enforcement board of the City of Longwood, Florida,
pursuant to the Longwood Development Code. Each day of violation shall constitute a separate
violation.
(e) In addition to any fines which may be imposed by the code enforcement board, persons
responsible for violation of this article .shall be liable for all costs incurred by the city in
sampling, analyzing aJnd/or monitoring the discharge, together with all state and/or federal fines
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~ imposed as a result of the discharge and cost of r~;moving, remedying or properly treating the
discharge.
(f) Should any person responsible for a violation of this article fail to take the remedial
action''as required by the city, the city may, but is r,.ot required to take such remedial action, and
all costs incurred by the city shall be the responsibility of the person or persons responsible for
the violation, and th.e city may record a lien against the personal andlor real property of the
violators to recover said costs and to collect all fine; and penalties imposed.
(g) In addition to the remedies provided herein; the city may make application to a court of
competent jurisdiction for injunctive relief to enjoin or restrain any person from violating or
continuing to violate the provisions of this article. :[n addition, the city may also seek entry of a
court order requiring restoration and mitigation of airy impacted facilities, land or water, and may
request any other appropriate legal remedy, including reimbursement of court costs. The city
shall be entitled to an award of attorney's .fees in prosecuting suchfictions, together with all
attorney's fees and costs on appeal.
(h) Any person vvho willfully or with criminal :negligence violates any of the provisions of
this article shall, upon conviction thereof, be punisl.led by a fine not to exceed $1,000.00 or by
imprisonment not to f;xceed one year, or by both such fine and imprisonment. Additionally, any
person who willfully continues to violate the provisions of this article after receiving written
notification of said violation from the city adminstrator or who fails to comply with the
corrective actions prescribed by the city administrator shall be liable to the city for a civil penalty
of up to
$10,000.00 per day, and in no event less that $1,000.00 per day plus damages, for as long as the
violation continues, together with attorney's fees, court costs and other expenses incurred by the
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Ordinance
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city associated with the enforcement activities, including, but not limited to, sampling and
monitoring expenses.
(i) The city may elect to take any or all of the above remedies concurrently, and. the pursuit
of one shall not preclude the pursuit of another.
(j) Any fines or other funds received as a result of enforcement action under this article and
which are not used for the specific purposes enumerated herein shall be deposited into the
stormwater management fund, established under this; Chapter 24 of the Longwood City Code.
SECTION TWO: CONFLICTS. Any and all ordinances or parts of ordinances in conflict
herewith are and the same hereby repealed.
~ SECTION THREE: SEVERABILITY. If any provision of this ordinance or the application
thereof to any person or circumstances is held invalid, the invalidity shall not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application, and to this end the provisio~ls of this ordinance are declared severable.
SECTION FOUR: :EFFECTIVE DATE. This ordinance shall become effective immediately
upon passage and wile expire on October 1, 2008, unless readopted by the city commission.
FIRST READING this ~~1 ~ day of (J~~l~~ I~ , A.D. 2003.
SECOND RE.~DING this ..'S=am' day of ~ i~~,~!1h~,4', A.D. 2003.
FINAL READING AND ADOPTION this L day of l _ 1V~~~~']~Y~' , A.D. 2003.
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Ordinance
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D~~~~ -
Daniel J. Anderson, Mayor
ATTEST•
~
_ _~J
Sarah I~~Iijares,-~~ity Clerk
Approved as to form and legality for the use .and reliance of the City ofLongwood,
Florida only.
Rich
rd ~
Ta;y~or, Jr., Cit ~ orney
Stormwater Management
Ordinance
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