(A) Construction sites and construction activities.
(1) Construction sites and operations shall be required to maintain during and after all construction, development excavation or alteration operations, structural and non-structural best management practices with the intent to reduce pollutants and sediment in stormwater runoff.
(2) NPDES permit requirements for construction activity. Any person subject to a construction NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit shall be required in a form acceptable to the Building Official and City Engineer or their designee prior to or as a condition of a subdivision approval, site plan, building permit or development or improvement plan, upon inspection of the facility, during any enforcement proceeding or action, or at any other time.
(3) Construction and operations site plans and permits shall be required and reviewed by the Building Official and City Engineer or their designee prior to the initiation of construction operations. Site plans shall include descriptions of structures, procedures, or control measures designed to reduce and control sediment and pollutant loadings.
(4) Construction or construction operations over any existing or planned stormwater management system or any operations causing interference with any stormwater management system shall not be permitted.
(5) Inspections for monitoring shall be developed to be carried out during and after the construction (as conditions to the permit) to determine and verify compliance with this section.
(B) Industrial sites and industrial activities.
(1) Industrial sites and industrial activities determined by the Building Official to contribute pollutant loadings to stormwater or the stormwater management system shall be inspected and monitored by the Building Official to verify compliance with this section.
(2) NPDES permit requirements for industrial activity: Any person subject to an industrial facility NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Building Official as a condition to obtaining and maintaining a business tax receipt, building permit, upon inspection of facility, during any enforcement proceeding or action, or at any other time.
(3) It shall be unlawful to deposit, spill, dump, or introduce any material or pollutants that may contribute contamination to any surface area, storm sewer system, or stormwater runoff. It shall be unlawful to deposit, spill dump or introduce to any surface area, storm sewer system, or stormwater runoff:
(a) Substances that settle to form sludge or sedimentation deposits.
(b) Floatable or suspended substances such as debris, oil, scum, and other materials.
(c) Any petroleum produce, infectious matter, toxic or hazardous substance or hazardous material onto surface areas or to storm water management systems.
(d) Industrial wastewater, domestic cooling, or any other wastewater into any sewer designated to carry stormwater without prior approval by the City Engineer.
(4) Any site and or activity identified as contributing any material and or pollutants to any surface area, storm sewer system, or stormwater runoff shall be required:
(a) To develop and initiate structural systems and or non-structural management practices designed to reduce and control the contribution or pollutants to stormwater, surface areas or to stormwater management systems.
(b) To be inspected and monitored by the Building Official in order to verify compliance with this section.
(C) Illicit discharges and illicit connections.
(1) Prohibition of illicit discharges. Any dumping, spilling, or discharging of any non-stormwater material to any surface area or stormwater management system shall be prohibited unless allowed by prior written approval from the City Engineer. Prohibited illicit discharges shall require spill response, spill control, and spill clean up as designated and prescribed by the City Engineer.
(2) Prohibition of illicit connections.
(a) The construction, use, maintenance or continued existence of connections to a storm drain system that is not permitted under this code.
(b) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
(D) Litter, littering material. The accumulation, placing, sweeping, scattering, throwing, or dumping of litter, or littering material such as dead plants, yard clippings, stagnant water, rubbish, debris, trash, refuse, including any wrecked derelict or partially dismantled motor vehicle, trailer, boats, machinery, appliances, furniture or similar article, or any unsanitary, hazardous or significant material or other noxious matter upon any surface area, stormwater management system or waterbody within the city is hereby prohibited.
(E) Water management works, erosion control. The city is hereby authorized and empowered to exercise jurisdiction, to control, and to require, construct, reconstruct or improve stormwater management works which provide for the collection, storage, treatment, and conveyance of stormwater including systems such as structural controls, erosion prevention facilities and flood control and management systems within the jurisdiction of the city in compliance with the stormwater management regulations as outlined in this chapter.
(F) Enforcement procedures. It shall be unlawful for any person to violate any of the provisions of this chapter, or any lawful order of the City Engineer, Building Official, or his or her designee.
(G) Determination of compliance or noncompliance. The City Engineer, Building Official, or his or her designee, shall be granted the authority to determine the compliance or noncompliance with this chapter of a stormwater management system or non-stormwater discharge to a stormwater system, water body or surface area. This determination shall not need to be based on investigation, surveillance, monitoring, sampling, testing.
(H) Notice of violation.
(1) Whenever the City Engineer, Building Official or his or her designee, finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the City Engineer or Building Official may order compliance by written notice of violation to the responsible person such notice may require without limitation:
(a) The performance of monitoring, analysis and reporting;
(b) The elimination of illicit connections or discharges;
(c) That violating discharges, practices or operations shall cease and desist;
(d) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
(e) The implementation of source control or treatment BMPs.
(2) If abatement of a violation or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established time designated by the City Engineer or Building Official, the expense thereof shall be charged to the violator.
(I) Remedy for noncompliance.
(1) Upon determination of a violation of this chapter, the city may seek a fine in the maximum amount permitted by law.
(2) Additional charges against the violator may be assessed in an enforcement action in an amount needed to reimburse the city for any environmental damage, mitigation, any cost of remediation and enforcement costs.
(3) Upon determination of a violation of this chapter, the violator shall bear all costs incurred for cleanup, enforcement action and remediation.
(4) Each day during any portion of which a violation occurs constitutes a separate violation.
(5) The city may seek injunctive or other relief to enforce this chapter.
(6) The enumeration of any rights, fines, relief, or causes of action to enforce this chapter shall be supplemental and cumulative to any other rights, remedies, rights to seek fines and imprisonment, or other remedies of the city to enforce its ordinances, including proceeding before the Special Magistrate or prosecution in the Broward County Court with punishment per § 10.99.
(J) Stormwater inspections and monitoring procedures. The city may enter, perform inspections, surveillance and monitoring procedures, within reasonable hours, on and of all structures and premises, and shall have free access to copying or reviewing pertinent records of a facility, system or premises, to ascertain the state of compliance with the laws, rules and regulations of the city, state and federal government regarding compliance as outlined in this chapter.
(1) The compliance personnel of the enforcing agency shall be provided with official identification and shall exhibit such identification when performing inspections.
(2) The owner, operator, lessees, occupant or person in charge of the structure or premises shall give the inspecting officer free access for the purpose of making such inspections without hampering, obstructing, or interfering with such obstruction.
(Ord. 2006-14, passed 1-10-06; Am. Ord. 2007-57, passed 7-10-07)