ordinance no. 440 an the town of juno beach, …pbco-npdes.org/npdesordinances/juno beach, town...
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ORDINANCE NO 440
AN ORDINANCE OF THE TOWN OF JUNO BEACH PALM BEACH COUNTY FLORIDA ADOPTI NG PROVISIONS RELATI NG TO USE OF THE ST ORXWATER SYSTBX i PROHIB ITI NG CERTAIN DI8CDRGES I )I1O TO 8T0RKW1TZR SYSTZk PROVXnIG POR BHPORCBKZHT PROVXnXHG roa rH8PBCTXOBS ampBD XO_XTOaIRG PRovxnIG roa 8BVDABILIlY DlCLUSIOB I CODB All U~ZCTIVZ DAT um POR 0lJlD PtJlUtOSbullbull bull
WBER~ the federal Clean Water Ac t (3J USC 12 5 1 at seq) as impl emented by r egulations of the us Environmental Protection Aqency a dopted November 16 199 0 (40 CFR Part 1 2 2) make necessary the adopti on ot local ordinance prov iSions relatin9 to the stormwater System a nd
nuDS the Town of Juno Beach is seeking to c omply with all provisions of federal and state law and
WIUDlZA8 the Town Council has conducted a l egally not iced publ ic hearing and has provided all interested parties an opportunity to be heard on these ordinance provisions
)10 lKDUOU THE Ton comrCl L 01 THE TOD O~ JUlIO BO CK DOBS OGU AS IOLLOS
ARTICLE 10 TITLE PURPOSE AND DEFI NITIONS
This ordinance shall be known as the Town of Juno Beach Initial Stormwater Control Ordinance and may be so cited
Section 11 Purpose and I ntent
The purpose of this ordinance is to promote the h ealth satety and general weltare of the inhabitants of the Town of Juno Beach This or dinance is intended to comply with f ederal and state law and regulations regarding water quality
Section 12 Def i ni t i ons
a) Authori zed Official The Director and any employee or agent of the Town authorized in writing by the Director to a dminister or enforce the provisions of this ordina nce
b) Dirctor the Director of Public Works c) Discharqe any direct or indirect entry of any solid
liquid or gaseous matter d) Person any natural individual corporation
partnership institution or other entity
TOWN OF JUNO BEACH ORDINANCE NO 440 PAGE 2
e) site ot Industrial Activity any area or facility used tor manutacturing process ing or raw materials storage as defined under 40 CFR Section 12226(a) (14) ot r equlations ot the US Environmental Protection Agency as amende d
) 8torvatar any stormwater runott and surtace runott and drainage
g) 8toraat er Byt the system ot conveyances owned by the Town and used tor collection storing and transporting Stormwater but not including any tacilities intended to be use d in accordance with a pplicable law tor collection and t r ansporting sanitary or other wastewater
h) ToWll Town ot J uno Beach a municipal c orporation ot the state ot Florida and its successors and ass i qns
ARTICLE 2 0 I NDUSTRIAL ACTIVITY
Section 21 General Prohibitions
Any Discharge into the Stormwater System t edera l state county municipal or requlation or permit is prohibited
in violation other law
ot r
any ule
Section 22 Specitic ProhibitiQns
By adoption ot industrial activity stormwater r egulations or b y i ssuance ot industrial activity stormwater permits or both the Director may i mpose reasona~le limita tions as to the quality ot Stormwater (including without limitation the desi qnat ion ot maximum l evels ot po llut ants) discharged into the stormwater System trom sites ot Industrial Activi t y Any p romul gation ot ~uch r egulations and issuance ot permits by the Director shall be in accordance with a pplicable l aw
Se ction 23 Administrative Orders
The Director may issue an order to any person to immediately cease any discharge determined by the Director to be in violation ot any provision ot this ordinance or in violation ot any regulation or permit issued hereunder
Section 24 NFOES Permit s
Any Person who holds a National Pollutant Discharge Elimination System (NPDES) permit shall provide a copy ot su~h permi t to the Director no later than the later ot sixty (60) calendar days atter the ettective date ot this ordinance or sixty (60) calendar days after issuance of such permit
TOWN OF JUNO BEACH ORDINANCE NO 440 PAGE ]
ARTICLE ]0 ILLICIT DISCHARGES
Section 31 General Prohibitions
Except as set forth under Section 33 of this ordinance or a in accordance with a valid NPOES permit any discharge to tht Stormwater System that is not composed entirely of Stormwate is prohibited
Section 32 Spec ific Prohibitions
Any Discharge to the Stormwater System containing any sewage i ndustrial waste or other waste materials or containing an) materials in violation of federal state county municipal or other laws rules r egulations order or permits i~ prohibited
section 33 Authorized Exceptions
Unless the Director determines that it is not properly managec or otherwise is not acceptable the f o llowing discharges are exempt fr om the general prohibitio n set forth under sectior 31 of this ordinance f lows f rom fire fighti ng water line flushing and other contributions from potable water s ources landscape irrigation a nd lawn watering irrigation water diverted stream flows rising groundwaters direct infiltration to the Stormwater system uncontaminated pumped groundwater foundation and footing drai ns water from craw l s pace pumps air conditioning c ondensation springs individual residential car washing fl ows f rom ripariar habitats a nd wetlands and dechlorinated swimming pool contributions
section 34 Illicit c onnect ions
No Person may maintain use or establish any direct or indirect connection to the Stormwater System that results ir any discharge in violation of this ordinance This prohibition is retroactive and applies to connections made prior to the effective date of this ordinance regardless of whether made under a pennit or other authorization or whether permissible under laws or practices applicable or prevailing at the time the connection was made
Section ]5 Administrative Order
The Director may issue an order to any person to immediatel y cease any Discharge or any connection to the Stormwater
TOWN OF JUNO BEACH ORDINANCE NO 440 PAGE 4
System determined by the Director to be in violation of any provision of this ordinance or in violation of any regulation or permit issued hereunder
ARTICLE 40 SPILLS AND PUMPING
Section 41 General Pr ohibitions
Exc ept as set forth under section 33 of this ordinance or as in accordance wi th a valid NPDES permit any Disch arge to the stormwater System that is not c omposed entirely of Stormwater is prohibited
SectioD 42 Specific Prohibit i ons
Any Discharge to the Stormwater System containing any sewage industrial wa ste or other waste materials or containing any materials in violation of f ederal state county municipal or other laws prohibited
rules regulations order or permits is
Section 43 Notification o f Spills
As soon as any Person has knowl edge of any Discharge to the Stormwater System in violat ion of this ordinance such Person shall i mmediately notify the Director by t e lephone and if such Person is directly or indirectly r esponsible for such Discharge then such Person s hall also take i mmed-iat e action to ensure the containment and clean up of such Dischar ge and shall confirm s uch telephone notification in writing to the Director within three calendar days Such telephone and written no t ice shall be to the Town s g e neral telephone number and address then in use
Section 44 Adm i nist rative Order
The Director may issue an order to any Person to immediately cease any Discharge or connection to the stormwater syst~m determined by the Director to be in violation of any provis~~n of this ordinance or in violation of any regulation or perm~t issued hereunder
ARTICLE 50 ENFORCEMENT
Se c tion 51 Injunctive Belie
The Town may seek injunctive relief to prevent any violation of any provision of this ordinance or of any regulation ~r order issued hereunder if necessary to protect the pub 1~c health safety or general welfare
TOWN OF JUNO BEACH ORDINANCE NO 440 PAGE 5
Section 52 Continuing Violation
A Person shall be deemed guilty of a separate violation for each a~d every day d1r ing any continuing violation ot any ~rov~s~on or th1s ord1nance or or any regulation or permit1ssued hereunder
Section 53 En forcement Actions
~he Director may take all actions necessary including the ~ssuance of notices of violation the tiling of court actions andor referral of the matter to the local Code Enforcement
Board to require and enforce compliance with t he provisions of this ordinance and with any r egulation or permit issued hereunder
ARTICLE 60 INSPECTIONS AND MONITORING
Section 61 Authority for Inspections
Whenever necessary to make an inspection to enforce any of the provisions of this ordinance or r egulation or permit issued hereunder or whenever an Authorized Of ficial h a s r easonable cause to believe there exists any condition constituting a violation of any of t he p r ovisions of this ordinance or regulation or permit issued hereunder any Authorized Official may enter any property building or facility at any r easonable time to inspect the same or to perform any duty related to enforcement of the provisions of this ordinance or any r egulations or permits iss ued hereunder provided that (1) if such property building or facility is occupied such Authorized Official shall first present prope r credentials and request permission to enter and (b) if such property building or facility is unoccupied such Authorized Official shall make a 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 r e fuse 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 refuses permission to enter after such request has been made the Authorized Official is hereby author ized to seek assistance from any court of competenL jurisdiction in obtaining entry Routine or area-wide inspections shall be based upon such reasonable selection processes as may be necessary to carry out the purposes of
TOWN ORDINPAGE
OF JUNO BEACH ANCE NO 440 6
this ordinance and s a mpling in
incl but areas
uding not with
limited to evidence
randof
om sampling stormwater
contamination non-stormwater discharges or similar tactors
secti on 62 Author itv t or Monitoring a nd Sampling
Any Authorized Otticial may establish on any property such devices as are necessary to conduct sampling or metering ot dischar ges to the Stormwater System During any inspection made to entorce the provisions ot this ordinance or r egulations or permits i s sued hereunder any Authorized otticial may t ake any s amples d eemed necessary
section 63 Requirements t or Monitoring
The Director may r equire any person engaging in any activity or owning any property building or t acility (including but limited to a Site ot I ndustrial Activity) to undertake such r easonable monitoring ot any discharge(s) to the Stormwater System and to turnish periodic reports
SECTI ON 70 REPEAL OF I NCONSISTENT ORDINANCE PROVI SIONS
All ordinance or provisions thereot in contlict h erewith are hereby r epealed
SECTION 80 SEVERABILITY
It any section middot subsection sentence clause or phrase ot this ordinance tor any reason is held to be unconstitutional vo i d or otherwise invalid the valid ity ot the r emaining p o rtions of this ordinance shall not be a ffect thereby
SECTION 90 COPIFICATION
specific authority is granted to codify this Ordinance The sections of this Ordinance may be numbered or relettered and the word Ordinance may be changed to Section Article or other appropriate words
SECTI ON 100 EEfECIIVE DATE
This ordinance shall take etfect immediately upon passage
READ AND APPROVED on First Reading by the town Council of th~ ~ day ot March 1993
READ AND APPROVED on Section Reading by the Town council on the 14th day ot April 1993
TOWN OF JUNO BEACH ORD I NANCE NO 440 PAGE 7
~~e L 1 FRANlC w HARJUS MAYOR
ATTEST
APPROVED AS TO FORM AND LEGAL SUFFICI ENCY
TOWN ArlORNEY
TOWN OF JUNO BEACH ORDINANCE NO 440 PAGE 2
e) site ot Industrial Activity any area or facility used tor manutacturing process ing or raw materials storage as defined under 40 CFR Section 12226(a) (14) ot r equlations ot the US Environmental Protection Agency as amende d
) 8torvatar any stormwater runott and surtace runott and drainage
g) 8toraat er Byt the system ot conveyances owned by the Town and used tor collection storing and transporting Stormwater but not including any tacilities intended to be use d in accordance with a pplicable law tor collection and t r ansporting sanitary or other wastewater
h) ToWll Town ot J uno Beach a municipal c orporation ot the state ot Florida and its successors and ass i qns
ARTICLE 2 0 I NDUSTRIAL ACTIVITY
Section 21 General Prohibitions
Any Discharge into the Stormwater System t edera l state county municipal or requlation or permit is prohibited
in violation other law
ot r
any ule
Section 22 Specitic ProhibitiQns
By adoption ot industrial activity stormwater r egulations or b y i ssuance ot industrial activity stormwater permits or both the Director may i mpose reasona~le limita tions as to the quality ot Stormwater (including without limitation the desi qnat ion ot maximum l evels ot po llut ants) discharged into the stormwater System trom sites ot Industrial Activi t y Any p romul gation ot ~uch r egulations and issuance ot permits by the Director shall be in accordance with a pplicable l aw
Se ction 23 Administrative Orders
The Director may issue an order to any person to immediately cease any discharge determined by the Director to be in violation ot any provision ot this ordinance or in violation ot any regulation or permit issued hereunder
Section 24 NFOES Permit s
Any Person who holds a National Pollutant Discharge Elimination System (NPDES) permit shall provide a copy ot su~h permi t to the Director no later than the later ot sixty (60) calendar days atter the ettective date ot this ordinance or sixty (60) calendar days after issuance of such permit
TOWN OF JUNO BEACH ORDINANCE NO 440 PAGE ]
ARTICLE ]0 ILLICIT DISCHARGES
Section 31 General Prohibitions
Except as set forth under Section 33 of this ordinance or a in accordance with a valid NPOES permit any discharge to tht Stormwater System that is not composed entirely of Stormwate is prohibited
Section 32 Spec ific Prohibitions
Any Discharge to the Stormwater System containing any sewage i ndustrial waste or other waste materials or containing an) materials in violation of federal state county municipal or other laws rules r egulations order or permits i~ prohibited
section 33 Authorized Exceptions
Unless the Director determines that it is not properly managec or otherwise is not acceptable the f o llowing discharges are exempt fr om the general prohibitio n set forth under sectior 31 of this ordinance f lows f rom fire fighti ng water line flushing and other contributions from potable water s ources landscape irrigation a nd lawn watering irrigation water diverted stream flows rising groundwaters direct infiltration to the Stormwater system uncontaminated pumped groundwater foundation and footing drai ns water from craw l s pace pumps air conditioning c ondensation springs individual residential car washing fl ows f rom ripariar habitats a nd wetlands and dechlorinated swimming pool contributions
section 34 Illicit c onnect ions
No Person may maintain use or establish any direct or indirect connection to the Stormwater System that results ir any discharge in violation of this ordinance This prohibition is retroactive and applies to connections made prior to the effective date of this ordinance regardless of whether made under a pennit or other authorization or whether permissible under laws or practices applicable or prevailing at the time the connection was made
Section ]5 Administrative Order
The Director may issue an order to any person to immediatel y cease any Discharge or any connection to the Stormwater
TOWN OF JUNO BEACH ORDINANCE NO 440 PAGE 4
System determined by the Director to be in violation of any provision of this ordinance or in violation of any regulation or permit issued hereunder
ARTICLE 40 SPILLS AND PUMPING
Section 41 General Pr ohibitions
Exc ept as set forth under section 33 of this ordinance or as in accordance wi th a valid NPDES permit any Disch arge to the stormwater System that is not c omposed entirely of Stormwater is prohibited
SectioD 42 Specific Prohibit i ons
Any Discharge to the Stormwater System containing any sewage industrial wa ste or other waste materials or containing any materials in violation of f ederal state county municipal or other laws prohibited
rules regulations order or permits is
Section 43 Notification o f Spills
As soon as any Person has knowl edge of any Discharge to the Stormwater System in violat ion of this ordinance such Person shall i mmediately notify the Director by t e lephone and if such Person is directly or indirectly r esponsible for such Discharge then such Person s hall also take i mmed-iat e action to ensure the containment and clean up of such Dischar ge and shall confirm s uch telephone notification in writing to the Director within three calendar days Such telephone and written no t ice shall be to the Town s g e neral telephone number and address then in use
Section 44 Adm i nist rative Order
The Director may issue an order to any Person to immediately cease any Discharge or connection to the stormwater syst~m determined by the Director to be in violation of any provis~~n of this ordinance or in violation of any regulation or perm~t issued hereunder
ARTICLE 50 ENFORCEMENT
Se c tion 51 Injunctive Belie
The Town may seek injunctive relief to prevent any violation of any provision of this ordinance or of any regulation ~r order issued hereunder if necessary to protect the pub 1~c health safety or general welfare
TOWN OF JUNO BEACH ORDINANCE NO 440 PAGE 5
Section 52 Continuing Violation
A Person shall be deemed guilty of a separate violation for each a~d every day d1r ing any continuing violation ot any ~rov~s~on or th1s ord1nance or or any regulation or permit1ssued hereunder
Section 53 En forcement Actions
~he Director may take all actions necessary including the ~ssuance of notices of violation the tiling of court actions andor referral of the matter to the local Code Enforcement
Board to require and enforce compliance with t he provisions of this ordinance and with any r egulation or permit issued hereunder
ARTICLE 60 INSPECTIONS AND MONITORING
Section 61 Authority for Inspections
Whenever necessary to make an inspection to enforce any of the provisions of this ordinance or r egulation or permit issued hereunder or whenever an Authorized Of ficial h a s r easonable cause to believe there exists any condition constituting a violation of any of t he p r ovisions of this ordinance or regulation or permit issued hereunder any Authorized Official may enter any property building or facility at any r easonable time to inspect the same or to perform any duty related to enforcement of the provisions of this ordinance or any r egulations or permits iss ued hereunder provided that (1) if such property building or facility is occupied such Authorized Official shall first present prope r credentials and request permission to enter and (b) if such property building or facility is unoccupied such Authorized Official shall make a 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 r e fuse 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 refuses permission to enter after such request has been made the Authorized Official is hereby author ized to seek assistance from any court of competenL jurisdiction in obtaining entry Routine or area-wide inspections shall be based upon such reasonable selection processes as may be necessary to carry out the purposes of
TOWN ORDINPAGE
OF JUNO BEACH ANCE NO 440 6
this ordinance and s a mpling in
incl but areas
uding not with
limited to evidence
randof
om sampling stormwater
contamination non-stormwater discharges or similar tactors
secti on 62 Author itv t or Monitoring a nd Sampling
Any Authorized Otticial may establish on any property such devices as are necessary to conduct sampling or metering ot dischar ges to the Stormwater System During any inspection made to entorce the provisions ot this ordinance or r egulations or permits i s sued hereunder any Authorized otticial may t ake any s amples d eemed necessary
section 63 Requirements t or Monitoring
The Director may r equire any person engaging in any activity or owning any property building or t acility (including but limited to a Site ot I ndustrial Activity) to undertake such r easonable monitoring ot any discharge(s) to the Stormwater System and to turnish periodic reports
SECTI ON 70 REPEAL OF I NCONSISTENT ORDINANCE PROVI SIONS
All ordinance or provisions thereot in contlict h erewith are hereby r epealed
SECTION 80 SEVERABILITY
It any section middot subsection sentence clause or phrase ot this ordinance tor any reason is held to be unconstitutional vo i d or otherwise invalid the valid ity ot the r emaining p o rtions of this ordinance shall not be a ffect thereby
SECTION 90 COPIFICATION
specific authority is granted to codify this Ordinance The sections of this Ordinance may be numbered or relettered and the word Ordinance may be changed to Section Article or other appropriate words
SECTI ON 100 EEfECIIVE DATE
This ordinance shall take etfect immediately upon passage
READ AND APPROVED on First Reading by the town Council of th~ ~ day ot March 1993
READ AND APPROVED on Section Reading by the Town council on the 14th day ot April 1993
TOWN OF JUNO BEACH ORD I NANCE NO 440 PAGE 7
~~e L 1 FRANlC w HARJUS MAYOR
ATTEST
APPROVED AS TO FORM AND LEGAL SUFFICI ENCY
TOWN ArlORNEY
TOWN OF JUNO BEACH ORDINANCE NO 440 PAGE ]
ARTICLE ]0 ILLICIT DISCHARGES
Section 31 General Prohibitions
Except as set forth under Section 33 of this ordinance or a in accordance with a valid NPOES permit any discharge to tht Stormwater System that is not composed entirely of Stormwate is prohibited
Section 32 Spec ific Prohibitions
Any Discharge to the Stormwater System containing any sewage i ndustrial waste or other waste materials or containing an) materials in violation of federal state county municipal or other laws rules r egulations order or permits i~ prohibited
section 33 Authorized Exceptions
Unless the Director determines that it is not properly managec or otherwise is not acceptable the f o llowing discharges are exempt fr om the general prohibitio n set forth under sectior 31 of this ordinance f lows f rom fire fighti ng water line flushing and other contributions from potable water s ources landscape irrigation a nd lawn watering irrigation water diverted stream flows rising groundwaters direct infiltration to the Stormwater system uncontaminated pumped groundwater foundation and footing drai ns water from craw l s pace pumps air conditioning c ondensation springs individual residential car washing fl ows f rom ripariar habitats a nd wetlands and dechlorinated swimming pool contributions
section 34 Illicit c onnect ions
No Person may maintain use or establish any direct or indirect connection to the Stormwater System that results ir any discharge in violation of this ordinance This prohibition is retroactive and applies to connections made prior to the effective date of this ordinance regardless of whether made under a pennit or other authorization or whether permissible under laws or practices applicable or prevailing at the time the connection was made
Section ]5 Administrative Order
The Director may issue an order to any person to immediatel y cease any Discharge or any connection to the Stormwater
TOWN OF JUNO BEACH ORDINANCE NO 440 PAGE 4
System determined by the Director to be in violation of any provision of this ordinance or in violation of any regulation or permit issued hereunder
ARTICLE 40 SPILLS AND PUMPING
Section 41 General Pr ohibitions
Exc ept as set forth under section 33 of this ordinance or as in accordance wi th a valid NPDES permit any Disch arge to the stormwater System that is not c omposed entirely of Stormwater is prohibited
SectioD 42 Specific Prohibit i ons
Any Discharge to the Stormwater System containing any sewage industrial wa ste or other waste materials or containing any materials in violation of f ederal state county municipal or other laws prohibited
rules regulations order or permits is
Section 43 Notification o f Spills
As soon as any Person has knowl edge of any Discharge to the Stormwater System in violat ion of this ordinance such Person shall i mmediately notify the Director by t e lephone and if such Person is directly or indirectly r esponsible for such Discharge then such Person s hall also take i mmed-iat e action to ensure the containment and clean up of such Dischar ge and shall confirm s uch telephone notification in writing to the Director within three calendar days Such telephone and written no t ice shall be to the Town s g e neral telephone number and address then in use
Section 44 Adm i nist rative Order
The Director may issue an order to any Person to immediately cease any Discharge or connection to the stormwater syst~m determined by the Director to be in violation of any provis~~n of this ordinance or in violation of any regulation or perm~t issued hereunder
ARTICLE 50 ENFORCEMENT
Se c tion 51 Injunctive Belie
The Town may seek injunctive relief to prevent any violation of any provision of this ordinance or of any regulation ~r order issued hereunder if necessary to protect the pub 1~c health safety or general welfare
TOWN OF JUNO BEACH ORDINANCE NO 440 PAGE 5
Section 52 Continuing Violation
A Person shall be deemed guilty of a separate violation for each a~d every day d1r ing any continuing violation ot any ~rov~s~on or th1s ord1nance or or any regulation or permit1ssued hereunder
Section 53 En forcement Actions
~he Director may take all actions necessary including the ~ssuance of notices of violation the tiling of court actions andor referral of the matter to the local Code Enforcement
Board to require and enforce compliance with t he provisions of this ordinance and with any r egulation or permit issued hereunder
ARTICLE 60 INSPECTIONS AND MONITORING
Section 61 Authority for Inspections
Whenever necessary to make an inspection to enforce any of the provisions of this ordinance or r egulation or permit issued hereunder or whenever an Authorized Of ficial h a s r easonable cause to believe there exists any condition constituting a violation of any of t he p r ovisions of this ordinance or regulation or permit issued hereunder any Authorized Official may enter any property building or facility at any r easonable time to inspect the same or to perform any duty related to enforcement of the provisions of this ordinance or any r egulations or permits iss ued hereunder provided that (1) if such property building or facility is occupied such Authorized Official shall first present prope r credentials and request permission to enter and (b) if such property building or facility is unoccupied such Authorized Official shall make a 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 r e fuse 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 refuses permission to enter after such request has been made the Authorized Official is hereby author ized to seek assistance from any court of competenL jurisdiction in obtaining entry Routine or area-wide inspections shall be based upon such reasonable selection processes as may be necessary to carry out the purposes of
TOWN ORDINPAGE
OF JUNO BEACH ANCE NO 440 6
this ordinance and s a mpling in
incl but areas
uding not with
limited to evidence
randof
om sampling stormwater
contamination non-stormwater discharges or similar tactors
secti on 62 Author itv t or Monitoring a nd Sampling
Any Authorized Otticial may establish on any property such devices as are necessary to conduct sampling or metering ot dischar ges to the Stormwater System During any inspection made to entorce the provisions ot this ordinance or r egulations or permits i s sued hereunder any Authorized otticial may t ake any s amples d eemed necessary
section 63 Requirements t or Monitoring
The Director may r equire any person engaging in any activity or owning any property building or t acility (including but limited to a Site ot I ndustrial Activity) to undertake such r easonable monitoring ot any discharge(s) to the Stormwater System and to turnish periodic reports
SECTI ON 70 REPEAL OF I NCONSISTENT ORDINANCE PROVI SIONS
All ordinance or provisions thereot in contlict h erewith are hereby r epealed
SECTION 80 SEVERABILITY
It any section middot subsection sentence clause or phrase ot this ordinance tor any reason is held to be unconstitutional vo i d or otherwise invalid the valid ity ot the r emaining p o rtions of this ordinance shall not be a ffect thereby
SECTION 90 COPIFICATION
specific authority is granted to codify this Ordinance The sections of this Ordinance may be numbered or relettered and the word Ordinance may be changed to Section Article or other appropriate words
SECTI ON 100 EEfECIIVE DATE
This ordinance shall take etfect immediately upon passage
READ AND APPROVED on First Reading by the town Council of th~ ~ day ot March 1993
READ AND APPROVED on Section Reading by the Town council on the 14th day ot April 1993
TOWN OF JUNO BEACH ORD I NANCE NO 440 PAGE 7
~~e L 1 FRANlC w HARJUS MAYOR
ATTEST
APPROVED AS TO FORM AND LEGAL SUFFICI ENCY
TOWN ArlORNEY
TOWN OF JUNO BEACH ORDINANCE NO 440 PAGE 4
System determined by the Director to be in violation of any provision of this ordinance or in violation of any regulation or permit issued hereunder
ARTICLE 40 SPILLS AND PUMPING
Section 41 General Pr ohibitions
Exc ept as set forth under section 33 of this ordinance or as in accordance wi th a valid NPDES permit any Disch arge to the stormwater System that is not c omposed entirely of Stormwater is prohibited
SectioD 42 Specific Prohibit i ons
Any Discharge to the Stormwater System containing any sewage industrial wa ste or other waste materials or containing any materials in violation of f ederal state county municipal or other laws prohibited
rules regulations order or permits is
Section 43 Notification o f Spills
As soon as any Person has knowl edge of any Discharge to the Stormwater System in violat ion of this ordinance such Person shall i mmediately notify the Director by t e lephone and if such Person is directly or indirectly r esponsible for such Discharge then such Person s hall also take i mmed-iat e action to ensure the containment and clean up of such Dischar ge and shall confirm s uch telephone notification in writing to the Director within three calendar days Such telephone and written no t ice shall be to the Town s g e neral telephone number and address then in use
Section 44 Adm i nist rative Order
The Director may issue an order to any Person to immediately cease any Discharge or connection to the stormwater syst~m determined by the Director to be in violation of any provis~~n of this ordinance or in violation of any regulation or perm~t issued hereunder
ARTICLE 50 ENFORCEMENT
Se c tion 51 Injunctive Belie
The Town may seek injunctive relief to prevent any violation of any provision of this ordinance or of any regulation ~r order issued hereunder if necessary to protect the pub 1~c health safety or general welfare
TOWN OF JUNO BEACH ORDINANCE NO 440 PAGE 5
Section 52 Continuing Violation
A Person shall be deemed guilty of a separate violation for each a~d every day d1r ing any continuing violation ot any ~rov~s~on or th1s ord1nance or or any regulation or permit1ssued hereunder
Section 53 En forcement Actions
~he Director may take all actions necessary including the ~ssuance of notices of violation the tiling of court actions andor referral of the matter to the local Code Enforcement
Board to require and enforce compliance with t he provisions of this ordinance and with any r egulation or permit issued hereunder
ARTICLE 60 INSPECTIONS AND MONITORING
Section 61 Authority for Inspections
Whenever necessary to make an inspection to enforce any of the provisions of this ordinance or r egulation or permit issued hereunder or whenever an Authorized Of ficial h a s r easonable cause to believe there exists any condition constituting a violation of any of t he p r ovisions of this ordinance or regulation or permit issued hereunder any Authorized Official may enter any property building or facility at any r easonable time to inspect the same or to perform any duty related to enforcement of the provisions of this ordinance or any r egulations or permits iss ued hereunder provided that (1) if such property building or facility is occupied such Authorized Official shall first present prope r credentials and request permission to enter and (b) if such property building or facility is unoccupied such Authorized Official shall make a 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 r e fuse 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 refuses permission to enter after such request has been made the Authorized Official is hereby author ized to seek assistance from any court of competenL jurisdiction in obtaining entry Routine or area-wide inspections shall be based upon such reasonable selection processes as may be necessary to carry out the purposes of
TOWN ORDINPAGE
OF JUNO BEACH ANCE NO 440 6
this ordinance and s a mpling in
incl but areas
uding not with
limited to evidence
randof
om sampling stormwater
contamination non-stormwater discharges or similar tactors
secti on 62 Author itv t or Monitoring a nd Sampling
Any Authorized Otticial may establish on any property such devices as are necessary to conduct sampling or metering ot dischar ges to the Stormwater System During any inspection made to entorce the provisions ot this ordinance or r egulations or permits i s sued hereunder any Authorized otticial may t ake any s amples d eemed necessary
section 63 Requirements t or Monitoring
The Director may r equire any person engaging in any activity or owning any property building or t acility (including but limited to a Site ot I ndustrial Activity) to undertake such r easonable monitoring ot any discharge(s) to the Stormwater System and to turnish periodic reports
SECTI ON 70 REPEAL OF I NCONSISTENT ORDINANCE PROVI SIONS
All ordinance or provisions thereot in contlict h erewith are hereby r epealed
SECTION 80 SEVERABILITY
It any section middot subsection sentence clause or phrase ot this ordinance tor any reason is held to be unconstitutional vo i d or otherwise invalid the valid ity ot the r emaining p o rtions of this ordinance shall not be a ffect thereby
SECTION 90 COPIFICATION
specific authority is granted to codify this Ordinance The sections of this Ordinance may be numbered or relettered and the word Ordinance may be changed to Section Article or other appropriate words
SECTI ON 100 EEfECIIVE DATE
This ordinance shall take etfect immediately upon passage
READ AND APPROVED on First Reading by the town Council of th~ ~ day ot March 1993
READ AND APPROVED on Section Reading by the Town council on the 14th day ot April 1993
TOWN OF JUNO BEACH ORD I NANCE NO 440 PAGE 7
~~e L 1 FRANlC w HARJUS MAYOR
ATTEST
APPROVED AS TO FORM AND LEGAL SUFFICI ENCY
TOWN ArlORNEY
TOWN OF JUNO BEACH ORDINANCE NO 440 PAGE 5
Section 52 Continuing Violation
A Person shall be deemed guilty of a separate violation for each a~d every day d1r ing any continuing violation ot any ~rov~s~on or th1s ord1nance or or any regulation or permit1ssued hereunder
Section 53 En forcement Actions
~he Director may take all actions necessary including the ~ssuance of notices of violation the tiling of court actions andor referral of the matter to the local Code Enforcement
Board to require and enforce compliance with t he provisions of this ordinance and with any r egulation or permit issued hereunder
ARTICLE 60 INSPECTIONS AND MONITORING
Section 61 Authority for Inspections
Whenever necessary to make an inspection to enforce any of the provisions of this ordinance or r egulation or permit issued hereunder or whenever an Authorized Of ficial h a s r easonable cause to believe there exists any condition constituting a violation of any of t he p r ovisions of this ordinance or regulation or permit issued hereunder any Authorized Official may enter any property building or facility at any r easonable time to inspect the same or to perform any duty related to enforcement of the provisions of this ordinance or any r egulations or permits iss ued hereunder provided that (1) if such property building or facility is occupied such Authorized Official shall first present prope r credentials and request permission to enter and (b) if such property building or facility is unoccupied such Authorized Official shall make a 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 r e fuse 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 refuses permission to enter after such request has been made the Authorized Official is hereby author ized to seek assistance from any court of competenL jurisdiction in obtaining entry Routine or area-wide inspections shall be based upon such reasonable selection processes as may be necessary to carry out the purposes of
TOWN ORDINPAGE
OF JUNO BEACH ANCE NO 440 6
this ordinance and s a mpling in
incl but areas
uding not with
limited to evidence
randof
om sampling stormwater
contamination non-stormwater discharges or similar tactors
secti on 62 Author itv t or Monitoring a nd Sampling
Any Authorized Otticial may establish on any property such devices as are necessary to conduct sampling or metering ot dischar ges to the Stormwater System During any inspection made to entorce the provisions ot this ordinance or r egulations or permits i s sued hereunder any Authorized otticial may t ake any s amples d eemed necessary
section 63 Requirements t or Monitoring
The Director may r equire any person engaging in any activity or owning any property building or t acility (including but limited to a Site ot I ndustrial Activity) to undertake such r easonable monitoring ot any discharge(s) to the Stormwater System and to turnish periodic reports
SECTI ON 70 REPEAL OF I NCONSISTENT ORDINANCE PROVI SIONS
All ordinance or provisions thereot in contlict h erewith are hereby r epealed
SECTION 80 SEVERABILITY
It any section middot subsection sentence clause or phrase ot this ordinance tor any reason is held to be unconstitutional vo i d or otherwise invalid the valid ity ot the r emaining p o rtions of this ordinance shall not be a ffect thereby
SECTION 90 COPIFICATION
specific authority is granted to codify this Ordinance The sections of this Ordinance may be numbered or relettered and the word Ordinance may be changed to Section Article or other appropriate words
SECTI ON 100 EEfECIIVE DATE
This ordinance shall take etfect immediately upon passage
READ AND APPROVED on First Reading by the town Council of th~ ~ day ot March 1993
READ AND APPROVED on Section Reading by the Town council on the 14th day ot April 1993
TOWN OF JUNO BEACH ORD I NANCE NO 440 PAGE 7
~~e L 1 FRANlC w HARJUS MAYOR
ATTEST
APPROVED AS TO FORM AND LEGAL SUFFICI ENCY
TOWN ArlORNEY
TOWN ORDINPAGE
OF JUNO BEACH ANCE NO 440 6
this ordinance and s a mpling in
incl but areas
uding not with
limited to evidence
randof
om sampling stormwater
contamination non-stormwater discharges or similar tactors
secti on 62 Author itv t or Monitoring a nd Sampling
Any Authorized Otticial may establish on any property such devices as are necessary to conduct sampling or metering ot dischar ges to the Stormwater System During any inspection made to entorce the provisions ot this ordinance or r egulations or permits i s sued hereunder any Authorized otticial may t ake any s amples d eemed necessary
section 63 Requirements t or Monitoring
The Director may r equire any person engaging in any activity or owning any property building or t acility (including but limited to a Site ot I ndustrial Activity) to undertake such r easonable monitoring ot any discharge(s) to the Stormwater System and to turnish periodic reports
SECTI ON 70 REPEAL OF I NCONSISTENT ORDINANCE PROVI SIONS
All ordinance or provisions thereot in contlict h erewith are hereby r epealed
SECTION 80 SEVERABILITY
It any section middot subsection sentence clause or phrase ot this ordinance tor any reason is held to be unconstitutional vo i d or otherwise invalid the valid ity ot the r emaining p o rtions of this ordinance shall not be a ffect thereby
SECTION 90 COPIFICATION
specific authority is granted to codify this Ordinance The sections of this Ordinance may be numbered or relettered and the word Ordinance may be changed to Section Article or other appropriate words
SECTI ON 100 EEfECIIVE DATE
This ordinance shall take etfect immediately upon passage
READ AND APPROVED on First Reading by the town Council of th~ ~ day ot March 1993
READ AND APPROVED on Section Reading by the Town council on the 14th day ot April 1993
TOWN OF JUNO BEACH ORD I NANCE NO 440 PAGE 7
~~e L 1 FRANlC w HARJUS MAYOR
ATTEST
APPROVED AS TO FORM AND LEGAL SUFFICI ENCY
TOWN ArlORNEY
TOWN OF JUNO BEACH ORD I NANCE NO 440 PAGE 7
~~e L 1 FRANlC w HARJUS MAYOR
ATTEST
APPROVED AS TO FORM AND LEGAL SUFFICI ENCY
TOWN ArlORNEY