The City of Miramar has enacted a Stormwater Ordinance in order to comply with the Clean Water Act. The City of Miramar is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of Miramar will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. Stormwater fees will be calculated and collected by the city. The City of Miramar, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The City of Miramar has the authority to inspect stormwater facilities and practices in order to ascertain that they properly maintained and functioning.
ARTICLE VII. - STORMWATER MANAGEMENT
Sec. 21-252. - Creation of stormwater management utility fee.
(a) A stormwater management utility fee ("fee") is hereby created and may be levied on all property within the City of Miramar for services and facilities provided under the stormwater management program. The property owner or their tenant is responsible for payment of the fee. For the purposes of this chapter, all property within the city shall be classified as:
(1) Residential property (single-family, multifamily, etc.); or
(2) Non-residential property; or
(3) Undeveloped property, or
(4) Vacant property.
(b) The fee for each parcel in the city shall be determined as based upon the parcel's classification and the number of ERU's assigned to it. The city commission, by resolution, shall from time to time, upon the recommendation of the director, establish or amend the average square footage of effective impervious area of the ERU.
(c) The city commission, by resolution, upon the recommendation of the director, shall establish or amend a reasonable rate for each ERU.
(Ord. No. 98-21, § 4, 3-4-98)
Sec. 21-254. - Stormwater management program.
(a) [ Generally. ] It shall be the duty and responsibility of the director to administer the stormwater management program. The director shall keep an accurate record of all properties benefitting from the services and facilities of said program and make changes in accordance with the utility rate structure as established and amended by resolution of the city commission.
(b) Construction sites and construction activities .
(1) Construction sites and operations shall be required to maintain, during and after all construction, development, excavation, and/or alteration operations, structural and non-structural, best management practices with the intent to reduce pollutants and sediment in stormwater run-off.
a. Construction and operations site plans and permits may be required and reviewed by the city prior to the initiation of construction operations. Site plans shall include descriptions of structures, procedures and/or control measures designed to reduce and control sediment and pollutant loading either directly or indirectly to stormwater run-off.
b. Construction or construction operations over any existing or planned stormwater management system or any such operations causing interference with any stormwater management system shall not be permitted.
c. A schedule of inspections for monitoring may be developed to be carried out during and after the construction and operation phases as conditions to the permit to determine and verify compliance with this section.
(c) Industrial sites and industrial activities.
(1) Industrial sites and industrial activities determined by the city to contribute pollutant loadings to stormwater and/or the stormwater management system may be inspected and monitored by the city in order to verify compliance with this section.
a. It shall be unlawful to deposit, spill, dump, or introduce any significant material or pollutants that may contribute contamination to any surface area, stormwater management system, and/or stormwater run-off. It shall be unlawful to deposit, spill, dump or introduce:
b. Any site and/or activity identified as contributing any significant material and/or pollutants may be required:
(d) Landfill run-off control. Operations of any landfill or dump site shall be conducted to provide for collection, control and treatment of surface run-off and verification that no significant pollutant contribution to receiving waters shall occur upon discharge of said run-off.
(e) 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 of the city. Prohibited illicit discharges shall require spill response, spill control, and spill clean-up as designated and prescribed by the city.
(f) Alterations or obstructions to stormwater management. Alterations or obstructions to any stormwater management system, including pump stations, sewer lines, structural controls, catch basins, culverts, wetlands or swales shall be prohibited without prior written approval of the city.
(g) Septic tank inspections. Any residential property utilizing a septic tank system for the disposal of sanitary wastes will be required, prior to the sale of said property, to pass a septic tank inspection by a licensed septic tank service firm to verify the integrity of the system.
(h) Herbicide, pesticide, fertilizer applications. Companies involved in the application of herbicides, pesticides, fertilizers or any regulated material shall be required to obtain operating licenses, train their employees in the application of said materials with the intent to minimize or prevent over application and spills; and develop plans for spill response and spill control of said materials.
(i) Storage tanks. The discharge of hazardous and/or significant materials from storage tank facilities to ground or surface waters, to surface areas, to ground waters during remediation activities, to stormwater run-off, and/or stormwater management systems shall be prohibited.
(j) Backwash disposal. The disposal of filter backwash water to stormwater management systems shall be prohibited. Disposal of backwash shall provide for separation before final disposal to:
(1) Sanitary sewers after prior written approval by the city.
(2) Detention pits or pervious surface areas where sufficient pervious area exists, remote from water supply wells, disposal systems, pits and septic tanks.
(k) 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, including any wrecked, derelict or partially dismantled motor vehicle, trailer, boats, machinery, appliances, furniture or similar article, or any unsanitary, hazardous or significant material upon any surface area, stormwater management system or water body within the city is hereby prohibited.
(l) 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.
(m) Stormwater interagency agreements and stormwater programs. The city is authorized to develop interagency agreements and mutually compatible programs with the South Florida Water Management District, Florida Department of Transportation, Broward County, South Broward Drainage District and other local governmental agencies, and all private agencies, with the intent to control the contribution of pollutants within the inter-system stormwater management system linkages, in order to develop mutually compatible stormwater management programs and systems; and to develop and enforce stormwater management, inspections, and monitoring programs.
(n) Determination of compliance or non-compliance. The city shall be granted the authority to determine the compliance or non-compliance with this section, of a stormwater management system or non-stormwater discharge to a stormwater management system, water body or surface area; based on investigation, surveillance, monitoring, sampling, testing and/or sound engineering and operational evaluations.
(o) Assessment of penalty for non-compliance.
(1) Upon determination of a violation of this section, the city may assess against the violator a minimum penalty of five hundred dollars ($500.00) per offense.
(2) Additional charges against the violator may be assessed in an amount determined by the city depending on the extent of environmental damage, required mitigation, the cost of remediation and enforcement.
(3) Upon determination of a violation of this section, the violator shall bear all costs incurred for clean-up, enforcement action and remediation.
(4) Each day during any portion of which a violation occurs constitutes a separate violation and may incur additional penalties.
(5) It shall be the responsibility of the director to determine if a violation of this subchapter exists, as based on the findings required in this subchapter.
(p) Stormwater inspections and monitoring procedures. The city may enter, perform inspections, surveillance and monitoring procedures, within reasonable hours, of all structures and premises, and shall have free access to copying or reviewing pertinent records of a facility, system or premises in order to ascertain the state of compliance with the laws, rules, and regulations of the city regarding compliance as outlined in this subchapter.
(1) The compliance personnel of the enforcing agency shall be provided with official identification and shall exhibit such identification when making inspection.
(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 inspection.
(q) Effluent standards and water quality criteria. The city adopts section 27-196, section 27-197 and section 27-198 of the Code of Broward County as minimum surface water criteria and effluent standards for discharges to surface water.
(Ord. No. 98-21, § 6, 3-4-98)