Loading...
HomeMy WebLinkAboutLegislation FRr,r City of Miami City Hall 3500 Pan American Drive ` Miami, FL 33133 www.miamigov.com Legislation Ordinance File Number: 09-00638 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GREEN INITIATIVES," TO CREATE ARTICLE VI ENTITLED "SOIL EROSION, WATERWAY SEDIMENTATION, AND AIRBORNE DUST GENERATION CONTROL" TO ADD SECTIONS TO PROVIDE FOR ENVIRONMENTALLY RESPONSIBLE CONSTRUCTION, SEDIMENT CONTROLAND DISCHARGE OF STORMWATER IN THE CITY OF MIAMI; IMPLEMENTING ADMINISTRATIVE FEES AND ENFORCEMENT PROCEDURES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City of Miami is committed to reducing pollution from construction activities by controlling soil erosion, waterway sedimentation and airborne dust generation; and WHEREAS, during the past eight (8) years, the City of Miami ("City") has launched a comprehensive and aggressive environmental program to clean streets, waterways, brownfields, storm drains, and to improve air and water quality; and WHEREAS, the City Commission has adopted the recommendations of MiPlan, the City of Miami Climate Action Plan, which calls for promotion of green building programs such as the US Green Building Council Leadership in Energy and Environmental Design (LEED) rating system; and WHEREAS, construction sites with higher standards to control soil erosion, waterway sedimentation and airborne dust have been proven to reduce the harmful side effects of construction on the environment; and WHEREAS, poor sediment and erosion control on construction sites causes financial damage to the City in the form of higher costs for public storm sewer maintenance, increased flooding, and higher costs for maintenance dredging of City - maintained waterways; and WHEREAS, public storm drains are the primary conduits through which sediment from construction sites travel to local water bodies; and WHEREAS, increased sediment loads in local water bodies disrupt the ecosystem and cause local water bodies to be unsuitable for fishing and swimming because of decreased clarity of the water and the presence of other pollutants which attach themselves to sediment particles, thus reducing recreational opportunities in the City and reducing City residents' quality of life; and City of Miami Page I of 6 Printed On: 6/1712009 File Number 09-00638 Enactment Number., WHEREAS, the City wishes to ensure that its buildings maintain high standards of control of soil erosion, waterway sedimentation and airborne dust generation to safeguard the health of residents, visitors, and employees of the City of Miami; NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI: Section 1. The recitals and findings in the Preamble to this ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 22.5, of the Code of the City of Miami, Florida, as amended, entitled "Green Initiatives," is amended in the following particulars: "CHAPTER 22.5 GREEN INITIATIVES Article VI. SOIL EROSION, WATERWAY SEDIMENTATION, AND AIRBORNE DUST GENERATION CONTROL iik The intent of this chapter is to locally implement Florida Statute 403.0885 and Florida Administrative Code Chapter 62-621.300, known as the "Generic Permit for Stormwater Discharge from Large and Small Construction Activities" (the Permit") by providing the City of Miami with improved water and air quality. Preventive jobsite practices can minimize environmental risks from the erosion, air pollution, and sedimentation on sites with disturbed soil. DEFINITIONS Applicant means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the city for the applicable permits or approvals to undertake construction, demolition or renovation projects within the city. Best management Practices ("BMPs") means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce to the maximum extent practicable erosion, dust generation, off-site sedimentation, and pollution of City of Miami waterways and storm drainage systems. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from material storage. Construction means the act of creating or maintaining stockpiles of soil or other material which are erodible if exposed to water or wind and are capable of generating dust; or developing or improving public or private land which involves the removal of surface City of Miami Page 2 of 6 Printed On: 6/17/2009 File Number 09-00638 Enactment Number cover or disturbance of soils and includes clearing, grading, demolition, and excavation. Dust Control means providing temporary fencing to mitigate the effects of dust upon the surrounding conununity in accordance with Ordinance 12930. Erosion means the detachment, transport, and deposition of particulate matter by the action of wind, water, and gravity. Stormwater means the flow of water which results from, and which occurs immediately following, a rainfall event. Stormwater Discharge Facility means a stormwater management system which discharges stormwater into surface waters of the State. Stormwater Management System means the designed features of the property which collect, convey, channel, hold, inhibit or divert the movement of stormwater. Stormwater Pollution Prevention Plan (the "Plan") means a written plan, approved by the city submitted by the applicant which identifies a strategy to minimize stormwater runoff that will be generated. The SWPPP shall follow the guidelines of the Florida Stormwater, Erosion, and Sedimentation Control Inspector's Manual published by the Florida Department of Environmental Protection. APPLICABILITY This ordinance shall apply to all construction and demolition sites and activities under the authority of the City of Miami where soil will be exposed for a period of more than fourteen (14) days. All such sites and activities within the authority of the City of Miami shall be required to contain and control all sediment and sediment -laden water on-site. xx.x Stormwater Pollution Prevention Plan (the "Plan") To obtain a Permit for construction projects which will disturb over one (1) acre of soil, the applicant must develop and implement a Plan in accordance with the requirements the "Permit" or local erosion and sedimentation control standards and codes, whichever is more stringent. Construction sites with areas of disturbed soil between 0.5 acres and one (1) acre may use an alternative format, approved by the City, provided it supplies all the information required by the Permit. The Plan must be approved by the City of Miami Department of Public Works National Pollution Discharge Elimination System section prior to the commencement of construction activities. The Plan shall describe the current and final conditions of the construction site, the nature of the work to be performed, the BMPs to be implemented to prevent stormwater pollution, control erosion and prevent off-site sedimentation, who will implement these measures, the schedule of implementation, and include a narrative section; site plan; details, specifications, and notes; and calculations. The plan must include the following: 1. Name of the person who is responsible should the site fall out of compliance 2. Narrative description of the procedures to be used to control erosion, sedimentation and air pollution City of Miami Page 3 of 6 Printed On: 611712009 File Number 09-00638 Enactment Number 3. Site map indicating locations of disturbed soil and control methods 4. Inspection schedule for all erosion, stormwater, and sediment control measures or best management practices (BMPs): A qualified person procured by the applicant must perform erosion, sediment and stormwater pollution prevention inspections at least weekly and after every rain event of one half (1/2) inch or more for sites less than five (5) acres (time limit after rain?). Sites greater than five (5) acres must be inspected at least weekly and after every rain event of one quarter (1/4) inch or more. Maintenance must be performed within one week of the first inspection that indicates such maintenance is required. 5. Method to be instituted to ensure that all parties who engage in activities which disturb soil or have the potential to cause stormwater pollution engage in such activities in a manner that minimizes erosion, off-site sedimentation, dust migration, and stormwater pollution to the maximum extent practicable. 6. Identify how materials on the construction site which are capable of causing stormwater pollution will be handled and stored in order to prevent such pollution. Such materials include, but are not limited to: paint, concrete, aggregates, fertilizers, pesticides, and fuels. If the approved Plan is found to be ineffective in controlling erosion, stormwater pollution, or off-site sedimentation, the site shall be deemed out of compliance with this section. The construction site operator is responsible to amend the Plan to ensure compliance. In such cases where off-site sedimentation or turbidity originates from a different site, then the property owner of that site shall be in violation of this section. xx.x Plan Management. The approved Plan as amended and documentation of all inspections must be kept on the construction site until a final certificate of occupancy is issued. Within thirty (30) days after the completion of construction for any covered project, the applicant shall submit official documentation that the applicant has complied with the Plan requirement for the project. Commercial properties are further required to submit the Environmental Resource Permit approved by the South Florida Water Management District (SFWMD) or any successor agency for the property's stormwater management system. The documentation for the Plan shall include the following: 1. The steps taken to remove sludge and waste; 2. Documentation of all construction site inspections and modifications to BMPs; 3. The Plan, including any amendments made during the course of construction; and 4. Any additional information that the applicant believes is relevant to determining its efforts to comply in good faith with this chapter The documentation submitted with the Environmental Resource Permit shall contain: City of Miami Page 4 of 6 Printed On: 6/17/2009 File Number 09-00638 Enactment Number. 1. A construction certification affidavit signed by a registered professional engineer; and 2. A maintenance schedule plan for the onsite stormwater management system. Subsequent to the issuance of the certificate of occupancy, the property owner shall be held responsible for compliance with the Environmental Resource Permit. xx.x Failure to Submit Documentation. If the documentation is submitted after the required (30) day time period, there will be a fee of $100. A City official shall evaluate whether the applicant has otherwise complied with the stormwater pollution prevention requirement for the project. xx.x Administrative Fee. As a condition precedent to the issuance of any public works, zoning, planning, building, or demolition permit for a construction project which will disturb 0.5 acres or more of soil, the applicant shall pay the City a fee of $100, All fees and fines generated as a result of this ordinance shall be deposited into the Stormwater Utility Trust Fund, to be established, and shall be used to administer this program and to further the City's efforts prevent pollution of stormwater systems. Compliance and Enforcement The Code Enforcement Department, Public Works Department the Building Department inspector shall evaluate compliance with this ordinance during the course of their regular inspections. Additional inspections may be conducted as needed, to ensure compliance with this section. If the Public Works Inspector or the Building Inspector finds that the applicant does not comply with the requirements of this ordinance, it shall be noted in the inspection report the violated portions of this ordinance and a hold may be placed on future inspections or the temporary or final certificate of occupancy may be withheld, as appropriate. The certificate of occupancy for a project subject to this section shall be withheld until the applicant both (A) submits the required documentation, including, where applicable, proof that any fine due under this subsection has been paid in full, and (B) performs any actions required by the Public Works Department, Building Department, Code Enforcement Department, the Miami -Dade County Department of Environmental Resource Management (DERM), or any other agency of competent jurisdiction in order to correct erosion, sediment control, or stormwater violations observed at the construction site. Applicants who fail to meet the stormwater pollution prevention criteria identified shall be subject to the following fines by Code Enforcement: City of Miami Page 5 of 6 Printed On: 6/17/2009 File Number 09-00638 Enactment Number: 1. Failure to implement or properly maintain sufficient erosion, $1,000 per sediment, or airborne dust controls. violation per day 2. Causing off-site sedimentation or turbidity to waterways, private $1,000 per or public property, or the storm sewer system violation per day 3. Discharging water containing sediments or other substances to $ per waterways, the storm sewer system, public, or private property vioolatilati on per day 4. Causing the off-site migration of airborne dust $1,000 per violation 5. Failure to obtain or comply with the Environmental Resource Permit subsequent to the issuance of a certificate of occupancy which results in the discharge of sediment, turbidity or $ per stormwater from private property to adjacent private or public vioolatilati on property Section 3. If any section, part of section, paragraph, clause, phrase or word of this ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. {2) APPROVED AS TO FORM AND CORRECTNESS JULIE O. BRU CITY ATTORNEY ..Footnotes: {1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 6 of 6 Printed On: 6/17/2009