HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #18404
Date: 10/27/2025
Commission Meeting Date: 01/08/2026
Type: Ordinance
Subject: Amend Code - Chapter 49 -
Prohibit - Illicit/Illegal
Discharge/Connection - City's Stormwater
Mgmt
Requesting Department: Department of
Resilience and Public Works
Sponsored By: Rolando Escalona,
Damian Pardo, Christine King
District Impacted: All
PURPOSE OF ITEM:
An Ordinance of the Miami City Commission amending Chapter 49 of the Code of the
City of Miami, Florida, as amended ("City Code"), titled "Sanitary Sewers, Stormwater
Management System, and Sewage Disposal", to add definitions and prohibit illicit
discharge and illegal connection to the City's Stormwater Management System.
BACKGROUND INFORMATION:
Chapter 49 of the City Code regulates the proper management, discharge, and disposal
of wastewater, stormwater, and human waste within the City to protect public health and
the environment by prohibiting unlawful discharges and requiring sanitary facilities and
compliance with stormwater and sewer regulations. The City of Miami has various rules
and regulations regarding the protection of the stormwater system, however, the City
Code does not have a definition of an illegal connection nor the prohibition of
connecting to a stormwater system in the City right-of-way from private property and on
to neighboring properties. Only rainwater is allowed to enter the stormwater system.
Connecting to a stormwater system increases water pollution, clogging and
overwhelming the structure, preventing rainwater to enter the stormwater system,
causing pollution and flooding, and when additional water is discharged due to the
illegal connection to a stormwater system from the neighboring property, causes
unwanted pollution, a nuisance for the neighbor, pedestrians and commuters; and
increases the use of city maintenance resources. The City Commission wishes to
prohibit property owners from connecting to a stormwater system, or dispose of a
property's rainwater into City right-of-ways, making explicitly clear that such action is
prohibited within the City.
Budget Impact Analysis
Item is NOT Related to Revenue
Item is NOT an Expenditure
Item is NOT funded by Bonds
Total Fiscal Impact:
City of Miami File ID: 18404 (Revision:) Printed On: 1/27/2026
N/A
City Commission
Department of Resilience and Public
Review Completed
Office of Management and Budget
Office of Management and Budget
City Manager's Office
City Manager's Office
City Manager's Office
Legislative Division
Office of the City Attorney
Office of the City Attorney
City Commission
City Commission
Office of the Mayor
Office of the City Clerk
Office of the City Clerk
Reviewed B
Nicole Ewan
Works
11/24/2025 4:27 PM
Luis Hernandez -Torres
Marie Gouin
Asael Marrero
Natasha Colebrook -Williams
Arthur Noriega V
Valentin J Alvarez
Patricia Arias
George K. Wysong III
Nicole Ewan
Maricarmen Lopez
Mayor's Office
City Clerk's Office
City Clerk's Office
Meeting Completed 11/20/2025 9:00 AM
Juvenal Santana Department Head
Budget Analyst Review Completed
Budget Review Completed
Assistance City Manager Review Completed
Deputy City Manager Review Completed
City Manager Review Completed
Legislative Division Review Completed
ACA Review Completed
Approved Form and Correctness Completed
Meeting Completed
Meeting Completed
Signed by the Mayor Completed
Signed and Attested by the City Clerk Completed
Rendered Completed
11/25/2025 8:09 AM
11/25/2025 11:31 AM
11/25/2025 1:52 PM
11/26/2025 10:54 AM
11/28/2025 8:39 AM
12/02/2025 10:07 AM
12/02/2025 1:04 PM
12/02/2025 3:02 PM
12/11/2025 9:00 AM
01/08/2026 9:00 AM
01/12/2026 6:01 PM
01/12/2026 6:21 PM
01/12/2026 6:21 PM
City of Miami File ID: 18404 (Revision:) Printed On: 1/27/2026
City of Miami
Legislation
Ordinance
Enactment Number:14434
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 18404 Final Action Date: 1/8/2026
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 49 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), TITLED "SANITARY SEWERS,
STORMWATER MANAGEMENT SYSTEM, AND SEWAGE DISPOSAL,"
TO PROHIBIT PRIVATE PROPERTY OWNERS FROM CONNECTING
ANY MAN-MADE CONVEYANCE, DISCHARGE PIPE, OR EXCAVATED
TRAIL TO THE CITY'S STORMWATER MANAGEMENT SYSTEM, AND
TO PROHIBIT PRIVATE PROPERTY OWNERS FROM DISCHARGING
WASTEWATER, HUMAN WASTE, AND NON -POTABLE FLUIDS INTO
THE STORMWATER SYSTEM OR THE CITY'S RIGHT-OF-WAY;
PROVIDING FOR ENFORCEMENT AND PENALTIES; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 49 of the City Code regulates the proper management, discharge,
and disposal of wastewater, stormwater, and human waste within the City to protect public
health and the environment by prohibiting unlawful discharges and requiring sanitary facilities
and compliance with stormwater and sewer regulations; and
WHEREAS, the City of Miami has various rules and regulations regarding the protection
of the stormwater system, however, the City Code does not identify an unlawful connection to a
stormwater system nor the prohibition of connecting to a stormwater system in the City right-of-
way from private property and/or onto neighboring properties; and
WHEREAS, only rainwater is allowed to enter the stormwater system; and
WHEREAS, the unlawful connection to a stormwater system increases water pollution,
clogging and overwhelming the structure, preventing rainwater to enter the stormwater system,
causing pollution and flooding, and when additional water is discharged due to the unlawful
connection to a stormwater system from a neighboring property it causes unwanted pollution, a
nuisance for the neighborhood, pedestrians and commuters; and increases the use of city
maintenance resources; and
WHEREAS, the City Commission wishes to prohibit property owners from connecting to
a stormwater system, or dispose of a property's rainwater into City right-of-ways, making
explicitly clear that such action is prohibited within the City:
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
City of Miami File ID: 18404 (Revision:) Printed On: 1/27/2026
Section 2. Chapter 49 of the City Code is hereby amended in the following particulars:1
"CHAPTER 49
SANITARY SEWERS, STORMWATER MANAGEMENT SYSTEM, AND SEWAGE DISPOSAL
* * *
Sec. 49-4. - Discharge of wastewater or other non -potable fluids into city stormwater
management system regulated and unlawful connection to the stormwater system prohibited.
a. Prohibited activities.
(1) It shall be dal unlawful to discharge wastewater (including wastewater with a
turbidity of 29 nephelometric turbidity units (NTUs) or greater), non -potable
fluids, stormwater, or groundwater from a construction excavation or other non -
natural sources into the city's stormwater management system unless the rules,
regulations, and requirements of the resilience and public works department
governing such discharge have been fulfilled and a permit has been obtained
from such department allowing same for the City and is in the best interest of the
public health, safety and welfare of the City.
(2) It shall be unlawful to discharge stormwater and non -potable fluids directly from
private property to the City's right-of-way or to a municipal separate storm sewer
system (MS4) that is not composed entirely of stormwater except discharges
pursuant to the City's National Pollutant Discharge Elimination System permit.
(3) It shall be unlawful to connect any man-made conveyance, discharge pipe, or
excavated trail to a municipal separate storm sewer system from private
property. Any such connection to a City stormwater structure or pipe is strictly
prohibited.
Sec. 49-5. — Discharge, connection or dumping of septic tank contents into city stormwater
management system prohibited.
a. Prohibited activities.
It shall be illegal unlawful to dump or discharge the contents of septic tanks and
portable toilets into city sanitary sewer or stormwater management systems by
any manner or means whatsoever.
(2) It shall be unlawful to connect any sanitary discharge pipe to a stormwater
system. Sanitary sewer discharge to a stormwater system is strictly prohibited.
Sec. 49-7. — Enforcement/Penalties
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.
City of Miami File ID: 18404 (Revision:) Printed On: 1/27/2026
Any violation of the provisions of this Chapter is subject to enforcement pursuant to
Chapter 2, Article X, of the City Code, as amended, and may result in a citation in the
amount of $500.00, which can be issued every twenty-four (24) hours for the period
the violation remains uncured or by notice of violation. No one method of
enforcement shall preclude any other remedy available at law or in equity, including
injunctive relief. Any costs incurred by the City are recoverable.
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 immediately after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
ge = . Wy j ng III, C y ttor -y 12/2/2025
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
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.
City of Miami File ID: 18404 (Revision:) Printed On: 1/27/2026