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HomeMy WebLinkAboutO-14434City of Miami Ordinance 14434 Legislation 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. SPONSOR(S): Commissioner Rolando Escalona, Commissioner Damian Pardo, Commissioner Christine King 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: City of Miami Page 1 of 3 File ID: 18404 (Revision:) Printed On: 1/27/2026 File ID: 18404 Enactment Number: 14434 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. 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. 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 Page 2 of 3 File ID: 18404 (Revision:) Printed on: 1/27/2026 File ID: 18404 Enactment Number: 14434 Sec. 49-7. — Enforcement/Penalties 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: 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 Page 3 of 3 File ID: 18404 (Revision:) Printed on: 1/27/2026