Chapter 754 - STORMWATER MANAGEMENT UTILITY CODE

Sec. 752.115. - Relationship to other laws. TITLE XXII - TAXATION Chapter 754 - STORMWATER MANAGEMENT UTILITY CODE[1]

Footnotes: --- (1) ---

Editor's note— Ord. 2007-836-E, §§ 1 and 2, amended the Code by repealing former Ch. 754, §§ 754.101—754.116, and adding a new Ch. 754. Former Ch. 754 pertained to the Stormwater Code, and derived from Ord. No. 98-994-E and Ord. 2004-429-E.

PART 1. - ESTABLISHMENT OF UTILITY, RATES, AND ENFORCEMENT

Sec. 754.101. - Declaration, intent and scope.

(a)

The City finds and declares the following as the intent and scope of the Stormwater Management Utility Code:

(1)

To provide for effective management and financing of a stormwater system within the City by establishing a Stormwater Management Utility pursuant to Fla. Stat. 403.0893; and

(2)

To provide that the Stormwater Management Utility Code shall be effective in the General Services District of the Consolidated City of Jacksonville, as set forth in the Charter of the City of Jacksonville excluding Urban Services Districts 2, 3, 4 and 5 being the Cities of Jacksonville Beach, Atlantic Beach, Neptune Beach, and the Town of Baldwin.

(3)

To provide a mechanism for mitigating the damaging effects of uncontrolled and unplanned stormwater runoff; and

(4)

To improve the public health, safety and welfare by providing for the safe and efficient capture and conveyance of stormwater runoff and the correction of stormwater problems; and

(5)

To ensure compliance with the City's National Pollutant Discharge Elimination System (NPDES) Stormwater permit and to authorize the establishment and implementation of a plan for storm management including planning, design, coordination, construction, management, regulation, operation, maintenance, inspection, surveying and enforcement; and

(6)

To establish a program of user charges for stormwater management service to be charged to all developed property within the City that generates stormwater runoff and to use the funds to provide stormwater management services within the area and for the programs designated herein; and

(7)

To encourage and facilitate urban water resources best management techniques, including but not limited to the retention/detention of stormwater runoff, minimization of the need to construct storm sewers, compliance with Total Maximum Daily Load (TMDL) requirements mandated by the State or Federal Government, and the enhancement of the environment.

(b)

In order to accomplish these purposes, a stormwater service charge shall be made on each developed parcel in the City.

(c)

The City's stormwater service charges shall be fair and reasonable, and bear a substantial relationship to the cost of providing service and facilities, in that similar properties shall pay similar stormwater service charges. Rate studies shall be conducted periodically to ensure the equity of the service charges.

(d)

The City shall establish an Adjustment and Credit Manual to address the equity of the service charges.

(Ord. 2007-836-E, § 2; Ord. 2008-129-E, § 1)

Sec. 754.102. - Definitions.

As used in this Chapter, unless the context otherwise requires:

(a)

Adjustment and Credit Manual is the Manual created and adopted by the City which shall contain the procedures and policies, including appeals, to allow the Director to award adjustments and credits to those applicants that have completed the appropriate forms and received approval from the City Engineer.

(b)

Best management practices (BMPs) means those schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce pollutants from entering the MS4 or being discharged from the MS4 so as to protect or restore the quality of surface waters in Duval County. BMPs include, but are not limited to, treatment methods and practices to control site runoff, spillage, leaks, sludge, waste disposal or runoff from raw material.

(c)

CAO shall mean the Chief Administrative Officer of the City, or the designee thereof.

(d)

City shall mean the consolidated City of Jacksonville, Florida, and its staff and elected officials, but shall not include the City of Jacksonville Beach, the City of Atlantic Beach, the City of Neptune Beach, and the Town of Baldwin.

(e)

Department shall mean the Public Works Department of the City.

(f)

Developed property shall mean any parcel of land that has been modified by the action of persons to reduce the land's natural ability to absorb and hold rainfall. These modifications include, but are not limited to, clearing, grading, cementing, filling, or compacting the natural ground, or erecting or constructing buildings, parking lots, driveways, patios, decks, walkways, and athletic courts.

(g)

Director means the Director of Public Works, who has been designated by Section 754.104 as the Director of the Stormwater Management Utility or his designee.

(h)

Discharge includes, but is not limited to, any spilling, leaking, seeping, pouring, emitting, emptying or dumping of any material, including liquids.

(i)

Drainage area shall mean the watershed (acreage) contributing surface water runoff to the City's storm drainage system.

(j)

Drainage System Rehabilitation (DSR). This program improves existing drainage conveyance systems with the purpose of restoring equivalent levels of protection (capacity and/or water quality benefits) to public property. In cases where project-specific funding requirements exceed $2,000,000, specific authorization for named projects that fall under the requirements of the Capital Improvement Program (CIP) will be followed. DSR Project types include, but are not limited to, piped systems, drainage swales, underdrain systems, outfalls, inlets, stormwater management facilities, etc. DSR projects of $2,000,000 in value or less shall not be required to follow the provisions of Section 122.605(b), Ordinance Code, as to receiving separate approval by the City Council for projects that would otherwise have been required to be line-item approved.

(k)

Dwelling unit shall mean a building or part thereof occupied in whole or in part as the residence or living quarters of one or more persons, permanently or temporarily, continuously or transiently.

(l)

Illicit connection means any man-made conveyance connecting a non-stormwater discharge directly to a municipal storm sewer system.

(m)

Illicit discharge means any discharge to a municipal separate storm sewer system that is not composed entirely of storm water except discharges pursuant to a National Pollutant Discharge Elimination System permit (other than the City's NPDES stormwater permit). The term also does not include water line flushing, landscape irrigation, diverted stream flows, rising underground waters, uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20)) to separate storm sewers, well point water discharges from potable water sources, foundation drains, air conditioning condensate, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, dechlorinated swimming pool discharges, flows from riparian habitats and wetlands, street wash waters, and discharges or flows from emergency fire fighting activities.

(n)

Impervious area or impervious surface shall mean a surface which has been compacted or covered with a layer of material so that it is resistant to infiltration by water, including semi-pervious surfaces such as compacted clay, gravel used as travelways, most conventionally surfaced streets, roofs, sidewalks, parking lots, or other similar surfaces.

(o)

Industrial activities mean activities which are conducted on properties designated for industrial land use according to local comprehensive plans and at facilities identified by the U.S. Environmental Protection Agency as requiring a National Pollutant Discharge Elimination System stormwater permit under the definition of "Stormwater Discharge Associated with Industrial Activity" in 40 CFR 122.26.

(p)

Industrial and high risk runoff means discharges from landfills, hazardous waste treatment, storage, disposal and recovery facilities, facilities that have reported under the requirements of EPCRA Title 3, Section 313, and any other industrial or commercial discharge which the Director determines is contributing a substantial pollutant loading to the MS4.

(q)

Inspection includes, but is not limited to, a review of all components of a stormwater management system, records on operation and maintenance of facilities and the results of any monitoring performed in compliance with State, federal or local regulations or permit conditions.

(r)

Multifamily residential properties shall mean and include all duplex, condo, trailer, apartment and other properties containing more than one dwelling unit. Common areas associated with such properties shall be included in the charge to the multifamily units on such properties.

(s)

Municipal separate storm sewer system or MS4 means that conveyance or system of conveyances (including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, man-made channels, pipes, head walls, manholes and storm drains) governed by the MS4, designed or used for collecting or conveying storm water, which is not a combined sewer, and which is not part of a publicly owned treatment works as defined in 40 CFR 122.2.

(t)

Nonresidential properties shall mean and include all property zoned or used for commercial, industrial, retail, governmental, or other nonresidential purposes and shall include all developed real property in the City not classified as single-family or multifamily as defined in this Section.

(u)

Owner shall mean the person in whom the ownership, dominion or title of property is vested. The term may include a tenant, if chargeable under a lease agreement for the maintenance of the property, and any agent of the owner or tenant, including a developer.

(v)

Person shall mean any person, firm, individual, partnership corporation, organization or association of any kind.

(w)

Receiving water shall mean those creeks, streams, rivers, lakes, sinkholes, and other bodies of water into which surface waters are directed, either naturally or in manmade ditches, pipes, or open systems.

(x)

Credit factor shall mean the numeric value generated utilizing the Adjustment and Credit Manual developed by the City, and amended as needed.

(y)

Service charge or service fee shall have the same meaning as User Fee.

(z)

Single Family Unit (SFU) shall mean the basic unit for the computation of stormwater service charges and is defined as 3100 square feet of impervious area, which represents the estimated average impervious area for all developed, detached single-family dwelling units in the City.

(aa)

Storm sewer refers to a municipal storm sewer.

(bb)

Stormwater means stormwater runoff, surface runoff and drainage.

(cc)

Stormwater detention basin shall mean a facility, either natural or manmade, that collects and contains stormwater runoff and allows the release of the stormwater through a structure that is designed to control the rate of the release of the stormwater, as acknowledged by the Director or designee.

(dd)

Stormwater detention/retention basin shall mean a facility, either natural or manmade, that performs a combination of both a stormwater detention basin and a retention basin, as acknowledged by the Director or designee.

(ee)

City's/State's Stormwater management system shall mean and include all natural and manmade elements used to convey stormwater from the first point of impact with the surface of the earth to a suitable receiving water body or location internal or external to the boundaries of the City. The stormwater management system includes all pipes, channels, streams, ditches, wetlands, sinkholes, detention/retention basins, ponds, and other stormwater conveyance and treatment facilities, and includes TMDL compliance requirements.

(ff)

Stormwater retention basin shall mean a facility, either natural or manmade, that collects and contains stormwater runoff and only allows the release of the stormwater runoff by one or more of the following: evaporation, percolation into the natural ground and/or percolation into a manmade filtration system that may convey the stormwater runoff to a stormwater management system, as acknowledged by the Director or designee.

(gg)

TMDL shall mean the Total Maximum Daily Load nutrient load requirements with which the City shall be required to comply.

(hh)

User Fee or Service Charge shall mean the fee or charge for stormwater service established pursuant to this ordinance.

(ii)

User Fee Adjustment shall mean the adjustment of the user fee assessed to a particular parcel based upon errors or mistakes in the fee or charge for that parcel.

(jj)

User Fee Credit shall mean the credit for stormwater management services provided by the applicant for a specific parcel and awarded by the Director in accordance with the Adjustment and Credit Manual.

(kk)

User Fee Reduction shall mean the Reduction of the User Fee to a specific parcel based upon this ordinance. An application from the Owner or Owner's Agent and approval to award this credit will be the responsibility of the Director.

(Ord. 2007-836-E, § 2; Ord. 2008-129-E, § 1; Ord. 2015-426-E, §§ 1, 2; Ord. 2025-146-E, § 1)

Sec. 754.103. - Stormwater Management Utility—Established.

There is hereby created and established in the City a stormwater management utility in accordance with F.S. § 403.0893. This utility shall constitute the storm water management system; shall operate from within the Department of Public Works; and shall be responsible for the City's stormwater management plan, subject to appropriations from the City Council.

(Ord. 2007-836-E, § 2)

Sec. 754.104. - Stormwater Management Utility Director.

The Director of Public Works shall serve as the Director of the City's stormwater management utility.

(Ord. 2007-836-E, § 2)

Sec. 754.105. - Stormwater Management Utility Director—Duties and powers.

The Stormwater Management Utility Director shall have all powers necessary for the exercise of responsibility of the drainage of stormwater from all properties with the City covered by this Chapter, including, but not limited to, the following:

(a)

Preparation of plans for improvements and betterments to the stormwater management system.

(b)

Construction of improvements and betterments to the stormwater management system.

(c)

Promulgation of regulations for the use of the stormwater management utility and system, including provisions for enforcement of such regulations.

(d)

Review and approval of procedures, regulations and criteria by which the Development Management Group reviews all new development permits within the City for compliance with stormwater management regulations included in present City ordinances or ordinances later adopted.

(e)

Performance of routine maintenance and minor improvement to the stormwater management system.

(f)

Recommend the establishment and adjustment of user fees and charges, which shall be submitted to City Council for approval, for the City's stormwater management utility and system.

(g)

Evaluation of water quality concerns for discharges to the stormwater management system.

(h)

Performance of all normal utility functions to include construction, operation, and maintenance of the City's stormwater management system, including, but not limited to, the hiring of staff, the selection of special consultants, the entering into contracts for services and construction of facilities, and the handling of purchase, lease, sale or other rights to property for the stormwater management system; all consistent with the personnel and procurement requirements of the City.

(i)

Recommendation of the issuance of revenue bonds for the purpose of performing those duties as described herein.

(j)

Award User Fee Credits, User Fee Reductions and User Fee Adjustments in accordance with this Section and the approved Adjustment and Credit Manual.

(Ord. 2007-836-E, § 2; Ord. 2008-129-E, § 1)

Sec. 754.106. - Authority for service charges, and for the levy, collection, payment and enforcement thereof.

(a)

Authorization. The City Council is empowered by this Chapter to establish, upon recommendation of the Director, service charges for the use and discharge to the City's stormwater management system. Such service charges shall be based on the cost of providing stormwater management services to all properties within the General Services District of the Consolidated City of Jacksonville, as set forth in the Charter of the City of Jacksonville, excluding Urban Services Districts 2, 3, 4 and 5 being the Cities of Jacksonville Beach, Atlantic Beach, Neptune Beach, and the Town of Baldwin. As of 2007, the annual cost of providing stormwater services is approximately $33,000,000.

(b)

Rates for stormwater management service. There will be a charge for all Owners of real property in the City covered by this ordinance, who have improvements or uses thereon which contribute stormwater runoff to the City's stormwater management system, a monthly stormwater service charge. The basic stormwater service charge shall be per month per SFU, or per year per SFU, as found in www.coj.net/fees, as follows:

Single-Family detached residential 1549 or less square feet impervious area

Single-Family detached residential with impervious area between 1550 and 4650 square feet

Single-Family detached residential with impervious area greater than 4650 square feet

Townhouse, duplex tri-plex, quad-plex and condominium

Mobile home and mobile home park

Multi-family dwelling units with 5—9 units

Multi-family dwelling units with greater than 9 units

All nonresidential properties shall be calculated based on the following calculation: Square footage of impervious area divided by 3100 equals the SFU billing units. The fee calculation as found in www.coj.net/fees will be multiplied by the number of billing units to calculate the property stormwater service charge per month.

(c)

Application to certain developed properties. Service charges shall apply to all developed properties, except public right-of-way and roads developed in accordance with City standards in residential developments, covered by this ordinance within the City using the City's stormwater management system, including those properties classified as nonprofit or tax-exempt for ad valorem tax purposes, except those specifically entitled to User Fee Credits, User Fee Adjustments or User Fee Reductions as set forth herein. Service charges shall apply to all government properties, including properties of the City, including the City-owned buildings, parks, and other properties except as specifically provided for herein. In recognition of the fact that the Duval County School Board (DCSB) is a part of the Consolidated Government, and of the future construction needs of both the City and the DCSB relating to stormwater management systems; and in recognition that current land restrictions at some existing DCSB facilities preclude construction of adequate stormwater management facilities, the City and the DCSB will work together to create joint stormwater projects. In lieu of payment of the stormwater fee, the City and the DCSB shall work together to determine the credits that would otherwise be due the DCSB and shall develop a Memorandum of Understanding (MOU), approved by the Council committee to which matters regarding utilities are referred, that will result in a Joint Stormwater Capital Improvement Program (CIP).

(d)

Undeveloped property. Stormwater service charges shall not be charged to undeveloped property that has not been altered from the natural state as defined herein. Properties dedicated exclusively to farmland, gardens, and landscaped areas shall also be exempt except for any roads, parking, or structures associated therewith.

(e)

Levy, collection and payment—alternative methods.

(1)

The stormwater service charges authorized, established, and imposed herein shall commence on July 1, 2008, and shall be due and payable in advance. For the first year of the stormwater service charge, the period of collection shall be from July 1, 2008 to December 31, 2008. In subsequent years, the service charge shall be due for the twelve month calendar year period. The stormwater service charges authorized herein may be billed on an annual basis, or on a monthly, quarterly, semi-annual or pro-rated basis if determined to be in the best interest of the City, and may be charged and collected in advance. The method of billing shall be through any legally authorized method approved by the Director. Stormwater service charges may be collected through the Tax Collector's Office based upon mutually agreeable methods and costs, or may be billed through other means as may be financially advantageous to the City.

(2)

The City may utilize the Uniform Method of Collection as a non-ad valorem assessment if such collection method is approved by the City Council in accordance with Florida Statute 197.3632.

(3)

The City may impose late fees in the amount of one percent per month (1%) simple interest on unpaid balances.

(4)

The City may utilize any legally available collection methods, including but not limited to filing lawsuits or placing liens, in order to collect past due amounts. Liens may not be foreclosed.

(Ord. 2007-836-E, § 2; Ord. 2008-129-E, § 1; Ord. 2017-665-E, § 37)

Sec. 754.107. - Stormwater Management Utility Trust Fund.

(a)

A stormwater management utility trust fund is hereby established into which all revenues from user stormwater service charges, grants, or other funding sources shall be deposited and from which all expenditures related to the City's stormwater management utility shall be paid. All disbursements therein are hereby appropriated and shall not lapse but shall carryover into each succeeding fiscal year. Accounting and reporting procedures shall be consistent with State law and reported to the City Council by the Stormwater Management Utility Director or designee on an annual basis.

(b)

Expenditures from the fund for activities that are not related to the City's stormwater management utility shall not be permitted, except for prorated charges for general City and central service costs.

(Ord. 2007-836-E, § 2)

Sec. 754.108. - Appeals.

Any customers or property owners who feel that the stormwater service charge for their property, or any credit therefore, has been assigned or computed incorrectly may petition in writing following the procedures set forth in the Adjustment and Credit Manual.

(Ord. 2007-836-E, § 2; Ord. 2008-129-E, § 1)

Sec. 754.109. - Council Approval of User Fee Credits, Adjustments, and Reductions, Applications and Reporting Requirements and Implementation Manuals and Rules.

The City Council hereby approves the following user fee credits, fee reductions, and fee adjustments, and application and reporting requirements, and the use of the Adjustment and Credit Manual, as set forth in this Section.

(a)

User Fee Credits, Fee Reductions and Adjustments shall be applied as follows:

(1)

User fee reduction for organizations classified as 501(c)(3) in accordance with the rules of the Internal Revenue Service. In recognition by the City of the contributions to the overall benefit and well-being of the community by organizations which are classified as a 501(c)(3) organization in accordance with the rules of the Internal Revenue Service, a fee reduction in the amount of 100 percent of the overall stormwater service charge is authorized. In order to obtain the fee reduction, the organization must provide evidence of the following:

(i)

That the physical structure on which the stormwater service charge is assessed is owned and operated by the 501(c)(3) organization for the purposes of providing its programs to the community; and

(ii)

The organization must provide documentation confirming IRS Code 501(c)(3) designation.

(2)

Low Income In Accordance with Federal Guidelines. If the dwelling unit on which the stormwater service charge is assessed is owned by an individual or family with an income level within 150 percent of the Federal poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services under the authority of 42 U.S.C. 9902(2), then a user fee reduction in the amount of 100 percent of the stormwater service charge shall be granted.

(3)

User Fee Adjustments. If the Owner believes that the invoice submitted for the property contains errors, an application should be submitted in accordance with the procedures set forth in the Adjustment and Credit Manual.

(4)

User Fee Credits for Stormwater Management Best Practices. User fee credits of 50 percent may be allowed, in accordance with the requirements and procedures contained in the Adjustment and Credit Manual. In exceptional circumstances only, a user fee credit of up to 75 percent may be allowed, in accordance with the requirements and procedures in the Adjustment and Credit Manual.

(b)

Applications and Reports Required. For all User Fee Credits, User Fee Reductions, or User Fee Adjustments to be applicable to an individual property, the Owner, or the Owner's agent, shall file an application, and supply the appropriate documentation required. Internal Revenue Service 501(c)(3) organizations contained in IRS Publication 78 shall be classified to receive the user fee reduction on the initial invoice without further application. Self reporting is also required for certain credits, reductions or adjustments to continue from year to year. Specific forms, application procedures and reporting requirements are set forth in the Adjustments and Credit Manual.

(c)

Calculation of Maximum Credits Allowable. In calculating the fee reduction for IRS 501(c)(3) organizations, the fee reduction allowed pursuant to that Section shall be calculated first, and any additional credits allowed shall be calculated based on the balance of the fee owed.

(d)

Adjustment and Credit Manual. The City Council hereby approves the Adjustment and Credit Manual, dated March 25, 2008. The Manual shall be on file with the Office of Legislative Services, and made available to the public on request, and may be modified by the Subdivision Standards and Policy Advisory Committee (SSPAC) in accordance with the procedures established in the City Code. Whenever the Adjustment and Credit Manual is revised, a copy thereof shall be placed on file in the Legislative Services Division of the City Council.

(e)

Record keeping and reporting. On a City fiscal year basis, the Department of Public Works shall maintain records to show how all credits, adjustments, and discounts have been applied, and the Director of Public Works shall annually prepare a report to be presented to the Council and the Council Auditor each April 1 commencing in 2009.

(Ord. 2007-836-E, § 2; Ord. 2008-129-E, § 1)

Sec. 754.110 - City's obligation to fund Sec. 754.109(a)(1) and (2) user fee reductions.

Annually, the City shall determine the total amount of those user fee reductions authorized by Section 754.109(a)(1) and (2), and shall, in the annual budget, appropriate said total Section 754.109(a)(1) and (2) reduction fees to the Stormwater Utility Sub Fund Group to be utilized for pay as you go projects only and not for projects supported by bond funds.

(Ord. 2008-129-E, § 1)

Sec. 754.111. - Stormwater project funding from cash or pay as you go projects only.

Prior to October 1, 2015, a number of stormwater projects were funded with funds borrowed from the Banking Fund and debt service for such Banking Fund obligation is currently, and until paid off, will continue to be paid from the revenue of the utility. As of September 30, 2015 no debt service will be paid from utility revenue for any debt incurred prior to the creation of the stormwater utility. Further, no additional debt service shall be paid for or pledged from revenues generated in the Stormwater Utility Sub Fund. Any waiver of this Section shall require a super majority vote of full Council.

(Ord. 2014-634-E, § 1; Ord. 2015-426-E, § 3)

Sec. 754.112. - Annual Budget for Stormwater User Fees.

Within the annual budget from the revenues received from § 754.106 and § 754.110, the greater of $4,000,000 or 15 percent of the total revenue received whichever is higher shall be appropriated for stormwater capital projects, and no less than $6,000,000 shall be designated Drainage System Rehabilitation.

(Ord. 2015-426-E, § 4)

PART 2. - VIOLATIONS AND PROHIBITED ACTIVITIES

Sec. 754.201. - Stormwater discharges from industrial activities and construction sites.

(a)

Using best management practices, stormwater from construction sites shall be controlled to retain sediment on-site and prevent violations of State water quality standards. All erosion and sediment controls required under the pollution prevention plan of a National Pollutant Discharge Elimination System permit for construction, required by a stormwater permit issued by the Florida Department of Environmental Protection or the St. Johns River Water Management District, or required by a City permit or approved construction plan shall be properly implemented, maintained and operated. The minimum requirements for controlling stormwater run-off from construction sites are specified in the City Land Development Procedures Manual and its standard specifications and details.

(b)

Stormwater from areas of construction activity shall be treated or managed on-site, using best management practices, before being discharged to an MS4 or to surface waters. All stormwater discharges from the site shall be of a quality which will not adversely impact the water quality or the beneficial uses of the receiving water.

(c)

Owners and operators of industrial facilities and/or construction sites that will discharge stormwater to an MS4 shall notify the Office of the City Engineer, in writing, before the discharge begins. The noticed discharge shall not begin earlier than 5:00 p.m. of the next municipal working day after the City Engineer's Office receives the notice.

(d)

Any person who has been issued an NPDES permit authorizing discharges to the MS4 shall submit a complete copy of the permit to the City NPDES coordinator, within 60 days after the effective date of this Chapter, or 60 days after the issuance, of the permit.

(Ord. 2007-836-E, § 2)

Sec. 754.202. - Illicit discharges; reporting.

Illicit discharges to the MS4 are prohibited. Within 72 hours after discovering an illicit discharge, persons responsible for the discharge shall report the discovery to the City Engineer's Office. Initially, the report may be by telephone, but the person responsible shall submit a written report within 72 hours of discovery. The report shall include a description of the discharge volume, content and frequency; the location of the point of discharge to the MS4; the measures taken or to betaken to terminate the discharge; and, the name, address and telephone number of the person who may be contacted for additional information.

(Ord. 2007-836-E, § 2)

Sec. 754.203. - Control of pollutant contributions from stormwater sewer systems connected to the MS4.

The discharge of stormwater between interconnected State, or other municipal storm sewer systems shall not impair the quality of the discharge from the MS4. Owners of sections of a storm sewer connected to the MS4 are responsible for the quality of discharge from their portion of the system and shall coordinate with owners of downstream segments before beginning to modify their system segments.

(Ord. 2007-836-E, § 2)

Sec. 754.204. - General prohibition.

In addition to illicit discharges, discharge of spills and the dumping and disposal of materials other than stormwater, including, but not limited to, industrial and commercial wastes, commercial car wash wastes, sewage, garbage, yard waste, trash, petroleum products (including used motor vehicle fluids), leaf litter, grass clippings, and animal wastes), into the MS4 whether directly or indirectly, are prohibited, unless authorized under a NPDES permit.

(Ord. 2007-836-E, § 2)

Sec. 754.205. - Correction and discontinuance of prohibited discharges.

(a)

The Stormwater Management Utility Director may order the correction of any unsafe, nonconforming or unauthorized condition which violates any provision of this Chapter, or rule adopted hereunder. The Director may also order discontinuance of any activity causing such condition.

(b)

Whenever the Stormwater Management Utility Director orders the correction or discontinuance of any condition or activity on any premises pursuant to this Section, the Director shall notify the owner or other person responsible for the condition or activity in writing which notice shall state the nature of the violation, direct the person to correct or discontinue the condition or activity, and provide a reasonable time for the satisfactory correction thereof. Within the time specified in the notice, the responsible person shall permanently cease or correct all violations. Failure to comply with such an order shall constitute a violation of this Chapter.

(Ord. 2007-836-E, § 2)

Sec. 754.206. - Emergency conditions.

Notwithstanding any other provisions of this Chapter, whenever the Stormwater Management Utility Director determines that conditions or activities exist requiring immediate action to protect public health, safety or welfare, or to provide for compliance with this ordinance, rules promulgated hereunder, the terms of the City's NPDES permit conditions or the stormwater control conditions of any City-issued permit or City approved construction plan, City forces are authorized to enter at a reasonable time in or upon any property for the purpose of testing, inspecting, investigating, measuring, sampling and correcting such emergency conditions. Failure to admit personnel responding to emergency conditions, as determined and authorized by the Director, shall constitute a separate violation of this Chapter.

(Ord. 2007-836-E, § 2)

Sec. 754.207. - Liability for pollution abatement.

Any person responsible for illicit discharges, or noncompliance with best management practices at industrial and/or construction sites, and who fails to correct any prohibited condition or discontinue any prohibited activity at the order of the Director shall be liable to the City for the expenses incurred in abating pollution, including expenses incurred in testing, measuring, sampling, collecting, removing, treating, and disposing of the polluting materials and preventing further noncompliance and/or illicit discharges.

(Ord. 2007-836-E, § 2)

Sec. 754.208. - Industrial and high risk runoff.

Within the schedule established under the City's joint National Pollutant Elimination Discharge System stormwater permit, the Director shall identify and develop a program to control pollutants in stormwater discharges to the MS4 from industrial and high risk runoff sources. In developing a control strategy, the Director may rely on data submitted by industrial facilities to State and federal environmental regulatory agencies in satisfaction of their State and/or federal discharge permits. If such data is inadequate for developing a pollutant control program for industrial and high risk runoff sources, the Stormwater Management Utility Director may require such sources to conduct self-monitoring.

(Ord. 2007-836-E, § 2)

Sec. 754.209. - Injunctive relief prohibiting discharge.

Immediately upon discovering an ongoing or potential illicit discharge or noncompliance with best management practices to control erosion and/or sediment deposition at construction sites and/or industrial activities, the Stormwater Management Utility Director, in the name of the City, is authorized to apply to the Circuit Court for an injunction. The court shall have jurisdiction, upon a hearing and for sufficient cause shown, to grant a permanent injunction restraining a person from violating this Chapter and rules adopted hereunder, or from failing or refusing to comply with an order of the Stormwater Management Utility Director. The City shall be entitled to reasonable attorney's fees and costs, including appellate fees and costs, in an action where the City is successful in obtaining affirmative relief.

(Ord. 2007-836-E, § 2)

Sec. 754.210. - Enforcement.

(a)

In addition to the remedies set forth in Section 754.209, this Chapter may be enforced by the Stormwater Management Utility Director pursuant to authority granted herein as follows:

(1)

By citation for civil penalties pursuant to the authority granted by F.S. Ch. 162, Part II, and Ch. 609, Ordinance Code; and

(2)

By action for injunctive relief, for civil penalties in the amount of $500 for each day of violation, or both, through a court of competent jurisdiction.

(b)

This Chapter may also be enforced by law enforcement officers of the Jacksonville Sheriff's Office as provided in Section 754.211(a).

(c)

The Stormwater Management Utility Director is authorized to enter into consent orders and compliance plans to administratively resolve violations or alleged violations.

(Ord. 2007-836-E, § 2)

Sec. 754.211. - Penalties; civil penalties.

(a)

Any person who violates any provisions of Part 2 of this Chapter shall be guilty of a class D offense; however, the violator may be punished by a fine, either alone or in addition to the imprisonment that may be imposed for class D offenses, not to exceed $2,000 a day.

(b)

Municipal code enforcement pursuant to Chapter 609, Ordinance Code, is supplemental to enforcement taken by the Director or law enforcement officers.

(c)

Violations of this Part shall be punishable by a civil penalty of not more than $2,000 for the first offense and of not more than $2,000 for each offense thereafter.

(d)

Each day during any portion of which such violation occurs shall constitute a separate offense.

(e)

The remedies and penalties provided in this Chapter are not exclusive, and the City may seek whatever other remedies are authorized by statute, at law or in equity, against any person who violates the provisions of this Chapter.

(Ord. 2007-836-E, § 2)

Sec. 754.212. - Rules.

The Director is authorized to promulgate technical rules pursuant to Part 2, Chapter 100, Ordinance Code, as appropriate to further implement this Chapter.

(Ord. 2007-836-E, § 2; Ord. 2008-129-E, § 1)

PART 3. - WATER QUALITY COMPENSATORY CREDITS

Sec. 754.301. - Intent.

It is the intent of the City to effectively manage the quantity of stormwater facilities and ponds constructed by developers within the City. The City desires to offer stormwater facility water quality compensatory credits for sale to developers, or provide such credits to developers as redevelopment agreement incentives, as an alternative solution to meeting the stormwater facility water quality requirements for drainage improvement projects within the City.

(Ord. 2020-628-E, § 1)

Sec. 754.302. - Definitions.

For purposes of this Part, the terms defined below shall have the following meanings:

(1)

CAO shall mean the City's Chief Administrative Officer.

(2)

City Stormwater Permit shall mean the St. Johns River Water Management District permit for each applicable Stormwater Management Facility, as such permit may be amended.

(3)

Developer the owner of a development project seeking Credits under this Part.

(4)

Development project shall mean a development project located within the City.

(5)

Director shall mean the Director of the Public Works Department or designee.

(6)

Stormwater Facilities or Stormwater Facility shall mean a City owned facility or facilities that meet the definitions in Sections 754.102(cc), (dd), (ee) and (ff) of Chapter 754, Part 1 of the Ordinance Code.

(7)

Water Quality Compensatory Credit(s) or Credit(s) shall mean intangible property interest being sold by the City pursuant to this Section that represents a certain portion of the City's surplus stormwater facility water quality compensatory credits under a City Stormwater Permit.

(8)

Water Quality Compensatory Credit Ledger or Ledger shall mean the ledger to be maintained by the Director and updated regularly as needed to document all Credit transfers made by the City pursuant to this Section.

(Ord. 2020-628-E, § 1)

Sec. 754.303. - Authority.

The Director is authorized to sell Water Quality Compensatory Credits to a developer for a fee for use in a development project or provide Credits to a developer as an incentive pursuant to a redevelopment agreement in accordance with the requirements of this Part, subject to the CAO's prior approval.

(Ord. 2020-628-E, § 1)

Sec. 754.304. - Credit application process.

A developer seeking to obtain Water Quality Compensatory Credits for a development project pursuant to this Part shall submit a written request to the Director. Such request shall contain at a minimum the following information and such other information as required by the Director:

(1)

Name and contact information, including address, phone number, fax number and email, for the developer;

(2)

Location and brief description of the development project;

(3)

Certified copy of the engineering plans for the development project;

(4)

Name and contact information, including address, phone number, fax number and email, for the engineer of record; and

(5)

Number of Water Quality Compensatory Credits requested by the developer to meet the stormwater facility water quality requirements for the development project.

Upon receipt of a written request from a developer, the Director, or designee, shall review the request and determine the Credit fee pursuant to Section 754.305 below. At such time that the Director has determined the Water Quality Compensatory Credit fees for the development project, the Director shall notify the developer of the fees. If based on the fees the developer agrees to consummate the Credit sale, the Director shall proceed with obtaining the necessary approval from the CAO. In no event shall the City transfer Water Quality Compensatory Credits to a developer until the developer has (i) executed an agreement under Section 754.307 below and paid the City for such Credits (i.e., Credit sale); or (ii) complied with the terms of an executed redevelopment agreement regarding such Credits (i.e., Credit incentive).

(Ord. 2020-628-E, § 1)

Sec. 754.305. - Credit Fees.

A developer shall pay a fee for each Credit sold pursuant to this Part. Such fee shall be determined by the Director based on the design costs, construction and inspection costs, and the ongoing operation and maintenance costs necessary to construct and maintain a stormwater facility or pond for the development project.

(Ord. 2020-628-E, § 1)

Sec. 754.306 - Proceeds from Credit Sale.

Proceeds from the sale of Water Quality Compensatory Credits pursuant to this Part shall be deposited into a designated account within the Stormwater Services Capital Projects Fund. The appropriation of these funds from the Stormwater Services Capital Projects Fund shall require further City Council approval.

(Ord. 2020-628-E, § 1)

Sec. 754.307. - Agreement Terms.

Prior to or contemporaneously with the transfer of Water Quality Compensatory Credits pursuant to this Part, a developer shall agree via a agreement in a City approved form to:

(1)

Adhere to the terms and conditions of the City Stormwater Permit;

(2)

Provide for an option for the City to buy back the credits sold if they are not used within five years at the original price they were sold to the developer; and

(3)

Adhere to any other terms as determined by the Public Works Director to protect the City's interests under the City Stormwater Permit.

The Mayor, or designee, and the Corporation Secretary are authorized to execute the agreements required pursuant to this Section.

(Ord. 2020-628-E, § 1)

Sec. 754.308. - Coordination; Credit Ledger.

The Director shall be responsible for keeping and maintaining the Water Quality Compensatory Credit Ledger. The Ledger shall contain information regarding the transaction history and relevant details for all Credit transfers pursuant to this Part, including, but not limited to, the number of Credits transferred, the project name, the developer name, the Credit fee per transfer, and the balance of Credits remaining under a City Stormwater Permit.

(Ord. 2020-628-E, § 1)

Sec. 754.309. - Credits to run with the land; Transferability; Development Project Changes.

Water Quality Compensatory Credits transferred pursuant to this Part shall run with and be appurtenant to the development project land. A developer may assign or transfer Credits obtained pursuant to this Part in connection with the sale, assignment or transfer of the development project land. If after the Credit transfer date, the development project changes and the number of Credits necessary for such development decreases, a developer shall not be entitled to receive a Credit reduction or Credit refund payment from the City. If after the Credit transfer date, the development project changes and the number of Credits necessary for such development increases, any appurtenant Credits to the development project land shall be used to meet the Credit requirements necessary for such changed development project.

(Ord. 2020-628-E, § 1)

Sec. 752.115. - Relationship to other laws. TITLE XXII - TAXATION