Martin County

File #: 21-0640   
Type: Public Hearing Status: Passed
In control: Board of County Commissioners
On agenda: 4/27/2021 Final action: 4/27/2021
Title: PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING CHAPTER 67, ARTICLE 13, NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ORDINANCE, GENERAL ORDINANCES
Attachments: 1. SUPP MEMO.pdf, 2. NPDES Ordinance_4.20.2021.pdf, 3. Ad_NPDES Ord._04152021.pdf, 4. PowerPoint_NPDES_Ordinance_amendments.pdf

PLACEMENT: Public Hearings

TITLE:

title  

PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING CHAPTER 67, ARTICLE 13, NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ORDINANCE, GENERAL ORDINANCES

end

EXECUTIVE SUMMARY:

executive summary

The County is required by its National Pollutant Discharge Elimination System (NPDES) permit to prevent and abate pollution though the regulation and control of connections and discharges to the municipal separate storm sewer system.  Pursuant to an audit performed by the Florida Department of Environmental Protection, revisions to the existing ordinance are required.

body

DEPARTMENT: Public Works                     

PREPARED BY:                      Name: Dianne Hughes                     

                     Title:                     Environmental Programs Coordinator                     

REQUESTED BY: Florida Department of Environmental Protection                                          

 

PRESET:     

PROCEDURES: None                     

 

BACKGROUND/RELATED STRATEGIC GOAL:

 

The Florida Department of Environmental Protection (FDEP) performed an audit of our NPDES program in the fall of 2019.  At that time FDEP’s review of Chapter 67, Article 13, National Pollutant Discharge Elimination System, General Ordinances, indicated that the ordinance did not include adequate waste control requirements for construction sites. The proposed language update addresses the recommendation of the FDEP.  In addition, staff provided minor language clean-up and added enforcement provisions for illicit connections and discharges.

 

ISSUES:

 

The proposed ordinance is undergoing final review and will be submitted by Supplemental Memorandum.

 

LEGAL SUFFICIENCY REVIEW:

 

This is a legislative matter.  Legislative decisions are those in which the local government formulates policy rather than applying specific rules to a particular situation.  A local government’s approval or denial of an issue in its legislative capacity is typically subject to a fairly debatable standard of review. Fairly debatable means that the government’s action must be upheld if reasonable minds could differ as to the propriety of the decision reached.  Decisions subject to the fairly debatable standard of review need only be rationally related to a legitimate public purpose, such as the health, safety, and welfare of the public, to be valid.  Given this broad discretion, only decisions that arbitrary and capricious or illegal are subject to serious legal challenge.

 

RECOMMENDED ACTION:

 

RECOMMENDATION

Move that the Board approve the ordinance as presented.

 

ALTERNATIVE RECOMMENDATIONS

None

 

FISCAL IMPACT:

 

RECOMMENDATION

None

                     

ALTERNATIVE RECOMMENDATIONS

None

 

DOCUMENT(S) REQUIRING ACTION:

Budget Transfer / Amendment                      Chair Letter                                                               Contract / Agreement

Grant / Application                                          Notice          Ordinance                     Resolution

Other:     

This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.