Chapter STORMWATER MANAGEMENT

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1 Chapter STORMWATER MANAGEMENT Definitions Scope and Purpose Findings and Determinations Creation of Stormwater Management Program Stormwater Management Fees and Charges Classification and Criteria Fees and Charges for Stormwater Management Responsibility for Payment, Enforcement of Collections, and Lien Method of Collection Funding sources Flooding; Liability Violations and Remedies Definitions The following words, when used herein, shall have the meanings indicated, unless the context indicates otherwise: (1) Act shall mean the Loxahatchee River Environmental Control Act, Chapter , Special Acts of Florida, 1971, as amended. (2) Consulting Professional shall mean a qualified professional or firm of professionals licensed in the State of Florida as defined in , Florida Statutes, as amended, and retained by the District to perform the acts and carry out the duties relating to the Stormwater Management Program, as required by the District. (3) District shall mean the Loxahatchee River Environmental Control District, a special district of the State of Florida. (4) Executive Director shall mean the Executive Director of the District. (5) Exempt Property shall mean that property which is determined by the Governing Board of the District to be exempt from the payment of the Stormwater Management Fees and charges. (6) Existing Facilities shall mean the stormwater features and facilities existing in the District at the time of the enactment of this Rule. (7) Governing Board shall mean the Governing Board of the District acting as the governing body of the District. (8) Stormwater Management Fees and Charges shall mean the non-ad valorem fees and/or charges imposed by the District pursuant to this Rule and the Act, as amended and supplemented. (9) System means the stormwater management system which is designed and constructed or implemented to control discharges which are necessitated by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use, or reuse water to prevent or reduce flooding, over drainage, environmental degradation, and water pollution or otherwise affect the quantity and quality of discharges from the System. 1

2 (19), (20), (23), and (27). History New Scope and Purpose The scope and purposes of this Rule are: (1) To provide for effective management and financing for a Stormwater Management Program within the District; (2) To provide a mechanism for mitigating the damaging effects of uncontrolled and unplanned stormwater runoff from both a water quality and water quantity standpoint; (3) 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; (4) To authorize the establishment and implementation of a master plan for stormwater management including planning, mapping, monitoring, funding, design, coordination, education, renewal, replacement, construction, management, operation, maintenance, inspection, and enforcement; (5) To establish reasonable Stormwater Management Fees and charges; (6) To encourage and facilitate water resources management techniques, including but not limited to the retention/detention of stormwater runoff, minimization of the need to construct storm sewers, optimization of operation and maintenance of stormwater systems, and the enhancement of the environment. (19), (20), (23), and (27). History-New Findings and Determinations It is hereby found, determined, and declared, as follows: (1) Terminology That all terms not otherwise defined in this Chapter shall have the meaning ascribed to such terms in the Act and/or Chapter 31, Florida Administrative Code. (2) Planning and Mapping That, as a means of complying with Federal and State mandated goals and priorities relating to stormwater management, to facilitate the implementation of a Stormwater Management Program and provide for the current and future needs of the District with respect to stormwater drainage within the geographical boundaries of the District, it is in the best interests of the District to map all stormwater drainage 2

3 features and facilities relating thereto in the District, which exist now and in the future, including but not limited to such storm sewers, drains, culverts, retention systems, detention basins, drainage wells, conduits, and appurtenant features, catch basins, desilting facilities, recharging basins, outfall structures, equipment, and all appurtenances, whether man-made or natural, necessary, useful, or convenient for a unified Stormwater Management System. (3) Water Quality Monitoring That water quality monitoring of stormwater should be conducted under the unified management of a District-wide System for the purpose of, among other things, reducing or controlling erosion, sedimentation and turbidity, and other pollution of water, danger and damage to life and property, and to protect and encourage the use of efficient natural and man-made means to these ends. (4) Public Purpose That the establishment of the Stormwater Management Program and operation of the System will serve a vital public purpose and promote the common interests and provide for the health, safety, and welfare of the citizens of the District. (5) Public Benefit That the Stormwater Management Program is of benefit and provides value to all properties within the District. (6) Cost Benefit That the ongoing cost of the Stormwater Management Program, to the extent practicable, be allocated to the benefited properties within the District. (7) NPDES Program That the District be able to assist in the planning, permitting, management, surveillance, and other field services under the federally approved state National Pollutant Discharge Elimination System (NPDES) program under Section , Florida Statutes, as amended. (19), (20), (23), and (27). History-New Creation of Stormwater Management Program Pursuant to the Act, the District hereby creates and establishes the Stormwater Management Program with elements which include but are not limited to planning, mapping, monitoring, and managing the System, and further may contain elements which include but are not limited to a program for inspection, operation, maintenance, renewal, replacement, and construction of capital improvements of certain stormwater facilities, equipment, and appurtenances necessary, useful, or convenient for a complete Stormwater Management Program. The District shall have jurisdiction over the Stormwater Management Program and the responsibility for the administration thereof. The Program will be conducted in conjunction and cooperation with such other State and local governments that operate Existing Facilities in the District. The Governing Board shall preside over the Stormwater Management Program. The Executive Director, in coordination with the staff and consultants of the District shall have the responsibility for planning, developing, and implementing stormwater management plans; educating the 3

4 public and users of the System of the benefits of a Stormwater Management Program; collecting fees and charges including the Stormwater Management Fees and Charges; implementing and enforcing the provisions of this Rule; and other related duties as may be directed by the Governing Board. (19), (20), (23), and (27). History-New Stormwater Management Fees and Charges, Classification and Criteria (1) For purposes of imposing the Stormwater Management Fees, all properties, other than Exempt Property, shall be given an appropriate classification formulated from studies within the District. (2) The Stormwater Management Fees, Inspection, Operation, and Maintenance Charges, and Capital Improvement charges shall be fair and reasonable and levied in proportion to the benefit each parcel receives from the Stormwater Management Program and by the use of the System. It is also recognized that each property in the District derives a benefit from the effective planning, mapping, monitoring, and management incorporated by the Stormwater Management Program. (19), (20), (23), and (27). History-New Fees and Charges for Stormwater Management (1) Stormwater Management Fee. The amount of the Stormwater Management Fees for each property within the District, other than Exempt Property, will be formulated from studies within the District. (2) Inspection Charge. The District may require an inspection of any property and stormwater drainage facilities on property within the District. The owner and user shall be required to pay to the District an inspection charge in an amount determined by the District. Such inspection shall be made upon reasonable notice to the owner or occupant of the property unless an emergency exists, as determined solely by the Executive Director. (3) Operation and Maintenance Charge. All persons, firms, and corporations (hereinafter call Applicant ) desiring to utilize the stormwater operation and maintenance services of the District, where said services are offered as determined by the District, shall sign a Stormwater Management Operation and Maintenance Agreement prior to the District approving the provision of such services and applicant shall pay the charges as specified therein. 4

5 (4) Capital Improvement Charges. All persons, firms, and corporations (hereinafter called Developer ) desiring to utilize the construction and reconstruction services of the District, where said services are offered as determined by the District, shall sign a Stormwater Construction Developer s Agreement prior to the District approving the provision of such services and Developer shall pay the Capital Improvement Charges as specified therein. (19), (20), (23), and (27). History-New Responsibility for Payment, Enforcement of Collections, and Lien (1) The District shall hold the owner of the property primarily responsible for all Stormwater Management Fees and Charges without regard to the fact that a tenant, licensee, customer, or other party was actually utilizing the property and is paying for same directly to the District, after being billed directly by the District. (2) In the event any Stormwater Management Fees and Charges are not paid when due and are in default for thirty (30) days or more, the District may elect to hold either the property owner directly responsible for payment of same, or to seek recovery from the actual user of the property, or from both the property owner and user of the property. Regardless of any such election, the property owner and user shall be jointly and severally liable to the District for all Stormwater Management Fees and Charges incurred. No changes of ownership or occupation shall affect the application of this Rule, and the failure of any owner to learn that he purchased property against which a lien for any Stormwater Management Fees and Charges exists, shall in no way affect his or her responsibility for such payment. (3) When the Fees or Charges are in default as set forth above, the District shall provide written notice to the user of the property, or to the property owner if different from the user. If the Fees or Charges remain unpaid for ten (10) days after the date of said written notice, such delinquent Fees or Charges shall bear interest at the rate of 1 ½% per month simple interest computed from the date when originally due, until paid. Such delinquent Fees or Charges, including interest, and all other costs and expenses, including court costs and reasonable attorney s fees, may be recovered by the District from the property owner and/or the user of the property. (4) The District shall have a lien on all properties served by it for all Stormwater Management Fees and charges hereunder, from the date on which said Fees and charges are imposed until paid, which lien shall be on parity with the lien of state, county, and municipal taxes, and any lien for charges for services created pursuant to Section , Florida Statutes. Such lien shall be perfected by the District by recording in the official records of the county in which the property is located a Claim of Lien in 5

6 the form substantially as provided in Section , Florida Statutes, and shall constitute a lien against homestead, as provided in Section 4, Article X, of the Florida Constitution. A notice copy of the Claim of Lien shall be served as provided in Section , Florida Statutes, within ten (10) days after the Claim of Lien is recorded. If thirty (30) days after notice has been made, liens created under this section remain delinquent, such liens may be foreclosed by the District in the manner provided by the laws of Florida for the foreclosure of mortgages on real property, and the District shall be entitled to recovery of its reasonable interest and attorneys fees and other court costs. Specific Authority Chapter Special acts of Florida, 1971, as amended. Law (19), (20), (23), and (27). History-New Method of Collection The method of collection of the Fees and Charges for the Stormwater Management Program, and such other fees as may be applicable may include, but not limited to: (1) Billing by the District, (2) Billing by the water utilities of their customers within the Benefited Area, (3) Billing by the County Property Appraisers under Section , Florida Statutes, and/or (4) Billing by combination of the above methods or such other methods that the Governing Board determines is in the best interests of the District. (19), (20), (23), and (27). History-New Funding Sources Funding for the System may include, but not be limited to, the following: (1) Stormwater Management Fees (2) Inspection Charges (3) Operation and Maintenance Charges (4) Capital Improvement Charges (5) Direct charges and/or assessments for the cost of design, construction, repair, and reconstruction of stormwater drainage facilities, administrative costs and related expenses where the District designs, constructs, or contracts for the construction of such facilities. (6) Other income obtained from Federal, State, local, and private grants or loans. (7) Investment earnings (8) Other legally available moneys 6

7 Specific Authority Chapter special Acts of Florida, 1971, as amended. Law (19), (20), (23), and (27). History-New > Flooding: Liability Floods from stormwater runoff may occasionally occur which exceed the level of service of stormwater drainage facilities managed by funds made available under this rule. This Rule shall not be construed or interpreted to mean that property subject to the Stormwater Management Fees and/or Charges established herein will always (or at any time) be free from stormwater flooding or flood damage, or that stormwater systems capable of handling all storm events can be cost-effectively constructed, operated, or maintained; neither shall this rule create any liability on the part of, or cause of action against, the District, or any official or employee thereof, for any flood damage that may result from such storms or the runoff thereof; neither does this Rule purport to reduce the need or the necessity for obtaining flood insurance by individual property owners. (19), (20), (23), and (27). History-New Violations and Remedies It shall be unlawful to discharge or propose to discharge into the Stormwater Management System any water or wastes which contain or possess characteristics which in the judgment of the Executive director may have a deleterious effect upon the Stormwater Management System, or which otherwise create a hazard to life or constitute a public nuisance. No unauthorized person shall uncover, make any connections with, or opening into the Stormwater Management System. In the event of such violation, the District, acting through its Executive Director, may order the violator to cease and desist the violation, cure or remedy the violation, including the prevention of future violations, and such other remedies afforded to the District by law, the Act, and Chapter 31, Florida Administrative Code. The District reserves the right to establish additional rules and standards for violations not contained in this Rule. (19), (20), (23), and (27). History-New. 7

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