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Ord No 31-23-2482ORDINANCE NO. 31-23-2482 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, CREATING A NEW ARTICLE VI OF CHAPTER 17 OF THE CITY'S CODE OF ORDINANCES TO REGULATE THE CONTROL OF DISCHARGE OF POLLUTANTS INTO STORMWATER COLLECTION FACILITIES PURSUANT TO THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT PROCESS; PROVIDING FOR CORRECTIONS; CODIFICATION; SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE. WHEREAS, the Federal Clean Water Act, codified as 33 U.S.C. § 1251 et seq., prohibits discharge of pollutants" through a "point source" into a "water of the United States" without a pennit issued under the National Pollutant Discharge Elimination System ("NPDES"); and WHEREAS, NPDES is administered at the state level, with the Florida Department of Environmental Protection ("FDEP") tasked with the responsibility in Flolida pursuant to Section 403.0885, Florida Statutes; and WHEREAS, FDEP has authority to audit local governments to ensure there is appropriate pennitting and controls over pollutant discharges into public stormwater facilities; and WHEREAS, as pa11 of its oversight responsibility, FDEP perfonned an audit of City of South Miami regulations and operating procedures on July 13, 2022, and found "possible violations of Chapter 403, Florida Statutes (F.S.), and Chapters 62-620 and 62-624, Florida Adminish·ative Code (F.A.C.)" (the "State Requirements"); and WHEREAS, since being notified of the audit results, the City has worked with FDEP staff to develop regulations and operating procedures that would bring the City into full compliance the State Requirements; and WHEREAS, FDEP has reviewed the draft regulations attached as Exhibit "A" hereto and has found their adoption would meet the State Requirements; and WHEREAS, Article VIII, Section 2 of the Florida Constitution, and Chapter 166, Florida Statutes, provide municipalities with the authority to exercise any power for municipal purposes, except where prohibited by law, and to adopt ordinances in furtherance of such authority; and WHEREAS, the Mayor and City Commission finds it periodically necessary to amend its Code of Ordinances and Land Development Code ("Code") in order to update regulations and procedures to maintain consistency with state law, to implement municipal goals and objectives, to clarify regulations and address specific issues and needs that may arise; and Page 1 of3 Ord. No. 31-23-2482 WHEREAS, the Mayor and City Commission seek to amend the Code in order to meet State Requirements; and WHEREAS, the Mayor and City Commission held its first public hearing on November 21, 2023 and, having complied with the notice requirements in the Florida Statutes, approved the proposed amendment on first reading; and WHEREAS, the Mayor and City Commission has conducted a second duly noticed public hearing on these re1:,,1.dations as required by law on December 5, 2023 and further finds the proposed changes to the Code are necessary and in the best interest of the community. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Recitals Adopted. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution upon adoption hereof. Section 2. Code of Ordinances Amended. A new Article VI, Chapter 17 is hereby created as set forth in Exhibit "A" attached hereto. Section J. Corrections. Confonning language or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 4. Codification. That it is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the City's Code of Ordinances, and that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions, and that the word Ordinance shall be changed to Section or other appropriate word where necessary. Section S. Severability. If any section, clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 6. Conflicts. That all ordinances or parts of ordinances, resolutions or parts of resolutions, in conflict herewith, are repealed to the extent of such conflict. Section 7. Implementation. The City Manager is hereby authorized to take any and all necessary action to implement the purposes of this Ordinance and to transmit it to FDEP in connection with NPDES. Section 8. adoption. Effective Date. This resolution shall become effective immediately upon Page 2 of3 Ord. No. 31-23-2482 PASSED on first reading on the 21 s t day of November, 2023. PASSED AND ADOPTED on second reading on the~ day of December, 2023. ATTEST: READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF & BIERMAN, P.L. CITY ATTORNEY FMANCOLE APPROVED: ~ COMMISSION VOTE: Mayor Fernandez: Vice Mayor Bonich: Commissioner Calle: 5-0 Yea Yea Yea Commissioner Liebman: Yea Commissioner Corey: Yea Page 3 of 3 Agenda Item No:14. City Commission Agenda Item Report Meeting Date: December 5, 2023 Submitted by: Nkenga Payne Submitting Department: Public Works & Engineering Item Type: Ordinance Agenda Section: Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, CREATING A NEW ARTICLE VI OF CHAPTER 17 OF THE CITY’S CODE OF ORDINANCES TO REGULATE THE CONTROL OF DISCHARGE OF POLLUTANTS INTO STORMWATER COLLECTION FACILITIES PURSUANT TO THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT PROCESS; PROVIDING FOR CORRECTIONS; CODIFICATION; SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER-PUBLIC WORKS & ENGINEERING) Suggested Action: Attachments: Memo_NPDES.docx 47P0148-Ordinance_-_NPDES_-_SR_11.27.23.docx Exhibit A - Article VI. Illicit Discharge and Improper Disposal Ordinance.DOCX Phase I MS4 Miami-Dade County Co-Permittee Audit Notification.pdf South Miami Phase I MS4 Cycle 4 Year 4 Audit Warning Letter.pdf MDBR Ad.pdf MH Ad.pdf 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO: The Honorable Mayor, Vice Mayor, and Members of the City Commission FROM: Genaro “Chip” Iglesias, City Manager DATE: December 5, 2023 SUBJECT: Adopt a Stormwater Ordinance responsive to the 2022 Audit from the Florida Department of Environmental Protection’s (FDEP) National Pollution Discharge Elimination System (NPDES). RECOMMENDATION: Adopt the stormwater ordinance, on second reading, which brings the City into compliance pursuant to the 2022 Audit from FDEP. BACKGROUND: FDEP performed an audit of City of South Miami regulations and operating procedures on July 13, 2022, as part of FDEP’s oversight responsibility to the City of South Miami Municipal separate storm sewer system (MS4) Permit FL-000003-04, and found possible violationsof Chapter 403, Florida Statues and Chapters 62-620 and 62-624 Florida Administrative Code. The City has worked with FDEP staff to develop regulations and operating procedures that would bring the City into full compliance with the State requirements of the NPDES Permit. FDEP has reviewed the draft regulations attached as Exhibit “A” hereto and has found their adoption would meet the State Requirements. Article VIII, Section 2 of the Florida Constitution, and Chapter 166, Florida Statutes, provide municipalities with the authority to exercise any power for municipal purposes, except were prohibited by law, and to adopt ordinances in furtherance of such authority. ATTACHMENTS: FDEP Cycle 4 Year 4 Audit Notifications letter dated September 27, 2021 FDEP warning Letter dated October 24, 2022 Proposed Ordinance 2 SoutOOi • THE C ITY OF PLEASA am1 NT LIVING EXHIBIT “A” Chapter 17 – STREETS AND SIDEWALKS1 * * *2 ARTICLE VI. ILLICIT DISCHARGE AND IMPROPER DISPOSAL ORDINANCE3 Section 17-79. - Purpose/Intent. 4 The purpose of this ordinance is to provide for the health, safety, and general welfare of the citizens 5 of the City through the regulation of non-storm water discharges to the storm drainage system to 6 the maximum extent practicable as required by federal and state law. 7 This ordinance establishes methods for controlling the introduction of pollutants into the municipal 8 separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant 9 Discharge Elimination System (NPDES) permit process. The objectives of this ordinance are: 10 (1) To regulate the contribution of pollutants to the municipal separate storm sewer system 11 (MS4) by stormwater discharges by any user 12 (2) To prohibit Illicit Connections and Discharges to the municipal separate storm sewer 13 system 14 (3) To establish legal authority to carry out all inspection, surveillance and monitoring 15 procedures necessary to ensure compliance with this ordinance 16 Section. 17-80. - Definitions.17 For the purposes of this ordinance, the following shall mean: 18 Authorized Enforcement Agency means employees or designees of the City Manager or Public 19 Works Director. 20 Best Management Practices (BMPs)means schedules of activities, prohibitions of practices, 21 general good house keeping practices, pollution prevention and educational practices, maintenance 22 procedures, and other management practices to prevent or reduce the discharge of pollutants 23 directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs 24 also include treatment practices, operating procedures, and practices to control site runoff, spillage 25 or leaks, sludge or water disposal, or drainage from raw materials storage. 26 Clean Water Act means the federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and 27 any subsequent amendments thereto. 28 Construction Activity means construction projects resulting in a land disturbance. Such activities 29 include but are not limited to clearing and grubbing, grading, excavating, and demolition; creating 30 or maintaining stockpiles of soil or other material which are erodible if exposed to water or wind 31 6 EXHIBIT “A” and capable of generating dust; or, otherwise developing or improving public or private land which 32 involves the removal ofsurface cover or disturbance of soils. 33 Hazardous Materials means any material, including any substance, waste, or combination thereof, 34 which because of its quantity, concentration, or physical, chemical, or infectious characteristics 35 may cause, or significantly contribute to, a substantial present or potential hazard to human health, 36 safety, property, or the environment when improperly treated, stored, transported, disposed of, or 37 otherwise managed. 38 Illegal Discharge means any direct or indirect non-storm water discharge to the storm drain 39 system, except as exempted in Section 7 of this ordinance. 40 Illicit Connections means an illicit connection is defined as either of the following: 41 (a) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal 42 discharge to enter the storm drain system including but not limited to any conveyances 43 which allow any non-storm water discharge including sewage, process wastewater, and 44 wash water to enter the storm drain system and any connections to the storm drain system 45 from indoor drains and sinks, regardless of whether said drain or connection had been 46 previously allowed, permitted, or approved by an authorized enforcement agency or, 47 (b) Any drain or conveyance connected from a commercial or industrial land use to the storm 48 drain system which has not been documented in plans, maps, or equivalent records and 49 approved by an authorized enforcement agency. 50 Industrial Activity means activities subject to NPDES Industrial Permits as defined in 40 CFR, 51 Section 122.26 (b)(14). 52 Municipal separate storm sewer system or municipal storm drainage system or MS4 means the 53 conveyance or systems of conveyance that are owned and operated by the City of South Miami 54 and are designed or used to collect or convey stormwater (e.g., storm drains, pipes,ditches).55 National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit means 56 a permit issued by EPA (or by a State under authority delegated pursuant to 33 USC § 1342(b)) 57 that authorizes the discharge of pollutants to waters of the State, whether the permit is applicable 58 on an individual, group, or general area-wide basis. 59 Non-Storm Water Discharge means any discharge to the storm drain system that is not composed 60 entirely of storm water. 61 Operator means the party or parties that have (1) operational control of construction project plans 62 and specifications, including the ability to make modifications to those plans and specifications; 63 or (2) day-to-day operational control of those activities that are necessary to ensure compliance 64 with a Sediment and Erosion Control Plan for the site or other permit conditions imposed by an 65 authorized enforcement agency.66 7 EXHIBIT “A” Person means any individual, association, organization, partnership, firm, corporation or other 67 entity recognized by law and acting as either the owner or as the owner's agent. 68 Pollutant means anything which causes or contributes to pollution. Pollutants may include, but are 69 not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous 70 liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or 71 abandoned objects, ordinances, and accumulations, so that same may cause or contribute to 72 pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; 73 sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and 74 residues that result from constructing a building or structure; and noxious or offensive matter of 75 any kind. 76 Premises means any building, lot, parcel of land, or portion of land whether improved or 77 unimproved including adjacent sidewalks and parking strips. 78 Storm Drainage System means publicly-owned facilities by which storm water is collected and/or 79 conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, 80 curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and 81 human-made or altered drainage channels, reservoirs, and other drainage structures. 82 Storm Water means any surface flow, runoff, and drainage consisting entirely of water from any 83 form of natural precipitation, and resulting from such precipitation. 84 Stormwater Pollution Prevention Plan means a document which describes the Best Management 85 Practices and activities to be implemented by a person or business to identify sources of pollution 86 or contamination at a site and the actions to eliminate or reduce pollutant discharges to Stormwater, 87 Stormwater Conveyance Systems, and/or Receiving Waters to the Maximum Extent Practicable. 88 Wastewater means any water or other liquid, other than uncontaminated storm water, discharged 89 from a facility. 90 Section 17-81. - Applicability. 91 This ordinance shall apply to all water entering the storm drain system generated on any developed 92 and undeveloped lands unless explicitly exempted by an authorized enforcement agency. 93 Section 17-82. - Responsibility For Administration. 94 The City of South Miami shall administer, implement, and enforce the provisions of this ordinance. 95 Any powers granted or duties imposed upon the authorized enforcement agency may be delegated 96 in writing by the Director of the authorized enforcement agency to persons or entities acting in the 97 beneficial interest of or in the employ of the agency. 98 Section 17-83. - Severability. 99 8 EXHIBIT “A” The provisions of this ordinance are hereby declared to be severable. If any provision, clause, 100 sentence, or paragraph of this Ordinance or the application thereof to any person, establishment, 101 or circumstances shall be held invalid, such invalidity shall not affect the other provisions or 102 application of this Ordinance. 103 Section 17-84. - Ultimate Responsibility. 104 The standards set forth herein and promulgated pursuant to this ordinance are minimum standards; 105 therefore this ordinance does not intend nor imply that compliance by any person will ensure that 106 there will be no contamination, pollution, nor unauthorized discharge of pollutants. 107 Section 17-85. - Discharge Prohibitions. 108 A.Prohibition of Illegal Discharges. 109 No person shall discharge or cause to be discharged into the municipal storm drainage system or 110 watercourses any materials, including but not limited to pollutants or waters containing any 111 pollutants that cause or contribute to a violation of applicable water quality standards, other than 112 storm water. 113 The commencement, conduct or continuance of any illegal discharge to the storm drain system is 114 prohibited except as described as follows: 115 (a) The following discharges are exempt from discharge prohibitions established by this 116 ordinance: water line flushing or other potable water sources, landscape irrigation or lawn 117 watering, diverted stream flows, rising ground water, ground water infiltration to storm 118 drains, uncontaminated pumped ground water, foundation or footing drains (not including 119 active groundwater dewatering systems), crawl space pumps, air conditioning 120 condensation, springs, non-commercial washing of vehicles, natural riparian habitat or 121 wet-land flows, swimming pools (if dechlorinated - typically less than one PPM chlorine), 122 fire fighting activities, and any other water source not containing Pollutants. 123 (b) Discharges specified in writing by the authorized enforcement agency as being 124 necessary to protect public health and safety. 125 (c) Dye testing is an allowable discharge, but requires a verbal notification to the authorized 126 enforcement agency prior to the time of the test. 127 (d) The prohibition shall not apply to any non-storm water discharge permitted under an 128 NPDES permit, waiver, or waste discharge order issued to the discharger and administered 129 under the authority of the Federal Environmental Protection Agency, provided that the 130 discharger is in full compliance with all requirements of the permit, waiver, or order and 131 other applicable laws and regulations, and provided that written approval has been granted 132 for any discharge to the storm drain system. 133 B.Prohibition of Illicit Connections. 134 9 EXHIBIT “A” (a) The construction, use, maintenance or continued existence of illicit connections to the 135 storm drain system is prohibited. 136 (b) This prohibition expressly includes, without limitation, illicit connections made in the 137 past, regardless of whether the connection was permissible under law or practices 138 applicable or prevailing at the time of connection. 139 (c) A person is considered to be in violation of this ordinance if the person connects a line 140 conveying sewage to the MS4, or allows such a connection to continue. 141 Section 17-86. - Suspension Of MS4 Access. 142 A.Suspension due to Illicit Discharges in Emergency Situations 143 The City may, without prior notice, suspend MS4 discharge access to a person when such 144 suspension is necessary to stop an actual or threatened discharge which presents or may present 145 imminent and substantial danger to the environment, or to the health or welfare of persons, or to 146 the MS4 or Waters of the State. If the violator fails to comply with a suspension order issued in an 147 emergency, the authorized enforcement agency may take such steps as deemed necessary to 148 prevent or minimize damage to the MS4 or Waters of the State, or to minimize danger to persons. 149 B.Suspension due to the Detection of Illicit Discharge 150 Any person discharging to the MS4 in violation of this ordinance may have their MS4 access 151 terminated if such termination would abate or reduce an illicit discharge. The authorized 152 enforcement agency will notify a violator of the proposed termination of its MS4 access. The 153 violator may petition the authorized enforcement agency for a reconsideration and hearing. 154 A person commits an offense if the person reinstates MS4 access to premises terminated pursuant 155 to this Section, without the prior approval of the authorized enforcement agency. 156 Section 17-87. - Industrial Or Construction Activity Discharges. 157 Any person subject to an industrial or construction activity NPDES storm water discharge permit 158 shall comply with all provisions of such permit. Proof of compliance with said permit may be 159 required in a form acceptable to the City prior to the allowing of discharges to the MS4. 160 Section 17-88. - Monitoring Of Discharges. 161 A.Applicability. 162 This section applies to all facilities that have storm water discharges associated with industrial 163 activity, including construction activity. 164 B.Access to Facilities. 165 10 EXHIBIT “A” (a) The City shall be permitted to enter and inspect facilities subject to regulation under 166 this ordinance as often as may be necessary to determine compliance with this ordinance. 167 If a discharger has security measures in force which require proper identification and 168 clearance before entry into its premises, the discharger shall make the necessary 169 arrangements to allow access to representatives of the authorized enforcement agency. 170 (b) Facility operators shall allow the City ready access to all parts of the premises for the 171 purposes of inspection, sampling, examination and copying of records that must be kept 172 under the conditions of an NPDES permit to discharge storm water, and the performance 173 of any additional duties as defined by state and federal law. 174 (c) The City shall have the right to set up on any permitted facility such devices as are 175 necessary in the opinion of the authorized enforcement agency to conduct monitoring 176 and/or sampling of the facility's storm water discharge. 177 (d) The City has the right to require the discharger to install monitoring equipment as 178 necessary. The facility's sampling and monitoring equipment shall be maintained at all 179 times in a safe and proper operating condition by the discharger at its own expense. All 180 devices used to measure stormwater flow and quality shall be calibrated to ensure their 181 accuracy. 182 (e) Any temporary or permanent obstruction to safe and easy access to the facility to be 183 inspected and/or sampled shall be promptly removed by the operator at the written or oral 184 request of the City and shall not be replaced. The costs of clearing such access shall be 185 borne by the operator. 186 (f) Unreasonable delays in allowing the City access to a permitted facility is a violation of 187 a storm water discharge permit and of this ordinance. A person who is the operator of a 188 facility with a NPDES permit to discharge storm water associated with industrial activity 189 commits an offense if the person denies the authorized enforcement agency reasonable 190 access to the permitted facility for the purpose of conducting any activity authorized or 191 required by this ordinance. 192 (g) If the City has been refused access to any part of the premises from which stormwater 193 is discharged, and he/she is able to demonstrate probable cause to believe that there may 194 be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a 195 routine inspection and sampling program designed to verify compliance with this ordinance 196 or any order issued hereunder, or to protect the overall public health, safety, and welfare of 197 the community, then the authorized enforcement agency may seek issuance of a search 198 warrant from any court of competent jurisdiction. 199 Section 17-89. - Requirement To Prevent, Control, And Reduce Storm Water Pollutants by 200 The Use of Best Management Practices.201 The City will adopt requirements identifying Best Management Practices for any activity, 202 operation, or facility which may cause or contribute to pollution or contamination of storm water, 203 11 EXHIBIT “A” the storm drain system, or waters of the State. The owner or operator of a commercial or industrial 204 establishment shall provide, at their own expense, reasonable protection from accidental discharge 205 of prohibited materials or other wastes into the municipal storm drain system or watercourses 206 through the use of these structural and non-structural BMPs. Further, any person responsible for a 207 property or premise, which is, or may be, the source of an illicit discharge, may be required to 208 implement, at said person's expense, additional structural and non-structural BMPs to prevent the 209 further discharge of pollutants to the municipal separate storm sewer system. 210 Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of 211 storm water associated with industrial activity, to the extent practicable, shall be deemed 212 compliance with the provisions of this section. These BMPs shall be part of a stormwater pollution 213 prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit. 214 Section 17-90. - Watercourse Protection. 215 Every person owning property through which a watercourse passes, or such person's lessee, shall 216 keep and maintain that part of the watercourse within the property free of trash, debris, excessive 217 vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of 218 water through the watercourse. In addition, the owner or lessee shall maintain existing privately 219 owned structures within or adjacent to a watercourse, so that such structures will not become a 220 hazard to the use, function, or physical integrity of the watercourse. 221 Section 17-91. - Notification Of Spills. 222 Notwithstanding other requirements of law, as soon as any person responsible for a facility or 223 operation, or responsible for emergency response for a facility or operation has information of any 224 known or suspected release of materials which are resulting or may result in illegal discharges or 225 pollutants discharging into storm water, the storm drain system, or water of the U.S. said person 226 shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In 227 the event of such a release of hazardous materials said person shall immediately notify emergency 228 response agencies of the occurrence via emergency dispatch services. In the event of a release of 229 non-hazardous materials, said person shall notify the authorized enforcement agency in person or 230 by phone or facsimile no later than the next business day. Notifications in person or by phone shall 231 be confirmed by written notice addressed and mailed to the City within three business days of the 232 phone notice. If the discharge of prohibited materials emanates from a commercial or industrial 233 establishment, the owner or operator of such establishment shall also retain an on-site written 234 record of the discharge and the actions taken to prevent its recurrence. Such records shall be 235 retained for at least three years. 236 Section 17-92. - Enforcement. 237 A.Notice of Violation. Whenever the City finds that a person has violated a prohibition or 238 failed to meet a requirement of this Ordinance, the authorized enforcement agency may order 239 compliance by written notice of violation to the responsible person. Such notice may require 240 without limitation: 241 12 EXHIBIT “A” (a) The performance of monitoring, analyses, and reporting; 242 (b) The elimination of illicit connections or discharges;243 (c) That violating discharges, practices, or operations shall cease and desist;244 (d) The abatement or remediation of storm water pollution or contamination hazards and 245 the restoration of any affected property; and246 (e) Payment of a fine to cover administrative and remediation costs; and247 (f) The implementation of source control or treatment BMPs. 248 If abatement of a violation and/or restoration of affected property is required, the notice shall set 249 forth a deadline within which such remediation or restoration must be completed. Said notice shall 250 further advise that, should the violator fail to remediate or restore within the established deadline, 251 the work will be done by a designated governmental agency or a contractor and the expense thereof 252 shall be charged to the violator. 253 Section 17-93. - Appeal of Notice of Violation. 254 Any person receiving a Notice of Violation may appeal the determination of the authorized 255 enforcement agency. The notice of appeal must be received within days from the date of the Notice 256 of Violation. Hearing on the appeal before the appropriate authority or his/her designee shall take 257 place within 15 days from the date of receipt of the notice of appeal. The decision of the municipal 258 authority or their designee shall be final. 259 Section 17-94. - Enforcement Measures After Appeal. 260 If the violation has not been corrected pursuant to the requirements set forth in the Notice of 261 Violation, or , in the event of an appeal, within days of the decision of the municipal authority 262 upholding the decision of the authorized enforcement agency, then representatives of the 263 authorized enforcement agency shall enter upon the subject private property and are authorized to 264 take any and all measures necessary to abate the violation and/or restore the property. It shall be 265 unlawful for any person, owner, agent or person in possession of any premises to refuse to allow 266 the government agency or designated contractor to enter upon the premises for the purposes set 267 forth above. 268 Section 17-95. - Cost Of Abatement Of The Violation. 269 Within days after abatement of the violation, the owner of the property will be notified of the cost 270 of abatement, including administrative costs. The property owner may file a written protest 271 objecting to the amount of the assessment within days. If the amount due is not paid within a timely 272 manner as determined by the decision of the municipal authority or by the expiration of the time 273 in which to file an appeal, the charges shall become a special assessment against the property and 274 shall constitute a lien on the property for the amount of the assessment. 275 Any person violating any of the provisions of this article shall become liable to the city by reason 276 of such violation. The liability shall be paid in not more than 12 equal payments. 277 13 EXHIBIT “A” Interest at the rate of percent per annum shall be assessed on the balance beginning on the 1st day 278 following discovery of the violation. 279 Section 17-96. - Injunctive Relief. 280 It shall be unlawful for any person to violate any provision or fail to comply with any of the 281 requirements of this Ordinance. If a person has violated or continues to violate the provisions of 282 this ordinance, the authorized enforcement agency may petition for a preliminary or permanent 283 injunction restraining the person from activities which would create further violations or 284 compelling the person to perform abatement or remediation of the violation. 285 Section 17-97. - Compensatory Action. 286 In lieu of enforcement proceedings, penalties, and remedies authorized by this Ordinance, the 287 authorized enforcement agency may impose upon a violator alternative compensatory actions, 288 such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc. 289 Section 17-98. - Violations Deemed A Public Nuisance. 290 In addition to the enforcement processes and penalties provided, any condition caused or permitted 291 to exist in violation of any of the provisions of this Ordinance is a threat to public health, safety, 292 and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at 293 the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of 294 such nuisance may be taken. 295 Section 17-99. - Criminal Prosecution. 296 Any person that has violated or continues to violate this ordinance shall be liable to criminal 297 prosecution to the fullest extent of the law, and shall be subject to a criminal penalty of $100.00 298 dollars per violation per day and/or imprisonment for a period of time not to exceed 30 days. 299 The authorized enforcement agency may recover all attorney’s fees court costs and other expenses 300 associated with enforcement of this ordinance, including sampling and monitoring expenses. 301 Section 17-100. - Remedies Not Exclusive. 302 The remedies listed in this ordinance are not exclusive of any other remedies available under any 303 applicable federal, state or local law and it is within the discretion of the authorized enforcement 304 agency to seek cumulative remedies. 305 Section 17-101. - Permit Required. 306 (a) Generally. No development activity may be undertaken unless the activity is authorized by a 307 development permit. 308 (b) Prerequisites to issuance of development permit. A development permit may not be issued 309 unless the proposed development activity: 310 14 EXHIBIT “A” (1) Is authorized by a final development order issued pursuant to this chapter; and 311 (2) Conforms to the Miami-Dade County Public Works Manual, standard details, the 312 Miami-Dade County Water and Sewer Authority Department manual of standards and 313 specifications, and other county, state and federal regulations as may be required and 314 which are hereby adopted by reference. 315 (c)All construction work under a final development order that has the potential to impact the 316 City's MS4 and its connected waterbodies, and/or adjacent properties, is required to employ 317 appropriate sediment, erosion, and waste control measures that are in accordance with the 318 Florida Department of Environmental Protection (“FDEP”) Florida Storm Water Erosion 319 and Sedimentation Control Inspector's Manual, latest revision, to maintain water quality 320 standards in accordance with Miami Dade County’s Department of Environmental Resource 321 Management (“DERM”), Florida Administrative Code Chapter 62-302, and any other 322 agency of competentjurisdiction.323 (d) Exceptions to requirement of a final development order. A development permit may be issued 324 for the following development activities in the absence of a final development order issued 325 pursuant to this chapter. Unless otherwise specifically provided, the development activity 326 shall conform to this chapter. 327 (1)The construction or alteration of a one- or two-family dwelling on a lot in a valid 328 recorded subdivision approved prior to the adoption of this chapter. Compliance 329 with certain development standards in this chapter is not required if in conflict with 330 the previously approved plat. 331 (2)The alteration of an existing building or structure so long as no change is made to 332 its gross floor area, its use, or the amount of impervious surface on the site, and 333 conforms to the standards given in Article IV of this chapter. 334 15 FLORIDA DEPARTMENT OF Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, FL 32399-2400 Ron Desantis Governor Jeanette Nuñez Lt. Governor Shawn Hamilton Secretary Sent via ePost September 27, 2021 Subject: Cycle 4 Year 4 Audit Notifications Miami-Dade County Municipal Separate Storm Sewer System (MS4) FLS000003-004 The Florida Department of Environmental Protection (Department) proposes to conduct the Cycle 4 Year 4 Audit to review the implementation of the State’s federally authorized National Pollutant Discharge Elimination System (NPDES) Stormwater Program. The Year 4 audit will cover the activities conducted from January 1, 2021 through December 31, 2021. The audit will consist of a virtual opening meeting, off-site records review, an in-person closeout, and field component. A description and schedule of events are below. Opening Meeting - The Department intends to hold an opening group meeting with all co-permittees on June 9, 2022 @ 11:00 am. This meeting will be held virtually using Microsoft Teams during which Department staff will provide an introduction to the audit process and address any questions or concerns. Microsoft Teams Meeting Join on your computer or mobile app Click here to join the meeting Or call in (audio only) +1 850-629-7330,179696232# United States, Tallahassee Phone Conference ID: 179 696 232# Records Review - Department staff will conduct an off-site review of documentation identified in the attachment titled “Documentation checklist for Phase I MS4 Audits”. Submit digital copies of these records using the Department’s Secure FTP Site (see attached instructions). All documentation will be required to be submitted by June 24, 2022. Documentation may also be shared through email, other file transfer platforms, or screen sharing, if necessary. 16 Miami-Dade County – NPDES Stormwater Phase I MS4 FLS000003 Year 4 Audit Notifications May 9, 2022 2 Closeout and Field Component - Department staff will conduct an in-person close out meeting with each co-permittee individually to discuss potential deficiencies and any outstanding items; this meeting will take one to two hours. Following this meeting, Department staff will shadow permittee staff on field inspections that may include: • Construction Site Inspections • Municipal Facility Inspections • Proactive Illicit Discharge Inspections • High Risk Facility Inspection • Outfall Inspections • Flood Control Projects Please be prepared to facilitate inspections during the last half of the closeout and field inspection time below. Schedule of Events Event Permittee Date and Time Location Opening Meeting All Co-Permittees June 9, 2022 @ 11:00 am Microsoft Teams Record Submittal Due Date All Co-Permittees June 24, 2022 Secure FTP Site Records Review All Co-Permittees June 24, 2022 thru July 8, 2022 Off-Site Closeout and Field Inspection Homestead July 12, 2022 @ 8:00 am 551 SE 8th St, Homestead, FL 33030 Closeout and Field Inspection Cutler Bay July 12, 2022 @ 1:00 pm 10720 Caribbean Blvd #105, Cutler Bay, FL 33189 Closeout and Field Inspection South Miami July 13, 2022 @ 8:00 am 6130 Sunset Dr, South Miami, FL 33143 Closeout and Field Inspection Coral Gables July 13, 2022 @ 1:00 pm 2800 SW 72nd Ave, Miami, FL 33155 Closeout and Field Inspection Key Biscayne July 14, 2022 @ 8:00 am 88 W McIntyre St, Key Biscayne, FL 33149 If you have any questions, please contact Jason Maron at 850-245-7568, Jason.Maron@floridadep.gov or Michelle Bull at 850-245-7561, Michelle.Bull@FloridaDEP.gov. 17 Miami-Dade County – NPDES Stormwater Phase I MS4 FLS000003 Year 4 Audit Notifications May 9, 2022 3 Sincerely, Jason Maron MS4 Coordinator NPDES Stormwater Program Enclosures: Documentation checklist for Phase I MS4 Audits Secure FTP Site Upload Instructions 18r f Documentation checklist for Phase I MS4 Audits • The content below is representative of the documents or records that support reporting in Annual Reports, and reviewed during Audits • If any of the content listed below exists in a combined document, or under a shared heading, please indicate upon submittal. • Be prepared to provide any additional documentation, otherwise not listed below, that support the information captured in the latest Annual Report. Part III.A.1 – Structural Controls and Stormwater Collection System Operation Inspection & Maintenance SOP Inventory and map of major outfalls Inventory of structural controls Inspection & maintenance records (inspection forms, logs) Part III.A.2 – Areas of New Development and Significant Redevelopment Copy of supporting code/ordinance and/or comprehensive plan Application tracking information (including a description by type) Part III.A.3 – Roadways Litter Control SOP Litter Control records/logs Street Sweeping SOP Street sweeping records/logs Maintenance & Equipment Yard Inspection SOP, including a list of facilities Maintenance & Equipment Yard inspection records Part III.A.4 – Flood Control Projects Listing and description of new or retrofit flood control projects Part III.A.5 – Municipal Waste Treatment, Storage, or Disposal Facilities Facility Inspection SOP, including a list of facilities Facility inspection records 19 Part III.A.6 – Pesticide, Herbicide, and Fertilizer Application Copy of supporting code/ordinance Pesticide, herbicide, and fertilizer application SOP Records of employee and contractor training, licensing, and/or certification (indicating number and type of license/certification) Public Education & Outreach SOP Education & Outreach activity and/or material distribution records Part III.A.7 – Illicit Discharge and Improper Disposal a. Inspection, Ordinances, and Enforcement Measures Copy of supporting code/ordinance c. Inspection and Investigation of Suspected IDID Proactive Inspection SOP Proactive Inspection records Reactive Investigation SOP Reactive investigation records Training SOP Annual training records d. Spill Prevention and Response Spill Response SOP Spill response records Training SOP Annual training records e. Public Reporting Public Education & Outreach SOP Education & Outreach activity and/or material distribution records 20 f. Oils, Toxics, and Household Hazardous Waste Control Public Education & Outreach SOP Education & Outreach activity and/or material distribution records g. Limitation of Sanitary Sewer Seepage Sanitary Sewer Overflow/ Inflow & Infiltration SOP Documentation of SSO/I&I prevention activity Documentation of SSO/I&I incident and cleanup records Part III.A.8 – Industrial and High-Risk Runoff HRF Inspection SOP HRF inventory HRF inspection records HRF monitoring reports Part III.A.9 – Construction Site Runoff a. Site Planning and Non-structural & Structural Best Management Practices A copy of the supporting code/ordinance Pre-construction Site Plan Review SOP Site plan review tracking records; ERP/CGP notification & confirmation b. Inspection and Enforcement Construction Site Inspection SOP Construction site inspection records Enforcement records c. Site Operator Training Site Operator Training SOP Personnel training records • Inspector DEP training • Inspector annual training • Site Plan Review annual training • Site operator annual training 21 Secure FTP Site Submittal Instructions 1) Select the following link to access the Secure FTP Site folder Miami Dade County Co-Permittee Audits July 2022 2) Enter the following password when prompted: miamidadeSouth 3) The following screen will appear. Select your respective entity name. 4) After selecting you can upload documents by – a. Selecting either the “Add Files” or “Add Folder” green buttons at the bottom left-hand side of the screen. b. Drag files into the window and then select the “Start Upload” blue button at the bottom left-hand side of the screen. 22 C !:i B CheckAJ I Q. Filter □Find Name Type Doral folder Hialeah Gardens folder Medley folder Miami Lakes folder Miami Springs folder Virginia Gardens folder Name Type Showing 1 to 6 of 6 entries IMHfiEH.,Ud1E i o Ji@l'M 0 Cance l ®Clear 1' Hialeah Gardens C !;i '3 CheckAII Q. Filler □Fin d Name Type Go Up One Folder up Name Type Showing Oto O of O entries I B#MiEbtodiEl o E@jiM 0 Caocel ©Clw 1' Hialeah Gardens 0 ~ B CheckAII Q. Filter □Find Type Go Up One Folder up N3me Type Showing O to O of O entries Cancel ©Clear Size Size Size Size Size Size Date 3/23/2022 10:31 AM 3/23/2022 10:31 AM 3/23/2022 1 0 31 AM 3/23/2022 10:32 AM 3/23/2022 10:32 AM 3/23/2022 10:32 AM Date Date Date Date Date ,, $ Zip and Down load Show 50 Previous ■ Next Upload Drag & Drop on \,) e 0 $ Zip and Download Show so 11 Previous Next Up load Drag & Drop on \) IJ 0 8:: Zip and Download Show 50 Previous Next Upload Drag & Drop on \,) tj 0 FLORIDA DEPARTMENT OF Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, FL 32399-2400 Ron DeSantis Governor Jeanette Nuñez Lt. Governor Shawn Hamilton Secretary October 24, 2022 Shari Kamali, City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33014 skamali@southmiamifl.gov Subject: Warning Letter City of South Miami Municipal Separate Storm Sewer System (MS4) FLS000003-004 Miami-Dade County Dear Shari Kamali: A NPDES Stormwater Phase I Municipal Separate Storm Sewer Systems (MS4) audit was conducted on July 13, 2022. During this audit, possible violations of Chapter 403, Florida Statutes (F.S.), and Chapters 62-620 and 62-624, Florida Administrative Code (F.A.C.) were observed. Please see the attached audit report for a full account of Department observations and Required Improvements. Violations of Florida Statutes or administrative rules may result in liability for damages and restoration, and the judicial imposition of civil penalties, pursuant to Chapter 403, F.S. and Chapter 62-624 F.A.C. Contact Michelle Bull at 850-245-7561, Michelle.Bull@floridadep.gov within 15 days of receipt of this Warning Letter to arrange a meeting/teleconference to discuss this matter. The Department is interested in receiving any facts you may have that will assist in determining whether any violations have occurred. You may bring anyone with you to the meeting that you feel could help resolve this matter. Please be advised that this Warning Letter is part of an agency investigation, preliminary to agency action in accordance with section 120.57(5), Florida Statutes. We look forward to your cooperation in completing the investigation and resolving this matter. Sincerely, 23 City of South Miami – FLS000003-004 Warning Letter October 24, 2022 Page 2 www.floridadep.gov Borja Crane-Amores Stormwater and Technical Services Program Enclosures: City of South Miami Cycle 4 Year 4 Audit Report cc: Sirena Davila, Southeast District Nelson Gomez, City of South Miami Aurelio Carmenates, City of South Miami Maria Garcia, City of South Miami Mallika Muthiah, P.E., Miami-Dade County 24 FLORIDA DEPARTMENT OF Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, FL 32399-2400 Ron DeSantis Governor Jeanette Nuñez Lt. Governor Shawn Hamilton Secretary Phase I Municipal Separate Storm Sewer System (MS4) NPDES Stormwater Audit Report I. Background Information MS4 Permit Name: Miami-Dade County MS4 Permittee: City of South Miami Permit Number: FLS000003-004 Annual Report Year: Year 4 Reporting Period: 1/1/2021 to 12/31/2021 Audit Date/Location: June 27, 2022 - Desktop Audit, off-site July 13, 2022 – Site Visit August 10, 2022 – Virtual Closeout Meeting Auditor(s): Name: Jason Maron Title: Environmental Specialist III Phone/Email: 850-245-7568; Jason.Maron@floridadep.gov Permittee Representative(s): Name: Marcus Lightfoot Title: Senior Planning & Zoning Administrator Phone/Email: MLightfoot@southmiamifl.gov Name: Nelson Gomez Title: Associate Project Engineer Phone/Email: NGomez@southmiamifl.gov Name: John Reese Title: Superintendent Phone/Email: JReese@southmiamifl.gov Name: Carol Bynum Title: Senior Code Enforcement Officer Phone/Email: CBynum@southmiamifl.gov Name: Heidi Henderson Title: Consultant Phone/Email: HHenderson@cgasolutions.com Name: Aurelio Carmenates Title: CIP Program Manager Phone/Email: ACarmenates@southmiamifl.gov 25 City of South Miami – FLS000003-004 Year 4 Audit Report Page 2 www.floridadep.gov II. General Comments The permittee has stated they are relying on the city website to educate the public on permit parts III.A.6, III.A.7.e, and III.A.7.f. Photos of the website researched by the Department auditor are included in Section V. There is a limited amount of information to educate the public these topics. Note: Many of the deficiencies identified in this Cycle 4 Year 4 audit report are identical to those found during the Cycle 3 Year 5 audit on November 28, 2017. - Part III.A.3 Public Works Maintenance Yard Inspections - Part III.A.7.c Proactive Illicit Discharge Inspection SOP - Part III.A.7.c Proactive Illicit Discharge Training - Part III.A.7.d Spill Prevention and Response Training - Part III.A.7.e Illicit Discharges and Improper Disposal Public Reporting SOP and Implementation - Part III.A.7.f: Illicit Discharges and Improper Disposal - Oils, Toxics, and Household Hazardous Waste Control Education SOP and Implementation - Part III.A.8.a High-Risk Facility Inspections and SOP - Part III.A.9.a: Construction Site Runoff Site Plan Review SOP - Part III.A.9.b: Construction Site Runoff Inspection SOP - Part III.A.9.b: Construction Site Inspector and Reviewer Training Program Evaluation Summary (See SWMP Implementation Review for Required Improvements): Part III.A.1: ☐ Satisfactory ☒ Unsatisfactory ☐ Not Reviewed Part III.A.2: ☐ Satisfactory ☒ Unsatisfactory ☐ Not Reviewed Part III.A.3: ☐ Satisfactory ☒ Unsatisfactory ☐ Not Reviewed Part III.A.4: ☒ Satisfactory ☐ Unsatisfactory ☐ Not Reviewed Part III.A.5: ☐ Satisfactory ☒ Unsatisfactory ☐ Not Reviewed Part III.A.6: ☐ Satisfactory ☒ Unsatisfactory ☐ Not Reviewed Part III.A.7.a: ☐ Satisfactory ☒ Unsatisfactory ☐ Not Reviewed Part III.A.7.c: ☐ Satisfactory ☒ Unsatisfactory ☐ Not Reviewed Part III.A.7.d: ☐ Satisfactory ☒ Unsatisfactory ☐ Not Reviewed Part III.A.7.e: ☐ Satisfactory ☒ Unsatisfactory ☐ Not Reviewed Part III.A.7.f: ☐ Satisfactory ☒ Unsatisfactory ☐ Not Reviewed Part III.A.7.g: ☐ Satisfactory ☒ Unsatisfactory ☐ Not Reviewed Part III.A.8.a: ☐ Satisfactory ☒ Unsatisfactory ☐ Not Reviewed Part III.A.8.b: ☐ Satisfactory ☐ Unsatisfactory ☒ Not Reviewed Part III.A.9.a: ☐ Satisfactory ☒ Unsatisfactory ☐ Not Reviewed Part III.A.9.b: ☐ Satisfactory ☒ Unsatisfactory ☐ Not Reviewed Part III.A.9.c: ☐ Satisfactory ☒ Unsatisfactory ☐ Not Reviewed 26 City of South Miami – FLS000003-004 Year 4 Audit Report Page 3 www.floridadep.gov III. SWMP Implementation Review Part III.A.1: Structural Controls and Stormwater Collection Systems Operation ☒ Major Outfall Inventory & Map: S Miami Outfalls Major Outfall inventory & map maintained? ☐ N/A ☒Yes ☐No ☒ Structural Control Inventory: Stormwater Atlas 5-14-2007 Structural Control inventory maintained? ☒Yes ☐No ☒ Inspection Records: Envirowaste Invoices Major outfalls ☒N/A ☐Yes ☐No Exfiltration Trench / French Drain ☐N/A ☒Yes ☐No Grass treatment swales ☐N/A ☐Yes ☒No Pipes / culverts ☐N/A ☒Yes ☐No Canals ☒N/A ☐Yes ☐No Inlets / catch basins / grates ☐N/A ☒Yes ☐No Ditches / conveyance swales ☐N/A ☐Yes ☒No If inspections/maintenance are performed by another entity under contractual agreement, are contracts that specify the schedule/frequency retained by the permittee? ☐N/A ☐Yes ☐No ☒ Inspection & Maintenance SOPs: Post-audit information included an SOP. Does it include: Procedures to schedule and conduct inspections ☐Yes ☒No An inspection checklist ☒Yes ☐No Procedures to conduct needed maintenance ☒Yes ☐No Procedures to document and track inspections & maintenance ☒Yes ☐No Auditor Comments: The permittee provided a Stormwater Atlas that identifies manholes, catch basins, exfiltration trench, slab covered trench, positive drainage, and outfalls. The permittee has been reporting on ditches/conveyance swales and grass treatment swales in Cycle 4 annual reports. These structures are not included in the atlas provided. Each year the permittee reports roughly 26 inspections. The permittee stated employees maintain swales bimonthly, mainly during litter control. The SOP states “Time sheets are not maintained because drainage areas to be inspected are minimal.” A method for tracking these inspections must be developed and identified within the SOP. The permittee’s Cycle 4 annual reports do not report on pipes/culverts, but the atlas identifies positive drainage structures which are confirmed to be pipes/culverts. The permittee stated they do not currently know the length of pipe for these structures. The permittee stated Envirowaste inspects and maintains pipe/culverts. The permittee submitted invoices for 2021 that identifies the length of pipe cleaned. The permittee must quantify the amount of pipe inspected and maintained throughout the cycle to ensure the city is meeting the minimum inspection requirement of 10% inspected annually or 100% in a 10-year timeframe. Additionally, the quantity of 27 City of South Miami – FLS000003-004 Year 4 Audit Report Page 4 www.floridadep.gov pipe currently owned/operated by the permittee should be reflected in the permittee’s structural control inventory. The mechanism to accurately report the amount of pipe inspected/maintained must be includes in the revised SOP. The permittee reported linear feet of exfiltration trench inspected in Year 1 and Year. In Year 3 and 4 the permittee began to report an integer, such as 4, which is unusable to ensure that the minimum inspection frequency is implemented. The Envirowaste invoices also included the quantity of catch basins, manholes, and slab covered trenches inspected/maintained. The permittee has been reporting on a single major outfall. Post-audit information from the city includes a confirmation from FDOT that the 36-inch outfall to the Ludlum Glade Canal is the responsibility of FDOT as it discharges storm water from Sunset Drive, a state road. The permittee has several canals within the city limits, Ludlam Glades Canal and Broad Canal. Post- audit information from the city, confirmed by the county, identify that the inspections and maintenance of the canals are the responsibility of the county per an interlocal agreement dated December 4, 2018. The SOP must be revised to specify the record keeping method used to schedule and document inspections and maintenance activities on all structures operated by the permittee. It is recommended the permittee include information associated with the ownership of the canals and major outfall to ensure future employees of the city understand who is responsible. Program Review: ☐ Satisfactory ☒ Unsatisfactory ☐ Not Reviewed Required Improvements: (1) Provide an updated inventory that includes ditches/conveyance swales and grass treatment swales. (2) Quantify the amount of pipe/culvert owned by the city and the amount maintained. In your response provide evidence that the minimum inspection frequency is met. (3) Quantify the amount of exfiltration trench owned by the city and the amount maintained in 2021. In your response provide evidence that the minimum inspection frequency is met. (4) Submit a revised SOP per the various comments above. Part III.A.2: Areas of New Development and Significant Redevelopment ☒ Code/Ordinance and Comprehensive Plan: Code Regulation Summary Does it include: Stormwater management and treatment requirements? ☐Yes ☒No ☒ Development Project Review Records: City of South Miami Stormwater Improvement Projects Are new and significant development review activities documented? ☐N/A ☒Yes ☐No 28 City of South Miami – FLS000003-004 Year 4 Audit Report Page 5 www.floridadep.gov Auditor Comments: The permittee submitted the following applicable citation – Stormwater Drainage. Stormwater contributing or causing recurrent ponding shall be eliminated through proper filling, elevating, drainage, or grading of the site. The ground shall be graded away from the building and foundation, but not so as to cause water to drain onto adjoining property(ies) or to recurrently drain onto public rights-of-way. Property owners shall be required to maintain adequate swales, French drains, or other mechanisms to ensure that stormwater does not drain onto adjoining properties or public rights-of-way. In all new construction, or any significant addition that results in changes to the elevation of the site that would result in runoff to adjacent properties or the right-of-way made after March 6, 2007, failure to comply with this subsection shall result in the denial of a certificate of occupancy or certificate of use until such time as sufficient proof is provided to the city building, planning and public works departments that the development shall retain stormwater on site or that adequate drainage is provided so as to prevent the development from contributing or causing recurrent ponding to adjoining property(ies) or public rights-of- way. The permittee indicated they require DERM and/or SFWMD permit, if applicable, as part of the site plan review process. The specific requirement of the submittal of plans to ensure the site meets post- construction stormwater management criteria was not provided. Note: The lack of the specific requirement in the city code allows for changes in the process, that can include not requiring a submittal of the DERM permit. The permittee only submitted records of city projects and did not include private projects. Program Review: ☐ Satisfactory ☒ Unsatisfactory ☐ Not Reviewed Required Improvements: (1) Submit a draft regulatory mechanism that meets this requirement and a schedule for adoption of the mechanism. (2) Submit the records of development projects that required DERM/SFWMD permits. Part III.A.3: Roadways ☒ Litter Control Records: The permittee has stated they are not documenting litter removed. Is frequency of collections documented? ☒Yes ☐No Is amount of litter removed documented? ☐Yes ☒No Where is debris stored/disposed? Public Works Garbage Truck ☒ Litter Control SOP: SOP – Ground Litter System Maintenance Does it include: Procedures to conduct litter control activities ☒Yes ☐No Procedures to properly dispose of collected litter ☐Yes ☒No Procedures to track litter control activities and amount of litter removed ☐Yes ☒No 29 City of South Miami – FLS000003-004 Year 4 Audit Report Page 6 www.floridadep.gov ☒ Street Sweeping Records: The permittee has not recorded the amount of sweepings collected. Is frequency of sweeping documented? ☐N/A ☐Yes ☒No Is mileage amount documented? ☐N/A ☐Yes ☒No Is estimate of debris collection documented? ☐N/A ☐Yes ☒No Where is debris stored/disposed? Sweeping Specific Dumpster ☒ Street Sweeping SOP: SOP – Street Sweeping Maintenance Does it include: Criteria for determining roadways to be swept ☐Yes ☒No Frequency of sweeping ☐Yes ☒No Procedures to properly dispose of street sweepings ☐Yes ☒No Procedures for quantifying and tracking the area swept and amount collected ☐Yes ☒No ☒ Maintenance Yard Inspection Records: Equipment yard and shop inspection form. Equipment yards that support road maintenance activities: 4795 SW 75th Avenue, Miami Are inspections of equipment and maintenance yards done at least annually? ☐N/A ☒Yes ☐No ☒ Roadway Maintenance SOP: SOP – Maintenance and Equip Yard & Facility Does it include: A list of the yards and shops that support road maintenance activities ☒Yes ☐No BMPs at each facility listed ☐Yes ☒No Procedures to conduct and track annual inspections ☐Yes ☒No Auditor Comments: As part of the Year 1 -3 annual report review letter response, the permittee stated they will begin tracking amount of litter collected monthly. The method used to quantify this amount must be included in the litter control SOP. The permittee stated they have developed a designated schedule of litter collection activities. The current SOP includes several different litter control activities resulting in the litter control efforts by the city to be unclear. The SOP must be revised to be clear and specific. The permittee has been reporting in each annual report street sweeping occurs five times a week, with 58.11 miles swept, and 48,400 cubic yards collected per year. No documentation supporting this was submitted. The permittee stated that these were estimates. A method to quantify the distance swept and amount of debris collected must be developed. The permittee’s street sweeping SOP is missing all items required by the permit and is not clear and specific. During the closing meeting, the permittee presented a weekly sweeping schedule. This schedule should be included in the SOP. Sweep M-F. Sweep different areas every day. The permittee provided an inspection form of the Public Works Department facility with the inspection conducted November 10, 2021. 30 City of South Miami – FLS000003-004 Year 4 Audit Report Page 7 www.floridadep.gov Program Review: ☐ Satisfactory ☐ Unsatisfactory ☐ Not Reviewed Required Improvements: (1) Submit a revised litter control SOP that includes: a. Procedures to properly dispose of collected litter b. Procedures to track litter control activities and amount of litter removed. (2) Submit a revised street sweeping SOP that includes: a. Frequency of sweeping b. Procedures to properly dispose of street sweepings c. Procedures for quantifying and tracking the area swept and amount collected (3) Submit street sweeping records (4) Submit a revised maintenance yard and equipment SOP that includes: a. Control measures and procedures employed at the facility b. Procedures to conduct and track annual inspections Part III.A.4: Flood Control Projects ☒ Flood Control/ Capital Improvement Project List & Records: Stormwater Projects 2021 Are flood control projects documented? ☐N/A ☒Yes ☐No Program Review: ☒ Satisfactory ☐ Unsatisfactory ☐ Not Reviewed Part III.A.5: Municipal Waste Treatment, Storage, and Disposal Facilities Auditor Comments: The permittee has indicated there are no Municipal Waste Treatment, Storage, and Disposal Facilities within its jurisdiction; however, the permittee has garbage trucks parked at the Public Works Yard. No trash is stored at the site, only the garbage trucks. Due to the storage of garbage trucks at the facility, the site may be required to obtain a Multi-Sector Generic Permit (MSGP) from the NPDES Stormwater Program Notice Center. Program Review: ☐ Satisfactory ☒ Unsatisfactory ☐ Not Reviewed Required Improvement: (1) Submit the following information to the Notice Center at npdes-stormwater@dep.state.fl.us to inquire about MSGP coverage. ­ Business Name (Entity) ­ Name of Responsible Authority ­ E-mail and phone number, if available ­ Latitude/Longitude or Physical Address ­ The county the site is located ­ Activities witnessed/suspected ­ Pictures of site, if available 31 City of South Miami – FLS000003-004 Year 4 Audit Report Page 8 www.floridadep.gov Part III.A.6: Pesticides, Herbicides, and Fertilizer Application ☒ Code/Ordinance: Reliance on Miami-Dade County Ordinance Is a Florida-Friendly Fertilizer ordinance adopted? ☐N/A ☒Yes ☐No ☒ Pesticide Contract Applicator FDACS Records: Brightview Landscaping Are copies of FDACS licenses for contracted applicators maintained? ☐N/A ☒Yes ☐No ☒ Pesticide Public Applicator FDACS Records: Are copies of FDACS licenses for employee applicators maintained? ☒N/A ☐Yes ☐No ☒ Fertilizer Contracted Applicator FDACS Records: Brightview Landscaping Are copies of FDACS licenses for contracted applicators maintained? ☐N/A ☒Yes ☐No ☒ Fertilizer Public Applicator Certification Records: Are copies of GIBMP certifications for employee applicators maintained? ☒N/A ☐Yes ☐No ☒ Pesticide, Herbicide, and Fertilizer Application SOP: No SOP submitted. Does it include: Maintaining an inventory of pesticides, herbicides, and fertilizers ☐Yes ☐No Properly storing products ☐Yes ☐No Incorporating Florida-Friendly landscaping and fertilization ☐Yes ☐No Eliminating ineffective spraying programs ☐Yes ☐No Using non-toxic pesticides where practical ☐Yes ☐No Timing applications by considering growth cycles ☐Yes ☐No Using efficient chemical management practices ☐Yes ☐No ☒ Public Education & Outreach Records: No records submitted. Is the type of activities conducted and materials distributed documented? ☐Yes ☒No Is the number of activities conducted and materials distributed documented? ☐Yes ☒No ☒ Public Education & Outreach SOP: No SOP submitted. Does it include: Topics ☐Yes ☐No Target audience ☐Yes ☐No Activities and materials for each target audience ☐Yes ☐No Distribution methods ☐Yes ☐No Annual schedule for activities/distribution ☐Yes ☐No The method for documenting activities ☐Yes ☐No Staff/department(s)/entities responsible for performing outreach ☐Yes ☐No Resources allocated to implement the program ☐Yes ☐No Auditor Comments: The permittee stated they have no PHF application SOP on file. 32 City of South Miami – FLS000003-004 Year 4 Audit Report Page 9 www.floridadep.gov The permittee states “Pesticide products are any used within our City of South Miami Parks Department but made of organic type material.” During the closing meeting the permittee stated BrightView Landscaping applies chemicals, maintains the right of ways on Sunset Drive, Bird Row, and US-1 quarterly. The permittee says the contract states Brightview is only allowed to use organic materials in the city. Post-audit information provided additional information about the applications. The aforementioned information should be identified in the PHF application SOP. The permittee did not submit a public education and outreach SOP or records of outreach. Based on the annual reports, the only outreach is through the website. Based on the auditor’s review, the educational information for PHFs on the website is non-existent or extremely difficult to find. Post-audit information included “SoMi INSIDER” e-mail blasts. The information in these e-mails is not applicable to the permit requirement. Program Review: ☐ Satisfactory ☒ Unsatisfactory ☐ Not Reviewed Required Improvements: (1) Submit a PHF application SOP. (2) Submit a public education and outreach SOP. (3) Immediately conduct the outreach activities identified in the SOP and provide evidence that this occurred or provide a schedule of when outreach activities will be conducted to encourage citizens to reduce their use of pesticides, herbicides, and fertilizers. Part III.A.7.a: Illicit Discharge and Improper Disposal – Inspections, Ordinances, and Enforcement Measures ☒ Code/Ordinance/Policy: The submitted code is not adequate. Does it include: Prohibitions on illicit discharges ☐Yes ☒No Authority to enter property to conduct inspections ☐Yes ☒No Auditor Comments: The permittee submitted Section 11-12 and Section 16B-2 of the code of ordinances. Both codes do not meet the intent of this permit requirement. As required by the Miami-Dade County Phase I MS4 Permit Part II.E and Part III.A.7.a, each permittee 33 rlghtVt w ~ 20:22. Agrono-m l c Pr<>gra m Round 1.0-0-!i :aoo'M. Oraanlc Naturnl 4P 0 .75L8N 1.0 0 S 100'K 0,IJof'liC Natu,al 0 Q .7:-J,IIJ,N 1.0 0 5 100ff 011J•"'ie Natu ra l 4P 0 .75 R N N /A N /A N /A Poet-Ew.•.,.. H•.-bldd• Type & R•t• v ... rin .,, 1,u1 y .. .-1.-1 ,nto r,, n ri-tl.nn"' V n ,lou • lnttv nc ld •e>n p a pt le>n a V n ,lou • lntly ncld ,e>np a p,tlo n • March, l.!ilho • Mfloy 30th Jut"'lc 1.at Julv "IQTh AppT~ Granular O"l!J'°'"IC f .. rtilli:,rr Gr&n..,.,.,,. ara•nlc fe-rtilli:e< G,r,!!,n._,,.,. a.-.anlc f,e<tilli:<tt< l1 1ACl<CJU'l Dnt• Ou.,. to 11'•,••Uao"tl D ,;11,. 01,1nr,,,i 0.-dlna....c.., City of South Miami – FLS000003-004 Year 4 Audit Report Page 10 www.floridadep.gov is required to have an enforceable regulatory mechanism that – - Controls the contribution of pollutants to the MS4 by stormwater discharges associated with industrial activity, including construction sites, and the quality of stormwater discharged from these facilities/sites; - Prohibits illicit discharges and illicit connections to the MS4; - Controls the discharge of spills and the illegal dumping or improper disposal of materials other than stormwater (e.g., industrial and commercial wastes, trash, used motor vehicle fluids, leaf litter, grass clippings, animal wastes, etc.) into the MS4; - Requires compliance with conditions in ordinances, permits, contracts or orders; and - Provides the permittee the ability to carry out all inspection, surveillance and monitoring procedures necessary to determine compliance with permit conditions. Program Review: ☐ Satisfactory ☒ Unsatisfactory ☐ Not Reviewed Required Improvements: (1) Develop and submit a draft regulatory mechanism and schedule for adoption. Part III.A.7.c: Illicit Discharge and Improper Disposal – Investigation of Suspected Illicit Discharges and/or Improper Disposal ☒ Proactive Illicit Discharge Inspection Records: No formal records. Number of inspections and number of illicit activities found documented? ☐Yes ☒No ☒ Proactive Inspection SOP: No SOP submitted. Does it include: Priority areas/facilities ☐Yes ☐No Annual inspection schedule ☐Yes ☐No Procedures for conducting MS4/facility inspections ☐Yes ☐No Procedures for confirming/notifying if a facility has MSGP coverage ☐Yes ☐No Procedures for tracing the source of an ID/IC ☐Yes ☐No Procedures for eliminating the discharge/connection ☐Yes ☐No Procedures for documenting inspection and enforcement activities ☐Yes ☐No Procedures for enforcement actions or referrals ☐Yes ☐No Staff/department(s)/entities responsible for performing inspections/enforcements ☐Yes ☐No Resources allocated to implement the program ☐Yes ☐No ☒ Reactive Illicit Discharge Investigation Records: No records submitted. ☒ Enforcement Records: No records submitted. ☒ Reactive Investigation SOP: No SOP submitted. Does it include: Procedures for documenting investigation and enforcement activities ☐Yes ☐No Procedures referring if a facility has MSGP coverage ☐Yes ☐No ☒ Training Records: Records submitted do not reflect annual trainings occur. ☒ Training SOP: No SOP submitted. 34 City of South Miami – FLS000003-004 Year 4 Audit Report Page 11 www.floridadep.gov Does it include: Topics ☐Yes ☐No Personnel/contractors targeted ☐Yes ☐No Materials and distribution methods for each target audience ☐Yes ☐No Annual schedule for training for new and current personnel ☐Yes ☐No The method for documenting training activities ☐Yes ☐No Staff/department(s)/entities responsible for performing training ☐Yes ☐No Auditor Comments: The permittee’s cover letter states - Inspections Performed by City of South Miami Code Enforcement and proactively by Public Works Department personnel. See attached Code Enforcement Sec 11-12. Code Enforcement drives their Routes 6x’s per week enforcing the City’s Code and Ordinances. Any Illicit Discharges are routed to Stormwater personnel at Public Works Department” and “no sop Although, done proactively by both the City of South Miami and Miami Dade County. The permittee had no formal documentation that proactive illicit discharge inspections are conducted. The Code Compliance Senior Officer stated for any issues in the past, they generally contact DERM. The permittee is required to implement a proactive inspection program to inspect the MS4 and identify and eliminate sources of illicit discharges, illicit connections, illegal dumping, improper disposal or other sources of non-stormwater to the MS4. A SOP is required to be developed identifying the procedures to conduct these inspections. The permittee stated reactive investigations were conducted in 2021, confirmed by the Year 4 report. The permittee is required to implement a reactive investigation program to conduct reactive investigations to identify and eliminate the source(s) of illicit discharges, illicit connections, improper disposal or illegal dumping to the MS4 based on reports received from permittee personnel, contractors, citizens, or other entities regarding suspected illicit activity. A SOP is required to be developed identifying the procedures to conduct these inspections. The permittee submitted the following training records – - John Reese; Qualified Stormwater Management Inspector by FDEP, 11/2/2007 - John Reese; Stormwater Operator Level 1 by Florida Stormwater Association, 7/22/2015 - Nelson Gomez; Certified Inspector of Sediment and Erosion Control Training Modules Certificate of Completion by Certified Inspector Sediment and Erosion Control, Inc., 3/23/2021 – 3/25/2021 The training records submitted are either not during the reporting period or are not specific to illicit discharge education. The permittee must educate all appropriate permittee personnel (including field crews, fleet maintenance staff, and inspectors) to identify and report conditions in the stormwater system that may indicate the presence of illicit discharges/connections/dumping to the MS4. Program Review: ☐ Satisfactory ☒ Unsatisfactory ☐ Not Reviewed 35 City of South Miami – FLS000003-004 Year 4 Audit Report Page 12 www.floridadep.gov Required Improvements: (1) Develop, submit, and immediately implement a proactive inspection SOP that meets all requirements of the permit. (2) Submit records of the two reactive investigations. (3) Submit a reactive investigation SOP that includes all requirements of the permit. (4) Develop, submit, and immediately implement a training SOP. (5) Immediately conduct an illicit discharge refresher training and provide the date of the training, method used, and mechanism identifying the employees trained. Part III.A.7.d: Illicit Discharge and Improper Disposal – Spill Prevention and Response ☒ Spill Response Records: No spills in 2021. Are the number of spills responded to documented? ☒N/A ☐Yes ☐No ☒ Spill Response SOP: Post-audit information included a “SOP Spill Prevention and Response”. Does it include: Identification of applicable staff to be notified of spills ☐Yes ☒No Control measures/procedures to mitigate spills from reaching the MS4 ☐Yes ☒No A method for documenting program activities ☐Yes ☒No ☒ Training Records: No applicable training records submitted. Are the types of training documented? ☐Yes ☒No Is the number of personnel trained documented? ☐Yes ☒No ☒ Training SOP: No SOP submitted. Does it include: Topics ☐Yes ☐No Personnel/contractors targeted ☐Yes ☐No Materials and distribution methods for each target audience ☐Yes ☐No Annual schedule for training for new and current personnel ☐Yes ☐No The method for documenting training activities ☐Yes ☐No Staff/department(s)/entities responsible for performing training ☐Yes ☐No Auditor Comments: The Spill Prevention and Response SOP submitted is a conglomerate of several permit parts but does not include the primary permit requirement as stated below. “Implement a spill prevention/spill response program with procedures to prevent, contain, and respond to spills that discharge into the MS4. Ensure that spills, regardless of whether they are hazardous, are properly addressed. The written SOP shall be reviewed annually and identify the applicable staff/ entities to be notified of spills, control measures and procedures to minimize or prevent spills, and the method for documenting program activities.” The permittee submitted the following training records – - John Reese; Qualified Stormwater Management Inspector by FDEP, 11/2/2007 36 City of South Miami – FLS000003-004 Year 4 Audit Report Page 13 www.floridadep.gov - John Reese; Stormwater Operator Level 1 by Florida Stormwater Association, 7/22/2015 - Nelson Gomez; Certified Inspector of Sediment and Erosion Control Training Modules Certificate of Completion by Certified Inspector Sediment and Erosion Control, Inc., 3/23/2021 – 3/25/2021 The training records submitted are either not during the reporting period or are not specific to spill prevention and response. The permittee must educate all appropriate permittee personnel (including field crews, fleet maintenance staff, and inspectors) on proper spill prevention, containment, and response techniques and procedures. The training must include how to prevent a spill, recognize and quickly assess the nature of a spill, contain a spill, and promptly report hazardous material and chemical spills to the appropriate authority. Program Review: ☐ Satisfactory ☒ Unsatisfactory ☐ Not Reviewed Required Improvements: (1) Submit a spill response SOP. (2) Develop, submit, and immediately implement a training SOP. (3) Immediately conduct a spill prevention and response training and provide the date of the training, method used, and mechanism identifying the employees trained. Part III.A.7.e: Illicit Discharge and Improper Disposal – Public Reporting ☒ Public Reporting, Education & Outreach Records: No outreach records submitted. Is the type of activities conducted and materials distributed documented? ☐Yes ☒No Is the number of activities conducted and materials distributed documented? ☐Yes ☒No Does the permittee maintain a public reporting phone line or website? ☒Yes ☐No ☒ Public Education & Outreach SOP: No SOP submitted. Does it include: Topics ☐Yes ☐No Target audience ☐Yes ☐No Activities and materials for each target audience ☐Yes ☐No Distribution methods ☐Yes ☐No Annual schedule for activities/distribution ☐Yes ☐No The method for documenting activities ☐Yes ☐No Staff/department(s)/entities responsible for performing outreach ☐Yes ☐No Resources allocated to implement the program ☐Yes ☐No Auditor Comments: The permittee’s cover letter states “City of South Miami Website. Outreach material was stopped as a result of the covid-19 pandemic. Any inquiries are to be instructed to visit the website for additional information.” Per the Year 1, 2, and 3 annual reports the permittee has not been reporting on a public education and outreach program to promote, publicize, and facilitate public reporting of the presence of illicit discharges, illicit connections, illegal dumping and improper disposal into the MS4. The reports show 37 City of South Miami – FLS000003-004 Year 4 Audit Report Page 14 www.floridadep.gov the website is used, but no quantifiable outreach has been reported. During the closing meeting, the permittee stated the website has a portal for residents to file complaints. Post-audit information included “SoMi INSIDER” e-mail blasts. The information in these e-mails is not applicable to the permit requirement. The permittee must have a program in place to maintain and publicize a phone line for public reporting of suspected illicit discharges. The permittee shall also disseminate information on the problems associated with illicit discharges, illicit connections, illegal dumping and improper disposal, how to identify them, and how to report incidents discovered. Program Review: ☐ Satisfactory ☒ Unsatisfactory ☐ Not Reviewed Required Improvements: (1) Submit a public education and outreach SOP. (2) Immediately conduct the outreach activities identified in the SOP and provide evidence that this occurred or provide a schedule of when outreach activities will be conducted to promote, publicize, and facilitate public reporting of the presence of illicit discharges, illicit connections, illegal dumping and improper disposal into the MS4 and disseminate information on the problems associated with illicit discharges, illicit connections, illegal dumping and improper disposal, how to identify them, and how to report incidents discovered. Part III.A.7.f: Illicit Discharge and Improper Disposal – Oils, Toxics, and Household Hazardous Waste Control ☒ Public Education & Outreach Records: No records submitted. Is the type of activities conducted and materials distributed documented? ☐Yes ☒No Is the number of activities conducted and materials distributed documented? ☐Yes ☒No ☒ HHW event records: No events. ☒ Public Education & Outreach SOP: No SOP submitted. Does it include: Topics ☐Yes ☐No Target audience ☐Yes ☐No Activities and materials for each target audience ☐Yes ☐No Distribution methods ☐Yes ☐No Annual schedule for activities/distribution ☐Yes ☐No The method for documenting activities ☐Yes ☐No Staff/department(s)/entities responsible for performing outreach ☐Yes ☐No Resources allocated to implement the program ☐Yes ☐No Auditor Comments: Per the Year 1, 2, and 3 annual reports the permittee has not been reporting on a public education and outreach program to encourage the proper use and disposal of used motor vehicle fluids, leftover hazardous household waste (HHW), and lead acid batteries. The reports show the website is used, but no 38 City of South Miami – FLS000003-004 Year 4 Audit Report Page 15 www.floridadep.gov quantifiable outreach has been reported. Additionally, based on the auditor’s review, the educational information for PHFs on the website is non-existent or extremely difficult to find. Post-audit information included “SoMi INSIDER” e-mail blasts. The information in these e-mails are not applicable to the permit requirement. The e-mail specifically states HHW is not accepted during recycling events. The permittee must have a program in place to routinely inform the public of the locations of collection facilities, a description of the types of materials accepted and the hours of operation. Program Review: ☐ Satisfactory ☒ Unsatisfactory ☐ Not Reviewed Required Improvements: (1) Develop, submit, and immediately implement a public education and outreach SOP. (2) Immediately conduct the outreach activities identified in the SOP and provide evidence that this occurred or provide a schedule of when outreach activities will be conducted. Part III.A.7.g: Illicit Discharge and Improper Disposal – Limitation of Sanitary Sewer Seepage ☒ SSO/I&I SOP: No SOP submitted. Procedures to notify the utility owner of possible contamination ☐Yes ☒No Procedures to eliminate SSOs and I&I incidents ☒N/A ☐Yes ☐No Procedures to document and track SSO and I&I events ☒N/A ☐Yes ☐No Auditor Comments: The permittee indicated Miami-Dade County is the owner/operator of the sanitary sewer. Program Review: ☐ Satisfactory ☒ Unsatisfactory ☐ Not Reviewed Required Improvements: (1) Develop and submit an SOP that includes procedures to notify Miami-Dade County if constituents common to wastewater contamination are discovered in the permittee’s MS4. Part III.A.8.a: Industrial and High-Risk Runoff – Identification of Priorities and Procedures for Inspections ☒ HRF Inventory: No inventory submitted. Is a list of High-Risk Facilities that discharge into the MS4 maintained? ☐N/A ☐Yes ☒No ☒ HRF Inspection Records: No records submitted. ☐ HRF Inspection SOP: No SOP submitted. Does it include: Prioritization and frequency for facility inspections ☐Yes ☐No An inspection schedule (at least once per permit cycle) ☐Yes ☐No Procedures for conducting inspections ☐Yes ☐No Procedures for confirming/notifying if a facility has MSGP coverage ☐Yes ☐No Procedures for documenting inspections and enforcement referrals ☐Yes ☐No 39 City of South Miami – FLS000003-004 Year 4 Audit Report Page 16 www.floridadep.gov Staff/department(s)/entities responsible for performing inspections ☐Yes ☐No A schedule for training inspectors ☐Yes ☐No Resources allocated to implement the program ☐Yes ☐No Auditor Comments: The permittee’s cover letter states “We do not have any facilities within the City of South Miami that would constitute as a High-Risk Runoff.” According to the Miami-Dade County Inspection Enforcement Report the City of South Miami has industrial facilities operating within its jurisdiction. Recommendation: It is recommended the permittee utilize the results of the Miami-Dade County proactive inspection program to identify high risk facilities within the city. The permittee would then be able to conduct more frequent inspections of these high-risk facilities ensuring there are no discharges to the city MS4. Note: Historically, Miami-Dade County conducts proactive inspections of businesses throughout the entire county. The permittee cannot rely solely on Miami-Dade County for the inspection of high-risk facilities without an interlocal agreement that explicitly states this. The permittee must develop an SOP that meets the requirement of this permit part. Program Review: ☐ Satisfactory ☒ Unsatisfactory ☐ Not Reviewed Required Improvements: (1) Develop, submit, and immediately implement a high-risk facility inspection SOP. Part III.A.8.b: Industrial and High-Risk Runoff – Monitoring for High-Risk Industries Program Review: ☐ Satisfactory ☐ Unsatisfactory ☒ Not Reviewed Part III.A.9.a: Construction Site Runoff – Site Planning and Non-Structural and Structural Best Management Practices ☒ Code/Ordinance/Permit/Policy requirement: No regulatory mechanism submitted. Does it include: Requirements for Erosion and Sediment Control BMPs? ☐Yes ☐No Requirements for Waste Control BMPs? ☐Yes ☐No ☒ Site Plan Review Records: No records submitted. Are Site Plan Review activities documented? ☐N/A ☐Yes ☒No Does it include record of ERP notification? ☐N/A ☐Yes ☒No Does it include record of ERP confirmation? ☐N/A ☐Yes ☒No Does it include record of CGP notification? ☐N/A ☐Yes ☒No Does it include record of CGP confirmation? ☐N/A ☐Yes ☒No 40 City of South Miami – FLS000003-004 Year 4 Audit Report Page 17 www.floridadep.gov ☒ Site Plan Review SOP: No SOP submitted. Does it include: Site Plan Review procedures to ensure local and state requirements are met ☐Yes ☐No Procedures to notify permit applicants of the need to obtain ERP & CGP ☐Yes ☐No Procedures to confirm that ERP & CGP coverage has been obtained ☐Yes ☐No Auditor Comments: The permittee’s cover letter states “The City of South Miami does not self-perform construction as all work is subcontracted. Plan Reviews are done during the Plans Review Process when notified by the building department. SWPPP plans are requested when applicable typically on sites required or over 1 acre which are only a handful since we are a very small city” and that all records of reviews are handled by the Building Department. The permittee does not have a written SOP required by this permit part. The permittee is required to review site plans, both public and private, to ensure the use and maintenance of appropriate structural and non-structural erosion, sedimentation and waste controls during construction to reduce the discharge of pollutants to the MS4. It appears that the permittee has no legal authority that requires the use and maintenance of appropriate structural and non-structural erosion, sedimentation and waste controls during construction to reduce the discharge of pollutants to the MS4. Program Review: ☐ Satisfactory ☒ Unsatisfactory ☐ Not Reviewed Required Improvements: (1) Develop and submit a draft regulatory mechanism and schedule for adoption. (2) Submit site plan review records for the Year 4 reporting period. (3) Submit a site plan review SOP. Part III.A.9.b: Construction Site Runoff – Inspection and Enforcement ☒ Construction Site Inspection Records: No records submitted. Are the number of inspections of active sites documented? ☐N/A ☐Yes ☒No ☒ Enforcement Records: No records submitted. Are the number and type of enforcement actions or referrals documented? ☐N/A ☐Yes ☒No Are follow up activities conducted and documented? ☐N/A ☐Yes ☒No ☒ Construction Site Inspection SOP: No SOP submitted. Does it include: Prioritization and frequency for construction site inspections ☐Yes ☐No Conducting inspections at least once prior, during, and after construction ☐Yes ☐No Procedures for conducting inspections ☐Yes ☐No An inspection checklist ☐Yes ☐No Procedures for documenting inspection and enforcement activities ☐Yes ☐No Procedures for enforcement actions or referrals ☐Yes ☐No 41 City of South Miami – FLS000003-004 Year 4 Audit Report Page 18 www.floridadep.gov Auditor Comments: The permittee did not submit any documentation associated with this permit part. The permittee did not report on private sites for any aspect of Part III.A.9 of the annual report. Program Review: ☐ Satisfactory ☒ Unsatisfactory ☐ Not Reviewed Required Improvements: (1) Submit the 12 construction site inspection records for 2021 identified in the annual report. (2) Develop, submit, and immediately implement a construction site inspection SOP. (3) Provide evidence that inspections are being conducted. Part III.A.9.c: Construction Site Runoff – Site Operator Training ☒ Training Records: Three certifications; details below. Are all site inspectors certified through the FSESCI Program? ☐Yes ☒No Is annual training for inspectors documented? ☐Yes ☒No Is annual training for site plan reviewers documented? ☐Yes ☒No ☒ Training SOP: No SOP submitted. Does it include: Topics ☐Yes ☐No Personnel/contractors targeted ☐Yes ☐No Materials and distribution methods for each target audience ☐Yes ☐No Annual schedule for training for new and current personnel ☐Yes ☐No The method for documenting training activities ☐Yes ☐No Staff/department(s)/entities responsible for performing training ☐Yes ☐No Auditor Comments: The permittee’s cover letter states “I myself (Nelson Gomez have completed the Inspector Training with CISEC on 3/23-3/25/2021. John Reese our Superintendent/Site Manager has also completed the Stormwater Operator Level I and Inspector – see attached CERTs. At our Previous Audit Michelle Bull suggested we watch online video in relation to Stormwater Management and have been doing so since our 2017 audit.” The permittee submitted the following training records – - John Reese; Qualified Stormwater Management Inspector by FDEP, 11/2/2007 - John Reese; Stormwater Operator Level 1 by Florida Stormwater Association, 7/22/2015 - Nelson Gomez; Certified Inspector of Sediment and Erosion Control Training Modules Certificate of Completion by Certified Inspector Sediment and Erosion Control, Inc., 3/23/2021 – 3/25/2021 The implementation of an annual training since the 2017 audit is commendable, but documentation that includes employees who attended, material used, and date of training must be maintained. 42 City of South Miami – FLS000003-004 Year 4 Audit Report Page 19 www.floridadep.gov Additionally, Nelson Gomez provided a certification offered by Certified Inspector Sediment and Erosion Control, Inc. All permittee inspectors and site operators (and contractors employed by or under contract with the permittee) must be certified through the Florida Stormwater, Erosion and Sedimentation Control Inspector (FSESCI) Training program or an equivalent program approved by the Department. This program is not accepted by the Department as it does not cover the State of Florida specific Construction Generic Permit requirements and information. The permittee is required to implement a training program for permittee personnel, including site plan reviewers, site operators, and inspectors of construction site stormwater management, erosion, and sedimentation controls. Program Review: ☐ Satisfactory ☒ Unsatisfactory ☐ Not Reviewed Required Improvements: (1) Develop, submit and immediately implement a construction site inspection training SOP. (2) Immediately conduct an erosion and sediment control training for inspectors, site plan reviewers, and operators. Submit the date the training occurred, method used to train, and mechanism identifying the employees that were trained. (3) Schedule a date to where city inspectors will attend the FSESCI training and provide the training date confirmation. IV. Site Visits Municipal Facility Site Name: Public Works Yard/Fleet Maintenance Address: 4857 SW 75th Ave, Miami, FL 33155 Auditor Comments: The Department shadowed the CIP Manager on a walkthrough of the facility. The CIP Manager provided a completed inspection form as stated in Part III.A.3 above identifying no issues during the November 10, 2021 inspection. No issues were identified during the walkthrough. See Section V for photos. 43 City of South Miami – FLS000003-004 Year 4 Audit Report Page 20 www.floridadep.gov V. Photos Stormwater Management Page under the Public Works Page NPDES Page under the Stormwater Management Page (several links are broken) 44 Sto r mwate r Ma nagement M aste r Plan Approved vi a resol uti on 39-12-13596, ADA Eng ineeri ng , Inc. wa s assigned l o develop and upd ate tile City of South Mi ami Sl ormv1ater Master Plan . ADA's approach also propose lhe lollowi ng mel hods. • An aly zing upl and areas wh ich can polenlial ly have impa cts lo lhe city's low lying areas . o ldenl ify ing th e most cost effective projects tha t meel current perm itting requirements. o Imp lementing cost effecti veness ana ty ses for p roposed slom1waler management projects. o Prepari ng a capit al improvement pl an for high priority, cosl effectiv e stormwater managemenl projects. • Provi<l i ng flexibWty to evalua te wa l er qua lity benefits ol flood control proj ec ls . Tas k Purpose and Scope A.D A Eng ineering , Inc. (ADA) was contracted by l he city unde r RFP Project Number SM- 20 11 -0 17-PW, Reso lutio n No. 39-12-13597 to complete the SW MMP updal e lor t he city. The SV\/MMP was subd ivided into six tasks with tile fi nal tas k consis,ti ng of l he prepa ralion of the fi nal SWMM P. The results and findings of each prima ry task will be summarized in tas k specifi c techn ica1 memoran d ums. The lechnicaJ memorandums to be pre pared as par1 of tile SWMMP are as foll ows : o TechnicaJ Memorandum No_ 1 -Data collec.li on and Eva luation • Technical Memo ra ndu m No. 2 -Exi sling CondJfions Hydrolog ic and Hyd rau lic Model viilhoul City Flood Proteclion Projecls • Technical Memo randum No. 3 -ldenlification and Ra nking of Problem Areas • Technical Memorandum No. 4 -Hydrolog ic and Hydrau lic Modeling with City Flood Prot eclion Projecls Compl eted and Unde r Design o TechnicaJ Memora.ndum No_ 5 -lden lifi calion , Ra nking and Prioritizi ng Future City Flood Proteclion Proj ec l s/Capit al Improvement Plan Access th e Stormwater Management Master Plan Report. Co nta ct Us Public Works & Engineering publicworksdept@southmiami n .gov 4795 SW 75th Ave . Miami , FL 33 155 p: 30 5-40:,.2063 t 305-66&-7208 Home , Your Government , Departmems & Divisjoos , Public Worts & Engineering , Slormwater Managemtnt , NPDES Nationa l Po ll ution D ischarge El im i nat i on Syst em System O bjectives The City of South Miami Pub lic Works alld Eng ineering Department manages, adminislers, and plans fOf canal maintena nce, drainage system improvement acti vities, and monitoring / enforcement per the National Pollution Discharge Elimination System (NPDES ) goals and objectives. • Check out the rKnowthe Flow!" brochurej describing how local / neighbort'lood , seconda ry, and reg ional water managemenl syslems work, which offer resid ents lips for checking / mainta ining their neigh bortlood drain age system. Review the b<ochure on the Florida NPOES Stormwater Permitting Program for Industrial Activity Also , please access !he followi ng resources fOf more informa tion : Florida Department of Environmental Protection, National Pollutant Discharge Elimination System (NPOES) NPOES Stormwater Program United States Environmental Protection Agency (EPA) City of South Miami – FLS000003-004 Year 4 Audit Report Page 21 www.floridadep.gov Public Works Yard/Fleet Maintenance Fueling Station with Garbage Trucks General overview of facility Stockpile Maintenance Shop Wash Station 45 46 MIAMI-DADE STATE OF FLORID A COUNTY OF MIAM I-D ADE: Before the undersigned au thority personally appeared ROSANA SALGADO, who on oath says that he or she is the LEG AL CLERK , Le gal Notices of the Miami Daily Business Review f/k/a Miami Revi ew, of Miami -Dade County , Florida ; Iha\ \he attached. COll'f o f advertisement , being a Legal Advertise ment of Not ice in the matte r of CITY OF SOUTH MIAMI -PUBLIC HEAR ING -DEC . 5, 2023 in the XXXX Court, was published in a newspaper by pri nl in the is sues of Miami Daily Business Review f/k/a Miami Review on 11 /24/2 023 Affia nt further says that th e newspaper complies with all lega l requiremen ts tor publica tion in chapter 50, Flo rida S\a\\l\es. L.~"·· ... ,,.~•hi• 24 da of (SEAL) ROSANA SALGAOO µet"SOna\\y \mow n to me ~~~•;;..;·~·tt.···· /f·•i;,Y---. CHR ISTINA LYNN RAVIX-DORLEANS ;:: ~ :~! Comm i ss ion# HH 332954 ,-t~~c ,·;,<?··' Expires November 19 2026 ,,,.,,.,, I CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION MEETING NOTICE OF PUBLIC HEARING Notice is hereby given that the City Commission will hold a public hearing on Tuesda December 5 2023 at 7:00 .m. at South Miami Cl Hall Commission Chambers, 6130 Sunset Drive, South Miami, FL 33143, tc consider the following public hearing ltem(s): AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING A FRANCHISE AGREEMENT WITH REDSPEED FLORIDA, LLC FOR THE INSTALLATION AND OPERATION OF SPEED DETECTION SYSTEMS FOR ENFORCEMENT OF SPEED LIMIT VIOLATIONS OCCURRING IN ELIGIBLE SCHOOL ZONES AND RELATED TRAFFIC REPORT SERV ICES AT NO COST TO THE CITY, CONTINGENT UPON FULL COMPLIANCE BY THE CITY AND REDSPEED FLORIDA, LLC WITH ALL THE REQUIREMENTS OF CHAPTER 2023-1 74 OF THE LAWS OF FLORIDA; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A FRANCHISE AGREEMENT WITH REDSPEED FLORIDA LLC FOR THE SERVICES; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, SEVERABIUTY AND AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ARTICLE Ill 'ZONING REGULATIONS", SECTION 20-3.6(1) OF THE LAND DEVELOPMENT CODE, ADDRESSING PERMISSIBLE HEIGHT OF AN ACCESSORY STRUCTURE; PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DA1E. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ARTICLE Vf "ADMINISTRATION AND ENFORCEMENT", SECTIONS 20-6.1 'ADMINISTRATIVE ENTITIES" AND 20-6.2 "APPEALS AND REVIEW ' OF THE LAND DEVELOPMENT CODE, TO PROVIDE FOR CITY COMMISSION REVIEW OF APPEALS OF ADMINISTRATIVE DECISIONS IN CONNECTION WITH ENFORCEMENT OF LAND DEVELOPMENT REGULATIONS; SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE. 47 < AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING A FRANCHISE AGREEMENT WITH AMERICAN WASTE SYSTEMS, LLC TO LEASE A PORTION OF THE CITY-OWNED PROPERTY LOCATED OUTSIDE THE CITY'S JURISDICTION AT 4795 SW 75 AVENUE FOR THE OPERATION OF AN INDOOR WASTE PROCESSING AND LOADING FACILITY; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A FRANCHISE AGREEMENT RELATING TO THE LEASE OF THE PROPERTY; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, SEVERABILITY, AND AN EFFECTIVE DATE . AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, CREATING A NEW ARTICLE VI OF CHAPTER 17 OF THE CITY'S CODE OF ORDINANCES TO REGULATE THE CONTROL OF DISCHARGE OF POLLUTANTS INTO STORMWATER COLLECTION FACILITIES PURSUANT TO TH E NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT PROCESS ; PROVIDING FOR CORRECTIONS; CODIF ICATION; SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE .. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLOR IDA, AMENDING ARTICLE IV, 'WATER SHORTAGE PLAN ," OF CHAPTER 16B, 'SEWERS AND WATER,' OF THE CITY CODE OF ORDINANCES TO INCORPORATE APPLICABLE MIAMI-DADE COUNTY PERMANENT YEAR-ROUND LANDSCAPE IRRIGATION RESTRICTIONS AND PROVIDE FOR ENFORCEMENT BY Tl-IE CITY; PROVIDING FOR CORRECTIONS ; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR IMPLEMENTATION AND AN EFFECTIVE DATE . Commission members will participate in Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (https://zoom.us/V3056636338). by phone by calling +1-786- 635-1003 and entering Meeting ID: 3056636338 when prompted, or in person in the Commiss ion Cha mbers , and where the ir appearance will be broadcast on the Zoom platform, and where they can participate . All interested parties are invited to attend and will be heard . For further informatio n, please contact the City Cl811<'s Office al: 305 -663-634 0. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the Commission with resp ect to this matter, such person must ensure that a verbatim reco rd of the proceedings is made, which record includes the testimony and evidence upon wh ich the appeal Is to be based . This not ice does not constitute -~tiVffle City for the introduction or admission of otherwise inadmisslbl or Irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. ADA: To request a modification to a pol icy, practice or procedure or to re- qu es t an auxiliary aide or service in order to participate In a City program, activity or event , you must on or before 4:00 p.m. 3 business days before the meeting (n ot counting the day of the meeting) deliver your request to the City Clerk by tele phone : 305-663-6340, by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne@southm iamifl.gov. 11/24 Nkenga A. Payne, CMC, FCRM City Clerk 23-59/0000696206M SUNDAY NOVEMBER 26 2023 NEIGHBORS ...................................................................................................15SE PHOTOS BY PEDRO PORTAL pportal@miamiherald.com Above, fairgoers browse at vendors’ booths ths during the celebration of the Miami Book Fair’s 40th Edition in downtown Miami on Nov. 18. Below: Families and kids enjoy the aerial performance Bloom! By Sway, at the Children’s Alley. The annual book fair, held on the campus of Miami Dade College’s Wolfson campus, is South Florida’s signature literary event. Glimpses of Miami Book Fair 48 Mandatory Pre-Bid Meeting: Proposal Deadline: INVITATION TO BID (ITBI # 2023-17 ARB0RICULTURAL SERVICES DECEMBER 14, 2023, AT 10:00 AM JANUARY 09, 2023, AT 11 :30 AM The Village of Key Biscayne invites solicitations from qualified vendors, licensed in the State of Florida, to provide a proposal for Arboricultural Services . The Village ol Key Biscayne encourages small and minority businesses, women 's business enterprises, and labor surplus area firms to submit proposals. Proposals must be submitted by the deadline date . Proposal packages will be available on the Village's website www.keybiscayne .ft.gov/procurement or on Demandstar. For further information contact: Procurement at procurement@keybiscayne.fl.gov CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION MEETING NOTICE OF PUBLIC HEARING Notice is hereby given that the City Commission will hold a public hearing on Tuesday. December 5. 2023, at ~-at South Miami City Hall Commission Chambers. 6130 Sunset Drive. South Miami. FL 33143 . to consider the following public hearing item(s): AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING A FRANCHISE AGREEMENT WITH REDSPEED FLORIDA, LLC FOR THE INSTALLATION AND OPERATION OF SPEED DETECTION SYSTEMS FOR ENFORCEMENT OF SPEED LIMIT VIOLATIONS OCCURRING IN ELIGIBLE SCHOOL ZONES AND RELATED TRAFFIC REPORT SERVICES AT NO COST TO THE CITY, CONTINGENT UPON FULL COMPLIANCE BY THE CITY AND REDSPEED FLORIDA, LLC WITH ALL THE REQUIREMENTS OF CHAPTER 2023-174 OF THE LAWS OF FLORIDA ; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A FRANCHISE AGREEMENT WITH REDSPEED FLORIDA LLC FOR THE SERVICES ; PROVIDING FOR IMPLEMENTATION , CORRECTIONS, SEVERABILITY AND AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ARTICLE Ill "ZONING REGULATIONS ", SECTION 20-3.6(1) OF THE LAND DEVELOPMENT CODE, ADDRESSING PERMISSIBLE HEIGHT OF AN ACCESSORY STRUCTURE ; PROVIDING FOR CORRECTIONS ; SEVERABILITY; CONFLICTS; IMPLEMENTATION ; AND AN EFFECTIVE DATE . AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI , FLORIDA, AMENDING ARTICLE VI "ADMINISTRATION AND ENFORCEMENT", SECTIONS 20-6 .1 "ADMINISTRATIVE ENTITIES" AND 20-6 .2 "APPEALS AND REVIEW" OF THE LAND DEVELOPMENT CODE, TO PROVIDE FOR CITY COMMISSION REVIEW OF APPEALS OF ADMINISTRATIVE DECISIONS IN CONNECTION WITH ENFORCEMENT OF LAND DEVELOPMENT REGULATIONS; SEVERABILITY; CONFLICTS ; IMPLEMENTATION ; AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI , FLORIDA, APPROVING A FRANCHISE AGREEMENT WITH AMERICAN WASTE SYSTEMS , LLC TO LEASE A PORTION OF THE CITY-OWNED PROPERTY LOCATED OUTSIDE THE CITY'S JURISDICTION AT 4795 SW 75 AVENUE FOR THE OPERATION OF AN INDOOR WASTE PROCESSING AND LOADING FACILITY; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A FRANCHISE AGREEMENT RELATING TO THE LEASE OF THE PROPERTY; PROVIDING FOR IMPLEMENTATION, CORRECTIONS , SEVERABILITY, AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI , FLORIDA, CREATING A NEW ARTICLE VI OF CHAPTER 17 OF THE CITY'S CODE OF ORDINANCES TO REGULATE THE CONTROL OF DISCHARGE OF POLLUTANTS INTO STORMWATER COLLECTION FACILITIES PURSUANT TO THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT PROCESS ; PROVIDING FOR CORRECTIONS ; CODIFICATION; SEVERABILITY ; CONFLICTS ; IMPLEMENTATION; AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI , FLORIDA, AMENDING ARTICLE IV, "WATER SHORTAGE PLAN," OF CHAPTER 16B, "SEWERS AND WATER," OF THE CITY CODE OF ORDINANCES TO INCORPORATE APPLICABLE MIAMI-DADE COUNTY PERMANENT YEAR-ROUND LANDSCAPE IRRIGATION RESTRICTIONS AND PROVIDE FOR ENFORCEMENT BY THE CITY; PROVIDING FOR CORRECTIONS ; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR IMPLEMENTATION AND AN EFFECTIVE DATE. Commission members will participate in Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (https ://zoom .us/j/3056636338). by phone by calling +1-786-635-1003 and entering Meeting ID : 3056636338 when prompted , or in person in the Commission Chambers, and where their appearance will be broadcast on the Zoom platform, and where they can participate . All interested parties are invited to attend and will be heard . For further information, please contact the City Clerk's Office at: 305-663-6340 . Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the Commission with respect to this matter, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based . This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a City program, activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request lo the City Clerk by telephone: 305-663-6340 , by mail al 6130 Sunset Drive, South Miami , Florida or email al npayne@soulhmiamifl.gov. Nkenga A. Payne, CMC, FCRM City Clerk