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    City of Florence

    Excerpt from Florence Municipal Code


       (A)   Authorization to adopt and impose best management practices. The city may adopt or amend requirements identifying best management practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the United States as a separate BMP Manual. Where best management practices requirements are promulgated by the City or any federal, Commonwealth of Kentucky, or regional agency for any activity, operation, or facility which would otherwise cause the discharge of pollutants to the storm drain system or water of the United States, every person undertaking such activity or operation, or owning or operating such facility shall comply with such requirements.
       (B)   New development and redevelopment. The city may adopt or amend requirements identifying appropriate best management practices to control the volume, rate, and potential pollutant load of storm water runoff from new development and redevelopment projects as may be appropriate to minimize the generation, transport and discharge of pollutants. The city shall incorporate such requirements in any land use entitlement and construction or building-related permit to be issued relative to such development or redevelopment. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and building permits as required in this subchapter and the Boone County Subdivision or Zoning Regulations.
       (C)   Responsibility to implement best management practices. Notwithstanding the presence or absence of requirements promulgated pursuant to divisions (A) and (B) of this section, any person engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering storm water, the storm drain system, or waters of the United States shall implement best management practices to the extent they are technologically achievable to prevent and reduce such pollutants. The owner or operator of a commercial or industrial establishment shall provide reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owners or operators expense.



       (A)   The Public Services Director may require by written notice that a person responsible for an illicit connection to the storm drain system comply with the requirements of this subchapter and the best management practices requirements authorized herein to eliminate or secure approval for the connection by a specified date, regardless of whether or not the connection or discharges to it had been established or approved prior to the effective date of this subchapter.
       (B)   If, subsequent to eliminating a connection found to be in violation of this subchapter or the best management practices requirements authorized herein, the responsible person can demonstrate that an illegal discharge will no longer occur, the person may request city approval to reconnect. The reconnection or reinstallation of the connection shall be at the responsible person’s expense.



       Whenever the Public Services Director finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of storm water, the storm drain system, or water of the United States, the Public Services Director may require by written notice to the owner of the property and/or the responsible person that the pollution be remediated and the affected property restored within a specified time pursuant to the provisions of §§ 54.49 through 54.52 of this subchapter.



       The Public Services Director may require by written notice of requirement that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to storm water pollution, illegal discharges, and/or non-storm water discharges to the storm drain system or waters of the United States, to undertake at said persons expense such monitoring and analyses and furnish such reports to the city as deemed necessary to determine compliance with this subchapter.


    § 54.49 ENFORCEMENT.

       (A)   Whenever the Public Services Director or his/her designee finds that a person has violated a prohibition or failed to meet a requirement of this subchapter, the Director may order compliance by written notice of violation to the owner, lessee, or other responsible person. Such notice may require without limitation:
        1. The performance of monitoring, analyses, and reporting;
        2. The elimination of illicit connections or discharges;
        3. That violating discharges, practices, or operations shall cease and desist or a stop work order may issue pending correction, elimination of discharges or their abatement;
        4. The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;
        5. Payment of a fine to cover administrative and remediation costs; and
        6. The implementation of source control or treatment BMPs.
         (B)   If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work may be done by the city or a contractor designated by the Public Services Director and the expense thereof shall be charged to the violator pursuant to § 54.51.


    From Kentucky Best Management Practices Manual

    When land is developed, the hydrology, or the natural cycle of water is disrupted, altering the delivery of water and sediment to local waterways. Clearing removes the vegetation that intercepts, slows and returns rainfall to the air through evaporation and transpiration. Grading flattens hilly terrain and fills in natural depressions that slow and provide temporary storage for rainfall. Rainfall that once seeped into the ground now runs off the surface. The addition of buildings, roadways, parking lots and other surfaces that are impervious to rainfall further reduces infiltration and increases runoff.

    Nonpoint source (NPS) pollution, a primary cause of water quality impairment, is largely caused by polluted or poorly managed storm water runoff. NPS pollution comes from many diffuse or scattered sources—most of which are the result of human activities within a watershed. Development concentrate and increases the amount of these nonpoint source pollutants. As storm water runoff moves across the land surface, it picks up and carries away both natural and human-made pollutants, depositing them into Northern Kentucky’s streams, rivers, lakes, wetlands, marshes, and underground aquifers. Nonpoint source pollution is a leading source of water quality degradation in Northern Kentucky.


    Additional Links

    Northern Kentucky Best Management Practices Manual

    Florence Stormwater Regulations

    Florence Municipal Code