# City of Florence **URL:** https://aqualisco.com/compliance_item/city-of-florence-2/ **Author:** Hamsata Mazou **Published:** December 6, 2023 > Last Updated 08/26/2026 Excerpt from Florence Municipal Code § 54.41 REQUIREMENTS TO PREVENT, CONTROL AND REDUCE STORM WATER POLLUTANTS.  (A)   Authorization to adopt and impose best management practices. The city may adopt or amend requirements identifying best management practices for any activity,... --- Last Updated 08/26/2026 ## Excerpt from Florence Municipal Code § 54.41 REQUIREMENTS TO PREVENT, CONTROL AND REDUCE STORM WATER POLLUTANTS. ** **  (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. § 54.43 REQUIREMENT TO ELIMINATE SECURE APPROVAL FOR ILLICIT CONNECTIONS. ** **    (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. § 54.46 REQUIREMENT TO MONITOR AND ANALYZE. ** **    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. § 54.45 REQUIREMENT TO REMEDIATE. ** **    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](https://codelibrary.amlegal.com/codes/florence/latest/florence_ky/0-0-0-24668#JD_54.49) through [54.52](https://codelibrary.amlegal.com/codes/florence/latest/florence_ky/0-0-0-24684#JD_54.52) of 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: -  The performance of monitoring, analyses, and reporting; - The elimination of illicit connections or discharges; - 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; - The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property - Payment of a fine to cover administrative and remediation costs; and - 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. [ Need Help Interpreting Requirements? ](https://aqualisco.com/request-a-consultation/) ### 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. [ ** View State Page ](https://aqualisco.com/compliance_item/kentucky/) ### Resources [ ### Bowling Green BMP Manual View Resource ](https://www.bgky.org/stormwater/bmp) [ ### Stormwater Master Plan View Resource ](https://florence-ky.gov/wp-content/uploads/Public-Services/sw_master_plan.pdf) [ ### Florence Municipal Code View Resource ](https://codelibrary.amlegal.com/codes/florence/latest/florence_ky/0-0-0-24633) ## Frequently Asked Questions Can Florence, Kentucky require specific best management practices for stormwater pollution? ** ** Yes. The city can adopt or amend a BMP Manual identifying best management practices for any activity, operation, or facility that could pollute or contaminate stormwater, the storm drain system, or waters of the United States. Anyone undertaking such activity, or owning or operating such a facility, must comply once those requirements are in place, whether promulgated by the city or a federal, state, or regional agency. Does Florence require stormwater controls for new development and redevelopment projects? ** ** Yes. The city can adopt requirements identifying BMPs to control the volume, rate, and pollutant load of runoff from new development and redevelopment, and it incorporates those requirements directly into land use entitlements and construction or building permits. Owners and developers must comply with those terms, along with the Boone County Subdivision or Zoning Regulations. Is a Florence property required to implement BMPs even without a specific city requirement in place? ** ** Yes. Regardless of whether the city has adopted formal BMP requirements, anyone engaged in an activity or owning a facility that will or may result in pollutants entering stormwater, the storm drain system, or waters of the United States must implement BMPs to the extent technologically achievable. Who pays for stormwater protection measures at a commercial or industrial facility in Florence? ** ** The owner or operator. Commercial and industrial establishments must provide reasonable protection against accidental discharge of prohibited materials into the municipal storm drain system or watercourses, and any facilities needed to prevent that discharge must be installed and maintained at the owner’s or operator’s own expense. The information on this page is provided for general informational purposes only and is not legal advice. Regulations change frequently — AQUALIS makes no warranty as to the accuracy or completeness of this content, and any reliance on it is at your own risk. Consult a qualified professional or your local regulatory authority to confirm requirements applicable to your specific property.