MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS

Transcription

1 MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS 2401 S.E. MONTEREY ROAD STUART, FL DOUG SMITH Commissioner, District 1 Telephone: x 3 Fax: groderic@martin.fl.us ED FIELDING Commissioner, District 2 April 8, 2011 PATRICK HAYES Commissioner, District 3 SARAH HEARD Commissioner, District 4 EDWARD CIAMPI Commissioner, District 5 Eric H. Livingston, Program Administrator NPDES Stormwater Section 2600 Blair Stone Rd (MS2500) Tallahassee, Florida Re: Martin County NPDES Audit Response Dear Mr. Livingston: TARYN KRYZDA, CPM County Administrator STEPHEN FRY County Attorney Please find the attached NPDES Audit Response for Martin County, Engineering Environmental Quality along with Martin County Land Development Code, Article 4 Site Development Standards, Section 4.37.D referencing Soil Stabilization and including the Stormwater and Flood Protection Standards. Should you have any questions, please feel free to contact me at the above address or Baret Barry, Environmental Lands Coordinator bbarry@martin.fl.us for further information. Sincerely, Gary Roderick Martin County Engineering Environmental Quality Manager GR/BB /co w/ attachments cc: Don G. Donaldson, P.E. TELEPHONE WEB ADDRESS Page 1 of 1

2 Martin County NPDES Audit response: 1) BMP 1a-01: Maintain copes of the materials distributed and outlines of the presentations given by IFAS Florida Yards and Neighborhoods to ensure they contain a direct message about the impacts of stormwater discharges on water bodies and the steps that the public can take to reduce pollutants in runoff. Please provide a copy of the materials and outlines. Response: Some materials provided to FDEP during audit. Additional materials attached (Appendix A) Hard copies sent to County of PowerPoint presentations for Water Harvesting, Water Saving Techniques, and videos of PSA s. 2) BMP 1a-02 a. Maintain documentation of the number of stormwater-related educational materials distributed. Please provide a copy of the new method for tracking and documentation. The Cooperative Extension Service and the Library report the number of items distributed the locations of distribution, and a summary of the evaluation for the NPDES annual report. Library and Extension Service will delineate specific locations and events where materials distributed. Back up documentation can be correspondence, event documentation, print shop receipts, and calendar/schedule of specific events at various County locations. b. Maintain copies of all non-english stormwater-related educational materials created/distributed. Please provide a copy of the materials. Response: Materials attached (Appendix B). c. Maintain a copy of the evaluation report described in the Year 2 Annual Report. Please provide a copy of that report. Response: Report attached (Appendix C). 3) BMP 1a-03 a. Maintain documentation of the target water bodies, as per measurable goal 1. Please provide a copy of the new method for tracking and documentation. Keep Martin Beautiful provides the number of volunteers participating and the amount of material collected for the NPDES annual report database. Keep Martin Beautiful will retain flyers and event information for each clean up event, as well as a list of water bodies targeted for each reporting year.. Page 2 of 2

3 b. Maintain documentation of the amount of trash collected by volunteers at clean-up events. Please provide a copy of the new method for tracking and documentation. Keep Martin Beautiful provides the number of volunteers participating and the amount of material collected for the NPDES annual report database. Keep Martin Beautiful will retain flyers and event information for each clean up event, as well as a list of water bodies targeted for each reporting year. Keep Martin Beautiful will retain any dump tickets, paperweights, number of bags of debris, or other documentation detailing amount of trash per each event. 4) BMP 1a-04 a. Maintain documentation of the number of storm drains marked, their locations, and the volunteer group that installed the markers. Please provide a copy of the new documentation. The Keep Martin Beautiful program reports on the status of the program including the numbers of drains marked and of volunteers involved for the NPDES annual report database. Keep Martin Beautiful must retain documentation of number of storm drains marked, map of areas marked for each event, historic data of County stormdrains previously marked, sample of logo/marker used in program, and schedule of events during permit year. 5) BMP 1a-05: Maintain documentation of the amount of waste collected through the Household Haz Waste Program. Please provide a copy of the new method for tracking and documentation. Utilities department and Library System reports the amount materials collected, number of collection days and locations, and the number of promotional materials distributed for annual reporting purposes. Utilities Dept. must retain pick up/disposal receipts showing amounts of hazardous materials collected at events. 6) BMP 2a-03: Maintain documentation of the stormwater-related meetings/conferences attended by County staff, including the date, topics covered, and names of attendees. Please provide a copy of the new method for tracking and documentation. The Engineering Department is responsible for reporting on the numbers and types of meetings or other activities participated in the NPDES annual report database. Page 3 of 3

4 Meetings attendees shall retain information on names, date, and time of meetings attended. Staff shall also retain copies of agenda, sign-in-sheets (when available), or meeting minutes, as appropriate. Documents shall be retained for NPDES annual report (March 1-Feb 27/28 for report year dates), and any subsequent audit. 7) BMP 3c-01: Maintain documentation of the illicit discharge training of County staff, including the dates, topics covered and names of attendees. Please provide a copy of the new method for tracking and documentation. Response: ID training attendee list and copy of illicit discharge and spill prevention training program attached (Appendix D). No new trainings have taken place due to staff cuts. Amended SWMP to reflect new tracking/documentation procedures (in The Engineering Department is responsible for reporting on the number of staff trained, in the NPDES annual report database. Engineering Department contact shall retain sign-in sheets form all illicit discharge and spill prevention trainings, as well as copy of the training materials (PowerPoint, video, handouts). Documents shall be retained for NPDES annual report (March 1-Feb 27/28 for report year dates), and any subsequent audit. 8) BMP 3c-02: Maintain documentation of the proactive illicit discharge/illegal dumping inspections performed. Please provide a copy of the new method for tracking and documentation. The Engineering Department is responsible for reporting the number of potential illicit discharges reported and logged, the number determined by investigation to be in violation, and corrective actions taken, in the annual report database. The Engineering Department contact shall ensure proactive illicit discharge and illegal dumping inspections are notated as such, and kept separate from reactive inspections for purposes of inclusion in the annual report. 9) Element 3d: Add a BMP under Element 3d to inform County employees about the hazards associated with illicit discharges and improper disposal of waste into the MS4. Please include the revision in your Year 4 AR and your next NOI submittal. Response: Will be added for Year 4 AR. 10) BMP 3d-01 a. Maintain documentation of the number of hazardous waste brochures distributed by Keep Martin Beautiful. Please provide a copy of the new method for tracking and documentation. Response: Keep Martin Beautiful reports the number of hazardous waste brochures distributed in its monthly summary reports. The SMWP was amended (in italics) to reflect new reporting. The Office of Water Quality is responsible for reporting on the status of the program, including the number of messages disseminated each year, in the NPDES annual report database. Page 4 of 4

5 Keep Martin Beautiful will report numbers of Hazardous Waste brochures as a separate field in monthly summary reports and reports will be retained for back-up documentation. See (b.) below for Library reporting information. b. Maintain documentation of the number of Library Connection publications containing information about the hazards associated with illicit discharge and improper disposal of waste to the MS4. Please provide a copy of the new method for tracking and documentation. Response: Current documentation of number of hard copies reflects actual numbers distributed. No changes needed. 11) BMP3d-02 a. Maintain documentation of the number of visitors/hits to the Web page containing information on the hazards associated with illicit discharge and improper disposal of waste to the MS4. Please provide a copy of the new method for tracking and documentation. Information Technology Services is responsible for reporting on the completion of the posting of information and the number of visitors to each posted element in the NPDES annual report database. The IT Department shall track the number of unique visits to the specific webpages with information regarding illicit discharges: o ma=portal o ma=portal b. Maintain documentation of any updates to the Web Page as reported under measurable goal 2. Please provide a copy of the new method for tracking and documentation. Information Technology Services is responsible for reporting on the completion of the posting of information and the number of visitors to each posted element in the NPDES annual report database. The IT Department contact shall keep records of all webpage maintenance in form of s between IT staff or before/after screenshots detailing page updates. 12) BMP 3d-03: Maintain documentation of the number of times a message was aired on the Martin County Government Broadcasting station containing information on the hazards associated with illicit discharges and improper disposal of waste. Please provide a copy of the new method for tracking and documentation. Page 5 of 5

6 Response: MCTV will retain DVD copies of all notifications aired on MCTV. Copies will not be submitted with this audit response, but can be furnished upon request. In addition, the SWMP was amended to reflect new tracking/documentation procedures (in The Office of Water Quality is responsible for implementation of the program, including the number of messages aired on local government TV, in the NPDES annual report database. Staff will retain DVD copies and written summaries of all notification aired on MCTV. Staff will retain the number of airings of notifications during the report year. 13) BMP 3d-04: Maintain documentation of the number of businesses receiving information about the hazards associated with illicit discharges and improper disposal of waste in the MS4. Please provide a copy of the new method for tracking and documentation. Response: Inspector suggested preparation of SOP for SQG inspection to include distribution of illicit discharges and improper distribution of waste. The SOP will be developed an integrated into the SQG inspector trainings for new and existing staff. For documentation purposes, the SWMP was amended (in The Utilities and Solid Waste Department is responsible for reporting to the NPDES annual report database on the status of the program, including the selection of businesses, development of a plan for distributing the literature, and the number of businesses to which literature has been distributed. Staff must document numbers of businesses receiving inspections, and illicit discharge materials. Documentation shall state date of inspection and type of business inspected. An SOP will be developed for training of new and existing staff incorporating distribution of illicit discharge prevention materials at each inspection. 14) BMP 3d-05: Maintain documentation of the calls received regarding suspected illicit discharges/improper disposal, including the data, issue, whether an illicit discharge/dumping was confirmed and the resolution. Please provide a copy of the new method for tracking and documentation. Response: A new Stormwater Hotline number was added to the following webpage on the County s site: hema=portal Information on the calls and response will be entered and retained in the County s SIRFS tracking program. 15) BMP 4a-01 a. Update the BMP description to include reference to Martin County Ordinance 709, Section Please include the revision in Year 4 annual report and NOI submittal. Response: BMP will be updated for Year 4 report and NOI submittal. b. Ensure the County has the legal authority to require and enforce erosion and sediment controls, as well as waste controls, on construction sites that disturb Page 6 of 6

7 an acre or greater of land or disturb less than an acre of land and are part of a larger common plan of development or sale. Please provide a copy of the County s applicable legal authority. Response: 16) BMP 4d-01: Maintain documentation of the construction site plan reviews for appropriate erosion and sedimentation controls and waste controls. Please provide a copy of the new method for tracking and documentation. Response: from County Development Review Administrator: For private development, the Development Review Division of the Engineering Department reviews the applications for an erosion control plan in accordance with the County s Land Development Regulations (Sections A.3.f(4) and B.20) and Stormwater Management And Flood Protection Standards For Design And Review (Section 1.4.B.2.f(3)). This is a standard condition of approval in our automated system (KIVA). The Division requires each applicant to provide the NPDES permit number and the company responsible for its monitoring at each preconstruction meeting (Information Req'd for Pre-Con). In addition, the Division requires the Engineer of Record certify its compliance upon construction completion (Engineer's Certification). 17) BMP 4e-01: Maintain documentation of the contents of the notifications aired on MCTV and the number of airings each year. Please provide a copy of the new method for tracking and documentation. Response: MCTV will retain DVD copies of all notifications aired on MCTV. Copies will not be submitted with this audit response, but can be furnished upon request. In addition, the SWMP was amended to reflect new tracking/documentation procedures (in The Office of Water Quality is responsible for implementation of the program, including the number of messages aired on local government TV, in the NPDES annual report database. Staff will retain DVD copies and written summaries of all notification aired on MCTV. Staff will retain the number of airings of notifications during the report year. 18) BMP 4e-02: Maintain documentation of the number of visitors/hits to the Web page with notification to the public and the telephone number to call regarding construction site runoff issues. Please provide a copy of the new method for tracking and documentation. Response: A new Stormwater Hotline number was added to the following webpage on the County s site: hema=portal Information on the calls and response will be entered and retained in the County s SIRFS tracking program. Page 7 of 7

8 19) BMP 4f-01: Maintain documentation of the County staff trained through Florida DEP Stormwater, Erosion, and Sedimentation Control Inspector Training Program. Please provide a copy of the new method for tracking and documentation. Response: Documentation of existing trained staff (Appendix E) 20) BMP 4f-02: Maintain documentation of the construction site inspections performed for County operated projects and for privately-operated projects. Please provide a copy of the new method for tracking and documentation. The Office of Water Quality and Engineering report the number of construction sites inspected and the number of referrals to Code Enforcement to the NPDES annual report database. County must retain inspection reports for all private construction projects, and Countyoperated projects. 21) BMP 6a-01: Maintain documentation of the quantities of pesticides, herbicides, and fertilizers used. Please provide a copy of the new method for tracking and documentation. Response: All pesticide, herbicide and fertilizer applications are tracked using a checklist (Appendix F). The sheets are already kept in a separate NPDES folder and also entered into a master spreadsheet database for end of year and NPDES report year totals. No additional tracking necessary. 22) BMP 6a-03 a. Maintain documentation of the inspections and maintenance of each of the various types of stormwater system structures and the total amount of debris removed during maintenance of the structures. Please provide a copy of the new method for tracking and documentation. Response: Vacuum truck trip tickets are recycled after being entered into a database. The County will supply the database of all trip ticket information for next reporting period. No additional tracking necessary. b. Add measurable goals to document and report the specific number and types of structures that were inspected and maintained within the reporting period and the total amount of debris removed during maintenance of structures. Please include the revision in Year 4 annual report and NOI submittal. Response: BMP will be updated for Year 4 report and NOI submittal. a. BMP 6b-01: Maintain documentation of the County staff licensed by FDACS to apply pesticides/herbicides/fertilizers, and staff trained as stormwater operators. Please provide a copy of the new method for tracking and documentation. Response: List of licensed applicators is kept in Parks. Currently there are three licensed applicators (the report state 9, which was an error). The licensed applicators are Mark Lynch, Jim Lopilato, Raymond Roof). Since only three applicators are licensed and their licenses are kept in Parks records, no additional tracking is needed. Page 8 of 8

9 Martin County, Florida, Land Development Code >> - LAND DEVELOPMENT REGULATIONS >> Article 4 - SITE DEVELOPMENT STANDARDS >> DIVISION 2. - UPLANDS PROTECTION >> DIVISION 2. - UPLANDS PROTECTION [21] Sec Land clearing plans and procedures. Protection of upland habitat requires regulation of the development of upland areas. Because most development requires land clearing, this section establishes land clearing requirements and the procedure for obtaining land clearing permits. No land clearing shall be permitted in unincorporated Martin County until a land clearing permit is obtained and posted or the project is determined to be exempt from the requirements of obtaining a land clearing permit. No land clearing permit shall be issued until an environmental assessment, as required herein, has been submitted to, and approved by, the County in association with applicable development review procedures. This section shall apply to all land clearing and development activities in unincorporated Martin County. No land clearing shall be allowed, except as described in section 4.34, Preservation requirements for upland areas within the agricultural land use designation, unless a final site plan has been approved in accordance with applicable development review procedures. For agricultural purposes, no clearing of native habitat shall begin until an environmental assessment and a PAMP have been submitted to the County and approved A. Land clearing procedures. 1. Applications for land clearing shall require a land clearing plan that includes, at a minimum, proposed dates for clearing, the proposed method of erosion and sediment control, the proposed method of debris disposal and soil stabilization procedures to be implemented after land clearing. Where off-site siltation becomes a problem, work on the project shall stop until an amended plan is approved and implemented. 2. During construction activities, existing native vegetation shall be retained to act as buffers between adjacent land uses, and to minimize nuisance dust, noise and air pollution. This requirement shall be a condition of all development approvals. Barricades shall be used on site to preserve the vegetation to be retained B. Permits. Land clearing permits may be issued under the following circumstances but, in all cases a land clearing permit shall be posted, where visible and accessible, prior to the start of clearing. 1. Prior to land clearing, the owner of a residential lot platted or recorded prior to February 20, 1990, shall obtain a short form land clearing permit in conjunction with the issuance of a single-family or duplex building permit. Such lot shall be exempt from the preservation requirements in sections 4.33 through 4.36, but shall be developed in compliance with all other requirements of this division. 2. Prior to land clearing, the owner of a residential lot created through a final site plan approved after February 20, 1990, shall be issued a short-form land clearing permit in conjunction with the issuance of a single-family or duplex building permit. Such lot shall be developed in compliance with the applicable PAMP for that subdivision. 3. For land clearing permits issued in conjunction with a final site plan approval of a subdivision (standard, minor or major) pursuant to article 10 of the Martin County Land Development Regulations, the following restrictions shall apply: a. Subdivision lots of less than 6,500 square feet may be cleared along with the roads and utilities. b. Subdivision lots in excess of 6,500 square feet shall not be cleared until a land clearing permit is issued in conjunction with a building permit. c. In limited cases when it is necessary to retain excess fill in designated areas (i.e., building pads), clearing of native vegetation on subdivision lots, over 6,500 square feet shall be permitted, prior to the issuance of a building permit. 4. An agricultural land clearing permit shall be required for the removal of native vegetation and the conversion of native habitat to agricultural production on land with an agricultural future land use designation. For agricultural purposes, no land clearing shall begin until an environmental assessment and a PAMP have been submitted and approved in accordance with the requirements of section 4.34, Preservation requirements for upland areas within the agricultural land use designation. 5. Agricultural land clearing permits shall not be issued for land designated agricultural ranchette on the future land use map. The provisions of section 4.34 shall not apply to lands designated agricultural ranchette C. Exemptions. The following activities shall not require the issuance of a land clearing permit. 1. The removal of exotic invasive vegetation from undeveloped land shall not require the issuance of a land clearing permit. However, any impact to native vegetation (canopy, understory or groundcover) resulting from or done as a part of exotic invasive vegetation removal may require restoration and replanting of the native vegetation, as specified in section Therefore, clearing of exotic invasive vegetation shall be conducted with the concurrence of the Environmental Division of the Growth Management Department. In addition, if the use of motorized vehicles or tools other than hand-held tools are proposed as part of the clearing and removal process, an Exotic Vegetation Clearing Plan that has been approved by the Page 9 of 9

10 Director of the Growth Management Department shall be required. Hand-held tools are defined here as those tools that can be held in a person's hands, including power tools The Board of County Commissioners may establish a fee for the processing of Exotic Vegetation Clearing Plans. Exotic Vegetation Clearing Plans shall be posted in a conspicuous place in front of the premises before clearing is started. Single-family homeowners shall not be required to obtain land clearing permits or submit Exotic Vegetation Clearing Plans prior to removing exotic vegetation from the parcel on which their home is located. Single-family homeowners are encouraged to seek advice and guidance from the Environmental Division of the Growth Management Department when formulating plans to clear exotic invasive vegetation from such parcels. All land clearing debris, including exotic invasive vegetation debris, shall be removed from the premises and not piled or stored within the premises. a. Where the removal of exotic invasive vegetation will result in areas of more than one-quarter acre of exposed soil, such soil shall be planted or seeded with a permanent native groundcover to reduce the loss of topsoil due to water and wind erosion. b. Where the removal of exotic invasive vegetation from the upland preserve areas of a site is proposed, such activity shall be conducted pursuant to a PAMP. Although no land clearing permit will be necessary for the removal of exotic invasive vegetation from designated preserve areas under the control of a PAMP, clearing in preserve areas shall be conducted with the concurrence of the Environmental Division of the Growth Management Department. In addition, if the use of motorized vehicles or tools other than hand-held tools are proposed as part of the clearing or removal process, an Exotic Vegetation Clearing Plan that has been approved by the Director of the Growth Management Department shall be required. Hand-held tools are defined here as those tools that can be held in a person's hands, including power tools. The Board of County Commissioners may establish a fee for the processing of Exotic Vegetation Clearing Plans. Exotic Vegetation Clearing Plans shall be posted in a conspicuous place in front of the premises before clearing is started. All land clearing debris, including exotic invasive vegetation debris, shall be removed from the preserve area and not piled or stored within the preserve area. 2. Based on an environmental assessment showing that no upland or wetland habitat exists, or an approved final site plan, where clearing has been previously approved, proposed development may be determined to be exempt from the requirement for obtaining a land clearing permit. 3. The removal of understory through the use of hand tools to establish a line of sight for the purpose of performing routine field survey work shall not require a land clearing permit D. Soil stabilization. Soil stabilization such as seeding, wetting and mulching which minimize airborne dust and particulate emission generated by construction activity shall be completed progressively as vegetation removal occurs within a given area of a site. Excavation, fill placement, vertical construction or soil stabilization shall begin within 15 days, and shall be completed within 30 days of vegetation removal within a given area of a site. The method chosen for soil stabilization must be appropriate for the particular situation E. Disposal of land clearing debris. Open burning of land clearing debris in the Urban Service District, as defined in the Future Land Use Element of the Comprehensive Plan, by any method other than the oxygenated or pit burning technique that does not add particulate matter or smoke to the air, shall be prohibited. Land clearing debris shall be disposed of in the following manner: 1. Chipped on-site or at a legal chipping facility and delivered for composting to a facility approved for composting; or 2. Delivered to the chipper at the Martin County Landfill and chipped for mulch; or 3. Burned as described above. Page 10 of 10