Clay County: Business Impact Estimate

Clay County: Business Impact Estimate

Proposed Ordinance's Title:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF CLAY COUNTY, FLORIDA, AMENDING ARTICLE VIII, ILLICIT DISCHARGE, OF CHAPTER 19 OF THE CLAY COUNTY CODE, WATER AND WASTE WATER MANAGEMENT, BEING THE CODIFICATION OF CLAY COUNTY ORDINANCE NO 2006-59, TO AMEND SECTION 19-445, APPLICABILITY, TO EXPAND THE APPLICABILITY OF THE REQUIREMENTS OF THE ORDINANCE TO INCLUDE THE INCORPORATED AREAS OF CLAY COUNTY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

This Business Impact Estimate is provided in accordance with Section 125.66 (3), Florida Statutes.

1. A summary of the proposed ordinance, including a statement of the public purpose to be served by the proposed ordinance, such as serving the public health, safety, morals, and welfare of the County:

The proposed ordinance is to amend the Clay County Illicit Discharge Ordinance, initially adopted on November 14, 2006, as Clay County Ordinance No. 2006-59, and codified as Article VIII of Chapter 19, Clay County Code. The purpose of this Article is to protect public health, safety, welfare, and the environment through the regulation of the materials discharged into surface water, groundwater and stormwater management systems within the County. Currently, the Ordinance is applicable to all persons within the unincorporated areas of Clay County, and the proposed Ordinance would increase the reach of the Clay County Illicit Discharge Ordinance to include the incorporated areas of Clay County.

2. An estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the County, including the following, if any:

a. An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted:

The Illicit Discharge Ordinance was enacted in 2006 and has been in continuous effect since that time. There are no new compliance costs associated with increasing the scope of the Ordinance to include the incorporated areas of Clay County.

b. Identification of any new charge or fee on businesses subject to the proposed ordinance or for which businesses will be financially responsible:

The Illicit Discharge Ordinance has been in place for approximately 20 years; therefore, there are no new charges or fees associated with the proposed Ordinance. The schedule of penalties for violations of the Ordinance, found in Section 19-459, would become applicable to illicit discharges of waste water occurring within incorporated areas of Clay County.

c. An estimate of the County's regulatory costs, including an estimate of revenues from any new charges or fees that will be imposed on businesses to cover such costs:

Any increase in the County's regulatory costs should be offset by the violator because the Illicit Discharge Ordinance provides, in Section 19-457, that violators are required to reimburse the County for all investigative costs incurred by the County.

3. A good faith estimate of the number of businesses likely to be impacted by the ordinance:

The number of businesses likely to violate the Illicit Discharge Ordinance within the incorporated areas of Clay County is not easily estimated. However, based on the limited County enforcement efforts required under the Ordinance in the last approximately 20 years, a de minimis number of businesses are likely to violate the Ordinance within the municipalities and be impacted by this Ordinance.

4. Any additional information the board determines may be useful:

N/A