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 Brevard County
 Code of Ordinances
 Chapter 110. UTILITIES
 Article V. STORMWATER UTILITY

  § 110-375. Application of annual stormwater utility assessment to governmental agencies.  

Latest version.

  • Consistent with the provisions of 33 U.S.C.A. § 1323, unless otherwise exempt or reduced by state or federal law:

    (a)

    Each department, agency, or instrumentality of the executive, legislative, and judicial branches of the Federal Government (1) having jurisdiction over any property or facility, or (2) engaged in any activity resulting, or which may result, in the discharge or runoff of pollutants, and each officer, agent, or employee thereof in the performance of his official duties, shall be subject to the payment of the stormwater fee imposed by this ordinance for all property or facilities under their jurisdiction and lying within the county.

    (b)

    With the exception of an assessment imposed against a leasehold involving a private party's lease of federal lands, the stormwater fee for each facility or property under federal ownership or jurisdiction shall be the amount established in the rate resolution adopted under the provisions of section 110-369, however, the stormwater fee shall charged against lands or facilities under Federal ownership or jurisdiction shall not be collected in the manner in which non-ad valorem assessments are collected. The amount of the stormwater fee charged to a department, agency, or instrumentality of the executive, legislative, and judicial branches of the Federal Government shall be billed to that entity. Unless otherwise provided by law or county ordinance, the stormwater fee shall bear interest at the statutory rate commencing 60 days after the date the bill is mailed or delivered to the federal entity with jurisdiction over or ownership of the property.

    (c)

    Federal properties that are allocated pollutant load reductions under the state's total maximum daily load program are responsible to the state for such reductions and are therefore exempt from the annual stormwater assessment imposed under the provisions of this article.

    All other governmental agencies owning real property within designated stormwater management system benefit areas shall be exempt from the annual stormwater utility assessment imposed under the provisions of this article.

(Code 1979, § 23-173; Ord. No. 95-34, § 3, 8-8-95; Ord. No. 2012-19, § 1, 7-31-12)