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Clay County, FL Environmental Rules: Stormwater Management (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
§ 19-455 MS4 discharge ban
Penalty
$125 per occurrence
Appeal window
10 days from notice
Hearing deadline
20 days from appeal
Hazmat report deadline
24 hrs, written in 72
Enforcing agency
Dept. of Environmental Services

Summary

Clay County's illicit discharge ordinance bans dumping anything but stormwater into its municipal separate storm sewer system or a private stormwater system, with narrow carve-outs like NPDES-permitted discharges and firefighting flows. The Department of Environmental Services enforces the rule and can fine violators $125 per occurrence under the county's penalty schedule.

These county ordinances apply to unincorporated areas of Clay County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

It shall be unlawful and a violation of this article for any person to introduce or cause to be introduced into a MS4 or a private stormwater management system any discharge that is not composed entirely of stormwater, with the exception of: (1) A discharge specifically authorized by, and in full compliance with, National Pollutant Discharge Elimination System (NPDES) permits; (2) A discharge specifically authorized by, and in full compliance with the department; (3) A discharge or flow resulting from fire fighting by the local authority having jurisdiction; (4) The following non-stormwater discharges, provided they are not identified as a source of pollutants and approval is obtained from the stormwater management system owner: (a) Rising ground waters; ... (m) Water line flushing. It shall be unlawful and a violation of this article for any person to establish, use, or maintain an illicit connection to a MS4 or private stormwater management system.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 86).

Full Breakdown

Section 19-455 of the Clay County Code makes it unlawful to introduce, or cause to be introduced, any discharge into a municipal separate storm sewer system (MS4) or a private stormwater management system that is not composed entirely of stormwater. The section lists narrow exceptions: discharges authorized under an NPDES permit, discharges specifically authorized by the department, firefighting flows, and a defined list of non-stormwater flows such as uncontaminated groundwater infiltration, air conditioning condensate, footing drains, de-chlorinated pool discharges and landscape irrigation, so long as they are not identified as a pollutant source.

The same section separately makes it unlawful to establish, use or maintain an illicit connection to the MS4 or a private stormwater system. This provision sits inside the county's broader Illicit Discharge and Connection article, which under Section 19-454 also bars dry-weather runoff such as pressure-washing wastewater, chlorinated pool backwash and vehicle fluids from reaching surface waters, and requires equipment leaking oil or fluids to be repaired or moved off areas exposed to stormwater runoff. Enforcement runs through Section 19-458: the department issues a written notice of violation that can order monitoring, elimination of the illicit connection, cessation of the discharge, remediation and payment of a fine, and the recipient has ten days to file a notice of appeal, with a hearing before the Clay County Board of County Commissioners or its designee set within twenty days.

If the violation is not corrected, county forces may enter the property to abate it and bill the owner for the cost under Section 19-457, and unpaid abatement costs become a lien on the property.

Violations & Fines

Under the county's Section 19-459 penalty schedule, failing to comply with the Section 19-455 stormwater management system requirements draws a $125 fine per occurrence. A hazardous materials discharge must be reported to the Clay County Public Safety Office, Clay County Health Department and the Florida Department of Environmental Protection within twenty-four hours, with a written follow-up report due within seventy-two hours under Section 19-452, or the discharger faces separate reporting-violation penalties and liability for the county's investigative costs.

Frequently Asked Questions

What can't be discharged into Clay County's storm drains?
Anything other than stormwater is presumptively prohibited under Section 19-455, unless it falls into a listed exception such as an NPDES-permitted discharge, firefighting water, uncontaminated groundwater, air conditioning condensate or de-chlorinated pool water approved by the system owner. Wastewater from pressure washing, pool cleaning chemicals and vehicle fluid leaks are separately barred under Section 19-454.
Who investigates a stormwater violation in Clay County?
The county's Department of Environmental Services investigates and issues the written notice of violation under Section 19-458. It can order the discharge stopped, require remediation and bill the responsible party for investigative costs under Section 19-457, which include labor, lab and equipment costs the county incurs.
Can a property owner appeal a stormwater notice of violation?
Yes. Section 19-458(2) gives the recipient ten days from the notice to file an appeal, and the Board of County Commissioners or its designee must hold a hearing within twenty days of receiving it. Its decision is final, and uncorrected violations can lead to county entry onto the property to abate the problem.

Sources & Official References

Other rules in Clay County

All Clay County rules

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