O89-40AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING CHAPTER 26, 'WATER, SEWERS AND
CITY UTILITIES', ARTICLE IV "SEWERS",
DIVISION 2. "DISCHARGE TO REGIONAL
TREATMENT FACILITY GENERALLY" OF THE
CODE OF ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, BY AMENDING
SUB-SUBSECTION 26-89(c)(9)a. TO INCREASE
THE FINE FOR A VIOLATION; BY ENACTING A
NEW SUB-SUBSECTION 26-89(c)(9)c. TO
PROVIDE THAT A VIOLATOR MUST RE-SAMPLE
THEIR DISCHARGE FOLLOWING A VIOLATION;
BY ENACTING A NEW SUBSECTION 26-85(6)
REQUI~RING USERS TO GIVE NOTICE OF A
CHANGE IN THE NATURE OF THEIR DISCHARGE;
BY ENACTING A NEW SUB-SUBSECTION
26-83(4)c. TO REQUIRE SAMPLING OF
DIS( FOLLOWING THE ISSUANCE AND
~CE OF PERMITS; BY AMENDING
SUBSECTIONS 26-80(4)g. AND
th. TO PROVIDE FOR REVISED
LIMITS TO THE P.O.T.W.;
THAT EACH' AND EVERY OTHER
OF CHAPTER 26 NOT SPECIFICALLY
AMENDED SHALL REMAIN IN FULL
AND EFFECT AS PREVIOUSLY ENACTED;
A CONFLICTS CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING
TO CODIFY; PROVIDING AN
DATE AND FOR OTHER PURPOSES.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1.
That Chapter 26, "Water, Sewers and City
Utilities" Article IV "Sewers", Division 2., Sub-subsection
26-89(c)(9)a. "Civil Penalty" is hereby amended by adding
the words and figures in underlined type and by deleting the
words and figures in struck through type as follows:
Civil penalties. Any user who is
found to have violated an order of
the city or who willfully or
negligently fails to comply with
any provision of this division, and
the orders, rules and regulations
issued hereunder, shall be fined
per day not less than ~e-hu~e~
~a~s--%$~88~88~--~--m~e--~ha~
~ve-hum~e~-~lla~s-%$Dggr99} One
Thousand Dollars ($1,000.00) for
each offense. Each day on which a
violation shall occur or continue
shall be deemed a separate and
distinct offense. In addition to
the penalties provided herein, the
city may recover reasonable
attorney's fees, court costs, court
reporters' fees and other expenses
of litigation by appropriate suit
at law against the person found to
have violated this division or the
orders, rules, regulations and
permits issued hereunder.
Section 2.
That Chapter 26, "Water, Sewers and City
Utilities" Article IV "Sewers", Section 26-89(c)(9) Penalty;
costs, of the Code of Ordinances of the City of Boynton
Beach, Florida, be, and the same is hereby amended by
enacting a new sub-subsection c. to read as follows:
Within thirty (30) days of any and
all violations, the user shall
cause a sample of the discharge to
be taken and laboratory analysis
performed on said sample at their
expense with the results to be
provided to the Utilities Director.
The Utilities Director may require
further sampling at such times as
he deems appropriate.
Section 3.
That Chapter 26, "Water, Sewers and City
Utilities", Article IV "Sewers" of the Code of Ordinances of
the City of Boynton Beach, Florida, be, and the same is
hereby amended by enacting a new subsection 26-85(6)
"Substantial Change in Discharge", to read as follows:
(6) Substantial Change in Discharge.
In case of a substantial change in
the volume or character of their
discharge, it is the responsibility
of the user to immediately
telephone and notify the Utilities
Director of such change. The
notification shall include the
location of the discharge, type of
waste, concentration and
anticipated period of time in which
the change in volume or character
of the discharge is to continue.
Section 4. That Chapter 26, "Water, Sewers and City
Utilities" Article IV "Sewers", Section 26-83 "Industrial
and commercial waste discharge permit application."
Subsection (4) of the Code of Ordinances of the City of
Boynton Beach' Florida, be and the same is hereby amended by
enacting a new Sub-Subsection c. to read as follows:
Within thirty (30) days of the
issuance of reissuance of a permit,
the user shall cause sampling of
their discharge and laboratory
analysis of said discharge to be
forwarded to the Utilities
Director. Upon receipt of the
results of said laboratory
analysis, the Utilities Director
may direct the user to further
sample the discharge at such times
as the Utilities Director deems
appropriate.
Section 5. That Chapter 26, "Water, Sewers and City
Utilities", Article IV "Sewers" Division 2., Section 26-80
"Criteria for wastes discharged to P.O.T.W." Sub-Subsections
26-80(4)g. and 26-80(4)h. are hereby amended by adding the
words and figures in underlined type and by deleting the
words and figures in struck-through type, as follows:
ho
Any waste containing toxic substances in
quantities in excess of the following
limits and measured at the point of
discharge into the sewer system:
Aluminum ................ 15 mg/1
Antimony ................ 2 mg/1
Arsenic ................ 0.5 mg/1
Beryllium ............... 11 mg/1
Cadmium ................ 0.1 mg/1
Chromium tot ........... ~ 1 mg/1
Chromium (+6) ........~ 0.~ mg/1
Copper .......... 8~8~ 3 mg/1
Cyanide ......... 8~6~6 ~ mg/1
Fluorides ............... 5~ mg/
Irons .................. ~ 5 mg/1
Lead ................... 0.~ mg/1
Mercury ...... 8~08~848 .001 mg/1
Nickel ...............8~6 ! mg/1
Petroleum Hydrocarbo~ 2~ mg/1
Phenolic comp ...... 8=88~ 1 mg/1
Selenium ............ 0 2~ mg/1
Silver ........ ,...8=088~ 1 mg/1
Total toxic Orqanics .... ~ mg/1
no one Darameter over 1
mg/1
Zinc ................. 4=~ 3 mg/1
or any substance that will pass through
the waste treatment facilities and
exceed the state and federal
requirements for receiving waters.
Any waste from sodium-cycle cation
exchange (water softening) unites from
industrial or commercial users where the
clhoride content exceeds e~§h%-hu~e~
~888~ six hundred (600) mg/1.
Section 6. That each and every other provision of
Chapter 26, "Water, Sewers and City Utilities", not
specifically amended herein shall remain in full force and
effect as previously enacted.
Section 7. That all ordinances or parts of
ordinances in conflict herewith be and the same are hereby
repealed.
Section 8. Should any section or provision of this
ordinance or portion hereof, any paragraph, sentence, or
word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the remainder of
this ordinance.
Section 9.
said ordinance.
Section 10.
Authority is hereby granted to codify
This ordinance shall become effective
immediately upon passage.
1989.
SECOND, FINAL READING and PASSAGE this
day of
Vice Mayor
ATTEST:
City~erk
(Corporate Seal)
Commissioner
mmissioner
\~eo--m~issioner