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12-019 I 1 ORDINANCE NO. 12 -019 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA AMENDING 5 CHAPTER 26. WATER, SEWERS AND CITY 6 UTILITIES, ARTICLE IV, SEWERS TO INCORPORATE 7 THE NEW REQUIREMENTS CONTAINED IN THE 8 REVISED INDUSTRIAL PRETREATMENT 9 REGULATIONS AND THEIR PROPER ENFORCEMENT 10 TO COMPLY WITH FDEP REQUIREMENTS; 11 PROVIDING FOR CONFLICTS, SEVERABILITY, 12 CODIFICATION AND AN EFFECTIVE DATE. 13 14 WHEREAS, the Utilities Department works in conjunction with the City of Delray 15 Beach and the South Central Regional Wastewater Treatment and Disposal Board to meet the 16 requirements of Chapter 62 -625, Florida Administrative Code regarding our Industrial Pre- 17 Treatment Plan; and 18 WHEREAS, a recent audit of the Plans by the Florida Department of Environmental 19 Protection identified the need to make revisions following changes to the rule in May, 2010; 20 and 21 WHEREAS, the City Commission has already approved a change to the Interlocal 22 Agreement with the City of Delray Beach and it requires moving forward with the next phase 23 by changing the City's ordinance regarding industrial pretreatment and approval of the 24 associated Enforcement Plan which will occur following second reading of the ordinance; and 25 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 26 determined that it is in the best interests of the citizens and residents of the City to amend 27 Chapter 26, clarifying certain subdivisions and bringing others into compliance. 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 1 1 2 Section 1. Each Whereas clause set forth above is true and correct and 3 incorporated herein by this reference. 4 Section 2. That Chapter 26, Article IV, Sewers, hereby amended by adding the 5 words and figures in underlined type, and by deleting the words and figures in struck - through 6 type in the manner shown in attached Exhibit "A ". 7 Section 3. Each and every other provision of Chapter 26, not herein specifically 8 amended shall remain in full force and effect as previously enacted. 9 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 10 same are hereby repealed. 11 Section 5. Should any section or provision of this ordinance or portion hereof, any 12 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 13 such decision shall not affect the remainder of this ordinance. 14 Section 6. Authority is hereby granted to codify said ordinance. 15 Section 7. This ordinance shall become effective ninety (90) days after passage. 16 FIRST READING this 7th day of November, 2012. 17 2 1 SECOND, FINAL READING AND PASSAGE this 4 day of December, 2012. 2 3 CITY BOYNTON BEAC , FLORIDA 4 5 okit; .� ��, •fi��✓ 6 Ma • ' . .k V - 7 8 9 ice Mayor — Mack McCray 10, 11 12 Co :io - 13 JIM" 14 .alsot/Pa■ 15 ommissio -r — St- en H. zman- 17 18 ommissioner — Marlene Ross 19 20 21 ATTEST: 22 23 24 25 � /� /• Ar 26 Jan: M. Prainito, MMC 27 ' y Clerk 28 29 30 31 '' E L) 32 Y� Z.: 33 34 ' , 7 `. t 3 CITY OF BOYNTON BEACH, FLORIDA, CODE OF ORDINANCES PART II CODE OF ORDINANCES CHAPTER 26 – WATER SEWERS & CITY UTILITIES ARTICLE IV. 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INDUSTRIAL AND COMMERCIAL WASTE Subdivision A. General Provisions Sec. 26-112. Purpose. The purpose of this chapter is to regulate industrial waste pretreatment facilities and discharge of industrial waste into the Wastewater Facility (WWF) operated by the South Central Regional Wastewater Treatment and Disposal Board and providing for pollutant limitations, data collection, monitoring, and sampling, and providing for penalties for the violation thereof for the following purposes: (a) To prevent the introduction of pollutants into the city's wastewater system which will interfere with the normal operation of the wastewater collection system or the wastewater treatment plant, or which will contaminate the resulting municipal sludge; (b) To prevent the introduction of pollutants into the city's wastewater collection system which do not receive adequate treatment by the WWF, and which will pass through the system into receiving waters or the atmosphere or otherwise be incompatible with the system; (c) To protect the Wastewater Facility workers and the general public; (d) To provide for fees for the equitable distribution of the costs of operation, maintenance, and improvement of the Wastewater Facility; (e) To improve the opportunity to recycle and reclaim wastewater and sludge from the system; and (f) To enable the city to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the WWF is subject. (Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99) Sec. 26-113. Policy and scope. The policy is established that the provisions of this chapter will be enforced to the fullest extent possible under the provisions of Federal Pretreatment Regulations 40 CFR Part 403 and Florida Administrative Code Rules, 62-302, 62-600, 62-604, 62-610, and 62-625 issued by the Florida Department of Environmental Protection. The standards set forth are minimum requirements to ensure the general health and welfare of the public. Except as otherwise provided herein, the city shall administer, implement, and enforce the provisions of this chapter. (Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99) 3 Sec. 26-114. Application of chapter. (a) The use of city wastewater facilities by any entity or local government shall subject that entity or local government to the application of this chapter. This shall include, but not be limited to, wholesale, retail, and large agreement users, whether inside or outside the city limits. (b) The regulations of this chapter shall apply to all users of the sewer facilities of the city whether inside or outside the city, including all other local governments such as, but not limited to, the Town of Highland Beach, the Town of Gulf Stream, and contributions from incorporated or unincorporated agencies of Palm Beach County. Furthermore, all local government users shall be required, within 60 days after enactment of this chapter and notice thereof, to enact ordinances substantially similar to this chapter and to apply and enforce the same to all users of their public and sanitary sewer systems. (Ord. No. 99-21, § 1, 8-3-99) Sec. 26-115. Abbreviations and Definitions. The following abbreviations, when used in this chapter, shall have the designated meanings: BOD Biochemical Oxygen Demand CFR Code of Federal Regulations COD Chemical Oxygen Demand DEP Department of Environmental Protection EPA United States Environmental Protection Agency FAC Florida Administrative Code FDEP Florida Department of Environmental Protection gpd gallons per day mg/l milligrams per liter NPDES National Pollutant Discharge Elimination System O&M Operation and Maintenance POTW Publicly Owned Treatment Works RCRA Resource Conservation and Recovery Act 4 SIC Standard Industrial Classification TSS Total Suspended Solids USC United States Code WWF Wastewater Facility For the purpose of this chapter, all definitions shall be applied and interpreted in accordance with Rule 62-625, F.A.C., as amended. Act and The Act. The Federal Water Pollution Control Act, also known as the Clean Water Act of 1977, as amended, 33 U.S.C. 1251, et seq. Approval authority. The Florida Department of Environmental Protection. Authorized representative of the user. (1) If the user is a corporation, a responsible corporate officer. (2) If the user is a partnership or sole proprietorship, a general partner or proprietor, respectively. (3) If the user is a federal, state, or local government facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee. (4) The individuals described in paragraphs (1) through (3), above, may designate another authorized representative if the authorization is in writing by the individual described in (1) through (3) above, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city. Best Management Practices or BMPs. Schedules of activities, prohibitions of practices, maintenance procedures and other management practices to implement the prohibitions listed in subsections 62-625.400(1)(a) and (2), F.A.C. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, industrial sludge or waste disposal, or damage from raw materials storage. Board. The South Central Regional Wastewater Treatment and Disposal Board, including, in the appropriate case, the regional treatment facilities, and all its other attendant facilities. Board (WWF). The Board of Directors of the South Central Regional Wastewater Treatment and Disposal Board. B.O.D. (Denoting Biochemical Oxygen Demand). The quantity of oxygen utilized in the 5 biochemical oxidation of organic matter under standard laboratory procedures for five days at 20° centigrade, usually expressed as a concentration (e.g., mg/l). Building sewer. Sewer conveying wastewater from the premises of a user to the collection system which transmits wastewater to the WWF. Categorical pretreatment standard or categorical standard. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 USC Section 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471. Categorical industrial users. An industrial user subject to categorical pretreatment standards under Rule 62-625.410, F.A.C., including 40 CFR Chapter I, Subchapter N, Parts 405 - 471, as of July 1, 2009, herby adopted and incorporated by reference. Chemical oxygen demand (C.O.D.). A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water. City. The City of Boynton Beach; all that land and water area included within the boundaries of the “City” in which the Commission proposes to acquire, establish, construct, extend, operate, and maintain sanitary sewerage facilities, except as follows: (1) All state and federally owned land and water area located in the city or county, except where the state and federal government consent to the provisions of this chapter. (2) All land and water area duly franchised by the city or county to privately owned sewer utility companies for the provisions of sewer service, except where the privately owned sewer utility companies consent to the provisions of this chapter. Collection system. The system of public sewers to be operated by the city and connected to the WWF facilities. Compatible pollutant. A substance amenable to treatment in the wastewater treatment plant such as biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the wastewater facility was designed to treat those pollutants, and in fact, does remove the pollutant to a substantial degree. Composite sample. A series of samples taken over a specific 24-hour time period at intervals not to exceed fifteen (15) minutes in the waste stream which are combined into one sample. Flow proportional sampling is mandated unless circumstances do not permit it, then it shall be time proportional. Samples shall be taken during effluent discharge times only. Cooling water. The water discharged from any use such as air conditioning, cooling, or refrigeration, or to which the only pollutant added is heat. Direct discharge. The discharge of treated or untreated wastewater directly to the waters of the State of Florida. 6 Director of utilities, utilities director, or director. This refers to the individual in charge of the Utilities Department for the city. Discharge. Means disposal of, deposit, place, emit, unload, release or cause or allow to be disposed of, deposited, placed, emitted, unloaded, or released. Domestic wastewater. Wastewater derived principally from dwellings, commercial buildings, institutions, and industry resulting from household or toilet waste resulting from human occupancy. It may or may not contain ground water, surface water, or stormwater. Environmental Protection Agency or EPA. The U.S. Environmental Protection Agency, or where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of that agency. Executive director. The administrative director or his authorized deputy, agent or representative of the South Central Regional Wastewater Treatment and Disposal Board. The Executive Director is the authorized administration authority of the South Central Regional Wastewater Treatment and Disposal Board. Existing source. Any source of discharge that is not a “New Source.” Garbage. The animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods. Grab sample. An individual, discrete sample collected at a specific time. A grab sample includes all sub samples or aliquots (e.g. individual containers for specific analytes or analyte groups), sample fractions (e.g. total and filtered samples) and all applicable field quality control samples (e.g. field sample duplicates or split samples) collected at the same locations within a time not exceeding 15 minutes. Grantee. Recipient of a federal grant for all or a portion of a treatment works as administered by the Environmental Protection Agency. Holding tank waste. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks. Indirect discharge or discharge. The introduction of non-domestic pollutants from any source regulated under Section 307(b), (c), or (d) of the Act, (33 U.S.C. 1317) and F.S. ch 403, into the WWF (including holding tank waste discharged into the system). Industrial or commercial waste. The liquid wastes from industrial, commercial, or institutional processes as distinct from domestic or sanitary sewage. Industrial and commercial waste discharge permit. A permit issued to control the process flows from industry, commerce, or institutions that may be discharged into the sanitary sewer system. This permit is issued in addition to any other types of permits. When issued, the permit will define the characteristics and volume of the flow and acceptance or rejection of individual waste components and/or require high strength waste surcharges. 7 Industrially classified user. An industrial or commercial user whose liquid wastes are, in part, made up of flows related to industrial or commercial activities, as distinct from an industrial or commercial user whose waste flows are primarily domestic or resulting from human occupancy. Industrial user. A source of indirect discharge and discharge of industrial and commercial waste which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Act. (33 U.S.C. 1342). Instantaneous maximum allowable discharge limit. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event. Interference. A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the WWF, its treatment processes or operations, or its sludge processes, use or disposal; and thereafter, is a cause of a violation of the NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits hereunder, or any more stringent State or local regulations: F.S. ch 403; Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act. Local Limit. Specific discharge limits developed and enforced by the Director upon industrial and commercial facilities to implement the general and specific discharge prohibitions listed in Rule 62-625.400,F.A.C. Medical waste. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. Milligrams per liter (mg/l). The number of units of minor constituents present with each one million (1,000,000) units of the major constituent of a solution or mixture. Milligrams per liter shall be considered equivalent to parts per million. Monitoring costs. Those costs incurred by the City in performing monitoring and/or sampling as prescribed by 40 CFR 403. National categorical pretreatment standard. Any federal regulation containing pollutant discharge limits promulgated by the EPA which applies to a specific category of industrial users. National Pollutant Discharge Elimination System or NPDES Permit. A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342). National prohibitive discharge standard or prohibitive discharge standard. Any regulation developed under the authority of 307(b) of the Act and 40 CFR, Section 403.5 8 Natural outlet. Any ditch, canal, stream, waterway, lake, river, pond, well, gully, or other water body. New source. (1) Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: a. The building, structure, facility, or installation is constructed at a site which no other source is located; or b. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or c. The production of wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered. (2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Section (1)(B) or (C) above but otherwise alters, replaces, or adds to existing process or production equipment. (3) Construction of a new source as defined under this paragraph has commenced if the owner or operator has: a. Begun, or caused to begin, as part of a continuous onsite construction program: (i) any replacement, assembly, or installation of facilities or equipment; or (ii) significant site preparation work including land clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the replacement, assembly, or installation of new source facilities or equipment; or b. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. Noncontact cooling water. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product. 9 Non-significant categorical industrial user.An industrial user that discharges 100 gallons per day (gpd) or less of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and: (1)Has consistently complied with all applicable categorical pretreatment standards and requirements; (2)Annually submits the certification statement required in Sec. 26-157(h) of this Chapter together with any additional information necessary to support the certification statement; and (3)Never discharges any untreated categorical process wastewater. Pass through. A discharge which exits the Treatment Works into waters of the State in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the wastewater treatment plant permit, including an increase in the magnitude or duration of a violation. Permit. A permit issued to a wastewater treatment plant in accordance with Chapter 62-620, F.A.C. Person. Any individual, partnership, co- partnership, firm, company, association, society, corporation, joint stock company, trust, estate, governmental entity, group, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local entities. Point source. The initial point of discharge into a sewer system. pH. Logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution; a measure of the acidity or alkalinity of a solution, expressed in standard units. Pollutant. Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, and agricultural wastes, and certain characteristics of wastewater (e.g. pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor). Pollution. The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water. Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing those pollutants into a WWF. The reduction or alteration can be obtained by physical, chemical, or biological processes, or process changes or 10 by other means, except as prohibited by 40 CFR Section 403.6(d)and 62-625.410(5), F.A.C.. Pretreatment requirements. Any substantive or procedural requirement for treating of a waste prior to inclusion in the WWF. Pretreatment standards. National Categorical Pretreatment Standards or alternative discharge limits, whichever is applicable. Prohibited discharge standards or prohibited discharges. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 26-142. Properly shredded garbage. The wastes from the preparation, cooking, and dispensing of food that have been shredded to a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2-inch (1.27 centimeters) in any dimension. Public sewer. A sewer in which all owners of abutting properties have equal rights, and which is controlled by public authority. Publicly Owned Treatment Works (POTW). In this case, the regional treatment plant operated by the South Central Regional Wastewater Treatment and Disposal Board, and the collection sewer system owned and operated separately by the Cities of Delray and Boynton Beach. (Also see Wastewater Facility—WWF.) Regional treatment facilities. The South Central Regional Wastewater Treatment Plant transmission and disposal facilities as operated by the South Central Regional Wastewater Treatment and Disposal Board of Palm Beach County, Florida. Replacement. Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the service life of the treatment process facilities to maintain the capacity and performance for which those facilities were designed and constructed. Responsible Corporate Officer. (1)A president, secretary, treasurer, or vice-president of the corporation in charge of a principle business function, or any other person who performs similar policy- or decision-making functions for the corporation; or (2)The manager of one or more manufacturing, production, or operating facilities, provided the manager; a.Is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations; 11 b.Is authorized to initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; c.Can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; d.Has been assigned or delegated the authority to sign documents in accordance with corporate procedures. Sanitary sewage. The household and toilet wastes resulting from human occupancy. Sanitary sewer. A sewer which carries sewage and to which storm, surface, and ground water are not intentionally admitted. Septic tank waste. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. Sewage. A combination of the water carried wastes from residences, business buildings, institutions, and industrial establishments, together with ground, surface, and stormwater that may be present. Sewage works. All facilities for collecting, pumping, treating, and disposing of wastewater including the WWF. Sewer. A pipe or conduit for carrying sewage. Shall is mandatory; May is permissive. Significant industrial user. Except as provided in paragraphs (3) and (4) below: (1) Categorical industrial users; and (2) Any other industrial user that: (a) Discharges an average of twenty-five thousand (25,000) gallons per day (gpd) or more of process wastewater to the Treatment Works (excluding domestic wastewater, noncontact cooling and boiler blowdown wastewater); 12 (b) Contributes a process waste stream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the treatment plant; or (c) Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the Treatment Works operation or for violating any pretreatment standard or requirement. (3) The City may determine that an industrial user subject to categorical pretreatment standards under Rule 62-625.410, F.A.C. including 40 CFR Chapter I, Subchapter N, Parts 405-471, is a non-significant categorical industrial user. (4)Upon a finding that a user meeting the criteria in Section (B) of this definition has no reasonable potential for adversely affecting the Treatment Works operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 62-625.500(2)(e), determine that such user should not be considered a significant industrial user. Significant non-compliance. Means that violations of this chapter by a user subject to pretreatment standards meet one or more of the following criteria: (1)Chronic violation: 66% or more of all measurements taken for the same pollutant during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instant; (2)Technical review criteria (TRC) violation: 33% or more of all measurements taken for the same pollutant during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, multiplied by the applicable TRC. (TRC equals 1.4 for BOD, TSS and Oil and Grease; and 1.2 for all other pollutants except pH); (3) Any other violation of a pretreatment standard or requirement (daily maximum, long-term average, instantaneous limit, or narrative standard) that the City determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of city or wastewater treatment plant personnel or the general public); (4) A discharge that caused imminent endangerment to human health, welfare or to the environment and resulted in the city exercising its emergency authority, (5) Failure to meet a compliance schedule milestone date within 90 days or more after the scheduled date contained in a control mechanism or enforcement order for starting construction, completing construction or attaining final compliance; (6) Failure to submit a required report within forty-five (45) days of its due date; 13 (7) Failure to accurately report non-compliance; or (8) Any other violation or group of violations, including a violation of best management practices, which the Director determines may cause interference or pass through or will adversely affect implementation of the city’s pretreatment program. Significant violation. A violation that remains uncorrected 45 days after notification of non- compliance; which is part of a pattern of non-compliance over a 12-month period; which involves a failure to accurately report non-compliance; or which resulted in the WWF exercising its emergency authority under Section 403.8 (F)(1)(vi)(B) of the Act. Slug load or slug discharge. Any discharge of non-routine, episodic nature, which has reasonable potential to cause interference or pass through, or in any other way violate the treatment works regulations, local limits or permit conditions. Standard industrial classification (SIC). Classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, as amended. State. State of Florida. Storm drain or storm sewer. A sewer that carries stormwater and surface water, street wash, and other wash waters or drainage, but excludes domestic wastewater and industrial and commercial waste. Stormwater. Any flow occurring during or following any form of natural precipitation and resulting therefrom. Superintendent. The person designated by the WWF to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this chapter, or his or her duly authorized representative. Surcharge. An extra charge levied to a user for treatment of compatible wastewaters that contain substances in excess of specified maximum allowable limits. Suspended solids. Solids that are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering. Toxic pollutant. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CWA 307(a) or other acts. Treatment plant. That portion of regional treatment facilities designed to provide treatment to wastewater and is operated by the South Central Regional Wastewater Treatment and Disposal Board. Treatment works. The wastewater treatment plant, interceptors, force mains, lift stations, and 14 collection systems. User. Any person who contributes, causes, or permits the contribution of wastewater into the WWF. User charge or user fee. A charge levied on the users of the treatment process facilities for the cost of operation and maintenance of those facilities and other equitable and necessary charges. Wastewater. The liquid and water carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated, which is contributed into or permitted to enter the WWF. Wastewater facility (WWF). Any or all of the following: the collection/transmission system, the treatment plant, and the reuse or disposal system. Wastewater treatment plant. Any arrangement of devices and structures used for treating wastewater, such as the WWF. Watercourse. A channel in which a flow of water occurs, either continuously or intermittently. (Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99; Ord. 10-002, § 2, 1-19-10) Sec. 26-116. Compliance with provisions or more stringent regulations. (a) The use of public sanitary sewers shall be as outlined in this chapter or through other regulations as may be promulgated by the city or the WWF under the authority of this chapter. (b) No statement contained in this chapter shall be construed to interfere with any additional requirements that may be imposed by health agencies. (Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99) Sec. 26-117. Disposal of sewage other than through regional facilities. (a) The disposal of sewage by means other than use of the available regional wastewater facilities shall be in accordance with city, county, state, and federal law. (b) The disposal of sewage to the WWF shall be as outlined in this chapter and shall be subject to standards which meet or exceed the city industrial and commercial waste ordinance requirements as they shall exist from time-to-time. (Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99) 15 Sec. 26-118. Right to refuse waste upon noncompliance. The city shall have the right to refuse waste from any user where wastewater does not comply with this chapter. (Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99) Sec. 26-119. Depositing objectionable wastes on public and private property. It shall be unlawful for any person to place, deposit, or permit to be deposited, in any unsanitary manner on public or private property within the city, or in any area under the jurisdiction of the city, any human excrement, garbage, or other objectionable waste. (Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177 Sec. 26-120. Discharging into natural outlets. It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. (Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177 Sec. 26-121. Privies, septic tanks, and other facilities. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. (Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177 Sec. 26-122. Suitable toilet facilities. The owners of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes situated within the city and abutting on any street, alley, or right-of- way in which there is now located or may in the future be located a public sanitary sewer of the city are required, at their expense, to install suitable toilet facilities therein, and to connect those facilities directly with the proper public sewer, in accordance with applicable state and county regulations, within 90 days after date of official notice to do so. (Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177 16 Sec. 26-123. Discharge prohibited in storm sewer system. Under no condition shall the discharge of domestic, sanitary, industrial, or commercial waste be permitted into the storm sewer system. (Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177 Sec. 26-124. Damaging or tampering with sewage works. No person shall break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the sewage works. (Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177 Subdivision B. Private Sewage Disposal System Sec. 26-125. Connecting building sewer to private sewage disposal system. Where a public, sanitary, or combined sewer is not available under the provisions of Section 26-122, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this subchapter. (Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99) Sec. 26-126. Written permit to be obtained, application, inspection fee. Before the commencement of construction of a private sewage disposal system, the owner shall obtain a written permit signed by the authorized city official. The application for the permit shall be made on a form furnished by the city which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the authorized city official. A permit and inspection fee of $50 shall be paid to the city at the time the applicationis filed. (Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177 Sec. 26-127. County to inspect installations. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the county. The county shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the permit shall notify the county when the work is ready for final inspection and before any underground portions are covered. (Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99) 17 Sec. 26-128. Compliance with state department of environmental protection and other current regulations. The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the State Department of Environmental Protection. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities unless it conforms to all current regulations. No septic tanks or cesspool shall be permitted to discharge to any natural outlet. (Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177 Sec. 26-129. Connecting private sewage disposal system to public sewer. At a time when a public sewer becomes available to a property served by a private sewage disposal system, as provided herein, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material. (Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Sec. 26-130. Maintenance of private sewage disposal facilities. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city. (Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177 18 Subdivision C. Installations and Connections Sec. 26-131. Written permit required for use of public sewer; application; fee. (a) No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city. (b) The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the city. A permit and inspection fee shall be paid to the city at the time the application is filed. The permit fee for those establishments discharging industrial wastewater is further explained in this chapter. (Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177 Sec. 26-132. Costs and expense of installation and connection of building sewer; indemnification. All costs and expense incidental to the installation and connection of the building sewer shall be borne by the owner or user. The owner and user shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Sec. 26-133. Separate building sewer provided for every building. A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. (Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177 Sec. 26-134. Use of old building sewers with new buildings. Old building sewers may be used in connection with new buildings only when they are found, on examination and tested by the Building Official, to meet all requirements of this chapter. (Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) 19 Sec. 26-135. Building sewer specifications. (a) The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, joining, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the city. In the absence of code provisions, or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WEF Manual of Practice No. 9, as same may be amended from time-to-time, shall apply. (b) All connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Building Department before installation. (Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Sec. 26-136. Gravity flow of building drain to public sewer. Whenever possible, the building sewer shall be brought to the building at any elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by that building drain shall be lifted by an approved means and discharged to the building sewer. (Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Sec. 26-137. Surface runoff or groundwater. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or any other connected appurtenances, or other sources of surface runoff or groundwater to a building sewer or building drain which, in turn, is connected directly or indirectly to a public sanitary sewer. (Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177 Sec. 26-138. Inspection of connection to public sewer. The applicant for the building sewer permit shall notify the city when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the city officials or city representatives. (Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) 20 Sec. 26-139. Barricades and lights around sewer excavations. All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city. (Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177 Subdivision D. Use of Public Sewers Sec. 26-140. Wastes discharged into sanitary sewers to meet criteria. All waste discharged to public sanitary sewers, which in turn discharge to the regional treatment facilities (WWF), shall meet or exceed the following criteria of this subchapter. (Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Sec. 26-141. Discharge of stormwater and other unpolluted drainage. (a) No person shall discharge or cause to be discharged any stormwater, surface water, ground water, uncontaminated cooling water or unpolluted industrial process waters to the sanitary sewer. (b) Stormwater and all other unpolluted drainage shall be discharged to those sewers as are specifically designated as storm sewers, or to a natural outlet approved by the proper city or county official. Industrial cooling water or unpolluted process waters may be discharged on approval of the Utilities Director to a storm sewer or natural outlet. (Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177 Sec. 26-142. Prohibited discharges to sewers. No person shall discharge or cause to be discharged any pollutant which causes pass through, interference, or the below described materials, waters, or wastes (collectively, the substances) if it appears likely that acceptance of those wastes can harm the wastewater treatment process or equipment, the public sewers, the sanitary sewer systems, or have an adverse effect on the receiving water body, or can otherwise endanger life, limb, public property, or constitute a nuisance. The decision shall be based on those factors as the quantities subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the wastewater treatment process, capacity of the wastewater treatment plant, degree of treatability of waste in the wastewater treatment plant, and other pertinent factors. The substances restricted are: 21 (a) Flammable or explosive liquids, solids, or gases, including, but not limited to, gasoline, oo benzene, naptha, fuel oil, or other materials with a closed-cup flashpoint of less than 140 F. (60 C.) using the test methods specified in 40 CFR 261.21. (b) Pollutants having a pH of less than 5.5, or greater than 9.5, or otherwise causing corrosive damage to the WWF or its equipment or personnel. (c) Pollutants, including oxygen-demanding pollutants (BOD, etc.) released at a flow rate and/or concentration which, either singly or by interaction with other pollutants, will cause interference with the WWF. o (d) Any liquid having a temperature higher than 150 F. or causing the wastewater o treatment plant influent to exceed 104 F. (e) Any water or waste containing petroleum oils, mineral oils, or non-biodegradable cutting oils in amounts that will cause interference or pass through, or any fats, wax, grease, or other oils, whether emulsified or not, in excess of 100 milligrams per liter or containing ooo substances which may solidify or become viscous at temperatures between 32 F. and 150F. (O o C. and 60 C.). (f) Pollutants which result in the presence of toxic gases, vapors, or fumes within the WWF in quantities that may cause acute worker health or safety problems. (g) Any trucked or hauled wastes, except at discharge points designated by the Director. Industrial waste haulers may discharge loads only at locations designated by the Director. No load may be discharged without prior consent of the Director.The Director may collect samples of each hauled load to ensure compliance with applicable standards. The Director may require the industrial waste hauler to provide a waste analysis of any load prior to discharge. (h) Any water or wastes containing toxic or poisonous or pathogenic solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a public nuisance or an acute health or safety hazard, interfere with the ability to repair or maintain the WWF, or create any hazard in the receiving waters of the wastewater treatment plant. (i) Solid or viscous substances in quantities or of a size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes, cups, milk containers, and the like, either whole or ground by garbage grinders. Penalties, see Sec. 26-177 (j) Wastes which impart color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consistently impart color to the treatment plant's effluent. (k) Wastewater containing any radioactive wastes or isotopes except in compliance with 22 applicable State or Federal regulations. (l) Sludges, screenings, or other residues from the pretreatment of industrial wastes. (m) Medical wastes, except as specifically authorized by the Director. (n) Wastes causing, either alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test. (o) Detergents, surface active agents, or other substances which may cause excessive foaming in the WWF. (p) Any waters or wastes containing strong acid, iron, pickling wastes, or concentrated plating solutions whether neutralized or not. (q) Any waters or wastes containing phenols or other taste or odor producing substances, in a concentration exceeding limits which may be established by the POTW as necessary after treatment of the composite sewage to meet the requirements of the state, federal, or other public agencies of jurisdiction for that discharge to the receiving waters. (r) Any garbage that has not been properly shredded, which shall mean particles in size no greater than 1/2 inches measured in any dimension. (s) Any waste containing restricted substances in quantities in excess of the City’s local limits, measured at the point of discharge into any sewer system, as adopted by the South Central Regional Wastewater Treatment and Disposal Board and contained in the Interlocal Agreement entered into between the City of Boynton Beach and the City of Delray Beach. Such local limits are incorporated herein by reference. The City may also develop best management practices (BMPs) to implement local limits. Such BMPs shall be considered local limits and pretreatment standards for the purpose of this Article. (t) Any waste from sodium-cycle action exchange (water softening) units from industrial or commercial users where the chloride content exceeds 645 milligrams per liter. (u) Any water or waste with a chlorine demand greater than 15 milligrams per liter. (v) Any radioactive wastes or isotopes or half- life or concentration as may exceed limits established by the POTW in compliance with applicable state or federal regulations. (w) Volume of flow or concentration of wastes constituting a slug discharge as defined in Section 26-115. (x) Any waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to that degree that the wastewater treatment plant effluent cannot meet the requirement of other agencies having jurisdiction over discharge to the receiving waters. 23 (y) Any waters or wastes containing suspended solids in excess of 400 milligrams per liter unless the user is approved by the city and provided further that the user complies with the requirements of the city’s high strength sewer surcharge system. o (z) Any waters or wastes with a five-day, 20 C. B.O.D. greater than 400 milligrams per liter unless the user is approved by the city and provided further that the user complies with the requirements of the city’s high strength sewer surcharge system. (aa) Any waters or wastes containing chemical oxygen demand (COD) greater than 800 mg/L unless the user is approved by the city and provided further that the user complies with the requirements of the city’s high strength sewer surcharge system. Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the WWF. Except where expressly authorized by an applicable pretreatment standard or requirement, no user shall ever increase the use of process water, or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a pretreatment standard or requirement. The City may impose mass limitations on users that are using dilution to meet applicable pretreatment standards or requirements. (Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Sec. 26-143. Reserved. (Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 01-58, § 2, 12-4-01; Ord. 10-002, § 2, 1-19-10) Penalty, see Sec. 26-177 Sec. 26-144. Pretreatment, equalization of waste flows. (a) If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 26-142, and which, in the judgment of the Utilities Director, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Utility Director may: (1) Reject the wastes. (2) Require pretreatment to an acceptable condition for discharge to the public sewers. (3) Require control over the quantities and rates of discharge. (4) Require payment to cover the added cost of handling and treating the wastes not covered by existing fees or sewer charges as contained in the strength charge system. 24 (b) If the WWF permits the pretreatment or equalization of waste flows, the plans for the design and installation of the equipment shall be subject to the review and approval of the WWF and the city and subject to the requirements of applicable codes, ordinances, laws, and compliance schedules as established by the city. In addition, any major contributing industry as defined by 40 CFR 403 shall comply with 40 CFR 403.12 and any other regulation as shall from time-to-time be established by EPA or other appropriate regulating governmental agency. (Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99) Sec. 26-145. Interceptors. Grease, oil, hair, lint and sand interceptors are to be provided when, in the opinion of the Utilities Director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand, or other harmful ingredients; except that those interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the city and shall be so located as to be readily and easily accessible for cleaning and inspection. (Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177 Sec. 26-146. Maintaining flow-equalizing facilities and/or interceptors for preliminary treatment. Where preliminary treatment or flow equalizing facilities and/or interceptors are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the user at his or her expense. Use of solvents and/or detergents and/or soaps, and/or degreasers is restricted to those levels which do not interfere with the proper functioning of the interceptors. Interceptors like, but not limited to, grease traps, lint traps, or grit traps must have a watertight closure for their inspection covers. The covers themselves must be of a type to conform with the plumbing codes of the city’s Building Department. (Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177 Sec. 26-147. Admission of industrial and commercial waste. All users of the public sewers or sanitary sewers shall recognize and comply with the following: (a) The economy and desirability of the combined treatment of industrial and commercial wastes and sanitary sewage is recognized. However, not all types and quantities of industrial and commercial wastes can be so treated. It shall be the policy to admit the types and quantities of industrial and commercial wastes that are not harmful or damaging to the structures, processes, or operation of the sewage works or are not specifically prohibited. In all cases, a special permit will be issued which will state specific conditions and requirements to be maintained. It is also 25 recognized that to provide this service, additional facilities or treatment are required, and the cost of that must be borne by the user receiving the benefits. (b) (1) Approval in advance by the city is required for the anticipated admission of industrial or commercial wastes into the public sewers having: o a. A five-day, 20 C. B.O.D. greater than 220 milligrams per liter, or chemical oxygen demand (COD) greater than 440 milligrams per liter. b. A suspended solids content greater than 175 milligrams per liter. c. An oil/grease content greater than 100 milligrams per liter. . (2) The user shall provide chemical analyses of the discharge according to a schedule to be established by the WWF and continued discharge shall be subject to approval of the city. (c) Samples shall be collected so as to be a representative sample of the actual quality of the wastes. Samples for analysis may be collected by the user or his or her representative. Analysis shall be made by a registered sanitary engineer or graduate chemist whose qualifications are acceptable to the city or a wastewater treatment plant operator licensed and registered in the state, or a water testing laboratory certified by the state, using the laboratory methods for the examination of wastewater as set forth in 40 CFR 136, Chapter 62-160, F.A.C., and Chapter 62-625.600, FAC (also see 26-158). (d) When required by the Utilities Director, any establishment discharging industrial or commercial wastes into the sewer system shall construct and maintain at its sole expense a suitable control manhole or other suitable control station downstream from any treatment, storage, or other approved works to facilitate observation, measurement, and sampling of all wastes including all domestic sewage from the establishment. The location and methods of construction of the control station shall be approved by the Utilities Director. The control station shall be maintained by the establishment so as to be safe and accessible at all times. If any establishment wishes to meter its waste discharge into the sewer system to verify in- product water retention or other uses of metered flow, they may, at their sole expense, install a flow- metering device as approved by the Utilities Director. The control station shall be accessible to city personnel at all times for sampling. All authorized WWF or city employees shall be permitted, upon suitable notice to the user, to enter upon all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with provisions of this chapter. When required, construction of those facilities shall be completed within 90 days following written notification by the city. (Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99; Ord. 10-002, § 2, 1-19-10) Penalty, see Sec. 26-177 Subdivision E. National Categorical Pretreatment Standards 26 Sec. 26-148. Compliance. (a) Industrial users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all national categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations and as required by the city. Industrial users with integrated facilities shall comply with any alternative discharge limits as set by the city. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated, and maintained solely at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review at the request of the city. The review of those plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to the city prior to the user's initiation of the changes. (b) The categorical pretreatment standards found at 40 CFR Chapter 1, Subchapter N, Parts 405-471 are hereby incorporated. (1) Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Director may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(C) and Rule 62-625.410(4), FAC. (2) When wastewater subject to a categorical pretreatment standard is mixed wastewater not regulated by the same standard, the Director shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6(E) and Rule 62-625.410(6), FAC. (3)A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13 and Rule 62-625.700, FAC, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard. (4)When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the Director may convert the limits to equivalent limitations expressed either as mass of pollutant discharges per day or effluent concentration for purposes of calculating effluent limitations applicable to Individual Industrial Users, in accordance with 62-625.401(4), F.A.C. (5) A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15 and Rule 62-625.820, FAC. (c) Dilution. No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Director may impose mass limitations on users who are using 27 dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. (d) All records relating to compliance with pretreatment standards shall be available to officials of the city, the WWF, EPA, or FDEP upon request. (Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177 Sec. 26-149. Application of more stringent requirements; city shall notify affected users. Upon the promulgation of the national categorical pretreatment standards or alternative discharge limits for a particular industrial subcategory, the pretreatment standard, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter and shall be considered part of this chapter. After the city receives notice, the city shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12. (Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) 28 Sec. 26-150. City's right of revision. The city reserves the right to establish by further ordinance or regulation more stringent limitations or requirements on discharges to the sewage works if deemed necessary to comply with the objectives presented in this chapter. (Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Sec. 26-151. Excessive discharge. All users are prohibited from increasing the use of process water or, in any way, attempting to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the national categorical pretreatment standards, alternative discharge limits, or in any other pollutant-specific limitation developed by the city or state. (Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177 Sec. 26-152. Prevention of accidental and slug discharges. (a) A user shall provide protection from accidental discharge of restricted and prohibited materials or other substances required by this chapter. Facilities to prevent accidental discharge of prohibited and restricted materials shall be provided and maintained at the owner's expense. (b) Prevention of accidental discharges requires, but is not limited to, providing secondary containment for storage of potentially hazardous and/or regulated materials. The containment requirements are those specified in, but not limited to, 40 CFR 264.170 through 176 and the Palm Beach County Wellfield Protection Ordinance 88-7 Section 5.01 through 5.04. Containment requirements must meet or exceed the following criteria of this subchapter: (1) Containment Volume to be provided shall be in accordance with the regulations and ordinances listed and shall meet or exceed the largest of the volume requirements found in those regulations and ordinances. (2) Storage Sheltering. All outdoor storage shall be sheltered from rainfall, or a suitable means of removing rainwater from secondary containment areas shall be provided. (3) Conditions of the Stored Vessel. All stored containers shall be maintained in sound condition; no rust, corrosion, or other signs of deterioration of the primary containment wall shall be permitted. All stored containers shall be closed and sealed during storage. (4) Segregation of Chemically Reactive Contents. Materials which are potentially reactive with each other shall not be stored in the same containment area, unless physical barrier separations are provided within the common area. 29 (5) Stand-by Materials/Equipment. Absorbents and pumps for pumping out spills shall be available when needed. (6) Design of Containment Floor/Base. The floor or base of the containment area on which the stored vessels rest shall either be sloped or raised or provided with a drain faucet to prevent or minimize contact between the storage container wall and spilled content. (7) Materials of Construction for Containment. The walls, sidings, and floor or base of the containment area shall be constructed of materials which are chemically inert with the stored materials and which render the provided containment volume leak proof. (c) On the request of the city, the user shall be required to submit detailed plans showing facilities and operating procedures to provide this protection. All required users shall complete this plan within ninety (90) days after notification by the city. If further required by the city, a user who commences contribution to the public sewers after the effective date of this chapter shall not be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the city. Review and approval of those plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements. (d) The City shall evaluate, at least once every two years, whether each significant industrial user needs a plant to control slug discharges. New significant industrial users must be evaluated within 1 year of being designated a significant industrial user. Significant industrial users are required to notify the City immediately of any changes at its facility affecting the potential for a slug discharge. If the City decides that a slug control plan is needed, the plan shall be prepared in accordance with the requirements of Rule 62-625.500(2)(b)(6), F.A.C. (e) In the case of an accidental discharge, including slug discharges and prohibited discharges, it is the responsibility of the user to immediately notify by telephone, the Utilities Director, the Executive Director of the WWF, and the WWF. The notification shall include location of discharge, type of waste, concentration and volume, and correction actions. (Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177 Sec. 26-153. Written report required describing cause of discharge. Within five (5) days following an accidental discharge, the user shall submit to the WWF and the city a written report describing the cause of the discharge and the measures to be taken to prevent similar future occurrences. The notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the public/sanitary sewer system, the sanitary sewer system, the WWF, fish kills, or any other damage to person or property; nor shall the notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this chapter or other applicable law. (Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177 30 Sec. 26-154. Notice to employees in event of dangerous discharge; emergency notification procedure. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees of whom to call, in the event of a dangerous discharge. Furthermore, all employers shall ensure that all employees who may cause a dangerous discharge to occur are advised of the emergency notification procedure. (Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177 Sec. 26-155. Notification of the discharge of hazardous waste. (a) Any industrial user who commences the discharge of hazardous waste shall notify the Director of Utilities, the Executive Director of the WWF, the EPA Regional Waste Management Division Director, , the State hazardous waste authorities, and the State’s pretreatment authorities in writing of any discharge into the City Sewer System of a substance which is a listed or characteristic hazardous waste under Section 3001 of RCRA or 40 CFR part 261, or Chapter 62- 730, F.A.C. Such notification must include a description of any such wastes discharged, the name of the hazardous waste as set forth in 40 CFR part 261, the EPA hazardous waste number, , and the type of discharge (continuous, batch, or other. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. This requirement shall not apply to pollutants already reported under the self-monitory requirements. Notification is required no later than thirty (30) days after the discharge of the listed or characteristic hazardous waste. If the industrial user discharges more than 100 kilograms of such waste per calendar month to the WWF, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: (1)An identification of the hazardous constituents contained in the waste, (2)An estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and (3)An estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. (b) Dischargers are exempt from the requirements of paragraph (a) above during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR Part 261.30(d) and 261.33(e) or Chapter 62-730, F.A.C.. Discharge of more than 15 kilograms of non-acute hazardous waste in a calendar month, or any quantity of acute hazardous waste, requires a one-time notification. Subsequent months during which the industrial user discharges more than 15 kilograms of hazardous waste do not require additional notification, except for the acute hazardous wastes specified in 40 CFR 261.30(d) and 261.33(e) or Chapter 62-730, F.A.C. (c) In the case of new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the 31 industrial user must notify the Utilities Director, the Executive Director of the WWF, the EPA Regional Waste Management Division Director, and the State hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations, except for the exemption in paragraph (b) of this section. (d) In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of wastes generated to the degree it has determined to be economically practicable and that it has selected the method of treatment, storage, or disposal currently available which minimizes the present and future threat to human health and the environment. (Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177 Subdivision F. Reporting, Inspections, and Monitoring Sec. 26-156. Compliance reporting requirements. (1)Baseline Report. Within ninety (90) days after the effective date of a pretreatment standard, existing industrial users currently discharging to, or schedule to discharge to the Treatment Works shall submit to the Director a baseline report that meets the requirements of Rule 62-625.600(1), F.A.C. At least ninety (90) days prior to commencement of discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable pretreatment standard, shall submit to the Director a baseline report that meets the requirements of Rule 62-625.600(1), F.A.C. New sources shall include in this report information on the method of pretreatment it intends to use to meet applicable pretreatment standards. (2)Compliance Schedule and Progress Reports. If additional pretreatment of O&M will be required to meet the pretreatment standards, the industrial user shall provide such additional pretreatment or O&M as specified in a compliance schedule. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The compliance schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable pretreatment standard (e.g. hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction). No increment of progress shall exceed nine (9) months. Within fourteen (14) days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the Director including, at a minimum, whether or not it complied with the increment of progress to be met on such date, and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established.Compliance schedule reports shall meet the requirements in Rule 62-625.600(2), F.A.C. In no event shall more than nine (9) months elapse between such progress reports to the Director. (c) Final Compliance Report.Within thirty (30) days following the date for final 32 compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the public/sanitary sewer system, the user shall submit to the Utilities Director, a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by those pretreatment standards or requirements. The report shall meet the requirements of Rule 62-625.600(3). The report shall state whether the applicable pretreatment standards and requirements are being met on a consistent basis and, if not, what additional pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user. (Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Sec. 26-157. Other reporting requirements. (a)Periodic Compliance Report.Each significant user and/or permittee, except non- significant categorical industrial users, shall submit to the city during the months of June and December, unless required more frequently in the pretreatment standard or by the city, a report indicating the nature and concentration of pollutants in the effluent which are limited by those pretreatment standards or this chapter. The reports must be based on sampling and analysis performed in the period covered by the report. Periodic compliance reports shall meet the requirements of Rule 62-625.600(4) and (7), F.A.C. If an industrial user monitors any regulated pollutant at the appropriate monitoring location more frequently than required by the City, the results of this monitoring shall be included in the report. In addition, this report shall include a record of daily water consumption which, during the reporting period, exceeded the average daily water consumption reported in the submission information. At the discretion of the city and in consideration of those factors as local high or low flow rates, holidays, budget cycles, and the like, the city may agree to alter the months during which the above reports are to be submitted. The City may also reduce the reporting requirements to a frequency no less than once a year, unless required more frequently in the pretreatment standard or by FDEP, if the industrial user meets the requirements of Rule 62-625.600(4)(d), F.A.C. The user shall be responsible to quantify that fraction of daily water consumption designated for discharge to the sanitary sewer, if different from the total water consumption. In cases where the pretreatment standard requires compliance with best management practice (BMP) or pollution prevention alternative, the industrial user shall submit documentation required by the City or the pretreatment standard necessary to determine the compliance status of the industrial user. The City may authorize an industrial user to waive sampling of a regulated pollutant if the industrial user provides a certification statement and demonstrates compliance with Rule 62-625.600(4)(b) and (c), F.A.C. (b)Reports of Changed Conditions. Each user must notify the Director and the Executive Director of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least 30 days before the change. (1) The Director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission under Section 26-161. 33 (2) The Director may issue a wastewater discharge permit under Section 26-160 or modify an existing wastewater discharge permit under Section 26-160 in response to changed conditions or anticipated changed conditions. (3) For purpose of this requirement, significant changes include, but are not limited to, flow 20% percent or greater, and the discharge of any previously unreported pollutants. (c) Reports of Potential Problems. (1) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, a slug discharge, or prohibited discharge, that may cause potential problems for the WWF, the user shall immediately telephone and notify the of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user. (2) Within five (5) days following such discharge, the user shall, unless waived in writing by the Director, submit a detailed written report describing the cause(s) of the discharge and the measures to taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter. (3) A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in a paragraph (A), above. Employee shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure. (d) Report from Unpermitted Users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Director as required. (e) Timing. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern. (f) Signatory Requirements. Signatory requirements for all industrial user reports shall be as stated under Sec. 26-161 (e) of this Chapter. (g) Notice of Violation / Repeat Sampling and Reporting. If sampling performed by a user indicates a violation, the user must notify the Director within twenty-four (24) hours of becoming aware of the violation. The user shall repeat the sampling and analysis and submit the results of the repeat analysis to the Director within thirty (30) days after becoming aware of the violation. If the Director has performed the sampling and analysis in lieu of the industrial user, the Director must perform the repeat sampling and analysis unless the user is notified of the violation and the Director requires the user to perform the repeat analysis. The user is not required to resample if the Director monitors at the user's facility at least once a month, or if the 34 Director samples between the user's initial sampling and when the user receives the results of this sampling. (h) Annual Certification by Non-Significant Categorical Industrial Users. An industrial user determined to be a non-significant categorical industrial user as defined in Sec. 26-115 of this Chapter, must annually submit the following certification statement, signed in accordance with the signatory requirements of Paragraph (f) above. The certification must accompany any alternative report required by the City: “Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR [specify applicable national pretreatment standard part(s)], I certify that, to the best of my knowledge and belief that during the period from [month, day, year] to [month, day, year]: (1) The facility described as [industrial user name] met the definition of a non-significant categorical industrial user as defined in the City’s Ordinance, Sec. 26-115; (2) The facility complied with all applicable pretreatment standards and requirements during this reporting period; and (3) The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period. This compliance certification is based upon the following information: [documentation of basis to continue exemption]. (Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Sec. 26-158. Inspection and sampling. (a)The city, through its employees, is authorized to inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination, records copying, or in the performance of their duties. The city, WWF, state DEP, and EPA shall have the right to set up on the user's property those devices as are necessary to conduct sampling inspection, compliance monitoring, or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the city, WWF, DEP, and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities (also see Section 26-168). Penalty, see Sec. 26-177. (b)Analytical Requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the requirements of 40 CFR Part 136, Chapter 62-160, 35 F.A.C., and Rule 62-625.600(6)(d) and (e), unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain appropriate sampling or analytical techniques for the pollutant in question, the laboratory, with approval of the industrial user, the City and FDEP, shall identify and propose a method for use in accordance with Rules 62-160.300 and 62-160330, F.A.C. (c)Sample Collection. Except as indicated in subsection (1) below, the user must collect wastewater samples using 24-hour flow proportional composite collection techniques. In the event flow proportional sampling is not feasible, the Director may authorize, in writing, the use of time proportional sampling or a minimum of four (4) samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits. The City shall require the number of grab samples necessary to assess and assure compliance by industrial users with the applicable pretreatment standards and requirements. Sample collection shall meet the requirements of Rule 62-625.600(6)(c)-(f), F.A.C. (1) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab sample techniques. (2) All samples shall be representative of daily operations. Both daily maximum and average concentration (or mass, where required) shall be reported. In cases where the pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the industrial user shall submit documentation as required by the City or the applicable standards to determine compliance with the standard. (3) Samples shall be taken immediately downstream from pretreatment facilities, if such exist, or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the industrial user shall measure flows and concentrations necessary to allow use of the combined waste stream formula of Rule 62-625.410(6), F.A.C., in order to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with Rule 62-625.410(6), F.A.C., this adjusted limit, along with supporting data, shall be submitted to the City. (Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Sec. 26-159. Information and data to be made available. (a) Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs, and from inspections shall be available to the public or other governmental agency in accordance with applicable state statutes or federal law. All reports submitted to the city shall be signed by an authorized representative and contain the certification statement found in Section 26-161(e) of this Chapter. 36 (b) Information and data obtained from reports, surveys, permit applications, permits, monitoring requirements, and inspection and sampling activities shall be made available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Director, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable State law. Any such request must be asserted at the time of submission of the information or data. (c) When requested and demonstrated by the user furnishing that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other “effluent data” as defined by 40 CFR 2.302 will not be recognized as confidential information and will be made available to the public without restriction. A copy of the procedure for handling confidential information will be kept on file at the WWF. (Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Subdivision G. Waste Discharge Permits Sec. 26-160. Special permit required; term. A special permit will be required for each Significant Industrial User, and all other Industrial Users identified as having other than domestic wastes or waste from sanitary conveniences at the discretion of the Utilities Director. The fixed life of a permit is set up to five years from date of issue, and a renewed waste discharge permit will have a fixed life of up to five years. These permits may involve the implementation of a formula for surcharge for wastes which exceed the sewage parameters for strength as set forth in Sections 26-162 through 26-165. Penalties, see Sec. 26-177 (a) Wastewater Analysis. When requested by the Director, a user must submit information on the nature and characteristics of its wastewater within sixty (60) days of the request. The Director is authorized to prepare a form for this purpose and may periodically require users to update this information. (b) Wastewater Discharge Permit Requirement. (1) No significant industrial user shall discharge wastewater into the WWF without first obtaining a wastewater discharge permit from the Director, except that a significant industrial user that has filed a timely application pursuant to section (c) of this section may continue to discharge for the time period specified therein. (2) The Director may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter. 37 (3) Any violation of the terms and conditions of a waste water discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in Section 26-177. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local law. (c) Wastewater Discharge Permitting: Existing Connections. Any user required to obtain a wastewater discharge permit who was discharging waste water into the WWF prior to the effective date of this ordinance and who wishes to continue such discharges in the future, shall, within thirty (30) days after said date, apply to the Director for a wastewater discharge permit in accordance with Section 26-161, and shall not cause or allow discharges to the WWF to continue after thirty (30) days the effective date of this ordinance except in accordance with a wastewater discharge permit issued by the Director. (d) Wastewater Discharge Permitting: New Connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the WWF must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with Section 26-161, must be filed at least ninety (90) days prior to the date upon which any discharge will begin or recommence. (e) Wastewater Discharge Permit Duration. A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Director. Each wastewater discharge permit will indicate a specific date upon which it will expire. (f) Wastewater Discharge Permit Contents. A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Director to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect against damage to the WWF. Wastewater discharge permits must contain: (1) A statement that indicates wastewater discharge permit duration, which in no event shall exceed (5) five years. (2) A statement that the wastewater discharge permit is nontransferable without prior notification to the City of Boynton Beach in accordance with paragraph (h) of this section, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit; (3) Effluent limits, including best management practices, based on applicable pretreatment standards; (4) Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law; (5) Process for seeking a waiver for a pollutant neither present nor expected to be present in the 38 discharge in accordance with Rule 62-625.600(4)(b), F.A.C., or a specific waived pollutant in the case of an individual control mechanism; (6) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law. (7) Requirements to control slug discharges, if determined by the City to be necessary. Wastewater discharge permits may contain, but need not be limited to, the following conditions: (8) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization; (9) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works; (10) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges; (11) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the WWF; (12) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the WWF, (13) Requirements for installation and maintenance of inspection and sampling facilities and equipment; (14) A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and (15) Other conditions as deemed appropriate by the Director to ensure compliance with the ordinance, and State and Federal laws, rules, and regulations. (g) Wastewater discharge permit modification. The Director may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons: (1) To incorporate any new or revised Federal, State, or Local pretreatment standards or requirements. (2) To address significant alterations or additions to the user's operation, process, or 39 wastewater volume or character since the time of wastewater discharge permit issuance; (3) A change in the WWF that requires either a temporary or permanent reduction or elimination of the authorized discharge; (4) Information indicating that the permitted discharge poses a threat to the City of Boynton Beach WWF, City personnel, or the receiving waters; (5) Violation of any terms or conditions of the wastewater discharge permit; (6) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting; (7) Revisions of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13; (8) To correct typographical or others errors in the wastewater discharge permit; or (9) To reflect a transfer of the facility ownership to a new owner or operator. (h) Wastewater discharge permit transfer. Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least thirty (30) days advance notice to the Director and the Director approves the wastewater discharge permit transfer. The notice to the Director must include a written certification by the new owner or operator which: (1) States that the new owner and /or operator has no immediate intent to change the facility's operations and processes; (2) Identifies the specific dates on which the transfer is to occur; and (3) Acknowledges full responsibility for complying with the existing wastewater discharge permit. Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer. (i) Wastewater discharge permit reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 26-161, a minimum of thirty (30) days prior to the expiration of the user's existing wastewater discharge permit. (j) Permit Revocation. The City may revoke an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons: 40 (1)A failure to notify the Director of significant changes to the wastewater prior to the changed discharge; (2)Failure to provide prior notification to the Director of changed conditions pursuant to Section 26-157 (b) of this ordinance; (3)Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application; (4)Falsifying self-monitoring reports and certification statements; (5)Tampering with monitoring equipment; (6)Refusing to allow the Director, or authorized personnel, timely access to the facility premises and records; (7)Failure to meet effluent limitations; (8)Failure to pay fines; (9)Failure to pay sewer charges; (10)Failure to meet compliance schedules; (11)Failure to complete a wastewater survey or the wastewater discharge permit application; (12)Failure to provide advance notice of the transfer of business ownership of a permitted facility; or (13)Violation of any Pretreatment Standard or Requirement, or any terms of the wastewater discharge permit or this ordinance. Individual wastewater discharge permits shall be voidable upon nonuse, cessation of operations or transfer of business ownership. All individual wastewater discharge permits issued to a User are void upon the issuance of a new individual wastewater discharge permit to that User. (Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Sec. 26-161. Application for permits; contents. (a) Contents of Application. All users required to obtain a wastewater discharge permit 41 must submit a permit application. The Director may require all users to submit as part of an application the following information: (1) All information required by Section 26-156 and FAC 62-625.600(1); (2) Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be discharged to the WWF; (3) Number and type of employees, hours of operation, and proposed or actual hours of operation; (4) Each product produced by type, amount, process or processes, and rate of production; (5) Type and amount of raw materials processed (average and maximum per day); (6) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge; (7) Time and duration of discharges; and (8) Any other information as may be deemed necessary by the Director to evaluate the wastewater discharge permit application. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. (b) This application will define all of the pertinent data concerning the acceptance of industrial and commercial waste flows and will provide the basis for the issuing of a permit certificate specifying limitations on what the user may discharge. The Permittee may appeal specific conditions of the permit for a period of 30 calendar days following the date of issuance. After this period, the Permittee waives all right to appeal the conditions of the permit. (c) The initial permit shall be effective for a period of up to five years from date of issuance and must be renewed annually by the applicant in order to continue that waste discharge. (d) An application for an initial permit shall be accompanied by a cashier's check for the first year's fees in the amount of $500 plus the City's monitoring costs as prescribed by 40 CFR 403. (1) Industrial and commercial waste discharge permit form. The form of permit for industrial and commercial wastes shall be as specified by the city. Specific provisions for continued acceptance by the city of the waste shall be attached to and made a part of the permit 42 to discharge. The city may prescribe those items as equalized flow discharge, prechlorination, or additional limitations on waste characteristics not adequately described in this ordinance or may prescribe pretreatment quality, requirements for the waste flow in detail. (2) Renewal of industrial and commercial waste discharge permit. The application for a renewed waste discharge permit shall be of a form specified by the city. (e) Application signatories and certification. All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user, as defined in FAC 62-625.600(11)and contain the following certification statement: “I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.” (f) Wastewater discharge permit decisions. The Director will evaluate the date furnished by the user and may require additional information. Within thirty (30) days of receipt of a complete wastewater discharge permit application, the Director will determine whether or not to issue a wastewater discharge permit. The Director may deny any application for a wastewater discharge permit. (g) Administration of permits. (1) The administration of the industrial and commercial waste discharge permit program and the application of the surcharge formula imposes additional obligations of the cities. (2) The city, in addition to determining the waste flow volumes and analyzing the waste strengths for development of the surcharge, must also maintain an accurate record of the permit applications, permits, meter installation details, meter calibrations, and shall make available to each establishment the necessary renewal application forms. (Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Subdivision H. User Charge and Industrial Cost Recovery System Sec. 26-162. User charges; wholesale sewer rates; calculation of sewer surcharge. (a) There is imposed upon the owners or upon the users of each retail and wholesale customer served by the sewer system, a monthly user charge for the use thereof as follows: 43 (1)Sewer rates. A charge for waste resulting from human occupancy which shall include all of the following factors for the operation of the collection system and treatment of wastewater by the regional wastewater facility: a. Operation and maintenance; b. Debt service; c. Capital costs; d. System expansion; e. Others as applicable Consult the Water/Sewer Billing Department for the prevailing rates expressed as $/1,000 gallons of water consumption. (2)Sewer surcharge. A surcharge for waste in excess of the parameters for strength established in the industrial and commercial waste ordinance, and set forth in Section 26-162(b) which may be assessed to applicable customers. (b)Wholesale sewer rates. (1) This section is applicable to those wholesale customers which maintain their own wastewater collection systems. They shall be charged a flat rate per 1,000 gallons, the quantity of which shall be determined by the metering of the wastewater discharge from each wholesale customer's individual wastewater collection system. (2) The metering device shall be satisfactory to the city and shall provide for a separate remote 30-day recording device which shall have a totalizer. Location of the metering device shall be at an accessible location as agreed upon by the parties involved and as further explained and stipulated in an agreement to be executed by both parties. (3) All costs incident to the furnishing, installation, initial calibration, and maintenance on a continuing basis of the meter, are and shall be, the wholesale customer's responsibility. The wholesale customer will provide to the city or its designated representative full details on the proposed meter installation and assurance that the installation will commence only upon the written authorization of the city. The city shall provide an authorization within ten (10) days after receipt by the city of the details of the above proposed meter installation. (4) The meter shall be read monthly by a duly authorized agent of the city, and the wholesale customer shall provide access to the meter for this purpose. In the event of suspected inaccuracy in meter readings, the city shall have the right to request that the meter be tested by an independent organization in accordance with standard practices. If the meter shall be found inaccurate or defective, the cost of the meter test shall be borne by the wholesale customer. If the meter shall be found to be accurate and in good condition, the cost of the meter test shall be borne by the city. 44 (5) In the event of extenuating circumstances, the Commission may, at its discretion, direct that sufficient proof other than the installation of a metering device may be acceptable to determine the quantity of wastewater discharge. (c)Calculation of sewer surcharge. (1) Calculation of the sewer surcharge shall be in accordance with the following: Percent of Effect Allowable Level of Parameter on Costs Sewage Strength BOD-541400 mg/l (ppm) TSS15400 “ ” COD41800 “ ” Let: F = F1 + F2 Where: F = The factor to multiply the sewer rate for a surcharge due to excess strengths. F1 = The strength factor for BOD-5 or COD, whichever is higher. F2 = The strength factor for TSS (total suspended solids) (2) The surcharge will be added to the sewer rate to develop the monthly cost per customer. As an example of sewer charge calculations utilizing sewer rate and the strength surcharge formula, assume the following with respect to Ajax Manufacturing Company: total monthly flow of 100,000 gallons; COD of 900 mg/l; BOD5 of 500 milligrams per liter; total suspended solids of 900 milligrams per liter; Prevailing monthly sewer rate is $1.52 per 1,000 gallons. i.Sewer rate: $1.52/1000 gallons (100,000 gallons/month)= $152/month ii.Sewer surcharge calculation: F1 = 0.41 (900-800) = 0.051 800 F2 = 0.15 (900-400) = 0.188 400 F = 0.051 + 0.188 = 0.239 45 iii. Total monthly charge (sewer rate plus surcharge): $152/month + $152/month( 0.239) = $188.33 (Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99; Ord. 10-002, § 2, 1-19-10) Sec. 26-163. Application of surcharge over standard use fee. (a) A surcharge shall be applied over and above the standard sewer use fee when the wastes from any lot or parcel of land, upon which there is located any building or activity, contain B.O.D., C.O.D., ammonia, or suspended solids concentration higher than defined herein. (b) The surcharge in dollars shall be computed by the formulas included in this subchapter established for the user charge and industrial cost recovery system. Computation of surcharges will be based on effluent analyses at a frequency determined by the user’s water consumption as follows: (1) Monthly effluent analyses for water usages at more than 100,000 gallons per month. (2) Semi annual effluent analyses for water consumption less than 100,000 gallons per month. Surcharges will remain in effect until a new effluent analysis is required or changed based on interim analyses by the user using a Certified Water Testing Laboratory at the user’s expense. Sewer surcharges will constitute a new line item on the prevailing water/sewer bill prepared monthly per user of the system and subject to prevailing regulations/penalties for late or non- payments. Reimbursements of surcharge related monitoring expenses initiated by the City of Boynton Beach are required. (c) Nothing in this chapter shall restrict the city from making additional adjustments in rates if it is found that the nature or quantity of the waste creates an additional burden on the system or if those adjustments are necessary to comply with regulations of the State Department of Environmental Protection or the United States Environmental Protection Agency. (Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99) Sec. 26-164 Industrial cost recovery system. (a) At the discretion of the Director of the Public Utilities System, there is imposed upon all users of each industrially and commercially classified property served by the sewer system an annual cost recovery assessment. (b) The annual cost recovery is as follows: (1) SIU Industrial Permit Fee—$500 plus monitoring costs. 46 (2) Commercial/Industrial User Fee—$50 plus monitoring costs. Permit fees, commercial/industrial user fees and related monitoring costs reimbursements must be paid within 30 days of permit issuance or receipt of monitoring cost recovery notice. Commercial/industrial user fees will be billed as a new line item on the prevailing water/sewer bill prorated over a period of 12 months, but billed monthly; a monthly payment of $4.17 will be added to the prevailing water/sewer bill. (c) SIU industrial permit fees and commercial/industrial user fees shall be prorated for existing permit holders and users upon enactment of this division. (Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99) Sec. 26-165. Review and amendment on annual basis. This subchapter shall be subject to review and revision on the minimum of an annual basis, and the city reserves the right to modify this subchapter or any parts thereof at any time or from time-to-time. (Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99) Sec. 26-166. Notice of violation; liability for expense, loss, or damage. (a) Any person found to be violating any provision of this subchapter shall be served by the city with written notice stating the nature of the violation. The person shall provide a written plan within 30 days for the satisfactory correction thereof. (b) The Director may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to this ordinance and shall be judicially enforceable. (c) Any person violating any of the provisions of the subchapter shall become liable to the city for any expense, loss, or damage occasioned the city by reason of that violation. (Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177 Subdivision I. Administration Sec. 26-167. Responsibility for treatment and disposal. 47 The WWF is responsible for the proper treatment and disposal of all waste that is proper to process through the regional treatment facilities, beginning at the point source. (Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99) Sec. 26-168. Right to enter premises and obtain information concerning discharges. (a) To the extent permitted by general law, the proper official and other duly authorized employees of the city or the WWF bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observations, measurement, sampling, and testing in accordance with the provisions of this chapter. The official or his or her representatives will not inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. (b) To the extent permitted by general law, the proper official and other duly authorized employees of the city or the WWF bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds an easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within that easement. Penalty, see Sec. 26-177 (c) If the Director or designee has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Director may seek issuance of an inspection warrant pursuant to Sections 933.21- 933.26, Florida Statutes, from the Palm Beach County Court. (Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99) Sec. 26-169 Suspension of wastewater treatment service; notice to stop discharge; failure to comply. (a) When the Director finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Director may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend 48 the deadline for compliance established by a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against or a prerequisite for, taking any other action against the user. (b) The city may suspend the wastewater treatment service to any user, including other local governments, when the suspension is necessary, in the opinion of the Utilities Director, in or DEP to stop an actual or threatened violation which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, causes interference to the WWF, caused the WWF to violate any condition of its NPDES permit, or causes the city to be in violation of any of its agreements with the WWF. (c) Any user notified of a suspension of the wastewater treatment service shall immediately stop or eliminate the contribution. In the event of a failure of the user to cause the user to voluntarily comply with the suspension or DEP, the city shall take steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the city or WWF systems or endangerment to any individuals. The city may reinstate the wastewater treatment service upon proof of the elimination of the non-complying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the city within 15 days from the date of the occurrence. (Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99; Ord. 10-002, § 2, 1-19-10) Penalties, see Sec. 26-177 49 Sec. 26-170. Publication of users in significant violation. The city shall publish annually a list of the industrial users which, during the previous 12 months, were in “significant noncompliance” with applicable pretreatment standards and requirements as defined in Sec. 26-115. Public notification shall be included in a newspaper(s) of general circulation within the jurisdiction served by the WWF that meets the requirements of Sections 50.011 and 50.013, F.S. (a) (Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99) Subdivision J. Violations; remedies Sec. 26-171. False statements of documents prohibited. No person shall knowingly make any false statements, representations, or certification in any application record, report, plan, or other document filed or required to be maintained pursuant to this division, or falsify, tamper with, or knowingly render inaccurate any monitoring device or method required under this division. (Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99) Sec. 26-172. Show cause hearing. (a) A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in Section 26.142 of this chapter if it can prove that it did not know, or have reason to know, that its discharge alone or in conjunction with discharges from other sources, would cause pass through or interference and that either: (1) A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or (2) No local limit exists, but the discharge did not change substantially in nature or constituents from the user’s prior discharge when the City of Boynton Beach was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. (b) Any user subject to enforcement action under the provisions of this division may request a hearing before the Utilities Director within ten days of receipt of notification or proposed enforcement action. A hearing is to be held by the Utilities Director concerning the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the Utilities Director why the proposed enforcement 50 action should not be taken. (c) The Utilities Director may conduct the hearing and take the evidence, or, at the Utilities Director’s sole discretion, may designate the City Attorney or an independent arbitrator to: (1) Issue, in the name of the city, notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in that hearing. (2) Take evidence and hear testimony (the strict rules of evidence shall not apply to any hearing). (3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendation to the Utilities Director or his or her designee for action thereon. (d) At any hearing held pursuant to this division, testimony taken must be under oath and recorded stenographically, with the costs thereof to be borne by the user. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof. (e) After the Utilities Director or his or her designee has reviewed the evidence, he or she may issue an order to the user responsible for the noncompliance(s) stating that, following a 30- day time period to provide remediation of noncompliance(s), penalties as per Section 26-177 will go into effect. Further orders as are necessary and appropriate may be issued. (f) The city shall also establish and assess against the user, appropriate surcharges or fees to reimburse the city for the additional cost of operation and maintenance of the wastewater treatment works due to the violation of this division. (g) Costs for conducting a show cause hearing shall be borne by the user requesting the hearing if the enforcement action is upheld. (Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99; Ord. 10-002, § 2, 1-19-10) Sec. 26-173. Legal action against use for appropriate relief. If any person discharges sewage, industrial wastes, or other wastes into the city’s wastewater disposal system contrary to the provisions of this chapter, federal or state pretreatment requirements, or any order of the city, the City Attorney may commence an action against the user for appropriate legal relief, in the appropriate court which has jurisdiction; and to the extent permitted by law, shall seek recovery of all city costs and expenses related to those actions against the user by the city. (Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99) 51 Sec. 26-174. Retention of records required. All users are required to retain and preserve for no less than three years, any records, books, documents, memoranda, reports, correspondence, documentation associated with best management practices, and any and all summaries thereto, relating to monitoring, sampling, waste hauling and chemical analyses made by or on behalf of a user in connection with its discharge. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the WWF or the city pursuant hereto shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. Users shall make such records available for inspection and copying by the City and/or FDEP. All sampling and analysis activities shall be subject to the record-keeping requirements specified in Chapter 62-160, F.A.C. (Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177 Sec. 26-175. Enforcement plan. An escalating enforcement strategy shall be used by the city to maintain compliance with this chapter. The various types of enforcement actions shall be used as determined by the Director and/or Code Enforcement Division and/or the City Attorney depending on the type or severity of the violation. A copy of the enforcement plan will be kept on file at the WWF. (Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99) Sec. 26-176. Remedies. (a) Prohibited Discharge Standards. A User shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in subsections 26-142 of this title or the specific prohibitions in subsection 26-142 (a) through 26- 142 (aa) if it can be proven that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either: (1)A local limit exists for each pollutant discharged and the User was in compliance with each limit directly prior to, and during, the pass through or interferences; or (2)No local limit exists, but the discharge did not change substantially in nature or constituents from the User’s prior discharge when (the City) was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. (3)Consent orders. The Director may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct 52 the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to this ordinance and shall be judicially enforceable. (b)Upset. (1) For the purposes of this section, “upset” means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. (2) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements for paragraph (c), below are met. (3) A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: a. An upset occurred and the user can identify the cause(s) of the upset; b. The facility was at the time being operated in a prudent and workman- like manner and in compliance with applicable operation and maintenance procedures; and c. The user has submitted the following information to the Director within 24 hours of becoming aware of the upset if this information is provided orally, a written submission must be provided within five days: i. A description of the indirect discharge and cause of noncompliance; ii. The period of noncompliance, including exact dates and time or, if not corrected; the anticipated time the noncompliance is expected to continue; and iii. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance. d. In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof. e. Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards. f. Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. 53 The requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails. (c)Bypass. (1) For the purpose of this section, a. “Bypass“ means the intentional diversion of wastestreams from any portion of a user’s treatment facility. b. “Severe property damage“ means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. (2) A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of paragraphs (b)(3) and (4) of this section. (3) a. If a user knows in advance of the need for a bypass, it shall submit prior notice to the Director, at least ten days before the date of the bypass, if possible. b. A user shall submit oral notice to the Director of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Director may waive the written report on a case-by-case basis if the oral report has been received within 24 hours. (4) a. Bypass is prohibited, and the Director may take an enforcement action against a user for a bypass, unless: i. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage. ii. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and iii. The user submitted notices as required under paragraph (b)(3) of this section. b. The Director may approve an anticipated bypass, after considering its adverse 54 effects, if the Director determines that it will meet the three conditions listed in paragraph (b)(4)a. of this section. (Ord. No. 99-21, § 1, 8-3-99) Sec. 26-177. Penalties. Failure to comply with any Chapter 26 ordinances that relate to the actual and/or potential introduction of prohibited and/or restricted effluents into the sanitary sewer system requires penalties as mandated by federal law; e.g. Federal Pretreatment Regulations Section 403.8(f)(1)(vi)(A) requires penalties in at least the amount of $1,000.00 per day per violation which goes uncorrected. (a) Any user who is found to have violated an order of the city or who fails to comply with any provision of this chapter for which another penalty is not provided, and the orders, rules, and regulations issued hereunder, shall be penalized in at least the amount of $1,000 per day for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation. A lien against the user’s property will be sought for unpaid charges, fines and penalties. In addition to the penalties provided herein, the city may recover all reasonable attorneys’ fees, court costs, court reporters' fees, and other expenses of litigation by appropriate motions or suit at law against the user or person found to have violated this chapter or the orders, rules, regulations, and permit issued hereunder. (b)Penalties for continuing violations. Any person who shall continue any violation beyond the time limit provided for in Section 26-166(a) shall be guilty of a violation, and on conviction thereof, shall be penalized in the amount not exceeding $5,000 for each offense. Each day in which any violation shall continue shall be deemed a separate offense. (c) Whoever violates Section 26-171 shall, upon conviction, be punished by a fine in at least the amount of $1,000 or by imprisonment for not more than 60 days, or by both. (d) If sampling performed by a user indicates a violation, the user must notify the Director within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Director within 30 days after becoming award of the violation. The user is not required to resample if the Director monitors at the user’s facility at least once a month or if the Director samples between the user’s initial sampling and when the user receives the results of this sampling. (e) The remedies and penalties provided for in this chapter are not exclusive. The Director may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city’s enforcement response plan. However, the Director may take other action against any user when the circumstances warrant. Further, the Director is empowered to take more than one enforcement action against any noncompliant user. 55 (Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99; Ord. 10-002, § 2, 1-19-10) Secs. 26-178— 26-204. Reserved. 56