Boynton26 Chapter 26
WATER, SEWERS AND CITY UTILITIES*
Art. I. In General, §§ 26-1—26-9
Art. II. Extensions, Replacements and Additions, §§ 26-10—26-37
Div. 1. Generally, §§ 26-10—26-26
Div. 2. Cumulative Provisions for Expansion of Water and Sewer Systems, §§ 26-27— 26-37
Art. III. Water Shortage Plan, §§ 26-38—26-55
Art. IV. Sewers, §§ 26-56—26-111
Div. 1. Generally, §§ 26-56—26-72
Div. 2. Reserved, §§ 26-73—26-99
Div. 3. Reserved, §§ 26-100—
26-111
Div. 4. Industrial and Commercial Waste, §§ 26-112—26-203
Subdiv. A. General, §§ 26-112—26-124
Subdiv. B. Private Sewage Disposal System, §§ 26-125—26-130
Subdiv. C. Installation and Connections, §§ 26-131—
26-139
Subdiv. D. Use of Public Sewers, §§ 26-140—26-147 Subdiv. E. National Categorical Pretreatment
Standards, §§ 26-148—
26-155
Subdiv. F. Reporting,
Inspections, and
Monitoring, §§ 26-156—
26-159
Subdiv. G. Waste
Discharge Permits,
§§ 26-160, 26-161
Subdiv. H. User Charge
and Industrial Cost
Recovery System,
§§ 26-162—26-166
Subdiv. I. Administration,
§§ 26-167—26-170
Subdiv. J. Violations,
Remedies,
§§ 26-171—26-204
Art. V. Cross-Connection Control and Backflow Prevention, §§ 26-205—26-299
Art. VI. Stormwater System, §§ 26-300—26-399
Art. VII. Stormwater Utility Fees, §§ 26-400—26-499
Art. VIII. Reclaimed Water,
§§ 26-500—26-521
*Cross references-Utilities department, § 2-3; operating capital improvements fund, § 2-14; plumbing generally, § 5-28 et seq.; collection and disposal of refuse by city, § 10-22 et
seq.; sewer systems in subdivisions, App. C, Art. IX, § 10; water systems in subdivisions, App. C, Art. IX, § 15.
ARTICLE I. IN GENERAL
Secs. 26-1—26-7. Reserved.
Sec. 26-8. Water and sewer connection, deposit
and service charges.
There is hereby established a fee structure for water and sewer service, field visits, meter connections and deposits, and miscellaneous services as set forth below:
Field Visit Services Charge Per
Occurrence
Field visit (Including, but not limited to: initial read on, initial read shut, final read on, final read shut, temporary disconnects, non-emergency shut off for repair, customer requested
meter locates, and installation, movement, or removal of hydrant/construction meters.) $20
Turn-on after hours $55
Turn-off after hours $55
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Field Visit Services Charge Per
Occurrence
Meter test (Based on meter size)*
¾” $130
1" $150
1½” $206
2" $230
3" and above $515
Re-read* (customer request)
Residential $30
Commercial/Multi-Family $40
Water shut-off charge for non-payment $40
Labor charge for meter upgrades $60
Flow test* $30
Dishonored checks $25
Late payment $10
*No charge if meter error, city's error, or substandard flow rate is detected. Any adjustments to the utility bill will be no more than three (3) months.
Customer Tampering/Damages
The Utilities Department is authorized to collect expenses for damages to meters/service by customers. If damages result from tampering, a per hour rate for staff time and material will
be applied. All charges will be assessed to the account where tampering/damages occurred.
Charge Per
Occurrence
Unauthorized reconnection of service $150
Pulled meter / reinstallation (In addition to the unauthorized reconnection of service charge for instances in which unauthorized connections cannot be securely disconnected due to tampering
and/or damages or inability to lock the meter.) $50
Field Visit Services Charge Per
Occurrence
Illegal meter bypass (For theft of service after meter has been pulled or if jumper lines are used around existing meter. This charge may be applied alone or in addition to other tampering
charges.) $150
Meter Connection Charges
Meter
Size Inside Outside
(in inches) City City Deposit
5/8 and 3/4 $220 $275 $100
1 $255 $315 $125
11/2 $455 $565 $250
2 $530 $660 $400
3 Furnished and installed by and at the expense of customer $750
4 Furnished and installed by and at the expense of customer $1,250
6 Furnished and installed by and at the expense of customer $2,500
8 Furnished and installed by and at the expense of customer $4,000
Construction Meters
Meter
Size
(in inches) Penalty for Nonread/month Deposit
3/4 $25 $100
1 $25 $100
11/2 $25 $200
2 $25 $200
Hydrant meter $150 $600
If the customer requests to increase the size of his water meter to a size greater than originally installed, the customer shall pay only the differential cost
between the original meter and the cost of the new meter for both the connection and deposit charges. (Ord. No. 90-35, § 2, 9-18-90; Ord. No. 02-045, § 2, 8-20-02; Ord. No. 09-019, §
2, 4-21-09; Ord. No. 12-007, § 2, 6-5-12)
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Water, Sewers and City Utilities 3
Editor's note-Ord. No. 90-35, §§ 2, 3, adopted Sept. 18, 1990, provided for the inclusion of provisions pertaining to water and sewer service charges and monthly rates. Such provisions,
designated as §§ 26-36 and 26-37, have been redesignated by the editor as §§ 26-8 and 26-9, for purposes of classification.
Sec. 26-8.1 Water and sewer deposits; accounts,
credits, termination and re-
connection.
(a) Accounts. All utility deposits collected by the city pursuant to this chapter shall be maintained in a non-interest bearing account.
(b) Credits on deposits for residential customers. On December 1st of each year the city will refund utility deposits to residential customers who have maintained a consecutive twelve
(12) month satisfactory payment record and have established services for a consecutive twenty-four (24) month period. Accounts classified as commercial are not eligible for refunds
described in section (b) hereof prior to termination of service. For purposes of this section a "satisfactory payment record" shall mean that the customer:
(1) Has not made more than one late payment after the expiration of 30 days from the date of mailing.
(2) Has not paid with a check refused by the bank.
(3) Has not been disconnected for non-payment.
(4) Has not tampered with the meter.
(5) Has not used service in a fraudulent or unauthorized manner.
Notwithstanding the foregoing, if subsequent to the refund of the deposit to the residential customer, the customer shall become delinquent for a period in excess of 30 days the city
may require the customer to
pay a new deposit within 15 days of written notice. Said deposit shall also be subject to refund in accordance with the provisions of this section.
(c) Termination of service. Upon termination of service the deposit, if not already refunded to the customers account, shall be credited against the final bill and the balance, if
any, shall be returned to the customer in the form of a check.
(d) Re-connection. Customer shall be required to place a new deposit on account according to the then current rate upon re-connection to the city system.
(e) Billing for utility service for parcels that will receive both water and sewer service shall commence on the first day that either a sewer connection is made, or the water meter
is set in place. Billing for parcels
receiving sewer service shall commence on the day that the sewer service line is connected to the City's utility system. For initial billing periods of less than thirty (30) days, the
base facility charge will be pro-rated by multiplying the standard base facility charge by the number of days the service was provided, and then dividing by thirty (30).
(f) Base facility charge. The base facility charge is defined as the monthly base fee charged per unit that shall be levied upon the initiation of service. The base facility charge
is used to defray those non-consumption related operational expenses such as salaries, debt service, meter reading, billing and maintenance activities associated with the City's utility
department, that are incurred regardless of water usage.
(g) Temporary account activation for purpose of property inspection. Customer shall be required to open a new account including a deposit under current rates. All charges will be applied
in same manner as they are for all new accounts.
(Ord. 95-32, § 1, 9-19-95; Ord. No. 00-54, § 2, 10-17-00; Ord. No. 12-007, § 3, 6-5-12)
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Sec. 26-9. Water and wastewater rates and
charges.
The monthly rates and charges for water and wastewater shall be as set forth in the multi-year schedules in this section. Such rates shall become effective on November 1 in FY 2011-12
and October 1 of each of the fiscal years thereafter and shall not be prorated:
SCHEDULE I. POTABLE WATER RATES
(a) Residential and commercial rates inside city:
Fiscal
Year
Base Facility Charge (Residential)
Base Facility Charge (Commercial)
0-9,000 gallons/
month*
9,001-30,000 gallons/
month*
30,001-50,000 gallons/
month*
Over 50,000 gallons/
month*
2010-11
$10.76
$21.51
$1.44
$2.58
$3.44
$4.24
2011-12
$10.98
$21.94
$1.47
$2.63
$3.51
$4.32
2012-13
$11.30
$22.60
$1.51
$2.71
$3.61
$4.45
2013-14
$11.64
$23.28
$1.56
$2.79
$3.72
$4.59
2014-15
$11.99
$23.97
$1.60
$2.88
$3.83
$4.73
2015-16
$12.35
$24.69
$1.65
$2.96
$3.95
$4.87
(b) Residential and commercial rates outside city:
Fiscal
Year
Base Facility Charge (Residential)
Base Facility Charge (Commercial)
0-9,000 gallons/
month*
9,001-30,000 gallons/
month*
30,001-50,000 gallons/
month*
Over 50,000 gallons/
month*
2010-11
$13.45
$26.90
$1.80
$3.23
$4.30
$5.30
2011-12
$13.72
$27.44
$1.84
$3.29
$4.39
$5.41
2012-13
$14.13
$28.26
$1.89
$3.39
$4.52
$5.57
2013-14
$14.55
$29.11
$1.95
$3.50
$4.65
$5.74
2014-15
$14.99
$29.98
$2.01
$3.60
$4.79
$5.91
2015-16
$15.44
$30.88
$2.07
$3.71
$4.94
$6.08
* Represents monthly usage rates per thousand gallons
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SCHEDULE II. WASTEWATER RATES
(a) Residential and commercial rates inside city:
Fiscal Year
Base
Commodity Rate
(Dollars Per
Thousand Gallons)
Rate If
No Water Meter
2010-11
$16.29
$1.87
$29.41
2011-12
$16.62
$1.91
$30.00
2012-13
$17.11
$1.96
$30.90
2013-14
$17.63
$2.02
$31.83
2014-15
$18.16
$2.08
$32.78
2015-16
$18.70
$2.15
$33.76
(b) Residential and commercial rates outside city:
Fiscal Year
Base
Commodity Rate
(Dollars Per
Thousand Gallons)
Rate If
No Water Meter
2010-11
$20.38
$2.34
$36.78
2011-12
$20.79
$2.39
$37.52
2012-13
$21.41
$2.46
$38.64
2013-14
$22.05
$2.53
$39.80
2014-15
$22.72
$2.61
$40.99
2015-16
$23.40
$2.69
$42.22
The maximum sewer commodity charge for residential customers (in city or outside city) will be based upon a maximum sewer usage of seven thousand (7,000) gallons per month. Commercial
accounts will be billed sewer charges based upon total water usage.
For multi-family buildings (in city or outside city) in which several dwelling units are serviced by a single meter, the base facility charge per meter shall be calculated by multiplying
the number of dwelling
units times the standard base charges for water, sewer and stormwater. The billing for consumption shall similarly be calculated by dividing the total monthly consumption for each meter
by the number of dwelling units, in order to determine the billing rate and amount per dwelling which is then multiplied by the number of units on each meter. Billing for utility services
for multi-family parcels shall commence on the first day that either a sewer connection is made or a water meter is set in place.
If the utility account is temporarily disconnected, there shall continue to be a minimum charge for water
and wastewater billed monthly and calculated at the base rate for the applicable billing category.
(Ord. No. 90-35, § 3, 9-18-90; Ord. No. 94-30, § 1, 9-20-94; Ord. No. 00-54, § 3, 10-17-00; Ord. No. 02-045, § 3, 8-20-02; Ord. No. 07-023, §§ 2, 3, 9-2-07; Ord. No. 09-019, §§ 3, 4,
4-21-09; Ord. No. 09-037, § 2, 8-4-09; Ord. No. 11-022, § 2, 10-4-11)
Note-See the editor's note following § 26-8.
ARTICLE II. EXTENSIONS,
REPLACEMENTS AND ADDITIONS
DIVISION 1. GENERALLY
Sec. 26-10. Definitions.
The following definitions of words and phrases shall apply in interpreting this article:
Facilities shall mean the existing sewer and water systems of the city.
Off-site shall mean the area up to the point or points of joining of the facilities to the system.
System shall mean the sanitary sewerage collection system and all facilities incident thereto, and all water mains and distribution lines and appurtenances incident thereto within a
development.
Water main shall mean and refer to the water main owned, operated and maintained by the city.
(Code 1958, § 30B-2; Ord. No. 80-10, § 1, 4-1-80)
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Water, Sewers and City Utilities 5
Sec. 26-11. Plans and specifications to be
approved by city officers.
In connection with the installation and construction of any extension, replacement or addition to the existing municipal utility systems, including but not limited to sewer and water,
whether such extension, replacement or addition is within or outside the territorial limits of the municipality, or whether such extension, replacement or addition is to be publicly
or privately owned and maintained, it shall be mandatory that prior to issuance of any building permit for the system itself or structures to be located within any proposed building
project, as more particularly described hereinafter, or other authorization to proceed be granted, in connection with such project or projects, that the plans and specifications for
such extension, replacement or addition be approved by the office of the city manager, the utilities director, the city's engineers, and the chief of the fire department.
(Code 1958, § 30B-1; Ord. No. 80-10, § 1, 4-1-80)
Sec. 26-12. Approval of plans by state.
Subsequent to the foregoing municipal officials approving such plans and specifications for proposed additions, replacements or extensions to the municipal utility systems, same shall
be approved by the Palm Beach County Health Department, Florida Department of Environmental Regulation prior to issuance of construction permits. (Code 1958, § 30B-1; Ord. No. 80-10,
§ 1, 4-1-80)
Sec. 26-13. Supervision when work not done by
city; deposit required.
Where such extension, replacement or addition is to be constructed and/or financed by private developers, rather than municipal forces, or their supervised agents or contractors, such
private developer shall coordinate all installations with the municipal utilities department, in order to insure supervision of such installation by a duly authorized supervisor or supervisors
designated by said officials,
at all stages of construction, in order that such installation is made in full compliance with approved
plans and specifications. It shall be a further and additional requirement that prior to issuance of any project building permit or installation permit for any project involving extension,
replacement or addition to any municipal utility system, the total cost of supervision by the city be paid by the developer and that a sum sufficient to cover such cost as estimated
by the municipal utilities director be deposited with the city by the private developer prior to issuance of said permits. (Code 1958, § 30B-1; Ord. No. 80-10, § 1, 4-1-80)
Sec. 26-14. Certification that bills paid
prerequisite to approval by city.
Prior to final acceptance of any project described hereinabove, the city shall be furnished with an affidavit from the developer that all bills for labor, services and materials incurred
by the developer in connection with subject installation project have been paid in full. (Code 1958, § 30B-1; Ord. No. 80-10, § 1, 4-1-80)
Sec. 26-15. Approval of utility service provision
prerequisite to building permit for
development.
Any proposed building project or development to be located within the city involving commercial and industrial units or more than two ((2) residential units, shall be considered to
involve the general public welfare and interest and as such, no building permit will be issued therefor by the building department unless and until plans and specifications for additions
to the municipal utility systems, as hereinabove described, indicating the manner in which said project shall be serviced utility-wise have been approved by the municipal officers above
indicated and it shall be mandatory that any changes or alterations in said proposed plans and specifications designated by said officials be effected prior to issuance of subject permits.
(Code 1958, § 30B-1; Ord. No. 80-10, § 1, 4-1-80)
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Sec. 26-16. Prerequisites to approval of
development permit.
In connection with review of any proposed plans or specifications above described by the designated municipal officials, the following shall be determined:
(a) That the size, location and design of the pipes, pumps, lift stations or piping intended to serve the area shall be sufficient to insure adequate flow and pressure, based upon the
size, height and density of the subject development. In addition, it shall be affirmatively determined that the off-site utilities are sized to comply with the Master Comprehensive Utilities
Plan of the city; provided, however, that if said compliance requires any oversizing of the pipes or piping necessary to serve the subject development, the developer (or developers)
by joint written agreement with the City shall finance the needed areas' off-site utilities to a capacity necessary to serve the property of the developer (or developers) in accord with
the master plan and; any over-sizing of said off-site utilities constructed in accord with the master plan shall be initially financed by the developer (or developers) unless, in response
to the developer's request, the city council agrees to fund the oversizing costs in an amount equal to the oversizing costs plus fifteen (15) percent administrative cost to be paid by
the developer (or developers); additionally provided that the owner may pay the costs of such oversizing with such costs to be accounted as a credit against the owner's capital facilities
charge pursuant to section 30B-4(G) hereof. In addition, the
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Water, Sewers and City Utilities 7
proposed system shall provide adequate fire prevention needs and adequate safeguards in the proposed system to provide emergency service in the event of accidental breakage and loss
of pressure within said system as determined by the city.
(b) That the proposed water system contains sufficient provision for fire hydrants with relation to distance between said hydrants and proximity to structures within the proposed development.
Further, that said hydrants will be located at points within the proposed development to enable ready and direct access by mechanical apparatus of the municipal fire department or if
within the county, the appropriate fire district.
(c) The size, type, number and method of installation of any water meter or meters proposed to be installed or added to the municipal water utility system in connection with any building
project as hereinabove described, shall be determined and approved prior to installation thereof by the municipal utilities director. In addition, all required water meters serving the
proposed development shall be placed at locations which will enable municipal personnel to efficiently service and read said meters and developer shall grant permission and legal authority
to the city for the purpose of city personnel having access to said meters.
(d) It is not the intent of this chapter to guarantee, for an extended period of time, adequate capacity to serve the developer's (or developers') property, however, the written agreement
to be executed with the city will state the time period of the guarantee. The capital facility charge will remain as it is at the time of the execution of this agreement during the time
period of the guarantee and will thereafter be as from time to time amended.
(e) The capital facility charge credits will be separately accounted for in either the water portion or the sewer portion of the city's utility fund, and will not be interchangeably
used toward the other's obligation. (Code 1958, § 30B-1; Ord. No. 80-10, § 1, 4-1-80)
Secs. 26-17—26-26. Reserved.
DIVISION 2. CUMULATIVE PROVISIONS FOR
EXPANSION OF WATER AND SEWER
SYSTEMS
Sec. 26-27. Scope.
The city has accepted the responsibility to provide water and sewerage services within its “area” as a regional service agency as designated by the Palm Beach County Area Planning Board;
roughly from the Atlantic Ocean and west to the E-3 canal, and from Hypoluxo Road on the north, south to the north city limits of Delray or as specifically delineated by the area planning
board. (Code 1958, § 30B-3; Ord. No. 80-10, § 1, 4-1-80)
Sec. 26-28. Feasibility study.
When a developer and/or property owner requests in writing utilities service from the city, a feasibility study, the cost of which shall be borne entirely by the developer and/or property
owner, for the extension of utilities shall be conducted by the city's engineers. Said feasibility study shall include an analysis and estimate of:
(a) Projected operation costs;
(b) Projected maintenance costs;
(c) Projected revenue, related to this project.
The city council shall authorize such feasibility study when the developer and/or property owner shall escrow with the city monies sufficient, in the discretion of the city, to conduct
said feasibility study. (Code 1958, § 30B-4; Ord. No. 80-10, § 1, 4-1-80)
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Sec. 26-29. Proposal and approval.
(a) All projects submitted by the developer after a feasibility study and/or property owner proposing any improvement, extension or expansion of any system shall be approved by the
city manager, utility director and the city's engineers. Any proposal will be in writing, describing in detail the purpose, scope and an analysis of the feasibility of the project.
(b) Detailed plans and specifications may also be requested.
(c) The city manager, in conjunction with the city's engineers, shall, within thirty (30) days, approve plans, or deny any proposals if:
(1) The proposal fails to comply with a requirement of the city code or authorized regulations, or
(2) The proposal will result in an economic operating loss to the city, or
(3) The proposal does not comply with the city's master comprehensive utilities plan.
(d) Any denial may be appealed to the city council.
(e) If no city water: A sewerage system proposal to extend sewer service to any area not served, and not to be concurrently served by the city's water system, may be initiated only
after approval by the city council.
(f) If no city sewerage system: A water system proposal to extend water service to any area not served, and not to be concurrently served by the city's sewerage system, may be initiated
only after approval by the city council. (Code 1958, § 30B-4; Ord. No. 80-10, § 1, 4-1-80)
Sec. 26-30. Responsibility for design.
(a) The city's engineers will design both the water treatment plant, raw water supply facilities and the sewage treatment plant and disposal facilities.
(b) The city's engineers will design all off-site water and sewage facilities which shall be constructed by the city.
(c) The on-site sewage collection system and water distribution system shall be designed by the developer and/or property owner (both as found, i.e., in a development or a subdivision).
(d) In all cases, all designs for on-site facilities will comply with city code requirements contained herein and will be approved by the city and the city's engineers prior to construction
and be inspected by the city or their representative, all at the expense of the developer and/or property owner. (Code 1958, § 30B-4; Ord. No. 80-10, § 1, 4-1-80)
Sec. 26-31. Financing.
(a) Design by city. In all cases, developers and/or property owners will extend monies to the city to cover the cost of initiating and designing all or any portions of the transmission,
collection and treatment facilities. This will be fifteen (15) percent of the total estimated cost of any project as determined by the city's engineers.
(b) Construction by city. In all cases, developers and/or property owners will pay the estimated cost of any project, such monies to be paid to the city upon execution of an agreement
between owners and/or developers and the city to provide service and beginning of a construction project, plus agreement in writing to pay on demand, any additional expenses actually
incurred by the city in construction. (Code 1958, § 30B-4; Ord. No. 80-10, § 1, 4-1-80)
Sec. 26-32. Design standards.
All plans and specifications relating to sewerage and water systems extension projects shall comply with established subdivision and building regulations and shall have affixed to them
the seal of a registered professional engineer. With respect to on-site facilities, the property owner and/or developer authorized to undertake the project shall file with the city manager
a reproducible set of plans showing the completed work, as built, together with an affidavit of
Water, Sewers and City Utilities 9
periodic and final inspections by a registered professional engineer, certifying that the work as constructed complies with established city standards, and shall obtain final project
approval from the city manager. (Code 1958, § 30B-4; Ord. No. 80-10, § 1, 4-1-80)
Sec. 26-33. Construction standards.
All extensions of the city's sewerage and water systems shall comply with “Appendix C” of the city Code and/or the following standards:
(a) Location. All sanitary sewers, sewerage pumping stations, water mains and related appurtenances to be conveyed to the city, shall be located only in public rights-of-way, on city
owned property or in easements acceptable to the city. There the property is under development, sewerage and water system extensions shall not be installed until:
(1) The finished grades of the rights-of-way or easements have been established and approved by the city, and
(2) The rights-of-way or easements have been constructed to at least design subgrade.
(b) Installation standards and inspection. All installations shall be made in a manner and of such materials as are in accordance with standards and requirements established by the city,
and all plans, specifications, premises, or construction sites shall be subject to inspection and approval by the city manager or his designee at any time during or after completion
of construction prior to acceptance by the city. No installation or construction by a property owner and/or developer shall be accepted by the city as finally approved until there is
delivered to the city an affidavit which adequately protects the city's interests against mechanics' liens or other liens which might be asserted against the property under applicable
law; the form
a and conditions of the affidavit to be approved by the city attorney.
(c) Building sewer or water line. Every “building” sewer or water line shall terminate at the owner's property line and shall be installed and connected to the building plumbing by the
property owner at his expense.
(d) Connection to city facilities. Actual interconnection of an extension with the existing city sewerage or water system shall be prevented, by omitting a connecting section or by placing
a temporary bulkhead in the connecting lines, until the extension project has been fully inspected and approved and all other conditions for extension of service have been met.
(e) Ownership. All portions of a sewerage or water system extension project located in a public right-of-way, city-owned property or a public easement shall, upon installation and acceptance
by the city, become the property of the city, and the filing of an application for approval of construction of such a project by a property owner and/or developer shall be deemed to
be consent to such transfer of ownership. The property owner shall execute and deliver to the city such deeds or other evidences of ownership as the city may require; provided, however,
that no consideration shall be authorized to be given by the city to such property owner for the execution and delivery to the city of such deeds or other evidences of ownership unless
such consideration is first approved by the city council. (Code 1958, § 30B-4; Ord. No. 80-10, § 1, 4-1-80)
Sec. 26-34. Capital facilities charges and
connection charges.
(A) CAPITAL FACILITIES CHARGE IMPOSED. When property receives water and/or sewage service from systems owned or controlled by the city, the owner of such property shall pay unto
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the city a water and/or sewage capital facilities charge as follows:
(1) Water:
(a) Residential property located within the municipal limits of Boynton Beach. One thousand one hundred twenty-two dollars ($1,122.00) per equivalent dwelling unit. “Equivalent dwelling
unit” is defined as a unit of construction having the same water usage as a one-bedroom single-family home, and the number of equivalent dwelling units, for the purpose of this calculation,
contained within the property shall be determined in accordance with the schedule set forth below in subparagraph (3).
(b) Nonresidential property located within the municipal limits of Boynton Beach. One thousand five hundred seventy dollars and eighty cents ($1,570.80) per three-quarter inch by
five-eighths inch (¾" x 5/8") meter equivalent (ME). The table below indicates for various meter sizes the numbers of ¾" x 5/8" MEs and the charges.
Meter Size
¾" x 5/8" ME
Water Capital Facilities Charge
¾" x 5/8"
1.0
$1,570.80
1"
2.5
$3,927.00
1-½"
5.0
$7,854.00
2"
8.0
$12,566.40
3"
17.5
$27,489.00
4"
31.5
$49,480.20
6"
65.0
$102,102.00
8"
140.0
$219,912.00
10"
210.0
$329,868.00
(c) Residential property located beyond the municipal limits of Boynton Beach but within the utility service area. One thousand four hundred three dollars ($1,403.00) per equivalent
dwelling unit. “Equivalent dwelling unit” is defined as a unit of construction having the same water usage as a one-bedroom single-family home, and the number of equivalent dwelling
units, for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule set forth below in subparagraph (3).
(d) Nonresidential property located beyond the municipal limits of Boynton Beach but within the utility service area. One thousand nine hundred sixty-two dollars and fifty cents ($1,962.50)
per three-quarter inch by five-eighths inch (¾" x 5/8") meter equivalent (ME). The table below indicates for various meter sizes the numbers of ¾" x 5/8" MEs and the charges.
Meter Size
¾" x 5/8" ME
Water Capital Facilities Charge
¾" x 5/8"
1.0
$1,952.50
1"
2.5
$4,906.25
1-½"
5.0
$9,812.50
2"
8.0
$15,700.00
3"
17.5
$34,343.75
4"
31.5
$61,818.75
6"
65.0
$127,562.50
8"
140.0
$274,750.00
10"
210.0
$412,125.00
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Water, Sewers and City Utilities 11
(2) Sewage:
(a) Residential property located within the municipal limits of Boynton Beach. Six hundred sixty-five dollars ($665.00) per equivalent dwelling unit. "Equivalent dwelling unit" is
defined as a unit of construction generating the same amount of sewage as a one-bedroom single-family home, and the number of equivalent dwelling units, for the purpose of this calculation,
contained within the property shall be determined in accordance with the schedule set forth below in subparagraph (3).
(b) Nonresidential property located within the municipal limits of Boynton Beach. Nine hundred thirty-one dollars ($931.00) per three-quarter inch by five-eighths inch (¾" x 5/8")
meter equivalent (ME). The table below indicates for various meter sizes the numbers of ¾" x 5/8" MEs and the charges.
Meter Size
¾" x 5/8" ME
Sewer Capital Facilities Charge
¾" x 5/8"
10
$931.00
1"
2.5
$2,327.50
1-½"
5.0
$4,655.00
2"
8.0
$7,448.00
3"
17.5
$16,292.50
4"
31.5
$29,326.50
6"
65.0
$60,515.00
8"
140.0
$130,340.00
10"
210.0
$195,510.00
(c) Residential property located beyond the municipal limits of the City of Boynton Beach but within the utility service area. Eight hundred thirty-one dollars ($831.00) per equivalent
dwelling unit. "Equivalent dwelling unit" is defined as a unit of construction generating the same amount of sewage as a one-bedroom single-family home, and the number of equivalent
dwelling units, for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule set forth below in subparagraph (3).
(d) Nonresidential property located beyond the municipal limits of Boynton Beach but within the utility service area. One thousand one hundred sixty-three dollars and seventy-five
cents ($1,163.75) per three-quarter inch by five-eighths inch (¾" x 5/8") meter equivalent (ME). The table below indicates for the various meter sizes the numbers of ¾" x 5/8" MEs and
the charges.
Meter Size
¾" x 5/8" ME
Sewer Capital Facilities Charge
¾" x 5/8"
1.0
$1,163.75
1"
2.5
$2,909.38
1-½"
5.0
$5,818.75
2"
8.0
$9,310.00
3"
17.5
$20,365.63
4"
31.5
$36,658.13
6"
65.0
$75,643.75
8"
140.0
$162,925.00
10"
210.0
$244,387.50
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12 Boynton Beach Code
Said capital facilities charge is designed to cover the cost of existing or additional raw water production facilities, water treatment facilities and water distribution facilities
together with sewage transmission facilities either existing or additions and improvements thereto which will be utilized by the city to provide water and sewer service to said property.
Said capital facilities charge shall be paid in full prior to the execution of the Health Department applications or approval of the plans by the Utilities Department or issuance of
the first permit of the project on the owner’s or development property or installation of the first water meter on the owner’s property, whichever is achieved first, and shall be computed
based upon the rate in effect upon that date.
If oversizing funding has been carried out by a developer (or developers) that funding will have a capital facility charge credited in an amount no greater than the oversizing charge
portion of the cost of original construction. Oversizing costs shall be defined to be the relative carrying capacity of the oversized lines as constructed versus the carrying capacity
of the minimum sized lines that would have been required to serve the development (or developments) participating in the funding as follows:
A.* B. C.
Developer(s) Capital Oversized Line Minimum Sized
Facility Charge Constructed as Lines Required to
Credit as a Percent Required by the Serve Participating
of Costs Master Plan Developer(s)
(Col. A x Col. B
Costs)
44.444% 20 16
74.359 20 12
28.571 16 14
52.381 16 12
71.429 16 10
37.500 12 10
65.517 12 8
84.127 12 6
*From “equation of pipe chart attached as Exhibit A” to Ordinance Number 80-10, which exhibit is set out following this division.
If in providing water or sewer service to an owner or developer, the city utilizes a part or parts of already installed city facilities that have been oversized
pursuant to division 1 of this article, the responsibilities of each developer receiving such service subsequent to the trunk line construction agreement for connecting to a system that
has been previously oversized, will be to pay the proportional share (this developer(s) equivalent dwelling units as a percent of total equivalent dwelling units to be served by the
oversize pipe) of the total cost (engineering, construction, etc.) of the system plus the following:
(a) An adjustment equal to the engineering consumer price index increase, if any, since the contract date of the construction of the oversizing.
(b) An adjustment that represents the interest (assumed to be 9%) that the city would have earned if the related capital facility charge credits were not given to the developer or developers
who funded the oversizing.
(c) An adjustment that represents an administrative charge to the city for handling the oversizing negotiations and procedures; the amount to be fifteen percent (15%).
(d) Equivalent dwelling units capital facilities charge then in effect for water and sewer services in accord with this chapter as amended.
Note: Example-Assume three (3) developers representing four thousand (4,000) equivalent dwelling units require a twelve (12) inch line to serve them, and the three (3) developers jointly
agree with the city to fund a sixteen (16) inch line which will serve twelve thousand (12,000) equivalent dwelling units. The three (3) developers will pay the entire cost of the installation
of the line, but would receive credits against capital facility charges for 52.318% of the cost of the line divided among the three (3) developers according to their individual share
of the four thousand (4,000) units. Developers tying-in to the system at a later date would pay a cost per unit equal to 1/12,000 of the construction costs plus items (a), (b), (c),
and (d) above.
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Water, Sewers and City Utilities 13
(3) The following tables shall be used to determine the number of equivalent dwelling units and capital facilities charges for residential property with the indicate number of bedrooms:
Single-Family
Inside City
Outside City
# Bedrooms (Multiplier)
Water
Sewer
Water
Sewer
1 Bedroom Unit (1.0)
$1,122.00
$665.00
$1,402.50
$831.25
2 Bedroom Unit (1.4)
$1,570.80
$931.00
$1,963.50
$1,163.75
3 Bedroom Unit (1.8)
$2,019.60
$1,197.00
$2,524.50
$1,496.25
4 Bedroom Unit (2.0)
$2,244.00
$1,330.00
$2,805.00
$1,662.50
5 Bedroom Unit (2.2)
$2,468.40
$1,463.00
$3,085.50
$1,828.75
Apartments
Inside City
Outside City
# Bedrooms (Multiplier)
Water
Sewer
Water
Sewer
1 Bedroom Unit (0.8)
$897.60
$532.00
$1,122.00
$665.00
2 Bedroom Unit (1.2)
$1,346.40
$798.00
$1,683.00
$997.50
3 Bedroom Unit (1.6)
$1,795.20
$1,064.00
$2,244.00
$1,330.00
For single-family dwellings with greater than five bedrooms, an additional 0.2 equivalent dwelling units shall be added to the multiplier for each additional bedroom beyond five, and
the capital facilities charges shall be computed employing said multiplier.
Any subdivision where each unit will be responsible for their own water will be classified under single-family.
Duplexes are classified under apartments and multiplied by the number of bedrooms. Example: if three bedrooms per apartment, multiply the cost of three-bedroom apartment x 2.
Mobile homes and trailers are classified as having one equivalent dwelling unit (per City Ordinance 80-10) and are charged the same as a one-bedroom unit.
(B) USE OF FUNDS. All revenues derived from the charges imposed by this section, in excess of the sums required for actual reimbursement of costs for connection, shall be placed in
a separate capital improvement fund to be known and designated as Capital Improvement Account of the Water and Sewers Utilities Fund, and shall be used only for the construction, acquisition,
addition, extension, renewal and replacement of water and sewage systems of the
city, as appropriated from time to time by the Commission. If funds are not available in this fund either through revenue from capital facility charges or balance from bond issue, for
the city to approve a project to extend water and sewer systems, the developer may advance fees to the utility trust fund.
(C) WATER CONNECTION CHARGE. When property receives water service from the city facilities,
2013 S-42
14 Boynton Beach Code
the owner of such property shall pay unto the city a water connection charge, based upon the size of the service line and meters, for the cost of making the tap into the city system,
installation of the service lateral and meters, together with the cost of the meters themselves. Said water connection charge shall be provided by the city commission, as same shall
from time to time be amended.
(D) SEWER CONNECTION CHARGE. When property receives sewage service from the city facilities and the owner of such property requests that the city install the service lateral and make
the actual tap into the city system, the owner shall pay to the city the total cost of all labor performed and material supplied prior to the city performing such services.
(E) CAPACITY RESERVATION FEES. Any person or property owner requesting a firm reservation of water and/or sewage treatment capacity shall pay the city a reservation fee for said capacity.
The reservation fee is intended to equal the costs for financing the necessary capacity and administering this program, and all revenues therefrom shall be placed in the capital improvement
fund described in this section. As such, the reservation fee is hereby established as denoted in the following table, for each year that capacity is to be reserved.
Conversion Factor
No. of Equivalent Annual
Residential Units Reservation
Type of Dwelling (ERU's) Fee
Residential:
Single-family, per meter 1.0 $ 138.60
Apartment, per meter:
5/8" x 3/4" 1.0 138.60
1" 2.9 401.94
2" 9.8 1,358.28
Nonresidential, per meter:
5/8" x 3/4" 1.4 194.04
1" 5.7 790.02
1½" 8.7 1,205.82
2" 15.2 2,106.72
3" 37.4 5,183.64
4" 59.5 8,246.70
6" 232.1 32,169.06
In cases where the required information is not available in sufficient detail to apply the above, a projected flow or demand for the project, certified by a professional engineer registered
in the State of Florida, shall be required. One (1) ERU shall then be equivalent to three hundred eighty-six (386) gallons per day of flow or demand.
The reservation fee shall be due and payable at any of the following instances, whichever occurs first:
(1) At time of concurrency review and certification; or
(2) Upon request for written confirmation of capacity reservation; or
(3) Upon request for the utilities director's signature on department of health and rehabilitative services or department of environmental regulation permit applications for water and/or
sewer main extensions; or
(4) Upon issuance of a development order by the city; or
(5) Upon renewal of an existing development order by the city.
Reservation fees shall serve to reserve capacity for a period not to exceed one (1) year. If the property owner has not paid all applicable capital facilities charges prior to expiration
of the reservation fees, then the fees must be renewed at the rate in effect at that time. Reservation fees are not refundable for any portion of the year during which construction
occurs.
The property owner, may, at his discretion, pre-pay all required capital facilities charges in lieu of paying reservation fees. In such instances, firm
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Water, Sewers and City Utilities 14A
capacity would be reserved indefinitely without need for annual renewal. (Code 1958, § 30B-4; Ord. No. 80-10, § 1, 4-1-80; Ord. No. 80-21, § 1, 6-3-80; Ord. No. 83-37, §§ 1—4, 10-18-83;
Ord. No. 90-35, § 1, 9-18-90; Ord. No. 91-59, § 1, 8-20-91; Ord. No. 93-03, § 1, 4-8-93; Ord. No. 97-02, § 1, 2-4-97; Ord. No. 02-045, § 4, 8-20-02; Ord. No. 07-023, § 4, 9-2-07; Ord.
No. 07-034, § 2, 11-13-07; Ord. No. 08-018, § 2, 7-15-08; Ord. 13-016, § 2, 6-18-13)
Cross references-Service charges, § 26-8; monthly rates, § 26-9.
Secs. 26-35—26-37. Reserved.
Editor’s note—Ord. No. 13-016, § 3, adopted 6-18-13, deleted Section 26-35, Additional charge, regarding increased water and sewer connection charges and capital improvement fees related
to a change in property use.
[Tables appear on the following pages]
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14B Boynton Beach Code
Water, Sewers and City Utilities 15
PALM BEACH COUNTY HEALTH DEPARTMENT
“GUIDELINES”
Estimated Sewage Flows
Equivalent Equivalent
Sewage Flow Dwelling Water Usage Dwelling
Gallons/Day Units Gallons/Day Units
Single-Family Homes:
(a) One-bedroom-One dwelling unit 250 1.0 312 1.0
(b) Two-bedroom 350 1.4 437 1.4
(c) Three-bedroom 450 1.8 562 1.8
(d) Four-bedroom 500 2.0 625 2.0
(e) Five-bedroom 550 2.2 687 2.2
(f) Additional bedroom, each 50 62
Apartment House:
(a) One-bedroom 200 0.8 250 0.8
(b) Two-bedroom 300 1.2 375 1.2
(c) Three-bedroom 400 1.6 500 1.6
Mobile Home Park, per unit:
Independent 250 1.0 312 1.0
Dependent 100 0.4 125 0.4
Motels or Hotels, with one-bedroom units,
per unit 100 0.4 125 0.4
Laundries (coin-operated), per machine 400 1.6 500 1.6
Office Buildings, per employee 20 25
Schools, per pupil:
Day, cafeteria and showers 20 25
Day, cafeteria or lunch room 15 19
Boarding 75 93
Service Stations:
First bay 1000 4.0 1250 4.0
Each additional bay 500 2.0 625 2.0
Churches, per sanctuary seat 5—7
Restaurants (including toilets):
(a) Twenty-four-hour, per seat 50 62
(b) Not twenty-four-hour, per seat 35 44
(c) Bars and cocktail lounges, per seat 35 44
(d) Drive-in, per car space 50 62
(e) Vending machine restaurants, per
seat 70 88
(f) Tavern (very little food service), per
seat 20 25
Hospitals, per bed 200 250
Nursing and Rest Homes, per person
Camps:
(a) Day (no meals), per person 20 25
(b) Luxury, private bath, per person 100 125
(c) Labor, per person 75 93
(d) Youth and recreation, per person 50 62
Vacation Cottages, per person 50 62
Institutions, per resident 100 125
16 Boynton Beach Code
Equivalent Equivalent
Sewage Flow Dwelling Water Usage Dwelling
Gallons/Day Units Gallons/Day Units
Theaters:
Indoor, per person 3 4
Outdoor, per car 5 7
Travel Trailer, per unit 75 93
Stores 400 1.6 500 1.6
Factories, per person per shift 15 19
Picnic Parks (with floor toilets), per person 10 13
Airport, per passenger 3 4
Barbershop, per chair 85 107
Beauty Shop, per booth 100 125
Bowling Alley, (per lane) 200 250
Child Care Centers 20 25
Child Care Centers (with food) 35 44
Shopping Centers:
(a) Per square foot floor space (no food
service or laundry) 0.1 0.125
Structured Not Listed Above:
Daily flow must be estimated by a
registered professional engineer
in accordance with published rules
of the State of Florida, Department
of Environmental Regulation.
(Ord. No. 80-10, 4-1-80)
Water, Sewers and City Utilities 17
ARTICLE III. WATER SHORTAGE PLAN*
*Editor's note-Ord. No. 85-36, § 1, adopted May 7, 1985, provided for the repeal of §§ 26-38—26-45, being Art. III, Curtailment of nonessential uses of water during water shortage,
as derived from Ord. No. 80-15, §§ 1—7, 10, adopted May 14, 1981; and Ord. No. 81-24, § 1, adopted July 21, 1981; and enacted in lieu thereof new provisions relative to similar subject
matter to read as herein set out. Prior to the 1981 provisions, Art. III, §§ 26-38—26-45, had pertained to water use in emergency situations as derived from the 1958 Code, §§ 30C-1—30C-8.
Sec. 26-38. Intent and purpose.
It is the intent and purpose of this article to protect the water resources of the City of Boynton Beach from the harmful effects of over-utilization during periods of water shortage
and allocate available water supplies by assisting the South Florida Water Management District in the implementation of its water shortage plan. (Ord. No. 85-36, § 1, 5-7-85)
Sec. 26-39. Definitions.
For the purpose of this article, the following terms, phrases, words and their derivatives shall have the meaning given herein; when not inconsistent with the context, words used in
the present tense include the future, words in the plural include the singular, and words in the singular include the plural; the word “shall” is always mandatory and not merely directory:
District is the South Florida Water Management District.
Person is any person, firm, partnership, association, corporation, company or organization of any kind.
Water resource means any and all water on or beneath the surface of the ground, including natural or artificial water courses, lakes, ponds, or diffused
surface water, and water percolating, standing, or flowing beneath the surface of the ground.
Water shortage condition is when sufficient water is not available to meet present or anticipated needs of persons using the water resource, or when conditions are such as to require
temporary reduction in total water usage within a particular area to protect the water resource from serious harm. A water shortage usually occurs due to drought.
Water shortage emergency means that situation when the powers which can be exercised under Part II of Chapter 40E-21, Florida Administrative Code, are not sufficient to protect the
public health, safety or welfare, or the health of animals, fish or aquatic life, or a public water supply or commercial, industrial, agricultural, recreational or other reasonable uses.
Water shortage phase means a phase of water shortage declared by the district and as established by Rule 40E-21.251, Florida Administrative Code.
(Ord. No. 85-36, § 1, 5-7-85; Ord. No. 02-045, § 5, 8-20-02)
Sec. 26-40. Application of article.
The provisions of this article shall apply to all persons using the water resource within the geographical areas subject to the “water shortage” or “water shortage emergency,” as determined
by the district, whether from public or privately owned water utility systems, private wells, or private connections with surface water bodies. This article shall not apply to persons
using treated effluent or saltwater. (Ord. No. 85-36, § 1, 5-7-85)
Sec. 26-41. Incorporation of water shortage plan
and amendments into Code.
Chapter 40E-21, Florida Administrative Code, as same may be amended from time to time, is incorporated herein by reference, as part of the City Code. (Ord. No. 85-36, § 1, 5-7-85)
2002 S-18
18 Boynton Beach Code
Sec. 26-42. Declaration of water shortage; water
shortage emergency.
The declaration of a water shortage or water shortage emergency within all or any part of the City of Boynton Beach by the governing board or the executive director of the district
shall invoke the provisions of this article. Upon such declaration, all water use restrictions or other measures adopted by the district applicable to the City of Boynton Beach, or any
portion thereof, shall be subject to enforcement action pursuant to this article. Any violation of the provisions of Chapter 40E-21, Florida Administrative Code, or any order issued
pursuant thereto, shall be a violation of this article.
(Ord. No. 85-36, § 1, 5-7-85; Ord. No. 02-045, § 6, 8-20-02; Ord. No. 07-018, § 2, 8-7-07)
Sec. 26-43. Enforcement.
Every police officer or sheriff having jurisdiction in the area governed by this article shall, in connection with all other duties imposed by law, diligently enforce the provisions
of this article. In addition, the city manager may also delegate enforcement responsibility for this article to agencies and departments of city government, or cities in the service
areas governed by this article, in accordance with state and local law. (Ord. No. 85-36, § 1, 5-7-85)
Sec. 26-44. Penalties.
Violation of any provision of this article shall be subject to the following penalties:
First violation: twenty-five dollars ($25.00)
Second and subsequent violations: Fine not to exceed five hundred dollars ($500.00) and/or imprisonment in the county jail not to exceed sixty (60) days
Each day in violation of this article shall constitute a separate offense. In the initial stages of a water shortage or water shortage emergency, law enforcement officials may provide
violators with no more than one (1) written warning. The city, in addition to the criminal sanctions contained herein, may take any other appropriate legal action, including but not
limited to emergency injunctive action, to enforce the provisions of this article. (Ord. No. 85-36, § 1, 5-7-85)
Sec. 26-45. Water users to accept provisions of
article.
No water service shall be furnished to any person by a public or private utility unless such person agrees to accept all the provisions of this article. The acceptance of water service
shall be in itself the acceptance of the provisions thereof. (Ord. No. 85-36, § 1, 5-7-85)
Secs. 26-46—26-55. Reserved.
ARTICLE IV. SEWERS
DIVISION 1. GENERALLY
Sec. 26-56. “Fixture” defined.
Within the meaning of this article, a fixture is a plumbing fixture or drain that connects to the sewer, including a toilet, wash basin or lavatory, bathtub or shower, laundry tub,
kitchen sink, slop or wash sink, washing machine drain, or any fixture, machine, equipment or device connected to or discharging into the sewer. (Code 1958, § 23A-1; Ord. No. 13-032,
§ 2, 11-19-13)
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Water, Sewers and City Utilities 19
Sec. 26-57. Connections required.
(a) The owner, tenant or occupant of each lot or parcel of land within the city which abuts upon a street or other public way containing a sanitary sewer served or which may be served
by the sewage disposal system and upon which lot or parcel a building has been or shall be constructed for residential, commercial or industrial use, shall within thirty (30) days after
the placing of the sewage disposal system in operation and the construction of all connections thereto from such sanitary sewer, or within thirty (30) days after the construction of
such building, connect such building with such sanitary sewer, and shall cease to use any other method for the disposal of sewage, sewage waste
or other polluting matter.
(b) The owner shall be responsible to maintain, repair, and replace, as necessary all sewer laterals and appurtenances serving the owner's property, and which are not located within
the city rights-of-way. The clearing of any blockages within the sewer lateral is included within this obligation.
(1) A sewer lateral is that portion of sewer pipe, which connects a structure to a sewer main. Appurtenances to the sewer lateral include, but are not limited to the fitting to which
the owner's plumbing is connected, the clean-out and plug, and any markings or devices installed as an aid to locating the service connection.
(2) Except as provided in this section, any portion of the sewer lateral located within the city rights-of-way, once accepted by the city, is the responsibility of the city. All other
portions of the sewer lateral are the responsibility of the property owner.
(3) Should the city determine that blockage in any portion of the sewer lateral has occurred as a result of root intrusion from a tree located on non-city property, the owner of the
property where the tree is located shall reimburse the city for any costs and expenses incurred by the city in repairing or replacing the sewer lateral and restoring the streets, sidewalks,
or other areas affected by the necessitated repair or replacement.
(4) No modification, repair or replacement of a sewer lateral within the public right-of-way shall be performed without the written consent of the city utility department.
(5) Nothing herein shall be construed to prohibit the city from performing any repairs or replacement of sewer laterals in the public rights-of-way.
(6) The city shall not be responsible for, nor will the city provide reimbursement for claims of costs incurred by property owners to clear blockages to any sewer lateral, including
any and all damage within the residence or structure, without a written agreement, entered into prior to the commencement of any work on the sewer lateral.
(7) In the event of an emergency and in order to protect the public health and safety, the city may perform repairs to the sewer lateral on private property. Wherever possible, the
city shall, at a minimum, make reasonable attempts to notify the property owner of the need for repairs to the sewer lateral. In the event the city performs repairs under this subsection,
the city shall be entitled to reimbursement by the property owner of all costs and expenses incurred for such emergency work. (Code 1958, § 23A-2; Ord. No. 04-074, § 2, 9-21-04; Ord.
No. 13-032, § 2, 11-9-13)
Sec. 26-58. Reserved.
Editor's note-Ord. No. 82-37, § 1, adopted Oct. 6, 1982, repealed § 26-58, prescribing service charges, derived from Code 1958, § 23A-3.
Sec. 26-59. Additional charge for and treatment
of industrial sewage.
In cases where the character of sewage from any manufacturing or industrial plant, building or premises is such that it imposes a burden upon the sewage disposal system in addition
to the burden imposed by the average sewage entering the sewer system, such additional charge shall be made therefor as the city commission shall, with the approval of the consulting
2014 S-43
20 Boynton Beach Code
engineers, deem to be fair and equitable to meet the additional cost of collection, treatment and disposal of such sewage, or the city commission may, if it deems advisable, compel the
owner, tenant or occupant of such manufacturing or industrial plant, building or premises to treat such sewage in such manner as shall be specified by the city commission before discharging
such sewage into the sewer system of the city.
In cases where the character of the sewage from any manufacturing or industrial plant, building or premises is such that it imposes a burden upon the sewage disposal system the city
commission may, with the approval of the consulting engineers, grant such reduction in the amount of the sewer service charges as it shall deem fair and equitable. (Code 1958, § 23A-4;
Ord. No. 13-032, § 2, 11-9-13)
Sec. 26-60. Free service prohibited.
There shall be no free services rendered by the sewage disposal system and all users of the service and facilities of the sewage disposal system shall pay for the use of such services
and facilities at the established rates. (Code 1958, § 23A-5; Ord. No. 13-032, § 2, 11-9-13)
Sec. 26-61. Collection of service charge.
(a) The sewer service charges shall become effective, as to each lot or parcel of land which may be connected with the sewage disposal system by or through any part of the sewer system
of the city, upon the placing of the sewage disposal system in operation and the construction of all connections thereto from the sanitary sewer serving such lot or parcel.
(b) In all cases where water is furnished by the water department of the city, the amount of the sewer service charges shall be included in the bills for water rendered by the city.
In all cases where water is furnished by any plant or system other than the water department of the city, bills shall be rendered for the amount of such sewer service charges in the
same manner as bills are rendered for water.
(c) All bills for sewer service charges shall be either hand delivered to the customer monthly, or by way of the United States Postal Service, and shall be due when rendered. If not
paid within thirty (30) days of the original billing date, such sewer service charge shall be added to the next monthly bill and shown thereon as a delinquent item. Should the customer
fail to pay said delinquent item immediately, the city may thereafter, and without further notice to the customer, disconnect the service, discontinue furnishing water to such premises,
and, if the amount of the total bill exceeds the amount of the customer's water meter deposit, it may also disconnect such meter. Further, the city shall proceed forthwith to recover
the amount due on said bill in such lawful manner as it may deem advisable.
(d) If any bill for sewer service charges rendered in connection with any premises not connected with the water system shall not be paid within thirty (30) days from the rendition of
such bill, the owner, tenant or occupant of such premises shall cease to dispose of sewage or industrial wastes originating from or on such premises by discharge thereof directly or
indirectly into the sewer system of the city until such sewer service charges, with interest, shall be paid, and if such owner, tenant or occupant shall not cease such disposal at the
expiration of such thirty (30) day period, the city shall disconnect such premises from the sewer system and the city commission shall proceed forthwith to recover the amount of such
sewer service charges in such lawful manner as it may deem advisable. (Code 1958, § 23A-7; Ord. No. 13-032, § 2, 11-9-13)
Sec. 26-62. Trespass on property of system.
Any person who wrongfully, or without authority enters any enclosure or buildings of the sewage disposal system shall be deemed to have entered with the intention of committing a trespass
on said land or building, and every person so trespassing shall be guilty of a violation of this Code. (Code 1958, § 23A-8; Ord. No. 13-032, § 2, 11-9-13)
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Secs. 26-63—26-72. Reserved.
DIVISION 2. RESERVED*
*Editor's note-Formerly. Div. 2, §§26-73—26-92, pertained to discharges to regional treatment facility. Such provisions, derived from Ord. No. 86-59, § 2, adopted Dec. 16, 1986, and
Ord. No. 89-40, §§ 1—5, adopted Nov. 7, 1989, were repealed by Ord. No. 93-8, title, adopted May 18, 1993.
Secs. 26-73—26-99. Reserved.
DIVISION 3. RESERVED**
**Editor's note-Ord. No. 93-8, adopted May 18, 1993, provided by title for the deletion of Div. 3, §§ 26-100—26-104, which pertained to wholesale user charge and industrial cost recovery.
Such provisions were derived from Ord. No. 79-31, §§ 1—5, adopted Nov. 21, 1979.
Secs. 26-100—26-111. Reserved.
DIVISION 4. 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; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
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; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
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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; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
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
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(l)(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.
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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 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 U.S.C. 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, hereby 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.
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
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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.
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.
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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
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
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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.
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 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.
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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;
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
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the Treatment Works (excluding domestic wastewater, noncontact cooling and boiler blowdown wastewater);
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;
(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 noncompliance; 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)(l)(vi)(B) of the Act.
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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 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; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
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; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
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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; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
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; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
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; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13) 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; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13) 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; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13) 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; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13) Penalty, see Sec. 26-177
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; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13) Penalty, see Sec. 26-177
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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; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13) 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; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
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 application is filed.
(Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13) 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; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
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; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13) 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; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
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; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13) Penalty, see Sec. 26-177
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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; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13) 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; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
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; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13) 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; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
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; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
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
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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; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
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; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13) 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; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
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; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13) 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; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
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; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13) 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
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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:
(a) Flammable or explosive liquids, solids, or gases, including, but not limited to, gasoline, 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.
(d) Any liquid having a temperature higher than 150° F. or causing the wastewater 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 substances which may solidify or become viscous at temperatures between 32° F. and 150°
F. (0° 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 applicable State or Federal regulations.
(l) Sludges, screenings, or other residues from the pretreatment of industrial wastes.
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(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, ina 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 ½ 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.
(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.
(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.
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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; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
Sec. 26-143. 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.
(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; Ord. No. 01-58, § 2, 12-4-01; Ord. 10-002, § 2, 1-19-10; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13) Penalty,
see Sec. 26-177
Sec. 26-144. Interceptors.
(a) Grease, oil, hair, lint and sand interceptions are to be provided when, in the judgement of the Utilities Director, they are necessary for the proper handling of liquid wastes containing
grease or any other restricted substance 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.
(b) All new and existing businesses or industries that wash cars will be required to install and maintain an oil/water separator in the sewer service discharge. For outdoor car washing,
the wash pad must be sheltered so stormwater will not be discharged to the sanitary sewer system. Complete containment of all car wash areas using curbing or mountable traffic bumps
as required to prevent runoff of wash discharge to storm drainage facilities. All new and existing businesses or industries that use petroleum based products in day to day activities
will be required to install an oil/water separator in the sewer service discharge if floor drains connect to the sanitary sewer. No domestic effluent shall be allowed to discharge through
the oil/water separator as stated in the plumbing code section of the Florida Building Code.
(c) All units have to meet the standards of the Florida Plumbing Code effective March 1, 2009. If a later edition of this code or subsequent amendments is made to the applicable minimum
code, then those revisions or subsequent amendments shall
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automatically become the adopted code under this chapter.
(Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
Sec. 26-145. 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 functions
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; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13) Penalty, see Sec. 26-177
Sec. 26-146. 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 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:
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, F.A.C. (also see 26-158).
(d) When required by the Utilities Director, any establishment discharging industrial or commercial wastes into the sewer system
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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. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13) Penalty, see Sec. 26-177
Sec. 26-147. Oil and grease management and surcharge programs.
(a) Purpose and Intent. The purpose of this section is to provide for the implementation of the oil and grease management program and the surcharge program. The objective of the oil
and grease management program is to minimize the introduction of fat-soluble wastes to the collection system. The objective of the surcharge program is to recover the costs from users
for receiving and treating abnormally high-strength compatible wastes, such as CBOD and total suspended solids (TSS).
(b) Oil and Grease Prevention Program.
(1) The discharge by a user to the public sewer of certain liquids or wastes is prohibited unless authorized under the provisions of this section.
(2) Wastes which contain oil and grease may be discharged to the public sewer in accordance with the conditions set forth in this section.
(3) Wastes containing oil and grease, including materials processed through garbage grinders, shall be directed to a grease interceptor or trap.
(4) Wastes containing residual (trace amounts] petroleum-based oil and grease shall be directed to an oil/water separator.
(5) Sanitary facilities and other similar fixtures shall not be connected or discharged to an oil and grease interceptor or an oil/water separator.
(6) Liquid wastes shall be discharged to an oil and grease interceptor or oil/water separator through the inlet pipe only and in accordance with the design/operating specifications
of the device.
(7) Oil and grease interceptors and oil/water separators shall be installed in an outdoor location that provides easy access at all times for inspections, cleaning and proper maintenance,
including pumping.
(8) Minimum removal efficiency for oil and grease interceptors for animal fats and vegetable oils shall be eighty (80) percent. Minimum removal efficiency for oil/water separators for
trace petroleum based wastes shall be ninety (90) percent.
(9) The Utilities Director may request that the nonresidential user provides documentation on the design and performance of the oil and grease interceptor or oil/water separator, including
but not limited to catalog cuts, performance data, materials of construction, installation instructions and operation and maintenance manual.
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(10) The Utilities Director at his/her discretion may assign a nonresidential user to the surcharge program if, in his/her opinion, discharges from the nonresidential connection will
have a negative impact on the Treatment Works.
(c) Design.
(1) Oil and grease interceptors and oil/water separators shall be designed and constructed in accordance with this section, the Utilities' Engineering Design Handbook and Construction
Standards, latest edition and other applicable state and local regulations. Design and construction shall be approved by the Utilities Director.
(2) The design of oil/water separators shall be based on peak flow and, where applicable, capable of treating and removing emulsions. Oil/water separators shall be sized to allow efficient
removal (retention) of the petroleum-based oils and grease from the user's discharge to the public sewer.
(3) Alternative oil, and grease removal devices or technologies shall be subject to written approval by the Utilities Director and shall be based on demonstrated (proven) removal efficiencies.
Under-the-sink oil and grease interceptors are prohibited for new facilities, except as approved bv the Utilities Director for existing facilities with limited food preparation and cooking
such as some bakeries and warming kitchens.
(4) An adequate number of inspection and monitoring points, such as a control manhole or inspection box, shall be provided.
(d) Capacity. The capacity of the approved oil and grease interceptor and oil/water separator shall be in accordance with the requirements set forth in the latest edition of the Utilities'
Engineering Design Handbook and Construction Standards. The Utilities Director may modify the requirements on a case by case basis.
(e) Maintenance.
(1) Cleaning and maintenance shall be performed by the user. Cleaning shall include the complete removal of all contents including floating materials, wastewater, and bottom sludge
and solids.
(2) Decanting, backflushing or discharging of removed wastes back into the oil and grease interceptor of (for) oil/water separator from which the waste was removed or any other oil
and grease interceptor or oil/water separator, for the purpose of reducing the volume to be hauled and disposed is prohibited.
(3) Oil and grease interceptors and oil/water separators shall be pumped out completely at a minimum frequency of once every ninety (90) days, or more frequently as needed to prevent
carryover of oil and grease into the collection system. Under-the-sink oil and grease traps shall be cleaned at a minimum frequency of once per week, or more often as necessary to prevent
pass through of grease and other food solids to the collection system. Cleaning and maintenance shall include removal of materials from the tank walls, baffles, cross pipes, inlets and
outlets.
(4) Pumping frequency shall be determined by the Utilities Director based on flows, quantity of oil and grease in the discharge, volume of business, hours of operations and seasonal
variations. However, in no event shall the time frame between the pumping of the oil/water interceptor or oil/water separator exceed ninety (90) days. The user shall be responsible for
maintaining the oil and grease interceptor or oil/water separator in a satisfactory condition for efficient operation. An interceptor shall be considered to be out of compliance if the
grease layer on top exceeds six (6) inches and the solids layer on the bottom exceeds twelve (12) inches or if removal efficiencies as determined through sampling and analysis indicate
less than eighty (80) percent.
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(5) Wastes removed from each oil and grease interceptor or oil/waste separator shall be disposed of at a facility permitted to receive such washes or a location designated by the city
for such purposes in accordance with the provisions of this section. In no way shall the pumpage be returned to any private or public portion of the collection system or the treatment
plants without prior written approval from the Utilities Director.
(6) Additives placed into the oil and grease interceptor, (oil/water separator) or building discharge line on a constant, regular or scheduled basis shall be reported to the Utilities
Director in writing at least five (5) days prior to use. Such additives include, but are not limited to, emulsifiers, enzymes, commercially available bacteria or other additives designed
to absorb, purge, consume, treat or otherwise eliminate grease and oils. Any use of additives shall be approved in writing by the Utilities Director prior to introduction into the waste
stream, interceptor or separator. The use of additives, shall, in no way be considered as a substitution for the maintenance procedures required herein.
(f) Facility information.
(1) A log of pumping activities shall be maintained by the user for the previous twelve (12) months The log of pumping activities shall be posted in a conspicuous location for immediate
access by city personnel. The log shall include the date, time, volume pumped, hauler's name and license number and hauler's signature. The user shall report pumping activities within
forty-eight (48) hours to the Utilities Director on the form so designated by the city for such purposes.
(2) The user shall maintain a file on site of the records and other documents pertaining to the facility's oil and grease interceptor or oil/water separator. Required file contents
shall include, as a minimum, the record (as-built) drawings, record of inspections, log of pumping activities and receipts, log of maintenance activities, hauler information, disposal
information and monitoring data. The file shall be available at all times for inspection and review by the Utilities Director.
(g) Enforcement and Noncompliance.
(1) Noncompliance with the requirements of this section may result in enforcement action by the city including, but not limited to, termination of water service.
(2) The user shall pay all outstanding fees, penalties and other utility charges prior to reinstatement of water and sewer service.
(3) Any user in the oil and grease management program found in violation of the provisions in this section, and any orders, rules, regulations and permits that are issued pursuant to
the chapter, shall be served by the Utilities Director with written notice by personal delivery or by registered or certified mail that states the nature of the violation and providing
a reasonable time limit for satisfactory correction of the violation. The affected user shall permanently cease all violations within the time period specified in the notice.
(Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99; Ord. 10-002, § 2, 1-19-10; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13) Penalty, see Sec. 26-177
Subdivision E. National Categorical Pretreatment
Standards
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
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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), F.A.C.
(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), F.A.C.
(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,
F.A.C., 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, F.A.C.
(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
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; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13) 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
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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; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
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; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
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; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13) 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.
(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.
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(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; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13) 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; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13) Penalty, see Sec. 26-177
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; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13) 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
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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
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; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13) Penalty, see Sec. 26-177
Subdivision F. Reporting, Inspections, and
Monitoring
Sec. 26-156. Compliance reporting requirements.
(a) Baseline Report. Within ninety (90) days after the effective date of a pretreatment standard, existing industrial users currently discharging to, or scheduled 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.
(b) 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
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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 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; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
Sec. 26-157. Other reporting requirements.
(a) Periodic Compliance Report. Each significant user and/or permittee, except nonsignificant 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.
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(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.
(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 them 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 be 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 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 Section 26-161(e).
(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 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 Section 26-115,
must annually submit the following certification statement, signed in accordance with the signatory requirements
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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 Section 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; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
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, 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
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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; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
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).
(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; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
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
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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.
(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;
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(5) Process for seeking a waiver for a pollutant neither present nor expected to be present in the 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 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;
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(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:
(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);
(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; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
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Sec. 26-161. Application for permits; contents.
(a) Contents of Application. All users required to obtain a wastewater discharge permit 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 F.A.C. 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 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 F.A.C. 62-625.600(1l) 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
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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; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
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:
(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 $/l,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.
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(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.
(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:
Allowable
Percent Level of
of Effect Sewage
Parameter on Costs Strength
BOD-5 41 400 mg/l (ppm)
TSS 15 400 “ ”
COD 41 800 “ ”
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
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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; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
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 nonpayments. 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 Protectionor the United States Environmental Protection Agency.
(Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
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.
(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; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
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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; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
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; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13) Penalty, see Sec. 26-177
Subdivision I. Administration
Sec. 26-167. Responsibility for treatment and disposal.
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; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
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; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
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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 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; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13) Penalties, see Sec. 26-177
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.
(Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
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; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
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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 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; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
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
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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; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
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; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13) 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; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
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 Section 26-142
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 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
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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. 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 is for essential maintenance to assure
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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 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; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
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)(l)(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
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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.
(Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99; Ord. 10-002, § 2, 1-19-10; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
Secs. 26-178—26-204. Reserved.
ARTICLE V. CROSS-CONNECTION
CONTROL AND BACKFLOW PREVENTION*
*Editor's note-Formerly, Art. V contained §§ 26-105—26-111. Such sections were renumbered as §§ 26-205—26-211 by Ord. No. 93-8, title, adopted May 18, 1993.
Sec. 26-205. Short title.
This article shall be known as “The Boynton Beach Cross-Connection Control and Backflow Prevention Ordinance”.
(Ord. No. 90-51, § 1, 11-7-90; Ord. No. 13-032, § 2, 11-9-13)
Sec. 26-206. General.
The purpose of this section is to establish the city’s requirements for the prevention of backflow and the control of cross connections in the interest of protecting the city’s public
water system.
In accordance with Florida Administrative Code, 62-555.360(2), community water systems are required to establish a routine cross-connection control program for the purpose of detecting
and controlling cross-connection and to prevent backflow of contaminants into the public water system.
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(a) Cross-connections, as defined in Rule 62-550.200, F.A.C., are prohibited. The Utilities Department maintains an ongoing backflow prevention and cross-connection control program
to protect its public water system from the hazards originating on the premises of its customers and from temporary connections that may impair or alter the water in the public water
system. The return of any water to the Utilities Department’s public water system after the water has been used for any purpose on the customer’s premises or has been within the customer’s
piping system is not permitted.
(b) New services of potable or reclaimed water will not be activated until the Department is satisfied that no uncontrolled cross-connection exists. No customer shall create or allow
others to create a cross-connection involving potable and reclaimed water lines. In addition, the customer’s auxiliary water supplies shall not be interconnected with the Department’s
public water supply system.
(c) In the event of contamination of the utilities department’s or customer’s water system due to backflow on the customer’s premises, the customer shall promptly take steps to confine
further spread of contamination and shall immediately notify the Utilities Department.
(Ord. No. 13-032, § 2, 11-9-13)
Sec. 26-207. Definitions.
The following terms and phrases when used in this article shall have the meaning ascribed to them in this section except where the context clearly indicates a different meaning. Words
used in the present tense shall include the future, and the singular number includes the plural, and the plural the singular.
(1) Air-gap: The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture,
or other device and the flood level rim of such vessel. An approved air-gap shall be at least double the diameter of the supply pipe; measured vertically, above the top of the rim
of the vessel and, in no case, less than two inches. When an air-gap is used at the service connection to prevent the contamination or pollution of the public potable water system, an
emergency bypass shall be installed in the bypass system which shall include an approved back-flow prevention device.
(2) Approved: Accepted by the director of utilities as meeting an applicable specification stated or cited in this section, or as suited for the proposed use.
(3) Auxiliary water supply: Any water supply on, or available to, the premises other than the purveyor's approved public potable water supply. These auxiliary waters may include water
from another purveyor's spring, river, stream, harbor, or the like, or “used waters” or “industrial fluids”. These waters may be polluted or contaminated or they may be objectionable
and constitute an unacceptable water source over which the water purveyor does not have sanitary control.
(4) Backflow: The flow of water or other liquid, mixture or substance under pressure into the distributing pipes of a potable water supply system from any source or sources other than
its intended source.
(5) Backflow preventer: A device or means designated to prevent backflow or back-siphonage.
(6) Back-siphonage: The flow of water or other liquid, mixture or substance into the distributing pipes of a potable water supply stream from any source other than its intended source
caused by the sudden reduction of pressure in the potable water supply system.
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(7) Contamination: Any impairment of the quality of potable water by sewage, industrial fluids, waste liquids, compounds, or other materials to a degree which creates a potential actual
hazard to the public health through poisoning or through the spread of disease.
(8) Cross-connection: Any physical connection or arrangement of piping or fixtures between two otherwise separate piping systems, one of which contains potable water and the other
nonpotable water or industrial fluids of questionable safety, through which, or because of which, backflow or back-siphonage may occur into the potable water system. A water service
connection between a public potable water distribution system and a customer’s water distribution system which is cross-connected to a contaminated fixture, industrial fluid system,
or with a potentially contaminated supply or auxiliary water system, constitutes one type of cross-connection. Other types of cross-connections include connectors such as swing connections,
removable sections, four-way plug valves, spools, dummy sections of pipe, swivel or changeover devices, sliding multiport tube, solid connections, and the like.
a. Cross-connection control by containment: The installation of an approved backflow prevention device at the water service connection to any customer's premises where it is not physically
and economically feasible to find and permanently eliminate or control all actual or potential cross-connections within the customer's water system; or the installation of an approved
backflow prevention device on the service line leading to and supplying a portion of a customer's water system where there are actual or potential cross-connections which cannot be effectively
eliminated or controlled at the point of cross-connection.
b. Cross-connection controlled: A connection between a potable water system and a nonpotable water system with an approved backflow prevention device properly installed that will continuously
afford the protection commensurate with the degree of hazard.
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(9) Double check valve assembly: An assembly of two (2) independently operating approved check valves with tightly closing shutoff valves on each side of the check valves, plus properly
located test cocks for the testing of each check valve. The entire assembly shall meet the design and performance specifications and approval of a recognized and city-approved testing
agency for backflow prevention devices. To be approved, these must be readily accessible for in-line maintenance and testing.
(10) Hazard, degree of. The term is derived from an evaluation of the potential risk to public health and the adverse effect of the hazard upon the potable water system, and shall
include:
a. Hazard, health: Any condition, device or practice in the water supply system and its operation which could create or, in the judgment of the director of utilities, may create a danger
to the health and well-being of the water consumer. An example of a “health hazard” is a structural defect, including a cross-connection, in the water supply system.
b. Hazard, plumbing: A plumbing-type cross-connection in a consumer's potable water system that has not been properly protected by a vacuum breaker, air-gap separation, or backflow prevention
device. Unprotected plumbing-type cross-connections are considered to be a health hazard.
c. Hazard, pollutional: An actual or potential threat to the physical properties of the water system or to the potability of the public or the consumer's potable water system but which
would constitute a nuisance or be aesthetically objectionable or could cause damage to the system or its appurtenances, but would not be dangerous to health.
d. Hazard, system: An actual or potential threat of severe damage to the physical properties of the public potable water system or the consumer's potable water system or of a pollutant
or contaminant which would have a protracted effect on the quality of the potable water in the system.
(11) Industrial fluids system: Any system containing a fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration such
as would constitute a health, system, pollutional or plumbing hazard if introduced into an approved water supply. This may include, but shall not be limited to: polluted or contaminated
waters; all types of process waters and “used waters” originating from the public potable water system which may have deteriorated in sanitary quality; chemicals in fluid form; plating
acids and alkalis; circulated cooling waters connected to an open cooling tower and/or cooling waters that are chemically or biologically treated or stabilized with toxic substances;
contaminated natural waters such as from wells, springs, streams, rivers, bays, harbors, irrigation canals or systems, and the like; and oils, gases, glycerine, paraffins, caustic and
acid solutions, and other liquid and gaseous fluids used in industrial or other purposes or for fire-fighting purposes.
(12) Pollution: The presence of any foreign substance (organic, inorganic or biological) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness
or quality of the water to a degree which does not create an actual hazard to the public health but which does adversely and reasonably affect such waters for domestic use.
(13) Pressure-type vacuum breaker: An assembly used to isolate entire irrigation lines from potable water systems. It has the ability to
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withstand supply pressure for long periods and to prevent backflow of toxic and nontoxic water into the potable water system in back-siphonage conditions. To be approved, these devices
must be readily accessible for in-line maintenance and testing.
(14) Purveyor or Water purveyor. The owner or operator of the public potable water system supplying an approved water supply to the public.
(15) Reduced pressure principle device: An assembly of two (2) independently operating approved check valves with an automatically operating differential relief valve between the
two (2) check valves, tightly closing shutoff valves on either side of the check valves, plus properly located test cocks for the testing of the check and relief valves. The entire assembly
shall meet the design and performance specifications and approval of a recognized and city approved testing agency for backflow prevention assemblies. The device shall operate to maintain
the pressure in the zone between the two (2) check valves at a level less than the pressure on the public water supply side of the device. At cessation of normal flow, the pressure between
the two (2) check valves shall be less than the pressure on the public water supply system side of the device. In case of leakage of either of the check valves, the differential relief
valve shall operate to maintain the reduced pressure in the zone between the check valves by discharging to the atmosphere. When the inlet pressure is two (2) pounds per square inch
or less, the relief valve shall open to the atmosphere. To be approved, these devices must be readily accessible for in-line maintenance and testing and be installed in a location where
no part of the device will be submerged.
(16) Water:
a. Water, nonpotable: Water which is not safe for human consumption or which is of questionable potability.
b. Water, potable: Any water which, according to recognized standards, is safe for human consumption.
c. Water, service connections: The terminal end of a service connection from the public potable water system; that is, where the water purveyor loses jurisdiction and sanitary control
over the water at its point of delivery to the customer's water system. If a meter is installed at the end of the service connection, the service connection shall mean the downstream
end of the meter. There should be no unprotected takeoffs from the service line ahead of any meter or backflow prevention device located at the point of delivery to the customer's water
system. “Service connection” shall also include water service connection from a fire hydrant and all other temporary or emergency water service connections from the public potable water
system.
d. Water, used: Any water supplied by a water purveyor from a public potable water system to a consumer's water system after it has passed through the point of delivery and is no longer
under the sanitary control of the water purveyor.
(17) Water system: The water system shall be considered as made up of two (2) parts: The customer system and the utility system.
a. The “customer system” shall include those parts of the facilities beyond the termination of the utility distribution system which are utilized in conveying utility-delivered domestic
water to points of use.
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b. The “utility system” shall consist of the source facilities and the distribution system; and shall include all those facilities of the water system under the complete control of the
utility, up to the point where the customer's system begins (meter). The “source” shall include all components of the facilities utilized in the production, treatment, storage and delivery
of water to the distribution system. The “distribution system” shall include the network of conduits used for the delivery of water from the source to the customer's system.
(Ord. No. 90-51, § 1, 11-7-90; Ord. No. 13-032, § 2, 11-9-13)
Sec. 26-208. Backflow prevention devices; when
required; specifications.
(a) No water service connection to any premises shall be installed or maintained by the water purveyor unless the water supply is protected as required by state law and regulation (Chapter
17-555(b1), Florida Administrative Code) and this article. Service of water to any premises shall be discontinued by the water purveyor if a backflow prevention device required by this
article is not installed, tested and maintained, or if it is found that a backflow prevention device has been removed, bypassed, or if an unprotected cross-connection exists on the premises.
Service will not be restored until such conditions or defects are corrected.
(b) It is the responsibility of the customer and/or his or her designees to determine the size of the backflow prevention assembly. In order to adequately handle the maximum flow of
the water meter, the assembly should be the same size as the meter or larger. It is recognized that if the service line is sized smaller than the meter, the assembly should be the same
size as the service line.
(c) All residential potable water services with 1-1/2" meters or larger shall have a reduced pressure assembly (RPZ) installed.
(d) All non-residential potable water services shall have a reduced pressure assembly installed.
(e) All new residential potable water meters 1" or less must be equipped with a residential dual check valve (RDC).
(f) All residential 5/8" and 1" meters with access to a master-metered reclaimed water irrigation system which is not isolated from the potable water system shall have a residential
dual check valve.
(g) All temporary construction meters shall have a reduced measure assembly (RPZ) installed by the contractor. A combination 5/8" hydrant meter with a built in backflow preventer can
be provided by the city at a higher cost for pressure cleaning or non-construction projects.
(h) Dedicated closed fire sprinkler systems shall have as a minimum a double check detector assembly.
(i) Fire sprinkler systems with a pressure/storage tank, booster pumps, chemical injection, or any auxiliary water supply shall have a reduced pressure detector assembly.
(j) The customer's system should be open for inspection at all reasonable times to authorized representatives of the utilities department to determine whether cross-connections or other
structural or sanitary hazards, including violations of these regulations, exist. When such a condition becomes known, the director of utilities shall deny or immediately discontinue
service to the premises by providing for a physical break in the service line until the customer has corrected the condition in conformance with state and city laws relating to plumbing
and water supplies and the regulations adopted pursuant thereto.
(k) An approved backflow prevention device shall be installed on all temporary water services that are supplied by fire hydrant meter installations. The following requirements shall
apply:
(1) Only city personnel with the appropriate authority can set, lock, move, and relocate fire hydrant meters.
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(2) In the case of short term installations, ten (10) days or shorter durations, the city shall furnish a combined meter and backflow prevention device for normal flow volume requirements.
For larger flows requiring more than three (3) inch meter the customer shall supply the backflow prevention device for the meter installation.
(3) In the case of long-term installations, over ten (10) days period, the customer will be required to supply his/her own back flow prevention device.
(4) The backflow prevention devices shall be tested and approved by a certified plumbing contractor certified by the State of Florida and/or approved by the city, as consistent with
the intent of this section.
(l) An approved backflow prevention device shall be installed on all new multi-family and commercial construction(s) and renovation(s). The owner of such installation(s), or the designee
of the owner, shall report the installation to the Utilities Director within five (5) days after the installation.
(m) An approved backflow prevention device shall be installed on each service line to a customer's water system at or near the property line or immediately inside the building being
served and, in all cases, before the
first branch line leading off the service line, whenever the following conditions exist:
(1) In the case of premises having an auxiliary water supply which is not or may not be safe bacteriologically or [in] chemical quality and which is not acceptable as an additional source
by the director of utilities. The public water system shall be protected against backflow from the premises by installing a backflow prevention device in the service line appropriate
to the degree of hazard.
(2) In the case of premises upon which anyindustrial fluids or any other objectionable substance is handled in such a fashion as to
create an actual or potential hazard to the public water system, the public system shall be protected against backflow from the premises by installing a backflow prevention device
in the service line appropriate to the degree of hazard. This shall include the handling of process waters and waters originating from the utility system which have been subject to deterioration
in quality.
(3) In the case of premises having internal cross-connections that cannot be permanently corrected and controlled, intricate plumbing and piping arrangements, or where entry to all portions
of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not dangerous cross-connections exist, the public water
system shall be protected against backflow from the premises by installing a backflow prevention device in the service line. The type of protective device required shall depend upon
the degree of hazard which exists, as follows:
a. In the case of any premises where there is an auxiliary water supply as stated in this section, the public water system shall be protected by an approved air-gap separation or an
approved reduced pressure principle backflow prevention device.
b. In the case of any premises where there is water or some substance that would be objectionable but not hazardous to health if introduced into the public water system, the public
water system shall be protected by an approved double check valve assembly.
(4) In the case of any premises where there is any material dangerous to health which is handled in such a fashion as to create an actual or potential hazard to the public water system
the public water system shall be protected by an approved air-gap separation or an approved reduced pressure principle
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backflow prevention device. Examples of premises where these conditions may exist include wastewater treatment plants, wastewater pumping stations, chemical manufacturing plants, hospitals,
mortuaries and metal plating plants.
(5) In the case of any premises where there are “uncontrolled” cross-connections, either actual or potential, the public water system shall be protected by an approved air-gap separation
or an approved reduced pressure principle backflow prevention device at the service connection.
(6) In the case of any premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete in-plant cross-connection
survey, the public water system shall be protected against backflow or back-siphonage from the premises by the installation of a backflow prevention device in the service line. In this
case, maximum protection will be required; that is, an approved air-gap separation or an approved reduced pressure principle backflow prevention device shall be installed in each service
to the premises.
(7) An approved backflow prevention device of the type designated shall be installed on each water service connection to the following types of facilities. This list is presented as
a guideline and should not be construed as being complete.
Abbreviations are as follows:
A.G. —Air-gap separation
R.P. —Reduced pressure principle
backflow preventer
D.C.V.A. —Double check valve
assembly
P.V.B. —Pressure vacuum breaker
A.V.B. —Atmospheric vacuum
breaker
Minimum
Type of
Type of Facility Protection
Automotive repair facilities R.P.
Breweries, distilleries, bottling plants R.P.
Car wash with recycling system and/or R.P.
wax educator [applicator]
Chemical plants R.P.
Dairies R.P.
Dentist offices R.P.
Fertilizer plants R.P.
Film laboratory or processing plants R.P.
Fire hydrants D.C.V.A. (?)
Fire sprinkler lines, without pumps D.C.V.A.
Fire sprinkler lines, with booster R.P.
pumps
Food or beverage plants R.P.
Hospitals, clinics, medical buildings R.P.
(parallel)
Irrigation systems R.P. or
(Non-residential) D.C.V.A
Laboratories R.P.
Laundries and dry cleaning plants R.P.
Machine tool plants (health or system R.P.
hazard)
Machine tool plants (pollution hazard) R.P.
Metal processing plant (health or R.P.
system hazard)
Metal processing plant (pollution R.P.
hazard)
Metal plating plant R.P.
Morgues or mortuaries R.P.
Nursing homes R.P.
Packing houses or rendering plants R.P.
Paper products plants R.P.
Pesticides (exterminating companies) A.G. or
R.P.
Petroleum processing plants R.P.
Petroleum storage yards (health or R.P.
system hazard)
Petroleum storage yards (pollutional R.P.
hazard)
Pharmaceutical or cosmetic plants R.P.
Piers, docks or waterfront facilities R.P.
Power plants R.P.
Radioactive material plants R.P.
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50 Boynton Beach Code
Minimum
Type of
Type of Facility Protection
Restaurants R.P.
Sand and gravel plants R.P.
Schools R.P.
Sewage treatment plants R.P.
Sewage pumping stations R.P.
Swimming pools with piped fill line (at A.G. or
pool) R.P.
Tall buildings over three (3) stories R.P.
Veterinary establishments R.P.
(8) For all premises (including residential) in areas serviced by irrigation water from a wastewater reuse system, the public water system shall be protected by an approved double check
valve assembly at the service connection.
(n) Any backflow prevention device required herein shall be of a model and size approved by the director of utilities. The term “approved backflow prevention device” shall mean a device
that has been manufactured in full conformance with the standards established by the American Water Works Association and entitled “AWWA C510 Double Check Valve Backflow Prevention Assembly”
or “AWWA C511 Reduced Pressure Principle Backflow Prevention Assembly” and which has met completely the laboratory and field performance specifications of the Foundation for Cross Connection
Control and Hydraulic Research of the University of Southern California established by the Manual of Cross-Connection Control, 8th Edition, dated June 1988, or the most current issue.
(1) Such AWWA and FCCC and HR standards and specifications have been adopted by the director of utilities. Final approval shall be evidenced by a certificate of approval issued by an
approved testing laboratory certifying full compliance with such AWWA standards and FCCC and HR specifications.
(2) It shall be the duty of the customer-user at any premises where backflow prevention devices are installed, to have certified
inspections and operational tests made at least once per year. In those instances where the director deems the hazard to be great enough, he may require certified inspections at more
frequent intervals. These inspections and tests shall be at the expense of the customer and shall be performed by the device manufacturer's representative, or by a certified tester approved
by the director of utilities.
(3) These devices shall be repaired, overhauled, or replaced at the expense of the customer-user whenever such devices are found to be defective. Records of such tests, repairs and overhauls,
shall be submitted to the director of utilities.
(4) All presently installed backflow prevention devices which do not meet the requirements of this section but were approved devices for the purposes described herein at the time of
installation and which have been properly maintained shall, except for the inspection maintenance requirements, be excluded from the requirements of those rules so long as the director
of utilities is assured that they will satisfactorily protect the public potable water supply system. Wherever the existing device is moved from the present location or requires more
than minimum maintenance, or when the director of utilities finds that the maintenance constitutes a hazard to health, the unit shall be replaced by a backflow prevention device meeting
the requirements of this section.
(Ord. No. 90-51, § 1, 11-7-90; Ord. No. 01-28, § 2, 7-3-01; Ord. No. 13-032, § 2, 11-9-13)
Sec. 26-209. Program administration,
installation, maintenance,
certification.
(a) The Utilities Department shall be responsible for the protection of the public potable water distribution system from contamination or pollution
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due to the backflow or back-siphonage of contaminants or pollutants through the water service connection.
(b) If, in the judgment of the Department, an approved backflow prevention device is required at the city’s water service connection to any customer’s premises for the safety of the
water system, the director of utilities or his designated agent shall give notice in writing to the customer to install such an approved backflow prevention device at each service connection
to his or her premises. The customer shall immediately install such approved device or devices at his own expense, the failure, refusal, or inability on the part of the customer to
install such device or devices immediately, shall constitute a ground for discontinuing water service to the premises until such device or devices have been properly installed.
(c) In the case of installation a copy of the test report and permit shall be furnished by the customer to the city with 60 days of installation, replacement, or relocation of a backflow
prevention assembly. The customer and/or his designee shall be responsible for obtaining all applicable permits.
(1) All backflow prevention assemblies and devices on the potable water service shall be installed by a plumbing contractor who is licensed by the State of Florida and/or approved by
the city.
(2) All backflow prevention assemblies installed as part of a fire suppression system should be installed by a fire protection contractor I, II or V who is licensed by the State of
Florida. (Reference: F.S. §§ 633.021 and 633.541.)
(3) Single check valves and all R.P.(s) on the water service shall be installed by the customer’s contractor, with the appropriate state certification and/or approved by the city, on
the type of service installation required.
(d) In the case of testing and maintenance, all backflow test for new potable water services (domestic and fire line) shall be performed by a
certified plumbing contractor certified by the State of Florida and/or approved by the city, at the time the service is activated. An additional backflow certification fee will be billed
by the city for each test.
(e) In the case of recertification the customer’s responsible for hiring an appropriately licensed, certified backflow prevention assembly tester to test and maintain all of their backflow
prevention assemblies on an annual basis after the initial test. All backflow prevention assemblies and devices on the customer’s side of the potable water service shall be tested by
a plumbing contractor who is licensed by the State of Florida and/or approved by the city.
(1) The technician performing any repairs must hold a repair certification issued by an American Water Works Association approved course.
(2) A valid backflow prevention assembly recertification must contain, at minimum, the following information:
a. The name and license number of the Plumbing Contractor performing the testing.
b. The address of the tested assembly.
c. The date the assembly was tested.
d. The make, model, size and serial number of the assembly tested.
e. The water meter serial number the assembly is protecting (if applicable).
f. Clearly identified test results as outlined below:
i. RP - the relief valve opening reading, the differential reading across the #1 check valve, the differential reading across the #2 check valve, and if the #2 check valve leaked
during the backpressure test.
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ii. DC - the differential reading across the #1 check valve and the differential reading across the #2 check valve.
iii. PVB - the air inlet reading, the reading the check valve holds at, and a comment or remark if backpressure was present at the time of testing.
iv. The name of the tester along with the tester’s certification number.
The annual recertification shall be received by the city prior to the expiration of the previous certification. In the event the assembly tested does not perform to manufacturer’s
specification, a failing test report shall be submitted to the Department. This will afford the customer additional time to acquire estimates for repair; ordering of parts, and the
scheduling of necessary shut-down, for the repair or replacement of the failing assembly.
Upon completion of testing, the tester shall affix to the assembly in a semi-permanent manner a weather-proof tag that identifies the plumbing or fire protection company performing
the test and the month and year of the recertification.
The customer shall be notified by the city in writing approximately 60 days prior to the next inspection date of the backflow assembly. If the customer fails to provide the city with
a passing backflow preventer test and maintenance report by the due date, the city may assign testing and recertification process to a city authorized certified backflow prevention device
technician. See Section 26.2010, Fees and Permits.
(f) In the case of non-compliance, upon discovery that an unapproved cross-connection exists, the city shall immediately disconnect the cross-connection or terminate the customer’s
potable water service. By-passing an existing backflow prevention assembly shall be considered an unapproved cross-connection. The customer’s potable water supply will
be turned off if the customer fails to adequately maintain the backflow prevention assembly(ies) or provide annual certification to the city.
(Ord. No. 90-51, § 1, 11-7-90; Ord. No. 13-032, § 2, 11-9-13)
Sec. 26-210. Fees and permits.
The city shall levy a fee for testing (and re-testing as necessary) all devices based upon program cost administration, as shown in Fee Schedule A:
FEE SCHEDULE A
Type of Unit Fee
Reduced pressure backflow preventer
Annual test $50.00
Each re-test due to failure $50.00
Double check valve assembly
Annual test $50.00
Each re-test due to failure $50.00
Pressure vacuum breaker
Annual test $50.00
Each re-test due to failure $50.00
5/8" Temporary Construction Meter w/ Backflow
Annual test $50.00
Deposit $200.00
Penalty for Nonread/month $150.00
NOTE: For billing purposes, units mounted in parallel on a single service line or fire line will be considered as one unit. Other units at the same site, but on separate lines, will
be billed as separate units.
(Ord. No. 90-51, § 1, 11-7-90; Ord. No. 13-032, § 2, 11-9-13)
Sec. 26-211. Notice of violation; failure to
remedy.
The director of utilities shall notify the owner or authorized agent of the owner of the building or premises in which there is found a violation of this
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article, of such violation. The director shall set a reasonable time for the owner to have the violation removed or corrected (thirty (30) days maximum, or as determined by degree or
hazard). On failure of the owner to have the violation corrected by the end of a specified time interval, the director may, if in his judgment an imminent health hazard exists, cause
the water service to the building or premises to be terminated and/or recommend such additional fines or penalties to be involved as are provided in section 26-212.
(Ord. No. 90-51, § 1, 11-7-90; Ord. No. 13-032, § 2, 11-9-13)
Sec. 26-212. Penalties.
(a) Any person who knowingly fails or refuses to obey or comply with, or willfully violates any of the provisions of this article, or any lawful rule or regulation promulgated hereunder,
or any lawful order of the director issued pursuant to the provisions of this article, shall, upon conviction of such offense, be subject to punishment as provided by law. Each day during
which the knowing or willful failure or refusal to comply with this article continues shall constitute a separate offense.
(b) Any person who violates any of the provisions of this article shall be liable to the city for all costs and damages incurred by the city as a proximate result of such violation
plus a fine up to five hundred dollars ($500.00) per day.
(Ord. No. 90-51, § 1, 11-7-90; Ord. No. 13-032, § 2, 11-9-13)
Secs. 26-213—26-299. Reserved.
ARTICLE VI. STORMWATER SYSTEM
Sec. 26-300. Purpose and intent.
The purpose of this article is to promote the health, safety and general welfare of the inhabitants of the City of Boynton Beach. This article is intended to
comply with federal and state law and regulations regarding water quality.
(Ord. No. 93-7, § 1, 5-4-93)
Sec. 26-301. Definitions.
[As used in this article, the following words and terms shall have the meaning ascribed thereto:]
Authorized official: Any employee or agent of the city authorized in writing by the director to administer or enforce the provisions of this article.
Director: Director of utilities.
Discharge: Any direct or indirect entry of any solid, liquid or gaseous matter.
Person: Any natural individual, corporation, partnership, institution, or other entity.
Site of industrial activity: Any area or facility used for manufacturing, processing or raw materials storage, as defined under 40 CFR Section 122.26(a)(14) of regulations of the U.S.
Environmental Protection Agency, as amended.
Stormwater: Any stormwater runoff, and surface runoff and drainage.
Stormwater system: The system of conveyances used for collecting, storing and transporting stormwater owned by the City of Boynton Beach but not including any facilities intended to
be used in accordance with applicable law for collecting and transporting sanitary or other wastewater. Any discharge into the stormwater system in violation of any federal, state, county,
municipal or other law, rule, regulation or permit is prohibited.
(Ord. No. 93-7, § 1, 5-4-93)
Sec. 26-302. Industrial activity.
(a) General prohibitions [Reserved.]
(b) Specific prohibitions. By adoption of
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industrial activity stormwater regulations or by issuance of industrial activity stormwater permits, or both, the director may impose reasonable limitations as to the quality of stormwater
(including without limitation the designation of maximum levels of pollutants) discharged into the stormwater system from sites of industrial activity. Any promulgation of such regulations
and issuance of permits by the director shall be in accordance with applicable law.
(c) Administrative orders. The director may issue an order to any person to immediately cease any discharge determined by the director to be in violation of any provision of this article,
or in violation of any regulation or permit issued hereunder.
(d) NPDES permits. Any person who holds a national pollutant discharge elimination system (NPDES) permit shall provide a copy of such permit to the director no later than the later
of: sixty (60) calendar days after the effective date of this article or sixty (60) calendar days after issuance.
(Ord. No. 93-7, § 1, 5-4-93)
Sec. 26-303. Illicit discharges.
(a) General prohibitions. Except as set forth under subsection (c) of this section or in accordance with a valid NPDES permit, any discharge to the stormwater system that is not composed
entirely of stormwater is prohibited.
(b) Specific prohibitions. Any discharge to the stormwater system containing any sewage, industrial waste or other waste materials, or containing any materials in violation of federal,
state, county, municipal or other laws, rules, regulations, orders or permits, is prohibited.
(c) Authorized exceptions. Unless the director determines that it is not properly managed or otherwise is not acceptable, the following discharges are exempt from the general prohibition
set forth under subsection (a) of this section: flows from fire fighting, water line flushing and other contributions from potable water sources, landscape irrigation and lawn watering,
irrigation water, diverted stream flows, rising groundwaters, direct infiltration to the
stormwater system, uncontaminated pumped groundwater, foundation and footing drains, water from crawl space pumps, air conditioning condensation, springs, individual residential car
washings, flows from riparian habitats and wetlands, and dechlorinated swimming pool contributions.
(d) Illicit connections. No person may maintain, use or establish any direct or indirect connection to the stormwater system that results in any discharge in violation of this article.
This prohibition is retroactive and applies to connections made in the past, regardless of whether made under a permit, or other authorization, or whether permissible under laws or practices
applicable or prevailing at the time the connection was made.
(e) Administrative order. The director may issue an order to any person to immediately cease any discharge, or any connection to the stormwater system, determined by the director to
be in violation of any provision of this article, or in violation of any regulation or permit issued hereunder.
(Ord. No. 93-7, § 1, 5-4-93)
Sec. 26-304. Spills and dumpings.
(a) General prohibitions. Except as set forth under section 26-303(c) of this article with a valid NPDES permit, any discharge to the stormwater system that is not composed entirely
of stormwater is prohibited.
(b) Specific prohibitions. Any discharge to the stormwater system containing any sewage, industrial waste or other waste materials, or containing any materials in violation of federal,
state, county, municipal, or other laws, rules, regulations, orders or permits, is prohibited.
(c) Notification of spills. As soon as any person has knowledge of any discharge to the stormwater system in violation of this article, such person shall immediately notify the director
by telephoning 407-738-7460, and if such person is directly or indirectly responsible for such discharge, then such person shall also take immediate action to ensure the containment
and cleanup of such discharge and shall confirm such telephone notification in writing to the
Water, Sewers and City Utilities 53
director at City of Boynton Beach, 124 East Woolbright Road, Boynton Beach, Florida 33435, within three (3) calendar days.
(d) Administrative order. The director may issue an order to any person to immediately cease any discharge, or connection to the stormwater system, determined by the director to be
in violation of any provision of this article, or in violation of any regulation or permit issued hereunder.
(Ord. No. 93-7, § 1, 5-4-93)
Sec. 26-305. Enforcement.
(a) Injunctive relief. Any violation of any provision of this article, or of any regulation or order issued hereunder, shall be subject to injunctive relief if necessary to protect
the public health, safety or general welfare.
(b) Continuing violation. A person shall be deemed guilty of a separate violation for each and every day during any continuing violation of any provision of this article, or of any
regulation or permit issued hereunder.
(c) Enforcement actions. The director may take all actions necessary, including the issuance of notices of violation, the filing of court actions and/or referral of the matter to the
local code compliance board to require and enforce compliance with the provisions of this article and with any regulation or permit issued hereunder.
(Ord. No. 93-7, § 1, 5-4-93; Ord. No. 97-51, § 3, 11-18-97)
Sec. 26-306. Inspections and monitoring.
(a) Authority for inspections. Whenever necessary to make an inspection to enforce any of the provisions of this article, or regulation or permit issued hereunder, or whenever an authorized
official has reasonable cause to believe there exists any condition constituting a violation of any of the provisions of this article, or regulation or permit issued hereunder, any authorized
official may enter any property, building or facility at any reasonable time to inspect the same or to perform any duty
related to enforcement of the provisions of this article or any regulations or permits issued hereunder; provided that:
(1) If such property, building or facility is occupied, such authorized official shall first present proper credentials and request permission to enter; and
(2) If such property, building or facility is unoccupied, such authorized official shall make a reasonable effort to locate the owner or other person having charge or control of the
property, building or facility, and shall request permission to enter.
Any request for permission to enter made hereunder shall state that the owner or person in control has the right to refuse entry, and that in the event entry is refused, the authorized
official may enter to make inspection only upon issuance of a search warrant by a duly authorized magistrate. If the owner or person in control refuses permission to enter alter such
request has been made, the authorized official is hereby authorized to seek assistance from any court of competent jurisdiction in obtaining entry. Routine or area-wide inspections shall
be based upon such reasonable selection processes as may be necessary to carry out the purposes of this article, including but not limited to random sampling and sampling in areas with
evidence of stormwater contamination, nonstormwater discharges, or similar factors.
(b) Authority for monitoring and sampling. Any authorized official may establish on any property such devices as are necessary to conduct sampling or metering of discharges to the stormwater
system. During any inspections made to enforce the provisions of this article, or regulations or permits issued hereunder, any authorized official may take any samples deemed necessary.
(c) Requirements for monitoring. The director may require any person engaging in any activity or owning any property, building or facility (including but not limited to a site of industrial
activity) to undertake such reasonable monitoring of any discharge(s) to the stormwater system and to furnish periodic reports.
(Ord. No. 93-7, § 1, 5-4-93)
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Secs. 26-307—26-399. Reserved.
ARTICLE VII. STORMWATER UTILITY
FEES
Sec. 26-400. Purpose and intent.
The purpose and intent of this article is to establish stormwater utility fees sufficient to plan, control, operate, and maintain the city's stormwater management system.
(Ord. No. 93-72, § 1, 12-21-93)
Sec. 26-401. Definitions.
For the purpose of this article, the following definitions shall apply; words used in the singular shall include the plural, and the plural, the singular; words used in the present
tense shall include the future tense. The word “shall” is mandatory and not discretionary. The word “may” is permissive. Words not defined herein shall be construed to have the meanings
given by common and ordinary use as defined in the latest edition of Webster's Dictionary.
Board means the administrative hearing board, comprised of a representative from the finance department, a representative from the engineering department and a representative from the
city manager's office.
Director means the director of the utilities department or his designee.
Dwelling unit means any residential space identified for habitation by members of the same family or as classified by the city building code.
Equivalent residential unit (ERU) means that unit of construction consisting of one (1) dwelling unit (whether single-family, condominium, mobile home, or townhouse unit) for residential
purposes; or for commercial or industrial sites, an impervious area equal to one thousand nine hundred thirty-seven (1,937) square feet.
Impervious area or impervious surface means a
horizontal surface which has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes, but is not limited to, semi-impervious
surfaces such as compacted clay, as well as streets, roofs, sidewalks, parking lots and other similar surfaces.
Residential property means any lot or parcel existing in the city or in the future annexation reserve area as defined in the city's comprehensive plan developed exclusively for residential
purposes including, but not limited to, single-family homes, manufactured homes, multifamily, apartment buildings and condominiums and transient rentals such as hotels and motels.
Nonresidential means any developed property not otherwise defined as residential.
Undeveloped property means that which has not been altered from its natural state by the addition of any improvements such as a building, structure, impervious surface, change of grade
or landscaping. For new construction, a property shall be considered developed pursuant to this chapter.
(1) Upon issuance of a certificate of occupancy, or upon completion of construction or final inspection if no such certificate is issued; or
(2) Where construction is at least fifty (50) percent complete and construction is halted for a period of three (3) months.
(Ord. No. 93-72, § 1, 12-21-93; Ord. No. 94-31, § 1, 10-18-94)
Sec. 26-402. Stormwater management utility fee.
A stormwater fee is hereby imposed upon each lot and parcel within the city for services and facilities provided by the storm- water management utility. For purposes of imposing the
stormwater fee, all lots and parcels within the city are classified into the following three (3) customer classes:
(1) Residential.
(2) Nonresidential, which includes
Water, Sewers and City Utilities 55
governmental; institutional (tax exempt); commercial; industrial and other.
(3) Undeveloped.
(Ord. No. 93-72, § 1, 12-21-93)
Sec. 26-403. Schedule of rates.
(a) The Director is directed to prepare a list of lots and parcels within the city and assign a classification of residential, nonresidential or undeveloped to each lot or parcel.
(b) The monthly charge per ERU for all improved properties within the City of Boynton Beach corporate limits shall be $5. The City Commission may, from time to time, by ordinance amend
the monthly charge established in this section.
(c) The fee imposed for residential properties shall be the rate for one ERU multiplied by the number of individual dwelling units existing on the property (ERU rate) (number of dwelling
units).
(d) The fee imposed for nonresidential properties as defined herein shall be the rate for one ERU for each 1,937 square feet of impervious area.
(e) The Director shall be responsible for determining the impervious area based on data supplied by the county property appraiser, or by the property owner, tenant or developer if such
information is unavailable. The Director may require additional information as necessary to make the determination. The billing amount shall be updated by the Director based on any additions
or deletions to the impervious area as approved through the building permit process.
(f) The minimum fee for any nonresidential parcel shall be equal to the rate for one ERU.
(g) There shall be no fee for undeveloped property.
(h) For a period of two years commencing January 1, 2010 and ending December 31, 2011, a $0.25 per ERU per month surcharge shall be collected to fund a five-year fresh water canal aquatic
vegetation
removal and control program. The surcharge funds collected shall be deposited in a separate “fresh water canal maintenance account” account in the stormwater utility enterprise fund.
(Ord. No. 93-72, § 1, 12-21-93; Ord. No. 94-31, § 2, 10-18-94; Ord. No. 00-14, § 2, 6-6-00; Ord. No. 02-12, § 2, 4-2-02; Ord. 09-047, § 2, 12-15-09)
Sec. 26-404. Billing and payment; penalties.
(a) Bills or statements for the stormwater utility fee shall be rendered monthly, in accordance with the regular utility billing cycle, by the utility billing division of the city for
all properties subject to the fee. Bills shall be payable at the same time and in the same manner and subject to the same penalties as set forth for water. Any partial payment of a combined
utility bill shall be applied first to the stormwater utility fee. Any unpaid stormwater utility fees shall constitute a lien on such property except the liens of state, county and municipal
taxes and shall be on a parity with the lien of such state, county and municipal taxes. Such lien, when delinquent for more than 30 days, may be foreclosed by the city in the manner
provided by the laws of Florida for the foreclosure of mortgages on real property.
(b) For properties normally receiving monthly utility bills for other services, the stormwater utility fee shall be included in the monthly utility bill rendered to the established
customer. At the discretion of the city Finance Director, fee waivers for short-term inactive utility accounts accruing fees of $10 or less in a six-month period may be made for purposes
of administrative convenience.
(c) For properties not receiving monthly utility bills for other services, the bill or statement for the stormwater utility fee shall be sent to the owner of the property as determined
from the tax rolls. The utility billing division may render annual or semiannual billing at the beginning of the defined period on such properties if determined to be in the best interest
of the city.
(d) The owner of a property is ultimately responsible for all fees imposed under this chapter.
(Ord. No. 93-72, § 1, 12-21-93)
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56 Boynton Beach Code
Sec. 26-405. Adjustment of fees.
(a) Requests for adjustment of the stormwater management utility fee shall be submitted through the Director, who shall be given authority to administer the procedures and standards
and review criteria for the adjustment of fees as established herein. All requests shall be judged on the basis of the amount of impervious area on the site, or additional/enhanced stormwater
facilities. No credit shall be given for the installation of facilities required by city or county development codes or state stormwater rules. The following procedures shall apply to
all adjustment requests of the stormwater utility fee:
(1) Any owner who has paid his or her stormwater management utility fees and who believes the contribution rate component of his or her stormwater management utility fee to be incorrect
may, subject to the limitations set forth in this chapter, submit an adjustment request to the Director.
(2) Request for adjustment of stormwater fees paid by an owner making the request shall be in writing and set forth, in detail, the grounds upon which relief is sought.
(3) Adjustment requests made during the first calendar year that the stormwater management utility fee is imposed will be reviewed by the Director within a four-month period from the
date of filing of the adjustment request. Adjustments resulting from such request shall be retroactive to the beginning of billings but shall not exceed one year.
(4) The owner requesting the adjustment may, at his or her own cost, provide supplemental information to the Director including, but not limited to facts, opinions or engineering services
to substantiate his or her case.
(5) Adjustments to the stormwater management utility fee will be made upon the granting of the adjustment request, in writing, by the Director. Denials of adjustment requests shall be
made in writing by the Director.
(b) Upon receipt of the written denial of the adjustment request, the owner who initially requested the adjustment may, within 30 days of receipt of such denial, appeal to the Board
for review of the denial.
(1) The Board shall complete its review within 60 days of receipt of said request for appeal. The Board’s determination on the appeal shall be in writing and set forth in detail the
reason for its decision.
(2) In evaluating the appeal, the Board shall be bound by the standards and review criteria contained herein.
(3) All determinations of the Board arising out of this section shall be final.
(Ord. No. 93-72, § 1, 12-21-93; Ord. No. 94-31, § 3, 10-18-94)
Sec. 26-406. Capital contributions.
Procedures and standards developed by the Director shall define appropriate means by which to optimize development capital contributions in the implementation of basic specific stormwater
systems. These basic specific capital contributions shall take the form of “fee-in-lieu-of” or “availability charges”. Each situation will be analyzed by the Director, and a specific
written decision will be developed. The application is defined as follows:
(1) Fee-in-lieu-of is applied to a site-specific negotiated procedure, wherein a development’s stormwater contribution (quantity and quality) is assessed its share of the capital needs
of the facilities required to serve the development in question. This capital contribution would be used to implement city-owned stormwater facilities. The process does not apply wherein
the stormwater facilities are privately held. Each application is evaluated against the city’s stormwater master plan for the watershed involved or, while the master plan is incomplete,
the cumulative impacts from the development.
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Water, Sewers and City Utilities 57
(2) Availability charge is administered on a site-specific basis identical to the fee-in-lieu-of procedure noted above; the only difference is that the capital investment advanced by
the city in implementing a stormwater facility is not recovered through an availability charge. The capital charge is determined on a pro rata share of the capacity used by the new
applicant or by the cumulative impact from the development upon all impacted facilities.
(3) The “fee-in-lieu-of” capital contribution for properties redeveloping within the Downtown Stormwater Improvement Watershed, and utilizing the installed stormwater treatment and/or
conveyance facilities within that watershed, shall be levied as follows:
a. Capital cost per impervious square foot for Water Quality $2.05
b. Capital cost per impervious square foot for Water Quantity $0.18
c. Total Capital cost per impervious square foot for Water Quality and Quantity $2.23
This fee shall be paid prior to the issuance of a building permit for new construction and/or redevelopment in the Downtown Watershed.
(Ord. No. 93-72, § 1, 12-21-93; Ord. No. 00-54, § 4, 10-17-00; Ord. No. 02-045, § 7, 8-20-02)
Sec. 26-407. Program administration.
It shall be the duty of the Director to administer the stormwater utility program. The Director shall keep an accurate record of all persons using the services and facilities of said
stormwater management utility of the city and make changes in accordance with the rates and charges established in this chapter or by ordinance. (Ord. No. 93-72, § 1, 12-21-93; Ord.
No. 94-31, § 4, 10-18-94)
Sec. 26-408. Stormwater utility enterprise fund.
There shall be established a stormwater utility enterprise fund for the deposit of all fees and charges collected by the stormwater utility. These funds shall be for the exclusive use
of the city’ stormwater management utility including, but not limited to, the following:
(1) Stormwater management services, such as studies, design, permit review, plan preparation and development review.
(2) Operation, maintenance, repair and replacement of the stormwater collection, storage, treatment and conveyance infrastructure.
(3) Project costs related to constructing major or minor structural improvements to the stormwater-related infrastructure as provided in the city-wide stormwater management plan.
(4) Administrative costs associated with the management of the stormwater utility fee. A maximum of $2,000 may be transferred to the general fund annually for administrative costs.
(5) Debt service financing of stormwater-related capital improvements defined in the city-wide stormwater management plan.
(6) Funding of studies including water quantity and quality monitoring, aerial photography, and geotechnical work associated with the planning of the stormwater-related infrastructure.
(Ord. No. 93-72, § 1, 12-21-93; Ord. No. 94-31, § 5, 10-18-94)
Secs. 26-409—26-499. Reserved.
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ARTICLE VIII. RECLAIMED WATER
Sec. 26-500. Authority and purpose.
(a) This article is created in accordance with F.S. § 403.064, and provides for the encouragement
and use of reclaimed water to protect the environment and conserve the city’s potable water supply.
(b) Subject to the city’s Code of Ordinances and established policies, all powers, duties, and authorities relating to the operation of the facilities of the Utilities Department are
vested in the Utilities Director, unless specifically vested elsewhere by the provisions of this chapter. In the absence of the Director of the Utilities Department, an individual specifically
appointed by the City Manager may assume the powers, duties and authority vested by this section.
(Ord. No. 09-022, § 2, 5-5-09)
Sec. 26-501. Applicability.
This chapter shall apply within the utility service area of the City of Boynton Beach, as hereinafter defined and amended from time to time, and shall be liberally construed to effectuate
the purposes set forth herein.
(Ord. No. 09-022, § 2, 5-5-09)
Sec. 26-502. Objective.
The objective of this chapter is to set forth requirements for the use of reclaimed water and the construction of reclaimed water facilities within the city that are in compliance
with all applicable federal and state laws, rules and regulations as they pertain to reclaimed water.
(Ord. No. 09-022, § 2, 5-5-09)
Sec. 26-503. Definitions.
As used in this article, the following words and phrases have the meaning ascribed herein, unless a different meaning is set forth in another section of this chapter or the context
clearly indicates otherwise.
Backflow prevention assembly: A device and/or method of construction used to prevent backflow into a potable and/or reclaimed water system. The type of assembly used shall be based
on the degree of hazard, either existing or potential.
City: The City of Boynton Beach, Florida, a municipal corporation.
Cross connection: Any physical arrangement whereby a potable and/or reclaimed water supply is connected, directly or indirectly, with another system capable of imparting contamination
to the potable and/or nonpotable water supply as the result of backflow.
Customer: Any property owner, developer, user, company, municipal corporation, political subdivision, homeowners’ association or other entity that accepts or receives reclaimed water
service or benefits directly from services rendered by the Department.
Department: The City of Boynton Beach Utilities Department.
Development: All projects with nonresidential connections and all residential projects including 20 or more dwelling units.
Director: The Director of the City Utilities Department or the Director’s duly authorized representative.
Dwelling unit: A single unit designated or intended for one-family occupancy (a household of one or more persons), including but not limited to, one single-family house, one-half of
a duplex, one apartment or one mobile home.
Irrigation: The use of water to maintain and enhance the growth of lawns, shrubs, trees or edible crops, as set forth in Chapter 62-610, Florida Administrative Code.
Person: Includes individuals, firms, associations, joint ventures, partnerships, estates, trusts, corporations, and all other groups or combinations.
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Point of service: The outlet side of the Department's reclaimed water meter box or other point identified on construction plans, which ends the Department's ownership, operation and
maintenance responsibility.
Property owner: One in whom the legal title to real estate is vested, as recorded in the public records of the State of Florida.
Reclaimed water: Water that has received at least secondary treatment and basic disinfection and is reused after flowing out of a wastewater treatment facility, as set forth in Chapter
62-610, Florida Administrative Code.
Reclaimed water distribution system: A network of pipes, generally eight (8) inch diameter and smaller, along with valves, meters and related appurtenances, designed to convey and distribute
reclaimed water from a reclaimed water transmission system to the Department's side of the point of service.
Reclaimed water irrigation system: A network of pipes, pumping facilities, storage facilities, sprinkler heads, and appurtenances on the customer's side of the point of service, designed
to convey and apply reclaimed water.
Reclaimed water transmission system: A network of pipes, generally ten (10) inch diameter and larger, along with pumping facilities, storage facilities and related appurtenances, designed
to convey and transmit reclaimed water from one (1) or more wastewater treatment facility to the reclaimed water dislribution system. Service connections will generally not be made to
the transmission system.
Service: The readiness and ability on the part of the Department to furnish reclaimed water to the property.
Service initiation: The date a reclaimed water meter is installed.
Utility service area: The area encompassed by the City's planning area as shown on the future land use
map in the City's Comprehensive Plan, unless otherwise excluded.
(Ord. No. 09-022, § 2, 5-5-09)
Sec. 26-504 Adoption of Chapter 62-610, Florida Administrative Code.
The rules and regulations appearing in Chapter 62-610, F.A.C., as may be amended from time to time, are hereby adopted by reference as though fully set forth within this article, and
shall apply within the City as an ordinance. In the event of any variation between the provisions of Chapter 62-610. F.A.C., and the provisions of this article, the more strict provision
shall prevail. A violation of Chapter 62-610, F.A.C., shall be deemed a violation of this section.
(Ord. No. 09-022, § 2, 5-5-09)
Sec. 26-505. Use of reclaimed water within the City’s utility service area.
(a) Reclaimed water service will be made available within the City's utility service area as the reclaimed water transmission system is extended and treatment capacity becomes available.
(b) Not all property owners within the City will have access to the City's reclaimed water distribution system. The City shall have the final decision in determining a customer's entitlement
to connect to the reclaimed water distribution system, which shall be based upon the customer's capacity needs, as well as the customer's ability to be responsive to local and state
regulations. Once the service is made available, the City will provide qualified property owners with notice of their right to utilize the reclaimed water distribution system.
(c) Connection of an irrigation system to the customer's side of the reclaimed water meter is the responsibility of the customer and shall be performed at the customer's expense.
(d) Should the customer require reclaimed water of quality or pressure varying from that normally
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supplied by the City, the customer shall be responsible for any devices necessary to make these adjustments; provided, however, that such devices will require prior approval by the City.
(Ord. No. 09-022, § 2, 5-5-09)
Sec. 26-506. Connection to the reclaimed water distribution system.
(a) Meters required. Meters are required on all reclaimed water service connections. No person or property shall have access to the reclaimed water distribution system or use reclaimed
water without delivery of same through a meter. All reclaimed water meters shall be furnished and installed by an employee or authorized person of the Department, and shall remain the
property of the Department. The minimum meter size for connection to the City's reclaimed water system is three-fourths (3/4) of one inch. Required meter size for any connection will
be determined by the Utilities Department on the basis of the irrigation system's required pressure and flow characteristics as provided by the customer.
(b) Rules, regulations and fees. The City may establish, revise, modify and enforce rules, regulations and fees pertaining to the provision of reclaimed water service. Such rules, regulations
and fees, which are subject to the approval of the City, are set forth in this
article, and shall be binding upon all property owners, customers, agents and assigns required to use and/or using reclaimed water.
(c) Operation and maintenance responsibilities for the reclaimed water irrigation system. The operation and maintenance of the reclaimed water irrigation system shall be the sole responsibility
of the customer and/or property owner utilizing reclaimed water from the system. The customer and/or property owner shall provide reasonable access to the Department for periodic inspections
of the operation and maintenance of the reclaimed water irrigation system. Failure by the customer and/or property owner to properly operate and maintain the reclaimed water irrigation
system in accordance with federal, state and local laws, rules and regulations, shall constitute a violation of this article and be subject to enforcement action as set forth herein
below.
(Ord. No. 09-022, § 2, 5-5-09)
Sec. 26-507. Access to water meters.
It shall be unlawful for any person to interfere with, effectively deny, or to restrict in any manner, full access to City reclaimed water meters or their appurtenances by the City's
agents or employees, for the purposes of making necessary periodic readings, repairs, removal or disconnection of service on the meters or their appurtenances. Such interference may
include, but shall not be limited to, use of locked gates or fences, presence of animals, physical barriers, or overgrown vegetation.
(Ord. No. 09-022, § 2, 5-5-09)
Sec. 26-508. Fees, rates and charges.
(a) Charges for reclaimed water use will be based on metered flows and will be billed on a monthly basis per one thousand (1,000) gallons in accordance with the following schedule:
(1) Thirty-four cents (34¢), which consists of the Board's rate of sixteen cents (16¢) charged to the City, in addition to the City's rate of eighteen cents (18¢).
(2) Changes in the rate charged to the City by the Board shall result in a change in the total rate to the customer at the same value as the rate change.
(b) Meter installation charges and deposits, when applicable, shall be as listed in Chapter 26, Article 1 of the City Code of Ordinances.
(Ord. No. 09-022, § 2, 5-5-09)
Sec. 26-509. Inspections.
(a) To ensure that the provisions of the City's ordinances, regulations and procedures are being observed, the City shall inspect, secure or remove, as necessary, any or all devices,
including but not limited to, backflow preventers, valves, fittings, pipes and sprinklers that connect to or control the reclaimed water.
(b) The refusal by a consumer to permit an authorized City agent or employee to enter a premises for the purpose of inspecting an irrigation system may,
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at the discretion of the City, result in the immediate discontinuance of the reclaimed water service.
(c) The City shall inspect all connections to the reclaimed water system prior to the connection being placed in service.
(d) The customer shall be responsible to the City for all costs incurred by the City for any required inspections and/or monitoring of any or all devices that connect to or control
the reclaimed water, to ensure compliance with this article and/or any state or federal statutes or regulations; the charge shall be determined on an hourly basis, in addition to any
administrative costs.
(Ord. No. 09-022, § 2, 5-5-09)
Sec. 26-510. Control of backflow and cross connection.
Refer to Chapter 26, Article 5 of the City Code of Ordinances.
(Ord. No. 09-022, § 2, 5-5-09)
Sec. 26-511. Damage to the reclaimed water distribution system.
No person shall maliciously, willfully or negligently break, damage, destroy, uncover or deface any structure, appurtenance or equipment that is part of the reclaimed water distribution
system. All costs to repair any damage to the reclaimed water distribution system, and/or all costs associated with additional treatment or alternative disposal requirements resulting
from such action, shall be assessed to the person(s) responsible.
(Ord. No. 09-022, § 2, 5-5-09)
Sec. 26-512. Approved uses of reclaimed water.
Reclaimed water shall be used in accordance with applicable federal, state and local laws, rules and regulations. Pursuant to this chapter, reclaimed water may be used for irrigation
of residential and
nonresidential lawns, golf courses, cemeteries, parks, landscaped areas, edible crops (as set forth in Chapter 62-610, Florida Administrative Code), highway medians, dust control on
construction sites, mixing of concrete, and cleaning of roads and sidewalks. Any other use of reclaimed water must be approved in writing by the Director prior to such usage.
(Ord. No. 09-022, § 2, 5-5-09)
Sec. 26-513. Prohibitions on use of potable water, reclaimed water and the reclaimed water distribution system.
No person shall use reclaimed water unless in accordance with federal, state or local laws, rules or regulations. Pursuant to this article, no person shall:
(a) Utilize aboveground hose bibs. Hose bibs shall be located in lockable, below-grade vaults, and clearly marked as being of non-potable quality. All vault covers shall be color-coded
purple, and shall be kept locked when not in use.
(b) Use reclaimed water for the filling of swimming pools, hot tubs, wading pools, or decorative fountains.
(c) Pipe reclaimed water into or use reclaimed water inside of any building or structure used for residential purposes.
(d) Cut and/or remove a Department-installed lock: tamper with the meter, bypass or reverse a reclaimed water meter; use, alter or make any connection to the reclaimed water distribution
system, unless prior written approval has been given by the Director, and an employee or authorized person of the Department is present at the time of the approved action.
(e) Sell, barter, trade or otherwise transfer reclaimed water to any other person or entity.
(f) Cause a cross connection between a potable water supply and the reclaimed water distribution system or the reclaimed water irrigation system, or violate a provision or requirement
of City ordinances
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pertaining to backflow prevention or cross connection control.
(g) Cause a connection to the reclaimed water distribution system or reclaimed water irrigation system to be constructed or maintained in violation of the setback distances as required
in Chapter 62-610, F.A.C.
(Ord. No. 09-022, § 2, 5-5-09)
Sec. 26-514. Interruption and/or discontinuation of service.
(a) Right to discontinue service. The City reserves the right to discontinue service to any portion of, or the entire, reclaimed water system, as deemed necessary by the Director.
(b) Authority to establish restricted use schedules. The Director shall have the authority to establish schedules that restrict the use of the reclaimed water system at certain times,
in order to reduce maximum pressure demands on the system, and to regulate usage during periods of limited reclaimed water availability.
(c) Immediate threat to public health. The Director may issue a stop usage notice, requiring the customer and/or property owner to immediately cease using reclaimed water, if such usage
is deemed to present or cause an immediate threat or substantial endangerment to the health, safety or welfare of the public, to the environment, or to the operations of the City's reclaimed
water distribution system. Any such finding shall be included in the Director's notification to cease usage of the reclaimed water. Should the customer not comply with the stop usage
notice, the Department may immediately discontinue service of reclaimed water to the property. All expenses incurred by the Department to discontinue such service, and/or any and all
damages associated with the use of the reclaimed water, shall be borne by the customer and/or property owner.
(d) Other violations. Notwithstanding the provisions as set forth in this section hereinabove, the Director shall, upon discovery of a violation of this article, notify the customer
and/or property owner of
the violation, by certified mail or by placing a notice on the property or by any other reasonable means. The notice of violation shall set forth the specific violation, the corrective
action to be taken by the customer and/or the property owner, and the period of time by which the customer and/or property owner must correct the violation. Should the customer and/or
property owner not correct the violation within the designated period of time, the Department shall discontinue service of reclaimed water to the property until the violation is corrected,
and all fees associated with the disconnection and/or reconneetion of service to the property are paid in full by the customer and/or property owner.
(Ord. No. 09-022, § 2, 5-5-09)
Sec. 26-515. City responsibility.
The City will reasonably attempt to deliver an adequate supply of reclaimed water of good quality at all times. However, no assurances or guarantees shall be provided to customers or
to others regarding the quantity or quality of the water due to circumstances beyond their control.
(Ord. No. 09-022, § 2, 5-5-09)
Sec. 26-516. Location.
The location of reclaimed water service lines and points of delivery to private property shall be determined by the City.
(Ord. No. 09-022, § 2, 5-5-09)
Sec. 26-517. Meter requirements.
Appropriately sized meters shall be required lor all commercial, industrial and multi-family dwelling unit uses as determined by the Director.
(Ord. No. 09-022, § 2, 5-5-09)
Sec. 26-518. Shallow potable wells.
(a) The City shall not provide reclaimed water service where shallow wells, the existence of which is
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known by the City, are a source of potable water, and where buffer zone requirements of the Florida Department of Environmental Protection cannot be maintained.
(b) No person shall install a shallow well intended for use as a source of potable water for property, where reclaimed water and potable water connections are available.
(Ord. No. 09-022, § 2, 5-5-09)
Sec. 26-519. Use of reclaimed water for purposes other than irrigation.
Reclaimed water service may be provided as a source of water for cooling and miscellaneous process applications. However, reclaimed water may not be piped into any building used for
residential purposes. Any effluent reclaimed water from cooling and/or process use must be discharged to the sanitary sewer or other approved location, and must meet all city, state
and federal discharge regulations. A sewer charge for processing of such discharge will be applied in addition to the cost of the reclaimed water. Any discharge to the City's sanitary
system must meet the City's minimum pretreatment standards.
(Ord. No. 09-022, § 2, 5-5-09)
Sec. 26-520. Runoff control.
To ensure that neither ponding nor runoff from the system occurs, customers shall be responsible for the operation of their private reclaimed water systems in a prudent manner.
(Ord. No. 09-022, § 2, 5-5-09)
Sec. 26-521. Penalty.
See Section 1-6 of the City Code of Ordinances.
(Ord. No. 09-022, § 2, 5-5-09)
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