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O93-08ORDINANCE NO. O93-~ AN ORDINANCE OF THE CITY COF~iSSION OF THE CITY OF BOYNTON BEACH, FLOKiDA, AMENDING CHAPTER 26, WATER, SEWERS AND CITY UTILITIES, ARTICLE IV. SEWERS. BY DELETING DIVISIONS 2 AND 3 IN THEIR ENTIRETY AND RESERVING SECTIONS 26-73 THROUGH 26-104; CREATING DIVISION 4. ENTITLED ~'INDUSTRIAL AND COMMERCIAL WASTE"; RENUMBERING ARTICLE V. CROSS-CONNECTION CONTROL AND BACKFLOW PREVENTION AS SECTION 26- 205 THROUGH 26-211; PROVIDING THAT ALL OTHER PROVISIONS OF CHAPTER 26 NOT HEREIN SPECIFICALLY AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in the best interests and safety of the citizens and residents of the City to amend Chapter 26 of the Code of Ordinances of the City of Boynton Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CiTY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA~ THAT: Section i. That Chapter 26, Article IV. Sewers. is hereby amended by creating Division 4. entitled "Industrial and Commercial Waste", as follows: Div. 4. iNDUSTRiAL AND COMMERCIAL WASTE Section General Provisions 26. 112 26.113 26. 114 26.115 26.116 26. 117 26.118 27.119 26. 120 26. 121 26. 122 26. 123 26.124 Purpose Policy and Scope Application of Chapter Definitions Compliance with Provisions or More Stringent Regulations Disposal of Sewage Other Than Through Regional Facilities Right to Refuse Waste Upon Noncompliance Depositing Objectionable Wastes on Public and Private Property Discharging Into Natural Outlets Privies, Septic Tanks, and Other Facilities Suitable Toilet Facilities Discharge Prohibited in Storm Sewer System Damaging or Tampering with Sewage Works Private Sewage Disposal System 26.125 26.126 26.127 26.128 26.129 26.130 Connecting Building Sewer to Private Sewage Disposal System Work to be Done by Qualified Licensee County to Inspect Installations Compliance with State Department of Environmental Regulation and Other Current Regulations Connecting Private Sewage Disposal System to Public Sewer Maintenance of Private Sewage Disposal Facilities Installation And Connections 26.131 26.132 Written Permit Required For Use of Public Sewer; Application; Fee Costs and Expense of Installation and Connection of Building Sewer; Indemnification 26.133 26.134 Separate Building Sewer Provided for Every Building Use of Old Building Sewers with New Buildings 26.135 26.136 26.137 26.138 26.139 26.140 26. 141 26. 142 26.143 26.144 26. 145 26. 146 26.147 26.148 26.149 26.150 26.151 26.152 26.153 26.154 26.155 26. 156 26. 157 26.158 26.159 26.160 26.161 26.162 25.163 26.164 26.165 26.166 26.167 26.168 26.169 26. 170 26.171 26.172 26.173 26.174 26.175 26.176 Building Sewer Specifications Gravity Flow of Building Drain to Public Sewer Surface Runoff or Groundwater Inspection of Connection to Public Sewer Barricades and Lights Around Sewer Excavations Use Of Public Sewers Wastes Discharged Into Sanitary Sewers to Meet Criteria Discharge of Stormwater and Other Unpolluted Drainage Prohibited Discharges to Sewers Discharge of Certain Wastes Restricted Pretreatment, Equalization of Waste Flows Interceptors Maintaining Flow-Equalizing Facilities and/or Interceptors For Preliminary Treatment Admission of Industrial and Commercial Waste National Categorical Pretreatment Standards Compliance Application of More Stringent Requirements; City Shall Notify Affected Users City's Right of Revision Excessive Discharge Prevention of Accidental Discharges Written Report Required Describing Cause of Discharge Notice to Employees in Event of Dangerous Discharge; Emergency Notification Procedure Notification of Discharge of Hazardous Waste Reporting, Inspections, And Monitoring Compliance Date Report Periodic Compliance Reports Inspection and Sampling Information and Data to be Made Available Waste Discharge Permits Special Permit Required; Term Application for Permits User Charge And Industrial Cost Recovery System User Charges; Wholesale Sewer Rates; CalculatiOn of Sewer Surcharge Application of Surcharge Over Standard Use Fee Industrial Cost Recovery System Review and Amendment on Annual Basis Notice of Violation; Liability for Expense, Loss, or Damage Administration Responsibility for Treatment and Disposal Right to Enter Premises and Obtain Information Concerning Discharges Suspension of Wastewater Treatment Service; Notice to Stop Discharge; Failure to Comply Publication of Users in Significant Violation Violations~ Remedies False Statements of Documents Prohibited Show Cause Hearing Legal Action Against Use for Appropriate Relief Retention of Records Required Enforcement Plan Penalties 2 GENERAL PROVISIONS 26.112 Purpose The purpose of this chapter is to regulate industrial waste pretreatment facilities and discharge of industrial waste into the Publicly Operated Treatment Works (POTW) 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 POTW, and which will pass through the system into receiving waters or the atmosphere or otherwise be incompatible with the system; (C) To improve the opportunity to recycle and reclaim wastewater and sludge from the system. 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, 17-302, 17-600, 17-604, and 17- 610 issued by the Florida Department of Environmental Regulation. The standards set forth are minimum requirements to ensure the general health and welfare of the public. 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 Beachi County. Furthermore, all local government users shall be required, within sixty (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. 26.115 DefinitionS For the purpose of this chapter, all definitions shall be applied and interpreted in accordance with 40 CFR 403, 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. "Authorized Representative of Industrial User". An authorized representative of an industrial user which may be a principal executive officer of at least the level of.vice-president, if the industrial user is a corporation, a general partner or proprietor, if the industrial user is a partnership or proprietorship, respectively, or a duly authorized representative of the individual designated above, if that representative is responsible for the overall operation of the facilities from which the indirect discharge originates. "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 (POTW)". The Board of Directors of the South Central Regional Wastewater Treatment and Disposal Board. "B.O.D. (Denoting Biochemical OxygenDemand)" The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20~. expressed in milligrams per liter. "Building Sewer". Sewer conveying wastewater from the premises of a user to the collection system which transmits wastewater to the POTW. "Categorical Standards". National categorical pretreatment standards or pretreatment standard. "Chemical Oxygen Demand (C.O.D.)". A measurement of the oxygen equivalent of the organic matter content of a sample that is susceptible to oxidation by a strong chemical oxidant using procedures listed in 40 CFR 136. "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) Ail 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) Ail 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 POTW 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 publicly owned treatment works 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". 4 This refers to the individual in charge of the Utilities Department for the city. "Discharqe". Means disposal of, deposit, place, emit, unload, release or cause or allow to be disposed of, deposited, placed, emitted, unloaded, or released. "Domestic Wastewater". Wastewater derived principally from dwellings, commercial buildings, institutions, and industry resulting from househOld or toilet waste resulting from human occupancy. It may or may not contain ground water, surface water, or stormwater. "Environmental Protection Agency" or "EPA". The U.S. Environmental Protection Agency, or where appropriate the term may also be used as a designation for the Administrator or other duly authorized official of that agency. "Executive Director". The administrative director or his authorized deputy, agent or representative of the South Central Regional Wastewater Treatment and Disposal Board. The Executive Director is the authorized administration authority of the South Central Regional Wastewater Treatment and Disposal Board. "Garbaqe". The animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods. "Grab Sample". A sample which'is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time. "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 Discharqe". The discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act, (33 U.S.C. 1317), into the POTW (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 Discharqe 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. "Industrial Cost Recover¥"o Recovery by a federal grantee from the industrially classified users of a treatment works of the grant amount allocable to the treatment of wastes from those users. "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, as determined by the Director of Utilities. "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). "Interference". The inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the NPDES permit or reduces the efficiency of the POTW. The term also includes prevention of sewage sludge use or disposal by the POTW. "Milligrams Per Liter (mg/1)" 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". Any source, the construction of which is commenced after the publication of proposed Pretreatment Standards under Section 307(c) of the Act, and which conforms to 40 CFR 403(k). "Pass Through". A discharge of a pollutant from the POTW when such discharge causes a violation of any requirement of the POTW's NPDES permit, or a violation of a State or Federal water quality standard or increases the magnitude or duration of any violation and which is the result of a user's discharge of the pollutant either alone or in conjunction with other user's discharges of the pollutant into the POTW. A user contributes to pass through when the user: (t) Discharges a pollutant concentration or a daily pollutant loading in excess of that allowed by the City or by Federal or State law. (2) Discharges wastewater which substantially differs in nature and constituents from the user's normal average discharge; (3) Knows or has reason to know that its discharge, alone or in conjunction with discharges from other users, 'would result in pass through; or (4) Knows or has reason to know that the POTW is, for any reason, violating its final effluent limitations in its NPDES permit and that such user's discharge either alone or in conjunction with discharges from other users, increases the magnitude or duration of the POTW's violations. "Person". Any individual, society, corporation, or group. firm, company, association, "Point Source". The initial point of discharge into a sewer system. "PH" Logarithm of the reciprocal of the weight of hydrogen 6 ions in grams per liter of solution. "Pollutant". Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water. "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 POTW. 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). "Pretreatment Requirements". Any substantive or procedural requirement for treating of a waste prior to inclusion in the POTW. "Pretreatment Standards". National Categorical Pretreatment Standards or alternative discharge limits, whichever is applicable. "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. "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. "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 proces~ facilities to maintain the capacity and performance for which those facilities were designed and constructed. "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. "Sewage". A combination of the water carried wastes from residences, business buildings, institutions, and industrial establishments, together with ground, surface, and stormwaters as may be present. "Sewage Works". Ail facilities for collecting, pumping, treating, and disposing of wastewater including the POTW. "Sewer". A pipe or conduit for carrying sewage. "Shall" is mandatory; "May" is permissive. "Significant Industrial User" (S.I.U.). Any industrial user of the Board Treatment Plant who: has a discharge flow of 25,000 gallons or more per average work day; has a flow greater than 5% of the flow in the city's collection system; has toxic pollutants in excess of limits defined pursuant to section 307 of the act, Florida statutes; or is judged by the POTW, city, state, or U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or air emissions generated by the system. "Significant Non-Compliance" (S.N.C.). Means that violations of this Ordinance 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 exceeded (by any magnitude) the applicable daily maximum limit or the applicable average limit; (2) Technical Review Criteria (TRC) Violation: 33% or more of all measurements taken for the same pollutant during a six- month period equaled or exceeded the product of the daily average maximum limit or the average limit times the applicable TRC. (For categorical pretreatment limitations the TRC equals 1.4 for BOD, TSS and Oil and Grease; and 1.2 for all other pollutants except PH; (3) An effluent violation which caused interference or pass through or endangered the health of City personnel or the general public; (4) A discharge caused imminent endangerment to human health, welfare or to the environment and resulted in the City exercising its emergency authority under Section 26.169 of this Ordinance; (5) Failure to meet a compliance schedule milestone date within ninety (90) days or more after the scheduled date; (6) Failure to submit a required report within thirty (30) days of its due date; (7) Failure to accurately report non-compliance; or (8) Any other violation or group of violations which the Director determines may cause interference or pass through or will adversely affect implementation of the City's pretreatment program. "Significant Violation". A violation that remains uncorrected 45 days after notification of non-compliance; which is part of a pattern of non-compliance over a twelve-month period; which involves a failure to accurately report non-compliance; or which resulted in the POTW exercising its emergency authority under Section 403.8 (F) (!) (vi)(B) of the Act. "Slug~'. Any discharge of water, sewage, or industrial waste i which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average 24-hour concentration of flows during normal operation. "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. 8 "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 POTW to supervise the oPeration of the publicly owned treatment works and who is charged with certain duties and responsibilities by this chapter, or his 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 POTW. "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 POTW. "Wastewater Treatment Plant',. Any arrangement of devices and structures used for treating wastewater, such as the POTW. "Watercourse". A channel in which a flow of water occurs, either continuously or intermittently. 26.116 Compliance With Provisions Or More Stringent Regulations 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 POTW under the authority of this chapter. No statement contained in this chapter shall be construed to interfere with any additional requirements that may be imposed by health agencies. 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. 9 (B) The disposal of sewage to the POTW 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. 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. 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. 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. 26.121 Privies, Septic tanks, And Other Facilities Except as hereinafter provided in 26.125 through 26.130, 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. 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 ninety (90) days after date of official notice to do so. 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. 26.124 Damaging Or Tampering With Sewage Works No person shall breaks damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the sewage works. PRIVATE SEWAGE DISPOSAL SYSTEM 26.125 Connecting Building Sewer To Private Sewage Disposal System Where a public, sanitary, or combined sewer is not available under the provisions of 26-122, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this subchapter. 26.126 Work to be Done by Qualified Licensee 10 The work of connecting existing building sewers to any private sewage disposal system must be performed by a duly licensed and certified plumber, or a licensed sewer installer. 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. 26.128 Compliance With State Department Regulation And Other Current Regulations Of Environmental The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the State Department of Environmental Regulation. 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. 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 in 26.128, 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. 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. INSTALLATIONS AND CONNECTIONS 26.131 Written Permit Required For Use of Public Sewer; Application; Fee (1) 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. (2) 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. 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. 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 11 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. 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. 26.135 Building Sewer Specifications 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 WPCF Manual of Practice No. 9, as same may be amended from time-to- time, shall apply. Ail connections shall be made gastight and watertight, any deviation from the prescribed procedures and materials must be approved by the Building Department before installation. 26.136 Gravity Flow Of Building Drain To Public Sewer Whenever possible, the building sewer shall be brought to the building at any elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by that building drain shall be lifted by an approved means and discharged to the building sewer. 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. 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. 26.139 Barricades and Lights Around Sewer Excavations Ail 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. USE OF PUBLIC SEWERS 26.140 Wastes Discharged Into Sanitary Sewers To Meet Criteria Ail waste discharged to public sanitary sewers, which in turn discharge to the regional treatment facilities (POTW), shall meet or exceed the following criteria of this subchapter. 26.141 Discharge Of Stormwater And Other Unpolluted Drainage 12 (A) No person shall discharge or cause to be discharged any !!~ stormwater, uncontaminated cooling water or unpolluted industrial ii!iprocess 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. ~ 26. 142 Prohibited Discharqes To Sewers No person shall discharge or cause to be discharged any of the following described waters or wastes to any sewers: (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) 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 create any hazard in the receiving waters of the wastewater treatment plant. (C) 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. ~ 26.143 Discharge Of Certain Wastes Restricted No person shall discharge or cause to' be discharged, the below described materials, waters~ or wastes (collectively, the substances) if it appears likely that acceptance of those wastes can harm the wastewater treatment process or equipment, the public sewers, the sanitary sewer systems, or have an adverse effect on the receiving water body, or can otherwise endanger life, limb, public property, or constitute a nuisance. The decision shall be based on those factors as the quantities subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the wastewater treatment process, capacity of the wastewater treatment plant, degree of treatability of waste in the wastewater treatment plant, and other pertinent factors. The substances restricted are: (A) Any liquid having a temperature higher than 150° F. or causing the wastewater treatment plant influent to exceed 104° F. (B) Any water or waste containing fats, wax, grease, or 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. (O° C. and 60° C.). (C) Any waters or wastes containing strong acid, iron, pickling wastes, or concentrated plating solutions whether neutralized or not. (D) Any waters or wastes containing phenols or other taste or odor producing substances, in a concentration exceeding limits which may be established by the POTW as necessary after treatment of the composite sewage to meet the requirements of the state, 13 federal, or other pub_lc agencies of jurisdiction for that discharge to the receiving waters. (E) Any garbage that has not been properly shredded, which shall mean particles in size no greater than 1/2 inches measured in any dimension. (F) Any water or wastes having a PH lower than 5.5 or higher than 9.5 or having any other corrosive property capable of causing damage or hazard to structure, equipment, or personnel or any waste treatment works. (G) Any waste containing restricted'substances in quantities in excess of the following limits and measured at the point of discharge into any sewer system, or any substance that will pass through the waste treatment facilities and exceed the state and federal requirements for receiving waters: Parameter Limit Metals Antimony 2 mg/1 Arsenic 0.9 mg/1 Cadmium 0.5 mg/1 Chromium - Hexavalent 0.5 mg/1 Chromium - Total 3 mg/1 Copper 2 mg/1 Iron 5 mg/1 Lead 0.9 mg/1 Mercury 0.01 mg/1 Nickel 0.7 mg/1 Selenium 0.25 mg/1 Silver 1 mg/1 Zinc 2 mg/1 Inorganics Ammonia Chloride Cyanide Cyanide Amenable to Chlorination Fluoride PH 50 mg/1 (Surcharge) * 600 mg/1 1 mg/1 0.5 mg/1 50 mg/1 5.5 - 9.5 Standard Units Organics BOD COD Oil and Grease Petroleum Hydrocarbons Phenol Phenolic Compounds, Total Toxic Organic Compounds, Total 220 mg/1 (Surcharge) * 440 mg/l (Surcharge) * 100 mg/1 25 mg/1 5 mg/1 0.5 mg/1 5 mg/1, No one Parameter over 1 mg/1 Physical TSS Particle Size Radioactive Elements 175 mg/1 (Surcharge) * One-half inch or less None detectable *: Subject to High Strength Sewer Surcharge (Refer to Section 26.162) (H) Any waste from sodium-cycle cation exchange (water softening) units from industrial or commercial users where the chloride content exceeds 600 milligrams per liter. 14 (I) Any water or waste containing suspended solids or color of a character and quantity that unusual attention or expense is required to handle those materials at the waste treatment facilities without a special permit issued by the city. (J) Any water or waste with a chlorine demand greater than 15 milligrams per liter. (K) 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. (L) Volume of flow or concentration of wastes constituting a slug as defined in 26.115. ~ (M) 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. (N) Any waters or wastes containing suspended solids in excess of 175 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. (O) Any waters or wastes with a five-day, 20° C. B.O.D. greater than 220 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. (P) Any waters or wastes containing chemical oxygen demand (COD) greater than 440 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. (Q) Total toxic organics as defined in 40 CFR, Part 413.03[c] are not to exceed 5.0 mg/1, with no one parameter over 1.0 mg/1. (R) Any waters or wastes with an ammonia nitrogen content greater than 50 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 strengthlsewer surcharge. 26.144 Pretreatment, Equalization Of Waste Flows (A) If any waters or wastes are discharged, or are proposed to be discharged to'the public sewers, which waters contain the substances or possess the characteristics enumerated in 26.143, 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 POTW 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 POTW and the city and subject to the requirements of applicable COdes, ordinances, laws, and compliance schedules as established by the 15 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. 26.145 Interceptors Grease, oil, hair, lint and sand interceptors are to be provided when, in the opinion of the Utilities Director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand, or other harmful ingredients; except that those interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the city and shall be so located as to be readily and easily accessible for cleaning and inspection. 26. 146 Maintaining Flow-Equalizinq 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 expense. Use of solvents and/or detergents and/or soaps, and/or degreasers is restricted to those levels which do not interfere with the proper functioning of the interceptors. Interceptors like, but not limited to, grease traps, lint traps, or grit traps must have a watertight closure for their inspection covers. The covers themselves must be of a type to conform with the plumbing codes of the City's Building Department. 26.147 Admission Of Industrial And Commercial Waste Ail 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 commerciali 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) Ammonia nitrogen milligrams per liter. greater than 50 d) An oil/grease content milligrams per liter. greater than 100 e) A total toxic organic content of greater than 5 milligrams per liter - with no one parameter over 1 milligrams per liter. 16 (2) The user shall provide chemical analyses of the discharge according to a schedule to be established by the POTW 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 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. (D) When required by the Utilities Director, any establishment discharging industrial or commercial wastes into the sewer system shall construct and maintain at its sole expense a suitable control manhole or other suitable control station downstream from any treatment, storage, or other approved works to facilitate observation, measurement, and sampling of all wastes including all domestic sewage from the establishment. The location and methods of construction of the control station shall be approved by the Utilities Director. The control station shall be maintained by the establishment so as to be safe and accessible at all times. If any establishment wishes to meter its waste discharge into the sewer system to verify in-product water retention or other uses of metered flow, they may, at their sole expense, install a flow-metering device as approved by the Utilities Director. The control station shall be accessible to city personnel at all times for sampling. All authorized POTW 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 ninety (90) days following written notification by the City. NATIONAL CATEGORICAL PRETREATMENT STANDARDS 26.148 Compliance (A) Industrial users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all national categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations and as required by the city. Industrial users with integrated facilities shall comply with any alternative discharge limits as set by the city. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated, and maintained solely at the user's expense. Detailed plans showing the pretreatment ~facilities and operating procedures shall be submitted to the city !for review at the request of the city. The review of those plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to the city prior to the user's initiation of the changes. (B) Ail records relating to compliance with pretreatment standards shall be available to officials of the city, the POTW, EPA, or FDER upon request. 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 17 industrial subcategory, the pretreatment standard, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter and shall be considered part of this chapter. After the city receives notice, the city shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12. 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. 26.151 Excessive Discharge Ail 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. 26.152 Prevention of Accidental 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, or a type which is generally acceptable to the Florida Department of Environmental Regulation, the Palm Beach County Department of Environmental Resources Management, and the South Florida Water Management District. (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) In the case of an accidental discharge, it is the responsibility of the user to immediately notify by telephone, the Utilities Director, the Executive Director of the POTW, and the POTW. The notification shall include location of discharge, type of waste, concentration and volume, and correction actions. 26.153 Written Report Required Describing Cause Of Discharge Within five (5) days following an accidental discharge, the user shall submit to the POTW 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 POTW, fish kills, or 18 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. 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. 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 POTW, the EPA Regional Waste Management Division Director, and the State hazardous waste 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. 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, the volume, concentration, and mass of such wastes, the type of discharge (continuous, batch, or other), and an estimate of the volume of hazardous wastes expected to be discharged during the following twelve months. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. This requirement shall not apply to pollutants already reported under the self-monitoring requirements. (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). 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 26t.30(d) and 261.33(e). (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 POTW~ 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 prac%icable 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. REPORTING, INSPECTIONS, AND MONITORING 26.156 Compliance Date 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 19 submit to the Utilities Director, a monitoring report indicating i 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 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. 26.157 Periodic Compliance Report Each significant user and/or permittee shall submit to the city during the months of May and November, 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. 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 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. 26.158 Inspection And Sampling 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, POTW, state DER, 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, POTW, DER, and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. 26.159 information And Data To Be Made Available 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. WASTE DISCHARGE PERMITS 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 20 to five years. These permits involve the implementation of a formula for surcharge for wastes which exceed the sewage parameters for strength as set forth in 26.140 through 26.146. Permits shall not be transferred~ conveyed, assigned, or sold. 26.161 Application For Permits A waste discharge permit program for all of the city's industrial users is adopted as follows: (A) The application for a waste discharge permit shall be of a form specified by the Utilities Director. (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. Refer to Section 26.164. (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) 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. USER CHARGE AND INDUSTRIAL COST RECOVERY SYSTEM 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 21 wastewater by the regional wastewater facility: (a) ,, (b) ii (c) i.i (d) Operation and maintenance Debt service Capital costs System expansion Others as applicable Consult the Water/Sewer Billing Department for the prevailing rates expressed as $/ 1,000 gallons of water consumption. (2) Sewer Surcharge. A surcharge for waste in excess of the parameters for strength established in the industrial and commercial waste ordinance, and set forth in 26.147(B) which may be assessed to applicable customers. (B) Wholesale Sewer Rates. (1) This section is applicable to those wholesale customers which maintain their own wastewater collection systems. They shall be charged a flat rate per 1,000 gallons, the quantity of which shall be determined by the metering of the wastewater discharge from each wholesale customer's individual wastewater collection system. (2) The metering device shall be satisfactory to the city and shall provide for a separate remote 30-day recording device which shall have a totalizer. Location of the metering device shall be at an accessible location as agreed upon by the parties involved and as further explained and stipulated in an agreement to be executed by both parties. (3) Ail costs incident to the furnishing, installation, and initial calibration, 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. The meter shall be transferred to the City via Bill of Sale, and maintenance shall be performed by the City from that time forward. (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: Parameter Percent of Affect on Costs Allowable Level of Sewage Strength BOD-5 41 220 mg/1 (ppm) TSS 15 175 " " 22 Ammonia COD 41 50 " " 41 440 " " Let: F = FI + F2 + F3 Where: F = The factor to multiply the sewer rate for a surcharge due to excess strengths. FI = the strength factor for BOD-5 or COD, whichever is higher. F2 = the strength factor for TSS (total suspended solids) F3 = the strength factor for ammonia (total ammonia) (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 600 mg/1; BOD5 of 500 milligrams per liter; total suspended solids of 900 milligrams per liter; Ammonia at 100 mg/1; Prevailing monthly sewer rate is $1.52 per 1,000 gallons. (1) Sewer Rate: $1.52/1000 gallons (100,000 gallons/month) = $152/month (2) Sewer Surcharge Calculation: F1 = 0.41 (500-220) = 0.52 220 F2 = 0.15 (900-175) = 0.62 175 F3 = 0.41 (100-50) = 0.41 5O F = 0.52+0.62+0.41 = 1.55 (3) Total Monthly Charge (Sewer Rate Plus Surcharge): $152/month + $152/month(1.55) = $ 387.60 ('80 Code, 29-74) 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 in 26.140 through 26.147. (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 wii!l be based on effluent analyses at a frequency determined by the.User's water consumption 23 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 Lgboratory 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 as in 26.164. (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 Regulation or the United States Environmental Protection Agency. 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 (See also 26.161): (1) SIU Industrial Permit Fee-S500.00 plus monitoring costs. ~. (2) Commercial/Industrial User Fee-S50.00 plus monitoring costs Permit Fees,Commercial/Industrial User Fees and related monitoring costs reimbursements must be paid within thirty (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 twelve 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 Ordinance. 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. 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 24 the nature of the violation. The person shall provide a written plan within thirty (30) days for the satisfactory correction thereof. (B) Any person violating any of the provisions of the ii subchapter shall become liable to the city for any expense, loss, or damage occasioned the city by reason of that violation. ADMINISTRATION 26.167 Responsibility For Treatment And Disposal The POTW 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. 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 POTW 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 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 POTW 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. 26.169 Suspension of Wastewater Treatment Service; Notice To Stop; Discharge; Failure to Comply (A) 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 order 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 POTW, caused the POTW to violate any condition of its NPDES permit, or causes the city to be in violation of any of its agreements with the POTW. (B) 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 order, the city shall take steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the city or POTW systems or endangerment to any individuals. The city may reinstate the wastewater treatment service upon proof of the elimination of the noncomplying 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 fifteen (15) days from the date of the occurrence. 26.170 Publication of Users in Significant Noncompliance 25 The City shall publish annually, in the largest daily newspaper published in the City a list of the industrial users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall mean: (A) Chronic w[olations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of wastewater measurements taken during a 6-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount; (B) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a 6-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except PH); (C) Any other discharge violation that the City believes has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of City personnel or the general public); (D) Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the City's exercise of its emergency authority to halt or prevent such a discharge; (E) Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; (F) Failure to provide within 30 days after the due date, any required reports, including baseline monitoring reports, 90 day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules; (G) Failure to accurately report noncompliance; (H) Any other violation(s) which the City determines will adversely affect the operation or implementation of the local pretreatment program. \ VIOLATIONS; REMEDIES 26.171 False Statements Of Documents prohibited No person shall knowingly make any false statements, representation, or certification in any application record, report, plan, or other document filed or required, to be maintained pursuant to this chapter, or falsify, tamper with, or knowingly render inaccurate any monitoring device or method required under this chapter. 26.172 Show Cause Hearing (A) Any user subject to enforcement action under the provisions of this chapter may request a hearing before the Utilities Director within ten (10) 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. (B) The Utilities Director may conduct the hearing and take the evidence, or, at.the Utilities Director's sole discretion, may 26 designate the City Attorney or an independent arbitrator to: (1) Issue, in the name of the city, notices of hearing requesting the attendance and t.estimony 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 D~rector or his designee for action thereon. (C) At any hearing held pursuant to this chapter, 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. (D) After the Utilities Director or his designee has reviewed the evidence, he may issue an order to the user responsible for the non-compliance(s) stating that, following a thirty (30) day time period to provide remediation of non-compliance(s), penalties as per 26.167 will go into effect. Further orders as are necessary and appropriate may be issued. (E) 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 chapter. (F) Costs for conducting a Show Cause Hearing shall be born by the User requesting the hearing if the enforcement action is upheld. 26.173 Legal Action Against Use For Appropriate Relief If any person discharges sewage, industrial wastes, or other wastes into the city's wastewater disposal system contrary to the provisions of this chapter, federal or state pretreatment requirements, or any Order of the city, the city's 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. 26.174 Retention Of Records Required Ail users are required to retain and preserve for no less than three (3) years~ any records, books, documents, memoranda, reports, correspondence, 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. Ail records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the POTW 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. 26.175 Enforcement Plan An escalating enforcement strategy shall be used by the City to maintain compliance with this Ordinance. The various types of enforcement actions shall be used as determined by the Director of Utilities 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 POTW. 27 26.176 Penalties Failure to comply with any Division IV, Chapter 26 ordinances that relate to the actual and/or potential introduction of prohibited and/or restricted effluents into the sanitary sewer system requires penalties as mandated by federal law; e.g. Federal Pretreatment Regulations Section 403.8(f)(1)(vi)(A) requires penalties up to the amount of $1,000.00 per day per violation which goes uncorrected beyond the time limits allowed by provisions of Article IV, Chapter 26 and/or subsequently developed compliance schedules for implementation of corrective actions. (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 up to $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. 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) Any person who shall continue any violation beyond the time limit provided for in 26.166 shall be guilty of a violation, and on conviction thereof, shall be penalized in the amount not exceeding $5,000 for each violation. Each day in which any violation shall continue shall be deemed a separate offense. (C) Within 30 days of any and all violations, the user shall cause a sample of the discharge to be taken and laboratory analysis performed on said sample at their expense with the results to be provided to the Utilities Director. The Utilities Director may require further sampling at such times as deemed appropriate. (D) Whoever violates 26.171 shall, upon conviction, be punished by a fine/penalty of not more than $1000 or by imprisonment for not more than sixty (60) days, or by both. Section 2. That each and every other provisions of Chapter 26. not herein specifically amended shall remain in full force and effect as previously enacted. Section 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 5. Authority is hereby igranted to codify said ordinance. . Section 6. This ordinance shall become effective immediately upon passage. FIRST READING this ~ day of ~//~/~/ , /~ 28 SECOND, FINAL READING and PASSAGE this OF day of BEECH, FLORIDA ATTEST: lerk Commissio (Corporate Seal) Sewer.Ord 9/25/92,11/17/92 4/12/93, 4/16/93 29