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
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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".
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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