BOYNTON 26Chapter 26
WATER, SEWERS AND CITY UTILITIES*
Art. I. In General, §§ 26 - 1 — 26 - 9 Art. V. Cross - Connection Control and Backflow
Art. II. Extensions, Replacements and Additions, Prevention, §§ 2 6 - 205 — 26 - 299
§§ 26 - 10 — 26 - 37 Art. VI. Stormwater System, §§ 26 - 300 — 26 - 399
Div. 1. Generally, §§ 26 - 10 — 26 - 26 Art. VII. Stormwater Utility Fees, §§ 26 - 400 — 26 - 408
Div. 2. Cumulative Provisions for *Cross references - Utilities department, § 2 - 3;
Expansion of Water and Sewer operating capital improvements fund, § 2 - 14; plumbing
Systems , §§ 26 - 27 — 26 - 37 generally, § 5 - 28 et seq.; collection and di sposal of refuse
Art. III. Water Shortage Plan, §§ 26 - 38 — 26 - 55 by city, § 10 - 22 et seq.; sewer systems in subdivisions, App.
Art. IV. Sewers, §§ 26 - 56 — 26 - 111 C, Art. IX, § 10; water systems in subdivisions, App. C, Art.
Div. 1. Generally, §§ 26 - 56 — 26 - 72 IX, § 15.
Div. 2. Reserved, §§ 26 - 73 — 26 - 99
Div. 3. Reserved, §§ 26 - 100 —
26 - 111 ARTICLE I. IN GENERAL
Div. 4. Industrial and Commercial Waste ,
§§ 26 - 112 — 26 - 203
Subdiv. A. General, §§ 26 - 112 — Secs. 26 - 1 — 26 - 7. Reserved.
26 - 124
Subdiv. B. Private Sewage Disposal
System, §§ 26 - 125 — 26 - 130 Sec. 26 - 8. Water and sewer connection, deposit
Subdiv. C. Installation and and service charges.
Connections, §§ 26 - 131 —
26 - 139 There is hereby established a fee structure for water
Subdiv. D. Use of Public and sewer service, turn Sewers, §§ 26 - - ons, meter connections and deposits 140 — 26 - 147
Standards, §§ 26 - 148 — and miscellaneous services as set forth below:
26 - 155
Subdiv. F. Reporting, Service Charge
Inspections, and
Monitoring, §§ 26 - 156 — Turn - on $20
26 - 159 Turn - off $20
Subdiv. G. Waste Turn - on after hours $55
Discharge Permits, Turn - o ff after hours $55
§§ 26 - 160, 26 - 161 Meter test* $20
Subdiv. H. User Cha rge Re - read* (customer request) $20
and Industrial Cost Water shut - off charge for non - payment $40
Recovery System, Labor charge for meter upgrades $60
§§ 26 - 162 — 26 - 166 Flow test* $30
Subdiv. I. Administration,
§§ 26 - 167 — 26 - 170 *No charge if meter error city's error, or sub - standard flow
Subdiv. J. Violations, rate is detected.
Remedies,
§§ 26 - 171 — 26 - 204
1
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Meter Connection Charges
Sec. 26 - 8.1 Water and sewer deposits; accounts,
credits, termination and re -
Meter
connection.
Size Inside Outside
(in inches) City City Deposit
(a) Accounts. All utility deposits collected by
the city pursuant to this chapter shall be maintained in a
5 3
/ and / $220 $275 $100
8 4
non - interest be aring account.
1 $255 $315 $125
1
1 / $455 $565 $250
2
(b) Credits on deposits for residential
2 $530 $660 $400
customers. On December 1st of each year the city will
3 Furnished and installed by and at the expense of
customer $750
refund utility deposits to residential customers who have
4 Furnished and installed by and at the expense of
maintained a consecutive twelve (12) month satisfactory
customer $1,250
payment record and have establ ished services for a
6 Furnished and installed by and at the expense of
consecutive twenty - four (24) month period. Accounts
customer $2,500
classified as commercial are not eligible for refunds
8 Furnished and installed by and at the expense of
described in section (b) hereof prior to termination of
customer $4,000
service. For purposes of this section a "satisfactory
payment record" s hall mean that the customer:
Construction Mete rs
(1) Has not made more than one late payment after
the expiration of 30 days from the date of mailing.
Meter
Size
(2) Has not paid with a check refused by the bank.
(in inches) Penalty for Nonread/month Deposit
3 (3) Has not been disconnected for non - payment.
/ $25 $100
4
1 $25 $100
1
(4) Has not tampere d with the meter.
1 / $25 $200
2
2 $25 $250
(5) Has not used service in a fraudulent or
Hydrant meter $150 $600
unauthorized manner.
If the customer requests to increase the size of his
Notwithstanding the foregoing, if subsequent to the
water meter to a size greater than originally installed, the
refund of the deposit to the residential customer, the
customer shall pay only the differential cost between the
customer shall become delinquent for a period in excess of
original meter and the cost of the new meter for both the
30 days the city may require the customer to pay a new
connection and deposit charges. (Ord. No. 90 - 35, § 2,
deposit within 15 days of written notice. Said deposit shall
9 - 18 - 90; Ord. No. 02 - 045, § 2, 8 - 20 - 02)
also be subject to refund in accordance with the provisions
Editor's note - Ord. No. 90 - 35, §§ 2, 3, adopted Sept.
of this section.
18, 1990, provided for the inclusion of provisions
pertaining to water and sewer service charges and monthly
(c) Termination of service. Upon termination of
rates. Such provisions, designated as §§ 26 - 36 and 26 - 37,
service the de posit, if not already refunded to the customers
have been redesignated by the editor as §§ 26 - 8 and 26 - 9,
account, shall be credited against the final bill and the
for purposes of classification.
balance, if any, shall be returned to the customer in the
form of a check.
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(d) Re - connection. Customer shall be required to
The base facility charge is used to defray those non -
place a new deposit on account according to the then
consumption related operational expenses such as salaries,
current rate upon re - connection to the city system.
debt service, meter reading, billing and maintenance
activ ities associated with the City's utility department, that
(e) Billing for utility service for parcels that will
are incurred regardless of water usage.
receive both water and sewer service shall commence on
(Ord. 95 - 32, § 1, 9 - 19 - 95; Ord. No. 00 - 54, § 2, 10 - 17 - 00)
the first day that either a sewer connection is made, or the
water meter is set in place. Billing for parcelsreceiving
sewer service shall commence on the day that the sewer
Sec. 26 - 9. Water and wastewater rates and
service line is connected to the City's utility system. For
charges.
initial billing periods of les s than 30 days, the base facility
charge will be pro - rated by multiplying the standard base
The monthly rates and charges for water an d
facility charge by the number of days the service was
wastewater shall be as set forth in the five - year schedules
provided, and then dividing by 30.
in this section. Such rates shall become effective on
October 1st of each of the fiscal years indicated and shall
(f) Base facility charge. The base facility charge is
not be prorated:
defined as the mon thly base fee charged per unit that shall
be levied upon the initiation of service.
SCHEDULE I. POTABLE WATER RATES
(a) Residential Rates:
M onthly Potable Water Usage Inside City Outside City
Base facility charge $4.00 per month $5.00 per month
0 - 9,000 gallons/month $1.15 per thousand gallons $1.44 per thousand gallons
9,001 - 30,000 gallons/month $1.96 per thousand gallons $2.45 per thousan d gallons
Over 30,000 gallons/month $2.75 per thousand gallons $3.44 per thousand gallons
(b) Commercial Rates:
Monthly Potable Water Usage Inside City Outside City
Base facility charge $8.00 per month $10.00 per month
0 - 9,000 gallons/month $1.15 pe r thousand gallons $1.44 per thousand gallons
9,001 - 30,000 gallons/month $1.96 per thousand gallons $2.45 per thousand gallons
Over 30,000 gallons/month $2.75 per thousand gallons $3.44 per thousand gallons
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SCHEDULE II. WASTEWATER RATES
ARTICLE II. EXTENSIONS,
REPLACEMENTS AND ADDITIONS
(a) Residential and commercial rates inside city:
DIVISION 1. GENERALLY
Commodity Rate Dollars Rate If No
Fiscal Base Per Thousand Gallons Water Meter
Sec. 26 - 10. Definit ions.
1990 - 91 $ 7.97 $1.27 $16.45
1991 - 92 8.69 1.36 17.48
The following definitions of words and phrases shall
1992 - 93 9.41 1.45 18.58
apply in interpreting this article:
1 993 - 94 10.13 1.54 19.74
1994 - 95 10.13 1.54 19.74
Facilities shall mean the existing sewer and water
(b) Residential and commercial rates outside city:
systems of the city.
Off - site shall mean the area up to the point or points of
Commodity Rate Dollars Rate If No
joining of the facilities to the system.
Fiscal Base Per Thousand Gallons Water Meter
System shall mean the sanitary sewerage collection
1990 - 91 $ 9.96 $1.59 $20.55
system and all facilities incident thereto, and all water
1991 - 92 10.86 1.70 21.84
mains and distribution lines and appurtenances incident
1 992 - 93 11.76 1.51 23.21
thereto within a development.
1993 - 94 12.66 1.93 24.67
1994 - 95 12.66 1.93 24.67
Water main shall mean and refer to the wa ter main
The maximum sewer commodity charge for residential
owned, operated and maintained by the city.
customers (in city or outside city) will be based upon a
(Code 1958, § 30B - 2; Ord. No. 80 - 10, § 1, 4 - 1 - 80)
maximum sewer usage of seven thousand (7,000) gallons
per month. Commercial accounts will be billed sewer
charges based upon total water usage.
Sec. 26 - 11. Plans and specifications to be
approved by city officers.
For multi - family buildings (in city or outside city) in
which several dwelling units are serviced by a single meter,
In connection with the installation and construction of
the base facility charge per meter shall be calcul ated by
any extension, repla cement or addition to the existing
multiplying the number of dwelling units times the standard
municipal utility systems, including but not limited to sewer
base charges for water, sewer and stormwater. The billing
and water, whether such extension, replacement or addition
for consumption shall similarly be calculated by dividing
is within or outside the territorial limits of the municipality,
the total monthly consumption for each meter by the
or whether such extension, replacem ent or addition is to be
number of dwelling units, in order to determine the billing
publicly or privately owned and maintained, it shall be
rate and amount per dwelling which is then multiplied by
mandatory that prior to issuance of any building permit for
the number of units on each meter. Billing for utility
the system itself or structures to be located within any
services for multi - family parcels shall commence on the
proposed building project, as more particu - larly described
first day that either a sewer connection is ma de or a water
hereinafter, or other authorization to proceed be granted, in
meter is set in place.
connection with such project or projects, that the plans and
specifications for such extension, replacement or addition
If the utility account is temporarily disconnected, there
be approved by the office of the city manager, the utilities
shall continue to be a minimum charge for water and
director, th e city's engineers, and the chief of the fire
wastewater billed monthly and calculated at the
department.
base rate for the applicable billing category.
(Code 1958, § 30B - 1; Ord. No. 80 - 10, § 1, 4 - 1 - 80)
(Ord. No. 90 - 35, § 3, 9 - 18 - 90; Ord. No. 94 - 30, § 1,
9 - 20 - 94; Ord. No. 00 - 54, § 3, 10 - 17 - 00; Ord. No. 02 - 045,
§ 3, 8 - 20 - 02)
Note - See the editor's note following § 26 - 8.
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Sec. 26 - 12. Approval of plans by state.
Sec. 26 - 15. Approval of utility service provision
prerequisite to building permit for
Subsequent to the foregoing municipal officials
development.
approv ing such plans and specifications for proposed
additions, replacements or extensions to the municipal
Any proposed building project or development to be
utility systems, same shall be approved by the Palm Beach
located within the city involving commercial and industrial
County Health Department, Florida Department of
units or more than two ((2) residential units, shall be
Environmental Regulation prior to issuance of co nstruction
considered to involve the general public welfare and
permits. (Code 1958, § 30B - 1; Ord. No. 80 - 10, § 1, 4 - 1 - 80)
interest and as such, no building permit will be issued
therefor by the building department unless and unt il plans
and specifications for additions to the municipal utility
Sec. 26 - 13. Supervision when work not done by
systems, as hereinabove described, indicating the manner in
city; deposit required.
which said project shall be serviced utility - wise have been
approved by the municipal officers above indicated and it
Where such extension, replacement or addition is to be
shall be ma ndatory that any changes or alterations in said
constructed and/or financed by private developers, rat her
proposed plans and specifications designated by said
than municipal forces, or their supervised agents or
officials be effected prior to issuance of subject permits.
contractors, such private developer shall coordinate all
(Code 1958, § 30B - 1; Ord. No. 80 - 10, § 1, 4 - 1 - 80)
installations with the municipal utilities department, in
order to insure supervision of such installation by a duly
authorized supervisor or supervisors designated by said
Sec. 26 - 16. Prerequisites to approval of
officials, at all stages of construction, in order that such
development permit.
installation is made in full compliance with approved plans
and specifications. It shall be a further and additional
In connection with review of any proposed plans or
requirement that prior to issuance of any proje ct building
specifications above described by the designated municipal
permit or installation permit for any project involving
officials, the following shall be determined:
extension, replacement or addition to any municipal utility
system, the total cost of supervision by the city be paid by
(a) That the size, location and design of the pipes,
the developer and that a sum sufficient to cover such cost as
pumps, lift stations o r piping intended to serve the
estim ated by the municipal utilities director be deposited
area shall be sufficient to insure adequate flow
with the city by the private developer prior to issuance of
and pressure, based upon the size, height and
said permits. (Code 1958, § 30B - 1; Ord. No. 80 - 10, § 1,
density of the subject development. In addition, it
4 - 1 - 80)
shall be affirmatively determined that the off - site
utilities are sized to com ply with the Master
Comprehensive Utilities Plan of the city;
Sec. 26 - 14. Certification that bills paid
provided, however, that if said compliance
prerequisite to approval by cit y.
requires any oversizing of the pipes or piping
necessary to serve the subject development, the
Prior to final acceptance of any project described
developer (or developers) by joint written
hereinabove, the city shall be furnished with an affidavit
agreement wit h the City shall finance the needed
from the developer that all bills for labor, services and
areas' off - site utilities to a capacity necessary to
materials incurred by the developer in connection with
serve the property of the developer (or
subject installation project have been paid in full. (Code
developers) in accord with the master plan and;
1958, § 30B - 1; Ord. No. 80 - 10, § 1, 4 - 1 - 80)
any over - sizing of said off - site utilities
constructed
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in accord with the master plan shall be initially
financed by the developer (or developers) unless,
in response to the developer's request, the city
council agrees to fund the oversizing costs in an
amount equal to the oversizing costs plus f ifteen
(15) percent administrative cost to be paid by the
developer (or developers); additionally provided
that the owner may pay the costs of such
oversizing with such costs to be accounted as a
credit against the owner's capital facilities charge
pursuan t to section 30B - 4(G) hereof. In addition,
the
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proposed system shall provide adequate fire prevention used toward the other's obligation. (Code 1958,
needs and adequate safeguards in the proposed system to § 30B - 1; Ord. No. 80 - 10, § 1, 4 - 1 - 80)
provide emergency service in the event of accidental
breakage and loss of pressure within said system as
Secs. 26 - 17 — 26 - 26. Reserved.
determined by the city.
(b) That the proposed water system contains
sufficient provision for fire hydrants with relation DIVISION 2. CUMULATIVE PROVISIONS FOR
to distance between said hydrants an d proximity EXPANSION OF WATER AND SEWER
to structures within the proposed development. SYSTEMS
Further, that said hydrants will be located at
points within the proposed development to enable
Sec. 26 - 27. Scope.
ready and direct access by mechanical apparatus
of the municipal fire department or if within the
cou nty, the appropriate fire district. The ci ty has accepted the responsibility to provide
water and sewerage services within its “area” as a regional
(c) The size, type, number and method of installation service agency as designated by the Palm Beach County
of any water meter or meters proposed to be Area Planning Board; roughly from the Atlantic Ocean and
installed or added to the municipal water utility west to the E - 3 canal, and from Hypolux o Road on the
system in connection with any building project as north, south to the north city limits of Delray or as
hereinabove describe d, shall be determined and specifically delineated by the area planning board. (Code
approved prior to installation thereof by the 1958, § 30B - 3; Ord. No. 80 - 10, § 1, 4 - 1 - 80)
municipal utilities director. In addition, all
required water meters serving the proposed
Sec. 26 - 28. Feasibility study.
development shall be placed at locations which
will enable municipal personnel to efficiently
service and read said meters and developer shall When a developer and/or property owner requests in
grant permission and legal authority to the city for writing utilities service from the city, a feasibility study, the
the purpose of city personnel having access to said cost of which shall be borne entirely by the developer
meters. and/or property owner, for the extension of utilities shall be
conducted by the city's engineers. Said feasibility study
(d) It is not the intent of this chapter to guarantee, for shall include an analysis and estimate of:
an extended period of time, adeq uate capacity to
serve the developer's (or developers') property, (a) Projected operation costs;
however, the written agreement to be executed
with the city will state the time period of the (b) Projected maintenance costs;
guarantee. The capital facility charge will remain
as it is at the time of the execution of this (c) Projected revenue, related to this project.
agreement during the time period of the guarantee
and will thereafter be as from time to time The city council shall authorize such feasibility study
amended. when the developer and/or property owner shall escr ow
with the city monies sufficient, in the discretion of the city,
(e) The capital facility charge credits will be to conduct said feasibility study. (Code 1958, § 30B - 4; Ord.
separately accounted for in either the water No. 80 - 10, § 1, 4 - 1 - 80)
portion or the sewer portion of the city's utility
fund, and will not be interchangeably
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Sec. 26 - 29. Proposal and approval.
(b) The city's engineers will design all off - site water
and sewage facilities which shall be constructed by the city.
(a) All projects submitted by the devel oper after a
feasibility study and/or property owner proposing any (c) The on - site sewage collection system and water
improvement, extension or expansion of any system shall distribution system shall be designed by the developer
be approved by the city manager, utility director and the and/or property owner (both as found, i.e., in a development
city's engineers. Any proposal will be in writing, describing or a subdivision).
in detail the purpose, scope and an analysis of the feasibility
of the project. (d) In all cases, all designs for on - site facilities will
comply with city code requirements contained herein and
(b) Detailed plans and specifications may also be will be approved by the city and the city's engineers prior to
requested. construction and be insp ected by the city or their
representative, all at the expense of the developer and/or
(c) The city manager, in conjunction with the city's property owner. (Code 1958, § 30B - 4; Ord. No. 80 - 10, § 1,
engineers, shall, within thirty (30) days, approve plans, or 4 - 1 - 80)
deny any p roposals if:
Sec. 26 - 31. Financing.
(1) The proposal fails to comply with a requirement
of the city code or authorized regulations, or
(a) Design by city. In all cases, developers and/or
(2) The proposal will result in an economic operating property owners will ext end monies to the city to cover the
loss to the city, or cost of initiating and designing all or any portions of the
transmission, collection and treatment facilities. This will
(3) The proposal does not comply with the city's be fifteen (15) percent of the total estimated cost of any
master comprehens ive utilities plan. project as determined by the city's engi neers.
(d) Any denial may be appealed to the city council. (b) Construction by city. In all cases, developers
and/or property owners will pay the estimated cost of any
(e) If no city water: A sewerage system proposal to project, such monies to be paid to the city upon execution
extend sewer service to any area not served, and not to be of an agreement between owners and/or developers and the
concurrently served by the city's water system, may be city to provide servic e and beginning of a construction
initiated only after approval by the city council. project, plus agreement in writing to pay on demand, any
additional expenses actually incurred by the city in
(f) If no city sewerage system: A water system construction. (Code 1958, § 30B - 4; Ord. No. 80 - 10, § 1,
proposal to extend water service to any area not served, and 4 - 1 - 80)
not to be concurrently served by the city's sewerage system,
may be initiated only after approval by the city council.
Sec. 26 - 32. Design standards.
(Code 1958, § 30B - 4; Ord. No. 80 - 10, § 1, 4 - 1 - 80)
All plans and specifications relating to sewerage and
Sec. 26 - 30. Responsibility for design.
water systems extension projects shall comply with
established subdivision and building regulations and shall
(a) The city's engineers will design both the water have affixed to them the seal of a registered professional
treatment plant, raw water supply facilities and the sewage engineer. With respect to on - site facilities, t he property
treatment plant and disposal facilities. owner and/or developer authorized to undertake the project
shall file with the city manager a reproducible set of plans
showing the completed work, as built, together with an
affidavit of
Water, Sewers and City Utilities
9
periodic and fi nal inspections by a registered professional and conditions of the affidavit to be approved by
engineer, certifying that the work as constructed complies the city attorne y.
with established city standards, and shall obtain final
project approval from the city manager. (Code 1958, (c) Building sewer or water line. Every “building”
§ 30B - 4; Ord. No. 80 - 10, § 1, 4 - 1 - 80) sewer or water line shall terminate at the owner's
property line and shall be installed and connected
to the building plumbing by the property owner at
Sec. 26 - 33. Construction standards.
his expense.
All extensions of the city's sewerage and water (d) Connection to city facilities. Actual
systems shall comply with “Appendix C” of the city Code interconnection of an extension with the existing
and/or the following standards: city sewerage or water system shall be prevented,
by omitting a connecting section or by placing a
(a) Location. All sanitary sewers, sewerage pumping temporary bulkhead in the connecting lines, until
stations, water mains and related appurtenances to the extension project has been fully inspected and
be conveyed to the city, shall be located only in approved and all other conditions for extension of
public rights - of - way, on city owned property or in service have been met.
easements acceptable to the city. There the
property is under development, sewerage and (e) Ownership. All portions of a sewerage or water
water system extensions shall not be installed system extension project located in a public right -
u ntil: of - way, city - owned property or a public easement
shall, upon installation and acceptance by the city,
(1) The finished grades of the rights - of - way or become the property of the city, and the filing of
easements have been established and an application for approval of construction of such
approved by the city, and a project by a property owner and/or developer
(2) The rights - of - way or easements have been shall be deemed to be consent to such transfer of
constructed to at least design subgrade. ownership. The property owner sh all execute and
deliver to the city such deeds or other evidences
(b) Installation standards and inspection. All of ownership as the city may require; provided,
insta llations shall be made in a manner and of however, that no consideration shall be authorized
such materials as are in accordance with standards to be given by the city to such property owner for
and requirements established by the city, and all the execution and delivery to the city o f such
plans, specifications, premises, or construction deeds or other evidences of ownership unless such
sites shall be subject to inspection and approval by consideration is first approved by the city council
the city ma nager or his designee at any time (Code 1958, § 30B - 4; Ord. No. 80 - 10, § 1,
during or after completion of construction prior to 4 - 1 - 80)
acceptance by the city. No installation or
construction by a property owner and/or developer
Sec. 26 - 34. Capital facilities charges and
shall be accepted by the city as finally approved
connection charges.
until there is delivered t o the city an affidavit
which adequately protects the city's interests
against mechanics' liens or other liens which (A) CAPITAL FACILITIES CHAR GE IMPOSED.
might be asserted against the property under When property receives water and/or sewage service from
applicable law; the form a systems owned or controlled by the city, the owner of such
property shall pay unto
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the city a water and/or sewage capital facilities charge as within the p roperty shall be determined in
f ollows: accordance with the schedule attached to
Ordinance Number 80 - 10 [Article II of this
(1) Water: chapter] and by reference made a part
thereof.
(a) Property located within the municipal limits
of Boynton Beach. Nine hundred thirty - three (b) Property located beyond the municipal limits
dollars ($933.00) per equivalent dwelling of the City of Boynton Beach but within the
unit. “Equivalent dwelling unit” is defined as utility service area. Two hundred seven
a unit of construction having the same water dollars ($207.00) per equivalent dwelling
usage as a one bedroom single - family home, unit. “Equivalent dwelling unit” is defined as
and the number of equivalent dwelling units, a unit of construction generating the same
for the purpose of this calculation, contained amount of sewage as a one - bedroom single -
within the property shall be determined in family home, and the number of equivalent
accordance with the schedule attached to dwelling units, for the purpose of this
Ordinance Number 80 - 10 [Article II of this calculation, contained within the property
ch apter] and by reference made a part shall be determined in accordance with the
thereof. schedule attached to Ordinance Number
80 - 10 [Article II of this chapter] and by
(b) Property located beyond the municipal limits reference made a part thereof.
of Boynton Beach but within the utility
service area. One thousand one hundred Said capital faci lities charge is designed to cover the
sixty - six dollars ($1,166.00) per equivalent cost of existing or additional raw water production
dwelling unit. “Equivalent dwelling u nit” is facilities, water treatment facilities and water distribution
defined as a unit of construction having the facilities together with sewage transmission facilities either
same water usage as a one - bedroom single - existing or additions and improvements t hereto which will
family home, and the number of equivalent be utilized by the city to provide water and sewer service to
dwelling units, for the purpose of this said property. Said capital facilities charge shall be paid or
calculation, contained within the property in part credited if appropriate upon the issuance of the first
shall be determined in accordance wit h the building permit issued on the owner's property and shall be
schedule attached to Ordinance Number computed based upon the rate in effect upon that date.
80 - 10 [Article II of this chapter] and by
reference made a part thereof. A capital facilities charge shall not be assessed to
restaurants for temporary outdoor seating on private
(2) Sewage: property. Temporary shall be defined as tables and seating
arranged and utilized d uring the months of November
(a) Property located within the municipal limits through April, commonly referred to as the "season."
of Boynton Beach. One hundred sixty - six Tables, chairs and benches utilized for temporary seating
dollars ($166.00) per equivalent dwe lling shall be removed and stored during the months of May
unit. “Equivalent dwelling unit” is defined as through October. Any permissible permanent seating,
a unit of construction generating the same whether i ndoors or outdoors, shall continue to be assessed
amount of sewage as a on - bedroom single - capital facilities charges. Under no circumstances shall any
family home, and the number of equivalent permanent or temporary seating be located partially or
dwelling units, for the purpose of this completely within required parking spaces, easements, fire
calculation, contained lanes, access aisles, or the pu blic right - of - way.
Water, Sewers and City Utilities
11
For properties located within the community
a system that has been previously oversized, will be to pay
redevelopment area that are assessed capital facilities
the proportional share (this developer(s) equivalent
charges pursuant to this section, the capital facilities charge
dwelling units as a percent of total equivalent dwelling units
may be paid in full prior t o or at the time of building permit
to be served by the oversize pipe) of the total cost
issuance or on an installment basis, without interest, for an
(engineering, construction, etc.) of the system plus the
amortization period not to exceed eighteen (18) months
fol lowing:
from building permit issuance. Should the installment
payment option be utilized, charges will be bill ed on a
(a) An adjustment equal to the engineering consumer
monthly basis, and the property shall only be credited for
price index increase, if any, since the contract date
the value of that portion of the capital facilities which has
of the construction of the oversizing.
been paid.
(b) An adjustment that represents the interest
If oversizing funding has been carried out by a
(assumed to be 9%) that the city would have
developer (or developers) that funding will have a capital
earned if the related capital facility charge credits
facilit y charge credited in an amount no greater than the
were not given to the developer or developers who
oversizing charge portion of the cost of original
funded the oversizing.
construction. Oversizing costs shall be defined to be the
relative carrying capacity of the oversized lines as
(c) An adjustment that represents an administrative
constructed versus the carrying capacity of the minimum
charge to the city for handling the oversizing
sized lines that would have been required to serve the
negotiations and procedures; the amount to be
development (or developments) participating in the funding
fifteen percent (15%).
as follows:
(d) Equivalent dwelling units capital facilities charge
A.* B. C.
then in effect for water and sewer services in
accord with this chapter as amended.
Developer(s) Capital Oversized Line Minimum Sized Facility
Charge Constructed as Lines Required to Credit as a Percent
Note: Example - Assume three (3) developers representing
Required by the Serve Participating
four thousand (4,000) equival ent dwelling units require a
of Costs Master Plan Developer(s)
twelve (12) inch line to serve them, and the three (3)
developers jointly agree with the city to fund a sixteen (16)
(Col. A x Col. B
inch line which will serve twelve thousand (12,000)
Costs)
equivalent dwelling units. The three (3) developers will p ay
the entire cost of the installation of the line, but would
44.444% 20 16
receive credits against capital facility charges for 52.318%
74.359 20 12
of the cost of the line divided among the three (3)
28.571 16 14
developers according to their individual share of the four
52.381 16 12
thousand (4,000) units . Developers tying - in to the system at
71.429 16 10
a later date would pay a cost per unit equal to 1/12,000 of
37.500 12 10
the construction costs plus items (a), (b), (c), and (d) above.
65.517 12 8
84.127 12 6
(B) USE OF FUNDS. All revenues derived from the
charges imposed by this section, in excess of the sums
*From “equation of pipe chart attached as Exhibit A”
required for actual reimbursement of costs for connection,
to Ordinance Number 80 - 10, which exhibit is set out
shall be placed in a separate capital
following this division.
If in providing water or sewer service to an owner or
developer, the city utilizes a part or parts of already
in stalled city facilities that have been oversized pursuant to
division 1 of this article, the responsibilities of each
developer receiving such service subsequent to the trunk
line construction agreement for connecting to
2002 S - 18
Boynton Beach Code
12
improvement fund to be known and designated as Capital
Conversion Factor
Improvement Account of the Water and Sewers Utilitie s
No. of Equivalent Annual
Fund, and shall be used only for the construction,
Residential Units Reservation
acquisition, addition, extension, renewal and replacement of
Type of Dwelling (ERU's) Fee
water and sewage systems of the city, as appropriated from
time to time by the council. If funds are not available in this
Residential:
fund either through revenue from capital facility charges or
balance from bond issue, for the city to approve a project to
Single - family, per meter 1.0 $ 138.60
extend water and sewer systems, the developer may
Apartment, per meter:
advance fees to the utility trust fund.
5/8" x 3/4" 1.0 138.60
(C) WATER CONNECTION CHARGE. When
1" 2.9 401.94
property receives water se rvice from the city facilities, the
2" 9.8 1,358.28
owner of such property shall pay unto the city a water
connection charge, based upon the size of the service line
Nonresidential, per meter:
and meters, for the cost of making the tap into the city
system, installation of the service lateral and m eters,
5/8" x 3/4" 1.4 194.04
together with the cost of the meters themselves. Said water
1" 5.7 790.02
connection charge shall be provided by the city
1½" 8.7 1,205.82
commission, as same shall from time to time be amended.
2" 15.2 2,106.72
3" 37.4 5,183.64
(D) SEWER CONNECTION CHARGE. When
4" 59.5 8,246.70
property receives sewage service from the city fa cilities and
6" 232.1 32,169.06
the owner of such property requests that the city install the
service lateral and make the actual tap into the city system, In cases where the required information is no t
the owner shall pay to the city the total cost of all labor available in sufficient detail to apply the above, a projected
performed and material supplied prior to the city flow or demand for the project, certified by a professional
performin g such services. engineer registered in the State of Florida, shall be required.
One (1) ERU shall then be equivalent to three hundred
(E) CAPACITY RESERVATION FEES. Any person eighty - six (3 86) gallons per day of flow or demand.
or property owner requesting a firm reservation of water
and/or sewage treatment capacity shall pay the city a The reservation fee shall be due and payable at any of
reservation fee for said capacity. The reservation fee is the following instances, whichever occurs first:
intended to equal the cost s for financing the necessary
capacity and administering this program, and all revenues (1) At time of concurrency review and certification;
therefrom shall be placed in the capital improvement fund or
described in this section. As such, the reservation fee is
hereby established as denoted in the following tabl e, for (2) Upon request for written confirmation of capacity
each year that capacity is to be reserved. reservation; or
(3) Upon request for the utilities director's signature
on department of health and rehabilitative services
or department of environmental regulation permit
applications for water and/or sewer main
extensions; or
(4) Upon issuance of a d evelopment order by the city;
or
(5) Upon renewal of an existing development order
by the city.
2002 S - 18
Water, Sewers and City Utilities
13
Reservation fees shall serve to reserve capacity for a period
not to exceed one (1) year. If the propert y owner has not If the use of any property served by the city's sewage
paid all applicable capital facilities charges prior to and water systems changes after April 1, 1980, (a) so as to
expiration of the reservation fees, then the fees must be change its classification for the purpose of c omputation of
renewed at the rate in effect at that time. Reservation fees the charge or (b) so as to increase the number of equivalent
are not refundable for any portion of the year during which units over the number of such units at either the time of
const ruction occurs. payment of the last charge April 1, 1980, whichever is later,
then the connection charge and the capital improvement fee
The property owner, may, at his discretion, pre - pay all re sulting from the change in property use shall be due and
required capital facilities charges in lieu of paying payable at the time of the change in property use, regardless
reservation fees. In such instances, firm capacity would be of whether any charge was ever imposed or paid at the time
reserved indefinitely without need for annual renewal. of initial connection to the system. The increased charge
(Code 1958, § 30B - 4; Ord. No. 80 - 10, § 1, 4 - 1 - 80; Ord. No. imposed by this sect ion shall be due and payable when the
80 - 21, § 1, 6 - 3 - 80; Ord. No. 83 - 37, §§ 1 — 4, 10 - 18 - 83; Ord. building permit for the activity causing the increased charge
No. 90 - 35, § 1, 9 - 18 - 90; Ord. No. 91 - 59, § 1, 8 - 20 - 91; Ord. is issued. (Code 1958, § 30B - 4; Ord. No. 80 - 10, § 1,
No. 93 - 03, § 1, 4 - 8 - 93; Ord. No. 97 - 02, § 1, 2 - 4 - 97; Ord. 4 - 1 - 80; Ord. No. 80 - 21, § 2, 6 - 3 - 80)
No. 02 - 045, § 4, 8 - 20 - 02)
Cross references - Service charges, § 26 - 8; monthly
Secs. 26 - 36, 26 - 37. Reserved.
rates, § 26 - 9.
Sec. 26 - 35. Additional charge.
[Tables appear on the following pages]
2002 S - 18
Boynton Beach Code
14
Water, Sewers and City Utilities
15
PALM BEACH COUNTY HEALTH DEPARTMENT
“GUIDELINES”
Estimated Sewage Flows
Equivalent Equivalent
Sewage Flow Dwelling Water Usage Dwelling
Gallons/Day Unit s Gallons/Day Units
Single - Family Homes:
(a) One - bedroom - One dwelling unit 250 1.0 312 1.0
(b) Two - bedroom 350 1.4 437 1.4
(c) Three - bedroom 450 1.8 562 1.8
(d) Four - bedroom 500 2.0 625 2.0
(e) Five - bedroom 550 2.2 687 2.2
(f) Additional b edroom, each 50 62
Apartment House:
(a) One - bedroom 200 0.8 250 0.8
(b) Two - bedroom 300 1.2 375 1.2
(c) Three - bedroom 400 1.6 500 1.6
Mobile Home Park, per unit:
Independent 250 1.0 312 1.0
Dependent 100 0.4 125 0.4
Motels or Hotels , with one - bedroom units,
per unit 100 0.4 125 0.4
Laundries (coin - operated), per machine 400 1.6 500 1.6
Office Buildings, per employee 20 25
Schools, per pupil:
Day, cafeteria and showers 20 25
Day, cafeteria or lunch room 15 19
Bo arding 75 93
Service Stations:
First bay 1000 4.0 1250 4.0
Each additional bay 500 2.0 625 2.0
Churches, per sanctuary seat 5 — 7
Restaurants (including toilets):
(a) Twenty - four - hour, per seat 50 62
(b) Not twenty - four - hour, per seat 35 44
(c) Bars and cocktail lounges, per seat 35 44
(d) Drive - in, per car space 50 62
(e) Vending machine restaurants, per
seat 70 88
(f) Tavern (very little food service), per
seat 20 25
Hospitals, per bed 200 250
Nursing and Rest Homes, per person
Camps:
(a) Day (no meals), per person 20 25
(b) Luxury, private bath, per person 100 125
(c) Labor, per person 75 93
(d) Youth and recreation, per person 50 62
Vacation Cottages, per person 50 62
Instituti ons, per resident 100 125
Boynton Beach Code
16
Equivalent Equivalent
Sewage Flow Dwelling Water Usage Dwelling
Gallons/Day Units Gallons/Day Units
Theaters:
Indoor, per person 3 4
Outdoor, per car 5 7
Travel Trailer, per unit 75 93
Stores 400 1.6 500 1.6
Factories, per person per shift 15 19
Picnic Parks (with floor toilets), per person 10 13
Airport, per passenger 3 4
Barbershop, per chair 85 107
Beauty Shop, per booth 100 125
Bowling Alle y, (per lane) 200 250
Child Care Centers 20 25
Child Care Centers (with food) 35 44
Shopping Centers:
(a) Per square foot floor space (no food
service or laundry) 0.1 0.125
Structured Not Listed Above:
Daily flow must be estimated b y a
registered professional engineer
in accordance with published rules
of the State of Florida, Department
of Environmental Regulation.
(Ord. No. 80 - 10, 4 - 1 - 80)
Water, Sewers and City Utilities
17
ARTICLE III. WATER SHORTAGE PLAN* surface water, and water percolating, standing, or flowing
beneath the surface of the ground.
*Edit or's note - Ord. No. 85 - 36, § 1, adopted May 7,
1985, provided for the repeal of §§ 26 - 38 — 26 - 45, being Water shortage condition is when sufficient water is
Art. III, Curtailment of nonessential uses of water during not available to meet present or anticipated needs of persons
water shortage, as derived from Ord. No. 80 - 15, §§ 1 — 7, using the water resource, or when conditions are such as to
10, adopted May 14, 1981; and Ord. No. 8 1 - 24, § 1, require temporary reduction in total water usage within a
adopted July 21, 1981; and enacted in lieu thereof new particular area to protect the water resource from seri ous
provisions relative to similar subject matter to read as harm. A water shortage usually occurs due to drought.
herein set out. Prior to the 1981 provisions, Art. III,
§§ 26 - 38 — 26 - 45, had pertained to water use in emergency Water shortage emergency means that situation when
situations as derived from the 1958 Code, §§ 30C - 1 — the powers which can be exercised under Part II of Chapter
30C - 8. 40E - 21, Florida Administrative Code, are not sufficient to
protect the public health, safety or welfare, or the health of
animals, fish or aquatic life, or a public water supply or
Sec. 26 - 38. Intent and purpose.
commercial, industrial, agricultural, recreational or other
reasonable uses.
It is the intent and purpose of this article to protect the
water resources of the City of Boynton Beach from the Water shortage phase means a phase of water shortage
harmful effects of over - utilization during periods of water declared by the district and as established by Rule
shortage and allocate available water supplies by assisting 40E - 21.251, Florida Administrative Code.
the South Florida Water Management District in the (Ord. No. 85 - 36, § 1, 5 - 7 - 85; Ord. No. 02 - 045, § 5,
implementation of its water shortage plan. (Ord. No. 85 - 36, 8 - 20 - 02)
§ 1, 5 - 7 - 85)
Sec. 26 - 40. Application of article.
Sec. 26 - 39. Definitions.
The provisions of this article shall apply to all persons
For the purpose of this article, the following terms , using the water resource within the geographical areas
phrases, words and their derivatives shall have the meaning subject to the “water shortage” or “water shortage
given herein; when not inconsistent with the context, words emergency,” as determined by the district, whether from
used in the present tense include the future, words in the public or privately owned water utility systems, private
plural include the singular, and words in the singular wells, or private connections with surface water bodies.
include the plural; the word “shall” is always mandatory This article shall not apply to persons using treated effluent
and not merely directory: or saltwater. (Ord. No. 85 - 36, § 1, 5 - 7 - 85)
District is the South Florida Water Management
Sec. 26 - 41. Incorporation of water shortage plan
District.
and amendments into Code.
Person is any person, firm, partnership, association,
corporation, company or organization of any kind. Chapter 40E - 21, Florida Administrative Code, as same
may be amended from time t o time, is incorporated herein
Water resource means any a nd all water on or beneath by reference, as part of the City Code. (Ord. No. 85 - 36, § 1,
the surface of the ground, including natural or artificial 5 - 7 - 85)
water courses, lakes, ponds, or diffused
2002 S - 18
Boynton Beach Code
18
Sec. 26 - 42. Declaration of water shortage; water
First violation: twenty - five dollars ($25.00)
shortage emergency.
Second and subsequent violations: Fine not to exceed
(a) The declaration of a water shortag e or water five hundred dollars ($500.00) and/or imprisonment in
shortage emergency within all or any part of the City of the county jail not to exceed sixty (60) days
Boynton Beach by the governing board or the executive
director of the district shall invoke the provisions of this Each day in violation of this article shall constitute a
article. Upon such declaration, all water use restrictions or separate offense. In the initial stages of a water shor tage or
other measu res adopted by the district applicable to the City water shortage emergency, law enforcement officials may
of Boynton Beach, or any portion thereof, shall be subject provide violators with no more than one (1) written
to enforcement action pursuant to this article. Any violation warning. The city, in addition to the criminal sanctions
of the provisions of Chapter 40E - 21, Florida Administrative contained herein, may take any other appropriate legal
Code, or any order issue d pursuant thereto, shall be a action, including but not li mited to emergency injunctive
violation of this article. action, to enforce the provisions of this article. (Ord. No.
85 - 36, § 1, 5 - 7 - 85)
(b) Upon the declaration of a water shortage or water
shortage emergency as described in division (a) above, a
Sec. 26 - 45. Water users to accept provisions of
surcharge shall be added to the charge for potable water on
article.
all customers using more than 9,000 gallons per month.
Charges shall be applicable during the first billing cycle
following the declaration, and shall remain in effect until No water service shall be furnished to any person by a
the declaration is lifted, as follows: public or private utility unless such person agrees to accept
all the provisions of this article. The acceptance of water
Water Shortage Phase Percent Surcharge Applied service shall be in itself the acceptance of the provisions
I 15% thereof. (Ord. No. 85 - 36, § 1, 5 - 7 - 85)
II 30%
III 45%
Secs. 26 - 46 — 26 - 55. Reserved.
IV 60%
(Ord. No. 85 - 36, § 1, 5 - 7 - 85; Ord. No. 02 - 045, § 6,
8 - 20 - 02)
ARTICLE IV. SEWERS
Sec. 26 - 43. Enforcement.
DIVISIO N 1. GENERALLY
Every police officer or sheriff having jurisdiction in
the area governed by this article shall, in connection with all
Sec. 26 - 56. “Fixture” defined.
other dut ies imposed by law, diligently enforce the
provisions of this article. In addition, the city manager may
also delegate enforcement responsibility for this article to Within the meaning of this article, a fixture is a
agencies and departments of city government, or cities in plumbing fixture or drain that connects to the sewer,
the service areas governed by th is article, in accordance including a toilet, wash basin or lavatory, bathtub or
with state and local law. (Ord. No. 85 - 36, § 1, 5 - 7 - 85) shower, laundry tub, kitchen sink, slop or was h sink,
washing machine drain, or any fixture, machine, equipment
or device connected to or discharging into the sewer. (Code
Sec. 26 - 44. Penalties.
1958, § 23A - 1)
Violation of any provision of this article shall be
subject to the following penalties:
2002 S - 18
Water, Sewers and City Utilities
19
Sec. 26 - 57. Connections required.
Sec. 26 - 60. Free service prohibited.
The owner, tenant or occu pant of each lot or parcel of
There shall be no free services rendered by the sewage
land within the city which abuts upon a street or other
disposal system and all users of the service and facilities of
public way containing a sanitary sewer served or which
the sewage disposal system shall pay for the use of such
may be served by the sewage disposal system and upon
services and facilities at the established rates. (Code 1958,
which lot or parcel a building has been or shall be
§ 23A - 5)
constructe d for residential, commercial or industrial use,
shall within thirty (30) days after the placing of the sewage
disposal system in operation and the construction of all
Sec. 26 - 61. Collection of service charge.
connections thereto from such sanitary sewer, or within
thirty (30) days after the const ruction of such building,
(a) The sewer service charges shall become effective,
connect such building with such sanitary sewer, and shall
as to each lot or parcel of land which may be connected
cease to use any other method for the disposal of sewage,
with the sewage disposal system by or through any part of
sewage waste or other polluting matter. (Code 1958,
the sewer system of the city, upon the placing of the sewage
§ 23A - 2)
disposal system in operation and the construction of all
connections thereto from the sanitary sewer serving such lot
or parcel.
Sec. 26 - 58. Reserved.
(b) In all cas es where water is furnished by the water
Editor's note - Ord. No. 82 - 3 7, § 1, adopted Oct. 6,
department of the city, the amount of the sewer service
1982, repealed § 26 - 58, prescribing service charges,
charges shall be included in the bills for water rendered by
derived from Code 1958, § 23A - 3.
the city. In all cases where water is furnished by any plant
or system other than the water depart ment of the city, bills
shall be rendered for the amount of such sewer service
Sec. 26 - 59. Additional charge for and treatment
charges in the same manner as bills are rendered for water.
of industrial sewage.
(c) All bills for sewer service charges shall be either
In cases where the character of sewage from any
hand delivered to the customer monthly, or by way of the
manufacturing or indu strial plant, building or premises is
Un ited States Postal Service, and shall be due when
such that it imposes a burden upon the sewage disposal
rendered. If not paid within thirty (30) days of the original
system in addition to the burden imposed by the average
billing date, such sewer service charge shall be added to the
sewage entering the sewer system, such additional charge
next monthly bill and shown thereon as a delinquent item.
shall be made therefor as the city commission shal l, with
Should the customer fail to pay said delinquent item
the approval of the consulting engineers, deem to be fair
immediately, the city may thereafter, and without further
and equitable to meet the additional cost of collection,
notice to the customer, disconnect the service, discontinue
treatment and disposal of such sewage, or the city
furnishing water to such premises, and, if the amount of the
commission may, if it deems advisable, compel the owner,
total bill exceeds the amount of the customer's water meter
tenant or occupant of suc h manufacturing or industrial
deposit, it may also disconnect such meter. Further, the city
plant, building or premises to treat such sewage in such
shall proceed forthwith to recover the amount due on said
manner as shall be specified by the city commission before
bill in such lawful manner as it may deem advisable.
discharging such sewage into the sewer system of the city.
(d) If any bill for sewer service charges rendered in
In cases where the character of the sewage from a ny
connection with any premises not connected with the water
manufacturing or industrial plant, building or premises is
system shall not be paid within thirty (30) days from the
such that it imposes a burden upon the sewage disposal
rendition of such bill, the owner, tenant or occupant of such
system the city commission may, with the approval of the
premises shall cease to dispose of sewage or industrial
consulting engineers, grant such reduction in the amount of
wastes originating from or on
the sewer service char ges as it shall deem fair and equitable.
(Code 1958, § 23A - 4)
2002 S - 18
Boynton Beach Code
20
such premises by discharge thereof directly or indirectly
Secs. 26 - 100 — 26 - 111. Reserved.
into the sewer system of the city until such sewer service
charges, with interest, shall be paid, and if such owner,
tenant or occupant shall not cease such disposal a t the
expiration of such thirty (30) day period, the city shall
DIVISION 4. INDUSTRIAL AND
disconnect such premises from the sewer system and the
COMMERCIAL WASTE
city commission shall proceed forthwith to recover the
amount of such sewer service charges in such lawful
manner as it may deem advisabl e. (Code 1958, § 23A - 7)
Subdivision A. General Provisions
Sec. 26 - 62. Trespass on property of system.
Sec. 26 - 112. Purpose.
Any person who wrongfully, or without authority
The purpose of this chapter is to regulate industrial
enters any enclosure or buildings of the sewage disposal
waste pretreatment faciliti es and discharge of industrial
system shall be deemed to have entered with the intention
waste into the Wastewater Facility (WWF) operated by the
of committing a tresp ass on said land or building, and every
South Central Regional Wastewater Treatment and
person so trespassing shall be guilty of a violation of this
Disposal Board and providing for pollutant limitations, data
Code. (Code 1958, § 23A - 8)
collection, monitoring, and sampling, and providing for
pen alties for the violation thereof for the following
purposes:
Secs. 26 - 63 — 26 - 72. Reserved.
(a) To prevent the introduction of pollutants into the
city's wastewater system which will interfere with
DIVISION 2. RESERVED*
the normal operation of the wastewater collection
system or the wastewater treatment pla nt, or
*Editor's note - Formerly. Div. 2, §§26 - 73 — 26 - 92,
which will contaminate the resulting municipal
pertained to discharges to regional treatment facility. Such
sludge;
provisions, derived from Ord. No. 86 - 59, § 2, adopted Dec.
16, 1986, and Ord. No. 89 - 40, §§ 1 — 5, adopted Nov. 7,
(b) To prevent the introduction of pollutants into the
1989, were repealed by Ord. No. 93 - 8, title, adopted May
city's wastewater collection system which do not
18, 1993.
receive adequate treatment by the WWF, and
which will pass through the system into receiv ing
waters or the atmosphere or otherwise be
Secs. 26 - 73 — 26 - 99. Reserved.
incompatible with the system;
(c) To protect the Wastewater Facility workers and
DIVIS ION 3. RESERVED**
the general public;
**Editor's note - Ord. No. 93 - 8, adopted May 18, 1993,
(d) To provide for fees for the equitable distribution
provided by title for the deletion of Div. 3, §§ 26 - 100 —
of the costs of operation, maintenance, and
26 - 104, which pertained to wholesale user charge and
improvem ent of the Wastewater Facility;
industrial cost recovery. Such provisions were derived from
Ord. No. 79 - 31 , §§ 1 — 5, adopted Nov. 21, 1979.
(e) To improve the opportunity to recycle and reclaim
wastewater and sludge from the system; and
2002 S - 18
Water, Sewers and City Utilities
21
(f) To enable the City to comply with its National
Furthermo re, all local government users shall be required,
Pollutant Discharge Elimination System permit
within sixty (60) days after enactment of this chapter and
conditions, sludge use and disposal requirements,
notice thereof, to enact ordinances substantially similar to
and any other Federal or State laws to which the
this chapter and to apply and enforce the same to all users
WWF is subject.
of their public and sanita ry sewer systems.
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
(Ord. No. 99 - 21, § 1, 8 - 3 - 99)
8 - 3 - 99)
Sec. 26.115. Definitions.
Sec. 26 - 113. Policy and scope.
The following abbreviations, when used in this
The policy is est ablished that the provisions of this
chapter, shall have the designated meanings:
chapter will be enforced to the fullest extent possible under
the provisions of Federal Pretreatment Regulations 40 CFR
BOD Biochemical Oxygen Demand
Part 403 and Florida Administrative Code Rules, 62 - 302,
CFR Code of Federal Regulations
62 - 600, 62 - 604, 62 - 610, and 62 - 625 issued b y the Florida
COD Chemical Oxygen Dem and
Department of Environmental Protection. The standards set
DEP Department of Environmental Protection
forth are minimum requirements to ensure the general
EPA United States Environmental Protection Agency
health and welfare of the public. Except as otherwise
FAC Florida Administrative Code
provided herein, the City shall administer, implement, and
gpd gallons per day
enforce the prov isions of this chapter.
mg/l milligrams per liter
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
NPDES National Pollutant Discharge Elimination System
8 - 3 - 99)
POTW Publicly Owned Treatm ent Works
RCRA Resource Conservation and Recovery Act
SIC Standard Industrial Classification
Sec. 26 - 114. Application Of chapter.
TSS Total Suspended Solids
USC United States Code
(a) The use of city wastewater facilities by any entity
WWF Wastewater Facility
or local government shall subject that entity or
local government to the application of this
For the purpose of this chapter, all definitions shall be
chapter. This shall include, but not be limited to,
applied and interpreted in a ccordance with 40 CFR 403, as
wholesale, retail, and large agreement users,
amended.
whether inside or outside the city limits.
Act and The Act. The Federal Water Pollution Control
(b) The regulations of this chapter shall apply to all
Act, also known as the Clean Water Act of 1977, as
users of the sewer facilities of the c ity whether
amended, 33 U.S.C. 1251, et seq.
inside or outside the city, including all other local
governments such as, but not limited to, the Town
Approval authority. The Florida Department of
of Highland Beach, the Town of Gulf Stream, and
Environmental Protection.
contributions from incorporated or unincorporated
agencies of Palm Beach County.
Authorized representative of the user.
(1) If the user is a corporation:
2000 S - 12 Repl.
Boynton Beach Code
22
a. The president, secretary, treasurer, or a vice - Board (WWF). The Board of Directors of the South
president of the corporation in charge of a Central Regional Wastewater Treatment and Disposal
principal business function, or any ot her person Board.
who performs similar policy or decision - making
functions for the corporation; or B.O.D. (Denoting Biochemical Oxygen Demand).
The quantity of oxygen utilized in the biochemical
b. The manager of one or more manufacturing, oxidation of organic matter under standard laboratory
production, or operation facilities employing procedures for five (5) days at 20° centigrade, usually
more than two hundred fifty (250) persons or expressed as a concentration (e.g., mg/l).
having gross annual sales or expenditures
exceeding twenty - five (25) million dollars (in B uilding sewer. Sewer conveying wastewater from
second - quarter 1980 dollars), if authority to sign the premises of a user to the collection system which
documents has been assigned or delegated to the transmits wastewater to the WWF.
manager in accordance with corporate
procedures. Categorical pretreatment standard or categorical
standard. Any regulation containing pollutant discharge
(2) If the user is a partnership or sole pr oprietorship: limits promu lgated by EPA in accordance with Sections
a general partner or proprietor, respectively. 307(b) and (c) of the Act (33 USC Section 1317) which
apply to a specific category of users and which appear in
(3) If the user is a Federal, State, or local government 40 CFR Chapter I, Subchapter N, Parts 405 - 471.
facility: a director or highest official appointed or
designated to oversee the operation and Chemical oxygen demand (C.O.D.). A measurement
performance of the activities of the gove rnment of th e oxygen equivalent of the organic matter content of a
facility, or their designee. sample that is susceptible to oxidation by a strong chemical
oxidant using procedures listed in 40 CFR 136.
(4) The individuals described in
paragraphs (1) through (3), above, City. The City of Boynton Beach; all that land and
may designate another authorized water area included within the boundari es of the "City" in
representative if the authorization is which the Commission proposes to acquire, establish,
in writing, the authorization construct, extend, operate, and maintain sanitary sewerage
specifies the individual or position facilities, except as follows:
responsib le for the overall operation
of the facility from which the (1) All state and federally owned land and water area
discharge originates or having located in the city or county, except where the
overall responsibility for state and federal government consent to the
environmental matters for the provisions of this chapter.
company, and the written
authorization is submitted to the (2) All land and water area duly franchised by the
City. city or county to privately owned sewer utility
companies for the provisions of sewer service,
Board. The South Central Regional Wastew ater except where the privately owned sewer utility
Treatment and Disposal Board, including, in the companies consent to the provisions of this
appropriate case, the regional treatment facilities, and all its chapter.
other attendant facilities.
1999 S - 11
Water, Sewers and City Utilities
23
Collection system. The system of public sewers to be Environmental Protection Agency or EPA. The U.S.
operated by the city and connected to the WWF facilities. Environmental Protection Agency, or where appropriate,
the term may also be used as a designation for the
Compatible pol lutant. A substance amenable to Administrator or other duly authorized official of that
treatment in the wastewater treatment plant such as agency.
biochemical oxygen demand, suspended solids, pH, and
fecal coliform bacteria, plus additional pollutants identified Executive direc tor. The administrative director or his
in the NPDES permit if the wastewater facility was authorized deputy, agent or representative of the South
desi gned to treat those pollutants, and in fact, does remove Central Regional Wastewater Treatment and Disposal
the pollutant to a substantial degree. Board. The Executive Director is the authorized
administration authority of the South Central Regional
Composite sample. A series of samples taken over a Wast ewater Treatment and Disposal Board.
specific 24 - hour time period at intervals not to exceed
fifteen (15) minutes in the waste stream which ar e Existing source. Any source of discharge, the
combined into one sample. Flow proportional sampling is construction or operation of which commenced prior to the
mandated unless circumstances do not permit it, then it publication by EPA of proposed categorical pretreatment
shall be time proportional. Samples shall be taken during standards, which will be applicable to such source if th e
effluent discharge times only. standard is thereafter promulgated in accordance with
Section 307 of the Act.
Cooling water. The water discharged from any us e
such as air conditioning, cooling, or refrigeration, or to Garbage. The animal and vegetable waste resulting
which the only pollutant added is heat. from the handling, preparation, cooking, and serving of
foods.
Direct discharge. The discharge of treated or
untreated wastewater directly to the waters of the State of Grab sample. A sample which is taken from a waste
Florida. stream on a one - time basis without regard to the flow in the
waste stream and over a period of time not to exceed
Director of utilities, utilities d irector, or director. fifteen (15) minutes.
This refers to the individual in charge of the Utilities
Department for the city. Grantee. Recipient of a federal grant for all or a
portion of a treatment works as administered by the
Discharge. Means disposal of, deposit, place, emit, Environmental Prote ction Agency.
unload, release or cause or allow to be disposed of,
deposited, placed, emitted, unloaded, or r eleased. Holding tank waste. Any waste from holding tanks
Domestic wastewater. Wastewater derived principally such as vessels, chemical toilets, campers, trailers, septic
from dwellings, commercial buildings, institutions, and tanks, and vacuum - pump tank trucks.
industry resulting from household or toilet waste resulting
from human occupancy. It may or may not contain ground Indirect discharge or discharge. The introduction of
water, surface water , or stormwater. non - domestic pollutants from any so urce regulated under
Section 307(b), (c), or (d) of the Act, (33 U.S.C. 1317),
into the WWF (including holding tank waste discharged
into the system).
Industrial or commercial waste. The liquid wastes
from industrial, commercial, or institutional proces ses as
distinct from domestic or sanitary sewage.
1999 S - 11
Boynton Beach Code
24
Industrial and commercial waste discharge permit. A
D of the Solid Waste Disposal Ac t; the Clean Air Act; the
permit issued to control the process flows from industry,
Toxic Substances Control Act; and the Marine Protection,
commerce, or institutions that may be discharged into t he
Research, and Sanctuaries Act.
sanitary sewer system. This permit is issued in addition to
any other types of permits. When issued, the permit will
Medical waste. Isolation wastes, infectious agents,
define the characteristics and volume of the flow and
human blood and blood products, pathological wastes,
acceptance or rejection of individual waste components
sharps, body parts, contaminated b edding, surgical wastes,
and/or require high stren gth waste surcharges.
potentially contaminated laboratory wastes, and dialysis
wastes.
Industrial cost recovery. Recovery by a federal
grantee from the industrially classified users of a treatment
Milligrams per liter (mg/l). The number of units of
works of the grant amount allocable to the treatment of
minor constituents present with each one million
wastes from those users.
(1,000,000) units of the major constituent of a solution or
mi xture. Milligrams per liter shall be considered
Industrially classified user. An in dustrial or
equivalent to parts per million.
commercial user whose liquid wastes are, in part, made up
of flows related to industrial or commercial activities, as
Monitoring costs. Those costs incurred by the City in
distinct from an industrial or commercial user whose waste
performing monitoring and/or sampling as prescribed by
flows are primarily domestic or resulting from human
40 CFR 403.
occupancy.
National categorical pretreatment standard. A ny
I ndustrial user. A source of indirect discharge and
federal regulation containing pollutant discharge limits
discharge of industrial and commercial waste which does
promulgated by the EPA which applies to a specific
not constitute a discharge of pollutants under regulations
category of industrial users.
issued pursuant to Section 402 of the Act. (33 U.S.C.
1342).
National Pollutant Discharge Elimination System or
NPDES Permit. A permit issued pursuant to Section 402
Instantaneous maximum al lowable discharge limit.
of the Act (33 U.S.C. 1342).
The maximum concentration of a pollutant allowed to be
discharged at any time, determined from the analysis of
National prohibitive discharge standard or prohibitive
any discrete or composited sample collected, independent
discharge standard. Any regulation developed under the
of the industrial flow rate and the duration of the sampling
authority of 307(b) of the Act and 40 CFR, Section 403.5
e vent.
Natural outlet. Any ditch, canal, stream, waterway,
Interference. A discharge, which alone or in
lake, river, pond, well, gully, or other water body.
conjunction with a discharge or discharges from other
sources, inhibits or disrupts the WWF, its treatment
New source.
processes or operations, or its sludge processes, use or
disposal; and thereafter, is a cause o f a violation of the
(1) Any building, structure, facility, or installation
NPDES permit or of the prevention of sewage sludge use
from which there is (or may be) a discharge of
or disposal in compliance with any of the following
pollutants, the construction of which commenced
statutory/regulatory provisions or permits hereunder, or
after the publication of proposed pretreatm ent
any more stringent State or local regulations: Section 405
standards under Section 307(c) of the Act which
of the Act; the Solid Waste Disposal Act, including Title II
will be applicable to such source if such
commonly referred to as the Resource Conservation and
standards are thereafter promulgated in
Recovery Act (RCRA); any State regulations contained in
accordance with that section, provided that:
any State sludge management plan prepared pursuant to
Subtitle
1999 S - 11
Water, Sewers and City Utilities
25
a. The building, structu re, facility, or (ii) significant site preparation work
installation is constructed at a site which no including land clearing, excavation,
other source is located; or or removal of existing buildings,
b. The building, structure, facility, or structures, or facilities which is
installation totally replaces the process or necessary for the replacement,
production equipment that causes the assembly , or installation of new
discharge of pollutants at an existing source; source facilities or equipment; or
or
c. The production of wastewater generating b. Entered into a binding contractual obligation
processes of the building, structure, facility, for the purchase of facilities or equipment
or installation are substantially independent which are intended to be used in its
of an existing source at the same site. In operation within a reasonable time. Options
determining whether these are substantially to purchase or contr acts which can be
independent, facto rs such as the extent to terminated or modified without substantial
which the new facility is integrated with the loss, and contracts for feasibility,
existing plant, and the extent to which the engineering, and design studies do not
new facility is engaged in the same general constitute a contractual obligation under this
type of activity as the existing source, should paragraph.
be considered.
Noncontact cooling water. Water used for cooling
(2) Construction on a site at whi ch an existing source which doe s not come into direct contact with any raw
is located results in a modification rather than a material, intermediate product, waste product, or finished
new source if the construction does not create a product.
new building, structure, facility, or installation
meeting the criteria of Section (1)(B) or (C) Pass through. A discharge of a pollutant from the
above but otherwise alters, replaces, or adds to WWF when such discharge causes a violation of any
existing process or production equipment. requirement of the WWF's NPDES permit, or a violation of
a State or Federal water quality standard or increases the
(3) Construction of a new source as defined under magnitude or duration of any violation and which is the
this paragraph has commenced if the owner or result of a user's discharge of the pollutant either alone or
operator has: in conjunction with other user's discharges of the pollutant
in to the WWF. A user contributes to pass through when
a. Begun, or caused to begin, as part of a the user:
continuous onsite construction program:
(1) Discharges a pollutant concentration or a daily
(i) any replacement, assembly, or pollutant loading in excess of that allowed by the
installation of facilities or City or by Federal or State law.
equipment; or
(2) Discharges wastewater which substantially
differs i n nature and constituents from the user's
normal average discharge;
1999 S - 11
Boynton Beach Code
26
(3) Knows or has reason to know that its discharge,
of discharging or otherwise introducing those pollutants
alone or in conjunction with discharges from
into a WWF. The reduction or alteration can be obtained
other users, would result in pass through; or
by physical, chemical, or biological processes, or proce ss
changes or by other means, except as prohibited by 40 CFR
(4 ) Knows or has reason to know that the WWF is,
Section 403.6(d).
for any reason, violating its final effluent
limitations in its NPDES permit and that such
Pretreatment requirements. Any substantive or
user's discharge either alone or in conjunction
procedural requirement for treating of a waste prior to
with discharges from other users, increases the
inclusion in the WWF.
magnitude or duration of the WWF's violations.
Pretreatment standards. National Categorical
Person. Any individual, partnership, co - partnership,
Pretreatment Standards or alternative discharge limits,
firm, company, association, society, corporation, joint
whichever is applicable.
stock company, trust, estate, governmental entity, group, or
any other legal entity; or their legal representatives, agents,
Prohibited discharge standards or prohibited
or assigns. This definition includes all Federal, State, and
discharges. Absolute prohibitions against the discharge of
local entities.
certain substances; these prohibitions appear in Section
26 - 142.
Point source. The initial point of discharge into a
sewer system.
Properly shredded garbage. The wastes from the
preparation, cooking, and dispensing of food that have
pH. Logarithm of the reciprocal of the weight of
been shredded to a degree that all particles will be carried
hydrogen ions in grams per liter of solution; a measure of
freely under the flow conditions normally prevailing in
the acidity or alkalinity of a solution, expressed in standard
public sewers, with no particle gre ater than 1/2 - inch (1.27
units.
centimeters) in any dimension.
Pollutant. Any dredged spoil, solid waste, incinerator
Public sewer. A sewer in which all owners of
residue, filter backwash, sewage, garbage, sewage sludge,
abutting properties have equal rights, and which is
munitions, medical wastes, chemical wastes, biological
controlled by public authority.
mat erials, radioactive materials, heat, wrecked or discarded
equipment, rock, sand, cellar dirt, industrial, municipal,
Publicly owned treatment works (POTW). In this
and agricultural wastes, and certain characteristics of
case, the region al treatment plant operated by the South
wastewater (e.g. pH, temperature, TSS, turbidity, color,
Central Regional Wastewater Treatment and Disposal
BOD, COD, toxicity, or odo r).
Board, and the collection sewer system owned and
operated separately by the Cities of Delray and Boynton
Pollution. The man - made or man - induced alteration
Beach. (Also see Wastewater Facility — WWF.)
of the chemical, physical, biological, and radiological
integrity of water.
Regional trea tment facilities. The South Central
Regional Wastewater Treatment Plant transmission and
Pretreatment. The reduction of the amount of
disposal facilities as operated by the South Central
pollutants, the elimination of pollutants, or the alteration of
Regional Wastewater Treatment and Disposal Board of
the nature of pollutant properties in wastewater to a less
Palm Beach County, Florida.
harmful state prior to or in lieu
Replacement. Expenditures for obtaining and
installing equipment, accessories or appurtenances which
are necessary during the service life of the treatment
process facilities to maintain the capacity and performance
for which those facilities were designed and constructed.
1999 S - 11
Water, Sewers and City Utilities
27
Sanitary sewage. The household and toilet wastes (3) Upon a finding that a user meeting the criteria in
resulting from human occupancy. Subsection (2) of this definition has no
reasonab le potential for adversely affecting the
Sanitary sewer. A sewer which carries sewage and to POTW's operation or for violating any
which storm, surface, and ground water are not pretreatment standard or requirement, the City
intentionally admitted. may at any time, on its own initiative or in
response to a petition received from a user, and in
Se ptic tank waste. Any sewage from holding tanks accordance with procedures in 40 CFR
such as vessels, chemical toilets, campers, trailers, and 403.8(f)(6), determine that such user should not
septic tanks. be considered a significant industrial user.
Sewage. A combination of the water carried wastes Significant non - compliance. Means that violations of
from residences, business buildings, institutions, and this chapter by a user subject to pretreatment standards
industrial establishments, t ogether with ground, surface, meet one or more of the following criteria:
and stormwater that may be present.
(1) Chronic violation: 66% or more of all
Sewage works. All facilities for collecting, pumping, measurements taken for the same pollutant during
treating, and disposing of wastewater including the WWF. a six - month period exceeded (by any magnitude)
the applicable daily maximum limit or the
Sewer. A pipe or conduit for carrying sewage. applicable average limit;
Shall is mandatory; M ay is permissive. (2) Technical review criteria (TRC) violation: 33%
or more of all measurements taken for the same
Significant industrial user. pollutant during a six - month period equaled or
exceeded the product of the daily average
(1) A user subject to categorical pretreatment maximum limit or the average limit times the
standards; or applicable TRC. (For categorical pretreatment
limitations the TRC equ als 1.4 for BOD, TSS and
(2) A user that: Oil and Grease; and 1.2 for all other pollutants
except pH);
a. Discharges an average of twenty - five thousand
(25,000) gpd or more of process wastewater to (3) An effluent violation caused interference or pass
the POTW (excluding sanitary, n oncontact through or endangered the health of City
cooling, and boiler blowdown wastewater); personnel or the general public;
b. Contributes a process wastestream which makes
up five (5) percent or more of the average dry (4) A discharge caused imminent endang erment to
weather hydraulic or organic capacity of the human health, welfare or to the environment and
POTW treatment plant; or resulted in the City exercising its emergency
c. Is designated as such by the City o n the basis that authority under Section 26 - 147;
it has a reasonable potential for adversely
affecting the POTW’s operation or for violating (5) Failure to meet a compliance schedule milestone
any pretreatment standard or requirement. date within ninety (90) days or more after the
scheduled date;
1999 S - 11
Boynton Beach Code
28
(6) Failure to submit a required report within thirty Superintendent. The person designated by the WWF
(30) days of its due date; to supervise the operation of the publicly owned treatment
works and who is charged with certain duties and
(7) Failure to accurately report non - compliance; or responsibilities by this chapter, or his duly authorized
repre sentative.
(8) Any other violation or group of violations which
the Director determines may ca use interference or Surcharge. An extra charge levied to a user for
pass through or will adversely affect treatment of compatible wastewaters that contain
implementation of the City's pretreatment substances in excess of specified maximum allowable
program. limits.
Significant violation. A violation that remains Suspended solids. Solids that are in suspension in
uncorrected 45 days after notification of non - compliance; water, sewage, or other liqui ds and which are removable by
which is part of a pattern of non - com pliance over a twelve - laboratory filtering.
month period; which involves a failure to accurately report
non - compliance; or which resulted in the WWF exercising Toxic pollutant. Any pollutant or combination of
its emergency authority under Section 403.8 (F)(1)(vi)(B) pollutants listed as toxic in regulations promulgated by the
of the Act. Administrator of the Environmental Protection Agency
under the provision of CWA 307(a) or other acts.
Slug. Any discharge of water, sewage, or ind ustrial
waste which in concentration of any given constituent or in Treatment plant. That portion of regional treatment
quantity of flow exceeds for any period of duration longer facilities designed to provide treatment to wastewater and
than fifteen (15) minutes more than five (5) times the is operated by the South Central Regional Wastewater
average 24 - hour concentration of flows during normal Treatment and Disposal Board.
operation.
Treatment works. The wastewater treatment plant,
Standard industrial classification (SIC). interceptors, force mains, lift stations, and collection
Classification pursuant to the Standard Industrial systems.
Classification Manual issued by the Executive Office of the
President, Office of Management and Budget, as amended. User. Any person who contributes, causes, or permits
the contribution of wastewater into the WWF.
State. State of Florida. User charge or user fee. A charge levied on the users
of the treatment process facilities for the cost of operation
Storm drain or storm se wer. A sewer that carries and maintenance of those facilities and other equitable and
stormwater and surface water, street wash, and other wash necessary charges.
waters or drainage, but excludes domestic wastewater and
industrial and commercial waste. Wastewater. The liquid and water carried industrial or
domestic wastes from dwellings, commercial buildings,
Stormwater. Any flow occurring during or following industrial facilities, and institutions, whether treated or
any form of natural precip itation and resulting therefrom. untreated, which is contributed into or permitted to enter
the WWF.
Wastewater facility (WWF). Any or all of the
following: the collection/transmission system, the
treatment plant, and the reuse or disposal system.
1 999 S - 11
Water, Sewers and City Utilities
29
Wastewater treatment plant. Any arrangement of
Sec. 26 - 118. Right to refuse waste upon
devices and structures used for treating wastewater, such as
noncompliance.
the WWF.
The city shall have the right to refuse waste from any
Watercourse. A channel in which a flow of water
user where wastewater does not comply with this chapter.
occurs, either continuously or inter mittently.
(Ord. No. 93 - 8, § 2 , 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
8 - 3 - 99)
8 - 3 - 99)
Sec. 26 - 119. Depositing objectionable wastes on public
Sec. 26 - 116. Compliance with provisions or more
and private property.
stringent regulations.
It shall be unlawful for any person to place, deposit, or
(a) The use of public sanitary sewers shall be as
permit to be deposited, in any unsanitary manner on public
outlined in this chapter or through other regulations as may
or private pro perty within the city, or in any area under the
be promulgated by the city or the WWF under the authority
jurisdiction of the city, any human excrement, garbage, or
of this chapter.
other objectionable waste.
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
(b) No statement contained in this chapter shall be
8 - 3 - 99)
construed to interfere with any additional requirements that
Penalty, see Sec. 26 - 177
may be imposed by health agencies.
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
8 - 3 - 99)
Sec. 26 - 120. Discharging into natural outlets.
It shall be unlawful to discharge to any natural outlet
Sec. 26 - 117. Disposal of sewage other than through
within the city, or in any area under the jurisdiction of the
regional facilities.
city, any sewage or other polluted waters, except where
suitable treatment has been provided in accordance with
(a) The disposal of sewage by means other than use
subsequ ent provisions of this chapter.
of the available regional wastewater facilities shall be in
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
accordance with city, county, state, and federal law.
8 - 3 - 99) Penalty, see Sec. 26 - 177
(b) The disposal of sewage to the WWF shall be as
outlined in this chapter and shall be subject to standards
Sec. 26 - 121. Privies, septic tanks, and other facilities.
which meet or exceed the city industrial and commercial
waste ordinance requirements as they shall exist from time -
Except as hereinafter provided, it shall be unlawful to
to - ti me.
construct or main tain any privy, privy vault, septic tank,
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
cesspool, or other facility intended or used for the disposal
8 - 3 - 99)
of sewage.
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
8 - 3 - 99) Penalty, see Sec. 26 - 177
1999 S - 11
Boynton Beach Code
30
Sec. 26 - 122. Suitable toilet facilities.
the building sewer shall be connec ted to a private sewage
disposal system complying with the provisions of this
The owners of all houses, buildings, or properties used
subchapter.
for human occupancy, employment, recreation, or other
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
purposes situated within the city and abutting on any street,
8 - 3 - 99)
alley, or right - of - way in which there is now loca ted or may
in the future be located a public sanitary sewer of the city
are required, at their expense, to install suitable toilet
Sec. 26 - 126. Written permit to be obtained,
facilities therein, and to connect those facilities directly
application, inspection fee.
with the proper public sewer, in accordance with applicable
stat e and county regulations, within ninety (90) days after
Before the commencement of construction of a private
date of official notice to do so.
sewage disposal system, the owner shall obtain a written
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
permit signed by the Authorized City Official. The
8 - 3 - 99) Penalty, see Sec. 26 - 177
application for the permit shall be made on a form
furnished by the city which the applicant shall supplement
by any pla ns, specifications, and other information as are
Sec. 26 - 123. Discharge prohibited in storm sewer
deemed necessary by the Authorized City Official. A
system.
permit and inspection fee of $50 shall be paid to the city at
the time the application is filed.
Under no conditi on shall the discharge of domestic,
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
sanitary, industrial, or commercial waste be permitted into
8 - 3 - 99) Penalty, see Sec. 26 - 177
the storm sewer system.
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
8 - 3 - 99) Penalty, see Sec. 26 - 177
Sec. 26 - 127. County to inspect installations.
A permit for a private sewage disposal system shall
Sec. 26 - 124. Damaging or tampering with sewag e
not become effective until the installation is completed to
works.
the satisfaction of the county. The county shall be allowed
t o inspect the work at any stage of construction, and, in any
No person shall break, damage, destroy, uncover,
event, the applicant for the permit shall notify the county
deface, or tamper with any structure, appurtenance, or
when the work is ready for final inspection and before any
equipment which is part of the sewage works.
underground portions are covered.
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
8 - 3 - 99) Penalty, see Sec. 26 - 177
8 - 3 - 99)
Subdi vision B. Private Sewage Disposal System
Sec. 26 - 128. Compliance with state department of
environmental protection and other
current regulations.
Sec. 26 - 125. Connecting building sewer to private
sewage disposal system.
The type, capacities, location, and layout of a private
sewage disposal system shall comply with all
Where a public, sanitary, or combined sewer is not
recommendations of the St ate Department of
available under the provisions of Section 26 - 122,
Environmental Protection. No permit shall be issued for
any private sewage disposal system employing subsurface
soil absorption facilities unless it conforms
1999 S - 11
Water, Sewers and City Utilities
31
to all current regulation s. No septic tanks or cesspool shall
the city at the time the application is fi led. The permit fee
be permitted to discharge to any natural outlet.
for those establishments discharging industrial wastewater
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
is further explained in this chapter.
8 - 3 - 99) Penalty, see Sec. 26 - 177
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
8 - 3 - 99) Penalty, see Sec. 26 - 177
Sec. 26 - 129. Connecting private sewage disposal
system to public sewer.
Sec. 26 - 132. Costs and expense of installation and
connection of building sewer;
At a time when a public sewer becomes available to a
indemnification.
property served by a private sewage disposal system, as
provided herein, a direct connection shall be made to the
All costs and expense incidental to the installation and
public sewer in compliance with this chapter, and any
connection of the building sewer shall be borne by the
septic tanks, cesspools, and similar pr ivate sewage disposal
owner or user. The owner and user shall indemnify the city
facilities shall be abandoned and filled with suitable
from any loss or damage that ma y directly or indirectly be
material.
occasioned by the installation of the building sewer.
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
8 - 3 - 99)
8 - 3 - 99)
Sec. 26 - 130. Maintenance of private sewage disposal
Sec. 26 - 133. Separate building sewer provided for
facilities.
every building.
The owner shall operate and maintain the private
A separate and independent building sewer shall be
sewage disposal facilities in a sanitary manner at all times,
provided for every building, except where one building
at no expense to the city.
stands at the rear of another on an interior lot and no
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
private sewer is available or can be constructed to the rear
8 - 3 - 99) Penalty, see Sec. 26 - 177
building through an adjoining alley, court, yard, or
driveway, the buildin g sewer from the front building may
be extended to the rear building and the whole considered
Subdivision C. Installations and Connections
as one building sewer.
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
8 - 3 - 99) Penalty, see Sec. 26 - 177
Sec. 26 - 131. Writ ten permit required for use of public
sewer; application; fee.
Sec. 26 - 134. Use of old building sewers with new
(a) No unauthorized person shall uncover, make any
buildings.
connections with or opening into, use, alter, or disturb any
public sewer or appurtenance thereof without first
Old building sewers may be used in connection with
obtaining a written permit f rom the city.
new buildings only when they are found, on examination
and tested by the Building Official, to meet all
(b) The permit application shall be supplemented by
requirements of this chapter.
any plans, specifications, or other information considered
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
pertinent in the judgment of the city. A permit and
8 - 3 - 99)
inspection fee shall be paid to
1999 S - 11
Boynton Beach Code
32
Sec. 26 - 135. Building sewer specifications.
Sec. 26 - 138. Inspection of connection to public sewer.
(a) The size, slope, alignment, materials of
The applicant for the building sewer permit shall
construction of a building sewer, and the methods to be
notify the city when the building sewer is ready for
used in excavating, placing of the pipe, joining, testing, and
inspection and connection to the public sewer. The
backfilling the trench, shall all conform to the requirements
connection shall be made under the sup ervision of the city
of the building and plumbing codes or other applicable
officials or city representatives.
rules and regulations of the city. In the absence of code
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
provisions, or in amplification thereof, the materials and
8 - 3 - 99)
procedures set forth in appropriate specifications of the
ASTM and WEF Manual of Practice No. 9, as same may
be amended from time - to - time, shall apply.
Sec. 26 - 139. Barricades and lights around sewer
excavations.
(b) All connections shall be made gastight and
watertight. Any deviation from the prescribed procedures
All excavations for building sewer installations shall
and materials mus t be approved by the Building
be adequately gua rded with barricades and lights so as to
Department before installation.
protect the public from hazard. Streets, sidewalks,
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
parkways, and other public property disturbed in the course
8 - 3 - 99)
of the work shall be restored in a manner satisfactory to the
city.
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
Sec. 26 - 136. Gravity flow of building drain to public
8 - 3 - 99) Penalty, see Sec. 26 - 177
sewer.
Whenever possible, the building sewer shall be
Subdivision D. Use of Public Sewers
brought to the buil ding 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,
Sec. 26 - 140. Wastes discharged into sanitary sewers to
sanitary sewage carried by that building drain shall be
meet criteria.
lifted by an approved means and discharged to the b uilding
sewer.
All waste discharged to public sanitary sewers, which
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
in turn discharge to the regional treatment facilities
8 - 3 - 99)
(WWF), shall meet or exceed the following criteria of this
subchapter.
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
Sec. 26 - 137. Surface runoff or groundwater.
8 - 3 - 99)
No person shall make connection of roof downspouts,
exterior foundation drains, areaway drains, or any other
Sec. 26 - 141. Discharge of stormwater and other
connected appurtenan ces, or other sources of surface runoff
unpolluted drainage.
or groundwater to a building sewer or building drain
which, in turn, is connected directly or indirectly to a
(a) No person shall discharge or cause to be
public sanitary sewer.
discharged any stormwater, surface water, ground water,
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
uncontaminated cooling water or unpolluted industrial
8 - 3 - 99) Penalty, see Sec. 2 6 - 177
process waters to the sanitary sewer.
1999 S - 11
Water, Sewers and City Utilities
33
(b) Stormwater and all other unpollut ed drainage (f) Pollutants which result in the presence of toxic
shall be discharged to those sewers as are specifically gases, vapors, or fumes within the WWF in
designated as storm sewers, or to a natural outlet approved quant ities that may cause acute worker health or
by the proper city or county official. Industrial cooling safety problems.
water or unpolluted process waters may be discharged on
approval of t he Utilities Director to a storm sewer or (g) Any trucked or hauled wastes, except at
natural outlet. discharge points designated by the Director.
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1, Industrial waste haulers may discharge loads only
8 - 3 - 99) Penalty, see Sec. 26 - 177 at locations designated by the Director. No load
may be discharged without prior consent of the
Director. The Director may collect samples of
Sec. 26 - 142. Prohibited discharges to sewers.
each hauled load to ensure compliance with
applicable standards. The Director may require
No person shall discharge or cause to be discharged the industrial waste hauler to provide a waste
any of the following described waters or wastes to any analysis of any load prior t o discharge.
sanitary sewers:
(h) Any water or wastes containing toxic or
(a) Flammable or explosive liquids, solids, or gases, poisonous or pathogenic solids, liquids, or gases
including, but not limited to, gasoline, benzene, in sufficient quantity, either singly or by
naptha, fuel oil, or other materials with a closed - interaction with other wastes, to injure or
o o
cup flashpoint of less than 140 F . (60 C.) using interfere with any wastewater treatment process,
the test methods specified in 40 CFR 261.21. constitute a hazard to humans or animals, create a
public nuisance or an acute health or safety
(b) Pollutants having a pH of less than 5.0, or greater hazard, interfere with the ability to repair or
than 9.5, or otherwise causing corrosive damage maintain the WWF, or create any hazard in the
to the WWF or its equipment. receiving waters of the wastewater treatment
plant.
(c) Pollutants, including oxygen - demanding
pollutants (BOD , etc.) released at a flow rate (i) Solid or viscous su bstances in quantities or of a
and/or concentration which, either singly or by size capable of causing obstruction to the flow in
interaction with other pollutants, will cause sewers, or other interference with the proper
interference with the WWF. operation of the sewage works such as, but not
limited to, ashes, cinders, sand, mud, straw,
o
(d) Any liquid having a temperature higher than 150 shavings, metal, glass, rags, feath ers, tar, plastics,
F. or causing the wastewater treatment plant wood, unground garbage, whole blood, paunch
o
infl uent to exceed 104 F. manure, hair and fleshings, entrails, paper dishes,
cups, milk containers, and the like, either whole
(e) Any water or waste containing petroleum oils, or ground by garbage grinders. Penalties, see
mineral oils, or non - biodegradable cutting oils in Sec. 26 - 177
amounts that will cause interference or pass
through, or any fats, wax, grease, or other oils, (j) Wastes which impart color which cannot be
whether emulsified or not, in exces s of 100 removed by the treatment process, such as, but
milligrams per liter or containing substances not limited to, dye wastes and vegetable tanning
which may solidify or become viscous at solutions, which consistently impart color to the
o o o
temperatures between 32 F. and 150 F. (O C. treatment plant's effluent.
o
and 60 C.).
1999 S - 11
Boynton Beach Code
34
(k) Wastewater containing an y radioactive wastes or
relation to flows and velocities in the sewers, m aterials of
isotopes except in compliance with applicable
construction of the sewers, nature of the wastewater
State or Federal regulations.
treatment process, capacity of the wastewater treatment
plant, degree of treatability of waste in the wastewater
(l) Sludges, screenings, or other residues from the
treatment plant, and other pertinent factors. The substances
pretreatment of industrial wastes.
restricted are:
(m) Medical wastes, except as specifically authorized
o
(a) Any liquid having a temperature higher than 150
by the Direct or.
F. or causing the wastewater treatment plant
o
influent to exceed 104 F.
(n) Wastes causing, either alone or in conjunction
with other sources, the treatment plant's effluent
(b) Any water or waste containing fats, wax, grease,
to fail a toxicity test.
or oils, whether emulsified or not, in excess of
100 milligrams per liter or containing substances
(o) Detergents, surface active agents, or other
which may solidify or become viscous at
substances which may cause excessive foaming
o o o
temperatures between 32 F. and 150 F. (0 C.
in the WWF.
o
and 60 C.).
Pollutants, subs tances, or wastewater prohibited by
(c) Any waters or wastes containing strong acid,
this section shall not be processed or stored in such a
iron, pickling wastes, or concentrated plating
manner that they could be discharged to the WWF. Except
solutions whether neutralized or not.
where expressly authorized by an applicable pretreatment
standard or requirement, no user shall ever increa se the use
(d) Any waters or wastes containing phenols or other
of process water, or in any other way attempt to dilute a
taste or odor producing substances, in a
discharge as a partial or complete substitute for adequate
concentration exceeding limits which may be
treatment to achieve compliance with a pretreatment
established by the POTW as necessary after
standard or requirement. The City may impose mass
treatment of the composite sewage to meet the
limitations on users that are using dilution to meet
requirements of the st ate, federal, or other public
applicable pretreatment standards or requirements.
agencies of jurisdiction for that discharge to the
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
receiving waters.
8 - 3 - 99)
(e) Any garbage that has not been properly shredded,
which shall mean particles in size no greater than
Sec. 26 - 143. Discharge of certain wastes restricted.
1/2 inches measured in any dimension.
No person shall discharge or cause to be discharged,
(f) Any wate r or wastes having a pH lower than 5.5
the below described materials, waters, or wastes
or higher than 9.5 or having any other corrosive
(collectively, the substances) if it appears likely that
property capable of causing damage or hazard to
acceptance of those wastes can harm the wastewater
structure, equipment, or personnel or any waste
treatment process or equipment, the public sewers, the
treatment works.
sanitary sewer systems, or have an adverse effec t on the
receiving water body, or can otherwise endanger life, limb,
(g) Any waste containing restricted substances in
public property, or constitute a nuisance. The decision
qua ntities in excess of the following limits,
shall be based on those factors as the quantities subject
measured at the point of discharge into any sewer
wastes in
system, or any substance that will pass through
the waste treatment
2002 S - 17
Water, Sewers and City Utilities
35
facilities and exceed the local limits as adopted City of Boynton Beach and the City of Delray
by the South Central Regional Wastewater Beach. Such local limits are incorporated herein
Treatment and Disposal Board as contained in the by reference.
Interlocal Agreement entered into between the
(h) Any waste from sodium - cycle action exchange (n) Any waters or wastes containing suspended
(water softening) units from industrial or solids in excess of 175 milligrams per liter unless
commercial users where the chloride content the user is approved by the city and provided
exceeds 600 milligrams per liter. further that the user co mplies with the
requirements of the city's high strength sewer
(i) Any water or waste containing suspended solids surcharge system.
or color of a character and quantity that unus ual
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 wast es 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 Section 26 - 115.
(m) A ny 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 require ment of other agencies
having jurisdiction over discharge to the
receiving waters.
2002 S - 17
Boynton Beach Code
36
o
(o) Any waters or wastes with a five - day, 20 C. (4) Require payment to cover the added cost of
B.O.D. greater than 220 milligrams per liter handling and treating the wastes not covered by
unless the user is approved by the city and existing fees or sewer charges as contained in the
provided further that the user complies with the strength charge system.
requirements of the city's high strength sewer
surcharge system. (b) If the WWF permits the pretreatment or
equalization of waste flows, the plans for the design and
(p) Any waters or wastes containing chemical installation of the equipment shall be subject to the review
oxygen demand (COD) greater than 440 mg/L and approval of the WWF and the city and subject to the
unless the user is approved by the City and requirements of applicable codes, ordinances, laws, and
provi ded further that the user complies with the compliance schedules as established by th e city. In
requirements of the City's high strength sewer addition, any major contributing industry as defined by 40
surcharge system. CFR 403 shall comply with 40 CFR 403.12 and any other
regulation as shall from time - to - time be established by
(q) Total toxic organics as defined in 40 CFR, Part EPA or other appropriate regulating governmental agency.
413.03[c] are not to exceed 5.0 mg/l, with no one (Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
parameter over 1.0 mg/l. 8 - 3 - 99)
(r) Any waters or wastes with an ammonia nitrogen
Sec. 26 - 145. Interceptors.
content greater than 50 milligrams per liter unless
the user is approved by the city and provided
further that the user complies with the Grease, oil, hair, lint and sand interceptors are to be
requirements of the city's high strength sewer provided when, in the opinion of the Utilities Director, they
surcharge system. are necessary for the proper handling of liquid wastes
(Ord. No. 93 - 8, § 2 , 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1, contain ing grease in excessive amounts or any flammable
8 - 3 - 99; Am. Ord. No. 01 - 58, § 2, 12 - 4 - 01) Penalty, see wastes, sand, or other harmful ingredients; except that
Sec. 26 - 177 those interceptors shall not be required for private living
quarters or dwelling units. All interceptors shall be of a
type and capacity approved by t he city and shall be so
Sec. 26 - 144. Pretreatment, equalization of waste flows.
located as to be readily and easily accessible for cleaning
and inspection.
(a) If any waters or wastes are discharged, or are (Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
proposed to be discharged to the public s ewers, which 8 - 3 - 99) Penalty, see Sec. 26 - 177
waters contain the substances or possess the characteristics
enumerated in Section 26 - 143, and which, in the judgment
Sec. 26 - 146. Maintaining flow - equalizing facilities
of the Utilities Director, may have a deleterious effect upon
and/or interc eptors for preliminary
the sewage works, processes, equipment, or receiving
treatment.
waters, or which otherwise create a hazard to life or
constitute a public nuisance, the Utility Director may:
Where preliminary treatment or flow
(1) Reject the wastes. equalizing facilities and/or interceptors are provided for
any waters or wastes, they shall be maintained
(2) Require pretreatment to an acceptable condition continuously in satisfactory and effective operation by the
for discharge to the public sewers. user at his expens e. Use of solvents and/or detergents
and/or soaps, and/or degreasers is restricted to those levels
(3) Require control over the quantities and rates of which do not interfere with
discharge.
2002 S - 17
Water, Sewers and City Utilities
37
the proper functioning of the interceptors. Interceptors c. Ammonia nitrogen greater than 50
like, but not li mited to, grease traps, lint traps, or grit traps milligrams per liter.
must have a watertight closure for their inspection covers. d. An oil/grease content greater than 100
The covers themselves must be of a type to conform with milligrams per liter.
the plumbing codes of the City's Building Department. e. A total toxic organic content of greater than
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. O rd. No. 99 - 21, § 1, 5 milligrams per liter, with no one parame ter
8 - 3 - 99) Penalty, see Sec. 26 - 177 over 1 milligram per liter.
(2) The user shall provide chemical analyses of the
Sec. 26 - 147. Admission of industrial and commercial
discharge according to a schedule to be
waste.
established by the WWF and continued discharge
shall be subject to approval of the city.
All users of the public sewers or sanitary sewers shall
recognize and comply with the following: (c) Samples shall be collected so as to be a
representative sample of the actual quality of the
(a) The economy and desirability of the combined wastes. Samples for analysis may be collected by
treatment of industrial and commercial wastes the user or his representative. Analysis shall be
and sanitary sewage is recognized. However, not made by a registered sanitary engineer or
all types and quantities of industrial and graduate chemist whose qualifications are
commercial wastes can be so treated. It shall be acceptable to t he city or a wastewater treatment
the policy to admit the types and quantities of plant operator licensed and registered in the state,
industrial and commercial wastes that are not or a water testing laboratory certified by the state,
harmful or damaging to the structures, processes, using the laboratory methods for the examination
or operation of the sewage works or are not of wastewater as set forth in 40 CFR 136 and
specifically prohibited. In all cases, a special 62 - 625.600, FAC (also see 26 - 158).
permit will be issued which will state specific
conditions and requirements t o be maintained. It (d) When required by the Utilities Director, any
is also recognized that to provide this service, establishment discharging industrial or
additional facilities or treatment are required, and commercial wastes into the sewer system shall
the cost of that must be borne by the user construct and maintain at its sole expense a
receiving the benefits. suitable control manhole or other suitable control
station do wnstream from any treatment, storage,
(b) or other approved works to facilitate observation,
measurement, and sampling of all wastes
(1) Approval in advance by the city is required for including all domestic sewage from the
the an ticipated admission of industrial or establishment. The location and methods of
commercial wastes into the public sewers having: construction of the control station shall be
approved by the Utilities Director. The control
o
a. A five - day, 20 C. B.O.D. greater than 220 station shall be maintained by the establishment
milligrams per liter, or chemical oxygen so as to be safe and accessible at all times. If any
demand (COD) greater than 440 milligrams establishment wishes to meter its waste discharge
per liter. into the sewer system to verify in - product water
b. A suspended solids conte nt greater than 175 rete ntion or other uses of metered flow, they may,
milligrams per liter. at
1999 S - 11
Boynton Beach Code
38
their sole expense, install a flow - metering device as (b) The categorical pretreatment standards found at
approved by the Utilities Director. The control station 40 CFR Chapter 1, Subchapter N, Parts 405 - 471
shall be accessible to city personnel at all times for are hereby incorpora ted.
sampling. All authorized WWF or city employees shall be
permitted, upon suitable notice to the user, to enter upon all (1) Where a categorical pretreatment standard is
properties for the purpose of inspection, observation, expressed only in terms of either the mass or the
measurement, sampling, and testing in accordance with concentration of a pollutant in wastewater, the
provisions of this chapter. When required, construction of Director may impose equivalent concentration or
those facilities shall be completed within ninety (90) days mass limits in accordance with 40 CFR 403.6(C)
following written notification by the City. and Rule 62 - 625.410(4), FAC.
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
8 - 3 - 99) Penalty, see Sec. 26 - 177 (2) When wastewater subject to a categorical
pretreatment standard is mixed wastewater not
regulated by the same standard, the Director shall
Subdivision E. National Cate gorical Pretreatment impose an alternate limit using the combined
Standards waste stream formula in 40 CFR 403.6(E) and
Rul e 62 - 625.410(6), FAC.
Sec. 26 - 148. Compliance.
(3) A user may obtain a variance from a categorical
pretreatment standard if the user can prove,
(a) Industrial users shall provide necessary pursuant to the procedural and substantive
wastewater treatment as required to comply with provisions in 40 CFR 403.13 and Rule
this chapter and shall achieve compliance with all 62 - 625.700, FAC, that factors relating to its
national categorical pretreatment standards within discharge are fundamentally different from the
th e time limitations as specified by the federal factors considered by EPA when developing the
pretreatment regulations and as required by the categorical pretreatment standard.
city. Industrial users with integrated facilities
shall comply with any alternative discharge limits (4) A user may obtain a net gross adjustment to a
as set by the city. Any facilities required to categorical standard in accordance with 40 CFR
pretreat was tewater to a level acceptable to the 403.15 and Rule 62 - 625.820, FAC.
city shall be provided, operated, and maintained
solely at the user's expense. Detailed plans (c) Di lution. No user shall ever increase the use of
showing the pretreatment facilities and operating process water, or in any way attempt to dilute a
procedures shall be submitted to the city for discharge, as a partial or complete substitute for
review at the request of the city. The review of adequate treatment to achieve compliance with a
those plans and operating procedures will in no discharge limitation unless expressly authorized
way relieve the user from the responsibility of by an appli cable pretreatment standard or
modifying the facility as necessary to produce an requirement. The Director may impose mass
effluent acceptable to the city under the limitations on users who are using dilution to
provisions of this chapter. Any subsequent meet applicable pretreatment standards or
ch anges in the pretreatment facilities or method requirements, or in other cases when the
of operation shall be reported to the city prior to imposition of mass limitations is appropriate.
the user's initiation of the changes.
19 99 S - 11
Water, Sewers and City Utilities
39
(d) All records relating to compliance with
Sec. 26 - 152. Prevention of accidental discharges.
pretreatment standards shall be available to
officials of the city, the WWF, EPA, or FDEP
(a) A user shall provide protection from accidental
upon request.
discharge of restricted and prohibited materials or other
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
substances required by this chapter. Facilities to prevent
8 - 3 - 9 9) Penalty, see Sec. 26 - 177
accidental discharge of prohibited and restricted materials
shall be provided and maintained at the owner's expense.
Sec. 26 - 149. Application of more stringent
(b) Prevention of accidental discharges requires, but
requirements; city shall notify affected users.
is not limited to, providing secondary containment for
storage of potentially hazardous and/ or regulated materials.
Upon the promulgation of the national categorical
The containment requirements are those specified in, but
pretreatment standards or alternative discharge limits for a
not limited to, 40 CFR 264.170 through 176 and the Palm
particular industria l subcategory, the pretreatment standard,
Beach County Wellfield Protection Ordinance 88 - 7 Section
if more stringent than limitations imposed under this
5.01 through 5.04. Containment requirements must meet or
chapter for sources in that subcategory, shall immediately
exce ed the following criteria of this subchapter:
supersede the limitations imposed under this chapter and
shall be considered part of this chapter. A fter the city
(1) Containment Volume to be provided shall be in
receives notice, the city shall notify all affected users of the
accordance with the regulations and ordinances
applicable reporting requirements under 40 CFR 403.12.
listed and shall meet or exceed the largest of the
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
volume requirements found in those regulations
8 - 3 - 99)
and ordinance s.
(2) Storage Sheltering. All outdoor storage shall be
Sec. 26 - 150. City's right of revision.
sheltered from rainfall, or a suitable means of
removing rainwater from secondary containment
The city reserve s the right to establish by further
areas shall be provided.
ordinance or regulation more stringent limitations or
requirements on discharges to the sewage works if deemed
(3) Conditions of the Stored Vessel. All stored
necessary to comply with the objectives presented in this
containers shall be maintain ed in sound
chapter.
condition; no rust, corrosion, or other signs of
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
deterioration of the primary containment wall
8 - 3 - 99)
shall be permitted. All stored containers shall be
closed and sealed during storage.
Sec. 26 - 151. Excessive discharge.
(4) Segregation of Chemically Reactive Contents.
Materials w hich are potentially reactive with each
All users are prohibited from increasing the use of
other shall not be stored in the same containment
process water or, in any way, attempting to dilute a
area, unless physical barrier separations are
discharge as a partial or complete substitute for adequate
provided within the common area.
treatment to achieve compliance w ith the limitations
contained in the national categorical pretreatment
(5) Stand - by Materials/Equipment. Absorbents and
standards, alternative discharge limits, or in any other
pumps for pumping out spills shall be available
pollutant - specific limitation developed by the city or state.
when needed.
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
8 - 3 - 99) Pe nalty, see Sec. 26 - 177
1999 S - 11
Boynton Beach Code
40
(6) Design of Containment Floor/Base. The floor or
relieve the us er of any expense, loss, damage, or other
base of the containment area on which the stored
liability which may be incurred as a result of damage to the
vessels rest shall either be sloped or raised or
public/sanitary sewer system, the sanitary sewer system,
provided with a drain faucet to prevent or
the WWF, fish kills, or any other damage to person or
minimize contact between the storage container
property; nor shall the notification relie ve the user of any
wall and spilled content.
fines, civil penalties, or other liability which may be
imposed by this chapter or other applicable law.
(7) Materials of Construction for Containment. The
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
walls, sidings, and floor or base of the
8 - 3 - 99) Penalty, see Sec. 26 - 177
containment area shall be constructed of
materials which are chemically inert with th e
stored materials and which render the provided
Sec. 26 - 154. Notice to employees in event of dangerous
containment volume leak proof.
discharge; emergency notification
procedure.
(c) On the request of the city, the user shall be
required to submit detailed plans showing facilities and
A notice shall be permanently posted on the user's
operating procedures to provide this protection. All
bulletin board or other prominent place advising employees
required user s shall complete this plan within ninety (90)
of whom to call, in the event of a dangerous discharge.
days after notification by the city. If further required by
Furthermore, all employers s hall ensure that all employees
the city, a user who commences contribution to the public
who may cause a dangerous discharge to occur are advised
sewers after the effective date of this chapter shall not be
of the emergency notification procedure.
permitted to introduce polluta nts into the system until
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
accidental discharge procedures have been approved by the
8 - 3 - 99) Penalty, see Sec. 26 - 177
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
Sec. 26 - 155. Notification of the di scharge of hazardous
meet the requirements.
waste.
(d) In the case of an accidental discharge, it is the
(a) Any industrial user who commences the
responsibility of the user to immediately notify by
discharge of hazardous waste shall notify the Director of
telephone, the Utilities Director, the Executive Director of
Utilities, the Executive Director of the WWF, the EPA
the WWF, and the WWF. The notification shall include
Regional Waste Management Division Director, and the
locati on of discharge, type of waste, concentration and
State hazardous was te authorities in writing of any
volume, and correction actions.
discharge into the City Sewer System of a substance which
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
is a listed or characteristic hazardous waste under Section
8 - 3 - 99) Penalty, see Sec. 26 - 177
3001 of RCRA or 40 CFR part 261. Such notification must
include a description of any such wastes dischar ged, the
name of the hazardous waste as set forth in 40 CFR part
Sec. 26 - 153. Written report required describing cause
261, the EPA hazardous waste number, the volume,
of discharge.
concentration, and mass of such wastes, the type of
discharge (continuous, batch, or other), and an estimate of
Within five ( 5) days following an accidental
the volume of hazardous wastes expected to be discharged
discharge, the user shall submit to the WWF and the city a
during the following twelve months.
written report describing the cause of the discharge and the
measures to be taken to prevent similar future occurrences.
The notification shall not
1999 S - 11
Water, Sewers and City Utilities
41
Any notification under this paragraph need be submitted
Subdivision F. Reporting, Inspections, and
only once for each hazardous waste discharged. This
Monitoring
requirement shall not apply to pollutants already reported
under the self - monitoring requirements.
Sec. 26 - 156. Compliance date report.
(b) Dischargers are exempt from the requirements of
paragraph (a) above during a calendar month in which they
Within thirty (30) days following the date for final
discharge no more than 15 kilograms of hazardous wastes,
compliance with applicable pretreatment standards or, in
unless the wastes are acute hazardous wastes as specified
the case of a new source, following commencement of the
in 40 CFR Part 261.30(d) and 261.33(e). Discharge of
introduction of wastewater into the public/sanitary sewer
more than 15 kilograms of non - acute hazardous waste in a
system, the user shall submit to the Utilities Director, a
calendar month, or any quantity of acute hazardous waste,
monitoring report indicating the nature and concentration
requires a one - time notification. Subsequent mon ths during
of all pollutants in the discharge from the regulated process
which the industrial user discharges more than 15
which are limited by pretreatment standards and
kilograms of hazardous waste do not require additional
req uirements and the average and maximum daily flow for
notification, except for the acute hazardous wastes
these process units in the user facility which are limited by
specified in 40 CFR 261.30(d) and 261.33(e).
those pretreatment standards or requirements. The report
shall state whether the applicable pretreatment standards
(c) In the case of new regulations under Section
and requirements are bein g met on a consistent basis and, if
3001 of RCRA identifying additional characteristics of
not, what additional pretreatment is necessary to bring the
hazardous waste or listing any additional substance as a
user into compliance with the applicable pretreatment
hazardous waste, the industrial user must notify the
standards or requirements. This statement shall be signed
Utilities Director, the Executive Director of the WWF, the
by an authorized representative of the industri al user.
EPA Regional Waste Manag ement Division Director, and
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
the State hazardous waste authorities of the discharge of
8 - 3 - 99)
such substance within 90 days of the effective date of such
regulations, except for the exemption in paragraph (b) of
this section.
Sec. 26 - 157. Periodic compliance report.
(d) In the case of any notificatio n made under this
(a) Each significant user and/or permittee shall
section, the industrial user shall certify that it has a
submit to the city during the months of May and
program in place to reduce the volume and toxicity of
November, unless required more frequently in the
wastes generated to the degree it has determined to be
pretreatment standard or by the city, a report indicating the
economically practicable and that it has selected the
nature and concentration of pollutants in the effluent which
method of treatmen t, storage, or disposal currently
are limited by those pretreatment standards or this chapter.
available which minimizes the present and future threat to
In addition, this report shall include a record of daily water
human health and the environment.
c onsumption which, during the reporting period, exceeded
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
the average daily water consumption reported in the
8 - 3 - 99) Penalty, see Sec. 26 - 177
submission information. At the discretion of the city and
in consideration of those factors as local high or low flow
rates, holidays, budget cycle s, 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
fro m the total water consumption.
1999 S - 11
Boynton Beach Code
42
(b) Reports of Changed Conditions. Each user must of damage to the POT W, natural resources, or
notify the Director of any planned significant changes to any other damage to person or property; nor shall
the user's operations or system which might alter the such notification relieve the user of any fines,
nature, quality, or vol ume of its wastewater at least 30 days penalties, or other liability which may be
before the change. imposed pursuant to this chapter.
c. A notice shall be permanently posted on the
(1) The Director may require the user to submit such user's bulletin board or other prominent place
information as may be deemed necessary to advising employees whom to call in the event of
evaluate the changed condition, including the a discharge described in a paragraph (A), above.
submission under Section 26 - 161. Employee shall ensure that all employees, who
may cause such a discharge to occur, are advised
(2) The Director may issue a wastewater discharge of the emergency notifi cation procedure.
permit under Section 26 - 160 or modify an
existing wastewater discharge permit under (d) Report from Unpermitted Users. All users not
Section 26 - 160 in response to changed conditions required to obtain a wastewater discharge permit shall
or anticipated changed conditions. provide appropriate reports to the Director as required.
(c) For purpose of this requirement, significant (e) Timing. Written reports will be deemed to have
changes include, but are not limited to, flow 20% percent been submitted on th e date postmarked. For reports which
or greater, and the discharge of any previously unreported are not mailed, postage prepaid, into a mail facility
pollutants. serviced by the United States Postal Service, the date of
receipt of the report shall govern.
(1) Reports of Potential Problems. (Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
8 - 3 - 99)
a. In the case of any discharge, including, but not
limited to, accidental discharges, discharg es of a
Sec. 26 - 158. Inspection and sampling.
nonroutine, episodic nature, a noncustomary
batch discharge, or a slug load, that may cause
potential problems for the WWF, the user shall (a) The city, through its employees, is authorized to
immediately telephone and notify the of the inspect the facilities of any user to ascertain whether the
incident. This notification shall include the purpose of this chapter is being met and all requirements
location of the di scharge, type of waste, are being complied with. Persons or occupants of premises
concentration and volume, if known, and where wastewater is created or discharged shall allow the
corrective actions taken by the user. city or its representative ready access at all reasonable
b. Within five (5) days following such discharge, times to all parts of the premises for the purposes of
the user shall, unless waived in writing by the inspection, sampling, records examination, records
Director, submit a detailed written report copying, or in the perfo rmance of their duties. The city,
describing t he cause(s) of the discharge and the WWF, state DEP, and EPA shall have the right to set up on
measures to taken by the user to prevent similar the user's property those devices as are necessary to
future occurrences. Such notification shall not conduct sampling inspection, compliance monitoring, or
relieve the user of any expense, loss, damage, or metering operations. Where a user has security measur es
other liability which may be incurred as a result in force which would require proper identification and
clearance before entry into
1999 S - 11
Water, Sewers and City Utilities
43
their premises, the user shall make necessary arrangements
is, to the best of my knowledge and belief, true, accurate,
with their security guards so that upon presentation of
and complete. I am aware that there are significant
suitable identification, personnel from the city, WWF,
penalties for submitting false information, including the
DEP, and EPA will be permitted to enter, without delay,
possibility fines and impris onment for knowing violations."
for the purposes of performing their specific
responsibilities (also see Section 26 - 168). Penalty, see
(b) Information and data obtained from reports,
Sec. 26 - 177
surveys, permit applications, permits, monitoring
requirements, and inspection and sampling activities shall
(b) The user must collec t wastewater samples using
be made available to the public without restriction, unless
flow proportional composite collection techniques. In the
the u ser specifically requests, and is able to demonstrate to
event flow proportional sampling is not feasible, the
the satisfaction of the Director, that the release of such
Director may authorize the use of time proportional
information would divulge information, processes, or
sampling or a minimum of four (4) grab samples where the
methods of production entitled to protection as trade
user de monstrates that this will provide a representative
secrets under applicable State la w. Any such request must
sample of the effluent being discharged. In addition, grab
be asserted at the time of submission of the information or
samples may be required to show compliance with
data.
instantaneous discharge limits. Exceptions to flow
proportional sampling are samples for oil and grease,
(c) When requested and demonstrated by the user
temperature, pH, cyanide, phenols, sulfides, and volatile
furnishing that such information should be held
organic compounds, which must be obtained using grab
confidential, the portions of a report which might disclose
collection techniques.
trade secrets or secret processes shall not be made available
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
for inspection by the public, but shall be made available
8 - 3 - 99)
immediately upon request to governmental agencies for
uses related to the NPDES program or pretreatment
program, and in enforcement proceeding s involving the
Sec. 26 - 159. Information and data to be made
person furnishing the report. Wastewater constituents and
ava ilable.
characteristics and other “effluent data” as defined by 40
CFR 2.302 will not be recognized as confidential
(a) Information and data on a user obtained from
information and will be made available to the public
reports, questionnaires, permit applications, permits and
without restriction. A copy of the procedure for handling
monitoring programs, and from inspections shall be
confidential information will be kept on file at the WWF.
available to the public or other governmental agency in
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
accordance with applicable state statutes or federal law.
8 - 3 - 99)
All reports submitted to the city shall be signed by an
authorized official and contain the following certification
statement:
Subdivision G. Waste Discharge Permits
"I certify under penalty of law that this document and all
attachments were prepared under my directi on or
Sec. 26 - 160. Special permit required; term.
supervision in accordance with a system designed to assure
that qualified personnel properly gather and evaluate the
A spec ial permit will be required for each Significant
information submitted. Based on my inquiry of the person
Industrial User, and all other Industrial Users identified as
or persons who manage the system, or those persons
having other than domestic wastes or waste from sanitary
directly responsible for gathering the information, the
conveniences at the discretion of the Utilities Director.
information submitted
The fixed life of a permit is
1999 S - 11
Boynton Beach Code
44
set up to five years from date of issue, and a renewed waste (c) Wastewater Discharge Permitting: Existing
discharge permit will have a fixed life of up to five years. Connections. Any user required to obtai n a wastewater
These permits may involve the implementation of a discharge permit who was discharging waste water into the
formula for surcharge for wastes which exce ed the sewage WWF prior to the effective date of this ordinance and who
parameters for strength as set forth in Sections 26 - 162 wishes to continue such discharges in the future, shall,
through 26 - 165. Permits shall not be transferred, within thirty (30) days after said date, apply to the Director
conveyed, assigned, or sold. Penalties, see Sec. 26 - 177 for a wastewater discharge permit in accordance with
Section 26 - 161, and shall not cause or allow discharges to
(a) Wastewater Analysis. When requested by the the WWF to continue after thirty (30) days the effective
Director, a user must submit information on the nature and date of this ordinance except in accordance with a
characteristics of its wastewater within sixty (60) days of wastewater discharge permit issued by the Director.
the request. The Director is authorized to prepare a form
for this purpose and may periodically require users to (d) Wastewater Discharge Permitting: New
update this information. Connections. Any user required to obtain a wastewater
discharge permit who proposes to begin or recommence
(b) Wastewater Discharge Permit Requirement. discharging into the WWF must obtain such permit prior to
the beginning or recommencing of suc h discharge. An
(1) No significant industrial user shall discharge application for this wastewater discharge permit, in
wastewater into the WWF without first obtaining accordance with Section 26 - 161, must be filed at least
a wastewater discharge permit from the Director, thirty (30) days prior to the date upon which any discharge
except that a significant industrial user that has will begin or recommence.
filed a timely application pursuant to section (c)
of this section may continue to discharge for the (e) Wastewater Discharge Permit Duration. A
time period specified therein. wastewater discharge permit shall be issued for a specified
time period, not to exceed five (5) years from the effective
(2) The Director may require other users to obtain date of the permit. A wastewater discharge permit may be
wastewater discharge permits as necessary to issued for a period less than five (5) years, at the discretion
carry out the purposes of this chapter. of the Dire ctor. Each wastewater discharge permit will
indicate a specific date upon which it will expire.
(3) Any violation of the terms and conditions of a
waste water discharge permit shall be deemed a (f) Wastewater Discharge Permit Contents. A
violation of this chapter and subjects the wastewater discharge permit shall include such conditions
wastewater discharge permittee to the sanctions as are deemed reasonably necessary by the Director to
set out in Section 26 - 177. Obtaining a prevent pass through or interference, protect the quality of
wastewater discharge permit does not relieve a the water body receiving the treatment plant's effluent,
p ermittee of its obligation to comply with all protect against damage to the WWF. Wastewater
Federal and State pretreatment standards or discharge permits must contain:
requirements or with any other requirements of
Federal, State, and local law. (1) A statement that indicates wastewater discharge
permit duration, which in no event shall exceed
(5) five years.
1999 S - 11
Water, Sewers and City Utilities
44A
(2) A statement that the wastewater discharge permit (9) Development and implementation of waste
is nontransferable without prior notification to the minimization plans to reduce t he amount of
City of Boynton Beach in accordanc e with pollutants discharged to the WWF;
paragraph (c) of this section, and provisions for
furnishing the new owner or operator with a copy (10) The unit charge or schedule of user charges and
of the existing wastewater discharge permit; fees for the management of the wastewater
discharged to the WWF,
(3) Effluent limits based on applicable pretreatment
standards; (11) Requirements for installation and maintenance of
inspection and sampling facilities and equipment;
(4) Self - monitoring, sampling, reportin g,
notification, and record - keeping requirements. (12) A statement that compliance with the wastewater
These requirements shall include an identification discharge permit does not relieve the permittee of
of pollutants to be monitored, sampling location, responsibility for compliance with all applicable
sampling frequency, and sample type based on Federal and State pretreatment standards,
Federal, State, and local law; and including those which become effective durin g
the term of the wastewater discharge permit; and
(5) A statement of appl icable civil and criminal
penalties for violation of pretreatment standards (13) Other conditions as deemed appropriate by the
and requirements, and any applicable compliance Director to ensure compliance with the ordinance,
schedule. Such schedule may not extend the time and State and Federal laws, rules, and
for compliance beyond that required by regulations.
applicable Federal, State, or local law.
(g) Wastewater discharge permit modification. Th e
Wa stewater discharge permits may contain, but need not be Director may modify a wastewater discharge permit for
limited to, the following conditions: good cause, including, but not limited to, the following
reasons:
(6) Limits on the average and/or maximum rate of
discharge, time of discharge, and/or requirements (1) To incorporate any new or revised Federal, State,
for flow regulation and equalization; or Local pretreatment standards or requirements.
(7) Requirements for th e installation of pretreatment (2) To address significant al terations or additions to
technology, pollution control, or construction of the user's operation, process, or wastewater
appropriate containment devices, designed to volume or character since the time of wastewater
reduce, eliminate, or prevent the introduction of discharge permit issuance;
pollutants into the treatment works;
(3) A change in the WWF that requires either a
(8) Requirements for the development and temporary or permanent reduction or elimination
i mplementation of spill control plans or other of the author ized discharge;
special conditions including management
practices necessary to adequately prevent (4) Information indicating that the permitted
accidental, unanticipated, or nonroutine discharge poses a threat to the City of Boynton
discharges; Beach WWF, City personnel, or the receiving
waters;
1999 S - 11
Boynton Beach Code
44B
(5) Violation of any terms or conditions of the
minimum of thirty (30) days prior to the expira tion of the
wastew ater discharge permit;
user's existing wastewater discharge permit.
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
(6) Misrepresentation or failure to fully disclose all
8 - 3 - 99)
relevant facts in the wastewater discharge permit
application or in any required reporting;
Sec. 26 - 161. Application for permits; contents.
(7) Revisions of or a grant of variance from
categorical pretreatment standards purs uant to 40
(a) Contents of Application. All users required to
CFR 403.13;
obtain a wastewater discharge p ermit must submit a permit
application. The Director may require all users to submit
(8) To correct typographical or others errors in the
as part of an application the following information:
wastewater discharge permit; or
(1) All information required by Section 26 - 156;
(9) To reflect a transfer of the facility ownership to a
new owner or operator.
(2) Description of activities, facilities, and plant
processes on t he premises, including a list of all
(h) Wastewater discharge permit transfer.
raw materials and chemicals used or stored at the
Wastewater discharge permits may be transferred to a new
facility which are, or could accidentally or
owner or operator only if the permittee gives at least thirty
intentionally be discharged to the WWF;
(30) days advance notice to the Director and the Director
approves the wastewater discharge permit transfer. The
(3) Number and type of employees, hours of
notice to the Director must include a writte n certification
operation, and proposed or actual hours of
by the new owner or operator which:
operation;
(1) States that the new owner and /or operator has no
(4) Each product produced by type, amount, process
immediate intent to change the facility's
or processes, and rate of production;
operations and processes;
(5) Type and amount of raw materials processed
(2) Identifies the specific dates on which the transfer
(average and maximum per day);
is to occur; and
(6) Site plans, floor plans, mechanical and plumbing
(3) A cknowledges full responsibility for complying
plans, and details to show all sewers, floor drains,
with the existing wastewater discharge permit.
and appurtenances by size, location, and
elevation, and all points of discharge;
Failure to provide advance notice of a transfer renders the
wastewater discharge permit void as of the date of facility
(7) Time and duration of discharges; and
transfer.
(8) Any other information as may be deemed
(i) Wastewater discharge permi t reissuance. A user
necessary by the Director to evaluate the
with an expiring wastewater discharge permit shall apply
wastewater di scharge permit application.
for wastewater discharge permit reissuance by submitting a
complete permit application, in accordance with Section
Incomplete or inaccurate applications will not be processed
26 - 161, a
and will be returned to the user for revision.
1999 S - 11
Water, Sewers and City Utilities
44C
(b) This application will define all of the pertinent
“I certify under penalty of law that this document and all
data concer ning the acceptance of industrial and
attachments were prepared under my direction or
commercial waste flows and will provide the basis for the
supervision in accordance with a system designed to assure
issuing of a permit certificate specifying limitations on
that qualified personnel properly gather and evaluate the
what the user may discharge. The Permittee may appeal
information submitted. Based on my inquiry of the person
specific conditions of the permit for a period of 30 calendar
or persons, who manage the system, information sub mitted
days following the date of issuance. After this period, the
is, to the best of my knowledge and belief, true, accurate,
Permittee waives all right to appeal the conditions of the
and complete. I am aware that there are significant
permit.
penalties for submitting false information, including the
possibility of fine and imprisonment for knowing
(c) The initial permit shall be effective for a period
of up to five years from date of issuance and must be
violations.”
r enewed annually by the applicant in order to continue that
waste discharge.
(f) Wastewater discharge permit decisions. The
Director will evaluate the date furnished by the user and
(d) An application for an initial permit shall be
may require additional information. Within thirty (30)
accompanied by a cashier's check for the first year's fees in
days of receipt of a complete wastewater discharge permit
the amount of $500 plus the City's monitoring costs as
application, the Director will determine whether o r not to
prescribed by 40 CFR 403.
issue a wastewater discharge permit. The Director may
deny any application for a wastewater discharge permit.
(1) Industrial and commercial waste discharge
permit form. The form of permit for industrial
(g) Administration of permits.
and commercial wastes shall be as specified by
the city. Specific provisions for continued
(1) The administration of the industrial and
acceptance by the city of the waste shall be
commercial waste discharge permit program and
attached to and made a part of the permit to
the applica tion of the surcharge formula imposes
discharge. The city may prescribe those items as
additional obligations of the cities.
equalized flow discharge, prechlorination, or
additional limitations on waste characteristics not
(2) The city, in addition to determining the waste
adequately described in this ordinance or may
flow volumes and analyzing the waste strengths
prescribe pretreatment qu ality, requirements for
for development of the surcharge, must also
the waste flow in detail.
maintain an accurate record of the pe rmit
applications, permits, meter installation details,
(2) Renewal of industrial and commercial waste
meter calibrations, and shall make available to
discharge permit. The application for a renewed
each establishment the necessary renewal
waste discharge permit shall be of a form
application forms.
specified by the city.
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
8 - 3 - 99)
(e) Application signatories and certifica tion. All
wastewater discharge permit applications and user reports
must be signed by an authorized representative of the user
and contain the following certification statement:
1999 S - 11
Boynto n Beach Code
44D
Subdivision H. User Charge and Industrial Cost (1) This section is applicable to those wholesale
Recovery System customers which maintain their own wastewater
collection systems. They shall be charged a flat
rate per 1,000 gallons, the quantity of which shall
Sec. 26 - 162. User charges; wholesale sewer rates;
be d etermined by the metering of the wastewater
calculation of sewer surcharge.
discharge from each wholesale customer's
individual wastewater collection system.
(a) There is imposed upon the owners or upon the
users of each retail and wholesale custom er served by the (2) The metering device shall be satisfactory to the
sewer system, a monthly user charge for the use thereof as city and shall provide for a separate remote
follows: 30 - day recording device which shall have a
totalizer. Location of the metering device shall
(1) Sewer rates. A charge for waste resulting from be at an accessible location as agreed upon by the
human occupancy which shall include all of the parties involved and as further explained and
following factors for the operation of the stipulated in an agreement to be executed by both
collection system and treat ment of wastewater by parties.
the regional wastewater facility:
(3) All costs incident to the furni shing, installation,
a. Operation and maintenance; initial calibration, and maintenance on a
continuing basis of the meter, are and shall be,
b. Debt service; the wholesale customer's responsibility. The
wholesale customer will provide to the city or its
c. Capital costs; designated representative full details on the
p roposed meter installation and assurance that the
d. System expansion; installation will commence only upon the written
authorization of the city. The city shall provide
e. Others as applicable an authorization within ten (10) days after receipt
by the city of the details of the above proposed
Consult the Water/Sewer Billing Department for meter installation.
the prevailing rates expr essed as $/1,000 gallons
of water consumption. (4) The meter shall be read monthly by a duly
authorized agent of the city, and the wholesale
(2) Sewer surcharge. A surcharge for waste in customer shall provide access to the meter for
excess of the parameters for strength established this purpose. In the event of suspected
in the industrial and commercial waste ordinance, inaccuracy in meter readings, the city shall have
and set forth in Section 26 - 162(2) which may be the rig ht to request that the meter be tested by an
assessed to applicable customers. independent organization in accordance with
standard practices. If the meter shall be found
(b) Wholesale sewer rates. inaccurate or defective, the cost of the meter test
shall be borne by the wholesale customer. If the
meter shall be fo und to be accurate and in good
condition, the cost of the meter test shall be borne
by the city.
1999 S - 11
Water, Sewers and City Utilities
44E
(5) In the event of extenuating circumstances, the i. Sewer rate:
Commission may, at its discretion, direct that
suff icient proof other than the installation of a $1.52/1000 gallons (100,000 gallons/month) =
metering device may be acceptable to determine $152/month
the quantity of wastewater discharge.
ii. Sewer surcharge calculation:
(c) Calculation of sewer surcharge.
F1 = 0.41 (500 - 220) = 0.52
(1) Calculation of the sewer surcharge shall be in 220
accordance with the following:
F2 = 0.15 (900 - 175) = 0.62
Allowable 175
Percent Level of
of Effect Sewage F3 = 0.41 (100 - 50) = 0.41
Parameter on Costs Strength 50
BOD - 5 41 220 mg/l (ppm) F = 0.52 + 0.62 + 0.41 = 1.55
TSS 15 175 “ ”
Ammonia 41 50 “ ” iii. Total monthly charge (sewer rate plus
COD 41 440 “ ” surcharge):
Let: $152/month + $152/month( 1.55) = $ 387.60
F = F1 + F2 + F3 (Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
Where: 8 - 3 - 99)
F = The factor to multiply the sewer rate
Sec. 26 - 163. Application of surcharge over standard
for a surc harge due to excess
use fee.
strengths.
F1 = The strength factor for BOD - 5 or
COD, whichever is higher. (a) A surcharge shall be applied over and above the
F2 = The strength factor for TSS (total standard sewer use fee when the wastes from any lot or
suspended solids) parcel of land, upon which there is located any building or
F3 = The strength factor for ammonia activity, contain B.O.D., C.O.D., ammonia, or suspended
(total ammonia) solids concentration higher than defined herein.
(2) The surcharge will be added to the sewe r rate to (b) The surcharge in dollars shall be computed by the
develop the monthly cost per customer. As an formulas in cluded in this subchapter established for the
example of sewer charge calculations utilizing user charge and industrial cost recovery system.
sewer rate and the strength surcharge formula, Computation of Surcharges will be based on effluent
assume the following with respect to Ajax analyses at a frequency determined by the User's water
Manufacturing Company: total monthly flow of consumption as follows:
100,000 gallons; CO D of 600 mg/l; BOD5 of 500
milligrams per liter; total suspended solids of 900 (1) Monthly effluent analys es for water usages at
milligrams per liter; Ammonia at 100 mg/l; more than 100,000 gallons per month.
Prevailing monthly sewer rate is $1.52 per 1,000
gallons. (2) Semi annual effluent analyses for water
consumption less than 100,000 gallons per month.
1999 S - 11
Boynton Beach Code
44F
Surcharges will remain in effect until a new effluent
Commercial/Industrial User Fees will be billed as a
analys is is required or changed based on interim analyses
new line item on the prevailing Water/Sewer Bill prorated
by the User using a Certified Water Testing Laboratory at
over a period of twelve months, but billed monthly; a
the User's expense.
monthly payment of $4.17 will be added to the prevailing
Water/Sewer Bill.
Sewer Surcharges will constitute a new line item on
the prevailing Water/Sewer Bill prepared monthly per User
(c) SIU Industrial Permit Fees and
of the system and subject to prevailing
Commercial/Industrial User Fees shall be prorated for
regulations/penalties for late or nonpayments.
existing permit holders and users upon enactment of this
Reimbursements of Surcharge related monitoring expenses
division.
initiated by the City of Boynton Beach are required.
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
8 - 3 - 99)
(c) Nothing in this chapter shall restrict the city from
making additio nal adjustments in rates if it is found that the
nature or quantity of the waste creates an additional burden
Sec. 26 - 165. Review and amendment on annual basis.
on the system or if those adjustments are necessary to
comply with regulations of the State Department of
This subchapter shall be subject to review and
Environmental Protection or the United S tates
revision on the minimum of an annual basis, and the city
Environmental Protection Agency.
reserves the right to modify this subchapter or any parts
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
thereof at any time or from time - to - time.
8 - 3 - 99)
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
8 - 3 - 99)
Sec. 26 - 164 Industrial cost recovery system.
Sec . 26 - 166. Notice of violation; liability for expense,
(a) At the discretion of the Director of the Public
loss, or damage.
Utilities System, there is imposed upon all users of each
industrially and commercially classified property served by
(a) Any person found to be violating any provision
the sewer system an annual cost recovery assessment.
of this subchapter shall be served by the city with written
notice stating the nature of the violation. The person shall
(b) The annual cost recovery is as follows:
provide a written plan within thirty (30) days for the
satisfactory correction thereof.
(1) SIU Industrial Permit Fee — $500.00 plus
monitoring costs.
(b) The Director may enter into consent orders,
assurances of voluntary compliance, or other similar
(2) Commercial/Industrial User Fee — $50.00
documents establishing an agreement with any user
plus monitoring costs.
responsible for noncompli ance. Such documents will
include specific action to be taken by the user to correct the
Permit Fees, Commercial/Industrial User Fees and related
noncompliance within a time period specified by the
monitoring costs reimbursements must be paid within
document. Such documents shall have the same force and
thirty (30) days of Permit issuance or receipt of Monitoring
effect as the administrative orders issued pursuant to thi s
Cost Recovery Notice.
ordinance and shall be judicially enforceable.
1999 S - 11
Water, Sewers and City Utilities
44G
(c) Any person violating any of the provisions of the
(c) If the Director or designee has been
subchapter shall become liable to the city for any expense,
refused access to a building, structure, or property, or any
loss, or damage occasioned the cit y by reason of that
part thereof, and is able to demonstrate pro bable cause to
violation.
believe that there may be a violation of this chapter, or that
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
there is a need to inspect and/or sample as part of a routine
8 - 3 - 99) Penalty, see Sec. 26 - 177
inspection and sampling program to verify compliance
with this ordinance or any permit or order issued
hereunder, or to protect the overall public health, safety
Subdivision I. Administration
and welfare of the community, then the Director may seek
issuance of an inspection warrant pursuant to Sections
Sec. 26 - 167. Responsibility for treatment and disposal.
933.21 - 933.26, Florida Statutes, from the Palm Beach
County Court.
The WWF is responsible for the proper treatm ent and
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; A m. Ord. No. 99 - 21, § 1,
disposal of all waste that is proper to process through the
8 - 3 - 99)
regional treatment facilities, beginning at the point source.
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
8 - 3 - 99)
Sec. 26 - 169 Suspension of wastewater treatment
service; notice to stop discharge; failure to comply.
(a) The city may suspend the wastewater treatment
Sec. 26 - 168. Right to enter premises and obtain
service to any user, including other local governments,
information c oncerning discharges.
when the sus pension is necessary, in the opinion of the
Utilities Director, in or DEP to stop an actual or threatened
(a) To the extent permitted by general law, the
violation which presents or may present an imminent or
proper official and other duly authorized employees of the
substantial endangerment to the health or welfare of
city or the WWF bearing proper credentials and
persons or the environment, causes interfe rence to the
identification shall be permitted to enter all properties for
WWF, caused the WWF to violate any condition of its
the purposes of inspection, observations, measurement,
NPDES permit, or causes the city to be in violation of any
sampling, and testing in accordance with the provisions of
of its agreements with the WWF.
this chapter. The official or his representatives will not
inquire into any processes including metallurgical,
(b) Any user notified of a suspension of the
chemical, oil, refining, ceramic, paper, or ot her industries
wastewater treatment service shall immediately stop or
beyond that point having a direct bearing on the kind and
eliminate the contribution. In the event of a failure of the
source of discharge to the sewers or waterways or facilities
user to cause the user to voluntarily comply with the
for waste treatment.
suspension or DEP, the city shall take steps as deemed
necessary, including immediate severance of the sewer
(b) To the extent permitted by general law, the
connection, to prevent or mi nimize damage to the city or
proper official and other duly authorized employees of the
WWF systems or endangerment to any individuals. The
city or the WWF bearing proper credentials and
city may reinstate the wastewater treatment service upon
identification shall be permitted to enter all private
proof of the elimination of the non - complying discharge.
properties through which the city holds an easement for the
A detailed written statement submitted by the user
purposes of, but not limited to, inspection, observation,
describi ng the causes of the harmful contribution and
measurement, sampling, repai r, and maintenance of any
portion of the sewage works lying within that easement.
Penalty, see Sec. 26 - 177
1999 S - 11
Boynton Beach Code
44H
the measures taken to prevent any future occurrence shall
(e) Failure to meet, within ninety (90) days of
be submitted to the city within fifteen (15) days from the
the scheduled date, a compliance schedule milestone
date of the occurrence.
contained in a wastewater discharge permit or enforcement
(Ord. No. 93 - 8, § 2, 5 - 18 - 93 ; Am. Ord. No. 99 - 21, § 1,
order for starting construction, complet ing construction, or
8 - 3 - 99) Penalties, see Sec. 26 - 177
attaining final compliance;
(f) Failure to provide within thirty (30) days after the
Sec. 26 - 170. Publication of users in significant
due date, any required reports, including baseline
violation.
monitoring reports, ninety - day compliance reports,
periodic self - monitoring reports, and reports on compliance
The City shall publish annually, in the largest daily
with compliance schedules;
newspaper published in the City, a list of the industrial
users which, duri ng the previous twelve (12) months, were
(g) Failure to accurately report noncompliance;
in significant noncompliance with applicable pretreatment
standards and requirements. The term "significant
(h) Any other violation(s) which the City determines
noncompliance" shall mean:
will adversely affect the operation or implementation of the
local pretreatment program.
(a) Chronic violations of wastewater discharge
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
limits, defined here as those in which sixty - six (66%)
8 - 3 - 99)
percent or more of wastewater measurements taken during
a six - month period exceed the daily maximum limit or
average limit for the same pollutant parameter by any
Subdivision J. Violations; remedies
amount;
(b) Technical review criteria (TRC) violations,
Sec. 26 - 171. False statements of documents prohibited.
defined he re as those in which thirty - three (33%) percent
or more of wastewater measurements taken for each
No person shall knowingly make any false statements,
pollutant parameter during a six - month period equals or
representations, or certification in any application record,
exceeds the product of the daily maximum limit or the
re port, plan, or other document filed or required to be
average limit multiplied by the applicable crite ria (one and
maintained pursuant to this division, or falsify, tamper
four - tenths (1.4) for BOD, TSS, fats, oils and grease, and
with, or knowingly render inaccurate any monitoring
one and two - tenths (1.2) for all other pollutants except pH;
device or method required under this division.
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
(c) Any other discharge violation that the City
8 - 3 - 99)
believes has caused, alone or in combination with other
discharges, inter ference or pass through (including
endangering the health of City personnel or the general
Sec. 26 - 172. Show cause hearing.
public);
(a) Any user subject to enforcement action under the
(d) Any discharge of pollutants that has caused
provisions of this division may request a hearing before the
imminent endangerment to the public or to the
Utilities Director within ten (10) days of receipt of
environment, or has resulted in the City's exercise of its
notification or proposed enforceme nt action. A hearing is
e mergency authority to halt or prevent such a discharge;
to be held by the Utilities Director concerning the
violation, the reasons
1999 S - 11
Water, Sewers and City Utilities
44I
why the action is to be taken, the proposed enforcement
(f) Costs for conducting a show cause hearing
action, and directing the user to show cause before the
shall be borne by the user requesting the hearing if the
Utilities Director why the proposed enforcement action
enforceme nt action is upheld.
should not be taken.
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
8 - 3 - 99)
(b) The Utilities Director may conduct the hearing
and take the evidence, or, at the Utilities Director's sole
discretion, may designate the City Attorney or an
Sec. 26 - 173. Legal Action Against Use For
indep endent arbitrator to:
Appropriate Relief.
(1) Issue, in the name of the City, notices of hearing
If any person discharges sewage, industrial wastes, or
requesting the attendance and testimony of
other wastes into the city's wastewater disposal sy stem
witnesses and the production of evidence relevant
contrary to the provisions of this chapter, federal or state
to any matter involved in that hearing.
pretreatment requirements, or any order of the city, the
city's attorney may commence an action against the user
(2) Take evidence and hear testimony (the strict rules
for appropriate legal relief, in the appropriate court which
of evidence shall not apply to any hearing).
has jurisdiction ; and to the extent permitted by law, shall
seek recovery of all city costs and expenses related to those
(3) Transmit a report of the evidence and hearing,
actions against the user by the city.
including transcripts and other evidence, together
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
with recommendation to the Utilities Director or
8 - 3 - 99)
his designee for action thereon.
(c) At any hearing held pursuant to this division,
Sec. 26 - 174. Retention Of Records Required.
testimony taken must be under oath and recorded
stenographically, with the costs thereof to be borne by the
A ll users are required to retain and preserve for no
user. The transcript, so recorded, will be made available to
less than three (3) years, any records, books, documents,
any member of the public or any party to the hearing upon
memoranda, reports, correspondence, and any and all
payment of the usual charges thereof.
summaries thereto, relating to monitoring, sampling, waste
hauling and chemical analyses made by or on behalf of a
(d) After the Utilities Director or his designee has
user in connection with its discharge. All records which
reviewed the evidence, he may issue an order to the user
pertain to matters which are the subject of administrative
responsible for the noncompliance(s) stating that,
adjustment or any other enforcement or litigation activities
following a thirty - day time period to prov ide remediation
brought by the WWF or the city pursuant hereto shall be
of noncompliance(s), penalties as per Section 26 - 177 will
r etained and preserved by the user until all enforcement
go into effect. Further orders as are necessary and
activities have concluded and all periods of limitation with
appropriate may be issued.
respect to any and all appeals have expired.
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
(e) The City shall also establish and assess against
8 - 3 - 99) Penalty, see Sec. 26 - 177
the user, appropriate surcharges or fees to rei mburse the
City for the additional cost of operation and maintenance
of the wastewater treatment works due to the violation of
this division.
1999 S - 11
Boynton Beach Code
44J
Sec. 26 - 175. Enforcement Plan.
(2) An upset shall constitute an affirmative
defense to an action brought for noncompliance with
An escalating enforcement strategy shall be used by
categorical pretreatment standards if the requirements for
the City to maintain compliance with this chapter. The
paragraph (c), below are met.
various types of enforcement actions shall be used as
determined by the Direct or and/or Code Enforcement
(3) A user who wishes to establish the affirmative
Division and/or the City Attorney depending on the type or
defense of upset shall demonstrate, through
severity of the violation. A copy of the enforcement plan
properly signed, contemporaneous operating logs,
will be kept on file at the WWF.
or other relevant evidence that:
(Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
8 - 3 - 99)
a. An upset occurred and the user can identify
the cause(s) of the upset;
Sec. 26 - 176. R emedies.
b. The facility was at the time being operated
in a prudent and workman - like manner and
(a) Affirmative Defenses to Discharge Violation.
in compliance with applicable operation and
maintenance procedures; and
(1) Consent Orders. The Director may enter into
Consent Orders, assurances of voluntary
c. The user has submitted the following
compliance, or other similar documents
information to the Director within twenty -
establishing an agreement with any user
four (24) hours of becoming aware of the
responsible for noncomplia nce. Such documents
upset if this informa tion is provided orally, a
will include specific action to be taken by the
written submission must be provided within
user to correct the noncompliance within a time
five (5) days:
period specified by the document. Such
documents shall have the same force and effect as
i. A description of the indirect discharge and
the administrative orders issued pursuant to
cause of noncompliance;
Sect ion 26 - 172(D) and shall be judicially
enforceable.
ii. The period of noncompliance, including
exact dates and time or, if not corrected; the
(b) Upset.
antici pated time the noncompliance is
expected to continue; and
(1) For the purposes of this section, “upset” means an
exceptional incident in which there is
iii. Steps being taken and/or planned to reduce,
unintentional and temporary noncompliance with
eliminate, and prevent recurrence of the
categorical pretreatment standards because of
noncompliance.
fact ors beyond the reasonable control of the user.
An upset does not include noncompliance to the
d. In any enforcement proceeding, the user
extent caused by operational error, improperly
seeking to establish the occurrence of an
designed treatment facilities, inadequate
upset shall have the burden of proof.
treatment facilities, lack of preventive
maintenance, or careless or imp roper operation.
1999 S - 11
Water, Sewers and City Utilities
44K
e. Users will have the opportunity for a judicial
(3) a. If a user knows in advance of the
determination on any claim of upset only in
need for a bypass, it shall submit prior notice to the
an enforcement action brought for
Director, at least ten (10) days before the date of the
noncompliance with categorical pretreat ment
bypass, if possible.
standards.
b. A user shall submit oral notice to the
f. Users shall control production of all
Director of an unanticipated bypass that
discharges to the extent necessary to
exc eeds applicable pretreatment standards
maintain compliance with categorical
within twenty - four (24) hours from the time
pretreatment standards upon reduction, loss,
it becomes aware of the bypass. A written
or failure of its treatment facility until the
submission shall also be provided within
facility is restored or an alte rnative method
five (5) days of the time the user becomes
of treatment is provided. The requirement
aware of the bypass. The written submission
applies in the situation where, among other
s hall contain a description of the bypass and
things, the primary source of power of the
its cause; the duration of the bypass,
treatment facility is reduced, lost, or fails.
including exact dates and times, and, if the
bypass has not been corrected, the
(b) Bypass.
anticipated time it is expected to continue;
and steps taken or planned to reduce,
(1) For the purpose of this section,
eliminate , and prevent reoccurrence of the
bypass. The Director may waive the written
a. “Bypass“ means the intentional diversion of
report on a case - by - case basis if the oral
wastestreams from any portion of a user's
report has been received within twenty - four
treatment facility.
(24) hours.
b. “Severe property damage“ means substantial
(4) a. Bypass is prohibited, and the Director may
physical damage to property, damage to the
take an enforcement action a gainst a user for
treatment facilities which causes them to
a bypass, unless:
become inoperable, or subs tantial and
permanent loss of natural resources which
i. Bypass was unavoidable to prevent loss of
can reasonably be expected to occur in the
life, personal injury, or severe property
absence of a bypass. Severe property
damage.
damage does not mean economic loss caused
by delays in production.
ii. There were no feasible alternatives to the
bypass, such as the use of auxiliary
(2) A user may allow any bypass to occur which does
treatment facilities, retention of untr eated
n ot cause pretreatment standards or requirements
wastes, or maintenance during normal
to be violated, but only if it also if it also is for
periods of equipment downtime. This
essential maintenance to assure efficient
condition is not satisfied if adequate back - up
operation. These bypasses are not subject to the
equipment should have been installed in the
provision of paragraphs (b)(3) and (4) of this
exercise of reasonable engineering
section.
judgement to prevent a bypass which
occurred durin g normal periods of
equipment downtime or preventive
maintenance; and
1999 S - 11
Boynton Beach Code
44L
iii. The user submitted notices as required under (b) Penalties for Continuing Violations. Any person
paragraph (b)(3) of this section. who shall continue any violation beyond the time
limit provided for in Section 26 - 166(a) shall be
b. The Director may approve an anticipated guilty of a violation, and on conviction t hereof,
bypass, after cons idering its adverse effects, shall be penalized in the amount not exceeding
if the Director determines that it will meet $5,000 for each offense. Each day in which any
the three conditions listed in paragraph violation shall continue shall be deemed a
(b)(4)a. of this section. separate offense.
(Ord. No. 99 - 21, § 1, 8 - 3 - 99)
(c) Whoever violates Section 26 - 171 shall, upon
conviction, be punished by a fine of not mo re
Sec. 26 - 177. Penalties.
than $1000 or by imprisonment for not more than
sixty (60) days, or by both.
Failure to comply with any Chapter 26 ordinances that
rel ate to the actual and/or potential introduction of (d) Within 30 days of any and all violations, the user
prohibited and/or restricted effluents into the sanitary shall cause a sample of the discharge to be taken
sewer system requires penalties as mandated by federal and laboratory analysis performed on said sample
law; e.g. Federal Pretreatment Regulations Section at their expense with the results to be provided to
403.8(f)(1)(vi)(A) requires penalties up t o the amount of the Utilities Director. The Utilities Director may
$1,000.00 per day per violation which goes uncorrected. require further sampling at such times as deemed
appropriate.
(a) Any user who is found to have violated an Order
of the city or who fails to comply with any (e) The remedies and penalties provided for in this
provision of this chapter for which another chapter are not exclusive. The Director may take
penalty is not provided, and the orders, ru les, and any, all , or any combination of these actions
regulations issued hereunder, shall be penalized against a noncompliant user. Enforcement of
up to $1,000 per day for each offense. Each day pretreatment violations will generally be in
on which a violation shall occur or continue shall accordance with the city's enforcement response
be deemed a separate and distinct offense. Such plan. However, the Director may take other
fines shall be assessed on a per violation, per d ay action against any user when the cir cumstances
basis. In the case of monthly or other long - term warrant. Further, the Director is empowered to
average discharge limits, fines shall be assessed take more than one enforcement action against
for each day during the period of violation. A any noncompliant user.
lien against the user’s property will be sought for (Ord. No. 93 - 8, § 2, 5 - 18 - 93; Am. Ord. No. 99 - 21, § 1,
unpaid charges, fines and penalties. In addition 8 - 3 - 99)
to the penalties provided herein, the city may
Secs. 26 - 178 — 26 - 204. Reserved.
recover all reasonable attorneys' fees, court costs,
court reporters' fees, and other expenses of
litigation by appropriate motions or suit at law
ARTICLE V. CROSS - CONNECTION
against the user or person found to have violated
CO NTROL AND BACKFLOW PREVENTION*
this chapter or the orders, rules, regulations, and
permit issued hereunder.
*Editor's note - Formerly, Art. V contained
§§ 26 - 105 — 26 - 111. Such sections were renumbered as
§§ 26 - 205 — 26 - 211 by Ord. No. 93 - 8, title, adopted May
18, 1993.
1999 S - 11
Water, Sewers and City Utilities
44M
Sec. 26 - 205. Short title.
“used waters” or “industrial fluids”. These waters may be
polluted or contaminated or they may be objectionable and
This article shall be known as “The Boynton Beach
constitute an unacceptable water source over which the
Cross - Connection Control and Backflow Prevention
water purveyor does not have sanitary control.
Ordinance”.
(Ord. No. 90 - 51, § 1, 11 - 7 - 90)
(4) Backflow: The flow of water or other liquid,
mixture or substance under pressure into the
distributing pipes of a potable water supply
Sec. 26 - 206. Definitions.
system from any source or sources other than its
intended source.
The following terms and phrases when used in this
article shall have the meaning ascribed to them in this
(5) Backflow preventer: A device or means
section except where the context clearly indicates a
designat ed to prevent backflow or back -
different meaning. Words used in the present tense shall
siphonage.
include the future, and the singular number includes the
plural, and the plural the singular.
(6) Back - siphonage: The flow of water or other
liquid, mixture or substance into the distributing
(1) Air - gap: T he unobstructed vertical distance
pipes of a potable water supply stream from any
through the free atmosphere between the lowest
source other than its intended source caused by
opening from any pipe or faucet supplying water
the sudden reductio n of pressure in the potable
to a tank, plumbing fixture, or other device and
water supply system.
the flood level rim of such vessel. An approved
air - gap shall be at least doub le the diameter of the
(7) Contamination: Any impairment of the quality of
supply pipe; measured vertically, above the top of
potable water by sewage, industrial fluids, waste
the rim of the vessel and, in no case, less than two
liquids, compounds, or other materials to a degree
(2) inches. When an air - gap is used at the service
which creates a potential actual hazard to the
connection to prevent the contamination or
publ ic health through poisoning or through the
pollution of the public potable wat er system, an
spread of disease.
emergency bypass shall be installed in the bypass
system which shall include an approved back -
(8) Cross - connection: Any physical connection or
flow prevention device.
arrangement of piping or fixtures between two (2)
otherwise separate piping systems, one of which
(2) Approved: Accepted by the director of utilities as
contains potable water and the other nonpotab le
meeting an applicable specification stated or cited
water or industrial fluids of questionable safety,
in this section, or as suited for the proposed use.
through which, or because of which, backflow or
back - siphonage may occur into the potable water
(3) Auxiliary water supply: Any water supply on, or
system. A water service connection between a
available to, the premises other than the
public potable water distribution system and a
purveyor's approved public potable water supply.
customer's w ater
These auxiliary waters may include water from
another purveyor's spring, riv er, stream, harbor,
or the like, or
1999 S - 11
Boynton Beach Code
44N
Water, Sewers and City Utilities
45
distribution system which is cross - connected to a accessible for in - line maintenance and testing.
contaminated fixture, industrial fluid system, or
with a potentially contaminated supply or (10) Hazard, degree of. The term is derived from an
auxiliary water system, constitu tes one type of evaluation of the potential risk to public health
cross - connection. Other types of cross - and the adverse effect of t he hazard upon the
connections include connectors such as swing potable water system, and shall include:
connections, removable sections, four - way plug
valves, spools, dummy sections of pipe, swivel or a. Hazard, health: Any condition, device or
changeover devices, sliding multiport tube, solid practice in the water supply system and its
connectio ns, and the like. operation which could create or, in the
judgment of the director of utilities, may
a. Cross - connection control by containment: create a danger to the h ealth and well - being
The installation of an approved backflow of the water consumer. An example of a
prevention device at the water service “health hazard” is a structural defect,
connection to any customer's premises including a cross - connection, in the water
where it is not physically and economically supply system.
feasible to find and permanen tly eliminate or b. Hazard, plumbing: A plumbing - type cross -
control all actual or potential cross - connection in a consumer's potable water
connections within the customer's water system that ha s not been properly protected
system; or the installation of an approved by a vacuum breaker, air - gap separation, or
backflow prevention device on the service backflow prevention device. Unprotected
line leading to and supplying a portion of a plumbing - type cross - connections are
customer's water system where t here are considered to be a health hazard.
actual or potential cross - connections which c. Hazard, pollutional: An actual or potential
cannot be effectively eliminated or threat to the physical pr operties of the water
controlled at the point of cross - connection. system or to the potability of the public or
b. Cross - connection controlled: A connection the consumer's potable water system but
between a potable water system and a which would constitute a nuisance or be
nonpotable water system with an approv ed aesthetically objectionable or could cause
backflow prevention device properly damage to the system or its appurtenances,
installed that will continuously afford the but would not be danger ous to health.
protection commensurate with the degree of d. Hazard, system: An actual or potential threat
hazard. of severe damage to the physical properties
of the public potable water system or the
(9) Double check valve assembly: An assembly of consumer's potable water system or of a
two (2) independently operating approved check pollutant or contaminant which would have
valves with tightly closin g shutoff valves on each a protracted effect on t he quality of the
side of the check valves, plus properly located potable water in the system.
test cocks for the testing of each check valve. The
entire assembly shall meet the design and (11) Industrial fluids system: Any system containing a
performance specifications and approval of a fluid or solution which may be chemically,
recognized and city - approved testing agency for biologically or otherwise
backflow prevention devices. To be approved,
these must be readily
Boynton Beach Code
46
contaminated or polluted in a form or assembly of two (2) independently operating
concentration such as would constitute a health, approved check valves with an automatically
system, pollutional or plumbing hazard if operating differential relief valve between the
introduced into an approved water supply. This two (2) check valves, tightly closing shutoff
may include, but shall not be limited to: polluted valves on either side of the check valves, plus
or contaminated waters; all types of process properly located test cocks for the testing of the
waters and “used waters” originatin g from the check and relief valves. The entire assembly shall
public potable water system which may have meet the design and performance specifications
deteriorated in sanitary quality; chemicals in fluid and approval of a recognized and city approved
form; plating acids and alkalis; circulated cooling testing agency for backflow prevention
waters connected to an open cooling tower and/or assemblies. The devic e shall operate to maintain
cooling waters that are chemically or biological ly the pressure in the zone between the two (2)
treated or stabilized with toxic substances; check valves at a level less than the pressure on
contaminated natural waters such as from wells, the public water supply side of the device. At
springs, streams, rivers, bays, harbors, irrigation cessation of normal flow, the pressure between
canals or systems, and the like; and oils, gases, the two (2) check valves shall be less than the
glycerine, paraffins, caustic and acid solutions, pressure on the public water supply system side
and othe r liquid and gaseous fluids used in of the device. In case of leakage of either of the
industrial or other purposes or for fire - fighting check valves, the differential relief valve shall
purposes. operate to maintain the reduced pressure in the
zone between the check valves by discharging to
(12) Pollution: The presence of any foreign substance th e atmosphere. When the inlet pressure is two
(organic, inorganic or biological) in water which (2) pounds per square inch or less, the relief valve
tends to degrade its quality so as to constitute a shall open to the atmosphere. To be approved,
hazard or impair the usefulness or quality of the these devices must be readily accessible for in -
water to a degree which does not create an actual line maintenance and testing and be installed in a
hazard to the public health but which does location wher e no part of the device will be
adversely and reasonably affect such waters for submerged.
domestic use.
(16) Water:
(13) Pressure - type vacuum breaker: An assemb ly
used to isolate entire irrigation lines from potable a. Water, nonpotable: Water which is not safe
water systems. It has the ability to withstand for human consumption or which is of
supply pressure for long periods and to prevent questionable potability.
backflow of toxic and nontoxic water into the b. Water, potable: Any water which, according
potable water system in back - siphonage to recognized standards, is safe for hum an
conditions. To be ap proved, these devices must consumption.
be readily accessible for in - line maintenance and c. Water, service connections: The terminal
testing. end of a service connection from the public
potable water system; that is, where the
(14) Purveyor or Water purveyor. The owner or water purveyor loses jurisdiction and
operator of the public potable water system sanitary control over the water at its point of
supplying an approved water supply to the public. delivery to the customer' s water system. If a
meter is installed at the end of the service
(15) Reduced press ure principle device: An connection, the service connection shall
mean the downstream end of the meter.
Water, Sewers and City Utilities
47
There should be no unprotected takeoffs
Sec. 26 - 207. Backflow prevention devices; when
from the service line ahead o f any meter or
required; specifications.
backflow prevention device located at the
point of delivery to the customer's water
(a) No water service connection to any premises
system. “Service connection” shall also
shall be installed or maintained by the water purveyor
include water service connection from a fire
unless the water supply is protected as required by state
hydrant and all other temporary or
law and regulation (Chapter 17 - 555, Florida
emergency water service connections f rom
Administrative Code) and this article. Service of w ater to
the public potable water system.
any premises shall be discontinued by the water purveyor if
a backflow prevention device required by this article is not
d. Water, used: Any water supplied by a water
installed, tested and maintained, or if it is found that a
purveyor from a public potable water system
backflow prevention device has been removed, bypassed,
to a consumer's water system after it has
or if an unpr otected cross - connection exists on the
passed through the point of delivery and is
premises. Service will not be restored until such conditions
no longer under the sanitary control of th e
or defects are corrected.
water purveyor.
(b) The customer's system should be open for
(17) Water system: The water system shall be
inspection at all reasonable times to authorized
considered as made up of two (2) parts: The
representatives of the utilities d epartment to determine
customer system and the utility system.
whether cross - connections or other structural or sanitary
hazards, including violations of these regulations, exist.
a. The “customer system” shall include those
When such a condition becomes known, the director of
parts of the facilities beyond the termination
utilities shall deny or immediately discontinue service to
of the uti lity distribution system which are
the premises by providing for a physical break in the
utilized in conveying utility - delivered
service line until the customer has corrected the condition
domestic water to points of use.
in conformance with state and city laws relating to
b. The “utility system” shall consist of the
plumbing and water supplies and the regulations adopted
source facilities and the distribution system;
pursuant thereto.
and shall include all those facilities of the
water syst em under the complete control of
(c) An approved ba ckflow prevention device shall be
the utility, up to the point where the
installed on each service line to a customer's water system
customer's system begins (meter). The
at or near the property line or immediately inside the
“source” shall include all components of the
building being served and, in all cases, before the first
facilities utilized in the production,
branch line leading off the service line, wheneve r the
treatment, storage and delivery of water to
following conditions exist:
the distribution s ystem. The “distribution
system” shall include the network of
(1) In the case of premises having an auxiliary water
conduits used for the delivery of water from
supply which is not or may not be safe
the source to the customer's system.
bacteriologically or [in] chemical quality and
(Ord. No. 90 - 51, § 1, 11 - 7 - 90)
which is not acceptable as an additional source by
the director of utilities. The public water system
shall be protected against backflow from the
premises by installing a backflow prevention
device in the service line appropriate to the
degree of hazard.
(2) In the case of premises upon which any
Boynton Beach Code
48
industria l fluids or any other objectionable water system the public water system shall be
substance is handled in such a fashion as to create protected by an approved air - gap separation or an
an actual or potential hazard to the public water approved reduced pressure principle backflow
system, the public system shall be protected prevention device. Examples of premises where
against backflow from the premises by installing these conditions may exist include wastewater
a backflow prevention de vice in the service line treatment plants, wastewater pumping stations,
appropriate to the degree of hazard. This shall chemical man ufacturing plants, hospitals,
include the handling of process waters and waters mortuaries and metal plating plants.
originating from the utility system which have
been subject to deterioration in quality. (5) In the case of any premises where there are
“uncontrolled” cross - connections, either actual or
(3) In the case of premises having internal cross - potential, the public water system shall be
connections that cannot be permanently corrected protected by an approved air - gap separation or an
and controlled, intricate plumbing and piping approved reduced pressure principle backflow
arrangements, or where entry to all portions of prevention device at the service connection.
the premises is not readily accessible for
inspection purposes, making it impracticable or (6) In the case of any premises where, because of
impossible to a scertain whether or not dangerous security requirements or other prohibitions or
cross - connections exist, the public water system restrictions, it is impossible or impractical to
shall be protected against backflow from the make a compl ete in - plant cross - connection
premises by installing a backflow prevention survey, the public water system shall be protected
device in the service line. The type of protective against backflow or back - siphonage from the
device required shall depend upo n the degree of premises by the installation of a backflow
hazard which exists, as follows: prevention device in the service line. In this case,
maximum protection will be required ; that is, an
a. In the case of any premises where there is an approved air - gap separation or an approved
auxiliary water supply as stated in this reduced pressure principle backflow prevention
section, the public water system shall be device shall be installed in each service to the
protected by an approved air - gap separation premises.
or an approved reduced press ure principle
backflow prevention device. (7) An approved backflow prevention device of the
b. In the case of any premises where there is type designated shall be installed on each water
water or some substance that would be service connection to the following types of
objectionable but not hazardous to health if facilities. This list is presented as a guideline and
introduced into the public water system, the should not be construed as being complete.
public water system shall be protected by an
approved double check valve assembly. Abbreviations are as follows:
(4) In the case of any premises where there is any A.G. — Air - gap separation
material dangerous to health which is handled in R.P. — Reduced pressure principle
such a fashion as to create an actual or potential b ackflow preventer
hazard to the public D.C.V.A. — Double check valve
assembly
P.V.B. — Pressure vacuum breaker
Water, Sewers and City Utilities
49
A.V.B. — Atmospheric vacuum
breaker
Minimum
Minimum
Type of
Type of
Type of Facility
Type of Facility Protection
Protection
Automotive repair facilities R.P.
Restaurants
Breweries, distilleries, bottling plants R.P.
R.P.
Car wash with recycling system and/or R.P.
Sand and gravel plants
wax educator [applicator]
Chemical plants R.P.
R.P.
Dairies R.P.
Schools
Dentist offices R.P.
R.P.
Fertilizer plants R.P .
Sewage treatment plants R.P.
Film laboratory or processing plants R.P.
Sewage pumping stati ons R.P.
Fire sprinkler lines, without pumps D.C.V.A.
Swimming pools with piped fill line (at A.G. or
Fire sprinkler lines, with booster R.P.
pool) R.P.
pumps
Tall buildings over three (3) stories R.P.
Food or beverage plants R.P.
Veterinary establishments R.P.
Hospitals, clinics, medical buildings R.P.
(parallel)
(8) For all premises (including residential) in areas
Irrigation systems R.P. or
serviced by irrigation water from a waste water
(Non - residential) D.C.V.A
reuse system, the public water system shall be
Laboratories R.P.
protected by an approved double check valve
Laundries and dry cleaning plants R.P.
assembly at the service connection.
Machine tool plants (health or system R.P.
hazard)
(d) Any backflow prevention device required herein
Machine tool plants (pollution hazard) R.P.
shall be of a model and size approved by the director of
Metal processing plant (health or R.P.
utilities. Th e term “approved backflow prevention device”
system hazard )
shall mean a device that has been manufactured in full
Metal processing plant (pollution R.P.
conformance with the standards established by the
hazard)
American Water Works Association and entitled “AWWA
Metal plating plant R.P.
C510 Double Check Valve Backflow Prevention
Morgues or mortuaries R.P.
Assembly” or “AWWA C511 Reduced Pressure Principle
Nursing homes R.P.
Backflow Prevention Assembly” and which has met
Packing houses or rendering plants R.P.
completely the laboratory and field performance
Paper products plants R.P.
specifications of the Foundation for Cross Connection
Pesticides (exterminating companies) A.G. or
Control and Hydraulic Research of the University of
R.P.
Southern Cali fornia established by the Manual of Cross -
Petroleum processing plants R.P.
Connection Control, 8th Edition, dated June 1988, or the
Petroleum storage yards (health or R.P.
most current issue.
system hazard)
Petroleum storage yards (pollutional R.P.
(1) Such AWWA and FCCC and HR standards and
hazard)
specifications have been adopted by the director
Pharmaceutical or cosmetic plants R.P.
of utilities. Final approval shall be evide nced by a
Piers, docks or waterfront facilities R.P.
certificate of approval issued by an approved
Power plant s R.P.
testing laboratory certifying full compliance with
Radioactive material plants R.P.
such AWWA standards and FCCC and HR
specifications.
2001 S - 16
(2) It shall be the duty of the customer - user at any
premises where backflow prevention devices are
installed, to have certified
Boynton Beach Code
50
inspections and operational tests made at least (b) If, in the judgment of the department, an
once per year. In those instances where the approved backflow prevention device is required at the
director deems the hazard to be great enough, he city's water service connection to any customer's premises
may require certified inspections at more frequent for the safety of the water system, the director of utilities or
in tervals. These inspections and tests shall be at his designated agent shall give notice in writing to the
the expense of the customer and shall be customer to install such an approved backflow prevention
performed by the device manufacturer's device at each service connection to his premises. The
representative, or by a certified tester approved customer shall immediately install such approved d evice or
by the director of utilities. devices at his own expense; the failure, refusal, or inability
on the part of the customer to install such device or devices
(3) These devices shall be repaired, overhaule d, or immediately, shall constitute a ground for discontinuing
replaced at the expense of the customer - user water service to the premises until such device or devices
whenever such devices are found to be defective. have b een properly installed.
Records of such tests, repairs and overhauls, shall (Ord. No. 90 - 51, § 1, 11 - 7 - 90)
be submitted to the director of utilities.
Sec. 26 - 209. Fees and permits.
(4) All presently installed backflow prevention
devices whic h do not meet the requirements of
this section but were approved devices for the The city shall identify those users required to install
purposes described herein at the time of backflow prevention devices for the safety of the water
installation and which have been properly system. All users shall be required to have their back flow
maintained shall, except for the inspection prevention devices tested at least once annually by certified
maintenance requirements, be excluded from the city personnel or, if city personnel are not available, then
r equirements of those rules so long as the director by a certified backflow prevention device technician.
of utilities is assured that they will satisfactorily Should the device(s) fail the test, then the owner must have
protect the public potable water supply system. the unit repa ired and re - tested in a timely manner so as to
Wherever the existing device is moved from the ensure protection of the public water supply. The city shall
present location or requires more than minimum levy a fee for testing (and re - testing as necessary) all
maintenan ce, or when the director of utilities devices based upon program cost administration, as shown
finds that the maintenance constitutes a hazard to in Fee Schedule A:
health, the unit shall be replaced by a backflow
prevention device meeting the requirements of FEE SCHEDULE A
this section.
(Ord. No. 90 - 51, § 1, 11 - 7 - 90; Ord. No. 01 - 28, § 2, 7 - 3 - 01 ) Type of Unit Test Fee
Reduced pressure backflow preventer
Sec. 26 - 208. Utilities department to administer.
Annual test $50.00
Each re - test due to failure 35.00
(a) The utilities department shall be responsible for
the protection of the public potable water distribution Double check valve assembly
system from contamination or pollution due to the Annual test 50.00
backflow or back - siphonage of contaminant s or pollutants Each re - test due to failure 35.00
through the water service connection.
Pressure vacuum breaker
Annual test 40.00
2001 S - 16 Each r e - test due to failure 25.00
Water, Sewers and City Utilities
50A
NOTE: For billing purposes, units mounted in (Ord. No. 90 - 51, § 1, 11 - 7 - 90)
parallel on a single service line or fire line will be
considered as one unit. Other units at the same site,
but on separate lines, will be b illed as separate units.
2001 S - 16
Boynton Beach Code
50B
Water, Sewers and City Utilities
51
Sec. 26 - 210. Notice of violation; failure to
health, safety and general welfare of the inhabitants of the
remedy.
City of Boynton Beach. This article is intended to comply
with federal and state law and r egulations regarding water
The director of utiliti es shall notify the owner or
quality.
authorized agent of the owner of the building or premises
(Ord. No. 93 - 7, § 1, 5 - 4 - 93)
in which there is found a violation of this article, of such
violation. The director shall set a reasonable time for the
owner to have the violation removed or corrected (thirty
Sec. 26 - 301. Definitions.
(30) days maximum, or as determined by degree or
hazard). On failure of the owner to have the violation
[As used in this article, the following words and terms
corrected by the end of a specified time interval, the
shall have the meaning ascribed thereto:]
director may, if in his judgment an imminent health hazard
exists, cause the water servi ce to the building or premises
Authorized official: Any employee or agent of the city
to be terminated and/or recommend such additional fines or
author ized in writing by the director to administer or
penalties to be involved as are provided in section 26 - 111.
enforce the provisions of this article.
(Ord. No. 90 - 51, § 1, 11 - 7 - 90)
Director: Director of utilities.
Sec. 26 - 211. Penalties.
Discharge: Any direct or indirect entry of any solid,
liquid or gaseous matter.
(a) Any person who knowingly fails or refuses t o
obey or comply with, or willfully violates any of the
Person: Any natural individual, corporation,
provisions of this article, or any lawful rule or regulation
part nership, institution, or other entity.
promulgated hereunder, or any lawful order of the director
issued pursuant to the provisions of this article, shall, upon
Site of industrial activity: Any area or facility used for
conviction of suc h offense, be subject to punishment as
manufacturing, processing or raw materials storage, as
provided by law. Each day during which the knowing or
defined under 40 CFR Section 122.26(a)(14) of regulations
willful failure or refusal to comply with this article
of the U.S. Environmental Protection Agency , as amended.
continues shall constitute a separate offense.
Stormwater: Any stormwater runoff, and surface
(b) Any person who violates any of the provisions of
runoff and drainage.
this a rticle shall be liable to the city for all costs and
damages incurred by the city as a proximate result of such
Stormwater system: The system of conveyances used
violation plus a fine up to five hundred dollars ($500.00)
for collecting, storing and transporting stormwater owned
per day.
by the City of Boynton Beach but not including any
(Ord. No. 90 - 51, § 1, 11 - 7 - 90)
facilitie s intended to be used in accordance with applicable
law for collecting and transporting sanitary or other
wastewater. Any discharge into the stormwater system in
Secs. 26 - 212 — 26 - 299. Reserved.
violation of any federal, state, county, municipal or other
law, rule, regulation or permit is prohibited.
(Ord. No. 93 - 7, § 1, 5 - 4 - 93)
ARTICLE V I. STORMWATER SYSTEM
Sec. 26 - 302. Industrial activity.
Sec. 26 - 300. Purpose and intent.
(a) General prohibitions [Reserved.]
The purpose of this article is to promote the
(b) Specific prohibitions. By adoption of
Boynton Beach Code
52
industrial activity stormwater regulations or by issuance of
stormwater system, uncontaminated pumped groundwater,
industr ial activity stormwater permits, or both, the director
foundation and footing drains, water from crawl space
may impose reasonable limitations as to the quality of
pumps, air conditioning condensation, springs, individual
stormwater (including without limitation the designation of
residential car washings, flows from riparian habitats and
maximum levels of pollutants) discharged into the
wetlands, and dechlorinated swimming pool contributions.
stormwater system from sites of indu strial activity. Any
promulgation of such regulations and issuance of permits
(d) Illicit connections. No person may m aintain, use
by the director shall be in accordance with applicable law.
or establish any direct or indirect connection to the
stormwater system that results in any discharge in violation
(c) Administrative orders. The director may issue an
of this article. This prohibition is retroactive and applies to
order to any person to immediately cease any discharge
connections made in the past, regardless of whether made
determin ed by the director to be in violation of any
under a permit, or other authorization, or whether
provision of this article, or in violation of any regulation or
permissible under laws or practices applicable or prevailing
permit issued hereunder.
at the time the connection was made.
(d) NPDES permits. Any person who holds a
(e) Administrative order. The director may issue an
national pollutant discharge elimination system (NPDES)
order to any person to immediately cease any discharge, or
permit shall provide a copy of such permit to the director
a ny connection to the stormwater system, determined by
no later than the later of: sixty (60) calendar days after the
the director to be in violation of any provision of this
effective date of this article or sixty (60) calendar days
article, or in violation of any regulation or permit issued
after issuance.
hereunder.
(Ord. No. 93 - 7, § 1, 5 - 4 - 93)
(Ord. No. 93 - 7, § 1, 5 - 4 - 93)
Sec. 26 - 303. Illicit discharges.
Sec. 26 - 304. Spills and dumpings.
(a) General pro hibitions. Except as set forth under
(a) Gen eral prohibitions. Except as set forth under
subsection (c) of this section or in accordance with a valid
section 26 - 303(c) of this article with a valid NPDES
NPDES permit, any discharge to the stormwater system
permit, any discharge to the stormwater system that is not
that is not composed entirely of stormwater is prohibited.
composed entirely of stormwater is prohibited.
(b) Specific prohibitions. Any discharge to the
(b) Specific prohibitions. Any discharge to the
stormwater system containing any sewage, industrial waste
st ormwater system containing any sewage, industrial waste
or other waste materials, or containing any materials in
or other waste materials, or containing any materials in
violation of federal, state, county, municipal or other laws,
violation of federal, state, county, municipal, or other laws,
rules, regulations, orders or permits, is prohibited.
rules, regulations, orders or permits, is prohibited.
(c) Authorized exce ptions. Unless the director
(c) Notification of spil ls. As soon as any person has
determines that it is not properly managed or otherwise is
knowledge of any discharge to the stormwater system in
not acceptable, the following discharges are exempt from
violation of this article, such person shall immediately
the general prohibition set forth under subsection (a) of this
notify the director by telephoning 407 - 738 - 7460, and if
section: flows from fire fighting, water line flu shing and
such person is directly or indirectly responsible for such
other contributions from potable water sources, landscape
discharge, then such person shall also take immediate
irrigation and lawn watering, irrigation water, diverted
action to ensure the containment and cleanup of such
stream flows, rising groundwaters, direct infiltration to the
discharge and shall confirm such telephone notification in
writing to the
Water, Sewers and City Utilities
53
director at City of Boynton Beac h, 124 East Woolbright
related to enforcement of the provisions of this article or
Road, Boynton Beach, Florida 33435, within three (3)
any regulations or permits issued hereunder; provided that:
calendar days.
(1) If such property, building or facility is occupied,
(d) Administrative order. The director may issue an
such authorized official shall first present proper
order to any person to immediately cease any discharge, or
credentials and request permission to enter; and
connection to the stormwater system, determined by t he
director to be in violation of any provision of this article, or
(2) If such property, building or facility is
in violation of any regulation or permit issued hereunder.
unoccupied, such authorized official shall make a
(Ord. No. 93 - 7, § 1, 5 - 4 - 93)
reasonable effort to locate the owner or other
person having charge or control of the pr operty,
building or facility, and shall request permission
Sec. 26 - 305. Enforcement.
to enter.
(a) Injunctive relief. Any violation of any provision
Any request for permission to enter made hereunder shall
of this article, or of any regulation or order issued
state that the owner or person in control has the right to
hereunder, shall be subject to injunctive relief if necessary
refuse entry, and that in the event entry is refused, the
to protect the public health, safety or general welfare.
authorized o fficial may enter to make inspection only upon
issuance of a search warrant by a duly authorized
(b) Continuing violation. A person shall be deemed
magistrate. If the owner or person in control refuses
guilty of a separate violation for each and ev ery day during
permission to enter alter such request has been made, the
any continuing violation of any provision of this article, or
authorized official is hereby authorized to see k assistance
of any regulation or permit issued hereunder.
from any court of competent jurisdiction in obtaining entry.
Routine or area - wide inspections shall be based upon such
(c) Enforcement actions. The director may take all
reasonable selection processes as may be necessary to carry
actions necessary, including the issuance of notices of
out the purposes of this article, including but not limited to
violation, the filing of court actions and/or referral of the
r andom sampling and sampling in areas with evidence of
matter to the local code compliance board to require and
stormwater contamination, nonstormwater discharges, or
enforce compliance with the provisions of this article and
similar factors.
with any regulation or permit issued hereunder.
(Ord. No. 93 - 7, § 1, 5 - 4 - 93; Ord. No. 97 - 51, § 3, 11 - 1 8 - 97)
(b) Authority for monitoring and sampling. Any
authorized official may establish on any property such
devices as are necessary t o conduct sampling or metering
Sec. 26 - 306. Inspections and monitoring.
of discharges to the stormwater system. During any
inspections made to enforce the provisions of this article,
(a) Authority for inspections. Whenever necessary to
or regulations or permits issued hereunder, any authorized
make an inspection to enforce any of the provisions of this
official may take any samples deemed necessary.
article, or regulation or permit issued hereunder, or
whenever an authorized official has re asonable cause to
(c) R equirements for monitoring. The director may
believe there exists any condition constituting a violation
require any person engaging in any activity or owning any
of any of the provisions of this article, or regulation or
property, building or facility (including but not limited to a
permit issued hereunder, any authorized official may enter
site of industrial activity) to undertake such reasonable
any property, building or facility at any reasonable time to
monitoring of any discharge(s) t o the stormwater system
inspect the same or to perform any duty
and to furnish periodic reports.
(Ord. No. 93 - 7, § 1, 5 - 4 - 93)
1998 S - 8
Boynton Beach Code
54
Secs. 26 - 307 — 26 - 399. Reserved.
horizontal surface which has been compacted or covered
with a layer of material so that it is highly resistant to
infiltration by water. It includes, but is not limited to, semi -
ARTICLE VII. STORMWATER UTILITY
impervious surfaces such as compacted clay, as well as
FEES
streets, roofs, sidewalks, parking lots and other similar
surfaces.
Sec. 26 - 400. Purpose and intent.
Residential property means any lot or parcel existing
in the city or in the future annexation reserve area as
The purpose and intent of this article is to establish
defined in the city's comprehensive plan developed
stormwater utility fees sufficient to plan, control, operate,
exclusively for residential purposes including, but not
and maintain the city's stormwater management system.
limited to, single - family homes, manufactured homes,
(Ord. No. 93 - 72, § 1, 12 - 21 - 93)
multifa mily, apartment buildings and condominiums and
transient rentals such as hotels and motels.
Sec. 26 - 401. Definitions.
Nonresidential means any developed property not
otherwise defined as residential.
For the purpose of this article, the following
de finitions shall apply; words used in the singular shall
Undeveloped property means that which has not been
include the plural, and the plural, the singular; words used
altered from its natural st ate by the addition of any
in the present tense shall include the future tense. The word
improvements such as a building, structure, impervious
“shall” is mandatory and not discretionary. The word
surface, change of grade or landscaping. For new
“may” is permissive. Wor ds not defined herein shall be
construction, a property shall be considered developed
construed to have the meanings given by common and
pursuant to this chapter.
ordinary use as defined in the latest edition of Webster's
Dictionary.
(1) Upon issuance of a certificate of occup ancy, or
upon completion of construction or final
Board means the administrative hearing board,
inspection if no such certificate is issued; or
comprised of a representative from the finance departme nt,
a representative from the engineering department and a
(2) Where construction is at least fifty (50) percent
representative from the city manager's office.
complete and construction is halted for a period
of three (3) months.
Director means the director of the utilities department
(Ord. No. 93 - 72, § 1, 12 - 21 - 93; O rd. No. 94 - 31, § 1,
or his designee.
10 - 18 - 94)
Dwelling unit means any residential space identified
for habitation by me mbers of the same family or as
Sec. 26 - 402. Stormwater management utility fee.
classified by the city building code.
A stormwater fee is hereby imposed upon each lot and
Equivalent residential unit (ERU) means that unit of
parcel within the city for services and facilities provided by
construction consisting of one (1) dwelling unit (whether
the storm - water management utility. For purposes of
single - family, condominium, mobile home, or townhouse
impos ing the stormwater fee, all lots and parcels within the
unit) for residentia l purposes; or for commercial or
city are classified into the following three (3) customer
industrial sites, an impervious area equal to one thousand
classes:
nine hundred thirty - seven (1,937) square feet.
(1) Residential.
Impervious area or impervious surface means a
(2) Nonresidential, which includes
Water, Sewers and City Utilities
55
governmental; institutional (tax exem pt);
Sec. 26 - 404. Billing and payment; penalties.
commercial; industrial and other.
(a) Bills or statements for the stormwater utility fee
(3) Undeveloped.
shal l be rendered monthly, in accordance with the regular
(Ord. No. 93 - 72, § 1, 12 - 21 - 93)
utility billing cycle, by the utility billing division of the city
for all properties subject to the fee. Bills shall be payable at
the same time and in the same manner and subject to the
Sec. 26 - 403. Schedule of rates.
same penalties as set forth for water. Any partial payment
of a combined utility bill shall be applied first to the
(a) The director is directed to prepare a list of lots
stormwater utility fee. Any unpaid stormwater utility fees
and parcels within the city and assign a classification of
shall constitute a lien on such property except the liens of
residential, nonr esidential or undeveloped to each lot or
state, county and municipal taxes and shall be on a parity
parcel.
with the lien of such state, county and municipal taxes.
Such lien, when delinquent for more than thirty (30) days,
(b) The monthly charge per ERU for all improved
may be foreclosed by the city in the manner provided by the
properties within the City of Boynton Beach corporate
laws of Florida for the foreclosure of mortgages on rea l
limits shall be five dollars ($5.00). The city commission
property.
may, from time to time, by ordinance amend th e monthly
charge established in this section.
(b) For properties normally receiving monthly utility
bills for other services, the stormwater utility fee shall be
(c) The fee imposed for residential properties shall be
included in the monthly utility bill rendered to the
the rate for one (1) ERU multiplied by the number of
established customer. At the discretion of the city finance
individual dwelling units existing on the property (ERU
director, fee waivers for short - term inactive utility accounts
rate) (number of dwelling units).
accruing fees of ten dollars ($10.00) or less in a six - month
period may be made for purposes of administrative
(d) The fee imposed for nonresidential properties as
convenience.
defined herein shall be the rate for one (1) ERU for each
one thousand nine hundred thirty - seven (1,937) square feet
(c) For properties not receiving monthly utility bills
of impervious area.
for other services, the b ill or statement for the stormwater
utility fee shall be sent to the owner of the property as
(e) The director shall be responsible for determining
determined from the tax rolls. The utility billing division
the impervious ar ea based on data supplied by the county
may render annual or semiannual billing at the beginning of
property appraiser, or by the property owner, tenant or
the defined period on such properties if d etermined to be in
developer if such information is unavailable. The director
the best interest of the city.
may require additional information as necessary to make
the determination. The billing amount shall b e updated by
(d) The owner of a property is ultimately responsible
the director based on any additions or deletions to the
for all fees imposed under this chapter.
impervious area as approved through the building permit
(Ord. No. 93 - 72, § 1, 12 - 21 - 93)
process.
(f) The minimum fee for any nonresidential parcel
Sec. 26 - 405. Adjustment of fees.
shall be equal to the rate for one (1) ERU.
(a) Requests for adjustment of the storm water
(g) There shall be no fe e for undeveloped property.
management utility fee shall be submitted through the
(Ord. No. 93 - 72, § 1, 12 - 21 - 93; Ord. No. 94 - 31, § 2,
director, who shall be given authority to administer the
10 - 18 - 94; Ord. No. 00 - 14, § 2, 6 - 6 - 00; Ord. No. 02 - 12, § 2,
procedures and standards and review criteria for the
4 - 2 - 02)
2002 S - 18
Boynton Beach Code
56
adjustment of fees as established herein. Al l requests shall (1) The board shall complete its review within sixty
be judged on the basis of the amount of impervious area on (60) days of receipt of said request for appeal. The
the site, or additional/enhanced stormwater facilities. No board's determination on the appeal shall be in
credit shall be given for the installation of facilities required writing and set forth in detail the reason for its
by city or county development codes or state stormwater decision.
rules. The following procedures shall apply to all
adjustment requests of the stormwater utility fee: (2) In evaluating the appeal , the board shall be bound
by the standards and review criteria contained
(1) Any owner who has paid his stormwater herein.
management utility fees and who believes the
contribution rate component of his stormwater (3) All determinations of the board arising out of this
management utility fee to be incorrect may, section shall be final.
subject to the limitations set forth in this chapter, (Ord. No. 93 - 72, § 1, 12 - 21 - 93; Ord. No. 94 - 31, § 3,
submit an adjustment request to the director. 10 - 18 - 94)
(2) Request for adjustment of stormwater fees paid by
Sec. 26 - 406. Capital contrib utions.
an owner making the request shall be in writing
and set forth, in detail, th e grounds upon which
relief is sought. Procedures and standards developed by the director
shall define appropriate means by which to optimize
(3) Adjustment requests made during the first development capital contributions in the implementation of
calendar year that the stormwater management basic specific stormwater systems. These basic specific
utility fee is imposed will be reviewed by the capital contributions shall take the form of “fee - in - lieu - of”
director within a four - month period from the date or “availability charges”. Each situation will be analyzed by
of filing of the adjustment request. Adjustments the director, and a specific written decision will be
resulting from such request shall be retroactive to developed. The application is defined as follows:
the beginning of billings but shall not exceed one
(1) year. (1) Fee - in - lieu - of is applied to a site - specific
negoti ated procedure, wherein a development's
(4) The owner requesting the adjustment may, at his stormwater contribution (quantity and quality) is
own cost, provide supplemental information to the assessed its share of the capital needs of the
director including, but not limited to facts, facilities required to serve the development in
opinions or engineering services to substantiate question. This capital contribution would be used
his case. to implement city - own ed stormwater facilities.
The process does not apply wherein the
(5) Adjustments to the stormwater management stormwater facilities are privately held. Each
utility fee will be made upon the granting of the application is evaluated against the city's
adjustment request, in writing, by the director. stormwater master plan for the watershed
Denials of adjustment req uests shall be made in involved or, while the master plan is incomplete,
writing by the director. the cumul ative impacts from the development.
(b) Upon receipt of the written denial of the (2) Availability charge is administered on a site -
adjustment request, the owner who initially requested the specific basis identical to the fee - in - lieu - of
adjustment may, within thirty (30) days of receipt of such procedure noted above; the only difference is that
denial, appeal to the board for review of t he denial. the capital investment advanced by the city in
implementing a stormwate r facility is
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Water, Sewers and City Utilities
57
not recovered through an availability charge. be for the exclusive use of the city's stormwater
The capital charge is determined on a pro rata management utility including, but not limited to, the
share of the capacity used by the new applicant or following:
by the cumulative impact from the devel opment
upon all impacted facilities. (1) Stormwater man agement services, such as
studies, design, permit review, plan preparation
(3) The “fee - in - lieu - of” capital contribution for and development review.
properties redeveloping within the Downtown
Stormwater Improvement Watershed, and (2) Operation, maintenance, repair and replacement
utilizing the installed stormwater treatment and/or of the stormwater collection, storage, treatment
conveyance facilities within that watershed, shall and conveyance infrastructure.
be levied as follows:
(3) Project costs relate d to constructing major or
a. Capital cost per impervious square foot for minor structural improvements to the stormwater -
Water Quality $2.05 related infrastructure as provided in the city - wide
stormwater management plan.
b. Capital cost per impervious square foot for
Water Quantity $0.18 (4) Administrative costs associated with the
management of the stormwater utility fee. A
c. Total Capital cost per impervious square foot maximum of two thousand dollars ($2,000.00)
for Water Quality and Q uantity $2.23 may be transferred to the general fund annually
for administrative costs.
This fee shall be paid prior to the issuance of a
building permit for new construction and/or redevelopment (5) Debt service financing of stormwater - related
in the Downtown Watershed. capital improvements defined in the city - wide
(Ord. No. 93 - 72, § 1, 12 - 21 - 93; Ord. No. 00 - 54, § 4, 10 - 17 - stormwater management plan.
00; Ord. No. 02 - 045, § 7, 8 - 20 - 02)
(6) Funding of studies i ncluding water quantity and
quality monitoring, aerial photography, and
Sec. 26 - 4 07. Program administration.
geotechnical work associated with the planning of
the stormwater - related infrastructure.
It shall be the duty of the director to administer the (Ord. No. 93 - 72, § 1, 12 - 21 - 93; Ord. No. 94 - 31, § 5,
stormwater utility program. The director shall keep an 10 - 18 - 94)
accurate record of all persons using the services and
facilities of said stormwater management utility of the city
a nd make changes in accordance with the rates and charges
established in this chapter or by ordinance. (Ord. No.
93 - 72, § 1, 12 - 21 - 93; Ord. No. 94 - 31, § 4, 10 - 18 - 94)
Sec. 26 - 408. Stormwater utility enterprise fund.
There shall be established a stormwate r utility
enterprise fund for the deposit of all fees and charges
collected by the stormwater utility. These funds shall
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58