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O89-40AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 26, 'WATER, SEWERS AND CITY UTILITIES', ARTICLE IV "SEWERS", DIVISION 2. "DISCHARGE TO REGIONAL TREATMENT FACILITY GENERALLY" OF THE CODE OF ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, BY AMENDING SUB-SUBSECTION 26-89(c)(9)a. TO INCREASE THE FINE FOR A VIOLATION; BY ENACTING A NEW SUB-SUBSECTION 26-89(c)(9)c. TO PROVIDE THAT A VIOLATOR MUST RE-SAMPLE THEIR DISCHARGE FOLLOWING A VIOLATION; BY ENACTING A NEW SUBSECTION 26-85(6) REQUI~RING USERS TO GIVE NOTICE OF A CHANGE IN THE NATURE OF THEIR DISCHARGE; BY ENACTING A NEW SUB-SUBSECTION 26-83(4)c. TO REQUIRE SAMPLING OF DIS( FOLLOWING THE ISSUANCE AND ~CE OF PERMITS; BY AMENDING SUBSECTIONS 26-80(4)g. AND th. TO PROVIDE FOR REVISED LIMITS TO THE P.O.T.W.; THAT EACH' AND EVERY OTHER OF CHAPTER 26 NOT SPECIFICALLY AMENDED SHALL REMAIN IN FULL AND EFFECT AS PREVIOUSLY ENACTED; A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING TO CODIFY; PROVIDING AN DATE AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That Chapter 26, "Water, Sewers and City Utilities" Article IV "Sewers", Division 2., Sub-subsection 26-89(c)(9)a. "Civil Penalty" is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck through type as follows: Civil penalties. Any user who is found to have violated an order of the city or who willfully or negligently fails to comply with any provision of this division, and the orders, rules and regulations issued hereunder, shall be fined per day not less than ~e-hu~e~ ~a~s--%$~88~88~--~--m~e--~ha~ ~ve-hum~e~-~lla~s-%$Dggr99} One Thousand Dollars ($1,000.00) for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the city may recover reasonable attorney's fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this division or the orders, rules, regulations and permits issued hereunder. Section 2. That Chapter 26, "Water, Sewers and City Utilities" Article IV "Sewers", Section 26-89(c)(9) Penalty; costs, of the Code of Ordinances of the City of Boynton Beach, Florida, be, and the same is hereby amended by enacting a new sub-subsection c. to read as follows: Within thirty (30) days of any and all violations, the user shall cause a sample of the discharge to be taken and laboratory analysis performed on said sample at their expense with the results to be provided to the Utilities Director. The Utilities Director may require further sampling at such times as he deems appropriate. Section 3. That Chapter 26, "Water, Sewers and City Utilities", Article IV "Sewers" of the Code of Ordinances of the City of Boynton Beach, Florida, be, and the same is hereby amended by enacting a new subsection 26-85(6) "Substantial Change in Discharge", to read as follows: (6) Substantial Change in Discharge. In case of a substantial change in the volume or character of their discharge, it is the responsibility of the user to immediately telephone and notify the Utilities Director of such change. The notification shall include the location of the discharge, type of waste, concentration and anticipated period of time in which the change in volume or character of the discharge is to continue. Section 4. That Chapter 26, "Water, Sewers and City Utilities" Article IV "Sewers", Section 26-83 "Industrial and commercial waste discharge permit application." Subsection (4) of the Code of Ordinances of the City of Boynton Beach' Florida, be and the same is hereby amended by enacting a new Sub-Subsection c. to read as follows: Within thirty (30) days of the issuance of reissuance of a permit, the user shall cause sampling of their discharge and laboratory analysis of said discharge to be forwarded to the Utilities Director. Upon receipt of the results of said laboratory analysis, the Utilities Director may direct the user to further sample the discharge at such times as the Utilities Director deems appropriate. Section 5. That Chapter 26, "Water, Sewers and City Utilities", Article IV "Sewers" Division 2., Section 26-80 "Criteria for wastes discharged to P.O.T.W." Sub-Subsections 26-80(4)g. and 26-80(4)h. are hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: ho Any waste containing toxic substances in quantities in excess of the following limits and measured at the point of discharge into the sewer system: Aluminum ................ 15 mg/1 Antimony ................ 2 mg/1 Arsenic ................ 0.5 mg/1 Beryllium ............... 11 mg/1 Cadmium ................ 0.1 mg/1 Chromium tot ........... ~ 1 mg/1 Chromium (+6) ........~ 0.~ mg/1 Copper .......... 8~8~ 3 mg/1 Cyanide ......... 8~6~6 ~ mg/1 Fluorides ............... 5~ mg/ Irons .................. ~ 5 mg/1 Lead ................... 0.~ mg/1 Mercury ...... 8~08~848 .001 mg/1 Nickel ...............8~6 ! mg/1 Petroleum Hydrocarbo~ 2~ mg/1 Phenolic comp ...... 8=88~ 1 mg/1 Selenium ............ 0 2~ mg/1 Silver ........ ,...8=088~ 1 mg/1 Total toxic Orqanics .... ~ mg/1 no one Darameter over 1 mg/1 Zinc ................. 4=~ 3 mg/1 or any substance that will pass through the waste treatment facilities and exceed the state and federal requirements for receiving waters. Any waste from sodium-cycle cation exchange (water softening) unites from industrial or commercial users where the clhoride content exceeds e~§h%-hu~e~ ~888~ six hundred (600) mg/1. Section 6. That each and every other provision of Chapter 26, "Water, Sewers and City Utilities", not specifically amended herein shall remain in full force and effect as previously enacted. Section 7. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 8. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 9. said ordinance. Section 10. Authority is hereby granted to codify This ordinance shall become effective immediately upon passage. 1989. SECOND, FINAL READING and PASSAGE this day of Vice Mayor ATTEST: City~erk (Corporate Seal) Commissioner mmissioner \~eo--m~issioner