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O86-59AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ~ENDING CHAPTER 26 WATER, SEWERS AND CITY UTILITIES, ARTICLE IV SEWERS, DIVISION 2. DISCHARGE TO REGIONAL TREATMENT FACILITY GENERALLY OF THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH, FLORIDA, TO REPEAL IN THEIR ENTIRETY SECTIONS 26-73, 26-74, 26-75, 26-76, 26-77, 26-78, 26-79, 26-80, 26-81, 26-82, 26-83, 26-84, 26-86, 26-87, 26-88 and 26-89; BY ADOPTING IN PLACE THEREOF NEW SECTIONS 26-73 THROUGH SECTION 26-92, INCLUSIVE TO PROVIDE A COMPREHENSIVE INDUSTRIAL WASTE AND PRETREATMENT ORDINANCE; BY PROVIDING A PURPOSE THEREOF, SCOPE, GENERAL PROVISIONS, AND DEFINITIONS; BY REQUIRING COMPLIANCE WITH MORE STRINGENT REGULATIONS; PROVIDING FOR DISPOSAL OTHER THAN THROUGH REGIONAL FACILITIES; BY REQUIRING A PERMIT FOR BUILDING SEWERS AND CONNECTIONS; PROVIDING CRITERIA FOR WASTE DISCHARGED TO THE SOUTH CENTRAL REGIONAL WASTE WATER TP~ATMENT AND DISPOSAL PLANT; PROVIDING CRITERIA FOR THE ADMISSION OF INDUSTRIAL AND COI~ERCIAL WASTE; REQUIRING INDUSTRIAL AND CO~!ERCIAL WASTE DISCHARGE PERMITS AND SETTING TEP~S THEREFOR; PROVIDING AN APPLICATION PRO- CEDURE FOR AN INDUSTRIAL AND CO~ERCI~L WASTE DISCHARGE PERMIT; PROVIDING THE' RIGHT TO REFUSE SERVICE; ADOPTING NATiIONAL CATEGORICAL PRETREATMENT STANDARDS; P~ROViD- ING FOR PROTECTION FROM DAY,AGE; PROVI~DING POWER AND AUTHORITY OF INSPECTORS; P~OVIDIN~ APPLICABILITY AND ENFORCEmeNT PROVISIiONS; PROVIDING REQUIRES~NTS FOR REPORTING, INSPECTION AND MONITORING; PROVIDING ~PRE- TREATMENT CRITERIA; PROVIDING THAT INFOR- MATION BE NON-CONFIDENTIAL; PROVIDING AUTHORITY TO CODIFY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, by the terms of that certain interlocal Agree- ment dated December 26, 1974, between the Cities of Boynton Beach and Delray Beach (CITIES), the South Central Regional Wastewater Treatment and Disposal Board (POTW) was created and the CITIES became the sole, direct customers of the POTW; and WHEREAS, it is a requirement of the PO~W to comply with all applicable State and Federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations 40 CFR, Part 403; and WHEREAS, by the terms of the above referred to Inter- local Agreement, the CITIES, as the sole customers of the POTW, then sell wastewater treatment and disposal services directly to users as well as industrial users;' and WHEREAS, the CITIES and the POTW have entered into %hat certain Industrial Waste and Pretreatment Agreement dated , 1986 (Agreement); and ~EREAS, in order to comply with the provisions of the above referred to Clean Water Act as well as State and Federal law, said Agreement sets forth the terms and conditions upon which the CITIES may discharge wastewater effluent to the POTW's regional treatment facilities and, fUrther, that pursuant to the terms of said Agreement, the CITIES, as a condition to the discharge permit being granted thereby, agreed to adopt an industrial waste and pretreatment ordinance with terms, conditions and provisions no less stringent than the terms set forth in said Agreement for the regulation of the issuance and compliance with discharge permits issued by the CITIES to the CITIES' users and industrial users. NOW, THEREFORE, BE IT ORDAINED~BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: Chapter 26 Water, Sewers and City Utilities, Article IV. Sewers, Division 2. Discharge to Regional Treatment Facility Generally, Sections 26-73 through 26-89, inclusive of the Code of Ordinances, City of Boynton Beach, Florida are hereby repealed in their entirety. Section 2: Chapter 26 Water, Sewers and City Utilities, Article IV. Sewers, Division 2 Discharge to Regional Treatment Facility Generally of the Code of Ordinances, City of Boynton Beach, Florida is hereby amended by creating new Sections 26-73 through 26-92 as set forth in attached Exhibit A. -2- Section 3: Specific authority is hereby given to codify this Ordinance. Section4: conflict herewith are Ail ordinances or parts of ordinances hereby repealed. Section 5: Should any section or provision of this Ordinance or any portion thereof be declared by a court of com- petent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6: This Ordinance shall become effective Immediately upon its final passage. FIRST READING this~~ day of ~, 1986. 1986. ATTEST CITY C~-~ (SEAL) CITY OF BOYNTON BEACH, FLORIDA VICE MAY~--- ..... ~ ' .OUN( IL MEM~ ~ -3- EXHIBIT A Section 26-73. Purpose. This is an Ordinance regulating industrial waste pretreat- ment facilities and discharge of industrial waste into the pub- licly operated treatment works operated by the South Central Regional Wastewater Treatment and Disposal Board (hereinafter POTW) and providing for pollutant limitations, data collection, monitoring and sampling, and providing for penalties for the vio- lation thereof for the following purposes: a) To prevent the introduction of pollutants into the CITY'S wastewater system which will interfere with the normal operation of the system or contaminate the result- ing municipal sludge; b) c) To prevent the int rodU~ti~n Of pollutants into the CITY'S wastewater system which do not receive adequate treatment in the POTW, and which will pass through the system into receiving waters or the atmosphere or other- wise be incompatible with the system; To improve the opportunity to recycle and reclaim waste- water and sludge from the system. Section 26-74. Scope. The POTW is responsible for the proper treatment and disposal of all waste that is proper to process through the regional treat- ment facilities, beginning at the point source. Section 26-75. General provisions. The policy is hereby established that the provisions of this Ordinance will be enforced to the fullest extent possible. Under the provisions of Federal Pretreatment Regulations 40 CFR Part 403 and Florida AdministratiVe Code Rules, 17-3, 17-4, and 17-6 issued by the Florida Department of Environmental Regulation. The standards set forth are minimum requirements to insure the general health and welfare of the public. Section 26-76. Definitions. Act or "the Act". The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.. Authorized Representative of Industrial User means an authorized representative of an industrial user which may be (a)a principal executive officer of at least the level of vice- president, if the industrial user is a corporation, (b)a general partner or proprietor if the industrial user is a partnership or proprietorship, respectively or (c)a duly authorized representa- tive of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates. BOARD means the South Central Regional Wastewater Treat- ment and Disposal Board, including, in the appropriate case, the regional treatment facilities and all its other attendant facilities. BOARD (POTW) . The Board of Di.rectors of the South Central Regional Wastewater Treatment and Disposal Board. BOD (denoting Biochemical Oxygen Demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20°C. expressed in milligrams per liter. Building Sewer. A sewer conveying wastewater from the premises of a User to the POTW. Categorical Standards means National Categorical Pretreat- ment Standards or Pretreatment Standard. City means the City of Boynton Beach. City means all the land and water area included within the boundary of the city or where the city proposes to acquire, establish, construct, extend, operate and maintain sanitary sewer- age facilities, except as follows: a) Ail state- and federally-owned land and water area located in the city or county, except where the state and federal government consent to the provisions of this divi- sion. b) All land and water area duly franchised by the city to privately-owned sewer utility companies for the provi- sions of sewer service, except where the privately-owned sewer utility companies consent to the provisions of this division. Collection system means the system o~':'pu-blic sewers to be operated by a city and connected to the POTW facilities. Compatible Pollutant is a substance amendable to treat- ment in the wastewater treatment plant such as biochemical oxygen demand, suspended solids pH and fecal coliform bacteria, plus additional pollutants identified in the NPDES Permit if the pub- licly owned treatment works was designed to treat such pollutants and in fact does remove such pollutant to a substantial degree. Composite Sample. A series of samples` taken over a speci- f~c 24-hour time period at intervals not to exceed 15 minutes in the waste stream, which are combined into one sample. Cooling Water. The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat. Direct Discharge. The discharge of treated or untreated wastewater directly to the waters of the State of Florida. Director of Utilities or Director means the individual who is in charge of the Public Utilities Department in the City. Domestic wastewater means wastewater derived principally from dwellings, commercial buildings, institutions and industry resulting from household or toilet waste resulting from human occupancy. It may or may not contain ground water, surface water or storm water. Environmental Protection Agency, or EPA. The U.S. Envi- ronmental Protection Agency, or where appropriate the term may also be used as a designation for the Administrator or other duly authorized official of said agency. Executive director means the administrative director or his authorized deputy, agent or representative of the South Cen- tral Regional Wastewater Treatment and Disposal Board. The Execu- tive director is the authorized administration authority of the South Central Regional Wastewater Treatment and Disposal Board of Palm Beach County, Florida. Garbage means the animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods. Grab Sample. A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time. Holding tank waste. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks. Indirect Discharge. The discharge or the introduction of nondomestic pollutants from any source r~g~t'ed under section 307(b) or (c) of the Act, (33 U.S.C. 1317), into the POTW (inclu- ding holding tank waste discharged into the system). Indus trla 1 or c om me rcial was te me aris the liquid wastes from industrial, commercial or institutlonal processes as distinct from domestic or sanitary sewage. Indus t rial and comme rci &l waste discharge permit means a permit issued to control the process flows from industry, commerce or institutions that may be dischar'ged into the sanitary sewer system. This permit is issued in addition to any other types of permits. When issued, the permit will define the charac- teristics and volume of the flow and acceptance or rejection of individual waste components. Industrial User. A source of Indirect Discharge and discharge of industrial and commercial waste which does not constitute a "discharge of pollutants" under regulations issued pursuant to section 402 of the Act. (33 U.S.C. 1342). Interference means the inhibition or disruption of the POTW treatment processes or operations when contributes to a vio- lation of any requirement of the NPDES Permit or reduces the efficiency of the POTW. The term also includes prevention of sewage sludge use or disposal by the POTW. mg/1 is the abbreviation of milligrams per liter or the number of units of minor constituents present wi th each one million units of the major constituent of a solution or mixture. mg/l shall be considered equivalent to parts per million. National Categorical Pretreatment Standard means any federal regulation containing pollutant discharge limits promulga- ted by the EPA which applies toga specific category of industrial users · National Pollutant Discharge Elimination System or NPDES Permit. A permit issued pursuant to section 402 of the Act (33 U.S.C. 1342). National Prohibitive Discharge Standard or Prohibitive Dis- charge Standard means any regulation developed under the authority of 307(b) of the Act and 40 CFR, Section 403.5. New Source. Any source, the construction of which is commenced, after the adoption of this Ordinance. Person means any individual, firm, company, association, society, corporation or group. pH means logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. Pollutant. Any dredged spoil, residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials , radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. Pollution. The man-made or man-induced alteration of the chemical, physical, biological, and radiologlcal integrity of water, Pretreatment means the reduction of the amount of pollu- tants, the elimination of pollutants, or the alteration of the nature of pollutants, or the alteration of the nature of pollu- tant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW' The' reduction or alteration can be obtained by physical, chemical or biological processes, or process changes other means, except as prohibited 'by 40 CFR Section 403.6(d). Pretreatment Requirements. Any substantive or procedural requirement for treating of a waste prior to inclusion in the POTW. Pretreatment Standards. National Categorical Pretreat- merit Standards or Alternative Discharge Limits, whichever is applicable. Publicly Owned Trestment Works (POTW) means in this case, the Regional Treatment Plant operated by the South Central Regional Wastewater Treatment and Disposal Board and the collec- tion sewer system owned and operated separately by the City of Boynton Beach and/or the City of Delray Beach. Properly shredded garbage means the wastes from the pre- paration, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (½) inch (1.27 centimeters) in any dimension. Public sewer means a sewer in which all owners of abut- ting properties have equal rights, and which is controlled by public authority. Regional treatment facilities means the South Central Regional Wastewater Treatment Plant transmission and disposal facilities as operated by the South Central Regional Wastewater Treatment and Disposal Board of Palm Beach County, Florida. Sanitary sewage means the household and toilet wastes resulting from human occupancy. Sanitary sewer means a sewer which carries sewage and to which storm, surface and ground waters~'-m~',~m~o.t intentionally admitted. Significant Industrial User means any Industrial User of the POTW Treatment Plamt who (a)has a discharge flow of 25,000 gallons or more per average work day; or (b)has a flow greater than 5% of the flow in the City's collection system; or (c)has toxic pollutants in excess of limits defined pursuant to Section 307 of the Act, Florida Statues; or (d)is found by either City, State of Florida or U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or' in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or air emissions generated by the system. Sewage means a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be present. Sewage works means all facilities for collecting, pump- ing, treating and disposing of wastewater. Sewer means a pipe or conduit for carrying sewage. Shall is mandatory; may is permissive. Slug means any discharge of water, sewage or industrial waste which in concentration of any given constituent ~or in quan- tity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty- four (24) hour concentration of flows during normal operation. Standard Industrial Classification (SIC) means classifica- tion pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Manage- ment and Budget, 1972, and as amended. State. State of Florida. Storm drain (sometimes termed "storm sewer") means a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes other than unpolluted cool ing water. - Storm sewer means a sewer that carries storm water and surface water, street wash, and other wash wakers or drainage, but excludes domestic wastewater and industrial and commercial waste. Storm Water. Any flow occurring during or following any form of natural precipitation and resulting therefrom. Superintendent. The person desi :e.d by the POTW to supervise the operation of the publicly eatment works and who is charged with certain duties and responsibilities by this article, or his duly authorized representative. Suspended solids means solids that are in suspension in water, sewage, or other liquids and which are removable by labora- tory filtering. Toxic Pollutant. Any pollutant or combination of pollu- tants listed as toxic in regulations promulgated by the Adminis- trator of the Environmental Protection Agency under the provision of CWA 307(a) or other Acts. Treatment Plant. That ~ortion of the regional treatment facilities designed to provide treatment to wastewater and is operated by the South Central Regional Wastewater Treatment and Disposal Board. User. Any person who contributes, causes or permits the contribution of wastewater into the POTW. Utilities Director or Director means the individual who is in charge of the Public Utilities Department in the City, or his specific designee. Wastewater. The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated, which is contributed into or permitted to enter the POTW. Was tewater treatment plant means any arrangement of devices and structures used for treating wastewater. Watercourse means a channel in which a flow of water occurs, either continuously or intermittently. Waters of the State. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artifi- cial, public or private, which are contained within, flow through, or border upon the State or any portion thereof. Section 26-77. _regulations. Compliance with Agreement or more stringent The use of public sewers and the POTW shall be as outlined in this Ordinance or, if more stringent standards are promulgated by 1aw, then the more stringent requirements shall supercede and be considered a part of this Ordinance. Section 26-78. Disposal other than through r.e~ional facilities. (a) The disposal of sewage by means other than use of the available regional wastewater facilities shall be in accordance with city, county, state and federal law. (b) The disposal of sewage to the POTW shall be as outlined in this Ordinance and shall be subject to standards which meets or exceeds the City of Boynton Beach industrial and commercial waste ordinance requirements as they shall exist from time to time and, further, shall be subject to the provisions of the Interlocal Agreement dated December 26, 1974.' Section 26-79. tions. Permit required for building sewers and connec- No unauthorized person shall be permitted to uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit or permission from the proper official empowered to do so by the City. Section 26-80. ~Criteria for wastes discharged to ?OTW. Ail waste discharged.to public sewers which in turn discharge to the regional treatment plant shall meet or exceed the follow- ing criteria: (A) No person shall discharge or cause to be discharged any storm. ~.a~¢~r~_..surface water, ground water, roof ruuoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the proper city or county official. Industrial cooling water or unpolluted process waters may be discharged on approval of the Utilities Director to a storm sewer or natural outlet. (c) No person shall discharge or cause to be discharged any of the following described wa~ers or wastes to any pub- lic sewers: (1) (2) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas. Any waters or wastes contai~;g>~oxic or poisonous solids, liquids or gases, insufficient quantity, either singly or by interaCti, on with other wastes, to injure or interfere wi:th any wastewater treat- ment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the~ wastewater treatment plant including but not limited to cyanides in excess of · 11 mg/1 as CN in ;the wastes discharged to the public sewer. (3) So'l'id or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes-, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plas- tics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders. (D) No person shall discharge or cause to be discharged the following described materials, waters, or wastes if it appears likely that acceptance, of such wastes can harm either the wastewater treatment process or equipment, have an adverse effect on the receiving water body, or can otherwise endanger' life, limb, public property or constitute a nuisance. The'decision shall be ba'Sed on 9 such factors as the quantities~ subject wastes in rela- tion to flows and velocities in the sewers, materials of construction of the sewers, nature of the wastewater treatment process, capacitY of the wastewater t=e~tment plant, degree of treatability of waste in the wastewater treatment plant, and other pertinent factors. The sub- stances prohibited are: (I) ~ny liquid having a temperature higher than one hundred fifty (150) degrees Fahrenheit. (2) Any water or waste containing fats, wax, :grease or oils, whether emulsified or uot, i'u excess of one hundred (I00) mg/1 or containing substances which may solidify or become viscous at temperatures between thirty-two degrees Fahrenheit (32°F) and one hundred fifty degrees Fahrenheit (150°F) and 65°C). (3) Any waters or wastes containing strong acid, iron, pickling wastes, or concentrated plating solutions wh~'ther 'n'eutralized or not. ' (4) Any waters or wastes containing phenols or other taste or odor producing substances, in such concen- tration exceeding limits which may be established by the board as necessary after treatment Of the composite sewage to meet the-~_~u'irements of the state, federal or other public agencies of jurisdic- tion for. such discharge to the receiving waters. (5) Any garbage that has not been properly shredded, which shall mean the wastes from the preparation, cooking and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in ~public sewers, with no particl~ size greater than one-half (½) inch of any dimension. (6) Any water or wastes having a pH lower than 5.5 or higher than 9.5 or having any other corrosive pro- perty capable of causing damage or hazard to structure, equipment, or personnel or any waste treatment works. (7) 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 .............. Arsenic .............. Beryllium ............. Cadmium .............. C6romium Tot ............ 2mg/1 .5 mg/1 llmg/1 .1 mg/1 2 mg/1 I0 Chromium (+6) .......... 1 mg/1 Copper .............. 833333 mg/1 Cyanide .llf uorides ' F1 50 Irons ............. 3 1 Lead - 0.5 mg/1 Mercury ............ 0.002040 mg/1 Nickel ............. 0.6 ~mg/1 Phenolic Comp ......... 0.01~mg/1~ Selenium ............ 0.25 mg/1 Silver ............. 0.0005 mg/1 Zinc ............. 4.5 mg/1 or any substance that will pass through the waste treatment facilities and exceed the state and federal requirements for receiving waters. (8) Any waste from sodium-cycle cation exchange (water softening) units from industrial or commercial users.where the chloride content exceeds 800 mg/1. (9) Any water or waste containing suspended solids or color of such character and quantity that unusual attention or expense is required to handle such materials at the waste treatment facilities without a special permit issued by the City. (10) Any water of waste with a ch~l"orli~ie demand greater than 15 mg/1. (11) Any radioactive isotopes, without a special permit issued by the city. (12) Under not conditions will the discharge of domes- tics, sanitary, industrial or commercial waste be permitted into the storm sewer system. (13) Any radioactive wastes or isotopes of such half- life or concentration as may exceed -limits established by the .board in compliance~with applic- able state or federal regulations. (14) Any waters or wastes having a pH in excess of (9.5). (15) Any materials which exert or cause: (a) Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers '~r-~h, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium ch~loride and sodium sulfate). 11 (E) (b) Excessive discoloration (such as, but not limited to, dye, wastes and vegetable tanning solutions) . (c) Unusual chemical oxygen demand, or chlorine requirement in such quantities as to consti- tute a significant load on the wastewater treatment works. (d) Unusual volume of flow or concentration of wastes constituting "slugs" and defined here- in. (16) Any waters or wastes containing substances which are not amenable to treatment or reduction by the was tewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirement of other agencies having jurisdiction over discharge to the receiving waters. (17) Any waters or wastes containing suspended solids in excess of 175 mg/1 unless the usesr is approved by the City and provided further that the user com- plies with the requirements of the City's Strength Charge System. (18) Any waters or wastes with~:~{'%~e~day, 20-degree Centigrade BOD greater than 220 mg/1 unless the user is approved by the City and provided further that the user complies with the requirements of the City's Strength Charge System. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters con- tain the substances or possess the characteristics enumerated in subsection (D) of this section, and which, in the judgment of the Utilities 'Director, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Utility Director may: (1) (~) (3) (4) Reject the wastes. Require pretreatment to an acceptable conditions for discharge to the public sewers. Require control over the quantities and rates of discharge. Require payment to cover the added cost of handling and treating the wastes not covered by existing fees or sewer charges. If the POTW permits the pretreatment or equaliza,tion of waste flows, the design and installation of the plans (F) (¢) and equipment shall be subject to the review and approval of the POTW and the City and subject to the requirements of all applicable codes, ordinances and laws. In addition, any major contributing industry as defined by 40 CFR 403 shall comply with 40 CFR 12;8 and any other regulation as shall from time to time be established by EPA or other appropriate regulating governmental agency. Grease, oil and sand interceptors shall be provided when, in the opinion of Utility Director, they are neces- sary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients; except that much interceptors shall not be required for przvate living quarters or dwelling units. Ail intercept~rs shall be of a type and capacity approved by the City and shall be so located as to be readily and easily accessible for cleaning and inspection. Where preliminary treatment of flow-equalizimg facili- ties are provided for any waters or wastes, they shall be maintained continuously in satisfactory amd effective operation by the user at his expense. Section 26-81. Admission of industrial and commercial waste. All users of the City's system shall comply with the following: (a) The economy and desirability of the combined treat- ment of industrial and commercial wastes and sani- tary sewage is recognized. However, not all types and quantities of industrial and commercial wastes can be so treated. It shall be the policy to admit the types and quantities of industrial and commer- cial wastes that are not harmful or damaging to the structures, processes or operation of the sewage works or are not specifically prohibited. In all cases, a special permit will be issued which will state specific conditions and requirements to be maintained. It is also recognized that to provide this service, additional facilities and/or treat- ment are required, and the cost of such must be borne by the user receiving the benefits. (~,) Approval is required for the admission of indus- trial or commercial wastes into the public sewers having: (1) A five-day, 20-degree Centigrade BOD greater than 220 rog/1. (2) A suspended solids content greater than 175 rog/1 . The user shall provide chemical analyses of the discharge according to a schedule to be established by the board and continued discharge shall be sub- ject to approval of the City. (c) In order to identify the point sources, all users of the sewage works who are now discharging indus- trial or commercial wastes to the public sewers shall, upon request of the POTW Board, the City or its designated agent, complete and file with the requesting official within ninety (90) days a ques- t ~onnaire which shall furnish pertinent data inclusive of quantity of flow and an analysis of the water discharged to the regional treatment plant. Further, any person desiring to make a new connection to the wastewater system for the purpose of discharging industrial or commercial wastes to the public sewers shall, upon requesting permits and/or connections, complete and file with the designated officials an industrial and commercial waste questionnaire as outlined for existing users. (d) Sample and analysis shall be a 24-hour composite sample collected so as to be a representative sample of the actual quality~:~f~"the wastes. Sample for analysis may be collected by the user or his representative. Analysis shall be made by a regis- tered sanitary engineer or graduate chemist whose qualifications are acceptable to the city or a Class A, B or C wastewater treatment plant operator registered in Florida, using the laboratory methods for the examination of wastewater as set forth in the latest edition of "Standard Methods for Examina- tion of Water and Sewage" as published by the American Public Health Associat'ion. (e) If it is necessary due to the size or complexity of the Waste disposal problem of an establishment, an extension of time may be granted provided it can be shown that it is impractical to meet the schedule imposed in this division. A request for extension must be submitted in writing to the Utilities Director. (f) When required by the Utilities Director, any new establishment discharging industrial or commercial wastes into the sewer system shall construct and maintain at its sole expense a suitable control manhole or manholes downstream from any treatment, storage or other approved works to facilitate obser- vation, measurement and sampling of all wastes including all domestic sewage from the establish- ment. The control manhole or manholes shall be constructed at suitable and satisfactory locations and building im a manner approved by the official identified in subsection (c). The manhole shall be maintained by the establishment so as to be safe and accessible at all times. If any establishment wishes to meter its wsste discharge into the sewer system to verify in-product water retention or other uses of metered flow, it may install, at its sole expense, a flow-metering device as approved by the Utility Director. The control manhole shall be accessible to city personnel at all times for samp- ling. Ail authorized POTW or city employees shall, to the extent permitted by law, be permitted, upon suitable notice to the user, to enter upon all prop- erties for the purpose of inspection, observation, measur, ement, sampling and testing in accordance with provisions of this division. Section 26-82. Industrial and commercial waste discharge permits ~d; term. A special permit will be required for each user which is iden- tified as having other than domestic wastes or waste from sani- tary conveniences. The fixed life of such. a permit is set for one year from date of issue, and any re~e~ waste discharge permit will have a fixed life of one year. These permits involve the implementation of a formula for surcharge for wastes which exceed the sewage parameters for strength as defined in Section 26-80. Permits shall not be transferred, conveyed or sold. Section 26-83. application. Industrial and commercial waste discharge permit A waste discharge permit program for all' of the City's Indus- trial Users is adopted as follows: (a) The application for a waste discharge permit shall be of a form specified by the Utilities Director. (b) This application will define all of the pertinent data concerning the acceptance of industrial and commercial waste flows and will provide the basis for the issuing of a permit certificate specifying limitations on what the user may discharge. (c) The initial permit shall be effective for a period of one year only from date of issuance and must be renewed annually by the applicant in order to continue such waste discharge. (d) (e) An application for an initial permit shall be accom- panied by a cashier's check in an amount as estab- !ished by the city as application fee. Renewal of industrial and commercial waste discharge permit. The application for a renewed waste discharge permit shall be of a form specified by the city, and the annual renewal application fee shall be the same as the initial application fee. (2) Industrial and commercial waste discharge per- mit form. The form of permit for industrial and commercial wastes shall be a specified by the city. Specific provisions for continued acceptance by the city of the waste shall be attached to and made a part of the permit to discharge. The City may prescribe such items as equalized flow discharge, prechlorination or additional limitations on waste characteris- tics not adequately described in this Agree- ment , or may prescribe pretreatment quality requirements for the waste flow in detail. Administration of permits. The administration of the industrial and commercial waste discharge per- mit program and the application of the surcharge formula imposes additiona igations on the Cities. The City, in addition to determining the waste flow volumes and analyzing the waste strengths for development of the surcharge, must also keep an accurate record of the permit applications, per- mits, meter installation details, meter calibra- tions, and must send to each establishment the necessary renewal application forms. The system of record keeping for industrial and commercial permits shall be substantially as follows: A ledger sheet for each establishment headed as follows: 2. 3. 4. 5. Name of industry/business Address/location Type of process Initial permit application forms sent Initial permit application forms received 6. Discharge analysis received 7. Permit issued, date 8. Meter details received 16 Meter details approved 10. Meter installation approved il. Expiration date of initial permit i2. Date renewal permit application forms sent 13. 14. 15. Date renew8 1 permit application forms received Meter certification received Analysis schedule required If yes, attach schedule. 16. Renewal permit issued, date 17. Expiration date of renewal permit 18. 20. I 21. i Repeat 12-17 for future renewals. A ledger sheet for control of all permits as follows: Name of establishment Initial permit application forms sent Expiration date of initial permit Date renewal forms to be sent Expiration date of renewal permit Date renewal forms to be sent Expiration date of renew mit Date renewal forms to be sent Expiration date of renewal permit Date renewal forms to be sent Section 26-84. Right to refuse service. The City shall have the right to refuse waste from any user where wastewater does not comply with this Ordinance. Section 26-85. National categorical pretreatment standards. Upon the promulgation of the National Categorical Pretreat- ment Standards or Alternative Discharge Limits for a particular industrial subcategory, the Pretreatment Standard, if more strin- gent than limitations imposed under this Ordinance for sources in that subcategory, shall immediately supersede the limitations imposed under this Agreement and shall be considered part of this Agreement. Upon receiving notice of the same, the City shall notify, by mail, all affected users of the applicable reporting requirements under 40 CFR 403.12. (a) City's Right of Revision. The City reserves the right to establish by Resolution more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in Section 26-73 of this Ordinance. (b) Excessive Discharge. Ali users are hereby prohib- ited from increasing the use of process water or, in any way, attempting to dilute a discharge as a partial or complete substitute for adequate treat- ment to achieve compliance with the limitations contained in the National Categorical Pretreatment Standards, Alternative Discharge Limits, or in any other pollutant-specific limitation developed by the City or State. (c) Accidental Discharges. When necessary, a user shall provide protection from accidental discharge of prohibited materials or other substances regu- lated by this Ordinance. Facilities to prevent accidental discharge or prohibited materials shall be provided and maintained at the owner's or user's cost and expense. On the request of the City, the user shall be required to submit detailed plans showing facilities and operating procedures. Ail required users shall complete such a plan within 90 days after notification by the City. If further required by the City, a user who commences contribu- tion to the public sewers after the'effective date of this ordinance shall not ~~mitted ~o intro- duce pollutants into the system until accidental discharge procedures have been approved by the City. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facil- ity as necessary to meet the requirements of this ordinance. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the Utility Director of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and correction actions. (d) Written Notice. Within five (5) days following an accidental discharge, the user shall submit to the POTW and City a written report describing the cause of the discharge and the .measures to be taken to prevent similar future occurrences. Such notifica- tion shall not relieve the user of any expense, loss, damage, other liability which may be incurred as a result of damage to the public sanitary sewer system, the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law. (e) Notice to Employees. A notice shall be permanently posted on the user's bulletin board or other promin- ent place advising employees of whom to call in the event of a dangerous discharge. Furthermore, all employers shall insure that all employees who may cause a dangerous discharge to occur are advised of the emergency notification procedure. Section 26-86. Protection From Damage. No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the sewage works. Section 26-87. Power and Authority of Inspectors. (a) To the extent permitted by general law, the proper offi- cial and other duly authorized employees of the City or the POTW - bearing proper credentials and identification shall, to the extent permitted by law, be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this Ordinance. The official or his representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other i~:~ries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. (b) To the extent permitted by general law, the proper offi- cial and other duly authorized employees of the City or the POTW bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds an easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said'easement. Section 26-88. ~plicability to Ail Users. The regulations of this division shall apply to all users of the sewer facilities of the City, whether inside or outside the City, including all other local governments. Section 26-89. Enforcement. (a) Harmful Contributions. The City may suspend the waste- water treatment service to any user, including other local govern- ments, when such suspension is necessary, in the opinion of the Director of Utilities, in order to stop an actual or threatened discharge which presents or may present an imminent or substan- 19 tial endangerment to the health or welfare of persons or the environment, causes interference to the POTW or causes the POTW to violate any condition of its NPDES Permit. Any user moti fied of a suspension of the wastewater treatment service shall immediately stop or eliminate the contribution. In the event of a failure of the user to cause the user to voluntarily comply with the suspension order, the City shall take such steps as deemed mecessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW sys tern or endangerment to any individuals. The City shall reinstate the wastewater treatment service upon proof of the elimination of the non-complying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the City within 15 days from the date of occurrence. (b) Notification of Violation. Whenever the City finds that any user has violated or is violating this Ordinance, or any pro- hibition, limitation of requirements contained herein, the City may serve upon such user a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the City by the user. (c) Show-Cause Hearing. (1) Any user subject to enforcement action under the provisions of this Ordinance may request a hearing before the Utilities Director within ten (10) days of receipt of notification of proposed enforcement Action. A hearing is to be held by the Utilities Director concerning the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the Utilities Director why the proposed enforcement action should not be taken. (2) The Utilities Director may conduct the hearing and take the evidence, or may designate any officer or employee to: (a)Issue in the name of the City notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearing. (b)Take the evidence. The strict rules of evidence shall not apply to any such hearing. (c)Transmit a report of the evidence and hearing including transcripts and other evidence, together with recommendation to the Utilities Director for action thereon. (3) At any hearing held pursuant to this Ordinance, testimony taken must be under oath and recorded steno- graphically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof. (4) After the Utilities Director has reviewed the evidence, he may issue an order to the User responsible for the discharge directing that, following a specified time period, the sewer service be discontinued by the City unless adequate treatment facilities, devices other related appurtenances shall have been installed on existing treatment facilities, and that said devices or other related appurtenances tare properly operated . Further orders and directives as are necessary and appropriate may be issued. (5) The City shall also establish and assess against such user appropriate surcharge or fees to reimburse the City for the additional cost of operation and mainten- ance of the wastewater treatment works due to the viola- tion of this Ordinance. (6) Any action by the Utilities Director may be appealed to the City Manager. ~ ..... (7) Legal Action. If any person discharges sewage, indu~strial wastes or other wastes into the City's waste- water disposal system contrary to the provisions of this Ordinance, Federal or State Pretreatment Requirements, or any order of the City, the City's Attorney may com- mence an action against the user for appropriate legal relief, including injunctive relief, in the appropriate court which has jurisdiction; and to the extent permitted by law, shall seek recowery of all City costs and expenses related to such actions against the user by the City. (8) Records Retention. All users are hereby required to retain and preserve for no less than three (3) years, any records, books, documen~ts, memoranda, reports, correspondence and any and all summaries thereto, relating to monitoring, sampling and chemical analyses made by or on behalf of a User in connection with itp~= discharge. Ail records which pertain to matters which are the subject of Administrative Adjustment or any other enforcement or litigation activities brought by the POTW or the City pursuant hereto shall be retained and preserved by the User until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. 2]. (9) Penalty; Costs. The City hereby adopts the follow- ing p~nalties: (a) Civil Penalties. Any User who is found to have violated an Order of the City or who will- fully or negligently fails to comply with any provision of this Ordinance, and the orders, rules, and regulations issued hereunder, shall be fined per day not less than $100.00 nor more than $500.00 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 attorneys' fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this ordinance or the orders, rules, regulations and permits issued hereunder. (b) Falsifying information. Any person who know- ingly makes any false statements, representation or certification in any application record, report, plan or other document fi led or required to be maintained pursuant to this ordinance, or who falsifies, tampers with, or knowingly renders inaccurate any moni tori~zg.~ device or method required under this ordinance, shall, upon convic- tion, be punished by a fine of not more than $500.00 or by imprisonment for not more than 60 days, or by both. Section 26-90. Reporting~ Inspection and Monitoring Require- ments. (a) Compliance Date Report. Within 90 days following the date for final compliance with applicable Pretreatment Standards or, in the case of a New Source, following commencement of the introduction of wastewater into the public/sanitary sewer system, the user shall submit to the Utility Director a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by Pretreatment Standards and Requirements and the average and maximum daily flow for these process units in the User facility which are limited by such Pretreatment Standards or Requirements. The report shall state whether the applicable Pretreatment Standards and Require- ments are being met on a consistent basis and, if not, what addi- tional O&M and/or pretreatment is necessary to bring the User into compliance with the applicable Pretreatment Standards or Requirements. This statement shall be signed by an authorized representative of the Industrial User and certified to by a quali- fied representative. (b) Periodic Compliance Reports. Each User shall submit to the City during the months of June and December, unless required more frequently in the Pretreatment Standard or by the City, a report indicating the nature and concentration of pollutants in the effluent which are limited by such Pretreatment Standards or this Agreement. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in the submission information. At the discretion of the City and in consideration of such factors as local high or low flow rates, holidays, budget cycles etc. the City may agree to alter the months during which the above reports are to be submitted. (c) Monitoring Facilities. The City may require to be pro- vided and operated at the User's own expense, monitoring facili- ties to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the User's premises, but the City may, when such a location would be impractical or cause undue hardship on the User, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be main- tained at all times in a safe and proper operating condition at the expense of the User. Whether construc~i.'~O.n public or pri- vate property, the sampling and monitoring facilities shall be provided in accordance with plans and specifications submitted to and approved by the City and all applicable local construction standards and specifications. When required, construction of those facilities shall be completed within 90 days following written notification by the City. (d) Inspection and Sampling. The City, through its employees, are authorized to inspect the facilities of any user to ascertain whether the purpose of this Ordinance is being met and all requirements are being complied with. Persons or occu- pants of premises where wastewater is created or discharged shall allow the City or its representative ready access at all reason- able times to all parts of the premises for the purposes of inspection, sampling, records examination, records copying or in the performance of their duties. The City, POTW, Florida DER and EPA shall have the right to set up on the User's property such devices as are necessary to conduct sampling inspection, compli- ance monitoring and/or metering operations. Where a User has security measures in force which would require proper identifica- tion and clearance before entry into their premises, the User shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the City, DER and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. Section 26-91. Pretreatment. industrial Users shall provide necessary wastewater treatment as required to comply with this Ordinance and shall achieve com- pliance with all National Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreat- ment Regulations and as required by the Cities. Industrial Users with integrated facilities shall comply with any Alternative Discharge Limits as set by the City. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated, and maintained at the User's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review at the request of the City. The review of such plans and operating pro- cedures will in no way relieve the User from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City under the provisions of this Ordinance. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to the City prior to the User's initiation of the changes. Ail records relating to compliance with Pretreatment Stan- dards shall be made available to officials of the City, the POTW, EPA or FDER upon request. Section 26-92. Confidential Information. Information and data on a User obtaimed from reports, ques- tionnaires, permit applications, permits and~'~onitoring programs and from inspections shall be available to the public or other governmental agency in accordance with applicable Florida Statutes and/or Federal law.