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.