boynton26 Chapter 26
WATER, SEWERS AND CITY UTILITIES*
Art. I. In General, §§ 26-1—26-9
Art. II. Extensions, Replacements and Additions, §§ 26-10—26-37
Div. 1. Generally, §§ 26-10—26-26
Div. 2. Cumulative Provisions for Expansion of Water and Sewer Systems, §§ 26-27— 26-37
Art. III. Water Shortage Plan, §§ 26-38—26-55
Art. IV. Sewers, §§ 26-56—26-111
Div. 1. Generally, §§ 26-56—26-72
Div. 2. Reserved, §§ 26-73—26-99
Div. 3. Reserved, §§ 26-100—
26-111
Div. 4. Industrial and Commercial Waste, §§ 26-112—26-203
Subdiv. A. General, §§ 26-112—26-124
Subdiv. B. Private Sewage Disposal System, §§ 26-125—26-130
Subdiv. C. Installation and Connections, §§ 26-131—
26-139
Subdiv. D. Use of Public Sewers, §§ 26-140—26-147 Subdiv. E. National Categorical Pretreatment
Standards, §§ 26-148—
26-155
Subdiv. F. Reporting,
Inspections, and
Monitoring, §§ 26-156—
26-159
Subdiv. G. Waste
Discharge Permits,
§§ 26-160, 26-161
Subdiv. H. User Charge
and Industrial Cost
Recovery System,
§§ 26-162—26-166
Subdiv. I. Administration,
§§ 26-167—26-170
Subdiv. J. Violations,
Remedies,
§§ 26-171—26-204
Art. V. Cross-Connection Control and Backflow Prevention, §§ 26-205—26-299
Art. VI. Stormwater System, §§ 26-300—26-399
Art. VII. Stormwater Utility Fees, §§ 26-400—26-408
*Cross references-Utilities department, § 2-3; operating capital improvements fund, § 2-14; plumbing generally, § 5-28 et seq.; collection and disposal of refuse by city, § 10-22 et
seq.; sewer systems in subdivisions, App. C, Art. IX, § 10; water systems in subdivisions, App. C, Art. IX, § 15.
ARTICLE I. IN GENERAL
Secs. 26-1—26-7. Reserved.
Sec. 26-8. Water and sewer connection, deposit
and service charges.
There is hereby established a fee structure for
water and sewer service, turn-ons, meter connections and deposits and miscellaneous services as set forth below:
Service Charge
Turn-on $20
Turn-off $20
Turn-on after hours $55
Turn-off after hours $55
Meter test* $20
Re-read* (customer request) $20
Water shut-off charge for non-payment $40
Labor charge for meter upgrades $60
Flow test* $30
*No charge if meter error city's error, or sub-standard flow rate is detected.
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Meter Connection Charges
Meter
Size Inside Outside
(in inches) City City Deposit
5/8 and 3/4 $220 $275 $100
1 $255 $315 $125
11/2 $455 $565 $250
2 $530 $660 $400
3 Furnished and installed by and at the expense of customer $750
4 Furnished and installed by and at the expense of customer $1,250
6 Furnished and installed by and at the expense of customer $2,500
8 Furnished and installed by and at the expense of customer $4,000
Construction Meters
Meter
Size
(in inches) Penalty for Nonread/month Deposit
3/4 $25 $100
1 $25 $100
11/2 $25 $200
2 $25 $250
Hydrant meter $150 $600
If the customer requests to increase the size of his water meter to a size greater than originally installed, the customer shall pay only the differential cost between the original
meter and the cost of the new meter for both the connection and deposit charges. (Ord. No. 90-35, § 2, 9-18-90; Ord. No. 02-045, § 2, 8-20-02)
Editor's note-Ord. No. 90-35, §§ 2, 3, adopted Sept. 18, 1990, provided for the inclusion of provisions pertaining to water and sewer service charges and monthly rates. Such provisions,
designated as §§ 26-36 and 26-37, have been redesignated by the editor as §§ 26-8 and 26-9, for purposes of classification.
Sec. 26-8.1 Water and sewer deposits; accounts,
credits, termination and re-
connection.
(a) Accounts. All utility deposits collected by the city pursuant to this chapter shall be maintained in a non-interest bearing account.
(b) Credits on deposits for residential customers. On December 1st of each year the city will refund utility deposits to residential customers who have maintained a consecutive twelve
(12) month satisfactory payment record and have established services for a consecutive twenty-four (24) month period. Accounts classified as commercial are not eligible for refunds
described in section (b) hereof prior to termination of service. For purposes of this section a "satisfactory payment record" shall mean that the customer:
(1) Has not made more than one late payment after the expiration of 30 days
from the date of mailing.
(2) Has not paid with a check refused by the bank.
(3) Has not been disconnected for non-payment.
(4) Has not tampered with the meter.
(5) Has not used service in a fraudulent or unauthorized manner.
Notwithstanding the foregoing, if subsequent to the refund of the deposit to the residential customer, the customer shall become delinquent for a period in excess of 30 days the city
may require the customer to pay a new deposit within 15 days of written notice. Said deposit shall also be subject to refund in accordance with the provisions of this section.
(c) Termination of service. Upon termination of service the deposit, if not already refunded to the customers account, shall be credited against the final bill and the balance, if
any, shall be returned to the customer in the form of a check.
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Water, Sewers and City Utilities 3
(d) Re-connection. Customer shall be required to place a new deposit on account according to the then current rate upon re-connection to the city system.
(e) Billing for utility service for parcels that will receive both water and sewer service shall commence on the first day that either a sewer connection is made, or the water meter
is set in place. Billing for parcels
receiving sewer service shall commence on the day that the sewer service line is connected to the City's utility system. For initial billing periods of less than 30 days, the base facility
charge will be pro-rated by multiplying the standard base facility charge by the number of days the service was provided, and then dividing by 30.
(f) Base facility charge. The base facility charge is defined as the monthly base fee charged per unit that shall be levied upon the initiation of service.
The base facility charge is used to defray those non-consumption related operational expenses such as salaries, debt service, meter reading, billing and maintenance activities associated
with the City's utility department, that are incurred regardless of water usage.
(Ord. 95-32, § 1, 9-19-95; Ord. No. 00-54, § 2, 10-17-00)
Sec. 26-9. Water and wastewater rates and
charges.
The monthly rates and charges for water and wastewater shall be as set forth in the five-year schedules in this section. Such rates shall become effective on October 1st of each of
the fiscal years indicated and shall not be prorated:
SCHEDULE I. POTABLE WATER RATES
(a) Residential Rates:
Monthly Potable Water Usage
Inside City
Outside City
Base facility charge
$4.00 per month
$5.00 per month
0-9,000 gallons/month
$1.15 per thousand gallons
$1.44 per thousand gallons
9,001-30,000 gallons/month
$1.96 per thousand gallons
$2.45 per thousand gallons
Over 30,000 gallons/month
$2.75 per thousand gallons
$3.44 per thousand gallons
(b) Commercial Rates:
Monthly Potable Water Usage
Inside City
Outside City
Base facility charge
$8.00 per month
$10.00 per month
0-9,000 gallons/month
$1.15 per thousand gallons
$1.44 per thousand gallons
9,001-30,000 gallons/month
$1.96 per thousand gallons
$2.45 per thousand gallons
Over 30,000 gallons/month
$2.75 per thousand gallons
$3.44 per thousand gallons
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SCHEDULE II. WASTEWATER RATES
(a) Residential and commercial rates inside city:
Commodity Rate Dollars Rate If No
Fiscal Base Per Thousand Gallons Water Meter
1990-91 $ 7.97 $1.27 $16.45
1991-92 8.69 1.36 17.48
1992-93 9.41 1.45 18.58
1993-94 10.13 1.54 19.74
1994-95 10.13 1.54 19.74
(b) Residential and commercial rates outside city:
Commodity Rate Dollars Rate If No
Fiscal Base Per Thousand Gallons Water Meter
1990-91 $ 9.96 $1.59 $20.55
1991-92 10.86 1.70 21.84
1992-93 11.76 1.51 23.21
1993-94 12.66 1.93 24.67
1994-95 12.66 1.93 24.67
The maximum sewer commodity charge for residential customers (in city or outside city) will be based upon a maximum sewer usage of seven thousand (7,000) gallons per month. Commercial
accounts will be billed sewer charges based upon total water usage.
For multi-family buildings (in city or outside city) in which several dwelling units are serviced by a single meter, the base facility charge per meter shall be calculated by multiplying
the number of dwelling units times the standard base charges for water, sewer and stormwater. The billing for consumption shall similarly be calculated by dividing the total monthly
consumption for each meter by the number of dwelling units, in order to determine the billing rate and amount per dwelling which is then multiplied by the number of units on each meter.
Billing for utility services for multi-family parcels shall commence on the first day that either a sewer connection is made or a water meter is set in place.
If the utility account is temporarily disconnected, there shall continue to be a minimum charge for water and wastewater billed monthly and calculated at the
base rate for the applicable billing category.
(Ord. No. 90-35, § 3, 9-18-90; Ord. No. 94-30, § 1, 9-20-94; Ord. No. 00-54, § 3, 10-17-00; Ord. No. 02-045, § 3, 8-20-02)
Note-See the editor's note following § 26-8.
ARTICLE II. EXTENSIONS,
REPLACEMENTS AND ADDITIONS
DIVISION 1. GENERALLY
Sec. 26-10. Definitions.
The following definitions of words and phrases shall apply in interpreting this article:
Facilities shall mean the existing sewer and water systems of the city.
Off-site shall mean the area up to the point or points of joining of the facilities to the system.
System shall mean the sanitary sewerage collection system and all facilities incident thereto, and all water mains and distribution lines and appurtenances incident thereto within a
development.
Water main shall mean and refer to the water main owned, operated and maintained by the city.
(Code 1958, § 30B-2; Ord. No. 80-10, § 1, 4-1-80)
Sec. 26-11. Plans and specifications to be
approved by city officers.
In connection with the installation and construction of any extension, replacement or addition to the existing municipal utility systems, including but not limited to sewer and water,
whether such extension, replacement or addition is within or outside the territorial limits of the municipality, or whether such extension, replacement or addition is to be publicly
or privately owned and maintained, it shall be mandatory that prior to issuance of any building permit for the system itself or structures to be located within any proposed building
project, as more particu-larly described hereinafter, or other authorization to proceed be granted, in connection with such project or projects, that the plans and specifications for
such extension, replacement or addition be approved by the office of the city manager, the utilities director, the city's engineers, and the chief of the fire department.
(Code 1958, § 30B-1; Ord. No. 80-10, § 1, 4-1-80)
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Sec. 26-12. Approval of plans by state.
Subsequent to the foregoing municipal officials approving such plans and specifications for proposed additions, replacements or extensions to the municipal utility systems, same shall
be approved by the Palm Beach County Health Department, Florida Department of Environmental Regulation prior to issuance of construction permits. (Code 1958, § 30B-1; Ord. No. 80-10,
§ 1, 4-1-80)
Sec. 26-13. Supervision when work not done by
city; deposit required.
Where such extension, replacement or addition is to be constructed and/or financed by private developers, rather than municipal forces, or their supervised agents or contractors, such
private developer shall coordinate all installations with the municipal utilities department, in order to insure supervision of such installation by a duly authorized supervisor or supervisors
designated by said officials, at all stages of construction, in order that such installation is made in full compliance with approved plans and specifications. It shall be a further
and additional requirement that prior to issuance of any project building permit or installation permit for any project involving extension, replacement or addition to any municipal
utility system, the total cost of supervision by the city be paid by the developer and that a sum sufficient to cover such cost as estimated by the municipal utilities director be deposited
with the city by the private developer prior to issuance of said permits. (Code 1958, § 30B-1; Ord. No. 80-10, § 1, 4-1-80)
Sec. 26-14. Certification that bills paid
prerequisite to approval by city.
Prior to final acceptance of any project described hereinabove, the city shall be furnished with an affidavit from the developer that all bills for labor, services and materials incurred
by the developer in connection with subject installation project have been paid in full. (Code 1958, § 30B-1; Ord. No. 80-10, § 1, 4-1-80)
Sec. 26-15. Approval of utility service provision
prerequisite to building permit for
development.
Any proposed building project or development to be located within the city involving commercial and industrial units or more than two ((2) residential units, shall be considered to
involve the general public welfare and interest and as such, no building permit will be issued therefor by the building department unless and until plans and specifications for additions
to the municipal utility systems, as hereinabove described, indicating the manner in which said project shall be serviced utility-wise have been approved by the municipal officers above
indicated and it shall be mandatory that any changes or alterations in said proposed plans and specifications designated by said officials be effected prior to issuance of subject permits.
(Code 1958, § 30B-1; Ord. No. 80-10, § 1, 4-1-80)
Sec. 26-16. Prerequisites to approval of
development permit.
In connection with review of any proposed plans or specifications above described by the designated municipal officials, the following shall be determined:
(a) That the size, location and design of the pipes, pumps, lift sta
tions or piping intended to serve the area shall be sufficient to insure adequate flow and pressure, based upon
the size, height and density of the subject development. In addition, it shall be affirmatively determined that
the off-site utilities are sized to comply with the Master Comprehensive Utilities Plan of the city; provided, h
owever, that if said compliance requires any oversizing of the pipes or piping necessary to serve the subject de
velopment, the developer (or developers) by joint written agreement with the City shall finance the needed areas
' off-site utilities to a capacity necessary to serve the property of the developer (or developers) in accord wi
th the master plan and; any over-sizing of said off-site utilities constructed
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in accord with the master plan shall be initially financed by the developer (or developers) unless, in response to the developer's request, the city council agrees to fund the oversizing
costs in an amount equal to the oversizing costs plus fifteen (15) percent administrative cost to be paid by the developer (or developers); additionally provided that the owner may pay
the costs of such oversizing with such costs to be accounted as a credit against the owner's capital facilities charge pursuant to section 30B-4(G) hereof. In addition, the
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Water, Sewers and City Utilities 7
proposed system shall provide adequate fire prevention needs and adequate safeguards in the proposed system to provide emergency service in the event of accidental breakage and loss
of pressure within said system as determined by the city.
(b) That the proposed water system contains sufficient provision for fire hydrants with relation to distance between said hydrants and proximity to structures within the proposed development.
Further, that said hydrants will be located at points within the proposed development to enable ready and direct access by mechanical apparatus of the municipal fire department or if
within the county, the appropriate fire district.
(c) The size, type, number and method of installation of any water meter or meters proposed to be installed or added to the municipal water utility system in connection with any building
project as hereinabove described, shall be determined and approved prior to installation thereof by the municipal utilities director. In addition, all required water meters serving the
proposed development shall be placed at locations which will enable municipal personnel to efficiently service and read said meters and developer shall grant permission and legal authority
to the city for the purpose of city personnel having access to said meters.
(d) It is not the intent of this chapter to guarantee, for an extended period of time, adequate capacity to serve the developer's (or developers') property, however, the written agreement
to be executed with the city will state the time period of the guarantee. The capital facility charge will remain as it is at the time of the execution of this agreement during the time
period of the guarantee and will thereafter be as from time to time amended.
(e) The capital facility charge credits will be separately accounted for in either the water portion or the sewer portion of the city's utility fund, and will not be interchangeably
used toward the other's obligation. (Code 1958, § 30B-1; Ord. No. 80-10, § 1, 4-1-80)
Secs. 26-17—26-26. Reserved.
DIVISION 2. CUMULATIVE PROVISIONS FOR
EXPANSION OF WATER AND SEWER
SYSTEMS
Sec. 26-27. Scope.
The city has accepted the responsibility to provide water and sewerage services within its “area” as a regional service agency as designated by the Palm Beach County Area Planning Board;
roughly from the Atlantic Ocean and west to the E-3 canal, and from Hypoluxo Road on the north, south to the north city limits of Delray or as specifically delineated by the area planning
board. (Code 1958, § 30B-3; Ord. No. 80-10, § 1, 4-1-80)
Sec. 26-28. Feasibility study.
When a developer and/or property owner requests in writing utilities service from the city, a feasibility study, the cost of which shall be borne entirely by the developer and/or property
owner, for the extension of utilities shall be conducted by the city's engineers. Said feasibility study shall include an analysis and estimate of:
(a) Projected operation costs;
(b) Projected maintenance costs;
(c) Projected revenue, related to this project.
The city council shall authorize such feasibility study when the developer and/or property owner shall escrow with the city monies sufficient, in the discretion of the city, to conduct
said feasibility study. (Code 1958, § 30B-4; Ord. No. 80-10, § 1, 4-1-80)
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Sec. 26-29. Proposal and approval.
(a) All projects submitted by the developer after a feasibility study and/or property owner proposing any improvement, extension or expansion of any system shall be approved by the
city manager, utility director and the city's engineers. Any proposal will be in writing, describing in detail the purpose, scope and an analysis of the feasibility of the project.
(b) Detailed plans and specifications may also be requested.
(c) The city manager, in conjunction with the city's engineers, shall, within thirty (30) days, approve plans, or deny any proposals if:
(1) The proposal fails to comply with a requirement of the city code or authorized regulations, or
(2) The proposal will result in an economic operating loss to the city, or
(3) The proposal does not comply with the city's master comprehensive utilities plan.
(d) Any denial may be appealed to the city council.
(e) If no city water: A sewerage system proposal to extend sewer service to any area not served, and not to be concurrently served by the city's water system, may be initiated only
after approval by the city council.
(f) If no city sewerage system: A water system proposal to extend water service to any area not served, and not to be concurrently served by the city's sewerage system, may be initiated
only after approval by the city council. (Code 1958, § 30B-4; Ord. No. 80-10, § 1, 4-1-80)
Sec. 26-30. Responsibility for design.
(a) The city's engineers will design both the water treatment plant, raw water supply facilities and the sewage treatment plant and disposal facilities.
(b) The city's engineers will design all off-site water and sewage facilities which shall be constructed by the city.
(c) The on-site sewage collection system and water distribution system shall be designed by the developer and/or property owner (both as found, i.e., in a development or a subdivision).
(d) In all cases, all designs for on-site facilities will comply with city code requirements contained herein and will be approved by the city and the city's engineers prior to construction
and be inspected by the city or their representative, all at the expense of the developer and/or property owner. (Code 1958, § 30B-4; Ord. No. 80-10, § 1, 4-1-80)
Sec. 26-31. Financing.
(a) Design by city. In all cases, developers and/or property owners will extend monies to the city to cover the cost of initiating and designing all or any portions of the transmission,
collection and treatment facilities. This will be fifteen (15) percent of the total estimated cost of any project as determined by the city's engineers.
(b) Construction by city. In all cases, developers and/or property owners will pay the estimated cost of any project, such monies to be paid to the city upon execution of an agreement
between owners and/or developers and the city to provide service and beginning of a construction project, plus agreement in writing to pay on demand, any additional expenses actually
incurred by the city in construction. (Code 1958, § 30B-4; Ord. No. 80-10, § 1, 4-1-80)
Sec. 26-32. Design standards.
All plans and specifications relating to sewerage and water systems extension projects shall comply with established subdivision and building regulations and shall have affixed to them
the seal of a registered professional engineer. With respect to on-site facilities, the property owner and/or developer authorized to undertake the project shall file with the city manager
a reproducible set of plans showing the completed work, as built, together with an affidavit of
Water, Sewers and City Utilities 9
periodic and final inspections by a registered professional engineer, certifying that the work as constructed complies with established city standards, and shall obtain final project
approval from the city manager. (Code 1958, § 30B-4; Ord. No. 80-10, § 1, 4-1-80)
Sec. 26-33. Construction standards.
All extensions of the city's sewerage and water systems shall comply with “Appendix C” of the city Code and/or the following standards:
(a) Location. All sanitary sewers, sewerage pumping stations, water mains and related appurtenances to be conveyed to the city, shall be located only in public rights-of-way, on city
owned property or in easements acceptable to the city. There the property is under development, sewerage and water system extensions shall not be installed until:
(1) The finished grades of the rights-of-way or easements have been established and approved by the city, and
(2) The rights-of-way or easements have been constructed to at least design subgrade.
(b) Installation standards and inspection. All installations shall be made in a manner and of such materials as are in accordance with standards and requirements established by the city,
and all plans, specifications, premises, or construction sites shall be subject to inspection and approval by the city manager or his designee at any time during or after completion
of construction prior to acceptance by the city. No installation or construction by a property owner and/or developer shall be accepted by the city as finally approved until there is
delivered to the city an affidavit which adequately protects the city's interests against mechanics' liens or other liens which might be asserted against the property under applicable
law; the form a
and conditions of the affidavit to be approved by the city attorney.
(c) Building sewer o
r water line. Every “building” sewer or water line shall terminate at the owner's property line and shall be ins
talled and connected to the building plumbing by the property owner at his expense.
(d) Connection to city facil
ities. Actual interconnection of an extension with the existing city sewerage or water system shall be prevented
, by omitting a connecting section or by placing a temporary bulkhead in the connecting lines, until the extensi
on project has been fully inspected and approved and all other conditions for extension of service have been met
.
(e) Ownership. All portions of a sewerage or water system extension project located in a public right-of-way,
city-owned property or a public easement shall, upon installation and acceptance by the city, become the propert
y of the city, and the filing of an application for approval of construction of such a project by a property own
er and/or developer shall be deemed to be consent to such transfer of ownership. The property owner shall execut
e and deliver to the city such deeds or other evidences of ownership as the city may require; provided, however,
that no consideration shall be authorized to be given by the city to such property owner for the execution and
delivery to the city of such deeds or other evidences of ownership unless such consideration is first approved b
y the city council (Code 1958, § 30B-4; Ord. No. 80-10, § 1, 4-1-80)
Sec. 26-34. Capital facilities charges and
connection charges.
(A) CAPITAL FACILITIES CHARGE IMPOSED. When property receives water and/or sewage service from systems owned or controlled by the city, the owner of such property shall pay unto
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the city a water and/or sewage capital facilities charge as follows:
(1) Water:
(a) Property located within the municipal limits of Boynton Beach. Nine hundred thirty-three dollars ($933.00) per equivalent dwelling unit. “Equivalent dwelling unit” is defined as
a unit of construction having the same water usage as a one bedroom single-family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within
the property shall be determined in accordance with the schedule attached to Ordinance Number 80-10 [Article II of this chapter] and by reference made a part thereof.
(b) Property located beyond the municipal limits of Boynton Beach but within the utility service area. One thousand one hundred sixty-six dollars ($1,166.00) per equivalent dwelling
unit. “Equivalent dwelling unit” is defined as a unit of construction having the same water usage as a one-bedroom single-family home, and the number of equivalent dwelling units, for
the purpose of this calculation, contained within the property shall be determined in accordance with the schedule attached to Ordinance Number 80-10 [Article II of this chapter] and
by reference made a part thereof.
(2) Sewage:
(a) Property located within the municipal limits of Boynton Beach. One hundred sixty-six dollars ($166.00) per equivalent dwelling unit. “Equivalent dwelling unit” is defined as a unit
of construction generating the same amount of sewage as a on-bedroom single-family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained
within the property shall be determined in accordance with the schedule attached to Ordinanc
e Number 80-10 [Article II of this chapter] and by reference made a part thereof.
(b) Property located beyond th
e municipal limits of the City of Boynton Beach but within the utility service area. Two hundred seven dollars (
$207.00) per equivalent dwelling unit. “Equivalent dwelling unit” is defined as a unit of construction generatin
g the same amount of sewage as a one-bedroom single-family home, and the number of equivalent dwelling units, fo
r the purpose of this calculation, contained within the property shall be determined in accordance with the sche
dule attached to Ordinance Number 80-10 [Article II of this chapter] and by reference made a part thereof.
Said capital facilities charge is designed to cover the cost of existing or additional raw water production facilities, water treatment facilities and water distribution facilities
together with sewage transmission facilities either existing or additions and
improvements thereto which will be utilized by the city to provide water and sewer service to said property. Said capital facilities charge shall be paid or in part credited if appropriate
upon the issuance of the first building permit issued on the owner's property and shall be computed based upon the rate in effect upon that date.
A capital facilities charge shall not be assessed to restaurants for temporary outdoor seating on private property. Temporary shall be defined as tables and seating arranged and utilized
during the months of November through April, commonly referred to as the "season." Tables, chairs and benches utilized for temporary seating shall be removed and stored during the months
of May through October. Any permissible permanent seating, whether indoors or outdoors, shall continue to be assessed capital facilities charges. Under no circumstances shall any permanent
or temporary seating be located partially or completely within required parking spaces, easements, fire lanes, access aisles, or the public right-of-way.
Water, Sewers and City Utilities 11
For properties located within the community redevelopment area that are assessed capital facilities charges pursuant to this section, the capital facilities charge may be paid in full
prior to or at the time of building permit issuance or on an installment basis, without interest, for an amortization period not to exceed eighteen (18) months from building permit issuance.
Should the installment payment option be utilized, charges will be billed on a monthly basis, and the property shall only be credited for the value of that portion of the capital facilities
which has been paid.
If oversizing funding has been carried out by a developer (or developers) that funding will have a capital facility charge credited in an amount no greater than the oversizing charge
portion of the cost of original construction. Oversizing costs shall be defined to be the relative carrying capacity of the oversized lines as constructed versus the carrying capacity
of the minimum sized lines that would have been required to serve the development (or developments) participating in the funding as follows:
A.* B. C.
Developer(s) Capital Oversized Line Minimum Sized Facility Charge Constructed as Lines Required to Credit as a Percent Required by the Serve Participating
of Costs Master Plan Developer(s)
(Col. A x Col. B
Costs)
44.444% 20 16
74.359 20 12
28.571 16 14
52.381 16 12
71.429 16 10
37.500 12 10
65.517 12 8
84.127 12 6
*From “equation of pipe chart attached as Exhibit A” to Ordinance Number 80-10, which exhibit is set out following this division.
If in providing water or sewer service to an owner or developer, the city utilizes a part or parts of already installed city facilities that have been oversized pursuant to division
1 of this article, the responsibilities of each developer receiving such service subsequent to the trunk line construction agreement for connecting to
a system that has been previously oversized, will be to pay the proportional share (this developer(s) equivalent dwelling units as a percent of total equivalent dwelling units to be
served by the oversize pipe) of the total cost (engineering, construction, etc.) of the system plus the following:
(a) An adjustment equal to the engineering con
sumer price index increase, if any, since the contract date of the construction of the oversizing.
(b) An adjust
ment that represents the interest (assumed to be 9%) that the city would have earned if the related capital faci
lity charge credits were not given to the developer or developers who funded the oversizing.
(c) An adjustment t
hat represents an administrative charge to the city for handling the oversizing negotiations and procedures; the
amount to be fifteen percent (15%).
(d) Equivalent dwelling units capital facilities charge then in effect for
water and sewer services in accord with this chapter as amended.
Note: Example-Assume three (3) developers representing four thousand (4,000) equivalent dwelling units require a twelve (12) inch line to serve them, and the three (3) developers jointly
agree with the city to fund a sixteen (16) inch line which will serve twelve thousand (12,000) equivalent dwelling units. The three (3) developers will pay the entire cost of the installation
of the line, but would receive credits against capital facility charges for 52.318% of the cost of the line divided among the three (3) developers according to their individual share
of the four thousand (4,000) units. Developers tying-in to the system at a later date would pay a cost per unit equal to 1/12,000 of the construction costs plus items (a), (b), (c),
and (d) above.
(B) USE OF FUNDS. All revenues derived from the charges imposed by this section, in excess of the sums required for actual reimbursement of costs for connection, shall be placed in
a separate capital
2002 S-18
12 Boynton Beach Code
improvement fund to be known and designated as Capital Improvement Account of the Water and Sewers Utilities Fund, and shall be used only for the construction, acquisition, addition,
extension, renewal and replacement of water and sewage systems of the city, as appropriated from time to time by the council. If funds are not available in this fund either through revenue
from capital facility charges or balance from bond issue, for the city to approve a project to extend water and sewer systems, the developer may advance fees to the utility trust fund.
(C) WATER CONNECTION CHARGE. When property receives water service from the city facilities, the owner of such property shall pay unto the city a water connection charge, based upon
the size of the service line and meters, for the cost of making the tap into the city system, installation of the service lateral and meters, together with the cost of the meters themselves.
Said water connection charge shall be provided by the city commission, as same shall from time to time be amended.
(D) SEWER CONNECTION CHARGE. When property receives sewage service from the city facilities and the owner of such property requests that the city install the service lateral and make
the actual tap into the city system, the owner shall pay to the city the total cost of all labor performed and material supplied prior to the city performing such services.
(E) CAPACITY RESERVATION FEES. Any person or property owner requesting a firm reservation of water and/or sewage treatment capacity shall pay the city a reservation fee for said capacity.
The reservation fee is intended to equal the costs for financing the necessary capacity and administering this program, and all revenues therefrom shall be placed in the capital improvement
fund described in this section. As such, the reservation fee is hereby established as denoted in the following table, for each year that capacity is to be reserved.
Conversion Factor
No. of Equivalent Annual
Residential Units Reservation
Type of Dwelling (ERU's) Fee
Residential:
Single-family, per meter 1.0 $ 138.60
Apartment, per meter:
5/8" x 3/4" 1.0 138.60
1" 2.9 401.94
2" 9.8 1,358.28
Nonresidential, per meter:
5/8" x 3/4" 1.4 194.04
1" 5.7 790.02
1½" 8.7 1,205.82
2" 15.2 2,106.72
3" 37.4 5,183.64
4" 59.5 8,246.70
6" 232.1 32,169.06
In cases where the required information is not available in sufficient detail to apply the above, a projected flow or demand for the project, certified by a professional engineer registered
in the State of Florida, shall be required. One (1) ERU shall then be equivalent to three hundred eighty-six (386) gallons per day of flow or demand.
The reservation fee shall be due and payable at any of the following instances, whichever occurs first:
(1) At time of concur
rency review and certification; or
(2) Upon request for written confirmation of capacity reservation; or
(3) Upo
n request for the utilities director's signature on department of health and rehabilitative services or departme
nt of environmental regulation permit applications for water and/or sewer main extensions; or
(4) Upon issuance
of a development order by the city; or
(5) Upon renewal of an existing development order by the city.
2002 S-18
Water, Sewers and City Utilities 13
Reservation fees shall serve to reserve capacity for a period not to exceed one (1) year. If the property owner has not paid all applicable capital facilities charges prior to expiration
of the reservation fees, then the fees must be renewed at the rate in effect at that time. Reservation fees are not refundable for any portion of the year during which construction occurs.
The property owner, may, at his discretion, pre-pay all required capital facilities charges in lieu of paying reservation fees. In such instances, firm capacity would be reserved indefinitely
without need for annual renewal. (Code 1958, § 30B-4; Ord. No. 80-10, § 1, 4-1-80; Ord. No. 80-21, § 1, 6-3-80; Ord. No. 83-37, §§ 1—4, 10-18-83; Ord. No. 90-35, § 1, 9-18-90; Ord. No.
91-59, § 1, 8-20-91; Ord. No. 93-03, § 1, 4-8-93; Ord. No. 97-02, § 1, 2-4-97; Ord. No. 02-045, § 4, 8-20-02)
Cross references-Service charges, § 26-8; monthly rates, § 26-9.
Sec. 26-35. Additional charge.
If the use of any property served by the city's sewage and water systems changes after April 1, 1980, (a) so as to change its classification for the purpose of computation of the charge
or (b) so as to increase the number of equivalent units over the number of such units at either the time of payment of the last charge April 1, 1980, whichever is later, then the connection
charge and the capital improvement fee resulting from the change in property use shall be due and payable at the time of the change in property use, regardless of whether any charge
was ever imposed or paid at the time of initial connection to the system. The increased charge imposed by this section shall be due and payable when the building permit for the activity
causing the increased charge is issued. (Code 1958, § 30B-4; Ord. No. 80-10, § 1, 4-1-80; Ord. No. 80-21, § 2, 6-3-80)
Secs. 26-36, 26-37. Reserved.
[Tables appear on the following pages]
2002 S-18
14 Boynton Beach Code
Water, Sewers and City Utilities 15
PALM BEACH COUNTY HEALTH DEPARTMENT
“GUIDELINES”
Estimated Sewage Flows
Equivalent Equivalent
Sewage Flow Dwelling Water Usage Dwelling
Gallons/Day Units Gallons/Day Units
Single-Family Homes:
(a) One-bedroom-One dwelling unit 250 1.0 312 1.0
(b) Two-bedroom 350 1.4 437 1.4
(c) Three-bedroom 450 1.8 562 1.8
(d) Four-bedroom 500 2.0 625 2.0
(e) Five-bedroom 550 2.2 687 2.2
(f) Additional bedroom, each 50 62
Apartment House:
(a) One-bedroom 200 0.8 250 0.8
(b) Two-bedroom 300 1.2 375 1.2
(c) Three-bedroom 400 1.6 500 1.6
Mobile Home Park, per unit:
Independent 250 1.0 312 1.0
Dependent 100 0.4 125 0.4
Motels or Hotels, with one-bedroom units,
per unit 100 0.4 125 0.4
Laundries (coin-operated), per machine 400 1.6 500 1.6
Office Buildings, per employee 20 25
Schools, per pupil:
Day, cafeteria and showers 20 25
Day, cafeteria or lunch room 15 19
Boarding 75 93
Service Stations:
First bay 1000 4.0 1250 4.0
Each additional bay 500 2.0 625 2.0
Churches, per sanctuary seat 5—7
Restaurants (including toilets):
(a) Twenty-four-hour, per seat 50 62
(b) Not twenty-four-hour, per seat 35 44
(c) Bars and cocktail lounges, per seat 35 44
(d) Drive-in, per car space 50 62
(e) Vending machine restaurants, per
seat 70 88
(f) Tavern (very little food service), per
seat 20 25
Hospitals, per bed 200 250
Nursing and Rest Homes, per person
Camps:
(a) Day (no meals), per person 20 25
(b) Luxury, private bath, per person 100 125
(c) Labor, per person 75 93
(d) Youth and recreation, per person 50 62
Vacation Cottages, per person 50 62
Institutions, per resident 100 125
16 Boynton Beach Code
Equivalent Equivalent
Sewage Flow Dwelling Water Usage Dwelling
Gallons/Day Units Gallons/Day Units
Theaters:
Indoor, per person 3 4
Outdoor, per car 5 7
Travel Trailer, per unit 75 93
Stores 400 1.6 500 1.6
Factories, per person per shift 15 19
Picnic Parks (with floor toilets), per person 10 13
Airport, per passenger 3 4
Barbershop, per chair 85 107
Beauty Shop, per booth 100 125
Bowling Alley, (per lane) 200 250
Child Care Centers 20 25
Child Care Centers (with food) 35 44
Shopping Centers:
(a) Per square foot floor space (no food
service or laundry) 0.1 0.125
Structured Not Listed Above:
Daily flow must be estimated by a
registered professional engineer
in accordance with published rules
of the State of Florida, Department
of Environmental Regulation.
(Ord. No. 80-10, 4-1-80)
Water, Sewers and City Utilities 17
ARTICLE III. WATER SHORTAGE PLAN*
*Editor's note-Ord. No. 85-36, § 1, adopted May 7, 1985, provided for the repeal of §§ 26-38—26-45, being Art. III, Curtailment of nonessential uses of water during water shortage,
as derived from Ord. No. 80-15, §§ 1—7, 10, adopted May 14, 1981; and Ord. No. 81-24, § 1, adopted July 21, 1981; and enacted in lieu thereof new provisions relative to similar subject
matter to read as herein set out. Prior to the 1981 provisions, Art. III, §§ 26-38—26-45, had pertained to water use in emergency situations as derived from the 1958 Code, §§ 30C-1—30C-8.
Sec. 26-38. Intent and purpose.
It is the intent and purpose of this article to protect the water resources of the City of Boynton Beach from the harmful effects of over-utilization during periods of water shortage
and allocate available water supplies by assisting the South Florida Water Management District in the implementation of its water shortage plan. (Ord. No. 85-36, § 1, 5-7-85)
Sec. 26-39. Definitions.
For the purpose of this article, the following terms, phrases, words and their derivatives shall have the meaning given herein; when not inconsistent with the context, words used in
the present tense include the future, words in the plural include the singular, and words in the singular include the plural; the word “shall” is always mandatory and not merely directory:
District is the South Florida Water Management District.
Person is any person, firm, partnership, association, corporation, company or organization of any kind.
Water resource means any and all water on or beneath the surface of the ground, including natural or artificial water courses, lakes, ponds, or diffused
surface water, and water percolating, standing, or flowing beneath the surface of the ground.
Water shortage condition is when sufficient water is not available to meet present or anticipated needs of persons using the water resource, or when conditions are such as to require
temporary reduction in total water usage within a particular area to protect the water resource from serious harm. A water shortage usually occurs due to drought.
Water shortage emergency means that situation when the powers which can be exercised under Part II of Chapter 40E-21, Florida Administrative Code, are not sufficient to protect the
public health, safety or welfare, or the health of animals, fish or aquatic life, or a public water supply or commercial, industrial, agricultural, recreational or other reasonable uses.
Water shortage phase means a phase of water shortage declared by the district and as established by Rule 40E-21.251, Florida Administrative Code.
(Ord. No. 85-36, § 1, 5-7-85; Ord. No. 02-045, § 5, 8-20-02)
Sec. 26-40. Application of article.
The provisions of this article shall apply to all persons using the water resource within the geographical areas subject to the “water shortage” or “water shortage emergency,” as determined
by the district, whether from public or privately owned water utility systems, private wells, or private connections with surface water bodies. This article shall not apply to persons
using treated effluent or saltwater. (Ord. No. 85-36, § 1, 5-7-85)
Sec. 26-41. Incorporation of water shortage plan
and amendments into Code.
Chapter 40E-21, Florida Administrative Code, as same may be amended from time to time, is incorporated herein by reference, as part of the City Code. (Ord. No. 85-36, § 1, 5-7-85)
2002 S-18
18 Boynton Beach Code
Sec. 26-42. Declaration of water shortage; water
shortage emergency.
(a) The declaration of a water shortage or water shortage emergency within all or any part of the City of Boynton Beach by the governing board or the executive director of the district
shall invoke the provisions of this article. Upon such declaration, all water use restrictions or other measures adopted by the district applicable to the City of Boynton Beach, or any
portion thereof, shall be subject to enforcement action pursuant to this article. Any violation of the provisions of Chapter 40E-21, Florida Administrative Code, or any order issued
pursuant thereto, shall be a violation of this article.
(b) Upon the declaration of a water shortage or water shortage emergency as described in division (a) above, a surcharge shall be added to the charge for potable water on all customers
using more than 9,000 gallons per month. Charges shall be applicable during the first billing cycle following the declaration, and shall remain in effect until the declaration is lifted,
as follows:
Water Shortage Phase Percent Surcharge Applied
I 15%
II 30%
III 45%
IV 60%
(Ord. No. 85-36, § 1, 5-7-85; Ord. No. 02-045, § 6, 8-20-02)
Sec. 26-43. Enforcement.
Every police officer or sheriff having jurisdiction in the area governed by this article shall, in connection with all other duties imposed by law, diligently enforce the provisions
of this article. In addition, the city manager may also delegate enforcement responsibility for this article to agencies and departments of city government, or cities in the service
areas governed by this article, in accordance with state and local law. (Ord. No. 85-36, § 1, 5-7-85)
Sec. 26-44. Penalties.
Violation of any provision of this article shall be subject to the following penalties:
First violation: twenty-five dollars ($25.00)
Second and subsequent violations: Fine not to excee
d five hundred dollars ($500.00) and/or imprisonment in the county jail not to exceed sixty (60) days
Each day in violation of this article shall constitute a separate offense. In the initial stages of a water shortage or water shortage emergency, law enforcement officials may provide
violators with no more than one (1) written warning. The city, in addition to the criminal sanctions contained herein, may take any other appropriate legal action, including but not
limited to emergency injunctive action, to enforce the provisions of this article. (Ord. No. 85-36, § 1, 5-7-85)
Sec. 26-45. Water users to accept provisions of
article.
No water service shall be furnished to any person by a public or private utility unless such person agrees to accept all the provisions of this article. The acceptance of water service
shall be in itself the acceptance of the provisions thereof. (Ord. No. 85-36, § 1, 5-7-85)
Secs. 26-46—26-55. Reserved.
ARTICLE IV. SEWERS
DIVISION 1. GENERALLY
Sec. 26-56. “Fixture” defined.
Within the meaning of this article, a fixture is a plumbing fixture or drain that connects to the sewer, including a toilet, wash basin or lavatory, bathtub or shower, laundry tub,
kitchen sink, slop or wash sink, washing machine drain, or any fixture, machine, equipment or device connected to or discharging into the sewer. (Code 1958, § 23A-1)
2002 S-18
Water, Sewers and City Utilities 19
Sec. 26-57. Connections required.
(a) The owner, tenant or occupant of each lot or parcel of land within the city which abuts upon a street or other public way containing a sanitary sewer served or which may be served
by the sewage disposal system and upon which lot or parcel a building has been or shall be constructed for residential, commercial or industrial use, shall within thirty (30) days after
the placing of the sewage disposal system in operation and the construction of all connections thereto from such sanitary sewer, or within thirty (30) days after the construction of
such building, connect such building with such sanitary sewer, and shall cease to use any other method for the disposal of sewage, sewage waste
or other polluting matter.
(b) The owner shall be responsible to maintain, repair, and replace, as necessary all sewer laterals and appurtenances serving the owner's property, and which are not located within
the city rights-of-way. The clearing of any blockages within the sewer lateral is included within this obligation.
(1) A sewer lateral is that portion of sewer pipe, which connects a structure to a sewer main. Appurtenances to the sewer lateral include, but are not limited to the fitting to which
the owner's plumbing is connected, the clean-out and plug, and any markings or devices installed as an aid to locating the service connection.
(2) Except as provided in this section, any portion of the sewer lateral located within the city rights-of-way, once accepted by the city, is the responsibility of the city. All other
portions of the sewer lateral are the responsibility of the property owner.
(3) Should the city determine that blockage in any portion of the sewer lateral has occurred as a result of root intrusion from a tree located on non-city property, the owner of the
property where the tree is located shall reimburse the city for any costs and expenses incurred by the city in repairing or replacing the sewer lateral and restoring the streets, sidewalks,
or other areas affected by the necessitated repair or replacement.
(4) No modification, repair or replacement of a sewer lateral within the public right-of-way shall be performed without the written consent of the city utility department.
(5) Nothing herein shall be construed to prohibit the city from performing any repairs or replacement of sewer laterals in the public rights-of-way.
(6) The city shall not be responsible for, nor will the city provide reimbursement for claims of costs incurred by property owners to clear blockages to any sewer lateral, including
any and all damage within the residence or structure, without a written agreement, entered into prior to the commencement of any work on the sewer lateral.
(7) In the event of an emergency and in order to protect the public health and safety, the city may perform repairs to the sewer lateral on private property. Wherever possible, the
city shall, at a minimum, make reasonable attempts to notify the property owner of the need for repairs to the sewer lateral. In the event the city performs repairs under this subsection,
the city shall be entitled to reimbursement by the property owner of all costs and expenses incurred for such emergency work. (Code 1958, § 23A-2) (Ord. No. 04-074, § 2, 9-21-04)
Sec. 26-58. Reserved.
Editor's note-Ord. No. 82-37, § 1, adopted Oct. 6, 1982, repealed § 26-58, prescribing service charges, derived from Code 1958, § 23A-3.
Sec. 26-59. Additional charge for and treatment
of industrial sewage.
In cases where the character of sewage from any manufacturing or industrial plant, building or premises is such that it imposes a burden upon the sewage disposal system in addition
to the burden imposed by the average sewage entering the sewer system, such additional charge shall be made therefor as the city commission shall, with the approval of the consulting
2005 S-23
20 Boynton Beach Code
engineers, deem to be fair and equitable to meet the additional cost of collection, treatment and disposal of such sewage, or the city commission may, if it deems advisable, compel the
owner, tenant or occupant of such manufacturing or industrial plant, building or premises to treat such sewage in such manner as shall be specified by the city commission before discharging
such sewage into the sewer system of the city.
In cases where the character of the sewage from any manufacturing or industrial plant, building or premises is such that it imposes a burden upon the sewage disposal system the city
commission may, with the approval of the consulting engineers, grant such reduction in the amount of the sewer service charges as it shall deem fair and equitable. (Code 1958, § 23A-4)
Sec. 26-60. Free service prohibited.
There shall be no free services rendered by the sewage disposal system and all users of the service and facilities of the sewage disposal system shall pay for the use of such services
and facilities at the established rates. (Code 1958, § 23A-5)
Sec. 26-61. Collection of service charge.
(a) The sewer service charges shall become effective, as to each lot or parcel of land which may be connected with the sewage disposal system by or through any part of the sewer system
of the city, upon the placing of the sewage disposal system in operation and the construction of all connections thereto from the sanitary sewer serving such lot or parcel.
(b) In all cases where water is furnished by the water department of the city, the amount of the sewer service charges shall be included in the bills for water rendered by the city.
In all cases where water is furnished by any plant or system other than the water department of the city, bills shall be rendered for the amount of such sewer service charges in the
same manner as bills are rendered for water.
(c) All bills for sewer service charges shall be either hand delivered to the customer monthly, or by way of the United States Postal Service, and shall be due when rendered. If not
paid within thirty (30) days of the original billing date, such sewer service charge shall be added to the next monthly bill and shown thereon as a delinquent item. Should the customer
fail to pay said delinquent item immediately, the city may thereafter, and without further notice to the customer, disconnect the service, discontinue furnishing water to such premises,
and, if the amount of the total bill exceeds the amount of the customer's water meter deposit, it may also disconnect such meter. Further, the city shall proceed forthwith to recover
the amount due on said bill in such lawful manner as it may deem advisable.
(d) If any bill for sewer service charges rendered in connection with any premises not connected with the water system shall not be paid within thirty (30) days from the rendition of
such bill, the owner, tenant or occupant of such premises shall cease to dispose of sewage or industrial wastes originating from or on such premises by discharge thereof directly or
indirectly into the sewer system of the city until such sewer service charges, with interest, shall be paid, and if such owner, tenant or occupant shall not cease such disposal at the
expiration of such thirty (30) day period, the city shall disconnect such premises from the sewer system and the city commission shall proceed forthwith to recover the amount of such
sewer service charges in such lawful manner as it may deem advisable. (Code 1958, § 23A-7)
Sec. 26-62. Trespass on property of system.
Any person who wrongfully, or without authority enters any enclosure or buildings of the sewage disposal system shall be deemed to have entered with the intention of committing a trespass
on said land or building, and every person so trespassing shall be guilty of a violation of this Code. (Code 1958, § 23A-8)
2005 S-23
Water, Sewers and City Utilities 20A
Secs. 26-63—26-72. Reserved.
DIVISION 2. RESERVED*
*Editor's note-Formerly. Div. 2, §§26-73—26-92, pertained to discharges to regional treatment facility. Such provisions, derived from Ord. No. 86-59, § 2, adopted Dec. 16, 1986, and
Ord. No. 89-40, §§ 1—5, adopted Nov. 7, 1989, were repealed by Ord. No. 93-8, title, adopted May 18, 1993.
Secs. 26-73—26-99. Reserved.
DIVISION 3. RESERVED**
**Editor's note-Ord. No. 93-8, adopted May 18, 1993, provided by title for the deletion of Div. 3, §§ 26-100—26-104, which pertained to wholesale user charge and industrial cost recovery.
Such provisions were derived from Ord. No. 79-31, §§ 1—5, adopted Nov. 21, 1979.
Secs. 26-100—26-111. Reserved.
DIVISION 4. INDUSTRIAL AND
COMMERCIAL WASTE
Subdivision A. General Provisions
Sec. 26-112. Purpose.
The purpose of this chapter is to regulate industrial waste pretreatment facilities and discharge of industrial waste into the Wastewater Facility (WWF) operated by the South Central
Regional Wastewater Treatment and Disposal Board and providing for pollutant limitations, data collection, monitoring, and sampling, and providing for penalties for the violation thereof
for the following purposes:
(a) To prevent the introduction of pollutants into the city's wastewater system which will interfe
re with the normal operation of the wastewater collection system or the wastewater treatment plant, or which wil
l contaminate the resulting municipal sludge;
(b) To prevent the introduction of pollutants into the city's wast
ewater collection system which do not receive adequate treatment by the WWF, and which will pass through the sys
tem into receiving waters or the atmosphere or otherwise be incompatible with the system;
(c) To protect the Wastewater Facility workers and the general publi
c;
(d) To provide for fees for the equitable distribution of the costs of operation, maintenance, and improvemen
t of the Wastewater Facility;
(e) To improve the opportunity to recycle and reclaim wastewater and sludge from t
he system; and
2005 S-23
20B Boynton Beach Code
Water, Sewers and City Utilities 21
(f) To enable the City to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other Federal or State laws
to which the WWF is subject.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
Sec. 26-113. Policy and scope.
The policy is established that the provisions of this chapter will be enforced to the fullest extent possible under the provisions of Federal Pretreatment Regulations 40 CFR Part 403
and Florida Administrative Code Rules, 62-302, 62-600, 62-604, 62-610, and 62-625 issued by the Florida Department of Environmental Protection. The standards set forth are minimum requirements
to ensure the general health and welfare of the public. Except as otherwise provided herein, the City shall administer, implement, and enforce the provisions of this chapter.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
Sec. 26-114. Application Of chapter.
(a) The use of city wastewater facilities by any entity or local government shall subject that entity or local government to the application of this chapter. This shall include, but
not be limited to, wholesale, retail, and large agreement users, whether inside or outside the city limits.
(b) The regulations of this chapter shall apply to all users of the sewer facilities of the city whether inside or outside the city, including all other local governments such as, but
not limited to, the Town of Highland Beach, the Town of Gulf Stream, and contributions from incorporated or unincorporated agencies of Palm Beach County.
Furthermore, all local government users shall be required, within sixty (60) days after enactment of this chapter and notice thereof, to enact ordinances substantially similar to this
chapter and to apply and enforce the same to all users of their public and sanitary sewer systems.
(Ord. No. 99-21, § 1, 8-3-99)
Sec. 26.115. Definitions.
The following abbreviations, when used in this chapter, shall have the designated meanings:
BOD Biochemical Oxygen Demand
CFR Code of Federal Regulations
COD Chemical Oxygen Demand
DEP Department of Environmental Protection
EPA United States Environmental Protection Agency
FAC Florida Administrative Code
gpd gallons per day
mg/l milligrams per liter
NPDES National Pollutant Discharge Elimination System
POTW Publicly Owned Treatment Works
RCRA Resource Conservation and Recovery Act
SIC Standard Industrial Classification
TSS Total Suspended Solids
USC United States Code
WWF Wastewater Facility
For the purpose of this chapter, all definitions shall be applied and interpreted in accordance with 40 CFR 403, as amended.
Act and The Act. The Federal Water Pollution Control Act, also known as the Clean Water Act of 1977, as amended, 33 U.S.C. 1251, et seq.
Approval authority. The Florida Department of Environmental Protection.
Authorized representative of the user.
(1) If the user is a corporation:
2000 S-12 Repl.
22 Boynton Beach Code
a. The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making
functions for the corporation; or
b. The manager of one or more manufacturing, production, or operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding
twenty-five (25) million dollars (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
(3) If the user is a Federal, State, or local government facility: a director or highest official appointed or designated to oversee the operation and performance of the activities
of the government facility, or their designee.
(4) The individuals described in paragraphs (1) through (3), above, may designate another authorized representative if the authorization is in writing, the authorization specifies
the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the
company, and the written authorization is submitted to the City.
Board. The South Central Regional Wastewater Treatment and Disposal Board, including, in the appropriate case, the regional treatment facilities, and all its other attendant facilities.
Board (WWF). The Board of Directors of the South Central Regional Wastewater Treatment and Disposal Board.
B.O.D. (Denoting Biochemical Oxygen Demand). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at
20° centigrade, usually expressed as a concentration (e.g., mg/l).
Building sewer. Sewer conveying wastewater from the premises of a user to the collection system which transmits wastewater to the WWF.
Categorical pretreatment standard or categorical standard. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the
Act (33 USC Section 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
Chemical oxygen demand (C.O.D.). A measurement of the oxygen equivalent of the organic matter content of a sample that is susceptible to oxidation by a strong chemical oxidant using
procedures listed in 40 CFR 136.
City. The City of Boynton Beach; all that land and water area included within the boundaries of the "City" in which the Commission proposes to acquire, establish, construct, extend,
operate, and maintain sanitary sewerage facilities, except as follows:
(1) All state and
federally owned land and water area located in the city or county, except where the state and federal government
consent to the provisions of this chapter.
(2) All land and water area duly franchised by the city or county to
privately owned sewer utility companies for the provisions of sewer service, except where the privately owned s
ewer utility companies consent to the provisions of this chapter.
1999 S-11
Water, Sewers and City Utilities 23
Collection system. The system of public sewers to be operated by the city and connected to the WWF facilities.
Compatible pollutant. A substance amenable to treatment in the wastewater treatment plant such as biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus
additional pollutants identified in the NPDES permit if the wastewater facility was designed to treat those pollutants, and in fact, does remove the pollutant to a substantial degree.
Composite sample. A series of samples taken over a specific 24-hour time period at intervals not to exceed fifteen (15) minutes in the waste stream which are combined into one sample.
Flow proportional sampling is mandated unless circumstances do not permit it, then it shall be time proportional. Samples shall be taken during effluent discharge times only.
Cooling water. The water discharged from any use such as air conditioning, cooling, or refrigeration, or to which the only pollutant added is heat.
Direct discharge. The discharge of treated or untreated wastewater directly to the waters of the State of Florida.
Director of utilities, utilities director, or director. This refers to the individual in charge of the Utilities Department for the city.
Discharge. Means disposal of, deposit, place, emit, unload, release or cause or allow to be disposed of, deposited, placed, emitted, unloaded, or released.
Domestic wastewater. Wastewater derived principally from dwellings, commercial buildings, institutions, and industry resulting from household or toilet waste resulting from human occupancy.
It may or may not contain ground water, surface water, or stormwater.
Environmental Protection Agency or EPA. The U.S. Environmental Protection Agency, or where appropriate, the term may also be used as a designation for the Administrator or other duly
authorized official of that agency.
Executive director. The administrative director or his authorized deputy, agent or representative of the South Central Regional Wastewater Treatment and Disposal Board. The Executive
Director is the authorized administration authority of the South Central Regional Wastewater Treatment and Disposal Board.
Existing source. Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will
be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.
Garbage. 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 without regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes.
Grantee. Recipient of a federal grant for all or a portion of a treatment works as administered by the Environmental Protection Agency.
Holding tank waste. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
Indirect discharge or discharge. The introduction of non-domestic pollutants from any source regulated under Section 307(b), (c), or (d) of the Act, (33 U.S.C. 1317), into the WWF
(including holding tank waste discharged into the system).
Industrial or commercial waste. The liquid wastes from industrial, commercial, or institutional processes as distinct from domestic or sanitary sewage.
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Industrial and commercial waste discharge permit. A permit issued to control the process flows from industry, commerce, or institutions that may be discharged into the sanitary sewer
system. This permit is issued in addition to any other types of permits. When issued, the permit will define the characteristics and volume of the flow and acceptance or rejection
of individual waste components and/or require high strength waste surcharges.
Industrial cost recovery. Recovery by a federal grantee from the industrially classified users of a treatment works of the grant amount allocable to the treatment of wastes from those
users.
Industrially classified user. An industrial or commercial user whose liquid wastes are, in part, made up of flows related to industrial or commercial activities, as distinct from an
industrial or commercial user whose waste flows are primarily domestic or resulting from human occupancy.
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).
Instantaneous maximum allowable discharge limit. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the duration of the sampling event.
Interference. A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the WWF, its treatment processes or operations, or
its sludge processes, use or disposal; and thereafter, is a cause of a violation of the NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the
following statutory/regulatory provisions or permits hereunder, or any more stringent State or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title
II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle
D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
Medical waste. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated
laboratory wastes, and dialysis wastes.
Milligrams per liter (mg/l). The number of units of minor constituents present with each one million (1,000,000) units of the major constituent of a solution or mixture. Milligrams
per liter shall be considered equivalent to parts per million.
Monitoring costs. Those costs incurred by the City in performing monitoring and/or sampling as prescribed by 40 CFR 403.
National categorical pretreatment standard. Any federal regulation containing pollutant discharge limits promulgated by the EPA which applies to a specific category of industrial users.
National Pollutant Discharge Elimination System or NPDES Permit. A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).
National prohibitive discharge standard or prohibitive discharge standard. Any regulation developed under the authority of 307(b) of the Act and 40 CFR, Section 403.5
Natural outlet. Any ditch, canal, stream, waterway, lake, river, pond, well, gully, or other water body.
New source.
(1) Any build
ing, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the constru
ction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Ac
t which will be applicable to such source if such standards are thereafter promulgated in accordance with that s
ection, provided that:
1999 S-11
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a. The building, structure, facility, or installation is constructed at a site which no other source is located; or
b. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
c. The production of wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In
determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility
is engaged in the same general type of activity as the existing source, should be considered.
(2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility,
or installation meeting the criteria of Section (1)(B) or (C) above but otherwise alters, replaces, or adds to existing process or production equipment.
(3) Construction of a new source as defined under this paragraph has commenced if the owner or operator has:
a. Begun, or caused to begin, as part of a continuous onsite construction program:
(i) any replacement, assembly, or installation of facilities or equipment; or
(ii) significant site preparation work including land clearing, excavation, or removal of e
xisting buildings, structures, or facilities which is necessary for the replacement, assembly, or installation o
f new source facilities or equipment; or
b. Entered into a binding contractual obligation for the purchase of fa
cilities or equipment which are intended to be used in its operation within a reasonable time. Options to purcha
se or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, eng
ineering, and design studies do not constitute a contractual obligation under this paragraph.
Noncontact cooling water. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
Pass through. A discharge of a pollutant from the WWF when such discharge causes a violation of any requirement of the WWF's NPDES permit, or a violation of a State or Federal water
quality standard or increases the magnitude or duration of any violation and which is the result of a user's discharge of the pollutant either alone or in conjunction with other user's
discharges of the pollutant into the WWF. A user contributes to pass through when the user:
(1)
Discharges a pollutant concentration or a daily pollutant loading in excess of that allowed by the City or by F
ederal or State law.
(2) Discharges wastewater which substantially differs in nature and constituents from the u
ser's normal average discharge;
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(3) Knows or has reason to know that its discharge, alone or in conjunction with discharges from other users, would result in pass through; or
(4) Knows or has reason to know that the WWF is, for any reason, violating its final effluent limitations in its NPDES permit and that such user's discharge either alone or in conjunction
with discharges from other users, increases the magnitude or duration of the WWF's violations.
Person. Any individual, partnership, co-partnership, firm, company, association, society, corporation, joint stock company, trust, estate, governmental entity, group, or any other
legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local entities.
Point source. The initial point of discharge into a sewer system.
pH. Logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution; a measure of the acidity or alkalinity of a solution, expressed in standard units.
Pollutant. Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive
materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, and agricultural wastes, and certain characteristics of wastewater (e.g. pH, temperature,
TSS, turbidity, color, BOD, COD, toxicity, or odor).
Pollution. The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state
prior to or in lieu
of discharging or otherwise introducing those pollutants into a WWF. The reduction or alteration can be obtained by physical, chemical, or biological processes, or process changes
or by other means, except as prohibited by 40 CFR Section 403.6(d).
Pretreatment requirements. Any substantive or procedural requirement for treating of a waste prior to inclusion in the WWF.
Pretreatment standards. National Categorical Pretreatment Standards or alternative discharge limits, whichever is applicable.
Prohibited discharge standards or prohibited discharges. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 26-142.
Properly shredded garbage. The wastes from the preparation, cooking, and dispensing of food that have been shredded to a degree that all particles will be carried freely under the
flow conditions normally prevailing in public sewers, with no particle greater than 1/2-inch (1.27 centimeters) in any dimension.
Public sewer. A sewer in which all owners of abutting properties have equal rights, and which is controlled by public authority.
Publicly owned treatment works (POTW). In this case, the regional treatment plant operated by the South Central Regional Wastewater Treatment and Disposal Board, and the collection
sewer system owned and operated separately by the Cities of Delray and Boynton Beach. (Also see Wastewater Facility—WWF.)
Regional treatment facilities. The South Central Regional Wastewater Treatment Plant transmission and disposal facilities as operated by the South Central Regional Wastewater Treatment
and Disposal Board of Palm Beach County, Florida.
Replacement. Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the service life of the treatment process facilities to maintain
the capacity and performance for which those facilities were designed and constructed.
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Sanitary sewage. The household and toilet wastes resulting from human occupancy.
Sanitary sewer. A sewer which carries sewage and to which storm, surface, and ground water are not intentionally admitted.
Septic tank waste. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
Sewage. A combination of the water carried wastes from residences, business buildings, institutions, and industrial establishments, together with ground, surface, and stormwater that
may be present.
Sewage works. All facilities for collecting, pumping, treating, and disposing of wastewater including the WWF.
Sewer. A pipe or conduit for carrying sewage.
Shall is mandatory; May is permissive.
Significant industrial user.
(1) A user subject to categorical pretreatment standards; or
(2) A user that:
a. Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);
b. Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
c. Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.
(3) Upon a finding that a user meeting the criteria in Subsection (2) of this definition has no
reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or
requirement, the City may at any time, on its own initiative or in response to a petition received from a user,
and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a si
gnificant industrial user.
Significant non-compliance. Means that violations of this chapter by a user subject to pretreatment standards meet one or more of the following criteria:
(1) Chronic violation: 66% or more of all measurements taken for the same pollut
ant during a six-month period exceeded (by any magnitude) the applicable daily maximum limit or the applicable a
verage limit;
(2) Technical review criteria (TRC) violation: 33% or more of all measurements taken for the same
pollutant during a six-month period equaled or exceeded the product of the daily average maximum limit or the a
verage limit times the applicable TRC. (For categorical pretreatment limitations the TRC equals 1.4 for BOD, TSS
and Oil and Grease; and 1.2 for all other pollutants except pH);
(3) An effluent violation caused interference
or pass through or endangered the health of City personnel or the general public;
(4) A discharge caused immin
ent endangerment to human health, welfare or to the environment and resulted in the City exercising its emergenc
y authority under Section 26-147;
(5) Failure to meet a compliance schedule milestone date within ninety (90) da
ys or more after the scheduled date;
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(6) Failure to submit a required report within thirty (30) days of its due date;
(7) Failure to accurately report non-compliance; or
(8) Any other violation or group of violations which the Director determines may cause interference or pass through or will adversely affect implementation of the City's pretreatment
program.
Significant violation. A violation that remains uncorrected 45 days after notification of non-compliance; which is part of a pattern of non-compliance over a twelve-month period; which
involves a failure to accurately report non-compliance; or which resulted in the WWF exercising its emergency authority under Section 403.8 (F)(1)(vi)(B) of the Act.
Slug. Any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen
(15) minutes more than five (5) times the average 24-hour concentration of flows during normal operation.
Standard industrial classification (SIC). Classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management
and Budget, as amended.
State. State of Florida.
Storm drain or storm sewer. A sewer that carries stormwater and surface water, street wash, and other wash waters or drainage, but excludes domestic wastewater and industrial and commercial
waste.
Stormwater. Any flow occurring during or following any form of natural precipitation and resulting therefrom.
Superintendent. The person designated by the WWF to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this
chapter, or his duly authorized representative.
Surcharge. An extra charge levied to a user for treatment of compatible wastewaters that contain substances in excess of specified maximum allowable limits.
Suspended solids. Solids that are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering.
Toxic pollutant. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision
of CWA 307(a) or other acts.
Treatment plant. That portion of regional treatment facilities designed to provide treatment to wastewater and is operated by the South Central Regional Wastewater Treatment and Disposal
Board.
Treatment works. The wastewater treatment plant, interceptors, force mains, lift stations, and collection systems.
User. Any person who contributes, causes, or permits the contribution of wastewater into the WWF.
User charge or user fee. A charge levied on the users of the treatment process facilities for the cost of operation and maintenance of those facilities and other equitable and necessary
charges.
Wastewater. The liquid and water carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated,
which is contributed into or permitted to enter the WWF.
Wastewater facility (WWF). Any or all of the following: the collection/transmission system, the treatment plant, and the reuse or disposal system.
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Wastewater treatment plant. Any arrangement of devices and structures used for treating wastewater, such as the WWF.
Watercourse. A channel in which a flow of water occurs, either continuously or intermittently.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
Sec. 26-116. Compliance with provisions or more stringent regulations.
(a) The use of public sanitary sewers shall be as outlined in this chapter or through other regulations as may be promulgated by the city or the WWF under the authority of this chapter.
(b) No statement contained in this chapter shall be construed to interfere with any additional requirements that may be imposed by health agencies.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
Sec. 26-117. Disposal of sewage other than through regional facilities.
(a) The disposal of sewage by means other than use of the available regional wastewater facilities shall be in accordance with city, county, state, and federal law.
(b) The disposal of sewage to the WWF shall be as outlined in this chapter and shall be subject to standards which meet or exceed the city industrial and commercial waste ordinance
requirements as they shall exist from time-to-time.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
Sec. 26-118. Right to refuse waste upon noncompliance.
The city shall have the right to refuse waste from any user where wastewater does not comply with this chapter.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
Sec. 26-119. Depositing objectionable wastes on public and private property.
It shall be unlawful for any person to place, deposit, or permit to be deposited, in any unsanitary manner on public or private property within the city, or in any area under the jurisdiction
of the city, any human excrement, garbage, or other objectionable waste.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
Penalty, see Sec. 26-177
Sec. 26-120. Discharging into natural outlets.
It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sewage or other polluted waters, except where suitable
treatment has been provided in accordance with subsequent provisions of this chapter.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177
Sec. 26-121. Privies, septic tanks, and other facilities.
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177
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30 Boynton Beach Code
Sec. 26-122. Suitable toilet facilities.
The owners of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes situated within the city and abutting on any street, alley, or
right-of-way in which there is now located or may in the future be located a public sanitary sewer of the city are required, at their expense, to install suitable toilet facilities therein,
and to connect those facilities directly with the proper public sewer, in accordance with applicable state and county regulations, within ninety (90) days after date of official notice
to do so.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177
Sec. 26-123. Discharge prohibited in storm sewer system.
Under no condition shall the discharge of domestic, sanitary, industrial, or commercial waste be permitted into the storm sewer system.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177
Sec. 26-124. Damaging or tampering with sewage works.
No person shall break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the sewage works.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177
Subdivision B. Private Sewage Disposal System
Sec. 26-125. Connecting building sewer to private sewage disposal system.
Where a public, sanitary, or combined sewer is not available under the provisions of Section 26-122,
the building sewer shall be connected to a private sewage disposal system complying with the provisions of this subchapter.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
Sec. 26-126. Written permit to be obtained, application, inspection fee.
Before the commencement of construction of a private sewage disposal system, the owner shall obtain a written permit signed by the Authorized City Official. The application for the
permit shall be made on a form furnished by the city which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the Authorized
City Official. A permit and inspection fee of $50 shall be paid to the city at the time the application is filed.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177
Sec. 26-127. County to inspect installations.
A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the county. The county shall be allowed to inspect
the work at any stage of construction, and, in any event, the applicant for the permit shall notify the county when the work is ready for final inspection and before any underground
portions are covered.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
Sec. 26-128. Compliance with state department of environmental protection and other current regulations.
The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the State Department of Environmental Protection. No permit
shall be issued for any private sewage disposal system employing subsurface soil absorption facilities unless it conforms
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Water, Sewers and City Utilities 31
to all current regulations. No septic tanks or cesspool shall be permitted to discharge to any natural outlet.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177
Sec. 26-129. Connecting private sewage disposal system to public sewer.
At a time when a public sewer becomes available to a property served by a private sewage disposal system, as provided herein, a direct connection shall be made to the public sewer in
compliance with this chapter, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
Sec. 26-130. Maintenance of private sewage disposal facilities.
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177
Subdivision C. Installations and Connections
Sec. 26-131. Written permit required for use of public sewer; application; fee.
(a) No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written
permit from the city.
(b) The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the city. A permit and inspection fee shall
be paid to
the city at the time the application is filed. The permit fee for those establishments discharging industrial wastewater is further explained in this chapter.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177
Sec. 26-132. Costs and expense of installation and connection of building sewer; indemnificatio
n.
All costs and expense incidental to the installation and connection of the building sewer shall be borne by the owner or user. The owner and user shall indemnify the city from any
loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
Sec. 26-133. Separate building sewer provided for every building.
A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available
or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the
whole considered as one building sewer.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177
Sec. 26-134. Use of old building sewers with new buildings.
Old building sewers may be used in connection with new buildings only when they are found, on examination and tested by the Building Official, to meet all requirements of this chapter.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
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32 Boynton Beach Code
Sec. 26-135. Building sewer specifications.
(a) The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, joining, testing, and backfilling the trench,
shall all conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the city. In the absence of code provisions, or in amplification
thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WEF Manual of Practice No. 9, as same may be amended from time-to-time, shall apply.
(b) All connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Building Department before installation.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
Sec. 26-136. Gravity flow of building drain to public sewer.
Whenever possible, the building sewer shall be brought to the building at any elevation below the basement floor. In all buildings in which any building drain is too low to permit
gravity flow to the public sewer, sanitary sewage carried by that building drain shall be lifted by an approved means and discharged to the building sewer.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
Sec. 26-137. Surface runoff or groundwater.
No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or any other connected appurtenances, or other sources of surface runoff or groundwater
to a building sewer or building drain which, in turn, is connected directly or indirectly to a public sanitary sewer.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177
Sec. 26-138. Inspection of connection to public sewer.
The applicant for the building sewer permit shall notify the city when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under
the supervision of the city officials or city representatives.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
Sec. 26-139. Barricades and lights around sewer excavations.
All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other
public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177
Subdivision D. Use of Public Sewers
Sec. 26-140. Wastes discharged into sanitary sewers t
o meet criteria.
All waste discharged to public sanitary sewers, which in turn discharge to the regional treatment facilities (WWF), shall meet or exceed the following criteria of this subchapter.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
Sec. 26-141. Discharge of stormwater and other unpolluted drainage.
(a) No person shall discharge or cause to be discharged any stormwater, surface water, ground water, uncontaminated cooling water or unpolluted industrial process waters to the sanitary
sewer.
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Water, Sewers and City Utilities 33
(b) Stormwater and all other unpolluted drainage shall be discharged to those sewers as are specifically designated as storm sewers, or to a natural outlet approved by the proper city
or county official. Industrial cooling water or unpolluted process waters may be discharged on approval of the Utilities Director to a storm sewer or natural outlet.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177
Sec. 26-142. Prohibited discharges to sewers.
No person shall discharge or cause to be discharged any of the following described waters or wastes to any sanitary sewers:
(a) Flammable or explosive liquids, solids, or gases, including, but not limited to, gasoline, benzene, naptha, fuel oil, or other materials with a closed-cup flashpoint of less than
140o F. (60o C.) using the test methods specified in 40 CFR 261.21.
(b) Pollutants having a pH of less than 5.0, or greater than 9.5, or otherwise causing corrosive damage to the WWF or its equipment.
(c) Pollutants, including oxygen-demanding pollutants (BOD, etc.) released at a flow rate and/or concentration which, either singly or by interaction with other pollutants, will cause
interference with the WWF.
(d) Any liquid having a temperature higher than 150o F. or causing the wastewater treatment plant influent to exceed 104o F.
(e) Any water or waste containing petroleum oils, mineral oils, or non-biodegradable cutting oils in amounts that will cause interference or pass through, or any fats, wax, grease, or
other oils, whether emulsified or not, in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at temperatures between 32o F. and 150o F.
(Oo C. and 60o C.).
(f) Pollutants which result in the presence of toxic gases, vapors, or fumes within the WWF in qu
antities that may cause acute worker health or safety problems.
(g) Any trucked or hauled wastes, except at
discharge points designated by the Director. Industrial waste haulers may discharge loads only at locations
designated by the Director. No load may be discharged without prior consent of the Director. The Director ma
y collect samples of each hauled load to ensure compliance with applicable standards. The Director may requi
re the industrial waste hauler to provide a waste analysis of any load prior to discharge.
(h) Any water or
wastes containing toxic or poisonous or pathogenic solids, liquids, or gases in sufficient quantity, either
singly or by interaction with other wastes, to injure or interfere with any wastewater treatment process, co
nstitute a hazard to humans or animals, create a public nuisance or an acute health or safety hazard, interf
ere with the ability to repair or maintain the WWF, or create any hazard in the receiving waters of the wast
ewater treatment plant.
(i) Solid or viscous substances in quantities or of a size capable of causing obstr
uction to the flow in sewers, or other interference with the proper operation of the sewage works such as, b
ut not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics,
wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes, cups, milk c
ontainers, and the like, either whole or ground by garbage grinders. Penalties, see Sec. 26-177
(j) Wastes w
hich impart color which cannot be removed by the treatment process, such as, but not limited to, dye wastes
and vegetable tanning solutions, which consistently impart color to the treatment plant's effluent.
1999 S-11
34 Boynton Beach Code
(k) Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations.
(l) Sludges, screenings, or other residues from the pretreatment of industrial wastes.
(m) Medical wastes, except as specifically authorized by the Director.
(n) Wastes causing, either alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test.
(o) Detergents, surface active agents, or other substances which may cause excessive foaming in the WWF.
Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the WWF. Except where expressly
authorized by an applicable pretreatment standard or requirement, no user shall ever increase the use of process water, or in any other way attempt to dilute a discharge as a partial
or complete substitute for adequate treatment to achieve compliance with a pretreatment standard or requirement. The City may impose mass limitations on users that are using dilution
to meet applicable pretreatment standards or requirements.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
Sec. 26-143. Discharge of certain wastes restricted.
No person shall discharge or cause to be discharged, the below described materials, waters, or wastes (collectively, the substances) if it appears likely that acceptance of those wastes
can harm the wastewater treatment process or equipment, the public sewers, the sanitary sewer systems, or have an adverse effect on the receiving water body, or can otherwise endanger
life, limb, public property, or constitute a nuisance. The decision shall be based on those factors as the quantities subject wastes in
2002 S-17
relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the wastewater treatment process, capacity of the wastewater treatment plant, degree
of treatability of waste in the wastewater treatment plant, and other pertinent factors. The substances restricted are:
(a) Any liquid having a temperature higher tha
n 150o F. or causing the wastewater treatment plant influent to exceed 104o F.
(b) Any water or waste containin
g fats, wax, grease, or oils, whether emulsified or not, in excess of 100 milligrams per liter or containing sub
stances which may solidify or become viscous at temperatures between 32o F. and 150o F. (0o C. and 60o C.).
(c)
Any waters or wastes containing strong acid, iron, pickling wastes, or concentrated plating solutions whether ne
utralized or not.
(d) Any waters or wastes containing phenols or other taste or odor producing substances, in a
concentration exceeding limits which may be established by the POTW as necessary after treatment of the composi
te sewage to meet the requirements of the state, federal, or other public agencies of jurisdiction for that disc
harge to the receiving waters.
(e) Any garbage that has not been properly shredded, which shall mean particles
in size no greater than 1/2 inches measured in any dimension.
(f) Any water or wastes having a pH lower than 5.5
or higher than 9.5 or having any other corrosive property capable of causing damage or hazard to structure, equ
ipment, or personnel or any waste treatment works.
(g) Any waste containing restricted substances in quantities
in excess of the following limits, measured at the point of discharge into any sewer system, or any substance t
hat will pass through the waste treatment
Water, Sewers and City Utilities 35
facilities and exceed the local limits as adopted by the South Central Regional Wastewater Treatment and Disposal Board as contained in the Interlocal Agreement entered into between
the City of Boynton Beach and the City of Delray Beach. Such local limits are incorporated herein by reference.
(h) Any waste from sodium-cycle action exchange (water softening) units from industrial or commercial users where the chloride content exceeds 600 milligrams per liter.
(i) Any water or waste containing suspended solids or color of a character and quantity that unusual attention or expense is required to handle those materials at the waste treatment
facilities without a special permit issued by the city.
(j) Any water or waste with a chlorine demand greater than 15 milligrams per liter.
(k) Any radioactive wastes or isotopes or half-life or concentration as may exceed limits established by the POTW in compliance with applicable state or federal regulations.
(l) Volume of flow or concentration of wastes constituting a slug as defined in Section 26-115.
(m) Any waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to
that degree that the wastewater treatment plant effluent cannot meet the requirement of other agencies having jurisdiction over discharge to the receiving waters.
(n) Any waters or wastes containing suspended solids in excess of 175 milligrams per liter unless t
he user is approved by the city and provided further that the user complies with the requirements of the city's
high strength sewer surcharge system.
2002 S-17
36 Boynton Beach Code
(o) Any waters or wastes with a five-day, 20o C. B.O.D. greater than 220 milligrams per liter unless the user is approved by the city and provided further that the user complies with
the requirements of the city's high strength sewer surcharge system.
(p) Any waters or wastes containing chemical oxygen demand (COD) greater than 440 mg/L unless the user is approved by the City and provided further that the user complies with the requirements
of the City's high strength sewer surcharge system.
(q) Total toxic organics as defined in 40 CFR, Part 413.03[c] are not to exceed 5.0 mg/l, with no one parameter over 1.0 mg/l.
(r) Any waters or wastes with an ammonia nitrogen content greater than 50 milligrams per liter unless the user is approved by the city and provided further that the user complies with
the requirements of the city's high strength sewer surcharge system.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99; Am. Ord. No. 01-58, § 2, 12-4-01) Penalty, see Sec. 26-177
Sec. 26-144. Pretreatment, equalization of waste flows.
(a) If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section
26-143, and which, in the judgment of the Utilities Director, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create
a hazard to life or constitute a public nuisance, the Utility Director may:
(1) Reject the wastes.
(2) Require pretreatment to an acceptable condition for discharge to the public sewers.
(3) Require control over the quantities and rates of discharge.
(4) Require payment to cover the added cost of handling and treating the wastes not covered by exis
ting fees or sewer charges as contained in the strength charge system.
(b) If the WWF permits the pretreatment or equalization of waste flows, the plans for the design and installation of the equipment shall be subject to the review and approval of the
WWF and the city and subject to the requirements of applicable codes, ordinances, laws, and compliance schedules as established by the city. In addition, any major contributing industry
as defined by 40 CFR 403 shall comply with 40 CFR 403.12 and any other regulation as shall from time-to-time be established by EPA or other appropriate regulating governmental agency.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
Sec. 26-145. Interceptors.
Grease, oil, hair, lint and sand interceptors are to be provided when, in the opinion of the Utilities Director, they are necessary for the proper handling of liquid wastes containing
grease in excessive amounts or any flammable wastes, sand, or other harmful ingredients; except that those interceptors shall not be required for private living quarters or dwelling
units. All interceptors shall be of a type and capacity approved by the city and shall be so located as to be readily and easily accessible for cleaning and inspection.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177
Sec. 26-146. Maintaining flow-equalizing faciliti
es and/or interceptors for preliminary treatment.
Where preliminary treatment or flow equalizing facilities and/or interceptors are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective
operation by the user at his expense. Use of solvents and/or detergents and/or soaps, and/or degreasers is restricted to those levels which do not interfere with
2002 S-17
Water, Sewers and City Utilities 37
the proper functioning of the interceptors. Interceptors like, but not limited to, grease traps, lint traps, or grit traps must have a watertight closure for their inspection covers.
The covers themselves must be of a type to conform with the plumbing codes of the City's Building Department.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177
Sec. 26-147. Admission of industrial and commercial waste.
All users of the public sewers or sanitary sewers shall recognize and comply with the following:
(a) The economy and desirability of the combined treatment of industrial and commercial wastes and sanitary sewage is recognized. However, not all types and quantities of industrial
and commercial wastes can be so treated. It shall be the policy to admit the types and quantities of industrial and commercial wastes that are not harmful or damaging to the structures,
processes, or operation of the sewage works or are not specifically prohibited. In all cases, a special permit will be issued which will state specific conditions and requirements to
be maintained. It is also recognized that to provide this service, additional facilities or treatment are required, and the cost of that must be borne by the user receiving the benefits.
(b)
(1) Approval in advance by the city is required for the anticipated admission of industrial or commercial wastes into the public sewers having:
a. A five-day, 20o C. B.O.D. greater than 220 milligrams per liter, or chemical oxygen demand (COD) greater than 440 milligrams per liter.
b. A suspended solids content greater than 175 milligrams per liter.
c. Ammonia nitrogen greater than 50 milligrams per liter.
d. An oil/grease content greate
r than 100 milligrams per liter.
e. A total toxic organic content of greater than 5 milligrams per liter, with no
one parameter over 1 milligram per liter.
(2) The user shall provide chemical analyses of the discharge according to a schedule to be established by the WWF a
nd continued discharge shall be subject to approval of the city.
(c) Samples shall be collected so as to be a re
presentative sample of the actual quality of the wastes. Samples for analysis may be collected by the user or hi
s representative. Analysis shall be made by a registered sanitary engineer or graduate chemist whose qualificati
ons are acceptable to the city or a wastewater treatment plant operator licensed and registered in the state, or
a water testing laboratory certified by the state, using the laboratory methods for the examination of wastewat
er as set forth in 40 CFR 136 and 62-625.600, FAC (also see 26-158).
(d) When required by the Utilities Director
, any establishment discharging industrial or commercial wastes into the sewer system shall construct and mainta
in at its sole expense a suitable control manhole or other suitable control station downstream from any treatmen
t, storage, or other approved works to facilitate observation, measurement, and sampling of all wastes including
all domestic sewage from the establishment. The location and methods of construction of the control station sha
ll be approved by the Utilities Director. The control station shall be maintained by the establishment so as to
be safe and accessible at all times. If any establishment wishes to meter its waste discharge into the sewer sys
tem to verify in-product water retention or other uses of metered flow, they may, at
1999 S-11
38 Boynton Beach Code
their sole expense, install a flow-metering device as approved by the Utilities Director. The control station shall be accessible to city personnel at all times for sampling. All authorized
WWF or city employees shall be permitted, upon suitable notice to the user, to enter upon all properties for the purpose of inspection, observation, measurement, sampling, and testing
in accordance with provisions of this chapter. When required, construction of those facilities shall be completed within ninety (90) days following written notification by the City.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177
Subdivision E. National Categorical Pretreatment
Standards
Sec. 26-148. Compliance.
(a) Industrial users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all national categorical pretreatment standards
within the time limitations as specified by the federal pretreatment regulations and as required by the city. Industrial users with integrated facilities shall comply with any alternative
discharge limits as set by the city. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated, and maintained solely at the user's
expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review at the request of the city. The review of those plans
and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions
of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to the city prior to the user's initiation of the changes.
(b) The categorical pretreatment standards found at 40 CFR Chapter 1, Subchapter N, Parts 405-4
71 are hereby incorporated.
(1) Where a categorical pretreatment standard is expressed only in terms of either t
he mass or the concentration of a pollutant in wastewater, the Director may impose equivalent concentration or m
ass limits in accordance with 40 CFR 403.6(C) and Rule 62-625.410(4), FAC.
(2) When wastewater subject to a cate
gorical pretreatment standard is mixed wastewater not regulated by the same standard, the Director shall impose
an alternate limit using the combined waste stream formula in 40 CFR 403.6(E) and Rule 62-625.410(6), FAC.
(3) A
user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the proc
edural and substantive provisions in 40 CFR 403.13 and Rule 62-625.700, FAC, that factors relating to its discha
rge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment
standard.
(4) A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.1
5 and Rule 62-625.820, FAC.
(c) Dilution. No user shall ever increase the use of process water, or in any way at
tempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance wi
th a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The
Director may impose mass limitations on users who are using dilution to meet applicable pretreatment standards
or requirements, or in other cases when the imposition of mass limitations is appropriate.
1999 S-11
Water, Sewers and City Utilities 39
(d) All records relating to compliance with pretreatment standards shall be available to officials of the city, the WWF, EPA, or FDEP upon request.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177
Sec. 26-149. Application of more stringent requirements; city shall notify affected users.
Upon the promulgation of the national categorical pretreatment standards or alternative discharge limits for a particular industrial subcategory, the pretreatment standard, if more
stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter and shall be considered
part of this chapter. After the city receives notice, the city shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
Sec. 26-150. City's right of revision.
The city reserves the right to establish by further ordinance or regulation more stringent limitations or requirements on discharges to the sewage works if deemed necessary to comply
with the objectives presented in this chapter.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
Sec. 26-151. Excessive discharge.
All users are prohibited from increasing the use of process water or, in any way, attempting to dilute a discharge as a partial or complete substitute for adequate treatment to achieve
compliance with the limitations contained in the national categorical pretreatment standards, alternative discharge limits, or in any other pollutant-specific limitation developed by
the city or state.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177
Sec. 26-152. Prevention of accidental discharges.
(a) A user shall provide protection from accidental discharge of restricted and prohibited materials or other substances required by this chapter. Facilities to prevent accidental
discharge of prohibited and restricted materials shall be provided and maintained at the owner's expense.
(b) Prevention of accidental discharges requires, but is not limited to, providing secondary containment for storage of potentially hazardous and/or regulated materials. The containment
requirements are those specified in, but not limited to, 40 CFR 264.170 through 176 and the Palm Beach County Wellfield Protection Ordinance 88-7 Section 5.01 through 5.04. Containment
requirements must meet or exceed the following criteria of this subchapter:
(1) Containment Volume to be prov
ided shall be in accordance with the regulations and ordinances listed and shall meet or exceed the largest of t
he volume requirements found in those regulations and ordinances.
(2) Storage Sheltering. All outdoor storage sh
all be sheltered from rainfall, or a suitable means of removing rainwater from secondary containment areas shall
be provided.
(3) Conditions of the Stored Vessel. All stored containers shall be maintained in sound condition
; no rust, corrosion, or other signs of deterioration of the primary containment wall shall be permitted. All st
ored containers shall be closed and sealed during storage.
(4) Segregation of Chemically Reactive Contents. Mat
erials which are potentially reactive with each other shall not be stored in the same containment area, unless p
hysical barrier separations are provided within the common area.
(5) Stand-by Materials/Equipment. Absorbents a
nd pumps for pumping out spills shall be available when needed.
1999 S-11
40 Boynton Beach Code
(6) Design of Containment Floor/Base. The floor or base of the containment area on which the stored vessels rest shall either be sloped or raised or provided with a drain faucet to
prevent or minimize contact between the storage container wall and spilled content.
(7) Materials of Construction for Containment. The walls, sidings, and floor or base of the containment area shall be constructed of materials which are chemically inert with the stored
materials and which render the provided containment volume leak proof.
(c) On the request of the city, the user shall be required to submit detailed plans showing facilities and operating procedures to provide this protection. All required users shall
complete this plan within ninety (90) days after notification by the city. If further required by the city, a user who commences contribution to the public sewers after the effective
date of this chapter shall not be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the city. Review and approval of those
plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements.
(d) In the case of an accidental discharge, it is the responsibility of the user to immediately notify by telephone, the Utilities Director, the Executive Director of the WWF, and the
WWF. The notification shall include location of discharge, type of waste, concentration and volume, and correction actions.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177
Sec. 26-153. Written report required describing cause of discharge.
Within five (5) days following an accidental discharge, the user shall submit to the WWF and the city a written report describing the cause of the discharge and the measures to be taken
to prevent similar future occurrences. The notification shall not
relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the public/sanitary sewer system, the sanitary sewer system, the WWF,
fish kills, or any other damage to person or property; nor shall the notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this chapter
or other applicable law.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177
Sec. 26-154. Notice to employees in event of dangerous discharge; emergency notificat
ion procedure.
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees of whom to call, in the event of a dangerous discharge. Furthermore, all
employers shall ensure that all employees who may cause a dangerous discharge to occur are advised of the emergency notification procedure.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177
Sec. 26-155. Notification of the discharge of hazardous waste.
(a) Any industrial user who commences the discharge of hazardous waste shall notify the Director of Utilities, the Executive Director of the WWF, the EPA Regional Waste Management Division
Director, and the State hazardous waste authorities in writing of any discharge into the City Sewer System of a substance which is a listed or characteristic hazardous waste under Section
3001 of RCRA or 40 CFR part 261. Such notification must include a description of any such wastes discharged, the name of the hazardous waste as set forth in 40 CFR part 261, the EPA
hazardous waste number, the volume, concentration, and mass of such wastes, the type of discharge (continuous, batch, or other), and an estimate of the volume of hazardous wastes expected
to be discharged during the following twelve months.
1999 S-11
Water, Sewers and City Utilities 41
Any notification under this paragraph need be submitted only once for each hazardous waste discharged. This requirement shall not apply to pollutants already reported under the self-monitoring
requirements.
(b) Dischargers are exempt from the requirements of paragraph (a) above during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes
are acute hazardous wastes as specified in 40 CFR Part 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of non-acute hazardous waste in a calendar month, or any quantity
of acute hazardous waste, requires a one-time notification. Subsequent months during which the industrial user discharges more than 15 kilograms of hazardous waste do not require additional
notification, except for the acute hazardous wastes specified in 40 CFR 261.30(d) and 261.33(e).
(c) In the case of new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the
industrial user must notify the Utilities Director, the Executive Director of the WWF, the EPA Regional Waste Management Division Director, and the State hazardous waste authorities
of the discharge of such substance within 90 days of the effective date of such regulations, except for the exemption in paragraph (b) of this section.
(d) In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of wastes generated to
the degree it has determined to be economically practicable and that it has selected the method of treatment, storage, or disposal currently available which minimizes the present and
future threat to human health and the environment.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177
Subdivision F. Reporting, Inspections, and
Monitoring
Sec. 26-156. Compliance date report.
Within thirty (30) days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of
wastewater into the public/sanitary sewer system, the user shall submit to the Utilities Director, a monitoring 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 those pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards and requirements are being met on a consistent
basis and, if not, what additional pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed
by an authorized representative of the industrial user.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
Sec. 26-157. Periodic compliance report.
(a) Each significant user and/or permittee shall submit to the city during the months of May and November, unless required more frequently in the pretreatment standard or by the city,
a report indicating the nature and concentration of pollutants in the effluent which are limited by those pretreatment standards or this chapter. In addition, this report shall include
a record of daily water consumption which, during the reporting period, exceeded the average daily water consumption reported in the submission information. At the discretion of the
city and in consideration of those factors as local high or low flow rates, holidays, budget cycles, and the like, the city may agree to alter the months during which the above reports
are to be submitted. The user shall be responsible to quantify that fraction of daily water consumption designated for discharge to the sanitary sewer, if different from the total water
consumption.
1999 S-11
42 Boynton Beach Code
(b) Reports of Changed Conditions. Each user must notify the Director of any planned significant changes to the user's operations or system which might alter the nature, quality, or
volume of its wastewater at least 30 days before the change.
(1) The Director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission under Section 26-161.
(2) The Director may issue a wastewater discharge permit under Section 26-160 or modify an existing wastewater discharge permit under Section 26-160 in response to changed conditions
or anticipated changed conditions.
(c) For purpose of this requirement, significant changes include, but are not limited to, flow 20% percent or greater, and the discharge of any previously unreported pollutants.
(1) Reports of Potential Problems.
a. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load,
that may cause potential problems for the WWF, the user shall immediately telephone and notify the of the incident. This notification shall include the location of the discharge, type
of waste, concentration and volume, if known, and corrective actions taken by the user.
b. Within five (5) days following such discharge, the user shall, unless waived in writing by the Director, submit a detailed written report describing the cause(s) of the discharge
and the measures to taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may
be incurred as a result
of damage to the POTW, natural resources, or any other damage to person or property; nor shall
such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to
this chapter.
c. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a
discharge described in a paragraph (A), above. Employee shall ensure that all employees, who may cause such a d
ischarge to occur, are advised of the emergency notification procedure.
(d) Report from Unpermitted Users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Director as required.
(e) Timing. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United
States Postal Service, the date of receipt of the report shall govern.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
Sec. 26-158. Inspection and sampling.
(a) The city, through its employees, is authorized to inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being
complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city or its representative ready access at all reasonable times to all parts
of the premises for the purposes of inspection, sampling, records examination, records copying, or in the performance of their duties. The city, WWF, state DEP, and EPA shall have the
right to set up on the user's property those devices as are necessary to conduct sampling inspection, compliance monitoring, or metering operations. Where a user has security measures
in force which would require proper identification and clearance before entry into
1999 S-11
Water, Sewers and City Utilities 43
their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the city, WWF, DEP, and EPA
will be permitted to enter, without delay, for the purposes of performing their specific responsibilities (also see Section 26-168). Penalty, see Sec. 26-177
(b) The user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is not feasible, the Director may authorize
the use of time proportional sampling or a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged.
In addition, grab samples may be required to show compliance with instantaneous discharge limits. Exceptions to flow proportional sampling are samples for oil and grease, temperature,
pH, cyanide, phenols, sulfides, and volatile organic compounds, which must be obtained using grab collection techniques.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
Sec. 26-159. Information and data to be made available.
(a) Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs, and from inspections shall be available to the public
or other governmental agency in accordance with applicable state statutes or federal law. All reports submitted to the city shall be signed by an authorized official and contain the
following certification statement:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility
fines and imprisonment for knowing violations."
(b) Information and data obtained from reports, surveys, permit applications, permits, monitoring requirements, and inspection and sampling activities shall be made available to the
public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Director, that the release of such information would divulge
information, processes, or methods of production entitled to protection as trade secrets under applicable State law. Any such request must be asserted at the time of submission of the
information or data.
(c) When requested and demonstrated by the user furnishing that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes
shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment
program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other “effluent data” as defined by 40 CFR 2.302
will not be recognized as confidential information and will be made available to the public without restriction. A copy of the procedure for handling confidential information will be
kept on file at the WWF.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
Subdivision G. Waste Discharge Permits
Sec. 26-160. Special permit required; term.
A special permit will be required for each Significant Industrial User, and all other Industrial Users identified as having other than domestic wastes or waste from sanitary conveniences
at the discretion of the Utilities Director. The fixed life of a permit is
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44 Boynton Beach Code
set up to five years from date of issue, and a renewed waste discharge permit will have a fixed life of up to five years. These permits may involve the implementation of a formula for
surcharge for wastes which exceed the sewage parameters for strength as set forth in Sections 26-162 through 26-165. Permits shall not be transferred, conveyed, assigned, or sold.
Penalties, see Sec. 26-177
(a) Wastewater Analysis. When requested by the Director, a user must submit information on the nature and characteristics of its wastewater within sixty (60) days of the request.
The Director is authorized to prepare a form for this purpose and may periodically require users to update this information.
(b) Wastewater Discharge Permit Requirement.
(1) No significant industrial user shall discharge wastewater into the WWF without first obtaining a wastewater discharge permit from the Director, except that a significant industrial
user that has filed a timely application pursuant to section (c) of this section may continue to discharge for the time period specified therein.
(2) The Director may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter.
(3) Any violation of the terms and conditions of a waste water discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions
set out in Section 26-177. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements
or with any other requirements of Federal, State, and local law.
(c) Wastewater Discharge Permitting: Existing Connections. Any user required to obtain a wastewater discharge permit who was discharging waste water into the WWF prior to the effective
date of this ordinance and who wishes to continue such discharges in the future, shall, within thirty (30) days after said date, apply to the Director for a wastewater discharge permit
in accordance with Section 26-161, and shall not cause or allow discharges to the WWF to continue after thirty (30) days the effective date of this ordinance except in accordance with
a wastewater discharge permit issued by the Director.
(d) Wastewater Discharge Permitting: New Connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the WWF must obtain
such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with Section 26-161, must be filed at least
thirty (30) days prior to the date upon which any discharge will begin or recommence.
(e) Wastewater Discharge Permit Duration. A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit.
A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Director. Each wastewater discharge permit will indicate a specific date
upon which it will expire.
(f) Wastewater Discharge Permit Contents. A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Director to prevent pass through or
interference, protect the quality of the water body receiving the treatment plant's effluent, protect against damage to the WWF. Wastewater discharge permits must contain:
(1) A state
ment that indicates wastewater discharge permit duration, which in no event shall exceed (5) five years.
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(2) A statement that the wastewater discharge permit is nontransferable without prior notification to the City of Boynton Beach in accordance with paragraph (c) of this section, and
provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(3) Effluent limits based on applicable pretreatment standards;
(4) Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location,
sampling frequency, and sample type based on Federal, State, and local law; and
(5) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend
the time for compliance beyond that required by applicable Federal, State, or local law.
Wastewater discharge permits may contain, but need not be limited to, the following conditions:
(6) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
(7) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the
introduction of pollutants into the treatment works;
(8) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental,
unanticipated, or nonroutine discharges;
(9) Development and implementation of waste minimization plans to reduce the amount of pollutant
s discharged to the WWF;
(10) The unit charge or schedule of user charges and fees for the management of the was
tewater discharged to the WWF,
(11) Requirements for installation and maintenance of inspection and sampling fac
ilities and equipment;
(12) A statement that compliance with the wastewater discharge permit does not relieve th
e permittee of responsibility for compliance with all applicable Federal and State pretreatment standards, inclu
ding those which become effective during the term of the wastewater discharge permit; and
(13) Other conditions
as deemed appropriate by the Director to ensure compliance with the ordinance, and State and Federal laws, rules
, and regulations.
(g) Wastewater discharge permit modification. The Director may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(1) To incorporate any new or revised Federal, State, or Local pretreatment standards or
requirements.
(2) To address significant alterations or additions to the user's operation, process, or wastewat
er volume or character since the time of wastewater discharge permit issuance;
(3) A change in the WWF that requ
ires either a temporary or permanent reduction or elimination of the authorized discharge;
(4) Information indic
ating that the permitted discharge poses a threat to the City of Boynton Beach WWF, City personnel, or the recei
ving waters;
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(5) Violation of any terms or conditions of the wastewater discharge permit;
(6) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
(7) Revisions of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;
(8) To correct typographical or others errors in the wastewater discharge permit; or
(9) To reflect a transfer of the facility ownership to a new owner or operator.
(h) Wastewater discharge permit transfer. Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least thirty (30) days advance notice
to the Director and the Director approves the wastewater discharge permit transfer. The notice to the Director must include a written certification by the new owner or operator which:
(1) States that the new owner and /or operator has no immediate intent to change the facility's operations and processes;
(2) Identifies the specific dates on which the transfer is to occur; and
(3) Acknowledges full responsibility for complying with the existing wastewater discharge permit.
Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.
(i) Wastewater discharge permit reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit
application, in accordance with Section 26-161, a
minimum of thirty (30) days prior to the expiration of the user's existing wastewater discharge permit.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
Sec. 26-161. Application for permits; contents.
(a) Contents of Application. All users required to obtain a wastewater discharge permit must submit a permit application. The Director may require all users to submit as part of an
application the following information:
(1) All information required by Section
26-156;
(2) Description of activities, facilities, and plant processes on the premises, including a list of all
raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be
discharged to the WWF;
(3) Number and type of employees, hours of operation, and proposed or actual hours of op
eration;
(4) Each product produced by type, amount, process or processes, and rate of production;
(5) Type and a
mount of raw materials processed (average and maximum per day);
(6) Site plans, floor plans, mechanical and plum
bing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, an
d all points of discharge;
(7) Time and duration of discharges; and
(8) Any other information as may be deemed n
ecessary by the Director to evaluate the wastewater discharge permit application.
Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
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(b) This application will define all of the pertinent data concerning the acceptance of industrial and commercial waste flows and will provide the basis for the issuing of a permit
certificate specifying limitations on what the user may discharge. The Permittee may appeal specific conditions of the permit for a period of 30 calendar days following the date of
issuance. After this period, the Permittee waives all right to appeal the conditions of the permit.
(c) The initial permit shall be effective for a period of up to five years from date of issuance and must be renewed annually by the applicant in order to continue that waste discharge.
(d) An application for an initial permit shall be accompanied by a cashier's check for the first year's fees in the amount of $500 plus the City's monitoring costs as prescribed by
40 CFR 403.
(1) Industrial and commercial waste discharge permit form. The form of permit for industrial and commercial wastes shall be as specified by the city. Specific provisions for continued
acceptance by the city of the waste shall be attached to and made a part of the permit to discharge. The city may prescribe those items as equalized flow discharge, prechlorination,
or additional limitations on waste characteristics not adequately described in this ordinance or may prescribe pretreatment quality, requirements for the waste flow in detail.
(2) Renewal of industrial and commercial waste discharge permit. The application for a renewed waste discharge permit shall be of a form specified by the city.
(e) Application signatories and certification. All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain
the following certification statement:
“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons, who manage the system, information submitted is, to the best of my knowledge
and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing
violations.”
(f) Wastewater discharge permit decisions. The Director will evaluate the date furnished by the user and may require additional information. Within thirty (30) days of receipt of
a complete wastewater discharge permit application, the Director will determine whether or not to issue a wastewater discharge permit. The Director may deny any application for a wastewater
discharge permit.
(g) Administration of permits.
(1) The administration of the
industrial and commercial waste discharge permit program and the application of the surcharge formula imposes ad
ditional obligations of the cities.
(2) The city, in addition to determining the waste flow volumes and analyzin
g the waste strengths for development of the surcharge, must also maintain an accurate record of the permit appl
ications, permits, meter installation details, meter calibrations, and shall make available to each establishmen
t the necessary renewal application forms.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
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Subdivision H. User Charge and Industrial Cost
Recovery System
Sec. 26-162. User charges; wholesale sewer rates; calculation of sewer surcharge.
(a) There is imposed upon the owners or upon the users of each retail and wholesale customer served by the sewer system, a monthly user charge for the use thereof as follows:
(1) Sewer rates. A charge for waste resulting from human occupancy which shall include all of the following factors for the operation of the collection system and treatment of wastewater
by the regional wastewater facility:
a. Operation and maintenance;
b. Debt service;
c. Capital costs;
d. System expansion;
e. Others as applicable
Consult the Water/Sewer Billing Department for the prevailing rates expressed as $/1,000 gallons of water consumption.
(2) Sewer surcharge. A surcharge for waste in excess of the parameters for strength established in the industrial and commercial waste ordinance, and set forth in Section 26-162(2)
which may be assessed to applicable customers.
(b) Wholesale sewer rates.
(1) This section is applicable to those wholesale customers which maintain their own wastewater collec
tion systems. They shall be charged a flat rate per 1,000 gallons, the quantity of which shall be determined by
the metering of the wastewater discharge from each wholesale customer's individual wastewater collection system.
(2) The metering device shall be satisfactory to the city and shall provide for a separate remote 30-day recor
ding device which shall have a totalizer. Location of the metering device shall be at an accessible location as
agreed upon by the parties involved and as further explained and stipulated in an agreement to be executed by bo
th parties.
(3) All costs incident to the furnishing, installation, initial calibration, and maintenance on a c
ontinuing basis of the meter, are and shall be, the wholesale customer's responsibility. The wholesale customer
will provide to the city or its designated representative full details on the proposed meter installation and as
surance that the installation will commence only upon the written authorization of the city. The city shall prov
ide an authorization within ten (10) days after receipt by the city of the details of the above proposed meter i
nstallation.
(4) The meter shall be read monthly by a duly authorized agent of the city, and the wholesale cust
omer shall provide access to the meter for this purpose. In the event of suspected inaccuracy in meter readings,
the city shall have the right to request that the meter be tested by an independent organization in accordance
with standard practices. If the meter shall be found inaccurate or defective, the cost of the meter test shall b
e borne by the wholesale customer. If the meter shall be found to be accurate and in good condition, the cost of
the meter test shall be borne by the city.
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(5) In the event of extenuating circumstances, the Commission may, at its discretion, direct that sufficient proof other than the installation of a metering device may be acceptable
to determine the quantity of wastewater discharge.
(c) Calculation of sewer surcharge.
(1) Calculation of the sewer surcharge shall be in accordance with the following:
Allowable
Percent Level of
of Effect Sewage
Parameter on Costs Strength
BOD-5 41 220 mg/l (ppm)
TSS 15 175 “ ”
Ammonia 41 50 “ ”
COD 41 440 “ ”
Let:
F = F1 + F2 + F3
Where:
F = The factor to multiply the sewer rate for a surcharge due to excess strengths.
F1 = The strength factor for BOD-5 or COD, whichever is higher.
F2 = The strength factor for TSS (total suspended solids)
F3 = The strength factor for ammonia (total ammonia)
(2) The surcharge will be added to the sewer rate to develop the monthly cost per customer. As an example of sewer charge calculations utilizing sewer rate and the strength surcharge
formula, assume the following with respect to Ajax Manufacturing Company: total monthly flow of 100,000 gallons; COD of 600 mg/l; BOD5 of 500 milligrams per liter; total suspended solids
of 900 milligrams per liter; Ammonia at 100 mg/l; Prevailing monthly sewer rate is $1.52 per 1,000 gallons.
i. Sewer rate:
$1.52/1000 gallons (100,000 gallons/month) = $152/m
onth
ii. Sewer surcharge calculation:
F1 = 0.41 (500-220) = 0.52
220
F2 = 0.15 (900-175) = 0.62
175
F3 = 0.41 (100-50) = 0.41
50
F = 0.52 + 0.62 + 0.41 = 1.55
iii. Total monthly charge (sewer rate plus surcharge):
$152/month + $152/month( 1.55) = $ 387.60
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
Sec. 26-163. Application of surcharge over standard use fee.
(a) A surcharge shall be applied over and above the standard sewer use fee when the wastes from any lot or parcel of land, upon which there is located any building or activity, contain
B.O.D., C.O.D., ammonia, or suspended solids concentration higher than defined herein.
(b) The surcharge in dollars shall be computed by the formulas included in this subchapter established for the user charge and industrial cost recovery system. Computation of Surcharges
will be based on effluent analyses at a frequency determined by the User's water consumption as follows:
(1) Monthly effluent analyses for water usages at more than 100,000 gallons per month.
(2) Semi annual effluent analyses for water consumption less than 100,000 gallons per month.
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Surcharges will remain in effect until a new effluent analysis is required or changed based on interim analyses by the User using a Certified Water Testing Laboratory at the User's
expense.
Sewer Surcharges will constitute a new line item on the prevailing Water/Sewer Bill prepared monthly per User of the system and subject to prevailing regulations/penalties for late
or nonpayments. Reimbursements of Surcharge related monitoring expenses initiated by the City of Boynton Beach are required.
(c) Nothing in this chapter shall restrict the city from making additional adjustments in rates if it is found that the nature or quantity of the waste creates an additional burden
on the system or if those adjustments are necessary to comply with regulations of the State Department of Environmental Protection or the United States Environmental Protection Agency.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
Sec. 26-164 Industrial cost recovery system.
(a) At the discretion of the Director of the Public Utilities System, there is imposed upon all users of each industrially and commercially classified property served by the sewer system
an annual cost recovery assessment.
(b) The annual cost recovery is as follows:
(1) SIU Industrial Permit Fee—$500.00 plus monitoring costs.
(2) Commercial/Industrial User Fee—$50.00 plus monitoring costs.
Permit Fees, Commercial/Industrial User Fees and related monitoring costs reimbursements must be paid within thirty (30) days of Permit issuance or receipt of Monitoring Cost Recovery
Notice.
Commercial/Industrial User Fees will be billed as a new line item on the prevailing Water/Sewer Bill prorated over a period of twelve months, but billed monthly; a monthly payment
of $4.17 will be added to the prevailing Water/Sewer Bill.
(c) SIU Industrial Permit Fees and Commercial/Industrial User Fees shall be prorated for existing permit holders and users upon enactment of this division.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
Sec. 26-165. Review and amendment on annual basis.
This subchapter shall be subject to review and revision on the minimum of an annual basis, and the city reserves the right to modify this subchapter or any parts thereof at any time
or from time-to-time.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
Sec. 26-166. Notice of violation; liability for expense, loss, or dam
age.
(a) Any person found to be violating any provision of this subchapter shall be served by the city with written notice stating the nature of the violation. The person shall provide
a written plan within thirty (30) days for the satisfactory correction thereof.
(b) The Director may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance.
Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same
force and effect as the administrative orders issued pursuant to this ordinance and shall be judicially enforceable.
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(c) Any person violating any of the provisions of the subchapter shall become liable to the city for any expense, loss, or damage occasioned the city by reason of that violation.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177
Subdivision I. Administration
Sec. 26-167. Responsibility for treatment and disposal.
The WWF is responsible for the proper treatment and disposal of all waste that is proper to process through the regional treatment facilities, beginning at the point source.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
Sec. 26-168. Right to enter premises and obtain information concerning discharges.
(a) To the extent permitted by general law, the proper official and other duly authorized employees of the city or the WWF bearing proper credentials and identification shall be permitted
to enter all properties for the purposes of inspection, observations, measurement, sampling, and testing in accordance with the provisions of this chapter. The official or his representatives
will not inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source
of discharge to the sewers or waterways or facilities for waste treatment.
(b) To the extent permitted by general law, the proper official and other duly authorized employees of the city or the WWF bearing proper credentials and identification shall be permitted
to enter all private properties through which the city holds an easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance
of any portion of the sewage works lying within that easement. Penalty, see Sec. 26-177
(c) If the Director or designee has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there
may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program to verify compliance with this ordinance or
any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Director may seek issuance of an inspection warrant pursuant
to Sections 933.21-933.26, Florida Statutes, from the Palm Beach County Court.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
Sec. 26-169 Suspension of wastewater treatment service; notice to stop discharge; failure to comply.
(a) The city may suspend the wastewater treatment service to any user, including other local governments, when the suspension is necessary, in the opinion of the Utilities Director,
in or DEP to stop an actual or threatened violation which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, causes
interference to the WWF, caused the WWF to violate any condition of its NPDES permit, or causes the city to be in violation of any of its agreements with the WWF.
(b) Any user notified of a suspension of the wastewater treatment service shall immediately stop or eliminate the contribution. In the event of a failure of the user to cause the user
to voluntarily comply with the suspension or DEP, the city shall take steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage
to the city or WWF systems or endangerment to any individuals. The city may 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
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the measures taken to prevent any future occurrence shall be submitted to the city within fifteen (15) days from the date of the occurrence.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalties, see Sec. 26-177
Sec. 26-170. Publication of users in significant violation.
The City shall publish annually, in the largest daily newspaper published in the City, a list of the industrial users which, during the previous twelve (12) months, were in significant
noncompliance with applicable pretreatment standards and requirements. The term "significant noncompliance" shall mean:
(a) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six (66%) percent or more of wastewater measurements taken during a six-month period exceed
the daily maximum limit or average limit for the same pollutant parameter by any amount;
(b) Technical review criteria (TRC) violations, defined here as those in which thirty-three (33%) percent or more of wastewater measurements taken for each pollutant parameter during
a six-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (one and four-tenths (1.4) for BOD, TSS, fats,
oils and grease, and one and two-tenths (1.2) for all other pollutants except pH;
(c) Any other discharge violation that the City believes has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of
City personnel or the general public);
(d) Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the City's exercise of its emergency authority to halt
or prevent such a discharge;
(e) Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction,
completing construction, or attaining final compliance;
(f) Failure to provide within thirty (30) days after the due date, any required reports, including baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
(g) Failure to accurately report noncompliance;
(h) Any other violation(s) which the City determines will adversely affect the operation or implementation of the local pretreatment program.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
Subdivision J. Violations; remedies
Sec. 26-171. False statements of documents prohibited.
No person shall knowingly make any false statements, representations, or certification in any application record, report, plan, or other document filed or required to be maintained
pursuant to this division, or falsify, tamper with, or knowingly render inaccurate any monitoring device or method required under this division.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
Sec. 26-172. Show cause hearing.
(a) Any user subject to enforcement action under the provisions of this division may request a
hearing before the Utilities Director within ten (10) days of receipt of notification or proposed enforcement action. A hearing is to be held by the Utilities Director concerning the
violation, the reasons
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why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the Utilities Director why the proposed enforcement action should not be taken.
(b) The Utilities Director may conduct the hearing and take the evidence, or, at the Utilities Director's sole discretion, may designate the City Attorney or an independent arbitrator
to:
(1) 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 that hearing.
(2) Take evidence and hear testimony (the strict rules of evidence shall not apply to any hearing).
(3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendation to the Utilities Director or his designee for action thereon.
(c) At any hearing held pursuant to this division, testimony taken must be under oath and recorded stenographically, with the costs thereof to be borne by the user. The transcript,
so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.
(d) After the Utilities Director or his designee has reviewed the evidence, he may issue an order to the user responsible for the noncompliance(s) stating that, following a thirty-day
time period to provide remediation of noncompliance(s), penalties as per Section 26-177 will go into effect. Further orders as are necessary and appropriate may be issued.
(e) The City shall also establish and assess against the user, appropriate surcharges or fees to reimburse the City for the additional cost of operation and maintenance of the wastewater
treatment works due to the violation of this division.
(f) Costs for conducting a show cause hearing shall be borne by the user requesting the hearing if the enforcement action is upheld.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
Sec. 26-173. Legal Action Against Use For Appropriate Relief.
If any person discharges sewage, industrial wastes, or other wastes into the city's wastewater disposal system contrary to the provisions of this chapter, federal or state pretreatment
requirements, or any order of the city, the city's attorney may commence an action against the user for appropriate legal relief, in the appropriate court which has jurisdiction; and
to the extent permitted by law, shall seek recovery of all city costs and expenses related to those actions against the user by the city.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
Sec. 26-174. Retention Of Records Required.
All users are required to retain and preserve for no less than three (3) years, any records, books, documents, memoranda, reports, correspondence, and any and all summaries thereto,
relating to monitoring, sampling, waste hauling and chemical analyses made by or on behalf of a user in connection with its discharge. All records which pertain to matters which are
the subject of administrative adjustment or any other enforcement or litigation activities brought by
the WWF 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.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99) Penalty, see Sec. 26-177
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Sec. 26-175. Enforcement Plan.
An escalating enforcement strategy shall be used by the City to maintain compliance with this chapter. The various types of enforcement actions shall be used as determined by the Director
and/or Code Enforcement Division and/or the City Attorney depending on the type or severity of the violation. A copy of the enforcement plan will be kept on file at the WWF.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
Sec. 26-176. Remedies.
(a) Affirmative Defenses to Discharge Violation.
(1) Consent Orders. The Director may enter into Consent Orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for
noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall
have the same force and effect as the administrative orders issued pursuant to Section 26-172(D) and shall be judicially enforceable.
(b) Upset.
(1) For the purposes of this section, “upset” means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because
of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate
treatment facilities, lack of preventive maintenance, or careless or improper operation.
(2) An upset shall constitute an affirmative defense to an action brought for noncompliance with
categorical pretreatment standards if the requirements for paragraph (c), below are met.
(3) A user who wishes t
o establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operati
ng logs, or other relevant evidence that:
a. An upset occurred and the user can identify the cause(s) of the up
set;
b. The facility was at the time being operated in a prudent and workman-like manner and in compliance with
applicable operation and maintenance procedures; and
c. The user has submitted the following information to the
Director within twenty-four (24) hours of becoming aware of the upset if this information is provided orally, a
written submission must be provided within five (5) days:
i. A description of the indirect discharge and cause of noncompliance;
ii. The period of noncom
pliance, including exact dates and time or, if not corrected; the anticipated time the noncompliance is expected
to continue; and
iii. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the nonc
ompliance.
d. In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have
the burden of proof.
1999 S-11
Water, Sewers and City Utilities 44K
e. Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.
f. Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment
facility until the facility is restored or an alternative method of treatment is provided. The requirement applies in the situation where, among other things, the primary source of
power of the treatment facility is reduced, lost, or fails.
(b) Bypass.
(1) For the purpose of this section,
a. “Bypass“ means the intentional diversion of wastestreams from any portion of a user's treatment facility.
b. “Severe property damage“ means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss
of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
(2) A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also if it also is for essential maintenance to assure
efficient operation. These bypasses are not subject to the provision of paragraphs (b)(3) and (4) of this section.
(3) a. If a user knows in advance of the need for a bypass, it shall submit prior notice to the Di
rector, at least ten (10) days before the date of the bypass, if possible.
b. A user shall submit oral notice to
the Director of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24)
hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5)
days of the time the user becomes aware of the bypass. The written submission shall contain a description of the
bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not b
een corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate,
and prevent reoccurrence of the bypass. The Director may waive the written report on a case-by-case basis if th
e oral report has been received within twenty-four (24) hours.
(4) a. Bypass is prohibited, and the Director may
take an enforcement action against a user for a bypass, unless:
i. Bypass was unavoidable to prevent loss of li
fe, personal injury, or severe property damage.
ii. There were no feasible alternatives to the bypass, such as t
he use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of
equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in
the exercise of reasonable engineering judgement to prevent a bypass which occurred during normal periods of eq
uipment downtime or preventive maintenance; and
1999 S-11
44L Boynton Beach Code
iii. The user submitted notices as required under paragraph (b)(3) of this section.
b. The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed in paragraph (b)(4)a.
of this section.
(Ord. No. 99-21, § 1, 8-3-99)
Sec. 26-177. Penalties.
Failure to comply with any Chapter 26 ordinances that relate to the actual and/or potential introduction of prohibited and/or restricted effluents into the sanitary sewer system requires
penalties as mandated by federal law; e.g. Federal Pretreatment Regulations Section 403.8(f)(1)(vi)(A) requires penalties up to the amount of $1,000.00 per day per violation which goes
uncorrected.
(a) Any user who is found to have violated an Order of the city or who fails to comply with any provision of this chapter for which another penalty is not provided, and the orders, rules,
and regulations issued hereunder, shall be penalized up to $1,000 per day for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct
offense. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during
the period of violation. A lien against the user’s property will be sought for unpaid charges, fines and penalties. In addition to the penalties provided herein, the city may recover
all reasonable attorneys' fees, court costs, court reporters' fees, and other expenses of litigation by appropriate motions or suit at law against the user or person found to have violated
this chapter or the orders, rules, regulations, and permit issued hereunder.
(b) Penalties for Continuing Violations. Any person who shall continue any violation beyond the t
ime limit provided for in Section 26-166(a) shall be guilty of a violation, and on conviction thereof, shall be
penalized in the amount not exceeding $5,000 for each offense. Each day in which any violation shall continue sh
all be deemed a separate offense.
(c) Whoever violates Section 26-171 shall, upon conviction, be punished by a f
ine of not more than $1000 or by imprisonment for not more than sixty (60) days, or by both.
(d) Within 30 days
of any and all violations, the user shall cause a sample of the discharge to be taken and laboratory analysis pe
rformed on said sample at their expense with the results to be provided to the Utilities Director. The Utilities
Director may require further sampling at such times as deemed appropriate.
(e) The remedies and penalties prov
ided for in this chapter are not exclusive. The Director may take any, all, or any combination of these actions
against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the cit
y's enforcement response plan. However, the Director may take other action against any user when the circumstanc
es warrant. Further, the Director is empowered to take more than one enforcement action against any noncompliant
user.
(Ord. No. 93-8, § 2, 5-18-93; Am. Ord. No. 99-21, § 1, 8-3-99)
Secs. 26-178—26-204. Reserved.
ARTICLE V. CROSS-CONNECTION
CONTROL AND BACKFLOW PREVENTION*
*Editor's note-Formerly, Art. V contained §§ 26-105—26-111. Such sections were renumbered as §§ 26-205—26-211 by Ord. No. 93-8, title, adopted May 18, 1993.
1999 S-11
Water, Sewers and City Utilities 44M
Sec. 26-205. Short title.
This article shall be known as “The Boynton Beach Cross-Connection Control and Backflow Prevention Ordinance”.
(Ord. No. 90-51, § 1, 11-7-90)
Sec. 26-206. Definitions.
The following terms and phrases when used in this article shall have the meaning ascribed to them in this section except where the context clearly indicates a different meaning. Words
used in the present tense shall include the future, and the singular number includes the plural, and the plural the singular.
(1) Air-gap: The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device
and the flood level rim of such vessel. An approved air-gap shall be at least double the diameter of the supply pipe; measured vertically, above the top of the rim of the vessel and,
in no case, less than two (2) inches. When an air-gap is used at the service connection to prevent the contamination or pollution of the public potable water system, an emergency bypass
shall be installed in the bypass system which shall include an approved back-flow prevention device.
(2) Approved: Accepted by the director of utilities as meeting an applicable specification stated or cited in this section, or as suited for the proposed use.
(3) Auxiliary water supply: Any water supply on, or available to, the premises other than the purveyor's approved public potable water supply. These auxiliary waters may include water
from another purveyor's spring, river, stream, harbor, or the like, or
“used waters” or “industrial fluids”. These waters may be polluted or contaminated or they may be objectionable and constitute an unacceptable water source over which the water purveyor
does not have sanitary control.
(4) Backflow: The flow of water or other liquid
, mixture or substance under pressure into the distributing pipes of a potable water supply system from any sour
ce or sources other than its intended source.
(5) Backflow preventer: A device or means designated to prevent ba
ckflow or back-siphonage.
(6) Back-siphonage: The flow of water or other liquid, mixture or substance into the d
istributing pipes of a potable water supply stream from any source other than its intended source caused by the
sudden reduction of pressure in the potable water supply system.
(7) Contamination: Any impairment of the quality of potable water by sewage, industrial
fluids, waste liquids, compounds, or other materials to a degree which creates a potential actual hazard to the
public health through poisoning or through the spread of disease.
(8) Cross-connection: Any physical connection or arrangement of piping or fixtures between
two (2) otherwise separate piping systems, one of which contains potable water and the other nonpotable water o
r industrial fluids of questionable safety, through which, or because of which, backflow or back-siphonage may o
ccur into the potable water system. A water service connection between a public potable water distribution syste
m and a customer's water
1999 S-11
44N Boynton Beach Code
Water, Sewers and City Utilities 45
distribution system which is cross-connected to a contaminated fixture, industrial fluid system, or with a potentially contaminated supply or auxiliary water system, constitutes one
type of cross-connection. Other types of cross-connections include connectors such as swing connections, removable sections, four-way plug valves, spools, dummy sections of pipe, swivel
or changeover devices, sliding multiport tube, solid connections, and the like.
a. Cross-connection control by containment: The installation of an approved backflow prevention device at the water service connection to any customer's premises where it is not physically
and economically feasible to find and permanently eliminate or control all actual or potential cross-connections within the customer's water system; or the installation of an approved
backflow prevention device on the service line leading to and supplying a portion of a customer's water system where there are actual or potential cross-connections which cannot be effectively
eliminated or controlled at the point of cross-connection.
b. Cross-connection controlled: A connection between a potable water system and a nonpotable water system with an approved backflow prevention device properly installed that will continuously
afford the protection commensurate with the degree of hazard.
(9) Double check valve assembly: An assembly of two (2) independently operating approved check valves with tightly closing shutoff valves on each side of the check valves, plus properly
located test cocks for the testing of each check valve. The entire assembly shall meet the design and performance specifications and approval of a recognized and city-approved testing
agency for backflow prevention devices. To be approved, these must be readily
accessible for in-line maintenance and testing.
(10) Hazard, degree of. The term is derived from an evaluation of the potential risk t
o public health and the adverse effect of the hazard upon the potable water system, and shall include:
a. Hazard
, health: Any condition, device or practice in the water supply system and its operation which could create or,
in the judgment of the director of utilities, may create a danger to the health and well-being of the water cons
umer. An example of a “health hazard” is a structural defect, including a cross-connection, in the water supply
system.
b. Hazard, plumbing: A plumbing-type cross-connection in a consumer's potable water system that has not b
een properly protected by a vacuum breaker, air-gap separation, or backflow prevention device. Unprotected plumb
ing-type cross-connections are considered to be a health hazard.
c. Hazard, pollutional: An actual or potential t
hreat to the physical properties of the water system or to the potability of the public or the consumer's potabl
e water system but which would constitute a nuisance or be aesthetically objectionable or could cause damage to
the system or its appurtenances, but would not be dangerous to health.
d. Hazard, system: An actual or potential
threat of severe damage to the physical properties of the public potable water system or the consumer's potable
water system or of a pollutant or contaminant which would have a protracted effect on the quality of the potable
water in the system.
(11) Industrial fluids system: Any system containing a fluid or solution which may be chemically, biologically or otherwise
46 Boynton Beach Code
contaminated or polluted in a form or concentration such as would constitute a health, system, pollutional or plumbing hazard if introduced into an approved water supply. This may include,
but shall not be limited to: polluted or contaminated waters; all types of process waters and “used waters” originating from the public potable water system which may have deteriorated
in sanitary quality; chemicals in fluid form; plating acids and alkalis; circulated cooling waters connected to an open cooling tower and/or cooling waters that are chemically or biologically
treated or stabilized with toxic substances; contaminated natural waters such as from wells, springs, streams, rivers, bays, harbors, irrigation canals or systems, and the like; and
oils, gases, glycerine, paraffins, caustic and acid solutions, and other liquid and gaseous fluids used in industrial or other purposes or for fire-fighting purposes.
(12) Pollution: The presence of any foreign substance (organic, inorganic or biological) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness
or quality of the water to a degree which does not create an actual hazard to the public health but which does adversely and reasonably affect such waters for domestic use.
(13) Pressure-type vacuum breaker: An assembly used to isolate entire irrigation lines from potable water systems. It has the ability to withstand supply pressure for long periods
and to prevent backflow of toxic and nontoxic water into the potable water system in back-siphonage conditions. To be approved, these devices must be readily accessible for in-line maintenance
and testing.
(14) Purveyor or Water purveyor. The owner or operator of the public potable water system supplying an approved water supply to the public.
(15) Reduced pressure principle device: An
assembly of two (2) independently operating approved check valves with an automatical
ly operating differential relief valve between the two (2) check valves, tightly closing shutoff valves on eithe
r side of the check valves, plus properly located test cocks for the testing of the check and relief valves. The
entire assembly shall meet the design and performance specifications and approval of a recognized and city appr
oved testing agency for backflow prevention assemblies. The device shall operate to maintain the pressure in the
zone between the two (2) check valves at a level less than the pressure on the public water supply side of the
device. At cessation of normal flow, the pressure between the two (2) check valves shall be less than the pressu
re on the public water supply system side of the device. In case of leakage of either of the check valves, the d
ifferential relief valve shall operate to maintain the reduced pressure in the zone between the check valves by
discharging to the atmosphere. When the inlet pressure is two (2) pounds per square inch or less, the relief val
ve shall open to the atmosphere. To be approved, these devices must be readily accessible for in-line maintenanc
e and testing and be installed in a location where no part of the device will be submerged.
(16) Water:
a. Water, nonpotab
le: Water which is not safe for human consumption or which is of questionable potability.
b. Water, potable: Any
water which, according to recognized standards, is safe for human consumption.
c. Water, service connections: The
terminal end of a service connection from the public potable water system; that is, where the water purveyor lo
ses jurisdiction and sanitary control over the water at its point of delivery to the customer's water system. If
a meter is installed at the end of the service connection, the service connection shall mean the downstream end
of the meter.
Water, Sewers and City Utilities 47
There should be no unprotected takeoffs from the service line ahead of any meter or backflow prevention device located at the point of delivery to the customer's water system. “Service
connection” shall also include water service connection from a fire hydrant and all other temporary or emergency water service connections from the public potable water system.
d. Water, used: Any water supplied by a water purveyor from a public potable water system to a consumer's water system after it has passed through the point of delivery and is no longer
under the sanitary control of the water purveyor.
(17) Water system: The water system shall be considered as made up of two (2) parts: The customer system and the utility system.
a. The “customer system” shall include those parts of the facilities beyond the termination of the utility distribution system which are utilized in conveying utility-delivered domestic
water to points of use.
b. The “utility system” shall consist of the source facilities and the distribution system; and shall include all those facilities of the water system under the complete control of the
utility, up to the point where the customer's system begins (meter). The “source” shall include all components of the facilities utilized in the production, treatment, storage and delivery
of water to the distribution system. The “distribution system” shall include the network of conduits used for the delivery of water from the source to the customer's system.
(Ord. No. 90-51, § 1, 11-7-90)
Sec. 26-207. Backflow prevention devices; when
required; specifications.
(a) No water service connection to any premises shall be installed or maintained by the water purveyor unless the water supply is protected as required by state law and regulation (Chapter
17-555, Florida Administrative Code) and this article. Service of water to any premises shall be discontinued by the water purveyor if a backflow prevention device required by this article
is not installed, tested and maintained, or if it is found that a backflow prevention device has been removed, bypassed, or if an unprotected cross-connection exists on the premises.
Service will not be restored until such conditions or defects are corrected.
(b) The customer's system should be open for inspection at all reasonable times to authorized representatives of the utilities department to determine whether cross-connections or other
structural or sanitary hazards, including violations of these regulations, exist. When such a condition becomes known, the director of utilities shall deny or immediately discontinue
service to the premises by providing for a physical break in the service line until the customer has corrected the condition in conformance with state and city laws relating to plumbing
and water supplies and the regulations adopted pursuant thereto.
(c) An approved backflow prevention device shall be installed on each service line to a customer's water system at or near the property line or immediately inside the building being
served and, in all cases, before the first branch line leading off the service line, whenever the following conditions exist:
(1) In the case of premises having an auxiliary water supply which is not
or may not be safe bacteriologically or [in] chemical quality and which is not acceptable as an additional sourc
e by the director of utilities. The public water system shall be protected against backflow from the premises by
installing a backflow prevention device in the service line appropriate to the degree of hazard.
(2) In the cas
e of premises upon which any
48 Boynton Beach Code
industrial fluids or any other objectionable substance is handled in such a fashion as to create an actual or potential hazard to the public water system, the public system shall be
protected against backflow from the premises by installing a backflow prevention device in the service line appropriate to the degree of hazard. This shall include the handling of process
waters and waters originating from the utility system which have been subject to deterioration in quality.
(3) In the case of premises having internal cross-connections that cannot be permanently corrected and controlled, intricate plumbing and piping arrangements, or where entry to all portions
of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not dangerous cross-connections exist, the public water
system shall be protected against backflow from the premises by installing a backflow prevention device in the service line. The type of protective device required shall depend upon
the degree of hazard which exists, as follows:
a. In the case of any premises where there is an auxiliary water supply as stated in this section, the public water system shall be protected by an approved air-gap separation or an
approved reduced pressure principle backflow prevention device.
b. In the case of any premises where there is water or some substance that would be objectionable but not hazardous to health if introduced into the public water system, the public
water system shall be protected by an approved double check valve assembly.
(4) In the case of any premises where there is any material dangerous to health which is handled in such a fashion as to create an actual or potential hazard to the public
water system the public water system shall be protected by an approved air-gap separation or an approved reduced pressure principle backflow prevention de
vice. Examples of premises where these conditions may exist include wastewater treatment plants, wastewater pump
ing stations, chemical manufacturing plants, hospitals, mortuaries and metal plating plants.
(5) In the case of any premises where there are “uncontrolled” cro
ss-connections, either actual or potential, the public water system shall be protected by an approved air-gap se
paration or an approved reduced pressure principle backflow prevention device at the service connection.
(6) In the case of any premises where, because of sec
urity requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete in-
plant cross-connection survey, the public water system shall be protected against backflow or back-siphonage fro
m the premises by the installation of a backflow prevention device in the service line. In this case, maximum pr
otection will be required; that is, an approved air-gap separation or an approved reduced pressure principle bac
kflow prevention device shall be installed in each service to the premises.
(7) An approved backflow prevention
device of the type designated shall be installed on each water service connection to the following types of faci
lities. This list is presented as a guideline and should not be construed as being complete.
Abbreviations are as follows:
A.G. —Air-gap s
eparation
R.P. —Reduced pressure principle
backflow preventer
D.C.V.A. —Double check valve
assembly
P.V.B. —Pressure vacuum breaker
Water, Sewers and City Utilities 49
A.V.B. —Atmospheric vacuum
breaker
Minimum
Type of
Type of Facility Protection
Automotive repair facilities R.P.
Breweries, distilleries, bottling plants R.P.
Car wash with recycling system and/or R.P.
wax educator [applicator]
Chemical plants R.P.
Dairies R.P.
Dentist offices R.P.
Fertilizer plants R.P.
Film laboratory or processing plants R.P.
Fire sprinkler lines, without pumps D.C.V.A.
Fire sprinkler lines, with booster R.P.
pumps
Food or beverage plants R.P.
Hospitals, clinics, medical buildings R.P.
(parallel)
Irrigation systems R.P. or
(Non-residential) D.C.V.A
Laboratories R.P.
Laundries and dry cleaning plants R.P.
Machine tool plants (health or system R.P.
hazard)
Machine tool plants (pollution hazard) R.P.
Metal processing plant (health or R.P.
system hazard)
Metal processing plant (pollution R.P.
hazard)
Metal plating plant R.P.
Morgues or mortuaries R.P.
Nursing homes R.P.
Packing houses or rendering plants R.P.
Paper products plants R.P.
Pesticides (exterminating companies) A.G. or
R.P.
Petroleum processing plants R.P.
Petroleum storage yards (health or R.P.
system hazard)
Petroleum storage yards (pollutional R.P.
hazard)
Pharmaceutical or cosmetic plants R.P.
Piers, docks or waterfront facilities R.P.
Power plants R.P.
Radioactive material plants R.P.
2001 S-16
Minimum
Type of
Type of Facility Protection
Restaurants R.P.
Sand and gravel plants R.P.
Schools R.P.
Sewage treatment plants R.P.
Sewage pumping stations R.P.
Swimming pools with piped fill line (at A.G. or
pool) R.P.
Tall buildings over three (3) stories R.P.
Veterinary establishments R.P.
(8) For all premises (including residential) in areas serviced by irrigation water from a wastewater reuse system, the public water system shall be protected by an approved double check
valve assembly at the service connection.
(d) Any backflow prevention device required herein shall be of a model and size approved by the director of utilities. The term “approved backflow prevention device” shall mean a device
that has been manufactured in full conformance with the standards established by the American Water Works Association and entitled “AWWA C510 Double Check Valve Backflow Prevention Assembly”
or “AWWA C511 Reduced Pressure Principle Backflow Prevention Assembly” and which has met completely the laboratory and field performance specifications of the Foundation for Cross Connection
Control and Hydraulic Research of the University of Southern California established by the Manual of Cross-Connection Control, 8th Edition, dated June 1988, or the most current issue.
(1) Such AWWA and FCCC and HR standards and specifications have been adopted by the director of utilities. Final approval shall be evidenced by a certificate of approval issued by an
approved testing laboratory certifying full compliance with such AWWA standards and FCCC and HR specifications.
(2) It shall be the duty of the customer-user at any premises where backflow prevention devices are installed, to have certified
50 Boynton Beach Code
inspections and operational tests made at least once per year. In those instances where the director deems the hazard to be great enough, he may require certified inspections at more
frequent intervals. These inspections and tests shall be at the expense of the customer and shall be performed by the device manufacturer's representative, or by a certified tester approved
by the director of utilities.
(3) These devices shall be repaired, overhauled, or replaced at the expense of the customer-user whenever such devices are found to be defective. Records of such tests, repairs and overhauls,
shall be submitted to the director of utilities.
(4) All presently installed backflow prevention devices which do not meet the requirements of this section but were approved devices for the purposes described herein at the time of
installation and which have been properly maintained shall, except for the inspection maintenance requirements, be excluded from the requirements of those rules so long as the director
of utilities is assured that they will satisfactorily protect the public potable water supply system. Wherever the existing device is moved from the present location or requires more
than minimum maintenance, or when the director of utilities finds that the maintenance constitutes a hazard to health, the unit shall be replaced by a backflow prevention device meeting
the requirements of this section.
(Ord. No. 90-51, § 1, 11-7-90; Ord. No. 01-28, § 2, 7-3-01)
Sec. 26-208. Utilities department to administer.
(a) The utilities department shall be responsible for the protection of the public potable water distribution system from contamination or pollution due to the backflow or back-siphonage
of contaminants or pollutants through the water service connection.
2001 S-16
(b) If, in the judgment of the department, an approved backflow prevention device is required at the city's water service connection to any customer's premises for the safety of the
water system, the director of utilities or his designated agent shall give notice in writing to the customer to install such an approved backflow prevention device at each service connection
to his premises. The customer shall immediately install such approved device or devices at his own expense; the failure, refusal, or inability on the part of the customer to install
such device or devices immediately, shall constitute a ground for discontinuing water service to the premises until such device or devices have been properly installed.
(Ord. No. 90-51, § 1, 11-7-90)
Sec. 26-209. Fees and permits.
The city shall identify those users required to install backflow prevention devices for the safety of the water system. All users shall be required to have their backflow prevention
devices tested at least once annually by certified city personnel or, if city personnel are not available, then by a certified backflow prevention device technician. Should the device(s)
fail the test, then the owner must have the unit repaired and re-tested in a timely manner so as to ensure protection of the public water supply. The city shall levy a fee for testing
(and re-testing as necessary) all devices based upon program cost administration, as shown in Fee Schedule A:
FEE SCHEDULE A
Type of Unit Test Fee
Reduced pressure backflow preventer
Annual test $50.00
Each re-test due to failure 35.00
Double check valve assembly
Annual test 50.00
Each re-test due to failure 35.00
Pressure vacuum breaker
Annual test 40.00
Each re-test due to failure 25.00
Water, Sewers and City Utilities 50A
NOTE: For billing purposes, units mounted in parallel on a single service line or fire line will be considered as one unit. Other units at the same site, but on separate lines, will
be billed
as separate units.
(Ord. No. 90-51, § 1, 11-7-90)
2001 S-16
50B Boynton Beach Code
Water, Sewers and City Utilities 51
Sec. 26-210. Notice of violation; failure to
remedy.
The director of utilities shall notify the owner or authorized agent of the owner of the building or premises in which there is found a violation of this article, of such violation.
The director shall set a reasonable time for the owner to have the violation removed or corrected (thirty (30) days maximum, or as determined by degree or hazard). On failure of the
owner to have the violation corrected by the end of a specified time interval, the director may, if in his judgment an imminent health hazard exists, cause the water service to the building
or premises to be terminated and/or recommend such additional fines or penalties to be involved as are provided in section 26-111.
(Ord. No. 90-51, § 1, 11-7-90)
Sec. 26-211. Penalties.
(a) Any person who knowingly fails or refuses to obey or comply with, or willfully violates any of the provisions of this article, or any lawful rule or regulation promulgated hereunder,
or any lawful order of the director issued pursuant to the provisions of this article, shall, upon conviction of such offense, be subject to punishment as provided by law. Each day during
which the knowing or willful failure or refusal to comply with this article continues shall constitute a separate offense.
(b) Any person who violates any of the provisions of this article shall be liable to the city for all costs and damages incurred by the city as a proximate result of such violation
plus a fine up to five hundred dollars ($500.00) per day.
(Ord. No. 90-51, § 1, 11-7-90)
Secs. 26-212—26-299. Reserved.
ARTICLE VI. STORMWATER SYSTEM
Sec. 26-300. Purpose and intent.
The purpose of this article is to promote the
health, safety and general welfare of the inhabitants of the City of Boynton Beach. This article is intended to comply with federal and state law and regulations regarding water quality.
(Ord. No. 93-7, § 1, 5-4-93)
Sec. 26-301. Definitions.
[As used in this article, the following words and terms shall have the meaning ascribed thereto:]
Authorized official: Any employee or agent of the city authorized in writing by the director to administer or enforce the provisions of this article.
Director: Director of utilities.
Discharge: Any direct or indirect entry of any solid, liquid or gaseous matter.
Person: Any natural individual, corporation,
partnership, institution, or other entity.
Site of industrial activity: Any area or facility used for manufacturing, processing or raw materials storage, as defined under 40 CFR Section 122.26(a)(14) of regulations of the U.S.
Environmental Protection Agency, as amended.
Stormwater: Any stormwater runoff, and surface runoff and drainage.
Stormwater system: The system of conveyances used for collecting, storing and transporting stormwater owned by the City of Boynton Beach but not including any facilities intended to
be used in accordance with applicable law for collecting and transporting sanitary or other wastewater. Any discharge into the stormwater system in violation of any federal, state, county,
municipal or other law, rule, regulation or permit is prohibited.
(Ord. No. 93-7, § 1, 5-4-93)
Sec. 26-302. Industrial activity.
(a) General prohibitions [Reserved.]
(b) Specific prohibitions. By adoption of
52 Boynton Beach Code
industrial activity stormwater regulations or by issuance of industrial activity stormwater permits, or both, the director may impose reasonable limitations as to the quality of stormwater
(including without limitation the designation of maximum levels of pollutants) discharged into the stormwater system from sites of industrial activity. Any promulgation of such regulations
and issuance of permits by the director shall be in accordance with applicable law.
(c) Administrative orders. The director may issue an order to any person to immediately cease any discharge determined by the director to be in violation of any provision of this article,
or in violation of any regulation or permit issued hereunder.
(d) NPDES permits. Any person who holds a national pollutant discharge elimination system (NPDES) permit shall provide a copy of such permit to the director no later than the later
of: sixty (60) calendar days after the effective date of this article or sixty (60) calendar days after issuance.
(Ord. No. 93-7, § 1, 5-4-93)
Sec. 26-303. Illicit discharges.
(a) General prohibitions. Except as set forth under subsection (c) of this section or in accordance with a valid NPDES permit, any discharge to the stormwater system that is not composed
entirely of stormwater is prohibited.
(b) Specific prohibitions. Any discharge to the stormwater system containing any sewage, industrial waste or other waste materials, or containing any materials in violation of federal,
state, county, municipal or other laws, rules, regulations, orders or permits, is prohibited.
(c) Authorized exceptions. Unless the director determines that it is not properly managed or otherwise is not acceptable, the following discharges are exempt from the general prohibition
set forth under subsection (a) of this section: flows from fire fighting, water line flushing and other contributions from potable water sources, landscape irrigation and lawn watering,
irrigation water, diverted stream flows, rising groundwaters, direct infiltration to the
stormwater system, uncontaminated pumped groundwater, foundation and footing drains, water from crawl space pumps, air conditioning condensation, springs, individual residential car
washings, flows from riparian habitats and wetlands, and dechlorinated swimming pool contributions.
(d) Illicit connections. No person may maintain, use or establish any direct or indirect connection to the stormwater system that results in any discharge in violation of this article.
This prohibition is retroactive and applies to connections made in the past, regardless of whether made under a permit, or other authorization, or whether permissible under laws or practices
applicable or prevailing at the time the connection was made.
(e) Administrative order. The director may issue an order to any person to immediately cease any discharge, or any connection to the stormwater system, determined by the director to
be in violation of any provision of this article, or in violation of any regulation or permit issued hereunder.
(Ord. No. 93-7, § 1, 5-4-93)
Sec. 26-304. Spills and dumpings.
(a) General prohibitions. Except as set forth under section 26-303(c) of this article with a valid NPDES permit, any discharge to the stormwater system that is not composed entirely
of stormwater is prohibited.
(b) Specific prohibitions. Any discharge to the stormwater system containing any sewage, industrial waste or other waste materials, or containing any materials in violation of federal,
state, county, municipal, or other laws, rules, regulations, orders or permits, is prohibited.
(c) Notification of spills. As soon as any person has knowledge of any discharge to the stormwater system in violation of this article, such person shall immediately notify the director
by telephoning 407-738-7460, and if such person is directly or indirectly responsible for such discharge, then such person shall also take immediate action to ensure the containment
and cleanup of such discharge and shall confirm such telephone notification in writing to the
Water, Sewers and City Utilities 53
director at City of Boynton Beach, 124 East Woolbright Road, Boynton Beach, Florida 33435, within three (3) calendar days.
(d) Administrative order. The director may issue an order to any person to immediately cease any discharge, or connection to the stormwater system, determined by the director to be
in violation of any provision of this article, or in violation of any regulation or permit issued hereunder.
(Ord. No. 93-7, § 1, 5-4-93)
Sec. 26-305. Enforcement.
(a) Injunctive relief. Any violation of any provision of this article, or of any regulation or order issued hereunder, shall be subject to injunctive relief if necessary to protect
the public health, safety or general welfare.
(b) Continuing violation. A person shall be deemed guilty of a separate violation for each and every day during any continuing violation of any provision of this article, or of any
regulation or permit issued hereunder.
(c) Enforcement actions. The director may take all actions necessary, including the issuance of notices of violation, the filing of court actions and/or referral of the matter to the
local code compliance board to require and enforce compliance with the provisions of this article and with any regulation or permit issued hereunder.
(Ord. No. 93-7, § 1, 5-4-93; Ord. No. 97-51, § 3, 11-18-97)
Sec. 26-306. Inspections and monitoring.
(a) Authority for inspections. Whenever necessary to make an inspection to enforce any of the provisions of this article, or regulation or permit issued hereunder, or whenever an authorized
official has reasonable cause to believe there exists any condition constituting a violation of any of the provisions of this article, or regulation or permit issued hereunder, any authorized
official may enter any property, building or facility at any reasonable time to inspect the same or to perform any duty
related to enforcement of the provisions of this article or any regulations or permits issued hereunder; provided that:
(1) If such property, building or facility is oc
cupied, such authorized official shall first present proper credentials and request permission to enter; and
(2)
If such property, building or facility is unoccupied, such authorized official shall make a reasonable effort t
o locate the owner or other person having charge or control of the property, building or facility, and shall req
uest permission to enter.
Any request for permission to enter made hereunder shall state that the owner or person in control has the right to refuse entry, and that in the event entry is refused, the authorized
official may enter to make inspection only upon issuance of a search warrant by a duly authorized magistrate. If the owner or person in control refuses permission to enter alter such
request has been made, the authorized official is hereby authorized to seek assistance from any court of competent jurisdiction in obtaining entry. Routine or area-wide inspections shall
be based upon such reasonable selection processes as may be necessary to carry out the purposes of this article, including but not limited to random sampling and sampling in areas with
evidence of stormwater contamination, nonstormwater discharges, or similar factors.
(b) Authority for monitoring and sampling. Any authorized official may establish on any property such devices as are necessary to conduct sampling or metering of discharges to the stormwater
system. During any inspections made to enforce the provisions of this article, or regulations or permits issued hereunder, any authorized official may take any samples deemed necessary.
(c) Requirements for monitoring. The director may require any person engaging in any activity or owning any property, building or facility (including but not limited to a site of industrial
activity) to undertake such reasonable monitoring of any discharge(s) to the stormwater system and to furnish periodic reports.
(Ord. No. 93-7, § 1, 5-4-93)
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54 Boynton Beach Code
Secs. 26-307—26-399. Reserved.
ARTICLE VII. STORMWATER UTILITY
FEES
Sec. 26-400. Purpose and intent.
The purpose and intent of this article is to establish stormwater utility fees sufficient to plan, control, operate, and maintain the city's stormwater management system.
(Ord. No. 93-72, § 1, 12-21-93)
Sec. 26-401. Definitions.
For the purpose of this article, the following definitions shall apply; words used in the singular shall include the plural, and the plural, the singular; words used in the present
tense shall include the future tense. The word “shall” is mandatory and not discretionary. The word “may” is permissive. Words not defined herein shall be construed to have the meanings
given by common and ordinary use as defined in the latest edition of Webster's Dictionary.
Board means the administrative hearing board, comprised of a representative from the finance department, a representative from the engineering department and a representative from the
city manager's office.
Director means the director of the utilities department or his designee.
Dwelling unit means any residential space identified for habitation by members of the same family or as classified by the city building code.
Equivalent residential unit (ERU) means that unit of construction consisting of one (1) dwelling unit (whether single-family, condominium, mobile home, or townhouse unit) for residential
purposes; or for commercial or industrial sites, an impervious area equal to one thousand nine hundred thirty-seven (1,937) square feet.
Impervious area or impervious surface means a
horizontal surface which has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes, but is not limited to, semi-impervious
surfaces such as compacted clay, as well as streets, roofs, sidewalks, parking lots and other similar surfaces.
Residential property means any lot or parcel existing in the city or in the future annexation reserve area as defined in the city's comprehensive plan developed exclusively for residential
purposes including, but not limited to, single-family homes, manufactured homes, multifamily, apartment buildings and condominiums and transient rentals such as hotels and motels.
Nonresidential means any developed property not otherwise defined as residential.
Undeveloped property means that which has not been altered from its natural state by the addition of any improvements such as a building, structure, impervious surface, change of grade
or landscaping. For new construction, a property shall be considered developed pursuant to this chapter.
(1) Upon issuance of a cert
ificate of occupancy, or upon completion of construction or final inspection if no such certificate is issued; o
r
(2) Where construction is at least fifty (50) percent complete and construction is halted for a period of thre
e (3) months.
(Ord. No. 93-72, § 1, 12-21-93; Ord. No. 94-31, § 1, 10-18-94)
Sec. 26-402. Stormwater management utility fee.
A stormwater fee is hereby imposed upon each lot and parcel within the city for services and facilities provided by the storm- water management utility. For purposes of imposing the
stormwater fee, all lots and parcels within the city are classified into the following three (3) customer classes:
(1) Residential.
(2) Nonresidential, which includes
Water, Sewers and City Utilities 55
governmental; institutional (tax exempt); commercial; industrial and other.
(3) Undeveloped.
(Ord. No. 93-72, § 1, 12-21-93)
Sec. 26-403. Schedule of rates.
(a) The director is directed to prepare a list of lots and parcels within the city and assign a classification of residential, nonresidential or undeveloped to each lot or parcel.
(b) The monthly charge per ERU for all improved properties within the City of Boynton Beach corporate limits shall be five dollars ($5.00). The city commission may, from time to time,
by ordinance amend the monthly charge established in this section.
(c) The fee imposed for residential properties shall be the rate for one (1) ERU multiplied by the number of individual dwelling units existing on the property (ERU rate) (number of
dwelling units).
(d) The fee imposed for nonresidential properties as defined herein shall be the rate for one (1) ERU for each one thousand nine hundred thirty-seven (1,937) square feet of impervious
area.
(e) The director shall be responsible for determining the impervious area based on data supplied by the county property appraiser, or by the property owner, tenant or developer if such
information is unavailable. The director may require additional information as necessary to make the determination. The billing amount shall be updated by the director based on any additions
or deletions to the impervious area as approved through the building permit process.
(f) The minimum fee for any nonresidential parcel shall be equal to the rate for one (1) ERU.
(g) There shall be no fee for undeveloped property.
(Ord. No. 93-72, § 1, 12-21-93; Ord. No. 94-31, § 2, 10-18-94; Ord. No. 00-14, § 2, 6-6-00; Ord. No. 02-12, § 2, 4-2-02)
Sec. 26-404. Billing and payment; penalties.
(a) Bills or statements for the stormwater utility fee shall be rendered monthly, in accordance with the regular utility billing cycle, by the utility billing division of the city for
all properties subject to the fee. Bills shall be payable at the same time and in the same manner and subject to the same penalties as set forth for water. Any partial payment of a combined
utility bill shall be applied first to the stormwater utility fee. Any unpaid stormwater utility fees shall constitute a lien on such property except the liens of state, county and municipal
taxes and shall be on a parity with the lien of such state, county and municipal taxes. Such lien, when delinquent for more than thirty (30) days, may be foreclosed by the city in the
manner provided by the laws of Florida for the foreclosure of mortgages on real property.
(b) For properties normally receiving monthly utility bills for other services, the stormwater utility fee shall be included in the monthly utility bill rendered to the established
customer. At the discretion of the city finance director, fee waivers for short-term inactive utility accounts accruing fees of ten dollars ($10.00) or less in a six-month period may
be made for purposes of administrative convenience.
(c) For properties not receiving monthly utility bills for other services, the bill or statement for the stormwater utility fee shall be sent to the owner of the property as determined
from the tax rolls. The utility billing division may render annual or semiannual billing at the beginning of the defined period on such properties if determined to be in the best interest
of the city.
(d) The owner of a property is ultimately responsible for all fees imposed under this chapter.
(Ord. No. 93-72, § 1, 12-21-93)
Sec. 26-405. Adjustment of fees.
(a) Requests for adjustment of the stormwater management utility fee shall be submitted through the director, who shall be given authority to administer the procedures and standards
and review criteria for the
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56 Boynton Beach Code
adjustment of fees as established herein. All requests shall be judged on the basis of the amount of impervious area on the site, or additional/enhanced stormwater facilities. No credit
shall be given for the installation of facilities required by city or county development codes or state stormwater rules. The following procedures shall apply to all adjustment requests
of the stormwater utility fee:
(1) Any owner who has paid his stormwater management utility fees and who believes the contribution rate component of his stormwater management utility fee to be incorrect may, subject
to the limitations set forth in this chapter, submit an adjustment request to the director.
(2) Request for adjustment of stormwater fees paid by an owner making the request shall be in writing and set forth, in detail, the grounds upon which relief is sought.
(3) Adjustment requests made during the first calendar year that the stormwater management utility fee is imposed will be reviewed by the director within a four-month period from the
date of filing of the adjustment request. Adjustments resulting from such request shall be retroactive to the beginning of billings but shall not exceed one (1) year.
(4) The owner requesting the adjustment may, at his own cost, provide supplemental information to the director including, but not limited to facts, opinions or engineering services to
substantiate his case.
(5) Adjustments to the stormwater management utility fee will be made upon the granting of the adjustment request, in writing, by the director. Denials of adjustment requests shall be
made in writing by the director.
(b) Upon receipt of the written denial of the adjustment request, the owner who initially requested the adjustment may, within thirty (30) days of receipt of such denial, appeal to
the board for review of the denial.
(1) The board shall complete its review within sixty (60) days of receipt of said request for appea
l. The board's determination on the appeal shall be in writing and set forth in detail the reason for its decisi
on.
(2) In evaluating the appeal, the board shall be bound by the standards and review criteria contained herein
.
(3) All determinations of the board arising out of this section shall be final.
(Ord. No. 93-72, § 1, 12-21-93; Ord. No. 94-31, § 3, 10-18-94)
Sec. 26-406. Capital contributions.
Procedures and standards developed by the director shall define appropriate means by which to optimize development capital contributions in the implementation of basic specific stormwater
systems. These basic specific capital contributions shall take the form of “fee-in-lieu-of” or “availability charges”. Each situation will be analyzed by the director, and a specific
written decision will be developed. The application is defined as follows:
(1) Fee-in-lieu
-of is applied to a site-specific negotiated procedure, wherein a development's stormwater contribution (quantit
y and quality) is assessed its share of the capital needs of the facilities required to serve the development in
question. This capital contribution would be used to implement city-owned stormwater facilities. The process do
es not apply wherein the stormwater facilities are privately held. Each application is evaluated against the cit
y's stormwater master plan for the watershed involved or, while the master plan is incomplete, the cumulative im
pacts from the development.
(2) Availability charge is administered on a site-specific basis identical to the fe
e-in-lieu-of procedure noted above; the only difference is that the capital investment advanced by the city in i
mplementing a stormwater facility is
2002 S-18
Water, Sewers and City Utilities 57
not recovered through an availability charge. The capital charge is determined on a pro rata share of the capacity used by the new applicant or by the cumulative impact from the
development upon all impacted facilities.
(3) The “fee-in-lieu-of” capital contribution for properties redeveloping within the Downtown Stormwater Improvement Watershed, and utilizing the installed stormwater treatment and/or
conveyance facilities within that watershed, shall be levied as follows:
a. Capital cost per impervious square foot for Water Quality $2.05
b. Capital cost per impervious square foot for Water Quantity $0.18
c. Total Capital cost per impervious square foot for Water Quality and Quantity $2.23
This fee shall be paid prior to the issuance of a building permit for new construction and/or redevelopment in the Downtown Watershed.
(Ord. No. 93-72, § 1, 12-21-93; Ord. No. 00-54, § 4, 10-17-00; Ord. No. 02-045, § 7, 8-20-02)
Sec. 26-407. Program administration.
It shall be the duty of the director to administer the stormwater utility program. The director shall keep an accurate record of all persons using the services and facilities of said
stormwater management utility of the city and make changes in accordance with the rates and charges established in this chapter or by ordinance. (Ord. No. 93-72, § 1, 12-21-93; Ord.
No. 94-31, § 4, 10-18-94)
Sec. 26-408. Stormwater utility enterprise fund.
There shall be established a stormwater utility enterprise fund for the deposit of all fees and charges collected by the stormwater utility. These funds shall
be for the exclusive use of the city's stormwater management utility including, but not limited to, the following:
(1) Stormwater management services, such as stud
ies, design, permit review, plan preparation and development review.
(2) Operation, maintenance, repair and repl
acement of the stormwater collection, storage, treatment and conveyance infrastructure.
(3) Project costs relate
d to constructing major or minor structural improvements to the stormwater-related infrastructure as provided in
the city-wide stormwater management plan.
(4) Administrative costs associated with the management of the stormw
ater utility fee. A maximum of two thousand dollars ($2,000.00) may be transferred to the general fund annually
for administrative costs.
(5) Debt service financing of stormwater-related capital improvements defined in the c
ity-wide stormwater management plan.
(6) Funding of studies including water quantity and quality monitoring, aer
ial photography, and geotechnical work associated with the planning of the stormwater-related infrastructure.
(Ord. No. 93-72, § 1, 12-21-93; Ord. No. 94-31, § 5, 10-18-94)
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58 Boynton Beach Code