R09-170
" I
1 RESOLUTION NO. R09-1 7 ()
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, RATIFYING THE ACTION TAKEN BY THE SOUTH
5 CENTRAL REGIONAL WASTEWATER TREATMENT AND
6 DISPOSAL BOARD, ON OCTOBER 15, 2009, AS STATED
7 HEREIN; AUTHORIZING AND DIRECTING THE CITY
8 MANAGER AND CITY CLERK TO EXECUTE SAID
9 AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
10
11 WHEREAS, The South Central Regional Wastewater Treatment & Disposal Board
12 SCRWTDB) requests ratification of the action taken by the Board at the Quarterly Meeting of
13 ctober 15, 2009, as set forth in the attached Exhibit "A".
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15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
16 ITY OF BOYNTON BEACH, FLORIDA THAT:
17
18 Section l. The foregoing "Whereas" clauses are hereby ratified and confirmed as
19 eing true and correct and are hereby made a specific part of this Resolution upon adoption.
20
21 Section 2. The City Commission does hereby ratify the action taken by the South
22 entral Regional Wastewater Treatment & Disposal Board on October 15,2009. as set forth on
23 he attached Exhibit "A".
24
25 Section 3. This Resolution shall take effect immediately upon passage.
26 PASSED AND ADOPTED this :3 M day of November, 2009.
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29 BOYNTON BEACH,
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40 TTEST:
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43 Yn. P/L~
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45 Commissioner- Marlene Ross
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_ ,_SCRWTDB_Quarterly-Meeting_1 0-15-09 _Ratification.doc
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RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF OCTOBER 15, 2009
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on
OCTOBER 15, 2009 by a vote of 7-0, Approved the Revised Industrial
Waste and Pretreatment Agreement between South Central Regional and
the City of Boynton Beach and the City of Delray Beach.
WHEREAS, said Board action requires ratification by the City of Delray Beach and the City
of Boynton Beach.
NOW, THEREFORE, the City of Boynton Beach hereby ratifies said Board action
independently.
The above action is hereby ratified in open session by the City of Boynton Beach this _
day of , bya vote.
CITY OF BOYNTON BEACH
By:
Mayor/City Manager
Attest:
City Clerk
Approved as to form:
City Attorney
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INDUSTRIAL WASTE AND PRETREATMENT AGREEMENT
THIS INDUSTRIAL WASTE AND PRETREATMENT AGREEMENT is entered into by and
between the SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL
BOARD, an entity created by Interlocal Agreement pursuant to Florida Statutes Section 163.01
(hereinafter referred to as POTW), the CITY OF BOYNTON BEACH, FLORIDA, a municipal
corporation, and the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation (both of
which are collectively referred to herein as the CITIES).
WITNESSETH:
WHEREAS, it is a requirement of the POTW to comply with all applicable State and Federal
laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations 40
CFR, Part 403; and
WHEREAS, by the terms of that certain Interlocal Agreement dated December 26, 1974,
between the CITIES, the POTW was created and the CITIES became the sole, direct customers
of the POTW; and
WHEREAS; by the terms of the above referenced Interlocal Agreement, the CITIES, as the sole
customers of the POTW, then sell wastewater treatment and disposal services directly to users
as well as to industrial users; and
WHEREAS; in order to comply with the provisions of the above referenced Clean Water Act as
well as State and Federal law, the parties hereto are desirous of entering into this Agreement
setting forth the terms and conditions upon which the CITIES may discharge wastewater
effluent to the POTW's regional treatment facilities and, further, that pursuant to the terms of this
Agreement, the CITIES, as condition to the discharge permit being granted hereby, agree to
adopt an industrial waste and pretreatment ordinance with terms, conditions, and provisions no
less stringent than the terms set forth in this Agreement for the regulation of the issuance and
compliance with discharge permits to the CITIES', users and industrial users.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained
the adequacy of which is hereby acknowledged, the parties hereby agree as follows:
1. Purpose
The purpose of this Agreement is to regulate industrial waste pretreatment facilities and
discharge of waste into the Publicly Owned Treatment Works (POTW) operated by the
South Central Regional Wastewater Treatment and Disposal Board and providing for
pollutant limitations, data collection, monitoring, sampling, and providing for penalties for
the violation thereof for the following purposes:
A) To prevent the introduction of pollutants into the CITIES' wastewater system
which will interfere with the normal operation of the wastewater collection system
or the wastewater treatment plant. or which will contaminate the resulting
municipal sludge;
B) To prevent the introduction of pollutants into the CITIES' wastewater collection
system which do not receive adequate treatment by the POTW, and which will
F:\docsILOCAL LfMITSILocal Limits Agreement.doc Page 1
pass through the system into receiving waters or the atmosphere or otherwise be
incompatible with the system;
C) To improve the opportunity to recycle and reclaim wastewater and sludge from
the system.
2. Policy and Scope
The POTW 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.
The terms of this Agreement shall be incorporated into an ordinance adopted by the
CITIES respectively to regulate their users' discharge of wastewater into the portion of
the sewer collector system located within the City of Boynton Beach and/or the City of
Delray Beach and any other portion controlled or operated therein.
The policy is established that the provisions of this Agreement will be enforced to the
fullest extent possible under the provisions of Federal Pretreatment Regulations 40 CFR
Part 403 and Chapter 62-625 Florida Administrative Code (FAC) 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.
3. Applicability to All Users
The regulations of this Agreement 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 Gulfstream, and contributions from
incorporated or unincorporated agencies of Palm Beach County. Furthermore, all local
government users shall be required, within 60 days after enactment of this Agreement
and notice thereof, to enact ordinances substantially similar to this Agreement and to
apply and enforce the same to all users of their public and sanitary sewer systems.
4. Definitions
As used in this Agreement, 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.
"Authorized Representative of Industrial User"; An authorized representative of an
industrial user which may be a principal executive officer of at least the level of Vice
President, if the industrial is a corporation, a general partner or proprietor, if the industrial
is a partnership or proprietorship, respectively, or a duly authorized representative of the
individual designated above, if that representative is responsible for the overall operation
of the facilities from which the indirect discharge originates.
"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.
F:ldocsILOCAL LfMITS\Local Limits Agreement.doc Page 2
"Board (POTW)": The Board of Directors of the South Central Regional Wastewater
Treatment and Disposal Board.
"BOD (Denotinq Biochemical Oxvqen Demand)": The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedure in five (5)
days at 20 degrees Celsius. expressed in milligrams per liter.
"Buildinq Sewer": Sewer conveying wastewater from the premises of a user to the
collection system which transmits wastewater to the POTW.
"Cateqorical Standards": National categorical pretreatment standards or pretreatment
standard.
"Chemical Oxyqen Demand (COD)": 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" or "Cities": The City of Boynton Beach and/or the City of Delray Beach; all that
land and water area included within the boundaries of the "Citv" in which the
Commission proposes to acquire, establish, construct, extend, operate, and maintain
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
Agreement.
(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 sewer utility companies consent to the provisions of this
Agreement.
"Collection Svstem": The system of public sewers to be operated by the City and
connected to the POTW 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 publicly owned
treatment works 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.
"Coolinq Water": The water discharged from any use such as air conditioning, cooling, or
refrigeration, or to which the only pollutant added is heat.
"Direct Discharqe": The discharge of treated or untreated wastewater directly to the
waters of the state.
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"Director of Public Utilities. Utilities Director, or Director": This refers to the
individual in charge of the Public Utilities Department in either City or his/her
specific designee.
"Discharqe": 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 mayor may not contain ground water, surface water, or
stormwater.
"Environmental Protection Aqency" or "EPA": The U. S. Environmental Protection
Agency, or where applicable, 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.
"Garbaqe": The animal and vegetable waste resulting from the handling, preparation,
cooking, and serving of foods.
"Grab Sample": A sample which is taken from a waste stream on a one-time basis with
no regard to the flow in the waste stream and without consideration of time.
"Grantee": Recipient of a federal grant for all or a portion of a treatment works as
administered by the Environmental Protection Agency.
"Holdinq Tank Waste": Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks, and vacuum-pump trucks.
"Indirect Discharqe": The discharge or introduction of non-domestic pollutants from any
source regulated under Section 307(b) or (c) of the Act, (33 U.S.C. 1317), into the POTW
(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.
"Industrial or Commercial Waste Discharqe 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 Recoverv": Recovery by a federal grantee from the industrially classified
users of a treatment works of the grant amount allocable to the treatment of waste from
those users.
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"Industrially Classified User"; An industrial or commercial user whose liquid wastes are,
in part, made up of flows related to industrial processes, 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).
"Interference"; The inhibition or disruption of the POTW treatment processes or
operations which contributes to a violation of any requirement of the NPDES permit or
reduces the efficiency of the POTW. The term also includes prevention of sewage
sludge use or disposal by the POTW.
"Milliqrams per Liter mqll)"; The number of units of minor constituents present with each
one million units of the major constituent of a solution of mixture. "Milliqrams per Liter"
shall be considered equivalent to parts per million.
"Monitorinq Costs"; Those costs incurred by the City in performing monitoring and/or
sampling as prescribed by 40 CFR 403.
"National Cateqorical Pretreatment Standard"; Any federal regulation containing
pollutant discharge limits promulgated by the EPA which applies to a specific category of
industrial users.
"National Pollutant Discharqe Elimination Svstem" or "NPDES Permit"; A permit issued
pursuant to Section 402 of the Act (33 U.S.C. 1342).
"National Prohibitive Discharqe Standard" or "Prohibitive Discharqe 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"; Any source, the construction of which is commenced after the publication
of the proposed Pretreatment Standards under Section 307(c) of the Act, and which
conforms to 40 CFR 403(k).
"Pass Throuqh": A discharge of a pOllutant from the POTW when such discharges
causes a violation of any requirement of the POTW's NPDES permit, or a violation of
a State of 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 POTW. 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 City or permit or by State or Federal law;
(2) Discharges wastewater which substantially differs in nature and constituents from
the user'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 POTW 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 POTWs violations.
"Person": Any individual, firm, company, association, society, corporation, or group.
"Q]j": Logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of
solution.
"Pollutant": Any dredged spoil, solid waste, incinerator residue, sewage, garbage,
sewage sludge, munitions, chemical wastes; biological materials, radioactive materials,
heat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal,
and agricultural waste discharged into water.
"Pollution": The man-made or man-induced alteration of the chemical, physical,
biological, and 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 prior
to or in lieu of discharging or otherwise introducing those pollutants into a POTW. The
reduction or alteration can be obtained by physical, chemical, or biological processes, or
other 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 POTW.
"Pretreatment Standards": National categorical pretreatment standards or alternative
discharge limits, whichever is applicable.
"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 City of Boynton
Beach and/or the City of Delray Beach (POTW).
"Properlv Shredded Garbaqe": 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.
"Reqional 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.
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"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.
"Sanitarv Sewaqe": 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.
"Sewaqe": A combination of the water-carried wastes from residences, business
buildings, institutions, and industrial establishments, together with ground, surface, and
stormwaters as may be present.
"Sewaqe Works": All facilities for collecting, pumping, treating, and disposing of
wastewater including the POTW.
"Sewer": A pipe or conduit for carrying sewage.
"Shall" is mandatory; "May" is permissive.
"Siqnificant Industrial User": Any industrial user of the Board Treatment Plant who: has a
discharge flow of 25,000 gallons or more per work day; has a flow greater than 5% of the
flow in the City's collection system; has toxic pollutants in excess of limits defined
pursuant to Section 307 of the Act, Florida Statutes; or is judged by the POTW, City,
State, or U. S. Environmental Protection Agency (EPA) to have significant impact, either
singly or in combination with other contributing industries, on the wastewater treatment
system, the quality of sludge, the system's effluent quality, or air emissions generated by
the system.
"Siqnificant Non-Compliance": Means that violations of this Agreement 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 pOllutant
during a six-month period exceeded (by any magnitude) the applicable daily
maximum limit or the applicable average 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 average 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 or POTW personnel or the general public;
(4) A discharge caused imminent endangerment to human health, welfare. or the
environment and resulted in the City exercising its emergency authority under
Section 30 of this Agreement;
(5) Failure to meet a compliance schedule milestone date within ninety (90) days 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.
"Siqnificant 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 POTW exercising its emergency authority under Section 403.8(F)(1 )(8) of the Act.
"Sluq": 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 POTW to supervise the operation of the
publicly owned treatment works and who is charged with certain duties and
responsibilities by this Agreement, or his duly authorized representative.
"Surcharqe": 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.
"Total Toxic Orqanics (TTO)": Which is the summation of all quantifiable values greater
than 0.01 milligrams per liter for the toxic organics listed under 40 CFR 433.11.
"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.
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"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, forcemains, lift
stations, and collection systems.
"User": Any person who contributes, causes, or permits the contribution of wastewater
into the POTW.
"User Charqe" 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 POTW.
'Wastewater Treatment Plant": Any arrangement of devices and structures used for
treating wastewater, such as the POTW.
"Watercourse": A channel in which a flow of water occurs, either continuously or
intermittently.
5. Compliance with Provisions or More Strinaent Reaulations
The use of public sanitary sewers and the POTW shall be as outlined in this Agreement
or if more stringent standards are promulgated by law, then the more stringent standards
shall supersede and be considered a part of this Agreement.
6. Disposal of Sewaae Other Than Throuah Reqional 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, or federal
law.
S) The disposal of sewage to the POTW shall be as outlined in this Agreement and
shall be subject to standards which meet or exceed the CITIES' industrial and
commercial waste ordinance requirements as shall exist from time to time, and
shall also be subject to the provisions of the Interlocal Agreement dated
December 26,1974, between the CITIES creating the POTW.
7. Riqht to Refuse Waste Upon Noncompliance
The CITIES shall adopt within their ordinance the right to refuse waste from any user
where wastewater does not comply with the requirements of this Agreement.
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8. Damaaina or Tamperina With Sewaae Works
The CITIES shall adopt ordinances requiring that no person shall break, damage,
destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment
which is part of the sewage works.
9. Permit Reauired for Use of Public Sewer
No unauthorized person shall be permitted to uncover, make any connections with or
openings into, use, alter, or disturb any public sewer or appurtenance thereof without
first obtaining a written permit or permission from the proper official empowered to do so
by the CITIES, individually, whose public sewer is affected.
10. Wastes Discharaed Into Sanitary Sewers to Meet Criteria
The CITIES shall each be responsible to adopt ordinances or regulations to assure that
all waste discharged to public sanitary sewers, which in turn discharge to the regional
treatment facilities (POTW) , shall meet or exceed the following criteria:
A) No person shall discharge or cause to be discharged any stormwater, surface
water, ground water, roof runoff, subsurface drainage, uncontaminated cooling
water, or unpolluted industrial process waters to any sanitary sewer.
S) 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.
C) No person shall discharge or cause to be discharged any of the fOllowing
described waters or wastes to any sanitary sewers:
(1 ) Flammable or explosive liquids or solids or gas including, but not limited
to, gasoline, benzene naphtha, fuel oil, or other materials with a closed-
cup flash-point of less than 140 degress Fahrenheit. (60 degrees Celsius)
using the test methods specified in 40 CFR 261.21.
(2) 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, constitute a hazard to humans or animals, create a public
nuisance, or create any hazard in the receiving waters of the wastewater
treatment plant.
(3) Solid or viscous substances in quantities of a size capable of causing
obstruction to the flow in sewers, or other interference with the proper
operation of the sewer works such as, but not limited to, ashes, cinders,
sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics,
wood, un-ground garbage, whole blood, paunch manure, hair and
fleshings, entrails, paper dishes, cups, milk containers, and the like, either
whole or ground by garbage grinders.
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D) 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 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 prohibited are as follows:
(1 ) Any liquid having a temperature higher than 150 degrees Fahrenheit or
causing the wastewater treatment plant influent to exceed 104 degrees
Fahrenheit.
(2) Any water or waste containing fats, wax, grease, or oils (whether
emulsified or not) in excess of 100 milligrams per liter or containing
substances which may solidify or become viscous at temperatures
between 32 degrees Fahrenheit and 150 degrees Fahrenheit (0 degrees
Celsius and 60 degrees Celsius). 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.
(3) Any waters or wastes containing strong acid, iron, pickling wastes, or
concentrated plating solutions whether neutralized or not.
(4) 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 composite sewage to
meet the requirements of the state, federal, or other public agencies of
jurisdiction for that discharge to the receiving waters.
(5) Any garbage that has not been properly shredded, which shall mean the
wastes from the preparation, cooking, and dispensing of food that have
been shredded to a degree that all particles will be carried freely under
the flow conditions normally prevailing in public sewers, with no particle
size greater than 1/2 inch of any dimension.
(6) Any water or wastes having a pH lower than 5.5 or higher than 9.5 or
having any other corrosive property capable of causing damage or hazard
to structure, equipment, or personnel or any waste treatment works.
(7) Any wastes containing toxic substances in quantities in excess of the
following limits and measured at the point of discharge into any sewer
system, or any substance that will pass through the waste treatment
facilities and exceed the state and federal requirements for receiving
waters:
F:ldocsILOCAL L1MITSILocal Limits Agreement.doc Page 11
Parameter Limit
Meta/s
Arsenic 1.14 mg/I
Cadmium .93 mg/I
Chromium - Total 17.97 mg/I
Copper 17.59 mg/I
Lead 1.76 mg/I
Mercury .45 mg/I
Molybdenum 2.50 mg/I
Nickel 5.37 mg/I
Selenium 2.96 mg/I
Silver 4.49 mg/I
Zinc 2.28 mg/I
/noraanics
Chloride 645 mg/I
Cyanide 1.72 mgll
pH 5.5 - 9.5 std units
Temperature 150 degrees Fahrenheit
Oraanics
CBOD 400/700' mg/I
COD 800/1,500' mg/I
Oil and Grease 100/240' mg/I
Petroleum Hydrocarbons 25 mg/I
Phenol 5.0 mg/I
Total Toxic Organics (TTO) 5 mg/I (No 1 > 1.0 mgll)
TSS 400/500' mgll
Particle Size <1/2 inch
Radioactive Elements Are Prohibited
'Lower Surcharge Limit/Upper Local Limit Subject to Enforcement
Action.
F:\docs\LOCAL L1MITS\Local Limits Agreement. doc Page 12
(8) Any waste from sodium-cycle cation exchange (water softening) units
from industrial or commercial users where the chloride content exceeds
645 milligrams per liter.
(9) 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.
(10) Any water or waste with a chlorine demand greater than 15 milligrams per
liter.
(11 ) Any radioactive isotopes without a special permit issued by the City.
(12) Under no conditions will the discharge of domestic, sanitary, industrial, or
commercial waste be permitted into the storm sewer system.
(13) 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.
(14) Volume of flow or concentration of wastes constituting slugs as defined
herein.
(15) 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.
(16) Any waters or wastes containing suspended solids in excess of 400
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.
(17) Any waters or wastes with a five (5) day, 20 degrees Celsius BOD greater
than 400 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.
(18) Any waters or wastes containing Chemical Oxygen Demand (COD)
greater than 800 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.
E) 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 Subsection D of this Section, and which, in the
judgment of the POTW Executive Director, may have a deleterious effect
upon the sewage works, processes, equipment, or receiving waters, or
F:ldocsILOCAL L1MITSILocal Limits Agreement.doc Page 13
which otherwise create a hazard to life or constitute a public nuisance, the
Executive Director may evoke any of the following:
(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 existing fees or sewer charges as contained in the
strength charge system.
If the POTW 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 POTW and the City and subject to the
requirements of applicable codes, ordinances, and 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.
F) Grease, oil, and sand interceptors are to be provided when, in the opinion of
the Executive 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.
G) Where preliminary treatment or flow equalizing facilities and/or interceptors
like but not limited to grease traps, lint traps, or grit traps are provided for
any water or wastes, they shall be maintained continuously in satisfactory
and effective operation by the user at his expense. Interceptors must have
watertight closures for their inspection covers. The covers themselves must
be of a type which conforms with the Plumbing Codes of the Building
Department of the City regulating the installation and maintenance of the
interceptors. Use of solvents, detergents, soaps, and/or degreasers is
restricted to those levels which do not interfere with the proper functioning of
the interceptors.
11. Admission of Industrial and Commercial Waste
The Cities shall adopt an appropriate Strength Surcharge System and ordinances and/or
regUlations intended to require their users of the public sewers or sanitary sewers to
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.
F:ldocsILOCAL L1MITSILocal Limits Agreement. doc Page 14
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) Approval in advance by the City is required for the admission of industrial or
commercial wastes into the public sewers having the following:
(1) A five day, 20 degrees Celsius BOD. greater than 400 milligrams per liter
or chemical oxygen demand (COD) greater than 800 milligrams per
liter.
(2) A suspended solids content greater than 400 Milligrams per liter.
The user shall provide chemical analyses of the discharge according to a
schedule to be established by the POTW and continued discharge shall be
subject to approval by the City.
C) Samples shall be collected so as to be a representative sample of the actual
quality of the wastes. Samples for analysis may be collected by the user or
his representative. Analysis shall be made by a registered sanitary engineer
or graduate chemist whose qualifications 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 wastewater as set forth in 40 CFR 136.
D) When required by the Utilities Director, any establishment discharging
industrial or commercial wastes into the sewer system shall construct and
maintain (at its sole expense) a suitable control manhole or other suitable
control station downstream from any treatment, 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 shall 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 system to
verify in-product water retention or other uses of metered flow, they may (at
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 POTW 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 Agreement and the appropriate City
Ordinances.
F:\docsILOCAL LiMITSILocal Limits Agreement. doc Page 15
12. Compliance
A) The CITIES shall adopt ordinances which require industrial users to provide
necessary wastewater treatment as required to comply with this Agreement
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 POTW. Industrial with integrated facilities
shall comply with any alternative discharge limits as set by the City. Any
facility 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) All records relating to compliance with pretreatment standards shall be
available to officials of the City, the POTW, EPA, or FDEP upon request.
13. Application of More Strinaent Reauirements: City Shall Notify Affected Users
Upon 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 Agreement for sources in that
subcategory, shall immediately supersede the limitations imposed under this
Agreement and shall be considered part of this Agreement. After the CITIES
receive notice, the CITIES shall notify all affected users of the applicable reporting
requirement's under 40 CFR 403.12.
14. POTW Board's Right of Revision
The POTW Board reserves the right to establish by resolution more stringent
limitations or requirements on discharges to the wastewater disposal system if
deemed necessary to comply with the objectives presented in this Agreement.
15. Excessive Discharge
The CITIES shall adopt ordinances intended to prohibit all users 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.
16. Prevention of Accidental Discharges
A) The CITIES shall adopt ordinances to mandate that, where needed, a user
shall provide protection from accidental discharge of prohibited materials or
other substances required by this Agreement. Facilities to prevent
F:ldocsILOCAL L1MITS\Local Limits Agreement. doc Page 16
accidental discharge of prohibited materials shall be provided and
maintained at the Owner's expense.
S) 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 now specified in, but not
limited to, 40 CFR 264.170 through 176. Containment requirements must
meet or exceed the fallowing criteria of this Agreement:
(1) Containment Volume to be Provided shall be 150% of one item or
150% of the largest item or 15% of the total to be stored, whichever
is to be largest.
(2) Total Above-ground Storage shall be less than 40,000 gallons. No
one item larger than 6,000 gallons and no more than six (6) items at
6,000 gallons each are permitted at one site.
(3) Storaae Shelterina: All outdoor storage shall be sheltered from
rainfall, or a suitable means of removing rainwater shall be provided.
(4) 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
stored containers shall be closed and sealed during storage.
(5) Seareaation of ChemicallY Reactive Contents: Materials which
are potentially reactive with each other shall not be stored in the
same containment area (unless physical barrier separations are
provided within the common area).
(6) Stand-bY Materials/Eauipment: Absorbents and pumps for pumping
out spills shall be available when needed.
(7) Desian 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.
(8) 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 POTW Board, the City shall require the user to submit
to the City for review 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 Agreement shall not be permitted to introduce
pollutants into the system until accidental discharge procedures have been
F:ldocs\LOCAL L1MITSILocai Limits Agreement.doc Page 17
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) The CITIES shall adopt ordinances that mandate that, 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 POTW, and
the POTW. The notification shall include location of discharge, type of
waste, concentration and volume, and correction actions.
17. Written Report Reauired Describina Cause of Discharae
Within five (5) days following an accidental discharge, the CITIES' ordinance shall
require the user to submit to the POTW and to 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
public/sanitary sewer system, the sanitary sewer system, the POTW, 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 Agreement
or other applicable law.
18. Notice of Violation/Repeat Samplina and Reportina
If sampling performed by a user indicates a violation, the user must notify the
CITIES within twenty-four (24) hours of becoming aware of the violation. The user
shall also repeat the sampling and analysis and submit the results of the repeat
analysis to the CITIES within thirty (30) days after becoming aware of the violation.
The user is not required to resample if the CITIES monitors at the user's facility at
least once a month, or if the CITIES samples between the user's initial sampling
and when the user receives the results of the sampling.
19. Notice to Employees in Event of Danaerous Discharae: Emeraencv Notification
Procedure
The CITIES' ordinances shall require a notice to 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.
20. Notification of the Discharae of Hazardous Wastes
A) The Cities shall adopt ordinances intended to require all industrial users to
have provisions for notifying the Executive Director of the POTW 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 waste under Section 3001 of
RCRA or 40 CFR part 261. Such notification must include a description of
any such wastes discharged, specifying the volume and concentration of
such wastes and the type of discharge (continuous, batch, or other),
F:ldocsILOCAL L1MITSILocal Limits Agreement. doc Page 18
identifying the hazardous constituents contained in the listed wastes, and
estimating the volume of hazardous wastes expected to be discharged
during the following twelve (12) months. This requirement shall not apply to
pollutants already reported under the self-monitoring requirements.
B) Dischargers are exempt from requirements during a calendar month in which
they generate no more than 100 kilograms of hazardous wastes, unless the
wastes are acute hazardous wastes which requires a one-time notification.
Subsequent months during which the industrial user generates more than
100 kilograms of hazardous wastes do not require additional notification,
accept for the acute hazardous wastes specified in 40 CFR 261.5(e), (f), (g),
and 0).
C) In case of the new regulations under Section 3001 of RCRA identifying
additional characteristics of hazardous wastes or listing any additional
substance as a hazardous waste, the industrial user must notify the Utilities
Director of the discharge of such substance within ninety (90) days of the
effective date of such regulations, except for the exemption in Paragraph 2
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.
21. Compliance Date Report
Within ninety (90) days following the date for final compliance with applicable
pretreatment standards or, in the case of a new source, following commencement
of the introduction of wastewater into the public/sanitary sewer system, each City
shall submit to the Executive 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 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 and certified to by a qualified
representative.
22. Periodic Compliance Report
Each City shall submit to the POTW during the months of June and December,
unless required more frequently in the pretreatment standard or by the POTW, 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 all daily flows which, during the reporting period, exceed
the average daily flow reported in the submission information. At the discretion of
F:ldocsILOCAL L1MITSILocal Limits Agreement. doc Page 19
the POTW and in consideration of those factors as local high or low flow rates,
holidays, budget cycles, and the like, the POTW may agree to alter the months
during which the above reports may be submitted.
23. MonitorinQ Facilities
A) Each City may require to be provided and operated, all at the user's own
expense, monitoring facilities to allow inspection, sampling, and flow
measurement for the building sewer or internal drainage systems. The
monitoring facility should normally be located on the user's premises, but the
City may, when a location would be impractical or cause undue hardship on
the user, allow the facility to be constructed in the public street or sidewalk
area located so that it will not be obstructed by landscaping or parked
vehicles. There shall be ample room in or near the sampling manhole or
facility to allow accurate sampling and preparation of samples for analysis.
B) The facility, sampling, and measuring equipment shall be maintained at all
times in a safe and proper operating condition at the expense of the user.
Whether constructed on public or private property, the sampling and
monitoring facilities shall be provided in accordance with plans and
specifications submitted to and approved by each City and all applicable
local construction standards and specifications. When required,
construction of those facilities shall be completed within ninety (90) days
following written notification by the City.
24. Inspection and SamplinQ
Each City, through its employees, is authorized to inspect the facilities of any user
to ascertain whether the purpose of this Agreement 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, POTW, state, DEP, and EPA shall have the right to set up
on the user's property those devices that 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 their premises, the user shall make necessary arrangements with
their security guards so that upon presentation of suitable identification, personnel
from the City, POTW, DEP and EPA will be permitted to enter, without delay, for
the purposes of performing their specific responsibilities.
25. Information and Data to be Made Available
Information and data on a user obtained from reports, questionnaires, permit
applications, permits and monitoring programs, and from inspections shall be made
available to the public or other governmental agency in accordance with applicable
state statutes or federal law.
F:ldocsILOCAL L1MITS\Local Limits Agreement. doc Page 20
26. Special Permit Required: Term
A special permit will be required by the POTW for each City. The fixed life of a
permit is set for one year from date of issue, and a renewed waste discharge permit
will have a fixed life of one year. These permits involve the implementation of a
formula for surcharge for wastes which exceed the sewage parameters for strength
as set forth herein and also require enforcement by the Cities to prevent the
discharge of wastes which exceed the sewage parameters for strength as defined
in the Agreement. In order to effect these provisions, each City shall provide for
development of a permit program for its users.
27. Application for Permits
The Cities agree to administer a waste discharge permit program for all their
industrial users as follows:
A) The application for a waste discharge permit shall be of a form specified by each
City.
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 petition specific conditions of the permit for a period of thirty (30)
calendar days following the date of issuance. After this period, the permittee
waives all right to petition the conditions of the permit.
C) The initial permit shall be effective for a period of no more than 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 in
an amount as established by each City as a Permit fee plus the City's monitoring
costs as prescribed by 40 CFR, 403.
(1 ) Industrial and Commercial Waste Discharqe Permit Form: The form of
permit for industrial and commercial wastes shall be as specified by each
City. Specific provisions for continued acceptance by each City of the
waste shall be attached to and made a part of the permit to discharge.
Each City may prescribe those items as equalized flow discharge, pre-
chlorination, or additional limitations on waste characteristics not
adequately described in this Agreement, or may prescribe pretreatment
quality, requirements for the waste flow in detail.
(2) Renewal of Industrial and Commercial Waste Discharqe Permit: The
application for a renewed waste discharge permit shall be of a form
specified by each City.
F:ldocsILOCAL L1MITS\Local Limits Agreement.doc Page 21
E) Administration of Permits:
(1) The administration of the industrial and commercial waste discharge
permit program and the application of the surcharge formula imposes
additional obligations of the Cities.
(2) The Cities, in addition to determining the waste flow volumes and
analyzing the wastes strengths for development of the surcharge, must
also maintain an accurate record of the permit applications, permits,
meter installation details, meter calibrations, and shall make available to
each establishment the necessary renewal application forms.
28. Application of Surcharae Over Standard Use Fee
A) The Cities shall adopt ordinances providing for a surcharge to be applied
over and above the standard sewer use fee when the wastes from lot or
parcel of land, upon which there is located any building or activity, contain
BOD, COD, Ammonia, or suspended solids concentration higher than
defined herein.
B) The surcharge in dollars shall be computed by the formulas established by
the Cities for the user charge and industrial cost recovery system.
C) Nothing in this Agreement shall restrict the City from making additional
adjustments in rates if it is found that the nature or quantity of the wastes
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.
29. Responsibilitv for Treatment and Disposal
The POTW 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.
30. Riaht to Enter Premises and Obtain Information Concernina Discharaes
A) To the extent permitted by general law, the proper official and other duly
authorized employees of the City or the POTW bearing proper credentials
and identification shall be permitted to enter all properties for purposes of
inspection, observations, measurement, sampling, and testing in accordance
with the provisions of this Agreement. 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 POTW bearing proper credentials
and identification shall be permitted to enter all private properties through
F:\docs\LOCAL L1MITSILocal Limits Agreement. doc Page 22
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.
31. Suspension of Wastewater Treatment Service: Notice to Stop DischarQe: Failure
to Comply
A) The Cities shall adopt ordinances providing that each City may suspend the
wastewater treatment service to any user, including other local
governments, when the suspension is necessary, in the opinion of the City,
in order 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 POTW, caused the
POTW to violate any condition of its NPDES permit, or causes the City to be
in violation of any of its agreements with the POTW.
B) The Cities shall require that 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 City to cause the user to
voluntarily comply with the suspension order, the POTW shall take steps as
deemed necessary, including immediate severance of the sewer connection,
to prevent or minimize damage to the POTW systems or endangerment to
any individuals. The POTW 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 the measures taken to prevent any future occurrence shall
be submitted to the City within fifteen (15) days from the date of the
occurrence.
32. Notification of Violations
Whenever the POTW finds that any City has violated or is violating any of the
provisions of this Agreement, or any prohibition, limitation requirements contained
herein, or any regulations promulgated by the City pursuant to this Agreement, the
POTW may serve upon that City a written notice stating the nature of the violation.
Within thirty (30) days of the receipt of the notice, a plan for the satisfactory
correction thereof shall be submitted to the POTW by the City.
33. Publication of Users in SiQnificant Non-Compliance
The POTW or the City shall publish annually, in the largest daily which, during the
previous 12 months, were in significant non-compliance with applicable
pretreatment standards and requirements. The term significant non-compliance
shall mean:
A) Chronic violations of wastewater discharge limits, defined here as those in
which sixty-six percent (66%) 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;
F:\docsILOCAL L1MITSILocal Limits Agreement.doc Page 23
B) Technical Review Criteria (TRC) violations, defined here as those in which
thirty three percent (33%) 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 (1.4 for BOD, TSS, fats, oils, and grease and 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 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 non-compliance;
H) Any other violations which the City determines will adversely affect the operation
or implementation of the locai pretreatment program.
34. False Statements of Documents Prohibited
No person shall knowingly make any false statements, representation, or
certification in any application record, report, plan, or other document filed or
required to be maintained pursuant to this Agreement, or falsify, tamper with, or
knowingly render inaccurate any monitoring device or method required under this
chapter.
35. Show Cause Hearinll
A) Any party subject to enforcement action under the provisions of this Agreement
may request a hearing before the Executive Director within ten (10) days of
receipt of notification or proposed enforcement action. A hearing is to be held by
the Director concerning the violation, the reasons why the action is to be taken,
the proposed enforcement action, and directing the user to show cause before
the Executive Director why the proposed enforcement action should not be
taken.
B) The Executive Director may conduct the hearing and take the evidence, or, at the
Executive Director's sole discretion, may designate the POTW attorney or an
independent arbitrator to:
F:ldocsILOCAL L1MiTSILocal Limits Agreement.doc Page 24
(1) Issue, in the name of the Executive Director, 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) Transit a report of the evidence and hearing, including transcripts and
other evidence, together with recommendation to the Executive Director or
his designee for action thereon.
C) At any hearing held pursuant to this Agreement, 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 Executive Director or his designee has reviewed the evidence, he may
issue an order to the user responsible for the non-compliance(s) stating that,
following a thirty (30) day time period to provide remediation of non-
compliance(s), penalties as per this Agreement shall go into effect. Further
orders as are necessary and appropriate may be issued.
E) The POTW shall also establish appropriate surcharges or fees to the Cities to
reimburse the POTW for the additional cost of operation and maintenance of the
wastewater treatment works due to the violation of this Agreement.
F) Any action by the Executive Director or his designee may be appealed to the
POTW Board.
G) Costs for conducting a Show Cause Hearing shall be borne by the user
requesting the hearing, if the enforcement action is upheld.
36. Legal Action Aaainst User 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 Agreement, federal or state
pretreatment requirements, or any Order of the City, and the City has not timely taken
appropriate action to prevent such a violation, the POTWs attorney may commence an
action against the City within whose collection system the violation is occurring, for
appropriate legal relief, in the appropriate court which has jurisdiction.
37. Retention of Records Reauired
The Cities shall adopt ordinances which require all users 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,
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 POTW or the City pursuant
hereto shall be retained and preserved by the user until all enforcement activities have
concluded and al! periods of limitation with respect to any and all appeals have expired.
F:\docsILOCAL L1MITSILocal Limits Agreement. doc Page 25
38. Enforcement Plan
The Cities shall adopt ordinances providing for an escalating enforcement strategy to be
used by the Cities to maintain compliance with this Agreement. The various types of
enforcement actions shall be used as determined by the Utilities Director depending on
the severity of the violation. A copy of the enforcement plan will be kept on file at the
POTW.
39. Penalties
The Cities shall adopt, by ordinance, as a minimum, the following penalties:
A) Civil Penalties: The Cities shall adopt an ordinance providing that any user who is
found to have violated an Order of the City or Ordinance adopted to provide for
compliance with this Agreement or who fails to comply with any orders, rules, and
regulations issued by the City pursuant to this Agreement, shall be penalized up
to $1,000.00 per day for each offense. Each day on which a violation shall occur
or continue shall be deemed a separate and distinct offense. In addition to the
penalties provided herein, each City may, to the extent permitted or authorized by
law, recover reasonable attorneys' fees and other expenses of litigation by
appropriate motions or suit at law against the user/person found to have violated
this Agreement or the ordinances, orders, rules, regulations, and permits issued
hereunder.
S) Any person who shall continue any violation beyond the time limit provided for in
this Agreement shall be guilty of a violation, and on conviction thereof, shall be
penalized in the amount not exceeding $5,000.00 for each violation. Each day in
which any violation shall continue shall be deemed a separate offense.
C) Within thirty (30) days of any and all violations, the user shall cause a sample of
the discharge to be taken and laboratory analysis performed on said sample at
their expense with the results to be provided to the Utilities Director. The Utilities
Director may require further at such times as he deems appropriate.
40. Cost Recoverv Formula
At Board level, the costs for testing of each City's effluent line to the facility will vary with
the number and types of industries reported to exist in each City.
The following Cost Recovery Formula is hereby adopted and shall be applied to each
City on the basis of such monitoring activity:
41. This Agreement supercedes in their entirety, all prior Industrial Waste and
Pretreatment Agreements between the parties and all amendments thereto.
F:\docsILOCAL L1MITS\Local Limits Agreement.doc Page 26
BOARD ORDINANCE PRETREATMENT COST RECOVERY FORMULA
PCc = (Sa X So) + (Ac X Ao)
Formula Definitions:
PCc = Pretreatment Monitoring Charge per City
Sa = Sampling Activity Cost
So = Number of Samples
Ac = Analysis Cost
Ao = Number of Analyses
F:\docsILOCAL L1MITSILocal Limits Agreement. doc Page 27
.. I
,
.
I IN WITNESS WHEREOF, the parties hereto have executed this Industrial Waste and
Pretreatment .Agreement this I S'ft\ day of !XJ.n\t)eo' , 20~
SOUTH CENTRAL REGIONAL WASTEWATER
TREATM;N~AND~ISP~SALBOAR
BY:~~
Chairman Woodrow Hay
ATTEST:
c?1o/ci fle {}(J/YM;J
ecretary
CITY OF. BOYNTON BEACH
ATTEST:
Mayor
~
\J .~\.~~
City Clerk
APPROVED AS TO FORM:
By: 1?T14~,
Board Attorney/Roger Saberson
F:\docs\LOCAL L1MITS\Local Limits Agreement. doc
Page 28
,.
. .
o.
The above action is hereby ratified in open session by the City of Boynton Beach this ,G:.
day of 1'-1 OVei'tl b.....r 20.t4-.
Witnesses:
CITY OF BOYNTO~N BEACH .
~By k~
(;Mayor V . _
Attestl~. r. Yh. p~
~Ierk
/
(/
\'
Approved as to for
City Attorney
'i)-t!L
The above action is hereby ratified in open session by the City of Delray Beach this _ day
of b.e-C..e-IY1.b.M 20 DC,
City Clerk
\^rltn"'ss"'~'
ju:avL h I'Y1 a~
Q.." ;! i"'lJ
II
(SEAL)
App~fved(\as to form
~--r:rJ~
City Manager
~~G~'7
F.'\docs\LOCAL L1MITSILocal Limits Agreement doc
Page 29
Roq - 170
RA TIFICA TION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF OCTOBER 15, 2009
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on
OCTOBER 15, 2009 by a vote of 7-0, Approved the Amended and Restated
Interlocal Agreement for the Delivery and Use of Reclaimed Irrigation Water
between the City of Boynton Beach and the South Central Regional
Wastewater Treatment and Disposal Board.
WHEREAS, said Board action requires ratification by the City of Boynton Beach.
NOW, THEREFORE, the City of Boynton Beach hereby ratifies said Board action
independently.
The above action is hereby ratified in open session by the City of Boynton Beach this _
day of , , bya vote.
CITY OF BOYNTON BEACH
By:
Mayor/City Manager
Attest:
City Clerk
Approved as to form:
City Attorney
F '\docsIBOARD MEETINGSIRA T1FICA T10NS\2009-201 OIBoyntonBeachRatif 10-15-2009.doc
.:"-_genda ::::-;:em c..1::'.
AMENDED AND RESTATED INTERLOCAL AGREEMENT
FOR THE DELIVERY AND USE OF RECLAIMED IRRIGATION WATER
This Amended and Restated Interlocal Agreement (the "Agreement") is made this
, between the CITY OF BOYNTON BEACH, a Florida municipal
corporation organized and existing under the laws of the State of Florida, located In Palm Beach
County, Florida (hereinafter "BOYNTON") and the SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD, an entity created pursuant to Chapter 163, Florida
Statutes (hereinafter "BOARD").
WITNESSETH
WHEREAS, BOARD maintains and operates an area-wide Wastewater Treatment and
Disposal System ("Regional Facility") which is capable of producing reclaimed water which may
be used for productive and beneficial purposes and agricultural and urban irrigation in
accordance with local, state and federal guidelines; and
WHEREAS, the BOARD is a Special district created by an Interlocal Agreement between
BOYNTON and the City of Delray Beach, Florida for the purpose of treating and disposing of
wastewater produced by the customers of BOYNTON and the City of Delray Beach, as well as
producing and distributing reclaimed water therefrom; and
WHEREAS, in allocating the available reclaimed water capacity of the Regional Facility
BOYNTON agrees to share such available reclaimed water capacity (determined as hereinafter
set forth) with the City of Delray Beach on a SO/50 basis as herein provided, and
WHEREAS, the BOARD entered into contracts with The Country Club of Florida, Hunters
Run Goif & Racquet Club, Quail Ridge Country Club, Inc., Delray Dunes Golf and Country Club,
and Pine Tree Golf Club (collectively in this Agreement "Golf Course Cantracts") to reserve and
deliver reclaimed water, and
WHEREAS, the BOARD itself uses a certain amount of reclaimed water on the site of the
Regional Facility ("BOARD's Use"), and
WHEREAS, for purposes of determining the 50/50 split of available reclaimed water
capacity between BOYNTON and Delray Beach, BOYNTON agrees that the available reclaimed
water capacity to be split shall be determined by taking the total reclaim water capacity of the
BOARD, LESS the following: (il the amount required to be reserved and delivered by the BOARD
under the Golf Course Contracts and (Ii) the amount for the Board's Use, and
WHEREAS, the BOARD agrees, subject to the provisions of this Agreement, to deliver
reclaimed water to BOYNTON and BOYNTON agrees to receive and beneficially use this
reclaimed water in accordance with the purposes and requirements set forth in this
Agreement; and
WHEREAS, the BOARD and BOYNTON have previously entered into a Interlocal
Agreement for the Delivery and Use of Reclaimed Irrigation Water ("Previous Agreement"), and
WHEREAS, this Agreement amends, restates and replaces in its entirety the Previous
Agreement, and
WHEREAS, local governments are encouraged to implement programs for the use of
reclaimed water in the State of Florida.
NOW, THEREFORE, based upon the foregoing and incorporating the above WHEREAS
clauses herein, the parties agree to the following terms and conditions:
1. DELIVERY POINT. TERM OF AGREEMENT, AMOUNT OF RECLAIMED WATER AVAILABLE
TO BE DELIVERED, COSTS AND METERING
Page 2 of 12
BOARD shall deliver to BOYNTON reclaimed water produced by BOARD at the Regional
Facility in the amounts agreed to under this Agreement and BOYNTON shall accept and use
such reclaimed water to fulfill its irrigation needs, unless the flow is unavailable. Such reclaimed
water shall be delivered to a location hereinafter designated as the "delivery point". The
delivery point is located at the point where the existing reclaimed water pipeline owned and
operated by BOYNTON intersects with the northern property boundary line ofthe real property
on which the Regional Facility is located (such real property owned jointly by BOYNTON and the
City of Delray Beach). The BOARD shall perform its obligations of delivery of reclaimed water as
set forth in this Agreement and BOYNTON shall perform its obligation of acceptance of and use
such water as set forth in this Agreement.
(a) Once effective, this Agreement shall continue indefinitely unless terminated by either
party as provided in paragraph 10 hereafter.
(b) For purposes of this Agreement the amount of reclaimed water available to be
distributed and delivered by the BOARD to BOYNTON shall be determined as follows: The total
reclaimed water capacity of the Regional Facility LESS the following deductions: (I) the amount
required to be reserved and delivered by the BOARD under the Golf Course Contracts and (iil
the amount for the Board's Use. After taking the foregoing deductions "off the top" of the
BOARD's total reclaimed water capacity, the BOARD will make available to BOYNTON up to fifty
percent (50%) of the remaining reclaimed water produced by the Regional Facility.
(c) BOYNTON will pay to the BOARD a monthly consumption charge which will be
adjusted annually effective October 1 of each year based upon the rate set by the BOARD.
BOARD and BOYNTON agree that the Executive Director of the BOARD shall determine the
Page 3 of 12
monthly consumption of BOYNTON. The Executive Director will consider the following two
sources of information and any other information he deems relevant:
(1) The BOARD has a master meter for the Boynton service area and the BOARD will
review the monthly amount registered on this meter and deduct from it, the monthly
amount registered at the meters serving the properties under the Golf Course
Contracts,
(2) BOYNTON will by the 10th of each month provide the BOARD its measurement
of monthly flow for the prior month obtained from a reading of BOYNTON's meters
serving its reclaimed water customers.
(3) The Executive Director of the BOARD after considering both sources of
information referred to in (1) and (2) above and any other information he deems
relevant shall make a final judgment as to the amount of BOYNTON's monthly
consumption and BOYNTON shall pay its monthly consumption charge based on the
amount as determined by the Executive Director. The judgment of the Executive
Director of the BOARD shall be final except Boynton may challenge the Executive
Director's determination by providing written notice to the Executive Director, in which
case, the amount of its monthly consumption shall be reviewed by the BOARD for final
determination. Notwithstanding any challenge by BOYNTON as to the determination of
the Executive Director, BOYNTON agrees that it shall nonetheless (while the challenge is
pending) pay the BOARD each month its monthly consumption charges based upon the
amount of monthly consumption as determined by the Executive Director. If after
review of a BOYNTON challenge the BOARD determines that BOYNTON has paid more
than it should have paid, then BOYNTON shall be entitled to a refund of such amounts.
Page 4 of 12
(d) Notwithstanding anything in this Agreement, BOYNTON agrees that should a
shortfail of supply occur, BOYNTON will not receive any reclaimed water until after the BOARD
has reserved or delivered in full: (i) the amount of reclaimed water that the BOARD is obligated
to reserve and deliver under the Golf Course Contracts and (iI) the amount for BOARD's Use,
2. USE OF RECLAIMED WATER AND RESPONSIBILITY FOR IRRIGATIONS SYSTEM
(a) BOYNTON shall use reclaimed water delivered by the BOARD for irrigation or for
other non'potable purposes in any manner determined by BOYNTON, except that use,
distribution, application, and discharge of reclaimed water, and, the operation and
maintenance of the systems to use, distribute, apply, and discharge reclaimed water shall
comply with local, state, and federal laws, rules, and regulations.
(b) BOYNTON shall be solely responsible for the operation and maintenance of all
portions of the distribution and irrigation systems located within the subject property
boundaries specified in Exhibit A attached hereto except for the irrigation systems located
within the properties served by the BOARD under the Golf Course Contracts.
(c) The BOARD shall continue to serve and be responsible for metering reclaimed
water delivered under the Golf Course Contracts, until such time as the contracts are cancelled
or expire.
3. WATER QUALITY
The BOARD agrees that reclaimed water delivered under this Agreement shall meet or
exceed the requirements of Chapter 62-610, Part Iii, Florida Administrative Code.
4. OPERATING PRESSURE RANGE FOR DELIVERY AND BOARD ACCESS
The normal operating pressure range for the reclaimed water system is between SO psi
and 70 psi. The BOARD will make every effort to deliver reclaimed water at a minimum of 60
Page S of 12
psi at point of delivery. Should BOYNTON wish to alter the reclaimed water operating delivery
pressure, it shall be BOYNTON'S sole responsibility to do so at the meter to its customers'
service. Reclaimed water shall be delivered by the BOARD to only the delivery point. BOYNTON
hereby provides an easement to the BOARD to enter on BOYNTON'S property for the purposes
of access to monitoring wells, as discussed herein, if applicable for inspection, and to determine
compliance of the use of reclaimed water of the distribution system. The BOARD will, at its
expense operate and maintain the transmission lines (located on the site of the Regional
Facility) to delivery point. BOYNTON shall not request more reclaimed water than can be
beneficially used by BOYNTON.
S. DELIVERY OF RECLAIMED WATER UNDER ADVERSE CONDITIONS
Unforeseen circumstances may necessitate modifications of normal delivery of
reclaimed water. If the BOARD's system or BOYNTON'S transmission or distribution system fails
for reasons or events beyond either party's control then delivery of reclaimed water under this
Agreement may be interrupted or limited in quantity. The BOARD and BOYNTON shall make all
reasonable efforts to make prompt repairs to their respective system. Each party shall be
obligated to the other to provide immediate oral notice followed by prompt written notice
(facsimile shall be deemed sufficient notice) of such failures so that alternate systems may be
put into operation as soon as possible. Nothing in this Agreement shall require the
interconnection of the Regional Facility to provide additional flow to BOYNTON.
6. TEMPORARY SUSPENSION OF DELIVERY
The BOARD may suspend delivery of reclaimed water should the quality of the
reclaimed water exceed any of the parameters for water quality set forth in Chapter 62-610,
Part III, Florida Administrative Code, Subject to the other provisions of this Agreement
Page 6 of 12
BOYNTON may keep a permitted backup supply to replace this reclaimed water should it
become unavailable for whatever reason.
7. OPERATION AND MAINTENANCE PRACTICES
BOYNTON will use and apply reclaimed water in accordance with all applicable local,
state, and federal laws, rules and regulations. Irrigation practices are to be limited to those
areas permissible by the Department of Environmental Protection and within the area
identified in Exhibit A of this Agreement.
Reclaimed water irrigation systems shall protect human health and the environment;
which includes but is not limited to the following:
(a) BOYNTON shall install Reclaimed Water advisory signs as appropriate. The signs
shall be installed and properly maintained by BOYNTON around sites utilizing reclaimed water
to designate the nature of the water and its non-potability. In compliance with applicable rules
and the following items:
Property access points
Along road frontage
Along adjoining residential usage
For (Spanish) speaking employees - use signs in Spanish
For golf courses - sign at first and tenth tee
(b) BOYNTON will take reasonable precautions to clearly identify reclaimed water
irrigation systems to prevent inadvertent human consumption.
(c) BOYNTON shall ensure that no cross-connections are made between the
reclaimed water system and other water systems, which includes the installation of backflow
prevention devices on the potable water system and on existing wells that are to remain
connected for either potable water usage or for irrigation system purposes. The installation of
Page 7 of 12
backflow devices shall adhere to BOYNTON'S codes and regulations, as amended. BOYNTON
shall be responsible for ensuring the installation of the required backflow preventing devices.
(d) BOYNTON shall take reasonable precautions to inform its employees, agents
residents, and invitees of the reclaimed water system, to prevent its inadvertent human
consumption.
In addition, BOYNTON shall as required by applicable laws and regulations,
inform all existing residents and new residents regarding the proper use of reclaimed water.
(e) All costs for operating and maintaining BOYNTON'S irrigation distribution system
shall be paid by BOYNTON.
8. MONITORING
(a) BOYNTON shall give its approval to the BOARD to conduct soil borings and locate
monitoring wells, as applicable, on the property areas agreeable to BOYNTON so as not to
interfere with BOYNTON'S operations. These monitoring wells shall be installed and sampled at
periodic intervals by the BOARD, at its option,
(b) The BOARD shall be responsible for all permits to install monitoring wells and be
responsible for abandonment ofthe well should it no longer be necessary for monitoring.
9. EXCUSE FROM PERFORMANCE BY GOVERNMENTAL ACTS
If for any reason during the term of this Agreement, governmental agencies shall fail to
issue necessary permits, grant necessary approvals, or shall require any change in the operation
of the treatment, transmission, or distribution systems or, in the application and use of
reclaimed water by BOYNTON, then to the extent that such requirements shall affect the ability
of any party to perform any of the terms of this Agreement, the affected party shall be excused
from performance thereof and this Agreement shall be amended by the parties hereto in
Page 8 of 12
conformity with such permits, approvals, or requirements. If continued performance of the
Agreement is not possible, the Agreement shall be terminated.
10. TERMINATION OF AGREEMENT
Either party shall have the right to terminate this Agreement upon sixty (60) days
written notice to the other party.
11. DISCLAIMER OF REPRESENTATION AND WARRANTIES
The BOARD does not represent or warrant that the reclaimed water delivered shall
increase the productivity of the land described in Exhibit "A" or result in changes of any kind to
the iand, crops or vegetation,
12. NOTICES
All notices required or authorized under this Agreement shall be given in writing and
shall be delivered by U.S. mail, overnight courier or by hand delivery to the party or parties,
addressed as follows:
Ifto the CITY:
City of Boynton Beach
Attention: Utilities Director
124 E. Woolbright Road
Boynton Beach, FL 33435
with a copy to:
City of Boynton Beach
Attention: City Manager
100 E. Boynton Beach Boulevard
Boynton Beach, FL 3343S
and a copy to:
City Attorneys' Office
c/o Jim Cherof
3099 East Commercial Boulevard
Suite 200
Fort Lauderdaie, FL 33308
If to the BOARD:
Page 9 of 12
Mr. Dennis Coates, Executive Director
South Central Regional Wastewater Treatment and Disposal Board
1801 North Congress Avenue
Delray Beach, FL 33445
(561) 272-7061 (telephone)
(561 265-2375 (facsimile)
with a copy to:
Mr. Roger G. Saberson
Roger G. Saberson, P .A.
70 Southeast 4th Avenue
Delray Beach, FL 33483-4514
13. INSPECTION
The BOARD shall have the right, when reasonably necessary, to allow BOARD employees
or agents to enter upon the subject properties to inspect BOYNTON'S operating and
maintenance practices, to inspect meters, irrigation equipment, monitoring wells, potential
cross connections, flowage, and the like, as they relate to this Agreement.
14. HOLD HARMLESS,
To the extent permitted by law, BOYNTON shall hold the BOARD, its board members,
officials, employees, agents, assigns, contractors and subcontractors harmless for: (I) any
damage caused by the BOARD's inability to deliver reclaimed water to the delivery point and (ii)
any damage which occurs as a result of the quality of the reclaimed water so long as it meets
the standards outlined in paragraph 3.
15. DISCLAIMER OF THIRD PARTY BENEFICIARIES
This Agreement is solely for the benefit of the parties hereto and no right or cause of
action shall accrue to, by reason hereof, the benefit of any third party not a party hereto.
16. SEVERABILITY
Page 10 of 12
If any part of this Agreement or any application thereof to any person or circumstance is
declared invalid for any reason, then such part, section, subsection, or other portion or the
prescribed application thereof, shall be severable and the remaining provisions of this
Agreement, and all applications thereof not having been declared invalid, shall remain in effect.
17. APPLICABLE LAW
This Agreement shall be construed according to the laws of Florida and any action
regarding this Agreement shall be filed in the Fifteenth Judicial Circuit in and for Palm Beach
County.
18. BOARD REPRESENTATIVE
The BOARD's representative to act on behalf of the BOARD in the administration,
interpretation, application, and enforcement of this Agreement shall be the Executive Director
of the BOARD or his designee.
19. EXHIBITS AND ADDENDUM
This Agreement incorporates the following exhibits and addendum which are specifically
made a part hereof.
Exhibit "A"- Map of BOYNTON service area.
THIS WRITING (with Exhibit "A") constitutes the entire Agreement between the parties
and has been entered into voluntarily and with independent advice and legal counsei and has
been executed by the authorized representative of each party on the date written below
Modifications to and waivers of the provisions herein shall be made only in writing by the
parties hereto,
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK
Page 11 of 12
SIGNED AND SEALED this ~ day of Ol'~~... ,2009.
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AN,D OISPOSALBOARO ~
By: A)~~';) ~ 1
Printed Name: Woodrow Hay
Title: Chairman
ATTEST:
By: ~rz&_,d-
Printed Name: Dennis L. Coates
Title: li'V.o("Tlf-;Uo. ni"1"'o,....t-"'....
Approved as to legal form and sufficiency:
/L~"Q~
Roger Saberson '
CITY OF BOYNTON BEACH
By:
Printed Name:
Title:
ATTEST:
City Clerk
Approved as to legal form and sufficiency:
City Attorney's Office
Page 12 of 12
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..,'~""'".-
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@bbfl.us
www.boynton-beach.org
November 16, 2009
Ms. Lori A. Osborn, CPSjCAP
Executive Assistant
South Central Regional Wastewater
Treatment and Disposal Board
1801 North Congress Avenue
Delray Beach, Florida 33445
Re: Resolution R09-170 - Ratifications for Action of October 15. 2009
Dear Ms. Osborn:
Attached for your handling are the two (2) partially executed agreements and a copy of the
Resolution mentioned above. Once the agreements have been signed, please return a copy to the
City Clerk's Office for Central File.
Also attached is an original of the Amended and Restated Interlocal Agreement, since this
agreement has been fully executed I have retained one original for our files.
If I can be of any additional service, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
Lm. p~
net M. Prainito, CMC
City Clerk
Attachments
Cc: Pete Mazzella
Paul Fleming
Central File
S:\CC\WP\AFTER COMMISSION\Other Transmittal Letters After Commisslon\2009\R09-170 SCRWTD Temp Eas. and lLA.doc
America's Gateway to the Gulfstream
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
Telephone
(561) 272-7061 (561) 734-2577
Fax: (561) 265-2357
~.sc~tp.org
December 10, 2009
Ms. Janet Prainito
CITY OF BOYNTON BEACH
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
South Central Regional Wastewater
Treatment and Disposal Board
Industrial Waste and Pretreatment Aareement
Dear Janet:
Attached is the executed Industrial Waste and Pretreatment Agreement between the
City of Delray Beach, the City of Boynton Beach and South Central Regional
Wastewater Treatment and Disposal Board. As per our previous conversations, this
original document is for your files.
If you have any questions, please do not hesitate to contact me.
Sincerely,
c?fO/t;' d tI~/;aMV
Lori A Osborn, CPS/CAP
Executive Assistant
Attachment
c: 02-902
'11 :2 ~!d +j I J3G 60
3J~:J.:JD ~.~pj~r1J ALl:)
HJVJ8.,NCll-~~)"02;.:fD. )"'i:j;)
F:\docsIPRETREA TMENTlLETTERIBoynton Beach Pretreatment Agrmt Letter 12-10-2009.doc