10-002
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ORDINANCE NO. 10-002
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDING
CHAPTER 26. WATER, SEWERS AND CITY
UTILITIES, ARTICLE IV, SEWERS AMENDING
DIVISION 4. INDUSTRIAL AND COMMERCIAL
WASTE TO INCORPORATE THE NEW
REQUIREMENTS CONTAINED IN THE REVISED
INDUSTRIAL WASTE AND PRETREATMENT
AGREEMENT TO COMPL Y WITH FDEP
REQUIREMENTS; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, on November 3, 2009, the City of Boynton Beach approved a revised
Industrial Waste and Pretreatment Agreement between the City of Boynton Beach, the South
Central Regional Wastewater Treatment and Disposal Board and the City of Delray Beach;
and
WHEREAS, the Florida Department of Environmental Protection requires that these
new limits/requirements contained in the revised Industrial Waste and Pretreatment
Agreement be incorporated in the City's Code of Ordinances; and
WHEREAS, the City Commission of the City of Boynton Beach, Florida has
determined that it is in the best interests of the citizens and residents of the City to amend
Division 4 of Chapter 26, clarifying certain subdivisions and bringing others into
compliance pursuant to the revised Industrial Waste and Pretreatment Agreement
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section I.
Each Whereas clause set forth above IS true and correct and
incorporated herein by this reference.
Section 2.
That Chapter 26, Article IV, Sewers, Division 4 is hereby amended by
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adding the words and figures in underlined type, and by deleting the words and figures in
struck-through type, as follows:
CHAPTER 26: WATER, SEWERS AND CITY UTILITIES
SECTION 4. INDUSTRIAL AND COMMERCIAL WASTE
26.115 Definitions
The following abbreviations, when used In this ordinance, shall have the designated
meanIngs:
BOD Biochemical Oxygen Demand
CFR Code of Federal Regulations
COD Chemical Oxygen Demand
DEP Department of Environmental Protection
EP A United States Environmental Protection Agency
F AC Florida Administrative Code
gpd gallons per day
mg/l milligrams per liter
NPDES National Pollutant Discharge Elimination System
POTW Publicly Owned Treatment Works
RCRA Resource Conservation and Recovery Act
SIC Standard Industrial Classification
TSS Total Suspended Solids
TTO Total Toxic Organics
USC United States Code
WWF Wastewater Facility
For the purpose of this chapter, all definitions shall be applied and interpreted in accordance
with 40 CFR 403, as amended.
"Act" and "The Act". The Federal Water Pollution Control Act, also known as the Clean
Water Act of 1977, as amended, 33 U.S.C. 1251, et seq.
"Approval Authority". The Florida Department of Environmental Protection.
"Authorized Representative of the User".
(I) If the user is a corporation:
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I a. The president, secretary, treasurer, or a vice-president of the corporation
2 in charge of a principal business function, or any other person who performs
3 similar policy or decision-making functions for the corporation; or
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5 b. The manager of one or more manufacturing, production, or operation
6 facilities employing more than two hundred fifty (250) persons or having
7 gross annual sales or expenditures exceeding twenty-five (25) million
8 dollars (in second-quarter 1980 dollars), if authority to sign documents has
9 been assigned or delegated to the manager in accordance with corporate
10 procedures.
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12 (2) If the user is a partnership or sole proprietorship: a general partner or
13 proprietor, respectively.
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15 (3) If the user is a Federal, State, or local government facility: a director or highest
16 official appointed or designated to oversee the operation and performance of the
17 activities of the government facility, or their designee.
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19 (4) The individuals described in paragraphs 1 through 3, above, may designate
20 another authorized representative if the authorization is in writing, the
21 authorization specifies the individual or position responsible for the overall
22 operation of the facility from which the discharge originates or having overall
23 responsibility for environmental matters for the company, and the written
24 authorization is submitted to the City.
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26 "Board". The South Central Regional Wastewater Treatment and Disposal Board,
27 including, in the appropriate case, the regional treatment facilities, and all its other attendant
28 facilities.
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30 "Board (WWF)". The Board of Directors of the South Central Regional Wastewater
31 Treatment and Disposal Board.
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33 "RO.D. (Denoting Biochemical Oxygen Demand)" The quantity of oxygen utilized in the
34 biochemical oxidation of organic matter under standard laboratory procedures for five (5)
35 days at 200 centigrade, usually expressed as a concentration (e.g., mgll).
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37 "Building Sewer". Sewer conveying wastewater from the premIses of a user to the
38 collection system which transmits wastewater to the WWF.
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40 "Categorical Pretreatment Standard" or "Categorical Standard". Any regulation containing
41 pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c)
42 of the Act (33 USC Section 1317) which apply to a specific category of users and which
43 appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
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I "Chemical Oxygen Demand (C.O.D.)". A measurement of the oxygen equivalent of the
2 · organic matter content of a sample that is susceptible to oxidation by a strong chemical
3 oxidant using procedures listed in 40 CFR 136.
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5 "City". The City of Boynton Beach; all that land and water area included within the
6 boundaries of the "City" in which the Commission proposes to acquire, establish, construct,
7 extend, operate, and maintain sanitary sewerage facilities, except as follows:
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9 (l) All state and federally owned land and water area located in the city or county,
10 except where the state and federal government consent to the provisions of this
11 chapter.
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13 (2) All land and water area duly franchised by the city or county to privately owned
14 sewer utility companies for the provisions of sewer service, except where the
15 privately owned sewer utility companies consent to the provisions of this
16 chapter.
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18 "Collection System". The system of public sewers to be operated by the city and connected
19 to the WWF facilities.
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21 "Compatible Pollutant". A substance amenable to treatment in the wastewater treatment
22 plant such as biochemical oxygen demand, suspended solids, pH, and fecal coliform
23 bacteria, plus additional pollutants identified in the NPDES permit if the wastewater facility
24 was designed to treat those pollutants, and in fact, does remove the pollutant to a substantial
25 degree.
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27 "Composite Sample". A series of samples taken over a specific 24-hour time period at
28 intervals not to exceed fifteen (15) minutes in the waste stream which are combined into one
29 sample. Flow proportional sampling is mandated unless circumstances do not permit it,
30 then it shall be time proportional. Samples shall be taken during effluent discharge times
31 only.
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33 "Cooling Water". The water discharged from any use such as air conditioning, cooling, or
34 refrigeration, or to which the only pollutant added is heat.
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36 "Direct Discharge". The discharge of treated or untreated wastewater directly to the waters
37 of the State of Florida. .
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39 "Director of Utilities, Utilities Director, or Director". This refers to the individual in charge
40 of the Utilities Department for the city.
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42 "Discharge". Means disposal of, deposit, place, emit, unload, release or cause or allow to be
43 disposed of, deposited, placed, emitted, unloaded, or released.
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1 "Domestic Wastewater". Wastewater derived principally from dwellings, commercial
2 buildings, institutions, and industry resulting from household or toilet waste resulting from
3 human occupancy. It mayor may not contain ground water, surface water, or stormwater.
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5 "Environmental Protection Agency" or "EPA". The U.S. Environmental Protection Agency,
6 or where appropriate, the term may also be used as a designation for the Administrator or
7 other duly authorized official of that agency.
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9 "Executive Director". The administrative director or his authorized deputy, agent or
10 representative of the South Central Regional Wastewater Treatment and Disposal Board.
11 The Executive Director is the authorized administration authority of the' South Central
12 Regional Wastewater Treatment and Disposal Board.
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14 "Existing Source". Any source of discharge, the construction or operation of which
15 commenced prior to the publication by EP A of proposed categorical pretreatment standards,
16 which will be applicable to such source if the standard is thereafter promulgated in
17 accordance with Section 307 of the Act.
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19 "Garbage". The animal and vegetable waste resulting from the handling, preparation,
20 cooking, and serving of foods.
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22 "Grab Sample". A sample which is taken from a waste stream on a one-time basis without
23 regard to the flow in the waste stream and over a period of time not to exceed fifteen (15)
24 minutes.
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26 "Grantee". Recipient of a federal grant for all or a portion of a treatment works as
27 administered by the Environmental Protection Agency.
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29 "Holding Tank Waste". Any waste from holding tanks such as vessels, chemical toilets,
30 campers, trailers, septic tanks, and vacuum-pump tank trucks.
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32 "Indirect Discharge or Discharge". The introduction of non-domestic pollutants from any
33 source regulated under Section 307(b), (c), or (d) of the Act, (33 V.S.C. 1317), into the
34 WWF (including holding tank waste discharged into the system).
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36 "Industrial or Commercial Waste". The liquid wastes from industrial, commercial, or
37 institutional processes as distinct from domestic or sanitary sewage.
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39 "Industrial and Commercial Waste Discharge Permit". A permit issued to control the
40 process flows from industry, commerce, or institutions that may be discharged into the
41 sanitary sewer system. This permit is issued in addition to any other types of permits.
42 When issued, the permit will define the characteristics and volume of the flow and
43 acceptance or rejection of individual waste components and/or require high strength waste
44 surcharges.
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2 "Industrial Cost Recovery". Recovery by a federal grantee from the industrially classified
3 users of a treatment works of the grant amount allocable to the treatment of wastes from
4 those users.
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6 "Industrially Classified User". An industrial or commercial user whose liquid wastes are, in
7 part, made up of flows related to industrial or commercial activities, as distinct from an
8 industrial or commercial user whose waste flows are primarily domestic or resulting from
9 human occupancy.
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11 "Industrial V ser". A source of indirect discharge and discharge of industrial and commercial
12 waste which does not constitute a discharge of pollutants under regulations issued pursuant
13 to Section 402 of the Act. (33 V.S.C. 1342).
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15 "Instantaneous Maximum Allowable Discharge Limit". The maximum concentration of a
16 pollutant allowed to be discharged at any time, determined from the analysis of any discrete
17 or composited sample collected, independent of the industrial flow rate and the duration of
18 the sampling event.
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20 "Interference". A discharge, which alone or in conjunction with a discharge or discharges
21 from other sources, inhibits or disrupts the WWF, its treatment processes or operations, or
22 its sludge processes, use or disposal; and thereafter, is a cause of a violation of the NPDES
23 permit or of the prevention of sewage sludge use or disposal in compliance with any of the
24 following statutory/regulatory provisions or permits hereunder, or any more stringent State
25 or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title
26 II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State
27 regulations contained in any State sludge management plan prepared pursuant to Subtitle D
28 of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and
29 the Marine Protection, Research, and Sanctuaries Act.
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31 "Medical Waste:. Isolation wastes, infectious agents, human blood and blood products,
32 pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially
33 contaminated laboratory wastes, and dialysis wastes.
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35 "Milligrams Per Liter (mg/1) " . The number of units of minor constituents present with each
36 one million (1,000,000) units of the major constituent of a solution or mixture. Milligrams
37 per liter shall be considered equivalent to parts per million.
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39 "Monitoring Costs". Those costs incurred by the City in performing monitoring and/or
40 sampling as prescribed by 40 CFR 403.
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42 "National Categorical Pretreatment Standard". Any federal regulation containing pollutant
43 discharge limits promulgated by the EP A which applies to a specific category of industrial
44 users.
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"National Pollutant Discharge Elimination System" or "NPDES Permit". A permit issued
pursuant to Section 402 of the Act (33 U.S.C. 1342).
"National Prohibitive Discharge Standard" or "Prohibitive Discharge Standard". Any
regulation developed under the authority of 307(b) of the Act and 40 CFR, Section 403.5
"Natural Outlet". Any ditch, canal, stream, waterway, lake, river, pond, well,'gul1y, or other
water body.
"New Source".
(1) Any building, structure, facility, or installation from which there is (or may be ) a
discharge of pollutants, the construction of which commenced after the publication of
proposed pretreatment standards under Section 307( c) of the Act which will be
applicable to such source if such standards are thereafter promulgated in accordance
with that section, provided that:
a. The building, structure, facility, or installation is constructed at a site which no
other source is located; or
b. The building, structure, facility, or installation totally replaces the process or
production equipment that causes the discharge of pollutants at an existing source;
or
c. The production of wastewater generating processes of the building, structure,
facility, or installation are substantially independent of an existing source at the
same site. In determining whether these are substantially independent, factors such
as the extent to which the new facility is integrated with the existing plant, and the
extent to which the new facility is engaged in the same general type of activity as
the existing source, should be considered.
(2) Construction on a site at which an existing source is located results in a modification
rather than a new source if the construction does not create a new buil ding, structure,
facility, or installation meeting the criteria of Section (1)(B) or (C) above but otherwise
alters, replaces, or adds to existing process or production equipment.
(3) Construction of a new source as defined under this paragraph has commenced if the
owner or operator has:
a. Begun, or caused to begin, as part of a continuous onsite construction program
(i) any replacement, assembly, or installation of facilities or equipment;
or
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(ii) significant site preparation work including land clearihg, excavation,
or removal of existing buildings, structures, or facilities which is
necessary for the replacement, assembly, or installation of new
source facilities or equipment; or
'b. Entered into a binding contractual obligation for the purchase of facilities or
equipment which are intended to be used in its operation within a reasonable time.
Options to purchase or contracts which can be terminated or modified without
substantial loss, and contracts for feasibility, engineering, and design studies do not
constitute a contractual obligation under this paragraph.
"Noncontact Cooling Water", Water used for cooling which does not come into direct
contact with any raw material, intermediate product, waste product, or finished product.
"Pass Through". A discharge of a pollutant from the WWF when such discharge causes a
violation of any requirement of the WWF's NPDES permit, or a violation of a State or
Federal water quality standard or increases the magnitude or duration of any violation and
which is the result of a user's discharge of the pollutant either alone or in conjunction with
other user's discharges of the pollutant into the WWF. A user contributes to pass through
when the user:
(1) Discharges a pollutant concentration or a daily pollutant loading in excess of that
allowed by the City or by Federal or State law.
(2) Discharges wastewater which substantially differs in nature and constituents from the
user's normal average discharge;
(3) Knows or has reason to know that its discharge, alone or in conjunction with discharges
from other users, would result in pass through; or
( 4) Knows or has reason to know that the WWF is, for 'any reason, violating its final
effluent limitations in its NPDES permit and that such user's discharge either alone or in
conjunction with discharges from other users, increases the magnitude or duration of the
WWF's violations.
"Person". Any individual, partnership, co-partnership, firm, company, association, society,
corporation, joint stock company, trust, estate, governmental entity, group, or any other legal
entity; or their legal representatives, agents, or assigns. This definition includes all Federal,
State, and local entities.
"Point Source". The initial point of discharge into a sewer system.
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1 "pH" Logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of
2 solution; a measure of the acidity or alkalinity of a solution, expressed in standard units.
3
4 "Pollutant". Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage,
5 garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials,
6 radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt,
7 industrial, municipal, and agricultural wastes, and certain characteristics of wastewater (e.g.
8 pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
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10 "Pollution". The man-made or man-induced alteration of the chemical, physical, biological,
11 and radiological integrity of water.
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13 "Pretreatment". The reduction of the amount of pollutants, the elimination of pollutants, or
14 the alteration of the nature of pollutant properties in wastewater to a less harmful state prior
15 to or in lieu of discharging or otherwise introducing those pollutants into a WWF. The
16 reduction or alteration can be obtained by physical, chemical, or biological processes, or
17 process changes or by other means, except as prohibited by 40 CFR Section 403 .6( d).
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19 "Pretreatment Requirements". Any substantive or procedural requirement for treating of a
20 waste prior to inclusion in the WWF.
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22 "Pretreatment Standards". National Categorical Pretreatment Standards or alternative
23 discharge limits, whichever is applicable.
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25 "Prohibited Discharge Standards or Prohibited Discharges". Absolute prohibitions against
26 the discharge of certain substances; these prohibitions appear in Section 26.142 of this
27 ordinance.
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29 "Properly Shredded Garbage". The wastes from the preparation, cooking, and dispensing of
30 food that have been shredded to a degree that all particles will be carried freely under the
3] flow conditions normally prevailing in public sewers, with no particle greater than 1!2-inch
32 (1.27 centimeters) in any dimension.
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34 "Public Sewer". A sewer in which all owners of abutting properties have equal rights, and
35 which is controlled by public authority,
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37 "Publicly Owned Treatment Works (POTW)". In this case, the regional treatment plant
38 operated by the South Central Regional Wastewater Treatment and Disposal Board, and the
39 collection sewer system owned and operated separately by the Cities of Delray and Boynton
40 Beach. (also see Wastewater Facility - WWF)
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42 "Regional Treatment Facilities". The South Central Regional Wastewater Treatment Plant
43 transmission and disposal facilities as operated by the South Central Regional Wastewater
44 Treatment and Disposal Board of Palm Beach County, Florida.
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2 "Replacement". Expenditures for obtaining and installing equipment, accessories or
3 I appurtenances which are necessary during the service life of the treatment process facilities
4 to maintain the capacity and performance for which those facilities were designed and
5 constructed.
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7 "Sanitary Sewage". The household and toilet wastes resulting from human occupancy.
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9 "Sanitary Sewer". A sewer which carries sewage and to which storm, surface, and ground
1 0 water are not intentionally admitted.
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12 "Septic Tank Waste". Any sewage from holding tanks such as vessels, chemical toilets,
13 campers, trailers, and septic tanks.
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15 "Sewage". A combination of the water carried wastes from residences, business buildings,
16 institutions, and industrial establishments, together with ground, surface, and storm water
17 that may be present.
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19 "Sewage Works". All facilities for collecting, pumpmg, treating, and disposing of
20 wastewater including the WWF.
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22 "Sewer". A pipe or conduit for carrying sewage.
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24 "Shall" is mandatory; "May" is permissive.
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26 "Significant Industrial User".
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28 (1) A user subject to categorical pretreatment standards; or
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30 (2) A user that:
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32 a. Discharges an average of twenty-five thousand (25,000) gpd or more of
33 process wastewater to the POTW (excluding sanitary, noncontact cooling, and
34 boiler blowdown wastewater);
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36 b. Contributes a process waste stream which makes up five (5) percent or more
37 of the average dry weather hydraulic or organic capacity of the POTW
38 treatment plant; or
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40 c. Is designated as such by the City on the basis that it has a reasonable
41 potential for adversely affecting the POTW's operation or for violating any
42 pretreatment standard or requirement.
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1 (3) Upon a finding that a user meeting the criteria in Subsection (2) of this definition has no
2 reasonable potential for adversely affecting the POTW's operation or for violating any
3 pretreatment standard or requirement, the City may at any time, on its own initiative or in
4 response to a petition received from a user, and in accordance with procediires in 40 CFR
5 403.8(f)(6), determine that such user should not be considered a significant industrial user.
6
7 "Significant Non-Compliance". Means that violations of this Ordinance by a user subject to
8 pretreatment standards meet one or more of the following criteria:
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10 (1) Chronic Violation: 66% or more of all measurements taken for the same pollutant
11 during a six-month period exceeded (by any magnitude) the applicable daily maximum limit
12 or the applicable average limit;
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14 (2) Technical Review Criteria (TRC) Violation: 33% or more of all measurements taken
15 for the same pollutant during a six-month period equaled or exceeded the product of the
16 daily average maximum limit or the average limit times the applicabl~ TRC. (For
17 categorical pretreatment limitations the TRC equals 1.4 for BOD, TSS and Oil and Grease;
18 and 1.2 for all other pollutants except pH);
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20 (3) An effluent violation caused interference or pass through or endangered the health of
21 City personnel or the general public;
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23 (4) A discharge caused imminent endangerment to human health, welfare or to the
24 environment and resulted in the City exercising its emergency authority, under Section
25 26.147 of this Ordinance;
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27 (5) Failure to meet a compliance schedule milestone date within ninety (90) days or more
28 after the scheduled date;
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30 (6) Failure to submit a required report within thirty (30) days of its due date;
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32 (7) Failure to accurately report non-compliance; or
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34 (8) Any other violation or group of violations which the Director determines may cause
35 interference or pass through or will adversely affect implementation. of the City's
36 pretreatment program.
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38 "Significant Violation". A violation that remains uncorrected 45 days after notification of
39 non-compliance; which is part of a pattern of non-compliance over a twelve~month period;
40 which involves a failure to accurately report non-compliance; or which resulted in the WWF
41 exercising its emergency authority under Section 403.8 (F)(1 )(vi)(B) ofthe Act.
42
43 "Slug". Any discharge of water, sewage, or industrial waste which in concentration of any
44 given constituent or in quantity of flow exceeds for any period of duration longer than
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I fifteen (15) minutes more than five (5) times the average 24-hour concentration of flows
2 during normal operation.
3
4 "Standard Industrial Classification (SIC)". Classification pursuant to the Star1dard Industrial
5 Classification Manual issued by the Executive Office of the President, Office of
6 Management and Budget, as amended.
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8 "State". State of Florida.
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10 "Storm Drain" or "Storm Sewer". A sewer that carries stormwater and surface water, street
11 wash, and other wash waters or drainage, but excludes domestic wastewater and industrial
12 and commercial waste.
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14 "Stormwater". Any flow occurring during or following any form of natural precipitation and
15 resulting therefrom.
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17 "Superintendent". The person designated by the WWF to supervise the operation of the
18 publicly owned treatment works and who is charged with certain duties and responsibilities
19 by this chapter, or his duly authorized representative.
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21 "Surcharge". An extra charge levied to a user for treatment of compatible wastewaters that
22 contain substances in excess of specified maximum allowable limits.
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24 "Suspended Solids". Solids that are in suspension in water, sewage, or other liquids and
25 which are removable by laboratory filtering.
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27 Total Toxic Organics (TTO). The summation of all quantifiable values greater than 0.01
28 milligrams per liter for the toxic organics listed under 40 eFR 433.11.
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30 "Toxic Pollutant". Any pollutant or combination of pollutants listed as toxit in regulations
31 promulgated by the Administrator of the Environmental Protection Agency under the
32 provision ofCWA 307(a) or other acts.
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34 "Treatment Plant". That portion of regional treatment facilities designed to provide
35 treatment to wastewater and is operated by the South Central Regional Wastewater
36 Treatment and Disposal Board.
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38 "Treatment Works". The wastewater treatment plant, interceptors, force mains, lift stations,
39 and collection systems.
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41 "U ser". Any person who contributes, causes, or permits the contribution of wastewater into
42 the WWF.
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1 "User Charge" or "User Fee". A charge levied on the users of the treatment process
2 facilities for the cost of operation and maintenance of those facilities and other equitable and
3 necessary charges.
4
5 "Wastewater". The liquid and water carried industrial or domestic wastes from dwellings,
6 commercial buildings, industrial facilities, and institutions,' whether treated or untreated,
7 which is contributed into or permitted to enter the WWF.
8
9 "Wastewater Facility" (WWF). Any or all of the following: the collection/transmission
10 system,' the treatment plant, and the reuse or disposal system.
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12 "Wastewater Treatment Plant". Any arrangement of devices and structures used for treating
13 wastewater, such as the WWF.
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15 "Watercourse". A channel in which a flow of water occurs, either continuously or
16 intermittently.
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20 26.143 Discharge Of Certain Wastes Restricted
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22 No person shall discharge or cause to be discharged, the below described materials, waters,
23 or wastes (collectively, the substances) if it appears likely that acceptance of those wastes
24 can harm the wastewater treatment process or equipment, the public sewers, the sanitary
25 sewer systems, or have an adverse effect on the receiving water body, or can otherwise
26 endanger life, limb, public property, or constitute a nuisance, The decision shall be based on
27 those factors as the quantities subject wastes in relation to flows and velocities in the
28 sewers, materials of construction of the sewers, nature of the wastewater treatment process,
29 capacity of the wastewater treatment plant, degree of treatability of waste in the wastewater
30 treatment plant, and other pertinent factors. The substances restricted are:
31 (a) Any liquid having a temperature higher than 150E F. or causing the wastewater
32 treatment plant influent to exceed 104E F.
33 (b) Any water or waste containing fats, wax, grease, or oils, whether emulsified or not,
34 in excess of 100 milligrams per liter or containing substances which may solidify or become
35 viscous at temperatures between 32E F. and 150EF. (OE C. and 60E C.).
36 (c) Any waters or wastes containing strong acid, iron, pickling wastes, or concentrated
37 plating solutions whether neutralized or not.
38 (d) Any waters or wastes containing phenols or other taste or odor producing substances,
39 in a concentration exceeding limits which may be established by the POTW as necessary
40 after treatment of the composite sewage to meet the requir~ments of the state, federal, or
4 I other public agencies of jurisdiction for that discharge to the receiving waters,
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I (e) Any garbage that has not been properly shredded, which shall mean particles in size
2 no greater than 1/2 inches measured in any dimension.
3 (f) Any water or wastes having a pH lower than 5.5 or higher than 9.5 or having any
4 other corrosive property capable of causing damage or hazard to structure, equipment, or
5 personnel or any waste treatment works.
6 (g) Any waste containing restricted substances in quantities in excess of the following
7 limits, measured at the point of discharge into any sewer system, or any substance that will
8 pass through the waste treatment facilities and exceed the local limits as adopted by the
9 South Central Regional Wastewater Treatment and Disposal Board as contained in the
10 Interlocal Agreement entered into between the City of Boynton Beach and the City of Delray
11 Beach. Such local limits are incorporated herein by reference.
12 (h) Any waste from sodium-cycle action exchange (water softening) units from industrial
13 or commercial users where the chloride content exceeds 6GG.Q.45 milligrams per liter.
14 (i) Any water or waste containing suspended solids or color of a character and quantity
15 that unusual attention or expense is required to handle those materials at the waste treatment
16 facilities without a special permit issued by the city.
17 U) Any water or waste with a chlorine demand greater than 15 milligrams per liter.
18 (k) Any radioactive wastes or isotopes or half-life or concentration as may exceed limits
19 established by the POTW in compliance with applicable state or federal regulations.
20 (1) V olume of flow or concentration of wastes constituting a slug as defined in Section
21 26-115,
22 (m) Any waters or wastes containing substances which are not amenable to treatment or
23 reduction by the wastewater treatment processes employed, or are amenable to treatment
24 only to that degree that the wastewater treatment plant effluent cannot meet the requirement
25 of other agencies having jurisdiction over discharge to the receiving waters.
26 (n) Any waters or wastes containing suspended solids in excess of -!-+MOO milligrams
27 per liter unless the user is approved by the city and provided further that the user complies
28 with the requirements of the city's high strength sewer surcharge system,
29 (0) Any waters or wastes with a five-day, 20E C.B.O.D. greater than m400 milligrams
30 per liter unless the user is approved by the city and provided further that the user complies
31 with the requirements of the city's high strength sewer surcharge system.
32 (p) Any waters or wastes containing chemical oxygen demand (COD) greater than
33 444800 mg/L unless the user is approved by the City and provided further that the user
34 complies with the requirements of the City's high strength sewer surcharge sy~tem.
35 (q) Total toxic organics as defined in 40 CFR, Part 4l3.03[c] are not to exceed 5.0 mgll,
36 with no one parameter over 1.0 mg/l. .
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1 tt+---Any waters or wastes with un ammonia nitrogen content greater than 50 milligrams
2 per liter unless the user is approved by the city and provided further that the user complies
3 '..vith the requirements of the city's high strength sewer surcharge system.
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9 26.147 Admission Of Industrial And Commercial Waste
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I I All users of the public sewers or sanitary sewers shall recognize and comply with the
12 following:
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14 (a) The economy and desirability of the combined treatment of industrial and commercial
15 wastes and sanitary sewage is recognized. However, not all types and quantities of
16 industrial and commercial wastes can be so treated. It shall be the policy to admit the types
17 and quantities of industrial and commercial wastes that are not harmful or damaging to the
18 structures, processes, or operation of the sewage works or are not specifically prohibited. In
19 all cases, a special permit will be issued which will state specific conditions and
20 requirements to be maintained. It is also recognized that to provide this service, additional
21 facilities or treatment are required, and the cost of that must be borne by the user receiving
22 the benefits.
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24 (b)
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26 (1) Approval in advance by the city is required for the anticipated admission of industrial
27 or commercial wastes into the public sewers having:
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29 a. A five-day, 200 C. RO.D. greater than 220 milligrams per liter, or chemical
30 oxygen demand (COD) greater than 440 milligrams per liter.
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32 b. A suspended solids content greater than 175 milligrams per liter.
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34 €-, Ammonia nitrogen greater than 50 milligrams per liter.
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36 ca. An oil/grease content greater than 100 milligrams pediter.
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38 e4. A total toxic organic content of greater than 5 milligrams per liter, with no one
39 parameter over 1 milligram per liter.
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41 (2) The user shall provide chemical analyses of the discharge according to a schedule to be
42 established by the WWF and continued discharge shall be subject to approval of the city.
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(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 ~tate, using the
laboratory methods for the examination of wastewater as set forth in 40 CFR 136 and 62-
625.600, FAC (also see 26.158).
(d) When required by the Utilities Director, any establishment discharging industrial or
commercial wastes into the sewer system shall construct and 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 ~'tation shall be
accessible to city personnel at all times for sampling. All authorized WWF or city
employees shall be permitted, upon suitable notice to the user, to enter upon all properties
for the purpose of inspection, observation, measurement, sampling, and testing in
accordance with provisions of this chapter. When required, construction of those facilities
shall be completed within ninety (90) days following written notification by the City.
USER CHARGE AND INDUSTRIAL COST RECOVERY SYSTEM
26.162 User Charges; Wholesale Sewer Rates; Calculation Of Sewer Surcharge
(a) There is imposed upon the owners or upon the users of each retail and wholesale
customer served by the sewer system, a monthly user charge for the use thereof as follows:
(1) Sewer Rates. A charge for waste resulting from human occupancy which shall
include all of the following factors for the operation of the collection system and treatment
of wastewater by the regional wastewater facility:
a. Operation and maintenance
b. Debt service
c. Capital costs
d. System expansion
e. Others as applicable
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I , Consult the Water/Sewer Billing Department for the prevailing rates expressed as $/ 1,000
2 ! I gallons of water consumption.
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4 (2) Sewer Surcharge. A surcharge for waste in excess of the parameters for
5 strength established in the industrial and commercial waste ordinance, and set forth in
6 26.162(2) which may be assessed to applicable customers.
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8 (b) Wholesale Sewer Rate.s.
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10 (1) This section is applicable to those wholesale customers which maintain their
I I own wastewater collection systems. They shall be charged a flat rate per 1,000 gallons, the
12 quantity of which shall be determined by the metering of the wastewater discharge from
13 each wholesale customer's individual wastewater collection system.
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15 (2) The metering device shall be satisfactory to the city and shall provide for a
16 separate remote 30-day recording device which shall have a totalizer. Location of the
17 metering device shall be at an accessible location as agreed upon by the parties involved and
18 as further explained and stipulated in an agreement to be executed by both parties.
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20 (3) All costs incident to the furnishing, installation, initial calibration, and
2 I maintenance on a continuing basis of the meter, are and shall be, the wholesale customer's
22 responsibility. The wholesale customer will provide to the city or its designated
23 representative full details on the proposed meter installation and assurance that the
24 installation will commence only upon the written authorization of the city. The city shall
25 provide an authorization within ten (10) days after receipt by the city of the details of the
26 above proposed meter installation.
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28 (4) The meter shall be read monthly by a duly authorized agent of the city, and the
29 wholesale customer shall provide access to the meter for this purpose. In the event of
30 suspected inaccuracy in meter readings, the city shall have the right to request that the meter
31 be tested by an independent organization in accordance with standard practices. If the meter
32 shall be found inaccurate or defective, the cost of the meter test shall be borne by the
33 wholesale customer. If the meter shall be found to be accurate and in good condition, the
34 cost of the meter test shall be borne by the city.
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36 (5) In the event of extenuating circumstances, the Commission may, at its
37 discretion, direct that sufficient proof other than the installation of a metering device may be
38 acceptable to determine the quantity of wastewater discharge.
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40 (c) Calculation of Sewer Surcharge,
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4 (1) Calculation of the sewer surcharge shall be in accordance with the following:
Parameter Percent of Effect on Costs Allowable Level of Sewage
Strength
BOD-5 41 ~OO mgll (ppm)
TSS 15 ~OO " "
^ . 4+ 50 .- "
I .mmoma
COD 41 44B800 " "
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Let:
F=Fl +F2~
Where:
F = the factor to multiply the sewer rate for a surcharge due to excess strengths.
FI = the strength factor for BOD-5 or COD, whichever is higher.
F2 = the strength factor for TSS (total suspended solids)
F3 - the strength factor for ammonia (total ammonia)
(2) The surcharge will be added to the sewer rate to develop the monthly cost per
customer. As an example of sewer charge calculations utilizing sewer rate and the strength
surcharge formula, assume the following with respect to Ajax Manufacturing Company:
total monthly flow of 100,000 gallons; COD of 600900 mg/l; BOD5 of 500 milligrams per
liter; total suspended solids of 900 milligrams per liter; l\mmonia at 100 mg/l; Prevailing
monthly sewer rate is $1.52 per 1,000 gallons.
Sewer Rate:
$1.52/1000 gallons (100,000 gallons/month) = $1 52/month
II Sewer Surcharge Calculation:
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Fl = 0.41 (:WG900-~800) ~ 0.051
~800
F2 = 0.15 (900-+7M00) ~ 0.188
-l-B 400
F3 - 0.11 (100 50) 0.11
50
F = ~ 0.051 +~ 0.188 +QA.-l- = ~ 0.239
1ll Total Monthly Charge (Sewer Rate Plus Surcharge):
$152/month + $ 152/month( ~0.239) = $ 387.60 188.33
26.169 Suspension Of Wastewater Treatment Service; Notice To Stop Discharge;
Failure To Comply
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34 (ab.) The city may suspend the wastewater treatment service to any user, including other
35 local governments, when the suspension is necessary, in the opinion of the Utilities Director,
36 in or DEP to stop an actual or threatened violation which presents or may present an
37 imminent or substantial endangerment to the health or welfare of persons or the
38 environment, causes interference to the WWF, caused the WWF to violate any condition of
39 its NPDES permit, or causes the city to be in violation of any of its agreements with the
40 WWF.
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42 (.e~) Any user notified of a suspension of the wastewater treatment service shall
43 immediately stop or eliminate the contribution. In the event of a failure of the user to cause
44 the user to voluntarily comply with the suspension or DEP, the city shall take steps as
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I deemed necessary, including immediate severance of the sewer connection, to prevent or
2 minimize damage to the city or WWF systems or endangerment to any individuals. The city
3 may reinstate the wastewater treatment service upon proof of the elimination of the non-
4 complying discharge. A detailed written statement submitted by the user, describing the
5 causes of the harmful contribution and the measures taken to prevent any future occurrence
6 shall be submitted to the city within fifteen (15) days from the date of the occurrence.
7 Penalties, see 26.177
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] 0 Sec. 26-172 Show cause hearing
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(hLAny user subject to enforcement action under the provisions of this division may request
a hearing before the Utilities Director within ten (10) days of receipt of notification or
proposed enforcement action. A hearing is to be held by the Utilities Director concerning
the violation, the reasons why the action is to be taken, the proposed enforcement action,
and directing the user to show cause before the Utilities Director why the proposed
enforcement action should not be taken.
(c) The Utilities Director may conduct the hearing and take the evidence, or, at the
Utilities Director's sole discretion, may designate the City Attorney or an independent
arbitrator to:
(1) Issue, in the name of the City, notices of hearing requesting the
attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in that hearing.
(2) Take evidence and hear testimony (the strict rules of evidence shall not
apply to any hearing).
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(3) Transmit a report of the evidence and hearing, including transcripts and
other evidence, together with recommendation to the Ulilities Director
or his designee for action thereon.
(d) At any hearing held pursuant to this division, testimony taken must be under oath and
recorded stenographically, with the costs thereof to' be borne by the user. The
transcript, so recorded, will be made available to any member of the public or any
party to the hearing upon payment of the usual charges thereof.
(e) After the Utilities Director or his designee has reviewed the evidence, he may issue an
order to the user responsible for the noncompliance(s) stating that, following a thirty-
day time period to provide remediation of noncompliance(s), penaltie~ as per section
26-1 77 will go into effect. Further orders as are necessary and appropriate may be
issued.
(f) The City shall also establish and assess against the user. appropriate sur:harges or fees
to reimburse the City for the additional cost of operation and maintenance of the
wastewater treatment works due to the violation of this division.
(g) Costs for conducting a show cause hearing shall be borne by the user requesting the
hearing if the enforcement action is upheld.
26.177 Penalties
Failure to comply with any Chapter 26 ordinances that relate to the actual and/or potential
introduction of prohibited and/or restricted effluents into the sanitary sewer system requires
penalties as mandated by federal law; e.g. Federal Pretreatment Regulations Section
403.8(f)(1 )(vi)(A) requires penalties up to the amount of $1,000.00 per day per violation
which goes uncorrected.
(a) Any user who is found to have violated an Order of the city or who fails to comply
with any provision of this chapter for which another penalty is not provided, and the orders,
rules, and regulations issued hereunder, shall be penalized up to $1,000 per day for each
offense. Each day on which a violation shall occur or continue shall be deemed a separate
and distinct offense. Such fines shall be assessed on a per violation, per day basis. In the
case of monthly or other long-term average discharge limits, fines shall be assessed for each
day during the period of violation. A lien against the user's property will be sought for
unpaid charges, fines and penalties. In addition to the penalties provided herein, the city
may recover all reasonable attorneys' fees, court costs, court reporters' fees, and other
expenses of litigation by appropriate motions or suit at law against the user or person found
to have violated this chapter or the orders, rules, regulations, and permit issued hereunder.
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(b) Penalties for Continuing Violations. Any person who shall continue any violation
beyond the time limit provided for in Section 26.166(1) shall be guilty of a violation, and on
conviction thereof, shall be penalized in the amount not exceeding $5,000 for each offense.
Each day in which any violation shall continue shall be deemed a separate offense.
(c) Whoever violates 26.171 shall, upon conviction, be punished by a fine of not more
than $1000 or by imprisonment for not more than sixty (60) days, or by both.
(d) Within 30 days of any and all violations, the user shall cause a sample of the discharge
to be taken and laboratory analysis performed on said sample at their expense with the
results to be provided to the Utilities Director. The Utilities Director may require further
sampling at such times as deemed appropriate. II sdmpling in~Jiq!tcsa
(e) The remedies and penalties provided for in this ordinance are not exclusive. The
Director may take any, all, or any combination of these actions against a noncompliant user.
Enforcement of pretreatment violations will generally be in accordance with the city's
enforcement response plan. However, the Director may take other action against any user
when the circumstances warrant. Further, the Director is empowered to take more than one
enforcement action against any noncompliant user.
Section 2.
Each and every other provision of Chapter 26, not herein specifically
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amended shall remain in full force and effect as previously enacted.
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Section 3.
All ordinances or parts of ordinances in conflict herewith be and the
30 same are hereby repealed.
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Section 4,
Should any section or provision of this ordinance or portion hereof, any
32 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
33 such decision shall not affect the remainder of this ordinance.
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Section 5.
Authority is hereby granted to codify said ordinance.
Section 6.
This ordinance shall become effective ninety (90) days after passage.
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FIRST READING this ~ day of Ja.nu.a.r '1~':Ol O.
SECOND, FINAL READING AND PASSAGE this 11- day of ~talt, 2010.
CITY OF BOYNTON BEACH, FLORIDA
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