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O99-21 ORDI'NANCE NO. Og9-.~/ AN ORDTNANCE OF THE CTTY COMM1'SSTON OF THE CTTY OF BOYNTON BEACH, FLOR'fDA AMENDTNG CHAPTER 26. WATER, SEWERS AND CTTY UTTL'rTI'ES, ARTTCLE TV., BY DELETi'NG DTVI'STON 4. 'rNDUSTR:[AL AND COMMERCTAL WASTE. TN :[TS ENTTRETY, RESERV'rNG SECT'rONS 178 - 204, AND CREAT:[NG A NEW D:[VTS]:ON 4. :[NDUSTRTAL AND COM M E RC:[AL WASTE TO COM PLY W:[TH WASTEWATER FAC:[L:[TY (WWF) STANDARDS AS WELL AS ANY OTHER FEDERAL OR STATE LAWS;, PROV?D:[NG FOR CONFL:[CTS, SEVERABI'L:[TY, CODZF]:CAT:[ON AND AN EFFECT:[VE DATE. 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 delete Section 4 of Chapter 26 in its entirety and rewrite said Division 4, clarifying certain subdivisions and bringing others into compliance with Wastewater Facility IWWF) standards, as well as into compliance with any other Federal or State Laws; and NOW, THEREFORE, BE ]:T ORDATNED BY THE CTTY COMM:[SS:[ON OF THE C:[TY OF BOYNTON BEACH, FLORZDA, THAT: Section 1. Chapter 26. Division 4. Tndustrial and Commercial Waste. is hereby deleted in its entirety, reserving Section 178-204, and a new Section 26. Division 4. is :reated, as follows: CHAPTER 26: WATER, SEWERS AND C:[TY UTTL:[T:[ES SECT:[ON 4. :[NDUSTR:[AL AND COMHERC:[AL WASTe: .~ubdivision A General Provisions 26.112 Purpose ~_6.113 Policy and Scope ~_6.114 Application of Chapter ~_6.115 Definitions ~_6.116 Compliance with Provisions or IVlore Stringent Regulations 1 26.117 26,118 26.119 26,120 26.121 26.122 !26.123 26.124 Disposal of Sewage Other Than Through Regional Facilities Right to Refuse Waste UPon Noncompliance Depositing Objectionable Wastes on Public and Private Property Discharging Into Natural Outlets Privies, Septic Tanks,'and Other Facilities Suitable Toilet Facilities Discharge Prohibited in Storm Sewer System Damaging or Tampering with Sewage Works Private Sewage Disposal System 26.125 26.126 26.127 26.128 Connecting Building Sewer to Private Sewage Disposal System Written Permit to be Obtained; Application; User Fee County to Inspect Installations Compliance with State Department of Environmental Protection and Other Current 26.129 26.130 Installation And Connections Regulations Connecting Private Sewage Disposal System to Public Sewer Maintenance of Private Sewage Disposal Facilities 26.131 Written Permit Required For Use of Public Sewer; Application; Fee 26.132 Costs and Expense of Installation and Connection of Building Sewer; £ndemnification 26.133 Separate Building Sewer Provided for Every Building 26.134 Use of Old Building Sewers with New Buildings 26.135 26.136 26.137 26.138 26.139 Building Sewer Specifications Gravity Flow of Building Drain to Public Sewer Surface Runoff or Groundwater Inspection of Connection to Public Sewer Barricades and Liqhts Around Sewer Excavations Use Of Public Sewers 26.140 26.141 26.142 26.143 ;)6.144 26.145 26.146 Wastes Discharqed Into Sanitary Sewers to Meet Criteria Discharge.of Stormwater and Other Unpolluted Drainage Prohibited Discharges to Sewers Discharge of Certain Wastes Restricted Pretreatment, Equalization of Waste Flows Interceptors Maintaining Flow-Equalizing Facilities and/or Treatment 26.147 Admission of Industrial and Commercial Waste National Categorical Pretreatment Standards 2 Interceptors For Preliminary 26.148 26.149 26.150 26.151 26.152 26.153 26.154 Compliance Application of More Stringent Requirements; City Shall Notify Affected Usem City's Right of Revision Excessive Discharge Prevention of Accidental Discharges Written Report Required Describing Cause of Discharge Notice to Employees in Event of Danqerous Discharge; Emergency Notification Procedure 26.155 Notification of Discharge of Hazardous Waste Reporting, Inspections, And Monitoring 26.156 Compliance Date Report 26.157 Periodic Compliance Reports 26.158 Inspection and Sampling ~.6.159 Information and Data to be Made Available Waste Discharge Permits 26.160 Special Permit Required; Term 26.161 Application for Permits User Charge And Industrial Cost Recovery System 26.162 26.163 26.164 26.165 26.166 User Charqes; Wholesale Sewer Rates; Calculation of Sewer Surcharge Application of Surcharge Over Standard Use Fee Industrial Cost Recovery System Review and Amendment on Annual Basis Notice of Violation; Liability for Expense, Loss, or Damage Administration 26.167 Responsibility for Treatment and Disposal 26.168 Right to Enter Premises and Obtain Information Concerning Discharges 26.169 Suspension of Wastewater Treatment Service; Notice to Stop Discharge; Failure. :o Comply 2.6.170 Publication of Users in Significant Violation Violations, Remedies 2.6.171 False Statements of Documents Prohibited 2.6.172 Show Cause Hearinq 26.173 Legal Action Against Use for Appropriate Relief 26.174 Retention of Records Required 3 26.175 Enforcement Plan 26.176 Remedies 26.177 Penalties GENERAL PROVTSI'ONS 26.112 Purpose The purpose of this chapter is to regulate industrial waste pretreatment facilities and discharqe of industrial waste into the Wastewater Facility (WWF) operated by the South Central Regional Wastewater Treatment and Disposal Board and providing for pollutant limitations, data collection, monitoring, and sampling, and providing for penalties for the violation thereof for the following purposes: [1) To prevent the introduction of pollutants into the city's wastewater system which will interfere with the normal operation of the wastewater collection system or the wastewater treatment plant, or which will contaminate the resultinq municipal sludge; [2) To prevent the introduction of pollutants into the city's wastewater collection system which do not receive adequate treatment by the WWF, and which will pass ~hrough the system into receivinq waters or the atmosphere or otherwise be incompatible with the system; I3) To protect the Wastewater Facility workers and the general public; {4) To provide for fees for the equitable distribution of the costs of operation, maintenance, and improvement of the Wastewater Facility; [5) 'Fo improve the opportunity to recycle and reclaim wastewater and sludge from the system.; and ~6) To enable the City to comply with its National Pollutant Discharqe Elimination -System permit conditions, sludge use and disposal requirements, and any other Federal ~r State laws to which the WWF is subject. 26.113 Policy And Scope l-he policy is established that the provisions of this chapter will be enforced to the :ullest extent possible under the provisions of Federal Pretreatment Regulations 40 CFR ~art 403 and Florida Administrative Code Rules, 62-302, 62-600, 62-604, 62-610, and 52-625 issued by the Florida Department of Environmental Protection. The standards set forth are minimum requirements to ensure the general health and welfare of the. ~ublic. Except as otherwise provided herein, the City shall administer, implement, and .:nforce the provisions of this ordinance. 26.114 APplication Of Chapter (1) The use of city wastewater facilities by any entity or local government shall subject that entity or local government to the application of this chapter. This shall include, but not be limited to, wholesale, retail, and large agreement users, whether inside or outside the city limits. 11(2) The regulations of this chapter shall apply to all users of the sewer facilities of the city whether inside or outside the city, including all other local governments such as, but not limited to, the Town of Highland Beach, the Town of Gulf Stream, and contributions from incorporated or unincorporated agencies of Palm Beach County. Furthermore, all local government users shall be required, within sixty (60) days after enactment of this chapter and notice thereof, to enact ordinances substantially similar to this chapter and to apply and enforce the same to all users of their public and sanitary sewer systems. 26.:L:L5 Definitions 1'he following abbreviations, when used in this ordinance, shall have the designated meaninqs: BOD CFR SOD DEP EPA Biochemical Oxygen Demand Code of Federal Regulations Chemical Oxygen Demand Department of Environmental Protection United States Environmental Protection Agency FAC ;pd rng/I NPDES POTW ~CRA .~IC Standard Industrial Classification Florida Administrative Code gallons per day milligrams per liter National Pollutant Discharge Elimination System Publicly Owned Treatment Works Resource Conservation and Recovery Act 1'SS Total Suspended Solids LJSC United States Code ~VWF 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 ~Vater Act of :L977, as amended, 33 U.S.C. 1251, et seq. "Approval Authority". The Florida Department of Environmental Protection. 5 "Authorized Representative of the User". (:~) Tf the user is a corporation: (A) The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or (B) The manager of one or more manufacturinq, production, or operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceedinq twenty-five (25) million dollars (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively. (3) If the user is a Federal, State, or local government facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designe~. (4) The individuals described in paragraphs 1 through 3, above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or havinq overall responsibility for environmental matters for the company, and the written authorization is submitted to the City. "Board". The South Central Regional Wastewater Treatment and Disposal Board, including, in the appropriate case, the regional treatment facilities, and all its other facilities. "Board (WWF)". The Board of Directors of the South Central Regional Wastewater and Disposal Board. "B.O.D. (Denoting Biochemical Oxygen Demand)" The quantity of oxygen utilized in the :al oxidation of orqanic matter under standard laboratory procedures for five at 20° centigrade, usually expressed as a concentration (e.g., mg/I). 'Building Sewer". Sewer conveying wastewater from the premises of a user to the col which transmits wastewater to the WWF. "Categorical Pretreatment Standard" or "Categorical Standard". Any regulation con pollutant discharqe limits promulgated by EPA in accordance with Sections 307(b) and (c) Act (33 USC Section 1317) which apply to a specific category of users and which appear CFR Chapter :[, Subchapter N, Parts 405-471. "Chemical Oxygen Demand (C.O.D.)". A measurement of the oxygen equivalent of the matter content of a sample that is susceptible to oxidation by a strong chemical oxidant )rocedures listed in 40 CFR 136. "City". The City of Boynton Beach; all that land and water area included within the bou of the "City" in which the Commission proposes to acquire, establish, construct, extend, o and maintain sanitary sewerage facilities, except as follows: (1) All state and federally owned land and water area located in the city or c except where the state and federal government consent to the provisions chapter. (2) All land and water area duly franchised by the city or county to privately sewer utility companies for the provisions of sewer service, except whe privately owned sewer utility companies consent to the provisions of this chap "Collection System". The system of public sewers to be operated by the city and :onnected to the WWF facilities. "Compatible Pollutant". A substance amenable to treatment in the wastewater treatment plant such as biochemical oxygen demand, suspended solids, pH, and fecal :oliform bacteria, plus additional pollutants identified in the NPDES permit if the ~vastewater facility was designed to treat those pollutants, and in fact, does remove the )ollutant 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 ;)ermit it, then it shall be time proportional. Samples shall be taken during effluent :lischarge times only. r'Coolinq Water". The water discharged from any use such as air conditioning, cooling, ar refrigeration, or to which the only pollutant added is heat, "Direct Discharge". The discharge of treated or untreated wastewater directly to the ~vaters of the State of Florida. r'Director of Utilities, Utilities Director, or Director". This refers to the individual in :harge of the Utilities Department for the city. "Discharge". Means disposal of, depOsit~ place, emit, unload, release or cause or allow to be disposed of, deposited, placed, emitted, unloaded, or released. "Domestic Wastewater". Wastewater derived principally from dwellinqs, commercial buildinqs, institutions, and industry resulting from household or toilet waste resulting from human occupancy. :It may or may not contain ground water, surface water, or stormwater. "Environmental Protection Agency" or "EPA". The U.S. Environmental Protection Agency, or where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of that agency. "Executive Director". The administrative director or his authorized deputy, agent or representative of the South Central Regional Wastewater Treatment and Disposal iBoard. The Executive Director is the authorized administration authority of the South Central Regional Wastewater Treatment and Disposal Board. ~'Existing Source". Any source of discharge, the construction or operation of which :ommenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act. "Garbage". The animal and vegetable waste resulting from the handling, preparation, :ooking, and serving of foods. "Grab Sample". A sample which is taken from a waste stream on a one-time basis ~vithout regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes. "Grantee". Recipient of a federal grant for all or a portion of a treatment works as ~dministered by the Environmental Protection Agency. "Holding Tank Waste". Any waste from holding tanks such as vessels, chemical toilets, :ampers, trailers, septic tanks, and vacuum-pump tank trucks. "]:ndirect Discharqe or Discharge". The introduction of non-domestic pollutants from ~ny source regulated under Section 307(b), (c), or (d) of the Act, (33 U.S.C. 1317), into ~he VWVF (including holding tank waste discharged into the system). "]:ndustrial or Commercial Waste". The liquid wastes from industrial, commercial, or institutional processes as distinct from domestic or sanitary sewage. "]:ndustrial and Commercial Was.re Discharge Permit". A permit issued to control the ~rocess 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. 8 When issued, the permit will define the characteristics and volume of the flow and acceptance or rejection of individual waste components and/or require high strength waste surcharges. "InduStrial Cost Recovery". Recovery by a federal grantee from the industrially classified users of a treatment works of the grant amount allocable to the treatment of wastes from those users. "Industrially Classified User". An industrial or commercial user whose liquid wastes are, in part, made up of flows related to industrial or commercial activities, as distinct from an industrial or commercial user whose waste flows are primarily domestic or resultinq 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. :L342). "~[nstantaneous Maximum Allowable Discharge Limit". The maximum concentration of a )ollutant allowed to be discharged at any time, determined from the analysis of any tiscrete or composited sample collected, independent of the industrial flow rate and the :luration of the sampling event. "~[nterference". A discharqe, which alone or in conjunction with a discharge or :lischarqes from other sources, inhibits or disrupts the WWF, its treatment processes or operations, or its sludge processes, use or disposal; and thereafter, is a cause of a violation of the NPDES permit or of the prevention of sewage sludge use or disposal in :ompliance with any of the following statutory/regulatory provisions or permits hereunder, or any more stringent State or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource £onservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control ACt; and the Marine Protection, Research, and Sanctuaries Act. ~'lVledical Waste:. Isolation wastes, infectious agents, human blood and blood products, )atholoqical wastes, sharps, body parts, contaminated bedding, surgical wastes, )otentially contaminated laboratory wastes, and dialysis wastes~ 'Milligrams Per Liter (mg/I)". The number of units of minor constituents present with ~ach one million (1,000,000) units of the major constituent of a solution or mixture. Milligrams per liter shall be considered equivalent to parts per million. "Monitoring Costs". Those costs incurred by the City in performing monitoring and/or sampling as prescribed by 40 CFR 403. 9 "National Categorical pretreatment Standard". Any federal regulation containing )ollutant discharge limits promulgated by the EPA which applies to a specific category )f industrial users. "National Pollutant Discharge Elimination System" or "NPDES Permit". A permit issued )ursuant 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". other water body. "New Source". Any ditch, canal, stream, waterway, lake, river, pond, well, gully, or (2) 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 existinq source; or (C) The production of wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existinq source at the same site. ]:n 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. 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 (3) building, structure, facility, or installation meeting the criteria of Section (1)(B) or (C) above but otherwise alters, replaces, or adds to existing process or production equipment. Construction of a new source as defined under this paragraph has commenced if the owner or operator has: 10 (A) Begun, or caused to begin, as part of a continuous onsite construction program (i) any replacement, assembly, or installation of facilities or equipment; or (ii) significant site preparation work including land clearing, excavation, or removal of existing buildinqs, structures, or facilities which is necessary for the replacement, assembly, or installation of new source facilities or equipment; or (B) Entered into a bindinq 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, engineerinq, 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 :ontact 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 3 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 3nd which is the result of a user's discharge of the pollutant either alone or in :onjunction with other user's discharqes of the pollutant into the WWF. A user :ontributes to pass through when the user: [1) Discharges a pollutant concentration or a daily pollutant loading in excess of that ~llowed by the City or by Federal or State law. [2) Discharges wastewater which substantially differs in nature and constituents from ~he user's normal average discharge; ~3) Knows or has reason to know that its discharqe, alone or in conjunction with :lischarqes 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 ~ffluent limitations in its NPDES permit and that such user's discharge either alone or in :onjunction with discharges from other users, increases the magnitude or duration of ~he WWF's viOlations. "Person". Any individual, partnership, co-partnership, firm, company, association, society, corporation, joint stock company, trust, estate, governmental entity, group, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local entities. "Point SoUrce''. The initial point of discharge into a sewer system. "pH" Logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of tsolution; a measure of the acidity or alkalinity of a solution, expressed in standard units. "Pollutant". Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, and agricultural wastes, and certain characteristics of wastewater (e.g. pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor). "Pollution". The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water. "Pretreatment". The reduction of the amount of pollutants, the elimination of )ollutants, or the alteration of the nature of pollutant properties in wastewater to a-less larmful state prior to or in lieu of discharging or otherwise introducing those pollutants iinto a WWF. The reduction or alteration can be obtained by physical, chemical, or biological processes, or process chanqes or by other means, except as prohibited by 40 SFR Section 403.6(d). "Pretreatment Requirements". Any substantive or procedural requirement for treatinq 3f a waste prior to inclusion in the WWF. "Pretreatment Standards". National Categorical Pretreatment Standards or alternative :lischarcle limits, whichever is applicable. 'Prohibited Discharge Standards or Prohibited Discharges". Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 26.142 3f this ordinance. "Properly Shredded 'Garbaqe". The wastes from the preparation, cooking, and :lispensing 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. r'PUblic Sewer". A sewer in which all owners of abutting properties have equal rights, and which is controlled by public authority. 12 "Publicly Owned Treatment Works (POTW)". ]:n this case, the regional treatment plant operated by the South Central Regional WaStewater Treatment and Disposal Board, and the collection sewer system owned and operated separately by the Cities of Delray and Boynton Beach. (also see Wastewater Facility - WWF) "Regional Treatment Facilities". The South Central Regional Wastewater Treatment Plant transmission and disposal facilities as operated by the South Central Regional Wastewater Treatment and Disposal Board of Palm Beach County, Florida. ti"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. "Sanitary Sewage". The household and toilet wastes resulting from human occupancy. "Sanitary Sewer". A sewer which carries sewage and to which storm, surface, and ground water are not intentionally admitted. "Septic Tank Waste". Any sewage from holding tanks such as vessels, chemical toilets, :ampers, trailers, and septic tanks. "Sewage". A combination of the water carried wastes from residences, business buildings, institutions, and industrial establishments, together with ground, surface, and ~tormwater that may be present. "Sewage Works". All facilities for collecting, ~vastewater including the WWF. "Sewer". A pipe or conduit for carrying sewage. "Shall" is mandatory; "May" is permissive. 'Significant ]:ndustrial User". ~1) A user subject to categorical pretreatment standards; or ~2) A user that: (A) of cooling, and boiler blowdown wastewater); pumping, treating, and disposing of Discharges an average of twenty-five thousand (25,000) gpd or more process wastewater to the POTW (excluding sanitary, noncontact 13 (B) Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or (C) Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement. {3) Upon a finding that a user meetinq the criteria in Subsection (2) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from a user, and in accordance with )rocedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a ;ignificant industrial user. "Significant Non-Compliance". Means that violations of this Ordinance by a user subject to pretreatment standards meet one or more of the following criteria: Chronic Violation: 66% or more of all measurements taken for the same )ollutant durinq a six-month period exceeded (by any magnitude) the applicable daily naximum limit or the applicable average limit; I2) 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 :ategorical pretreatment limitations the TRC equals 1.4 for BOD, TSS and Oil and Srease; and 1.2 for all other pollutants except pH); I3) An effluent violation caused interference or pass through or endangered the health af City personnel or the general public; I4) A discharge caused imminent endangerment to human health, welfare or to the ~nvironment and resulted in the City exercising its emergency authority under Section 26.147 of this Ordinance; I5) Failure to meet a compliance schedule milestone date within ninety (90) days or more after the scheduled date; I6) 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 )retreatment program. 14 "Significant Violation". A violation that remains uncorrected 45 days after notification of non-compliance; which is part of a pattern of non-compliance over a twelve-month )eriod; which involves a failure to accurately report non-compliance; or which resulted n the WWF exercising its emergency authority under Section 403.8 (F)(1)(vi)(B) of the Act. l"Slug". Any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average 24-hour concentration of flows during normal operation. "Standard Industrial Classification (SIC)". Classification pursuant to the Standard iIndustrial Classification Manual issued by the Executive Office of the President, Office of [vlanagement and Budqet, 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 VVVVF to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this chapter, or his duly authorized representative. "Surcharge". An extra charge levied to a user for treatment of compatible wastewaters that contain substances in excess of specified maximum allowable limits. "Suspended Solids". Solids that are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering. "Toxic Pollutant". Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CWA 307(a) or other acts. "Treatment Plant". That portion of regional treatment facilities designed to provide :reatment to wastewater and is operated by the South Central Regional Wastewater l-reatment and Disposal Board. "Treatment Works". The wastewater treatment plant, interceptors, force mains, lift stations, and collection systems. 15 "User". Any person who contributes, causes, or permits the contribution of wastewater into the WWF. "User Charge" or "User Fee". A charge levied on the Users of the treatment process facilities for the cost of operation and maintenance of those facilities and other equitable and necessary charges. "Wastewater". The liquid and water carried industrial or domestic wastes from dwellings, commercial buildinqs, industrial facilities, and institutions, whether treated or untreated, which is contributed into or permitted to enter the WWF. "Wastewater Facility" (WWF). Any or all of the following: the collection/transmission system, the treatment plant, and the reuse or disposal system. "Wastewater Treatment Plant". Any arrangement of devices and structures used for treating wastewater, such as the WWF. "Watercourse". A channel in which a flow of water occurs, either continuously or intermittently. 26.116 Compliance With Provisions Or More Stringent Regulations 1'he use of public sanitary sewers shall be as outlined in this chapter or through other regulations as may be promulgated by the city or the WWF under the authority of this :hapter. No statement contained in this chapter shall be construed to interfere with any additional requirements that may be imposed by health agencies. 26.117 Disposal Of Sewage Other Than Through Regional Facilities The disposal of sewage by means other than use of the available regional ~vastewater facilities shall be in accordance with city, county, state, and federal law. I2) The disposal of sewaqe to the WWF shall be as outlined in this chapter and shall be subject to standards which meet or exceed the city industrial and commercial waste 3rdinance requirements as they shall exist from time-to-time. 26.118 Right To Refuse Waste Upon Noncompliance 1'he city shall have the right to refuse waste from any user where wastewater does not :omply with this chapter. 26.119 Depositing Objectionable Wastes On Public And Private Property 16 Tt shall be unlawful for any person to place, deposit, or permit to be deposited, in any unsanitary manner on public or private property within the city, or in any area under the. jurisdiction of the city, any human excrement, garbage, or other objectionable waste. Penalty, see 26.177 26.120 Discharqinq Into Natural Outlets ~[t shall be unlawful to discharqe to any natural outlet within the city, or in any area under the jurisdiction of the city, any sewage or other polluted waters, except where. suitable treatment has been provided in accordance with subsequent provisions of this chapter. Penalty, see 26.177 26.121 Privies, Septic tanks, And Other Facilities Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. Penalty, see 26.177 26.122 Suitable Toilet Facilities The owners of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes situated within the city and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the city are required, at their expense, to install suitable toilet facilities therein, and to connect those facilities directly with the proper public sewer, in accordance with applicable state and county regulations, within ninety I90) days after date of official notice to do so. Penalty, See 26.177 26.123 Discharqe Prohibited In Storm Sewer System Under no condition shall the discharge of domestic, sanitary, industrial, or commercial waste be permitted into the storm sewer system. Penalty, see 26.177 26.124 Damaqinq Or Tamperinq With Sewaqe Works No person shall break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the sewage works. Penalty see 26.177. PRIVATE SEWAGE DTSPOSAL SYSTEM 26.125 ConnectJnq BuJldinq Sewer To Private Sewaqe Disposal System Where a public, sanitary, or combined sewer is not available under the provisions of 26.122, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this subchapter. 26.126 Written Permit To Be Obtained, Application, Inspection Fee Before the commencement of construction of a private sewage disposal system, the owner shall obtain a written permit signed by the Authorized City Official. The application for the permit shall be made on a form furnished by the city which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the Authorized City Official. A permit and inspection fee of $50 shall be paid to the city at the time the application is filed. Penalty, see 26.177 26.127 County To Inspect Installations A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the county. The county shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the )ermit shall notify the county when the work is ready for final inspection and before any Jnderground portions are covered. 26.128 Compliance With State Department of Environmental Protection And Other Current Regulations The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the State Department of Environmental Protection. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities unless it conforms to all current regulations. No septic tanks or cesspool shall be permitted to discharge to any natural outlet. Penalty, see 26.177 26.129 Connecting Private Sewage Disposal System to Public Sewer At a time when a public sewer becomes available to a property served by a private sewage disposal system, as provided herein, a direct connection shall be made to the )ublic sewer in compliance with this chapter, and any septic tanks, cesspools, and ;imilar private sewage disposal facilities shall be abandoned and filled with suitable material. 26.130 Maintenance Of Private Sewaqe Disposal Facilities The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city. Penalty, see 26.177 18 t'NSTALLATTONS AND CONNECTI'ONS 26.131 written Permit Required For Use Of Public Sewer; Application; Fee l[1) No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city. (2) The permit application shall be supplemented by any plans, specifications, or other .information considered pertinent in the judgment of the city. A permit and inspection fee shall be paid to the city at the time the application is filed. The permit fee for those establishments discharging industrial wastewater is further explained in this chapter. Penalty, see 26.177 26.132 Costs And Expense Of Installation And Connection Of Buildinq Sewer; Indemnification All costs and expense incidental to the installation and connection of the building sewer shall be borne by the owner or user. The owner and user shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. 26.133 Separate Buildinq Sewer Provided For Every Buildina ~ separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or'can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. Penalty, see 26.177 26.134 Use Of Old Buildinq Sewers With New Buildinqs Old building sewers may be used in connection with new buildings only when they are Found, on examination and tested by the Building Official, to meet all requirements of :his chapter. 26.135 Buildinq Sewer Specifications The size, slope, alignment, materials of construction of a building sewer, and the 'nethods to be used in excavating, placing'of the pipe, joining, testing, and backfilling :he trench, shall all conform to the requirements of the building and plumbing codes or )ther applicable rules and requlations of the city. Tn the absence of code provisions, or n amplification thereof, the materials and procedures set forth in appropriate ~pecifications of the ASTIVl and WEF IVlanual of Practice No. 9, as same may be ]mended from time-to:time, shall apply: 19 All connections shall be made gastight and watertiqht, any deviation from the )rescribed procedures and materials must be approved by the Building Department )efore installation. 26.136 Gravity Flow Of Buildinq Drain To Public Sewer Whenever possible, the building sewer shall be brought to the building at any elevation below the basement floor. ]:n all buildings in which any building drain is too Iow to )ermit gravity flow to the public sewer, sanitary sewage carried by that building drain shall be lifted by an approved means and discharqed to the building sewer. 26.137 Surface Runoff Or Groundwater No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or any other connected appurtenances, or other sources of surface runoff or groundwater to a building sewer or building drain which, in turn, is connected directly or indirectly to a public sanitary sewer. Penalty, see 26.177 26.138 Inspection Of Connection To Public Sewer 1-he applicant for the building sewer permit shall notify the city when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the city officials or city representatives. 26.139 Barricades and Liqhts Around Sewer Excavations ~11 excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, ~arkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city. Penalty, see 26.177 USE OF PUBLIC SEWERS 26.140 Wastes Discharqed Into Sanitary Sewers To Meet Criteria ~,11 waste discharged to public sanitary sewers, which in turn discharge to the regional ~reatment facilities (WWF), shall meet or exceed the following criteria of this subchapter. 26.141 Discharqe Of Stormwater And Other Unpolluted Drainaqe '~l) No person shall discharge or cause to be discharged any stormwater, surface Mater, ground water, uncontaminated cooling water or unpolluted industrial process ~vaters to the sanitary sewer. 20 (2) 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 discharqed on approval of the Utilities Director to a storm sewer or natural outlet. Penalty, see 26.177 1126.142 Prohibited Discharqes To Sewers No person shall discharge or cause to be discharged any of the followinq described waters or wastes to any sanitary sewers: I1) Flammable or explosive liquids, solids, or gases, including, but not limited to, lasoline, benzene, naptha, fuel oil, or other materials with a closed-cup flashpoint of ~ss than 140° F. (60o C.) using the test methods specified in 40 CFR 261.21. I2) Pollutants having a pH of less than 5.0, or greater than 9.5, or otherwise causing corrosive damage to the WWF or its equipment. I3) Pollutants, including oxygen-demanding pollutants (BOD, etc.) released at a flow rate and/or concentration which, either singly or by interaction with other pollutants, will cause interference with the WWF. I4) Any liquid having a temperature higher than 150o F. or causing the wastewater Lreatment plant influent to exceed 104° F. I5) Any water or waste containing petroleum oils, mineral oils, or non-biodegradable :utting oils in amounts that will cause interference or pass through, or any fats, wax, irease, or other oils, whether emulsified or not, in excess of 100 milligrams per liter or ontaining substances which may solidify or become viscous at temperatures between 32° F. and 150° F. (O° C. and 60o C.). [6) Pollutants which result in the presence of toxic gases, vapors, or fumes within the WWF in quantities that may cause acute worker health or safety problems. [7) Any trucked or hauled wastes, except at discharge points designated by the Director. Tndustrial waste haulers may discharge loads only at locations designated by :he Director. No load may be discharged without prior consent of the Director. The Director may collect samples of each hauled load to ensure compliance with applicable standards. The Director may require the industrial waste hauler to provide a waste ~nalysis of any load prior to discharge. f,8) Any water or wastes containinq toxic or poisonous or pathogenic solids, liquids, or I~lases 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 21 animals, create a public nuisance or an acute health or safety hazard, interfere with the ability to repair or maintain the WWF, or create any hazard in the receiving waters of the wastewater treatment plant. (9) Solid or viscous substances in quantities or of a size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes, cups, milk containers, and the 'like, either whole or ground by garbage grinders. Penalties, see 26.177 I10) Wastes which impart color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consistently impart color to the treatment plant's effluent. Ill) Wastewater contair~ing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations. I12) Sludges, screenings, or other residues from the pretreatment of industrial wastes. I13) Medical wastes, except as specifically authorized by the Director. Wastes causinq, either alone or in conjunction with other sources, the treatment )lant's effluent to fail a toxicity test. 115) Detergents, surface active agents, or other substances which may cause excessive foaming in the WWF. pOllutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the WWF. Except where ~xpressly authorized by an applicable pretreatment standard or requirement, no user ~hall ever increase the use of process water, or in any other way attempt to dilute a discharqe as a partial or complete substitute for adequate treatment to achieve :ompliance with a pretreatment standard or requirement. The City may impose mass limitations on users that are using dilution to meet applicable pretreatment standards or requirements. 26.143 Discharqe Of Certain Wastes Restricted No person shall discharqe or cause to be discharged, the below described materials, ~vaters, or wastes (collectively, the substances) if it appears likely that acceptance of Lhose wastes can harm the wastewater treatment process or equipment, the public ~ewers, the sanitary sewer systems, or have an adverse effect on the receiving water ~)ody, or can otherwise endanqer life, limb, public property, or constitute a nuisance. 1'he decision shall be based on those factors as the quantities subject wastes in relation 22 to flows and velocities in the sewers, materials of construction of the sewers, nature of the wastewater treatment process, capacity of the wastewater treatment plant, degree of treatability of waste in the wastewater treatment plant, and other pertinent factors. The substances restricted are: (1) Any liquid having a temperature higher than 150° F. or causing the wastewater treatment plant influent to exceed :[040 F. (2) Any water or waste containinq fats, wax, grease, or oils, whether emulsified or not, in excess of :[00 milligrams per liter or containing substances which may solidify or become viscous at temperatures between 320 F. and 150° F. (O° C. and 600 C.). I3) Any waters or wastes containing strong acid, iron, pickling wastes, or concentrated plating solutions whether neutralized or not. I4) Any waters or wastes containinq phenols or other taste or odor producing substances, in a concentration exceeding limits which may be established by the WWF 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 receivinq waters. I5) Any garbage that has not been properly shredded, which shall mean particles in size no greater than :[/2 inches measured in any dimension. I6) 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. I7) Any waste containing restricted substances in quantities in excess of the followinq 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: Parameter Limit Metals Antimony 2 mg/I Arsenic 0.9 mg/I Cadmium 0.5 mg/I Chromium - Hexavalent 0.5 mg/I Chromium - Total 3 mg/I Copper 2 mg/I Iron 5 mg/I Lead 0.9 mg/I 23 Mercury 0.01 mg/I Nickel 0.7 mg/I Selenium 0.25 mg/I Silver t mg/I Zinc 2 mg/I Inorganics Ammonia 100 mg/I (Surcharge) * Chloride 600 mq/I Cyanide I mg/I Cyanide Amenable to Chlorination 0.5 mq/I Fluoride 50 mq/I pH - 9.5 Standard Units Organics BOD COD Oil and Grease 500 mg/I (Surcharge) * 1,000 mg/I (Surcharge) * Petroleum Hydrocarbons Phenol tOO mg/I Phenolic Compounds, Total Toxic Organic Compounds, Total 25 mg/I 5 mg/I .5 mg/I 5 mg/I, No one Parameter over I mg/I Physical TSS 500 mg/I (Surcharge) * Particle Size One-half inch or less Radioactive Elements None detectable * : May be Subject to High Strength Sewer Surcharge (Refer to Section 26.162) ~8) Any waste from sodium-cycle cation exchange (water softening) units from industrial or commercial users where the chloride content exceeds 600 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 ~vaste treatment facilities without a special permit issued by the city. r~10) Any Water or waste with a chlorine demand greater than 15 milliqrams per liter. 24 (11) Any radioactive wastes or isotopes or half-life or concentration as may exceed limits established by the WWF in compliance with applicable state or federal requlations. 11(12) Volume of flow or concentration of wastes constituting a slug as defined in 26.115. (13) 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. (14) Any waters or wastes containing suspended solids in excess of 175 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. (15) Any waters or wastes with a five-day, 200 C. B.O.D. greater than 220 milligrams )er liter unless the user is approved by the city and provided further that the user :omplies with the requirements of the city's high strength sewer surcharge system. (16) Any waters or wastes containing chemical oxygen demand (COD) greater than 4 mg/L unless the user is approved by the City and provided further that the user compli with the requirements of the City's high strength sewer surcharge system. (17) Total toxic organics as defined in 40 CFR, Part 413.03[c] are not to exceed 5.0 mg with no one parameter over 1.0 mg/I. (18) Any waters or wastes with an ammonia nitroqen content greater than 50 milligrams per liter unless the user is approved by the city and provided further that the user complies with the requirements of the city's high strength sewer surcharge system. Penalties, see 26.177 26.144 Pretreatment, Equalization Of Waste Flows I1) If any waters or wastes are discharqed, or are proposed to be discharged to the )ublic sewers, which waters contain the substances or possess the characteristic~ ,~numerated in 26.143, and which, in the judgment of the Utilities Director, may have a :leleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Utility Director may: (A) Reject the wastes. (B) sewers. Require pretreatment to an acceptable condition for discharge to the public 25 (C) Require control over the quantities and rates of discharge. (D) 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. Ii ~¢ ~h~ WWF ~h~ pretreatment or equalization of waste flows, the plans for the design and installation of the equipment shall be subject to the review and approval of the WWF and the city and subject to the requirements of applicable codes, ordinances, laws, and compliance schedules as established by the city. :In addition, any major contributing industry as defined by 40 CFR 403 shall comply with 40 CFR 403.12 and any other regulation as shall from time-to-time be established by EPA or other appropriate regulating governmental agency. 26.:L45 Interceptors Grease, oil, hair, lint and sand interceptors are to be provided when, in the opinion of the Utilities Director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand, or other harmful ingredients; except that those interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the city and shall be so located as to be readily and easily accessible for :leaninq and inspection. Penalties, see 26.177 26.:E46 Maintaininq Flow-Equalizinq Facilities and/or Interceptors For Preliminary Treatment Where preliminary treatment or flow equalizing facilities and/or interceptors are )rovided for any waters or wastes, they shall be maintained continuously in satisfactory tnd effective operation by the user at his expense. Use of solvents and/or detergents 3nd/or soaps, and/or degreasers is restricted to those levels which do not interfere with the proper functioning of the interceptors. ~[nterceptors like, but not limited to, grease traps, lint traps, or grit traps must have a watertight closure for their inspection covers. The covers themselves must be of a type to conform with the plumbing codes of the Sity's Building Department. Penalties, see 26.177 26.147 Admission Of Industrial And Commercial Waste All users of the public sewers or sanitary sewers shall recoqnize and comply with the Following: ~1) 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. ]:t shall be the policy 26 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. ~[n all cases, a special permit will be issued which will state specific conditions and requirements to be maintained. ]:t is also recoqnized 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. (2) (A) Approval in advance by the city is required for the anticipated admission of industrial or commercial wastes into the public sewers having: (i) A five-day, 20o C. B.O.D. greater than 220 milligrams per liter, or chemical oxygen demand (COD) greater than 440 milligrams per liter. (ii) A suspended solids content greater than :[75 milligrams per liter. (iii) Ammonia nitrogen greater than 50 milligrams per liter. (iv) An oil/grease content greater than :[00 milligrams per liter. (v) A total toxic organic content of greater than 5 milligrams per liter, with no one parameter over :[ milliqram per liter. (B) The user shall provide chemical analyses of the discharge according to a schedule to be established by the WWF and continued discharge shall be subject to approval of the city. {3) Samples shall be collected so as to be a representative sample of the actual quality af 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 :[36 and 62-625.600, FAC (also see 26.158). I4) When required by the Utilities Director, any establishment discharging industrial or :ommercial 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 includinq 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. [f any establishment wishes :o meter its waste discharge into the sewer system to verify in-product water retention ~r other uses of metered flow, they may, at their sole expense, install a flow-metering Jevice as approved by the Utilities Director. The control station shall be accessible to 2? city personnel at all times for sampling. All authorized WWF or city employees shall be )ermitted, upon suitable notice to the user, to enter upon all properties for the purpose )f 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. Penalties, see 26.177 NATZONAL CATEGORTCAL PRETREATMENT STANDARDS; DTLUTI'ON Ii26.:L48 Compliance )Industrial users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all national categorical pretreatment standards within the time limitations as specified by the federal pretreatment requlations and as required by the city. Industrial users with integrated facilities shall comply with any alternative discharge limits as set by the city. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated, and maintained solely at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be~ submitted to the city for review at the request of the city. The review of those plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to the city prior to the user's initiation of the changes. I2) The categorical pretreatment standards found at 40 CFR Chapter 1, Subchapter N, Parts 405-471 are hereby incorporated. (A) Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Director may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(C) and Rule 62-625.410(4), FAC. (B) When wastewater subject to a categorical pretreatment standard is mixed wastewater not regulated by the same standard, the Director shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6(E) and Rule 62-625.410(6), FAC. (C) A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13 and Rule 62-625.700, FAC, that factors relating to its discharqe are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard. 28 (D) A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15 and Rule 62-625.820, FAC. (3) Dilution. No user shall ever increase the use of process water, or in any way attempt to dilute a discharqe, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Director may impose mass limitations on users who are using dilution to meet applicable pretreatment standards Or uirements, or in other cases when the imposition of mass limitations is appropriate. All records relating to compliance with pretreatment standards shall be available tn of the city, the WWF, EPA, Or FDEP upon request. Penalties, see 26.:[77 Application Of More Strinqent Requirements; City Shall Notify Affecte the promulgation of the national categorical pretreatment standards or alternativ! limits for a particular industrial subcategory, the pretreatment standard, if mor~, than limitations imposed under this chapter for sources in that subcategory, sha immediately supersede the limitations imposed under this chapter and shall be considere of this chapter. After the city receives notice, the city shall notify all affected users c )licable reporting requirements under 40 CFR 403.12. 150 City's Riqht Of Revision reserves the right to establish by further ordinance or regulation more stringen, limitations or requirements on discharges to the sewaqe works if deemed necessary t with the obiectives presented in this chapter. Excessive Discharge users are prohibited from increasing the use of process water or, in any way, attemptin dilute a discharge as a partial or complete substitute for adequate treatment to achiev with the limitations contained in the national categorical pretreatmen alternative discharge limits, or in any other pollutant-specific limitation develope the city or state. Penalties, see 26.177 Prevention of Accidental Discharges A user shall provide protection from accidental discharge of restricted and prohibite or other substances required by this chapter. Facilities to prevent accident )rohibited and restricted materials shall be provided and maintained at th expense. 29 (2) Prevention of accidental discharges requires, but is not limited to, providing secondar containment for storage of potentially hazardous and/or regulated materials. Th containment requirements are those specified in, but not limited to, 40 CFR 264.17 through 176 and the Palm Beach County Wellfield Protection Ordinance 88-7 Section 5.0 through 5.04. Containment requirements must meet or exceed the following criteria of thi subchapter: (A) Containment Volume to be Provided shall be in accordance with th regulations and ordinances listed and shall meet or exceed the largest of the volum requirements found in those regulations and ordinances. (B) Storage Sheltering. All outdoor storaqe shall be sheltered from rainfall, or a suitable means of removing rainwater from secondary containment areas shall be )rovided. (C) Conditions of the Stored Vessel. All stored containers shall be maintained n sound condition; no rust, corrosion, or other siqns of deterioration of the primary containment wall shall be permitted. All stored containers shall be closed and sealed during storage. (D) Segregation of Chemically Reactive Contents. Materials which are )otentially reactive with each other shall not be stored in the same containment area, Jnless physical barrier separations are provided within the common area. (E) Stand-by Materials/Equipment. Absorbents and pumps for pumping out spills shall be available when needed. (F) Design of Containment Floor/Base. The floor or base of the containment area on which the stored vessels rest shall either be sloped or raised or provided with a :lrain faucet to prevent or minimize contact between the storage container wall and spilled content. (G) Materials of Construction for Containment. The walls, sidings, and floor 3r 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 )roof. 13) On the request of the city, the user shall be required to submit detailed plans showinq facilities and operating procedures to provide this protection. All required users shall complete this plan within ninety (90) days after notification by the city. further required by the city, a user who commences contribution to the public sewers after the effective date of this chapter shall not be permitted to introduce pollutants into ~he system until accidental discharge procedures have been approved by the city. Review and approval of those plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet ~he requirements. 3O (4) In the case of an accidental discharge, it is the responsibility of the user to immediately notify by telephone, the Utilities Director, the Executive Director of the WWF, and the WWF. The notification shall include location of discharge, type of waste, concentration and volume, and correction actions. Penalty, see 26.177 26.153 Written Report Required Describinq Cause Of Discharqe tlWithin five (5) days following an accidental discharge, the user shall submit to the WWF and the city a written report describing the cause of the discharge and the measures to be taken to prevent similar future occurrences. The notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result ~f damage to the public/sanitary sewer system, the sanitary sewer system, the WWF, fish kills, or any other damage to person or property; nor shall the notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this chapter or other applicable law. Penalty, see 26.177 26.154 Notice To Employees In Event Of Danqerous Discharqe; Emerqency Notification Procedure ~. notice shall be permanently posted on the user's bulletin board or other prominent iplace 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 :lischarqe to occur are advised of the emergency notification procedure. Penalty, see 26.177 26.155 Notification of the Discharqe of Hazardous Waste I1) Any industrial user who commences the discharqe of hazardous waste shall notify the Director of Utilities, the Executive Director of the WWF, the EPA Regional Waste rvlanagement 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 :haracteristic hazardous waste under Section 3001 of RCRA or 40 CFR part 261. Such notification must include a description of any such wastes discharged, the name of the hazardous waste as set forth in 40 CFR part 261, the EPA hazardous waste number, the volume, concentration, and mass of such wastes, the type of discharge (continuous, batch, or other), and an estimate of the volume of hazardous wastes expected to be :iischarqed during the followinq twelve months. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. This requirement shall not apply to pollutants already reported under the self-monitoring requirements. ~2) Dischargers are exempt from the requirements of paragraph (1) above during a :alendar month in which they discharge no more than 15 kilograms of hazardous ~vastes, unless the wastes are acute hazardous wastes as specified in 40 CFR Part 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of non-acute hazardous 31 waste in a calendar month, or any quantity of acute hazardous waste, requires a one- time notification. Subsequent months durinq which the industrial user discharqes more. than :[5 kilograms of hazardous waste do not require additional notification, except for the acute hazardous wastes specified in 40 CFR 261.30(d) and 261.33(e). (3) In the case of new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the Utilities Director, the Executive Director of the the EPA Regional Waste IVlanaqement Division Director, and the State hazardous authorities of the discharqe of such substance within 90 days of the effective date of such regulations, except for the exemption in paragraph (2) of this section. ~[n the case of any notification made under this section, the industrial user shall that it has a program in place to reduce the volume and toxicity of wastes enerated 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. see 26.177. REPORT]:NG AND MONZTORTNG 26.:L56 Compliance Date Report fithin thirty (30) days following the date for final compliance with applicable standards or, in the case of a new source, following commencement of introduction of wastewater into the public/sanitary sewer system, the user shall to the Utilities Director, a monitoring report indicating the nature and of all pollutants in the discharge from the requlated process which are. limited by pretreatment standards and requirements and the averaqe and maximum flow for these process units in the user facility which are limited by those )retreatment standards or requirements. The report shall state whether the applicable )retreatment standards and requirements are being met on a consistent basis and, if what additional pretreatment is necessary to bring the user into compliance with )licable pretreatment standards or requirements. This statement shall be siqned an authorized representative of the industrial user. Periodic Compliance Report Each significant user and/or permit-tee shall submit to the city during the months of and November, unless required more frequently in the pretreatment standard or by indicatinq the nature and concentration of pollutants in the effluent are limited by those pretreatment standards or this chapter. :In addition, this shall include a record of daily water consumption which, during the reporting exceeded the average daily water consumption reported in the submission At the discretion of the city and in consideration of those factors as local 32 high or Iow flow rates, holidays, budget cycles, and the like, the city may agree to alter the months during which the above reports are to be submitted. The user shall be. responsible to quantify that fraction of daily water consumption designated for discharc~e to the sanitary sewer, if different from the total water consumption. (2) Reports of Changed Conditions. Each user must notify the Director of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least 30 Days before the change. (A) The Director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission under Section 26.161. (B) The Director may issue a wastewater discharge permit under Section 26.:[60 of this ordinance or modify an existinq wastewater discharge permit under Section 26.:[60 of this ordinance in response to changed conditions or anticipated changed conditions. (3) For purpose of this requirement, significant changes include, but am not limited to, flow 20% percent or greater, and the discharqe of any previously unreported pollutants. 13) Reports of Potential Problems. (A) :In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharqe, or a slug load, that may cause potential problems for the WWF, the user shall immediately telephone and notify the of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user. (B) Within five (5) days following such discharge, the user shall, unless waived in writing by the Director, submit a detailed written report describinq the cause(s) of the discharge and the measures to taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this ordinance. (C) A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in a paragraph (A), above. Employee shall ensure that 33 all employees, who may cause such a discharqe to occur, are advised of the emergency notification procedure. (4) Report from Unpermitted Users. All users not required to obtain a wastewater discharqe permit shall provide appropriate reports to the Director as required. Timing. Written reports will be deemed to have been submitted on the date For reports which are not mailed, postage prepaid, into a mail facility ;erviced by the United States Postal Service, the date of receipt of the report shall overn. 26.158 Inspection And Samplinq The city, through its employees, is authorized to inspect the facilities of any user to ~in whether the purpose of this chapter is being, met and all requirements are with. Persons or occupants of premises where wastewater is created or ed shall allow the city or its representative ready access at all reasonable times all parts of the premises for the purposes of inspection, sampling, records on, records copying, or in the performance of their duties. The city, WWF, DEP, and EPA shall have the right to set up on the user's property those devices are necessary to conduct sampling inspection, compliance monitoring, or metering Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make ements with their security guards so that upon presentation of suitable identification, personnel from the city, WWF, DEP, and EPA will be permitted to enter, delay, for the purposes of performing their specific responsibilities (also see see 26 The user must collect wastewater samples using flow proportional composite techniques. Tn the event flow proportional sampling is not feasible, the may authorize the use of time proportional sampling or a minimum of four (4) rab samples where the user demonstrates that this will provide a representative of the effluent being discharged. In addition, grab samples may be required to compliance with instantaneous discharge limits. Exceptions to flow proportional are samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, volatile orqanic compounds, which must be obtained using grab collection lues. Information And Data To Be Made Available Information and data on a user obtained from reports, questionnaires, permit and monitorinq programs, and from inspections shall be available or other governmental agency in accordance with applicable state statutes federal law. All reports submitted to the city shall be signed by an authorized official contain the following certification statement: 34 "! certify under penalty of law that this document and all attachments were. prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. ! am aware that there are significant penalties for submitting false information, including the possibility fines and imprisonment for knowing violations." Information and data obtained from reports, surveys, permit applications, permits, monitoring requirements, and inspection and sampling activities shall be made available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Director, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable State law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to ~he NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as :onfidential information and will be made available to the public without restriction.. A :opy of the procedure for handling confidential information will be kept on file at the WWF. WASTE DTSCHARGE PERI4]:TS 26.160 Special Permit Required; Term special permit will be required for each Significant ]:ndustrial User, and all other Industrial Users identified as having other than domestic wastes or waste from sanitary :onveniences at the discretion of the Utilities Director. The fixed life of a permit is set ~p to five years from date of issue, and a renewed waste discharge permit will have a fixed life of up to five years. These permits may involve the implementation of a Formula for surcharge for wastes which exceed the sewage parameters for strength as set forth in 26.162 through 26.165. Permits shall not be transferred, conveyed, assigned, or sold. Penalties, see 26.177 ~:[) Wastewater Analysis. 35 When requested by the Director, a user must submit information on the nature and characteristics of its wastewater within sixty (60) days of the request. The Director is authorized to prepare a form for this purpose and may periodically require users to update this information. (2) Wastewater Discharge Permit Requirement. (A) No significant industrial user shall discharqe wastewater into the WWF without first obtaining a wastewater discharcle permit from the Director, except that a significant industrial user that has filed a timely application pursuant to Section 3 of this section may continue to discharcle for the time period specified therein. (B) The Director may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this ordinance. (C) Any violation of the terms and conditions of a waster water discharge permit shall be deemed a violation of this ordinance and subjects the wastewater discharge permit-tee to the sanctions set out in Section 26.177 of this ordinance. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local law. I3) Wastewater Discharge Permitting: Existing Connections. Any user required to obtain a wastewater discharge permit who was discharging waste ~vater into the WWF prior to the effective date of this ordinance and who wishes to :ontinue such discharges in the future, shall, within thirty (30) days after said date, apply to the Director for a wastewater discharge permit in accordance with Section 26.:[6:[ of this ordinance, and shall not cause or allow discharges to the WWF to :ontinue after thirty (30) days the effective date of this ordinance except in accordance Mth a wastewater discharge permit issued by the Director. ~4) Wastewater Discharge Permittinq: New Connections. Any user required to obtain a wastewater discharge permit who proposes to beqin or recommence discharging into the WWF must obtain such permit prior to the beginning ar recommencing of such discharge. An application for this wastewater discharge ~ermit, in accordance with Section 26.:[61 of this ordinance, must be filed at least thirty ~30) days prior to the date upon which any discharge will begin or recommence. ~,5) Wastewater Discharge Permit Duration. 36 ~, wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Director. Each wastewater discharge permit will indicate a specific'date upon which it will expire. (6) Wastewater Discharge Permit Contents. ~ wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Director to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect against damage to the WWF. Wastewater discharge permits must contain: (A) A statement that indicates wastewater discharge permit duration, which in no event shall exceed (5) five years. (B) A statement that the wastewater discharge permit is nontransferable without prior notification to the City of Boynton Beach in accordance with Section 3 of this ordinance, and provisions for furnishing the new owner or operator with a copy of the existinq wastewater discharge permit; (C) Effluent limits based on applicable pretreatment standards; (D) Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law; and (E) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may nOt extend the time for compliance beyond that required by applicable Federal, State, or local law. ~Vastewater discharcje permits may contain, but need not be limited to, the followinq :onditions: (F) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization; (G) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works; 37 (H) Requirements for the deVelopment and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharqes; (I) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the VVWF; (.1) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the WWF, (K) Requirements for installation and maintenance of inspection and sampling facilities and equipment; (L) A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and (M) Other conditions as deemed appropriate by the Director to ensure compliance with the ordinance, and State and Federal laws, rules, and regulations. 7) Wastewater Discharge Permit Modification. 1'he Director may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons: (A) To incorporate any new or revised Federal, State, or Local pretreatment standards or requirements. (B) To address significant alterations or additions to the user's operation, process, or wastewater volume or character since the time of wastewater discharge permit issuance; (C) A change in the WWF that requires either a temporary or permanent reduction or elimination of the authorized discharge; (D) Information indicating that the permitted discharge poses a threat to the City of Boynton Beach WWF, City personnel, or the receivinq waters; (E) Violation of any terms or conditions of the wastewater discharge permit; (F) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting; 38 (G) Revisions of or a grant of variance from categorical pretreatment standard~ pursuant to 40 CFR 403.13; (H) To correct typographical or others errors in the wastewater discharge permit; or (~[) To reflect a transfer of the facility ownership to a new owner or operator. (8) Wastewater Discharge Permit Transfer. Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least thirty (30) days advance notice to the Director and the Director approves the wastewater discharge permit transfer. The notice to the Director must include a written certification by the new owner or operator which: (A) States that the new owner and /or operator has no immediate intent to change the facility's operations and processes; (B) :Identifies the specific dates on which the transfer is to occur; and (C) Acknowledges full responsibility for complying with the existing wastewater discharge permit. 'allure to provide advance notice of a transfer renders the wastewater discharqe permit void as of the date of facility transfer. I9) Wastewater Discharge Permit Reissuance. user with an expiring wastewater discharge permit shall apply for wastewater Jischarqe permit reissuance by submitting a complete permit application, in accordance ~vith 26.161 of this ordinance, a minimum of thirty (30) days prior to the expiration of :he user's existing wastewater discharge permit. 26.161 Application For Permits; Contents ~1) Contents of Application. All users required to obtain a wastewater discharge permit must submit a permit application. The Director may require all users to submit as part ~f an application the followinq information: (A) All information required by Section 26.156 of this ordinance; (B) Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be discharqed to the WWF; 39 (C) Number and type of employees, hours of operation, and proposed or actual hours of operation; (D) Each product produced by type, amount, process or processes, and rate of production; (E) Type and amount of raw materials processed (average and maximum per day); (F) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharqe; (G) Time and duration of discharges; and (H) Any other information as may be deemed necessary by the Director to evaluate the wastewater discharge permit application. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. I2) 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 )ermit certificate specifying limitations on what the user may discharge. The Permittee ~ay appeal specific conditions of the permit for a period of 30 calendar days following the date of issuance. After this period, the Permittee waives all right to appeal the :onditions of the permit. I3) The initial permit shall be effective for a period of up to five years from date of issuance and must be renewed annually by the applicant in order to continue that waste :lischarqe. I4) An application for an initial permit shall be accompanied by a cashier's check for the first year's fees in the amount of $500 plus the City's monitoring costs as prescribed by ~0 CFR 403. (A) ~[ndustrial and Commercial Waste Discharge Permit Form. The form of )ermit for industrial and commercial wastes shall be as specified by the city. Specific )rovisions for continued acceptance by the city of the waste shall be attached to and ~ade a part of the permit to discharge. The city may prescribe those items as ~qualized flow discharge, prechlorination, or additional limitations on waste :haracteristics not adequately described in this ordinance or may prescribe )retreatment quality, requirements for the waste flow in detail. 4O (B) Renewal of Tndustrial and Commercial Waste Discharge Permit. The application for a renewed waste discharge permit shall be of a form specified by the city. (5) Application Signatories and Certification. All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the followinq certification statement: "! certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons, who manage the system, information submitted is, to the best of my knowledge and belief, true, accurate, and complete. ! am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." I6) Wastewater Discharqe Permit Decisions. 1'he Director will evaluate the date furnished by the user and may require additional information. Within thirty (30) days of receipt of a complete wastewater discharge permit application, the Director will determine whether or not to issue a wastewater :tischarqe permit. The Director may deny any application for a wastewater discharge )ermit. 17) Administration of Permits. (A) The administration of the industrial and commercial waste discharge permit program and the application of the surcharge formula imposes additional obligations of the cities. (B) The city, in addition to determining the waste flow volumes and analyzing the waste strengths for development of the surcharge, must also maintain an accurate record of the permit applications, permits, meter installation details, meter calibrations, ~nd shall make available to each establishment the necessary renewal application forms. 4! USER CHARGE AND I'NDUSTRTAL COST RECOVERY SYSTEM 26.162 User Charcles; Wholesale Sewer Rates; Calculation Of Sewer Surcharcle (1) 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: (A) Sewer Rates. A charge for waste resultinq 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: (i) Operation and maintenance (ii) Debt service (iii) Capital costs (iv) System expansion (v) Others as applicable Consult the Water/Sewer Billing Department for the prevailing rates expressed as $/ 1,000 gallons of water consumption. (B) Sewer Surcharge. A surcharge for waste in excess of the parameters for strength established in the industrial and commercial waste ordinance, and set forth in 26.162(2) which may be assessed to applicable customers. I2) Wholesale Sewer Rates. (A) This section is applicable to those wholesale customers which maintain their own wastewater collection systems. They shall be charged a flat rate per 1,000 I'gallons, the quantity of which shall be determined by the metering of the wastewater :lischarqe from each wholesale customer's individual wastewater collection system. (B) The metering device shall be satisfactory to the city and shall provide for ~ separate remote 30-day recording device which shall have a totalizer. Location of the metering device shall be at an accessible location as aqreed upon by the parties involved and as further explained and stipulated in an agreement to be executed by both parties. (C) All costs incident to the furnishinq, installation, initial calibration, and maintenance on a continuing basis of the meter, are and shall be, the wholesale :ustomer's responsibility. The wholesale customer will provide to the city or its :lesignated representative full details on the proposed meter installation and assurance ~hat the installation will commence only upon the written authorization of the city. The 42 city shall provide an authorization within ten (10) days after receipt by the city of the details of the above proposed meter installation. (D) The meter shall be read monthly by a duly authorized aqent of the city, and the wholesale customer shall provide access to the meter for this purpose. In the event of suspected inaccuracy in meter readings, the city shall have the right to request tlthat the meter be tested by an independent organization in accordance with standard Ipractices. :If the meter shall be found inaccurate or defective, the cost of the meter test Ishall be borne by the wholesale customer. Tf the meter shall be found to be accurate and in good condition, the cost of the meter test shall be borne by the city. (E) In the event of extenuating circumstances, the Commission may, at its discretion, direct that sufficient proof other than the installation of a metering device may be acceptable to determine the quantity of wastewater discharge. [3) Calculation of Sewer Surcharge. (A) Calculation of the sewer surcharge shall be in accordance with the following: Percent of Affect Parameter on Costs Allowable Level of Sewage Strength BOD-5 41 220 mg/I (ppm) TSS 15 175" " Ammonia 41 50 " " COD 41 440" " Let: F = F1 + F2 + F3 Where: F = The factor to multiply the sewer rate for a surcharge due to excess strengths. F1 = the strength factor for BOD-5 or COD, whichever is higher. F2 = the strength factor for TSS (total suspended solids) F3 = the strength factor for ammonia (total ammonia) (B) The surcharge will be added to the sewer rate to develop the monthly :ost per customer. As an example of sewer charge calculations utilizing sewer rate and :he strength surcharge formula, assume the following with respect to Ajax Manufacturing Company: total monthly flow of 100,000 gallons; COD of 600 mg/I; 43 BOD5 of 500 milligrams per liter; total suspended solids of 900 milligrams per liter; Ammonia at 100 mg/I; Prevailing monthly sewer rate is $1.52 per 1,000 gallons. (i) Sewer Rate: $1.52/:[000 gallons (:[00,000 gallons/month) = $152/month (ii) Sewer Surcharge Calculation: F:[ = 0.4:[ (500-220) = 0.52 220 F2 = 0.:[5 (900-:[75) = 0.62 :[75 F3 = 0.4:[ (:[00-50)= 0.41 50 F = 0.52+0.62+0.41 = 1.55 (iii) Total IVlonthly Charge (Sewer Rate Plus Surcharge): $152/month + $152/month(1.55) = $ 387.60 26.163 Application Of Surcharqe Over Standard Use Fee I1) A surcharge shall be applied over and above the standard sewer use fee when th wastes from any lot or parcel of land, upon which there is located any building or activit :ontain B.O.D., C.O.D., ammonia, or suspended solids concentration higher than define herein. ~ I2) The surcharge in dollars shall be computed by the formulas included in this subchapte ~stablished for the user charge and industrial cost recovery system. 2omputation of Surcharges will be based on effluent analyses at a frequency determined b the User's water consumption as follows: (A) IVlonthly effluent analyses for water usages at more than 100,000 gallons per month (B) Semi annual effluent analyses for water consumption less than 100,000 gallons per month Surcharges will remain in effect until a new effluent analysis is required or changed ~ased on interim analyses by the User usinq a Certified Water Testing Laboratory at the User's expense. 44 Sewer Surcharges will constitute a new line item on the prevailing Water/Sewer Bill prepared monthly Per User of the system and subject to prevailing regulations/penalties for late or nonpayments. Reimbursements of Surcharqe related monitoring expenses initiated by the City of Boynton Beach are required. (3) Nothing in this chapter shall restrict the city from making additional adjustments in rates if it is found that the nature or quantity of the waste creates an additional burden on the system or if those adjustments are necessary to comply with regulations of the. State Department of Environmental Protection or the United States Environmental Protection Agencyi 26.164 Tndustrial Cost Recovery System [1) At the discretion of the Director of the Public Utilities System, there is imposed upon all users of each industrially and commercially classified property served by the. sewer system an annual cost recovery assessment. I(2) The annual cost recovery is as follows: (A) SIU Tndustrial Permit Fee-S500.00 plus monitoring costs. (B) Commercial/Industrial User Fee-S50.00 plus monitoring costs ~ermit Fees, Commercial/Industrial User Fees and related monitoring costs reimbursements must be paid within thirty (30) days of Permit issuance or receipt of Monitoring Cost Recovery Notice. Commercial/Tndustrial User Fees will be billed as a new line item on the prevailing Water/Sewer Bill prorated over a period of twelve months, but billed monthly; a monthly payment of $ 4.17 will be added to the prevailing Water/Sewer Bill. 13) STU Tndustrial Permit Fees and Commercial/Industrial User Fees shall be prorated "or existing permit holders and users upon enactment of this Ordinance. 26.165 Review And Amendment on Annual Basis This sub£hapter shall be subject to review and revision on the minimum of an annual basis, and the city reserves the right to modify this subchapter or any parts thereof at any time or from time-to-time. 45 26.166 Notice Of Violation; Liability For Expense, Loss, Or Damage (1) Any person found to be violating any provision of this subchapter shall be served by the city with written notice stating the nature of the violation. The person shall provide a written plan within thirty (30) days for the satisfactory correction thereof. (2) The Director may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued )ursuant to this ordinance and shall be judicially enforceable. 13) Any person violating any of the provisions of the subchapter shall become liable to the city for any expense, loss, or damage occasioned the city by reason of that violation. Penalty, see 26.177 fADMINISTRATION 26.167 Responsibility For Treatment And Disposal 1'he WWF is responsible for the proper treatment and disposal of all waste that is proper to process throuqh the regional treatment facilities, beginning at the point source. 26.168 Right To Enter Premises And Obtain Information Concerning Discharges '~1) To the extent permitted by general law, the proper official and other duly authorized employees of the city or the WWF bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observations, measurement, sampling, and testing in accordance with the provisions of this chapter. The official or his representatives will not inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharqe to the sewers or waterways or facilities for waste treatment. ~2) To the extent permitted by general law, the proper official and other duly ]uthorized employees of the city or the WWF bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds an easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within that easement. Penalty, see 26.177 46 (3) If the Director or designee has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program to verify compliance with this ordinance or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Director may seek issuance of an inspection warrant pursuant to Sections 933.21-933.26, Florida Statutes, from the Palm Beach County Court.. 26.169 Suspension Of Wastewater Treatment Service; Notice To Stop Discharqe; Failure To Comply [1) The city may suspend the wastewater treatment service to any user, including other local governments, when the suspension is necessary, in the opinion of the Utilities Director, in or DEP to stop an actual or threatened violation which presents or may present an imminent or substantial endangerment to the health or welfare of )ersons or the environment, causes interference to the WWF, caused the WWF to fiolate any condition of its NPDES permit, or causes the city to be in violation of any of its agreements with the WWF. ~2) Any user notified of a suspension of the wastewater treatment service shall immediately stop or eliminate the contribution. In the event of a failure of the user to cause the user to voluntarily comply with the suspension or DEP,' the city shall take steps as deemed necessary, including immediate severance of the sewer connection, to ~revent or minimize damage to the city or WWF systems or endangerment to any ndividuals. The city may reinstate the wastewater treatment service upon proof of the elimination of.the non-complying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the city within fifteen (15) days from the date of the occurrence. Penalties, see 26.177 26.170 Publication of Users in Siqnificant Violation Fhe City shall publish annuallyf in the largest daily newspaper published in the City, a list of the industrial users which, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. rhe term "significant noncompliance" shall mean: (1) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six (66%) percent or more of wastewater measurements taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount; (2) Technical review criteria (TRC) violations, defined here as those in which thirty- three (33%) percent or more of wastewater measurements taken for each 47 pollutant parameter durinq a six-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (one and four-tenths (:1.4) for BOD, TSS, fats, oils and grease, and one and two- tenths (:1.2) for all other pollutants except pH; (3) 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); (4) Any discharge of pollutants that has caused imminent endanqerment 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; Is) Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for. starting construction, completing construction, or attaining final compliance; [6) 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; [7) Failure to accurately report noncompliance; [8) Any other violation(s) which the City determines will adversely affect the operation or implementation of the local pretreatment program. VIOLATIONS~ REMEDIES Sec. 26-171 False statements of documents prohibited ~1o person shall knowingly make any false statements, representations, or certification in any application record, report, plan, or other document filed or required to be maintained pursuant to this division, or falsify, tamper with, or knowinqly render inaccurate any monitoring device or method required under this division. Sec. 26-172 Show cause hearing [1) Any user subject to enforcement action under the provisions of this division may request a hearing before the Utilities Director within ten (10) days of receipt of notification or proposed enforcement action. A hearing is to be held by the Utilities Director concerning the violation, the reasons 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. 48 (2) 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: (A) Issue, in the name of the City, notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in that hearing. (B) Take evidence and hear testimony (the strict rules of evidence shall not apply to any hearing). (c) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendation to the Utilities Director or his designee for action thereon. 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. [4) After the Utilities Director or his designee has reviewed the evidence, he may issue an order to the user responsible for the noncompliance(s) stating that, following a thirty-day time period to provide remediation of noncompliance(s), penalties as per section 26-177 will go into effect. Further orders as are. necessary and appropriate may be issued. The City shall also establish and assess against the user, appropriate surcharges or fees to reimburse the City for the additional cost of operation and maintenance of the wastewater treatment works due to the violation of this division. Costs for conducting a show cause hearing shall be borne by the user requesting the hearing if the enforcement action is upheld. 26.173 Leqal Action Aqainst Use For Appropriate Relief If any person discharges sewage, industrial wastes, or other wastes into the city's wastewater disposal system contrary to the provisions of this chapter, federal or state pretreatment requirements, or any order of the city, the city's attorney may commence an action against the user for appropriate legal relief, in the appropriate court which has urisdiction; and to the extent permitted by law, shall seek recovery of all city costs and .~xpenses related to those actions against the user by the city. 49 26.174 Retention Of Records Required All users are required to retain and preserve for no less than three (3) years, any records, books, documents, memoranda, reports, correspondence, and any and all summaries thereto, relating to monitoring, sampling, waste hauling and chemical analyses made by or on behalf of a user in connection with its discharge. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the WWF or the city pursuant hereto shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. Penalty, see 26.177 26.175 Enforcement Plan An escalating enforcement strateqy shall be used by the City to maintain compliance with this Ordinance. The various types of enforcement actions shall be used as determined by the Director and/or Code Enforcement Division and/or the City Attorney depending on the type or severity of the violation. A copy of the enforcement plan will be kept on file at the WWF. 26.176 Remedies [1) Affirmative Defenses to Discharge Violation. (A) Consent Orders. The Director may enter into Consent Orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Section 26.172(D) and shall be judicially enforceable. (B) Upset. (i) For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. (ii) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards 50 if the requirements for paragraph (c), below are met. (iii) A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that .' (a) An upset occurred and the user can identify the cauSe(s) of the upset; (b) The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and (c) The user has submitted the following information to the Director within twenty-four (24) hours of becoming aware of the upset if this information is provided orally, a written submission must be provided within five (5) days: (aa) A description of the indirect discharge and cause of noncompliance; (bb) The period of noncompliance, including exact dates and time or, if not corrected; the anticipated time the noncompliance is expected to continue; and (cc) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance. (iv) Tn any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof. (v) Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards. (vi) Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. The requirement applies in the situation where, among other thinqs, the primary source of power of the treatment facility is reduced, lost, or fails. ' [2) Bypass. (A) For the purpose of this section, 51 (i) "Bypass" means the intentional diversion of wastestreams from any portion of a user's treatment facility. (ii) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. B) A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of paragraphs (3) and (4) of this section. lC) (i) ]:f a user knows in advance of the need for a bypass, it shall submit prior notice to the Director, at least ten (10) days before the date of the bypass, if possible. (ii) A user shall submit oral notice to the Director of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Director may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours. (D) (i) Bypass is prohibited, and the Director may take an enforcement action against a user for a bypass, unless (a) Bypass Was unavoidable to prevent loss of life, personal injury, or severe property damage. (b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable enqineering judgement to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (c) The user submitted notices as required under paragraph (C) of this section 52 (ii) The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed in paragraph (4)(a) of this section. 26.177 Penalties Failure to comply with any Chapter 26 ordinances that relate to the actual and/or }otential introduction of prohibited and/or restricted effluents into the sanitary sewer ;ystem 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. {1) 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. ]:n 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 aqainst the user's propeAy will be sought for unpaid charges, fines and penalties. ]:n addition to the penalties )rovided herein, the city may recover all reasonable attorneys' fees, court costs, court 'eporters' fees, and other expenses of litiqation 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. '~2) 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 ~ffense. 13) 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. 14) 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. (5) 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 amended shall remain in full force and effect as previously enacted. Section 3. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof, 3ny paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 5. Authority is hereby granted to codify said ordinance. Section 6. This ordinance shall become effective ninety (90) days after ~assage. FIRST READING this 2© day of / SECOND~, FINAL READING AND PASSAGE this ~/_z_~ ~- ,1999. 1999. day of IDA Vice Mayor Commissioner NN.,,..,.~ ,. 54