R95-021RESOLUTION NO. R95-~/
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH,
FLORIDA, RATIFYING THE ACTION TAKEN
BY THE SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL
BOARD ON JULY 21, 1994, APPROVING
MODIFICATION TO THE INDUSTRIAL
WASTEWATER AND PRETREATMENT
AGREEMENT; AUTHORIZING AND DIRECTING
THE MAYOR AND CITY CLERK TO EXECUTE
SAID AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, The South Central Regional Wastewater Treatment
& Disposal Board (SCRWTDB) requests ratification of the action
taken by the Board on July 21, 1994, approving modification to
the Industrial Wastewater and Pretreatment Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
~ The City Commission of the City of Boynton
Beach, Florida, does hereby ratify the actions taken by the
South Central Regional Wastewater Treatment & Disposal Board
on July 21, 1994, approving modification to the Industrial
Wastewater and Pretreatment Agreement and authorizing the
directing the Mayor and City Clerk to execute said Agreement.
~ This Resolution
immediately upon passage.
shall take effect
PASSED AND ADOPTED this ~/ day of February, 1995.
ATTEST:
(COrporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor
ic~ Mayor
May~r Pr.
Commis ~ioner
SCRWTD.BI~d
7/21/94Meeting
2/14/95
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 21, 1994
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on July 21, 1994, by a vote of 7-0, approve Modification to Industrial Wastewater and
Pretreatment Agreement.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
,~/ day of ~'~e/.z~e¢ , /~'9,~ , by a ,5'-~ vote.
CITY OF BOYNTON BEACH
By:
Mayor
Attest:
^..rove
INDUSTRIAL WASTE AND PRETREATMENT AGREEMENT
THIS INDUSTRIAL WASTE AND PRETREATMENT AGREEMENT is entered into by
and between the SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD, an entity created by Interlocal Agreement pursuant to Florida
Statutes Section 163.01 (hereinafter referred to as POTW), the CITY OF BOYNTON
BEACH, FLORIDA, a municipal corporation, and the CITY OF DELRAY BEACH,
FLORIDA, a municipal corporation (both of which are collectively referred to herein
as the CITIES).
WITNESSETH:
WHEREAS, it is a requirement of the POTW to comply with all applicable State and
Federal laws required by the Clean Water Act of 1977 and the General
Pretreatment Regulations 40 CFR, Part 403; and
WHEREAS, by the terms of that certain Interlocal Agreement dated December 26,
1974, between the CITIES, the POTW was created and the CITIES became the
sole, direct customers of the POTW; and
WHEREAS; by the terms of the above referenced Interlocal Agreement, the CITIES,
as the sole customers of the POTW, then sell wastewater treatment and disposal
services directly to users as well as to industrial users; and
WHEREAS; in order to comply with the provisions of the above referenced Clean
Water Act as well as state and Federal law, the parties hereto are desirous of
entering into this Agreement setting forth the terms and conditions upon which the
CITIES may discharge wastewater effluent to the POTW's regional treatment
facilities and, further, that pursuant to the terms of this Agreement, the CITIES, as
condition to the discharge permit being granted hereby, agree to adopt an industrial
waste and pretreatment ordinance with terms, conditions, and provisions no less
stringent than the terms set forth in this Agreement for the regulation of the
issuance and compliance with discharge permits to the CITIES' users and industrial
users.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, the adequacy of which is hereby acknowledged, the parties hereby
agree as follow~:
1. Purpose
The purpose of this Agreement is to regulate industrial waste pretreatment
facilities and discharge of waste into the Publicly Operated Treatment Works
(POTW) operated by the South Central RegiOnal Wastewater Treatment and
Disposal Board and providing for pollutant limitations, data collection,
monitoring, sampling, and providing for penalties for the violation thereof for
the following purposes:
(A) To prevent the introduction of pollutants into the CITIES' wastewater
system which will interfere with the normal operation of the wastewater
collection system or the wastewater treatment plant, or which will
contaminate the resulting municipal sludge;
(B) To prevent the introduction of pollutants into the CITIES' wastewater
collection system which do not receive adequate treatment by the POTW,
and which will pass through the system into receiving waters or the
atmosphere or otherwise be incompatible with the system;
(C) To improve the opportunity to recycle and reclaim wastewater and
sludge from the system.
2. Policy,And Scope
The POTW is responsible for the proper treatment and disposal of all waste
that is proper to process through the regional treatment facilities, beginning
at the point source. The terms of this Agreement shall be incorporated into
an ordinance adopted by the CITIES respectively to regulate their users'
discharge of wastewater into the portion of the sewer collector system
lOcated within the City of Boynton Beach and/or the City of Delray Beach
and any other portion controlled or. operated therein.
,.
The policy is established that the provisions of this Agreement will be
enforced to the fullest extent possible under the provisions of Federal
Pretreatment Regulations 40 CFR Part 403 and Florida Administrative Code
Rules, 17-302, 1 7-600, 17-604, and 17-610 issued by the Florida
Department of Environmental Regulation. The standards set forth are
minimum requirements to ensure the general health and welfare of the
public.
Applicability To All Users
The regulations of this Agreement shall apply to all users of the sewer
facilities of the city whether inside or outside the city, including all other
local governments such as, but not limited to, the Town of Highland Beach,
the Town of Gulfstream, and contributions from incorporated or
unincorporated agencies of Palm Beach County. Furthermore, all local
government users shall be required, within 60 days after enactment of this
Agreement and notice thereof, to enact ordinances substantially similar to
this Agreement and to apply and enforce the same to all users of their public
and sanitary sewer systems.
Definitions
As used in this Agreement, all definitions shall be applied and interpreted in
accordance with 40 CFR 403, as amended.
"Act" and "The Act": The Federal Water Pollution Control Act, also known
as th~Clean Water Act of 1977, as amended, 33 U.S.C. 1251, et seq.
"Authorized Representative of Industrial User": An authorized' representative
of an industrial user which may be a principal executive officer of at least the
level of vice-president, if the industrial is corporation, a general partner or
proprietor, if the industrial a partnership or proprietorship, respectively, or a
duly authorized representative of the individual designated above, if that
representative is responsible for the overall operation of the facilities from
which the indirect discharge originates.
3
"Board": The South Central Regional Wastewater Treatment and Disposal
Board, including, in the appropriate case, the regional treatment facilities,
and all its other attendant facilities.
"Board (POTW)": The Board of Directors of the South Central Regional
Wastewater Treatment and Disposal Board.
"B.O.D.(Denoting Biochemical Oxygen Demand)": The quantity of oxygen
utilized in the biochemical oxidation of organic matter under standard
laboratory procedure in five (5) days at 200 C. expressed in milligrams per
liter.
"Building Sewer": Sewer conveying wastewater from the premises of a user
to the collection system which transmits wastewater to the POTW.
"Categorical Standards": National categorical pretreatment standards or
pretreatment standard.
"Chemical Oxygen Demand (C.O.D)": A measurement of the oxygen
equivalent of the organic matter content of a sample that is susceptible to
oxidation by a strong chemical oxidant using procedures listed in 40 CFR
136.
"City" or "Cities": The City of Boynton Beach and/or the City of Delray
Beach; all that land and water area included within the boundaries of the
"City" in which the Commission proposes to acquire, establish, construct,
exten~t, operate, and maintain sewerage facilities, except as follows:
(1) All state and federally owned land and water area located in the
city or county, except where the state and federal government
consent to the provisions of this Agreement.
(2) All land and water area duly franchised by the city or county to
privately owned sewer utility companies for the provisions of sewer
service, except where the privately owned sewer utility companies
consent to the provisions of this Agreement.
"Collection System": The system of public sewers to be operated by the
city and connected to the POTW facilities.
"Compatible Pollutant": A substance amenable to treatment in the
wastewater treatment plant such as biochemical oxygen demand, suspended
solids, Ph, and fecal coliform bacteria, plus additional pollutants identified in
the NPDES permit if the publicly owned treatment works was designed to
treat those pollutants, and"in fact, does remove the pollutant to a substantial
degree.
"Composite Sample": A series of samples taken over a specific 24-hour time
period at intervals not to exceed fifteen (15) minutes in the waste stream
Which are combined into one sample. Flow proportional sampling is
mandated unless circumstances do not permit it; then it shall be time
proportional. Samples shall be taken during effluent discharge times only.
"Cooling Water": The water discharged from any use such as air
conditioning, cooling, or refrigeration, or to which the only pollutant added is
heat.
"Direct Discharge": The discharge of treated or untreated wastewater
directly to the waters of the state.
"Direotor of Public Utilities, Utilities Director, or Director": This refers to the
individual in charge of the Public Utilities Department in either City or his/her
specific designee.
"Discharge": Disposal of, deposit, place, emit, unload, release or cause or
allow to be disposed of, deposited, placed, emitted, unloaded, or released.
"Domestic Wastewater": Wastewater derived principally from dwellings,
commercial buildings, institutions, and industry resulting from household or
5
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 applicable, the term may also be used as a
designation for the Administrator or other duly authorized official of that
agency.
"Executive Director": The administrative director or his authorized deputy,
agent, or representative of the South Central Regional Wastewater
Treatment and Disposal Board.
"Garbage": The animal and vegetable waste resulting from the handling,
preparation, cooking, and serving of foods.
"Grab Sample": A sample which is taken from a waste stream on a one-time
basis with no regard to the flow in the waste stream and without
consideration of time.
"Grantee": Recipient of a federal grant for all or a portion of a treatment
works as administered by the Environmental Protection Agency.
"Holding .Tank Waste": Any waste from holding tanks such as vessels,
chemical toilets, campers, trailers, septic tanks, and vacuum-pump trucks.
"Indirect Discharge": The discharge or introduction of non-domestic
pollutants from any source regulated under Section 307(b) or (c) of the Act,
(33 U.S.C. 1317), into the POTW (including holding tank waste discharged
into the system).
"Industrial or Commercial Waste": The liquid wastes from industrial,
commercial, or institutional processes as distinct from domestic or sanitary
sewage.
"Industrial or Commercial Waste Discharge Permit": A permit issued to
control the process flows from industry, commerce, or institutions that may
be discharged into the sanitary sewer system. This permit is issued in
addition to any other types of permits. When issued, the permit will define
the characteristics and volume of the flow and acceptance or rejection of
individual waste components and/or require high strength waste surcharges.
"Industrial Cost Recovery": Recovery by a federal grantee from the
industrially classified users of a treatment works of the grant amount
allocable to the treatment of-waste from those users.
"Industrially Classified User": An industrial or commercial user whose liquid
wastes are, in part, made up of flows related to industrial processes, as
distinct from an industrial or commercial user whose waste flows are
primarily domestic or resulting from human occupancy.
"Industrial User": A source of indirect discharge and discharge of industrial
and commercial waste which does not constitute a discharge of pollutants
under regulations issued pursuant to Section 402 of the Act, (33 U.S.C
1342).
"Interference": The inhibition or disruption of the POTW treatment
processes or operations which contributes to a violation of any requirement
of the NPDES permit or reduces the efficiency of the POTW. The term also
includes prevention of sewage sludge use or disposal by the POTW.
"Milligrams Per Liter (ma/I)": The number of units of minor constituents
present with each one million units of the major constituent of a solution of
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.
7
"National Categorical Pretreatment Standard": Any federal regulation
containing pollutant discharge limits promulgated by the EPA which applies
to a specific category of industrial users.
"National Pollutant Discharge Elimination System" or "NPDES Permit": A
permit issued pursuant to Section 402 of the Act (33 U.S.C 1342).
"National Prohibitive Discharge Standard" or "Prohibitive Discharge
Standard": Any regulation developed under the authority of 307(b) of the
Act and 40 CFR, Section 403.5.
"Natural Outlet": Any ditch, canal, stream, waterway, lake, river, pond,
well, gully, or other water body.
"New Source": Any source, the construction of which is commenced after
the publication of the proposed Pretreatment Standards under Section 307(c)
of the Act, and which conforms to 40 CFR 403(k).
"Pass Through": A discharge of a pollutant from the POTW when such
discharges causes a violation of any requirement of the POTW's NPDES
permit, or a violation of a State of Federal water quality standard or
increases the magnitude or duration of any violation and which is the result
of a user's discharge of the pollutant either alone or in conjunction with
other user's discharges of the pollutant into the POTW. A user contributes
to pass through when the user:
,(1) Discharges a pollutant concentration or a daily pollutant loading in
excess of that allowed by City or permit or by State or Federal law;
(2) Discharges wastewater which'substantially differs in nature and
constituents from the user's normal, average discharge;
(3) Knows or has reason to know that its discharge, alone or in
conjunction with discharges from other users, would result in pass
through; or
8
(4) Knows or has reason to know that the POTW is, for any reason,
violating its final effluent limitations in its NPDES permit and that such
user's discharge, either alone or in conjunction with discharges from
other users, increases the magnitude or duration of the POTW's
violations.
"Person": Any individual, firm, company, association, society, corporation,
or group.
"Ph": Logarithm of the reciprocal of the weight of hydrogen ions in grams
per liter of solution.
"Pollutant": Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock, sand,
cellar dirt, and industrial, municipal, and agricultural waste discharged into
water.
"Pollution": The man-made or man-induced alteration of the chemical,
physical, biological, and radiological integrity of water.
"Pretreatment": The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties in
wastewater to a less harmful prior to or in lieu of discharging or otherwise
introducing those pollutants into a POTW. The reduction or alteration can be
obtained by physical, chemical, or biological processes, or other process
changes or by other means, except as prohibited by 40 CFR Section
403.6(d).
"Pretreatment Requirements": Any substantive or procedural requirement for
treating of a waste prior to inclusion in the POTW.
"Pretreatment Standards": National categorical pretreatment standards or
alternative discharge limits, whichever is applicable.
"Publicly Owned Treatment Works (POTW)": In this case, the regional
treatment plant operated by the South Central Regional Wastewater
Treatment and Disposal Board and the collection sewer system owned and
operated separately by the City of Boynton Beach and/or the City of Delray
Beach (POTW).
"Properly Shredded Garbaqe": The wastes from the preparation, cooking,
and dispensing of food that have been shredded to a degree that all particles
will be carried freely under the flow conditions normally prevailing in public
sewers, with no particle greater than 1/2 inch (1.27 centimeters) in any
dimension.
"Public Sewer": A sewer in which all owners of abutting properties have
equal rights, and which is controlled by public authority.
"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.
"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.
"Sewage": A combination of the water-carried wastes from residences,
business buildings, institutions, and industrial establishments, together with
ground, surface, and stormwaters as may be present.
"Sewage Works": All facilitieS for collecting, pumping, treating, and
disposing of wastewater including the POTW.
"Sewer": A pipe or conduit for carrying sewage.
"Shall" is mandatory; "May" is permissive.
"Significant Industrial User": Any industrial user of the Board Treatment
Plant who: has a discharge flow of 25,000 gallons or more per work day;
has a flow greater than 5% of the flow in the City's collection system; has
toxic pollutants in excess of limits defined pursuant to Section 307 of the
Act, Florida Statutes; or is judged by the POTW, city, state, or U. S.
Environmental Protection Agency (EPA) to have significant impact, either
singly or in combination with other contributing industries, on the
wastewater treatment system, the quality of sludge, the system's effluent
qUality, or air emissions generated by the system.
"Significant Non-Compliance": Means that violations of this Agreement by a
user subject to pretreatment standards meet one or more of the following
criteria:
(1) Chronic Violation: 66% or more of all measurements taken for
the same pollutant during a six-month period exceeded (by any
magnitude) the applicable daily maximum limit or the applicable
average limit;
· (2) Technical Review Criteria (TRC) Violation: 33% or more of all
measurements taken for the same pollutant during a six-month period
equaled or exceeded the product of the daily average maximum limit
or the average limit times the applicable TRC. (For categorical
pretreatment limitations the TRC equals 1.4 for BOD, TSS, and Oil and
Grease; and 1.2 for all other pollutants except Ph;
11
(3) An effluent violation caused interference or pass through or
endangered the health of City or POTW personnel or the general
public;
(4) A discharge caused imminent endangerment to human health,
welfare, or the environment and resulted in the City exercising its
emergency authority under Section 30 of this Agreement;
(5) Failure to meet a compliance schedule milestone date within 90
(90) days or more after the scheduled date;
(6) Failure to submit a required report within thirty (30) days of its
due date;
(7) Failure to accurately report non-compliance; or
(8) Any other violation or group of violations which the Director
determines may cause interference or pass through or will adversely
affect implementation of the City's pretreatment program.
"Significant Violation": A violation that remains uncorrected 45 days after
notification of non-compliance; which is part of a pattern of non-compliance
over a twelve-month period; which involves a failure to accurately report
non-compliance;or which resulted in the POTW exercising its emergency
authority under Section 403.8(F)(1)(B) of the Act.
"Slug",: Any discharge of water, sewage, or industrial waste which in
concentration of any given constituent or in quantity of flow exceeds for any
period of duration longer than fifteen (15) minutes more than five (5) times
the average 24-hour concentration of flows during normal operation.
"Standard Industrial Classification (SIC)": Classification pursuant to the
Standard Industrial Classification Manual issued by the executive office of
the President, Office of Management and Budget, as amended.
12
"State": State of Florida.
"Storm Drain" or "Storm Sewer": A sewer that carries stormwater and
surface water, street wash, and other wash waters or drainage, but excludes
domestic wastewater and industrial and commercial waste.
"Stormwater": Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
"Superintendent": The person designated by the POTW to supervise the
operation of the publicly owned treatment works and who is charged with
certain duties and responsibilities by this Agreement, or his duly authorized
representative.
"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
provid~ treatment to wastewater and is operated by the South Central
Regional'Wastewater Treatment and Disposal Board.
"Treatment Works": The wastewater treatment plant, interceptors, force
mains, lift stations, and collection systems.
"User": Any person who contributes, causes, or permits the contribution of
wastewater into the POTW.
13
"User Charge" or "User Fee"' A charge levied on the users of the treatment
process facilities for the cost of operation and maintenance of those facilities
and other equitable and necessary charges.
"Wastewater": The liquid and water carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities, and institutions
(whether treated or untreated) which is contributed into or permitted to enter
the POTW.
"Wastewater Treatment Plant'": Any arrangement of devices and structures
used for treating wastewater, such as the POTW.
"Watercourse": A channel in which a flow of water occurs, either
continuously or intermittently.
Compliance With Provisions or More Stringent Regulations
The use of public sanitary sewers and the POTW shall be as outlined in this
Agreement or if more stringent standards are promulgated by law, then the
more stringent standards shall supersede and be considered a part of this
Agreement.
Disposal of Sewage Other Than Through Regional Facilities
(A) The disposal of sewage by means other than use of the available
regional wastewater facilities shall be in accordance with city, county, state,
or federal law.
(B) The disposal of sewage to the POTW shall be as outlined in this
Agreement and shall be subject to standards which or eXceed the CITIES'
industrial and commercial waste ordinance requirements as shall exist from
time to time, and shall also be subject to the provisions of the Interlocal
14
Agreement dated December 26, 1974, between the CITIES creating the
POTW.
Right to Refuse Waste Upon Noncompliance
The CITIES shall adopt within their ordinance the right to refuse waste from
any user where wastewater does not comply with the requirements of this
Agreement.
Damaging or Tampering With Sewage Works
The CITIES shall adopt ordinances requiring that no person shall break,
damage, destroy, uncover, deface, or tamper with any structure,
appurtenance, or equipment which is part of the sewage works.
Permit Required for Use of Public Sewer
No unauthorized person shall be permitted to uncover, make any connections
with or openings into, use, alter, or disturb any public sewer or appurtenance
thereof without first obtaining a written permit or permission from the proper
official empowered to do so by the CITIES, individually, whose public sewer
is affected.
10.
Wastes Discharged Into Sanitary Sewers to Meet Criteria
The CITIES shall each be responsible to adopt ordinances or regulations to
assure that all waste discharged to public sanitary sewers, which in turn
discharge to the regional treatment facilities (POTW), shall meet or exceed
the following criteria:
15
(A) No person shall discharge or cause to be discharged any stormwater,
surface water, ground water, roof runoff, subsurface drainage,
uncontaminated cooling water, or unpolluted industrial process waters to any
sanitary sewer.
(B) Stormwater and all other unpolluted drainage' shall be discharged to
those sewers as are specifically designated as storm sewers, or t° a natural
outlet approved the proper city or county official. Industrial cooling water or
unpolluted process waters may be discharged on approval of the Utilities
Director to a storm sewer or natural outlet.
(C) No person shall discharge or cause to be discharged any of the following
described waters or wastes to any sanitary sewers:
(1)
(2)
(3)
Flammable or explosive liquids or solids or gas including, but not
limited to, gasoline, benzene naphtha, fuel oil, or other materials with
a closed-cup flash-point of less than 140° F. (60° C.) using the test
methods specified in 40 CFR 261..21.
Any water or wastes containing toxic or poisonous or pathogenic
solids, liquids, or gases in sufficient quantity (either singly or by
interaction with other wastes) to injure or interfere with any
wa.stewater treatment process, constitute a hazard to humans or
animals, create a public nuisance, or create any hazard in the receiving
waters of the wastewater treatment plant.
,Solid or viscous substances in quantities of a size capable of causing
obstruction to the flow in sewers, or other interference with the
proper operation of the sewer works such as, but not limited to ashes,
cinders~, sand, mud, straw, shaVings, metal, glass, rags, feathers, tar,
plastics, wood, un-ground garbage, whole blood, paunch manure, hair
and fleshings, entrails, paper dishes, cups, milk containers, and the
like, either whole or ground by garbage grinders.
16
(D) No person shall discharge or cause to be discharged the below described
materials, waters, or wastes (collectively, the substances) if it appears likely
that acceptance of those wastes can harm the wastewater treatment
process or equipment, the public sewers, the sanitary sewer systems, or
have an adverse effect on the receiving water body, or can otherwise
endanger life, limb, public property, or constitute a nuisance. The decision
shall be based on those factors as the quantities subject wastes in relation to
flows and velocities in the sewers, materials of construction of the sewers,
nature of the wastewater treatment process, capacity of the wastewater
treatment plant, degree of treatability of waste in the wastewater treatment
plant, and other pertinent factors. The sUbstances prohibited are as follows:
(1) Any liquid having a temperature higher than 150o F or causing the
wastewater treatment plant influent to exceed 1040 F.
(2)
Any water or waste containing fats, wax, grease, or oils (whether
emulsified or not) in excess of 100 milligrams per liter or containing
substances which may solidify or become viscous at temperatures
between 320 F and 150o F (0° C and 60o C).
(3) Any waters or wastes containing strong acid, iron, Pickling wastes, or
concentrated plating solutions whether neutralized or not.
(4) Any waters or wastes containing phenols or other taste or-odor
producing substances, in a concentration exceeding limits which may
be established by the POTVV as necessary after treatment of the
· composite sewage to meet the requirements of the state, federal, or
other public agencies of juris diction for that discharge to the receiving
waters.
(5) Any garbage that has not been properly shredded, which shall mean
the wastes from the preparation, cooking, and dispensing of food that
have been shredded to a degree that all particles will be carried freely
under the flow conditions normally prevailing in public sewers, with no
particle size greater than 1/2 inch of any dimension.
1¸7
(6)
Any water or wastes having a ph lower than 5.5 or higher than 9.5 or
having any other corrosive property capable of causing damage or
hazard to structure, equipment, or personnel or any waste treatment
works.
(7)
Any wastes containing toxic substances in quantities in excess of the
following limits and measured at the point of discharge into any sewer
system, or any substance that will pass through the waste treatment
facilities and exceed the state and federal requirements for receiving
waters:
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
Mercury 0.01 mg/I
Nickel 0.7 mg/I
Selenium 0.25 mg/I
Silver 1 mg/I
Zinc 2 mg/I
Inorganics
Ammonia
Chloride
Cyanide
(Surcharge) * 50 mg/I
600 mg/I
I mg/i
18
Inor.qanics (continued)
Cyanide Amenable to Chlorination
Fluoride
pH
O. 5 mg/I
50 mg/I
5.5 - 9.5 Standard Units
Organics
BOD
COD
Oil and Grease
Petroleum Hydrocarbons
Phenol
Phenolic Compounds, Total
Toxic Organic Compounds, Total
No one Parameter over I
* (Surcharge) 220 mg/I
* (Surcharge) 440 mg/I
1 O0 mg/I
25 mg/I
5 mg/I
0.5 mg/I
5 mg/I
mg/I
Physical
TSS
Particle Size
Radioactive Elements
* (Surcharge) 175 mg/I
One-half inch or less
None detectable
*' Subject to High Strength Sewer Surcharge.
(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.
19
(9)
Any water or waste containing suspended solids or color of a
character and quantity that unusual attention or expense is required to
handle those materials at the waste treatment facilities without a
special permit issued by the city.
(10) Any water or waste with a chlorine demand greater than 15 milligrams
per liter.
(11) Any radioactive isotopes without a special permit isSued by the city.
(12)
Under no conditions will the discharge of domestic, sanitary,
industrial, or commercial waste be permitted into the storm sewer
system.
(13)
Any radioactive wastes or isotopes or half-life or concentration as may
exceed limits established by the POTW in compliance with applicable
state or federal regulations.
(14)
Volume of flow or concentration of wastes constituting slugs as
defined herein.
(15)
Any waters or wastes containing substances which are not amenable
to treatment or reduction by the wastewater treatment processes
employed, or are amenable to treatment only to that degree that the
wastewater treatment plant effluent cannot meet the requirement of
other agencies having jurisdiction over discharge to the receiving
,waters.
(16)
Any waters or wastes containing suspended solids in excess of 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.
(17)
Any waters or wastes with a five (5) day, 200 C. B.O.D. greater than
220 milligrams per liter unless the user is approved by the city and
20
(18)
provided further that the user complies with the requirements of the
city's high strength sewer surcharge system.
Any waters or wastes containing chemical oxygen demand (COD)
greater than 440 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.
(19)
Total toxic organics as defined in 40 CFR, Part 413.03 [c] are not to
exceed 5.0 'milligrams per liter, with no one parameter over 1.0
milligrams per liter.
(E) If any waters or wastes are discharged, or are proposed to be discharged
to the public sewers, which waters contain the substances or possess the
characteristics enumerated in subsection D of this section, and which, in the
judgement of the POTW Executive Director, may have a deleterious effect
upon the sewage works, processes, equipment, or receiving waters, or
which otherwise create a hazard to life or constitute a public nuisance, the
Executive Director may evoke any of the following:
(1)
(2)
(3)
(4)
Reject the wastes
Require pretreatment to an acceptable condition for discharge to
the public sewers
Require control over the quantities and rates of discharge
Require payment to cover the added cost of handling and
treating the wastes not covered by existing fees or sewer
charges as contained in the strength charge system.
If the POTW permits the pretreatment or equalization of waste
flows, the plans for the design and installation of the equipment
shall be subject to the review and approval of the POTW and
the city and subject to the requirements of applicable codes,
ordinances, and laws and compliance schedules as established
by the city. In addition, any major contributing industry as
defined by 40 CFR 403 shall comply with 40 CFR 403.12 and
21
any other regulation as shall from time to time be established by
EPA or other appropriate regulating governmental agency.
(F) Grease, oil, and sand interceptors are to be provided when, in the
opinion of the Executive Director, they are necessary for the proper handling
of liquid wastes containing grease in excessive amounts or any flammable
wastes, sand, or other harmful ingredients; except that those interceptors
shall not be required for private living quarters or dwelling units. All
interceptors shall be of a type and capacity approved by the city and shall be
so located as to be readily and easily accessible for cleaning and inspection.
(G) Where preliminary treatment or flow equalizing facilities and/or
interceptors like but not limited to grease traps, lint traps, or grit traps are
provided for any water or wastes, they shall be maintained continuously in
satisfactory and effective operation by the user at his expense. Interceptors
must haVe watertight closures for their inspection covers. The covers
themselves must be of a type which conforms with the Plumbing Codes of
the Building Department of the city regulating the installation and
maintenance of the interceptors. Use of solvents, detergents, soaps, and/or
degreasers is restricted to those levels which do not interfere with the proper
functioning of the interceptors.
1 1. Admission of Industrial and Commercial Waste
The Cities shall adopt an appropriate Strength Surcharge System and
ordinances and/or regulations intended to require their users of the public
sewers or sanitary sewers to recognize and comply with the following:
(A) The economy and desirability of the combined treatment of industrial
and commercial wastes and sanitary sewage is recognized. However, not all
types and quantities of industrial an commercial wastes can be so treated. It
shall be the policy to admit the types and quantities of industrial and
commercial wastes that are not harmful or damaging to the
22
structures,processes, or operation, of the sewage works or are not
specifically prohibited. In all cases, a special permit will be issued which will
state specific conditions and requirements to be maintained. It is also
recognized that to provide this service, additional facilities or treatment are
required, and the cost of that must be borne by the user receiving the
benefits.
(B) Approval in advance by the city is required for the admission of
industrial or commercial wastes into the public sewers having the following:
(1) A five day, 200 C. B. O. D. greater than 220 milligrams per liter or
chemical oxygen demand (COD) greater than 440 milligrams per .liter.
(2) A suspended solids content greater than 175 milligrams per liter,
(3) Ammonia nitrogen greater than 50 milligrams per liter.
The user shall provide chemical analyses of the discharge according to a
schedule to be established by the POTW and continued discharge shall be
subject to approval by the city.
(C) Samples shall be collected so as to be a representative sample of the
actual quality of the wastes. Samples for analysis may be collected by the
user or his representative. Analysis shall be made by a registered sanitary
engineer .or graduate chemist whose qualifications are acceptable to the city
or a wastewater treatment plant operator licensed and registered in the
state,,or a water testing laboratory certified by the state, using the
laboratory methods for the examination of wastewater as set forth in 40 CFR
136.
(D) When required by the Utilities Director, any establishment discharging
industrial or commercial wastes into the sewer system shall construct and
maintain (at its sole expense) a suitable control manhole or other suitable
control station downstream from any treatment, storage, or other approved
works to facilitate observation, measurement, and sampling of all wastes
23
including all domestic sewage from the establishment. The location and
methods of construction of the control station shall be approved by the
Utilities Director. The control station shall be maintained by the
establishment so as to be safe and accessible at all times. If any
establishment wishes to meter its waste discharge into the sewer system to
verify in-product water retention or other uses of metered flow, they may (at
their sole expense) install a flow-metering device as approved by the Utilities
Director. The control station shall be accessible to city personnel at all times
for samPling. All authorized POTW or city employees shall be permitted,
upon suitable notice to the user, to enter upon all properties for the purpose
of inspection, observation, measurement, sampling, and testing in
accordance with provisions of this Agreement and the appropriate City
Ordinances.
12.
Compliance
(A) The CITIES shall adopt ordinances which require industrial users to
provide necessary wastewater treatment as required to comply with this
Agreement and shall achieve compliance with all national categorical
pretreatment standards within the time limitations as specified by the federal
pretreatment regulations and as required by the POTVV. Industrial with
integrated facilities shall comply with any alternative discharge limits as set
by the city, Any facility required to pretreat wastewater to a level
acceptable to the city shall be provided, operated, and maintained solely at
the user's expense. Detailed plans showing the pretreatment facilities and
operating procedures shall be submitted to the city for review at the request
of the city. The review of those plans and operating procedures will in no
way relieve the user from the responsibility of modifying the facility as
necessary to produCe an efflUent acceptable to the city under the provisions
of this chapter. Any subsequent changes in the pretreatment facilities or
method of operation shall be reported to the city prior to the user's initiation
of the changes.
24
(B) All records relating to compliance with pretreatment standards shall be
available to officials of the city, the POTW, EPA, or FDER upon request.
13.
Application of More Stringent Requirements; City Shall Notify Affected Users
Upon promulgation of the national categorical pretreatment standards or
alternative discharge limits for a particular industrial subcategory, the
pretreatment standard, if more stringent than limitations imposed under this
Agreement for sources in that subcategory, shall immediately supersede the
limitations imposed under this Agreement and shall be considered part of this
Agreement. After the CITIES receive notice, the CITIES shall notify all
affected users of the applicable reporting requirements under 40 CFR
403.12.
14.
POTW Board's Right of Revision
The POTW Board reserves the right to establish by resolution more stringent
limitations or requirements on discharges to the wastewater disposal system
if deemed necessary to comply with the objectives presented in this
Agreement.
15.
Excessive Discharge
The CITIES shall adopt ordinances intended to prohibit all users from
increasing the use of process water or, in any way, attempting to dilute a
discharge as a partial or complete substitute for adequate treatment to
achieve compliance with the limitationS contained in the National Categorical
Pretreatment Standards, alternative discharge limits, or in any other
pollutant-specific limitation developed by the city or state.
25
16.
Prevention of Accidental Discharges
(A) The-CITIES Shall adopt ordinances to mandate.that, where needed, a
user shall provide protection from accidental discharge of prohibited
materials or other substances required by this Agreement. Facilities to
prevent accidental discharge of prohibited materials shall be provided and
maintained at the owner'S expense.
(B) Prevention of accidental discharges requires, but is not limited to,
providing secondary containment for storage of potentially hazardous and/or
regulated materials. The containment requirements are those now specified
in, but not limited to, 40 CFR 264.170 through 176. Containment
requirements must meet or exceed the following criteria of this Agreement:
(1)
Containment Volume to be Provided shall be 150% of one item or
150% of the largest item or 15% of the total to be stored, whichever
is to be largest.
(2)
Total Above Ground Storage shall be less than 40,000 gallons. No
one item larger than 6,000 gallons and no more than six (6) items at
6,000 gallons each are permitted at one site.
(3) Storage Sheltering: All outdoor storage shall be sheltered from
rainfall, or a suitable means of removing rainwater shall be provided.
(4)
Conditions of the Stored Vessel: All stored containers shall be
,maintained in sound condition; no rust, corrosion, or other signs of
deterioration of the primary containment wall shall be permitted. All
stored containers shall be closed and sealed during storage.
(5)
Se.qre.qation of Chemically Reactive Contents: Materials which are
potentially reactive with each other shall not be stored in the same
containment area (unless physical barrier separations are provided
within the common area.
26
(6) Stand-by Materials/Equipment: Absorbents and pumps for pumping
out spills shall be available when needed.
(7)
Design of Containment Floor/Base: The floor or base of the
containment area on which the stored vessels rest shall either be
sloped or raised or provided with a drain faucet to prevent or minimize
contact between the storage container wall and spilled content.
(8)
Materials of Construction for Containment: The walls, sidings, and
floor or base of the containment area shall be constructed of materials
which are chemically inert with the stored materials and which render
the provided containment volume leak proof.
(C) On the request of the POTW Board, the city shall require the user to
submit to the city for review detailed plans showing facilities and operating
procedures to provide this protection. All required users shall complete this
plan within ninety (90) days after notification by the city. If further required
by the city, a user who commences contribution to the public sewers after
the effective date of this Agreement shall not be permitted to introduce
pollutants into the system until accidental discharge procedures have been
approved by the city. Review and approval of those plans and operating
procedures shall not relieve the industrial user from the responsibility to
modify the user's facility as necessary to meet the requirements.
(D) The CITIES shall adopt ordinances that mandate that, in the case of an
accidental discharge, it is the responsibility of the user to immediately notify
by telephone, the Utilities Director, the Executive Director of the POTW, and
the POTW. The notification shall include location of discharge, type of
waste, concentration and volume, and correction actions.
17.
Written Report Required Describing Cause of Discharge
Within five (5) days following an accidental discharge, the CITIES' ordinance
shall require the user to submit to the POTW and to the city a written report
27
describing the cause of the discha, rge 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
result of damage to public/sanitary sewer system, the sanitary sewer
system, the POTW, fish kills, or any other damage to person or property; nor
shall the notification relieve the user of any fines, civil penalties, or other
liability which may be imposed by this Agreement or other applicable law.
18.
Notice of Violation/Repeat Sampling and Re[~ortina
If sampling performed by a user indicates a violation, the user must notify
the CITIES within twenty-four (24) hours of becoming aware of the violation.
The user shall also repeat the sampling and analysis and submit the results
of the repeat analysis to the CITIES within thirty (30) days after becoming
aware of the violation. The user is not required to resample if the CITIES
monitors at the user's facility at least once a month, or if the CITIES samples
between the user's initial sampling and when the user receives the results of
the sampling.
19.
Notice to Employees in Event of Dangerous Dischar(~e; Emer_~encv
Notification Procedure
The CITIES' ordinances shall require a notice to be permanently posted on
the user's bulletin board or other prominent place advising employees of
whom to call in the event of a dangerous discharge. Furthermore, all
employers shall ensure that all employees who may cause a dangerous
discharge to occur are advised of the emergency notification procedure.
20.
Notification of the Discharge of Hazardous Wastes
(A) The Cities shall adopt ordinances intended to require all industrial users
to have provisions for notifying the Executive Director of the POTW the EPA
28
Regional Waste Management Division Director, and the state hazardous
waste authorities in writing of any discharge into the City Sewer System of a
substance which is a listed or characteristic waste under Section 3001 of
RCRA or 40 CFR part 261. Such notification must include a description of
any such wastes discharged, specifying the volume and concentration of
such wastes and the type of discharge (continuous, batch, or other),
identifying the hazardous constituents contained in the listed wastes, and
estimating the volume of hazardous wastes expected to be discharged during
the following twelve (12) months. This requirement shall not apply to
pollutants already reported under the self-monitoring requirements.
(B) Dischargers are exempt from requirements during a calendar month in
which they generate no more than 100 kilograms of hazardous wastes,
unless the wastes are acute hazardous wastes which requires a one-time
notification. Subsequent months during which the industrial user generates
more than 100 kilograms of hazardous wastes do not require additional
notification, accept for the acute hazardous wastes specified in 40 CFR
261.5(e), (f), (g), and (j).
(C) In case of the new regulations under Section 3001 of RCRA identifying
additional characteristics of hazardous wastes or listing any additional
substance as a hazardous waste, the industrial user must notify the Utilities
Director of the discharge of such substance within ninety (90) days of the
effective date of such regulations, except for the exemption in paragraph
two (2) of this section.
(D) Ir~ the case of any notification made under this section, the industrial
user shall certify that it has a program in place to reduce the volume and
toxicity of wastes generated to the degree it has determined to be
economically practicable and that it has selected the method of treatment,
storage, or disposal currently available which minimizes the present and
future threat to human health and the environment.
29
21. Compliance Date Report
Within ninety (90) days following the date for final compliance with
applicable pretreatment standards or, in the case of a new source, following
commencement of the introduction of wastewater into the public/sanitary
sewer system, each City shall submit to the Executive Director, a monitoring
report indicating the nature and concentration of all pollutants in the
discharge from the regulated process which are limited by pretreatment
standards and requirements and the average and maximum daily flow for
these process units in the user facility which are limited by those
pretreatment standards or requirements. The report shall state whether the
applicable pretreatment standards are being met on a consistent basis and, if
not, what additional pretreatment is necessary to bring the user into
compliance with the applicable pretreatment standards or requirements. This
statement shall be signed by an authorized representative of the industrial
user and certified to by a qualified representative.
22.
Periodic Compliance Report
Each City shall submit to-the POTW during the months of June and
December, unless required more frequently in the pretreatment standard or
by the POTW, a report indicating the nature and concentration of pollutants
in the effluent which are limited by those pretreatment standards or. this
chapter. In addition, this report shall include a record of all daily flows
which, during the reporting period, exceed the average daily flow reported in
the submission information. At the discretion of the POTW and in
consideration of those factors as local high or Iow flow rates, holidays,
budget cycles, and the like, the POTW may agree to alter the months during
which the above reports may be submitted.
30
23.
Monitorin.q FacilitieS
(A) Each City may require to be provided and operated, all at the user's own
expense, monitoring facilities to allow inspection, sampling, and flow
measurement of the building sewer Or internal drainage systems. The
monitoring facility should normal be located on the user's premises, but the
City may, when a location would be impractical or cause undue hardship on
the user, allow the facility to be constructed in the public street or sidewalk
area located so that it will not be obstructed by landscaping or parked
vehicles. There shall be ample room in or near the sampling manhole or
facility to allow accurate sampling and preparation of samples for analysis.
(B) The facility, sampling, and measuring equipment shall be maintained at
all times in a safe and proper operating condition at the expense of the user.
Whether constructed on public or private property, the sampling and
monitoring facilities shall be provided in accordance with plans and
sPecifications submitted to and approved by each City and all applicable
local construction standards and specifications. When required,
construction of those facilities shall be completed within ninety (90) days
following written notification by the City.
24.
Inspection and SamDlina
Each City, through its employees, is authorized to inspect the facilities of
any user to ascertain whether the purpose of this Agreement is being met
and ail requirements are being complied with. Persons or occupants of
premises where wastewater is created or discharged shall allow the City or
its representative ready access at all reasonable times to all parts of the
premises for the purposes of inspection, sampling, records examination,
records copying, or in the performance of their duties. The City, POTW,
state, DER, and EPA shall have the right to set up on the user's property
those devices that are necessary to conduct sampling inspection, compliance
monitoring, or metering operations. Where a user has security measures in
force which would require proper identification and clearance before entry
31
into their premises, the user shall make necessary arrangements with their
security guards so that upon presentation of suitable identification, personnel
from the City, POTW, DER, and EPA will be permitted to enter, without
delay, for the purposes of performing their specific responsibilities.
25. Information and Data to be Made Available
Information and data on a user obtained from reports, questionnaires, permit
applications, permits and monitoring programs, and from inspections shall be
made available to the public or other governmental agency in accordance
with applicable state statutes or federal law.
26.
Special Permit Required; Term
A special permit will be required by the POTW for each City. The fixed life
of a permit is set for one year from date of issue, and a renewed waste
discharge permit will have a fixed life of one year. These permits involve the
implementation of a formula for surcharge for wastes which exceed the
sewage parameters for strength as set forth herein and also require
enforcement by the Cities to prevent the discharge of wastes which exceed
the sewage parameters for strength as defined in the Agreement. In order to
effect these provisions, each City shall provide for development of a permit
program for its users.
27.
Application for Permits
The Cities agree to administer a waste discharge permit program for all their
industrial users as follows:
(A) The application for a waste discharge permit shall be of a form specified
by each City.
32
(B) This application will define all of the pertinent data concerning the
acceptance of industrial and commercial waste flows and will provide the
basis for the issuing of a permit certificate specifying limitations on what the
user may discharge.The permittee may petition specific conditions of the
permit for a period of thirty (30) calendar days following the date of
issuance. After this period, the permittee waives all right to petition the
conditions of the permit.
(C) The initial permit shall be effective for a period of no more than five
years from date of issuance and must be renewed annually by the applicant
in order to conl~inue that waste discharge.
(D) An application for an initial permit shall be accompanied by a cashier's
check in an amount as established by each City as a permit fee plus the
City's monitoring costs as prescribed by 40 CFR, 403.
(1) Industrial and Commercial Waste Discharge Permit Form: The form of
permit for industr, ial and commercial wastes shall be as specified by each
City. Specific provisions for continued acceptance by each City of the
waste shall be attached to and made a part of the permit to discharge. Each
City may prescribe those items as equalized flow discharge, pre-chlorination,
or additional limitations on waste characteristics not adequately described in
this Agreement, or may prescribe pretreatment quality, requirements for the
waste flow in detail.
(2) Renewal of Industrial and Commercial Waste Discharge Permit: The
application for a renewed waste discharge permit shall be of a form specified
by each City.
(E) Administration of Permits:
(1) The administration of the industrial and commercial waste discharge
permit program and the application of the surcharge formula imposes
additional obligations of the Cities.
33
(2) The Cities, in addition to determining the waste flow volumes and
analyzing the wastes strengths for development of the surcharge, must also
maintain an accurate record of the permit applications, permits, meter
installation details, meter calibrations, and shall make available to each
establishment the necessary renewal application forms.
28.
Application of Surchar,qe Over Standard Use Fee
(A) The Cities shall adopt ordinances providing for a surcharge to be applied
over and above the standard sewer use fee when the wastes from lot or
parcel of land, upon which there is located any building or activity, contain
B. O. D., C. O. D., ammonia, or suspended solids concentration higher than
defined herein.
(B) The surcharge in dollars shall be computed by the formulas established
by the Cities for the user charge and industrial cost recovery system.
(C) Nothing in this Agreement shall restrict the City from making additional
adjustments in rates if it is found that the nature or quantity of the wastes
creates an additional burden on the system or if those adjustments are
necessary to comply with regulations of the State Department of
Environmental Regulation or the United States Environmental Protection
Agency.
29.
Responsibility for Treatment and Disposal
The POTW is responsible for the proper treatment and disposal of all waste
that is proper to process through the regional treatment facilities, beginning
at the point source.
34
30.
Right .to Enter Premises and Obtain Information Concerning Discharges
{A) To the extent permitted by general law, the proper official and other
duly authorized employees of the City or the POTW bearing proper
credentials and identification shall be permitted to enter all properties for
purposes of inspection, observations, measurement, sampling, and testing in
accordance with the provisions of this Agreement. The official or his
representatives will not inquire into any processes, including metallurgical,
chemical, oil, refining, ceramic, paper, or other industries beyond that point
having a direct bearing on the kind and source of discharge to the sewers or
waterways or facilities for waste treatment.
(B) To the extent permitted by general law, the proper official and other duly
authorized employees of the City or the POTW bearing proper credentials
and identification shall be permitted to enter all private properties through
which the City holds an easement for the purposes of, but not limited to,
inspection, observation, measurement, sampling, repair, and maintenance of
any portion of the sewage works lying within that easement.
31.
Suspension of Wastewater Treatment Service; Notice to Stop Discharae;
Failure to Comply
(A) The Cities shall adopt ordinances providing that each City may suspend
the wastewater treatment service to any user, including other local
governments, when the suspension is necessary, in the opinion of the City,
in order to stop an actual or threatened violation which presents or may
present an imminent or substantial endangerment to the health or welfare of
persons or the environment, causes interference to the POTW, caused the
POTW to violate any condition of its NPDES permit, or causes the City to be
in violation of any of its agreements with the POTW.
(B) The Cities shall require that any user notified of a suspension of the
wastewater treatment service shall immediately stop or eliminate the
contribution. In the event of a failure of the City to cause the user to
35
voluntarily comply with the suspension order, the POTW shall take steps as
deemed necessary, including immediate severance of the sewer connection,
to prevent or minimize damage to the POTW systems or endangerment to
any individuals. The POTW may reinstate the wastewater treatment service
upon proof of the elimination of the non-complying discharge. A detailed
written statement submitted by the user describing the causes of the harmful
contribution and the measures taken to prevent any future occurrence shall
be submitted to the City within fifteen (15) days from the date of the
occurrence.
32. Notification of Violations
Whenever the POTW finds that any City has violated or is violating any of
the provisions of this Agreement, or any prohibition, limitation requirements
contained herein, or any regulations promulgated by the City pursuant to this
Agreement, the POTW may serve upon that City a written notice stating the
nature of the violation. Within thirty (30) days of the receipt of the notice, a
plan for the satisfactory correction thereof shall be submitted to the POTW
by the City.
33.
Publication of. Users in Significant Non-Compliance
The POTW or the City shall publish annually, in the largest daily which,
during the previous 12 months, were in significant non-compliance with
applicable pretreatment standards and requirements. The term significant
non-compliance shall mean:
(A) Chronic violations of wastewater discharge limits, defined here as those
in which sixty-six percent (66%) or more of wastewater measurements
taken during a six month period exceed the daily maximum limit or average
limit fir the same pollutant parameter by any amount;
36
(B) Technical Review Criteria (TRC) viOlations, defined here as those in
which thirty three percent (33%) or more of wastewater measurements
taken for each Pollutant parameter during a six month period equals or
exceeds the product of the daily maximum limit or the average limit
multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils, and grease
and 1.2 for all other pollutants except pH);
(C) Any other discharge violation that the City believes has caused, alone or
in combination with other discharges, interference or pass through (including
endangering the health of City personnel or the general public);
(D) Any discharge of pollutants that has caused imminent endangerment to
the public or to the environment, or has resulted in the City's exercise of its
emergency authority to halt or prevent such a discharge;
(E) Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or
enforcement order for starting construction, completing construction, or
attaining final compliance;
(F) Failure to provide within thirty (30) days after the due date, any required
reports, including baseline monitoring reports, ninety day compliance reports,
periodic self-monitoring reports, and reports on compliance with compliance
schedules;
(G) Failure to accurately report non-compliance;
(H) Any other violations which the City determines will adversely affect the
operation or implementation of the local pretreatment program.
34.
False Statements of Documents Prohibited
No person shall knowingly make any false statements, representation, or
certification in any application record, report, plan, or other document filed or
37
required to be maintained pursuant to this Agreement, or falsify, tamper
with, or knowingly render inaccurate any monitoring device or method
required under this chapter.
35.
Show Cause HearinR
(A) Any party subject to enforcement action under the provisions of this
Agreement may request a hearing before the Executive Director within ten
(10) days of receipt of notification or proposed enforcement action. A
hearing is to be held by the. Director concerning the violation., the reasons
why the action is to be taken, the proposed enforcement action, and
directing the user to show cause before the Executive Director why the
proposed enforcement action should not be taken.
(B) The Executive Director may conduct the hearing and take the evidence,
or, at the Executive Director's sole discretion, may designate the POTW
attorney or an independent arbitrator to:
(1)
Issue, in the name of the Executive Director, notices of hearing
requesting the attendance and testimony of witnesses and the
production of evidence relevant to any matter involved in that hearing.
(2)
Take evidence and hear testimony ( the strict rules of evidence shall
not apply to any hearing).
(3)
· Transit a report of the evidence and hearing, including transcripts and
other evidence, together with recommendation to the Executive
Director or his designee for action thereon.
(C) At any hearing held pursuant to this Agreement, testimony taken must
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.
38
(D) After the Executive Director or his designee has reviewed the evidence,
he may issue an order to the user responsible for the non-compliance(s)
stating that, following a thirty (30) day time period to provide remediation of
non-compliance(s), penalties as per this Agreement shall go into effect.
Further orders as are necessary and appropriate may be issued.
(E) The POTW shall also establish appropriate surcharges or fees to the
Cities to reimburse the POTW for the additional cost of operation and
maintenance of the wastewater treatment works due to the violation of this
Agreement.
(F) Any action by the Executive Director o.r his designee may be appealed to
the POTW Board.
(G) Costs for conducting a Show Cause Hearing shall be borne by the user
requesting the hearing, if the enforcement action is upheld.
36.
Legal Action Against User for Appropriate Relief
If any person discharges sewage, industrial wastes, or other wastes into the
City's wastewater disposal system contrary to the provisions of this
Agreement, federal or state pretreatment requirements, or any Order of the
City, and the City has not timely taken appropriate action to prevent such a
violation, the POTW's attorney may commence an action against the City
within whose collection system the violation is occurring, for appropriate
legal relief, in the appropriate court which has jurisdiction.
37.
Retention of RecordS Required
The Cities shall adopt ordinances which require all users to retain and
preserve for no less than three (3) years, any records, books, documents,
memoranda, reports, correspondence, and any and all summaries thereto,
relating to monitoring, sampling, and chemical analyses made by or on behalf
39
of a user in connection with its discharge. All records which pertain to
matters which are the subject of administrative adjustment or any other
enforcement or litigation activities brought by the POTW or the City pursuant
hereto shall be retained and preserved by the user until all enforcement
activities have concluded and all periods of limitation with respect to any and
all appeals have expired.
38.
Enforcement Plan
The Cities shall adopt ordinances providing for an escalating enforcement
strategy to be used by the Cities to maintain compliance with this
Agreement. The various types of enforcement actions shall be used as
determined by the Utilities Director depending on the severity of the
violation. A copy of the enforcement plan will be kept on file at the POTW.
39.
Penalties
The Cities shall adopt, by ordinance, as a minimum, the following penalties:
(A) Civil Penalties: The Cities shall adopt an ordinance providing that
any user who is found to have violated an Order of the City or
Ordinance adopted to provide for compliance with this Agreement or
who fails to comply with any orders, rules, and regulations issued by
the City pursuant to this Agreement, shall be penalized up to
· 91,000.00 per day for each offense. Each day on which a violation
shall occur or continue shall be deemed a separate and distinct
offense. In addition to the penalties provided herein, each City may,
to the extent permitted or authorized by law, recover reasonable
attorneys' fees and other expenses of litigation by appropriate motions
or suit at law against the user/person found to have violated this
Agreement or the ordinances, orders, rules, regulations, and permits
issued hereunder.
4O
(B) Any person who shall continue any violation beyond the time limit
provided for in this Agreement shall be guilty of a violation, and on
conviction thereof, shall be penalized in an amount not exceeding $5,000.00
for each violation. Each day in which any violation shall continue shall be
deemed a separate offense.
(C) Within thirty (30) days of any and all violations, the user shall cause a
sample of the discharge to be taken and laboratory analysis performed on
said sample at their expense with the results to be provided to the Utilities
Director. The Utilities Director may require further at such times as he
deems appropriate.
40.
Cost Recovery Formula
At Board level, the costs for testing of each City's effluent line to the facility
will vary with the number and types of industries reported to exist in each
City.
The following Cost Recovery Formula is hereby adopted and shall be applied
to each City on the basis of such monitoring activity:
BOARD ORDINANCE PRETREATMENT COST RECOVERY FORMULA
PCc = (Sa x S.) + (Ac x An)
Formula Definitions:
PCc = Pretreatment Monitoring Charge per City
Sa = Sampling Activity Cost
41
Sn = Number of Samples
Ac'= Analysis Cost
A. = Number of Analyses
42
IN WITNESS WHEREOF, the parties hereto have executed this Industrial Waste and
Pretreatment Agreement this day of ,1994.
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
/
Chmrman
ATTEST:
ATTEST:
City Clerk
CITY OF BOYNTON BEACH
Mayor ~/
CITY OF DELRAY BEACH
ATTEST:
By:
Mayor
City Clerk
43
The above action is hereby ratified in open session by the City of Boynton Beach
this ~'/ day of /~/~/, 1994'.~
Witnesses:
(SEAL)
CITY OF BOYNTON BEACH
By: ~
Mayor
Att e st: ~_/_.~~_.~ ~,~J~--zz~.~_.
~' City Clerk
Approved as to form: ~
~ City Atto?r~y
The above action is hereby ratified in open session by the City of Delray Beach this
day of , 1994.
Witnesses: CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
(SEAL)
Approved as to form:
City Manager
City Attorney
44