Minutes 12-26-74MINUTES OF THE SPECH~L MEETinG OF THE CZTY COUNCIL HELD AT
CITY F~T~, BOYNTON BF~CHAT ~ :ooFLOR!DA'p. M. THURSDAY, DECE~BER 26, 1974
PRESENT
Joe DeLeag, Mayor
David Roberts, Vice Mayor
Forrest Nallace
Edward Harmening
Norman Strna~
Fra~kKohl,
City Manager
Ernest Simon,
City Attorney
Mrs. Callie Clanton,
Acting City Clerk
Mayor DeLoag called the Epecial Meeting of the City Co~cil
to order aU 6:00 P. M. amd recognized Vice Mayor Ro~ertso
Mr. Roberts referred to ~eiag mismnderstood and
he ~l~n~,t take offense toe often i% affects a great
area he thinks
cle in the
lng. The
word ab~
was all wate~
City a
office and
was sta~ed
he talk t
which was ~
He referred te a~ artt-
Times co~cer~ing water costs ris-
to water a~d not one
have Bee~. it
the bottom where he was
wo~tdmake the
Ee contacted their
~ateme~t was imcorrect.
News-Jomrnal stating the mora-
~nstructio~was completed,
purpose of this meeting was that
contract for the waste water
and Delray Beach. Mr.
ff qmestions~ He
take~ im the se~ne~ce of I~ter-
tability for
the RegiomaI , Annex II.
they were not able te
Et seems it We~ld ~ave
~ith the Delray
kich
coat ~t is ~uilt
It Will have
to
the
t~e
npon
CITY COUNCIL
MINUTES
PAGE T~O
DECEMBER 26 , t 974
by the board composed of five members of each City a~d in
turn approved by the separate a~d imdividual actioms ef each
of the separate cities. He added that acticm hy the board
will require i~ all cases a 70% ~ote, including affirmative
action amd at leaSt two members of eaokcou~cil a~d six con-
stituti~g the mimimum of a council, In getting back to the
maim question, he feels and he has had much to do with this
including a lomg study on it, if they had
atte d ~
beth cities
has te 1
As
970 to have
f~da-
~ omt
) ef
md
ef
a~d
Mr. Roberts
lock s
the
l~ave it
tinue
majl
in the
gO.
to an electi0~ or
T~ey resort to
~rred
happen if there was a dead-
t '
hat mt.wa~, very remote m~der
questioned mf it wa~ 50-50. Mr,
having the
degree and mot
to when some.
tO the
d h~ppen
far preferable
dec=. Nr. Roberts
th~m-
no amd
electorm~ of
t~e
him that
if it ce~d l~e
yes~ if i~
Mr. ~al~ee S~a~ed that he had no questions.
~v~w. sitrmad ~tated he was perfectly satisfied with What hehas
readan~i! thmmkSthey have the mos~ caPa~le person possible,
who has!i~awnup~the co~tract ~or them. !He is perfectly sat-
isfie~. Mr. St~z~ th~ed him and adde~ that he did have
CITY COUECIL
MINUTES
PAGE THREE
DECEMBER 26, ] 97~
help from others in the early draft stages. He added that
the City Manager of Delray Beach put in some good suggestions
and both ~
meaniag
Mr. Strna~ stated at the ori-
ginal me~tmng which they had i~ aa
eDiniOm and not a de¢isiom in reference and
he was ope~ for a decision after seeing what transpired.
Mayor :o~ld render
the people from
is ~ t up.
[~ possibly have semetking
C
were imCorrect im using this word. Mr. Sim.em i~formed them
they were not incorrect in using this word in its genetic
sea_se. They are approving and giving authorization.
Mr. Wallace moved to approve the Interlocal Agreememt, Ansex
I,
~astewater Discharged
into the : ii amd these specific items
be minmtes. Mr. Strnad seconded.
Mr. Harmeniag added that the appropriate City officials should
be instructed to amthorize these agreements. ~s. Clanto~
conducte~ a roll c~1~ vote as follows:
Mr. Harmening - Aye
.Mr. Roberts - Aye
Mr. Strmad - Aye
Mr. Wallace - Aye
Mayor DeLong - Aye
Motion carried 5-0.
Mr. Roberts moved to adjomrn, seconded by Mr. Wallace.
carried 5-0 amd the meeting was adjourned at 6:25 P. M.
ATTEST:
Motion
Councilman
(2mty C±emk~
- INTEP~OCAL AG REE~ENT.
T~IS INTERLOCAL AGI~EM. ENT, made and entered into this o~ff ~
day of ~~~-- , A.D., 19/~, by and between the City of
Bo~'raton Beach, Florida, a municipal corporation (hereinafter called
· ,~oyn~on")~ and City of Delray Beach, Florida,
corporation (hereinafter called "Delray").
a municipal
WITN ES SETH:
~tEP~AS, Boynton and Delray are authorized by Section 163.01,
Florida Statutes, to ~nter into intertocal agreements to cooperatively
'utilize ~he most efficient use of their powers on a basis of mutual
· advantage md to provide services and facilities in accord best with
geographic, economic, population and other factors influencing the
- needs an~'developmen% of the local co~unity; and
~qEREAS, a public agency 'of this State is authorized to exercise
jointly with any other public agency of the State or the United States
au%Jaorlty ~hich such agencies share in common and which each might
exercise separately;, and
W~EREAS, in order to provide for the public.health, welfare
and safe~y of the citizens of Boynton and Delray and others in the
Region~ a regional approach is necessary to the furnishing of
regional wastewater treatment and disposal without regard to
political or governmental boundaries; and
WREREAS~ Boynton and Delray presently own, operate and maintain~
their own ~astewater collection and transmission systems and,
~hereas# both Boynton and Delray will continue to. own, operate,
maintala'andexpand said systems to deliver~wastewaret-to the ' '
$ou~hCen%ral Regional Wastewater Treatment And Disposal Facility
{hereinafter called "Regional Facility"); and
~EREAS~ it is in %he best interest of the citizens of Boynton
and Delray ~hat a single entity make all the policies necessary
in connection with the providing and the furnishing of regional
was%ewater treatment and disposa~ service in the South Central
Region of Palm Beach County as presently established by the regu-
latory agencies; and
~qF~EREAS, since such an entity will have broad powers and
responsibilities, it should be
City Council of each City.
.Now, THEREFORE, for and
composed of five members of the
in consideration of the mutual benefits
to flow to each other', the City of Boynton Beach and the City of
Delray Beach and %0 the citizens residing in both Boynton and
Delray, and in consideration of the mutual covenants, promises and
agreements herein contained, Boynton and Delray hereby agree with
each other as follows:
Section 1: . Purpose of Agreement.
The purpose of this Interlocal Agreement is to create and by
these presents does hereby create a legal entity composed of five
~enfo~rs of %he City Council of each of the two cities (Boynton and
Delray) ~o be known as the South Central Regional Wastewater Treat-
merit and Disposal Board (hereinafter called "Board"). The Board is
charged with the responsibility of providing wastewater treatment
and disposa~ services to the South Central Region depicted on the
map dated December, 1974 which is attached hereto as Exhibit A and
made a part hereof, which map also delineates the service areas of
Delra~ and .Boynton. Such Board sha'll make all policies for the ad-
~nistratlon, ooeration,~ . = mazntenance,~ enlargement, development, re~
placement, and repair oz the Regiona~ Facility for the furnishing
of wastewater treatment and disposal services to the said South
Central Region.
1, Boynton and
to comply
To accomplish the purposes expressed in this Section
Delray respectively and mutually agree with each other
an~ abide by all policies as shall be set and deter-
mined by such Board and approved by the majority vote-of the separate
City Councils of Delray and Boynton, subject at all times, however,
to the contractual rights of the holders of the revenue obligations
of the separate cities. It is not the purpose of this Agreement to
~ransfer ownership of any existing facilities. Nothing in this
Agreement, however, shall ever be construed to authorize the Board,
-2-
_Boynton or Delray to affect adversely or impair the contractual
rights created and vested by reason of the issuance at any time of
bonds by'Boynton or Delray.
Section 2: Duration.
The Board shall continue in existence until it is replaced
by .(a) a satisfactory legal entity or contractual arrangement ap-
''prove~ by a majority vote of each of the City Councils or (b) by
governmental restructuring or reorganization when ratified by the
quatifiedelectors of the South Central Region, which must include
a majority ratification by electors of Boynton and a majority rati-
fication by electors of ~elray.
Section 3: Powers
and Procedures.
Procedures.
1. The Board shall meet in~uediately and select a Chair-
man and thereafter such additional officers and agents as the 'Board
shall from time to time determine and who shall continue to hold
such positions until their successors are duly selected and installed.
. ~- ~ . - 2. She Board shall meet at le~ast_:~q~ar~e~rannually or
more often when necessary upon call of the Chairman or upon request
of not less than four [4) members of the Board to transact the
business of the Board~ ~
. . 3. A quorum for the purpose of transacting business
shall consist of no~ less than six (6) members comprised of not
less than three (3) members of the 'City Council°of Boynton Beach and
'not less than three (3) members of the City Council of Delray Beach.
4. The concurring vote of seventy percent (70%) of
members present, including the concurring vote of at least two (2)
members of each Council'shall be necessary to decide any question.
5. The Board shall adopt by-laws, r61es and regulations
to govern its actions and procedures.
The following powers are exercisable by the Board:
1. The power and authority to accept funds appropriated
to it by any governmental body or from whate~er source', and it may
-3-
apply for and receive grants and donations of all kinds.
2. May expend a%l or any part of such funds for any
lawful purpose or purposes consistent with'~he general purposes of
%bls Interlocal Agreement.
3. Shall have the authority, independently or by or with
%he assistance of either of the participating parties hereto, to
enforce all rules, regulations and policies adopted under the author-
i%y of this !nterlocal Agreement, and may resort to any available legal
process.for this purpose.
4. Shall be authorized to defend or prosecute all lawsuits
and claims_in which th~ Board is a proper party and to collect and
pay such expenses and ko settle claims related thereto, and to employ
%he se~vlces of attorneys~ accountants and O.tker professional advisers
for the prosecution-or.defense of such lawsuits and claims.
5.. Have such additional powers as are by resolution or
agreement lawfully delegated to it.by the City Council of each City.
" 6.~Enter into contracts ~or budgeted items.- .....
7. Shall provide for appropriate depositorie~ into
which all funds shall be deposited.
' ' 8. Establish a procedure for disbursement'of funds' ' '
from the appropriate depositories.
9. Establish fidelity bonds for those receiving and
disbursing funds.
10. Make authorized purchases in the Board's name.
t!, Transact all business and take title to ali personal
property in its o~n name. .
12, 'Acquire ownership, custody, operation, maintenance,
te~se or sale of personal property.
13. Shall purchase all necessary insurance coverage to
fully protect the facilities, including but not limited to fire~
cas. ualties~ liability, workmen's compensation,, surety~ bonding,
-4-
The following powers, are exercisable by the Board
subject to approval by a majority vote of each City
~0~cil'~efore becoming effective.
1. Shall create employee positi6ns.
2, Shall at least annually consider the Regional Facility
with respect to the policies, rates, charges, maintenance, extensions,
exp~sions, construction, financing and management and take such
action thereon as is deemed necessary.
3, Shall annually adopt a budget in accordance with
procedures established ~y the Board.
4, Enter into contracts for non-budgeted items.
54 Acquire Ownership, custody, operation, maintenance,
lease or sale of real property.
6.- Return ~ny'surplus money accumulated to the Cities in
their proportion of.<ownership of the facilities.
(D) An indep~nden~ audit shall be made of all accounts of
the Board at the end of each fiscal year and more frequently if
deemed necessary by the Board. Such audit shall be made by certified
public accountants experienced in g~vernmental accounting, and who
shall ha~e no perspnal inSerest, direct or indirect, in the fiscal
affairs Of the South central Regional Wastewater Treatment and
'~ ~isposal Board, or of any members of the Board. The condensed audit
· shall be distributed to members of the City Councils, .City Managers,
~isclose Pertinent facts concerning the activities and finances Qf
the South Central Regional Wastewater Treatment and Disposal Board.
~ectiOn 4:' Procedure for amendin~ Interlocal Agreement.
A proposed amendment to this Interlocal Agreement may be
initiated hy any Board member in writing to the Board mt least
Seven {7) days prior to a vote %hereon, and such proposed amendmen~
~st ~e approved by the concurring vote of the Board as set forth
-5-
in SeCtion 3 above; provided~
shall become effective unless
City Conncil acting independently.
however, that no proposed amendment
approved by a majority vote of each
Section 5: Authority to hire and discharge Chief Executive
Officer.
The Board may hire and discharge a Chief Executive Officer by
the concurring vote of the Board, as set forth in Section 3 above
provided, however, no such action to hire or discharge such Chief
Executive Officer shall be effective unless approved by a majority
vote of both City Councils acting independently of the Board.
~ection 6: ~Duties and authority of Chief Executive Officer..
The Chief Executive Officer shall be the administrative head
of the Regional F~cillty. He shall be responsible to the Board for
the proper administration of all affairs of the Board and of the
RegionaI Facility, and to that end, subject to the provisions of
this Inter!ocal ~greement, the Chief Executive Officer.shall have
the power and shall be required to:
(A) ~ppoint employees. Appoint and when necessary for the
'..good of the Regional Facility remove all officers and employees of
theR~e~ionat Facility except as otherwise provided by'this Interlocal
Agreement and except as he may authorize the head Of a department or
office to appoint and remove subordinates in such department or
office~
(B) ~dg~.,. Prepare the budget annually and submit it to
the Board and be responsible for its administration after adoption.
(C) .financial report. Prepare~a~d submit to. the Board as_
of the end of the fiscal year a complete report on the finances
the R~gional Facility for the
and administrative activities of
prece~ln~g ~ear,
(D) financial condition.
Keep the Board ~dvised_of the
f~nancial condition and future needs of the Regional Facility and
~ke such recoramendatiOns as may seem to-him desirable,
~) ~her duties. Perform such other duties as may be
prescribed by this Interlocal Agreement or.required of him by the
Board not inconsistent with this Interlocal Agreement.
Section 7: Ownership. '
Ownership of the regional wastewater treatment and disposal
facilities shall be vested proportionately with Delray and Boynton
in accordance with the capital investments of each City as made
from time to time. Facilities may be constructed on land owned by
%he Board and/or leased-from either City. Land and/or facilities
owned by either City may be leased, purchased or otherwise acquired
by %he ~oard. Land f~r the treatment facility may he acquired by
the Board and 'financed in the same manner as the improvements. Each
City may meet~its required capital contribution by contributing cash,
land, capital assets, or any combination thereof, provided, however,
that any such contribution other than cash shall be first approved
by the Board and by the majority of each City Council. Each City
will pay the debt service on its own bonds.
section 8: Services and cost allocation.
Ir'is agreed ~hat the initial project for a 12-million gallon
per day -(MGD) facility to be constructed under the terms of this
Interlocal Agreement will be that project more fully described in the
EPA application FY75 No. C-12-0406010, and sig~ed by appropriate
officers of each Ci~yo It is further agreed that the services of
~he Regional Facility shall be available only to the wastewater
received ~hrough the transmission lines of Detray and Boynton. Both
Boynton and Delray agree to an allocation in the initial 12 MGD
~roject of 6 MGD average daily flow for each Cit~. The capital cost
allocation for each City will, therefore, be 50% of the total for
the same initial project. ' The capital cost of any ~xpansion of
capacity of the Regional Facility shall be apportioned to each City
in proportion to the allocation to each City of such added capacity.
Section 9: Written Agreements.
~The Cities may enter into written agreements from time to
time temporarily assigning unused portions of the allocation of
capacity from one City to the other City. Such agreements shall
~ ~be administered by the Board. Charges to the user under such agree-
merits shall be 150% of the monthly billing rate per MGD. Of the
said 158%, one-third shall be credited to the billing of the
and the remaining two-thirds shall be retained by
releasing City,
the
Section
10: Supervision and operation.
I~ view of the fac~ that initial installation of regional
wastewater treatment disposal facilities will be within the city
limits of Delray, the Board will contract with' Delray on a non-profit
basis t0 supervise the construction of and to operate the Regional
Facility, provided, however, that-such contracts shall be approved
by the majority vote'of each .City Council and provided, further,
that such contracts shall be subject to the contractural rights
created and vested b~ reason of the.issuance of bonds by Boynton
or Delray for the construction of said Regional Facility°
Section 11: Renewal and replacement requirements.
Renewal and replacement requirements of the Regional Facility
shall be considered by each City in the establishment of their
respective rate structures.
Section 12: Expansion..
At any time the plant has reached 75% of the overall design
~apacity of ~h~as~ e~pansi0n incremenC; the Board shall commence
final financing and engineering plans for the proper expansion of
the project~ -This planning must be completed by the Board and
submitted to the City Councils of Delray and Boynton for approval
~y the time the plant has reached 85% of the overall design capacity
of the last expansion increment.
-8-
Section 13: Financial support.
Within ten {10] days after this Interlocal Agreement
becomeseffective as provided in Section 14 hereof, Delray and
Boynton shall each pay to the Board the sum of $25,000.00 from their
respective public funds to provide financial support to defray a
portlon of the costs of fulfilling the purposes set forth in this
tnterlocatAgreemento
Section 14: Approval, filing and effective date.
~his Interlocall Agreement shall be immediately submitted to
the Department of Legal Affairs of the State of Florida for approval
as required by the provisions of Section 163.01(11), Florida Statutes.
A copy of this Interlocat Agreement and all subsequentamendments
thereto shall be filed ~ith the Clerk of the Circuit Court of Palm
Beach C~unty and with the Department of Community Affairs of the
State of~lorida. This Interlocal Agreement shall take effect
irm~edlately upon its approval by the Department of Legal Affairs and
its being filed as provided in Section
Statutes. ~'
IN~?~TNESS I4HEREOF, the City of
of Delray Beach have entered into this
have caused
163.01(11, 12), Florida
Boynton Beach and the City
InterlocalAgreement and
it to be executed by their duly authorized officers.
CITY OFDELRAY BEACH
A I4unlcipat Corporation
Attest:
Approved as to correctness
and for~ ~-
~/ity ~lanager
City Attorne7
CITY OF BOYNTON BEACH
A Municipal Corporation
Approved as to correctness
and ~rm: ' '
~ity Attorfiey
-9-
ALLOCATION OF OPERATING COSTS
~NNEX. I
tO the Xnterlocat Agreement between the City of Delray Beach,
-Florida ("Detray")~ and the City of Boynton Beach, Florida ("Boynton"),
(hereinafter sometimes referred to collectively as the "City" or the
"Citles")~ dated the ~ day of '.~ ~~ , 19 J~. This
Annex will establish and provide the basis of operation, supervision,
mana~ement~ maintenance, repair and replacement cost determination
and billing therefor of the Regional Plant°
1. Proration of Operation Costs:
Boynton and Delray have agreed
part of the Board's ~'operating costs"
IntertocalAgreement to ~vhich this is
to pay to the Board a proportional
as used herein and in the
attached which are defined as
the total cost of all operation, supervision, management, maintenance,
repalr~ renewaI'~nd replacement expenses and ~11 other operating ..... _
expenses. The porti°n of the operation costs paid by each Cit~ shall
be based-on the. ratio that each City's flow bears to the total flows.
Said costs shall be billed on a monthly basis ~nd shall be payable
by eac~ City to the Board within ten (10) days after receipt of the
invoice for same.
2. Metering Stations:
It is agreed that the Cities will from time to time, at their
exl0ense, acquire, install and construct metering facilities of a
t~pe, quality and at locations approved by the Board: and. acquired
~y the Cities at-their expense, for the purpose of providing depend-
able recorded measurements of flows of wastewater discharging from
the Cities into the Regional Facility. Said facilities shall be
operated, supervised, managed, maintained, repaired and replace~
by the Board as a cost to the Regional Facility. Until said metering
fac=litles have been so acquired, installed or constructed, the cities
shall not discharge any wastewater~ into the
Regional FacilitY.
of
"~ ~3aa% period of time will be billed
~- of the~-h-ree preceding monthl~
Failure of Me~rs:
In the event of a meter failure which prevents the recording
continuous flow data for any period of time for billing purposes,_
on the basis of the daily average
flows°
4. sludge:
- It is agreed that the prompt removal of sludge is necessary
to the eff~clent operation of the Regional Facility, and no charge
'.shall be made to either of the parties hereto for the sludge removed
~y s~ch p~rt~ and ~ny sludge so removed shall be treated as the
property of that part~. The sludge shall be available to the cities
~_on an eq~l basis.
[ ' 5. Claims Agains~ the Cityt.
In defending or prosecuting any claims of any nature whatsoever,
l~wsuits~'actions, causes of action, workmen'S compensation, or
any other matters pertalnzng to the operations of the Regional
Facilit~ and the activities of the Board, including legal fees and
~expen,ses~ fees.f°r professional, services, or any other related
expenses# shall be included as a part of the operating costs of the
Regional Facility-.
'CITY OF BOYNTON BEACH
A Municipal Corporation
CITY OF DELRAY BEAC~
i% Municipal Corporation
Mayor
At~est~. ~ > ~ . . _ .. . Attest:
~ ~f~ _/~: ×~-z4 - - City Clerk
~ ~ Approved as to correctness
' red as ~o coffee, ess .
ApprO - · and form.
~~ ~, - ~Ianager ~
.~ty ~lanager ~ ~ ~
~~ ~'~ - ~ty .Attorney
~ity ~ttorney
EXHIBIT A
STANDARDS OF ACCEPTABILITY
FOR WASTEWATER DISCHARGED INTO THE
REGIONAL FACILITY
ANNEX II
to the ~nterlocal Agreement
Florida ("Delray"), and the
(hereinafter sometimes
"Cities"), dated the
1. Definitions
between the City of Delray Beach,
City of Boynton Beach, Florida ("Boynton"),
referred to collectively as the "City"
/
or the
Unless the context specifically indicates otherwise~ the
meaning of terms used in these regulations shall be as follows:
~'Sewage WOrks" shall mean all facilities for collecting,
puiaping, treating, and disposing of sewage°
_ "Sewage" shall mean a combination of the water-carried waste
from residences, business buildings, institutions, and industrial
establishments, together with such ground, surface and storm waters
as may be present b~t unintentionally admitted.
"Sewer" shall mean aplpe or conduit for carrying sewage.
"Public Sewer" shall mean a sewer in which all owners of
abutting properties have equal.rights, and is controlled~by public
authority.
"Sanitary Sewer" shall mean a sewer which carries sewage
b_~d to which storm, surface and ground waters are excluded.
"Storm Sewer" or "Storm Drain" shall mean a sewer which carries
storm and surface waters and drainage, but excludes sewage and
polluted industrial wastes.
"Water Pollution Control Plant" shall mean any arrangement
of devices and structures used for treatment of sewage.
"Industrial Was~es" shall mean the liquid wastes from
industrial processes as distinct from sanitary sewage.
"B.O.D." (denoting Biochemical Oxygen Demand) shall mean the
quantity of oxygen utilized in the biochemical oxidation of organic
matter under standard laboratory procedure in five days at 20 degrees C~
-1-
expressed in parts per million by weight.
"PH~ shall mean the logarithm of the reciprocal of the
weight of hydrogen ions in grams per liter of solution.
"Suspended Solids" shall mean solids that either float on
the surface of, or are in suspension in water, sewage, or other
liquids, and which are removable by laboratory filtering.
"Natural Outlet" shall mean any outlet into a watercourse,
pond, ditch, lake, or other body of surface or ground water
~"Watercourse" shall mean a channel in which a flow of water
occurs~ either continuously or intermittently.
"Person" shall~mean any individual~ firm, company,
society, corporation.~ or group. '~
"Shall" is mandatory; "May" ispermisslve.'
. "'City" shall mean either City of BoyntonBeach or City of
Delray Beach, as applicable.
r .~ "Constituents" shall mean the combination of particles or
conditionswhich~exist in the Industrial Wastes-. ........ ~.
"Flammable" shall be defined by existing fire regulations.
2. Use of Public Sewers.~
A. Except as hereinafter PrOvided, no person shall discharge or
cause to be discharged any of the following described waters or
wastes to Board's Regional Facility.
1. Any liquid or vapor having a temperature.higher
than 150 degrees Fahrenheit.
2. Any water or waste which may contain more than
100 parts per mitlion, by weight, of fat, oil~ or
grease, or any water or wastes containing oils,
greases, or other substances that will solidify or
become viscous at temperatures between 32 degrees to
lS0 degrees Fahrenheit.
3. Any gasoline,~ benzen-, naptha, fuel oil, motor
oil, mineral spirits, commercial solvent or other
association,
-2-
flammable or explosive liquid, solid, or gas.
4. Any water or wastes that contain more than 10.0
parts per million by weight of the following gases:
hydrogen sulphide, sulphur dioxide, or nitrous oxide.
'5~ Any ashes, cinders, sand, mud, straw, shavings,
metal, glass, rags, feathers, offal, plastics, wood,
paunch manure, hair and fleshings, entrails, lime
residues, beer or distillery slops, chemical residues,
paint or ink residues, cannery waste bulk solids, or
any other solid or viscous substance capable of
causing obs%rnction to the flow in sewers, or other
interference with the proper operation of the sewage
works.
6. Any waters or wastes having a p~ lower than 5.5
or higher, than 9.5 at any time, or having any other
corrosive property capable of causing damage or
hazard %o structures, equipment, and ~ersonn~l of the
sewage works.
7. Any waters or wastes containing toxic, poisonous,
-or~dioactive substances in concentrations such as
to constitute a hazard to humans or animals or to
interfere with any sewage treatment process, or create
any hazard in the receiving waters of ~he sewage
treatment plant.
The limits fixed herein may be used as a guide
Fixed Upper Limits
.in design and plant control,
the Board in ~he event of a
the sewage trea~nent plant.
for Constituents
1. Cadmium
but may be altered by
cummulative overload on
(Parts per Million by weight]
0.1
2 .- Chromium 0.5
3. Copper
3.0
-3-
4. Cyanide
5. Nickel
6. Silver
7. Tin
8.' Zinc
9. Phenol
10. Lead
11. Mercur~
12. Arsenic
13. Flouride
14~ Selenium
15. Barium
16~ Strontium
17. Chloride
18. H S
2
0.0
0.0
0.5
0.0
3.0
0.5
0.5
0.0
:0.01
I~,3
0.1
0.0
600
I0.0
B. Any waters containing suspended solids of such
character and quantity that unusual provision, . _
attention or expense is required to handle such
materials at the sewage treatment plant. .
9. Any noxious or malodorous gas or substance, capable
of creating a public nuisance or hazard to life or
preventing entry into sewers for their maintenance,
inspection and repair.
18. Any waters containing quantities of radium,
naturally occurring, or artificially produced radio-
isotopes in excess of presently existing or subsequently
accepted limits for drinking water as established by
the National Committee on Radiation.
11._. Any concentrated dye wastes, spent tanning
solutions, or other wastes which are highly colored,
or wastes which are of unusual volume, concentration
of solids or compositibn that may create obstruction
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to the flow in sewers, or other interference with the
proper operation and-treated effluent of the sewage works.
The admissien into the public sewers of any waters or wastes
having a five-day Biochemical Oxygen Demand in excess of 500
parts per million by weight on a 24 .hour composite basis~ or
for any sample period having a five-day BOD in excess of five
times the average influent.value for the affected sewage treat-
m~nt plant during the previous calendar year, will be subject
to review by the Board. ~'~ere necessary in the opinion of the
Board, the Contributor shall provide and operate at his own
expense, such pretreatment as may be required to reduce the
Bi~ch~mical 'Oxygen Demand to meet the above requirementso
C. The admission3into the 'public sewersof any waters or
wastes having a suspended solids content in excess of 500
parts per million by weight on a 24-hour composite basis or
having a suspended solids content for any sample period
greater than five times the average influent value recorded
at the affected sewage treatment plant during the previous
calendar year, will be subject to review by the Board. ~ere
necessary in %he opinion of the Board, pretreatment may be
req~ire~ as ~in B above.
D.. The admission into the publi~ sewers of any waters or
%~astes in volume, or with constituents, such that e×isti~g
dilution 'conditions in the sewers or at the treatment plant
would be affected to %he detriment of the regional treatment
plant, shall be subject to review and approval of the Director
of Utilities of each City. Where necessary in the opinion of
the Board~ pretrea%ment or equalizings/ units may be required
to bring constituents or volume of flow within prescribed
~acceptable levels and to hold or equalize flows such that no p~ak
flow conditions may hamper operation of any unit of the sewer
system. Said equalization or holding unit shall have a
capacity suitable to serve its intended purpose, and be
equipped with acceptable outlet control facilities to provide
flexibility inoperation and accommodate changing conditions
in the waste flow.
E. ~here preliminary treatment facilities are provided for
any waters-or-waste, they shall be maintained continuously
and/o~ use~
in satisfactory and effective operation by the owner/at his
expense
Waste discharges to the regional plant by either city
shall be limited as to chlorides as follows:
initially 1500
ppm for five years after the date of connection of the City's
system to the regional plant or until advanced waste treat-
merit is added to the regional plant,
therJafter, 600 ppm for five'years.
chlorides exceed the above standards
whichever is sooner;
In the event that the
for any 30 day period,
the monthly operating charge to-either City as provided for
in the Agreement shall be multiplied by the ratio of the
a6tual chloride concentration to the standard and the rate
produced will be monthly charge billed to the applicable
cities~- No credit will be givenfor chlorides falling below
the standards.
G. All' measurements, test and analyses of the character-
istics of wakers and wastes to which reference is made in
this Annex II shall be determined in accordance with "Standard
Methods for the Examination of Water and Sewage," and shall
be determimed upon suitable ssar~pies from the nearest down-
stream manhole in the public sewer to the pointat.which' .... =~_
the building sewer is connected.
H. Any approval by the Board of a type, kind, or capacity of
.... an installation shall not relieve a person of the responsibility
of revamping, enlarging or otherwise modifying such installation
to accomplish an intended purpose. Nor shall any fixed or
verbal agreement as to
limits of constituents or volumes of
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waters or wastes be considered as final approval.for continuing
operation. These limits will be subject to constant study and
change as considered necessary to serve their intended purpose.
I. In the event of an accidental spill or u-navoidable loss
to ~he .drains of any deleterious material, the industry
concerned shall promptly notify the Board of the nature of the
spill, the quantity and time of occurrence.
J. No statement contained in these rules and regulations-
shall be construed as preventing any special agreement between
the City and any industrial concern whereby an industrial
waste of unusual strength or character may be accepted by
the Board for trea~/nent, subject to payment therefor by
the industrial concern.
K. ~o storm water~ yard drains, roof drains, air conditioners,
or street catch-basins shall be emptied by either City into
the Regional Facility and no waste from an~ industrial or
commercial plant may be discharged by either party into any
sewer unless said waste shall first have be~n treated as . ~ .
prescribed herein.
3. -Overloading, Endangering or Impairing Efficient Operations
It is understood that both Cities will enforce the Standards
of Acceptability set forth herein. It is further agreed that no
provision of this agreement or any other previous agreemen~ shall
be construed in suc~ a manner as to allow either City, either for
itself or for the use and benefit of any person or entity to
construct and connect any sewer or sewers which will overload,
endanger or impair the efficient operation of the Regional Facility.
IN WITNESS WHEP~OF, the City of Boynton Beach and the City
of Delray Beach have entered into this Annex II to%I~%erl6cal..Agreement
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and have caused, it
to De executed by
their duly authorized officers.
CITY OF DELI{AY BEACH
A Municipal Corporation
Approved as to correctness
and form: -
CITY OF BOYNTON BEACH
A Municipal Corporation
/- ~ Mayor - ,/
Attest: ~
Approved as to correctness
and form: .
· Ciy~ M~ager t
City Attorney
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