R92-49RESOLUTION NO. R92-~Z~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
RATIFYING THE SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF FEBRUARY 25, AUTHORIZING
ACCEPTANCE OF AN INDUSTRIAL WASTE AND
PRETREATMENT AGREEMENT, WITH
MODIFICATIONS, WHICH IS ATTACHED HERETO
AS EXHIBIT "A"; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS~ the South Central Regional Wastewater
?reatment & Disposal Board at a meeting held on February 25,
1992, authorized acceptance of an Industrial Waste and
~retreatment Agreement; and
WHEREAS, The South Central Regional Wastewater
treatment & Disposal Board now requests ratification by each
2ity, of the revised Agreement, with modifications.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
DF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of
~oynton Beach, Florida, does hereby approve the action taken
Dy the South Central Regional Wastewater Treatment &
Disposal Board on February 25, 1992, authorizing acceptance
~f an Industrial Waste and Pretreatment Agreement, with
~odifications.
Section 2. This Resolution
[mmediatel~ upon passage.
shall take effect
· PASSED AND ADOPTED this ~ day of April, 1992.
CITY OF BOYNTON BEACH, FLORIDA
~fayo~
ATTEST:
(c0r6~r~te Seal)
$CkW~ ~ RES
3/23/92
C omni s s i~r
INDUSTRIAL~ I ~WAS~ ,~ AND PR"-~'k~ATM~T AGREEMENT
THIS INDUSTRIAL ~%STE AND PRETREATM~T ~ is entered into
by and between the SOUTH CENTRAL REGIONAL ~ST~WA'~'~ TREATMENT AND DISPOSAL
BOARD, an entity created by Interlocal Agreement pursuant to Florida Statu=e$
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).
WI TNES SETH :
WHEP~AS, it is a requzrement of the POTWto comply with all
applicable State and Federal la.w? requiredby the Clean Water Act of 1977 and
the General Pretreatment Regulations 40 CFR, Part 403; and
W~S, by the terms of that certain Interlocal A~re~ment date~
December 26, 1974, between theCITIES, the POTWwa$ created ano ~ne CITIES
became the s01e, direct customers of the POTW; and
WHEP~AS, by the terms of the above referred to ~nterl?~al
Agreement, the CITIES, as the Sole customers of the POTW, t/~en sell wastewater
treatment an~ disposal services directly to users as w~ll as industrial users;
WHEREAS, in order to comply with the provisions of the above
referred to Clean WaterAct as w~ll as State and Federal law, the parties
hereto are ~esirous of entering into this A~re-,~nt setting forth the terms
and conditions upo~ which the C~T~ES may_ discharge waetewater efflue~ t~ the
of this Agreement~ the. CITIES, as
granted here~, agree toadopt an ~ndustrlal wast? anopretreatment oro~nancs
with terms, ~onditions~and provisions no less stringent than the terms set
forth in th~s Agreement for the regulation of the issuance and compliance with
discharge permits to the CITIES' users and industrial users.
NOW, T~EREFORE, in consideration of the mutual covenants and
promises he~ein contained, the adequacy of which is hereby acknowledged, the
parties hereby agree as follows:
1, Purpose
The purpose of this Agreement is to regulate industrial waste
pretreatment facilities and discharge of industrial waste into the Publicly
Operated Treatment Works (PO%W) operated by the South Central Regional
Wastewater Treatment and Disposal Board and providing for pollutant
limitations, data collection, monitoring, and sam?ling, 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 re~ulting 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 W~iI 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 and disposal of all
treatment facilities,
beginning at t .~oint source. The terms of this Agreement shall be
by the CITIES respectively to regulate
of the sewer collector
, of Delray Beach
and any other portion controlled or operated therein.
The
ensure the general
the provisions of this Agreement will be
provisions of Federal
Administrative c~de
theFlorida Department of
The-standards set forth are minimum requirements to
and welfare of the public.
3. ADDlicabili~ytoAll.Users
shall applyto all users of the sewer
or outside the city, including all other
not limited to, the Town of Highland Beach, the
Town or unincorporated
government users shall
be days after enactment of this Agreement and
to this Agreement
all users~of their public and sanitary
sewer
4. Definitions
As used.~n this Agreement, all definitions shall be applied and
interpreted 1~ accordance with 40 CFR 403, as amended.
"Act~,TheAct". The Federal Water ~ol{ution Control Act, also known
as the~eanwate-~-A%-~ of 1977, as amended, 33 U.S.C. 1251, et seq.
~'Authori:zed. Representative of Industrial User". An authorized
representative of an industrial user which maybe a principal executive
~u'u. 26
2
officer of at least the level of vice-president, if the industrial user is a
corporation, a general partner or proprietor, if the industrial user is a
partnership or proprietorship, respectively, or a duly authorized
representative of the individual designated above, if that representative ~s
for the of the facilities from which the
Board,
and all it~
and Disposal
ilities,
South Central Regional
util:
lab~r~
liter.
oxygen
standard
of a user
or
equ
Beach;
the
to
service,
the
city
to
40 CFR 136.
the City of Delray
of the
construct,
as follows:
area located in
consent to
city or co% ~
sewer ~ _ _
consent to
operated by the
in the
suspended
3
solids, pH, and fecal
in the NPDES
treat those
substantial degree.
in
additional pollutants identified
- works was designed to
, does remove the pollutant to a
"Composite Sample". A series of samples taken over a specific 24-hour
time PeriOd at integrals not to exceed, fiftee}% (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 discha[ge times only.
"Coolin~ Water". The water discharged from any use such as air
conditioning, cooling, or refrigeration, or to which the only pollutant added
is heat.
"DirectDischar~e". The discharge of treated or untreated wastewater
directly to the waters of the state.
"Director of Public utilities, Utilities Director, or Di=ector". This
refers to the individual in charge of the Public Utilities Department in
either City or his/her specific designee.
"~". Means disposal of, deposit, place, e~..'t, unload, release or
cause or allow.to be disposed of, deposited, placed, emitted, unloaded, or
released.
"Domestic Wastewater". Wastewater derived principplly from dwellings,
con~ercial buildings, institutions, and industry resulting from household or
toilet waste resulting from human occupancy. It may or may not contain ground
water, surface water, or stormwater.
"Environmental Protection A~ency" or "EPA". The U.S. Environmental
Protection Agen~y, or where appropriate the--~rmmay a%so be used as a
designation for ~he 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 Disposa% Board. The Executive Directoris the authorized
achninistration authority of the South Central Regional Wastewater Treatment
and Disposal Board.
,~".. The animal and vegetable waste resulting from the handling,
preparation, cooking, and serving of foods.
"Grab $~le". A sample which is taken from a waste steam on a one-time
basis with no regard to the flow in the waste stream and without consideration
of time.
4
"Grantee". 'Recipient of a federal grant for all or a portion of a
treatment~--~s as administered by the Environmental Protection Agency.
the
Tank Waste".
Any waste from holding tanks such as vessels,
septic. ~.anks'. . andvacuum~pump~ tank trucks.
nondomestic
ofthe Act,
into
"Industrial'- or Commercial industrial,
commercia~l, Or in~titutiona~ ~Process~s as
sewage.
Industrial and Commercial waste D~scharge Permit ~. A permit ~ssued to
control the process flows from industry, commerce, or inst=tutions that may be
ion
the
of
individual
~ .I¥~ustr~al Cost Recovery .
~nd~/st~xally classified users of
allocable to the treatment of wastes from those users.
from ~e
amount
erI,
, Classified Us .
as dlstinct~from
primarily domestic or resulting from human occupancy.
:ial user whose
ial p
'~Industrial User'. A.source of.indirect discharge.~a~d discharge of
industrial and commercial 'wastewhichdoes not constitute ~ 'discharge of
pollutants under~regulations issued pursuant to Sectio~ 402 'of the Act.
U.S.C. 1342).
(33
"Interference"i The inhibition 'or disrupti?n of.the POTW treatment ~
processes Or.operati0nswhich contri~tes to a Violation~f any requiremen~ If
~heNPDESpermi~t.orreduces the efficiency of.the POTW. The term also I
includes preVention of sewage sludge use or disposal' by the POTW. ~:~
"Milligrams Per Liter (m~/1)". The D,m~her of unitsofminor constituents
present with e~ch one mill~onunits of the ma$or cohstiltuent of a solution of
mixture. Milll~r~m~ Per Litek" shall be conslde~ed ~iva~ent to parts per
million.
"Monitorin~ Costs". Those costs incurred by the City in performing
monitoring and/or sampling as prescribed by 40 CFR 403.
5
"National Cate~or~¢al~Pretreatment Standard". Any federal regulation
containing pollutant, discharge limits promulgated by the EPA which applies to
a specific category of industrial users.
"National .PQllutantDischa~e Elimination System" or ."NPDES Permit". A
permit issuedpursuant toSection 402 of theAct (33 U.S.C. 1342).
"Nationals. Prohibitive Discharge Standard'~ or ."Prohibitive Discharge
Standard". ~Any regulation developed under the authority, of 307(b) of the Act
~--4-0--~FR, Section 403.5
"Natural Ou~tlet". Any ditch, canal, stream, waterway, lake, river, pond,
well, gully, or~therwater 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 kct, and which~ conforms to 40 CFR 403(k).
a pollutant from the POTWwhen such
the POTW'sNPDES permit, or
a or or increases the
magnitude or du.ration of any violation and which is the result of a user's
dischargeof the pollutant either alone or in conjunction with other user's
discharges of the~pollutant into the POTW. A user contributes to pass through
~nen th~User:
(1) Discharges a pollutant concentration or a daily pollutant
loading in excess of that allowed byCityor parm/t or by Federal or State law;
(2) Discharges wastewater which substantially differs in nature and
constituents from the user's normal average discharge;
(2)
~ discharge, alone or in
other users, would result in pass through; or
(4) Know~ or has reasogto know th?t the POTW is, for any reason,
violating.its final effluent !~m~.tatlons !n 1ts NPDES permit and that such
user'sdi$cb~geeithe~ a%one 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,
corporat-~i-6~,, 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,
sewageS, sewage sludge, munitions, chemical wastes, biological
materials, radioactive materials, heat, wrecked or discharged equiument, rock,
sand, cellar dirt, and industrial, municipal, and agricultural waste
discharged into water.
~£h.26
6
"Pollution".
physica-l~-b-I~l-ogical,
"Pretreatment".
~limi
d]
CFR Section 403.6(d).
The man-made or man-induced alteration of the chemical,
and radiological integrity of water.
The reduction of the amount of pollutants, the
pollutant
i of
The
biological
p~ohibited by 40
requi remen~
will
sewers, with no
dimension.
Beach (PO~4).
cooking,
all particles
public
in.any
properties have
Centr~.l~]
~stewater
by the South
which those
"Sanitary Sewage".
occupancy.
life of--~
~rformance f
The householdand toilet wastes resulting from human
"Sanitary Sewer". A sewer which Carries sewage and to which storm,
surface, and groundwater are not intentionally admitted.
"Sewage". A combination of the water ca{riedwastes from residences,
business-~6~'fldings, institutions, and industrial establishments, together with
ground, surface, and stormwaters as maybe present.
FTL.26
· "Sewage Works". All facilities for collecting, pumping, treating, and
disposing of w~stewater including hha 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 w~o: has a discharge flow of 25,000 gallons or more per
average 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 .s.tatutes; or is judged by the .~P~iW., city,
state,.or U~SI. .~vironmen~al, P~o~ect~on Agency (EPA) ~ t~o have sigr~ficant
impact~ ~either~ .singly or in.~ combination ~th other .contributing industries, on
the w~stew~ter treatment system, the quality of sludge, the system's effluent
quality, or air emissions generated by the system.
,Significant Non, Compliance". Means that ~iolations of this Agreement by
a user ~subjact to pretreatment standards meet one o~ more of the following
criteria:
(l) Chr~onic 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 (~RC) Violation: 33% or more of all
measurements tak ~e~l~ for the same pollutant during a six-month period equaled or
exceeded ithe 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 p}{.
(3) An effluent violation caused interference or pass through or
eD~mngered the hea~th ~of City or POTW personnel or the general public;
(4) A discharge caused imminent endangerment to human health,
welfare or to the :environment and resulted in ~ exercising its
emergency authority under Section 30 of this
(5) Failure to meet a compliance schedule milestone date within
ninety (90) days o~ more after the scheduled date;
(6~ F~ilure to submit a required report within thirty (30) days of
its due date;
(7) Failure to accurately report non-cnmpliance; or
(8) A~y 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.
8
"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
acc%/rately report non-compliance; or which resulted in the POTW exercising its
emergency authority under Section 403.8 (F)(1)(vi)(B) of the Act.
or industrial waste which in
5 for any
times
. ~Classif~cation pursuant
offic~
and
~,,but excludes
co~merclal waste.
during or following any form of natural
~herefromi~
The
by the POTW to~ supervise the
is charged with
thi~ Agreement, or hi'Z. duly authorized
repre~ehtat~ve.
.~to & use~ for tr~a~.ment of
in excess ~f~pecified maximum
allowable limits.
Solids that a=e in .suspension in water, sewage, or
removable by laboratory filtering.
des~
(
=.combinationof pollutants listed
Environmental
under the provision of ~ 307(a) or other acts.
facilities
and is operated by the South
[.Board.
,Treatment Works", The wastewater treatment plant, interceptors, force
mains~ t~f~:~s~i~ns,:'and collection system~.
,User", Any person who contributes, causes, or permits the contribution
of waSt-~ter fn~o the POTW.
~TL.26
"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, co~erciat buildings, industrial~facilities, and institutions,
whether treated or untreated, which is contributed into or permitted to enter
the POTW.
"WasteWater TreatmentPlant". Any arrangementof devices and structures
uses for tre&tingwaStewater, such as the
"Watercourse". A channel in which a flow of water occurs, either
continuously or intermittently.
5. ~om~lianc~with Provisions Or More Strin~entRe~ulations
be as outlined in
this standards are promulgated by law, then the
more shall supersede and be considered a part of this
Ag
6. Dis~x)Saliof Sewage Other Than Through Re~ional~Facilities
(A) The disposal of sewage by mean~ other than use of the available
regional wastewater facilities shall be in accordance with city, county,
state, and/~ederal law.
(B) The.disposal of sewage to the POTW shall be as outlined in this
Agreement an~.shall be.subject to standards wh}ch meet or exceed the CITIES'
industrial andCommercial waste ordinance requirements as they shall exist
from time-to-%ime~ and shall also be subject to the provisions of the
Interlocat ~eement dated December 26, 1974 between the Cities creating the
PO~W.
7. Right To RefuseWaste U~on 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.
8. 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.
FTL.26
10
9. Permit Required For Use Of Public Sewer
No unauthorized person shall be permitted to uncover, make any
connections with or opening into, use, alter, or disturb any public sewer or
written or, permission
to do individually, whose
10.
to
Wastes~ Dischar~ed~Into Sanitary Sewers To Meet Crite=ia
regulatio--
which in tur
(A) No
any stormwater,
uncontaminated
.sanitary sewer.
(B?~ discharged to
a natural
. cooling
water the
utilities Director to
(C)~ , of the
following or
not limited to, gasoline,
(2)~ Any water or wa~
~olids, %iquidS, ~or gases
lntera~t,zol{withotherwestes
treatment process, constitute
nuisance, or create any
treatment plant.
.or gas, including but
L toxic or poisonous or pathogenlc
orby
any westewater
create a public
(3) Solid or viscous substances in quantitie? or of a size
of causing obstruction to the flow in sewers, or other znterference with t~
proper operation of the sewagelworks such as, but not limited to, ashes,
cinders, sand, mud, straw, shavings,~ metal, glass, rags, feather~, tar,
plastics, wood, ungroundgarbage, whole blood, paunch manure, hazr and
fleshings, entrails, paper dishes, cups, milk containers, and the like, either
whole or ground by garbage grinders.
(D) No person shall discharge or cause to be discharged, the below
described materials, waters, or wastes (collectively, the substances) if it
FTL. 26
ll
appears likely that acceptance of those wastes can harm the wastewater
treatment process or equipment, the public sewers, the sanitary sewer ~ystems,
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 flow~ 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:
(1) Any liquid having a temperature higher than 150°F or causing
the wastewater treatment plant influent to exceed 104~F.
(2) Any water or waste containing fats, wax;grease, or oils,
whether emuls.ified or not, in excess of 100 milligrams per liter or containing
· OF
substances which may solidify or become viscous at t~e~peratures between 32 .
and 150°F. (O°C and 60~C)
(3) Any waters or.wastes containing strong acid, iron, pickling
wastes, or concentrated plating solutions whether neutralized or not.
(4) Any wat.ers or wastes containing .pheno.ls ~or other taste or odor
producing substances, in a concentration exceeding limits which may be
established by the POTW as necessary after trear-ment of the composite sewage
to meet the requirements of the state, federal, or other public agencies of
jurisdiction for that discharge to the receiving waters.
(5) Any garbage that .has not been properly shre.dded, which shall
mean the wastes from the preparation, cooki.n.g,, and dispensing of food that
have been shredded to a degree that all particles, wil]~ be carried freely under
the flow conditions normally prevailing in public sewers, with no particle
size greater than 1/2-inch of any dimension.
(6) Any water or wastes having a pH lower than 5.5 or higher than
9.5 or having any other corrosive property capable of causing damage or hazard
to structure, equipment, or personnel or any waste treatment works.
(7) Any waste containing toxic substances ~n~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 weste treatment facilities
and exceed the state and federal requirements for receiving waters:
Par~m-ter Limit
Metals
Antimony 2 rog/1
Arsenic 0.9 mg/1
Cadmium 0.5 rog/1
12
Parameter
Metals (continued)
CopEer
Iron
Lead ~
Mercury
Nickel
Selenium
Silver
Limit
0.5 mg/t
3 rog/1
2 mg/1
5 rog/1
0~9 rog/1
0.01 rog/1
0.7 rog/1
0~25 mg/1
1 rog/1
A~onia
Cyanide Amenable to Chlorination
F~o~de~ ~
50 mg/l (Surcharge)
600 mg/1
1 mg/1
0.5 mg/1
50 rog/1
5.5 - 9.5 Standard Units
Organics
Grease
Petroleum Hydrocarbons
Phenol
Phenolic Compounds, Total
Toxic Organic Compounds, Total
Physical
TSS
Particle Size
Radioactive Elements
220 mg/1 (Surcharge)
440 mg/1 (Surcharge)
100 mg/1
25
5 mg/1
0.5 mg/1
5 mg/1, No one Parameter
over 1 mg/1
175 mg/1 (Surcharge) *
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 corm~ercial users where the chloride content exceeds
600 milligr~m~ per liter.
(9) Any weter or waste containing suspended solids or color of a
character and quantity that unusual attention or expense is required to handle
FTL.26
13
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..
(1t] 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 store 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.
(%5) Any waters or wastes containing, substances which are not
amenable to treatment or :reduction :by the ~aste~ater treatment processes
~enable t treatment only to that degree that the,wastewater
.'-fl~ent ca not ~maet .the reqUi=ement of other agencies having
discharge to the receiving waters.
with
in excess of
and provided
city's high
wastes with a five-day, 20° C. B.O.Di greater
than 22( r liter unless the use= is approved by the city and
;the user. complies withthe requirements of the city's
system.
(18) Any waters orwastes co~,taining chemical oxygen demand (COD)
greater tha~.440~.unless the user ~s app~bythe City and provided
further that the U~er cOmplies With the requirements ofthe 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 mg./l, withno one parameter over 1.0m g/1.
(E) If any waters o= wastes are discharged, or are proposed to be
discharged to the public sewers, whichwaters:conta~n thesubstance? o
possess the characteristics enumerated in subsection D of this section, and
FTL.26
14
which, in the judgment 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:
to the
treating
(1) Reject the wastes.
(3)
in the strength charge system.
the
an acceptablecondition for discharge
the quantities and rates of discharge.
of handling and
fees or sewer charges as contai~
of waste flo~,
be' subject to
other
when, in the
handling
so
are
in
Ail
and shall be
inspection.
ities and/or
or grit traps
continuously
covers. The
Codes of
with
11.
users of the public
following:
(A) The 'of the combined treatment of industrial
and commercial However, not all
types and~ stes can be so treated.
It shall be the po%icy to admit the type~ and qyantities of industrial and
co~maercial wastes that arenot harmful or damaging to the strUctures,
15
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 ~equired for .the.admission of
industrial or co~rcial wastes lnto .the public sewers having.
Afive-day, 20e C. B.O.D. greater tha~ 220 milligrams per
OXygen demand (COD) greater than 440 milligrams per liter.
(2) Asuspended solids content greater than 175milligrams per
liter.
to a
(3)' ~nia nitrogen greater than 50 m~ll~grams per~ lite .
The ge according
the POTW and continued discharge shall be
(c)
the
sanitary
the
136.
othe
all
establi
at all
the
Ordinances.
be collected sO as to be a re~resgntative sample of
$~les for ~ly$ismay be collected by
Analysis shall .b~..mad~ 'by a registered
qualifidations are acceptable to
in
using the
s~t forth in 40 CFR
utilities Director, ~ establishment
~rcial wastes int.o-the~ s~~ system shall
at its sole expense a suitab%~e ~o~rol manhole or
~tati0n downstream from any ~e~t, storage, or
and sampling of
The location
by the
so as to be safe and accessible at all tim~s~ i-f any
to meter its waste system to
water retention or other uses they may, at
by the
city personnel
.=es shall be
ies for
and testing in
this Agreement ~ City
16
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 ~
-pretrea~t standards-within t , the federal
users with
limits as
set a level
at
shall
Affected
14.
the
under this
the
part of this
all
CFR 403.12.
more
dispo~l
in this
users from
dilute s
to
Categorical
other
FTL.26
17
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 othersubstances required~by this Agreement. Facilities to
prev.e~.~ accidental discharge 0f prohibited materials shall be provided and
~ain~ined at the°Wner's eXpense.
srequires~ but is not limited to,
storage of p6tentiallyhazardous .a~.9/or
inment requirements arethose now specified in,
but not limited to, 40 CFR 264.170 through 176. Containment requirements must
meet or exceed the following cfi%eiSa of this Agreement:
largest.
No
one item or
~ is the
shall
no
40,000 gallons.
iix (6) items at 6~000
sheltered
be provided.
~iners shall
signs of
All stored
are
out'
raised
the
and
Materials which
the same
trier separa~ons are provided within the
Ab~so~bents and pumps for pumping
base of the
either be sloped or
minimize contact between
The walls, sidings,
of materials
render the
~u'b. 26
18
(C) On the request of the POTW Board, the City shall require the user to
submit to the City for review detailed plans sho.w, ing facilities and operating
procedures to provide this protection. All requlred users shall complete this
pla~ within ninety (90) days the city. If further
pollutants ~ been
~ to
17-
18.
the
to ¢
the CITIES
ty a written
; to be taken to
the
be i~curred as
r S~w~r
noF
or
cable law.
on
of whom
all employers
to occur
19.
3001
all
~'Director of the
and the State
the City Sewer
under Section
a description
:ation of such
or other), identifying
19
the hazardous constituents contained in the listed wastes, and estimating the
volu~e of hazardous wastes expected to'be discharged during the following
twelve 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 genera{e, no more 'than 100 kil6gr~m.~ Of haZard6us waste.s, .t?.less the
wastes are ~cu~e hazardous wastes which r~equires a one-time n0tlflcatlon.
subsequent months during which the industrial user generates more than one
hundred kilograms of hazardous waste do not ~.requ~r~e ad,~ditional notification,
except for the acute hazardous wastes specified in.40 CFR 261.5(e), (f), (g),
and (j).
except
I of RCRA
o.r listing any
user must notify the
90 days of the
in paragraph (2)
(D
~ notification made
this'section, the
to reduce the
to be
present and
20. Cpmp!iance Date Report
Within ninety ~90) days following the date for final compliance with
or, k new source, following
into:the public/sanitary sewer
a monitoring report
discharge
from and
units in
the or
if not,
what compliance
with. statement
user and
21.
f June and
or by
FTL.26
2O
the POTW, a report indicating the nature and concentration of pollutants in
the effluent whi.ch are li.mited by those pretreatment standards or this
chapter. In addition, this repor~ shall include a ~ecord of all daily flows
which, during the reporting period, exceeded the average daily flow reported
POTW and i.n
in ~ates/ holidays,
~3 ~ths during
22..~oni~6rin~. Facilities
~A)
al~t at the use ~
and flow
The
but
on
· or
or
or
maintained
the
and
% of
written
the facilities
is being met
of
or its
of the
POTWt S~ ,e
before entry
~with their
enter,
responsibilities.
e"£'L. 26
21
24. 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.avai%able to the public or ~ther governmental agency in accordance
with applicable state statutes or federal law.
25. Special Permit Required; Term
A special permit will be required by the POT9; for each City. The fixed
life of ~permi~ is set for o97 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 wasteswhichexceedthe
set forth herein and also require
which exceed the
.IJ~ order to
of a permit
prog
26. Application For Permits
The CITI~ agree to administer a waste discharge permit program for all
their industrial users as follow~:
for a waste discharge permit shall be of a form
(B)..Thisapplicationwill define all of the pertinent data concerning
the acCeptanCe of i~dustrial an~comme~c~al waste ftOwSand wi!1 provide the
basis for th~issuing'of a permit certificate specifying 'l~tation? on what
the ~ser may discharge. The permittee may petition specific conditIons of the
permit for aperiodof thirty (~0) calendar days following the date of
iss~e~.: After thi$~period, the permittee waives all rightto petition the
conditions Of. the permit.
five
in Order to ~
shall be effective for ape~iod Of no more than
issuance and must be renewed ~nnUallyby the applicant
discharge.
~t as e
Costs
be accompanied bya
as a permit fee plus
403.
Permit Form. The
form of specified by
each by the each City of
the % rt t to discharge.
or additional limitations on waste Characteristics not
FTL.26
22
adequately described in this agreement~ or may prescribe pretreatment quality,
requirements for the waste flow in detail.
(E)
Administration of Permits.
Ge administration 0f the industrial and~'~ommercial waste
of the surcharge formula impo~
must also
to each
necessar~
27. Application Of Surcharge-Over Standard UseFee
(~)' The surcharge to be
applied from any lot
or or activity,
higher than
herein.
indollars
system.
the formulas
recovery
the waste creates an additional burden
are
quantity of
~ o~ifthose adjustments
of
Protection Agency.
28. Responsibility For Treatment AhdDis~osal
and disposal of all
waste regional treatment facilities,
beginning
29. Right,To Enter Premises And Obtain Information Concerning Discharges
official and
-,~!oyees of the City or
FTL.26
23
credentials and identification shall be permitted to enter all properties for
the purposes of inspection, observations, measurement, sampling, and testing
in a~cordan.ce with the provisions of this Agreement. The official or his
representatives will not inquire into any processes including metallurgical,
~ve~Cal, _.oil, r.e~iz%~T~g, cern_c: _paper, or other industries beyond that point
av~ng a. d~rect ~.b?.ar~ng. Qn the kind and source of discharge to the sewers or
waterways or facilities for waste treatment.
(B) To the .extent permitted by gen.eral law, the proper official and
other duly authorized employees of the c~ty o~ the PO~ b~aringTproper
L shall be permitted to enter all private
holds an eas-m-nt for of, but
not measurement, repair, and
tha~t easement.
30.
The C : each City may
other local
City, in
or may present
an or welfare of persons or
the 1K]TW to violate
any of
anyo ~.
of a suspension of
the , st~p or eliminate the
cont cause the user to
shall take steps as
sewer connection, to
to any
service upon
p: written
shall be
31.
Notification Of, ~Tiolations
any ci~ty has is violating any of
Or any of
by the City
a written notice
Within thirty (30) days of the receipt
shall be
_- 24
FTL. 26
32. False Statements,,gf Documents Proh'ibited
NO pc=mort mb&il knowingly make , faleestatements, repre~,ntation, or
ceztification in '~, plan, or other doc~nt filed
under the provisions of(tl~--l(..
the u~er
i~ate the
shall
of
timO~ (the strict ~ule~ o~ evidence
lnclu~in~
~ the Executive
to be
available to any
the u~ual
(p) ~t. er
CITIE~
rur~her
reviewed the -'-
for ~he
day time perio4 to
may be
25
maintenance of the wastewater treatment works due to the violation of this
Agreement.
(F) Any action by the Executive Director or his designee may be appealed
to the POTW Board.
requesting
a Show
shall he bom biz the user
34. Legal Action A~ainst User For Appropriate Relief
~rel
wastes into
of this
Order of the
prevent such a
an action against the city within
occurring, ~for appropriate legal
~court which has
35. Retention Of Records Required
The CITIES shall adopt ordinances which-require all users to retain and
preserve~or no~ less than:three (3) years, ~anyrecord$, books, documents,
memoranda,.r~POrts,-correspondence, and any and all summaries thereto,
relating to m~nitoring, s~m?ling, and chemical analyses made by or on behalf
of a user in¢onnectionwith its discharge. Ail records which pertain to
matters whicharethe subject o~ edm~nistra~tive adjustment or any other
enforcement ur litigation activities brought by the ~ or the City pursuant
hereto shall'be retained and preserved by the user until all enforcement
activities h~ve concluded.enid all periods of limitation with respect to any
and all appeals have expired.
36. Enforcement Plan
The CITIES shall adopt ordinances providing for an escalating enforcement
strateg!zlto.be.u~ed'by the CITIES to maintain compliance with this Agreement.
Th? ya~ious.~ of enforcement actions ~hall be used as determined by the
ut~lities Director depending on t~.? severity of the violation. A copy of the
enforcement plan wili be kept on f~le at the POTW.
37. Penalties
~ ~ITIES 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 cor~ply
FTL.26
26
with any orders, rules, and regulations issued by the City pursuant to this
Agreement, shall be penalized up to $1,000 per day for each offense. Each day
on which a violation shall occur or continue shall be deemed a separate and
distinct offense. In addition to the penalties provided herein, each City may
to the extent law, recover reasonable
lhe
(B)
limit
and on
$5,000 ~
be dee~)
as
cause a
)rmed on said
such times
of~each Gity.,s~influent line to the
to exist
~hall be
whe re:
PC
¢
s.
S
Pretreatment MonitOring Charge. per City.
sn-~ling Activity Cost.
~,-her of samples.
Analysis Cost.
~-.her of Analysis.
FTL.26
27
IN WITNESS W/=2~EOF, the par%ies hereto have executed this Industrial
Waste and Pretreatment Agreement this __ day of , 199
SOUTH CENTRAL REGIONAL ~ASTEWATER
TREATMENT AND DISPOSAL BOARD
Err~ST:
C_hai rman
Secretary
CITY OF BOYNTON BEACH
A%T=ST:
Mayor
City Clerk
A'rr=ST:
city~ Clerk - ~ - '
Alison MacGreEor }{arty
CITY OF DELRAY BEACH
~ ~Mayor
Thoma~ E. Lynch
-- 28
~u'~.26
The above action is hereby ratified in open session by the City of
Boynton Beach this day of , 199
Witnesses:
CiTY OF BOYNT~N BEACH
(SEAL)
Mayor
Attest:
City clerk
Approved as to form:
City Manager
City Attorney
The above action is here,by ratified in open session by the City of
Delray Beach this If day of ~ , 19~,~w.
(SEAL)
CITY OF DELRAY BEACH
~'l~;15r~Th~omas E. Lynch
City Cle~rk ~-
Alison MacGregor Harry
App;~7~j as~to ~or~:%
City Attorney
29
IN WITNESS WHEREOF. the parties hereto have executed this Industrial
Waste and Pretreatment Agreement this __ day of . 199
SOUTH CENTRAL REGIONAL ~qASTEW~i~
TREATMENT AND DISPOSAL BOARD
Chairman
Secretary
CITY OF BOYNTON BEACH
Er,',:ST:
//City Clerk
By:
Mayor
A'ri'~ST:
Citlw Clerk- - ~- ' '
Alison MacGregor Harry
CITY OF DELRAY BEACH