R92-22RESOLUTION NO. R92-~
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 JANUARY 15, 1992, AUTHORIZING
ACCEPTANCE OF A REVISED 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
Treatment & Disposal Board at a meeting held on January 15,
1992, authorized acceptance of a revised Industrial Waste
and Pretreatment Agreement; and
WHEREAS, The South Central Regional Wastewater
~reatment & Disposal Board now requests ratification by each
City, of the revised Agreement, with modifications.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of
Boynton Beach, Florida, does hereby approve the action taken
by the South Central Regional Wastewater Treatment &
DisPosal Board on January 15, 1992, authorizing acceptance
of a reuised Industrial Waste and Pretreatment Agreement,
with modifications.
Section 2. This Resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED this ~ day of February, 1992.
CITY OF BOYNTON BEACH, FLORIDA
/
ssioner /
ATTEST:
(Co~Dora~c-e Seal)
SCB~T. RES
1/29 jaR2
Cc
INDUSTRIAL ~ASTE AND PR~rK~ATMENT AGReEMenT
THIS INDUSTRIAL ~TE AND PR~xKEATMENT AGREEMENT is entered into
by and between the SOUTH CENTRAL BEGIONAL ~/ASTE~i'~ TREATMENT AND DISPOSAL
BOARD, an entity created by InterlocaI Agreement pursuant to Florida Statutes
Section 163.01 [hereinafter referred to as POTW), the CITY OF BOYNTON B~ACH,
FLORIDA, a municipal corporation, and the CITY OF DEL~AY BEACH, FLORIDA, a
municipal corporation (both of which are collectively referred to herein as
the CITIES ).
WI TNESSETH :
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
WHERFAS, by the terms of that certain Interlocal Agreement dated
December 26, 1974, between the CITIES, the Pf~/W was created and the CITIES
became the sole, direct custom, rs of the POTW; and
WHEREAS, by the terms of the above referred to Interlocal
Agreement, the CITIES, as the sole cuetomers of the POTW, then sell wastewater
treatment and disposal services directly to users as well as industrial users;
and
W~EREAS, in order to comply with the provisions of the above
referred to Clean Water Act as well as State and Federal law, the parti%s
hereto are desirous of entering into this Agre-m~nt 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 a 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 se5
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 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 (POTW) operated by the South Central Regional
Wastewater Treatment and Disposal Board and providing for pollutant
limitations, data collection, monitoring, and sampling, and providing for
penalties for the violation thereof for the following purposes:
FTL.26
(A) To prevent the introduction of pollutants into the CITIES wa$~ewater
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 P(YS{, 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 City of Delray Beach
and any other portion controlled or operated therein.
The policy is established that the provisions of this Agreemen~ 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, 17-600, 17-604, and 17-6t0 issued by the Florida Departa~_nt of
EnviroD. mental Requlation. The standards set forth are minimum requirements ~o
ensure the general health and welfare of the public.
3. A~plicability 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 Gulf Stream and contributions from incorporated or unincorporated
agencies of Palm Beach COUnty. Furthermore, all local government users shall
be required, within sixty (60) days after enactment of this Agreement and
notice thereof, to enact ordinances substantially similar to this Agreement
and to applyand enforce the same to all users of their public and sanitary
sewer systems.
4. 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 the--~IeanWater 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
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 is
responsible for the overall operation of the facilities from which the
indirect discharge originates.
"Board". The South Center Regional Wastewater Treatment and Disposal
Board, 1--~uding, 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 20~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 5o
oxidation by a strong chemical oxidant using procedures listed in 40 C~7~ 136.
"City" or "Cities". The City of Boynton Beach and/or the City of Delray
Beach;a-~I~ that land and water area included within the boundaries of the
"City" in which the Co~mission proposes to acquire, establish, construct,
extend, operate, and maintain sanitary 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 consen~ to
the provisions of this Agreement.
(2) Ail 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.
"Co~tible Pollutant". A substance amenable to treatment in the
wastewater treatment plant such as biochemical oxygen demand, suspended
FTL.26
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 ~o 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 w~ste
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.
"Coolin~ Water". The w~ter 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 w~stewater
directly to the w~ters of the state.
"Director of'Public utilities, Utilities Director, or Director". Thi~
refers to tne individual in charge of the Public Utilities Deparrment in
either City or his/her specific designee.
"~". Means disposal of, deposit, place, emit, unload, release or
cause or allow to be disposed of, deposited, placed, emitted, unloaded, or
released.
"Domestic Wastewater". Wastew~ter derived principally from dwelli.ngs,
comercial buildings, institutions, and industry resulting from household or
toilet w~ste resulting from human occupancy. It may or may not contain ground
w~ter, surface water, or stormw~ter.
"~nvironmental Protection Agency" or "EPA". The U.S. Environmental
Protection Agency, or where appropriate the term may also be used as a
designation for the A~lministrator or other duly authorized official of that
agency.
"~xecutive Director". The administrative director or his authorized
deputy, agent or representative of the South Central Regional Wastewater
Treatment and Disposal Board. The Executive Director is the authorized
administration authority of the South Central Regional Wastew~ter 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 steam on a one-time
basis with no regard to the flow in the waste s~ream and without consideration
of time.
FTL. 26
4
"Grantee". Recipient of a federal grant for all or a portion of a
treatment~-----~s as administered by the Environmental Protection Agency.
"Holdin~Tankwaste". Any waste from holding tanks such as vessels,
chemical toilets, campers, trailers, septic tanks, and vacuum, pump tank trucks.
"Indirect Discharge". The discharge or the introduction of nondomestic
pollutants from any source regulated under Section 307(b) or (c) of the Act,
(33 U.S.C. 1317), into the PO~W (including holding tank waste discharged into
the system).
"Industrial or Commercial Waste". The liquid wastes from industrial,
co~m~ercial, or institutional processes as distinct from domestic or sanitary
sewage.
"Industrial and Commercial Waste Discharge Permit". A permit issued %o
control the process flows from industry, comerce, 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 wastes from those users.
"Industrially Classified User". An industrial or commercial user~Wnose
liquid wastes are, in part, made up of flows related to industrial prdcesse$,
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 conm~ercial waste which does not constitute a discharge of
pollutants under regulations issued pursuant to Section 402 of the Act.
U.S.C. 1342).
(33
"Interference". The inhibition or disruption of the PO~W treatment
processes or operations which contributes to a violation of any requirement of
the NPDES permit or reduces the efficiency of the PO~4. The term also
includes prevention of sewage sludge use or disposal by the POTW.
"Milligrams Per Liter (m~/1)". 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 ~o parts per
million.
· "Monitoring Costs"~ Those costs incurred by the City in performing
monitoring and/or sampling as prescribed by 40 CFR 403.
5
"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 ~limination System" or "NTDES 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
~FR, Section 403.5
"Natural O~tlet". Any ditch, canal, stream, waterway, lake, river, pond,
well, gully, or other water body.
"New Source". Any source, the construction of which is comenced 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 POTWwhen such
discharge causes a violation of any requirement of the POTW's NPDES permit, or
a violation of a State or Federal water quality standard or increases the
magnitude or duration of any violation and which is the result of a user's
discharge of the pollutant either alone or in conjunction with other user's
discharges of the pollutant into the POTW. A user contributes ~o pass through
when the user:
(1) Discharges a pollutant concentration or a daily pollutan~
loading in excess of that allowed by City or permit or by Federal or State law;
(2) Discharges wastewater which substantially differs in nature and
constituents from the user's normal average discharge;
(3) Knows or has reason to know that its discharge, alone or in
conjunction with discharges from other users, would result in pass through; or
(4) Knows or has reason to know that the 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,
corporal, 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, gar--~[ge, sewage sludge, munitions, chemical wastes, biological
materials, radioactive materials, heat, wrecked or discharged equipment,
sand, cellar dirt, and industrial, municipal, and agricultural waste
discharged into water.
rock,
6
"Pollution". The man-made or man-induced alteration of the chemical,
physica-l-~-~gical, and radiological integrity of w~ter.
"Pretreatment". The reduction of the amount of pollutants, the
elimination of pollutants, or the alteration of the nature of pollutant
properties in w~stew~ter to a less harmful state prior to or in lieu of
discharging or otherwise introducing those pollutants in~o a PO~I~. The
reduction or alteration can be obtained by physical, chemical~, or biological
processes, or process change~ or by other means, except as prohibited by 40
CFR Section 403.6(d).
"Pretreatm~nt Requirements". Any substantive or procedural requirement
for treating of a w~ste prior to inclusion in the ~.
"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
"P~o~erly Shredded Garbage". The wastes from the preparation, cooking,
and dispensing of food that have been shredded to a degree that all particles
will be carried freely underthe flow conditions normally prevailing in public
sewers, with no particle greater than 1/~-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 Wastew~ter
Treatment Plant transmission and disposal facilities as operated by the South
Central Regional Wastew~ter Treatment and Disposal Board.
"Replacement". ~xpenditures 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 s%orm,
surface, and groundwater are not intentionally admitted.
"Sew-age". A c.o~bin~tion of the water carried wastes from residences,
business-~-~Ildings, institutions, and industrial establishments, together with
ground, surface, and stormwaters as may be present.
FTL.26
· "Sew-age 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
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 statutes; or is judged by the PGTW, 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-monthperiod 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-lim/t
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.
(3) An effluent violation caused interference or pass through or
endangered the health of City or ~ personnel or the general public;
(4) A discharge caused imminent endangerment to human health,
welfare or to 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
ninety (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
· mptementation of the City's pretreatment program.
~lv~. 26
"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)(t)(vi)(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.
"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.
"Stormw-ater". 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 authqrized
representative.
"~". An extra charge levied to a user for treatment of
compatible w~stewaters that contain substances in excess of specified maximum
allowable limits.
"Suspended Solids". Solids that are ~n 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 C~A 307(a) or other acts.
"Treatment Plant". That portion of regional treatment facilities
designed to provide 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 parson who contributes, causes, or permits the contribution
of wastewater into the
FTL.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 was~es
from dwellings, co~m~ercial 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 intemittently.
"Waters of the State". A~i streams, lakes, ponds, marshes, watercourses.
waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems, and all other b~dies or accu~malations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through, or borde{ upon the state or any portion thereof.
5. 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.
6. 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, and federal law.
(B) The disposal of sewage to the ~ shall be as outlined in this
Agreement and shall be subject to standards which meet or exceed the CITIES'
industrial and commercial waste ordinance requirements as they shall exist
from time-to-time, and shall also be subject to the provisions of the
Interlocal Agreement dated December 26, 1974 between the Cities creating the
POTW.
7. 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.
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
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
This CITIES shall each be responsible to adopt ordinances or regulations
to assure that all waste discharged to public sanitary sewers, which in %urn
discharge to the regional treatment facilities (POTW), shall meet or exceed
the following criteria:
(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 to a natural
outlet approved by the p~oper 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 describedwaters or wastes to any sanitary sewers:
(1) Flammable or explosive liquids or solids or gas, including but
not limited to, gasoline, benzene naptha and fuel oil.
(2) 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 wastewater
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.
(3) Solid or viscous substances in quantities or of a size capable
of causing obstruction to the flow in sewers, or other interference with the
proper operation of the sewage works such as, but not limited to, ashes,
cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar,
plastics, wood, unground garbage, whole blood, paunch manure, hair and
fleshings, entrails, paper dishes, cups, milk containers, and the like, either
whole or ground by garbage grinders.
(D) No person shall discharge or cause to be discharged, the below
described materials, waters, or was=es (collectively, the substances) if it
FTL.26
11
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 ~n relation
to flows and velocities in the sewers, materials of construction of the
sewers, nature of the wastewater treatment p~ocess, capacity of the wastewater
treatment plant, degree of treatability of waste in the was~ewa~er treatment
plant, and other pertinent factors. The substances prohibited are:
(1) Any liquid having a temperature higher than 150:? or causing
the wastewater treatment plant influent to exceed 104oF.
(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 32°F.
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 waters or wastes containing phenols or other taste or odor
producing substances, in a concentration exceeding limits which may be
established by the POTWas necessary after treatment of the composite sewage
to meet the requirements of the state, federal, or other public agencies of
jurisdiction for that discharge to the receiving waters.
(5) Any garbage that has not been properly shredded, which shall
mean the wastes from the preparation, cooking, and dispensing of food ~hat
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.
(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 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/1
Arsenic 0.9 mg/1
Cadmium 0.5 mg/1
12
Parameter Limit
Metals (continued)
Chromium - Hexavalent
Chromium- Total
Copper
Iron
Lead
Mercury
Nickel
Selenium
Silver
Zinc
0.5 mg/1
3 mg/1
2 mg/1
5 mg/1
0.9 mg/1
0.01 mg/1
0.7 mg/1
0.25 mg/1
1 mg/1
2 mg/1
Inor~anlcs
Aa~nonia
Chloride
Cyanide
Cyanide Amenable to Chlorination
Fluoride
pH
50 mg/1 (Surcharge)
600 mg/1
1 mg/1
0.5 mg/1
50 mg/1
5.5 - 9.5 Standard Units
Organics
BOD
COD
Oil and Grease
Petroleum Hydrocarbons
Phenol
Phenolic Compounds, Total
Toxic Organic Compounds, Total
220 mg/1 (Surcharge)
440 mg/1 (Surcharge)
100 mg/1
25 mg/1
5 mg/1
0.5 mg/1
5 mg/1, No one Parameter
over 1 mg/1
Physical
TSS
Particle Size
Radioactive Elements
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 co~nercial users where the chloride content exceeds
600 milligrams per liter.
(9) Any water or waste containing suspended solids or color of a
character and quantity that unusual attention or expense is required to handle
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.
(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 ssorm 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
amenabl'e to treatment or reduction by the wastewater treatment processes
employed, or are amenable to treatment only to that degree tha ~ 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 prgvided
further that the user complies with the requirements of the city's high
strength sewer surcharge.
(17) Any waters or wastes with a five-day, 20~ C. B.O.D. greater
than 220 milligram~ per liter unless the user ~s approved by the city and
provided further that the user complies with the requirements of the city's
high strength sewer surcharge system.
(18) Any waters or wastes containing chemical oxygen demand (COD)
greater than 440 mg/L 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 mg/1, with no one parameter over 1.0 mg/1.
(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
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:
(1) Reject the wastes.
(2) Require pretreatment to an acceptable condition for discharge
to the public sewers.
(3) Require control over the quantities and rates of discharge.
(4) Require payment to cover the added cost of handling and
treating the was~es 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 ~o
the review and approval of the POTW and the city and subject to the
requirements of applicable codes, ordinances~ and taws and compliance
schedules as established by the city. In addition, any major contributing
industry as defined by 40 CFR 403 shall comply with 40 CFR 403.12 and any
other regulation as shall from tima-to-time be establishedby 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 flan~able
wastes, sand, or other harmful ingredients; except that those interceptors
shall not be required for' private living quarters or dwelling units. A~i
interceptors shall be of a type and capacity approved by the city and ~halt be
so located as to be readily and easily acCeSSible for cleaning a~d 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 waters 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 Depar.t~ent of the iCity regulating the installation and
maintenance of the ~nterceptors. Use 6f s~lvents and/or detergents and/or
soaps, and/or degreasers is restricted to those levels which do not interfere
with the proper functioning of the interceptors.
11. Admission Of Industrial And Com~ercial 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 reoognize and comply with the following:
(A) The economy and desirability of the combined treatment of industrial
and com~-rcial wastes and sanitary sewage is recognized. However, noc all
types and quantities of industrial and cor~ercial wastes can be so treated.
It shall be the policy to admit the types and quantities of industrial and
co~ercial wastes that are not harmful or damaging to the structures,
FTL.26
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 required for the admission of
industrial or cor~aercial wastes into the public sewers having:
(1) A five-day, 20* 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) A~onia 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 of 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 5o
the city or a wasteweter treatment plant operator licensed and registered in
the state, or a water testing laboratory certified by the suate, using .%he
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 co~m~ercial 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 work$ to facilitate observation, measurement, and sampling of
all wastes including all domestic sewage from the establishment. The location
and methods of construction of the control station shall be approved by the
Utilities Director. The control station shall be maintained by the
establishment so as to be safe and accessible at all times. If any
establishment wishes to meter its waste discharge into the sewer system [o
verify in-p~oduct water retention or other uses of metered flow, they may, a5
th~i~ sole expense, install a flow-metering device as approved by the
Ut~llties 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.
~-ru.26
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 compliance with all national categorical
pretreatment standards within the time limitations as specified by the federal
pretreatment regulations and as required by the POTW. Industrial users with
integrated facilities shall comply with any alternative discharge limits as
set by the city. Any facilities required to pretreat wastewater to a level
acceptable to the city shall be provided, operated, and maintained solely at
the user's expense. Detailed plans showing the pretreatment facilities and
operating procedures shall be submitted to the city for review at the requesn
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.
(B) /%11 records relating to compliance with pretreatment standards shall
be available to officials of the city, the POTW, EPA, or FD~R upon request.
13. Application Of More Stringent Requirements; City Shall Notify Affected
Users
Upon the promulgation of the national categorical pretrear_ment 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 t-hat subcategory, shall immediately supersede the
limitations imposed under ~this Agreement and shall be considered part of this
Agreement. After the CITIES receives notice, the CITIES shall notify all
affected users of the applicable reporting requirements under 40 CFR 403.12.
14. POTWBoard's Right Of Revision
The POTW Board reserves the right to establish by resolution more
stringent limitations or requirements on discharges to the w~stewater 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 zn any other
pollutant-specific limitation developed by the city or state.
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 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 mus~
meet or exceed the following criteria of this Agreement:
(1) Containment Volume to be Provided shall be 150% of one item
150% of the largest item or 15% of the total to be stored, whichever is the
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. Ail outdoor storage shall be sheltered
from rainfall, or a suitable moans of reproving rainwater shall be provided.
(4) Conditions of the Stored Vessel. Ail stored containers shall
be maintained in sound condition; no ru~t, corrosion, or other signs of
deterioration of the primary containment wall shall be permitted. Aik-stored
containers shall be closed and sealed during storage.
(5) Segregation 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
co~aon area.
(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 w~ll 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.
FTL. 26
18
(C) On the request of the POTW Board, the City shall require the user ~o
submit to the City for review detailed plans showing facilities and operating
procedures to provide this pro~ection. 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 corm~ences 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 use[ from the responsibility ~o
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 l~ediately
notify by telephone, the Utilities Director, the Executive Director of the
POTW, and the POTW. The notification shall include location of discharge,
type of w~ste, 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 the city a written
report describing the cause of the disdharge and the measures to be taken to
prevent similar future occurrences. The notifi cation shall not relieve the
user of any expense, loss, damage, or other liability whichmay be incurred as
a result of damage to the public/sanitary sewe~ 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 an~ fines, civil penalties, ~r
other liability which may be imposed by this Agreement or other applicable law.
18. Notice To Employees In ~vent Of Dangerous~ Discharge; Emergency
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.
19. Notification of the Discharge of Hazardous Wastes
(A) The CITIES shall adopt ordinances intended to require all
Industrial Users have provisions for notifying the Executive Director of the
POTW, the EPA 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 RCRAor 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
FTL.26
19
the hazardous constituents contained in the listed wastes, and estimating the
volume 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 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 one
hundred kilograms of hazardous waste do not require'additional notification,
except for the acute hazardous wastes specified in 40 CFR 261.5(e), (f), (g),
and (j).
(C) In the case of new regulations under Section 3001 of RCRA
identifying additional characteristics of hazardous waste or listing any
additional substance as a hazardous waste, the industrial user must notify the
Utilities Director of the discharge of such substance within 90 days of the
effective date of such regulations, except for the exemption in paragraph (2)
of this section.
: case of any notification mede under this section, the
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.
20. Compliance Date Report
Within ninety (90) days following the date for final compliance with
applicable pretreatment stand.ards or, ~n the case of a new source, following
corm~encement of the introduction of wastewater into the public/sanitary sewer
system, each City shall submit to the Executive Director, a monitoring repot=
indicating the neture and concentration of all pollutants in the discharge
from.the re~ated 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 pretreat~..ent standards or
requirements. T~e repo~ shall state whether the applicable pretreatment
standards .and requ~re~ments are being met on a consistent basis and, if not,
what additional Pret~ea~nt is necessary to bring the user into compliance
with the appl~icable pret~eatment standards or requirements. This statement
shall be signed by an ag.thorized representative of the industrial user and
certified to by a qualified representative.
21. Periodic Compliance Report
Each City shall ~submit to the ~ during the months of June and
December, ~ess required more frequently in the pretreatment standard or by
~"rb. 26
20
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, exceeded 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 low flow rates, holidays,
budget cycles, and the like, the PO~W may agree to alter the months during
which the above reports are to be submitted.
22. Monitoring 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 normally be situated 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 and located so that it will not be obstructed by landscaping or
parked vehicles. There Shall b9 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 t~mes in a saf~ and proper operating condition at the expense of the
user. Whether ~onstructed on public or private property, the-sampling and
monitoring facilities shall be prOVided in acCOrd_a~.ce with plans and
specifications submitte~ to and appr0ved by each City and all applicable local
c0nstruct~on standards and sPecifiCations. When required, construction_~f
those facilities shall be completed within ninety (90) days following written
notification by the City.
23. Inspection And Sampling
Each City, through its employees, is authorized to inspect the facilities
of any user to ascertainwhether the purpose of this Agreement is being met
and all requirements are being complied with. Persons or occupants of
premises wherewastew~ter is created or discharged shall altowthe 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, P(MiW, state
DER, and EPA shall have the right to set up on the user's property those
devices as are necessary to conduct sampling inspection, compliance
monitoring, or materin~ (~perations. Where a user has security measures in
force which would requxre proper identification and clearance before entry
into their premises, the user shall make necessary arran~ements with their
security guards so_t~.at ul~on presentation of suitable identification,
personnel from the City, iPO~W, DER, and ~EPA will be permitted to enter,
without delay, for the purposes of performing their specific responsibilities.
FTL. 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 available to the public or other governmental agency in accordance
with applicable state statutes or federal law.
25. Special Permit Required; Term
A special permit will be required by the P(~TW 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 w~ich exceed the
sewage parameters for strength as defined in the Agreement. In order ~o
effect these provisions, each City shall provide for development of a perm,%
program for its users.
26. 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.
(B) This application will define all of the pertinent data concer-~ing
the acceptance of industrial and co~a~erciat 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
· ssuance. 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 continue 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 Con~ercial Waste Discharge Permit Form. The
form of permit for industrial and comercial wastes shall be as specified by
each City. Specific provisions for continued acceptance by the each City of
the waste shall be attached to and mede a part of the permit to discharge.
Each City may prescribe those items as equalized flow discharge,
prechlorination, 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.
(2) Renewal of Industrial and Co~erciat 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 co~ercial waste
discharge per, it program and the application of the surcharge formula imposes
additional obligations of the CITIES.
(2) The CITIES, in addition to determining the waste flow volumes
and analyzing the waste strengths for development of the surcharge, must also
maintain an accurate record of the permit applications, permits, meter
installation details, meter calibrations, and shall make available to each
establishment the necessary renewal application forms.
27. Application Of Surcharge 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 any lot
or parcel of land, upon which there is located any building or activity,
contain B.O.D., C.O.D., aa~onia, 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 waste 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.
28. Responsibility For Treatment And Disposal
The POTW is responsible for the proper treatment and disposal of all
w~ste that is proper to process through the regional treatment facilities,
beginning at the point source.
29. Right To ~nter Premises And Obtain Information Concerning Discharge~
(A) To the extent permitted by general law, the proper official and
other duly authorized employees of the City or the POTWbearing proper
FTL.26
23
credentials and identification shall be permitted to enter all properties for
the purposes of inspection, observations, measurement, sampling, and testing
in accordance with the provisions of this 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
water~-ays 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.
30. Suspension Of Wastewater Treatment Service; Notice TO Stop
Discharge~ 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 t~the health or welfare of persons or
the environment, causes interference to the POTW, caused the PO~W 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 wastew~ter treatment service shall immediately stop or eliminate the
contribution. In the event of a failure of the City to cause the user to
voluntarily comply with the suspension order, the POTW shall take steps as
deemed necessary, including ~maediate 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 noncomplying 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
s~mitted to the city within fifteen (15) days from the date of the occurrence.
31. 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 of
requirements contained herein, or any regulations promulgated by the City
pursuant to this Agreement, the PO~Wmay 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 1KTIWby the city.
24
32. False Statements Of Docm~ents Prohibited
NO person shall knowingly make any false statements, rapresmntation, or
certification in any application record, report, plan, or other docu~mnt filed
or req~/lred, to be ~intained pursuant to t~is Agreement, or falsify, tamper
with, or knowingly render inaccurate any monitoring device or method rm~uired
un~e~ this chapter.
33. Show Cause Hearing
(A) Any party subject to enforcement action under the provisions of this
Agreement may r~quest 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 hea~i~g a~ take the
evidence, or, at the Executive Director'~ sole discretion, may desi~xate the
POTWAttorney or an inde~ndent arbitrator to:
(1) Issue, in the name of the ~xec~tive 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 evidmhce and hear testimony (the strict rules of evidence
shall not apply to any hearing).
(3) Transmit a report of the evidence and hearing, including
transcripts and other evidence, together with reco,~endation to the Executive
Director or his designee for action thereon.
(C) At any hearing held pursuant to this Agreement, testimony taken must
be under oath and recorded stenographically, with the costs ~ereof to be
berne 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.
(D) After the Executive Director or his designee bas reviewed the
evidence, he may issue an order to the user responsible for ~]e
non-compliance(s) stating that, followin~ a thirty (30) day time period to
provide remediation of non-compliance(s), penalties as per this A~ree~ent
shall g~ into effect. Further orderm as are necessary and appropriate may be
iasC.
(E) The POT6 shall also establish appropriate surcharges or fees to the
CITIES to reimburse the POTW for the additional cost of operation and
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 ~ Board.
(G) Costs for conducting a Show Cause Hearing shall be born by the user
requesting the hearing, if the enforcement action is upheld.
34. 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 mey co~z~ence a~ action against the city within
whose collection system the violation is occurring, for appropriate legal
relief, including in3unctive relief, in the appropriate court which has
]urisdiction.
35. 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 sum~aries thereto,
relating to monitoring, sampling, and chemical analyses made by or on behalf
of a user in connection with its discharge. All records which pertain to
matters which are the subject of administrative adjustment or any othe~
enforcement or litigation activities b[ought 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.
36. 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.
37. 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
26
with any orders, rules, and regulations issued by the City pursuant to this
Agree~nt, 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 permitted or authorized by law, recover reasonable attorneys'
fees, and other expenses of litigation by appropriate motions or suit ac law
against the user/person found to have violated this Agreement or the
ordinances orders, rules, regulations, and permits issued hereunder.
(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 the amount not exceeding $5,000 for
each violation. Each day in which any violation shall continue shall be deemed
a separate offense.
(C) within 30 days of any and all violations, the user shall cause a
sample of the discharge to be taken and laboratory analysis performed on said
sample at their expense with the results to be provided to the Utilities
Director. The utilities Director may require further sampling at such times
as he deems appropriate.
38. Cost Recovery Formula
At Board level, the costs for testing of each City's influent 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 suchmonitoring activity:
BOARD ORDINANCE PR~'i'~A/~ENT COST RECOVERY FORMULA
Pcc - (s. xsn) + (a= xa )
Where:
Pretreatment Monitoring Charge per City.
S
sampling Activity Cost.
Sn - Number of Samples.
Analysis Cost.
Number of Analysis.
FTL.26
27
IN WITNESS WHEREOF, the parties h~reto have executed this Industrial
Waste and Pretreatment Agreement this day of , 199
SOUTH C~ REGIONAL WASTEWAT~
TREATMENT AND DISPOSAL BOARD
RrruST:
Chairman
Secretary
CITY OF BOYNTON BEACH
A'r,'=ST:
City Clerk
CITY OF DELRAY BEACH
RIT~ST:
Mayor
City Clerk
28
FTL. 26
The above action is hereby ratified in open session by the City of
Boynton Beach this ~ day of /~L~,~,/;~, , 199~ .
Wi tnesses:
(SEA.L)
CITY OF BOYNTON BEACH
Mayor
At t e s t: ~;~ /City Clerk
The above action is hereby ratified in oper
Delray Beach this day of , '19
Approved ~ form:
//' \Citi ~ager
,// ),I.t!' ,.',,,
- -/ Cit' ~orney
1 ~ession
by the City of
Witnesses:
CITY OF D~Y BEACH
(SFAL)
By:
Mayor
Attest:
City Clerk
Approved as to form:
/~itY Manager
/ ~ity Attorney
~TL.26
29