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HomeMy WebLinkAbout17-104RESOLUTION NO. 17-104 EMERGENCY RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING AN INTERIM SEPTAGE RECEIVING POLICY, PROCEDURES AND FEES; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS AS FOLLOWS: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted as an emergency resolution pursuant to the provisions of the Constitution of the State of Florida, Chapter 125, Part I, Florida Statutes, Chapter 153, Part II, Florida Statutes, Chapter 189, Florida Statutes and other applicable provisions of law. The emergency results from Indian River County closing its Septage Receiving facility with insufficient notice for septage transporters within the St. Lucie County Water and Sewer District ("District") utility service boundary such that such septage transporters have no readily available practical options for disposal of septage which creates an immediate health and safety danger to the public. The County has undertaken an emergency improvement to the St. Luce County Fairgrounds wastewater treatment facilities to temporarily accommodate acceptance and disposal of septage from septic tanks within the District's service area, and requires adoption of this resolution to establish policies, procedures and fees for acceptance and treatment of such septage, pending determination of a permanent solution to disposal of septage generated within the District's utility service area. SECTION 2. ADOPTION OF SEPTAGE RECEIVING POLICY, PROCEDURES AND FEES. The Board of County Commissioners determine that the septage receiving policy, procedures and fees as set forth on Attachment 1 to this Resolution are fair and reasonable and are hereby adopted for emergency interim purposes. The Board of County Commissioners will advertise a public hearing for a permanent adoption of a septage receiving policy, procedures and fees as soon as practicable after adoption of this Resolution. The provision of septage receiving service by the County may be suspended or terminated at such time as a permanent solution is determined. These policies, procedures and fees may be revised by the Board of County Commissioners at its discretion. SECTION 3. EFFECTIVE DATE. The provisions of this Resolution shall take effect retroactive to May 2, 2017. DULY PASSED AND ADOPTED this 16`h day of May, 2017, at a regular meeting of the St. Lucie County Board of County Commissioners. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COU TY, FLORIDA or BY: CHA AN APPROVEIJ- S TO FORM CORRECTN S• BY: COUNTY ATTORNE, 8.C.6.f ST. LUCIE COUNTY SEPTAGE RECEIVING RATES. POLICIES AND PROCEDURES d d POLICIES: a 06 St. Lucie County ("County") owns and operates a Septage Receiving Facility (SRF) at the St. Lucie > County Fairgrounds(WWTF). The County has authorized the acceptance of septage generated solely a from within the utility service area of the County for treatment and disposal, subject to compliance =, with these SRF P&P. For purposes of these SRF P&P, the term "Septage" is defined as the partially treated sludge stored in and removed from an on-site sewage treatment and disposal system, but excludes fats,oil and grease collected from restaurant/food service establishments("FOG").Industrial Septage or Septage from sources other than those listed specifically above shall not be accepted unless approved in advance in writing by the County. No hazardous or toxic wastes will be accepted under a any circumstances. N E PROCEDURES: L a� _ A. PERMITS AND VEHICLE REQUIREMENTS. v 0 Each Septage transporter desiring to utilize the WWTF SRF for disposal and treatment of r septage shall first be required to obtain and maintain in good standing an annual written Permit N (HRS-H Form 4013, as amended from time to time) from the Florida Department of Health w and Rehabilitative Services county public health unit for St. Lucie County. All Septage transporters shall comply at all times with requirements of Florida Administrative Code Rule v, 64E-6,and these SRF P&P, as amended from time to time(collectively,the"Rules")and non- compliance with the Rules will be considered a violation of the Rules, and subject the Septage a° transporter to termination of use privileges at the SRF, fines and/or other enforcement actions. a, All Septage transporters must first execute an application on form attached below and establish an account with the County prior to utilizing the WWTF SRF,and provide a copy of the current HRS-H Form 4013, a written list of existing vehicles, including identification numbers/letters and the gallon capacity of each transporter vehicle that will be utilizing the WWTF SRF. The County may execute applications on behalf of the County on the attached form, m unless there are special terms which must be approved by the Board of County Commissioners. Mi The County reserves the right to verify tank capacities. The County shall provide the Septage >i transporters with an SRF license, which must be prominently displayed on each transporter C4 vehicle so that it is readily visible to County personnel manning the SRF. M rn rn Each transporter vehicle shall be equipped with a standard 3-inch or 4-inch quick-disconnect co male hose connection. Septage shall be discharged only at the WWTF SRF. Discharge at any other location within the County service area will be reported to appropriate law enforcement and environmental regulatory agencies for prosecution to the fullest extent of the law. Unless w specifically approved in writing in advance by the County, transporter vehicles which do not C display the required HRS permit and capacity information shall not be allowed to discharge E s Septage at the WWTF SRF. w Q Packet Pg. 173 8.C.6.f The County will also issue each Septage transporter an Industrial Wastewater Discharge Permit under the County's Industrial Pretreatment regulations.The Industrial Wastewater User Permit issued to the Septage transporters can also be referred to as a Non-Categorical Industrial User Wastewater Discharge Permit as Septage transporter are considered Non-Categorical Industrial Users. Septage transporter vehicles will be subject to random sampling. Sample results above any County designated Local Limits will be rejected and Industrial Pre-Treatment surcharges a will be assessed. The County reserves the right, at any time, with notice, in their sole discretion,to discontinue o acceptance of Septage from any or all Septage transporters. The issuance of a WWTF SRF a. license to a Septage transporter does not confer any contract, property or other vested right = upon the Septage transporter, but is provided merely for ease of the WWTF SRF personnel in •a'—, assuring compliance by the Septage transporter with the requirements of these SRF P&P. The County shall not be responsible for any damage, cost, expense or claim incurred by a Septage transporter by reason of the discontinuation of acceptance of Septage by the County, whether Y temporary or permanent. The County will establish from time to time a schedule for the operating hours of the SRF. This schedule may be changed at any time without notice to CA Septage transporters, The County makes no representations or warranties as to the operating schedule of the WWTF SRF. c B. SEPTAGE RECEIVING STATEMENT AND LIQUID WASTE MANIFEST. o ti All Septage transporters shall provide the County a Septage Receiving Statement for billing o purposes and Liquid Waste Manifest(Manifest) for each vehicle load to be transmitted to the WWTF SRF for treatment and disposal as outlined in the Industrial Wastewater Discharge Permit. Each Manifest shall identify the vehicle license number, vehicle gallonage capacity, y date(s)of collection,the address(es)of collection, indicate whether the point of collection is a d U residence or business, and if a business the type business, type of Septage collected, and such o other information as the County may require from time to time. a c The County will utilize the enforcement actions outlined in the Industrial Wastewater •a'—, Discharge Permit for any damage to the SRF or WWTF caused by the Septage transporter. Costs associated with damages will be billed to the Septage Transporter upon completion of repairs along with, the cost for any cleanup of Septage spillage. Invoices for repairs and/or cleanup are due upon billing. If payment is not received within thirty (30) days of invoicing, Septage receiving service will be terminated until payment is received. co i M C. DISPOSAL FEES. > c) 0 Septage disposal fees shall be billed by the County on a monthly basis. The monthly septage rn disposal fees shall be based upon the number of SRS's received for each Septage Transporter M during the prior month. Septage disposal fees shall be based on the full gallonage capacity of each vehicle, regardless of the actual gallonage transmitted to the SRF. Each Septage C6 transporter's monthly invoice shall be calculated by multiplying the rate per thousand gallons U time the full gallonage capacity of each vehicle as set forth in the SRS's received for that month's services. Invoices are due upon receipt. Invoices unpaid after thirty (30) days shall E accrue a late charge. If payment is not received within forty-five (45) days of invoice date, septage receiving service will be terminated. r Q 2 Packet Pg. 174 8.C.6.f r D. DISPOSAL FEES AND ADMINISTRATIVE CHARGES. I. The charges for disposal and treatment of septic tank sludge as of May 1, 2017, and may change from time to time are: 1,000 gallon tank $100 2,000 gallon tank $200 ° 3,000 gallon tank $300 4,000 gallon tank $400 5,000 gallon tank $500 a 6,000 gallon tank $600 No partial load or per gallon fee schedule will be available 2. Vehicle clean-out charge per occurrence Time and materials and 25%administrative fee Ca a 3. Annual registration fee per Septage transporter (Due on October 1 of each year) $200.00 E L a.+ 4. Non-Categorical Industrial User Permit Fee $200.00 c a 0 5. Late charge per month $25.00 OR (2%of the invoice whichever is greater) o N In order to meet inflation and increasing costs to provide septage disposal,the Septage Disposal W fee shall be increased three percent (3%) annually on October 1 each year, or by such other adjustment as deemed necessary by the County. 2 U E. DEPOSIT. a. cm Each new Septage transporter shall pay to the County a deposit equal to the average of two(2) > months estimated disposal fees or a minimum of$2,000.00,whichever is greater. Prior to the initiation of septage disposal services,the Septage transporter shall be required to estimate their two (2)month deposit requirement and remit same to the County. The estimated deposit will C be adjusted,as required,to meet the actual average monthly disposal fees. The deposit shall be a refundable, with no interest, after twenty-four (24) months, if the Septage transporter has ins maintained their account in a current status with no invoice being outstanding in excess of M thirty (30) days during the previous twenty-four (24) month period. Existing Septage Ni Transporters will be required to comply with the deposit policy if at any time their account is c not paid in full within thirty (30) days. In the event that a monthly invoice has remained outstanding for greater than thirty (30) days, the County may apply the deposit against the co outstanding invoice amount plus late charges. In the event that the deposit is so utilized, the Septage transporter shall be required to replenish the deposit to the required amount prior to c again utilizing the septage receiving services of the SRF.Any deposit balance that is remaining v after the closure of a Septage Transporter's account will be returned within sixty(60)days. d E To reopen account, the Septage transporter must pay a new deposit, plus any outstanding invoices, if applicable. a 3 Packet Pg. 175 8.C.6.f F. SAMPLING The County,through its Industrial Pretreatment Program reserves the right to perform random sampling of a Septage transporter's septage waste to insure compliance with current County Industrial Pretreatment local limits parameters. In the event a Septage transporter discharges W any toxic or hazardous waste, as defined by Florida Administrative Code Rule 62-730, as ° periodically amended, the County shall notify the appropriate law enforcement and environmental regulatory agencies for prosecution to the fullest extent of the law. As consideration to the County for utilizing the services of the SRF,each Septage transporter shall a indemnify and hold the County harmless against all damages, costs, expenses, and claims, a. a) including, but not limited to, environmental clean-up expenses, regulatory penalties and S enforcement action expenses, attorney's fees and costs through all levels of appeal, and �Z, consequential and incidental damages, arising out of or relating to the Septage transporter's utilization of septage receiving service, including but not limited to by reason of discharge of toxic or hazardous wastes ("Damages"), Each Septage transporter further agrees that the o County may include any such Damages in the Septage transporter's monthly septage disposal fee invoice. N E •L G. HOLIDAY CLOSURES. The SRF will normally be in operation Monday through Friday from 5:00 a.m. to 9:00 0 a.m. EST, excluding the following holidays: ti New Year's Day(observed) N Martin Luther King Jr, Day(observed) w Presidents'Day(observed) W Memorial Day(observed) d Independence Day(observed) 2 Labor Day(observed) a Veteran's Day(observed) 0) Thanksgiving Day Day after Thanksgiving Christmas Eve(observed) Christmas Day(observed) 4), New Year's Eve (observed) Q d N i M H. RETURNED ITEM (DISHONORED CHECK) > 0 In accordance with Florida Status 125.0105, as amended from time to time, Septage transporters shall pay a charge for returned or dishonored checks(currently$20.00 or 5 percent 00 of the face value of the check,whichever is greater). M ca 1. SECURITY PROCEDURES. 6 For security purposes,the WWTF has a controlled access system for the Facility,including the SRF. All Septage transporters are required to register each hauling vehicle Drivers will be required to show their driver's license to the SRF Attendant. ;g Q 4 Packet Pg. 176 8.C.6.f All Septage transporters subject to the policies and procedures stated herein will be required to meet the applicable State and County regulatory requirements, The SRF attendant may perform inspections to ensure that all applicable truck identifications are visible and current, absent with the SRF Attendant may refuse access to the SFR. a� U J. APPLICATION. o a. ca The application form attached below shall be used for all Septage transporter applications. a a. c U d R Y Q d E �L d Y O r r O N N W N d .2 O a a> c U d m a� cv Y c. m Cn 1 M I N O M O Q1 M co M �i- CU C6 Y c d E U ca Y Y Q i Packet Pg. 177