HomeMy WebLinkAbout12-020
ORDINANCE NO. 12-020
AN ORDINANCE AMEN~IN6 ORDINANCE NO. 10-012
AND CHAPTER 1-20.5 "WATER AND SEINER" OF THE
ST. LUCIE COUNTY CODE AN~ COMPILED LAWS BY
AMENDIN6 ARTICLE VI "PRt i KEATMENT OF
WASTEWATER" BY AMENDIN6 SE~ i ~ON i-20.5-82
"PROHIBi i CD DISCHAR6E STANDARDS" TO PROVI~E
FOR LOCAL PRETREATMENT STAN~ARDS; BY
AMENDIN6 SECTION 1-20.5-84 "INDUSTRIAL
WASTEWATER ~ISCHAR6E PERMIT" TO AUTHORIZE
THE FPUA AND OTHER BULK SERVICE PROVIDER TO
REVIEW THE ~ISTRICT PERMIT APPLICATION FORM
AND ESTABLISH MORE STRIN6ENT PERMIT
APPLICATION CONTENTS; BY AMENDIN6 SECTION 1-
20.5-85 "REPORTIN6 REQUIREMENTS" TO PROVIDE
THAT ALL SAMPLIN6 AN~ ANALYSES COMPLY WITH
THE REQUIREMENTS OF RULE 62-625.500(2xe), F.A.C.;
BY AMENDIN6 SECTION 1-20.5-90 "CIVIL AND
CRIMINAL REMEDIES" BY IMPOSIN6 CIVIL AND
CRIMINAL PENALTIES AND PUBLICATION OF
SI6NIFICANT VIOLATORS; PROVIDIN6 FOR
SEVERABILITY; PROVIDIN6 FOR FILIN6 WITH THE
DEPARTMENT OF STATE; PROVIDIN6 AN EFFECTIVE
DATE; PROVIDIN6 FOR ADOPTION; AND PROVIDIN6
FOR CODIFICATION.
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WHEREAS, the St. Lucie County Wctter and Sewer District ("District") owns,
operates and controls wastewater treatment and disposal systems for the collection,
trnnsmission, treatment and disposal of wastewater and wnstewater residuuls ("WWTFs");
and
WHEREAS, the District ulso owns, operates and controls a wnstewater collection
and trnnsmission system which delivers wustewater to South Hutchinson Islctnd Water
Reclamation Facility (pIWRF") owned, operated nnd controlled by the Fort Pierce Utilities
Authority ("FPUA") for treatment and disposal, pursuunt to the Agreement between Fort
Pierce Utilities Authority and St. Lucie County, Florida, for Provisions of Bulk Wnter,
Wastewater and Reclaimed Water Service ("Bulk Service Agreement"), and the Multi-
Jurisdictional Agreement between District and FPUA; and
WHEREAS, the District desires to comply with its State of Florida Department of
Environmental Protection ("DEP") operating permits for its WWTFs and to comply with
requirements of the Bulk Service Agreement with FPUA, the requirements of the Multi-
JurisdictionQl Agreement between the District nnd FPUA, and regulations issued by the
DEP and the United States Environmental Protection Agency ("EPA") relating to industrial
discharges und wastewater pretreatment; and
WHEREAS, the District adopted Ordinance No. 10-012 to implement its
wastewater pretreatment progrnm and desires to amend and update the provisions of
Ordinance No. 10-012 as necessary for the health, safety and welfnre of the public nnd
for the protection of the environment.
NOW, THEREFORE, BE IT ORDAINED by the BoQrd of County Commissioners of
St. Lucie County, Florida, acting for and on behalf of the St. Lucie County Water and
Sewer District:
ARTICLE VI
PRETREATMENT OF WASTEWATER
PART A. CHAPTER 1-20.5 "WATER AN~ SEWER" IS HEREBY AMEN~ED BY
CREATIN6 ARTICLE VI "INDUSTRIAL PRC i KEATMENT" AS
FOLLOWS:
Sec. 1-20.5-79 through Sec. 1-20.5-82 remnin unchcnged.
Sec. 1-20.5-82 Prohibited Dischnrge Standards.
Users shall not dischnrge Pollutants into the WWF unless in accordance with the
Code, and the reauirements of the Multi-Jurisdictional Aareement between the District
and FPUA. except for Bulk Service Arens nrovided treutment bv FPUA wastewuter
trentment fucilities. These arens are subiect to the terms of the Multi-Jurisdictionnl
Aareement between St. Lucie Countv nnd FPUA.
A. Discharge Prohibitions. No User shall Dischnrge into the WWF any
Pollutant, Wastewater or Septic Tnnk Waste which may cQUSe Pass Through or
Interference with the operation or performance of the WWF.
No User shall discharge into the WWF nny of the following:
1. Toxic or poisonous substances, chemical elements or compounds,
taste or odor-producing substances, or nny other substances which nre not nmenable to
trentment or reduction by the wcutewnter treatment processes employed by the WWTF,
IWRF or Bulk WWTF. Toxic Pollutants shall include, but not be limited to, any Pollutnnt
identif ied pursunnt to 40 CFR Part 116 (4).
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2. Noxious, or malodorous solids, liquids, or gases or other wastewater
which, either singly, or by internction with other waste or wastewater (a) nre capable of
creating public nuisance or hazard to human or animal life (b) are or may be sufficient to
prevent entry into a Sewer for its maintenunce, inspection, or repair or (c) m4y crente nny
hazard in the receiving wnters of the WWF.
3. Liquids, solids, or gnses which by reason of their nature or quantity
are or may be sufficient either alone or by interaction with other substances to cause fire
or explosion or be in jurious in any other way to the WWF or to its operation. Prohibited
mnterials include but are not limited to, petroleum oil and non-biodegrndable cutting oil,
Pollutnnts with a closed cup flashpoint of less than one hundred forty (140) degrees
Fahrenheit [sixty (60) degrees Centigrade], using the test method specif ied in ASTM
Standard D-93-79 or D-93-80k or as specified in ASTM Stnndard D-3278 and Pollutants
which cause an excess of ten (10) percent of the lower explosive limit (LEL) nt any point in
the WWF. Specific products include, but are not limited to: gusoline, kerosene, fuel oil,
motor oil, naphtha, benzene, toluene, xylene, ethers, nlcohols, ketones, aldehydes,
peroxides, chlorates, perchlorates, bromates, carbides, hydrides, and sulfides or any other
substance which the Control Authority, the State of Florida or its subdivisions nnd
ngencies, or any federnl agency has determined is n fire hazard or a hazard to the WWF.
4. Radionctive wastes or isotopes of such half-life or concentration as
may exceed limits established by regulations within the F.A.C. issued by the Florida
Depnrtment of He41th and Rehabilitative Services and which will or may cause damage or
hnzards to the WWF or its operating personnel.
5. Storm water, surface water, groundwnter, nrtesiQn well wnter, roof
runoff, subsurface drainage, swimming pool Discharges, uncontaminnted cooling water,
unpolluted Industrial process waters, air-conditioning condensate, unless specifically
authorized by the Control Authority in writing.
6. Domestic Wastes from septic tanks, portnble toilets, on-site
wastewnter systems or other similar facilities, unless approved by the Control Authority in
writing. Such Discharges shall only be made at a site approved by the Control Authority.
7. Mineral oil in excess of one hundred (100 ) mg/L or animnl/vegetable
fnts, wax, grease, or oils in excess of seventy five (75 ) mg/L, whether emulsified or not;
or substances which muy solidify or become viscous nt temperatures lower than or equal to
one hundred fifty (150) degrees (150 degrees Fahrenheit).
8. All trucked or hauled Pollutants are prohibited except at Discharge
points designnted by the Control Authority.
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9. Inert suspended solids (such as, but not limited to, Fullers earth, lime
slurries, and lime residues) or dissolved solids (such as, but not limited to, sodium chloride
and sodium sulfate) in such concentrations as to Pnss Through or cuuse Interference with
the operations of the WWF.
10. Waste or Wastewctter having Q pH lower than 5 exhibiting any
corrosive property which either singly or by interaction with other wastes is c4pnble of
causing damage or hnzard to structures, processes, equipment, or personnel of the WWF.
11. Waste or Wastewater having a pH higher than 10 which either singly
or by internction with other wastes is cnpable of causing dnmage or hazard to structures,
processes, equipment or personnel of the WWF.
12. BOD, COD, or chlorine in such concentration nnd/or flow as to
constitute a significant load on or shock to the WWF or cause Interference.
13. Volume of flow or concentrations of wastes constituting "Slugs" as
defined herein.
14. Liquid or vapor having a temperature higher than one hundred thirty
degrees Fnhrenheit(130° F), which will inhibit biologica) activity in the treatment plant
resulting in Interference, or that causes influent temperature to the WWF to exceed one
hundred four degrees Fahrenheit (104° F.), except where higher tempercttures are
required by law.
15. Solid or viscous substances in such quuntities or of such size as to be
capable of c4using obstruction to the flow in a Sewer, or other Interference with the
proper operation of any connected system, such as but not limited to: ordinances greater
than one-half ( 2) inch in any dimension, grease, uncomminuted food wastes, animal entrails
or tissues, paunch mctnure, bones, hair, hides or fleshings, whole blood, feathers, ashes,
cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass
clippings, rags, spent grains or hops, waste paper, wood plastics, rubber stoppers, tar
asphalt residues from refining or processing of fuel or lubricating oil, gasoline, naphthn,
and similar substances either whole or ground.
16. Excessive discoloration which can not be removed by the treatment
process, such as but not limited to dye, printing wastes, and vegetable tnnning solutions
which impArts color to the WWF effluent thereby violating the NPDES permit held by n
Control Authority.
17. Medical Wastes, except as specificully authorized by the Control
Authority in writing.
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18. Detergents, surface-active agents, or other substances which may
cause excessive foctming in the WWF.
19. Any sludges, screenings, or other residunls from the Pretreatment of
industrial wastes.
20. Toxic gases, vapors, or fumes in n quantity that mny cause acute
worker heulth and safety problems.
21. Waste or wastewater that contains more than two thousand (2,000)
ppm total solids.
22. Water or wastewater that contQins substances in excess of the
standnrd strength for wastewater as def ined:
B.O.D.
Suspended solids (55)
Standnrd strength
250 mg/I
250 mg/I
Maximum allowable
1,000 mg/I
1,000 mg/I
B. Complicnce With Nntional nnd Local Stnndnrds. It shall be unlawful for
any person to Discharge any Pollutant into the WWF except when the such Discharge is in
compliance with federal stAndards promulgnted pursuant to the Act, nnd any other more
stringent state and local standurds. Wnstes containing concentrations in excess of the
Nntional Categorical Pretreatment Standards are prohibited.
C. Locnl Pretreatment Stnndnrds. Any wastes containing concentrations in
excess of the following Local Pretrecttment Stnndards nre prohibited:
POl.LUTANT
BO~
CO~
FATS, OILS AND GREASE
HYDROGEN SULFIDE
MINERAL OR PETROLEUM OIL
TOTAL SUSPENDED SOLIDS
TOTAL SOLIDS ~
ARSENIC
CADMIUM
CHROMIUM
COPPER
CYANIDE
LEA D
MAX ~AILY LIMIT
1000 ma/L ~
1000 ma/L ~
75 ma/L
10 ma/L
100 mq/L
1000 ma/L
2000 ma/L ~
0.34 ma/L ~
0.12 ma/L ~
12.7 ma/L ~
3.11 ma/L
0.58 ma/L
0.74 mq/L ~
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MERCURY 0.06 ma/L
~ NICKEL 2.57 ma/L ~
~ SELENIUM 1.99 ma/L ~
SILVER 3.17 ma/L ~
ZINC 2.67 ma/L ~
~H 5.0 to 10.0 ma/L ~
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The above limits apply at the point where the Wastewater is discharged to the
WWF. The Control Authority may impose mctss limitations, instantaneous maximum
limitations, maximum monthly average values, or maximum four (4) day nverage values, in
addition to, or in plQCe of, the limitations listed nbove. The District mav modifv the above
Local Pretrentment Standnrds from time to time as needed bnsed on reaulatorv
reauirements and stnndards. WWF oneration. derformance nnd nrocesses, the industrial
user base. botable water aualitv and domestic wastewater characteristics bv Resolution of
the District. such modif ications effective thirtv (30) davs from notice of nccedtance of
the modified limits bv F~EP. A codv of the adnroved Loc41 Pretreatment Standards is
avnilable upon reauest at the District office. 2300 Virainia Avenue. Ft. Pierce. FL 34982.
As a courtesv, permitted SIUs shall also be issued an addendum to their wastewater
discharQe permits containina the new local limits, provided such new local limits shall nbnlv
to each permitted SIU notwithstandina whether an addendum is issued or not.
D. Right of Revision. The District authorizes FPUA nnd each Other Bulk
Service Provider to establish, by Ordinance, Resolution or in Permits, more stringent
limitations or requirements on Dischnrges to the WWF if deemed necessary, nnd such
more stringent limitation or requirements shall be automQtically incorporated +r:;~ ~r~d
~c ~ r~-y ~e-6ede without further action bv the District into and made a nart of
the Local Pretreatment Standards for Wastewnter discharaed to such Bulk Service
provider's WWF. effective thirtv (30) dnvs from notice of accedt4nce of the modified
limits bv FDEP.
E. Dilution. No User shall ever increase the use of process water, or in any
way attempt to dilute a ~ischarge, as n partia) or complete substitute for adequate
treatment to achieve compliance with the limitations unless expressly authorized by an
applicable Federal Categorical PretreQtment Stnndard, or in uny other Pollutant-specific
limitation developed by the State. The Control Authority may impose mass limitations on
Users which nre using dilution to meet npplicable Pretreatment Standards or
Requirements, or in other cases when the imposition of mnss limitations is appropriate.
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F. Septic Tnnk Wnste Hauling.
1. Septic Tank Waste may be introduced into the WWF only at un
approved septic receiving station located ut a WWF as provided below.
2. Any Septage Hauler shall have Q Dischnrge permit issued under
conditions specified in Section 1-20.5-84 of the Code.
3. No hauled locad may be dischctrged without prior written consent from
the Control Authority. Samples may be collected from each load to ensure compliance with
applicable standnrds. The Septage Hauler mny be required to provide waste annlysis of any
lond prior to discharge.
4. Septage Haulers must provide a waste trncking form for every load.
The form shall include, nt a minimum, the name and Qddress of the waste hauler, permit
number, truck identification, names and addresses of sources of waste, volume and
characteristics of waste. This form shall identify the type of industry known or suspected
waste constituents and whether any wastes are RCRA hnz4rdous wastes.
G. Control of dischcrge. If any Wastes or Wastewaters are discharged, or
are proposed to be dischctrged, to the WWF which contain the substances or possess the
characteristics enumerated in Section 1-205-82 ns prohibited by the Code, does not meet
applicable Pretrentment Standnrds and Requirements, nnd/or which muy have a deleterious
effect upon the WWF, its processes, equipment, or receiving waters, or which otherwise
create a hazard to life or constitute a public nuisance, the Control Authority may:
1. Reject the wnstes or deny or condition the introduction of New
Sources of Wctstewater to the WWF; or
2. Require the User to demonstrate thctt in-plant improvements will
modify the Discharge to such a degree as to be acceptable; and/or
3. Require Pretreatment of the User's Discharge to ensure compliance
with this Ordinance; and/or
4. Require payment of an industrial waste surcharge to cover the added
cost of hnndling nnd treQting excess loads imposed on the WWF by such Discharge.
Approval of industrial waste surchnrges for the recovery of treatment costs does not
replnce or supersede the requirements for Pretreatment facilities, should they be found
necessary by the Control Authority.
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Sec. 1-20.5-83 Pretrentment remnins unchanged.
Sec. l-20.5-84 Industrinl Wnstewnter ~ischarge Permit.
A. Application for Discharge Permit.
1. No Industrinl User shall discharge wnstewater into the wastewater
facility without first applying for a Discharge Permit. The Control Authority may require
QII other Users to obtain Permits as necessary to carry out the purposes of this
Ordinnnce. Any violation of the terms and conditions of a Permit shall be deemed a
violation of the Code and shall subject the permittee to sanctions set out in Sections 1-
20.5-88 and 1-20.5-89 of the Code. Obtnining a Permit does not relieve a permittee of its
obligation to comply with all Federal and State Pretreatment Standurds or Requirements
or with any other requirements of Federal, State, und local law. The District Quthorizes
FPUA and each Other Bulk Service Provider to review the District Permit annlication form
from time to time Qnd to estnblish bv Ordinance or Resolution more strinaent Permit
application contents if deemed necessarv and such more strinaent Permit addlication
contents shall be automuticallv andlicable unon submittal to the District.
2. All prospective Industrial Users must submit to the Control
Authority the appliccttion fee and information on the nature and characteristics of their
wastewater by completing a Permit 4pplication / wastewater survey at least one hundred
and ninety (90) days prior to the date upon which nny Discharge will begin. The Control
Authority is nuthorized to prepure a form for this purpose and mny periodically require
Users to update the survey. Information to be provided with the survey may include
description of the industrial activity, specifications of the constituents inherent to the
processes and wastes, identification of the wastewater characteristics, plumbing
diagrams, location of sampling points, number of employees and hours of operation, nnd any
other informQtion deemed necessary by the Control Authority to evaluate the permit
application. Failure to complete this survey shall be reasonnble grounds for termin4ting
service to the User and shnll be considered a viol4tion of the Code.
3. Within sixty (60 ) dnys of receipt of a complete Permit application,
the Control Authority will determine whether or not to issue n Permit. The Control
Authority may deny any applicntion for a Permit.
B. Applicntion Signatories nnd Certificntion. All Permit applicntions and User
reporting must be signed by an authorized representative of the User nnd contain the
following certification statement:
"I certify under penalty of law th4t this document and all
attnchments were prepared under my direction or supervision
in accordance with a system designed to assure that qualified
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personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who
munage the system, or those persons directly responsible for
gathering the inform4tion, the information submitted is, to
the best of my knowledge and belief, true, accurate, and
complete. I am uware that there are significant penalties for
submitting fnlse information, including the possibility of fine
and imprisonment for knowing violations."
All Categorical Industrial Users must comply with the signatory requirements of
Rule 62-625.600(11) F.A.C.
C. Permit Issuance Process.
1. Permits shall be expressly sub ject to all provisions of this Ordinance
and all other applicable regulntions. The cost of snid permit shall be incurred by the User
in accordance with the fee schedule as set forth in Section 1-20.5-89 of the Code.
2. Permit duration shall not exceed five (5) years from the dQte of issuance
nnd upon expiration of same, n renewnl permit mny be issued which shall be effective for
an additional five (5) years provided that the conditions of the existing permit have not
changed and the appropriute renewal fees have been paid. The permit shall be displayed by
the User in a location ut the permitted facility so as to be seen und read by the general
public.
3. Permits shall contain at a minimum, the following conditions:
a. A statement that indicates Permit duration;
b. A statement of non-trnnsferability;
c. Pretreatment Standards and effluent limits applicable to the
User based on applicable standurds in Federal, State, and local law;
d. Self monitoring, sampling, reporting, notification, and record
keeping requirements to include identif ication of Pollutant(s) to be monitored, sample
Iocation(s), snmple frequency, and sample type;
e. Statement of applicable civil, criminal, and Qdministrative
penalties for violation of Pretreatment Standards and Requirements.
4. Permits may contain the following ndditional conditions:
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a. The unit charge or schedule of User charges and fees far
management of the wastewuter to be dischurged to the WWF;
b. Limits on the instuntaneous, duily, monthly average and/or
four (4) day maximum concentration, mass, or other measure of identif ied wastewater
constituents and characteristics;
c. Limits on the average and/or mnximum rate and time of
dischurge and/or requirements for flow regulQtions nnd equalization;
d. Requirements for installation and maintenance of inspection
fncilities, and flow metering and sampling equipment;
e. Requirements for the installation of Pretrecttment technology,
pollution control, or construction of appropriate contQinment devices, designed to reduce,
eliminnte, or prevent the introduction of Pollutants into the WWF;
f. Development and implementation of spill control plans or other
specia) conditions including manngement practices necessary to adequately prevent
nccidental, unnnticiputed, or routine Discharges;
g. Development and implementation of waste minimization plnns
to reduce the Qmount of Pollutants discharged to the WWF;
h. A statement that compliance with the Permit does not relieve
the permittee of responsibility for compliance with al) applicable Federnl and State
Pretreatment Standards, including those which become effective during the term of the
Permit;
i. Other conditions us deemed appropriate by the Control
Authority to ensure compliance with the Code, und Federal nnd State laws, rules, and
regulntions.
5. The District authorizes FPUA and each Other Bulk Service
Provider to review from time to time the District's Permit form and to establish bv
Ordinnnce or Resoli~ti~n more stringent Permit contents if deemed necessnrv and such
more strinaent Permit contents shall be automnticallv nddlicable udon submittal to the
~istrict.
D. Complinnce Schedules. If additional Pretreatment and/or operation and
maintenance will be required to meet the Pretreatment Standards, the User shall submit
to the Control Authority for approval und incorporation in the permit the shortest
schedule by which the User is to provide additionnl Pretreatment. The completion date in
this schedule shall not be later than the compliance d4te established for the applicable
Pretreatment Stnndards. The compliance schedule shall meet the requirements set out in
Section 1-20.5-85 of the Code.
E. Permit Trnnsfer. Permits are issued to a specific User for a specific
operntion. A Permit may not be reassigned, transferred or sold to n new owner or new User
unless the permittee gives nt least ninety (90) days advance written notice to the Control
Authority and the Control Authority approves the Permit transfer. The notice to the
Control Authority shall include Q written certificntion by the new owner and/or User thnt:
1. Stntes that the new owner and/or User has no immediate intent to
change the facility's operutions and processes;
2. Identifies the specific date on which the transfer is to occur;
3. Acknowledges full responsibility for complying with the terms and
conditions of the existing permit.
Fnilure to provide advnnce notice of a transfer renders the Permit voidable on the
d4te of facility transfer.
F. Permit Modificntion. Permits mQy be modified by the Control Authority for
good cause including, but not limited to the following:
1. To incorporate any new or revised Federal, State, or local
Pretreatment Stnndards or Requirements;
2. To address significant ulterations or additions to the User's
operation, processes, or wastewater volume or character since the time of Permit
issuance;
3. A change in the WWF that requires either n temporary or permanent
reduction or elimination of the authorized Discharge;
4. Information indicating that the permitted Discharge poses a thrent
to the WWF, the Control Authority's personnel, or the receiving wuters;
5. Violations of any terms or conditions of the Permit;
6. Misrepresent4tions or failure to fully disclose all relevant facts in
the Permit application or in any required reporting;
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7. Revision of or a grunt of variQnce from Categorica) Pretreatment
Standards pursuant to 40 CFR 403.13 and Rule 62-625.700, F.A.C.;
8. To correct typographical or other errors in the Permit;
9. To reflect a transfer of the facility ownership and/or operation to a
new owner/operator if approved by the Control Authority; or
10. Upon request of the permittee, provided such request does not
create a violation of any npplicable requirements, stnndards, luws, or rules nnd regulations.
User requests for permit modifications shall be made in writing and include facts or
reasons which support the request. When modifying a permit, the Control Authority shall
allow a reasonable time frame for the User to comply with the new or changed conditions
if the User cannot meet them at the time of the modification nnd if permitted by law. If
the new or changed conditions are the result of new or changed Pretrentment regulations,
those regulations will stipulate the complinnce period. The filing of u request by the
permittee for a Permit modification does not stay any Permit condition.
G. Permit Revocntion. Permits may be revoked for the following reasons:
1. Failure to notify the Control Authority of significant changes to the
wastewnter prior to the changed Discharge.
2. Failure to provide prior notificntion to the Control Authority of
changed condition pursuant to Section 1-20.5-85 of the Code.
3. Misrepresentation or fnilure to fully disclose all relevant facts in the
Permit npplicution.
4. Falsifying self monitoring reports.
5. Tampering with monitoring equipment.
6. Refusing to allow the Control Authority timely nccess to the fncility
premises and records.
7. Failure to meet effluent limitations.
8. Failure to pny pennlties.
9. Fai lure to pay Sewer charges.
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10. Failure to meet compliance schedules.
11. Failure to provide ndvance notice of the transfer of a permitted
fctci I i ty.
12. Violation of any Pretrentment Standard or Requirement, or nny terms
of the Permit or the Code.
13. Indication thnt the Dischnrge presents n threQt to the environment
or threatens to interfere with the operation of the WWF.
Permits shall be voidable upon nonuse, cessation of operations, or transfer of
business ownership (except ns addressed herein). All Permits nre void upon the issunnce
of a new Permit.
H. Appenl of Permit Revocation.
1. Authorization to discharge industrial waste into the WWF shall
continue in effect unless or until rescinded by the Control Authority in writing. In the
event that the Control Authority revokes the authorization of any User to dischnrge
wastes into the WWF, notification of such revocation shall be delivered to the User by
certified mail or by hand delivery.
2. Any system User whose authorizntion to discharge has been revoked
may appeal the decision of the Control Authority. The appeal shall be sent in writing by
certified mail, return receipt requested, to the Control Authority's code enforcement
department within fifteen (15) days of receipt of the Control Authority's notification to
cease discharge.
3. The code enforcement department muy affirm, reverse, or modify
the order of the Control Authority and shal) issue its decision in writing. The Control
Authority's order to cease discharge of wastes into the WWF shall not become effective
until the period for appeal hns expired, or in the event thcat an nppea) hns been filed, until
the code enforcement department has rendered u decision, unless the Control Authority
has made n finding that continued discharge by the User into the WWF constitutes Q clear
and present danger to the operations of the WWF or to the henlth of the public, or to the
environment. Any such finding shull be included in the Control Authority's notif ication to
cease discharge, and in such event, the revocation of authorizntion to dischnrge wastes
shall become effective immediately.
J. Pe~mit Renewnl. All permittees must apply for Q permit renewal a minimum
of ninety (90) days prior to the expirntion of the existing permit. The reapplication for a
permit shnll consist of a written request for reissuance of the permit. The request shall
-14-
stnte if all terms nnd conditions of the existing permit and Code are complied with nnd
must be signed by nn authorized representative of the User.
K. Specinl Agreements. The District reserves the right to enter into specinl
agreements with the FPUA and Other Bulk Service Providers setting out special terms
under which they may discharge to the WWF. In no case will a speciai ngreement wnive
complinnce with a Categorical Pretreatment Standard or Requirement.
L. Regulntion of Discharge from Other Jurisdictions. In the event another
jurisdiction or municipQlity contributes all or a portion of its wastewater to an Other Bulk
Service Providers to dischurge to the WWF, the Control Authority to whom the other
jurisdiction or municipality contributes wnstewater shall require the jurisdiction or
municipality to enter into un multi- jurisdictional agreement with the Control Authority.
Prior to entering into a multi- jurisdictionai ngreement, the Control Authority may request
the contributing jurisdiction provide the following information:
1. A description of the quQlity nnd volume of the wastewater(s) at the
point where it enters the WWF from the contributing jurisdiction.
2. An inventory of all Industrial Users within the contributing
jurisdiction.
3. Such information ns may be required by the other jurisdiction.
A multi- jurisdictional agreement as required above, shnll contain the following
conditions:
1. A requirement for the contributing jurisdiction to adopt an Ordinance
which is at least ns stringent as the Code and local limits which ure at least ns stringent as
those set out in Section 4 for those Users that discharge to the WWF. The requirement
shnll specify that the Ordinance and limits must be revised ns necessary to reflect
changes made to this Code.
2. A requirement for the contributing jurisdiction to submit a revised
Industrial User inventory on at least an annual basis.
3. A requirement for the contributing jurisdiction to:
a. Conduct Pretrentment implementation activities including
Industricil User permit issuance, inspection and sampling, and enforcement; or
b. Authorize the Control Authority to take or conduct the
activities on its behalf.
-1s-
4. A requirement for the contributing jurisdiction to provide the
Control Authority with access to all informution that the contributing jurisdiction User or
municipal User obtains as part of its Pretreatment activities associated with the WWF.
5. Limits on the nature, quality, and volume of the contributing
jurisdiction wastewater nt the point where it discharges to the WWF.
6. Requirements for monitoring the Dischnrge.
7. A provision ensuring the Control Authority access to the f4cilities of
Users (ocated within the contributing jurisdiction's jurisdictional boundaries for the
purpose of inspection, sampling, and any other duties deemed necessary by the Control
Authority.
8. A provision specifying remedies avQilable for breach of the terms of
the multi- jurisdictional agreement.
Sec. 1-20.5-85 Reporting Requirements.
A. Bnseline Monitoring Reports. Within either one hundred eighty (180) days
after the effective dctte of a Cutegoricnl Pretreatment Standard, or the final
administrative decision on a cntegory determination under Rule 62-625.410(2)(d), F.A.C.,
whichever is later, existing Ccttegorical Industrial Users currently dischnrging to or
scheduled to dischctrge to the WWF shall submit to the Control Authority a report which
contains the information listed numerically below. At least ninety (90) days prior to
commencement of their Discharge, New Sources, nnd sources that become Categorical
Industrial Users subsequent to the promulgation of an upplicable Categorical Stnndard,
shall submit to the Control Authority a report which contains the informution listed
numerically below. A New Source shnll report the method of Pretreatment it intends ta
use to meet applicable Cntegoricnl Standards. A New Source also shnll give estimates of
its anticipated flow and quantity of Pollutnnts to be dischnrged.
1. Identifying Informotion. The name nnd address of the facility,
including the name of the operator nnd owner.
2. Environmental Permits. A list of any environmental control permits
held by or for the facility.
3. Description of Operations A brief description of the nature,
avernge rate of production, and standard industrial classifications of the operation(s)
cnrried out by such User. This description should include a schematic process dingram
which indicates points of discharge to the WWF from the regulated processes.
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4. F/ow Measurement. Informution showing the meusured avernge dai ly
and mctximum daily flow, in gallons per day, to the WWF from regulated process streams
and other strectms, as necessnry to allow use of the combined waste stream formula set
out in Rule 62-625.410(6), F.A.C.
5. Measurement of Pollutants
a. The Categorical PretreQtment Stnndards applicctble to each
regulated process.
b. The results of sampling and annlysis identifying the nature and
concentration, nnd/or mass, where required by the standard or by the Control Authority,
of regulnted Pollutants in the Discharge from euch regulated process. Instantnneous,
daily maximum, and long-term average concentrations, or mcass, where required, shall be
reported. The sumple shall be representative of daily operations and shall be analyzed in
accordance with procedures set out in Section 1-20.5-85(J) of the Code.
c. Snmpling must be performed in accordance with procedures
set out in Section 1-20.5-85(K) of the Code.
6. Ce~tification. A statement, reviewed by the User's nuthorized
representative and certified by a qunlified professional, indicating whether Pretreatment
Standards are being met on Q consistent basis, and, if not, whether additional operation
and maintenance (O&M) and/or additionul Pretreatment is required to meet the
Pretreatment Standards and Requirements.
7. Compliance Schedule. If additioncal Pretreatment nnd/or O&M will be
required to meet the Pretreatment StQndards, the shortest schedule by which the User
will provide such additional Pretreatment und/or O&M. The completion date in this
schedule shall not be IQter than the compliance date established for the npplicnble
Pretreatment Standard. A compliance schedule pursunnt to this section must meet the
requirements set out in Section 1-20.5-85(6) of the Code.
8. Signatu~e ond Certification. All baseline monitoring reports must be
signed nnd certified in accordance with Section 1-20.5-84(B) of the Code.
B. Complinnce Schedule Progress Reports. The following conditions shall apply
to the compliance schedule required by Sections 1-20.5-84 and 1-20.5-85 of the Code.
1. The schedule shall contain progress increments in the form of dates
for the commencement and completion of ma jor events leading to the construction and
operation of additional Pretreatment required for the User to meet the applicnble
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Pretreatment Standards (such events include, but are not limited to, hiring an engineer,
completing preliminary und final plans, executing contracts for major components,
commencing and completing construction, and beginning and conducting routine operation);
2. No increment referred to above shall exceed nine (9) months;
3. The User shall submit a progress report to the Control Authority no
later than fourteen (14) duys following each date in the schedule and the f in41 date of
compliQnce including, as ct minimum, whether or not it complied with the increment of
progress, the reason for any delay, und, if nppropriQte, the steps being tQken by the User
to return to the established schedule; and
4. In no event shall more than nine (9) months elapse between such
progress reports to the Control Authority.
C. Reports on Compliance with Categorical Pretrentment Stnndnrd Dendline.
Within ninety (90) dctys following the date for final compliance with upplicable
Categorical Pretreatment Standnrds, or in the case of the New Source following
commencement of the introduction of wastewater into the WWF, nny User subject to such
Pretreatment Standurds and Requirements shall submit to the Control Authority a report
contQining the information described in Section 1-20.5-85 of this Code. For Users subject
to equivalent mass or concentration limits estnblished in accordance with the procedures
in Rule 62-625.410(4), F.A.C., this report shal) contQin Q rensonable measure of the User's
long-term production rate. For all other Users subject to Categorical Pretreatment
Stand4rds expressed in terms of allowable Pollutant discharge per unit of production (or
other meusure of operation), this report shall include the User's actual production during
the approprinte sampling period. All compliance reports must be signed and certified in
accordance with Section 1-20.5-84(B) of this Code.
D. Periodic Compliance Reports
1. All Significant Industrial Users shnll, at a frequency determined by
the Control Authority but in no case less than twice per year (in June and December),
submit a report indicating the nnture and concentration of Pollutants in the Discharge
which are limited by Pretrentment Standards and the measured or estimated nverage and
mnximum daily flows for the reporting period. All periodic compliance reports must be
signed nnd certified in uccordance with Section 1-20.5-84(B) of this Code.
2. All wastewater samples must be representative of the User's
pischnrge. Wnstewnter monitoring and flow measurement facilities shall be properly
operated, kept clean, and mQintained in good working order at all times. The failure of a
User to keep its monitoring fncility in good working order shall not be grounds for the
-~8-
User to cluim that sample results are unrepresentative of its Discharge. All samdlina and
annlvses shall comdlv with the reauirements of Rule 62-625.500f2)le). F.A.C.
3. If a User subject to the reporting requirement in this section
monitors any Pollutant more frequently than required by the Control Authority, using the
procedures prescribed in Section 1-20.5-85(K) of this Code, the results of this monitoring
shall be included in the report.
E. Reports of Chnnged Conditions. Each User must notify the Control
Authority of any planned significnnt changes to the User's operutions or system which
might alter the nctture, quality, or volume of its wastewater at least sixty (60) dnys before
the chnnge.
1. The Control Authority may require the User to submit such
information ns mny be deemed necessctry to evaluate the changed condition, including the
submission of a Discharge Permit applicntion under Section 1-20.5-84 of this Code.
2. The Control Authority may issue a Permit under Section 1-20.5-84 of
this Code or modify an existing Permit in response to changed conditions or anticipated
changed conditions.
3. For purposes of this requirement, significant changes include, but are
not limited to, flow increases of twenty-five percent (25%) or grenter, and the dischnrge
of any previously unreported Pollutnnts.
F. Reports of Potential Problems
1. In the cuse of nny Discharge, including, but not limited to, accidental
Discharges, ~ischarges of a non-routine, episodic nature, a non-customary bntch
Discharge, or ct Slug load, that mQy cause potential problems for the Control Authority,
the User shall immediutely telephone and notify the Control Authority of the incident.
This notification shall include the location of the Discharge, type of waste, concentration
nnd volume, if known, and corrective actions taken by the User.
2. Within f ive (5) days following such Discharge, the User shall, unless
waived by the Control Authority, submit a detQiled written report describing the cause(s)
of the Discharge and the measures to be taken by the User to prevent similar future
occurrences. Such notification shnll not relieve the User of nny expense, loss, damnge, or
other liability which may be incurred as a result of damage to the WWF, natural
resources, or nny other dnmage to person or property; nor shall such notif ication relieve
the User of any fines, penalties, or other linbility which mQy be imposed pursuunt to this
Ordinance.
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3. A notice shall be permanently posted on the User's bulletin board or
other prominent place advising employees whom to call in the event of Q Discharge
described in Paragraph 1, above. Employers shctll ensure thnt all employees, who may cnuse
such Q Discharge to occur, are advised of the emergency notification procedure.
6. Reports from Unpermitted Users. All Users not required to obtain a
Permit shall provide appropriate reports to the Control Authority as the Contro) Authority
may require.
H. Notice of Violntion/Repeat Snmpling nnd Reporting. If sampling
performed by a User indicates a violntion, the User must notify the Control Authority
within twenty-four (24) hours of becoming aware of the violation. The User shall also
repeat the sampling and nnalysis nnd submit the results of the repent analysis to the
Control Authority within thirty (30) dnys after becoming awnre of the violation. The User
is not required to resample if the Control Authority monitors nt the User's fncility nt least
once a month, or if the Control Authority samples between the User's initinl sampling and
when the User receives the results of this sampling.
I. Notificntion of the Discharge of Hnznrdous Wnste
1. Any User who commences the discharge of haznrdous waste shall
notify the Control Authority, the EPA Regionul Waste Manngement Ordinance Director,
and State hazardous wnste authorities, in writing, of any Discharge into the WWF of a
substance which, if otherwise disposed of, would be n hazardous waste under 40 CRF Part
261. Such notification must include the name of the hazardous waste as set forth in 40
CFR Part 261, the EPA hazardous waste number, nnd the type of Dischurge (continuous,
batch, or other). If the User discharges more than one hundred (100) kilogrctms of such
waste per calendnr month to the WWF, the notificntion also shnll contain the following
information to the extent such information is known nnd rendily availnble to the User: an
identification of the hazardous constituents contained in the wastes, an estimation of the
mass and concentration of such constituents in the wctste stream discharged during that
calendnr month, and an estimation of the mass of constituents in the waste stream
expected to be discharged during the following twelve (12) months. All notifications must
tnke place no IQter than one hundred nnd eighty (180) days after the discharge
commences. Any notif icntion under this paragruph needs be submitted only once for each
hazardous wQSte dischnrged. However, notif ications of changed conditions must be
submitted under Section 1-20.5-85 of this Code. The notification requirement in this
section does not opply to Pollutnnts already reported by Users sub ject to Categorical
Pretreatment Standards under the self-monitoring requirements of Section 1-20.5-85(E)
of this Code.
2. Dischargers are exempt from the requirements of Paragraph 1,
ubove, during a calendar month in which they dischnrge no more than fifteen (15) kilograms
-20-
of hazardous wastes, unless the wastes are acute haznrdous wastes as specified in 40 CFR
261.30(d) and 261.33(e). Discharge of more thun fifteen (15) kilograms of nonacute
hazurdous wastes in a calendar month, or of any quantity of ncute hnznrdous wastes as
specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent
months during which the User discharges more than such quantities of any hazardous
waste do not require additional notification.
3. In the case of any new regulntions under Section 3001 of RCRA
identifying ctdditional chnracteristics of hQZardous waste or listing any ndditional
substance as a hazardous waste, the User must notify the Control Authority, the EPA
Regional Waste Management Waste Ordinance Director, and State haznrdous waste
authorities of the Discharge of such substance within ninety (90) dQys of the effective
date of such regulations.
4. In the case of any notification made under this section, the User
shall certify that it hns a program in place to reduce the volume and toxicity of hazardous
wastes generuted to the degree it has determined to be economically practical.
5. This provision does not create a right to discharge nny substnnce not
otherwise permitted to be discharged by this Code, a permit issued thereunder, or any
applicable Federal or State law.
J. Annlytical Requirements. All Pollutnnt analyses, including sampling
techniques, to be submitted ns part of a Permit applicntion or report shnll be performed in
accordnnce with the techniques prescribed in 62-625.600(1)(e), F.A.C., unless otherwise
specified in un applicnble Categorical Pretreatment Standnrd; or the sQmpling or analytical
techniques for the Pollutant in question is not given for the Pollutant in question, sampling
nnd annlyses must be performed in uccordance with procedures npproved by EPA.
K. Snmple Collection
1. Except as indicated in Paragraph 2, below, the User must collect
wnstewater samples using flow proportional composite collection techniques. In the event
flow proportional sumpling is infeasible, the Control Authority mny uuthorize the use of
time proportionnl sQmpling or a minimum of four (4) grab samples where the User
demonstrates that this will provide a representQtive sample of the effluent being
discharged. In uddition, grab snmples may be required to show compliance with
instantaneous Discharge limits.
2. Samples for oil and grease, temperature, pH, cyanide, phenols,
sulfides, and volatile orgnnic compounds must be obtQined using grab collection techniques.
-21-
L. Timing. Written reports will be deemed to hctve been submitted on the
date postmarked. For reports which are not mailed, postage prepuid, into a mail fncility
serviced by the United Stntes Postal Service, the date of receipt of the report shall
govern.
M. Records. Any Industrial User sub ject to the reporting requirements in this
Code is required to retain for n minimum of five (5) years ctny records of monitoring
activities and results, nnd shall make records avnilnble for inspection or photocopying by
the Control Authority or state or federal officials. Records shall include the date, exact
place, method and time of sampling nnd the name of the person(s) tnking the samples; the
dates analyses were performed; who performed the nnnlysis; the ctnQlytical techniques or
methods used and the results of sQid analyses. The five (5) yenr period shall be
automatically extended for the duration of any litigntion concerning the User, the Control
Authority or where the User has been specifically notified of n longer retention period by
the Control Authority.
Sec. 1-20.5-86 through Sec. l-20.5-89 remnin unchnnged.
Section 1-20.5-90. Civi) and Criminal Remedies.
In addition to the administrative fines provided in Sections 1-20.5-88 and 1-20.5-
89, to the extent permitted by State law, the Control Authority is hereby ctuthorized to
institute any nppropriate action or proceeding, including suit for damages, in junctive relief
and civil penalties to be determined by the Control Authority per day per violation, in
order to prevent or abate violntions of this Code or to recover Damnges as provided in
Section 1-20.5-86. In accordance with Rule 62-625.500(2)(a)5.a.. F.A.C., the District shall
impose minimal civil nnd criminal nennlties of $1.000.00 der dav der violation. The Control
Authority may recover reasonable attorneys' fees, court costs, and other expenses
associnted with enforcement activities, including sampling nnd monitoring expenses, nnd
the cost of nny Damages incurred by the Control Authority.
A. Injunctive Relief. When the Control Authority finds thnt n User has
violated, or continues to violnte, nny provision of this Code, a Permit, or
order issued hereunder, or any other Pretreatment Standnrd or
Requirement, the Control Authority may petition the Circuit Court for the
issuQnce of a temporary or permanent in junction, as appropriate, which
restrains or compels the specific performnnce of the Permit, order, or other
requirement imposed by this Code on activities of the User. The Control
Authority may also seek such other action as is appropriate for 1eg41 and/or
equitable relief, including a requirement for the User to conduct
environmental remediation. A petition for injunctive relief shall not be n bar
against, or n prerequisite for, taking uny other action agc-inst n User.
-22-
B. Criminnl Prosecution.
1. A User who willfully or negligently violates any provision of this Code,
a Permit, or order issued hereunder, or any other Pretreatment Stnndard or Requirement
shall, upon conviction, be guilty of a misdemeanor, punishable by Q fine of not more than
the maximum fine allowed under State Iaw per violation, per day, or imprisonment, or both.
2. A User who willfully or negligently introduces any substance into the
WWF which causes personal injury or property damage shall, upon conviction, be guilty of a
misdemeanor and be sub ject to a penalty of at least the maximum fine allowable under
State law, or be subject to imprisonment, or both. This penalty shall be in addition to any
other cQUSe of action for personnl injury or property dnmage availnble under State law.
3. A User who knowingly makes any false statements, representations,
or certifications in ctny application, record, report, plan, or other documentAtion filed, or
required to be maintnined, pursuant to this Code, Permit, or order issued hereunder, or
who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or
method required under this Code shnll, upon conviction, be punished by a f ine of not more
than the maximum fine allowable under State Ictw per violation, per day, or imprisonment or
both.
4. In the event of a second conviction, a User shal) be punished by a fine
of not more than the mnximum fine allowable under State law per violation, per day, or
imprisonment, or both.
C. Annunl Publicntion Of Sianificant Violntors. A list of all Users that have
been in sianificant noncomnliance with atidlicnble Pretreatment Standards and
reauirements durina the twelve (121 drevious months will be nnnuallv nublished bv the
Control Authoritv in the laraest dailv newsnaper dublished in the Citv of Fort Pierce. For
purposes of this Section. a User is in sianificant noncomdliance if its violntion meets one or
more of the followina criterin:
1. Chronic violations of Wastewater discharae limits, def ined here as those in which
sixtv-six dercent (66%) or more of all of the measurements taken durina a six-
month neriod exceed (bv anv ma4nitude~ the duilv maximum limit or the avernae
limit for the same Pollutant darameter.
2. Technicul Review Criterin (TRCI violations. defined here as those in which thirtv-
three nercent (33%1 or more of all of the measurements for euch Pollutant
pnrameter taken durina u six-month deriod eaual or exceed the nroduct of the dQilv
-23-
maximum limit or the uveraae limit multidlied bv the annlicable TRC (TRC = 1.4 for
BOD. T55. Total Fats. Oil und Grease. und 1.2 for nll other Pollutants excebt dH)~
3. Anv other violation of a Pretreatment effluent limit (dailv maximum or lonaer-term
averaae~ that the Control Authoritv determines hns caused. alone or in combination
with other Discharaes. Interference or dass throuah (includin4 endan4erina the
henlth of FPUA personne) or the aeneral dublic)~
4. Anv Dischnrae that has resulted in the Control Authoritv's exercise of its
emeraencv authoritv under Chanter 62-625.500f2~(aa5.b to halt or prevent such a
Dischar4e,
5. Failure to meet. within ninetv (90) davs after the schedule date. a compliance
schedule milestone contctined in a control mechanism or enforcement order for
startina construction. comdletino construction. or ctttainina final comdliance.
6. FQilure to drovide. within thirtv (30) duvs nfter the due dnte, reauired reborts such
as Baseline Monitorin4 Renorts. 90-dav Comdlinnce Renorts. neriodic Self-
Monitorina Redorts. and redorts on comdliance with comdliance schedules.
7. Failure to accuratelv redort noncomnliance, and
8. Anv other violation or aroun of violations thctt the Control Authoritv determines
with ndverselv affect the oderation or imdlementation of the Pretreatment
proararn.
6D. Remedies Nonexclusive. The remedies provided for in this Code are not
exclusive. The Control Authority mQy take any, all, or any combination of these actions
against a noncomplinnt User. Enforcement of Pretreatment violations will generally be in
accordance with the Control Authority's enforcement response plan. However, the Control
Authority may take other action against any User when the when the circumstnnces
warrant. Further, the Control Authority is empowered to take more than one enforcement
action against any noncompliant User.
Sec. 1-20.5-91 through Sec. 1-20.5-92 remain unchanged.
-24-
PART B. CONFLICT.
This Ordinnnce repeals all other District actions to the extent in conf lict with this
Ordinance.
PART C. SEVERABILITY.
If any provision of this Ordinance or the upplication thereof to any person or
circumstance is held invalid, it is the intent of the District that the invalidity shall not
affect other provisions or npplications of the Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are
declared severable.
PART D. FILIN6 WITH THE DEPARTMENT OF STATE.
The Clerk be and is hereby directed forthwith to send a certified copy of this
ordinance to the Bureau of Administrative Code and Laws, Department of State, The
Capitol, Tallahassee, Florida 32304.
PART E. EFFECTIVE DATE.
This Ordinance shall be effective upon receipt of notice of filing with the
Secretary of State.
PART F. ADOr i iON.
After motion nnd second, the vote on this ordinance was ns follows:
Chris Dzadovsky, Chnirman AYE
Tod Mowery, Vice Chairman AYE
Commissioner Paula A. Lewis AYE
Commissioner Frannie Hutchinson AYE
Commissioner Chris Craft AYE
PART 6. CODIFICATION.
Provisions of this ordinance shnll be incorporuted in the St. Lucie County Code and
Compiled Laws, nnd the word "ordinunce" may be changed to "section", "article", or other
nppropriate word, and the sections of this ordinnnce mny be renumbered or relettered to
accomplish such intention; provided, however, that parts B through G shnll not be codified.
-25-
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"° FLORIDA DEPARTMENT 0 STATE
RICK SCOTT
Governor
November 5, 2012
Honorable Joseph E. Smith
Clerk of the Circuit Court
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
Attention: Ms. Kelly Phelan, Executive Recording Secretary
Dear Mr. Smith:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter
sated October 31, 2012 and certified copy of St. Lucie County Ordinance No. 12-020, which was filed in
T'this office on November 5, 2012.
Sincerely,
C`_~Z~
Liz Cloud
Program Administrator
LC/elr
R. A. Gray Building • 500 South Bronough Street Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 Facsimile: (850) 488-9879
www.dos.ytate.fl.us