HomeMy WebLinkAbout10-012ORDINANCE NO. 10-012
AN ORDINANCE AMENDING CHAPTER 1-20.5 "WATER
AND SEWER" OF THE ST. LUCIE COUNTY CODE AND
COMPILED LAWS BY CREATING ARTICLE VI
~ "PRETREATMENT OF WASTEWATER"; PROVIDING A
PURPOSE AND POLICY; PROVIDING DEFINITIONS;
~ ° PROVIDING FOR APPLICABILITY; PROVIDING FOR
U a
~ s PROHIBITED DISCHARGE STANDARDS; PROVIDING FOR
o ~ ~ PRETREATMENT; PROVIDING FOR INDUSTRIAL
~ ° ~ WASTEWATER DISCHARGE PERMIT; PROVIDING .FOR
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V Z N W O REPORTING REQUIREMENTS; PROVIDING FOR
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~o~a~ PROTECTION FROM DAMAGE; PROVIDING FOR POWERS
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f!1 W ~n rn .. AND AUTHORITY OF INSPECTORS; PROVIDING FOR
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JMO° ENFORCEMENT ACTIONS; PROVIDING FOR PENALTIES;
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PROVIDING FOR NOTIFICATION REQUIREMENTS;
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PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR FILING, ADOPTION, AN
EFFECTIVE DATE AND CODIFICATION
WHEREAS, the St. Lucie County Water and Sewer District ("District")owns, operates
and controls wastewater treatment and disposal systems for the collection, transmission,
treatment and disposal of wastewater and wastewater residuals ("WWTFs"); and
WHEREAS, the District also owns, operates and controls a wastewater collection and
transmission system which delivers wastewater to South Hutchinson Island Water
Reclamation Facility ("IWRF") owned, operated and controlled by the Fort Pierce Utilities
Authority ("FPUA") for treatment and disposal, pursuant to the Agreement between Fort
Pierce Utilities Authority and St. Lucie County, Florida, for Provisions of Bulk Water,
Wastewater and Reclaimed Water Service ("Bulk Service Agreement"); 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, and regulations issued by the DEP
and the United States Environmental Protection Agency ("EPA") relating to industrial
discharges and wastewater pretreatment; and
WHEREAS, the District deems this Ordinance necessary for the health, safety and
welfare of the public and for the protection of the environment.
Underlined passages are added, -1- passages are deleted.
NOW, THEREFORE, BE IT ORDAINED by the Board 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 AND SEWER" IS HEREBY AMENDED BY
CREATING ARTICLE VI "INDUSTRIAL PRETREATMENT" AS FOLLOWS:
Sec. 1-20.5-79 Purpose and PolicX
The purpose of this Ordinance is to set forth uniform requirements for wastewater
customers of the District and enables the District to comply with all industrial pretreatment
programs LIPP") requirements set forth in applicable State and Federal laws, including the
Clean Water Act and Rule 62-625 F A C~Pretreatment Requirements for Existing and Other
Sources o~Pollution) and the IPP Ordinance of the FPUA. The ob jectives of this Ordinance
are:
A. To prevent the introduction of^.pollutants into the WWTFs and IWRF that will
interfere with their operation;
B. To prevent the introduction of pollutants into the WWTFs and IWRF that will
pass through the WWTFs and IWRF without adequate treatment and into receiving waters,
or otherwise be incompatible with the WWTFs and IWRF;
C. To protect WWTF~ersonnel who may be affected by the Wastewater in the
course of their employment;
D. To promote reuse and recycle of biosolids from WWTFs;
E. To provide for the equitable distribution of the IPP costs and impacts to and
on the WWTFs and IWRF; and
F. To enable the District to comply with its DEP permits and NPDES permit
conditions sludge use and disposal requirements and any other Federal or State laws to
which the WWTFs are subject to comps with the terms of the Bulk Services Agreement,
and to comply with the terms of any other bulk wastewater treatment and disposal
agreements entered into from time to time by the District with third party wastewater
treatment and disposal providers r~Other Bulk Service Providers")for delivery of wastewater
Underlined passages are added. -2- ~#~°ae~c#~°eag~r passages are deleted.
to the Other Bulk Service Providers wastewater treatment and disposal systems "Bulk WWTFs").
Sec. 1-20.5-80 Definitions.
The following definitions shall apply to the provisions of this Ordinance:
A. Act Lthe Act") The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. 1251 et seq.
B. Approval Authority. The DEP or its successor agencies.
C. Authorized Representative of the User. Either:
1. The president vice-president, secretary, or treasurer,. or any other
person who. performs similar policy or decision-making functions for the User if the User is
a corporation; or
2. A general partner, manager, or proprietor if the User is a partnership,
limited liability company or sole proprietorship, respectively; or
3. The highest administrative official appointed or designated by a User
to oversee the operation and~erformance of the activities of the User, or his designee, if
the User is a Federal, State or local governmental entity; or
4. A dullauthorized representative of the .person designated in Sections
(1~(~ or~3) above if such authorization is in writing, the authorization specifies the
individual or position responsible for the overall operation of the facilities from which the
Discharge ori~c inates and the written authorization is submitted to the Control Authority.
D. Biochemical Oxygen Demand ("BOD"). The quantity of oxygen utilized in the
biochemical oxidation of organic matter.
E. Bvpnss The intentional diversion of wastewater streams from any portion of
an Industrial User's treatment facility
F. Categorical Industrial User. An Industrial User subject to Cate oq rical
Pretreatment Standards.
G. Categorical Pretreatment Standard. Any regulation containing Pollutant
Discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act
Underlined passages are added. -3- `~-"~'-'''-„--~;gl~t passages are deleted.
(33 U S C 1317) which applies to a specific category of Industrial Users and which appear in
40 CFR Chapter I, Subchapter N. Parts 405-471, as amended.
H. CFR. Code of Federal Regulations, as amended.
I. Chemical OxKaen Demand ~"COD") A measure of the oxygen equivalent of that
portion of the organic matter in a water sample that is susceptible to oxidation by a strong
chemical oxidant.
J. Control Authority. The District and/or the FPUA or other Bulk Service
Providers, as applicable.
K. Department of Environmental Protection ("DEP"). The Department of
Environmental Protection of the State of Florida.
L. Discharge To deposit place emit unload release or cause or allow to be
disposed of deposited, placed, emitted, unloaded, or released.
M. Domestic Waste Any superfluous solid, liquid, or gaseous material derived
principals from the use of sanitary conveniences of residences (including apartments);
wastewater produced from a noncommercial or nonindustrial source.
N. District. The St. Lucie County Water and Sewer District.
O. Environmental Protection Agency ("EPA"). The United States Environmental
Protection Agency.
P. Existing Source. Any source of Discharge, the construction or operation which
commenced prior to the publication by EPA of proposed Categorical Pretreatment Standards.
Cam. F A C Florida Administrative Code as amended.
R. FPUA. The Fort Pierce Utilities Authority.
5. Grab Samples A sample which is taken from a waste stream without regard
to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes.
T, Indirect Discharge. The introduction of Pollutants into the WWTFs, IWRF or
other Bulk WWTFs from any non-domestic source regulated under sections 307 (b), (c), and
(d) of the Act and Chapter 403, Florida Statutes.
Underlined passages are added. -4-; :,~t~kt passages are deleted.
U. Industrial User ("IU"). Any User discharging industrial wastewater into the
WWTFs, IWRF or Bulk WWTFs.
V. Industrial Wastewater. Food waste, other waste, or any superfluous solid,
liquid or gaseous material resulting from manufacturing, industrial, or commercial processes,
or from natural resource development, recovery, or processing.
W. Industrial Wastewater Surcharge. An additional service charge assessed
against Industrial Users whose wastewater characteristics exceed established surcharge
limits.
X. Industrial Wastewater Discharge Permit ("Permit"). Written authorization
from the Control Authority to discharge industrial wastewater to the WWTFs, IWFR or Bulk
WWTFs setting certain conditions and/or restrictions on such Discharge.
Y. Instantaneous Maximum Allowable Discharge Limit. The maximum
concentration of a Pollutant allowed to be discharged at any time, determined from analysis
of any discrete or composited sample collected independent of the industrial f low rate and
the duration of the sampling event.
Z. Interceptors separators grease traps) Any device designed and installed
to separate and retain floatable deleterious hazardous, and/or undesirable matter from
sewage or liquid wastes, and to discharge into a WWF by gravity.
AA. Interference. A Discharge which, alone or in con junction with a Discharge or
Discharges from other sources, both:
1. Inhibits or disrupts the WWTFs, IWFR or Bulk WWTFs, their
treatment processes or operations or its domestic wastewater residuals processes, use or
disposal; and
2. Is a cause of a violation of any requirement of the NPDES permit held
the Control Authority (including an increase in the magnitude or duration of a violation)
or prevents use or disposal of domestic wastewater residuals in compliance with local
regulations or rules of DEP Chapter 403 Florida Statutes and all applicable Federal laws.
BB. Medical Waste Wastes including, but not limited to, isolation wastes,
infectious agents human blood and blood bxproducts. pathological wastes, sharps, body parts,
fomites etiologic agents contaminated bedding surgical wastes, potentially contaminated
laboratorywastes and dialysis wastes.
Underlined passages are added. -5- ~ti°~gkt passages are deleted.
CC. New Source.
1. Any building, structure, facility, or installation from which there is or
may be a Discharge of Pollutants, the construction of which is commenced after the
publication of~roposed Pretreatment Standards prescribed under Section 307(c) (33 U.S.C.
1317) of the Act which will be applicable to such source, if the standards are thereafter
promulgated in accordance with that Section, provided that:
a. The building, structure, facility or installation is constructed at
a site at which no other source is located• or
b. The building, structure, facility or installation totally replaces the
process or production equipment that causes the Discharge of Pollutants at an existing
source; or
c. The production or wastewater generating processes of the
building structure facility or installation are substantially independent of an existing source
at the same site. In determining whether these are substantially independent, factors such
as the extent to which the new facility is integrated with the existing plant, and the extent
to which the new facility is engaged in the same general type of activity as the existing
source, will be considered.
2. Construction on a site at which an existing source is located results in
a modification rather than a New Source if the construction does not create a new building.
structure facility or installation meeting the criteria of paragraph (1) (b) or (c) above but
otherwise alters, replaces, or adds to existing process or production equipment.
3. Construction of a New Source as defined under this paragraph has
commenced if the owner or operator has:
a. Begun, or caused to begin as part of a continuous onsite
construction program,
any placement, assembly, or installation of facilities or
equipment, or
ii significant site preparation work including clearingl
excavation or removal of existing buildings, structures, or facilities which is necessary for
the placement assembly, or installation of New Source facilities or equipment; or
Underlined passages are added. -fi-ma~g# passages are deleted.
b. Entered into a binding contractual obligation for the purchase of
foci lities or equipment which are intended to be used in its operation within a reasonable time.
Options to_..purchase or contracts which can be terminated or modified without substantial
loss and contracts for feasibility, engineering, and design studies do not constitute a
contractual obligation under this paragraph.
DD. Non-Contact Cooling Water. Water usage for cooling which does not come
into direct contact with any raw material intermediate product, waste product or finished
product, to which the only Pollutant added is heat.
EE. NPDES Permit. A~ermit issued pursuant to Section 402 of the Act (33 U.S.C.
1342 .
FF. Pnss Throygh. A Discharge which exits the WWTFs, IWFR or Bulk WWTFs
into the waters of the State or of the United States in quantities or concentrations which,
alone or in con junction with a Discharge or Discharges from other sources, is a cause of a
violation of any regulatory requirement of the WWF's NPDES permit (including an increase
in the magnitude or duration of a violationZ
GG. Person. Individual, corporation, firm, company, joint venture, partnership, sole
proprietorship association or a~ other legal business entity, any state or political
subordinate thereof any municipality, any interstate body and any department, agency, or
instrumentality of the United States and any officer, agent, or employee thereof, and any
organized group of persons whether incorporated or not.
HH. pH The logarithm of the reciprocal of the hydrogen ion concentration. The
concentration is the weight of hydrogen ions, in grams per liter (g/L) of solution.
II. Pollutant. Any dredged soil, medical waste, solid waste, incinerator residue,
garbage sludge munitions chemical wastes biological materials radioactive materials, heat,
wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and
agricultural waste discharged into water.
JJ. Pretreatment The reduction of the amount of Pollutants, the elimination of
Pollutants or the alteration of the nature of Pollutant properties in wastewater prior to or
in lieu of discharging or otherwise introducing such Pollutants into the WWTFs IWRF or Bulk
WWTFs The reduction or alteration may be obtained by physical, chemical or biological
,processes process chances or by other means except as prohibited by Rule 62-625 410(5)
F A C Appropriate Pretreatment technology includes control equipment, such as equalization
tanks or facilities for protection n~ainst surges or Sluq Discharges that might interfere with
Underlined passages are added. -7-~~~-aag~t passnges are deleted.
or otherwise be incompatible with the wastewater facilities. However, where wastewater
from a regulated process is mixed in an equalization facilitywith unregulated wastewater or
with wastewater from another regulated process the effluent from the equalization facility
must meet an ad,~sted Pretreatment limit calculated in accordance with Rule 62-625.410(6),
F.A.C.
KK. Pretreatment Requirement Any substantive or procedural requirement
related to Pretreatment other than a Pretreatment Standard, imposed on an Industrial User.
LL. Pretreatment Standard For andspecified Pollutant, the prohibitive Discharge
Standards asset forth in this article the State of Florida's Pretreatment Standards, or the
National Categorical Pretreatment Standards whichever standard is the most stringent.
MM. Prohibited Discharges Absolute prohibitions against the discharge of certain
substances.
NN. RCRA. Resource Conservation and Recovery Act.
00. Sewa4e Human excrement and gray water household showers, dishwashing
operations, etc.).
PP. Sewer Means a pipe or conduit designed for carrying or transmitting
wastewater including but not limited to gravity sewers, force mains and low pressure mains.
COQ. Significant Industrial User Except as provided in (3) below, means the
ollowin
,~ An Industrial User sub ject to Categorical Pretreatment Standards under
Rule 62-625 410 F A C and 40 CFR Chapter I Subchapter N which has been adopted by
reference in Chapter 62-660, F.A.C.; or
An Industrial User that:
~ Discharges an average of twen~-five thousand (25,OOOZgallons
per day (gpd) or more of~rocess Wastewater to the WWTFs, IWRF, Bulk WWTFs,
excluding domestic wastewater Non-Contact Cooling and boiler blowdown Wastewater); or
Contributes a process waste stream which makes up five (5)
percent or more of the average dryweather hXdraulic or organic capacity of the WWTFs,
IWRF or Bulk WWTFs• or
Underlined passages are ndded. -8- ~relt#ktwet~gkt passages are deleted.
~ Is designated as such by the Control Authority on the basis that
the Industrial User has a reasonable potential for adversely affectinq the WWTFs, IWRF
or Bulk WWTFs' operation or for violating any Pretreatment Standard or Requirement in
accordance with Rule 62-625.500 2)~e), F.A.C.
won a f finding that an Industrial User meeting the criteria in Subsection
(2) above has no reasonable potential for adversely affecting the WWTFs', IWRF's or Bulk
WWTFs' operation or for violating any Pretreatment Standard or Requirement, the Control
Authority may at any time on its own initiative or in response to a petition received from an
Industrial User and in accordance with Rule 62-625.500(2)(e), F.A.C., determine that such
Industrial User should not be considered a Significant Industrial User.
RR. Significant Noncompliance ("SNC"~ Any one or more of the following:
1. Violations of wastewater Discharge limits:
a. Chronic violations. Sixty-six (66Zpercent or more of the
measurements exceed the same daily maximum limit or the same average limit in a six (6)
month period (any magnitude of excess1
b. Technical review criteria (TRC) violations. Thirty-thre~33)
percent or more of the measurements exceed the same daily maximum limit or the same
average limit by more than the TRC in a six-month period.
There are two groups of TRCS:
Group I for conventional Pollutants (BOD, T55, fats, oil, and
grease) TRC = 1.4
Group II for all other Pollutants TRC = 1.2
c. Any other violation(s) of an effluent limit (average or daily
maximum) than the Control Authority believes has caused, alone or in combination with other
Discharges Interference (e a Slug loads or pass-through; or endangered the health of the
sewage treatment personnel or the public.
d. Any discharge of a Pollutant that has caused imminent
endangerment to human health/welfare or to the environment and has resulted in the Control
Authority exercising its emergency authority to halt or prevent such a Discharge.
Underlined passages are added. -9-~.;~eag~t pnssages are deleted.
2. Violations of compliance schedule milestones. contained in a permit or
enforcement order for starting construction completing construction and attaining final
compliance by ninety (90) days or more after the schedule date.
3. Failure to provide reports for compliance schedules self-monitoring
data or Categorical Standards baseline monitoring reports, ninety-day compliance reports,
and periodic reports) within thirty (30) days from the due date.
4. Failure to accurately report non-compliance within thirty (30) days of
its occurrence.
5. Any other violation or croup of violations that the Control Authority
considers to be significant.
S5. Sludge And solid or semisolid waste generated from a municipal, commercial,
or industrial wastewater treatment plant water su~?ply treatment plant or air pollution
control facility exclusive of the treated effluent from a wastewater treatment plant.
TT. Slug Any non-routine discharge of water wastewater or industrial waste at
a flow rate or concentration which could cause interference with the WWF and a violation of
the Prohibited Discharge Standards in Sectionl-20.5-82 of the Code.
UU. Standard Industrial Classification ("SIC") Code. A classification pursuant to
the Standard Industrial Classification Manual issued by the United States Office of
Management and Budget.
VV. Storm Water And flow occurring during or following any form of natural
precipitation and resulting from such~recipitation.
WW. Suspended Solids The total suspended matter that floats on the surface of,
or is suspended in water wastewater or other liquid and which is removable by laboratory
ilterin .
XX. Upset An exception incident in which there is unintentional and temporary
noncompliance with Pretreatment Standards because of factors beyond the reasonable
control of the Industrial User.
YY. User A wastewater utility customer of the District.
Underlined passages are added. -10-~'~~°oag~t passages are deleted.
ZZ. Wastewater Liquid and water-carried industrial wastes and sewage from
residential dwellings commercial buildings industrial medical and manufacturing facilities,
and institutions whether treated or untreated which are discharged into a WWF.
AAA. Wastewater Fncility~"WWF") Collectively the District's structures, sewers,
equipment and~rocesses required to collect carrKaway and transmit wastewater and the
WWTFs IWRF and Bulk WWTFs, as applicable.
Sec. 1-20.5-81 Applicability.
This Ordinance shall apply within the boundaries of the District, and the use of or
discharge into the WWTFs IWRF or Bulk WWTFs b~any User. The delivery of wastewater
to District's wastewater collection and transmission system is conclusive proof of acceptance
of and submittal to the jurisdiction of the Code.
Sec. 1-20.5-82 Prohibited Discharge Standards.
Users shall not discharge Pollutants into the WWF unless in accordance with the Code.
A. Discharge Prohibitions No User shall Discharge into the WWF any Pollutant,
Wastewater or Septic Tank Waste which may cause Pass Through or Interference with the
operation or performance of the WWF.
No User shall discharge into the WWF any of the following:
1. Toxic or poisonous substances chemical elements or compounds, taste
or odor~roducing substances or any other substances which are not amenable to treatment
or reduction by the wastewater treatment processes employed by the WWTF IWRF or Bulk
WWTF Toxic Pollutants shall include but not be limited to any Pollutant identified pursuant
to 40 CFR Part 116 (4).
Z. .Noxious or malodorous solids liquids or uses or other wastewater
which either singly, or by interaction with other waste or wastewater (a) are capable of
creating~ublic nuisance or hazard to human or animal life (b) are or may be sufficient to
prevent entry into a Sewer for its maintenance inspection or repair or (c) may create any
hazard in the receiving waters of the WWF.
3. Liquids solids or gases 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 injurious in and other way to the WWF or to its operation. Prohibited
Underlined passages are added. -11- ~#paelMt passages are deleted.
materials include but are not limited to petroleum oil and non-biodegradable cutting oil,
Pollutants with a closed cud flashpoint of less than one hundred forty (140) decrees
Fahrenheit jsixt~~60~ degrees Centigrade] using the test method specified in ASTM
Standard D-93-79 or D-93-80k or as specified in ASTM Standard D-3278 and Pollutants
which cause an excess of ten (10Zpercent of the lower explosive limit (LEL) at any point in
the WWF Specific products include but are not limited to: gasoline kerosene, fuel oil,
motor oil naphtha benzene toluene xylene ethers alcohols ketones aldehydes, peroxides,
chlorates perchlorates bromates carbides hydrides and sulfides or any other substance
which the Control Authori~ the State of Florida or its subdivisions and agencies, or any
federal agency has determined is a fire hazard or a hazard to the WWF.
4. Radioactive 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 Department
of Health and Rehabilitative Services and which will or may cause damage or hazards to the
WWF or its operating personnel.
5. Storm water surface water groundwater artesian well water, roof
runoff subsurface drainage swimming pool Discharges uncontaminated cooling water,
unpolluted Industrial process waters air-conditioning condensate unless specifically
authorized by the Control Authority in writing.
6. Domestic Wastes from septic tanks portable toilets on-site wastewater
stems 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 L00) mg/L or animal/vegetable
fats wax grease or oils in excess of seventh-five (75) mg/L whether emulsified or not; or
substances which ma~solidif~ or become viscous at 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 designated by the Control Authority.
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 Pass Through or cause Interference with the
operations of the WWF.
Underlined passages are added. -12- ~-ti°aek#k~°aag#t passages are deleted.
10. Waste or Wastewater having a pH lower than 5 exhibiting any corrosive
property which either singly or by interaction with other wastes is capable of causing damage
or hazard to structures processes, equipment, or personnel of the WWF.
11. Waste or Wastewater having a pH higher than 10 which either singly or
by interaction with other wastes is capable of causing damage or hazard to structures
processes, equipment or personnel of the WWF.
12. BOD COD or chlorine in such concentration and/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
decrees Fahrenheit(130° F) which will inhibit biological 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 temperatures are required
b~ law,
15. Solid or viscous substances in such quantities or of such size as to be
capable of causing 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 manure bones hair hides or fleshings whole blood feathers, ashes, cinders, sand,
sent lime stone or marble dust metal glass straw shavings, grass clippings, rags, spent
grains or hods waste paper wood plastics rubber stoppers tar asphalt residues from
refining or processing of fuel or lubricating oil gasoline, naphtha, 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 tanning solutions which
imparts color to the WWF effluent thereby violating_the NPDES permit held by a Control
Authority.
17. Medical Wastes except as s~ecificall~authorized by the Control
Authority in writing.
18. Detergents surface-active agents or other substances which may cause
excessive foaming in the WWF.
Underlined passages are added. -13- ~ti°aek #~++°eagit passages are deleted.
19. Any sludges screenings or other residuals from the Pretreatment of
industrial wastes.
20. Toxic oases vapors or fumes in a quantity that may cause acute worker
health and safety problems.
21. Waste or wastewater that contains more than two thousand (2,000Zppm
total solids.
22. Water or wastewater that contains substances in excess of the standard
strength for wastewater as defined:
B.O.D.
Suspended solids (SS)
Standard strength
250 mg/I
250 mg/I
Maximum allowable
1,000 mg/I
1,000 ma/I
B. Compliance With Nations) and Local Standards. 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 promulgated pursuant to the Act, and any other more
stringent state and local standards. Wastes containing concentrations in excess of the
National Categorical Pretreatment Standards are prohibited.
C. Local Pretreatment Standards. Any wastes containing concentrations in excess
of the following Local Pretreatment Standards are prohibited:
PARAMETER
Aluminum
Ammonia
Antimony
Arsenic
Barium
Beryllium
Biochemical Oxygen Demand (BODS~
Bismuth
Cadmium
Carbonaceous Biochemical Oxygen Demand (CBOD)s
Chloride
MAXIMUM ALLOWABLE
CONCENTRATION DURING
A 24-HOUR PERIOD Lmg/L)
16.0
50.0
0.2
0.34
3.0
8.8
250.0
0.05
0.32
400.0
600.0
Underlined passnges are added. -14- -elf-#~n°eagkr passnges are deleted.
Chemical Owen Demand (COD) 12.7
Chromium 30.00
Cobalt 10
Co er 3.110
Cyanide 0.58
Cyanide Amendable to Chlorination 00 5
~drogen Sulfide 10.0
Iron 10.0
Lead 0.74
Macanese 10
Mercur 0.06
Molybdenum 0.80
Nickel 2.57
Oil. and Grease 75.0
Petroleum Hydrocarbons 15.0
pH~Standard Units) 5.0 - 10.0
Phenol 5_0
Phenolic Compound 0_5
Selenium 1.99
Silver 3.17
Strontium 0=2
Temperature (F) 130.0
Tin 0_6
Total Suspended Solids 250.0
Zinc 2.67
The above limits apply aT t the point where the Wastewater is discharged to the WWF.
The Control Authority mak impose mass limitations instantaneous maximum limitations
maximum months average values or maximum four (4Lday average values in addition to, or
in place of the limitations listed above.
p. Right of Revision The District authorizes FPUA and each Other Bulk Service
Provider to establish b~ Ordinance or in Permits more stringent limitations or requirements
on Discharges to the WWF if deemed necessary and such more stringent limitation or
requirements shall be automatical~r incorporated into and made a part of the Code.
E. Dilution No User shall ever increase the use of process water or in any way
attempt to dilute a Discharge as martial or complete substitute for adequate treatment to
achieve compliance with the limitations unless expressly authorized by an applicable Federal
Categorical Pretreatment Standard or in another Pollutant-specific limitation developed by
Underlined passages are added. -15-~=eaglet passages are deleted.
the State The Control Authority may impose mass limitations on Users which are using
dilution to meet applicable Pretreatment Standards or Requirements or in other cases when
the imposition of mass limitations is appropriate.
F. Septic Tnnk Waste Hauling.
1. Septic Tank Waste may be introduced into the WWF only at an approved
septic receiving station located at a WWF as provided below.
2. Any Septa~e Hauler shall have a Discharge permit issued under
conditions specified in Section 1-20.5-84 of the Code.
3. No hauled load may be discharged without prior written consent from
the Control Authority Samples may be collected from each load to ensure compliance with
applicable standards The Septage Hauler may be required to provide waste analysis of any
load prior to discharge.
4. Septage Haulers mustprovide a waste tracking form for every load. The
form shall include at a minimum the name and address 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 hazardous wastes.
G. Control of discharge If any Wastes or Wastewaters are discharged, or are
proposed to be discharged to the WWF which contain the substances or possess the
characteristics enumerated in Section 1-205-82 as prohibited by the Code, does not meet
applicable Pretreatment Standards and Requirements and/or which may have a deleterious
effect upon the WWF its~rocesses equipment or receiving waters or which otherwise
create a hazard to life or constitute a_public nuisance the Control Authority may:
1. Reject the wastes or deny or condition the introduction of New Sources
of Wastewater to the WWF; or
Z. Require the User to demonstrate that 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
Underlined passages are added. -16- ««-••~„-~ :~~r passages are deleted.
4. Require payment of an industrial waste surcharge to cover the added
cost of handling_and treating excess loads imposed on the WWF by such Discharge. Approval
of industrial waste surcharges for the recovery of treatment costs does not replace or
supersede the requirements for Pretreatment facilities should they be found necessary by
the Control Authority.
Sec. 1-20.5-83 Pretreatment.
A. Pretreatment Facilities Users shall provide Wastewater treatment as
necessary to comply with this Ordinance and shall achieve compliance with all Categorical
Pretreatment Standards local limits and the prohibitions set out in this Ordinance within the
time limitations specified by EPA or the State of Florida whichever is more stringent. Any
Pretreatment facility shall be provided operated and maintained at the User's sole cost and
expense Detailed plans prepared b~ a registered engineer in the State of Florida describing
such facilities and operating~rocedures must be approved in writing by the Control Authority
before such facilities are constructed The review and approval of such plans and operating
procedures shall not relieve the User from the responsibility of modifying such facilities as
necessary to produce a Discharge in compliance with the Code.
B. Additional Pretreatment Measures.
1. Whenever deemed necessary the Control Authority may require Users
to restrict their Discharge during pear k flow periods designate that certain wastewater be
discharged only into specific Sewers relocate and/or consolidate points of discharge,
separate Sewage waste streams from industrial waste streams and such other conditions as
maw be necessary to protect the WWF and determine the User's compliance with the
requirements of the Code.
2. The Control Authority may require any person discharging into the WWF
to install and maintain on their~roperty and at their sole cost and expense. a suitable
storage and flow-control facility to ensure equalization of flow A Permit may be issued solely
for flow equalization.
3. Grease oil and sand interceptors shall be provided when, in the opinion
of the Control Authority they are necessary for the proper handling of wastewater
containing_excessive amounts of grease and oil or sand' except that such interceptors shall
not be required for residential Users All interception units shall be of type and capacity
approved in writing by the Control Authority and shall be installed at a location on the
premises to be easi~ accessible for cleani~ and inspection Such interceptors shall be
Underlined passages are added. -17-mac~k+ passages are deleted.
inspected cleaned and repaired regulars as needed by the User at their expense. Users
shall provide all reports of interceptor maintenance as required by the Control Authority.
4. Users with the potential to discharge flammable substances shall be
required to install and maintain an approved combustible gas detection meter.
C. Accidental Discharge/Slug Control Plans At least once every two (2) nears,
the Control Authority shall evaluate whether to require each User to adopt an accidental
Discharge/Slug control plan Alternatively the Control Authority may develop such a plan for
and, User An accidental Discharge/Slug_ control plan shall address at a minimum, .the
ollowin
1. Description of Discharge practices including non-routine batch
Discharges;
2. Description of all stored chemicals;
3. Procedures for immediately notifying the Control Authority of any
accidental or Slug Discharge in accordance with Section 1-20.5-85 of the Code; and
4. Procedures to prevent adverse impact from any accidental or Slug
Discharge Such procedures include but are not limited to inspection and maintenance of
storage areas handling and transfer of materials loading and unloading operations, control
of plant site runoff worker training building_ of containment structures or equipment,
measures for containing toxic organic Pollutants including solvents and/or measures and
equipment for emergency response.
Sec.l-20.5-84 Industrial Wastewater Discharge Permit.
A. Application for Discharge Permit.
1. No Industrial User shall discharge wastewater into the wastewater
facilitywithout first ap~lying for a Discharge Permit The Control Authority may require all
other Users to obtain Permits as necessa~ to carryout the purposes of this Ordinance. Anv
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 Obtaining a Permit does not relieve a permittee of its obligation to comply with all
Federal and State Pretreatment Standards or Requirements or with any other requirements
Federal State, and local law.
Underlined passages are added. -18- ~*wae4F~l~°attgkt passages are deleted.
2. All prospective Industrial Users must submit to the Control Authority
the application fee and information on the nature and characteristics of their wastewater by
completing a Permit application /wastewater survey at least one hundred and ninety (190)
days prior to the date upon which any Discharge will begin. The Control Authority is
authorized to prepare a form for this~urpose and may_periodically require Users to update
the survey Information to be provided with the survey may include description of the
industrial activi_„y s~ecif ications 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 and any other information deemed
necessary by the Control Authority to evaluate the~ermit application Failure to complete
this survey shall be reasonable grounds for terminating service to the User and shall be
considered a violation of the Code.
3. Within sixty~60) days of receipt of a complete Permit application, the
Control Authority wi II determine whether or not to issue a Permit. The Control Authority may
deny any application for a Permit.
B. Application Signatories and Certification. All Permit applications and User
reporting must be signed by an authorized representative of the User and contain the
following certification statement:
"I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information
submitted Based on my inquiry of the person or persons who
manage the system or those persons directly responsible for
gathering the information the information submitted is, to the
best of my knowledge and belief, true, accurate, and complete.
I am aware that there are significant penalties for submitting
false 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.
Underlined passages are added. -19- "~°~~~g~t passages are deleted.
C. Permit Issuance Process.
1. Permits shall be expressly sub ject to all provisions of this Ordinance and
all other applicable regulations The cost of said 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 (~ vears from the date of issuance and
upon expiration of same a renewal permit may be issued which shall be effective for an
additional five 5) vears provided that the conditions of the existing permit have not changed
and the appropriate renewal fees have been paid The permit shall be displayed by the User
in a location at the permitted facility so as to be seen and 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-transferability;
c. Pretreatment Standards and effluent limits applicable to the
User based on applicable standards in Federal, State, and local law;
d. Self monitoring sampling reporting notification and record
keeling requirements to include identification of Pollutant(s) to be monitored. sample
location(s) sample frequency, and sample type;
e. Statement of applicable civil criminal and administrative
penalties for violation of Pretreatment Standards and Requirements.
4. Permits may contain the following additional conditions:
a. The unit charge or schedule of User charges and fees for
management of the wastewater to be discharged to the WWF;
b. Limits on the instnntaneous daily. monthly average and/or four
(4) day maximum concentration mass or other measure of identified wastewater
constituents and characteristics;
c. Limits onthe averageand/or maximum rate and time of discharge
and/or requirements for flow regulations and equalization;
Underlined passages are added. -20- ~ae4t#-kt+°eagkt passages are deleted.
d. Requirements for installation and maintenance of inspection
facilities, and flow metering and sampling equipment;
e. Requirements for the installation of Pretreatment technology,
pollution control or construction of appropriate containment devices, designed to reduce,
eliminate or prevent the introduction of Pollutants into the WWF;
f Development and implementation of spill control plans or other
special conditions including management practices necessary to adequately prevent accidental,
unanticipated, or routine Discharges;
9= Development and implementation of waste minimization plans to
reduce the amount of Pollutants discharged to the WWF;
h. A statement that compliance with the Permit does not relieve the
permittee of responsibility for compliance with all applicable Federal and State Pretreatment
Standards including those which become effective during the term of the Permit;
i. Other conditions as deemed appropriate by the Control Authority
to ensure compliance with the Code and Federal and State laws, rules, and regulations.
D. Compliance 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 and incorporation in the~ermit the shortest schedule by
which the User is to provide additional Pretreatment. The completion date in this schedule
shall not be later than the compliance date established for the applicable Pretreatment
Standards 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 operation.
A Permit may not be reassigned transferred or sold to a new owner or new User unless the
,permittee gives at 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 a written certification by the new owner and/or User that:
1. States that the new owner and/or User-has no immediate intent to
change the facility's operations and processes;
2. Identifies the specific date on which the transfer is to occur;
Underlined passages are added. -21- e4~#~+°aagl~t passages are deleted.
3. Acknowledges full responsibility for complying with the terms and
conditions of the existing~ermit.
Failure to provide advance notice of a transfer renders the Permit voidable on the
date of facilitX transfer.
F. Permit Modification. Permits may 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
Standards or Requirements;
2. To address significant alterations 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 a temporary or permanent
reduction or elimination of the authorized Discharge;
4. Information indicating that the permitted Discharge poses a threat to
the WWF the Control Authority's personnel, or the receiving waters;
5. Violations of any terms or conditions of the Permit;
6. Misrepresentations or failure to fully disclose all relevant facts in the
Permit application or in any required reporting;
7. Revision of or a grant of variance from Categorical Pretreatment
Standards~ursuant 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 foci lity 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 applicable re4uirements standards laws or rules and 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
Underlined passages are added. -22- c~k+°eagkr passages are deleted.
the User cannot meet them at the time of the modification and if permitted by law. If the
new or changed conditions are the result of new or changed Pretreatment regulations, those
regulations will stipulate the compliance period The filing of a request by the permittee or
a Permit modification does not stay any Permit condition.
G. Permit Revocation Permits may be revoked for the following reasons:
1. Failure to notifKthe Control Authority of significant changes to the
wastewater prior to the changed Discharge.
2. Failure to provide prior notification to the Control Authority of chanced
condition pursuant to Section 1-20.5-85 of the Code.
3. Misrepresentation or failure to fully disclose all relevant facts in the
Permit application.
4. Falsifying self monitoring reports.
5. Tampering with monitoring equipment.
6. Refusing to allow the Control Authority timely access to the facility
premises and records.
7. Failure to meet effluent limitations.
8. Failure to pay penalties.
9. Failure to pay Sewer charges.
10. Failure to meet compliance schedules.
11. Failure to~rovide advance notice of the transfer of a permitted facility.
12. Violation of any Pretreatment Standard or Requirement or any terms
of the Permit or the Code.
13. Indication that the Discharge presents a threat to the environment or
threatens to interfere with the operation of the WWF.
Underlined passages are added. -23- ~°f+°oagMt passages are deleted.
Permits shall be voidable upon nonuse, cessation of operations, or transfer of business
ownership (except as addressed herein). All Permits are void upon the issuance of a new
Permit.
H. Appeal 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 discharge 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 authorization to discharge has been revoked max
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 (15Lys of receipt of the Control Authority's notification to cease discharge.
3. The code enforcement d~artment may affirm. reverse, or modify the
order of the Control Authority and shall 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 has expired, or in the event that an appeal has been filed, until the code
enforcement department has ,rendered a decision, unless the Control Authority has made a
finding that continued discharge ~ the User into the WWF constitutes a clear and present
danger to the operations of the WWF or to the health of the public, or to the environment.
Any such finding shall be included in the Control Authority's notification to cease discharg_e1
and in such event, the revocation of nuthorization to discharge wastes shall become effective
immediately.
J. Permit Renewnl. All permittees must apply for a permit renewal a minimum of
ninetx~90) days prior to the expiration of the existing~ermit. The reapplication for a permit
shall consist of a written request for reissuance of the~ermit. The request shall state if all
terms and conditions of the existing~ermit and Code are complied with and must be signed
an authorized representative of the User.
K. Special Agreements. The District reserves the right to enter into special
~reements 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 special agreement waive compliance
with a Categorical Pretreatment Standard or Requirement.
Underlined passages are added. -24- ~i~radg# passages nre deleted.
L. Regulation of Discharge from Other Jurisdictions. In the event another
jurisdiction or municipality contributes all or a portion of its wastewater to another Bulk
Service Provider to discharge to the WWF the Control Authority to whom the other
jurisdiction or municipality contributes wastewater shall require the jurisdiction or
municipality to enter into an multi- jurisdictional agreement with the Control Authority. Prior
to entering into amulti- jurisdictional agreement the Control Authority may request the
contributing iurisdiction provide the following information:
1. A description of the quality and volume of the wastewaters) at the point
where it enters the WWF from the contributing jurisdiction.
Z. An inventory of all Industrial Users within the contributing jurisdiction.
3. Such information as maybe required by the other jurisdiction.
A multi- jurisdictional agreement as rewired above shall contain the following
conditions:
1. A requirement for the contributing._,iurisdiction to adopt an Ordinance
which is at least as stringent as the Code and local limits which are at least as stringent as
those set out in Section 4 for those Users that discharge to the WWF. The requirement shall
specify that the Ordinance and limits must be revised as necessary to reflect chances made
to this Code.
Z. A requirement for the contributing iurisdiction to submit a revised
Industrial User inventory on at least an annual basis.
3. A requirement for the contributing jurisdiction to:
a. Conduct Pretreatment implementation activities including
Industrial User permit issuance inspection and sampling, and enforcement; or
b. Authorize the Control AuthoritKto take or conduct the activities
on its behalf.
4. A requirement for the contributing_iurisdiction to provide the Control
Authority with access to all information that the contributing jurisdiction User or municipal
User obtains as part of its Pretreatment activities associated with the WWF.
Underlined passages are added. -25- k-#-I<rweag~r passages are deleted.
5. Limits on the nature, quality, and volume of the contributing jurisdiction
wastewater at the point where it discharges to the WWF
6. Requirements for monitoring the Discharge
7. A provision ensuring the Control Authority access to the facilities of
Users located 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 available for breach of the terms of the
multi- jurisdictional agreement.
Sec. 1-20.5-85 Reporting Requirements.
A. Baseline Monitoring Reports. Within either one hundred eighty (180) days
after the effective date of a Categorical Pretreatment Standard or the final administrative
decision on a category determination under Rule 62-625 410(2)(d) F A C whichever is later
existing Categorical Industrial Users currently discharging to or scheduled to discharge 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, and sources that become Categorical Industrial Users subsequent to the
promulgation of an applicable Categorical Standard shall submit to the Control Authority a
report which contains the information listed numerically below A New Source shall report
the method of Pretreatment it intends to use to meet applicable Categorical Standards A
New Source also shall give estimates of its anticipated flow and ,quantity of Pollutants to be
discharged.
1. Identifyinalnformation. The name and address of the foci lit including
the name of the operator and owner.
2. Environmenta/Permits A list of any environmental control permits held
by or for the facility
3. Description of Operations A brief description of the nature average
rate of production. and standard industrial classifications of the operation(s) carried out bX
such User. This description should include a schematic process diagram which indicates points
of discharge to the WWF from the regulated processes
4. FlowMeasurement. Informntion showing the measured average dai ly and
maximum daily flow, in alq_ Ions per day to the WWF from regulated process streams and
Underlined passages are added. -26-~. "~'~"L"~~~~waagkt passages are deleted.
other streams as necessary 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 Pretreatment Standards applicable to each
re ulq ated process.
b. The results of sampling and analysis identifying the nature and
concentration and/or mass where re~c aired by the standard or by the Control Authority, of
regulated Pollutants in the Discharge from each regulated process. Instantaneous, daily
maximum and long,-term average concentrations or mass where required, shall be reported.
The sample shall be representative of dais operations and shall be analyzed in accordance
with procedures set out in Section 1-20.5-85 of the Code.
c. Sampli~ must be performed in accordance with procedures set
out in Section 1-20.5-85(K) of the Code.
6. Certification A statement reviewed by the User's authorized
representative and certified by a qualified professional indicating whether Pretreatment
Standards are being met on a consistent basis and if not whether additional operation and
maintenance (O&M) and/or additional Pretreatment is required to meet the Pretreatment
Standards and Requirements.
7. Comb/lance Schedu/e If additional Pretreatment and/or O&M will be
required to meet the Pretreatment Standards the shortest schedule by which the User will
provide such additional Pretreatment and/or O&M. The completion date in this schedule shall
not be later than the compliance date established for the applicable Pretreatment Standard.
A compliance schedulepursuant to this section must meet the requirements set out in Section
1-20.5-85(B) of the Code.
8. Signature and Certification All baseline monitoring reports must be
sinned and certified in accordance with Section 1-20.5-84(B) of the Code.
B. Compliance 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 groaress increments in the form of dates for
the commencement and completion of major events leading to the construction and operation
of additional Pretreatment required for the User to meet the applicable Pretreatment
Underlined passages are added. -27- G1°••-~gl~r passages are deleted.
Standards (such events include but are not limited to hirin aq n engineer, completing
~reliminarX and final Mans 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 (14Zdays following each date in the schedule and the final date of
compliance including as a minimum whether or not it complied with the increment of
progress the reason for anX delay and if appropriate the steps being taken 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 Pretreatment Stnndard deadline.
Within nines (90) daXs following the date for final compliance with applicable
Categorical Pretreatment Standards or in the case of the New Source following
commencement of the introduction of wastewater into the WWF any User subject to such
Pretreatment Standards and Requirements shall submit to the Control Authority a report
containing the information described in Section 1-20 5-85 of this Code. For Users subject
to equivalent mass or concentration limits established in accordance with the procedures in
Rule 62-625 410(4) F A C this report shall contain a reasonable measure of the User's long-
term production rate For all other Users subject to Categorical Pretreatment Standards
expressed in terms of allowable Pollutant discharge per unit of production (or other measure
of operation) this report shall include the User's actual production during the appropriate
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 shall at a frequency determined by the
Control Authority but in no case less than twice der year (in June and December), submit a
report indicating the nature and concentration of Pollutants in the Discharge which are
limited by Pretreatment Standards and the measured or estimated average and maximum
daily flows for the reporting peril 'od All~eriodic compliance reports must be signed and
certified in accordance with Section 1-20.5-84(B) of this Code.
2. All wastewater samples must be representative of the User's Discharge.
Wastewater monitoring and flow measurement facilities shall be properly operated, kept
Underlined passages are added. -28- ~#raek ~ki°aagl~r passages are deleted.
clean, and maintained in good working order at all times The failure of a User to keep its
monitoring facility in good working order shall not be grounds for the User to claim that
sample results are unrepresentative of its Discharge.
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 Changed Conditions. Each User must notify the Control Authori~
of any planned significant changes to the User's operations or system which might alter the
nature, quality, or volume of its wastewater at least sixty LO) days before the change
1. The Control Authority may require the User to submit such information
as may be deemed necessary to evaluate the changed condition, including the submission of
a Discharge Permit application 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 greater, and the discharge of
any previously unreported Pollutants.
F. Reports of Potential Problems
1. In the case of any Discharge, including, but not limited to. accidental
Discharges, Discharges of anon-routine, episodic nature, anon-customarv batch Discharge
or a Slug load. that may cause potential problems for the Control Authority. the User shall
immediately telephone and notify the Control Authority of the incident. This notification shall
include the location of the Discharge, type of waste, concentration and volume. if known and
corrective actions taken by the User.
2. Within five (5) days following such Discharge, the User shall, unless
waived by the Control Authority, submit a detailed 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 shall not relieve the User of any expense loss damage or
other liability which may be incurred as a result of damage to the WWF. natural resources
Underlined passages are added. -29- ~~gl~t passages are deleted.
or any other damage to person or ~roperty• nor shall such notification relieve the User of any
fines penalties or other liability which may be imposed pursuant to this Ordinance.
3. A notice shall be ~ermanently~osted on the User's bulletin board or
other prominent lace advisi~ employees whom to call in the event of a Discharge described
in Paragraph 1 above Em~loXers shall ensure that all employees who may cause such a
Discharge to occur are advised of the emergency notification procedure.
G. Reports from Un~permitted Users All Users not required to obtain a Permit
shall provide appropriate reports to the Control Authority as the Control Authority may
regu!re•
H. Notice of Violation/Repeat Snm~ling and Reporting If sampling performed
a User indicates a violation the User must notify the Control Authority within twenty-four
X24) hours of becoming_aware of the violation The User shall also repeat the sampling and
analysis and submit the results of the repeat analysis to the Control Authority within thirty
~30~davs after becoming aware of the violation The User is not required to resample if the
Control Authority monitors at the User's facility at least once a month or if the Control
Authority samples between the User's initial sampling and when the User receives the results
of this sampling.
I. Notification of the Discharge of Hazardous Waste
1. Any User who commences the discharge of hazardous waste shall notify
the Control Authority the EPA Regional Waste Management Ordinance Director, and State
hazardous waste authorities in writing of any Discharge into the WWF of a substance which,
if otherwise disposed of would be a 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 and the tXpe of Discharge (continuous, batch, or other).
If the User discharges more than one hundred (100 kilograms of such waste per calendar
_month to the WWF the notification also shall contain the following information to the extent
such information is known and readi~ available 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 waste stream discharged during that calendar 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 take place no later than one hundred and
eighty (180) days after the discharge commences Any notification under this paragraph
needs be submitted onlnonce for each hazardous waste discharged. However, notifications
of chanced conditions must be submitted under Section 1-20.5-85 of this Code. The
notification requirement in this section does not apply to Pollutants already reported by
Underlined passages are added. -30- passages are deleted.
Users sub ject to Categorical Pretreatment Standards under the self -monitoring requirements
o Section 1-20.5-85 E) of this Code.
2. Dischargers are exempt from the requirements of Paragraph 1, above,
during a calendar month in which they discharge no more than fifteen (15) kilograms of
hazardous wastes unless the wastes are acute hazardous wastes as specified in 40 CFR
26130(4) and 26133(e) Discharge of more than fifteen (15 kilograms of nonacute hazardous
wastes in a calendar month or of any guanti~ of acute hazardous wastes as specified in 40
CFR 26130(dLand 26133(e) requires aone-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 regulations under Section 3001 of RCRA
identifying additional characteristics of hazardous waste or listing any additional substance
as,a hazardous waste the User must notify the Control Authority, the EPA Regional Waste
Management Waste Ordinance Director and State hazardous waste authorities of the
Discharge of such substance within ninety~90) days of the effective date of such
regulations.
4. In the case of any notification made under this section, the User shall
cert~ that it has a program in~lace to reduce the volume and toxicity of hazardous wastes
generated to the degree it has determined to be economically practical.
5. This provision does not create a right to discharge any substance not
otherwise permitted to be discharged by this Code a permit issued thereunder or any
applicable Federal or State law.
J. Analytical Requirements All Pollutant ana~ses including sampling techniques,
to,be submitted as part of a Permit application or report shall be performed in accordance
with the techniques~rescribed in 62-625 600(1)(eZF A C. unless otherwise specified in an
applicable Categorical Pretreatment Standard' or the sampling or analytical techniques for
the Pollutant in question is not given for the Pollutant in question sampling and analyses must
be performed in accordance with procedures approved by EPA.
K. Sample Collection
1. Except as indicated in Paragraph 2 below the User must collect
wastewater samples usin fq low proportional composite collection techniques. In the event flow
proportional sampling is infeasible the Control Authority may authorize the use of time
proportional sampling or a minimum of four L) grab samples where the User demonstrates
Underlined passages are added. -31- ~'~••~gl~ passages are deleted.
that this will provide a representative sample of the effluent being discharged. In addition,
grab samples may be required to show compliance with instantaneous Discharge limits.
2. Samples for oil and crease temperature pH ~anide phenols sulfides
and volatile organic compounds must be obtained using grab collection techniques.
L. Timing Written reports will be deemed to have been submitted on the date
postmarked For reports which are not mailed postage prepaid into a mail facility serviced
the United States Postal Service the date of receipt of the report shall govern.
M. Records Any Industrial User subject to the reporting requirements in this
Code is required to retain for a minimum of five (5 years any records of monitoring activities
and results and shall make records available for inspection or photocopying by the Control
Authority or state or federal officials Records shall include the date, exact place, method
and time of sam~linq_and the name of the person(s) taking the samples; the dates analyses
were performed' who performed the ana~sis• the analytical techniques or methods used and
the results of said analyses The five (5)~earperiod shall be automatically extended for the
duration of any litigation concerning the User the Control Authority or where the User has
been specifically notified of a longer retention period by the Control Authority.
Sec. 1-20.5-86 Protection from Dmm~ge.
No person shall maliciously willfully or negligently break damage destroy, uncover,
deface or tamper with any structure appurtenance or equipment which is a part of the
WWF Costs of an~damag_e to the WWF costs associated with Interference with the WWF,
costs associated with a~ penalties or enforcement actions imposed on the WWF, and costs
for additional treatment or alternative disposal methods required to meet effluent or sludge
treatment and disposal requirements (collectivel~'Damages„ resulting from violations of this
Code shall be paid by the User responsible for the violations, damages or costs.
The Control Authori~ will bill the User for the costs incurred by the Control
Authority for any cleaning repair or replacement work caused by the Interference or the
violation discharge.
Sec. 1-20.5-87. Powers and Authority of Inspectors.
Authorized representatives of the Control Authority the DEP, and the EPA bearing
proper credentials shall be permitted to enter upon and property without prior notification
for the purpose of inspection observation measurement sampling, testing review and/or
photoco~ying of records or investigation as mgy be necessary in the enforcement of this
Underlined passages are added. -32- S#~.tel~eng# passages are deleted.
Code Entry shall be made during_daylight or operating hours unless abnormal or emergency
circumstances require otherwise.
The Control Authority may seek issuance of a search warrant(s) from any court of
competent jurisdiction for the following reasons:
A. Refusal of access to a building structure or property or any part thereof
B. If the Control Authori~ is able to demonstrate probable cause to believe that
there maybe a violation of this Code.
C. If there is a need to inspect and/or sample as part of a routine inspection and
sampling~ro~ram of the Control Authority.
D. To protect th~ublic health safes and welfare of the Control Authority.
Sec. 1-20.5-88 Enforcement Actions.
The following escalating enforcement strategy may be used by the Control Authority
when Industrial Users are out of compliance with this Code. The various types of
enforcement actions shall be used as determined ~ the Control Authority depending on the
circumstances of the violation.
A. Immediate Threat to Public Health The Control Authority may require the
immediate halt of a Discharge if it is deemed as an immediate threat to public health or the
WWF.
B. Self-Monitoring The Industrial User will review its self-monitoring data to
determine whether a violation of this Ordinance and/or of its permit limitations has occurred.
If a violation has occurred the Industrial User must provide to the Control Authority:
1. 24-hour notification that a violation has occurred.
2. Magnitude and nature of the violation.
3. Details regarding analytical quality assurance
Failure to comply with the twenty-four-hour notification requirement will result in
administrative fines to be determined by the Control Authority.
C. Re-sampling Upon the determination that a violation has occurred, the
Industrial User must resample the final Discharge for the violated parameter. The re-
Underlined passages are added. -33- «-••~;n,=~g~t passages are deleted.
sampli ~ data must be submitted to the Control Authority within thirty (30) days of violation
discovery Failure to resample and report within thirty (30) days is a violation of this
ordinance and Rule 62 625 600(6)(b) F A C If the IU fails to resample and submit the
report within thirt,.y (30Zdavs the Control Authority will issue a Notice of Violation (NOV).
Failure to comply with the NOV will result in a single administrative fine to be determined
by the Control Authority per violation Continued failure to comply within sixty (60) days
from original violation thereafter will result in a monthly fine to be determined Control
Authority.
~. WWF Monitoring The Control Authority will conduct periodic, independent
compliance monitoring of Industrial Users as appropriate If the violation is not significant,
as defined in this Code the Control Authori~ will issue a NOV and a forty-five day
compli~, 'once schedule including the r~uirement to resample in order to determine whether u
violation is significant The results of the re-sampling must be submitted to the Control
Authority within thirt~(30~da~s of receipt of the compliance schedule. Failure to comply
will result in a single fine to be determined by the Control Authority per violation. Continued
failure to comps sixth (60) des after issuance of the NOV will result in a monthly fine to
be determined b~ the Control Authority.
E. Significant Noncompliance The Control Authority will review sampling data
obtained to determine whether S~nificant Noncompliance as defined in this Code has
occurred• in which case a single fine to be determined by the Control Authority will be
assessed per violation.
F. Formal Notice If Significant Noncompliance is determined to have occurred,
the Control Authority will issue a Notice of S~ni~icant Violation (NOSV), reauirina the
Industrial User to submit within fifteen115~days of the receipt of the notice, a ninety-day
compliance schedule to determine the need to install or construct Pretreatment facilities.
Failure to respond within fifteen (15Zda~s will result in a single fine to be determined by the
Control Authorit~.per violation Upon receipt of the draft compliance schedule, the Control
Authoritywill issue the compliance schedule as a condition of continued operation. A
Demonstration of Com~liance~DOC) will be included as the final item in the compliance
schedule If at any time during the ninety-day schedule the Industrial User determines that
Pretreatment facilities are rewired the Industrial User will inform the Control Authority
of such and submit a draft construction schedule.
G. DOC Upon completion of the ninety-day compliance schedule, the Control
Authority will review the DOC data to determine whether compliance has been achieved.
Failure to demonstrate compliance during the ninety-day schedule will result in the Control
Authori~ issuing another NOSV rewiring the Industrial User to submit within fifteen (15)
Underlined passages are added. -34- ~eatg~ passages are deleted.
dais of receipt of the NOSV a draft compliance schedule for the construction of new
Pretreatment facilities or the improvement, modification or expansion of existing facilities.
Failure to respond within fifteen (15) days will result in a single fine to be determined by the
Control Authority_per violation. Continued- failure to comply within sixty days of the NOSV
thereafter will result in a monthly fine to be determined by the Control Authority. Upon
receipt of the draft compliance schedule, the Control Authority will issue the compliance
schedule as a condition of continued operation. Approval of the facility design engineer bX
the Control Authority is required prior to design of the Pretreatment facility. A DOC will be
included as the final item in the compliance schedule. Upon completion of the construction
compliance schedule, the Control Authority will review the DOC data to determine whether
compliance has been achieved.
H. Final Schedule of Compliance. If the construction of Pretreatment facilities
does not achieve compliance, the Control Authori~ will assess a fine to be determined by the
Control Authority, and will issue a notice of monthly fine (NMF). Fines of the same amount
will continue to be assessed on a monthly basis until compliance is achieved or service is
terminated. The NMF will require that the Industrial User submit a draft final compliance
schedule within fifteen (15) days or receipt of the NMF. Upon receipt of the draft
compliance schedule, the Control Authority will issue the final schedule of compliance as a
condition of continued operation. A DOC period will be included as the final item in the
compliance schedule. Upon completion of the compliance schedule, the Control Authority will
review the DOC data to determine whether compliance has been achieved.
I. Show Cause Hearing. If the .final compliance schedule does not achieve
compliance, the Control Authority will issue a Notice to Show Caus~NSC) why the Discharge
permit should not be revoked and service terminated, in accordance with law. The NSC will
be served on the Industrial User speci f yina the time and place of the hearing the proposed
facts of the action, the reasons for such actions and a request that the Industrial User show
cause why the proposed enforcement action should not be taken. The notice of the hearing
shall be served personally or by registered or certified mail (return receipt requested) at
least ten ,10) days prior to the hearing on the Industrial User or posted at the location where
the alleged violation is occurring or has occurred. Whether or not the Industrial User appears
as notified, immediate enforcement action may be pursued following the hearing. The Control
Authority will hold the show cause hearing to determine whether the permit should be
revoked and Sewer services terminated.
1. If the Industrial User shows cause for its failure to comply, service
shall not be terminated nor the permit revoked. The monthly fine will increase to an amount
to be determined by the Control Authorityper day and a new final compliance schedule will
be issued.
Underlined passages are added. -35- ~#raagkt passages are deleted.
2. If the Industrial User fails to show cause why its permit should not be
revoked and service terminated the Industrial User's permit shall be revoked and its Sewer
service will be terminated by the Control Authority.
J. Violations Not Addressed Penalties for violations of this Code and/or the
User's Permit not addressed in this section will be assessed at the discretion of the Control
Authority.
Sec. 1-20.5-89 Permit Fees and Penalties.
A. Permit_Application and Renewal Fee:
Initial Permit
Renewal Permit
Fine Amount for pH, BOD, TSS Violations
Analytical Fees
~ 1,100 ep rear
~ 900 er ear
~, 250 Minimum
On a permit by permit basis
Plus applicable Fees by other Control Agencies on a pass through basis.
B. Other Fees and Penalties are listed under Section 1-20.5-88, Enforcement
Actions.
C. Industrial waste surcharge rates shall be as listed below:
BOD = $0.20/Ib
TSS = $0.20/Ib
Oil & Grease = $7.30/Ib
Plus applicable Fees by other Control Agencies on a pass through basis
Monthly Surcharges shall be calculated as follows:
IWS - 8 34 ~V) ($0 20x(BOD-250) + $0 20y(TSS-250) + $7.30z(OG-75)
IWS =Monthly Industrial surcharge rate
V -Volume of industrial flow in million gallons per month based on metered
water.
BOD =Biochemical Oxygen Demand in mg/L.
TSS =Total Suspended Solids in mg/L.
OG =Oil and grease in mg/L.
X- Capital and operating costs der pound of BOD greater than 250 ma/L.
Y- Capital and operating costs per found of TSS greater than 250 ma/L.
Underlined passages are added. -36- ~#~e~##reag~+ passages are deleted.
Z- Capital and o,~erating costs per pound of oil and grease greater than 75
ma/L.
D. Andperson who violates a provision of this Code shall be prosecuted in the name
of the State of Florida in a court having iuri~,_ 'sdiction of misdemeanors by the prosecuting
attorney thereof and upon conviction shall be punished by a fine to be determined by the
Control Authori~ for each offense or by imprisonment not to exceed sixty (60) days or by
both such fine and imprisonment If a violation continues each day of such violation shall
constitute a separate offense.
E. Any person who knowingly makes any false statement representation or
certification in any record or other document submitted under this Code shall be subject to
fines to be determined ~ the Control Authority per violation or by imprisonment for not
more than sixt~(60) days, or both.
F. The Control Authority m~ revise the permit fees and penalties from time to
time by Resolution.
Section 1-20.5-90. Civil 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 authorized to institute
anv appropriate action or pro reeding including suit for damages injunctive relief and civil
penalties to be determined by the Control Authorityper day per violation in order to prevent
or abate violations of this Code or to recover Damages as provided in Section 1-20.5-86. The
Control Authoritymay recover reasonable attorneys' fees court costs, and other expenses
associated with enforcement activities including sampling and monitoring expenses, and the
cost of any Damages incurred by the Control Authority.
A. Injunctive Relief When the Control Authority finds that a User has violated,
or continues to violate a~ provision of this Code a Permit or order issued hereunder, or anv
other Pretreatment Standard or Requirement the Control Authority may petition the Circuit
Court for the issuance of a tem~orarX or permanent injunction as appropriate, which
restrains or compels the specific performance 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 legal and/or equitable relief including a requirement or
the User to conduct environmental remediation A petition for injunctive relief shall not be
a bar against or a prerequisite for taking any other action against a User.
Underlined passages are added. -37- 5#rael~krrat~g~t pnssages are deleted.
B. Criminal Prosecution.
1. A User who willfully or neg_liaently violates any provision of this Code,
a Permit or order issued hereunder or any other Pretreatment Standard or Requirement
shall upon conviction be guilty of a misdemeanor punishable by a fine of not more than the
maximum fine allowed under State lawyer violation per day or imprisonment or both.
2. A User who willfully or negligently introduces any substance into the
WWF which causes~ersonal indury 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
cause of action for personal injury or property damage available under State law.
3. A User who knowing makes a~ false statements, representations, or
certifications in any application record report plan or other documentation filed, or
required to be maintained pursuant to this Code Permit or order issued hereunder, or who
falsifies tampers with or knowing renders inaccurate any monitoring device or method
required under this Code shall upon conviction be punished by a fine of not more than the
maximum fine allowable under State law per violation per day or imprisonment or both.
4. In the event of a second conviction a User shall be punished by a fine
of not more than the maximum fine allowable under State law per violation, per day, or
imprisonment, or both.
C. Remedies Nonexclusive The remedies provided for in this Code are not
exclusive The Control Authori ~ maXtake any all or any combination of these actions against
a noncompliant 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 circumstances warrant. Further, the
Control Authority is empowered to take more than one enforcement action against any
noncompliant User.
Sec. 1-20.5-91 Notification Requirements.
A. Accidental Discha~e of Prohibited Discharge Standards. A User shall have
an affirmative defense to the imposition of~enalties (but not to recovery of damages caused
to the WWF) in an enforcement action brought against it for noncompliance with the general
prohibitions or the specific prohibitions in Section 1-20 5-82(A) of this Code if it can prove
that it did not know or have reason to know that its Discharge alone or in con junction with
Discharges f rom other sources would cause Pass Through or Interference and that either:
Underlined passages are added. -38- ~ae{e-#~reag~t passages are deleted.
1. A local limit exists for each Pollutant discharged and the User was in
compliance with each limit directl~r prior to and during the Pass Through or Interference;
or
2. No local limit exists but the Discharge did not change substantially in
nature or constituents from the User's prior Discharge when the WWF was regularly in
compliance with its NPDES~ermit and in the case of Interference was in compliance with
ap licable sludge use or disposal requirements.
B. Upset If there occurs an unintentional and temporary noncompliance with
Pretreatment Standards because of factors beyond the reasonable control of the Industrial
User and the Industrial User wishes to establish an affirmative defense to the imposition
o~penalties (but not to recovery of damages caused to the WWF) of an Upset, the User must
demonstrate through properly signed contemporaneous operating logs or other relevant
evidence. that:
1. An Upset occurred and the Industrial User can identify the cause of the
Upset; and
2. The Industrial User's facility was at the time of the Upset, being
operated in a~rudent and workmanlike manner and incompliance with applicable operation and
maintenance procedures; and
3. The Industrial User properly notified the Control Authority of the
Upset in accordance with the~rocedures set forth in Paragraph (D) below.
In any enforcement proceeding, the Industrial User seeking to establish the
occurrence of an Upset has the burden o~roof An Upset does not include noncompliance to
the extent caused by operational error 'rmproperly designed treatment facilities, inadequate
treatment facilities lack of preventive maintenance or careless or improper operation. The
Industrial User shall control~roduction or all Discharges to the extent necessary to maintain
compliance with Pretreatment Standards upon reduction loss or failure of its treatment
facility until the facilit~r is restored or an alternative method of treatment is provided. This
requirement aapplies in the situation where among other things the primary source of power
of the treatment facility is reduced, lost or fails.
C. ~pnss.
1. An Industrial User may allow Bypass to occur which does not cause
Pretreatment Standards or Requirements to be violated and does not cause damage to or
Underlined passages are added. -39- re~ag~ passages are deleted.
Interference with the WWF,. but only if it is for essential maintenance to assure efficient
operation.
2. If an Industrial User knows in advance of the need for a Bypass, it shall
submit a notice to the Control Authority at least ten X10) days before the date of the Bypass.
3. Bypass that exceeds applicable Pretreatment Standards is prohibited,
and the Control Authority shall take enforcement action against an Industrial User for a
Bypass, unless:
u. The Bypass was unavoidable to prevent loss of life, personal
in iury or sever property damage.
b. There were no technically feasible alternatives to the Bypass,
such as the use of auxiliary treatment facilities retention of untreated wastes, or
maintenance during normal periods of equipment downtime This condition is not satisfied if
adequate back-u~ equipment should have been installed in the exercise of reasonable
engineering,iud,~ament to prevent a Bypass which occurred during normal periods of equipment
downtime or preventative maintenance.
c. The Industrial User properly notifies the Control Authority of
the Bypass in accordance with the procedures set forth in Paragraph (D) below.
D. Notification of Accidental Discharge, Upset or Bypass.
1. Immediate Notification via Te/phone: In the event of an accidental
Discharge Slug load Upset or Bypass (including a violation of the Prohibited Discharge
Standards in Section 1-20 5-82 of this Code) the User shall take the necessary measures to
stop limit or control the Discharge The discharger shall immediately notify the Control
Authority within twent -four 24) hours about the incident by telephone. The notification
shall include:
a. Address of the Discharge
b. ape of Discharge
c. Concentration of Pollutants in the Discharge
d. Volume of Discharge
e. Corrective measures taken
2. Written Notification, Within five 5) days of the accidental Discharge,
Upset or Bypass the discharger shall submit a written report to the Control Authority. The
Underlined passages are added. -40-~••~nwaagl~t passages are deleted.
report shall include but not be limited to type of Discharge concentrations, volume, cause
the event duration of the event corrective measures taken and measures to be employed
to prevent f uture incidents- In the event further information is requested the discharger
shall provide the information within forty-eight (48) hours of the request. If the event
occurs during a holiday period or weekend the written notification shall be the first working
day following the holidayperiod or weekend Such notification shall not relieve the User of
any expense loss damage or other liabilit r~which may be incurred as a result of damage to
the WWF natural resources or a~ other damage to person or property; nor shall
notification relieve the User of any fines civil penalties or other liability which may be
imposed b~this Code or other applicable law.
3. Notice to Emp/oyees~ 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 an accidental Discharge Upset or Bypass Employers shall insure that all emplove~ es who
could cause or suffer such an accidental Dischar eq s Upset or Bypasses to occur are advised
of the emeraenc~notification procedures Failure to notify the Control Authority of
potential problem Discharges Upset or Bypasses shall be deemed a separate violation of this
Code.
Sec. 1-20.5-92 Confidentiality.
Information and data concerning individual Industrial Users obtained from reports,
questionnaires permit applications permits monitoring programs and inspections shall be
available to the public to the extent~ermitted by Florida law upon written request without
restriction unless the Industrial User specifically requests and is able to demonstrate to the
satisfaction of the Control Authority that such release would divulge information, processes,
or methods of.production entitled to protection as trade secrets under applicable State law.
Wastewater constituents and characteristics will not be recognized as confidential
information.
PART 6. CONFLICT.
This Ordinance repeals all other District actions to the extent in conflict with this
Ordinance.
PART C. SEVERABILITY.
If any provision of this Ordinance or the application 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 applications of the Ordinance which can be given effect without the
Underlined passages are added. -41- ~#r~ passages are deleted.
invalid provision or application, and to this end the provisions of this Ordinance are declared
severable.
PART D. FILING WITH THE DEPARTMENT OF STATE.
The Clerk be and is hereby directed forthwith to send a certif ied 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 in full force and effect upon adoption by the District.
PART F. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Charles Grande, Chairman AYE
Doug Coward, Vice Chairman AYE
Commissioner Chris Craft AYE
Commissioner Chris Dzadovsky AYE
Commissioner Paula A. Lewis AYE
PART G. CODIFICATION.
Provisions of this ordinance shall be incorporated in the St. Lucie County Code and
Compiled Laws, and the word "ordinance" may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to
accomplish such intention; provided, however, that parts 6 through G shall not be codified.
PASSED AND DULY ADOPTED this 20th day of April, 2010.
BOARD OF COUNTY COMMISSIONERS
ATTE T: ~ ST. LUCRE,-£O~UNTX, FLORIDA
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Deputy Cler~~ ='' '~ ~ C~a+r~
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`~.~. -42- «-~-~=o~g~t passages are deleted.
Underlined passages are added ,.
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APPROVERS TO FORM AND
COR CTI~4E,S~::~~
BY:
County Atto
Underlined passages are added. -43- ~#+°ae~lt#-hwaag~t passages are deleted.
CHARLIE CRIST
Governor
Apri130, 2010
Honorable Joseph E. Smith
Clerk of the Circuit Court
St. Lucie County
Post Office Drawer 700
Fort Pierce, Florida 34954
Attention: Ms. Millie Delgado-Feliciano, Deputy Clerk
Dear Mr. Smith:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated April 28, 2010 and certified copy of St. Lucie County Ordinance No. 10-012, which was
filed in this office on Apri130, 2010.
Sincerely, -
~ ~ r~
Liz Cloud
Program Administrator
LC/srd
DIItECTOR'S OFFICE
R.A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
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Secretary of State
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