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Ord 61-09ORDINANCE NO.61-09 AN OR.DiNANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEVirERS" OF THE CODE OF ORDINANCES BY AMENDING SECTION 53,004, "ABBREVIATIONS; DEFINITIONS", TO CLARIFY CERTAIN TERMS; A~MENDiNG SECTION 53,051, "PROHIBITED DISCHARGES TO SEWERS", PROVIDING A CHANGE IN CERTAIN DISCHARGE LIMITS AND ADDING A PROVISION FOR A:FFIRMATTVE DEFENSES; ENACTING SECTION 53.06$, "NOTICE OF VIOLATION/REPEAT SAMPLING AND REPORTING", TO PROVIDE FOR A NOTICE OF VIOLATION AND A REPEAT SA1~rIPLING PROCEDURE; AMENDING SECTION 53,084, ".ANALYTICAL REQUIREMENTS" TO A,DD REFERENCES TO THE FLORIDA ADMINISTRATIVE CODE; AMENDING SECTION 53.130, "USER CHARGES; V!~IIOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", SUBSECTION {G}, "CALCULATION OF SEWER SURCHARGE", TO MODIFY THE LOCAL LIMITS; AMENDING SECTION 53.150, "NOTIFICATION OF VIOLATIONS; CONSENT ORDERS" BY ENACTING SUBSECTION {C}, "COMPLIr~NCE ORDERS", AND SUBSECTION {D), "CEASE AND DESIST ORDERS"; AM] ;LADING SECTION 53.155, "AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATION", BY ENACTING SUBSECTION {C}, "PROHIBITED DISCHARGE STANDARDS", IN ORDER TO COMPLY WITH CHANGES IN STATE AND FEDERAL LAW; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to changes in State and Federal law governing the handling of wastewater, and in order to comply with the changes, the City Commission hereby desires to make changes in the City's ordinances in order to comply with State and Federal law. NOW, THEREFORE, BE IT OR.DAl'NED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Chapter 53, "Sanitary Sewers", of the Code of Ordinances is amended by amendinglenacting certain abbreviatiansldefinitions of Section 53.004, "Abbreviations; Definitions", to read as follows: Sec. 53.004. ABBREVIATIONS; DEFINITIONS. {A} The fallowing abbreviations shall have the designated meanings: Ord No. 61-09 T?'4, Total Toxic Organic. {B} The following terms, or phrases, shall have the designated meanings: Grab sample. A sample which is taken from a waste stream 'with no regard to the flow in the waste stream and over a period of time not to exceed fifteen (1S}minutes. 77'O Total Toxic Organics). Which is the summation of all quantifiable values greater than 0.01 milligrams per liter for the toxic organics listed under 40 CFR 433.11. Section 3. That Chapter S3, "Sanitary Sewers", of the Code of Ordinances is amended by amending Section S3.OS 1, "Prohibited Discharges to Sewers", to read as follows: Sec. S3.OS 1. PROHIBITED DISCHARGES TO SEWERS. {A} General Prohibitions. No user shall introduce or cause to be introduced into the Treatment Works any pollutant ar wastewater which causes pass through or interference. These general prohibitions apply to all users of the Treatment Works whether or not they are subject to categorical pretreatment standards ar any other national, State, or local pretreatment standards ar requirements. {B} Specific Prohibitions. These specific prohibitions exemplify but do not limit the general prohibitions found at subsection S3.OS 1(A} above, No user shall introduce or cause to be introduced into the Treatment Works the fallowing pollutants, substances, or wastewater: {1} Pollutants which create a fire ar explosive hazard, including, but not limited ta, waste streams with aclosed-cup flashpoint of less than 140°F (60°C} using test methods specified in 40 CFR 261.21; (2} Wastewater having a pH less than ~ SS_S, or greater than 9.5, ar otherwise causing corrosive structural damage to the Treatment Works or equipment; (3} Solid or viscous substances in amounts which will cause obstruction of the flow in the Treatment Works resulting in interference, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes, cups and milk containers; {4} Pollutants, including oxygen-demanding pollutants (BOD, etc.} released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference; (S} Wastewater having a temperature greater than 1S0° (6S°C}, or which will inhibit biological activity in the treatment plant resulting in interference, but in no case Ord No. 61-09 wastewater which causes the temperature at the introduction into the treatment plant to exceed 104°F (40°C}; {b} Petroleum oil, nonbiodegradable cutting oil, or products of mineral-oil origin, in amounts that will cause interference ar pass through; {7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the Treatment Works in a quantity that may cause acute worker health and safety problems; (8} Industrial waste haulers may discharge loads only at locations designated by the City. No load may be discharged without prior consent of the City. The Director may require samples to be collected of each hauled load to ensure compliance with applicable standards. The Director may require the industrial waste hauler to provide a waste analysis of any load prior to discharge; (9) Rloxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair; (10} Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the City's NPDES permit; {11) Storrnwater, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the Director, (12} Sludges, screenings, ar other residues from pretreatment ofindustrial wastes; (13} Medical wastes, except as specifically authorized by the City in a wastewater discharge permit; (14} Wastewater causing, alone or in conjunction with other sources, the Treatment Plant's effluent to fail a toxicity test; (1 S} Detergents, surface-active agents, or other substances which may cause excessive foaming in the Treatment Works; (16) Fats, oils, or greases, whether emulsified or not, or wastewater containing fats, oils or greases, whether emulsified or not, in concentrations in excess of one hundred (100) rng11 or substances which may solidify or become viscous at temperatures between thirty-two (32} degrees Fahrenheit and one hundred fifty {150) degrees Fahrenheit (zero {0} degrees Celsius and sixty-five {65} degrees Celsius),unless the user is approved by the City and provided fiirther that the user complies with the requirements of the City's high-strength sewer surcharge system. Ord No. b1-09 (C} The City is obligated to develop and enforce local limits necessary to implement and enforce the general and specific prohibitions (40 CFR 403,5}. Such local limits may be imposed on industrial users directly through the sewer use ordinance, through industrial user permits, and through additional control mechanisms the City intends to use as part of its pretreatment program. (D} Local limits for the South Central Regional Virastewater Treatment and Disposal Board apply to the sanitary sewer and are hereby listed as follows: City of Delray Beach Utilities Discharge Limits Parameter New Limit Metals Derr} ~:4~g,4 Arsenic ~-g~l- 1.14m 1 Cadmium 8;9~-rng~I 0.93 m 71 8-~1 Chromium-Total ~-7~-rn~l 17.97 rn Copper k~r:3~~gR 17.59 rn 1 Lead -I*:59~ 1.7fi m Mercury ~- 0.45 m > 1 Molybdenum -1-.1 2.SQ ma11 Nickel 8~-n~1--5.37 m 7,11 Selenium -lg~l 2.96 m Silver ~~r- 4.49 m~ Zinc 8:~-S-H~~1 2.28 m Inorganics -1.9a~,~1' Chloride 688-1 645m l Cyanide ~-~~g~l- 1.72 m 11 Cya~ne~aable 8-~- ~~~on ~~d~ ~~ Ph 5-5- 9.5 std. units Organics Ord No. 61-09 CBOD (surcharge) ~99~~1 4001700 *rnull 'i COD (surcharge) -1.98~~~ 800/1500*rn~ll Oil and grease X58-~t~l 100I240* m~tl Petroleum hydrocarbons 2S mg(1 Phenol 5.0 mg11 ~:9-~g~l Total Toxic Qrganics S mg,'1 Na 1 > 1.0 mg11 TSS (surcharge) 4001500 *mg/1 Particle size < 112" Radioactive elements Are prohibited Temperature 150 deg_F *Lower surcharge limidupper Local Limit subject to enforcement actions. Section 4. That Chapter 53, "Sanitary Sewers", of the Cade of Ordinances is amended by enacting Section 53.06$, "Notice of ViolationtRepeat Sampling and Reporting", to read as fallows: Sec 53.06$. NOTICE OF VIOLATIONIREPEAT SAMPLING AND REPORTING If sampling performed by a user indicates a violation, the user must notify the Director within twenty.-four X24} hours of becoming aware of the violation, The user shall repeat the sampling and analysis and submit the results of the repeat analysis to the Director with thirty~30} days after becoming aware of the violation. The user is not required to resample if the Director monitor's at the user's facility at least once a month, ar if the Director samvles between the user's initial samt~linu and when the user receives the results of this sampling; Section 5. That Chapter S3, "Sanitary Sewers", of the Cade of Ordinances is amended by amending Section 53.0$4, "Analytical Requirements", to read as fallows: Sec. 53.0$4, ANALYTICAL RE4LTIREMENTS All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application ar report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 ,Chapter 62-160 F.A.C. and 62-625.600 fly ~), F.A.C. does not contain sampling or analytical Ord No. 61-09 techniques for the pollutant in question, sampling and analysis must be performed in accordance with procedures approved by EPA. Section 6. That Chapter 53, "Sanitary Sewers", of the Cade of t?rdinances is amended by amending Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", Subsection {G), "Calculation of Sewer Surcharge", to read as follows: {G) Calculation ~, f Sewer Surcharge. { 1) Calculation of the sewer surcharge shall be in accordance with the following: Local limits {allowable strength) reference at South Central Regional Wastewater Treatment and Disposal Board. Allowable er Limits subject to Parameter Percent of Effect on Costs Level of Sewage Strength nforcement actions CBOD 41 X88 400 mgll {ppm) 700 m 1 TSS 15 X98 400 rngll {ppm) 00m ~enit~- 41- ~~9-H~"~~#1~~~- CC}D 41 -1 y898 800 m$[l {ppm) 1 S00m Oil/Grease 41 X38100 mgl~ppm) 40 m 1 Let: F=Fl+F2+F3~4 Where: F =The factor to multiply the sewer rate for a surcharge due to excess strengths F1 =The strength factor far BQD or CC}D, whichever is higher. F2 =The strength factor for TSS {total suspended solids) F4 F3=The strength factor for oiUgrease. C}rd No. 61-09 (2} The surcharge wi11 be added to the sewer commodity charge to develop the monthly cast per customer. As an example of sewer charge calculations utilizing sewer commodity charge and the strength surcharge formula, assume the following with respect to Ajax Manufacturing Company: total monthly flow of one thousand {x;898 1 000 gallons; GOD of one thousand two hundred (1,200} mgll; BOD of one thousand (1,000} mgll; total suspended solids of two thousand (2,000} mg11; ;oil/grease at f"ive hundred {500} mg/1; prevailing monthly sewer commodity charge is one dollar ninety-seven cents ($1.97) per one thousand (1,000) gallons: {a} Sewer Commodity Charge. ~1.97J1,000 gallons (100,000 gallons per month) _ $1971month (b} Sewer Surcharge Calculation. F1 = , . 800 (1,200-800)J800 = 4.21 F2 = , - . 400 (2,000--400}1400 = 0.6 F3 = 100 - (500--100)/100 = 1.6 ;/A - - , 1 F = ~7 + ~q~-+-g.~}~}-~--~:4~-=}.g4 0.21+0.6 +I.6 = 2.41 {c) Taal Monthly Charge {Sewer Commodity Charge Plus Surcharge): $1971rnonth + $ l 971month F1-:84~} 2.41 = $~-5'x:48 671.77 Section 7. That Chapter 53, "Sanitary Sewers", of the Code of Ordinances is amended by amending Section 53.150, "Notification of Violations; Consent Orders", by enacting Subsection {C), "Compliance Orders" and Subsection {D), "Cease and Desist Orders", to read as follows: (C) Compliance Orders When the Director finds that a user has violated , or continues to violate, anv provision of this ordinance, a wastewater discharge permit or order issued hereunder, or anv other pretreatment standard or requirement .the Director rnav issue an order to the user responsible far the discharge directing that the user come into compliance within a~ecified time, if the user does not come into compliance within the time period, sewer may be disconnected unless adequate treatment facilities, devices, ar other related appurtenances are installed and ~raperly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not to extend the deadline far compliance established far a pretreatment standard or requirement, nor does a compliance order relieve the user of liabili far anv violation, including anv continuing violation. Ord No. 61-09 Issuance of a compliance order shall not be a bar against, or prerequisite for, takin~an~ther action against the user. (D) Cease and Desist Orders When the Director finds that a user has violated, ar continues to violate, an~,pravision of this ordinance, a wastewater discharge permit ar order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Director may issue an order to the user directint; it to cease and desist all such violation and directing the user: A. Immediately com~sly with all requirements: and B. Tape such appropriate remedial or preventive action as may be needed to properly address a continuing ar threatened violation, including haltinng operations andJar terminatin.~ the discharge, Issuance of a cease and desist order shall not be bar against, or a prerequisite for, taking an o action against the user. Section 8. That Chapter 53, "Sanitary Sewers", of the Cade of Ordinances is amended by amending Section 53.155, "Affirmative Defenses to Discharge Violation", by enacting Subsection {C), "Prohibited Discharge Standard" to read as follows: ~C) Prohibited Discharge Standards A user shall have an affirmative defense to an enforcement action brau hg~t against it for noncompliance with the eneral prohibitions in Section 53.051 (A} of this ordinance ar the specific prohibitions in Section 53.05 l(BZ{1~ through 53,051 (B} {16 of this ordinance if it can prove that it did not know, or have reason to know, that its discharge, alone ar in coniunction with discharges from other sources, would cause Mass through or interference and that either: A_. A local limit exists far each pollutant discharged and the user was in compliance with each limit directly prior to, and during the pass through or interference :or B. No local limit exist, but the discharge did not chance substantially in nature or constituents from the user's~rior discharge when (the City was re ularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. Section 9. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Ord No. 61-09 Section 10. That all ordinances ar parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 11. That this ordinance shall became effective immediately upon its passage on second and final reading. PASSED A,ND ADOPTED in regular session on second and final reading an this the ~ day of N , 2010. MA R ATTEST City Clerk First Reading ~ ~ ~ c~, Second Reading_'~~~ ~~~ Ord No. fi l -09 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Hazden, City Manager DATE: December 16, 2009 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF JANUARY 5.2010 ORDINANCE N0.61-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to amend the Code of Ordinances Chapter 53, "Sanitary Sewer", to comply with the new local dischazge limits that were approved by the Florida Department of Environmental Protection (FDEP) for the South Central Regional Wastewater Treatment Plant (SCRWTP). BACKGROUND At the first reading on December 8, 2009, the Commission passed Ordinance No. 61-09. RECOMMENDATION Recommend approval of Ordinance No. 61-09 on second and final reading. http://miweb001/Agendas/Bluesheet.aspx?ItemID=2883&MeetingID=228 1/8/2010 ORDINANCE N0.61-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS" OF THE CODE OF ORDINANCES BY AMENDING SECTION 53.444, "ABBREVIATIONS; DEFINITIONS", TO CLARIFY CERTAIN TERMS; AMENDING SECTION 53.051, "PROHIBITED DISCHARGES TO SEWERS", PROVIDING A CHANGE IN CERTAIN DISCHARGE LIMITS AND ADDING A PROVISION FOR AFFIRMATIVE DEFENSES; ENACTING SECTION 53.468, "NOTICE OF VIOLATIONIREPEAT SAMPLING AND REPORTING", TO PROVIDE FOR A NOTICE OF VIOLATION AND A REPEAT SAMPLING PROCEDURE; AMENDING SECTION 53.084, "ANALYTICAL REQUIREMENTS" TO ADD REFERENCES TO THE FLORIDA ADMINISTRATIVE CODE; AMENDING SECTION 53.134, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", SUBSECTION {G}, "CALCULATION OF SEWER SURCHARGE", TO MODIFY THE LOCAL LIMITS; AMENDING SECTION 53.154, "NOTIFICATION OF VIOLATIONS; CONSENT ORDERS" BY ENACTING SUBSECTION {C}, "COMPLIANCE ORDERS", AND SUBSECTION {D}, "CEASE AND DESIST ORDERS"; AMENDING SECTION 53.155, "AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATION", BY ENACTING SUBSECTION {C}, "PROHIBITED DISCHARGE STANDARDS", IN ORDER TO COMPLY WITH CHANGES IN STATE AND FEDERAL LAW; FROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to changes in State and Federal law governing the handling of wastewater, and in order to comply with the changes, the City Commission hereby desires to make changes in the City's ordinances in order to comply with State and Federal law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Chapter 53, "Sanitary Sewers", of the Cade of Ordinances is amended by arnendinglenacting certain abbreviatiansldefinitians of Section 53,044, "Abbreviations; Definitions", to read as fallaws: Sec. 53,004. ABBREVIATIONS; DEFINITIONS. {A) The following abbreviations shall have the designated meanings: Ord No. 61-49 77'O. Total Toxic Organic. (B} The following terms, or phrases, shall have the designated meanings: Grab sample. A sample which is taken from a waste stream with no regard to the flaw in the waste stream and over a period of time not to exceed fifteen x,15}minutes, TTU (Total Toxic C~r~anics). Which is the summation of all quantifiable values greater than 4.41 milligrams per liter for the toxic organics listed under 44 CFR 433.1 I . Section 3, That Chapter 53, "Sanitary Sewers", of the Code of Ordinances is amended by amending Section 53.451, "Prohibited Discharges to Sewers", to read as follows: Sec. 53.451, PROHIBITED DISCHARGES TO SEWERS. (A) General Prohibitions. No user shall introduce or cause to be introduced into the Treatment Works any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the Treatment Works whether or not they are subject to categorical pretreatment standards or any other national, State, or local pretreatment standards or requirements. (B) Specific Prohibitions. These specific prohibitions exemplify but do not limit the general prohibitions found at subsection 53,451(A) above. No user shall introduce or cause to be introduced into the Treatment Works the following pollutants, substances, or wastewater: (1} Pollutants which create a fire or explosive hazard, including, but not limited to, waste streams with aclosed-cup flashpoint of less than 144°F (64°C) using test methods specified in 44 CFR 261.21; (2} Wastewater having a pH less than 3-8 5.5. or greater than 9.5, or otherwise causing corrosive structural damage to the Treatment Works or equipment; (3} Solid or viscous substances in amounts which will cause obstruction of the flow in the Treatment Works resulting in interference, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes, cups and milk containers; (4} Pollutants, including oxygen-demanding pollutants (BOD, etc.} released in a discharge at a flow rate andlor pollutant concentration which, either singly or by interaction with other pollutants, will cause interference; (5) Wastewater having a temperature greater than 154° (b5°C), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case Ord No. 61-49 wastewater which causes the temperature at the introduction into the treatment plant to exceed 104°F {40°C); {6} Petroleum ail, nonbiodegradabie cutting ail, or products of mineral-oil origin, in amounts that will cause interference ar pass through; {7} Pollutants which result in the presence of toxic gases, vapors, ar fumes within the Treatment Works in a quantity that may cause acute worker health and safety problems; {8) Industrial waste haulers may discharge loads only at locations designated by the City. No load may be discharged without prior consent of the City, The Director may require samples to be collected of each hauled load to ensure compliance with applicable standards, The Director may require the industrial waste hauler to provide a waste analysis of any load prior to discharge; {9) Naxiaus or malodorous liquids, gases, solids, or other wastewater which, either singly ar by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance ar repair; (10} Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the City's NPDES permit; {11) Starmwater, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pawl drainage, condensate, deianized water, noncantact cooling water, and unpolluted wastewater, unless specifically authorized by the Director; (12) Sludges, screenings, ar other residues from pretreatment of industrial wastes; {13) Medical wastes, except as specifically authorized by the City in a wastewater discharge permit; {14) Wastewater causing, alone or in conjunction with other sources, the Treatment Plant's effluent to fail a toxicity test; {15) Detergents, surface-active agents, or other substances which may cause excessive foaming in the Treatment Works; {16} Fats, ails, ar greases, whether emulsified ar not, or wastewater containing fats, oils ar geases, whether emulsified or not, in concentrations in excess of one hundred {100} mgll ar substances which may solidify or became viscous at temperatures between thirty-two {32) degrees Fahrenheit and one hundred fifty (150) degrees Fahrenheit {zero {0) degrees Celsius and sixty-five {65) degrees Celsius},unless the user is approved by the City and provided further that the user complies with the requirements of the City's high-strength sewer surcharge system. Qrd No. 61-09 (C} The City is obligated to develop and enforce local limits necessary to implement and enforce the general and specific prohibitions (40 CFR 403.5}. Such local limits may be imposed on industrial users directly through the sewer use ordinance, through industrial user permits, and through additional control mechanisms the City intends to use as part of its pretreatment program. (D} Local limits for the South Central Regional Wastewater Treatment and Disposal Board apply to the sanitary sewer and are hereby listed as follows; City of Delray Beach Utilities Discharge Limits Parameter New Limit Metals A-nti~3~ -r~g~l Arsenic ~-t~-g~- 1.14m l Cadmium 8:48-mg1~ 0.93 m 1 8 Chromium-Total 4-'~=,tEl'l 17.97 m I Copper -1.6=~ 17.59 m~~ ~ ~ Lead -i-~i9-t~~,~ 1.76 m I Mercury 8-i~ 0.45 m 1 Molybdenum ~-44S-~g~l 2.50 ma11 Nickel 8:9~-~}I-5.37 m 1 Selenium ~tg~l 296 m 1 Silver ~-96-m~1- 4_49 m i Zinc $:9:~~ 2.28 m 1 Inorganics 4-981 Chloride 688-n}g~ 645m 1 Cyanide ~~~,+~- 1_.72 mu111 by~~e-amenable 83~--n;g~ te-er~a~ien 83-t Fie 38-x1 Ph 5-5- 9.5 std. units Organics Ord No. 61-09 CBOD (surcharge) ~I3~ 400/700 *m~ll CUD (surcharge} ~ $0011500*m~11 Oil and grease X50-~r 100J240* rn~Jl Petroleum hydrocarbons 25 mgll Phenol 5.0 mg/1 ~rt~ Total Toxic Organics 5 mgll No 1 > 1.0 mgJ1 TSS {surcharge) 4001500 *mgt] Particle size < 112" Radioactive elements Are prohibited Temperature 150 deg , F *Lower surcharge lim]tlupper Local Limit subject to enforcement actions. Section 4. That Chapter 53, "Sanitary Sewers", of the Code of Ordinances is amended by enacting Section 53.06$, "Notice of ViolationlRepeat Sampling and Reporting", to read as follows: Sec 53.068. NOTICE OF VIOLATIONIREPEAT SAMPLING AND REPORTING If sampling performed by a user indicates a violation, the user must notify the Director within twenty-four (24) hours of becoming aware of the violation. The user shall repeat the sampling and analysis and submit the results of the repeat analysis to the Director with thirty (30Z days after becoming aware of the violation. The user is not required to resample if the Director monitor's at the user's facilit amt least once a month, or if the Director samples between the user's initial sarnplin~ and when the user receives the results of this sampl]n~ Section 5. That Chapter 53, "Sanitary Sewers", of the Cade of Ordinances is amended by amending Section 53 A84, "Ana]ytical Requirements", to read as follows: Sec. 53.084. ANALYTICAL REOIJIREMENTS All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an appl]cable categorical pretreatment standard. If 40 CFR Part 136 ,Chapter 62-160 F.A.C. and 62-625.600 (1) (E), F.A.C. does not contain sampling or analytical Ord No. 61-09 techniques for the pollutant in question, sampling and analysis must be performed in accordance with procedures approved by EPA. Section 6. That Chapter 53, "Sanitary Sewers", of the Code of Qrdinances is amended by amending Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", Subsection {G}, "Calculatian of Sewer Surchazge", to read as follows: {G) Calculatian of Sewer .Surcharge. {1} Calculatian of the sewer surcharge shall be in accordance with the fallowing: Laval limits {allowable strength) reference at South Central Regional Wastewater Treatment and Disposal Board. Allowable er Limits subject to Parameter Percent of Effect on Casts Level of Sewage Strength nforce,e,nt„ actions CBOD 41 588 400 mgll (ppm,} ?00 m 1 TSS 15 ; 400 mgll (ppm} 500m 1 CQD 41 -1~9A9 800 mg11_(ppm2 1500m 1 Qi1lGrease 41 ~S8 100 mg~l (ppm) 40 m 1 Let: F-Fl+F2+F3~4 Where: F =The factor to multiply the sewer rate for a surcharge due to excess strengths F 1 =The strength factor for BQD or CQD, whichever is higher. F2 =The strength factor for TSS {total suspended solids} 84 F3=The strength factor for oilJgrease. Qrd Na, 61-09 {2) The surcharge will be added to the sewer commodity charge to develop the monthly cast per customer. As an example of sewer charge calculations utilizing sewer commodity charge and the strength surcharge formula, assume the fallowing with respect to Ajax Manufacturing Company: total monthly flaw of one thousand {-1^8t~A9 1,OOU} gallons; COD of one thousand two hundred (1,200) mg11; BOD of one thousand {1,000} mg1l; total suspended solids ofiwo thousand {2,000) mgl1; ; aillgrease at five hundred {500} mgtl; prevailing monthly sewer commodity charge is one dollar ninety-seven cents {$1.97} per one thousand {1,000} gallons: (a) Sewer Commodity Charge. $1.97/ 1,040 gallons (100,000 gallons per month) _ $197Jmanth (b} Sewer Surcharge CaXculation. F 1 = - . 800 C 1,200-800)/804 = 0.21 F2 = - . 400 f2,00t}--40011400 = 0.6 F3 = 140 - {500--1001/100 = 1.6 F4= - . 1 F = 0-37-~a~-B:AS-.~-8:4~-9.41-~-:~84 0.21+0.6 +l.b = 2.41 {c) Total Monthly Charge (Sewer Commodity Charge Plus Surcharge): $1971manth + $197lmanth F1-S43 {2.41) _ $SSi9:4S 671.77 Section 7. That Chapter S3, "Sanitary Sewers", of the Code of Ordinances is amended by amending Section 53.150, "Notification of ~ialatians•, Consent Orders", by enacting Subsection (C}, "Compliance Orders" and Subsection (D}, "Cease and Desist Orders", to read as follows: {C) Compliance Orders When the Director finds that a user has violated , or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, ar an anther pretreatment standard or requirement ,the Director may issue an order to the user responsible far the discharge directing that the user came into compliance within a specified time. If the user does not came into compliance within the time period, sewer may be disconnected unless ad~uate treatment facilities, devices, ar other related appurtenances are installed and properl +~aperated. Compliance orders also may contain other requirements to address the nancomnliance, including additional self-monitoring and management practices designed to minimize the amount ofpallutants discharged to the sewer, A compliance order may not to extend the deadline far cam~liance established far a pretreatment standard ar requirement, nor does a compliance order relieve the user of liability for env violation, including env continuing violation. Ord Na. 61-09 Issuance of a compliance order shall not be a bar against, or prerequisite for, taking any other action against the user. (D) Cease and Desist Orders When the Director finds that a user has violated, ar continues to violate, any provision of this ordinance, a wastewater discharge permit ar order issued hereunder. or any other pretreatment standard or requirement, ar that the user's past violations are likely to recur, the Director may issue an order to the user directin it to cease and desist all such violation and directing the user: A. Immediatel~~ly with all requirements: and B. Take such appropriate remedial or preventive action as may be needed to properly address a continuing ar threatened violation, includin h~; aping at~erations and/ar terminating the dischars~e. Issuance of a cease and desist order shall not be bar against, or a~rereauisite far, taking,an ay ther action against the user. Section $, That Chapter 53, "Sanitary Sewers", of the Code of Ordinances is amended by amending Section 53.155, "Affirmative Defenses to Discharge Violation", by enacting Subsection (C}, "Prohibited Discharge Standard" to read as follows: (C) Prohibited Discharge Standards A user shall have an affirmative defense to an enforcement action brow t against it for noncompliance with the eng_ eral prohibitions in Section 53.051 (A) of this ordinance or the specific prohibitions in Section 53.051(8) ~l}through 53.051 {B}~Ibl of this ordinance if it can prove that it did not know, or have reason to know. that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either: A, A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during. the~ass through or interference :or B. No local limit exist, but the discharge did not change substantially in nature or constituents from the user's prior discharge when (the City) was regularly in com,~liance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. Section 9. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Ord No. 61-09 Section 10. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 11. That this ordinance shall became effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session an second and final reading on this the day of , 2009. ATTEST MAYC}R City Clerk First Reading Second Reading t?rd No. b l -09 Page 1 of 3 ME~(}RANDITM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Depaz7tment THROUGH: David Harden; City Manager DATE: December 2, 2009 SUBJECT: AGENDA ITEM 12.A. - REGUI AR COMMISSI(JN MEETING {}F DECEMBER 8 2009 {.IRDINANCE N(J. 61-09 ITEM BEFO~tE COMMISSIC}N Consider amending Chapter 53, Sanitary Sewers, of the Code of Ordinances to comply with the new local discharge limits approved by the Florida Department of Environmental Protection (FDEP} for the South Central Regional Wastewater Treatment Plant {SCRWTP}. BACKGROUND The local discharge limits for the SCRWTP were re-evaluated in the Spring of 2009. The new limits were approved in June 2009. Subsequently, the City revised its Sewer Use Ordinance to reflect the new limits as well as modifying other sections as recommended by FDEP. The draft proposal met the requirements of Chapter 62-625 of the Florida Administrative Code, per letter of June 27, 2009 from FDEP. These amendments must now be adopted into the City's Sewer Use Ordinance. The new discharge limits are listed below: City of Delray Beach Utilities Discharge Limits ararneter ew Limit etals rsenic I.14m 1 Cadmium 0.93 m Chromium-Total 17.97 m 1 http:/lmiweb001/AgendaslBluesheet.aspx?IternID=2869&MeetingID=227 12!16/2009 Page 2 of 3 o er 17.59 m 1 ead 1.76 m 1 ercu 0.45 m 1 01 bdenum 1 2.50 m 1 ickel 5.37 m Selenium 12.96 m 1 Silver 4.49 m inc 2.28 m 1 nar anics loride 645m C snide 1.72 m Il h 5-5- 9.5 std. units r anics BC}D (surcharge} * 4001700 m 1 OD (surcharge} 80011500*rn it and grease 100l240* etroleurn h droearbons 5 m 1 henol 5.0 m 3 otal Toxic C}r anics 5 m No 1 > 1.4 m SS surchar a 001500 *m 1 article size 112" dioactive elements prohibited em erature 150 de . F *Lower surchar a limitlu er Local Limit subject to enforcement actions. In addition, amendments were also made to the fallowing sections: http.llmiweb001lAgendaslBluesheet.aspx?Item1D=2869&MeetingID=221 12/16!2009 Page 3 of 3 + Section 53.004, "Abbreviations; Definitions", to clarify certain terms. + Section 53.051, "Prohibited Discharges to Sewers", providing a change in certain discharge limits {as listed above} and adding a provision for affirmative defenses. . Enacting Section 53.068, "Notice of ViolationlRepeat Sampling and Reporting", to provide for a notice of violation and a repeat sampling procedure. . Amending Section 53.084, "Analytical Requirements" to add references to the Florida Administrative Code. + Section 53,130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", subsection {g}, "Calculation of Sewer Surcharge", to modify the local linuts. + Section 53.150, "Notification of Violations; Consent Orders" by enacting subsection {c}, "Compliance Orders" and subsection {d}, "Cease and Desist Orders". + Section 53.155, "Affirmative Defenses to Discharge Violation", by enacting subsection {c}, "Prohibited Discharge Standards", in order to comply with changes in state and federal law. REVIEW BY OTHERS South Central Regional Wastewater Treatment Plant has reviewed and approved the amendments to the City's Sewer Use Ordinance at their October 15th, 2009 meeting. RECOMI4IENDATION Staff recommends approval on the first reading of Ordinance No. 61-09 for the FDEP initiated amendments to the City's Sewer Use Ordinance, Chapter 53 Sanitary Sewers, for complying with the revised local discharge limits set at the SCRWTP and satisfying the requirements of Chapter 62-625 of the Florida Administrative Code, http.I/miweb0011Agendas/Bluesheet.aspx?ItemID=28698tMeetingID=227 1211612009 r~1' ~i~~ Cad Delray Beac~i ~~'~~ I}epnr~ttte~tf' afEnviron~nentat Services Ts~~~^ M E iVI {~ 12 A l~ I) ~ M tivw-v,rnydelraybeach.com TO: BRIAN SHUTT, CITY ATTO~Y FROMt PAUL H DECAROLIS, IPP/BF INSPECTOR ~~ ----I SUBJECT: SEVijER USE ORDINANCE DATE: October I6, 2009 The SCRWTB Board approved our Sewer Use Ordinance last night at their meeting. The City will new have to adopt the updated ordinance which was preliminarily approved by DEP on July 2T, 2009 {See Attach Letter). The new changes are all highlighted in blue and attachment A&B (Enclosed) will let you know what section of the Ordinance to find the new changes. Also, enclosed is EPA Model Pretreatment Ordinance that 1 crossed reference for the new changes. Also, see attach letter from DEP that states that we submit the program modification to the Department by December 38, 2009. If you have questions, please feel free to call meat 7302, rvd cc Richard C. Hasko, F.S., Dir. of ESD victor Majkenyf, Deputy Dtreckor of Publlc Uk~ jil fifes Scold Sofamon, Manager of w/S Nekwark FUa: Audit t)9 Forid~ Department Qf ,~~' CharlieCrlst ~b Governor Env~rc~nn1entaE r'r~tection s~Q Ieffxotti:anrp Lt. Governor Bob Martinez Center 2b00 Blair Stone Raad ltichaei 4V. Scrie 7aElahassee, Florida 323~~-24t10 Secretan~ lvlr. Willie Williams Pretreatment Coordinator South Central Regional wastewater Treatment and Disposal Hoaxd 1801 N Congress Avenue Delray Beach, Florida 33445 Re: South Central Regional Wastewater Treatment and Disposal Board Sewer LTse t~rdinance and IYiultijurisdictional Agreement Permit Number PL0035980 Dear IVIr, Williams: The Department of Envirorunental Protection (Department) has reviewed the draft sewer use ordinances (SUOs) of the Cities of Delray Beach and Boynton Beach, and the South Central Regional Wastewater Treatment and Disposal Hoard's draft multijurisdictionaI agreement (MJA} with the Cities of Delray Beach and Boynton Beach, received July 20. Based on the Departarentrs review, the SUQs and MJA were determined to satisfy the requirements of Chapter 62-625, Florida Adn~iistrative Code. Therefore, the StJOs and MJA are prelirnixiarily approved, contingent upon addressing the issues listed below, There is a typographical error in Section 53.004 of the SUC} for the City of Delray Beach regarding the definition of fiotal toxic organics. This section of the SUC? should list total toxic organics as "TTQ", not "TTT", Please revise this section accordingly prior to adopting the SUt3. There is also a typographical error listed under Part 30.A of the MJA. This section should read "...permitted by general law", not permitted Ivry genera! Iaw. Please revise this section accordingly. Please provide the Department with the anticipated date of adoption by August 24, If you have any questions regarding this correspondence, or need any assistance, please contact Hsiang Yu Chou- Hoafanan ar me at the letterhead address, or at {850} 245-86tI,5. Sincerely, Dawn K, fiemplm, P,E. Pretreatment Coordinator DiCTJhch cc: Tim Powell, P.E., DEP Southeast District Uffice Robert J. Nagel, SCRWTB Dezlis Coates, SCRWTB Rene Mathews, P.E., Mathews Consulting, Inc. 'tr9ore!'rotecUon. Less Aroeess" July 27, 2aos August 11, 2009 Mr. Willie WilLia~ins F1orsda Department a~' Enviror~ment~l protection -Bab Martinez Center 2600 Blair Stone Road Tallahassee, Fiartda 32399-2400 Pretreatment Coordinator South Central Regional Wastewater Treatment and Disposal Board 1801 N Congress Avenue • Delray Beach, Florida 33445 Re: South Central Regional. Wastewater Treatment and Disposal Board Sewer Use Ordinance and Muitijurisdictional Agreement Pernlit Number FL0035980 Dear Mr. Williams. Pr99chae! ~~. ~,olc Y.cE`~1.4,~~ The Department of Environmental Protection (Department} has reviewed the South Central Regional Wastewater Treatment and Disposal Board's (Board) anticipated schedule of adoption for the sewer use ordinances of the Cities of Delray Beach and Boynton Beach, and the Board's multijurisdictional agreement with the Cities of Delray Beach and Boynton Beach, received August 10. - Please abide by the schedule specified in the Board's letter and submit the program modification to tl;e Department by December 28. If you have any questions regarding this correspondence, ar need any assistance, please contact Hsiang-Xu Chou-Hoofman or me at the letkerhead address, or at ($v0) 245-8605. Sincerely, Gf.~ Dawn ~. Terrtplin, P.E. Pretreatment Coordinator DKTJ hch cc: Tim Powell, P.E., l?EP Southeast District Office Robert j. Hagel, SCRWTB Dennis Coates, SCRWTB :, Rene Mathews, P.J/., Mathews Consulting, Inc. .. ~ Agenda deem J4 rF C~k~f'O Charlie Criss Cc~vernar i ~CR.WWtt~. .. ,_ lerr h~tt~~-~~ li. Governor [IT4 OF ~~6W~l~ ~~W~~ RE. PRE'f REATMENT PRt7GRAM AUDIT PERMIT NUMBER FL.OU3598i~ Dear Mr, Dennis Coates: This letter Is In response to the above reference audit that took place on April 23, 2008. The fallowing Cs a break dawn of corrective measures that we addressed from Department of EnuironmentaC Protection letter of July 14, 2008. DEP CONCERNS CORRECTCVE ACTION TIME TABLE Attachment A Industrial Control Micronized will be closing as of SCRWTDB will update ail Mechanisms section'[ a&b. 8131/{?8. We will update all permits to reflect race when ' permits to reflect this rote 62- permits are reissued this year. 626.x00 2 a ~ F,A.C. 'Attachment A'Cndustriaf Control WIIC correct typographical SCRWT©B will update permit Mechanisms section 2 errors in Waste Management when the permit is reissued Permit. this ear. Attachment A Enforcement Please read ERP section D City of Delray sees no reason Response Pianx Question 1. types of violation. The plan to adopt changes if the plan already goes over this In great explains how we investigate detail. instances of noncom fiance. Attachment A Enforcement Please read section E, City of Defray sees na reason Response Pian, Question 2, Enforcement actions steps 1 to to adopt changes If the plan 6. Also see our matrix Cn explains how we describe section B on time periods types of iu's enforcement and within res onse fakes place. time tables. Enforcemen# Response Plan City of Boynton Beach has a Will submit with Cetter. for the Cit of Bo ratan Beach. current res onse fan. Attachment B Sewer use Will change definition to reflect WiCI matte changes to Ordinance. Grab sample new definition of grab sample. ordinance upon completion of definition checklist 1.4. our focal limit stud . Attachment B Sewer use Wl8 update ordinance with Will make changes to Ordinance. Permit appeals section on permit appeals. ordinance upon completion of checklist 6.3. ~ our local Iirr~it stud . ~~~vze~ • Piczi+QU~taNClr ~ivrr~~~z~v • ~~~~QNSxe~.l: ~NNOVaTZV~ • `~`1~an~wc~~K DEP CONCERNS CORRECTIVE ACl`ION TABLE Attachment B Sewer use Will update ordinance with Will make changes to Ordinance. 24 Wour notification section on 24 hour notice. ordinance upon completion of of becaming aware of a our lacat limit study. viaiation checklist 6.8. Attachment B Sewer use Also City of Boynton Beach will City of Boynton Beach will Ordinance. 24 Wour notification update ardinance with section make changes to ordinance of becaming aware of a an 24 hour notice. upon completion of our lacat viaiation checklisf 6.t3. limit stud . Attachment B Sewer use Will update ordinance an new Will make changes to Ordinance. Change rule on on sample collection, ordinance upon completion of regards to sample collection our total limit study. checklist 6.1fl. Attachment B Sewer use Please see section of City of City of Delray sees no reason Ordinance. Enforcement Delray Beach Ordinance #a adopt changes if ordinance remedies checklist 1t1. 53,141 and section 53.150 covers enforcement remedies !n those sections. Attachment B Sewer use Pleas see section of City of City of Boynton Beach sees na Ordinance. Enforcement Baynton Beach Ordinance 26- reason #o adapt changes if remedies checklist 10. 176. ordinance covers enforcement remedies In Ebel sections. Attachment B Sewer use Wi8 update ordinance with Will make changes to Ordinance. Remedies section on Remedies ordinance upon completion of Nonexclusive checklist 11.4. Nonexclusive. our local limit stud . Attachmen# B Sewer use Please see section of City of City of Delray sees no reason Ordinance. Prohibited Delray Beach Ordinance to adopt changes if ordinance Discharge Standards checklist 53.155 covers Discharge standards. 13.2. Attachment B Sewer use Will add #o City of Boynton City of Boynton Beach will Ordinance. Prohibited Beach Ordinance. make changes to ordinance ©ischargo .8tandsirde checklist _ ' . - . y .. ' ~ ...'.. upon completion ~-of Four ~ local 13.2. limit stud . If you have questions, please feel free to call me at {561}243-7302. Paul W. eCarolis IPP/BF Inspector !Pd Eno: Attachments: ERP,ardinance cc: Richard Hasko, P.E., Dir. of Environmantai Sanftces Victor MaJtanyl, Deputy Direct of PubBc Udlitles Scott Salomon, Manager of Water and Sawar Willie Wlllfams, Pretreatment Coordinator Eugene Tarvar, IPP/BF Inspector Arsenio Ettzondo, EnWranmental tnspactor Fite: DEPAUDIT 2008 >£nv~ronmental ~'rotection ieifKottkanip t.t. Governor Sob Martinez Center 2bOQ Blair Stone Road Rtichael tV. Sole Tallahassee, i:lotida 3239-240U Secretary Ju{y 14, 2il(}8 Mr. Wilde Wititams Pretrea#ment Coordinator South Central Regional Wastewater Treatment and Dlsposat Board ~ 8fl~ North Congress Ave, Defray Beach, FL 33445 Re; South Central Regional Wastewater Treatment and Disposal Board Pretreatment Program Audit Permit Number FLfl035980 Dear Mr. Williams; On April 23, the Florida Department of Environmental Protecfton (Department} performed a pretreatment program audit {PPA} of the South Gen#ra[ Regional Wastewater Treatment and Disposal Board {Doard} pretreatment program. The purpose of the PPA'was to evaluate the affectlveness of the program in contraDing industrial discharges and in mee#ing the requirements of Chapter 62-625, Florida Administrative Cade (F.A.C.}. ... The PPA cans(sted of the standard program interview, a review of the industrial user flies Waste Management of Palrn Beach (Waste Management) and Micronized Fluropalymer Products, inc.{Micronized}; and a site visl# to Micronized. As part of the PPA, the Board's enforcement response plan, and the City of Boynton Beach's and City of Delray Beach's sewer use ordinances ware also reviewed. Based an the PPA, the Board Is adequately implementing its pretreatment program. However, there are a few Issues tha# need to be addressed. A summary of the findings from our PPA is contained in Attachment A and a summary of the sewer use ordinances review !s contained In Attachment t3. Please review the attachments and respond to the Departmen# addressing our concerns by August 29. f# you have any questions regarding this correspondence, or need any assistance, please contact Sam Jlnkins or myself at the letterhead address or at ~85t3} 245-86t)5. Sincerely, ,Dawn K. Templin, P.E. Pretreatment Coordinator DKT/sw} Attachments cc; Tim Paweli, P.1=., DEP Sou#heast District Office Dennis Coates, SCRWTDS Paul Decaroils, City of Delray Beach Arsenio ttizando, City of Boynton Death "dfare Pmtectfo~t less Process ` Li:U7ameaFicIPRETREAT1SOUiHCENTRALUNSPIPPA07-08.doe E~tntsdep.slate.~LtS ATTACHiUI>vNT A C~retreatment I~ragram Audit South Central Regional Wastewater Treatment and Disposal Board Audit Date: April 23, 20#18 The fallowing is a summary of a Pretreatment Program Audit (PPA) of the South Central Regional 1astewater Treatment and disposal Baard {Baard} industrial Pretreatment Program. Sam Jlnkins of the Florida Department of Environmental Protection {Department} performed the PPA. Willie Williams represented the Baard, and Paul Decaraiis and Gene Tarver represented the Cities of Delray Beach {Delray} and Boynton Beach {Bayton}, respectively. The cammenfs identify particular program areas where impravements should be incorporated to meet applicable pretreatment program requirements and areas where impravements are suggested to facltitate effective implementat'ran of the program. General Comments tt was discussed during the PCi, that ante the Beard's wastewater discharge permit is renewed, there wits be a requirement to re-evaluate its local limits. Although not required, it is recommended that a Plan of Study {PaS} be submitted to the Department prior to commencing local limits sampling. The PtJS can help to prevent re-sampling,'due to irnpraper locations, ar additional analyses due to improper detection limits. A cagy of the Department's Plan of Study Summary was sent via emaA an June 1, to assist you when preparing the PC)S. tndustrlal Deer Control Mechanisms 1. Two of the required permit elements ware missing from the lndustrs'al user control mechanisms (permits} far Micronized and Waste Management. tn.accordance with Rule 62-625.5{}0 {~}(a}2, F.A.C., the following required notification requirements must be included In all industrial user permits; a. Part 5., Sectlan C.4, of bath permits require-that the significant industrial user ~ {SIU} repor# any slug toads to the Baard within 24 hours of occurrence. ` However, in accordance with Rule 82-625.600{5}, F.A.C., ail IUs must notify the ~ Baard immediately of all discharges that could cause problems, including stag ~` discharges. The immediate notification of a slug discharge requirement must tie ` included in each SIU permit. Please revise ai! SIU permits to include this ~ ~~,~- ~ ' ,~, requirement as they are renewed. b. '"`~-~ ~ 1 ~` ~ ° ' jF The notification requirements for bypass in Part 5., Section A. k} of both permits ~ ~ require five days notice for unanticipated bypass. However, In accordance with n ti i ? G.3~ ~,,,~,~ : 62-625.864(2}{b}, F.A.C., the SIU must submit oral notification of a bypass within ~,Gy~ ? ' .. ~ 24 hours of becoming aware of the bypass and a written submission must be ' provided within 5 days of the time the SIU becomes aware of the bypass. i~: ; ~ :_ ~- , Please revise all SIU permits to include all bypass natificatlan requirements as they are renewed. 2. There are several typographical errors ]n the "Monitoring Requirements" table of Waste Management's permlt. For exempla, "NC?TE A pg 4" 1s noted in the "Frequency" column for "Water Flow" on the table; however, the reference could not be found on page 4 of the permlt, The Department recommends reviewing the references In fhe table and revising the permit, as necessary, to correct the typographical errors when the permit is renewed. ~ ~.1 ~ C...' ~ ~- 'C ~ t_ ~s ~6- ~ t ~ ~,~[ : S° tt, ~g t,., ~ r <<• ~ `c' ,' 4%Ft ~ Enforcement Response Plan (ERP} The review of the ERP for Delray Indicated that several anticipated types of noncompliance, and specific procedures to Identify and track noncompliance were not Included. Additionally, the ERP does not indicate time frames far response to a noncompliance by an Industrial user. In accordance with Rule 62-625.50t}(2}(d}, F.A.C., an ERP must contain detailed procedures that, at a mtnlmufn: - 1. Describe how the control authority will Investigate Instances of noncompliance; and iZ E w~ c~ ~ t' l~ ~c~ ~~t t7t`--~ ~`~`j ~-~[~ S C~ r'" ~^rt rJ t ~~ -~ t c,--~ 2 Describe the types of escalating enforcement responses the contro! authority will take In response to all antlclpa#ed types of Industrial user violations and the time periods within which responses will take place. 2 E= ~:;~ . t. , . ~- ~_) ~~2C-c ...... ` ~. r ' ' t;,ri Guidance on the development of an ERP and a model ERP Is available in Chapter 9 of fhe Ste#e of Florida Guidance Manual for Pretreatment Programs, July, 2U0~~ ar the EPA's Guidance for t?sveloping Cantrc~l Authority Enfarcemenf Response Plans (Sepfembar f989). The Department recommends that the Board review the enforcement response plan and evaluate the need to update the current ERP. Additionally, in accordance Item 36 (pg 39} of the Agreement, ]t appears that Boyn#on and . Delray are responsible for enforcement of their awn sewer use ordinances. Therefore, an 1^RP from each CI#y or' an ERP from the Beard, that each City agrees. to f~l(ow, should have been submitted during the PPA: An ERP was received; however, it appears chat the submlttetl ERP is for Delray only and an ERP was not received from fhe Board or from Boynton. Please Indicate In your response if the Board ar Boynton has adopted t)elray's ERP. t~ ~ y ~.a t ~,~., h c.~-~ ~:- y? ~ { 5 ~.~ E ~~~ .~ -i rte{ ~ t.~ Attachment B Sewer Use Ordinance Review Summary Reviewed by: Samuel Dinkins due to the relationship between the Beard and the Cities of Delray Beach {peiray}and Boynton Beach {Boynton}, the sewer use ordinances {SUO} of both of the Cities ware reviewed. it was noted that the Industrial Waste and Pretreatment Agreement {Agreement}, between the Beard and the Cities, addresses the requirement far the Cities to adapt a sewer use ordinance that is no lass stringent than the requirements listed in the Agreement. Since the Board is the central authority and the requirements for the Citlas to adapt an SUO era contained in the Agreement, it is the Beard's responsibility to ensure that each City's SUO meats the requirements of Rula 62-625.500{2}{a}, F.A.C. The review is based on the requirements for legal authority as specified in Rule 62- 625.500{2}{a), F.A.C. Where appropriate, references are made to the 1992 Model Pretreatment Ordinance {EPA 833-i3-92-003} prepared by the U.S. EPA C?ffice of Wastewater Enforcement and Compliance, Permits Division. A copy of the modal ordinance can be found in the State of Florida Guidance Manual for Pretreatment Programs. Checklist SUO Reference Reference Comment 1.4 53A04 The definition of grab sample in the i3airay SUO #s ,. x t~: } t {Delray} incorrect. This dafinitian states that the sample should ba ~, , _.., r.ti c ~ collected °...without consideration of time." Tha correct "`~ ~3 language should state That the sample is taken °'...with no ~ ~o• ~' regard to the flow in the waste stream and over a time `~`~r~.~,1tc period not toe cead 15 minutes." Please refer #o Section c~ ~ ~-, 1.4 of the Modal Ordinance and revise the dafinitian in • Dsiray's ordinance accordingly. 5.3 53.102 Tha section regarding permit appeals could net ba found , ~,_ i {Delray} to the SUO for palray. Tha Department recommends referring to Section 5.3 of the Madei Ordinance and "` ~ ~ adding this section to the SUO for Delray. 6,8 28-177{d} in accordance with Ruie 62-625.600{6}{ta), F.A.C., and {Boynton} item 18 of the Agreement requires any industrial user to ~ ,~ ~, 1 ~ t notify tale respective Clty within 24 hours of becoming ~,~~~ 53.999 aware of a violation. However, it was noted that neither {Delray} Delray`s nor Boyton's SUO contain the 24 hour notification requirement. Pieria refer to the above noted Rute, item 18 of fhe agreement and Section 6.8 Modal Ordinance and add this requirement to both City's SUOs. 6.10 53.084 The Department recommends referencing Chapter 62- ~ ~-, i ~ {pelray} 160, F.A.C., and Ruie 62-625.604{1){a)6, F.A.C., in ~ ~~ addition to the federal rule refiarance of 44 CFR, part 136, . regarding sample collection and analysis in Delray's SUO. Checklist SUC} Reference Reference Comment 10 None The following administrative enforcement remedies were not found in the either SUO for Boynton or Delray: . Compliance OrderslSchedules {section 1 Q.4}; and Cease . and Desist rJrders {section 7Q,a}. The Department recommends referring to Sections 1 t},4 and 10.5.of the Model Ordinance and include these enforcement , remedies In both SUC}s. ~ c- e C;.r ~ ~; ~ s-,r +; '':.. l •i 1 ~ 11.4 Nona The section concerning Remedies Nonexclusive could not be found in the SUQ for Delray, The Department ~,~-~_ ~~ recommends referring to Section 11.4 of the Model Ordinance and adding this section to the Daisy's SUfl. ~ cG~. 13.2 Nona The affirmative defenses to discharge violations for the Prohibited Discharge Standards were not found !n Boyntori's or Delray's SU©, In accordance with Chapter 62-625.4(?{}{1}{b}, F,A.C., an industrial user must have an affirmative defense to discharge violations. Please refer to the above noted Rule and Section 13,2 of the Model t~rdinanc}a land add this item to the SU(~. ./ _ f ~ _. ~ ~~ ~~€ '~ f '~~ f4 CITE' ~F DEI~~~M B~~ ~~.. ; : % 4~ ;..~~4~ ~H ~ ~ ,~ *~~~~~ . DELRAY BEACH -°' "'- - " ° 100 N.W. 1st AVENUE {?E~FiAY BEACH, F~C}i~IDA 33444 5611243-7004 All-America Ciiy ~ r 1993 2aa1 CERT~FI~ATIt~N 1, CHEVELLE NUBIN, City Clerk of the City of Delray Beach, do hereby certify #hat the attached document is a true and correct copy of Ordinance No. fi1-09 as the same was passed by the Delray Beach City Commission in regular session on the 5"' of January 2010. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 8~' day of January, 2010. Chevelle D. Nubia, CMC City Clerk Ci#y of Delray Beach, Florida {SEAL} Si=RVICE ~ERFQRMANCE INTEGRITY RESPC}NSIBLE INNQVATTVE TEAMWORK