Ord 25-12AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53,
SANITARY SEWERS ", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTIONS
53.004, "ABBREVIATIONS; DEFINITIONS "; 53.051, "PROHIBITED
DISCHARGES TO SEWERS "; 53.052, "NATIONAL CATEGORICAL
PRETREATMENT STANDARDS "; 53.054, "INTERCEPTORS ";
53.056, "ADMISSION OF INDUSTRIAL AND COMMERCIAL
WASTE "; 53.064, "PREVENTION OF ACCIDENTAL
DISCHARGES "; 53.067, "NOTIFICATION OF THE DISCHARGE OF
HAZARDOUS WASTES "; 53.068, "NOTICE OF VIOLATIONS,
REPEAT SAMPLING AND REPORTING"; 53.080, "COMPLIANCE
DATE REPORT "; 53.081, "REPORTING REQUIREMENTS "; 53.082,
"INSPECTION ND SAMPLING "; 53.084, "ANALYTICAL
REQUIREMENTS "; 53.085, "SAMPLE COLLECTION "; 53.100,
"PERMIT REQUIREMENTS "; 53.101, "PERMIT APPLICATION";
53.102, "PERMIT ADMINISTRATION "; 53.130, "USER CHARGES;
WHOLESALE SEWER RATES; CALCULATION OF SEWER
SURCHARGES "; 53.132, "INDUSTRIAL COST RECOVERY
SYSTEM"; 53.142, "PUBLICATION OF USERS IN SIGNIFICANT
NONCOMPLIANCE "; 53.154, "RETENTION OF RECORDS
REQUIRED "; 53.999, "PENALTIES ", IN ORDER TO UPDATE SAME
IN ACCORDANCE WITH NEW FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION { "FDEP ") REGULATIONS;
PROVIDING A SAVING CLAUSE; A GENERAL REPEALER
CLAUSE; AND AN EFFECTIVE DATE.
WHEREAS, the Florida Department of Environmental Protection { "FDEP ") requires the City
Delray Beach to regulate connections to the City's wastewater collection and transmission system and
require pre - treatment of industrial wastewater pursuant to the Federal Water Pollution Control Act, Char
153, Florida Statutes and Chapter 62.625, Florida Administration Code; and
WHEREAS, the FDEP recently revised its rules and regulations regarding wastewater systems an(
pretreatment, found in Chapter 62 -625, F.A.C. Specifically, FDEP revised its rules to comply with EPA':
Streamhning Rule which revised several provisions ot the Ueneral -Ptetreadnent e a ons found in 40 CFR
Part 403; and
WHEREAS, the City's Sewer Use Ordinance, enforcement response plans and MJA enables the City to
comply with the new FDEP regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 53.004, "Abbreviations; Definitions" of the Code of Ordinances of the
City of Delray Beach, shall be amended to read as follows:
Sec. 53.004. ABBREVIATIONS; DEFINITIONS.
(A) The following abbreviations shall have the designated meanings:
BOD. Biochemical Oxygen Demand.
CBOD. Carbonaceous Biochemical Oxygen Demand.
CFR. Code of Federal Regulations.
COD. Chemical Oxygen Demand.
EPA. U.S. Environmental Protection Agency.
F.A.C. Florida Administrative Code.
FDEP. Florida Department of Environmental Protection.
gbd Gallons per day.
mgl t Milligrams per liter.
NPDES. National Pollutant Discharge Elimination System.
O&M. Oueration and Maintenance.
RCRA. Resource Conservation and Recovery Act.
SIC. Standard industrial classification.
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ORD. NO. 25-
�1 A11MMORVI We M2 Me
U.S.C. United States Code.
(B) The following terms, or phrases, shall have the designated meanings:
Act and the Act. The Federal Water Pollution Control Act, also known as the Clean Water Act
1977, as amended, 33 U.S.C. 1251, et seq.
Approval authority. The Florida Department of Environmental Protection.
Authorised representative of industrial user.
(A) If the user is a corporation, a responsible corporate officer.
(B) If the user is a partnership or sole proprietorship, a general partner or
respectively.
(C) If the user is a Federal, State, or local government facility: a Director or highest offi,
appointed or designated to oversee the operation and performance of the activities
the government facility, or their designee.
(D) The individuals described in subsections (A) through (C) above may designate ano
authorized representative if the authorization is in writing by the individual describe
(A) through (0, ( , the authorization specifies the individual or position responsible
the overall operation of the facility from which the discharge originates or hay
overall responsibility for environmental matters for the company, and the wri
authorization is submitted to the City.
from raw materials storage.
Board. The Board of Directors of the South Central Regional Wastewater Treatment
Disposal Facility.
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ORD. NO. 25-1
BOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter when
nitrification is not inhibited.
Building sewer. Sewer conveying wastewater from the premises of a user to the collection system
which transmits wastewater to the Treatment Works.
Capacity charge. The charges calculated to cover cost incurred to have the system available and in
good operating condition without regard to use, which shall include, but not be limited to, costs of
minimum personnel, capital outlay, debt service, insurance, transfers, reserve requirements, and debt
service coverage.
Categorical pretreatment standard or categorical standard. Any regulation containing pollutant discharge
limits promulgated by EPA in accordance with Sections 307 (b) and (c) of the Act (33 U.S.C. � 1317)
which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts
405 -471.
Categorical industrial users
and incorporated by reference.
City Personnel. Person designated by the Director.
COD.
WIMINUUM
CBOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter
inhibiting the nitrogenous oxygen demand.
Collection system. The system of public sewers to be operated by the City and connected to
Treatment Works.
Commodity charge. The charges calculated to cover the costs which vary with the amount of
produced or sewage processed, which shall include, but not be limited to, costs of personnel to o]
the system, electricity, repairs and maintenance, and operating supplies.
Compatible pollutant A substance amenable to treatment in the wastewater treatment pL t si
as biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additio
pollutants identified in the NPDES permit if the publicly owned Treatment Works was designed
treat those pollutants, and in fact does remove the pollutant to a substantial degree.
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ORD. NO. 25-
Composite sample. A series of samples taken over a specific twenty- four -hour time period a
intervals not to exceed fifteen (15) minutes in the waste stream which are combined into one sample
Flow proportional sampling is mandated unless circumstances do not permit it, then it shall be timE
proportional. Samples shall be taken during effluent discharge times only.
Cooling water. The water discharged from any use such as air conditioning, cooling,
refrigeration, or to which the only pollutant added is heat.
Customer charge. The charges calculated to cover the costs incurred in the billing system, w
shall include, but not be limited to costs of meter reading, recording, data processing, billing
collecting.
Direct discharge. The discharge of treated or untreated wastewater directly into the waters of
state.
Director. This refers to the individual in charge of the Department of Environmental Services
the City.
Discharge. To dispose, deposit, place, emit, unload, release or cause or allow to be disposed
deposited, placed, emitted, unloaded, or released.
Domestic wastewater. Wastewater derived principally from dwellings, commercial buildin
institutions, and industry comprised of household or toilet waste resulting from human occupancy.
may or may not contain ground water, surface water, or stormwater.
Environmental Protection Agency or EPA. The U.S. Environmental Protection Agency.
appropriate, the term may also be used as a designation for the Administrator or other duly au1
official of that agency.
Executive Director. The administrative director or his or her authorized deputy, agent
representative of the South Central Regional Wastewater Treatment and Disposal Board. "
Executive Director is the authorized administrative authority of the South Central Regional Wastew
Treatment and Disposal Board.
Existing source. Any source of discharge that is not a "New Source."
Garbage. The animal and vegetable waste resulting from the handling, preparation, cooking,
serving of foods.
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ORD. NO. 25 -1
same locations within a time not exceeding 15 minutes.
Indirect discharge. The introduction of pollutants into the Treatment Works from
nondomestic source regulated under Section 307(B), (C) or (D) of the Act and F.S. ch 403.
Industrial or commercial waste. The liquid wastes from industrial, commercial, or
processes as distinct from domestic or sanitary sewage.
Industrial and commercial waste discharge permit. A permit issued to control the process flows :
industry, commerce, or institutions that may be discharged into the sanitary sewer system. This pe
is issued in addition to any other types of permits. When issued, the permit will define
characteristics and volume of the flow and acceptance or rejection of individual waste compor
and /or require high strength waste surcharges.
Industrially classified user. An industrial or commercial user whose liquid wastes are, in part,
up of flows related to industrial processes, as distinct from an industrial or commercial user
waste flows are primarily domestic or resulting from human occupancy.
Industrial user. A source of indirect discharge and discharge of industrial or commercial wa
which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402
the Act, (33 U.S.C. 1342).
Instantaneous maximum allowable discharge limit. The maximum concentration of a pollutant
to be discharged at any time, determined from analysis of any discrete or composite sample c
independent of the industrial flow rate and the duration of the sampling event.
Interference. A discharge, which alone or in conjunction with a discharge or discharges from ot]
sources, inhibits or disrupts the Treatment Works, its treatment process or operations or its slue
processes, use or disposal; and therefore, is a cause of a violation of the City's NPDES permit or 1
prevention of sewage sludge use or disposal in compliance with any of the followi
statutory /regulatory provisions or permits issued thereunder, or any more stringent State or to
regulations; F.S. ch. 403: Section 405 of the Act; the Solid Waste Disposal Act, including Title
commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulatic
contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Wa
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ORD. NO. 25-
Research, and Sanctuaries Act.
625.400, F.A.C.
Medical waste. Isolation wastes, infectious agents, human blood and blood products, p
wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated
wastes, and dialysis wastes.
Milligrams ierliter ftlo. Milligrams per liter shall be considered equivalent to parts per million.
Monitoring costs Those costs incurred by the City in performing monitoring and /or sampling as
prescribed by 40 CFR 403.
National Categorical Pretreatment Standard. Any Federal regulation containing pollutant
limits promulgated by the EPA which applies to a specific category of industrial users.
National Pollutant Discharge Elimination System Permit or NPDES permit. A permit issued
to Section 402 of the Act (33 U.S.C. 1342).
National Prohibitive Discharge Standard or Prohibitive Discharge Standard. Any regulation develop
under the authority of [subsection] 307(B) of the Act and 40 CFR, Section 403.5.
body.
Natural outlet. Any ditch, canal, stream, waterway, lake, river, pond, well, gully, or other wa
New source.
(A) Any building, structure, facility, or installation from which there is (or may be)
discharge of pollutants, the construction of which commenced after the publication c
proposed pretreatment standards under subsection 307(C) of the Act which will b
applicable to such source if such standards are thereafter promulgated in accordant
with that Section, provided that:
(1) The building, structure, facility or installation is constructed at a site at which
other source is located; or
(2) The building, structure, facility, or installation totally replaces the process
production equipment that causes the discharge of pollutants at an exist
source; or
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ORD. NO. 25-
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 engaged in the same general type
of activity as the existing source, should be considered.
(B) 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 subsections 53.004 (A) (1) or (2) above but
otherwise alters, replaces, or adds to existing process or production equipment.
(C) Construction of a new source as defined under this paragraph has commenced if the
owner or operator has:
(1) Begun or caused to begin, as part of a continuous onsite construction program:
(a) Any placement, assembly, or installation of facilities or equipment; or
(b) Significant site preparation work including clearing, 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
(c) Entered into a binding contractual obligation for the purchase of
facilities 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.
Noncontact cooling water. Water used for cooling which does not come into direct contact with
raw material, intermediate product, waste product, or finished product
blowdown wastewater. unless specifically included in the pretreatment standard) and:
(A) Has consistently complied
requirements•
(L3) Annually submits the certi
together with any additi
statement: and
ORD. NO. 25-
CCl Never discharges any untreated categorical process wastewater.
Pass through. A discharge which exits the Treatment Works into waters of the United States State
in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other
sources, is a cause of a violation of any requirement of the wastewater treatment plant
permit, including an increase in the magnitude or duration of a violation.
F.A.C.
Permit. A permit issued to a wastewater treatment plant in accordance with Chapter 62 -620,
pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.
Point source. The initial point of discharge into the sanitary sewer system.
Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage,
sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials,
heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial
wastes, and certain characteristics of wastewater (e.g. pH, temperature, TSS, turbidity, color, BOD,
COD, toxicity or odor).
Pollution. The man -made or man - induced alteration of the chemical, physical, biological, and
radiological integrity of water.
Pwreatment. 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, introducing such
pollutants into the Treatment Works. This reduction or alteration can be obtained by physical,
chemical, or biological processes; by process changes; or by other means, except by diluting the
concentration of the pollutants unless allowed by an applicable pretreatment standard.
Pretreatment requirements. Any substantive or procedural requirement for treating of a waste
to discharging or otherwise introducing the waste into the Treatment Works.
Pretreatment standards or standards. Pretreatment standards shall mean prohibited
standards, categorical pretreatment standards, and local limits.
Prohibited discharge standards or prohibited discharges. Absolute prohibitions against the discharge
certain substances; these prohibitions appear in Section 53.051 of this Chapter.
Properly shredded garbage. The wastes from the preparation, cooking, and dispensing of food that
have been shredded to a degree that all particles will be carried freely under the flow conditions
normally prevailing in public sewers, with no particle greater than one -half inch (1.27 centimeters) in
any dimension.
ORD. NO. 25 -12
Publicly owwned tT'reatment works or t- Treatment works. In this case, the regional treatment plant
operated by the South Central Regional Wastewater Treatment and Disposal Board and the sewage
collection /transmission system owned and operated separately by the City.
Public sewer. A pipe or conduit in which all owners of abutting properties have equal rights, and
which is controlled by public authority.
Regional treatment facilities. The South Central Regional Wastewater Treatment Plant transmission
and disposal facilities as operated by the South Central Regional Wastewater Treatment and Disposal
Board.
(placement. Expenditures for obtaining and installing equipment, accessories or appurtenances
which are necessary during the service life of the treatment process Facilities to maintain the capacity
and performance for which those Facilities were designed and constructed.
Residential dwelling unit. One or more rooms connected together, constituting a separate,
independent housekeeping establishment and physically separated from any other dwelling unit which
may be in the same structure, and which contains independent sanitation, living, cooking and sleeping
facilities.
Responsible Corporate O cer.
(A) A president, secretary, treasurer, or vice - president of the corporation in charge of a
(B)
decision - making functions for the corporation; or
provided the manager:
(1)
capital investment recommendations,
(2) Is authorized to initiate and direct other comprehensive measures to assu
long -term envirorunental compliance with environmental laws and regulations:
(3)
(4)
complete and accurate information for control mechanism requirements,
with corporate procedures.
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ORD. NO. 25 -12
anitary server A pipe or con urt w c carries sewage and to WMEE storm, surface, and grown
water are not intentionally admitted.
Septic tank waste. Any sewage from holding tanks such as vessels, chemical toilets, campers,
trailers, and septic tanks.
Sewage or wastewater. A combination of the water - carried wastes from residences, business
buildings, institutions, and industrial establishments, together with such ground, surface and
stormwaters as may be unintentionally present, which contributes to or is permitted to enter the
Treatment Works.
Significant industrial user. Except as provided in paragrap s (C and (D) below:
(A) Categorical industrial users: and
(B) A usertkat Any other industrial user that:
(1) Discharges an average of twenty -five thousand (25,000) gallons per day (gpd)
more of process wastewater to the Treatment Works (excluding saw
domestic wastewater, noncontact cooling and boiler blowdown wastewater);
(2) Contributes a process waste stream which makes up five (5) percent or more c
the average dry weather hydraulic or organic capacity of the treatment plant; or
(3) Is designated as such by the City on the basis that it has a reasonable pote
for adversely affecting the Treatment Works operation or for violating
pretreatment standard or requirement.
Parts 405 -471, is a non - significant categorical industrial user.
{Cja4 Upon a finding that a user meeting the criteria in Section (B) of this definition has
reasonable potential for adversely affecting the Treatment Works operation or
violating any pretreatment standard or requirement, the City may at any time, on its c
initiative or in response to a petition received from a user, and in accordance c
procedures in 62- 625.500(21 (el, determine that such user should
be considered a significant industrial user.
Significant noncompliance. Violations of this Chapter by a user subject to pretreatment
meet one or more of the following criteria:
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ORD. NO. 25 -1
same pollutant during a six -month period exceed (by any magnitude)
a numeric pretre;
requirement, including instantaneous limits;
(B) Technical Review Criteria (TRC) Violation. Thirty -three (33) percent or more of all
measurements taken for the same pollutant during a six -month period equaled or
exceeded the product of the numeric
pretreatment standard or requirement including instantaneous limits, multiplied by fires
the applicable TRC. (MC equals 1.4 for
B.O.D., T.S.S. and oil and grease; and 1.2 for all other pollutants except pH�;
(C) [Effluent Violation.]
or pass through
eadangere (including endangering the health of City or wastewater treatment plant
personnel or the general public;
(D) [Discharge Causing Imminent Endangerment.] A discharge that caused imn i
endangerment to human health, welfare or to the environment and resulted in the
exercising its emergency authority tmdft Seetion 53.136 of this Ghapt ;
(E) [Failure to Meet Compliance Schedule Milestones.] Failure to meet a compliant
schedule milestone date within ninety (90) days or more after the scheduled da
completing construction or attaining final compliance;
(F) [Failure to Meet Report Deadlines.] Failure to submit a required report within
forty -five (45). days of its due date;
(G) [Failure to Report Noncompliance] Failure to accurately report noncompliance; or
(H) [Violations Causing Interference or Pass Through.] Any other violation or group
violations, including a violation of best management practice, which the Direc
determines may cause interference or pass through or will adversely aft
implementation of the City's pretreatment program.
Signocant violation. A violation that remains uncorrected forty -five (45) days after notification
noncompliance; which is part of a pattern of noncompliance over a twelve -month period; wh
involves a failure to accurately report noncompliance; or which resulted in the Treatment Wo.
exercising its emergency authority under Section 403.8(F)(1)(vi)(B) of the Act.
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ORD. NO. 25-1
violation of the prohibited discho.±ge stmidards in Seetio!as 53.051 and 53.052 of this Ghapt
nonroutine, episodic nature, which has reasonable potential to cause interference or pass through, o:
any other way violate the Treatment Works regulations, local limits or permit conditions.
Standard industrial classification (SIC). Classification pursuant to the Standard Indust
Classification Manual issued by the Executive Office of the President, Office Of Management
Budget, as amended.
Storm drain. or storm sewer. A pipe or conduit that carries stormwater and surface water, stj
wash, and other wash waters or drainage, but excludes domestic wastewater and industrial ;
commercial waste.
Stormwater. Any flow occurring during or following any form of natural precipitation
resulting therefrom.
Surcharge. An extra charge levied to a user for treatment of compatible wastewaters that
substances in excess of specified maximum allowable limits.
Suspended solids. Solids that are in suspension in water, sewage, or other liquids and which
removable by laboratory filtering.
Toxic pollutant. Any pollutant or combination of pollutants listed as toxic in regulation
promulgated by the Administrator of the Environmental Protection Agency under subsection 307(A
of the Act, or other Acts.
User. Any person who contributes, causes, or permits the contribution of wastewater into
Treatment Works.
User charge or user fee. A charge levied on the users of the Treatment Works for the cost
operation and maintenance of those facilities and other equitable and necessary charges.
Wastewater treatment plant or treatment plant. That portion of regional treatment facilities
to provide treatment to wastewater which is operated by the South Central Regional W
Treatment and Disposal Board.
Watercourse. A channel in which a flow of water occurs, either continuously or intermittently.
Section 2. That Section 53.051, "Prohibited Discharges to Sewers" of the Code of Ordinances
the City of Delray Beach, is hereby amended to read as follows:
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ORD. NO. 25 -12
(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) Specii c Prohibitions These specific prohibitions exemplify but do not limit the general
prohibitions found at subsection 53.051(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 a closed -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 5.5, or greater than 9.5, or otherwise
corrosive structural damage to the Treatment Works or equipment;
(3) Solid or viscous substances in amounts which will cause obstruction of the f
in the Treatment Works resulting in interference, such as, but not limited
ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers,
plastics, wood, unground garbage, whole blood, paunch manure, hair
fleshings, entrails, paper dishes, cups and milk containers;
(4) Pollutants, including oxygen- demanding pollutants (BOD, etc.) released in
discharge at a flow rate and /or pollutant concentration which, either singly
by interaction with other pollutants, will cause interference;
(5) Wastewater having a temperature greater than 150° (65 °C), or which will it
biological activity in the treatment plant resulting in interference, but in no
wastewater which causes the temperature at the introduction into the treat
plant to exceed 104 °F (40 °C);
(6) Petroleum oil, nonbiodegradable cutting oil, or products of mineral -oil origin,
amounts that will cause interference or pass through;
(7) Pollutants which result in the presence of toxic gases, vapors, or fumes w
the Treatment Works in a quantity that may cause acute worker health
safety problems;
(8) Industrial waste haulers may discharge loads only at locations designated by
City. No load may be discharged without prior consent of the City. '
Director may require samples to be collected of each hauled load to en:
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ORD. NO. 25-
waste hauler to provide a waste analysis of any load prior to discharge;
(9) Noxious or malodorous liquids, gases, solids, or other wastewater which,
singly or by interaction with other wastes, are sufficient to create a
nuisance or a hazard to life, or to prevent entry into the sewers for mainti
or repair;
(10) Wastewater which imparts color which cannot be removed by the treatmc
process, such as, but not limited to, dye wastes and vegetable tanning solutioi
which consequently imparts color to the treatment plant's effluent, there
violating the City's NPDES permit;
(11) Stormwater, surface water, ground water, artesian well water, roof runo
subsurface drainage, swimming pool drainage, condensate, deionized wat
noncontact cooling water, and unpolluted wastewater, unless specifica
authorized by the Director;
(12) Sludges, screenings, or other residues from pretreatment of industrial wastes;
(13) Medical wastes, except as specifically authorized by the City in a wastewa
discharge permit;
(14) Wastewater causing, alone or in conjunction with other sources, the
Plant's effluent to fail a toxicity test;
(15) Detergents, surface- active agents, or other substances which may
excessive foaming in the Treatment Works;
(16) Fats, oils, or greases, whether emulsified or not, or wastewater containing f;
oils or greases, whether emulsified or not, in concentrations in excess of c
hundred (100) mg /1 or substances which may solidify or become viscous
temperatures between thirty -two (32) degrees Fahrenheit and one hundred fi
(150) degrees Fahrenheit (zero (0) degrees Celsius and sixty -five (65) degr
Celsius), and provided further that the user complies with the requirements
the City's high- strength sewer surcharge system.
(C) The City is obligated to develop and enforce local limits necessary to implement
enforce the general and specific prohibitions (40 CFR 403.5). Such local limits may be imposed
industrial users directly through the sewer use ordinance, through industrial user permits, and throi
additional control mechanisms the City intends to use as part of its pretreatment program. The (
considered local limits and pretreatment standards for the p=ose of this Chapter.
15
ORD. NO. 25-1
I ��] �R�T�T11�ifi�ii�iiSiiiT1 ►`fi'ii7�iii�Ti�"�7�C - � � � ,_��:�l.��i�..��T-����.���� - � �"I�.FT�� r • , �i2�FiT�1�
apply to the sanitary sewer.
(E) No person shall discharge wastewater containing pollutants in excess of local limits £or
those pollutants which have been established for the City of Delray Beach WWFs using standard
procedures, calculations and methods acceptable to FDEP to protect against pass through, interference,
protection of WWF employees, and adverse effects on wastewater residuals disposal. No industrial user
shall discharge process waste streams, unregulated waste streams, or dilute waste streams in excess of
the concentrations set forth by the Director. Local limits shall be included as permit conditions and
attached to each SIU wastewater permit issued.
�F) The established local limits are subject to change and shall be modified as needed based
on regulatory requirements and standards. WWF operation, erformance and processes, the industrial
user base, potable water duality and domestic wastewater characteristics. Modifications to the
established local limits must be reviewed and approve by FDEP p mp
rior to ilementation.
Implementation shall be effective 30 days from notice of acceptance of the modified limits by FDEP,
Permitted SIUs shall also be issued an addendum to their wastewater discharge permit containing the
new local limits.
�G) The established local limits a12121Tat the point where the wastewater is discharged to the
WWF. All concentration for metallic substances are for total metal unless indicated otherwise. At his
or her discretion, the director may impose mass limitations in addition to or in place of the
concentration -based limitations.
UL A copy of the approved local limits is available upon request at the following location:
• City of Delray Beach
434 South Swinton Ave
Delray Beach, FL 33444
South Central Regional Wastewater Treatment And Disposal Board
1801 N. Congress Avenue
Delray Beach FL, 33445
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ORD. NO. 25-
Section 3. That Section 53.052, "National Categorical Pretreatment Standards" of the Code
Ordinances of the City of Delray Beach, is hereby amended to read as follows:
Sec. 53.052. NATIONAL CATEGORICAL PRETREATMENT STANDARDS.
(A) [Federal Standards Incorporated.] The categorical pretreatment standards found at 40
Chapter 1, Subchapter N, Parts 405 -471 are hereby incorporated.
17
ORD. NO. 25 -1
(1) Where a categorical pretreatment standard is expressed only in terms of e
the mass or the concentration of a pollutant in wastewater, the Director
impose equivalent concentration or mass limits in accordance with 40
403.6 (C) and Florida Administrative Code 62- 625 - 410(4).
(2) When wastewater subject to a categorical pretreatment standard is mixed v
wastewater not regulated by the same standard, the Director shall impose
alternate limit using the combined waste stream formula in 40 CFR 403.6
and Florida Administrative Code 62- 625 - 410(6).
(3) A user may obtain a variance from a categorical pretreatment standard if tl
user can prove, pursuant to the procedural and substantive provisions in 4
CFR 403.13 and Florida Administrative Code 62.625.700, that factors relating i
its discharge are fundamentally different from the factors considered by EP.
when developing the categorical pretreatment standard.
Administrative Code 62- 625.410(4).
(B) Dilution. No user shall ever increase the use of process water, or in any way attempt
dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance w
a discharge limitation unless expressly authorized by an applicable pretreatment standard
requirement.
(C) [Mass Limitations.] The Director may impose mass limitations on users who are c
dilution to meet applicable pretreatment standards or requirements, or in other cases when
imposition of mass limitations is appropriate.
Section 4. That Section 53.054, "Interceptors" of the Code of Ordinances of the City of
Beach, is hereby amended to read as follows:
Sect. 53.054. INTERCEPTORS.
(A) Grease, oil, hair, lint and sand interceptors are to be provided when, in the judgment
the Director, they are necessary for the proper handling of liquid wastes containing grease or any otl
restricted substance in excessive amounts or any flammable wastes, sand, or other harmful ingredier
except that those interceptors shall not be required for private living quarters or dwelling units. .
18
ORD. NO. 25-
and easily accessible for cleaning and inspection.
(B) All new and existing businesses or industries that wash cars will be required to inst
and maintain an oil /water separator in the sewer service discharge. For outdoor car washing, the wa
pad must be sheltered so stormwater will not be discharged to the sanitary sewer system. Compl(
containment of all car wash areas using curbing or mountable traffic bumps is required to preve
runoff of wash discharge to storm drainage facilities. All new and existing businesses or industries d
use petroleum base products in day to day activities will be required to install an oil /water separator
the sewer service discharge if floor drains connect to the sanitary sewer. No domestic effluent shall
allowed to discharge through the oil /water separator as stated in the plumbing code section of t
Florida Building Code.
chapter.
Section 5. That Section 53.056, "Admission of Industrial and Commercial Waste" of the Code
Ordinances of the City of Delray Beach, is hereby amended to read as follows:
Sect. 53.056. ADMISSION OF INDUSTRIAL AND COMMERCIAL WASTE.
All users of the sanitary sewers shall recognize and comply with the following:
(A) The economy and desirability of the combined treatment of industrial and commeri
wastes and sanitary sewage is recognized. However, not all types and quantities of industrial
commercial wastes can be so treated. It shall be the City's policy to admit the types and quantities
industrial and commercial wastes that are not harmful or damaging to the strictures, processes
operation of the sewage works or are not specifically prohibited. In all cases, a special permit will
issued which will state specific conditions and requirements to be maintained. It is also recognized t
to provide this service, additional facilities or treatment are required. The cost of which must be bo:
by the user receiving the benefits.
(B) (1) Approval in advance by the City is required for the anticipated admission into the pu
sewers of industrial or commercial wastes where the loeal surcharge limits will
exceeded for the following:
COD;
Suspended Solids;
19
ORD. NO. 25-
......i l \• --. - - -f-
Oil /Grease Content;,
(2) The user shall provide chemical analyses of the discharge according to
schedule to be established by the City and continued discharge shall be subji
to approval of the City.
(C) Samples shall be collected so as to be a representative sample of the actual quality of tl
wastes. Samples for analysis may be collected by the user or his representative. Analysis shall be mac
by a registered sanitary engineer or graduate chemist whose qualifications are acceptable to the City or
wastewater treatment plant operator licensed and registered in the State, or a water testing laboratoj
certified by the State, using the laboratory methods for the examination of wastewater as set forth in 4
CFR 136.
(D) When required by the Director, any establishment discharging industrial or commerci
wastes into the sewer system shall construct and maintain at its sole expense a suitable control manho
or other suitable control station downstream from any treatment, storage, or other approved works 1
facilitate observation, measurement and sampling of all wastes including all domestic sewage from tl
establishment. The location and methods of construction of the control station shall be approved k
the Director. The control station shall be maintained by the establishment so as to be safe ar
accessible at all times. If any establishment wishes to meter its waste discharge into the sewer system 1
verify in- product water retention or other uses of metered flow, they may, at their sole expense, install
flow - metering device as approved by the Director. The control station shall be accessible to Ci
personnel at all times for sampling. When required, construction of those facilities shall be complete
within ninety (90) days following written notification by the City.
Section 6. That Section 53.064, "Prevention of Accidental Discharges" of the Code of
of the City of Delray Beach, is hereby amended to read as follows:
Sec. 53.064. PREVENTION OF ACCIDENTAL AND SLUG DISCHARGES.
(A) Where determined by the Director, a user shall provide protection from accidenta
discharge of restricted and prohibited materials or other substances regulated by this Chapter. Facilitie
to prevent accidental discharge of prohibited and restricted materials shall be provided and maintain(
at the owner's expense.
(B) Prevention of accidental discharges requires, but is not limited to, providing secondar
containment for storage of potentially hazardous and /or regulated materials. The containmen
requirements are those now specified in, but not limited to, 40 CFR 264.170 through 176; City o
20
ORD. NO. 25-
11 r„ao -4F Q! AA +k--1, at, a7. A ,*4,1. rt,,,., +P+ +,,,., ,
Subsection C of the Palm Beach County Unified Land Development Code. Containment requiremen
must also meet or exceed the following criteria, of this subchapter:
(1) Containment Volume. Containment volume to be provided shall be one
fifty (150) percent of the total stored material.
(2) Storage Sheltering. All outdoor storage shall be sheltered from rainfall, or a suit
means of removing rainwater from secondary containment areas shall
provided.
(3) Conditions of the Stored Vessel. All stored containers shall be maintained in sc
condition. No rust, corrosion or other signs of deterioration of the prh
containment wall shall be permitted. All stored containers shall be closed
sealed during storage.
(4) Segregation of Cbemicaly Reactive Contents. Materials which are potentially
with each other shall not be stored in the same containment area, unless
barrier separations are provided within the common area.
(5) Standby MaterialslEquoment. Absorbents and pumps for pumping out spills
be available when needed.
(6) Design of Containment FloorlBase. The floor or base of the containment area c
which the stored vessels rest shall either be sloped or raised or provided with
drain faucet to prevent or minimize contact between the storage container w.
and spilled content.
(7) Materials of Construction for Containment. The walls, sidings and floor or base of
containment area shall be constructed of materials which are chemically i
with the stored materials and which render the provided containment voh
leak proof.
(C) On the request of the City, the user shall be required to submit detailed plans show
facilities and operating procedures to provide this protection. All required users shall complete this F
within ninety (90) days after notification by the City. If further required by the City, a user a
commences contribution to the Public Sewers after the effective date of this Chapter shall not
permitted to introduce pollutants into the system until accidental discharge procedures have b
approved by the City. Review and approval of those plans and operating procedures shall not reli
the industrial user from the responsibility to modify the user's facility as necessary to meet
requirements.
21
ORD. NO. 25 -1
r• .ltv c hA I I Pva 11151te at Pact nnrP Pvery twn 4Pat- W Pt er Par -ionitirnnt Tn ncttla
1 year of being designated a significant industrial user. Significant industrial users are required to notify
decides that a slug control plan is needed, the plan shall be prepared in accordance with the
requirements of Rule 62- 625.500(2)(b)(6), F.A.C.
ip�JT--� In the case of an accidental discharge, including slug discharges and prohibited
discharges, it is the responsibility of the user to immediately notify by telephone the Director, the
Executive Director, and the City. The notification shall include location of discharge, type of material,
concentration and volume, and corrective actions.
Section 7. That Section 53.067, "Notification of the Discharge of Hazardous Wastes" of the Code
of Ordinances of the City of Delray Beach, is hereby amended to read as follows:
Sec. 53.067. NOTICE OF THE DISCHARGE OF HAZARDOUS WASTES.
(A) All industrial users shall also have provisions for notifying the City (Director), the
Executive Director, the EPA Regional Waste Management Division Director, *ad the State hazardous
waste authorities, and the State pretreatment authorities in writing of any discharge into the City sewer
system of a substance which is a listed or characteristic waste under Section 3001 of RCRA, et 40 CFR
Part 261, or Chapter 62 -730, F.A.C. Such notification must include the name of the hazardous waste_
the EPA hazardous waste number. a deseription of any sueh wastes disdanged,
and eaneerA:r-a-tioft of . e wastes and the type of discharge (continuous, batch, or other)_ idefffdyia
wastes expeeted to be disehatged dtu* the fedl&wing twelve (12) Ina This requirement shall
apply to pollutants already reported under the self - monitoring requirements. Notification is reau
known and readily available to the industrial user:
W An identification of the hazardous constituents contained in the waste.
An estimation of the mass and concentration of such constituents in
stream discharged during that calendar month, and
discharged during the following 12 months.
(B) Dischargers to the sanitary sewer system are exempt from notification rec
during a calendar month in which they generate no more than fifteen 15
of hazardous wastes, unless the wastes are acute hazardous wastes, as specified in 40 CFl
22
ORD. NO. 25-1
at,tr>r , _ tenmres n nne -time nott catlnn_ . u seauent months aniiiino, w lc it-Tiel
industrial user discharges more than 15 kilograms
hazardous waste do not require additional notification, ,
(C) In the case of new regulations under Section 3001 of RCRA identifying additio
characteristics of hazardous waste or listing any additional substance as a hazardous waste,
industrial user must notify the Director of the discharge of such substance within ninety (90) days
the effective date of such regulations, except for the exemption in subsection (B) of this Section.
(D) In the case of any notification made under this Section, the industrial user shall certify
that it has a program in place to reduce the volume and toxicity of wastes generated to the degree it has
determined to be economically practicable and that it has selected the method of treatment, storage, or
disposal currently available which minimizes the present and future threat to human health and the
environment.
Section 8. That Section 53.068, "Notice of Violation /Repeat Sampling and Reporting" of
Code of Ordinances of the City of Delray Beach, is hereby amended to read as follows:
Sec. 53.068. NOTICE OF VIOLATION /REPEAT SAMPLING AND REPORTING.
If sampling performed by a user indicates a violation, the user must notify the Director w
twenty -four (24) hours of becoming aware of the violation. The user shall repeat the sampling
analysis and submit the results of the repeat analysis to €lie -Bii-eeta City Personnel within thirty
days after becoming aware of the violation. If the City Personnel has performed the sampling
repeat analysis. The user is not required to resample if the Diree sr City Personnel monitors at tl
user's facility at least once a month, or if the Direete City Personnel samples between the user's initi
sampling and when the user receives the results of this sampling.
Section 9. That Section 53.080, "Compliance Date Report" of the Code of Ordinances of the
of Delray Beach, is hereby amended to read as follows:
Sec. 53.080. COMPLIANCE DATE REPO REPORTING REQUIREMENTS.
(A)
23
ORD. NO. 25 -1
(B) Compliance Schedule and Progress Reports If additional pretreatment of O&M will be
required to meet the pretreatment standards, the industrial user shall provide such additional
pretreatment or O&M as specified in a compliance schedule. The completion date in this schedule
compliance schedule shall contain increments of progress in the form of dates for the commencement
nine (9) months elapse between such progress reports to the Director.
(C) Final Compliance Rood Within thirty (30) days following the date for final compliance
with applicable pretreatment standards or, in the case of a new source, following commencement of the
introduction of wastewater into the public- sanitary sewer system, the user shall submit to the Director,
a .----ft,Tite ;;r a report indicating the nature and concentration of all pollutants in the discharge from the
regulated process which are limited by pretreatment standards and requirements and the average and
maximum daily flow for these process units in the user facility which are limited by those pretreatment
standards or requirements. The report shall meet the requirements of Rule 62- 625.60013). The report
shall agtate whether the applicable pretreatment standards and requirements ate being met on a
consistent basis and, if not, what additional pretreatment is necessary to bring the user into compliance
with the applicable pretreatment standards or requirements. All monitoring analytical results must be
submitted to the City within forty -five (45) days of sample collection. This statement shall be signed by
a registered professional engineer authorized to act on behalf of the user.
Section 10. That Section 53.081, "Reporting Requirements" of the Code of Ordinances of the
of Delray Beach, is hereby amended to read as follows:
Sec. 53.081. OTHER REPORTING REQUIREMENTS.
(A) Periodic Compliance Reports Each significant industrial user or permittee, except nog
signficant categorical industrial users, shall submit to the City during the months of MAy jme at
NaveiTib December, unless required more frequently in the pretreatment standards or by the City,
report indicating the nature and concentration of pollutants in the effluent which are limited by thu
pretreatment standards or this Chapter. The reports must be based on sampling and analy
24
ORD. NO. 25-
of this monitoring shall be included in the report In addition, this report shall include a record of
water consumption which, during the reporting period, exceeded the average daily water consum]
reported in the submission information. At the discretion of the City and in consideration of
factors as local high or low flow rates, holidays, budget cycles, and the like, the City may agree to
the months during which the above reports are to be submitted. The City may also reduce
625.600(4)(d), F.A.C. The user shall be responsible to quantify that fraction of daily water con
designated for discharge to the sanitary sewer, if different from the total water consumption.
F.A.C.
(B) Reports of Changed Condition.. Each user must notify the City and the Regional Treatn
Facilities of any planned significant changes to the user's operations or system which might alter
nature, quality, or volume of its wastewater at least thirty (30) days before the change.
(1) The Director may require the user to submit such information as may
deemed necessary to evaluate the changed condition, including the submissi
under Section 53.101(A).
(2) The Director may issue a wastewater discharge permit under Section 53.102
this Chapter or modify an existing wastewater discharge permit under Sect
53.102 of this Chapter in response to changed conditions or anticipated chant
conditions.
(3) For purposes of this requirement, significant changes include, but are
limited to, flow twenty (20) percent or greater, and the discharge of
previously unreported pollutants.
(C) Reports of Potential Problems
(1) In the case of any discharge, including, but not limited to, accidental discharg
discharges of a nonroutine, episodic nature, a noncustomary batch discharge,
a slug lead discharge, or prohibited discharge, that may cause potential proble:
for the Treatment Works, the user shall immediately telephone and notify 1
City of the incident. This notification shall include the location of the dischar
25
ORD. NO. 25-1
by the user.
(2) Within five (5) days following such discharge, the user shall, unless waived in
writing by the Director, 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 Treatment Works, natural resources, or any other damage to person or
property; nor shall such notification relieve the user of any fines, penalties, or
other liability which may be imposed pursuant to this Chapter.
(3) A notice shall be permanently posted on the user's bulletin board or other
prominent place advising employees whom to can in the event of a discharge
described in paragraph (1), above. User shall ensure that all employees who may
cause such a discharge to occur are advised of the emergency notification
procedure.
(D) Report from Urpermitted Users. All users not required to obtain a wastewater discharge
permit shall provide reports to the City timed to coincide with the facility pumping schedule and
containing information as described in Section 53.057(F).
(E) Timing. Written reports shall be deemed to have been submitted on the
postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by
United States Postal Service, the date of receipt of the report shall govern.
stated under Sec. 53.101 B) of this Chapter.
from [month, dad vead to [month. day, Xearl:
53.004;
26
ORD. NO. 25 -1
Section 11.
of Delray Beach, is here
Sec. 53.082. IN
(A)
facilities of ani
occupants of
representative r
inspection, sainj
requirements during this rTg_period, and
;l The facility never discharged more than 100 gallons of total categorical
wastewater on anyiyen day during this reporting period. This compliance
certification is based upon the following information: [documentation of basis to
continue! xeMtionj-
That Section 53.082, "Inspection and Sampling" of the Code of Ordinances of the City
by amended to read as follows:
SPECTION AND SAMPLING.
'Ins pections Autboritied.] The City, through its employees, is authorized to inspect the
user to ascertain whether all requirements are being complied with. Persons or
)remises where wastewater is created or discharged shall allow the City or its
eady access at all reasonable times to all parts of the premises for the purposes of
)ling, records examination, records copying, or in the performance of their duties.
;� The City, Board, FDEP, and EPA shall have the right to set up on the user's
property those devices as are necessary to conduct sampling inspection,
compliance monitoring, or metering operations.
Where a user has security measures in force which would require proper
identification and clearance before entry into their premises, the user shall make
necessary arrangements with their security guards so that upon presentation of
suitable identification, personnel from the City, Board, FDEP and EPA will be
permitted to enter, without delay, for the purposes of performing their specific
responsibilities.
The City. Board FDEP and EPA may requite the User to install monitoring
e ui ment as necessga. The facility's sa=ling and monjigting e Lu ment shall
be maintained at all times in a safe and proper gperating operating condition by the User
at its own expense. All devices used to measure wastewater flow and qua li
shall be calibrated monthly to ensure their accuracy.
Amy t=oraa ox petmanent obstruction to safe and easy access to the facility
to be inspected and /or sampled shall be proMfly removed by the User at the
written or verbal request of the C4, Board FDEP or EPA and shall not be
replaced. The costs of clearing such access shall be borne by the User.
Unreasonable delays in allowing the City, Board FDEP or EPA access to the
User's premises shall be a violation of this ordinance.
27
ORD. NO. 25 -1
(B) Administrative Inspection Warrants If the City has been refused access to a building,
structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that
there may be a violation of this Chapter, or that there is a need to inspect and /or sample as part of a
routine inspection and sampling program of the City designed to verify compliance with this ordinance
or any permit or order issued hereunder, or to protect the overall public health, safety, and welfare of
the community, then the City may seek issuance of an inspection warrant pursuant to F.S. Sections
933.21 through 933.26, from the Palm Beach County Court.
Section 12. That Section 53.084, "Analytical Requirements" of the Code of Ordinances of the City
of Delray Beach, is hereby amended to read as follows:
Sec. 53.084. ANALYTICAL REQUIREMENTS.
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 teehn*es
requirements of prescribed in 40 CFR Part 136; Chapter 62 -160; F.A.C., and Rule 62- 625.600L6 (d) and
,(e�, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136;
does not contain appropriate sampling or
analytical techniques for the pollutant in question,
the laboratory, with approval of the industrial user; the
City and FDEP, shall identify and propose a method for use in accordance with Rules 62- 160.300 and
62- 160.330, F.A.C.
Section 13. That Section 53.085, "Sample Collection" of the Code of Ordinances of the City of
Delray Beach, is hereby amended to read as follows:
Sec. 53.085. SAMPLE COLLECTION.
(A) Except as indicated in subsection (B) below, the user must collect wastewater samples
using 24 -hour flow proportional composite collection techniques. In the event flow proportional
sampling is not feasible, the Director may authorize, in writing, the use of time proportional sampling
or a minimum of four (4) samples where the user demonstrates 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. The City shall require the number of grab samples necessary to
requirements. Sample collection shall meet the requirements of Rule 62- 625.600(6)(c )-(f), F.A.C.
(B) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile
organic compounds must be obtained using grab ee&eetio sample techniques.
�Cl All samples shall be representative of daily operations. Both daily maximum and
28
etas aP rAmiirPe r"nmN f9nrP vyrif-k Q PCt m/JnQ(TPf'1'1Pnt r1YQ!`f'1!`P nr o tPrnnf-laP + P
industrial user shall submit documentation as required by the City or the g Mlicable standards to
determine compliance with the standard.
�D) Samples shall be taken immediately downstream from pretreatment facilities, if such
exist, or immediately downstream from the regulated process if no pretreatment exists. If other
wastewaters are mixed with the regulated wastewater prior to pretreatment, the industrial user shall
measure flows and concentrations necessary to allow use of the combined waste stream formula of
Rule 62-625.410(6), F.A.C., in order to evaluate compliance with the pretreatment standards. Where an
alternate concentration or mass limit has been calculated in accordance with Rule 62-625.410(6j,
F.A.C., this adjusted limit, along with supporting data, shall be submitted to the City.
Section 14. That Section 53.100, "Permit Requirements" of the Code of Ordinances of the City of
Delray Beach, is hereby amended to read as follows:
Sec. 53.100. PERMIT REQUIREMENTS.
(A) WlastewaterAnalysis. When requested by the City, a user must submit information on the
nature and characteristics of its wastewater within sixty (60) days of the request. The Director is
authorized to prepare a form for this purpose and may periodically requite users to update this
information.
(B) Wastewater Discharge Permit Requirement.
(1) No significant industrial user shall discharge wastewater into the Treatment
Works without first obtaining a wastewater discharge permit from the City,
except that a significant industrial user that has filed a timely application
pursuant to subsection (C) of this Section may continue to discharge for the
time period specified therein.
(2) The City may requite other users to obtain wastewater discharge permits as
necessary to carry out the purposes of this Chapter.
(3) Any violation of the terms and conditions of a wastewater discharge permit shall
be deemed a violation of this ordinance and subjects the wastewater discharge
permittee to the sanctions set out in Section 53.999 of this Chapter and the
City's Enforcement Response Plan. Obtaining a wastewater discharge 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 of
Federal, State, and local law.
(C) Wastewater Discharge Permitting; Existing Connections. Any user required to obtain a
wastewater discharge permit who was discharging wastewater into the Treatment Works prior to the
29
ORD. NO. 25 -12
effective date of Ordinance No. 4-02 [Feb. 19, 2002] and who wishes to continue such discharges in the
future, shall, within thirty (30) days after said date, apply to the City for a wastewater discharge permit
in accordance with Section 53.101 of this Chapter, and shall not cause or allow discharges to the
Treatment Works to continue after thirty (30) days following the effective date of Ordinance No. 4 -02
except in accordance with a wastewater discharge permit issued by the City.
(D) Wastewater Discharge Permitting• New Connections. Any user required to obtain a wastewater
discharge permit who proposes to begin or recommence discharging into the Treatment Works must
obtain such permit prior to the beginning or recommencing of such discharge. An application for this
wastewater discharge permit, in accordance with Section 53.101 of this Chapter, must be filed at least
ninety 90 days prior to the date upon which any discharge will begin or recommence.
Section 15. That Section 53.101 "Permit Application" of the Code of Ordinances of the City of
Delray Beach, is hereby amended to read as follows:
Sec. 53.101. PERMIT APPLICATION.
(A) Contents of Application. All users required to obtain a wastewater discharge permit must
submit a permit application. Incomplete or inaccurate applications will not be processed and will be
returned to the user for revision. The Director map require all users to submit as part of an application
the following information:
(1) All information required by Section 53.080 of this Chapter and Rule 62-
625.600(l), F.A.C;
(2) Description of activities, facilities, and plant processes on the premises,
including a list of all raw materials and chemicals used or stored at the facility
which are, or could accidentally or intentionally be discharged to the Treatment
Works;
(3) Number and type of employees, hours of operation, and proposed or actual
hours of operation;
(4) Each product produced by type, amount, process or processes, and rate of
production;
(5) 'type and amount of raw materials processed (average and maxitntun per day);
(6) Site plans, floor plans, mechanical and plumbing plans, and details to show all
sewers, floor drains, and appurtenances by size, location, and elevation, and all
points of discharge;
(7) Time and duration of discharges; and
30
ORD. NO. 25 -12
(8) Any other information as may be deemed necessary by the Director to
the wastewater discharge permit application.
(B) Application Signatories and Certzfzcation. All tivastewater discharge permit applications
user reports must be signed by an authorized representative of the user. as defined by FAC
625.600(11)�and contain the following certification statement:
"I certify under penalty of law that this document and all attachments were prepared under j
direction or supervision in accordance with a system designed to assure that qualified person
properly gather and evaluate the information submitted. Based on my inquiry of the person
persons who manage the system, or those persons directly responsible for gathering 1
information, the information submitted is to the best of my knowledge and belief, tr
accurate, and complete. I am aware that there are significant penalties for submitting fa
information, including the possibility of fine and imprisonment for knowing violations."
(C) Wastewater Discharge Permit Decisions. The City will evaluate the data furnished by the 1
and may requite additional information. Within thirty (30) days of receipt of a complete wastew
discharge permit application, the City will determine whether or not to issue a wastewater disch:
permit. The City may deny any application for a wastewater discharge permit if it is determined that
anticipated discharges from the facility will have a negative impact on the Treatment Works.
Section 16. That Section 53.102, "Permit Administration" of the Code of Ordinances of the City
Delray Beach, is hereby amended to read as follows:
Sec. 53.102. PERMIT ADMINISTRATION.
(A) Wlastewater Discharge Permit Duration. A wastewater discharge permit shall be issued for
specified time period, not to exceed five (5) years from the effective date of the permit. A wastewat
discharge permit may be issued for a period less than five (5) years, at the discretion of the Ditectc
Each wastewater discharge permit will indicate a specific date upon which it will expire.
(B) Wastewater Discharge Permit Contents A wastewater discharge permit shall include
conditions as are deemed reasonably necessary by the Director to prevent pass through or interfej
protect the quality of the water body receiving the treatment plant's effluent, and protect a;
damage to the Treatment Works.
(1) Wastewater discharge permits must contain:
(a) A statement that indicates wastewater discharge permit duration,
in no event shall exceed five (5) years;
31
ORD. NO. 25-
..I-4 ---- -4- i- ..1- h o A- - fi in i't�H nr�n uin
without prior notification to the City in accordance with subsection
of this Section, and provisions for furnishing the new owner or opei
with a copy of the existing wastewater discharge permit;
(c) Effluent limits, including best management practices, based
applicable pretreatment standards;
{d) Self- monitoring, sampling, reporting, notification, and record -keel
requirements. These requirements shall include an identification
pollutants to be monitored, sampling location, sampling frequency,
sample type based on Federal, State, and local law;
control mechanism;
{e} 44 A statement of applicable civil and criminal penalties for violation
pretreatment standards and requirements, and any applicable complia:
schedule. Such schedule may not extend the time for compliance bey(
that required by applicable Federal, State, or local law; and
nec
(2) Wastewater discharge permits may contain, but need not be limited to,
following conditions:
(a) Limits on the average and /or maximum rate of discharge, time
discharge, and /or requirements for flow regulation and equalization;
(b) Requirements for the installation of pretreatment technology, polluti
control, or construction of appropriate containment devices, designed
reduce, eliminate, or prevent the introduction of pollutants into i
Treatment Works;
(c) Requirements for the development and implementation of spill
plans or other special conditions including management 1
necessary to adequately prevent accidental, unanticipated, or not
discharges;
32
ORD. NO. 25-
(a) vevelopment ana implementation or waste minimization plans to
reduce the amount of pollutants discharged to the Treatment Works;
(e) The unit charge or schedule of user charges and fees for the
management of the wastewater discharged to the Treatment Works;
(fl Requirements for installation and maintenance of inspection
sampling facilities and equipment;
(g) A statement that compliance with the wastewater discharge permit d
not relieve the permittee of responsibility for compliance with
applicable Federal and State pretreatment standards, including th
which become effective during the term of the wastewater dischi
permit; and
(h) Other conditions as deemed appropriate by the Director to et
compliance with this Chapter, and State and Federal laws, rules,
regulations.
(C) Warteivater Discharge PermitModication. The Director may modify a wastewater
permit for good cause, including, but not limited to, the following reasons:
(1) To incorporate any new or revised Federal, State, or local pretrea
standards or requirements;
(2) To address significant alterations or additions to the user's operation, process,
wastewater volume or character since the time of wastewater discharge pert
issuance;
(3) A change in the Treatment Works that requires either a temporary or
reduction or elimination of the authorized discharge;
(4) Information indicating that the permitted discharge poses a threat to
Treatment Works, City personnel, or the receiving waters;
(5) Violation of any terms or conditions of the wastewater discharge permit;
(6) Misrepresentation or failure to fully disclose all relevant facts in the
discharge permit application or in any required reporting;
(7) Revisions of or a grant of variance from categorical pretreatment
pursuant to 40 CFR 403.13;
(8) To correct typographical or others errors in the wastewater discharge permit; or
33
ORD. NO. 25 -12
(9) To reflect a transfer of the facility ownership to a new owner or operator.
(D) Wastewater Discharge Permit Transfer Wastewater discharge permits may be transferred to a
new owner or operator only if the permittee gives at least thirty (30) days advance notice to the City and
the Director approves the wastewater discharge permit transfer. Failure to provide advance notice of a
transfer renders the wastewater discharge permit void as of the date of facility transfer. The notice to
the City must include a written certification by the new owner or operator which:
(1) States that the new owner or operator, or both, has no immediate intent to
change the facility's operations and processes;
(2) Identifies the specific dates on which the transfer is to occur; and
(3) Acknowledges full responsibility for complying with the existing
discharge permit.
(E) Wastewater Discharge Permit Reissuance. A user with an expiring wastewater disch
permit shall apply for wastewater discharge permit reissuance by submitting a complete pe:
application, in accordance with Section 53.101 of this Code, a minimum of thirty (30) days prior to
expiration of the user's existing wastewater discharge permit.
dischaMee permit cause, including, but not limited to, the following reasons:
(1)
i�1
(3)
the changed discharge;
pursuant to Section 53.081 (B) of this ordinance;
discharge permit application;
(4) Falsifying self- monitoring reports and certification statements;
(5) Tampering with monitoring equipment;
(6)
facility premises and records;
(7) Failure to meet effluent limitations;
34
ORD. NO. 25-
(9) Failure to pay sewer charges:
(10) Failure to meet compliance schedules;
(11) Failure to complete
application:
z�
(12) Failure to provide o
permitted facility; or
(13) Violation of any Pre
wastewater discharge hermit or this ordinance.
=on the issuance of a new individual wastewater discharge permit to that User.
Section 17. That Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of
Surcharge" of the Code of Ordinances of the City of Delray Beach, is hereby amended to read as follows:
Sect. 53.130. USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF
SURCHARGE.
(A) [Monthll User Charge.] There is imposed upon the owners or upon the users of each re
and wholesale customer served by the sewer system, a monthly user charge for the use thereof
follows:
(1) Sewer Dates A charge for waste resulting from human occupancy which
include all of the following factors for the operation of the collection s,
and treatment of wastewater by the regional wastewater facility:
(a) Operation and maintenance;
(b)
Debt service;
(c)
Capital costs;
(d)
System expansion;
(e)
Others as applicable.
35
ORD. NO. 25-1
as
thousand (1,000) gallons of water consumption.
(2) Server Surcharge. A surcharge for waste which exceeds parameters for stren€
established in this Code may be assessed to applicable customers, pursuant
Section 53.130(G).
(B) Connection Charges.
(1) In addition to the rates set forth in Section 54.130(D), there is established
sewer connection charge for each connection to the City sewage collectic
system. The sewer connection charge shall be one thousand eighty -four dolls
($1,084.00) for each separate residential unit or per Equivalent Resident
Connection for nonresidential units. A residential dwelling unit is defined
Section 53.004
(2) Connection charges by users of the City sewage system wholly outside t
corporate limits of the City are fixed at sums equal to the rates shown in t
above schedule in Section (A) of this Section, plus twenty -five (25) percent
each respective classification. The connection charge shall be paid to the City
the time of obtaining a permit for a connection and shall be in addition to t
permit fee. The size of the connection shall be determined by the Plumbi
Inspector in accordance with Articles 7.6 and 7.7 of the Land Developme
Regulations.
(C) [Nonresidential Server Connection Charge.] There shall be a nonresidential sewer
charge which shall be based on one thousand eighty -four dollars ($1,084.00) per Equivalent
Connection (E.R.C.). Equivalent Residential Connection shall be calculated as follows:
Estimated Flow in Gallons Pei Month
E.R.C. units = 7,000
Where an estimated flow is not available, the following formula shall be used with reference to
Standard Plumbing Code adopted by reference in Article 7.6 of the Land Development Regulations.
Total Fixture Units
E.R.C. Units = 16
(D) [Bates and Charges.] The following rates and charges shall be collected from the users
the City sewerage system:
(1) Residential Dwelling Units. A monthly sanitary sewer service charge is impo;
upon each residential dwelling unit, as more specifically set forth hereinafter,
36
ORD. NO. 25-
wnicn sanitary sewage service is avauawe tnrougn me tacmues attoraea oy me
municipally -owned sewerage system, according to the following schedule:
Residential
Inside City
Outside City
a
Ca pa charge er residential dwelling unit):
18.04
22.55
(b)
Commodity charge (based on metered water with
maximum of 12,000 gallons):
2.20
2.75
(c)
South Central Regional Wastewater Treatment and
Disposal Board (per 1,000 gallons)
1.1917
1.49
NOTES: Where no water service is provided and the user is connected to the sanitary sewer system, 1
commodity charge shall be based on the maximum of twelve thousand (12,000) gallons. This is in addition
the capacity charges as set forth above.
Where no water service is provided and the user is not connected to the sanitary sewer system, and
service is available for connection, there will be a capacity charge as set forth above.
(2) Nonrerideniial/Commenial Units. A monthly sanitary sewer service charge
imposed upon each commercial and nonresidential unit to which sanit
sewage service is available through the facilities afforded by the municipa
owned sewerage system, according to the following schedule:
Nonresidential /Commercial
Inside
City
Outside
City
(a)
I Capacity charge (per meter):
% -inch meter
18.04
22.55
1 -inch meter
30.10
37.62
11/2 inch meter
59.95
74.94
2 -inch meter
95.97
119.96
3 -inch meter
210.14
262.67
4 -inch meter
378.12
472.65
6 -inch meter
840.35
1,050.44
8 -inch meter
1,441.74
1,802.18
10 -inch meter
2,282.80
2,853.50
(b)
Commodity charge: City per 1,000 gallons)
2.20
2.75
(c)
South Central Regional Wastewater Treatment and Disposal Board
(per 1,000 gallons)
1.1917
1.49
37
ORD. NO. 25-1,'
water service is not
connected to the sanitary sewer system or sewer service is available, the capacity charge will be set forth
The commodity charge shall be based on the average usage for the type of business or nonresidential use.
(3) Sewerage Flow Determination. The number of gallons of monthly sewerage flow i
residential and nonresidential /commercial units shall be based upon the wa
usage for those units as indicated by a water meter, unless a customer installs
no cost to the City a separate meter to measure the actual sewerage flow ft(
the subject unit. A separate meter may be used to measure actual sewerage flo
for the calculation of charges only when the location, installation, and type
meter have been approved by the City Manager or his designee.
(4) When Effective. The initial rates for charges shall be effective the first day of
month following the date when the system is constructed, certified for use
the consulting engineer, and accepted by the City.
(E) [Payment Required..] No sewer service shall be furnished or rendered free of charge to
person whomsoever, and the City, County, State, and the United States of America, and every age
department, and instrumentality thereof, except where the City Water and Sewer Fund is the i
which uses any sewer service from the sewage system, shall pay therefore at the rate fixed herein.
(F) Wholesale Sewer bites.
(1) This Section is applicable to those wholesale customers which maintain i
own wastewater collection systems. They shall be charged a flat rate per
thousand (1,000) gallons, the quantity of which shall be determined by
metering of the wastewater discharge from each wholesale customer's indivi
wastewater collection system.
(2) The metering device shall be satisfactory to the City and shall provide for
separate remote thirty -dap recording device which shall have a totaliz(
Location of the metering device shall be at an accessible location as agreed up(
by the parties involved and as further explained and stipulated in an agreeme
to be executed by both parties.
(3) All costs incident to the furnishing, installation, initial calibration, ai
maintenance on a continuing basis of the meter, are and shall be, the wholes
customer's responsibility. The wholesale customer will provide to the City or:
designated representative full details on the proposed meter installation al
assurance that the installation will commence only upon the writt
authorization of the City. The City shall provide an authorization within ten (1
days after receipt by the City of the details of the above proposed met
installation.
38
ORD. NO. 25-
(4) The meter shall be read monthly by a duly authorized agent of the City, and t
wholesale customer shall provide access to the meter for this purpose. In t
event of suspected inaccuracy in meter readings, the City shall have the right
request that the meter be tested by an independent organization in accordar
with standard practices,. If the meter shall be found inaccurate or defective, t
cost of the meter test shall be borne by the wholesale customer. If the me
shall be found to be accurate and in good condition, the cost of the meter t+
shall be borne by the City.
(5) In the event of extenuating circumstances, the Commission may, at
discretion, direct that sufficient proof other than the installation of a mete
device may be acceptable to determine the quantity of wastewater discharge.
(6) Rates and charges to be collected from wholesale users of the City sew
system shall be the sum of the Commodity Charge and the South G
Regional Wastewater Treatment and Disposal Board Charge for inside
customers as stated in Section 53.130(D)(2).
(G) Calculation of Sewer Surcharge.
(1) Calculation of the sewer surcharge shall be in accordance with the
Local limits (allowable strength) reference at South Central Regional
Treatment and Disposal Board and the City of Delray Beach.
Let:
F= F1 +F2 +F3
Where:
F= The factor to multiply the sewer rate for a surcharge due to excess strengths.
F1= The strength factor for BOD or COD, whichever is higher.
F2= The strength factor for TSS (total suspended solids).
F3= The strength factor for oil /grease.
39
ORD. NO. 25 -12
filJCiiii
�:
�L11JJii7
�.
Let:
F= F1 +F2 +F3
Where:
F= The factor to multiply the sewer rate for a surcharge due to excess strengths.
F1= The strength factor for BOD or COD, whichever is higher.
F2= The strength factor for TSS (total suspended solids).
F3= The strength factor for oil /grease.
39
ORD. NO. 25 -12
sewer
monthly cost per customer. As an example of sewer charge calculations utiliz
sewer commodity charge and the strength surcharge formula, assume 1
following with respect to Ajax Manufacturing Company: total monthly flow
one thousand (1,000) gallons; COD of one thousand two hundred (1,200) ml
BOD of one thousand (1,000) mg /l; total suspended solids of two thousa
(2,000) mg /1; oil /grease at five hundred (500) mg /1; prevailing monthly seN
commodity charge is one dollar ninety -seven cents ($1.97) per one thousa
(1,000) gallons:
(a) Sewer Commodity Charge.
$1.97 /1,000 gallons (100,000 gallons per month) = $197.00 /month
(b) Sewer Surcharge Calculation.
F1 = S00 0.41 (1,200 - 800)/800 = 0.21
F2 = 400 0.15 (2,000- 400)/400 = 0.6
F3 = 300 0.41 (500- 100)/100 = 1.6
F= 0.21 +0.6 +1.6 =2.41
(c) Total Monthly Charge (Sewer Commodity Charge Plus Surcharge):
$197.00 /month + $197.00 /month (2.41) = $671.77
(II) [Joint Monthly Statements.] All statements for sewer service shall be submitted monthly
the same statement as the charges for water service and shall be due and payable at the same time as 1
statement for water service. However, the charge for sewer service shall be made a separate item on 1
statement. Initial and final billing shall be prorated based on service dates. Nonpayment of th,
charges shall render the user subject to the provisions of Section 52.51 provided for nonpayment
water bills as now or hereafter established by the ordinances of this City. The owner of the prope
being serviced by City sewer shall be responsible for all charges against that property for sewer u
unless otherwise prohibited by law. Charges for delinquent accounts shall include collection costs a
reasonable attorney fees.
Section 18. That Section 53.132, "Industrial Cost Recovery System" of the Code of Ordinances
the City of Delray Beach, is hereby amended to read as follows:
Sec. 53.132. INDUSTRIAL COST RECOVERY SYSTEM.
(A) There is imposed upon all users of each industrially and commercially
property served by the sewer system an annual cost recovery assessment.
(B) The annual cost recovery is as follows
(1) SIU Industrial Permit Fee. Five hundred dollars ($500.00) plus monitoring costs
40
ORD. NO. 25-t
of Ordi
(2) Commercial /Industrial User Fee. Fifty dollars ($50.00) plus monitoring costs
Permit fees, commercial/industrial user fees and related monitoring cos
reimbursements shall be paid within thirty (30) days of permit issuance or receipt of
monitoring cost recovery notice.
Commercial /industrial user fees will be separately billed on the utility bill. The fee will
be prorated over a twelve -month period, resulting in a monthly charge of four dollars
and seventeen cents ($4.17).
(C) SIU industrial permit fees and commercial /industrial user fees shall be prorated fo
existing permit holders and users upon enactment of this Chapter.
Section 19. That Section 53.142, "Publication of Users in Significant Noncompliance" of the Code
nances of the City of Delray Beach, is hereby amended to read as follows:
Sec. 53.142. PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE.
The City shall publish at least one time annually,
Gity, a list of the industrial users which, during the previous twelve (12) months, were in "significan
noncompliance" with applicable pretreatment standards and requirements as defined in Sec. 53.004
Public notification shall be included in a news a er s of general circulation within the jurisdiction
served by the Treatment Works that meets the requirements of Sections 50.011 and 50.013. F.S.
" : A one - hundred -dollar fee shall be added to the water b'
of a violator during the month in which the violation is published in the newsj2gPet Pursuant to Secdo
53.142.
(A� Ghranie vialations of w2tstewftter- disehftrge limits, defined here as these in wbieh sift�
(33) pereent or mote of wastewa" meftsttrements taken for eaeh pollutant par2traeter dutifT a slit
by the appheable eritetia (1.4 fe± BOD, 42JEK-, &ta, ails aftd geeftse, *-ad 1.2 f0f an Other PoRutafltL�
emeept pi�;
at the geileffA publie)
41
ORD. NO. 25-12,
the City
Beach, is
the envi±eiitnefft; or has resulted in the Gity's e3Eeteise of its emetgeney authority to hah or prevent su
a disehatge;
> >
(F) Fftihire to ptovide, within dtir� (30) days 2tfte± the due doe, any felqii—iir-ed tepo
> pei4odie self monitallT tepefts,
]i Q41 PP E!hedtdes
(-) - - - - ---- to - ----- - - - - - -y -fir - - - -- -fir - --
iii wbieh the violation is published in the itewspaper pmsida!at to Seetion 53.
Section 20. That Section 53.154, "Retention of Records Required" of the Code of Ordinances o
of Delray Beach, is hereby amended to read as follows:
Sec. 53.154. RETENTION OF RECORDS REQUIRED.
All users are required to retain and preserve for no less than three (3) years, any records, books
documents, memoranda, reports, correspondence, documentation associated with best mans emen
practices, and any and all summaries thereto, relating to monitoring, sampling, waste hauling an
chemical analyses made by or on behalf of a user in connection with its discharge. All records whic
pertain to matters which are the subject of administrative adjustment or any other enforcement o
litigation activities brought by the Board or the City pursuant hereto shall be retained and preserved b
the user until all enforcement activities have concluded and all periods of limitation with respect to an
and all appeals have expired. Users shall make such records available for inspection and c - ving by th
Ci
and/or FDEP. All sam lip and anal sis activities shall be subject to the record -kee in
requirements specified in Chapter 62 -160, F.A.C.
Section 21. That Section 53.999, "Penalties" of the Code of Ordinances of the City of Delray
hereby amended to read as follows:
Sec. 53.999. PENALTIES.
(A) Any user who is found to have violated an order of the City or who fails to comply wit]
any provision of this Chapter for which another penalty is not provided, and the orders, rules, an
42
ORD. NO. 25-1!
regulations issued hereunder, shall be penalized tip#e m at least the amount of one thousand dollars
($1,000.00) per day for each offense. Each day on which a violation shall occur or continue shall be
deemed a separate and distinct offense. In addition to the penalties provided herein, the City may
recover all reasonable attorney fees, court costs, court reporter fees, and other expenses of litigation by
appropriate motions or suit at law against the user or person found to have violated this Chapter or th
orders, rules, regulations and permits issued hereunder.
(B) Any person who shall continue any violation beyond the time limit provided for
Section 53.150 shall be guilty of a violation, and on conviction thereof, shall be penalized in the amoi
not exceeding five thousand dollars ($5,000.00) for each violation. Each day in which any violati
shall continue shall be deemed a separate offense.
(C) Within thirty (30) days of any and all violations, the user shall cause a sample of
discharge to be taken and laboratory analysis performed on said sample at their expense with the res
to be provided to the Director. The Director may require further sampling at such times as deer
appropriate.
(D) Whoever violates Section 53.151 of this Chapter shall, upon conviction, be punished
a fine in at least the amount of not inate than one thousand dollars ($1,000.00) or by imprisonment
not more than sixty (60) days, or by both.
(E) All remedies provided for in this ordinance are not exclusive. The City or Director
take any, all, or any combination of these actions against a noncompliant User. Enforcemet
noncompliant User.
Section 22. That should any section or provision of this ordinance or any portion thereof, a
paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be invalid, su
decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the p
declared invalid.
Section 23. That all ordinances or parts of ordinances in conflict herewith be, and the same
hereby repealed.
Section 24. That this ordinance shall become effective upon its passage on second and final
43
ORD. NO. 25-
N PAS ED AND ADOPTED in regular session on second and final reading on this the al day
ATTEST: �1
%LSS'. ;Z).
�' i
City Clerk
First Readin —\ r.-n
Second Reading
MAYOR
44
ORD. NO. 25-t
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Douglas Smith, Acting City Manager
DATE: August 9, 2012
Page 1 of 1
SUBJECT: AGENDA ITEM 10.E. -REGULAR COMMISSION MEETING OF AUGUST 21, 2012
ORDINANCE NO. 25-12
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading to consider an amendment to Chapter 53,
"Sanitary Sewers ", and the City's Enforcement Response Plan, to comply with the Florida
Administrative Code.
BACKGROUND
At the first reading on August 7, 2012, the Commission passed Ordinance No. 25 -12.
RECOMMENDATION
Recommend approval of Ordinance No. 25 -12 on second and final reading.
http:// itwebapp/ Agendalntranet /Bluesheet.aspx ?ItemID= 5884 &MeetingID =386 8/23/2012
ORDINANCE NO. 25 -12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53,
SANITARY SEWERS ", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTIONS
53.004, "ABBREVIATIONS; DEFINITIONS "; 53.051, "PROHIBITED
DISCHARGES TO SEWERS"; 53.052, "NATIONAL CATEGORICAL
PRETREATMENT STANDARDS "; 53.054, "INTERCEPTORS ";
53.056, "ADMISSION OF INDUSTRIAL AND COMMERCIAL
WASTE "; 53.064, "PREVENTION OF ACCIDENTAL
DISCHARGES"; 53.067, "NOTIFICATION OF THE DISCHARGE OF
HAZARDOUS WASTES "; 53.068, "NOTICE OF VIOLATIONS,
REPEAT SAMPLING AND REPORTING'; 53.080, "COMPLIANCE
DATE REPORT "; 53.081, "REPORTING REQUIREMENTS "; 53.082,
"INSPECTION ND S-AMPLING" ; 53.084, "ANALYTICAL
REQUIREMENTS "; 53.085, "SAMPLE COLLECTION"; 53.100,
"PERMIT REQUIREMENTS "; 53.101, "PERMIT APPLICATION ";
53.102, "PERMIT ADMINISTRATION "; 53.130, "USER CHARGES;
WHOLESALE SEWER RATES; CALCULATION OF SEWER
SURCHARGES'; 53.132, "INDUSTRIAL COST RECOVERY
SYSTEM "; 53.142, "PUBLICATION OF USERS IN SIGNIFICANT
NONCOMPLIANCE "; 53.154, "RETENTION OF RECORDS
REQUIRED "; 53.999, "PENALTIES ", IN ORDER TO UPDATE SAME
IN ACCORDANCE WITH NEW FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION C FDEP ") REGULATIONS;
PROVIDING A SAVING CLAUSE; A GENERAL REPEALER
CLAUSE; AND AN EFFECTIVE DATE.
WHEREAS, the Florida Department of Environmental Protection ( "FDEP ") requires the City of
Delray Beach to regulate connections to the City's wastewater collection and transmission system and to
require pre - treatment of industrial wastewater pursuant to the Federal Water Pollution Control Act, Chapter
153, Florida Statutes and Chapter 62.625, Florida Administration Code; and
WHEREAS, the FDEP recently revised its rules and regulations regarding wastewater systems and
pretreatment, found in Chapter 62 -625, F.A.C. Specifically, FDEP revised its rules to comply with EPA's
Streamlining Rule which revised several provisions of the General Pretreatment Regulations found in 40 CFR
Part 403; and
WHEREAS, the City's Sewer Use Ordinance, enforcement response plans and MJA enables the City to
comply with the new FDEP regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 53.004, "Abbreviations; Definitions" of the Code of Ordinances of the
City of Delray Beach, shall be amended to read as follows:
Sec. 53.004. ABBREVIATIONS; DEFINITIONS.
(A) The following abbreviations shall have the designated meanings:
BOD. Biochemical Oxygen Demand.
CBOD. Carbonaceous Biochemical Oxygen Demand.
CFR. Code of Federal Regulations.
COD. Chemical Oxygen Demand.
EPA. U.S. Environmental Protection Agency.
F.A.C. Florida Administrative Code.
FDEP. Florida Department of Environmental Protection.
gpd. Gallons per day.
mg /l. Milligrams per liter.
NPDES. National Pollutant Discharge Elimination System.
O &M. Operation and Maintenance.
RCRA. Resource Conservation and Recovery Act.
SIC. Standard industrial classification.
2
ORD. NO. 25 -12
TSS. Total Suspended Solids.
U.S. C. United States Code.
(B) The following terms, or phrases, shall have the designated meanings:
Act and the Act. The Federal Water Pollution Control Act, also known as the Clean Water Act of
1977, as amended, 33 U.S.C. 1251, et seq.
Approval authority. The Florida Department of Environmental Protection.
Authoritied representative of industrial user.
(A) If the user is a corporation, a responsible corporate officer.
(B) If the user is a partnership or sole proprietorship, a general partner or proprietor,
respectively.
(C) If the user is a Federal, State, or local government facility: a Director or highest official
appointed or designated to oversee the operation and performance of the activities of
the government facility, or their designee.
(D) The individuals described in subsections (A) through (C) above may designate another
authorized representative if the authorization is in writing by the individual described in
(A) through (Cl, the authorization specifies the individual or position responsible for
the overall operation of the facility from which the discharge originates or having
overall responsibility for environmental matters for the company, and the written
authorization is submitted to the City.
Best Management Practices or BMPs. Schedules of activities,Drohibitions of practices, maintenance
procedures and other management practices to implement the prohibitions listed in subsections 62-
625.400(l)(a) and 2), F.A.C. BMPs also include treatment requirements, opegating procedures, and
practices to control plant site runoff, millasre or leaks, industrial sludgae or waste disposal, or damaze
from raw materials storage.
Board The Board of Directors of the South Central Regional Wastewater Treatment and
Disposal Facility.
ORD. NO. 25 -12
BOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter when
nitrification is not inhibited.
Building seiner. Sewer conveying wastewater from the premises of a user to the collection system
which transmits wastewater to the Treatment Works.
Capacity chage. The charges calculated to cover cost incurred to have the system available and in
good operating condition without regard to use, which shall include, but not be limited to, costs of
minimum personnel, capital outlay, debt service, insurance, transfers, reserve requirements, and debt
service coverage.
Categorical pretreatment standard or categorical standard. Any regulation containing pollutant discharge
limits promulgated by EPA in accordance with Sections 307 (b) and (c) of the Act (33 U.S.C. § 1317)
which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts
405 -471.
Categorical industrial user
Sanitary Sewet-. An industrial user subject to categorical pretreatment standards under Rule 62- 625.410,
F.A.C., including 40 CFR Chapter I. Subchapter N. Parts 405 - 471, as of -jWy 1. 2009, herby adopted
and incorporated by reference.
City Personnel. Person designated by the Director.
COD. A measure of the oxygen required to oxidize all compounds, both organic and inorganic,
in water. . - merit-- --- - - -- -- - --
CBOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter when
inhibiting the nitrogenous oxygen demand.
Collection system. The system of public sewers to be operated by the City and connected to the
Treatment Works.
Commodity charge. The charges calculated to cover the costs which vary with the amount of water
produced or sewage processed, which shall include, but not be limited to, costs of personnel to operate
the system, electricity, repairs and maintenance, and operating supplies.
Compatible pollmiant. A substance amenable to treatment in the wastewater treatment plant such
as biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional
pollutants identified in the NPDES permit if the publicly owned Treatment Works was designed to
treat those pollutants, and in fact does remove the pollutant to a substantial degree.
4
ORD. NO. 25 -12
Composite sample. A series of samples taken over a specific twenty- four -hour time period at
intervals not to exceed fifteen (15) minutes in the waste stream which are combined into one sample.
Flow proportional sampling is mandated unless circumstances do not permit it, then it shall be time
proportional. Samples shall be taken during effluent discharge times only.
Cooling water. The water discharged from any use such as air conditioning, cooling, or
refrigeration, or to which the only pollutant added is heat.
Customer charge. The charges calculated to cover the costs incurred in the billing system, which
shall include, but not be limited to costs of meter reading, recording, data processing, billing and
collecting.
Direct discharge. The discharge of treated or untreated wastewater directly into the waters of the
state.
Director. This refers to the individual in charge of the Department of Environmental Services for
the City.
Discharge. To dispose, deposit, place, emit, unload, release or cause or allow to be disposed of,
deposited, placed, emitted, unloaded, or released.
Domestic wastewater. Wastewater derived principally from dwellings, commercial buildings,
institutions, and industry comprised of household or toilet waste resulting from human occupancy. It
may or may not contain ground water, surface water, or stormwater.
Environmental Protection Agency or EPA. The U.S. Environmental Protection Agency. Where
appropriate, the term may also be used as a designation for the Administrator or other duly authorized
official of that agency.
Executive Director. The administrative director or his or her authorized deputy, agent or
representative of the South Central Regional Wastewater Treatment and Disposal Board. The
Executive Director is the authorized administrative authority of the South Central Regional Wastewater
Treatment and Disposal Board.
Existing source. Any source of discharge that is not a "New Source." Any satifee of discharge,
Garbage. The animal and vegetable waste resulting from the handling, preparation, cooking, and
serving of foods.
5
ORD. NO. 25-12
Grab sample.
. An individual, discrete
sample collected at a specific time. A grab sample includes all sub samples or aliquots (e.g. individual
containers for specific analytes or analyte groups},, sample fractions (e.g. total and filtered samples) and
all applicable field auality control samples e.gfield samsample duplicates or split sampled collected at the
same locations within a time not exceeding 15 minutes.
Indirect discharge. The introduction of pollutants into the Treatment Works from any
nondomestic source regulated under Section 307(B), (C) or (D) of the Act and F.S. ch 403.
Industrial or commercial waste. The liquid wastes from industrial, commercial, or institutional
processes as distinct from domestic or sanitary sewage.
Industrial and commercial waste discharge permit. A permit issued to control the process flows from
industry, commerce, or institutions that may be discharged into the sanitary sewer system. This permit
is issued in addition to any other types of permits. When issued, the permit will define the
characteristics and volume of the flow and acceptance or rejection of individual waste components
and /or require high strength waste surcharges.
Industrially classified user. An industrial or commercial user whose liquid wastes are, in part, made
up of flows related to industrial processes, as distinct from an industrial or commercial user whose
waste flows are primarily domestic or resulting from human occupancy.
Industrial user. A source of indirect discharge and discharge of industrial or commercial waste
which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of
the Act, (33 U.S.C. 1342).
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 composite sample collected,
independent of the industrial flow rate and the duration of the sampling event.
Interference. A discharge, which alone or in conjunction with a discharge or discharges from other
sources, inhibits or disrupts the Treatment Works, its treatment process or operations or its sludge
processes, use or disposal; and therefore, is a cause of a violation of the City's NPDES permit or the
prevention of sewage sludge use or disposal in compliance with any of the following
statutory /regulatory provisions or permits issued thereunder, or any more stringent State or local
regulations; F.S. ch. 403, Section 405 of the Act, the Solid Waste Disposal Act, including Tide II
commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations
contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste
6
ORD. NO. 25 -12
Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection,
Research, and Sanctuaries Act.
Local Limit. Specific discharge limits developed and enforced by the City upon industrial or
commercial facilities to implement the general and specific discharge prohibitions listed in Rule 62-
625.4-00_ F.A.C.
Medical waste. Isolation wastes, infectious agents, human blood and blood products, pathological
wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory
wastes, and dialysis wastes.
Milligrams per liter (mg /l). Milligrams per liter shall be considered equivalent to parts per million.
Monitoring costs. Those costs incurred by the City in performing monitoring and /or sampling as
prescribed by 40 CFR 403.
National Categorical Pretreatment Standard Any Federal regulation containing pollutant discharge
limits promulgated by the EPA which applies to a specific category of industrial users.
National Pollutant Discharge Elimination System Permit or NPDES permit. A permit issued pursuant
to Section 402 of the Act (33 U.S.C. 1342).
National Prohibitive Discharge Standard or Prohibitive Discharge Standard. Any regulation developed
under the authority of [subsection] 307(B) of the Act and 40 CFR, Section 403.5.
body.
Natural outlet. Any ditch, canal, stream, waterway, lake, river, pond, well, gully, or other water
New source.
(A) Any building, structure, facility, or installation from which there is (or may be) a
discharge of pollutants, the construction of which commenced after the publication of
proposed pretreatment standards under subsection 307(C) of the Act which will be
applicable to such source if such standards are thereafter promulgated in accordance
with that Section, provided that:
(1) The building, structure, facility or installation is constructed at a site at which no
other source is located; or
(2) The building, structure, facility, or installation totally replaces the process or
production equipment that causes the discharge of pollutants at an existing
source; or
ORD. NO. 25 -12
(3) 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 engaged in the same general type
of activity as the existing source, should be considered.
(B) 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 subsections 53.004 (A)(1) or (2) above but
otherwise alters, replaces, or adds to existing process or production equipment.
(C) Construction of a new source as defined under this paragraph has commenced if the
owner or operator has:
(1) Begun or caused to begin, as part of a continuous onsite construction program:
(a) Any placement, assembly, or installation of facilities or equipment; or
(b) Significant site preparation work including clearing, 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
(c) Entered into a binding contractual obligation for the purchase of
facilities 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.
Noncontact cooling seater. Water used for cooling which does not come into direct contact with any
raw material, intermediate product, waste product, or finished product.
Non -sign (cant categorical industrial user. An industrial user that discharges 100 gallons per day �gpol or less of total categorical wastewater (excluding sanitary, non - contact cooling and boiler
blowdown wastewater, unless specifically included in the pretreatment standard) and:
(A) Has consistently complied with all applicable categorical pretreatment standards and
requirements:
�B) Annually submits the certification statement required in Sec. 53.081(G) of this Chapter
together with any additional information necessary to support the certification
statement; and
8
ORD. NO. 25 -12
Cl Never discharges anv untreated categorical tarocess wastewater.
Pars through. A discharge which exits the Treatment Works into waters of the United State
in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other
sources, is a cause of a violation of any requirement of the Gty2s 14PPEs wastewater treatment plant
permit, including an increase in the magnitude or duration of a violation.
Permit A permit issued to a wastewater treatment plant in accordance with Chapter 62 -620,
F.A.C.
pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.
Point source. The initial point of discharge into the sanitary sewer system.
Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage,
sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials,
heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial
wastes, and certain characteristics of wastewater (e.g. pH, temperature, TSS, turbidity, color, BOD,
COD, toxicity or odor).
Pollution. The man -made or man - induced alteration of the chemical, physical, biological, and
radiological integrity of water.
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, introducing such
pollutants into the Treatment Works. This reduction or alteration can be obtained by physical,
chemical, or biological processes; by process changes; or by other means, except by diluting the
concentration of the pollutants unless allowed by an applicable pretreatment standard.
Pretreatment requirements. Any substantive or procedural requitement for treating of a waste prior
to discharging or otherwise introducing the waste into the Treatment Works.
Pretreatment standards or standards. Pretreatment standards shall mean prohibited discharge
standards, categorical pretreatment standards, and local limits.
Prohibited discharge standards or prohibited discl�arges. Absolute prohibitions against the discharge of
certain substances; these prohibitions appear in Section 53.051 of this Chapter.
Properly shredded garbage. The wastes from the preparation, cooking, and dispensing of food that
have been shredded to a degree that all particles will be carried freely under the flow conditions
normally prevailing in public sewers, with no particle greater than one -half inch (1.27 centimeters) in
any dimension.
9
ORD. NO. 25-12
Publicly owwned Areatment works or !Treatment works In this case, the regional treatment plant
operated by the South Central Regional Wastewater Treatment and Disposal Board and the sewage
collection /transmission system owned and operated separately by the City.
Public sewer. A pipe or conduit in which all owners of abutting properties have equal rights, and
which is controlled by public authority.
Regional treatment facilities. The South Central Regional Wastewater Treatment Plant transmission
and disposal facilities as operated by the South Central Regional Wastewater Treatment and Disposal
Board.
Replacement. Expenditures for obtaining and installing equipment, accessories or appurtenances
which are necessary during the service life of the treatment process Facilities to maintain the capacity
and performance for which those Facilities were designed and constructed.
Residential dwelling unit One or more rooms connected together, constituting a separate,
independent housekeeping establishment and physically separated from any other dwelling unit which
may be in the same structure, and which contains independent sanitation, living, cooking and sleeping
facilities.
Responsible Corporate Officer.
(A) A president. secretary. treasurer, or vice - president of the corporation in charge of a
principle business function. or any other person who performs similar policy- or
decision - making functions for the corporation: or
(B) The manager of one or more manufacturing, production, or operating facilities,
provided the manager:
(1) Is authorized to make management decisions which govern the operation of the
regulated facility including having the explicit or implicit duty of making major
capital investment recommendations:
(2) Is authorized to initiate and direct other comprehensive measures to assure
long -term environmental compliance with environmental laws and regulations:
(3) Can ensure that the necessary systems are established or actions taken to gather
complete and accurate information for control mechanism requirements,
(4) Has been assigned or delegated the authority to sign documents in accordance
with corporate procedures.
10
ORD. NO. 25 -12
Sanitary sewer. A pipe or conduit which carries sewage and to which storm, surface, and ground
water are not intentionally admitted.
Septic tank waste. Any sewage from holding tanks such as vessels, chemical toilets, campers,
trailers, and septic tanks.
Sewage or wastewater: A combination of the water - carried wastes from residences, business
buildings, institutions, and industrial establishments, together with such ground, surface and
storm - waters as may be unintentionally present, which contributes to or is permitted to enter the
Treatment Works.
Significant industrial riser. Except as provided in paragratilis (C and (D) below:
(A) Categorical industrial users; and
(B) A user that Any other industrial user that:
(1) Discharges an average of twenty -five thousand (25,000) gallons per day (gpd) or
more of process wastewater to the Treatment Works (excluding
domestic wastewater, noncontact cooling and boiler blowdown wastewater);
(2) Contributes a process waste stream which makes up five (5) percent or more of
the average dry weather hydraulic or organic capacity of the treatment plant; or
(3) Is designated as such by the City on the basis that it has a reasonable potential
for adversely affecting the Treatment Works operation or for violating any
pretreatment standard or requirement
lCl The City may determine that an industrial user subject to categorical pretreatment
standards under Rule 62- 625.410, F.A.C. including 40 CFR Chatter I. Subchapter N,
Parts 405 -471, is a non - significant categorical industrial user.
{Cjjp) Upon a finding that a user meeting the criteria in Section (B) of this definition has no
reasonable potential for adversely affecting the Treatment Works operation or for
violating any pretreatment standard or requirement, the City may at any time, on its own
initiative or in response to a petition received from a user, and in accordance with
procedures in 62- 625.500(2)(el, determine that such user should not
be considered a significant industrial user.
Significant noncompliance. Violations of this Chapter by a user subject to pretreatment standards
meet one or more of the following criteria:
11
ORD. NO. 25-12
(A) Chronic Violation. Sixty -six (66) percent or more of all measurements taken for the
same pollutant during a six -month period exceed (by any magnitude) the applieftble doily
a numeric pretreatment standard or
requirement, including instantaneous li nits:
(B) Technical Review Criteria (TRC) Violation. Thirty -three (33) percent or more of all
measurements taken for the same pollutant during a six -month period equaled or
exceeded the product of the ' numeric
pretreatment standard or requirement including instantaneous limits, multiplied by tomes
the applicable TRC. F__ __t. _atie_, pr -e ,.eaane_t ,= .__t_._..11_ aRC equals 1.4 for
B.O.D., T.S.S. and oil and grease; and 1.2 for all other pollutants except pH);
(C) [Effluent Violation.] Any other violation of a pretreatment standard or requirement
(daily maximum. long -term average. instantaneous limit. or narrative standard) that the
City determines has caused, alone or in combination with other discharges, interference
or pass through An e€flueftt ieialafisii ea-used it } tei-€e— tee -- V -ss gh--e,f
eger-ed (including endangering the health of City or wastewater treatment tilant
personnel or the general public);
(D) [Discharge Causing Imminent Endangerment.] A discharge that caused imminent
endangerment to human health, welfare or to the environment and resulted in the City
exercising its emergency authority ,° a._ Seetion 53.436 of this Gh&p ..._.
--
(E) [Failure to Meet Compliance Schedule Milestones] Failure to meet a compliance
schedule milestone date within ninety (90) days or more after the scheduled date
contained in a control mechanism or enforcement order for starting construction,
completing construction or attaining final compliance;
(F) [Failure to Meet Report Deadlines.] Failure to submit a required report within diir� (30)
forty -five (45) days of its due date;
(G) [Failure to Report Noncompliance.] Failure to accurately report noncompliance; or
(Ii) [Violations Causing Interference or Pass Through.] Any other violation or group of
violations, including a violation of best management practice, which the Director
determines may cause interference or pass through or will adversely affect
implementation of the City's pretreatment program.
Signocant violation. A violation that remains uncorrected forty -five (45) days after notification of
noncompliance; which is part of a pattern of noncompliance over a twelve -month period; which
involves a failure to accurately report noncompliance; or which resulted in the Treatment Works
exercising its emergency authority under Section 403.8(F)0)(vi)(B) of the Act.
12
ORD. NO. 25-12
Slug load or slug discharge. Any discharge ftf - n..___ .._ ar eaneentrfttien __.L:..,_ ..a.,,,, .._use ft
viahifiait of the prohibited diseh"ge standards in 8eetians 53.951 and 53.052 of this Gh*Pte* of
nonroutine, etiisodic nature, which has reasonable potential to cause interference or pass through, or in
any other way violate the Treatment Works regulations, local limits or permit conditions.
Standard industrial classifuabon (SIC). Classification pursuant to the Standard Industrial
Classification Manual issued by the Executive Office of the President, Office Of Management and
Budget, as amended.
Storm drain. or storm server. A pipe or conduit that carries stormwater and surface water, street
wash, and other wash waters or drainage, but excludes domestic wastewater and industrial and
commercial waste.
Stormwater. Any flow occurring during or following any form of natural precipitation and
resulting therefrom.
Surcharge. An extra charge levied to a user for treatment of compatible wastewaters that contain
substances in excess of specified maximum allowable limits.
Suspended solids. Solids that are in suspension in water, sewage, or other liquids and which are
removable by laboratory filtering.
ff"i9rains per- liter for the listed tindei- 40 GFR 433.11-
Toxic pollutant. Any pollutant or combination of pollutants listed as toxic in regulations
promulgated by the Administrator of the Environmental Protection Agency under subsection 307(A)
of the Act, or other Acts.
User. Any person who contributes, causes, or permits the contribution of wastewater into the
Treatment Works.
User charge or user fee. A charge levied on the users of the Treatment Works for the cost of
operation and maintenance of those facilities and other equitable and necessary charges.
Wastewater treatment plant or treatment plant. That portion of regional treatment facilities designed
to provide treatment to wastewater which is operated by the South Central Regional Wastewater
Treatment and Disposal Board.
Watercourse. A channel in which a flow of water occurs, either continuously or intermittently.
Section 2. That Section 53.051, "Prohibited Discharges to Sewers" of the Code of Ordinances of
the City of Delray Beach, is hereby amended to read as follows:
13
ORD. NO. 25 -12
Sec. 53.051. PROHIBITED DISCHARGES TO SEWERS.
(r1) 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 53.051(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 a closed -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 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 and /or pollutant concentration which, either singly or
by interaction with other pollutants, will cause interference;
(5) Wastewater having a temperature greater than 150° (65 °C), or which will inhibit
biological activity in the treatment plant resulting in interference, but in no case
wastewater which causes the temperature at the introduction into the treatment
plant to exceed 104 °F (40 °C);
(6) Petroleum oil, nonbiodegradable cutting oil, or products of mineral -oil origin, in
amounts that will cause interference or 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
14
ORD. NO. 25 -12
compliance with applicable standards. The Director may require the industrial
waste hauler to provide a waste analysis of any load prior to discharge;
(9) Noxious 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) Stormwater, 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, or 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, 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) mg /l 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), and provided further that the user complies with the requirements of
the City's high- strength sewer surcharge system.
(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. The Ci
may also develop best management practices (BMPs) to implement local limits. Such BMPs shall be
considered local limits and pretreatment standards for the purpose of this Chapter.
15
ORD. NO. 25 -12
(D) Local limits for the South Central Regional Wastewater Treatment and Disposal Board
apply to the sanitary sewer, .
(El No person shall discharge wastewater containing_ pollutants in excess of local limits for
those 1ollutants which have been established for the City of Delray Beach '%VWFs using standard
procedures calculations and methods acceptable to FDEP to protect against pass through, interference,
protection of WWF emplovees and adverse effects on wastewater residuals disposal. No industrial user
shall discharge process waste streams, unregulated waste streams, or dilute waste streams in excess of
the concentrations set forth by the Director. Local limits shall be included as permit conditions and
attached to each SIU wastewater permit issued.
(F) The established local limits are subject to change and shall be modified as needed based
on regulatory requirements and standards, WWF operation, performance and processes, the industrial
user base, potable water duality and domestic wastewater characteristics. Modifications to the
established local limits must be reviewed and approve by FDEP prior to implementation.
Implementation shall be effective 30 days from notice of acceptance of the modified limits by FDEP,
Permitted SIUs shall also be issued an addendum to their wastewater discharge peilydt containing the
new local limits.
jG) The established local limits aptly at the point where the wastewater is discharged to the
WWF. All concentration for metallic substances are for total metal unless indicated otherwise. At his
or her discretion, the director may impose mass limitations in addition to or in Mace of the
concentration -based limitations.
(H) A copv of the approved local limits is available upon request at the following location:
• City of Delray Beach
434 South Swinton Ave
Delray Beach, FL 33444
South Central Regional Wastewater Treatment And Disposal Board
1801 N. Congress Avenue
Delray Beach FL, 33445
16
ORD. NO. 25 -12
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La - fib - -
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WEM M •• ■.
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- W. _
Section 3. That Section 53.052, "National Categorical Pretreatment Standards" of the Code of
Ordinances of the City of Delray Beach, is hereby amended to read as follows:
Sec. 53.052. NATIONAL CATEGORICAL PRETREATMENT STANDARDS.
(A) [Federal Standards Incorporated.] The categorical pretreatment standards found at 40 CFR
Chapter 1, Subchapter N, Parts 405 -471 are hereby incorporated.
17
ORD. NO. 25 -12
(1) Where a categorical pretreatment standard is expressed only in terms of either
the mass or the concentration of a pollutant in wastewater, the Director may
impose equivalent concentration or mass limits in accordance with 40 CFR
403.6 (C) and Florida Administrative Code 62- 625 - 410(4).
(2) When wastewater subject to a categorical pretreatment standard is mixed with
wastewater not regulated by the same standard, the Director shall impose an
alternate limit using the combined waste stream formula in 40 CFR 403.6 (E)
and Florida Administrative Code 62- 625- 410(6).
(3) A user may obtain a variance from a categorical pretreatment standard if the
user can prove, pursuant to the procedural and substantive provisions in 40
CFR 403.13 and Florida Administrative Code 62.625.700, that factors relating to
its discharge are fundamentally different from the factors considered by EPA
when developing the categorical pretreatment standard.
(4) When the limits in a categorical pretreatment standard are expressed only in
terms of mass of pollutant per unit of production. the Director may convert the
limits to equivalent limitations expressed either as mass of pollutant discharged
per day or effluent concentration for purposes of calculating effluent limitations
applicable to Individual Industrial Users, in accordance with Florida
Administrative Code 62- 625.410441.
(B) Dilution. No user shall ever increase the use of process water, or in any way attempt to
dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with
a discharge limitation unless expressly authorized by an applicable pretreatment standard or
requirement.
(C) [Mars Limitations.] The Director may impose mass limitations on users who are using
dilution to meet applicable pretreatment standards or requirements, or in other cases when the
imposition of mass limitations is appropriate.
Section 4. That Section 53.054, "Interceptors" of the Code of Ordinances of the City of Delray
Beach, is hereby amended to read as follows:
Sect. 53.054. INTERCEPTORS.
(A) Grease, oil, hair, lint and sand interceptors are to be provided when, in the judgment of
the Director, they are necessary for the proper handling of liquid wastes containing grease or any other
restricted substance in excessive amounts or any flammable wastes, sand, or other harmful ingredients;
except that those interceptors shall not be required for private living quarters or dwelling units. All
1s
ORD. NO. 25 -12
interceptors shall be of a type and capacity approved by the City and shall be so located as to be readily
and easily accessible for cleaning and inspection.
(B) All new and existing businesses or industries that wash cars will be required to install
and maintain an oil /water separator in the sewer service discharge. For outdoor car washing, the wash
pad must be sheltered so stormwater will not be discharged to the sanitary sewer system. Complete
containment of all car wash areas using curbing or mountable traffic bumps is required to prevent
runoff of wash discharge to storm drainage facilities. All new and existing businesses or industries that
use petroleum base products in day to day activities will be required to install an oil /water separator in
the sewer service discharge if floor drains connect to the sanitary sewer. No domestic effluent shall be
allowed to discharge through the oil /water separator as stated in the plumbing code section of the
Florida Building Code.
(Cl All units have to meet the standards of the Florida Plumbing code effective March 1,
2009. If a later edition of this code or subsequent amendments are made to the a1212licable minimum
code, then those revisions or amendments shall automatically become the adopted code under this
chapter.
Section 5. That Section 53.056, "Admission of Industrial and Commercial Waste" of the Code of
Ordinances of the City of Delray Beach, is hereby amended to read as follows:
Sect. 53.056. ADMISSION OF INDUSTRIAL AND COMMERCIAL WASTE.
All users of the sanitary sewers shall recognize and comply with the following:
(A) The economy and desirability of the combined treatment of industrial and commercial
wastes and sanitary sewage is recognized. However, not all types and quantities of industrial and
commercial wastes can be so treated. It shall be the City's policy to admit the types and quantities of
industrial and commercial wastes that are not harmful or damaging to the structures, processes or
operation of the sewage works or are not specifically prohibited. In all cases, a special permit will be
issued which will state specific conditions and requirements to be maintained. It is also recognized that
to provide this service, additional facilities or treatment are required. The cost of which must be borne
by the user receiving the benefits.
(B) (1) Approval in advance by the City is requited for the anticipated admission into the public
sewers of industrial or commercial wastes where the heal surcharge limits will be
exceeded for the following:
COD;
Suspended Solids;
19
ORD. NO. 25 -12
Oil /Grease Content;_
(2) The user shall provide chemical analyses of the discharge according to a
schedule to be established by the City and continued discharge shall be subject
to approval of the City.
(C) Samples shall be collected so as to be a representative sample of the actual quality of the
wastes. Samples for analysis may be collected by the user or his representative. Analysis shall be made
by a registered sanitary engineer or graduate chemist whose qualifications are acceptable to the City or a
wastewater treatment plant operator licensed and registered in the State, or a water testing laboratory
certified by the State, using the laboratory methods for the examination of wastewater as set forth in 40
CFR 136.
(D) When required by the Director, any establishment discharging industrial or commercial
wastes into the sewer system shall construct and maintain at its sole expense a suitable control manhole
or other suitable control station downstream from any treatment, storage, or other approved works to
facilitate observation, measurement and sampling of all wastes including all domestic sewage from the
establishment. The location and methods of construction of the control station shall be approved by
the Director. The control station shall be maintained by the establishment so as to be safe and
accessible at all times. If any establishment wishes to meter its waste discharge into the sewer system to
verify in- product water retention or other uses of metered flow, they may, at their sole expense, install a
flow - metering device as approved by the Director. The control station shall be accessible to City
personnel at all times for sampling. When required, construction of those facilities shall be completed
within ninety (90) days following written notification by the City.
Section 6. That Section 53.064, "Prevention of Accidental Discharges" of the Code of Ordinances
of the City of Delray Beach, is hereby amended to read as follows:
Sec. 53.064. PREVENTION OF ACCIDENTAL AND SLUG DISCHARGES.
(A) Where determined by the Director, a user shall provide protection from accidental
discharge of restricted and prohibited materials or other substances regulated by this Chapter. Facilities
to prevent accidental discharge of prohibited and restricted materials shall be provided and maintained
at the owner's expense.
(B) Prevention of accidental discharges requires, but is not limited to, providing secondary
containment for storage of potentially hazardous and /or regulated materials. The containment
requirements are those now specified in, but not limited to, 40 CFR 264.170 through 176; City of
20
ORD. NO. 25-12
Delray Beach Code of Ordinances Sections 96.40 through 96.47; Article 14, Chapter B, Section 6,
Subsection C of the Palm Beach County Unified Land Development Code. Containment requirements
must also meet or exceed the following criteria of this subchapter:
(1) Containment Volume. Containment volume to be provided shall be one hundred
fifty (150) percent of the total stored material.
(2) Storage Sheltering. All outdoor storage shall be sheltered from rainfall, or a suitable
means of removing rainwater from secondary containment areas shall be
provided.
(3) Conditions of the Stored Vessel All stored containers shall be maintained in sound
condition. No rust, corrosion or other signs of deterioration of the primary
containment wall shall be permitted. All stored containers shall be closed and
sealed during storage.
(4) Segregation of Chemicaly Reactive Contents. Materials which are potentially reactive
with each other shall not be stored in the same containment area, unless physical
barrier separations are provided within the common area.
(5) Standby Materials /Equipment. Absorbents and pumps for pumping out spills shall
be available when needed.
(6) Design of Containment Floor /Base. The floor or base of the containment area on
which the stored vessels rest shall either be sloped or raised or provided with a
drain faucet to prevent or minimize contact between the storage container wall
and spilled content.
(7) Materials of Construction for Containment. The walls, sidings and floor or base of the
containment area shall be constructed of materials which are chemically inert
with the stored materials and which render the provided containment volume
leak proof.
(C) On the request of the City, the user shall be required to submit detailed plans showing
facilities and operating procedures to provide this protection. All required users shall complete this plan
within ninety (90) days after notification by the City. If further required by the City, a user who
commences contribution to the Public Sewers after the effective date of this Chapter shall not be
permitted to introduce pollutants into the system until accidental discharge procedures have been
approved by the City. Review and approval of those plans and operating procedures shall not relieve
the industrial user from the responsibility to modify the user's facility as necessary to meet the
requirements.
21
ORD. NO. 25 -12
(D) The City shall evaluate, at least once ever two years, whether each significant industrial
user needs a plant to control slug discharges. New significant industrial users must be evaluated within
1 year of being designated a significant industrial user. Significant industrial users are required to notify
the City immediately of an changes hanges at its facility affecting the potential for a slug discharge. If the City
decides that a slug control plan is needed, the plan shall be prepared in accordance with the
requirements of Rule 62- 625.500(2)U(6). F.A.C.
jp} E� In the case of an accidental discharge, including slug discharges and prohibited
discharges, it is the responsibility of the user to immediately notify by telephone the Director, the
Executive Director, and the City. The notification shall include location of discharge, type of material,
concentration and volume, and corrective actions.
Section 7. That Section 53.067, "Notification of the Discharge of Hazardous Wastes" of the Code
of Ordinances of the City of Delray Beach, is hereby amended to read as follows:
Sec. 53.067. NOTICE OF THE DISCHARGE OF HAZARDOUS WASTES.
(A) All industrial users shall also have provisions for notifying the City (Director), the
Executive Director, the EPA Regional Waste Management Division Director, aftd the State hazardous
waste authorities, and the State pretreatment authorities in writing of any discharge into the City sewer
system of a substance which is a listed or characteristic waste under Section 3001 of RCRA, or 40 CFR
Part 261, or Chapter 62 -730, F.A.C. Such notification must include the name of the hazardous waste.
the EPA hazardous waste number, a de tip _ii of afty sueh wastes diseharged, .. ~ eeiP i g the __..i._
„ya _,._,.,.. trat ,._ of ,.._,.,- ___,,, tes and the type of discharge (continuous, batch, or other)-. identifying
This requirement shall not
apply to pollutants already reported under the self - monitoring requirements. Notification is required
no later than thir1y (3Q) days after the discharge of the listed or characteristic hazardous waste. If the
industrial user discharges more than 100 kilograms of such waste per calendar month to the Treatment
Works_ the notification shall also contain the following information to the extent such information is
known and readily available to the industrial user:
41)- An identification of the hazardous constituents contained in the waste
3� An estimation of the mass and concentration of such constituents in the waste
stream discharged during that calendar month, and
3 An estimation of the mass of constituents in the waste stream expected to be
discharged during the following 12 months.
(B) Dischargers to the sanitary sewer system are exempt from notification requirements
during a calendar month in which they generate no more than O} fifteen 15 kilograms
of hazardous wastes, unless the wastes are acute hazardous wastes, as specified in 40 CFR 261 and
Chawer 62 -730. F.A.C. Discharge of more than fifteen (15) kilograms of non -acute hazardous wastes
in a calendar month, or of anv Quantity of acute hazardous wastes as specified in 40 CFR 261 and
22
ORD. NO. 25 -12
Chapter 62 -730, F.A.C., whieh requires a one -time notification. Subsequent months during which the
industrial user discharges more than 15 kilograms of
for- a_,. ,.. ate i_, a..._.. ___a c a
hazardous waste do not require additional notification, ; e--e-r_t ___ ____ ;____ ___P-__ __ wastes ,.p,._._..
(C) In the case of new regulations under Section 3001 of RCRA identifying additional
characteristics of hazardous waste or listing any additional substance as a hazardous waste, the
industrial user must notify the Director of the discharge of such substance within ninety (90) days of
the effective date of such regulations, except for the exemption in subsection (B) of this Section.
(D) In the case of any notification made under this Section, the industrial user shall certify
that it has a program in place to reduce the volume and toxicity of wastes generated to the degree it has
determined to be economically practicable and that it has selected the method of treatment, storage, or
disposal currently available which minimizes the present and future threat to human health and the
environment.
Section 8. That Section 53.068, "Notice of Violation /Repeat Sampling and Reporting" of the
Code of Ordinances of the City of Delray Beach, is hereby amended to read as follows:
Sec. 53.068. NOTICE OF VIOLATION /REPEAT 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 Direeta City Personnel within thirty (30)
days after becoming aware of the violation. If the City Personnel has performed the sampling _and
analysis in lieu of the industrial user, the City Personnel must perform the repeat sampling and analysis
unless the user is notified of the violation and the City Personnel requires the user to perform the
rrWeat analysis. The user is not required to resample if the efor City Personnel monitors at the
user's facility at least once a month, or if the City Personnel samples between the user's initial
sampling and when the user receives the results of this sampling.
Section 9. That Section 53.080, "Compliance Date Report" of the Code of Ordinances of the City
of Delray Beach, is hereby amended to read as follows:
Sec. 53.080. COMPLIANCE DATE REP REPORTING REQUIREMENTS.
(A) Baseline Rfport. Within ninety (90) days after the effective date of a pretreatment
standard, existing industrial users currently discharging to, or schedule to discharge to the Treatment
Works shall submit to City Personnel a baseline report that meets the requirements of Rule 62-
625.600 (l). F.A.C. At least ninety (9t days prior to commencement of discharge, new sources, and
sources that become industrial users subsequent to the promulgation of an applicable pretreatment
standard, shall submit to City Personnel a baseline report that meets the requirements of Rule 62-
625.600(l), F.A.C. New sources shall include in this report information on the method of pretreatment
23
ORD. NO. 25 -12
it intends to use to meet applicable pretreatment standards.
(B) Compliance Schedule and Progress Reports. If additional pretreatment of O &M will be
required to meet the pretreatment standards, the industrial user shall provide such additional
pretreatment or O&M as specified in a compliance schedule. The completion date in this schedule
shall not be later than the compliance date established for the applicable pretreatment standard. The
compliance schedule shall contain increments of progress 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 industrial user to meet the applicable pretreatment standard (e.g. hiring an engineer,
completing preliminga plans, completing final plans, executing contract for major components,
commencing construction, completing construction). No increment of progress shall exceed nine 2
months. Within fourteen (14) days following each date in the schedule and the final date for
compliance, the industrial user shall submit a progress report to the Director including, at a minimum,
whether or not it complied with the increment of progress to be met on such date, and, if not, the date
on which it expects to comply with this increment of progress, the reason for delay, and the steps being
taken by the industrial user to return the construction to the schedule established. Compliance
schedule reports shall meet the requirements in Rule 62- 625.600(2), F.A.C. In no event shall more than
nine (9) months elapse between such progress reports to the Director.
(Cl Final Comiliance Report. Within thirty (30) days following the date for final compliance
with applicable pretreatment standards or, in the case of a new source, following commencement of the
introduction of wastewater into the public- sanitary sewer system, the user shall submit to the Director,
a moi-Atafing report indicating the nature and concentration of all pollutants in the discharge from the
regulated process which are limited by pretreatment standards and requirements and the average and
maximum daily flow for these process units in the user facility which are limited by those pretreatment
standards or requirements. The report shall meet the requirements of Rule 62- 625.600(31. The report
shall aState whether the applicable pretreatment standards and requirements are being met on a
consistent basis and, if not, what additional pretreatment is necessary to bring the user into compliance
with the applicable pretreatment standards or requirements. All monitoring analytical results must be
submitted to the City within forty -five (45) days of sample collection. This statement shall be signed by
a registered professional engineer authorized to act on behalf of the user.
Section 10. That Section 53.081, "Reporting Requirements" of the Code of Ordinances of the City
of Delray Beach, is hereby amended to read as follows:
Sec. 53.081. OTHER REPORTING REQUIREMENTS.
(A) Periodic Compliance Reports. Each significant industrial user or permittee, except non -
sigWficant categorical industrial users, shall submit to the City during the months of une and
Nevetxber December, unless required more frequently in the pretreatment standards or by the City, a
report indicating the nature and concentration of pollutants in the effluent which are limited by those
pretreatment standards or this Chapter. The reports must be based on sampling and analysis
performed in the period covered by the report. Periodic compliance reports shall meet the
24
ORD. NO. 25 -12
requirements of Rule 62- 625.600(4 and (2 ). F.A.C. If an industrial user monitors any regulated
pollutant at the appropriate monitoring location more frequently than required by the City_ the results
of this monitoring shall be included in the report. In addition, this report shall include a record of daily
water consumption which, during the reporting period, exceeded the average daily water consumption
reported in the submission information. At the discretion of the City and in consideration of such
factors as local high or low flow rates, holidays, budget cycles, and the like, the City may agree to alter
the months during which the above reports are to be submitted. The City may also reduce the
reporting requirements to a frequency no less than once a year, unless required more frequently in the
pretreatment standard or by FDEP. if the industrial user meets the requirements of Rule 62-
625.600(4)4. F.A.C. The user shall be responsible to quantify that fraction of daily water consumption
designated for discharge to the sanitary sewer, if different from the total water consumption. In cases
where the pretreatment standard requires compliance with best management practice (BhM or
pollution prevention alternative, the industrial user shall submit documentation required by the City or
the pretreatment standard necessary to determine the compliance status of the industrial user. The City
may authorize an industrial user to waive sampling of a regulated pollutant if the industrial user
Provides a certification statement and demonstrates compliance with Rule 62- 625.600(4�(b� (h) and (c).
F.A.C.
(B) Reports of Changed Conditions. Each user must notify the City and the Regional Treatment
Facilities 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 thirty (30) days before the change.
(1) The Director may require the user to submit such information as may be
deemed necessary to evaluate the changed condition, including the submission
under Section 53.101(A).
(2) The Director may issue a wastewater discharge permit under Section 53.102 of
this Chapter or modify an existing wastewater discharge permit under Section
53.102 of this Chapter in response to changed conditions or anticipated changed
conditions.
(3) For purposes of this requirement, significant changes include, but are not
limited to, flow twenty (20) percent or greater, and the discharge of any
previously unreported pollutants.
(C) Reports of Potenfial Problems
(1) In the case of any discharge, including, but not limited to, accidental discharges,
discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or
a slug lead discharge, or prohibited discharge, that may cause potential problems
for the Treatment Works, the user shall immediately telephone and notify the
City of the incident. This notification shall include the location of the discharge,
25
ORD. NO. 25 -12
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 in
writing by the Director, 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 Treatment Works, natural resources, or any other damage to person or
property; nor shall such notification relieve the user of any fines, penalties, or
other liability which may be imposed pursuant to this Chapter.
(3) A notice shall be permanently posted on the users bulletin board or other
prominent place advising employees whom to call in the event of a discharge
described in paragraph (1), above. User shall ensure that all employees who may
cause such a discharge to occur are advised of the emergency notification
procedure.
(D) Report from Unpermitted Users. All users not required to obtain a wastewater discharge
permit shall provide reports to the City timed to coincide with the facility pumping schedule and
containing information as described in Section 53.057(F).
(E) Timing. Written reports shall be deemed to have been submitted on the date
postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the
United States Postal Service, the date of receipt of the report shall govern.
(F) Signatory Requirements. Signatory requirements for all industrial user reports shall be as
stated under Sec. 53.101 3 of this Chapter.
(G) Annual Cerication b� Nora- St Categorical Industrial Users. An industrial use
determined to be a non - significant categorical industrial user as defined in Sec. 53.004 of this Chapter,
must annuall y submit the following certification statement. signed in accordance with the signatory
requirements of Paragraph (F) above. The certification must accompany any alternative report required
by the City: "Based on my inquiry of the person or persons directly responsible for managing
compliance with the categorical pretreatment standards under 40 CHR [spec4plicable national
pretreatment standard part(sj. I certify that, to the best of my knowledge and belief that during the period
from [month, da - eat rl to [month, day. vearl:
(1) The facility described as [industrial user name] met the definition of a non-
significant categorical industrial user as defined in the City's Ordinance, Sec.
53.004:
26
ORD. NO. 25 -12
(2) The facility complied with all applicable pretreatment standards and
requirements during this reporting period, an d
(3) The facility never discharged more than 100 gallons of total categorical
wastewater on any given day during this reporting period. This compliance
certification is based upon the following information: [documentation of basis to
continue exemptionl.
Section 11. That Section 53.082, "Inspection and Sampling" of the Code of Ordinances of the City
of Delray Beach, is hereby amended to read as follows:
Sec. 53.082. INSPECTION AND SAMPLING.
(A) [Inspections .Autborked.] The City, through its employees, is authorized to inspect the
facilities of any user to ascertain whether all requirements are being complied with. Persons or
occupants of premises where wastewater is created or discharged shall allow the City or its
representative ready access at all reasonable times to all parts of the premises for the purposes of
inspection, sampling, records examination, records copying, or in the performance of their duties.
4L The City, Board, FDEP, and EPA shall have the right to set up on the user s
property those devices as are necessary to conduct sampling inspection,
compliance monitoring, or metering operations.
(� Where a user has security measures in force which would require proper
identification and clearance before entry into their premises, the user shall make
necessary arrangements with their security guards so that upon presentation of
suitable identification, personnel from the City, Board, FDEP and EPA will be
permitted to enter, without delay, for the purposes of performing their specific
responsibilities.
The City. Board, FDEP and EPA may require the User to install monitoring
equipment as necessary. The facility's sampling and monitoring equipment shall
be maintained at all times in a safe and proper operating condition by the User
at its own expense. All devices used to measure wastewater flow and duality
shall be calibrated monthly to ensure their accuracy,
j44 Any temporary or permanent obstruction to safe and easy access to the facility
to be inspected and /or sampled shall be promptly removed by the User at the
written or verbal request of the City, Board, FDEP or EPA and shall not be
replaced. The costs of clearing such access shall be borne by the User.
( Unreasonable delays in allowing the City-, Board, FDEP. or EPA access to the
User's premises shall be a violation of this ordinance.
27
ORD. NO. 25 -12
(B) Administrative Inspection Warrants. If the City has been refused access to a building,
structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that
there may be a violation of this Chapter, or that there is a need to inspect and /or sample as part of a
routine inspection and sampling program of the City designed to verify compliance with this ordinance
or any permit or order issued hereunder, or to protect the overall public health, safety, and welfare of
the community, then the City may seek issuance of an inspection warrant pursuant to F.S. Sections
933.21 through 933.26, from the Palm Beach County Court.
Section 12. That Section 53.084, "Analytical Requirements" of the Code of Ordinances of the City
of Delray Beach, is hereby amended to read as follows:
Sec. 53.084. ANALYTICAL REQUIREMENTS.
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 teehes
requirements of 40 CFR Part 136, Chapter 62 -160, F.A.C., and Rule 62- 625.600(6)4 and
4e , unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136;
Ghapt - 62 460 F.A.G. aitd 62 625v99(1)(R do does not contain aabropriate sampling or
analytical techniques for the pollutant in question,
1 . the laboratory, with approval of the industrial user, the
City and FDEP. shall identify and propose a method for use in accordance with Rules 62- 160.300 and
62- 160.330, F.A.C.
Section 13. That Section 53.085, "Sample Collection" of the Code of Ordinances of the City of
Delray Beach, is hereby amended to read as follows:
Sec. 53.085. SAMPLE COLLECTION.
(A) Except as indicated in subsection (B) below, the user must collect wastewater samples
using 24 -hour flow proportional composite collection techniques. In the event flow proportional
sampling is not feasible, the Director may authorize, in writing, the use of time proportional sampling
or a minimum of four (4) samples where the user demonstrates 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. The City shall require the number of grab samples necessary to
assess and assure compliance by industrial users with the applicable pretreatment standards and
requirements. Sample collection shall meet the requirements of Rule 62- 625.600(6)(c) -(0, F.A.C.
(B) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile
organic compounds must be obtained using grab ealleetion sample techniques.
(C) All samples shall be representative of daily operations. Both daily maximum and
average concentration (or mass, where required) shall be reported. In cases where the pretreatment
28
ORD. NO. 25 -12
standard requires compliance with a best management practice or pollution prevention alternative, the
industrial user shall submit documentation as requited by the City or the applicable standards to
determine compliance with the standard.
(D)— Samples shall be taken immediately downstream from pretreatment facilities, if such
exist, or immediately downstream from the regulated process if no pretreatment exists. If other
wastewaters are mixed with the regulated wastewater prior to pretreatment_ the industrial user shall
measure flows and concentrations necessary to allow use of the combined waste stream formula of
Rule 62- 625.410(6), F.A.C.. in order to evaluate compliance with the pretreatment standards. Where an
alternate concentration or mass limit has been calculated in accordance with Rule 62- 625.410(6).
F.A.C., this adjusted limit, along with supporting data. shall be submitted to the City.
Section 14. That Section 53.100, "Permit Requirements" of the Code of Ordinances of the City of
Delray Beach, is hereby amended to read as follows:
Sec. 53.100. PERMIT REQUIREMENTS.
(A) WastewaterAnalysis. When requested by the City, a user must submit information on the
nature and characteristics of its wastewater within sixty (60) days of the request. The Director is
authorized to prepare a form for this purpose and may periodically requite users to update this
information.
(B) Wastewater Discharge Permit Requirement.
(1) No significant industrial user shall discharge wastewater into the Treatment
Works without first obtaining a wastewater discharge permit from the City,
except that a significant industrial user that has filed a timely application
pursuant to subsection (C) of this Section may continue to discharge for the
time period specified therein.
(2) The City may require other users to obtain wastewater discharge permits as
necessary to carry out the purposes of this Chapter.
(3) Any violation of the terms and conditions of a wastewater discharge permit shall
be deemed a violation of this ordinance and subjects the wastewater discharge
permittee to the sanctions set out in Section 53.999 of this Chapter and the
City's Enforcement Response Plan. Obtaining a wastewater discharge permit
does not relieve a perinittee of its obligation to comply with all Federal and State
pretreatment standards or requirements or with any other requirements of
Federal, State, and local law.
(C) Wlastewater Discharge Permitting Existing Connections. Any user required to obtain a
wastewater discharge permit who was discharging wastewater into the Treatment Works prior to the
29
ORD. NO. 25-12
effective date of Ordinance No. 4-02 [Feb. 19, 2002] and who wishes to continue such discharges in the
future, shall, within thirty (30) days after said date, apply to the City for a wastewater discharge permit
in accordance with Section 53.101 of this Chapter, and shall not cause or allow discharges to the
Treatment Works to continue after thirty (30) days following the effective date of Ordinance No. 4-02
except in accordance with a wastewater discharge permit issued by the City.
(D) Wastewater Dircbarge Permitting New Connections. Any user required to obtain a wastewater
discharge permit who proposes to begin or recommence discharging into the Treatment Works must
obtain such permit prior to the beginning or recommencing of such discharge. An application for this
wastewater discharge permit, in accordance with Section 53.101 of this Chapter, must be filed at least
mine 90 days prior to the date upon which any discharge will begin or recommence.
Section 15. That Section 53.101 "Permit Application" of the Code of Ordinances of the City of
Delray Beach, is hereby amended to read as follows:
Sec. 53.101. PERMIT APPLICATION.
(A) Contents of Application. All users required to obtain a wastewater discharge permit must
submit a permit application. Incomplete or inaccurate applications will not be processed and will be
returned to the user for revision. The Director may require all users to submit as part of an application
the following information:
(1) All information required by Section 53.080 of this Chapter and Rule 62-
625.600(l), F.A.C;
(2) Description of activities, facilities, and plant processes on the premises,
including a list of all raw materials and chemicals used or stored at the facility
which are, or could accidentally or intentionally be discharged to the Treatment
Works;
(3) Number and type of employees, hours of operation, and proposed or actual
hours of operation;
(4) Each product produced by type, amount, process or processes, and rate of
production;
(5) Type and amount of raw materials processed (average and maximum per day);
(6) Site plans, floor plans, mechanical and plumbing plans, and details to show all
sewers, floor drains, and appurtenances by size, location, and elevation, and all
points of discharge;
(7) Time and duration of discharges; and
30
ORD. NO. 25 -12
(S) Any other information as may be deemed necessary by the Director to evaluate
the wastewater discharge permit application.
(B) Application Signatories and Certification. All wastewater discharge permit applications and
user reports must be signed by an authorized representative of the user, as defined by FAC 62-
625.600(11 ,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 atg hering 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."
(C) Wastewater Discharge Permit Decisions. The City will evaluate the data furnished by the user
and may require additional information. Within thirty (30) days of receipt of a complete wastewater
discharge permit application, the City will determine whether or not to issue a wastewater discharge
permit. The City may deny any application for a wastewater discharge permit if it is determined that the
anticipated discharges from the facility will have a negative impact on the Treatment Works.
Section 16. That Section 53.102, "Permit Administration" of the Code of Ordinances of the City of
Delray Beach, is hereby amended to read as follows:
Sec. 53.102. PERMIT ADMINISTRATION.
(A) Wastewater Discharge Permit Duration. A wastewater discharge permit shall be issued for a
specified time period, not to exceed five (5) years from the effective date of the permit. A wastewater
discharge permit may be issued for a period less than five (5) years, at the discretion of the Director.
Each wastewater discharge permit will indicate a specific date upon which it will expire.
(B) Wastewater Discharge Permit Contents. A wastewater discharge permit shall include such
conditions as are deemed reasonably necessary by the Director to prevent pass through or interference,
protect the quality of the water body receiving the treatment plant's effluent, and protect against
damage to the Treatment Works.
(1) Wastewater discharge permits must contain:
(a) A statement that indicates wastewater discharge permit duration, which
in no event shall exceed five (5) years;
31
ORD, NO. 25 -12
(b} A statement that the wastewater discharge permit is nontransferable
without prior notification to the City in accordance with subsection (D)
of this Section, and provisions for furnishing the new owner or operator
with a copy of the existing wastewater discharge permit;
(c) Effluent limits, including best management practices, based on
applicable pretreatment standards;
(d) Self- monitoring, sampling, reporting, notification, and record- keeping
requirements. These requirements shall include an identification of
pollutants to be monitored, sampling location, sampling frequency, and
sample type based on Federal, State, and local law;
le) Process for seeking a waiver for a pollutant neither present nor expected
to be present in the discharge in accordance with Rule 62- 625.600(4)(b)
and (c), F.A.C., or a specific waived pollutant in the case of an individual
control mechanism:
{e} jt A statement of applicable civil and criminal penalties for violation of
pretreatment standards and requirements, and any applicable compliance
schedule. Such schedule may not extend the time for compliance beyond
that required by applicable Federal, State, or local law: and
(g) Requirements to control slug discharges, if determined by the City to be
necessary.
(2) Wastewater discharge permits may contain, but need not be limited to, the
following conditions:
(a) Limits on the average and /or maximum rate of discharge, time of
discharge, and /or requirements for flow regulation and equalization;
(b) 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
Treatment Works;
(c) Requirements for the development and implementation of spill control
plans or other special conditions including management practices
necessary to adequately prevent accidental, unanticipated, or nonroutine
discharges;
32
ORD. NO. 25 -12
(d) Development and implementation of waste minimization plans to
reduce the amount of pollutants discharged to the Treatment Works;
(e) The unit charge or schedule of user charges and fees for the
management of the wastewater discharged to the Treatment Works;
(� Requirements for installation and maintenance of inspection and
sampling facilities and equipment;
(g) A statement that compliance with the wastewater discharge 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 wastewater discharge
permit; and
(h) Other conditions as deemed appropriate by the Director to ensure
compliance with this Chapter, and State and Federal laws, rules, and
regulations.
(C) Wastewater Discharge Permit Modification. The Director may modify a wastewater discharge
permit for good cause, including, but not limited to, the following reasons:
(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, process, or
wastewater volume or character since the time of wastewater discharge permit
issuance;
(3) A change in the Treatment Works 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
Treatment Works, City personnel, or the receiving waters;
(5) Violation of any terms or conditions of the wastewater discharge permit;
(6) Misrepresentation or failure to fully disclose all relevant facts in the wastewater
discharge permit application or in any required reporting,
(7) Revisions of or a grant of variance from categorical pretreatment standards
pursuant to 40 CFR 403.13;
(8) To correct typographical or others errors in the wastewater discharge permit; or
33
ORD. NO. 25-12
(9) To reflect a transfer of the facility ownership to a new owner or operator.
(D) Wastewater Discharge Permit Transfer. Wastewater discharge permits may be transferred to a
new owner or operator only if the permittee gives at least thirty (30) days advance notice to the City and
the Director approves the wastewater discharge permit transfer. Failure to provide advance notice of a
transfer renders the wastewater discharge permit void as of the date of facility transfer. The notice to
the City must include a written certification by the new owner or operator which:
(1) States that the new owner or operator, or both, has no immediate intent to
change the facility's operations and processes;
(2) Identifies the specific dates on which the transfer is to occur; and
(3) Acknowledges full responsibility for complying with the existing wastewater
discharge permit.
(E) Wastewater Discharge Permit Reissuance. A user with an expiring wastewater discharge
permit shall apply for wastewater discharge permit re-issuance by submitting a complete permit
application, in accordance with Section 53.101 of this Code, a minimum of thirty (30) days prior to the
expiration of the user's existing wastewater discharge permit.
(E) Wastewater Discharge Permit Revocation. The City may revoke an individual wastewater
discharge permit for good cause, including, but not limited to, the following reasons:
(1) A failure to notify the Director of significant changes to the wastewater prior to
the changed discharge:
(2) Failure to provide prior notification to the Director of changed conditions
pursuant to Section 53.081 (Bl of this ordinance:
(3) Misrepresentation or failure to fully disclose all relevant facts in the wastewater
discharge permit application:
(4) Falsifying self- monitoring reports and certification statements:
(5) Tampering with monitoring equipment;
(6) Refusing to allow the Director, or authorized personnel, timely access to the
facilit r�premises and records:
(7) Failure to meet effluent limitations:
34
ORD. NO. 25 -12
(8) Failure to pay fines:
(9) Failure to pay sewer charges:
(10) Failure to meet compliance schedules:
(11) Failure to complete a wastewater survey or the wastewater discharge permit
application:
(12) Failure to provide advance notice of the transfer of business ownership of a
permitted facility: or
(13) Violation of any Pretreatment Standard or Requirement, or any terms of the
wastewater discharge permit or this ordinance.
Individual wastewater discharge permits shall be voidable upon nonuse, cessation of operations or
transfer of business ownership. All individual wastewater discharge permits issued to a User are void
upon the issuance of a new individual wastewater discharge permit to that User.
Section 17. That Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer
Surcharge" of the Code of Ordinances of the City of Delray Beach, is hereby amended to read as follows:
Sect. 53.130. USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER
SURCHARGE.
(A) [Monthly User Chage.] There is imposed upon the owners or upon the users of each retail
and wholesale customer served by the sewer system, a monthly user charge for the use thereof as
follows:
(1) Sewer Bates. A charge for waste resulting from human occupancy which shall
include all of the following factors for the operation of the collection system
and treatment of wastewater by the regional wastewater facility:
(a) Operation and maintenance;
(b) Debt service;
(c) Capital costs;
(d) System expansion;
(e) Others as applicable.
35
ORD. NO. 25 -12
Consult Utility Billing for the prevailing rates expressed as dollars per one
thousand (1,000) gallons of water consumption.
(2) Seer Surcharge. A surcharge for waste which exceeds parameters for strength
established in this Code may be assessed to applicable customers, pursuant to
Section 53.130(G).
(B) Connection Charges.
(1) In addition to the rates set forth in Section 54.130(D), there is established a
sewer connection charge for each connection to the City sewage collection
system. The sewer connection charge shall be one thousand eighty -four dollars
($1,084.00) for each separate residential unit or per Equivalent Residential
Connection for nonresidential units. A residential dwelling unit is defined in
Section 53.004
(2) Connection charges by users of the City sewage system wholly outside the
corporate limits of the City are fixed at sums equal to the rates shown in the
above schedule in Section (A) of this Section, plus twenty -five (25) percent of
each respective classification. The connection charge shall be paid to the City at
the time of obtaining a permit for a connection and shall be in addition to the
permit fee. The size of the connection shall be determined by the Plumbing
Inspector in accordance with Articles 7.6 and 7.7 of die Land Development
Regulations.
(C) [Nonresidential Sewer Connection Charge.] There shall be a nonresidential sewer connection
charge which shall be based on one thousand eighty -four dollars ($1,084.00) per Equivalent Residential
Connection (E.R.C.). Equivalent Residential Connection shall be calculated as follows:
Estimated Flow in Gallons Per Month
E.R.C. units = 7,000
Where an estimated flow is not available, the following formula shall be used with reference to the
Standard Plumbing Code adopted by reference in Article 7.6 of the Land Development Regulations.
Total Fixture Units
E.R.C. Units = 16
(D) [Bates and Charges] The following rates and charges shall be collected from the users of
the City sewerage system:
(1) Residential Dwelling Units. A monthly sanitary sewer service charge is imposed
upon each residential dwelling unit, as more specifically set forth hereinafter, to
36
ORD. NO. 25 -12
which sanitary sewage service is available through the facilities afforded by the
municipally -owned sewerage system, according to the following schedule:
Residential
Inside City
Outside City
a
Ca aci ty charge (per residential dwelling unit):
18.04
22.55
(b)
Commodity charge (based on metered water with
maximum of 12,000 gallons):
2.20
2.75
(c)
South Central Regional Wastewater Treatment and
Disposal Board (per 1,000 gallons)
1.1917
1.49
NOTES: Where no water service is provided and the user is connected to the sanitary sewer system, the
commodity charge shall be based on the maximum of twelve thousand (12,000) gallons. This is in addition to
the capacity charges as set forth above.
Where no water service is provided and the user is not connected to the sanitary sewer system, and sewer
service is available for connection, there will be a capacity charge as set forth above.
(2) Nonresidential / Commercial Units A monthly sanitary sewer service charge is
imposed upon each commercial and nonresidential unit to which sanitary
sewage service is available through the facilities afforded by the municipally-
owned sewerage system, according to the following schedule:
Nonresidential /Commercial
Inside
City
Outside
City
(a)
I Capacity charge (per meter):
3/4-inch meter
18.04
22.55
1 -inch meter
30.10
37.62
11/2-inch meter
59.95
74.94
2 -inch meter
95.97
119.96
3 -inch meter
210.14
262.67
4 -inch meter
378.12
472.65
6 -inch meter
840.35
1,050.44
8 -inch meter
1,441.74
1,802.18
10 -inch meter
2,282.80
2,853.50
(b)
Commodity charge: City per 1,000 gallons)
2.20
2.75
(c)
South Central Regional Wastewater Treatment and Disposal Board
(per 1,000 gallons)
1.1917
1.49
37
ORD. NO. 25 -12
NOTE (1): For those nonresidential /commercial units where water service is not available, and the user is
connected to the sanitary sewer system or sewer service is available, the capacity charge will be set forth above.
The commodity charge shall be based on the average usage for the type of business or nonresidential use.
(3) Sewerage Flow Determination. The number of gallons of monthly sewerage flow for
residential and nonresidential /commercial units shall be based upon the water
usage for those units as indicated by a water meter, unless a customer installs at
no cost to the City a separate meter to measure the actual sewerage flow from
the subject unit. A separate meter may be used to measure actual sewerage flow
for the calculation of charges only when the location, installation, and type of
meter have been approved by the City Manager or his designee.
(4) when Effective. The initial rates for charges shall be effective the first day of the
month following the date when the system is constructed, certified for use by
the consulting engineer, and accepted by the City.
(E) [Payment Required] No sewer service shall be furnished or rendered free of charge to any
person whomsoever, and the City, County, State, and the United States of America, and every agency,
department, and instrumentality thereof, except where the City Water and Sewer Fund is the user,
which uses any sewer service from the sewage system, shall pay therefore at the rate fixed Herein.
(F) wholesale Sewer mates.
(1) This Section is applicable to those wholesale customers which maintain their
own wastewater collection systems. They shall be charged a flat rate per one
thousand (1,000) gallons, the quantity of which shall be determined by the
metering of the wastewater discharge from each wholesale customer's individual
wastewater collection system.
(2) The metering device shall be satisfactory to the City and shall provide for a
separate remote thirty -day recording device which shall have a totalizer.
Location of the metering device shall be at an accessible location as agreed upon
by the parties involved and as further explained and stipulated in an agreement
to be executed by both parties.
(3) All costs incident to the furnishing, installation, initial calibration, and
maintenance on a continuing basis of the meter, are and shall be, the wholesale
customer's responsibility. The wholesale customer will provide to the City or its
designated representative full details on the proposed meter installation and
assurance that the installation will commence only upon the written
authorization of the City. The City shall provide an authorization within ten (10)
days after receipt by the City of the details of the above proposed meter
installation.
38
ORD. NO. 25 -12
(G)
(4) The meter shall be read monthly by a duly authorized agent of the City, and the
wholesale customer shall provide access to the meter for this purpose. In the
event of suspected inaccuracy in meter readings, the City shall have the tight to
request that the meter be tested by an independent organization in accordance
with standard practices. If the meter shall be found inaccurate or defective, the
cost of the meter test shall be borne by the wholesale customer. If the meter
shall be found to be accurate and in good condition, the cost of the meter test
shall be borne by the City.
(5) In the event of extenuating circumstances, the Commission may, at its
discretion, direct that sufficient proof other than the installation of a metering
device may be acceptable to determine the quantity of wastewater discharge.
(6) Rates and charges to be collected from wholesale users of the City sewerage
system shall be the sum of the Commodity Charge and the South Central
Regional Wastewater Treatment and Disposal Board Charge for inside City
customers as stated in Section 53.130(D)(2).
Calculation of 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 and the City of Delray Beach.
�i11JiTii
iii \JCiLi7 � °• °•••°
Let:
F= F1 +F2 +F3
Where:
F= The factor to multiply the sewer rate for a surcharge due to excess strengths.
F1= The strength factor for BOD or COD, whichever is higher.
F2= The strength factor for TSS (total suspended solids).
F3= The strength factor for oil /grease.
39
ORD. NO. 25 -12
(2) The surcharge will be added to the sewer commodity charge to develop the
monthly cost 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 (1,000) gallons; COD of one thousand two hundred (1,200) mg /1;
BOD of one thousand (1,000) mg /1; total suspended solids of two thousand
(2,000) mg /l; oil /grease at five 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.
$1.97/1,000 gallons (100,000 gallons per month) = $197.00 /month
(b) Sewer Surcharge Calculation.
F1 = 890 0.41 (1,200- 800)/800 = 0.21
F2 = 499 0.15 (2,000 - 400)/400 = 0.6
F3 = +90 0.41 (500 - 100) /100 = 1.6
F= 0.21 +0.6 +1.6 =2.41
(c) Total Monthly Charge (Sewer Commodity Charge Plus Surcharge):
$197.00 /month + $197.00 /month (2.41) = $671.77
(I) [Joint Monthly Statements.] All statements for sewer service shall be submitted monthly on
the same statement as the charges for water service and shall be due and payable at the same time as the
statement for water service. However, the charge for sewer service shall be made a separate item on the
statement. Initial and final billing shall be prorated based on service dates. Nonpayment of these
charges shall render the user subject to the provisions of Section 52.51 provided for nonpayment of
water bills as now or hereafter established by the ordinances of this City. Tlie owner of the property
being serviced by City sewer shall be responsible for all charges against that property for sewer use,
unless otherwise prohibited by law. Charges for delinquent accounts shall include collection costs and
reasonable attorney fees.
Section 18. That Section 53.132, "Industrial Cost Recovery System" of the Code of Ordinances of
the City of Delray Beach, is hereby amended to read as follows:
Sec. 53.132. INDUSTRIAL COST RECOVERY SYSTEM.
(A) There is imposed upon all users of each industrially and commercially classified
property served by the sewer system an annual cost recovery assessment.
(B) The annual cost recovery is as follows (see a'-_ = Se _- 53.404)-
(1) SIU Industrial Permit Fee. Five hundred dollars ($500.00) plus monitoring costs
40
ORD. NO. 25 -12
(2) Commercial /Industrial User Fee. Fifty dollars ($50.00) plus monitoring costs
Permit fees, commercial /industrial user fees and related monitoring cost
reimbursements shall be paid within thirty (30) days of permit issuance or receipt of
monitoring cost recovery notice.
Commercial /industrial user fees will be separately billed on the utility bill. The fee will
be prorated over a twelve -month period, resulting in a monthly charge of four dollars
and seventeen cents ($4.17).
(C) SI J industrial permit fees and commercial /industrial user fees shall be prorated for
existing permit holders and users upon enactment of this Chapter.
Section 19. That Section 53.142, "Publication of Users in Significant Noncompliance" of the Code
of Ordinances of the City of Delray Beach, is hereby amended to read as follows:
Sec. 53.142. PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE.
The City shall publish at least one time annually, ift the lffgest daily newspaper published in the
Git1; a list of the industrial users which, during the previous twelve (12) months, were in "significant
noncompliance" with applicable pretreatment standards and requirements as defined in Sec. 53.004.
Public notification shall be included in a newspaper (s) of general circulation within the jurisdiction
served by the Treatment Works that meets the requirements of Sections 50.011 and 50.013, F.S. The
term " ' " shill ineans A one - hundred- dollar fee shall be added to the water bill
of a violator during the month in which the violation is published in the newspaper pursuant to Section
53.142.
41
ORD. NO. 25 -12
IWAWY-Y
-L
41
ORD. NO. 25 -12
Section 20. That Section 53.154, "Retention of Records Required" of the Code of Ordinances of
the City of Delray Beach, is hereby amended to read as follows:
Sec. 53.154. RETENTION OF RECORDS REQUIRED.
All users are required to retain and preserve for no less than three (3) years, any records, books,
documents, memoranda, reports, correspondence, documentation associated with best management
practices, and any and all summaries thereto, relating to monitoring, sampling, waste hauling and
chemical analyses made by or on behalf of a user in connection with its discharge. All records which
pertain to matters which are the subject of administrative adjustment or any other enforcement or
litigation activities brought by the Board or the City pursuant hereto shall be retained and preserved by
the user until all enforcement activities have concluded and all periods of limitation with respect to any
and all appeals have expired. Users shall make such records available for inspection and copying by the
City FDEP. All samt)hnq and analvsis activities shall be subiect to the record - keening
requirements specified in Chapter 62 -160, F.A.C.
Section 21. That Section 53.999, "Penalties" of the Code of Ordinances of the City of Delray
Beach, is hereby amended to read as follows:
Sec. 53.999. PENALTIES.
(A) Any user who is found to have violated an order of the City or who fails to comply with
any provision of this Chapter for which another penalty is not provided, and the orders, rules, and
42
ORD. NO. 25 -12
regulations issued hereunder, shall be penalized " in at least the amount of one thousand dollars
($1,000.00) per day for each offense. Each day on which a violation shall occur or continue shall be
deemed a separate and distinct offense. In addition to the penalties provided herein, the City may
recover all reasonable attorney fees, court costs, court reporter fees, and other expenses of litigation by
appropriate motions or suit at law against the user or person found to have violated this Chapter or the
orders, rules, regulations and permits issued hereunder.
(B) Any person who shall continue any violation beyond the time limit provided for in
Section 53.150 shall be guilty of a violation, and on conviction thereof, shall be penalized in the amount
not exceeding five thousand dollars ($5,000.00) for each violation. Each day in which any violation
shall continue shall be deemed a separate offense.
(C) Within thirty (30) days of any and all violations, the user shall cause a sample of the
discharge to be taken and laboratory analysis performed on said sample at their expense with the results
to be provided to the Director. The Director may require further sampling at such times as deemed
appropriate.
(D) Whoever violates Section 53.151 of this Chapter shall, upon conviction, be punished by
a fine in at least the amount of net- tnerethatt one thousand dollars ($1,000.00) or by imprisonment for
not more than sixty (60) days, or by both.
(E) All remedies provided for in this ordinance are not exclusive. The City or Director may
take any, all, or any combination of these actions against a noncompliant User. Enforcement of
tiretreatment violations will generally be in accordance with the City's enforcement response plan.
However, the City or Director may take action against any User when the circumstances warrant.
Further, the City or Director is empowered to take more than one enforcement action against ant
noncompliant User.
Section 22. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, clause 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 hereof other than the part
declared invalid.
Section 23. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 24. That this ordinance shall become effective upon its passage on second and final reading.
43
ORD. NO. 25 -12
PASSED AND ADOPTED in regular session on second and final reading on this the _ dap of
2012.
ATTEST:
City Clerk MAYOR
First Reading
Second Reading
44
ORD. NO. 25 -12
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Victor Majtenyi; Deputy Director of Public Utilities
Richard C. Hasko, P.E.; Director of Environmental Services
THROUGH: David Harden; City Manager
DATE: July 26, 2012
SUBJECT: AGENDA ITEM 12.C. -REGULAR COMMISSION MEETING OF AUGUST 7, 2012
ORDINANCE NO. 25-12
Pagel of 3
ITEM BEFORE COMMISSION
Consider amendments to Chapter 53 "Sanitary Sewers" of the Code of Ordinances which are required
for meeting compliance with the state's streamlining rule, as well as other revisions to the ordinance to
satisfy FDEP's comments following their review of our entire current ordinance. In addition, the
ordinance now includes a detailed Enforcement Response Plan.
BACKGROUND
Over the past year, Florida Department of Environmental Protection has been reviewing the
SCRWTDB's pretreatment documents. Part of the process involved the City working closely with the
SCRWTDB's consultant in revising the appropriate sections of the City's sewer use ordinance. FDEP
completed their initial review and sent a letter on October 13, 2011, outlining areas requiring addressing
within the sewer use ordinance. The documents were revised to reflect the requested modifications and
submitted to FDEP in late April 2012. FDEP has determined that the amendments meet the
requirements of Chapter 62 -625 of the Florida Administrative Code and thus approved the final
submittals on May 31, 2012. The revised documents include the City's Code of Ordinances, Chapter 53,
"Sanitary Sewers" and a detailed Enforcement Response Plan as referenced under the sanitary sewer
section of the ordinance (53.999, Penalties). These amendments must now be approved by the City and
incorporated into the City's Sewer Use Ordinance.
Amendments were made to the following sections of the Ordinance:
. 53.004, "Abbreviations; definitions "; adding definitions, clarifying terms.
• 53.051, "Prohibited Discharges to Sewers ", providing discharge limits set at the plant and adding
a provision for using Best Management Practices for enforcement response.
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Page 2 of 3
. 53.052, "National Categorical Pretreatment Standards "; includes authority for the City to
calculate equivalent limits for production based standards in addition to mass concentration
terms.
. 53.054, "Interceptors "; adding a requirement that grease /oil interceptors meet the standards of the
current Plumbing Code.
. 53.056, "Admission of Industrial and Commercial Waste "; removing the Total Toxic Organic
content local limit.
. 53.064, "Prevention of Accidental and Slug Discharges"; provides for the City to evaluate
industrial users for potential slug discharges.
. 53.067, "Notice of the Discharge of Hazardous Waste "; adding that notifications shall include the
state pretreatment authorities and for identification of the hazardous constituents contained in the
waste.
. 53.068, "Notice of Violation/Repeat Sampling and Reporting "; establishing responsibility for
repeat sampling and compliance reporting schedules.
. 53.080, "Compliance Reporting Requirements'; setting standards for the baseline report.
. 53.081, "Other Reporting Requirements "; requiring that reporting comply with FAC 62- 625.600
and addressing annual certification requirements.
. 53.082, "Inspection and Sampling "; adding the requirement for monitoring equipment if
necessary.
. 53.084, "Analytical Requirements "; adding authority to the City in identifying the appropriate
sampling and analytical techniques for pollutants in question.
. 53.085, "Sample Collection "; adding authority to the City in identifying the number, frequency,
and location for collecting samples regarding unauthorized discharges.
. 53.100, "Permit Requirements"; changing the notification for intended discharges from 60 days to
90 days.
. 53.101, "Permit Application'; adding that information required under FAC 62- 625.600(1) and
(11) must be part of the permit application.
. 53.102, "Permit Administration "; amending the Wastewater Discharge Permits Contents to
include a process for seeking a waiver for a pollutant, and adding a sub - section outlining
justifications for a Wastewater Discharge Permit Revocation.
. 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge "; deleting the
table under Calculation of Sewer Surcharge, adding reference to local limits to include the City
(in addition to SCRWTDB), and amending calculation factors.
. 53.132, "Industrial Cost Recovery System"; imposing upon all users of each industrially and
commercially classified property served by the sewer system an annual cost recovery assessment.
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Page 3 of 3
. 53.142, "Publication of Users in Significant Noncompliance"; amending public notification to
include local newspaper and the cost recovery for such notification.
. 53.154, "Retention of Records Required "; adding a requirement for users to make records
available for inspection and copying by the City and FDEP and that sampling /analytical tests be
subject to the recording keeping requirements of FAC 62 -160.
. 53.999, "Penalties "; amending the penalty for violation from a maximum $1,000 /day for each
offense to at least $1,000/ day, and adding reference to the City's Enforcement Response Plan.
REVIEW BY OTHERS
South Central Regional Wastewater Treatment Plant staff and FDEP have reviewed and approved the
amendments to the City's Sewer Use Ordinance.
FUNDING SOURCE
RECOMMENDATION
Staff recommends approval on first reading of Ordinance No. 25 -12 amending the City's Sewer Use Ordinance,
Chapter 53 "Sanitary Sewers" and the city's Enforcement Response Plan, satisfying the requirements of Chapter
62 -625 of the Florida Administrative Code.
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��Q����y���4R01 ECiION
F
October 13, 2011
Florida Department of
Environmental Protcction
Bob Martinez Center
2600 Blair Stone Road
Tallahassee. Florida 32399 -2400
Mr. Dennis Coates
Executive Dire_ ctor
South Central Regional Wastewater Treatment and Disposal Board
1801 N Congress Avenue.
Delray Beach, Florida 33445
RiA Scott
9LG�v Governor
�GR jenn -Ife, Carroll
Lt. Governor
Herschel T. Vinyard Jr.
Secrelarg
Re: South Central Wastewater Treatment Plant
Multijurisdictional Agreement, Sewer Use Ordinances, and Enforcement Response
Plans
Permit Number FL0035980
Dear Mr. Coates:
The Department of Envirorunental Protection (Department) has reviewed the South Central
Regional Wastewater Treatment and Disposal Board (SCRWTDB)'s pretreatment program
documents, received August 8. The draft revision to SCRWTDB's multijurisdictional.
agreement and Boynton Beach's and Delray Beach's sewer use ordinances and enforcement
response plans generally fulfill the requirements of Chapter 62 -625, Florida Administrative
Code. However, there are several issues, outlined in Attachment A, which must be addressed
before the program documents can be preliminarily approved.
Please submit the revised program documents to the Department by Fel?ruary 3, 2012. If you
have questions regarding this correspondence, or need assistance, please contact Jolu-i E.
PaIeichar at the Ietterhead address or at (850) 245- 8605.
Sincerel
Tom R. Shiflett,. P.E.
Pretreatment Coordinator
TRS /jep
Attaclunent
cc: John A. Armstrong, P.E., DEP Southeast District Office. (by email.)
David Williams, SCRWTDB.
rte tilt dep.scalr.fl. 115
Program Documents Review
Attachment A
Permit Number: FL0035980,
Control Authority (CA): South. Central Regional Wastewater
Treatment and Disposal Board (SCRWTDB)
Review Date: October 11, 2011
Reviewed by: Jolvh E. Palenchar
1. Multijurisdictional Agreement
Section 10.13 (7) of the Multijurisdictional Agreement (MJA), between SCRWTDB and the cities of
Delray Beach and Boynton. Beach. (Cities), appears to contain local limits for total toxic organics
(TTO) that are not technically based. The Department recommends removing the TTO local limits
as part of this program modification. If an industy is suspected of discharging TTOs, the specific
organic parameters should be identified and a tecluucally based local limit developed.
Additionally, the particle size and radioactive elements limits in Section 10.13 0 are covered
elsewhere hi Section 10,13 and do not need to be included in the list of local limits.
Please rioter in accordance with sub_ subparagraph 62- 625.500(2)(a)5.a., Florida Administrative
Code (F.A.C.), all control authorities shall have authority to seek or assess civil or criminal
penalties in at least the amount of $1,000 a day for each violation by industrial users of
pretreatment standards and requirements. Please revise the MJA to require a miihiinum civil and
criminal penalty of $1,000 per day, per violation.
2. Enforcement Response Plans (Delray Beach and. Boynton Beach)
The Enforcement Response Plans (ERPs) do not clearly differentiate between optional enforcement
actions for unpermitted industrial users and required enforcement actions for permitted significant
industrial users (SIUs). Please revise the ERPs to include procedures that describeliow the Cities
will investigate and track instances of noncompliance (e.g., industrial user self - monitoring reports
will be reviewed within 7 days of receipt and violations will be. tracked using a spreadsheet it an
enforcement tacking file) and ensure that escalating enforcement options are clearly required for
all SIUs.
Additional guidance on the development of an ERP is available in Chapter 9 of the State of Florida
Guidance Manual for Pteti-eatnient Frogrnrtis, (fitly, 2001) and EPA's Giiidattce for• Developing Control
Authority Enforcement Response Plaiis (Septetailier 1989).
3. Sewer Use Ordinances
The following is a summary of the review of Cities` draft sewer use ordinances (SUOs),. The
comments identify areas where revisions are required to meet applicable pretreatment program
requirements or suggested for program .improvement. The review is based on the May 10, 2010
revisions to Chapter 62 -625, F.A.C. Where appropriate, references are; made to the 2007 Model
Pieheahimit Ordivatice (Model. Ordinance). Please use the referenced section of the Model
Ordinance for further guidance. A copy of the Model Ordinance can be found online at
http: / /www.epa.,gov /npdes /pubs / preteatnent model suo.pdf.
Delray Beach
Model SUO
Delray SUO
Reference
Reference
Comment
Not all internal references are correct. For example, Section 53.136
General
Throughout
appears to Rave been removed but a reference to Section 53:136 is
still in the definition of significant noncompliance. Please ensure
that all references are correct.
The definition of COD is not correct. It is a measure of the
1.4 I
§ 53.004(B)
oxidation of organic and 'inorganic matter. The Department
suggests revising the definition to be consistent with the language
found in the Model Ordinance.
The EPA has revised the definition of "existing source ". The
1.4 K2nd
§ 51004(B)
Department recommends using the definition found in the Model
Ordinance,
1.4
The Department recommends the definitions of "indirect
Annd d
53.004(B)
discharge" and "interference" be revised to reference Chapter 403,
1.40
Florida Statutes (F.S.), as found in subsections 62- 625.200(6) and (9),
F.A.C., respectively.
1.4 P
§ 53.004(B)
The Department recommends :including the definition of "local
limit", as found in the Model Ordinance.
1,4 X
53.004(B)
The Department recommends including the definition of "pH ", as
found in the Model Ordinance.
None
§ 53.004(B)
The Department suggests removing "TTO" from the definitions and
throughout the SUO.
The Department recommends including the authority to calculate
equivalent limits for production -based standards, in. addition to
2.2 B, H,
53.052(A)
standards expressed only in terms of mass or concentration. This
and I
section may reference subsection 62- 625.410(4), F.A.C., for specific
requirements for production -based standards, or include them
directly as shown in the: Model Ordinance.
The language for admission of indusraial and commercial waste is
not correct. Discharges that exceed the local limits cannot be
None
§ 53.056 (B)
approved. Additionally, the Department has recommended the
removal of the TTO local limit. Please refer to Section 11 of the 1VIJA
_
and. revise the SUO accordingly.
The Department recommends that applications be due 90 days
4.4
§ 53.100(D)
prior to discharge to correspond with the 90- day time frame for
baseline monitoring reports BMRs .
The industrial user application contents are not complete. In
addition, the application contents refer to the BMR contents in
4.5 A
§ 53.101(A)
Section 53.080, which then refers to 62- 625.600(1), F.A.C. The
Department recommends including all applicable application
contents, including monitoring waiver requests, found m the Model
Ordinance.
Model SUO
Delray SUO
Reference
Reference
Comment
Any grant of a monitoring waiver must be 'included in the
5.2 A,(8)
§ 53.102(B)(1)
discharge permit. Please refer to the Model Ordinance and revise
the SUO as appropriate.
A section addressing permit revocation could not be found. The
Department recommends that permit revocation provisions be
5.6
§ 53.102
included. Please refer to the Model Ordinance and revise. the SUO
as appropriate.
6.1 B
§ 53.080(A)
The BMR requirements are only included in the SUO by reference
to 62- 625.600(1), F,A,C. The Department recommends including
and
and
language found in subsection 62- 625.600(1),. F.A.C., and Sections 4.5'
4.5 A
§ 53.101(A)
A and 6.1 B of the Model Ordinance see comment 4.5 A above).
All BMR& must be signed and certified in accordance with Section
6.1 B(5)
§ 53.080(B)
53.101(B). This requirement could not be found. Please refer to. the
Model Ordinance and revise the SUO as appropriate.
The requnemeiits for a 90 -day compliance report. Section 53.080(C),
are not complete. The Department recommends including Elie
6.3
53.080(C)
language found in subsection 62- 625.600(3), F.A.C., and Section 6.3
of the Model Ordnance. Please revise the SUO as appropriate.
Please include the requirement that all sampling must comply with
"The Department of Environmental Protection Standard Operating
6.11
§ 53.085
Procedures for Field Activities (DEP -SOP- 001/01) ". Please refer to
paragraphs 62- 625.600(6) (c) and (d), F.A.C, and revise the SUO
accordingly.
There is a .typo in the report citification statement. Please refer to
6.14 A
§ 53.101(B)
the Model Ordnance and correct the SUO as appropriate.
A section addressing the monitoring waiver certification statement
could not be found. This certification must be submitted with each
6.14 C
None.
periodic compliance report. Please refer to the Model Ordinance
and revise the SUO as appropriate.
The Department recommends the SUO include the right to require
7.1 C
installation of monitoring equipment, the removal of any
to
§ 53.0.82(A)
obstructions, and a statement that unreasonable delays shall
7.1 E
constitute a violation. Please refer to the Model Ordinance and
revise the SUO accordingly.
The minimum civil and criminal penalties are not correct. In
accordance with 40 CFR 403.8 (f)(vi)(A) and 62- 625.500(2)(a)5.a,
11.2
F.A.C. all control authorities shall have authority to seek or assess
and
and
� 53.999
civil or criminal penalties in at least the amount of $1,000 a day for
11.3
each violation by industrial users of pretreatment standards and
requirements. Please revise the SUO accordingly.
The remedies nonexclusive section was not found in the draft SUO.
The Department strongly recommends including this section u1 the
11.4
None
next draft submission. Please refer to section 11.4 of the Model
Ordinance and revise the SUO accordin 1 .
Boynton Beach
Model SUO
Boynton SUO
Reference
Reference
Comment
The definition of COD is not correct. It is a measure of the
oxidation of organic and 'inorganic matter. The Department
1.41
§ 26 -115
suggests revising the definition to, be consistent with, the language
found in the Model Ordinance.
The EPA has revised the definition of "existuig source ". The
1.4 K2nd
§ 26 -115
Department recommends using the definition found in the Model
Ordinance.
1.4 IV12nd
The Department recommends the. definitions of "indirect
And.
§ 26 -115
discharge" and "interference" be revised to reference Chapter 403,
1.40
Florida Statutes (F.S.), as found u1 subsections 62- 625.200(6) and
(9), F.A.C., respectively.
1.4 P
§ 26 -115
The Department recommends including the definition of "local
limit ", as found inn the Model Ordinance.
The Department suggests referencing subsection 62- 625.410(5),
1.4 ZZ
26 -115
F:A.C., as found in the definition of "pretreatment" (subsection 62-
625.200 1 , F.A.C.).
None
§ 26 -115
The Department suggests removing "TTO (total toxic organics)"
from the definitions and throughout the SUO.
The general prohibitions are not complete. The prohibitions must
2.1
§ 26 -142
include pass through and interference u1 accordance with
paragraph 62- 625.400 1 a , F.A.C.
§ 26- 142(bb)
The Department recommends the removal of the TTO because the
2.1 B(9)
and
limits are not techunically based. Should the City of Boynton Beach
§ 26-
choose to maintain the specific prohibition on TTO please correct
147 b 1 d
the reference to 40 CFR in Section .26-147 b 1 d.
The Department recommends including tine authority to. calculate
equivalent limits for production -based standards, h-i addition to
2.2 B, H, and
§ 26- 148(b)
standards expressed only u1 terms of mass or concentration. This.
1
section may reference subsection 62- 625.410(4), F.A.C., for specific
requirements for production -based standards, or include them
directly as shown ui the Model Ordinance.
The Department recommends that application be due 90 days
4.4
§ 26- 160(d)
prior to discharge to correspond with the 90 -day time frame for
baseline monitoring reports BMRs .
The industrial user application contents are not complete. In
addition, the application contents refers to the BMR contents in
4.5 A
§ 26 -161 (a)
Section 26 -156, which then refers to 62- 625.600(1), F.A.C. The
Department recommends including all applicable application
contents, including monitoring waiver requests, found uz the
Model Ordinance.
Model SUO
Boynton SUO
Reference
Reference
Comment
The Department recommends the report certification statement be
included in the SUO only once and referenced elsewhere in the
§ 26- 161(e),
SUO as appropriate. However, if the statement is in multiple
4.7
§ 26- 159(a),
locations please ensure the language is correct. In addition, please
d
and
and
include the statement requiring the authorized representative of
A
§ 26- 157(f)
the user be updated if a new individual is responsible, Refer to the
Model Ordinance, and subparagraph 62- 625.410(2)(5)2 and
subsection62- 625.600 11, F.A.C., and revise. the SUO accordingly.
Any grant of a monitoring waiver must be included in the
5.2 A.(8)
§ 26- 160(f)
discharge permit. Please refer to the Model Ordinance and revise
the SUO as appropriate.
A section addressing permit revocation could not be:.found. The
Department recommends that permit revocation provisions be
5.6
§ 26 -160
included. Please refer to the Model Ordinance and revise the SUO
as appropriate.
The BMR requirements are only included in the SUO by reference
6.1 B
to 62- 625.600(1), F.A.C. The Department recommends including
and
§ 26- 156(a)
language found in subsection 62- 625.600(1), F.A.C., and Sections
4.5 A
45A and 6.1 B of the Model Ordinance (see comment 4.5 A
above).
All BMRs must be signed and certified in accordance with Section
6.1 B(5)
§ 26 -156
53.101(B). This requirement could not be found, Please refer to
the Model Ordinance and revise the SUO as appropriate.
The requirements for a 90 -day compliance report, Section.
53.080(0), are not complete. The Department recommends
6.3
§ 26- 156(c)
including the language found in subsection 62- 625.600(3), F.A.C.,
and Section 6.3 of the Model Ordinance. Please revise the SUO as
appropriate.
The section regarding hazardous waste discharge. notification is
not complete. Ain additional notification to the Florida
6.9
§ 26 -155.
Department of Environmental Protection pretreatment
authorities is required by subsection 62- 625.600(15), F.A.C.
Please revise this section accordingly.
Please include the requirement that all sampling must comply
with "The Department of Environmental Protection Standard
6.11
§ 26- 158(c)
Operating Procedures for Field Activities (DEP -SOP- 001/01)":
Please refer to paragrapIis 62- 625.600(6) (c) and (d), F.A.C., and
revise the SUO accordingly. Also, please correct the internal
reference in this section.
6.14 B
§ 26- 157(h)
There appear to be a typo in the reference to the definition of
"NSCIU"
please correct.
Model SUO
Boynton SUO
Reference
Reference
Comment
A section addressing the monitoring waiver certification statement
6:14 C,
926-157 (a)
could not be found. The certification statement and requirement
for submittal on each report must be included. Please refer to the
Model Ordinance: and revise the SUO as appropriate.
7.1 C
The Department recommends the SUO include the right to require
to
§ 26- 158(a)
installation of monitoring equipment and remove any
7:1 E
obstructions. Please refer to the Model Ordinance and revise the
SUO accordingly.
The minimum civil and criminal penalties are not correct. Iii
11.2
accordance with 40 CFR 403.8 (f)(vi)(A) and 62- 625.500(2)(a)5.a,
and
§ 26 -177
F.A.C. all control authorities shall have authority to seek or assess
113
civil or criminal penalties u1 at least the amount of $1,000 a day for
each violation by uidustrial users of pretreatment standards and
re uirements. Please revise the SUO accordingly.
The section regarding affirmative defenses to prohibited
13:2
§ 26- 176(4)
discharges violation is not complete, Please refer to the Model
Ordinance and paragraph 62- 625.400(1)(b), F.A.C. and revise the
SUO accordingly.
May 31, 2012
Florida Department of
Environmental Protection
Bob Martinez Center
2600 Blair Stone Road
Tallahassee, Florida 32399 -2400
Mr. David Williams
Pretreatment Coordinator
South Central Regional Wastewater Treatment and Disposal Board
1801 N Congress Avenue
Delray Beach, Florida 33445
Re: South Central Wastewater Treatment Plant
Multijurisdictional Agreement and Sewer Use Ordinances
Permit Number FL0035980
Dear Mr. Williams:
Rick Scott
Governor
Jennifer Carroll
Lt. Governor
Herschel T. Vinyard Jr.
Secretary
The Department of Environmental Protection (Department) has reviewed the draft sewer use ordinances
(SUOs) for the Cities of Delray Beach and Boynton Beach, and the South Central Regional Wastewater
Treatment and Disposal Board`s draft multijurisdictional agreement (MJA) with the Cities of Delray
Beach and Boynton Beach, received May 7. Based on the Department's review, the SUOs and MJA were
determined to satisfy the requirements of Chapter 62 -625, Florida Administrative Code (F.A.C.).
Therefore, the SUOs and MJA are prelim- dnarily approved.
The SUOs should be scheduled for formal adoption by the respective City Commissions as soon as
possible. Following final adoption of the ordinances, the MJA and SUOs must be submitted to the
Department as a substantial program modification in accordance with Rule 62- 625.540, F.A.C. The
Department will then initiate a formal review of the program modification in accordance with Rule 62-
625.510, F.A.C. The SUOs shall become effective upon final Department approval of the program
modification.
If you have questions regarding this correspondence, or any need assistance, please contact john E.
Palenchar at the letterhead address, or at (850) 245 -8605.
Sincerely,
--/--"/e 14ZI1
Torn R. Shiflett, P.E.
Pretreatment Coordinator
TRS /jep
cc: John A. Armstrong, P.E., DEP Southeast District Office (by email)'
Bonne McLeod, P.E. and Rene Mathews P.E., Mathews Consulting, Inc.
Dennis Coates, SCRWWTBD
Victor Majtenyi, City of Delray Beach
Bevis Pigott, City of Boynton Beach
itniv.dep.state.ff. us