88-86 ORDINANCE NO. 88-86
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 29 , "WATER AND
SEWERS," OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE III, "SEWERS
AND SEWAGE DISPOSAL," BY REPEALING DIVISION 3, "INDUS-
TRIAL AND COMMERCIAL WASTE," AND ENACTING A NEW
DIVISION 3, "INDUSTRIAL AND COMMERCIAL WASTE," TO PRO-
VIDE FOR: PURPOSE; SCOPE; GENERAL PROVISIONS; DEFINI-
TIONS; COMPLIANCE; DISPOSAL OTHER THAN THROUGH REGIONAL
FACILITIES; PERMIT REQUIRED FOR BUILDING SEWERS AND
CONNECTIONS; ESTABLISHING CRITERIA FOR WASTES DIS-
CHARGED TO PUBLIC SEWERS; ESTABLISHING CRITERIA FOR THE
ADMISSION OF INDUSTRIAL AND COMMERCIAL WASTE; REQUIRING
PERMITS AND SETTING TERMS FOR INDUSTRIAL AND COMMERCIAL
WASTE DISCHARGE; DISCHARGE PERMIT APPLICATIONS; RIGHT
TO REFUSE SERVICE; COMPLIANCE WITH NATIONAL CATEGORICAL
PRETREATMENT STANDARDS; PROTECTION FROM DAMAGE; POWER
AND AUTHORITY OF INSPECTORS; APPLICABILITY TO ALL
USERS, INCLUDING OTHER LOCAL GOVERNMENTS; ENFORCEMENT;
REPORTING, INSPECTION, AND MONITORING REQUIREMENTS;
PRETREATMENT REQUIREMENTS; INFORMATION AVAILABILITY;
ADOPTION OF SIMILAR STANDARDS REQUIRED OF OTHER LOCAL
GOVERNMENT USERS; REQUIRING USE OF PUBLIC SEWERS; REGU-
LATING PRIVATE SEWAGE DISPOSAL; REGULATING BUILDING AND
SEWER CONNECTIONS; PROVIDING FOR USER CHARGE AND INDUS-
TRIAL COST RECOVERY SYSTEM; PROVIDING FOR APPLICATION
OF THIS DIVISION; PROVIDING A GENERAL REPEALER; PRO-
VIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, by the terms of that certain Interlocal Agree-
ment dated December 26, 1974, between the Cities of Boynton
Beach and Delray Beach (CITIES), the South Central Regional
Wastewater Treatment and Disposal Board (BOARD) was created and
the CITIES became the sole, direct customers of the BOARD; and
WHEREAS, it is a requirement of the BOARD to comply
with all applicable State and Federal laws required by the Clean
Water Act of 1'977 and the General Pretreatment Regulations 40
CFR, Part 403; and
WHEREAS, by the terms of the above referred to Inter-
local Agreement, the CITIES, as the sole customers of the BOARD,
then sell wastewater treatment and disposal services directly to
users as well as industrial users; and
WHEREAS, the CITIES and the BOARD have entered or shall
be entering into that certain Industrial Waste and Pretreatment
Agreement dated 11/25 , 1986 (Agreement); and
WHEREAS, in order to comply with the provisions of the
above referred to Clean Water Act as well as State and Federal
law, said Agreement sets forth the terms and conditions upon
which the CITIES may discharge wastewater effluent to the POTW's
reg.ional treatment facilities and, further, that pursuant to the
terms of said Agreement, the CITIES, as a condition to the
discharge permit being granted thereby, agreed to adopt an indus-
trial waste and pretreatment ordinance with terms, conditions and
provisions no less stringent than the terms set forth in said
Agreement for the regulation of the issuance and compliance with
discharge permits issued by the CITIES to the CITIES' users and
industrial users.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 29, "Water and Sewers," Article III,
"Sewers and Sewage Disposal," Division 3, "Industrial and Commer-
cial Waste," of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby repealed, and a new
Division 3, "Industrial and Commercial Waste," is hereby enacted
to read as follows:
Division 3. Industrial and Commercial Waste.
Section 29-79. Purpose.
The purpose of this Division is to regulate industrlal waste
pretreatment facilities and discharge of industrial waste into
the publicly operated treatment works operated by the BOARD and
providing for pollutant limltations, data collection, monitoring
and sampllng, and providing for penalties for the violation there-
of for the followlng purposes:
a) To prevent the introduction of pollutants into the
City's wastewater system which will interfere with the
normal operation of the system or contaminate the result-
ing municipal sludge;
b) To prevent the introduction of pollutants into the
City's wastewater system which do not receive adequate
treatment by the BOARD, and which will pass through the
system into receiving waters or the atmosphere or other-
wise be incompatible with the system;
c) To improve the opportunity to recycle and reclaim waste-
water and sludge from the system.
Section 29-80. Scope.
The BOARD is responsible for the proper treatment and dis-
posal of all waste that is proper to process through the regional
treatment facilities, beginning at the point source.
Section 29-81. General provisions.
The policy is hereby establlshed that the provisions of this
Division will be enforced to the fullest extent possible. Under
the provisions of Federal Pretreatment Regulations 40 CFR Part
403 and Florida Administrative Code Rules, 17-3, 17-4, and 17-6
issued by the Florlda Department of Environmental Regulation.
The standards set forth are minimum requirements to insure the
general health and welfare of the public.
Section 29-81. Definitions.
As used in this Division, the following terms shall have the
following meanings:
Act or "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..
Authorised Representative of Industrial Us~r means an
authorized representative of an industrial user which may be
ORDINANCE NO. 88-86
(a)a principal executive officer of at least the level of vice-
president, if the industrlal user is a corporation, (b)a general
partner or proprietor if the industrial user is a partnership or
proprietorship, respectlvely or (c)a duly authorized representa-
tive of the individual designated above if such representative is
responsible for the overall operation of the facilities from
which the indirect discharge originates.
BOARD means the South Central Regional Wastewater Treat-
ment and Disposal Board, including, in the appropriate case, the
regional treatment facilities and all its other attendant
facilities.
BOARD (POTW). The Board of Directors of the South
Central Re$ional Wastewater Treatment and Disposal Board.
BOD (denoting Biochemical Oxygen Demand) means the quan-
tity of oxygen utilized in the biochemical oxidation of organic
matter under standard laboratory procedure in five (5) days at
20°C. expressed in milligrams per liter.
Building Sewer means sewer conveying wastewater from the
premises of a User to the collection system which transmits such
wastewater to the BOARD.
Categorical Standards means National Categorical Pretreat-
ment Standards or Pretreatment Standard.
City means the City of Delray Beach; all that land and
water area included within the boundaries of the city'in which
the City Council proposes to acquire, establish, construct,
extend, operate and maintain sanitary sewerage facilities, except
as follows:
a) Ail state- and federally-owned land and water area
located in the city or county, except where the state and
federal government consent to the provisions of this divi-
sion.
b) All land and water area duly franchised by the city or
county to privately-owned sewer utility companies for the
provisions of sewer service, except where the privately-
owned sewer utility companies consent to the provisions
of this division.
Collection system means the system of public sewers to be
operated by a city and connected to the BOARD facilities.
Compatible Pollutant is a substance amendable to treat-
ment 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 pub-
licly owned treatment works was designed to treat such pollutants
and in fact does remove such pollutant to a substantial degree.
Composite Sample. A series of samples taken over a speci-
fic 2~-hour time period at intervals not to exceed 15 minutes in
the waste stream, which are combined into one sample.
ORDINANCE NO. 88-86
Cooling Nater, The water discharged from any use such as
air conditioning, cooling or refrigeration, or to which the only
pollutant added is heat.
Direct Discharge. The discharge of treated or untreated
wastewater directly to the waters of the State of Florida.
Domestic wastewater means wastewater derived principally
from dwellings, commercial buildings, institutions and industry
resulting from household or toilet waste resulting from human
occupancy. It may or may not contain ground water, surface wager
or storm wager.
Environmental Protection Agency, or EPA. The U.S. Envi-
ronmental Protection Agency, or where appropriate the term may
also be used as a designation for the Administrator or other duly
authorized official of said agency.
Executive director means the administrative director or
his authorized deputy, agent or representative of the South Cen-
tral Regional Wastewater Treatment and Disposal Board. The Execu-
tive director is the authorized administration aughority of the
South Central Regional Wastewater Treatment and Disposal Board of
Palm Beach County, Florida (BOARD).
Garbage means the animal and vegetable waste resulting
from the handling, preparation, cooking and serving of foods.
Grab Sample. A sample which is taken from a waste stream
on a one-time basis with no regard to the flow in the waste
stream and without consideration of time.
Holding tank waste. Any waste from holding tanks such as
vessels, chemical toilets, campers, trailers, septic tanks, and
vacuum-pump tank trucks.
Indirect Discharge. The discharge or the introduction of
nondomestic pollutants from any source.regulated under section
307(b) or (c) of the Act, (33 U.S.C. 1317), into the POTW (inclu-
ding holding tank waste discharged into the system).
Industrial or commercial waste means the liquid
wastes from industrial, commercial or institutional processes as
distinct from domestic or sanitary sewage.
Industrial and commercial waste discharge permit
means 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 charac-
ter[st[cs and volume of the flow and acceptance or rejection of
individual waste components.
Industrial User. A source of Indirect Discharge and
discharge of industrial and 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).
Interference means the inhibition or disruption of the
BOARD treatment processes or operations which contributes to a
v£olatlon of any requirement of the NPDES Permit or reduces the
ORDINANCE NO. 88-86
efficiency of the BOARD. The term also includes prevention of
sewage sludge use or disposal by the BOARD.
mt/1 is the abbreviation of milligrams per liter or the
number of units of minor constituents present with each one
million units of the major constituent of a solutlon or mixture.
mt/1 shall be considered equivalent to parts per mi11ion.
National Categorical Pretreatment Standard means any
federal regulation containing pollutant discharge limits promulga-
ted by the EPA which applies to a specific category of industrial
users.
National Pollutant Discharge Elimination System or NPDES
Permit. A permit issued pursuant to section 402 of the Act (33
U.S.C. 1342).
National Prohibitive Discharge Standard or Prohibitive Dis-
charge Standard means any regulation developed under the
authority of 307(b) of the Act and 40 CFR, Section 403.5.
New Source. Any source, the construction of which is
commenced after the adoption of this Ordinance.
Person means any individual, firm, company, association,
society, corporation or group.
pH means logarithm of the reciprocal of the weight of
hydrogen ions in grams per liter of solution.
Pollutant. Any dredged spoil, solid waste, incinerator
residue, sewage, garbage, sewage sludge, munitions, chemical
wastes, biological materials, radioactive materials, heat,
wrecked or discharged equipment, rock, sand, cellar dirt and
industrial, municipal, and agricultural waste discharged into
water.
Pollution. The man-made or man-induced alteration of the
chemical, physical, biological, and rad£ological integrity of
water.
Pretreatment means the reduction of the amount of pollu-
tants, the elimination of pollutants, or the alteration of the
nature of pollutants, or the alteration of the nature of pollu-
tant properties in wastewater =o a less harmful state prior to or
in lieu of discharging or otherwise introducing such pollutants
into a POTW. The reduction or alteration can be obtained by
physical, chemical or biological processes, or process changes
other means, except as prohibited by 40 CFR iection 403.6(d).
Pretreatmeat Requirements. Any substantive or procedural
requirement for treating of a waste prior to inclusion in the
POTW.
Pretreatment Standards. National Categorical Pretreat-
ment Standards or Alternative Discharge Limits, whichever is
appllcable.
Publicly Owned Treatment Works (POTW) means in this case,
the Regional Treatment Plant operated by the South Central
Regional Wastewater Treatment and Disposal Board and the collec-
ORDINANCE NO. 88-86
.l
tion sewer system ovned and operated separately by the City ~f
Boyntou Beach and/or the City of Delray Beach (BOARD).
Properly shredded garbage means the vastes from the pre-
paration, cooklug and dispensing of food that have been shredded
to such a degree that all particles will be carried freely under
the flor conditlous normally prevailing in public severs, vith no
particle greater than one-half (~) inch (1.27 centimeters) in any
dimension.
Public sever means a sewer in which all owners of abut-
ting properties have equal rights, and which is controlled by
public authority.
Regional treatment facilities means the South Central
Regional Wastewater Treatment Plant transmission and disposal
facilities as operated by the South Central Regional Wastewater
Treatment and Disposal Board of Palm Beach County, Florida.
Sanitary aevege means the household and toilet wastes
resulting from human occupancy.
Sanitary sewer means a sewer which carries sewage and to
which storm, surface and ground waters are not intentionally
admitted.
Significant Industrial User means any Industrial. User of
the BOARD Treatment Plant who (a)has a discharge flow of 25,000
gallons or more per average work day; or (b)has a flow greater
than 5~ of the flow in the City's collection system; or (c)has
toxic pollutants in excess of limits defined pursuant to Section
30? of the Act, Florida Statues; or (d)is found by either City,
State of Florida or U.S. Environmental Protection Agency (EPA) to
have significant impact, either singly or in combination with
other contributing industries, on the wastewater treatment
system, the quality of sludge, the system's effluent quality, or
air emissions generated by the system.
Sewage means a combination of the water-carried wastes
from resldeuces, business buildings, institutions and industrial
establishments, together wi~h such ground, surface and storm
waters as may be present.
Sevege vorke means all facilities for collecting, pump-
ing, treating and disposing of wastewater.
Sever means a pipe or conduit for carrying sewage.
Shall is mandatory; may is permissive.
Slug means any discharge of water, sewage or industrial
waste which in concentration of any given constituent or in quan-
tlty of flow exceeds for any period of duration longer than
fifteen (15) minutes more than five (5) times the average twenty-
four (24) hour concentration of flows during normal operation.
Standard Ingus~rial Classification (SIC) means classifica-
tlou pursuant to the Standard Industrial Classification Hanual
issued by the Executive Office of the President, Office of Hanage-
ment and Budget, 1972, and as amended.
ORDINANCE NO. 88-86
State. State of Florida.
Storm drain (sometimes termed "storm sewer") means a
sewer which carries storm and surface waters and drainage, but
excludes sewage and industrial wastes other than unpolluted cool-
ing water.
Storm sewer means a sewer that carries storm water and
surface water, street wash, and other wash waters or drainage,
but excludes domestic wastewater and industrial and commercial
waste.
Storm Water. Any flow occurring during or following any
form of natural precipitation and resultlng therefrom.
Superintendent. The person designated by the BOARD to
supervise the operation of the publicly owned treatment works and
who is charged with certain duties and responsibilities by this
article, or his duly authorized representative.
Surcharge shall mean an extra charge levled to a user for
treatment of compatible wastewaters that contain substances in
excess of specified maximum allowable limits.
Suspended solids means solids that are in suspension in
water, sewage, or other liquids and which are removable by
laboratory filtering.
Toxic Pollutant. Any pollutant or combination of pollu-
tants llsted as toxic in regulations promulgated by the 'Adminis-
trator of the Envlronmental Protection Agency under the provision
of CWA 307(a) or other Acts.
Treatment Plant, That portion of regional treatment
facilities designed to provide treatment to wastewater and is
operated by the South Central Regional Wastewater Treatment and
Disposal Board.
User. Any person who contributes, causes or permits the
contribution of wastewater into the BOARD.
Utilities Director or Director means the indivldual who
is in charge of the Public Utilitles Department in the City, or
his specific designee.
Wastewater. The liquid and water-carried industrial or
domestic wastes from dwellings, commercial buildings, industrial
facilities, and institutions, whether treated or untreated, which
is contributed into or permitted to enter the BOARD.
Wastewater treatment plant means any arrangement of
devices and structures used for treating wastewater.
Watercourse means a channel in which a flow of water
occurs, either continuously or intermittently.
Waters of the State. All streams, lakes, ponds, marshes,
watercourses, waterways, wells, springs, reservoirs, aquifers,
irrigation systems, drainage systems and all other bodies or
accumulations of water, surface or underground, natural or artlfl-
ORDINANCE NO. 88-86
cial, public or private, which are contained within, flow
through, or border upon the State or any portion thereof.
Section 29-83. Compliance with Ordinance or more strlnsent
regulations.
The use of public sanitary sewers and the BOARD shall be as
outlined in this Division or through such other regulations as
may be promulgated by the City or the BOARD under the authority
of this Division.
Section 29-84. Disposal other than throush regional facili-
ties.
(a) The disposal of sewage by means other than use of the
available regional wastewater facilities shall be in accordance
with city, county, state and federal law.
(b) The disposal of sewage to the BOARD shall be as outlined
in this Division and shall be subject to standards which meet or
exceed the City of Delray Beach industrial and commercial waste
ordinance requirements as they shall exist from time to time.
Section 29-85. Permit required for building sewers and con-
nections.
No unauthorized person shall be permitted to uncover, make
any con~ections with or opening into, use, alter or disturb any
public sewer or appurtenance thereof without first obtaining a
written permit or permission from the proper official empowered
to do so by the city.
Section 29-86. Criteria for wastes discharsed to public
sewers,
All waste discharged to public sanitary sewers which in turn
discharge to the regional treatment facilities (BOARD) shall meet
or exceed the following criteria:
(A) No person shall discharge or cause to be discharged a~y
storm water, surface water, ground water, roof runoff,
subsurface drainage, uncontaminated cooling water, or
unpolluted industrial process waters to any sanitary
sewer.
(B) Storm water and all other unpolluted drainage shall be
discharged to such sewers as are specifically designated
as storm sewers, or to a natural outlet approved by the
proper city or county official. Industrial cooling
water or unpolluted process waters may be discharged on
approval of the Utilities Director to a storm sewer or
natural outlet.
(C) No person shall discharge or cause to be discharged any
of the following described waters or wastes to any pub-
lic sanitary sewers:
(1) Any gasoline, benzene, naphtha, fuel oil, or other
flammable or explosive liquid, solid or gas.
ORDINANCE NO. 88-86
8
(2) Any waters or wastes containing toxic or poisonous
solids, liquids or gases in sufficient quantity,
either singly or by interaction with other wastes,
to injure or interfere with any wastewater treat-
ment process, constitute a hazard to humans or
anlmals, create a public nuisance, or create any
hazard in the receiving waters of the wastewater
treatment plant including but not limited to
cyanides in excess of .25 rog/1 as CN in the wastes
discharged to the public sewer.
(3) Solid or viscous substances in quantities or of
such size capable of causing obstruction to the
flow in sewers, or other interference with the
proper operation of the sewage works such as, but
not limited to, ashes, cinders, sand, mud, straw,
shavings, metal, glass, rags, feathers, tar, pla,-
tlc,, wood, unground garbage, whole blood, paunch
manure, hair and fleshing,, entrails, paper dishes,
cups, milk containers, etc., either whole or ground
by garbage grinders.
(D) No person shall discharge or cause to be discharged the
below described materials, waters, or wastes (col-
lectively, the "substances,") if it appears likely that
acceptance of such wastes can harm the wastewater treat-
ment process or equipment, the public sewers, the sani-
tary sewer systems, or have an adverse effect on the
receiving water body, or can otherwise endanger life,
limb, public property or constitute a nuisance. The
decision shall be based on such factors as the quanti-
ties subject wastes in relation to flows and velocities
in the sewers, materials of construction of the sewers,
nature of the wastewater treatment process, capacity of
the wastewater treatment plant, degree of treatability
of waste in the wastewater treatment plant, and other
pertinent factors. The substances prohibited are:
(1) Any liquid having a temperature higher than one
hundred fifty (150) degrees Fahrenheit.
(2) Any water or waste containing fats, wax, grease or
oils, whether emulsified or not, in excess of one
hundred (100) mg/1 or containing substances which
may solidify or become viscous at temperatures
between thirty-two degrees Fahrenheit (32°F) and
one hundred fifty degrees Fahrenheit (150°F) (0°
and 65°C).
(3) Any waters or wastes containing strong acid, iron,
pickling wastes, or concentrated plating solutions
whether neutralized or not.
(4) Any waters or wastes containing phenols or other
taste or odor producing substances, in such concen-
tration exceeding limits which may be established
by the board as necessary after treatment of the
composite sewage to meet the requirements of the
state, federal or other public agencies of jurisdic-
tion for such discharge to the receiving waters.
ORDINANCE NO. 88-86
(5) Any garbage that has not been properly shredded,
which shall mean the wastes from the preparation,
cooking and dispensing of food that have been
shredded to such degree that all particles viii be
carried freely under the flow conditions normally
prevailing in public sewers, with no particle size
greater than one-half (½) inch of any dimension.
(6) Any water or wastes having a pH lower than 5.5 or
higher than 9.5 or having any other corrosive pro-
petty capable of causing damage or hazard to
structure, equipment, or personnel or any waste
treatment works.
(7) Any waste containing toxic substances in quantities
in excess of the following limits and measured at
the point of discharge into the sewer system:
Aluminum .............. 15 mg/1
Antimony .............. 2 mg/1
Arsenic ............... 5 mg/1
Beryllium ............. 11 mg/1
Cadmium ............... 1 mg/1
Chromium Tot .......... 34.48275 mg/1
Chromium (+6) .......... 17.24137 mg/1
Copper .............. 833333 mg/1
Cyanide ............. 113636 mg/1
Fluorides ........... 50 mg/1
Irons ............. 3 mg/1
Lead ............. 1.162790.mg/1
Mercury ............ 0.002040 mg/1
Nickel ............. 1.470588 mE/1
Phenolic Comp ......... 0.01 mg/1
Selenium ............ 0.25 mg/1
Silver ............. 0.0005 mg/1
Zinc ............. 41.66666 mg/1
or any substanc.e that will pass through the waste
treatment facilities and exceed the state and
federal requirements for receiving waters.
(8) Any waste from sodium-cycle cation exchange (water
softening) units from industrial or commercial
users where the chloride content exceeds 800 mg/1.
(9) Any water or waste containing suspended solids or
color of such character and quantity that unusual
attention or expense is required to handle such
materials at the waste treatment facilities without
a special permit issued by the City.
(10) Any water of waste with a chlorine demand greater
than 15 mE/1.
(11) Any radioactive isotopes, without a special permit
issued by the city.
(12) Under no conditions will the discharge of domes-
tics, sanitary, industrial or commercial waste be
permitted into the storm sewer system.
ORDINANCE NO. 88-86
10
(13) Any radioactive wastes or isotopes of such half-
life or concentration as may exceed limits
established by the board in compliance with applic-
able state or federal regulatlons.
(14) Any waters or wastes having a pH in excess of
(9.5).
(15) Any materials which exert or cause:
(a) Unusual concentrations of inert suspended
solids (such as, but not limited to, Fullers
earth, lime slurries and lime residues) or of
dissolved solids (such as, but not limited to,
sodium chloride and sodium sulfate).
(b) Excessive discoloration (such as, but not
limited to, dye, wastes and veget.able tanning
solutions).
(c) Unusual chemical oxygen demand, or chlorine
requirement in such quantities as to consti-
tute a significant load on the wastewater
treatment works.
(d) Unusual volume of flow or concentration of
wastes constituting "slugs" and defined here-
in.
(16) Any waters or wastes containing substances which
are not amenable to treatment or reduction by the
wastewater treatment processes employed, or are
amenable to treatment only to such degree that the
wastewater treatment plant effluent cannot meet the
requirement of other agencies having jurisdiction
over discharge to the receiving waters.
(17) Any waters or wastes containing suspended solids in
excess of 175 mg/1 unless the user is approved by
the City and provided further that the user
complies with the requirements of the City's
Strength Charge System.
(18) Any waters or wastes with a five-day, 20-degree
Centigrade BOD greater than 210 mg/1 unless the
user is approved by the City and provided further
that the user complies with the requirements of the
City's Strength Charge System.
(E) If any waters or wastes are discharged, or are proposed
to be discharged to the public sewers, which waters con-
tain the substances or possess the characteristics
enumerated in subsection (D) of this section, and which,
in the judgment of the Utilities Director, may have a
deleterious effect upon the sewage works, processes,
equipment or receiving waters, or which otherwise create
a hazard to life or constitute a public nuisance, the
Utility Director may:
(1) Reject the wastes.
ORDINANCE NO. 88-86
11
(2) Require pretreatment to an acceptable conditions
for discharge to the public sewers.
(3) Require control over the quantities and rates of
discharge.
(4) Require payment to cover the added cost of handling
and treating the wastes not covered by existing
fees or sewer charges as contained in the Strength
Charge System.
If the BOARD permits the pretreatment or equalization of
waste flows, the design and installation of the plans
and equipment shall be subject to the review and
approval of the BOARD and the City and subject to the
requirements of all applicable codes, ordinances and
laws. In addition, any major contributing industry as
defined by 40 CFR 403 shall comply with 40 CFR 12;8 and
any other regulation as shall from time to time be
established by EPA or other appropriate regulating
governmental agency.
(F) Crease, oil and sand interceptors are to be provided
when, in the opinion of Utilities Director, they are
necessary for the proper handling of liquid wastes
containing grease in excessive amounts or any flammable
wastes, sand or other harmful £ngredients; except that
such interceptors shall not be required for private
living quarters or dwelling units. All interceptors
shall be of a type and capac£ty approved by the City and
shall be so located as to be readily and easily
accessible for cleaulng and inspection.
(G) Where preliminary treatment of flow-equalizing facili-
ties are provided for any waters or wastes, they shall
be maintained continuously in satisfactory and effective
operation by the user at his expense.
Section 29-87. Criteria for admission of industrial and
commercial waste.
Ail users of the public sewers/sanitary sewers shall recog-
nize and comply with the following:
(a) The economy and desirability of the combined treat-
ment of industrial and commercial wastes and sani-
tary sewage is recognized. However, not all types
and quantities of industrial and commercial wastes
can be so treated. It shall be the policy to admit
the types and quantities of industrial and commer-
cial 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 and/or treat-
ment are required, and the cost of such must be
borne by the user receiving the benefits.
ORDINANCE NO. 88-86
12
-i
(b) Approval in advance by the City is required for the
admission of industrial or commercial wastes into
the public sewers having:
(1) A five-day, 20-degree Centigrade BOD greater
than 220 mg/1.
(2) A suspended solids content greater than 175
mg/1.
The user shall provide chemical analyses of the
discharge according to a schedule to be established
by the board and continued discharge shall be sub-
ject to approval of the City.
(c) In order to identify the point sources, all users
of the sewage works who are now discharging indus-
trial or commercial wastes to the public sewers
shall, upon request of the BOARD, the City or its
designated agent, fill in and file with the request-
ing official within ninety (90) days of the effec-
tive date of this Ordinance a questionnaire which
shall furnish pertinent data inclusive of quantity
of flow and an analysis of the water discharged to
the regional treatment plant. Further, any person
desiring to make a new connection to the wastewater
system for the purpose of discharging industrial or
commercial wastes to the public sewers shall, upon
requesting permits and/or connections, complete and
file with the designated officials, above, an
industrial and commercial waste question'naire as
outlined for existing users.
(d) Sample and analysis shall be a 24-hour composite
sample collected so as to be a representative
sample of the actual quality of the wastes. Sample
for analysis may be collected by the user or his
representative. Analysis shall be made by a regis-
tered sanitary engineer or graduate chemist whose
qualifications are acceptable to the City or a
Class A or B wastewater treatment plant operator
registered in Florida, using the laboratory methods
for the examination of wastewater as set forth in
the latest edition of "Standard Methods for Examina-
tion of Water and Sewage" as published by the
American Public Health Association.
(e) If it is necessary due to the size or complexity of
the Waste disposal problem of an establishment, an
extension of time may be granted provided it can be
shown that it is impractical to meet the schedule
imposed in this Division. A request for extension
must be submitted in writing to the Utilities Direc-
tor.
(f) When required by the Utilities Director, any new
establishment discharging industrial or commercial
wastes into the sewer system shall construct and
maintain at its sole expense a suitable control
manhole or manholes downstream from any treatment,
storage or other approved works to facilitate obser-
vation, measurement and sampling of all wastes
ORDINANCE NO. 88-86
13
including all domestic sewage from the establish-
sent. The control manhole or manholes shall be
constructed at suitable and satisfactory locations
and building in a manner approved by the official
identified in subsection (c). The manhole 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 Utilities Director. The control manhole
shall be accessible to city personnel at all times
for sampling. All authorized BOARD or City
employees shall be permitted, upon suitable notice
to the user, to enter upon all properties for the
purpose of inspection, observation, measurement,
sampling and testing in accordance with provisions
of this Division.
Section 29-88. Industrial and commercial waste discharge
permits required~ term.
A special permit will be required for each user which is iden-
tified as having other than domestic wastes or waste from
sanitary conveniences. The fixed life of a permit is set for one
year from date of issue, and a renewed waste discharge permit
will have a fixed life of one year. These permits involve the
implementation of a formula for surcharge for wastes which exceed
the sewage parameters for strength as set forth in Section 29-86.
Permits shall not be transferred, conveyed, assigned or sold.
Section 29-89. Industrial and commercial waste discharge
permit application.
A waste discharge permit program loc all of the City's Indus-
trial Users is adopted as follows:
(a) The application for a waste discharge permit shall
be of a form specified by the Utilities Director.
(b) This application will define all of the pertinent
data concerning the acceptance of industrial and
commercial waste flows and will provide the basis
for the issuing of a permit certificate specifying
limitations on what the user may discharge.
(c) The initial permit shall be effective for a period
of one year only from date of issuance and must be
renewed annually by the applicant in order to con-
tinue such waste discharge.
(d) An application for an initial permit shall be accom-
panied by a cashier's check in an amount as estab-
lished by the City as an application fee.
(1) Renewal of industrial and commercial waste
discharge permit. The application for a
renewed waste discharge permit shall be of a
ORDINANCE NO. 88-86
form specified by the City, and the annual
renewal application fee shall be the same as
or greater than the initial applicatlon fee.
(2) Industrial and commercial waste discharge per-
mit form. The form of permit for industrial
and commerclal wastes shall be as specified by
the City. Specific provisions for continued
acceptance by the City of the waste shall be
attached to and made a part of the permit to
discharge. The City may prescribe such items
as equalized flow discharge, prechlorlnation
or additional limitations on waste characteris-
tics not adequately described in this Agree-
ment, or may prescribe pretreatment quality
requirements for the waste flow in detail.
(e) Administration of permits. The administration of
the industrial and commercial waste discharge per-
mit program and the application of the surcharge
formula imposes additional oblisatious on the
Cities.
The City, in addition to determining the waste
flow volumes and analyzing the waste strengths for
development of the surcharge, must also obtain an
accurate record of the permit applications,
permits, meter installation details, meter calibra-
tions, and shall make available to each establish-
ment the necessary renewal application forms.
The system of record keeping for industrial and
commercial permits shall be substantially as
follows:
A. A ledger sheet for each establishment headed
as follows:
1. Name of industry/business
2. Address/location
3. Type of process
4. Initial permit application forms sent
5. Initial permit application forms received
6. Discharge analysis received
7. Permit issued, date
8. Meter details received
9. Meter details approved
10. Meter installation approved
11. Expiration date of initial permit
12. Date renewal permit application forms sent
13. Date renewal permit application forms
received
14. Meter certification received
15. Analysis schedule required
If yes, attach schedule.
16. Renewal permit issued, date
17. Expiration date of renewal permit
18.
ORDINANCE NO. 88-86
15
20. [
21. [ Repeat 12-17 for future renewals.
22. I
23. ~
B. A ledger sheet for control of all permits as
follows:
Name of establishment
Initial permit application forms sent
Expiration date of initial permit
Date renewal forms to be sent
Expiration date of renewal permit
Date renewal forms to be sent
Expiration date of renewal permit
Date renewal forms to be sent
Expiration date of renewal permit
Date renewal forms to be sent
Section 29-90. Right to refuse service.
The City shall have the right to refuse waste from any user
where wastewater does not comply with this Division.
Section 29-91. National categorical pretreatment standards.
Upon the promulgation of the National Categorical Pretreat-
ment Standards or Alternative Discharge Limits for a particular
industrial subcategorY, the Pretreatment Standard, if more strin-
gent than limitations imposed under this Division for sources in
that subcategory, shall immediately supersede the limitations
imposed under this Division and shall be considered part of this
Division. After the City receives notice, the City shall notify
all affected users of the applicable reporting requirements under
40 CFR 403.12.
(a) City's Right of Revision. The City reserves the
right to establish by further ordinance or
regulation more stringent limitations or
requirements on discharges to the wastewater
disposal system if deemed necessary to comply with
the objectives presented in this Division.
(b) Excessive Discharge. Ail users are hereby prohib-
ited from increasing the use of process water or,
in any way, attempting to dilute a discharge as a
partial or complete substitute for adequate treat-
ment to achieve compliance with the limitations
contained in the National Categorical Pretreatment
Standards, Alternative Discharge Limits, or in any
other pollutant-specific limitation developed by
the City or State.
(c) Accidental Discharges. Where needed, a user shall
provide protection from accidental discharge of
prohibited materials or other substances regulated
by this Division. Facilities to prevent accidental
discharge or prohibited materials shall be provided
and maintained at the owner's or user's cost and
expense. On the request of the City, the user
ORDINANCE NO. 88-86
16
shall be required to submit detailed plans showing
facillties and operating procedures to provide this
protection. All required users shall complete such
a plan within 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 Ordinance shall not be
permitted to introduce pollutants into the system
until accidental discharge procedures have been
approved by the City. Review and approval of such
plans and operating procedures shall not relieve
the industrial user from the responsibility to modi-
fy the user's facility as necessary to teat the
requirements of this ordinance. In the case of an
accidental discharge, it is the responsibility of
the user to immediately telephone and notify the
Utilities Director of the incident. The notifica-
tion shall include location of discharge, type of
waste, concentration and volume, and correction
actions.
(d) Written Notice. Within five (5) days followin$ an
accidental discharge, the user shall submit to the
BOARD and the City a written report describing the
cause of the discharge and the measures to be taken
to prevent similar future occurrences. Such notifi-
cation shall not relieve the user of any expense,
loss, damage, other liability which may be incurred
as a result of damage to the public/sanitary sewer
system, /sanitary sewer system, the BOARD, fish
kills, or any other damage to person or property;
nor shall such notification relieve the user of any
fines, civil penalties, or other liability which
may be imposed by this article or other applicable
law.
(e) Notice to Employees. A notice shall be permanently
posted on the user's bulletin board or other promin-
ent place advising employees of whom to call in the
event of a dangerous discharge. Furthermore, all
employers shall insure that all employees who may
cause a dangerous discharge to occur are advised of
the emergency notification procedure.
Section 29-92. Protection From Damage.
No person shall maliciously, willfully or negligently break,
damage, destroy, uncover, deface or tamper with any structure,
appurtenance or equipment which is part of the sewage works.
Section 29-93. Power and Authority of Inspectors.
(a) To the extent permitted by general law, the proper offi-
cial and other duly authorized employees of the City or the BOARD
bearing proper credentials and identification shall be permitted
to enter all properties for the purposes of inspection, observa-
tion, measurement, sampling and testing in accordance with the
provisions of this Division. The official or his representatives
will not inquire into any processes including metallurgical, chem-
ORDINANCE NO. 88-86
17
ical, oil, refining, ceramic, paper or other industries beyond
that point having a direct bearing on the kind and source of dis-
charge to the sewers or waterways or facilities for waste
treatment.
(b) To the extent permitted by general law, the proper offi-
cial and other duly authorized employees of the City or the POTW
bearing proper credentials and identification shall be permitted
to enter all private properties through which the City holds an
easement for the purposes of, but not limited to, inspection,
observation, measurement, sampling, repair and maintenance of any
portion of the sewage works lying within said easement.
Section 29-94. Applicabilit[ to all Users~ includln~ all
other local ~overnments.
The regulations of this division shall apply to all users of
the sewer facilities of the City whether inside or outside the
City, including all other local governments. Furthermore, all
local government users shall be required, within sixty (60) days
after enactment of this Division and notice thereof, to enact
ordinances substantially similar to this Division and to apply
and enforce the same to all users of their public and sanitary
sewer systems,
Section 29-95. Enforcement.
(a) · Harmful Contributions. The City may suspend the waste-
water treatment service to any user, including other local govern-
ments, when such suspension is necessary, in the opinion of the
Utilities Director, in order to stop an actual or threatened
discharge which presents or may present an imminent or substan-
tial endangerment to the health or welfare of persons or the
environment, causes interference to the BOARD, causes the BOARD
to violate any condition of its NPDES Permit, or causes the City
to be in violation of any of its agreements with the BOARD.
Any user notified of a suspension of the wastewater
treatment service shall immediately stop or eliminate the contri-
bution. In the event of a failure of the user to cause the user
to voluntarily comply with the suspension order, the City shall
take such steps as deemed necessary, including immediate sever-
ance of the sewer connection, to prevent or minimize damage to
the City or BOARD systems or endangerment to any individuals.
The City may reinstate the wastewater treatment service upon
proof of the elimination of the non-complying discharge. A
detailed written statement submitted by the user describin$ the
causes of the harmful contribution and the measures taken to pre-
vent any future occurrence shall be submitted to the City within
15 days from the date of occurrence.
(b) Notification of Violation. Whenever the City finds that
any user has violated or is violating any of the provisions of
this Division, or any prohibition, limitation of requirements
contained herein, or any regulations promulgated by the City pur-
suant to this Division, the City may serve upon such user a
written notice stating the nature of the violation. Within 30
days of the date of the notice, a plan for the satisfactory cor-
ORDINANCE NO. 88-86
18
rection thereof shall be submitted to the City by the notified
user,
(c) Show Cause Hearing.
(1) Any user subject to enforcement action under the
provisions of this Division may request a hearing before
the Utilities Director within ten (10) days of receipt
of notification of proposed enforcement Action. A hear-
ing is to be held by the Utillties Director concerning
the violation, the reasons why the action is to be
taken, the proposed enforcement action, and directing
the user to show cause before the Utilities Director why
the proposed enforcement action should not be taken.
(2) The Utilities Director may conduct the hearing and
take the evidence, or, at the Utilities Director's sole
discretion, may designate any officer, City employee, or
independent arbitrator to:
(a)Issue in the name of the City notices of hearing
requesting the attendance and testimony of witnesses and
the production of evidence relevant to any matter
involved in such hearing.
(b)Take evidence and hear testimony (the strict rules
of evidence shall not apply to any such hearing);
(c)Transmit a report of the evidence and hearing
including transcripts and other evidence, together wit.h
recommendation to the Utilities Director for action
thereon.
(3) At any hearing held pursuant to this Division,
testimony taken must be under oath and recorded steno-
graphically, with the costs thereof to be borne by the
user. The transcript, so recorded, will be made avail-
able to any member of the public or any party to the
hearing upon payment of the usual charges thereof.
(4) After the Utilities Director has reviewed the evi-
dence, he may issue an order to the user responsible for
the discharge directing that, following a specified time
period, the sewer service be discontinued by the City
unless adequate treatment facilities, devices or other
related appurtenances shall have been installed on exist-
ing treatment facilities, and that said devices or other
related appurtenances are properly operated. Further
orders and directives as are necessary and appropriate
may be issued.
(5) The City shall also establish and assess against
such user appropriate surcharges or fees to reimburse
the City for the additional cost of operation and main-
tenance of the wastewater treatment works due to the
violation of this Division.
(6) Any action by the Utilities Director may be
appealed to the City Manager.
ORDINANCE NO. 88-86
19
(7) Legal Action. If any person discharges sevage,
industrial wastes or other wastes into the City's waste-
water disposal system contrary to the provisions of this
Division, Federal or State Pretreatment Requirements, or
any order of the City, the City's Attorney may commence
an action .against the user for appropriate legal relief,
including injunctive relief, in the appropriate court
which has jurisdiction; and to the extent permitted by
law, shall seek recovery of all City costs and expenses
related to such actions against the user by the City.
(8) Records Retention. All users are hereby required
to retain and preserve for no less than three (3) years,
any records, books, documents, memoranda, reports, cor-
respondence and any and all summaries thereto, relating
to monitoring, sampling and chemical analyses made by or
on behalf of a user in connection with its discharge.
Ail records which pertain to matters which are the sub-
ject of administrative adjustment or any other enforce-
ment 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 con-
cluded and all periods of limitation with respect to any
and all appeals have expired.
(9) Penaltyi Costs. The City hereby adopts the follow-
ing penalties:
(a) Civil Penalties. Any user who is found to
have violated an Order of the City or who will-
fully or negligently fails to comply with any pro-
vision of this Division, and the orders, rules,
and regulations issued hereunder, shall be fined
per day not less than $100.00 nor more than
$500.00 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 attorneys' fees, court
costs, court reporters' fees and other expenses of
litigation by appropriate motions or suit at law
against the user/person found to have violated
this Division or the orders, rules, regulations
and permits issued hereunder.
(b) Falsifying Information. Any person who know-
ingly makes any false statements, representation
or certification in any application record,
report, plan or other document filed or required
to be maintained pursuant to this ordinance, or
who falsifies, tampers with, or knowingly renders
inaccurate any monitoring device or method
required under this ordinance, shall, upon convic-
tion, be punished by a fine of not more than
$500.00 or by imprisonment for not more than 60
days, or by both.
ORDINANCE NO. 88-86
2O
Section 29-96. Reporting, InspectionI and Monitor{nE
Requirements.
(a) Compliance Date Report. Within 80 days following the
date for final compliance with appllcable 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 Utilities Director a report indica-
ting the nature and concentration of all pollutants in the
discharge from the regulated process which are limited by Pre-
treatment Standards and Requirements and the average and maximum
daily flow for these process units in the User facility which are
limited by such Pretreatment Standards or Requirements. The
report shall state whether the applicable Pretreatment Standards
and Requirements are being met on a consistent basis and, if not,
what additional O&M and/or pretreatment is necessary to bring the
User into compliance with the applicable Pretreatment Standards
or Requirements. This statement shall be signed by an authorized
representative of the Industrial User and certified to by a quali-
fied representative.
(b) Periodic Compliance Reports. Each User shall submit to
the City during the months of May and November, unless required
more frequently in the Pretreatment Standard or by the City, a
report indicating the nature and concentration of pollutants in
the effluent which are limited by such Pretreatment Standards or
this Division. In addition, this report shall include a record
of all daily flows which during the reporting period exceeded the
average daily flow 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, etc.,
the City may agree to alter the months during which the above
reports are to be submitted.
(c) Monitoring Facilities. The City may require to be pro-
vided and operated, all at the user's own expense, monitoring
facilities to allow inspection, sampling, and flow measurement of
the building sewer and/or internal drainage systems. The monitor-
ing facility should normally be situated on the user's premises,
but the City may, when such a location would be impractical or
cause undue hardship on the user, allow the facility to be con-
structed in the public street or sidewalk area and located so
that it will not be obstructed by landscaping or parked vehicles.
There shall be ample room in or near such sampling manhole or
facility to allow accurate sampling and preparation of samples
for analysis. The facility, sampling, and measuring equipment
shall be maintained at all times in a safe and proper operating
condition at the expense of the user. Whether constructed on
public or private property, the sampling and monitoring facili-
ties shall be provided in accordance with plans and specifica-
tions submitted to and approved by the City and all applicable
local construction standards and specifications. When required,
construction of those facilities shall b'e completed within 90
days following written notification by the City.
(d) Inspection and Sampling. The City, through its
employees, are authorized to inspect the facilities of any user
to ascertain whether the purpose of this Division is being met
and all requirements are being complied with. Persons or occu-
pants of premises where wastewater is created or discharged shall
allow the City or its representative ready access at all reason-
able times to all parts of the premises for the purposes of
inspection, sampling, records examination, records copying or in
the performance of their duties. The City, BOARD, Florida DER
ORDINANCE NO. 88-86
21
and EPA shall have the right to set up on the user's property
such devices as are necessary to conduct sampling inspection,
compliance monitoring and/or metering operations. Where a user
has security measures in force which would require proper identi-
fication 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, DER and EPA will be permitted to enter, without delay,
for the purposes of performing their specific responsibilities.
Section 29-97. Pretreatment retuirements.
Industrial Users shall provide necessary wastewater treatment
as required to comply with this Division and shall achieve compli-
ance with all National Categorical Pretreatment Standards within
the time limitations as specified by the Federal Pretreatment
Regulations and as required by the City. Industrial Users with
integrated facilities shall comply with any Alternative Discharge
Limits as set by the City. Any facilities required to pretreat
wastewater to a level acceptable to the City shall be provided,
operated, and maintained solely at the user's expense. Detailed
plans showing the pretreatment facilities and operating proce-
dures shall be submitt-ed to the City for review at the request of
the City. The review of such plans and operating procedures will
in no way relieve the user from the responsibility of modifying
the facility as necessary to produce an effluent acceptable to
the City under the provisions of this Division. Any subsequent
changes in the pretreatment facilities or method of operation
shall be reported to the City prior to the user's initiation of
the changes.
All records relating to compliance with Pretreatment Stan-
dards shall be made available to officials of the City, the
BOARD, EPA or FDER upon request.
Section 29-98. Information Availability.
Information and data on a user obtained from reports, ques-
tionnaires, permit applications, permits and monitoring programs
and from inspections shall be available to the public or other
governmental agency in accordance with applicable Florida
Statutes and/or Federal law.
Section 29-99. Use of public sewers retuired.
(a) It shall be unlawful for any person to place, deposit,
or permit to be deposited, in any unsanitary manner on public or
private property within the city, or in any area under the juris-
diction of said city, any human excrement, garbage, or other
objectionable waste.
(b) It shall be unlawful to discharge to any natural outlet
within the city, or in any area under the jurisdiction of said
city, any sewage or other polluted waters, except where suitable
treatment has been provided in accordance with subsequent provi-
sions of this Division.
ORDINANCE NO. 88-86
22
(c) Except as hereinafter provided in Section 29-100, it
shall be unlawful to construct or maintain any privy, privy
vault, septic tank, cesspool, or other facility intended or used
for the disposal of sewage.
(d) The owners of all houses, buildings, or properties used
for human occupancy, employment, recreation, or othepurposes
situated within the city and abutting on any street, alley, or
right-of-way in which there is now located or may in the future
be located a public sanitary sewer of the city are hereby
required, at their expense, to install suitable toilet facilities
therein, and to connect such facilities directly with the proper
public sewer, in accordance with the provisions of this Division,
within ninety (90) days after date of official notice to do so,
provided that said public sewer is within two hundred (200) feet
of the property line.
(e) Under no conditions shall the discharge of domestic,
sanitary, industrial, or commercial waste be permitted into the
storm sewer system.
Section 29-100. Private sewage disposal.
(a) Where a public, sanitary, or combined sewer is not avail-
able under the provisions of Section 29-99(d), the building sewer
shall be connected to a private sewage disposal system complying
with the provisions of this section.
(b) Before commencement of construction of a private sewage
disposal system, the owner shall obtain a written permit signed
by the building official. The application for such permit shall
be made on a form furnished by the City which ~he applicant shall
supplement by any plans, specifications, and other information as
are deemed necessary by the building official. A permit and
inspection fee of fifty dollars ($50.00) shall be paid to the
City at the time the application is filed.
(c) A permit for a private sewage disposal system shall not
become effective until the installation is completed to the satis-
faction of Palm Beach County. The county shall be allowed to
inspect the work at any stage of construction, and, in any event,
the applicant for the permit shall notify the county when the
work is ready for final inspection and before any underground
portions are covered.
(d) The type, capacities, location, and layout of a private
sewage disposal system shall comply with all recommendations of
the Department of Environmental Regulation of the State of
Florida. No permit shall be issued for any private sewage dis-
posal system employing subsurface soil absorption facilities
unless it conforms to all current regulations. No septic tanks
or cesspool shall be permitted to discharge to any natural
outlet.
(e) At such time as a public sewer becomes available to a
property served by a private sewage disposal system, as provided
in Subsection 29-100(d), a direct connection shall be made to the
public sewer in compliance with this Division, and any septic
tanks, cesspools, and similar private sewage disposal facilities
shall be abandoned and filled with suitable material.
ORDINANCE NO. 88-86
23
(f) The owner shall operate and maintain the private sewage
dispos41 facilities in a sanitary manner at all times, at no
expense to the City.
(g) No statement contained in this Division shall be con-
strued to interfere with any additional requirements that may be
imposed by health agencies.
(h) When a public sewer becomes available, the building
sewer shall be connected to said sewer within ninety (90) days,
and the private sewage disposal system shall be cleaned of sludge
and filled with clean bank-run gravel or dirt.
Section 29-101. Buildin~ sewers and connections.
(a) No unauthorized person shall uncover, make any connec-
tions with or opening into, use, alter, or disturb any public
sewer or appurtenance thereof without first obtaining a written
permit from the City.
(b) The permit application shall be supplemented by any
plans, specifications, or other information considered pertinent
in the judgment of the City. A permit and inspection fee shall
be paid to the City at the time the application is filed. The
permit fee for those establishments discharging industrial waste-
water is further explained in this Division.
(c) All costs and expense incidental to the installation and
connection of the building sewer shall-be borne by the owner or
user. The owner and user shall indemnify the City from any loss
or damage that may directly or indirectly be occasioned by the
installation of the building sewer.
(d) A separate and independent building sewer shall be pro-
vided for every building, except where one building stands at the
rear of another on an interior lot and no private sewer is avail-
able or can be constructed to the rear building through an adjoin-
ing alley, court, yard, or driveway,, the building sewer from the
front building may be extended to the rear building and the whole
considered as one (1) building sewer.
(e) Old building sewers may be used in connection with new
buildings only when they are found, on examination and test by
the building official, to meet all requirements of this Division.
(f) The size, slope, alignment, materials of construction of
a building sewer, and the methods to be used in excavating, plac-
ing of the pipe, jointing, testing and backfilling the trench,
shall all conform to the requirements of the building and plumb-
ing codes or other applicable rules and regulations of the City.
In the absence of code provisions, or in amplification thereof,
the materials and procedures set forth in appropriate specifica-
tions of the ASTM and WPCF 'Manual of Practice No. 9,' as same
may be amended from time to time, shall apply.
(g) Whenever possible, the building sewer shall be brought
to the building at any elevation below the basement floor. In
all buildings in which any building drain is too low to permit
gravity flow to the public sewer, sanitary sewage carried by such
ORDINANCE NO. 88-86
24
building drain shall be lifted by an approved means and dis-
charged to the building sewer.
(h) No person shall make connection of roof downspouts,
exterior foundation drains, areawa'y drains, or other sources of
surface runoff or groundwater to a building sewer or buildlng
drain which, in turn, is connected directly or indirectly to a
public sanitary sewer.
(i) The connection of the buildinE sewer into the public
sewer shall conform to the requirements of the building and plumb-
ing codes or other applicable rules and regulations of the City
or the procedures set forth in appropriate specifications of the
ASTM and the WPCF 'Manual of Practice No. 9,' as same may be
amended from time to time. Ail such connections shall be made
gastight and watertight. Any deviation from the prescribed pro-
cedures and materials must be approved by the building official
before installation.
(j) The applicant for the building sewer permit shall notify
the City when the building sewer is ready for inspection and con-
nectiou to the public sewer. The connection shall be made under
the supervision of the City officials or City representative(s).
(k) Ail excavations for building sewer installation shall be
adequately guarded with barricades and lights so as to protect
the public from hazard. Streets, sidewalks, parkways, and other
public property disturbed in the course of the work shall be
restored in a manner satisfactory to the City.
Section 29-102. User charge and industrial cost recover7
sxstem.
(a) A surcharge shall be applied over and above the standard
sewer use fee when the wastes from any lot or parcel of land,
upon which there is located any building or activity, contain an
abnormally high BOD and/or suspended-solids concentration as
defined in Sections 29-86 and 29-87.
(b) Said surcharge in dollars shall be computed by the for-
mula(s) included in the ordinance established for the user charge
and industrial cost recovery system as are codified in this
Chapter.
(c) Ail users of the sewerage system affected by the above-
described surcharge shall be allowed ninety (90) days from the
effective date hereof in which to comply with the provisions of
this Division.
(d) Nothing in this Division shall restrict the City from
making additional adjustments in rates if it is found that the
nature or quantity of the waste creates an additional burden on
the system or if such adjustments are necessary to comply with
regulations of the Florida Department of Environmental Regulation
or the United States Environmental Protection Agency.
ORDINANCE NO. 88-86
25
Section 29-103. Application of Division.
The use of City wastewater fac/l/ties by any entity or local
government shall subject that entity or local government to the
applicat£on of this Division. This shall include, but not be
limited to, wholesale, retail, and large agreement users, whether
inside or outside the City limits.
Section 2. That all ordinances or parts of ordinances in con-
flict herewith be and the same are hereby repealed.
Section 3. That should any section or provision of this ordin-
ance or any provision thereof, any paragraph, sentence, or word
be declared by a Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder here-
of as a wh~le or part thereof other than the part declared to be
invalid.
Section 4. That this ordinance shall become effective immedi-
ately upon passage on second and final reading.
PASSED AND ADOPTED in regula, r session on second and
final reading on this 25th day of November 1986.
M A ¥ 0 R
ATTEST:
Second Reading November Mb,
ORDINANCE NO. 88-86
26