18-80 .. ORDINANCE NO. 18-80
AN OKDII~ANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AS~NDING CHAPTER 29, "WATER AND SE~RS"
BY ENACTI~:G A NEW ARTICLE V, ESTABLISHING THE REQUIRE-
:.~NTS AND PROCEDURES TO REGULATE THE USE OF SANITARY
AND STOF~[ SEWERS; PROVIDING FOR PROPER DISCHARGE OF
WATERS AND WASTES INTO THE CITY SEWER SYSTEM; REGULATING
DISCHARGE OF CERTAIN WASTES; PROVIDING PENALTIES; PROVID-
ING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HERE%'[ITH; PROVIDING A SAVING CLAUSE; PROVIDING
~.AN EFFECTIVE DATE.
~EREAS, the City Council of the City of Delray Beach, Florida,
desires to establish procedures for the operation, maintenance and manage-
ment of the sewer system,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLO~:
Section 1. That Chapter 29, Article V, to be entitled '..
"Industrial and Commercial Waste", is hereby enacted to read as in the
attachment hereto, labeled Exhibit A, which is incorporated herein and
made a part hereof.
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flict herewith be and the same are hereby repealed.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 ordi-
nance or any portion thereof, any paragraph, sentence, or word be declared
by a Court of competent .jurisdiction to be invalid, such decision shall
not affect the validity Of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 4. That this ordinance shall become effective ten days
after passage on second and final reading.
PASSED A~D ADOPTED in regular session on second and final reading
on this the 28th day of April , 1980.
MAYO ~
LEON M. WEEKES
ATTEST:
/ City Clerk
First Reading April 14, 1980
Second Reading April 28, 1980
EXHIBIT "A"
SECT~O~i 29-79 '. PU]~POSE
This Article establishes procedures, defines responsibilities, sets
standards and limitations on the discharge of waste other than sanitary
sewage into the sewer system,
SECTI0~: 29-80: SCOPE
The City of Delray Beach is responsible for the proper collection,
treatm-"nt, and disposal of all waste that is proper to process through
such system, beginning at the point source.
SECTI0:~ 29-81: .G_ENERAL PROVISIONS_
The policy is l~ereby established which will be effective upon the
passing of this ordinance that the provisions of ~his ordinance will be
enforced to the fullest extent possible. These requirements are in
1
accord with the Federal ~later Pollution Control Act Amendments of 1972
and Prctreatment Standards as specified in 40 CfR, Part 128, and pertinent
rules and regulations of the State of Florida Department of Pollution
Control, ~,~hich must be complied with by all applicable major industries.
ThJ standards set forth ore minimum requirements to insure the general
health and welfare of the public.
. SECTIO~I 29-82: DEFINITIONS
As used in Chapter 29, Article V, the following'terms shall have
the meanings stated:
1. 'B.O.D.": The abbreviation for Bioc?emical Oxygen Demand or
the quantity of o~ygen used in the biochemical oxidation of organic
matter in a specified time (five days) at a specified temperature (20
degrees Centigrade} and under specified conditions (Standard Laboratory)
expressed in milligrams per liter.
2. 'Building Drain":'~ That part of the lowest horizontal piping
of a drainage system which receives the discharge from soil, waste, and
other drainage pipes inside the walls of the building and conveys it to
the building sewer beginning 5 feet (1.5 meters) at the inner face of
the building wall.
3. 'Building Sewer": The extension from the building drain to
the public sewer or other place of disposal.
4. "Combined Sewer": A sewer receiving both surface runoff and
sewage.
5. "Garbage": Solid waste from domestic and commercial preparation,
cookingi and dispensing of food, and from' handling, storage, and sale of
produce.
~' 6. "Industrial or Commercial )lquid waste
~¢aste":
The
from
industrial manufacturing process; trade, or business as distinct from
sanitary sewage.
7. "Suspended Solids": Solids that either float on the surface
or are in suspension in water, wastewater, or other liquids and which
largely rer..ovable by laboratory filtration
8. "Domestic ~lastewater": Wastewater derived principally from
dwellings, comr,.er¢ial buildings, institutions, and industry .resulting
from household or toilet wastes resulting from human occupancy· It may
or may.not contain ground water, sUrface water, or storm water.
9. "?roper::y Shredded Garbage": The wastes from the preparation,
cooking, and dispensing of foods that have been shredded to such a
degree that all p~:rticles will be carried freely under the flow con-
ditions normally preva~l~ng..in public s~wers, with no particle greater
than one-half (1/2) inch (1.27 centimeters) in any dimension.
10. "Public Se~er.": A sewer in v:hich all owners of abutting
properties have equal rights, and is controlled, by public authority.
11. "Sewage": A combination of water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
~ith such ground, surface, and storm waters as may be present.
12. "b;astewater Treatment Plant"; Any arrangement of devices and
structures used for treating wastewater.
13. "Sewage ),'orks": All facilities for collection, pumping,
treatment, and disposing of wastewater.
14. "Sewer": A pipe or conduit for carrying sewage.
15. "Shall" is mandatory; "May" is permissive.
16. "Slug": Any discharge of water, sewa.~e, or industrial waste
which is concentration of any given constituent or in quantity 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.
17. "Storm Drain" {sometimes termed "storl.~ sewer"): A sewer which
Carries storm and surface waters and drainage, 'Jut excludes sewage and
industrial wastes other than unpolluted cooling water. '. '
18. "~:atercourse": A channel in which a flow of water occurs,
either continuously or intermittently.
19. 'City": All that land and water area included within the
boundary of Delray Beach, Florida, in which the City Council proposes to
acquire, establish, coQstruct, extend, operate, and maintain sanitary
sewerage facilities, except 'as follows:
a. All County, State and Federally owned land and water area
located in the incorporated area of Delray Beach, except
where the County, State and Federal Government consent to
the provisions of this ordinance.
b. All land and water area duly franchised by the City
to privately sewer utility companies or to
Council
owned
municipal corporations, for the provisions of sewer
service in the unincorporated area of Delray Deach,
except where ti~e privately o~,~ned sewer utility c~mpanies
consent to the provisions of this ordinance.
'Natural Outlet": Any outlet into a watercour~ pond, ditch°
2O.
lake, or other body of surface or ground water.
21. "Industrial and Corrmercial Waste Discharge Permits": A permit
issued to control the process flows frcm industry, co~,qerce° or insti-
tutions that may be discharged into the sanitary sewer system. This
permit is issued in addition to any other types of permits. When
issued, the perr.)it will define the characteristics and volume of the
flow and acceptan,:e or rejection of individual waste components.
22. 'pH": The logarithm of the reciprocal of' the weight of '~' "
hydrogen ions in grams per liter of solution.
23. "me/l": The abbreviation of milligrams per liter or tile
quantity by weigh~ of a minor constituent present .in a given volume of a
solution or mixture, expressed in milligrams per liter, mo/1 shall be
considered equivalent to parts per million.
24. "Sanitary Sewage":" The household and toilet wastes resulting
fro~ human occupancy.
25. "Sanitary Sewer": A sewer that carries liquid and , ~
carried wastes from residences, commercial buildings, industrial facilities
and institutions together with limited quantities of ground, storm, and
surface waters not intentionally admitted to the sewer.
26. "Person": Any individual, establishment, fir,~), company,
association, society, corporation, or group.
27. Storm Sewer": A sewer that carries storm water and surface
water, street ~vash and other wash waters or drainage but excludes
don~estic ~:astewater and industrial and co~nercial wastes.
5
28. "Collection System": The system of public sewers to be
operated by the City of Delray Beach or public sewers connected to
the City system collecting wastewater from point sources.
29. "Building Official": The Building Official is that
person, or his authorized deputy, agent, or representative, duly
empowered by the City of Delray Beach to issue permits and to
inspect building drain connection to the sanitary sewer system.
30. "Public Utilities Director": The Public Utilities
Director is that person, or his authorized deputy, agent or
representative, duly empowered by the City of Delray Beach to
administer the City's sewer system.
31. "Hearing Board": shall mean that Board appointed
according to provision of Section 29-75(15) and Chapter 9,
Article XII of the Code of Ordinances.
SECTION 29-83: USE OF PUBLIC SEWERS REQUIRED
1. 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 of Delray Beach, or in any area under the
jurisdiction of said City,any human excrement, garbage, or
other objectionable waste.
2. It shall be unlawful to discharge to any natural outlet
within the City of Delray Beach, 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 provisions of this ordinance.
3. Except as hereinafter provided in Section 29-84, 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.
6
4. The re:ncr of all houses, buildings, or properties used for
human occu?ancy, enployment, recreation, or other purposes situated
within the City and abutting on any street, alley, or r~ght-of-way in
which there is no;.l located or may in the future be located a public
san{'tary sewer of the City, is hereby required at his
expense to install suitable toilet facilities therein, and to connect
such facilities d~;'ectly with the proper public se;,;er in accordance with
· ~he'~rovisions of ¢hi$ ordinance, 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.
5. Under no conditions shall the discharge of domestic, sanitary,
industrial,, or cozmercial waste be permitted into the storm sewer
syste,~.
S£CTI0', 29-84: PRIVATE SEWAGE DISPOSAL
l. Where a public, sanitary, or cor,]bined sewer is not available
under the provisions of Section 29-83(4), the building sewer shall be con-
nected to a private sewage disposal system complying with the provision
of this section.
2. Before con'~encement of constructien 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 ~.,'hich ~he applicant sha]l supplement by any
plans, specifications, and other information as are deemed necessary by
the Butld'ing Official. A permit and inspection fee of $50.00 dollars
shall be paid to the City at the time the application is filed.
3. A permit for a private sewage disposal system shall not become
effective until the installation is completed to the satisfaction of
Palm Beach County. The County shall be allowed to inspect the work at
stage of construction and, in any event, the a~plicant for the
any
permit shall notify the County when the work is ready for final inspec-
tion and before any underground portions are covered.
4. The type, capacities, location, and layout of a private sewage
disposal ~
sys~.m shall comply with all recon~.enc~a'tions of the Department
of Environmental Regulation of the State of Florida. No permit shall be
issued for any private sewage disposal system employing subsurface soil
absorption facil"ties unless it conforms to all current regulatidns. No
septic tank or cesspool shall be permitted to discharge to any natural
outl et.
5. At §uch time"as a~public sewer beco~_=s available to a property
served by a private sewage disposal system, as provided in Section 29-84
Paragraph 4, a direct connection shall be made to the public sewer in
compliance ~.~ith 'this ordinance, and any septic tanks, cesspools, and
similar private sewage di, sposal ~acilities shall be abandoned and filled
with suitable material.
6. The Owner shall operate and maintain the private sewage
disposal facilities in a sanitary manner at all times, at no expense to
the City.
?. lie statement contained in this Article shall be construed to
interfere ~ith any additional require~ents~.that may be imposed by health
agencies.
8. l. Ihen a pt~blic sewer becomes available, the building sewer
shall be connected to said sewer within ninety (90) days and the private
sewage disposal system sha]l be cleaned of s]udge and filled with clean
bank-run gravel or dirt.
SECTI0~I 29-85: BUILDING SEWERS AND CONNECTIONS
1. JtO unauthorized person shall uncover, make any connections
with or opening into, use, alter, or disturb an), public sewer or appurte-
nance thereof with,)ut first obtaining a written permit from the Building :
Official.
2. The permit application shall be supplemented by any plans,
specifications, or other information considered pertinent in the judg-
ment of the Building Official. A permit and irspection fee shall be
paid to the City at the time the application is filed. The permit fee
for those establishments discharging industrial wastewater is further
explained in Sections 29-87, 29-88, and 29-89.
3. All costs and expense incidental to the installation and
connection of the building sewer shall be borne by the Owner. The (A~ner
shall indemnify the City from any loss or damage that may directly or
indirectly be occasioned by the installation of the building sewer.
4. A separate and independent building sewer shall be provided
for every building; except where one building stands at the rear of
another on an interior lot and no private sewer is available or can be
constructed to the rear building through an adj.~intng alley, court,
yard, or drive~.~ay, the building se~.~er from the 'front building may be
extended to the rear building and the whole considered as one building
'~. Old building ~ewers 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 ordinance.
G. The size, slope, alignment, material'.~ of construction of a
bu~lrlin~ sewer, and the methods to be u~ed in excavating, placing of the
pipe, ~ointing, testing, and backfilling the t~ench, shall all conform
to the requiremen'cs of the building and plumbing code or other applicable
rules and regulations of the City. In the absynce of code provisions or
~n ampltficaticn thereof, the materials and procedures set forth in
appropriate speciftcatio'ss of the ASTM and ~.;?CF Manual of Practice No. 9
shall apply.
7. Whenever possible, the building sewer shall be brought to the
building at an elevation below the basement floor. In all buildings in
whtcl~ any building drain is too low to permit gravity flow to the public
sewer, sanitary sewage carried by such building drain shall be lifted by
an approved means and discharged to the building sewer.
8. I% person shall make connection of roof downspouts, exterior
foundation drains, areaway drains, or other sources of surface runoff or
ground water to a building sewer or building drain which, in'turn, is
connected directly or indirectly to a public ~anitary sewer.
9. The connection of the building sower into the public sewer
shall conform to the requirements of the building and plumbing code or
other applicable rules and regulations of the City or the procedures set
forth in appropriate specifications of the AST:.I and the WPCF Manual of
Practice No. 9. All such connections shall be made gastight and Water-
~ght. Any deviation from the prescribed procedures and materials must
be approved by the Building Official before installation.
10. The applicant for the building sewer permit shall notify the
Building Official when the building sewer is ready for inspection
and connection tc the public sewer, lhe conn(:ction shall be made under
~he supervision cf the Building Official or his representa%ive.
11. All excavations for building sewer 'installation shall be
adequately guarded with barricades and lights so as to protect the
public from hazard. Streets, sidewalks, park~,~ays, and ether public
property disturbed in the course-of the work shall be restored in a
manner satisfactory to the City.
S~CTI0:: 29-86: USE OF PUBLIC SEWERS
1. Ilo person shall discharge or cause to be discharged any storm
water, surface water, ground water, roof runoff, subsurface drainage,
uncontaminated cooling water, or unpolluted industrial process waters to
any sanitary sewer.
2. Storm water and all other unpolluted drainage shall be dis-
charged to such sewers as are specifically designated as sto~m!, sewers,
or to a natural o,Jtlct approved by the City [ngineer. Industrial
~.~ cooling water or unpolluted process waters may be discharged on approval
~'~ of the City Engineer to a storm sewer or natural outlet.
~!?~:. '3. h'o person shall discharge or cause to be discharged an), of the
fol~lowing described waters or ~astes to any public sewers:
t~i~i '~-
a. Any gasoline, benzene, naphtha, fuel oil, or other
L...~ flammable or explosive liquid, .solid, or gas.
'" b; Any tzaters or wastes containing toxic or poisonous
solids, liquids, or .gases in sufficient quantity, either
~ingly or by interaction with other wastes, to injure or
t,~terfere with any wastewater treatment process, con-
stitute a hazard to humans or animals, create a Public
nuisance, or create ans hazard in the receiving waters of
' the trdatmen~t plant including but not limited to cyanides
in excess of two {2) mg/l as Cn in the wastes discharged
to the public sewer.
c. Any waters or wastes having a p)! lower than (5.5) or
having any 'other corrosive property capable of causing
i.:~t damage or hazard to structures, equip~.ent, and personnel
of the sewage works.
d. Solid or viscou~ substances in quantities or of such si2e
capable of causing ~bstructien to the flow in se~,~ers, or
other interference with the proper operation of the
sewage works such as, but .n~t limited to, ashes, cinders,
sand, mud, straw, shavings, metal, glass, rags, feathers,
tar, plastics, ~.~ood, unground garbage, blood,
paunch manure, hair and fleshings, entrails, and paper
d~hes, cups, .m~lk containers, etc., e~l~her whole or
ground by garbage grinders.
4. Itc person shall discharge or cause to be discharged ~he
following described substance, materials, waters, or wastes if it a~pears l±kely
in the opinion cE the Public Utilities Director that s~ch wastes can
harm either the sewers, wastewater treatment-pr'~cess, or equipment, have :
an ad,~erse effect ~n the receiving stream, or can othen.~ise endanger
life, limb, public property, or constitute a nuisance. In forming his opinion as
to the acceptability of these wastes, the Public Utilities Director will
give consideration of such factors as the quantiti, es subject %.:as~es in
relation to flows and velocities in the sewers, materials of construc-
tion of the sewers, nature of the wastewater treatment process, capacity
of the wastewater treatment plant, degree of treatability of ~.~astes in
the waste',,:ater treatment plant, and other ~ertinent factors. The
substances prohibited are: ·
a. Any liquid or vapor having a temperature higher than one
hundred-fifty degrees Fahrenheit (150°F) (65°C).
b. Any water or waste containing fats, wax, grease, or oils,
whether ~mulsified or not, in excess of one hundred (100)
mg/] or containing substances which may solidify or
become viscous a: t~q~peratures between thirty-two
and hundred f~ft~ degrees-. Fahrenheit (150°F) (0 and
o.ne
65°C).
' ¢. An), garbage that has not been properly shredded. The
installation and operation of an), garbage grinder equipped
with meter of three-fourths (3/4) horsepower (0.7~ hp
metric) or greater shall be subject to the review and
'~' .. approval of the Public Utilities Director.
' d. Any waters or wastes containing strong acid iron pickling
wastes, or concentrated plating solutions whether neutralized
or not.
e. Ar.y waters or wastes containing phenols or oth~er taste-. :
~ or odor-producing substances, <n such concentrations
exceeding limits which may be ,~.stablished by the Public Utilities
Director as necessary after treatment of the composite
~ s(~wage to meet requirements State, Federal', or
the
of
the
other public agencies of jurisdiction for such discharge
to the receiving waters.
f. Any radioactive wastes or isotopes of such half-life or
concentration as may exceed limits 6stablished by the Public
Utilities Director in compliance applicable ~a~e or
with
Federal regulations.
~ g. Any waters or wastes having a pH in excess of (9.5).
] h. Any %,;ater or waste with a chlorine demand greater than
no conditions will the discharge of domestic,
Under
sanitary, industrial, or commercial waste be permitted
into the storm sewer system.
~j J. Haterials ~.~hich exert or cause: .
1. Unusual concentrations of inert suspended solids
~ (such ~s, b~t not limited to, Fullers earth, lime
i ' slurries, and lime residues) or of dissolved solids
~ (such as, but not limited to, sodium chloride and
~'~-' sodium sulfate).
, 2. Excessive discoloration (stch as, but not limited
~'~- to, dye wastes and vegetable tanning solutions).
[,~_ 3. Unusual chemical oxygen denand, or chlorine require-
ment in such quantities as to constitute a significant
on wastewater treatment works.
load
the
K~ 4. Unusual volume of flow or =on~entration of wastes
~ constituting "slugs" and defined herein. '
.~..~.. k. ~!aters ~r wastes containing substances which are not
amenable to treatment by reduction by the wastewater
treatment processes employed, or are amenable to treat-
ment only to such degree that the ~.~astewater treatment
plant effluent cannot meet the requirements of other
agencies having jurisdiction over discharge to the
receiving waters.
~'~ 1. ~aters or wastes containing suspended solids in excess of
~,~ 300 mg/1.
m. Waters or wastes with a five-day, 20-degree Centigrade
DOD greater than 300 mg/l.
15
n. An)' water or waste containing toxic substances in quantities
in excess of the following limits and measured at the
point of discharge into the sewer system:
.. Cyanides 0.01 mt/1
.. Copper. Total 0.5 mg/1
· Chromium, tlexavalent 0.5 mt/1
Chromium, Total 1.0 mg/l
Cadmium 0.5 mt/1
~ Zinc, Total 1.0 mg/i "
~ Sulfides 0.2 mt/1
Detergents 2.0 mg/l
Phosphate, Total .10.0 mt/1
or any substance that will pass through the waste
treat-
ment facilities and exceed the State and Federal require-
merits for receiving waters.
(~. o. Under no conditions shall ~ndustrial or commercial users
discharge the waste from sodium~cycle cation exchange
(water softening) units. An industrial or co~ercial
user identified as having discharged a prohibited waste
or a waste in excess of the allowable limits as estab-
ltshed in Section 29-86 shall pay for all damages or
expenses incurred as a result of that discharge. Ibis
penalty is separate from any other defined in this
ordinance. The continued discharge or prohibited wastes
'shall subject the user to the penalties defined in Section
29-97.
5, If any waters or wastes are discharge, l, or are proposed to be
discharoed to the public sewers° which waters c{mtain the substances or
possess the characteristics enumerated in Paraqraph 4 of this Article, and
which, in the judgn~ent of the Public 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 Public U~ilities Director may:
~ a.' Reject the wastes.
b. Require pretreatment to an acceptable condition for
dj;charge to the public sewers.
c. Retuire control over the quantities and rates of dis-
- charge.
d. Require payment to cover the added cost of handling and
· treating~the wastes not covered by existing fees or sewer
charges.
If the Public Utilities Director permits the pretreatment or
equalization of waste flows, the desiqn and installation of the plants
and equipment shal~ be subject to the review and aPproval'of the Public
Utilities Director and subject to the requirements of all applicable
codes, ordinances, and laws. In addition, any major contributin~
industry as defined by 40 CFR 128.124 shall comply with 40 CFR 128 and
any other regulation as shall from time to time be established by EPA
or other appropriate regulating governmental agency.
6. Grease, oil, and sand interceptors shall be provided when, in the
0p(ni0n of the Public Utilities Director, they are necessary for the
proper handling of liquid wastes containing grease in excessive
amounts of any flammable wastes, sand, or other harmful ingredients;
except that such interceptors shall not be r~quired for private
l~ving quarters or dwelling interceptors ~hall be of a
units.
All
type and capacity approved by the Public Utilities Director and
sha'll be located as to be readily and easily accessible
for cleaning and inspection.
7. Where prt:liminary treatment or flow-equalizing facilities are
pro~ided for. any waters or wastes, they continuously
shall
be
maintained
in satisfactory and effective operation by the 'Owner at his expense. ~
SECTI0~I 29-87: ADMISSION OF INDUSTRIAL AND COMMERCIAL WASTE
1. lhe econ'~my and desirability of the combined treatment of
industrial and commercial wastes and sanitary sewage is recogni:ed.
However, not all types and quantities of industrial and co,m~.,,ercial
wastes can be so treated. It shall be the 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 treatment
works or are not specifically prohibited. In all cases, a special
permit will be issued whic~ will state specific conditions and require-
ments to be maintained. It is also recognized that to provide this
service, additional facilities and/or treatment are required, and the
cost of such must be borne by the user receiving the benefits.
2. Approval is required for the admission of co~ercial or
industrial wastes into the public sewers having:
a. A fiveTday, 20-degree Centigrade COD greater than 300
mg/l or,
b. A suspended solids content greater than 300 mg/]. ·
The user shall provide chemical analyses o'F the discharge according
to a schedule to be established by the City and continued discharge
shall be subject to approval of the City.
3. In order to identify the point sources, all users of the
treatment works wh) are no:,~ discharging industrial or comm~,ercial wastes
to the public se~.Jers shall, upon request of the Public Utilities
Director
or his designated agent, fill in and file with the requesting official
within ninety (90) days, a questionnaire which shal. 1 furnish pertinent dat~
inclusive of quantity of flow and an analysis ¢,f the water di'schar~ed to '
the treatment facility. Further, any person d(.string to make a new
v,'astewater system the pu)'pose of discharging
connection
to
the
for
industrial or com,~ercial wastes to the public ;;ewers shall fill in and
file ~./ith the City officials designated above ~n industrial and com-
merciai'waste que.~,tionn.aire as outlined for existing users.
4. Sample and analysis shall be a 24-hour composite sample,
collected so as to be a representative sample of the actual quality of
the k~astes. Sample 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
Class A, B, or C 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 Examination
of Water an'd Sewage" as published by the American Public Health Service.
5. 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 't can be shown that it is impractical to meet the
schedule imposed in th'Is ordinance. A request for extension must be
submitted in writing to the City official identified in Paragraph 3
above.
6." ~hen required by the Public Utilities Director any new establishment
discharging industrial or cor,.merctal wastes into the sewer system shall
construct and maintain at his expense a suitable control manhole, or
manholes downstrean from any treatment, storage, or other approved
~lorkso to facilitate observation, measurement, and sampling of all
wastes~ including all don~esti¢ sewage from the establishment. The
control manhole or manholes shall be construct.-d at suitable and sat~s-
factory locations and built in a manner approved by the City official
identified in Paragraph 3 above. If any establisk~,~ent wishes to mete'r
its waste Jischar~e into the sewer system to verify in-product water
retention or other uses of metered flow, they may inst~ll a flow metering device
as app~ovect by the Public Utilities Dire(tor or bls designated agent. ?he
control manhole shall be accessible to City personnel at all times for
sampling. All authorized 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 ~.~ith provisions of this ordinance.
SECTIO:I 29-88: ZNDUSTRZAL AND COMMERCIAL WASTE DISCHARGE PERbIITS
A special permit will be required for each industrial, co,ncnercial,
or other type of business %.lhtch is identified a's having other than
domestic %.,'astes or waste from sanitary conveniences. The fixed life of
20
a permit is set for one year from date of issue and a ren'ewed waste
discharge permit ;.:ill have a fixed life of one year. These permits
tn~'olve the implementation of a formula for surcharges for wastes which
exceed the sewage parameters for strength as defined in Section 29-82~pa~agragh 2.
SECTI0:i 29-89: INnT~TRIA~ ANn CO~M, ERCT~T w.5,~m~ nw~Ou~m~ ~UTm APPLICATION
The appl~catlon for a waste discharge permit sha~] be of a form
~pecif~'cd by the Eu~ld~ng Official or h~s designated agent.
This application will define all of the pertinent data concerning ...
the acceptance of industrial ~nd commercial weste flows and will provide
the basis for the issuing of a permit certifi(:ate specifying limitations
on what the user may discharge.
The initial permit shall be effective for a period of one (1) year
only fro~ date ol' issuance and must be renewed annually.
A~ apBlication for an initial permit shall be accompanied by a
check for $50.00 drab.in in favor of "City of Delray Beach" as application
fee.
1. Renewal of Industrial and Commercial ~aste Discharqe Permit:
The application for a renewed waste discharge permit shall be of a form
specified by the Building Official or his designated agent and the
annual renewal application fee shall be the sa~,e as the initial appli-
cation fee.
2. Industrial and Corr~ercial %.1aste Discharae Permit Form: The
form of permit for industrial or commercial wastes shall be as specified
by the Building Official or his designated agent. Specific
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provisos for continued acceptance by the C~t~ of the waste shall be
attached to and made a part of the permit to discharge. The designated
agent may prescribe such items as equalized flow discharge, prechlorination,
or additional limitations on waste characteristics not adequately
d~scribed in this ordinance; or may prescribe pretreatment wastewater
quality requirements for the waste flow in detail.
3. Adminislration of Permits: The administration of the industrial
and.Fo~ercial waste discharge permit program and the application of the
surcharge formula imposes additional obligations on the City. "
The City, in addition to determining the ~aste flow volumes and
analyzing th~ wasSe strengths for development of the surcharge, must
also keep an accu"ate record of the permit applications, permits, meter
installation details, meter calibrations, and must send to each estab-
lishment the necessary renewal application forms in sufficient time to
permit the establishment to com~ly with the City's requirements.
The syste~ of record keeping for industrial or commercial permits
shall be as follows:
A. A ledger sheet for each establishment headed as follows:
1. Name of Industrs/Business
2. Address/Location
3. Type of Pro~ess
4. Initial Permit Application Forms Sent
5. Initial Permit Application Forms Received
6. Discharge Analysis Received ~.
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7. Permit Issued, Date '
8. ~eter Details Received
9. l.leter Details Approved ~ _,
10. Neter Installation Approved
11. Expiration Date of Initial Permit
12. Date Renewal Permit Application Forms Sent
13. Date Renewal Permit Application Forms Received
1~4. Meter Certification Received
15. Analysis Schedule Required . If yes, attach SChedule. "
1G. Renewal Permit Issued, Date
17. Expiration Date of. Renewal Permit
18. .
19.
20. Repeat 12-17 for future renewals.
21.
22.
23. '
A ledger sheet for control of all per~its as follows:
)(a~e of Establishment
Initial Per~it Application For~s Sent
Expiration Date of Initial Permit
Date Rene~,~al Forms to be Sent
Expiration Date of Renewal Permit
Date of I,',enev~al Forms to be Sent ~,
Expiration D~te of Renewal Permit
Date P, enewal Forms to be Sent
Expiration Date of Renewal Permit
Date Renewal Forms to be Sent'
SECTI0~ 29-90: RIGHT OF REFUSAL
The City reserves the ri§hr to refuse waste from any lot or parcel
of land upon %.~hicn there is located any building or activity %.~hich dees.
not comply with this ordinance, utilize City water, supply proper.
metering of its v, aste or is not within its designated service area.
SECTI0~: 29-91: USER CHARGE AND INDUSTRIAL COST RECOVERY SYSTEM
]. A surcharge shall be applied over a~d above the standard sewer
use fee when the wastes from any lot or parcel of land, upon which there
is located any bt~ilding or ac. tivity, contain an abnormally high BOD
~nd/or suspended solids concentration ~s defined in Sectioa 29-87, paragraph
2. Said surcharge in dollars shall 'be computed by the formula(s)
included in the ordinance established for the User Charge and Industrial
Cost Recovery System) as Cha~ter 29 ~ Article IV.
3. All users of the sewage system affected by the above-described
surcharge shall be allowed ninety (90) days in which to comply %.~ith the
provisions of this section.
4. I~othing in Section 29-87 of this ordinance shall restrict the
City of Delray Beach from making additional adjustments in rates if it
is found that the nature or quantity of the waste creates an additional
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burden on the system or if such adjustments are necessary to comply with
regulations of the Florida Department of £nvironmental Regulation or the
U. S. Environmental Protection Agency.
$[CT[0~I 29-92: APPLICATION
The use of City wastewater facilities by ary entity shall subject
that entity to the application of this ordinance.. This shall include,
but not be limited to, wholesale, retail, and lerge agreement users,
whether inside or outside the City limits. :
$£CT]0~: 29-93: AGREEMENTS
lie statement contained in this section sha'.l be construed as
prohibiting any s~ecial agreemen~ or arrangemen': betv~een the City and
any person whereby an industrial or com.mercial waste or unusual strength
or character m~y be addmitt~d into the sanitary ses.~ers for treatment
before or after pretreatment provided a special permit is issued by the
City.
$£CTI6[~ 29-94: PROTECTION FRO~ nAuA~
tJo unauthorized 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 collection system
.25
or treatment facil',ties. Any person violating Lhis provision shall be
subject to in~ediate arrest .
SECTI0~t 29-95: POWER AND AUTHORITY OF INSPECTORS
1. The designated officers of the City, County, or State bearing
proper credentials and identification shall be permitted to enter all
properties for the purposes of inspection, observation, measurement,
s~mpling, and testing in accordance with the provisions of this ordinance.
lhe City officials or his representatives shall have no authority to . ~
inquire into any processes including matallurgical, chemical, oil,
refining, ceramic, paper or other industries b~yond that point ha~ing a
direct bearing on the kind and source of disCh~.rge'to the sewers or
wate~.~ays or facilities for waste treatment.
2. b~ile performing the necessary work c,n private properties
referred to ia Section 29-95., paragraph 1~ above~ duly authorized employees
of the City shall observe all safety rules applicable to the premises
e~tablished by the company and the company shall be held harmless for
injury or death to the City employees and the'City shall indemnify the
company against loss or damage to its property by City employees and
aqainst liability claims and demands for personal injury
or
property
damage asserted against the company and growing out of the gauging
and sampling operation, except as such may be caused by negligence or
failure of the comDanv to maintain safe conditions as required in Sectio~
29-87, paragraph 6.
3. lbo duly authorized employees of the City bearing proper
credentials and identification shall be permitted to enter all private
properties through which tile City holds a duly negotiated' easement for
the purposes of. but not limited to. inspection, observation, measure-
merit, sampling, repair, and maintenance of any portion of the sewage
works lying s.Hthin said easement. All entry and subsequent work, if
any, ok said easement shall be done in full accordance with the terms of
.
the duly negot~ate~ easement pertaining to the private property involved.
SECTI0~t 29-96: REG[TLA. TIONS
Regulations of this Ordinance shall apply-to all users of the sewer .
.
facilities whether inside or outside of the Ci';y limits.
SECTI0~I 29-97.: PENALTIES
~. Any person found to be violating an3 pro.vision of this ordinance except
Section 29-84 shall be served by the City with written notice
stating the nature of the~viol.a, tion and providing a reasonable time
limit for the satisfactory correction thereof. The offender shall,
within the period of time stated in such n~tice, permanently cease all
violations. '
2. Any person ~.:ho shall continue any violation beyond the time
limit provided for in Section 29-97 shall be guilty of a code violation, and
on conviction thereof shall be fined in the amount not exceeding 5,000
dollars for each violation. Each day in which any such violation shall
continue shall be deemed a separate offense.
3. Any person violating any of the provisions of this ordinance
shall beco~,:e liable to the City .for any expense, loss, or damage occasioned
the City by reason of such violation.
SECTION 29-98: HEARING BQARD
A Hearing Board for arbitration of differences between the
City and a sewer user shall be as established in the "User Charge
and Industrial Cost Recovery System", in Chapter 29, Article IV,
Section 29-75(15).
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