Ordinance No. 24-24ORDINANCE NO.24-24
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH,FLORIDA,AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH CHAPTER 53,
"SANITARY SEWERS,"SECTION 53.058,"RESERVED,"TO ENACT A
NEW SECTION 53.058,"DENTAL FACILITIES THAT REMOVE OR
REPLACE AMALGAM FILLINGS,"PROVIDING FOR LOCAL
IMPLEMENTATION OF THE EFFLUENT LIMITATIONS GUIDELINES
AND STANDARDS FOR DENTAL CATEGORY ADOPTED BY THE
STATE OF FLORIDA;PROVIDING A CONFLICTS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE;AUTHORITY TO CODIFY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the Effluent Limitations Guidelines and Standards for the Dental Category,Title 40
Code of Federal Regulations (CFR)Part 441,became effective June 14,2017;and
WHEREAS,the State of Florida adopted the Effluent Limitations Guidelines and Standards for the
Dental Category in Rule 625.1 I 0(3),Florida Administrative Code;and
WHEREAS,due the State's adoption,all public utilities within an approved pretreatment program
are now responsible for regulating dental dischargers within their service areas;and
WHEREAS,in addition to regulating dental discharges,service providers are also required to
maintain certain records;and
WHEREAS,in order to comply with 40 CFR Part 441 and Florida Administrative Code Rule 625.11 O,
the City of Delray Beach needs to adopt new requirements for dental facilities that remove or place amalgam
fillings;and
WHEREAS,this Ordinance is enacted pursuant to the home rule powers of the City of Delray Beach
as set forth in Article Vill,Section 2,of the Constitution of the State of Florida,Chapter 166,Florida Statutes,
and other applicable controlling laws;and
WHEREAS,the City Commission deems approval of this Ordinance to be in the best interest of the
health,safety,and welfare of the residents and citizens of the City of Delray Beach and the public at large.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH,FLORIDA,AS FOLLOWS:
Section I.The recitations set forth above are incorporated herein.
Section 2.Chapter 53,"Sanitary Sewers,"Section 53.058,"Reserved,"of the Code of
Ordinances of the City of Delray Beach,Florida,is hereby amended as follows:
Sec.53.058.-RESERVED DENTAL FACILITIES THAT REMOVE OR PLACE AMALGAM
FILLINGS.
Definitions.For the purposes of this Section,the following words and phrases shall be as
defined herein.
D
2)
3)
"Amalgam Separator"is a device that employs filtration,settlement,centrifugation,or
ion exchange to remove amalgam and its metal constituents from a dental office
vacuum system before it discharges to the sewer.
"Amalgam Waste"means and includes non-contact amalgam (amalgam scrap that has
not been in contact with the patient);contact amalgam (including,but not limited to,
extracted teeth containing amalgam);amalgam sludge captured by chairside traps,
vacuum pump filters,screens,and other amalgam trapping devices;used amalgam
capsules;and leaking or unusable amalgam capsules.
"ANSl/ADA Standard No.108"is the American National Standards Institute and
American Dentistry association standard for Amalgam Separators.
ill "Existing Source"is any any facility subject to this Section whose first discharge to
the sewer collection system occurred on or before July 14,2017
ill "ISO 11143"is the International Organization for Standardization's standard for
Amalgam Separators.
(6)"New Source"is any facility subject to this Section whose first discharge to the sewer
system occurs after July 14,2017
B)All owners and operators of dental facilities that remove or place amalgam fillings shall
comply with the following reporting and waste management practices:
D)
2)
3)
(4)
For Existing Sources,the One-Time Compliance Report is due no later than October
12,2024,0r no later than 90 days after transfer of ownership.
For New Sources,the One-Time Compliance Report is due within 90 days of the start
of discharge to the sewer collection system.
No person shall rinse chairside traps,vacuum screens,or Amalgam Separators
equipment in a sink or other connection to the sanitary sewer.
Owners and operators of dental facilities shall ensure that all staff members who
handle Amalgam Waste are trained in the proper handling,management and disposal
of mercury-containing matetial and fixer-containing solutions and shall maintain
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ORD .NO.24-24
training records that shall be available for inspection by the superintendent or designee
during nonna!business hours.
ill Amalgam Waste shall be stored and managed in accordance with the instructions of
the recycler or hauler of such materials.
(6)Bleach and other chlorine-containing disinfectants shall not be used to disinfect the
vacuum line system.
(C)The use of bulk mercury is prohibited.Only pre-capsulated dental amalgam is
permitted.
All owners and operators of dental vacuum suction systems,except as set forth in Subsections
(D)and (E)of this Section,shall comply with the following:
D)
2)
3)
An ISO 11143 or ANSI/ADA Standard No.108 certified Amalgam Separator or
equivalent device shall be installed for each dental vacuum suction system on or before
July 14,2025;provided,however,that all dental facilities that are newly constructed
on and after the effective date of this Ordinance shall include an installed ISO 11143
or ANSI/ADA Standard No.108 certified Amalgam Separator device.The installed
device must be ISO 11143 or ANSI/ADA Standard No.I 08 certified as capable of
removing a minimum of 95 percent of amalgam.The Amalgam Separator system shall
be certified at flow rates comparable to the flow rate of the actual vacuum suction
system operation.Neither the separator device nor the related plumbing shall include
an automatic flow bypass.For facilities that require an Amalgam Separator that
exceeds the practical capacity of ISO 11143 test methodology,a non-certified
separator will be accepted,provided that smaller units from the same manufacturer
and of the same technology are ISO-certified.
Proof of certification and installation records shall be submitted to the Utilities
Director,or designee,within 30 days of installation.
Amalgam Separators shall be maintained in accordance with manufacturer
recommendations.Installation.certification,and maintenance records shall be
available for immediate inspection upon request by the Utilities Director,or designee,
during nonna!business hours.Records shall be maintained for a minimum of three
years.
D)An owner or operator whose facility has a vacuum suction system that meets conditions (I)
through (4)below may apply for an exemption by written letter to the Utilities Director,or
designee.The Utilities Director,or designee,will review the system and,if the exemption is
approved,shall provide a written letter of exemption.
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ORD.NO.24-24
An exemption obtained pursuant to this Subsection shall expire upon installation of a new
vacuum system.Upon expiration of the exemption,the facility shall comply with this Section
before commencing further operation.
ill The system is a dry vacuum pump system with an air-water separator.
ill The sedimentation tank is non-bottom draining,with the drain above the anticipated
maximum level of accumulated sludge.
ill Evidence of regular pump outs by a licensed hauler (a minimum of once a year,or
more often if either directed by the manufacturer or necessary to keep solids from
exiting through the drain)is maintained and open to inspection by the City during
normal business hours.
(A)The system has no direct discharge pipe to the sewer on the bottom of the
sedimentation tank .
(E)Dental dischargers that exclusively practice one or more of the following specialties are not
subject to the requirements of this Section:(1)Orthodontics;(2)Periodontics;(3)Oral and
maxillofacial surgery;(4)Radiology;(5)Oral pathology or oral medicine;or (6)
Endodontistry and prosthodontistry .
(E)Dental practices that do not place dental amalgam,and do not remove amalgam except in
limited emergency or unplanned,unanticipated circumstances,are exempt from the
requirements of this part,provided the dental practice:
ill Submits the following statement to the Utilities Director,or designee,signed by a
responsible corporate officer,general partner,proprietor,or a duly authorized
representative by the applicable compliance deadline identified in Section 53.058(8):
This_facility is a dental discharger subject to this rule and does not place or remove dental
amalgam except in limited emergency or unplanned,unanticipated circumstances.I am a
responsible corporate officer,a general partner or proprietor (ifthe facility is a partnership
or sole proprietorship),or a duly authorized representative in accordance with the
requirements of Florida_Statutes $403.12(l)ofthe above named dental facility,and certify
under penalty o flaw that this document and all attachments were prepared under mv direction
or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information_submitted.Based on my inquiry of the person
or persons who manage the _system,or those persons directly responsible for gathering the
information,the information _submitted is,to the best of my knowledge and belief,true,
accurate,and complete._I am_aware _that_there are significant penalties_for submitting false
information,including the possibility of fine and imprisonment_for knowing violations;
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ORD .NO.24-24
ill Removes dental amalgam for limited emergency or unplanned,unanticipated
circumstances,less than I times per year and as no more that 2%of dental procedures;
and
(G)
ill The dental practice notifies the Utilities Director,or designee,of any changes affecting
the applicability of this certification.
Disposal of hauled wastewater from dental facilities to the sanitary sewer must be
accomplished in accordance with this Section.
Section 3.
repealed.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
Section4.Should any section or provision of this Ordinance or any portion thereof,any
paragraph,sentence,or word be declared by a court of competent jurisdiction to be invalid,such decision
shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to
be invalid.
Section 5.
Section 6.
Specific authority is hereby given to the City Clerk to codify this Ordinance.
That this Ordinance shall become effective immediately upon its passage on second
and final reading.
a;ED AND ADOPTED in regular session on second and final reading on this the /f,4:,day ofa,2024.
ATTE T:
Thomas F.Camey,Jr.,Mayor
Approved as t fo and legal sufficiency:
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First Reading 8//co4
sens@ «sine sjj5/äat
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