22-94 ORDINANCE NO. 22-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REPEALING CHAPTER 53,
"INDUSTRIAL AND COMMERCIAL WASTE", REPEALING CHAPTER
54, "SEWERS", OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, AND ENACTING A NEW CHAPTER 53,
"RESIDENTIAL, INDUSTRIAL AND COMMERCIAL WASTE", TO
PROVIDE FOR: PURPOSE; SCOPE; GENERAL PROVISIONS;
DEFINITIONS; COMPLIANCE; DISPOSAL OTHER THAN THROUGH
REGIONAL FACILITIES; PERMIT REQUIRED FOR BUILDING
SEWERS AND CONNECTIONS; ESTABLISHING CRITERIA FOR
WASTES DISCHARGED 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; REGULATING PRIVATE SEWAGE DISPOSAL;
REGULATING BUILDING AND SEWER CONNECTIONS; PROVIDING
FOR USER CHARGE, CONNECTION CHARGE AND INDUSTRIAL
COST RECOVERY SYSTEM; PROVIDING FOR APPLICATION OF
THIS CHAPTER; PROVIDING A GENERAL REPEALER, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach, as a member of the South
Central Regional Wastewater Treatment and Disposal Board (Board), is
responsible for the regulation of industrial and commercial waste which
is discharged into the wastewater system which connects to this
SCRWTDB's treatment facility; 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
1977 and the General Pretreatment Regulations 40 CFR, Part 403; and
WHEREAS, the regulations adopted herei~ will apply to all
Users of the wastewater system whether inside or outside the City
limits~
WHEREAS, all local government Users shall be required, within
sixty (60) days after enactment of this chapter and notice thereof, to
enact ordinances substantially similar to this chapter and to apply and
enforce the same to all Users of their public and sanitary sewer
systems; and
WHEREAS, in order to comply with the provisions of the Clean
Water Act as well as State and Federal law, the Interlocal Agreement
entered into by the Cities of Delray Beach and Boynton Beach sets forth
the terms and conditions upon which the Cities may discharge wastewater
effluent to the Board's regional 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; and
WHEREAS, the rules and regulations provided herein are
necessary to protect the health, safety and welfare of the citizens of
Delray Beach and the citizens of the local government Users; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 53, "Industrial and Commercial
Waste", of the Code of Ordinances of the City of Delray Beach is hereby
repealed in its entirety and a new Chapter 53, "Residential, Industrial
and Commercial Waste" is hereby enacted to read as follows:
GENERAL PROVISIONS
53.001 Purpose.
The purpose of this chapter is to prescribe procedures for safe and
sanitary collection of sanitary sewage and other liquid wastes, and to
regulate industrial waste pretreatment facilities and discharge of
industrial waste into the Publicly Operated Treatment Works (POTW)
operated by the South Central Regional Wastewater Treatment and Disposal
Board and to provide for pollutant limitations, data collection,
monitoring, and sampling, and to provide for penalties for the violation
of this chapter for the following purposes:
(A) To prevent the introduction of pollutants into the City's
wastewater system which will interfere with the normal operation of the
wastewater collection system or the wastewater treatment plant, or which
will contaminate the resulting municipal sludge;
(B) To prevent the introduction of pollutants into the City's
wastewater collection system which do not receive adequate treatment by
2 ORD. NO. 22-94
the POTW, and which' will pass through the system into receiving waters
or the atmosphere or otherwise be incompatible with the system;
(C) To improve the opportunity to recycle and reclaim wastewater
and sludge from the system.
53.002 Policy And Scope.
The policy is established that the provisions of this chapter will
be enforced to the fullest extent possible under the provisions of
Federal Pretreatment Regulations 40 Code of Federal Regulations, Part
403 and Florida Administrative Code Rules, 17-302, 17-600, 17-604, and
17-610 issued by the Florida Department of Environmental Regulation.
The standards set forth are minimum requirements to insure the general
health and welfare of the public.
53.003 Application Of Chapter.
(A) The use of City wastewater facilities by any entity or local
government shall subject that entity or local government to the applica-
tion of this chapter. This shall include, but not be limited to,
wholesale, retail, and large agreement Users, whether inside or outside
the City limits.
(B) The regulations of this chapter shall apply to all Users of
the sewer facilities of the City whether inside or outside the City,
including all other local governments such as, but not limited to, the
Town of Highland Beach, the Town of Gulf Stream, and contributions from
incorporated or unincorporated agencies of Palm Beach County. Further-
more, all local government Users shall be required, within sixty (60)
days after enactment of this chapter and notice thereof, to enact
ordinances substantially similar to this chapter and to apply and
enforce the same to all Users of their public and sanitary sewer
systems.
53.004 Definitions.
For the purpose of this chapter, all definitions shall be applied
and interpreted in accordance with 40 CFR 403, as amended.
"Act" and "The Act." The Federal Water Pollution Control Act, also
known as the Clean Water Act of 1977, as amended, 33 U.S.C. 1251, et
seq.
"Authorized Representative of Industrial User." An authorized
representative of an industrial User which may be a principal executive
officer-of at least the level of vice-president, if the industrial User
is a corporation; a general partner or proprietor, if the industrial
User is a partnership or proprietorship, respectively; or a duly
3 ORD. NO. 22-94
authorized representative of the individual designated above, if that
representative is responsible for the overall operation of the
facilities from which the indirect discharge originates.
"Board." The Board of Directors of the South Central Regional
Wastewater Treatment and Disposal Board.
"B.O.D. (Denoting Biochemical Oxygen Demand)." The quantity 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." Sewer conveying wastewater from the premises of
a User to the collection system which transmits wastewater to the POTW.
"Capacity Charqe." The charges calculated to cover cost incurred
to have the system available and in good operating condition without
regard to use, which shall include, but not be limited to, costs of
minimum personnel, capital outlay, debt service, insurance, transfers,
reserve requirements, and debt service coverage.
"Categorical Standards." National Categorical Pretreatment
Standards or pretreatment standard.
"Categorical Users." Those commercial/industrial facilities which
by 40 CFR 403 and subsequent amendments shall operate under a Wastewater
Discharge Permit for discharges to the sanitary sewer.
"Chemical Oxygen Demand (C.O.D.)." A measurement of the oxygen
equivalent of the organic matter content of a sample that is susceptible
to oxidation by a strong chemical oxidant using procedures listed in 40
CFR 136.
"City." The City of Delray Beach all that land and water area
included within the boundaries of the "City" in which the Commission
proposes to acquire, establish, construct, extend, operate, and maintain
sanitary sewerage facilities, except as follows:
(1) 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 chapter.
(2) 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 chapter.
"Collection System." The system of public sewers to be operated by
the City and connected to the POTW facilities.
4 ORD. NO. 22-94
"Commodity Ch~rqe." The charges calculated to cover the costs
which vary with the level of service provided, the amount of water
produced or,sewage processed, which shall include, but not be limited
to, costs of personnel to operate the system, electricity, repairs and
maintenance, and operating supplies.
"Compatible Pollutant." A substance amenable to treatment in the
wastewater treatment plant such as biochemical oxygen demand, suspended
solids, pH, and fecal coliform bacteria, plus additional pollutants
identified in the NPDES permit if the publicly owned treatment works was
designed to treat those pollutants, and in fact, does remove the
pollutant to a substantial degree.
"Composite Sample." A series of samples taken over a specific
24-hour time period at intervals not to exceed fifteen (15) minutes in
the waste stream which are combined into one sample. Flow proportional
sampling is mandated unless circumstances do not permit it, then it
shall be time proportional. Samples shall be taken during effluent
discharge times only.
"Cooling Water." The water discharged from any use such as air
conditioning, cooling, or refrigeration, or to which the only pollutant
added is heat.
"Customer ~harge." The charges calculated to cover the costs
incurred in the billing system, which shall include, but not be limited
to costs of meter reading, recording, data processing, billing and
collecting.
"Direct Discharqe." The discharge of treated or untreated waste-
water directly to the waters of the state.
"Director of Public Utilities~ Utilities Directorf or Director."
This refers to the individual in charge of the Department of Environ-
mental Services for the City.
"Discharqe." Means to dispose, deposit, place, emit, unload,
release or cause or allow to be disposed of, deposited, placed, emitted,
unloaded, or released.
"Domestic Wastewater." Wastewater derived principally from
dwellings, commercial buildings, institutions, and industry resulting
from household or toilet waste resulting from. human occupancy. It may
or may not contain ground water, surface water, or stormwater.
"Environmental Protection Agency" or "EPA". The U.S. Environmental
Protection Agency, or where appropriate the term may also be used as a
designation for the Administrator or other duly authorized official of
that agency.
5 ORD. NO. 22-94
"Executive D~rector." The administrative director or his
authorized deputy, agent or representative of the South Central Regional
Wastewater Treatment and Disposal Board. The Executive Director is the
authorized administrative authority of the South Central Regional
Wastewater Treatment and Disposal Board.
"Garbage." 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 a tank. A holding
tank includes but is not limited to the following: vessels, chemical
toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
"Indirect Discharge." The discharge or the introduction of non-
domestic pollutants from any source regulated under Section 307(b) or
(c) of the Act, (33 U.S.C. 1317), into the POTW (including holding tank
waste discharged into the system).
"Industrial or Commercial Waste." The liquid wastes from
industrial, commercial, or institutional processes as distinct from
domestic or sanitary sewage.
"Industrial and Commercial Waste Discharge Permit." A permit
issued to control the process flows from industry, commerce, or institu-
tions that may be discharged into the sanitary sewer system. This
permit is issued in addition to any other types of permits. When
issued, the permit will define the characteristics and volume of the
flow and acceptance or rejection of individual waste components and/or
require high strength waste surcharges.
"Industrial Cost Recovery." Recovery by a federal grantee from the
industrially classified Users of a treatment works of the grant amount
allocable to the treatment of wastes from those Users.
"Industrially Classified User." An industrial or commercial User
whose liquid wastes are, in part, made up of flows related to industrial
processes, as distinct from an industrial or commercial User whose waste
flows are primarily domestic or resulting from human occupancy.
"Industrial User." A source of indirect discharge and discharge of
industrial 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).
6 ORD. NO. 22-94
"Interference.;' The inhibition or disruption of the POTW treatment
processes or operations which contributes to a violation of any require-
ment of the~ NPDES permit or reduces the efficiency of the POTW. The
term also includes prevention of sewage sludge use or disposal by the
POTW.
"Medical Waste." Isolation wastes, infectious agents, human blood
and blood products, pathological wastes, sharps, body parts, contami-
nated bedding, surgical wastes, potentially contaminated laboratory
wastes, and dialysis wastes.
"Milliqrams Per Liter (mq/1)." Milligrams Per Liter shall be
considered equivalent to parts per million.
"Monitorinq Costs." Those costs incurred by the City in performing
monitoring and/or sampling as prescribed by 40 CFR 403.
"National Categorical Pretreatment Standard." Any federal
regulation containing pollutant discharge limits promulgated by the EPA
which applies to a specific category of industrial Users.
"National Pollutant Discharge Elimination System Permit" or "NPDES
Permit." A permit issued pursuant to Section 402 of the Act (33 U.S.C.
1342).
"National Prohibitive Discharqe Standard" or "Prohibitive Discharge
Standard." Any regulation developed under the authority of 307(b) of
the Act and 40 CFR, Section 403.5
"Natural Outlet." Any ditch, canal, stream, waterway, lake, river,
pond, well, gully, or other water body.
"New Source." Any source, the construction of which is commenced
after the publication of proposed Pretreatment Standards under Section
307(c) of the Act, and which conforms to 40 CFR 403(k).
"Pass Through." A discharge of a pollutant from the POTW when such
discharge causes a violation of any requirement of the POTW's NPDES
permit, or a violation of a State or Federal water quality standard or
increases the magnitude or duration of any violation and which is the
result of a User's discharge of the pollutant either alone or in con-
junction with other User's discharges of the pollutant into the POTW. A
User contributes to pass through when the User:
(1) Discharges a pollutant concentration or a daily pollutant
loading in excess of that allowed by the City or by Federal or State
law.
7 ORD. NO. 22-94
(2)_ DisCharges wastewater which substantially differs in
nature and constituents from the User's normal average discharge;
(3) Knows or has reason to know that its discharge, alone or
in conjunction with discharges from other Users, would result in pass
through; or
(4) Knows or has reason to know that the POTW is, for any
reason, violating its final effluent limitations in its NPDES permit and
that such User's discharge either alone or in conjunction with dis-
charges from other Users, increases the magnitude or duration of the
POTW's violations.
"Person." Any individual, firm, company, association, society,
corporation, or group.
"Point Source." The initial point of discharge into the sanitary
sewer system;
"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 radiological integrity of water.
"Pretreatment." The reduction of the amount of pollutants, the
elimination of pollutants, or the alteration of the nature of pollutant
properties in wastewater to a less harmful state prior to or in lieu of
discharging or otherwise introducing those pollutants into a POTW. The
reduction or alteration can be obtained by physical, chemical, or
biological processes, or process changes or by other means, except as
prohibited by 40 CFR Section 403.6(d).
"Pretreatment Requirements." Any substantive or procedural
requirement for treating of a waste prior to discharging or otherwise
introducing the waste into the POTW.
"Pretreatment Standards." National categorical pretreatment
standards or alternative discharge limits, whichever is applicable.
"Properly Shredded Garbaqe." The wastes {rom the preparation,
cooking, and dispensing of food that have been shredded to a degree that
all particles will be carried 'freely under the flow conditions normally
prevailing in public sewers; with no particle greater than 1/2-inch
(1.27 centimeters) in any dimension.
8 ORD. NO. 22-94
"Publicly Owned Treatment Works ...(P.OTW)." In this case, the
regional treatment plant operated by the South Central Regional Waste-
water Treatment and Disposal Board and the collection sewer system owned
and operated separately by the City of Delray Beach.
"Public Sewer." A sewer in which all owners of abutting properties
have equal rights, and which is controlled by public authority.
"Regional Treatment Facilities." The South Central Regional
Wastewater Treatment Plant transmission and disposal facilities as
operated by the South Central Regional Wastewater Treatment and Disposal
Board.
"Replacement." Expenditures for obtaining and installing equip-
ment, accessories or appurtenances which are necessary during the
service life of the treatment process facilities to maintain the
capacity and performance for which those facilities were designed and
constructed.
"Residential Dwelling Unit." Any family living unit, and, where
two or more families are living on the same premises, each shall be
considered as a separate residential dwelling unit. In apartment
buildings, condominiums, cooperatives, duplexes, resort dwelling units,
and the like, and per each trailer space in a trailer park, each living
unit shall be considered a separate residential dwelling unit.
"Sanitary Sewaqe." Any combination of water-carried wastes from
residences, business buildings, institutions and industrial establish-
ments containing animal or vegetable matter or chemicals in suspension
or solution, together with such ground, surface and storm waters as may
be unintentionally present.
"Sanitary Sewer." A sewer which carries sanitary sewage and to
which storm, surface, and ground water are not intentionally admitted.
"Sewage." A combination of the water carried wastes from
residences, business buildings, institutions, and industrial estab-
lishments, together with such ground, surface, and stormwaters as may be
unintentionally present.
"Sewaqe Works." All facilities for collecting, pumping, treating,
and disposing of wastewater including the POTW.
"Sewer." A pipe or conduit for carrying sewage.
"Shall." is mandatory; "May'' is permissive.
"Slqnificant Industrial User ("SIU")." Any industrial User of the
Board Treatment Plant who: has a discharge flow of 25,000 gallons or
9 ORD. NO. 22-94
more per average work day; has a flow greater than 5% of the flow in the
City's collection system; has toxic pollutants in excess of limits
defined pursuant to Section 307 of the Act or Florida Statutes; or is
judged by the POTW, city, state, 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.
"Significant Non-Compliance." Means that violations of this
Ordinance by a User subject to pretreatment standards meet one or more
of the following criteria:
(1) Chronic Violation: 66% or more of all measurements taken
for the same pollutant during a six-month period exceeded (by any
magnitude) the applicable daily maximum limit or the applicable average
limit;
(2) Technical Review Criteria (TRC) Violation: 33% or more
of all measurements taken for the same pollutant during a six-month
period equaled or exceeded the product of the daily average maximum
limit or the average limit times the applicable TRC. (For categorical
pretreatment limitations the TRC equals 1.4 for BOD, TSS and Oil and
Grease; and 1.2 for all other pollutants except pH;
(3) An effluent violation caused interference or pass through
or endangered the health of City personnel or the general public;
(4) A discharge caused imminent endangerment to human health,
welfare or to the environment and resulted in the City exercising its
emergency authority under Section 53.136 of this Ordinance;
(5) Failure to meet a compliance schedule milestone date
within ninety (90) days or more after the scheduled date;
(6) Failure to submit a required report within thirty (30)
days of its due date;
(7) Failure to accurately report non-compliance; or
(8) Any other violation or group of violations which the
Director determines may cause interference or pass through or will
adversely affect implementation of the City's pret~eatment program.
"Slqnificant Violation." A violation that remains uncorrected 45
days after notification of non-compliance; which is part of a pattern of
non-compliance over a twelve-month period; which involves a failure to
accurately report non-compliance; or which resulted in the POTW
10 ORD. NO. 22-94
exercising its emergency authority under Section 403.8 (F)(1)(vi)(B) of
the Act.
"Slug." Any discharge of water, sewage, or industrial waste which
in 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 24-hour concentration of flows during normal
operation.
"Standard Industrial Classification (SIC)." Classification
pursuant to the Standard Industrial Classification Manual issued by the
executive office of the President, Office of Management and Budget, as
amended.
"State." State of Florida.
"Storm Drain" or "Storm Sewer." A sewer that carries stormwater
and surface water, street wash, and other wash waters or drainage, but
excludes domestic wastewater and industrial and commercial waste.
"Stormwater." Any flow occurring during or following any form of
natural precipitation and resulting therefrom.
"Superintendent." The person designated by the POTW to supervise
the operation of the publicly owned treatment works and who is charged
with certain duties and responsibilities by this chapter, or his duly
authorized representative.
"Surcharge." An extra charge levied to a User for treatment of
compatible wastewaters that contain substances in excess of specified
maximum allowable limits.
"Suspended Solids." Solids that are in suspension in water,
sewage, or other liquids and which are removable by laboratory
filtering.
"Toxic Pollutant." Any pollutant or combination of pollutants
listed as toxic in regulations promulgated by the Administrator of the
Environmental Protection Agency under Section 307(a) of the Act, 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.
"Treatment Works." The wastewater treatment plant, interceptors,
force mains, lift stations, and collection systems.
11 ORD. NO. 22-94
"User." Any p~rson who contributes, causes, or permits the contri-
bution of wastewater into the POTW.
: "User Charge" or "User Fee." A charge levied on the Users of the
treatment works for the cost of operation and maintenance of those
facilities and other equitable and necessary charges.
"Wastewater." 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 POTW.
"Wastewater Treatment Plant." Any arrangement of devices and
structures used for treating wastewater, such as the POTW.
"Watercourse." A channel in which a flow of water occurs, either
continuously or intermittently.
53.005 Compliance With Provisions Or More Stringent Regulations.
Public sanitary sewers shall be used as outlined in this chapter or
as required by other regulations promulgated by the City or the POTW
under the authority of this chapter. Where the provisions of this
chapter or such regulation conflict with health agency requirements, the
requirements which are most stringent shall apply.
53.006 Disposal Of Sewage Other Than Through Regional Facilities.
(A) The disposal of sanitary sewage by means other than use of the
available regional treatment facilities shall be in accordance with
city, county, state, and federal law.
(B) The disposal of sanitary sewage to the POTW shall be as
outlined in this chapter.
53.007 Right To Refuse Waste Upon Noncompliance.
The City shall have the right to refuse waste from any User where
wastewater does not comply with this chapter.
53.008 Depositing Objectionable Wastes On Public And Private Property.
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 jurisdiction of the City, any
human excrement, garbage, or other objectionable waste.
53.009 Discharging Into Natural Outlets.
12 ORD. NO. 22-94
It shall be uniawful to discharge to any natural outlet within the
City, or in any area under the jurisdiction of the City, any sewage or
other polluted waters, except where suitable treatment has been provided
in accordance with subsequent provisions of this chapter.
53.010 Privies, Septic tanks~ And Other Facilities.
Except as hereinafter provided in 53.020 through 53.025, 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.
53.011 Suitable Toilet Facilities.
The owners of all houses, buildings, or properties used for human
occupancy, employment, recreation, or other purposes 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 required, at their expense, to install suitable toilet
facilities therein, and to connect those facilities directly with the
proper public sewer, in accordance with the provisions of this chapter,
within ninety (90) days after date of~official notice to do so, provided
that the public sewer is abutting the owner's property within 200 feet
of the building or structure.
53.012 Discharqe Prohibited In Storm Sewer System.
(A) Under no condition shall the discharge of domestic, sanitary,
industrial, or commercial waste be permitted into the storm sewer
system.
(B) Furthermore, any discharge to the storm sewer system not
composed entirely of stormwater is generally prohibited. Unless deter-
mined by the Director to be unacceptable, the following discharges are
excepted from this prohibition: flows from fire fighting, water line
flushing and other contributions from potable water sources, landscape
irrigation and lawn watering, irrigation water, diverted stream flows,
rising groundwater, groundwater infiltration, pumped groundwater,
foundation and footing drains, water from crawl space pumps air condi-
tioning condensation, springs, individual residential car washings,
flows from riparian habitats and wetlands, and dechlorinated swimming
pool discharges.
(C) In case of an accidental discharge, spill, or disposal of
prohibited materials into the storm sewer system the procedures outlined
in sections 53.064, 50.065, and 53.067 of this ordinance shall be
followed.
13 ORD. NO. 22-94
(D) Any discharges to the stormwater system which violate federal,
state, county, or municipal law, rule, regulation or permit are
prohibited. ~ Through regulations or permits, the Director may impose
reasonable limitations on stormwater discharges from sites of industrial
activity, and may order any discharge in violation of such regulations
or permits immediately ceased. Any person having a National Pollutant
Discharge Elimination System (NPDES) permit shall provide a copy to the
Director within 60 calendar days of the effective date of this ordinance
or 60 calendar days after issuance of the permit.
53.013 Damaging Or Tampering With Sewage Works.
No person shall break, damage, destroy, uncover, deface, or tamper
with any structure, appurtenance, or equipment which is part of the
sewage works.
PRIVATE SEWAGE DISPOSAL SYSTEM
53.020 Connectinq Buildinq Sewer To Private Sewaqe Disposal System.
Where a public, sanitary, or combined sewer is not available under
the provisions of 53.011, the building sewer shall be connected to a
private sewage disposal system complying with the provisions of this
subchapter.
53.021 Written Permit To Be Obtained~ Application~ Inspection Fee.
Before the commencement of construction of a private sewage dis-
posal system, the owner shall obtain a written permit signed by the
Chief Building Official. The application for the permit shall be made
on a form furnished by the City which the applicant shall supplement by
any plans, specifications, and other information as are deemed necessary
by the Chief Building Official. A permit and inspection fee of $50 shall
be paid to the City at the time the application is filed.
53.022 County To Inspect Installations.
A permit for a private sewage disposal system shall not become
effective until the installation is completed to the satisfaction of the
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.
53.023 Compliance With State Department Of Environmental Regulation
And Other Current Requlations.
The type, capacities, location, and layout of a private sewage
disposal system shall comply with all recommendations of the State
14 ORD. NO. 22-94
Department of Environmental Regulation. No permit shall be issued for
any private sewage disposal 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.
53.024 Connectinq Private Sewaqe Disposal System to Public Sewer.
When a public sewer is abutting the owner's property and within 200
feet of the owner's building or structure, the building shall be
directly connected to the public sewer within ninety (90) days, and any
septic tanks, cesspools, and similar private sewage disposal facilities
shall be abandoned and filled with clean bank-run gravel or dirt.
53.025 Cost of Makinq Connection.
The city will pay the cost of constructing one sewer tap to the
property line of the person making the connection. Any additional sewer
tap connections will be at the expense of the owner, subject to the
approval of the City Engineer, on an actual cost basis, but which shall
be not less than $250 each, paid to the City by the owner. On all
properties where any building drain is too low to permit gravity flow to
the public sewer, sanitary sewage carried by that drain shall be lifted
by approved artificial means and discharged to the public sewer at no
cost to the City.
53.026 Maintenance Of Private Sewaqe Disposal Facilities.
The owner shall operate and maintain the private sewage disposal
facilities in a sanitary manner at all times, at no expense to the City.
INSTALLATIONS AND CONNECTIONS
53.030 Written Permit Required For Use Of Public Sewer; Application;
Fee.
(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 wastewater is further explained in
this chapter.
15 ORD. NO. 22-94
(C)~. The -applicant for the building sewer connection permit
shall notify the City when the building sewer is ready for inspection
and connection to the public sewer. The connection shall be made under
the supervision of the Chief Building Official or designated City
representative.
53.031 Costs And Expense Of Installation And Connection Of Buildinq
Sewer~ Indemnification.
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.
53.032 Separate Buildinq Sewer Provided For Every Building.
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 con-
structed to the rear building through an adjoining 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 building sewer.
53.033 Use Of Old Buildinq Sewers With New Buildinqs.
Old building sewers may be used in connection with new buildings
only when they are found, on examination and tested by the Building
Official, to meet all requirements of this chapter.
53.034 Buildinq Sewer Specifications.
The size, slope, alignment, materials of construction of a building
sewer, and the methods to be used in excavating, placing of the pipe,
joining, testing, and backfilling the trench, shall all conform to the
requirements of the building and plumbing 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 specifications of the ASTM and WPCF Manual of Practice No.
9, as same may be amended from time-to-time, shall apply.
All connections shall be made gastight and watertight. Any
deviation from the prescribed procedures and materials must be approved
by the Building Department before installation.
53.035 Gravity Flow Of Buildinq Drain To Public Sewer.
Whenever possible, the building sewer shall be brought to the
building at any elevation below any basement floor. In all buildings in
16 ORD. NO. 22-94
which any building ~rain is too low to permit gravity flow to the public
sewer, sanitary sewage carried by that building drain shall be lifted by
an approved.means and discharged to the building sewer.
53.036 Surface Runoff Or Groundwater.
No person shall make connection of roof downspouts, exterior
foundation drains, areaway drains, or other sources of surface runoff or
groundwater to a building sewer or building drain which, in turn, is
connected directly or indirectly to a public sanitary sewer.
53.037 Barricades and Liqhts Around Sewer Excavations.
All excavations for building sewer installations 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.
DISCHARGES TO PUBLIC SEWERS
53.050 Discharge Of Stormwater And Other Unpolluted Drainage.
(A) No person shall discharge or cause to be discharged any
stormwater, uncontaminated cooling water or unpolluted industrial
process waters to the sanitary sewer.
(B) Stormwater and all other unpolluted drainage shall be dis-
charged to 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.
53.051 Prohibited Discharges To Sewers.
No person shall discharge or cause to be discharged any of the
following described waters or wastes to any public sewers:
(A) Flammable or explosive liquids or solids or gas, including but
not limited to, gasoline, benzene, naptha and fuel oil.
(B) Any water or wastes containing~ toxic or poisonous or
pathogenic solids, liquids, or gases in sufficient quantity, either
singly or by interaction with other wastes, to injure or interfere with
any wastewater treatment process, constitute a hazard to humans or
animals, create a public nuisance, or create any hazard in the receiving
waters of the wastewater treatment plant.
17 ORD. NO. 22-94
(C) Solid or ~iscous substances in quantities or of a 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, plastics, wood, unground garbage, whole blood, paunch
manure, hair and fleshings, entrails, paper dishes, cups, and milk
containers.
(D) Medical wastes, except as specifically authorized by the
Department of Environmental Services in a wastewater discharge permit.
53.052 Discharqe Of Certain Wastes Restricted.
No person shall discharge or cause to be discharged to any public
sewer, the below described materials, waters, or wastes (collectively,
the substances) if it appears likely that acceptance of those wastes can
harm the wastewater treatment process or equipment, the public sewers,
the sanitary 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 substances restricted are:
(A) Any liquid having a temperature higher than 150°F or causing
the wastewater treatment plant influent to exceed 104°F.
(B) Any water or waste containing fats, wax, grease, or oils,
whether emulsified or not, in excess of 100 milligrams per liter or
containing substances which may solidify or become viscous at tempera-
tures between 32°F and 150°F (O°C and 65°C) and provided further that
the User complies with the requirements of the City's high strength
sewer surcharge system.
(C) Any waters or wastes containing strong acid, iron, pickling
wastes, or concentrated plating solutions whether neutralized or not.
(D) Any waters or wastes containing phenols or other taste or odor~
producing substances, in a concentration exceeding limits which may bei
established by the POTW as necessary after treatment of the composite+
sewage to meet the requirements of the state, federal, or other public
agencies of Jurisdiction for that discharge to the receiving waters.
(E) Any garbage that has not been properly shredded.
(F) Any water or wastes having a pH lower than 5.5 or higher thanl
9.5 or having any other corrosive property capable of causing damage
hazard to structure, equipment, or personnel or any wastewater treatmentl
works.
(G) Any waste containing restricted substances in quantities in
excess of the following limits and measured at the point of discharge
18 ORD. NO. 22-94
into any sewer system, or any substance that will pass through the
wastewater treatment works and exceed the state and federal requirements
for receiving waters:
Parameter Limit
Metals
Antimony 2.0 mg/1
Arsenic 0.9 mg/1
Cadmium 0.1 mg/1
Chromium - Hexavalent 0.5 mg/1
Chromium - Total 2.7 mg/1
Copper 2.00 mg/1
Iron 5.00 mg/1
Lead 0.69 mg/1
Mercury 0.01 mg/1
Parameter Limit
Nickel 0.70 mg/1
Selenium 0.25 mg/1
Silver 0.43 mg/1
Zinc 2.00 mg/1
Inorganics
Ammonia 50 mg/1 (Surcharge) *
Chloride 600 mg/1
Cyanide 1 mg/1
Cyanide Amenable to Chlorination 0.5 mg/1
Fluoride 50 mg/1
pH 5.5 - 9.5 Standard Units
Organics
BOD 220 mg/1 (Surcharge) *
COD 440 mg/1 (Surcharge) *
Oil and Grease 100 mg/1 (Surcharge) *
Petroleum Hydrocarbons 25 mg/1
Phenol 5 mg/1
Phenolic Compounds, Total 0.5 mg/~
Toxic Organic Compounds, Total 2.0 mg/1, No one Parameter
over 1 mg/1
Total Aldehydes 25 mg/1
19 ORD. NO. 22-94
Physical.
TSS 175 mg/1 (Surcharge) *
Particle Size One-half inch or less
Radioactive Elements None detectable
· Subject to High Strength Sewer'Surcharge (Refer to Section
53.130(G)).
(H) Any waste from sodium-cycle cation exchange (water softening)
units from industrial or commercial Users where the chloride content
exceeds 600 milligrams per liter.
(I) Any water or waste containing suspended solids or color of a
character and quantity that unusual attention or expense is required to
handle those materials at the waste treatment facilities without a
special permit issued by the City.
(J) Any water or waste with a chlorine demand greater than 15
milligrams per liter.
(K) Any radioactive wastes or isotopes or half-life or concen-
tration as may exceed limits established by the POTW in compliance with
applicable state or federal regulations.
(L) Volume of flow or concentration of wastes constituting slugs
as defined in 53.004.
(M) 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 that degree that the
wastewater treatment plant effluent cannot meet the requirement of other
agencies having jurisdiction over discharge to the receiving waters.
(N) Any waters or wastes containing suspended solids in excess
175 milligrams per liter unless the User is approved by the City and
provided further that the User complies with the requirements of the~
City's high strength sewer surcharge.
(O) Any waters or wastes with a five-day, 20°C B.O.D. greater than~
220 milligrams per liter unless the User is approved by the City andl
provided further that the User complies with the requirements of the,
City's high strength sewer surcharge system.
(P) Any waters or wastes containing chemical oxygen demand (COD)i
greater than 440 mg/L unless the User is approved by the City andl
provided further that the User complies with the requirements of the!
City's high strength sewer surcharge system.
20 ORD. NO. 22-94
(Q) Total toxic organics as defined in 40 CFR, Part 413.03[c] are
not to exceed 2.0 mg/1, with no one parameter over 1.0 mg/1.
(R) Any waters or wastes with an ammonia nitrogen content greater
than 50 milligrams per liter unless the User is approved by the City and
provided further that the User complies with the requirements of the
City's high strength sewer surcharge.
53.053 Pretreatment~ Equalization Of Waste Flows.
(A) If any waters or wastes are discharged, or are proposed to be
discharged to the public sewers, which waters contain the substances or
possess the characteristics enumerated in 53.052, 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,
(2) Require pretreatment to an acceptable condition for
discharge to the public sewers,
(3) Require control over the quantities and rates of
discharge, or
(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 cities high strength
sewer surcharge.
(B) If the POTW permits the pretreatment or equalization of waste.
flows, the plans for the design and installation of the equipment shall
be subject to the review and approval of the POTW and the City and
subject to the requirements of applicable codes, ordinances, laws, and
compliance schedules as established by the City. In addition, any major
contributing industry as defined by 40 CFR 403 shall comply with 40 CFR,
403.12 and any other regulation as shall from time-to-time be
established by EPA or other appropriate regulating governmental agency.
53.054 Interceptors.
Grease, otl, hair, lint and sand interceptors are to be provided,
when, in the judgment of the Utilities Director, they are necessary forl
the proper handling of liquid wastes containing grease or any otheri
restricted substance in excessive amounts or any flammable wastes, sand,:
or other harmful ingredients; except that those interceptors shall
be required for private living quarters or dwelling units. All inter-
ceptors shall' be of a type and capacity approved by the City and shalll
be so located as to be readily and easily accessible for cleaning andl
inspection.
21 ORD. NO. 22-94
53.055 Maintaininqi'Flow-Equalizinq Facilities and/or Interceptors For
Waste Pretreatment.
Where waste pretreatment of flow equalizing facilities and/or
interceptors are provided for any waters or wastes, they shall be
maintained continuously in satisfactory and effective operation by the
User at his expense. Use of solvents and/or detergents and/or soaps,
and/or degreasers is restricted to those levels which do not interfere
with the proper functioning of the interceptors. Interceptors like, but
not limited to, grease traps, lint traps, or grit traps must have a
watertight closure for their inspection covers. The covers themselves
must be of a type to conform with the plumbing codes of the City's
Building Department.
53.056 Admission Of Industrial And Commercial Waste.
All Users of the sanitary sewers shall recognize and comply with
the following:
(A) The economy and desirability of the combined treatment of
industrial and commercial wastes and sanitary sewage is recognized.
However, not all types and quantities of industrial and commercial
wastes can be so treated. It shall be the City's policy to admit the
types and quantities of industrial and commercial wastes that are not
harmful or damaging to the structures, processes, or operation of the
sewage works or are not specifically prohibited. In all cases, a
special permit will be issued which will state specific conditions and
requirements to be maintained. It is also recognized that to provide
this service, additional facilities or treatment are required. The cost
of which must be borne by the User receiving the benefits.
(B) (1) Approval in advance by the City is required for the~
anticipated admission into the public sewers of industrial or commercial
wastes having:
a) A five-day, 20°C B.O.D. greater than 220
milligrams per liter or chemical oxygen demand (COD)
greater than 440 milligrams per liter.
b) A suspended solids content greater than 175
milligrams per liter.
c) Ammonia nitrogen greater than 50 milligrams per
liter.
d) An oil/grease content greater than 100 milligrams
per liter.
22 ORD. NO. 22-94
e) A totai toxic organic content of greater than 2
milligrams per liter - with no one parameter over 1
milligrams per liter.
(2) The User shall provide chemical analyses of the
discharge according to a schedule to be established by the POTW and
continued discharge shall be subject to approval of the City.
(C) Samples shall be collected so as to be a representative sample
of the actual quality of the wastes. Samples for analysis may be
collected by the User or his representative. Analysis shall be made by
a registered sanitary engineer or graduate chemist whose qualifications
are acceptable to the City or a wastewater treatment plant operator
licensed and registered in the state, or a water testing laboratory
certified by the state, using the laboratory methods for the examination
of wastewater as set forth in 40 CFR 136.
(D) When required by the Utilities Director, any establishment
discharging industrial or commercial wastes into the sewer system shall
construct and maintain at its sole expense a suitable control manhole or
other suitable control station downstream from any treatment, storage,
or other approved works to facilitate observation, measurement, and
sampling of all wastes including all domestic sewage from the establish-
ment. The location and methods of construction of the control station
shall be approved by the Utilities Director. The control station shall
be maintained by the establishment so as to be safe and accessible at
all times. If any establishment wishes to meter its waste discharge
into the sewer system to verify in-product water retention or other uses
of metered flow, they may, at their sole expense, install a flow-
metering device as approved by the Utilities Director. The control
station shall be accessible to City personnel at all times for sampling.
When required, construction of those facilities shall be completed
within ninety (90) days following written notification by the City.
53.060 Compliance.
(A) Industrial Users shall provide necessary wastewater treatment'
as required to comply with this chapter and shall achieve compliance
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 procedures shall be submitted to the City for review at the
request~of the City. The review of those 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 chapter. Any subsequent changes in the
23 ORD. NO. 22-94
pretreatment.facili~ies or method of operation shall be reported to the
City prior to the User's initiation of the changes.
(B) All records relating to compliance with pretreatment standards
shall be available to officials of the City, the POTW, EPA, or FDER upon
request.
53.061 Application Of More Stringent Requirements~ City Shall Notify
Affected Users.
Upon the promulgation of the national categorical pretreatment standards
or alternative discharge limits for a particular industrial subcategory,
the pretreatment standard, if more stringent than limitations imposed
under this chapter for sources in that subcategory, shall immediately
supersede the limitations imposed under this chapter and shall be
considered part of this chapter. After the City receives notice, the
City shall notify all affected Users of the applicable reporting
requirements under 40 CFR 403.12.
53.062 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 sewage works if deemed necessary to comply with the objectives
presented in this chapter.
53.063 Excessive Discharge/Water Meter Requirements.
(A) All Users are prohibited from increasing the use of process
water or, in any way, attempting to dilute a discharge as a partial or
complete substitute for adequate treatment 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.
(B) All categorical and significant industrial Users are required
to possess their own individual water meter for purposes of monitoring
the water consumption of that specific facility for any given time
interval. At the discretion of the Utilities Director or his Designee
any industrial or commercial User may be required to have a separate
water meter to monitor the water consumption of that specific facility
for any given time interval. The size requirements for a water meter
will be based on known water consumption or the average of three similar
industries or will be determined by the Utilities Director arbitrarily
in the absence of available data. All costs related to the installation
of the water meter shall be born by the User for which it was intended
at the prevailing rate.
24 ORD. NO. 22-94
53.064 Prevention 6f Accidental Discharqes.
(A) Where determined by the Utilities Director, a User shall
provide protection from accidental discharge of restricted and
prohibited materials or other substances regulated by this chapter.
Facilities to prevent accidental discharge of prohibited and restricted
materials shall be provided and maintained at the owner's expense.
(B) Prevention of accidental discharges requires, but is not
limited to, providing secondary containment for storage of potentially
hazardous and/or regulated materials. The containment requirements are
those now specified in, but not limited to, 40 CFR 264.170 through 176,
(City of Delray Beach Code of Ordinance Well Field Protection Ordinances
88-7 Section 5.01 through 5.04), Sections 96.40 through 96.47. Contain-
ment requirements must also meet or exceed the following criteria of
this subchapter:
(1) Containment Volume to be Provided shall be 150% of the
total stored material.
(2) Total Above Ground Storage shall be less than 40,000
gallons. No one item larger than 6,000 gallons and no more than six (6)
items at 6,000 gallons each are permitted at one site.
(3) Storage Sheltering. All outdoor storage shall be
sheltered from rainfall, or a suitable means of removing rainwater from
secondary containment areas shall be provided.
(4) Conditions of the Stored Vessel. All stored containers
shall be maintained in sound condition. No rust, corrosion, or other
signs of deterioration of the primary containment wall shall be
permitted. All stored containers shall be closed and sealed during
storage.
(5) Segregation of Chemically Reactive Contents. Materials
which are potentially reactive with each other shall not be stored in
the same containment area, unless physical barrier separations are
provided within the common area.
(6) Stand-by Materials/Equipment. Absorbents and pumps for
pumping out spills shall be available when needed.
(7) Design of Containment Floor/Base. The floor or base of
the containment area on which the stored vessels'rest shall either be.
sloped or raised or provided with a drain faucet to prevent or minimize.
contact between the storage container wall and spilled content.
(8) Materials of Construction for Containment. The walls,
sidings, and floor or base of the containment area shall be constructed
25 ORD. NO. 22-94
of materials ~which %re chemically inert with the stored materials and
which render the provided containment volume leak proof.
(C) On the request of the City, the User shall be required to
submit detailed plans showing facilities and operating procedures to
provide this protection.. All required Users shall complete this plan
within ninety (90) days after notification by the City. If further
required by the City, a User who commences contribution to the public
sewers after the effective date of this chapter shall not be permitted
to introduce pollutants into the system until accidental discharge
procedures have been approved by the City. Review and approval of those
plans and operating procedures shall not relieve the industrial User
from the responsibility to modify the User's facility as necessary to
meet the requirements.
(D) In the case of an accidental discharge, it is the responsi-
bility of the User to immediately notify by telephone, the Utilities
Director, the Executive Director of the POTW, and the POTW. The notifi-
cation shall include location of discharge, type of material, concen-
tration and volume, and correction actions.
53.065 Written Report Required Describinq Cause Of Discharge.
Within five (5) days following an accidental discharge, the User
shall submit to the POTW and the City a written report describing the
cause of the discharge and the measures to be taken to prevent similar
future occurrences. The notification shall not relieve the User of any
expense, loss, damage, or other liability which may be incurred as a
result of damage to the sanitary or storm sewer system, the POTW, fish
kills, or any other damage to person or property; nor shall the notifi-
cation relieve the User of any fines, civil penalties, or other
liability which may be imposed by this chapter or other applicable law.
53.066 Notice To Employees In Event Of Danqerous Discharqe;
Emerqenc¥ Notification Procedure.
A notice shall be permanently posted on the User's bulletin board
or other prominent place advising employees of whom to call, in the
event of a dangerous discharge. Furthermore, all employers shall ensure
that all employees who may cause a dangerous discharge to occur are
advised of the emergency notification procedure.
53.067 Notification of the Discharqe of Hazardous Wastes.
(A) All Industrial Users shall also have provisions for notifying
the Executive Director of the POTW, the EPA Regional Waste Management
Division Director, and the State hazardous waste authorities in writing
of any discharge into the City Sewer System of a substance which is a
listed or characteristic waste under Section 3001 of RCRA or 40 CFR part
261. Such notification must include a description of any such wastes
discharged, specifying the volume and concentration of such wastes and
26 ORD. NO. 22-94
the type of discharge (continuous, batch, or other), identifying the
hazardous constituents contained in the listed wastes, and estimating
the volume of hazardous wastes expected to be discharged during the
following twelve months. This requirement shall not apply to pollutants
already reported under the self-monitoring requirements.
(B) Dischargers to the sanitary sewer system are exempt from
notification requirements during a calendar month in which they generate
no more than 100 kilograms of hazardous wastes, unless the wastes are
acute hazardous wastes which requires a one-time notification.
Subsequent months during which the industrial User generates more than
one hundred kilograms of hazardous waste do not require additional
notification, except for the acute hazardous wastes specified in 40 CFR
261.5(e), (f), (g), and (j).
(C) In the case of new regulations under Section 3001 of RCRA
identifying additional characteristics of hazardous waste or listing any
additional substance as a hazardous waste, the industrial User must
notify the Utilities Director of the discharge of such substance within
90 days of the effective date of such regulations, except for the
exemption in paragraph (2) of this section.
(D) In the case of any notification made under this section, the
industrial User shall certify that it has a program in place to reduce
the volume and toxicity of wastes generated to the degree it has deter-
mined to be economically practicable and that it has selected the method
of treatment, storage, or disposal currently available which minimizes
the present and future threat to human health and the environment.
REPORTING~ INSPECTIONS~ AND MONITORING
53.080 Compliance Date Report.
Within thirty (30) days following the date for final compliance
with applicable pretreatment standards or, in the case of a new source,
following commencement of the introduction of wastewater into the
public/sanitary sewer system, the User shall submit to the Utilities
Director, a monitoring report indicating the nature and concentration of
all pollutants in the discharge from the regulated process which are
limited by pretreatment standards and requirements and the average and
maximum daily flow for these process units in the User facility which
are limited by those pretreatment standards or requirements. The report
shall state whether the applicable pretreatment standards and require-
ments are being met on a consistent basis and, if not, what additional
pretreatment is necessary to bring the User into compliance with the
applicable pretreatment standards or requirements. This statement shall
be signed by a registered professional engineer authorized to act on
behalf of the User.
27 ORD. NO. 22-94
53.081 Periodic Compliance Report.
Each significant industrial User and/or permittee shall submit to
the City during the months of May and November, unless required more
frequently in the pretreatment standards or by the City, a report
indicating the nature and concentration of pollutants in the effluent
which are limited by those pretreatment standards or this chapter. In
addition, this report shall include a record of daily water consumption
which, during the reporting period, exceeded the average daily water
consumption reported in the submission information. At the discretion
of the City and in consideration of such factors as local high or low
flow rates, holidays, budget cycles, and the like, the City may agree to
alter the months during which the above reports are to be submitted. The
User shall be responsible to quantify that fraction of daily water con-
sumption designated for discharge to the sanitary sewer, if different
from the total water consumption.
53.082 Inspection And SamDling.
The City, through its employees, is authorized to inspect the
facilities of any User to ascertain whether all requirements are being
complied with. Persons or occupants of premises where wastewater is
created or discharged shall allow the City or its representative ready
access at all reasonable times to all parts of the premises for the
purposes of inspection, sampling, records examination, records copying,
or in the performance of their duties. The City, POTW, state DER, and
EPA shall have the right to set up on the User's property those devices
as are necessary to conduct sampling inspection, compliance monitoring,
or metering operations. Where a User has security measures in force
which would require proper identification and clearance before entry
into their premises, the User shall make necessary arrangements with
their security guards so that upon presentation of suitable identifi-
cation, personnel from the City, POTW, DER, and EPA will be permitted to
enter, without delay, for the purposes of performing their specific
responsibilities.
53.083 Information And Data To Be Made Available.
Information and data on a User obtained from reports, question-
naires, permit applications, permits and monitoring programs, and from
inspections shall be available to the public or other governmental
agency in accordance with applicable state statutes or federal law.
WASTE DISCHARGE PERMITS
53.100 -Special Permit Required; Term.
28 ORD. NO. 22-94
A special permit will be required for each Significant Industrial
User, and all other Industrial Users identified as having other than
domestic wastes or waste from sanitary conveniences at the discretion of
the Utilities Director. The fixed life of a permit is set up to five
years from date of issue, and a renewed waste discharge permit will have
a fixed life of up to five years. These permits involve the implementa-
tion of a formula for surcharge for wastes which exceed the sewage
parameters for strength as set forth in 53.050 through 53.055. Permits
shall not be transferred, conveyed, assigned, or sold.
53.121 Application For Permits.
A waste discharge permit program for all of the City's significant
industrial or categorical industrial 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 con-
cerning 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. The Permittee may appeal
specific conditions of the permit for a period of 30 calendar days
following the date of issuance. After this period, the Permittee waives
all right to appeal the conditions of the permit.
(C) The initial permit shall be effective for a period of up to
five years from date of issuance and must be renewed annually by the
applicant in order to continue that waste discharge.
(D) An application for an initial permit shall be accompanied by a
cashier's check for the first year's fees as stated in Section 53.132.
(1) Industrial and Commercial Waste Discharge Permit Form.
The form of permit for industrial and commercial 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 those items as equalized flow
discharge, prechlorination, or additional limitations on waste
characteristics not adequately described in this chapter or may
prescribe pretreatment quality, requirements for the waste flow in
detail.
(2) Renewal of Industrial and Commercial Waste Discharge
Permit. The application for a renewed waste discharge permit shall be
of a form specified by the CitY.
(E) Administration of Permits. ' ~
29 ORD. NO. 22-94
The City,-'in addition to determining the waste flow volumes
and analyzing the waste strengths for development of the surcharge, must
also maintain an accurate record of the permit applications, permits,
meter installation details, meter calibrations, and shall make available
to each establishment the necessary renewal application forms.
USER CHARGE AND INDUSTRIAL COST RECOVERY SYSTEM
53.130 User Charges; Wholesale Sewer Rates~ Calculation Of Sewer
Surcharqe.
(A) There is imposed upon the owners or upon the Users of each
retail and wholesale customer served by the sewer system, a monthly User
charge for the use thereof as follows:
(1) Sewer Rates. A charge for waste resulting from human
occupancy which shall include all of the following factors for the
operation of the collection system and treatment of wastewater by the
regional wastewater facility:
(a) Operation and maintenance
(b) Debt service
(c) Capital costs
(d) System expansion
(e) Others as applicable
Consult Utility Billing for the prevailing rates expressed as $/ 1,000
gallons of water consumption.
(2) Sewer Surcharge. A surcharge for waste which exceeds
parameters for strength established in this code may be assessed to
applicable customers, pursuant to Section 53.130(G).
(B) Connection Charges.
(1) In addition to the rates set forth in S 54.130(D), there
is established a sewer connection charge for each connection to the city
sewage collection system. The sewer connection charge shall be the
actual cost, which has been determined by the Director of Public
Utilities to be $250 for each separate residential unit or commercial
unit where sewer lateral lines exist or $850 for each separate
residential unit or commercial unit where sewer lateral lines are
absent.
(2) Connection charges by users of the city sewage system
wholly outside the corporate-limits of the city are fixed at sums equal
to the rates shown in Section 53.130(B)(1). The connection charge shall
be paid to the city at that time of obtaining a permit for a connection
30 ORD. NO. 22-94
and shall be in addition to the permit fee. The size of the connection
shall be determined by the Plumbing Inspector in accordance with
Articles 7.6..and 7.7 of the Land Development Regulations.
(a) For purposes of the application of the above-
mentioned connection charges, the City shall be divided into two
districts:
(1) District No. 1 shall comprise all of the areas
presently in the corporate limits of the City, except for that area
described below.
(2) The second district shall be known as the
Southeast Interceptor and Force Main District which shall be adopted by
reference and made a part hereof.
(b) In those portions of District No. 1 where sanitary
sewers re available, the connection charge herein established shall be
applicable to all connections made after march 31, 1969. In the
portions of District No. 1 where no sanitary sewers are available, those
properties shall not be subject to the connection charge provided they
are connected to the sanitary sewer within 60 days after acceptance of
their particular collection system as operational by the Commission. If
any person obtains a connection permit prior to either of the above
deadlines, no connection charge shall be made during the life of the
permit which shall be 30 days.
(c) In the Southeast Interceptor and Force Main
District, all improved properties presently in the city as of January
22, 1969, shall be charged in accordance with Section 53.130(B)(2)(b)
above. All properties located in this district which are improved after
January 22, 1969, shall be immediately subject to the connection charges
levied herein.
(d) All properties annexed to the corporate limits of
this City after March 31, 1969, shall be subject to the connection
charges herein established and Section 53.130(B)(2)(b) and (c) above
shall not be applicable to those properties.
(e) For purposes of this section improved property is
that upon which a building is located, and for which a certificate of
occupancy has been issued.
(C) Exceptions to connection charge. Any Structures that would
ordinarily be subject to the connection charges set forth above shall be
exempt .if:
(1) The structure is in a development in which the owner or
developer at his expense has constructed and turned over to the City,
31 ORD. NO. 22-94
permanent sewer treatment, or transmission facilities adequate to serve
that property and is a party to the Southwest Developers Agreement or
the Northwest Developers Agreement or the structure is in a development
that is at least 25% complete on January 31, 1977. For the purposes of
this section, the meaning of the word development shall include but not
be limited to structures,.units or interests that are offered as a part
of a common promotional plan of advertising and sale.
(2) As to a particular structure, all permits including but
not limited to building permits, water and sewer permits, have been
issued not later than January 24, 1978, and the meter installations and
water connection for those structures occur not later than July 24,
1978.
(3) The exceptions created herein shall not apply to any
permit issued prior to January 31, 1977; only those structures for which
permits are issued subsequent to January 31, 1977, and which otherwise
meet the above criteria, shall be exempt from the connection charges.
(D) The following rates and charges shall be collected from the
users of the city sewerage system:
(1) Residential dwelling units. A monthly sanitary sewerage
service charge is imposed upon each residential dwelling unit, as more
specifically set forth hereinafter, to which sanitary sewerage service
is available through the facilities afforded by the municipally-owned
sewerage system, according to the following schedule:
Inside Outside
Residential City City
~ (~) Capacity
charge (per
residential
dwelling unit) ~8~,~'3~ ~'~//,~_~
~c% ~ Commodity
charge (based
on metered water
with maximum of
I~O00-.LO-,-04~ gallons):
City _(per
gallons>
Inside Outside
Residential City City
South Central
32 ORD. NO. 22-94
t° t~e e&n£~&~ ee~e~ e~e~e~, ~n~ se~e~ ee~£¢e £e ~£~b~e ~o~
'~No~:~here no.~water__s~c~e is pro_3i~ed, there/stu~3~-b~ m~nthly
c~s~6mer~ and the
c~oditf the maximum of ~ gallons.
--%~'~-~ R*~ (2)Nonres idential/co~ercial units. A monthly sani~ar~
sewer service charge is imposed upon
each
co~ercial
and
nonresiden%ia~
unit to which sanitary sewage service is available through the
facilities afforded by the municipally-owned sewerage system, according
to the following schedule:
Nonresidential / I ns ide Outs ide
Commercial City City
C,.&'~ c~s~-~,~,-- ~ /.c,,o ~.~
(a) Capacity
charge (per meter):
3/4- ~
m~%er! _,, j~ ~_ $ ~~3~f $ 8.75
~~ ~ ,~3
1-1/2 inch meter ~~ ,~ 19.62 ~.
2-inch meter ~~ Zo.~F 35.07
3-inch meter ~///, ~; 78.60 /~~
6-inch meter 2~5 ~g,V~
(b) Co~odity charge
(based on 90% of
metered water):
City (Der 1.000
(3). Sewerage flow determination. The number of gallons of
monthly sewerage flow for residential and nonresidential/commercial
units shall be based upon the water usage for those units as indicated
by a water meter, unless a customer installs at no cost to the City a
separate meter to measure the actual sewerage flow from the subject
unit. A separate meter may be used to measure actual sewerage flow for
the calculation of charges only-when the location, installation, and
type of meter have been approved by the City Manager or his designee.
(4) When effective. The initial rates for charges shall be
effective the first day of the month following the date when the system
is constructed, certified for use by the consulting engineer, and
accepted by the City.
(E) No sewer service shall be furnished or rendered free of charge
to any person whomsoever, and the city, county, state, and the United
States of America, and every agency, department, and instrumentality
thereof, except where the City Water and Sewer Fund is the user, which
uses any sewer service from the sewerage system, shall pay therefore at
the rate fixed herein this subchapter.
(F) Wholesale Sewer Rates.
(1) This section is applicable to those wholesale customers
which maintain their own wastewater collection systems. They shall be
charged a flat rate per 1,000 gallons, the quantity of which shall be
determined by the metering of the wastewater discharge from each whole-
sale customer's individual wastewater collection system.
(2) The metering device shall be satisfactory to the City and
shall provide for a separate remote 30-day recording device which shall
have a totalizer. Location of the metering device shall be at an
accessible location as agreed upon by the parties involved and as
further explained and stipulated in an agreement to be executed by both
parties.
(3) All costs incident to the furnishing, installation,
initial calibration, and maintenance on a continuing basis of the meter,
are and shall be, the wholesale customer's responsibility. The whole-
sale customer will provide to the City or its designated representative
full details on the proposed meter installation and assurance that the
installation will commence only upon the written authorization of the
City. The City shall provide an authorization ~ithin ten (10) days
after receipt by the City of the details of the above proposed meter
installation.
(4) The meter shall be read monthly by a duly authorized
agent of the City, and the wholesale customer shall provide access to
the meter for this purpose. In the event of suspected inaccuracy in
34 ORD. NO. 22-94
meter readings, the~City shall have the right to request that the meter
be tested by an independent organization in accordance with standard
practices. Jif the meter shall be found inaccurate or defective, the
cost of the meter test shall be borne by the wholesale customer. If the
meter shall be found to be accurate and in good condition, the cost of
the meter test shall be borne by the City.
(5) In the event of extenuating circumstances, the Commission
may, at its discretion, direct that sufficient proof other than the
installation of a metering device may be acceptable to determine the
quantity of wastewater discharge.
(G) Calculation of Sewer Surcharge.
(1) Calculation of the sewer surcharge shall be in accordance
with the following:
Percent of Affect Allowable Level of
Parameter on Costs Sewage Strength
BOD-5 41 220 mg/1 (ppm)
TSS 15 175 " "
Ammonia 41 50 " "
COD 41 440 " "
Oil/Grease 41 100 mg/1 (ppm)
Let:
F = F1 + F2 + F3 + F4
Where:
F = The factor to multiply the sewer rate for a
surcharge due to excess strengths.
F1 = the strength factor for BOD-5 or COD, whichever
is higher.
F2 = the strength factor for TSS (total suspended
solids)
F3 = the strength factor for ammonia (total ammonia)
F4 = the strength factor for oil/grease
(2) The surcharge will be added to the sewer rate to develop
the monthly cost per customer. As an example of sewer charge calcula-
tions utilizing sewer rate and the strength surcharge formula, assume
the following with respect to Ajax Manufacturing Company: total monthly
35 ORD. NO. 22-94
flow of 100,000 gallons; COD of 600 mg/1; BOD5 of 500 milligrams per
liter; total suspended solids of 900 milligrams per liter; Ammonia at
100 mg/1;OiL{Grease at 200 mg/1; Prevailing monthly sewer rate is $1.52
per 1,000 gallons
(1) Sewer Rate:
$1.52/1000 gallons (100,000 gallons/month) =
$152/month
(2) Sewer Surcharge Calculation:
Fi = 0.41 (500-220) = 0.52
220
F2 = 0.15 (900-175) = 0.62
175
F3 = 0.41 (100-50) = 0.41
50
F4 = 0.41 (200-100) = 0.41
100
F = 0.52+0.62+0.41 + 0.41 = 1.96
(3) Total Monthly Charge (Sewer Rate Plus Surcharge):
$152/month + $152/month (1.96) = $ 449.92
('80 Code, 29-74)
(H) All statements for sewer service shall be submitted monthly on
the same statement as the charges for water service and shall be due and
payable at the same time as the statement for water services; however,
the charge for sewer service shall be made a separate item thereon.
Nonpayment of these charges shall render the user subject to the
provisions of S 52.51 provided for nonpayment of water bills as now or
hereafter established by the ordinances of this city. The owner of the
property being serviced by city sewer shall be responsible for all
charges against that property for sewer use, unless otherwise prohibited
by law. Charges for delinquent accounts shall include collection costs
and reasonable attorney fees.
53.131 Application Of Surcharqe Over Standard Use Fee.
(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 B.O.D.,Oil/Grease, C.O.D.,
36 ORD. NO. 22-94
ammonia, or suspended solids concentration higher than defined in 53.050
through 53.056.
(B) The surcharge in dollars shall be computed by the formulas
included in this subchapter established for the User charge and
industrial cost recovery system.
Computation of Surcharges will be based on effluent analyses
at a frequency determined by the User's water consumption as follows:
(1) Monthly effluent analyses for water usages at more
than 100,000 gallons per month
(2) Semi annual effluent analyses for water consumption
less than 100,000 gallons per month
Surcharges will remain in effect until a new effluent analysis
is required or changed based on interim analyses by the User using a
Certified Water Testing Laboratory at the User's expense.
Sewer Surcharges will be separately billed on the utility bill
prepared monthly for each User of the treatment works. Surcharges shall
be subject to prevailing regulations and penalties for late payments or
nonpayment. Reimbursements of Surcharge related monitoring expenses
initiated by the City of Delray Beach are required in accordance with
Section 53.132 (B)(2).
(C) Nothing in this chapter 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
those adjustments are necessary to comply with regulations of the State
Department of Environmental Regulation or the United States Environ-
mental Protection Agency.
53.132 Industrial Cost Recovery System.
(A) There is imposed upon all Users of each industrially and
commercially classified property served by the sewer system an annual
cost recovery assessment.
(B) The annual cost recovery is as follows (See also 53.101):
(1) SIU Industrial Permit Fee-S500.00 plus.monitoring costs.
(2) Commercial/Industrial User Fee-S50.00 plus monitoring
costs
37 ORD. NO. 22-94
Permit Fees~, Commercial/Industrial User Fees and related
monitoring cost reimbursements shall be paid within thirty (30) days of
Permit issuance or receipt of Monitoring Cost Recovery Notice.
Commercial/Industrial User Fees will be separately billed on the
utility bill . The fee will be prorated over a 12-month period,
resulting in a monthly charge of $4.17.
(C) SIU Industrial Permit Fees and Commercial/Industrial User
Fees shall be prorated for existing permit holders and Users upon
enactment of this Ordinance.
53.133 Review And Amendment on Annual Basis.
This subchapter shall be subject to review and revision on the
minimum of an annual basis, and the City reserves the right to modify
this subchapter or any parts thereof at any time or from time-to-time.
53.134 Notice Of Violation~ Liability For Expense~ Loss~ Or Damaqe.
Any person violating any of the provisions of the subchapter shall
become liable to the City for any expense, loss, or damage occasioned
the City by reason of that violation.
ADMINISTRATION
53.135 Right To Enter Premises And Obtain Information Concerninq
Discharqes.
(A) To the extent permitted by general law, the proper official
and other duly authorized employees of the City or the POTW bearing
proper credentials and identification shall be permitted to enter all
properties for the purposes of inspection, observations, measurement,
sampling, and testing in accordance with the provisions of this chapter.
The official or his representatives will not inquire into any processes
including metallurgical, chemical, oil, refining, ceramic, paper, or
other industries beyond that point having a direct bearing on the kind
and source of discharge to the sewers or waterways or facilities for
waste treatment.
(B) To the extent permitted by general law, the proper official
and other duly authorized employees of the City or the POTW bearing
proper credentials and identification shall be pgrmitted 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 that easement.
38 ORD. NO. 22-94
53.136 Suspension Of Wastewater Treatment Service; Notice To Stop
Discharge; Failure To Comply.
(A) The City may suspend the wastewater treatment service to any
User, including other local governments, when the suspension is
necessary, in the opinion of the Utilities Director, in order to stop an
actual or threatened violation which presents or may present an imminent
or substantial endangerment to the health or welfare of persons or the
environment, causes interference to the POTW, caused the POTW to violate
any condition of its NPDES permit, or causes the City to be in violation
of any of its agreements with the POTW.
(B) Any User notified of a suspension of the wastewater treatment
service shall immediately stop or eliminate the contribution. In the
event the User fails to voluntarily comply with the suspension order,
the City shall take steps as deemed necessary, including immediate
severance of the sewer connection, to prevent or minimize damage to the
City or POTW systems or endangerment to any individuals. The City may
reinstate the wastewater treatment service upon proof of the elimination
of the noncomplying discharge. A detailed written statement submitted
by the User describing the causes of the harmful contribution and the
measures taken to prevent any future occurrence shall be submitted to
the City within fifteen (15) days from the date of the occurrence.
53.140 Publication of Users in Significant Noncompliance
The City shall publish annually, in the largest daily newspaper
published in the City a list of the industrial users which, during the
previous 12 months, were in significant noncompliance with applicable
pretreatment standards and requirements. The term significant
noncompliance shall mean:
(A) Chronic violations of wastewater discharge limits, defined
here as those in which sixty-six percent (66%) or more of wastewater
measurements taken during a 6-month period exceed the daily maximum
limit or average limit for the same pollutant parameter by any amount;
(B) Technical Review Criteria (TRC) violations, defined here as
those in which thirty-three percent (33%) or more of wastewater
measurements taken for each pollutant parameter during a 6-month period
equals or exceeds the product of the daily maximum limit or the average
limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats,
oils and grease, and 1.2 for all other pollutants 9xcept PH);
(C) Any other discharge violation that the City believes has
caused, alone or in combination with other discharges, interference or
pass through (including endangering the health of City personnel or the
general public);
39 ORD. NO. 22-94
(D) Any discharge of pollutants that has caused imminent
endangerment to the public or to the environment, or has resulted in the
City's exercise of its emergency authority to halt or prevent such a
discharge;
(E) Failure to meet, within 90 days of the scheduled date, a
compliance schedule milestone contained in a wastewater discharge permit
or enforcement order for starting construction, completing construction,
or attaining final compliance;
(F) Failure to provide within 30 days after the due date, any
required reports, including baseline monitoring reports, 90 day
compliance reports, periodic self-monitoring reports, and reports on
compliance with compliance schedules;
(G) Failure to accurately report noncompliance;
(H) Any other violation(s) which the City determines will
adversely affect the operation or implementation of the local
pretreatment program.
VIOLATIONS; REMEDIES
53.150 Notification of Violations.
Whenever the City finds that any User has violated or is violating
any of the provisions of this chapter, or any prohibition, limitation of
requirements contained herein, or any regulations promulgated by the
City pursuant to this chapter, the City may serve upon that User a
written notice stating the nature of the violation. Within 30 days of
the date of the notice, a plan for the satisfactory correction thereof
shall be submitted to the City by the notified User.
53.151 False Statements Of Documents Prohibited.
No person shall knowingly make any false statements, repre -
sentation, or certification in any application, record, report, plan, or
other document filed or required to be maintained pursuant to this
chapter; or falsify, tamper with, or knowingly render inaccurate any
monitoring device or method required under this chapter.
53.157 Show Cause Hearinq.
(A) Any User subject to enforcement action u~der the provisions of
this chapter may request a hearing before the Director of Utilities
within ten days of receipt of notification of proposed enforcement
action. The imposition of a surcharge is not considered an enforcement
action. A hearing is to be held by the Director of Environmental
Services concerning the violation, the reasons why the action is to be
40 ORD. NO. 22-94
taken, the proposed'-enforcement action, and directing the User to show
cause before the Director of Environmental Services why the proposed
enforcement .action should not be taken.
(B) The Director of Environmental Services may conduct the hearing
and take the evidence, or, at the Director of Environmental Service's
sole discretion, may designate any officer, City employee, or indepen-
dent arbitrator to:
(1) 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 that hearing;
(2) Take evidence and hear testimony (the strict rules of
evidence shall not apply to any hearing);
(3) Transmit a report of the evidence and hearing including
transcripts and other evidence, together with recommendation to the
Director of Environmental Services for action thereon.
(C) At any hearing held pursuant to this chapter, testimony taken
must be under oath and recorded. A transcript of the hearing will be
made available to any member of the public or any party to the hearing
upon payment of the usual charges.
(D) After the Director of Environmental Services has reviewed the
evidence, he may issue an order to the User responsible for the dis-
charge 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 existing treatment facilities, and that those devices or
other related appurtenances are properly operated. Further orders and
directives as are necessary and appropriate may be issued.
(E) The City shall also establish and assess against the User
appropriate surcharges or fees to reimburse the City for the additional
cost of operation and maintenance of the wastewater treatment works due
to the violation of this chapter.
(F) Any action by the Director of Environmental Services may be
appealed to the City Manager.
53.153 Legal Action Aqainst Use For Appropriate Relief.
If any person discharges sewage, industrial wastes, or other wastes
into the City's wastewater disposal system contrary to the provisions of
this chapter, 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, in the appropriate court which has
41 ORD. NO. 22-94
jurisdiction;, and t6 the extent permitted by law, shall seek recovery of
all City costs and expenses related to those actions against the User by
the City.
53.154 Retention Of Records Required.
All Users are required to retain and preserve for no less than
three (3) years, any records, books, documents, memoranda, reports,
correspondence, and any and all summaries thereto, relating to moni-
toring, sampling,waste hauling and chemical analyses made by or on
behalf of a User in connection with its discharge. All records which
pertain to matters which are the subject of administrative adjustment or
any other enforcement or litigation activities brought by the POTW or
the City pursuant hereto shall be retained and preserved by the User
until all enforcement activities have concluded and all periods of
limitation with respect to any and all appeals have expired.
53.500 Enforcement Plan.
An escalating enforcement strategy shall be used by the City to
maintain compliance with this Ordinance. The various types of enforce-
ment actions shall be used as determined by the Director of Utilities in
consultation with Code Enforcement Division or the City Attorney
depending on the type or severity of the violation. A copy of the
enforcement plan will be kept on file at the POTW.
53.999 Penalties.
(A) Any User who is found to have violated an Order of the City or
who fails to comply with any provision of this chapter for which another
penalty is not provided, and the orders, rules, and regulations issued
hereunder, shall be penalized up to $1,000 per day for each offense.
Each day on which a violation shall occur or continue shall be deemed a
separate and distinct offense. In addition to the penalties provided
herein, the City may recover all reasonable attorneys' fees, court
costs, court reporters' fees, and other expenses of litigation by
appropriate motions or suit at law against the User or person found to
have violated this chapter or the orders, rules, regulations, and permit
issued hereunder.
(B) Any person who shall continue any violation beyond the time
limit provided for in 53.150 shall be guilty of a violation, and on
conviction thereof, shall be penalized in the amount not exceeding
$5,000 for each violation. Each day in which any violation shall
continue shall be deemed a separate offense.
(C) Within 30 days of any and all violations, the User shall cause
a sample of the discharge to be taken and laboratory analysis performed
on said sample at their expense with the results to be provided to the
42 ORD. NO. 22-94
Utilities Director. The Utilities Director may require further
sampling at such times as deemed appropriate.
(D) Whoever violates Section 53.151 shall, upon conviction,
be punished by a fine of not more than $1,000.00 or by imprisonment
for not more than sixty (60) days, or by both.
"Sewers" of the Code of
Section 2. That Chapter 54, ,
Ordinances of the City of Delray Beach is hereby repealed in its
entirety.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become eflective ten
(10) days after its passage on second and final reading.
PASSED MD ADOPTED in regular session on second and final
reading on this the 3rd-day of May, 1994.
ATTEST:
~ity Cl~k -
First Reading April 12~ 1994
Second Reading May 3~ 1994
43 ORD. NO. 22-94
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITeM # /OD - M~TING OF MAY 3, 1994
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 22-94/
REGULATION OF RESIDENTIAL, INDUSTRIAL AND COMMERCIAL
WASTE
DATE: APRIL 28, 1994
This is second reading and public hearing for Ordinance No. 22-94
which repeals Chapter 53, "Industrial and Commercial Waste", and
Chapter 54, "Sewers", of the Code of Ordinances, and enacts a new
Chapter 53, "Residential, Industrial and Commercial Waste".
The purpose of this ordinance is to prescribe procedures for safe
and sanitary collection of sanitary sewage and other liquid wastes,
to regulate industrial waste pretreatment facilities and discharge
of industrial waste into the Publicly Operated Treatment Works
(POTW) operated by the South Central Regional Wastewater Treatment
and Disposal Board, and to provide for pollutant limitations, data
collection, monitoring and sampling, and to provide penalties for
violation of the chapter. Adoption of the ordinance will bring the
City into compliance with Federal (Environmental Protection Agency)
regulations regarding industrial pretreatment.
At first reading on April 12, 1994, the Commission passed Ordinance
No. 22-94 by unanimous vote.
Recommend approval of Ordinance No. 22-94 on second and final
reading.
ref:agmemoll
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY NIANAGER
SUBJECT: AGENDA ITEM $ /~ - MEETING OF APRIL 12. 1994
ORDINANCE NO. 22-94
DATE: APRIL 8, 1994
This ordinance repeals Chapters 53 and 54 of the Code of Ordinances
and combines them into a new Chapter 53, "Residential, Industrial and
Commercial Waste".
The p~ovisions o~ %his ordinance ~egula%es disposal o£ was%e ~rom
residential, industrial and commercial buildings in compliance with
Environmental Protection Agency requirements.
Approval of this ordinance will bring the City into compliance with
current EPA regulations.
MEMORANDUM
TO: David T. Harden, City Manager ~
FROM: William H. Greenwood, Environmental Services Director
SUBJECT: FIRST READING OF PROPOSED ORDINANCE NO. 22-94
DATE: April 7, 1994
Ordinance No. 22-94 revises Chapter 53 of the Code of Ordinances
to bring the City into compliance with Federal (Environmental
Protection Agency) regulations regarding Industrial Pretreatment;
repeals Chapter 54 of the Code of Ordinances in its entirety;
and, incorporates surcharges for the following parameters:
o Ammonia o Oil and Grease
o Biochemical Oxygen Demand
o Total suspended solids
o Chemical Oxygen Demand
We estimate that the surcharge will generate $70,000.00 per year
in revenues and keep most restaurants in compliance with
Environmental Protection Agency (EPA) requirements.
On March 11, 1994, the EPA performed their annual inspection of
the South Central Regional Wastewater Treatment and Disposal
(SCRWTD) Plant to check for compliance with EPA requirements.
This inspection also included Boynton Beach's and Delray Beach's
Industrial Pretreatment programs.
Five areas of concern were found:
o The proposed Ordinance to revise Chapter 53 of the Code
of Ordinances had not adopted, as previously
recommended by the EPA.
o A slug control plan needs to be added on the existing
inspection check lists for industrial users.
(Completed)
o An Enforcement Response Plan needs to be developed and
implemented. (Completed)
o Provide average total water use and process flow (GPD)
for each industrial user operating under permit.
(Completed)
o Publish a list of permitted facilities which have
significantly violated their industrial user permit
requirements between July and December 1993. Typical
violations include discharge of effluent exceeding
permit limits or late submittal of monitoring results.
(Completed; will be published in the Palm Beach Post on
April 8, 1994.)
The list of violators are as follows:
o Delray Community Hospital - Failure to comply with
reporting requirements of Title V, Chapter 53.085(A).
They were forty five (45) days late submitting their
report and analyses.
o Elite Platinq - Polishinq, Inc. - Failure to comply
with reporting requirements of Title V, Chapter
53.085(A). They failed to turn in reports and analyses
for 1993.
o Silver Platinq of Delra¥ Beach - Failure to comply with
reporting requirements of Title V, Chapter 53.085(A).
They were thirty four (34) days late submitting their
report and analyses.
Once we receive certification that this permittee has removed all
chemicals from this location and has ceased all plating
operations using cyanide compounds, their permit will be deleted.
o Solid Waste Authority of Palm Beach County - Discharges
to sewer in violation of the standards of Title V,
Chapter 53.085 (A). They exceeded the total iron
discharge requirement.
Solid Waste uses raw well water to clean floors and equipment.
The total iron content in this water ranges from 1.5 to 4.7 parts
per million (p.p.m.). They are in the process of correcting this
situation by placing an iron removal system on their well water
supply. Additionally, the existing standard of three (3) p.p.m.
for iron is entirely too low. If adopted, the proposed
Ordinance, provides for an increase in the allowable amount of
iron to 10 p.p.m, parts per million.
Messrs. Harvey Vick, Environmental Analyst for Delray Beach and
Willie Williams, Industrial-Commercial Wastewater Co-ordinator
for SCRWTD Board negotiated a thirty (30) day grace period to
correct the five deficiencies; therefore, a "Notice of Violation"
was not issued by EPA. Our deadline, set by EPA, to correct
deficiencies is April 15, 1994.
As indicated, four of the five (5) deficiencies have been
corrected. The only remaining item is the implementation of
Ordinance No. 22-94.
Recommend City Commission approval of Ordinance No. 22-94, on
first reading.
WHG/cl
Attachment
PUBLIC NOTICE
PUBLIC NOTICE OF SIGNIFICANT VIOLATIONS OF
SECTION 307 OF THE FEDERAL CLEAN WATER ACT
Listed below are industrial or commercial users in significant
noncompliance with the requirements for industrial or commercial users
who discharge to the South Central Regional Wastewater Treatment
Facility. These violations occured during the six month reporting period of
July 1993 through December 1993. Publication of this notice complies
with the requirements of 40 CFR 403.8(f)(2)(vii).
Delray Community Hospital, 5352 Linton Blvd., Delray Beach, FL,
VIOLATION: Failure to comply with reporting requirements of Title V,
Chapter 53.085(A), current City Ordinance of Delray Beach [Chapter
53.060(A), proposed City Ordinance of Delray Beach] and 40CFR403.12
Federal Regulations. Discharges to sewer in violation of the standards of
Title V, Chapter 53.085(A), current City Ordinance of Delray Beach
[Chapter 53.060(A), proposed City Ordinance of Delray Beach] and
40CFR403.5(d) Federal Regulations.
Elite Platin,q-Polishin.q, Inc., 2858 Georgia St., Delray Beach, FL,
VIOLATION: Failure to comply with reporting requirements of Title V,
Chapter 53.085(A), current City Ordinance of Delray Beach [Chapter
53.060(A), proposed City Ordinance of Delray Beach] and 40CFR403.12
Federal Regulations.
Silver Platin.q of Delray, 784 N. Federal Highway, Delray Beach, FL,
VIOLATION: Failure to comply with reporting requirements of Title V,
Chapter 53.085(A), current City Ordinance of Delray Beach [Chapter
53.060(A), proposed City Ordinance of Delray Beach] and 40CFR403.12
Federal Regulations.
Solid Waste Authority of Palm Beach Co., 1901 SW 4th Ave., Delray
Beach, FL, VIOLATION: Discharges to sewer in violation of the standards
of Title V, Chapter 53.085(A), current City Ordinance of Delray Beach
[Chapter 53.060(A), proposed City Ordinance of Delray Beach] and
40CFR403.5(d) Federal Regulations.