84-94 ORDINANCE NO. 84-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53,
"RESIDENTIAL, INDUSTRIAL AND COMMERCIAL WASTE", TO
PROVIDE FOR A CHANGE. OF THE CHAPTER TITLE TO
"SANITARY SEWERS"; TO PROVIDE FOR A NAME CHANGE FOR
THE "FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION"
TO THE "FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION", AMENDING SECTION 53.051, "PROHIBITED
DISCHARGES TO SEWERS", TO PROVIDE FOR ADDITIONAL
MATERIALS WHICH ARE PROHIBITED DISCHARGES INTO THE
CITY'S SEWER SYSTEM; AMENDING SECTION 53.052,
"DISCHARGE OF CERTAIN WASTE RESTRICTED", BY AMENDING
SUBSECTION 53.052(G), TO PROVIDE FOR NEW LIMITS FOR
SUBSTANCES WHICH PASS THROUGH THE WASTEWATER
TREATMENT WORKS; AMENDING SECTION 53.056(B)(1)(e),
"ADMISSION OF INDUSTRIAL AND COMMERCIAL WASTE", TO
PROVIDE FOR A TOTAL TOXIC ORGANIC CONTENT OF GREATER
THAN FIVE MILLIGRAMS PER LITER; AMENDING SECTION
53.080, "COMPLIANCE DATE REPORT", TO PROVIDE FOR ALL
MONITORING ANALYTICAL RESULTS TO BE SUBMITTED TO THE
CITY WITHIN 45 DAYS OF SAMPLE COLLECTION; AMENDING
SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES;
CALCULATION OF SEWER CHARGE", BY AMENDING SUBSECTION
53.130(G)(2), TO PROVIDE FOR A CHANGE IN THE C.O.D.
FROM 600 MG/L TO 475 MG/L; AND TO REVISE THE SAMPLE
CALCULATION; AMENDING SECTION 53.140, "PUBLICATION OF
USERS IN SIGNIFICANT NONCOMPLIANCE", TO PROVIDE FOR
AN ANNUAL PUBLICATION AND AMENDING SECTION 53.140(1),
TO PROVIDE FOR $100.00 FEE TO COVER THE COST OF
PUBLICATION; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AND EFFECTIVE DATE.
WHEREAS, the City Commission, on May 3, 1994, passed and
adopted Ordinance No. 22-94 which authorized the implementation of the
Industrial Pretreatment Program; and
WHEREAS, the United States Environmental Protection Agency
reviewed Ordinance No. 22-94, and provided the City with suggested
changes to bring the City's program into compliance with federally
mandated ~equirements; and
WHEREAS, the City desires to adopt the Environmental
Protection Agency's suggestions pursuant to the comments contained in
a letter to the South Central Regional Wastewater Treatment Plant on
April 21, 1994.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works", Chapter 53,
"Residential, Industrial and Commercial Waste", of the Code of
Ordinances of the City of Delray Beach, Florida, be retitled "Sanitary
Sewers", and the same is hereby amended to read as follows:
Section 53.002 POLICY AND SCOPE.
The policy is established that the provisions of this
chapter will be enforced to the fullest extent possible under the
provisions of Federal Pretreatment Regulations 40 Code of Federal
Regulations, Part 403 and Florida Administrative Code Rules, 17-302,
17-600, 17-604, and 17-610 issued by the Florida Department of
Environmental ~_~ ~¢~$~ "FDEP". The standards set forth
are minimum requirements to insure the general health and welfare of
the public.
Section 53.023 COMPLIANCE WITH STATE DEPARTMENT OF ENVIRONMENTAL
~E~TI~N~ AND OTHER CURRENT REGULATIONS.
The type, capacities, location, and layout of a private
sewage disposal system shall comply with all recommendations of the
State Department of Environmental ~~ ~F~Q_~. No permit
shall be issued for any private sewage disposal system employing
sub-surface soil absorption facilities unless it conforms to all
current regulations. No septic tanks or cesspools shall be permitted
to discharge to any natural outlet.
Section 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
or other material with a closed cup flash point of less than 14Q
degrees ~ahrenheit (60 degrees Celsius), using the test method
specified in 40 C.F.R. 261.21.
- 2 - Ord. No. 84-94
Section 53.052 DISCHARGE 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 degrees
Fahrenheit or causing the wastewater treatment plant influent to
exceed 104 degrees Fahrenheit.
(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
temperatures between 32 degrees Fahrenheit and 150 degrees Fahrenheit
(0 degrees C. and 65 degrees 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 be 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 than 9.5 or having any other corrosive property capable of
causing damage or hazard to structure, equipment, or personnel or
any wastewater treatment works.
(G) Any waste containing restricted substances in
quantities in excess of the following limits and measured at the point
of discharge 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:
- 3 - Ord. No. 84-94
Ail values in milligrams Der liter Cmg/l] except when
otherwise stated.
PARAMETER LIMIT (f~rst level) Maximum Limit
Metals
Antimony 2.0 ~/~
Arsenic 0.9 ~/~
Cadmium ~/~ 0.5 ~/~
Chromium - Hexavalent 0.5 ~/~
Chromium - Total ~/7 3.0 ~/~
Copper 2.00 ~/~
Iron 5.00 ~/~
Lead g/~ 0.9 ~/~
Mercury 0.01 ~/~
Nickel 0.70 ~/~
Selenium 0.25 ~/~
Silver ~/~ 1.0 ~/~
Zinc 2.00 ~/~
Inorganics
Ammonia 50 ~/~/f~¢~y/~ ~00.0'
Chloride 600 ~/~
Cyanide ! ~/~
Cyanide
amenable to
Chlorination 0.5 ~/~
Fluoride 50 ~/~
pH 5.5 to 9.5 Standard Units
Organics
Biological Oxygen
Demand (B.O.D.) 220 ~/~/f~¢~y/~ 500.0*
Chemical Oxygen
Demand (C.O.D.) 440 ~1~1f~¢~¢~1~ ~.000.0,
.Oil and Grease 100 ~/~/f~¢~y/~ 100.0'
Petroleum
Hydrocarbons 25 ~/~
Phenol 5.0 ~/~
Phenolic
Compounds, Total 0.5 ~/~
- 4 - Ord. No. 84-94
Toxic Organic
Compounds, Total ~1~ 5.0 ~/~, No one Parameter
over 1 mg/1
~1~¢~¢~1111~111~1~
Physical
W~ Total
Suspended Solids 175 ~1~1f~¢~¢[1~ ~00.0,
Particle size One-half inch or less
Radioactive
Elements None detectable
*Analytical results between "Limit (first level)" and
"Maximum L&mi~" may be subgect to high strength sewer
surcharge, Results above the "Maximum Limit" will be
considered a violation of the City Ordinance with violators
being published in "Public Notice" in a local newspaper and
levie~ a h&gh strength sewer surcharge (refer to Section
53.130(G)).
Section 53.056 ADMISSION OF INDUSTRIAL AND COMMERCIAL WASTE.
Ail 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:
- 5 - Ord. No. 84-94
(a) A five-day, 20 degrees C. B.O.D. greater than
220 milligrams per liter or chemical oxygen demand (C.O.D.) 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.
(e) A total toxic organic content of greater than
~ ~ milligrams per liter - with no one parameter over 1 milligram 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.
Section 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
pretreatment facilities or method of operation shall be reported to
the City prior to the User's initiation of the changes.
(B) Ail records relating to compliance with pretreatment
standards shall be available to officials of the City, the POTW, EPA,
or FDE~ upon request.
- 6 - Ord. No. 84-94
Seotion 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 requirements are being met on a consistent
basis and, if not, what additional pretreatment is necessary to bring
the User into compliance with the applicable pretreatment standards or
requirements. Ail monitoring analytical results must be submitted to
the City within 45 days of samule collection. This statement shall be
signed by a registered professional engineer authorized to act on
behalf of the User.
Section 53.082 INSPECTION AND SAMPLING.
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, #~g~¢/~ FDEP, and EPA shall have the right to set up
on the User's property those devices as are necessary to conduct
sampling inspection, compliance monitoring, or metering operations.
Where a User has security measures in force which would require proper
identification and clearance before entry into their premises, the
User shall make necessary arrangements with their security guards so
that upon presentation of suitable identification, personnel from the
City, POTW, ~ FDEP, and EPA will be permitted to enter, without
delay, for the purposes of performing their specific responsibilities.
- 7 - Ord. No. 84-94
Section 53.130 USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF I
SEWER SURCHARGE.
(G) Calculation of Sewer Surcharge.
(1) Calculation of the sewer surcharge shall be in
accordance with the following:
Percent of Allowable Level
Parameter Affect on Costs of Sewage Strength
B.O.D.-5 41 220 mg/1 (ppm)
TSS 15 175 mg/1 (ppm)
Ammonia 41 50 mg/1 (ppm)
C.O.D. 41 440 mg/1 (ppm)
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 B.O.D.-5 or C.O.D., 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
calculations utilizing sewer rate and the strength surcharge formula,
assume th9 following with respect to Ajax Manufacturing Company:
total monthly flow of 100,000 gallons; C.O.D. of ~gg 475 mg/1;
B.O.D.-5 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 ~/~ S1.79 per 1,000 gallons:
- 8 - Ord. No. 84-94
(a) Sewer Rate:
$~/~ S1.79/1,000 gallons (100,000 gallons
per month) = $~ S179/month
(b) Sewer Surcharge Calculation:
F1 = 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
(c) -Total Monthly Charge (Sewer Rate plus
Surcharge):
$~ S179/month + $~ S179/month (1.96)
Section 53.140 PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE.
The City shall publish at least one time 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;
- 9 - Ord. No. 84-94
(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 B.O.D., TSS, fats, oils and grease, and 1.2 for all other
pollutants except 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);
(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.
/~ A Sl00.00 fee shall be added to the water kill of a
violator durina the month in which the violation is published in the
newspaper pursuant to subsection 53,~40.
~ That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared ~y 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.
~_9_G_~kI~__~L, That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
- 10 - Ord. No. 84-94
~ That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 18th day of 1994.
ATTEST:
.... JcitY ~l~rk !
First Reading October 4~ 1994
Second Reading October 18, 1994
- 11 - Ord. No. 84-94
I:IT¥ OF DELRI:IV BEI:II:H
CITY ATTORNEY'S OFFICE ~oo ~w .~ ^v~. ~.~¥ .~^~...~o.~,, ~..
FACSIMILE 407/278-4755 ~&~' m ~&~
p~LR)~B~A~ (407) 243-7090
AII.Amed. City
Dago: Sopgombor 30, 1994
1993
To: Cigy Co~ssion
From: David ~. Tolcos, gss~sgang City gttorn~
Subjoct: Ordinanco Rov~s~nq Chapter 53 "Sanitary Sewers"
The proposed ordinance will enact revisions to the City
ordinance regarding sanitary sewers which were mandated by
the EPA following a review of the City's and Boynton Beach's
sanitary sewer ordinances. The revisions are as follows:
1. Substituting the Florida Department of Environ-
mental Protection for the now former Department of
Environmental Regulation.
2. Enacting new limits for metals inorganics and
organics which may be present in sanitary sewer
discharge.
3. Requiring a $100.00 publication fee to be charged
to a violator's water bill during the month the
notice of the violation is published in the
newspaper. This will enable the City to partially
recover the publication costs.
4. Amending the sample calculation for the sewer
surcharge to reflect the correct sewer rate.
The title of the chapter will also be changed to "Sanitary
Sewers." The amendments are requested in order to bring the
City's ordinance in line with EPA requirements and the City
of Boynton Beach's sanitary sewer ordinance. This will help
insure that the discharges processed by the South Central
Regional Water Treatment Plant are under the same
requirements.
Pnss~ct on Is'r' ~[n,oin~.