DIVISION 3. WASTEWATER COLLECTION AND … ii - st. petersburg city code chapter 27 - utilities article iii. - sewers and sewage disposal division 3. wastewater collection and treatment

PART II - ST. PETERSBURG CITY CODE

Chapter 27 - UTILITIES

ARTICLE III. - SEWERS AND SEWAGE DISPOSAL

DIVISION 3. WASTEWATER COLLECTION AND TREATMENT

St. Petersburg, Florida, Code of Ordinances Page 1


Sec. 27-302. Definitions and abbreviations.

Sec. 27-303. Purpose, objectives and policy.

Sec. 27-304. Legal proceedings.

Sec. 27-305. Additional penalties; falsification.

Sec. 27-306. POD.

Sec. 27-307. General sewer use requirements; sampling and analytical requirements and pretreatment of wastewater.

Sec. 27-308. Fees.

Sec. 27-309. Administration and permitting.

Sec. 27-310. Reporting requirements and retention of records for industrial wastewater discharge permit holders and other industrial users.

Sec. 27-311. Entry, inspection and monitoring.

Sec. 27-312. Administrative enforcement and abatement.

Sec. 27-313. Affirmative defenses to discharge violations.

Sec. 27-314. Transported liquid waste regulations and procedures.

Secs. 27-315—27-331. Reserved.

Sec. 27-302. Definitions and abbreviations.

(a) Definitions. For the purposes of this division, the following phrases and words shall have the meaning assigned below except in those instances where the content clearly indicates a different meaning:

Act or the Act, otherwise known as the Clean Water Act or the Federal Water Pollution Control Act, means that act enacted by Public Law 92-500, October 18, 1972, 33 USC 1251, et seq.; as amended by PL 95-217, December 28, 1977; PL 97-117, December 29, 1981; PL 97-440, January 8, 1983; and PL 100-04, February 4, 1987, and as may be amended from time to time.

Approval authority means the State department of environmental protection or its successor agencies.

Authorized representative or duly authorized representative means an authorized representative of an industrial user or liquid waste hauler as follows:

(1) A president, secretary, treasurer or vice president of a corporation in charge of a principal business function or any person authorized to perform similar policy or decision making functions for the corporation.

(2) A manager of one or more manufacturing, production or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment






recommendations, to initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; and to ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(3) A general partner or proprietor if the industrial user is a partnership or sole proprietorship respectively.

(4) A highest official appointed or director appointed or designated to oversee the performance and operation of the discharging government facility, if the industrial user is a federal, state or local governmental entity.

(5) A duly authorized representative of a person indicated in paragraphs (1)—(4) above provided such authorization has been made in writing on a prescribed authorization form submitted to the POD and the authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates or having overall responsibility for environmental matters for the discharge facility.

Best management practices (BMPs) means schedules of activities, prohibitions of practices, maintenance procedures and other management practices to implement the prohibitions listed in subsections 27-307(a) and (d). BMPs include, but are not limited to, treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

Biochemical oxygen demand (BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Celsius, expressed in terms of milligrams per liter (mg/l).

Bypass means the intentional diversion of wastestreams from any portion of a user's treatment facility.

Carbonaceous biochemical oxygen demand (CBOD) means the quantity of oxygen utilized in the carbonaceous biochemical oxidation of organic matter present in water or wastewater in five days at 20 degrees Celsius, expressed in terms of milligrams per liter (mg/l), using standard laboratory approved procedures.

Categorical industrial user (CIU) means an industrial user subject to categorical pretreatment standards under Rule 62-625.410, F.A.C., including 40 CFR Chapter 1, Subchapter N, Parts 405 through 471.

Chemical oxygen demand (COD) means a measure of the oxygen required to oxidize organic matter and oxidizable inorganic compounds in water.

Combined wastestream formula (CWF) means a procedure for calculating alternative discharge limits at industrial facilities where a regulated wastestream from a categorical industrial user is combined with other wastestreams prior to treatment or discharge as provided for in 40 CFR 403.6(e) and F.A.C. 62-625.410(6).

Control authority means the City.

Conventional pollutant means as defined in 40 CFR 401.16; these include BOD, TSS, fecal coliform bacteria, oil and grease and pH for which the POTW is designed to treat and, in fact, does remove to a substantial degree.

Cooling water means:






(1) Uncontaminated. Water used for cooling purposes only which has no direct contact with any raw material, intermediate, or final product and which does not contain a level of contaminants detectably higher than that of the City's potable water except for heat.

(2) Contaminated. Water used for cooling purposes which may become contaminated either through the use of water treatment chemicals used as corrosion inhibitors or biocides, or by direct contact with process materials and/or wastewater.

Daily maximum means the arithmetic average of all effluent samples for a pollutant collected during a calendar day.

Dilute wastestream, for purposes of the combined wastestream formula, means the average daily flow (at least 30-day average) from:

(1) Boiler blowdown streams, noncontact cooling streams, and demineralized backwash streams, provided, however, that where such streams contain a significant amount of a pollutant, and the combination of such streams, prior to treatment, with the industrial users regulated process wastestream will result in a substantial reduction of that pollutant, the POD, upon application of the industrial user may exercise discretion to determine whether such stream should be classified as diluted or unregulated. In its application, the industrial user must provide engineering, production, sampling and analysis, and such other information as required;

(2) Sanitary wastestreams where such streams are not regulated by a categorical pretreatment standard; or

(3) Any wastestreams in which:

a. The pollutants of concern are not detectable in the effluent from the industrial user.

b. The pollutants of concern are present only in trace amounts and are neither causing nor likely to cause toxic effects.

c. The pollutants of concern are present in amounts too small to be effectively reduced by current technologies.

d. The wastestream contains only pollutants which are compatible with the POTW.

Domestic sewage means human excrement and grey water (household showers, dishwashing operations, etc.).

Environmental Protection Agency or EPA means 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 such agency.

Existing source means any source of discharge that is not a new source.

Hazardous waste means any material having the characteristics identified under or listed pursuant to section 3001 of RCRA and listed in 40 CFR 261.

Holding tank waste means any waste from holding tanks, e.g., chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.

Indirect discharge or discharge means the introduction of pollutants into the POTW from any nondomestic source regulated under section 307(b), (c) or (d) of the Act.

Industrial user means any nondomestic user of the POTW identified in the North American Industry Classification System, 1997, Office of Management and Budget, as may be amended or supplemented from time to time.






Industrial wastewater discharge permit (IWDP) means a permit issued by the City which authorizes the discharge of industrial wastewater into the POTW by a significant industrial user.

Instantaneous maximum limit means the maximum allowable concentration of a pollutant determined from the analysis of any grab or composite sample collected regardless of the industrial flow rate or the duration of the sampling event.

Interference means a discharge which, alone or in conjunction with discharges from other sources:

(1) Inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; or

(2) Causes a violation of any requirement of any permit held by the POTW, including an increase in the magnitude or duration of a violation, or prevents sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder or more stringent State or local regulations: section 405 of the Act, (33 USC 1345), the Solid Waste Disposal Act (SWDA), RCRA, and State regulations contained in any State sludge management plan prepared pursuant to title D of the SWDA) the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act or any other applicable federal or State legislation or regulation.

Lower explosive limit (LEL) means the minimum concentration of combustible gas or vapor in air that will ignite.

Local limit means a specific discharge limit developed and enforced by the City upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b) and subsection 27-307(a).

Mass emission rate means the weight of material discharged to the POTW during a given time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of the particular constituents or combination of constituents.

Maximum allowable concentration means the maximum permitted amount of a specified pollutant in a volume of water or wastewater.

National categorical pretreatment standard or categorical pretreatment standard or categorical standard means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Act which applies to existing or new industrial users in specific industrial subcategories as listed in 40 CFR 403 appendix C and contained in separate regulations established by the EPA under the appropriate subpart of 40 CFR ch. 1, subch. N, pts. 401 through 471 and adopted by reference in F.A.C. ch. 62-625.200.

National pollution discharge elimination system or NPDES permit means a permit issued to a POTW pursuant to section 402 of the Act (33 USC 1342).

New source means:

(1) Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

a. The building, structure, facility or installation is constructed at a site at which no other source is located;

b. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or






c. The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.

Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection (1)b or c of this definition but otherwise alters, replaces, or adds to existing process or production equipment; or

(2) Construction of a new source has commenced if the owner or operator has:

a. Begun, or caused to begin, as part of a continuous onsite construction program:

1. Any placement, assembly, or installation of facilities or equipment; or

2. Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

b. Entered into a binding contractual obligation for the purchase of facilities or equipment which is intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss and contracts for feasibility engineering, and design studies do not constitute a contractual obligation under this subsection.

Non-significant categorical industrial user (NSCIU) means an industrial user that discharges 100 gallons per day (gpd) or less of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and:

(1) Has consistently complied with all applicable categorical pretreatment standards and requirements;

(2) Annually submits the certification statement required in 62-625.600(17), F.A.C., together with any additional information necessary to support the certification statement; and

(3) Never discharges any untreated categorical process wastewater.

North American Industry Classification System means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1987, as amended or supplemented.

Notify means written notice which is delivered by certified United States mail, return receipt requested.

Pass through means a discharge that exits the POTW to receiving waters of the United States or to the reclaimed water system, sludge or deep well injection system in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources is a cause of a violation of any requirement of any permit held by the POTW, including an increase in the magnitude or duration of a violation.

pH means a quantitative expression for acidity or alkalinity of an aqueous solution. Theoretically pH = log(base 10)cH, where cH is the concentration of hydrogen ions in grams per liter. Scale ranges from 0 to 14, pH 7, being neutral; less than 7, acid; more than 7, alkaline.






Pollutant means 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, or agricultural waste or substance discharged into water.

Pollution means the manmade or man-induced alteration of the chemical, physical, biological or radiological integrity of water.

Premises means a parcel of real estate or portion thereof including any improvements thereon which is determined by the POD to be a single user for purposes of receiving, using and paying for sewer services.

Pretreatment means 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 or concentration prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 CFR 403.6(d) and F.A.C. 62-625.410(5). Appropriate pretreatment technology includes, but is not limited to, control equipment, such as equalization tanks or facilities for protection against surges or slug discharges that might interfere with or otherwise be incompatible with the POTW. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with F.A.C. 62-625.410(6).

Pretreatment requirement means any substantive or procedural requirement related to pretreatment.

Pretreatment standard means any regulation containing pollutant discharge limits to a POTW promulgated by the EPA, State or City. This includes, but is not limited to, categorical standards and the general and specific prohibitive discharge limits established pursuant to 40 CFR 403.5, F.A.C. 62-625.400, and the City's local limits. Where EPA, the State and the City have established a pretreatment standard for a specific pollutant, the most stringent standard shall apply.

Process wastewater means any water which, during manufacturing or processing, comes into direct contact with or results from the production of or use of any raw material, intermediate product, finished product, byproduct, or waste product.

Prohibited discharge standards or prohibited discharges means absolute prohibitions against the discharge of certain substances generally indentified in section 27-307(a).

Publicly-owned treatment works (POTW) means a treatment works as defined by section 212 of the Act which is owned by the City. The term "publicly-owned treatment works" includes any devices and systems used to pump, store, treat, recycle, and reclaim municipal sewage or industrial wastes of a liquid nature. The term "publicly-owned treatment works" also includes public sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this chapter, the term "POTW" also includes any sewers that convey wastewaters to the POTW from persons outside the City who are users of the POTW by contract or agreement with the City.

Reclaimed water means water that has received at least secondary treatment and is reused after flowing out of a wastewater treatment plant.

Regulated wastestream means an industrial process wastestream regulated by a national categorical pretreatment standard.

Sample means a representative part of a larger whole which can be presented as evidence of quality. Samples are recognized depending on the collection method as follows:






Flow proportional composite sample means a sample consisting of a minimum of 12 discrete sample aliquots collected proportional to the flow rate of the liquid being sampled over the compositing period and combined to form a representative sample. Two methods may be used to collect this type of sample. One method collects equal volume aliquots at time intervals which vary based on the stream flow. The other method collects aliquots of varying volume, based on stream flow, at constant time intervals.

Grab sample means an individual sample collected from a wastestream in less than 15 minutes without regard for flow or time.

Time proportional composite sample means a sample consisting of a minimum of 12 equal volume, discrete sample aliquots collected at equal time intervals over the compositing period and combined to form a representative sample.

Sanitary sewer service area of the City means the area defined and illustrated in the sanitary sewer subelement of the comprehensive plan.

Septic tank waste means any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

Severe property damage means substantial physical damage to property, damage to treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

Significant industrial user (SIU) means any industrial or commercial user of the City's POTW who:

(1) Is subject to categorical pretreatment standards under F.A.C. 62-625.200(3);

(2) Has a process wastewater discharge flow of 25,000 gallons or more on any given work day to the POTW;

(3) Has an average consumption of potable water of 25,000 gallons or more per work day, excluding multiple-dwelling units, single-family residences or other purely domestic users;

(4) Contributes a wastestream which makes up five percent or more of the average dry weather hydraulic or organic (BOD, TSS, etc.) capacity of the treatment plant; or

(5) Has a discharge which, in the judgment of the control authority or the approval authority, may reasonably be expected to have a significant adverse impact either singly or in combination with other contributing industries on the wastewater treatment system, the quality of sludge, the system's reclaimed water quality or air emissions generated by the system, or has the potential to endanger the POTW employees.

The POD may determine that an industrial user subject to categorical pretreatment standards is an NSCIU rather than an SIU provided such user meets the criteria established for the definition of NSCIU in section 27-302(a). In accordance with 40 CFR 403.3(t)(2) and F.A.C. 62-625.200(20)(c), the control authority may, at any time, on its own initiative or in response to a petition received from a user that meets any of the criteria in subsections (2) through (4) of this definition, re-evaluate the historical wastewater pollutant data, violation history, chemical inventory, inspection reports and any other pertinent information pertaining to that user. If this re-evaluation process establishes that the user has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, then the control authority, in accordance with procedures in 40 CFR 403.8(f)(6), and F.A.C. 62-625.500(2)(e), may determine that such user should not be considered a significant industrial user.






Significant noncompliance (SNC) means an SIU shall be in significant noncompliance when any one or more of the following criteria are satisfied:

(1) Chronic violations of wastewater discharge limits when 66 percent or more of the measurements taken during a six-month period exceeding by any magnitude, the maximum limit, average limit or instantaneous limit, if applicable, for the same pollutant parameter;

(2) Technical review criteria (TRC) violations when 33 percent or more of the measurements for each pollutant parameter taken during a six-month period equal or exceeding the product of the maximum limit, average limit or instantaneous limit, if applicable, multiplied by the applicable TRC:

a. For conventional pollutants, TRC equals 1.4 or 40 percent over the limit;

b. For all other pollutants, TRC equals 1.2 or 20 percent over the limit;

(3) When the SIU fails to respond within ten days of receipt of a notice of violation (NOV) issued by the director;

(4) When the SIU fails to accurately report noncompliance;

(5) When the SIU reports false information;

(6) When the SIU intentionally or negligently violates a permit condition or requirement;

(7) When the SIU refuses to permit entry to the POD for inspection;

(8) When any violation occurs that the POD reasonably believes has caused, alone or in combination with other discharges, interference (e.g., slug loads) or pass through; or endangered the health of the POTW employees or the general public;

(9) When any discharge occurs which causes imminent endangerment to human health, welfare or to the environment or results in the POTW's use of its emergency authority to halt or prevent such a discharge;

(10) When violations of IWDP or other required compliance schedules occur such as, but not limited to, failure to start or complete construction, or failure to attain final compliance by the compliance schedule date;

(11) When periodic compliance reports, baseline monitoring reports or other required reports are not received by the POD within 45 days after the due date; or

(12) When any violation or group of violations, which may include a violation of best management practices, occurs which may reasonably be expected to have a significant adverse impact on the operation or implementation of the pretreatment program, the wastewater treatment system, the quality of sludge, the system's reclaimed water quality or air emissions generated by the system, or has the potential to endanger the POTW employees.

Significant violation means any violation or group of violations of an industrial user's IWDP which establishes significant noncompliance.

Slug or slug loading means any pollutant, including conventional pollutants, released in a discharge at a flow rate, level, or concentration which may reasonably be expected to cause interference with the operation of the treatment works. Discharges may be of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge.

Spill containment plan means a detailed plan showing facilities and operating procedures to provide protection from accidental discharge.






Stormwater means any flow occurring during or following any form of natural precipitation and resulting therefrom.

Suspended solids means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids and which is removable by laboratory filtering.

Total toxic organics (TTO) means the summation of all quantifiable values, greater than 0.01 milligrams per liter, of toxic organic substances identified by the NPDES regulations contained in 40 CFR 122, appendix D, table II.

Toxic pollutant means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of section 307(a) of the Act or 40 CFR 401.15 or other laws.

Treatment plant means that portion of the POTW designed to provide treatment, including recycling and reclamation, of municipal sewage and industrial waste.

Treatment works means any devices or systems used in the storage, treatment, disposal, recycling or reclamation of domestic sewage or industrial wastes of a liquid nature including interceptor sewers, outfall sewers, sewage collection systems, reclaimed water systems, injection wells, pumping, power or other equipment and appurtenances; extensions, improvements, remodeling additions or alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; any works, including land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment; and including sanitary sewer systems.

Unregulated wastestream means, for purposes of the combined wastestream formula, a wastestream that is not regulated by a national categorical pretreatment standard and is not considered a dilute wastestream.

Upset means an exceptional incident in which there is unintentional and temporary noncompliance with pretreatment standards because of factors beyond the reasonable control of the user. The term "upset" does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

User means any person who directly or indirectly discharges, causes or permits the discharge of wastewater into the POTW.

Violation means any incident or condition which fails to comply with requirements stated in the user's IWDP, which fails to comply with pretreatment requirements or which fails to comply with the terms of this chapter.

Waste means sewage and any and all other substances, liquid, solid, gaseous or radioactive, associated with human habitation or of human or animal origin or from any producing, manufacturing or processing operation of whatever nature, including such substances placed within containers of whatever nature prior to and for purposes of disposal.

Wastewater means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions and any other source, whether treated or untreated, which is contributed to or permitted to enter the POTW.

Wastewater constituents and characteristics means the individual chemical, physical, bacteriological and radiological parameters, including volume and flow rate and such other parameters that serve to define, classify or measure the contents, quality, quantity and strength of wastewater.






Waters of the State means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the State or any portion thereof.

Zero discharge industrial facility means an industry which may be identified by the control authority as a significant industrial user, as defined herein, which has voluntarily elected not to discharge any of its process wastewater, as defined herein, to the sanitary sewer system, but to dispose of it by other legal means.

(b) Abbreviations. The following abbreviations shall have the designated meanings:

BMP means best management practices.

BOD means biochemical oxygen demand.

CBOD means carbonaceous biochemical oxygen demand.

CFR means the Code of Federal Regulations.

CIU means categorical industrial user.

COD means chemical oxygen demand.

DEP means the Florida Department of Environmental Protection.

DOH means the Florida Department of Health.

DOHELCP means the Florida Department of Health Environmental Laboratory Certification Program.

EPA means the U.S. Environmental Protection Agency.

F.A.C. means Florida Administrative Code.

IWDP means industrial wastewater discharge permit.

l means liter.

mg means milligrams.

mg/l means milligrams per liter.

NAICS means the North American Industry Classification System.

NPDES means National Pollutant Discharge Elimination System.

NSCIU means non-significant categorical industrial user.

POD means person officially designated as defined in section 1-2 of the Code.

POTW means City-owned treatment works.

RCRA means the Resource Conservation and Recovery Act, 42 USC 6901 et seq.

SWDA means the Solid Waste Disposal Act, 42 USC 6901 et seq.






TRC means technical review criteria.

TSS means total suspended solids.

TWDP means Transported Waste Discharge Permit.

USC means the United States Code.

(Code 1992, § 27-206; Ord. No. 296-G, § 1, 10-7-1997; Ord. No. 345-G, § 1, 9-24-1998; Ord. No. 67-H, §§ 1—3, 2-21-2013)

Sec. 27-303. Purpose, objectives and policy.

(a) Purpose. This chapter establishes limitations and prohibitions on the quantity and quality of wastewater which may be lawfully discharged into the City-owned treatment works, hereinafter referred to as POTW. Pretreatment of some wastewater discharge is required to achieve the goals established by this and the Clean Water Act of 1977 as amended, hereinafter referred to as the Act.

The specific limitations set forth in section 27-307(d) and other prohibitions and limitations of this chapter are subject to change as necessary to enable the City to provide efficient wastewater treatment to protect the public health and the environment and to meet requirements contained in the Act and the general pretreatment regulations contained in 40 CFR 403 and F.A.C. ch. 62-625. The POD shall administer, implement and enforce the provisions of this division and shall periodically review the provisions and limitations to ensure that they are sufficient to protect the operation of the POTW, to enable the treatment works to comply with applicable State and federal law, to provide a cost-effective means of operation of the treatment works, to provide cost effective opportunities to recycle and reclaim the treatment works' sludge and effluent, and to protect the public health and the environment. The POD shall recommend changes or modifications as necessary.

(b) Objectives. The objectives of this division include but are not limited to:

(1) Preventing the introduction of pollutants into the POTW which will interfere with the operation of the treatment works or contaminate the resulting sludge or reclaimed water.

(2) Preventing the introduction of pollutants into the POTW which may pass through any treatment plant inadequately treated into receiving waters, injection wells, sludges, reclaimed water or the atmosphere or be incompatible with the POTW.

(3) Improving the opportunity to recycle and reclaim municipal and industrial wastewaters and sludges.

(4) Providing for the general operation of the POTW, and to regulate the users thereof and the use of same.

(5) Providing for the partial cost recovery of the pretreatment program.

(6) Providing for the general health, safety and welfare of both POTW employees and citizens of the City.

(7) Enabling the four POTWs to comply with their NPDES permit conditions, effluent and sludge use and disposal requirements, and all federal or State permits or laws to which they are subject.

(c) Policies. Among other things, the policies of this division:






(1) Provide for the regulation of direct and indirect dischargers to the POTW through the issuance of industrial wastewater discharge permits (IWDPs) to certain nondomestic users, transported wastewater discharge permits (TWDPs) to liquid waste haulers; and through enforcement of general requirements for domestic users.

(2) Determine wastewater volumes, constituents and characteristics.

(3) Establish wastewater limitations and other discharge criteria.

(4) Provide that certain nondomestic users shall pretreat waste.

(5) Authorize procedures for the monitoring and enforcement of its provisions and abatement of violations thereof.

(6) Require self-monitoring and reporting or City monitoring in lieu of self-monitoring of permitted users.

(7) Assume that existing customer's capacity will not be preempted.

(8) Establish fees for the partial recovery of costs resulting from the administration of the program established herein.

(Code 1992, § 27-207; Ord. No. 296-G, § 1, 10-7-1997; Ord. No. 11-H, § 2, 12-15-2011)

Sec. 27-304. Legal proceedings.

(a) Petition for federal or State enforcement. In addition to other remedies for enforcement provided herein, the POD may petition the State approval authority or the Environmental Protection Agency, as appropriate to exercise such methods or remedies as shall be available to such government entities to seek criminal or civil penalties, injunctive relief or such other remedies as may be provided by applicable federal or State laws to ensure compliance by industrial users of applicable pretreatment standards, to prevent the introduction of toxic pollutants or other regulated pollutants into the POTW, or to prevent such other water pollution as may be regulated by State or federal law.

(b) Violations. Notwithstanding any of the provisions of this section, this chapter may be enforced as provided in chapter 1

(c) Suit. Suit may be brought to recover any and all damages suffered by the City as a result of any action or inaction of any user or other person who causes or suffers damage to occur to the POTW or for any other expense, loss or damage of any kind or nature suffered by the City.

(Code 1992, § 27-208; Ord. No. 296-G, § 1, 10-7-1997; Ord. No. 345-G, § 2, 9-24-1998)

Sec. 27-305. Additional penalties; falsification.

(a) Additional penalty. In addition to the penalties provided for in chapter 1, any person who is found to have violated any provision of this division or any condition of IWDPs issued under this division, shall be, upon conviction subject to penalty in an amount not to exceed $1,000.00.

(b) Falsifying information. No person shall knowingly make any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or IWDP, or shall falsify, tamper with or knowingly render inaccurate any required monitoring device or method.

(Code 1992, § 27-209; Ord. No. 296-G, § 1, 10-7-1997)






Sec. 27-306. POD.

(a) Records. The POD shall keep all records required under this chapter including records of all IWDPs as required by applicable State and federal regulations.

(b) Public participation requirements. The POD shall comply with all applicable public participation requirements of section 101(e) of the Act and 40 CFR 25, in the enforcement of national categorical pretreatment standards.

(c) Public notice. The POD shall provide individual notice and opportunity to comment to persons or groups who request notice in writing of local limits development.

(Code 1992, § 27-210; Ord. No. 296-G, § 1, 10-7-1997; Ord. No. 345-G, § 3, 9-24-1998)

Sec. 27-307. General sewer use requirements; sampling and analytical requirements and

pretreatment of wastewater.

(a) General discharge prohibitions. No person shall directly or indirectly discharge, cause or permit the discharge of any pollutant or wastewater which, acting alone or in conjunction with other substances present in the POTW, shall cause an interference with the operation or performance of the POTW or otherwise pass through the POTW. This prohibition includes but is not limited to the following discharges:

(1) Any substances which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW or its operation. In no case shall pollutants or wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Celsius), as determined by the test methods specified in 40 CFR 261.21, be discharged to the POTW. At no time shall two successive readings on an explosion hazard meter at the point of discharge into the system or at any point in the system be more than five percent, nor any single reading over ten percent, of the lower explosive limit (LEL) of the meter.

(2) Any substances capable of causing corrosive damage to structures, equipment or personnel of the POTW, but in no case discharges with a pH lower than 5.0 or higher than 11.5.

(3) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow of the sewers or interference with the operation of or which cause injury to the POTW including, but not limited to, uncomminuted garbage or food waste with particles greater than one-half inch in any direction, paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes.

(4) Any pollutant, including oxygen demanding (e.g., ethylene glycol) and conventional pollutants (BOD, COD, TSS, etc.), released at a flow rate or pollutant concentration which may reasonably be expected to cause interference with the POTW. In no case shall a user's discharge have a flow rate or contain concentration or quantities of pollutants that exceeds 1.5 times the average 24-hour concentration, quantities or flow.

(5) Any substance having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the POTW which exceeds 40 degrees Celsius (104 degrees Fahrenheit). Unless a higher






temperature is allowed under the user's IWDP, no user shall discharge into any sewer line or other appurtenance of the POTW, wastewater with a temperature exceeding 65.5 degrees Celsius (150 degrees Fahrenheit).

(6) Petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin in excess of 100 parts per million, or any substance containing toxic pollutants or hazardous wastes of sufficient quantity, either singularly or by interaction with other pollutants which may reasonably be expected:

a. To injure or interfere with any wastewater collection system and/or wastewater treatment process;

b. To constitute a hazard to humans, animals or plants;

c. To create a toxic effect or pass through into the injection well system of the POTW; or

d. To create a toxic effect or pass through into the reclaimed water or sludge.

(7) Any water or waste containing fats, wax, grease, oils, or related substances of animal or vegetable origin, whether or not emulsified, in excess of 400 parts per million by weight, or which may solidify or become viscous at temperatures between 4.5 degrees Celsius (40 degrees Fahrenheit) and 65.5 degrees Celsius (150 degrees Fahrenheit). Specifically prohibited is the heating of the contents of grease traps and subsequent discharge to the sewer system. The POD may allow discharges in excess of this standard as a permit condition upon the submission by the user of a technical evaluation prepared by professional engineer or other similar licensed professional demonstrating that the subject wastewater will have no adverse affects to the wastewater collection and treatment facilities or to the biosolids and reclaimed water generated from those facilities. Wastewater exceeding the limitations provided herein shall contain no visible sheen, shall not discharge any solid grease particles, shall not cause an accumulation of grease or create other unacceptable impact to the collection system downstream of the permitted facility, and shall not cause or contribute to any unacceptable impacts to the water reclamation facility or the biosolids and reclaimed water generated by that facility.

(8) Any stormwater, surface water, unpolluted groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, swimming pool water or unpolluted industrial process waters, provided however, the same may be discharged into approved storm sewers, but not sanitary sewers. Such discharge which is not acceptable for discharge into the stormwater system according to federal or State law may be considered acceptable for sanitary discharge upon issuance of a temporary industrial wastewater discharge permit.

(9) Any substances which result in the presence of toxic gases, vapors or fumes within the POTW or noxious or malodorous substances other than normal sewage which either alone or by interaction with other wastes are sufficient to cause acute worker health and safety problems, create a public nuisance or hazard to life, or are sufficient to prevent entry into the POTW or its appurtenances for maintenance, inspection and repair.

(10) Any substance which may reasonably be expected to cause the POTW's effluent or any other product of the POTW such as residues, sludges or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process. This shall particularly include but not be limited to all forms of copper containing chemicals used for root control in sewers. In no case shall a discharge to the POTW be permitted which causes the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under section 405 of the Act or any other federal or State law or regulation applicable to any reclaimed product of the POTW.






(11) Any substance which may reasonably be expected to cause the POTW to violate its NPDES or State disposal system permit or the State or federal water quality standards.

(12) Wastewater or wastes containing substances which are not reasonably amenable to treatment or reduction by the ordinary operation of the POTW.

(13) Any substances containing quantities of radioactive wastes or isotopes in excess of applicable State or federal regulations or permits issued by State or federal agencies.

(14) Any concentrated dye wastes, spent tanning solutions, or other wastes which are highly colored, or wastes which are of unusual volume, concentration of solids, or composition that may create obstruction to the flow in sewers, interfere with the POTW or impart color to the POTW effluent.

(15) Substances causing conditions at the POTW which violate any statute, rule or regulation of any public agency of this State or the United States.

(16) Any trucked or hauled pollutants except those lawfully discharged at specific points designated by the POD.

(17) Substances having constituents and concentrations in excess of those listed in this chapter.

(18) Any discharges containing compounds that are labeled for the control of pest species of any type, such as, but not limited to, acaricides, bactericides, fungicides, herbicides, insecticides, molluscicides, nematicides and rodenticides.

(b) National categorical pretreatment standards. The national categorical pretreatment standards found at 40 CFR ch. I, subch. N, pts. 405—471 and F.A.C. ch. 62-625 are incorporated by reference. Industrial users who are now or who hereafter, as determined by the State pursuant to F.A.C. 62-625.410(2)(d), may become subject to national categorical pretreatment standards promulgated by the EPA specifying quantities or concentrations of pollutants or pollutant properties which may be discharged into the POTW shall comply with all requirements of such standards, and shall also comply with any additional or more stringent limitations contained in this division. Upon the promulgation of new national categorical pretreatment standards for a particular industrial subcategory, the national categorical pretreatment standards, if more stringent than limitations imposed under this division for sources in that subcategory, shall immediately supersede the limitations imposed under this division. The POD shall notify all known affected users of the applicable reporting requirements under 40 CFR 403.12 and F.A.C. 62-625.600. Compliance with national categorical pretreatment standards for existing sources which hereafter become subject to such standards shall be within three years following promulgation of the standard unless a shorter compliance time is specified in the standard. Compliance with national categorical pretreatment standards for new sources shall be required upon promulgation of the standard or prior to connection to the POTW.

(c) State requirements. State requirements and limitations on discharges shall apply in any case where they are more stringent than either federal requirements and limitations or those requirements contained in this chapter.

(d) Specific limitations (local limits) on wastewater strength. The following pollutant limits are established to protect against interference, pass through and sludge contamination. No user shall discharge wastewater containing in excess of the concentration limits set forth in Table 1 at the point of entry to the POTW unless the user holds a current IWDP which provides, as a special permit condition, a higher interim concentration level in conjunction with a requirement that the user construct a pretreatment facility or institute changes in operation and maintenance procedures to reduce the concentration of pollutants to levels not exceeding the standards set forth in Table 1 within a fixed






period of time. However, in no event shall exceptions be made for compliance with applicable national categorical pretreatment standards.

TABLE 1

Pollutant Average Daily Local Limita (in milligrams per liter)

Arsenic 0.30

CBOD 10,000.00

Boron 3.32

Cadmium;sup\sup; 0.12

Chloride 1,350.00

Chromium (Total) 1.51

COD 10,000.00

Copper 1.17

Cyanide 0.20

Lead 0.66

Mercury 0.07

Nickel 1.12

Selenium 0.27

Silver 0.72

Zinc 3.09






The average daily local limit shall be the average of all analyses performed by any laboratory currently certified for environmental analysis for the specific pollutant concerned by the Florida Department of Health on grab or composite samples collected from the same sampling point within the 24-hour period comprising one calendar day. The limit shall apply at the point specifically and physically designated by the user's IWDP or, where an IWDP is not required, at the end of pipe, which is the connection between the user's lateral wastewater discharge system and the POTW. ;sup\sup; All concentrations for metallic pollutants are for total metals unless otherwise indicated.

(e) Alternative daily mass limitations. At its discretion, the control authority may impose daily mass limitations in addition to or in place of the concentration limitations listed in table 1 in subsection (d) of this section. Daily mass limitations shall be based on the total permitted flow for the industrial facility and the listed concentration limit for the pollutant concerned.

(f) Combined wastestream formula. In all industries subject to national categorical pretreatment standards, where regulated process wastewater is mixed prior to treatment or discharge with dilute wastestreams or unregulated wastestreams, fixed alternative discharge limits may be derived by the control authority. These alternative limits shall be applied to the mixed effluent and shall be calculated using the combined wastestream formula as outlined in 40 CFR 403.6(e) and F.A.C. 62-625.410(6).

(g) Sampling and analytical requirements. The following regulations apply to all required wastewater sampling and analytical methods and techniques:

(1) Grab samples shall be used for pH, temperature, specific conductance, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, sampling shall be performed using flow proportional composite collection techniques. In the event flow proportional sampling is deemed to be technically infeasible by the POD, the POD may authorize the use of time proportional sampling or grab sampling. Where time proportional composite sampling or grab sampling is authorized by the POD, the sample must be representative of the total daily period of effluent discharge. The decision to allow alternative sampling must be documented in the industrial user file for that facility or facilities. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab the samples collected during a 24-hour period may be composited prior to the analysis as follows: For cyanide, total phenols and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the POD, as appropriate. In the event flow proportional sampling is deemed to be technically infeasible by the POD, the POD may authorize the use of time proportional sampling or a minimum of eight grab aliquots composited into a single sample where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous maximum discharge limits.

(2) For sampling required in support of a completed application, a baseline monitoring report and 90-day compliance reports described in subsections 27-309(e), 27-310(a) and 27-310(b), a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities which historical sampling data do not exist;






for facilities which sampling data are available, the POD may authorize a lower minimum. For the reports required by subsection 27-310(c), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.

(3) All sample preservation procedures, container materials, maximum allowable holding times and analytical techniques to be submitted as part of any application or report required by this division shall be performed in accordance with the procedures and techniques specified in F.A.C. 62-625.600(1)(e)5.

(4) An SIU may request the POD to perform all sampling and analysis of its wastewater in lieu of self-monitoring by the SIU. This sampling and analysis shall be performed according to subsection (g)(3) of this section following the FDEP-approved written comprehensive quality assurance plan.

(5) Where an SIU performs its own sampling, the SIU shall develop a written procedure for the sampling based on subsection (g)(3) of this section and shall submit this to the POD for approval. The SIU shall be required to demonstrate the complete field sampling procedure at its facility prior to the issuance of approval.

(6) Where a private contractor is selected by a SIU to perform the necessary sampling and/or laboratory analysis, the SIU shall submit and maintain current copies of the following private contractor's documents to the POD prior to any sampling or analysis data being accepted by the POD.

a. DOH Laboratory Scope of Accreditation.

b. Certificate of Accreditation, Bureau of Laboratories.

c. Laboratory approval quality manual.

d. The sampling protocols contained in DEP-SOP-001101 FA 1000 (FA 3500, Quality Manual).

The contractor may be required to demonstrate the complete field sampling procedure at the SIU's facility. Analytical results will not be accepted from the SIU or its selected private laboratory until the sampling procedure has been approved by the POD.

(h) City's right of revisions. The City may establish by ordinance or through permit conditions more stringent local limitations or requirements on discharges to the POTW if deemed necessary to comply with the objectives presented in section 27-303

(i) Special agreements. The City may enter into special agreements with industrial users setting out special terms under which they may discharge to the POTW. In no case will a special agreement waive compliance with a pretreatment standard or requirement. However, the industrial user may request a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15 or F.A.C. 62-625.820. They may also request a variance from the categorical pretreatment standard from the City. Such a request will be approved only if the industrial user can prove that factors relating to its discharge are fundamentally different from the factors considered by EPA when establishing that pretreatment standard. An industrial user requesting a fundamentally different factor variance must comply with the procedural and substantive provisions in F.A.C. 62-625.700.

(j) Dilution. Unless expressly authorized by an applicable pretreatment standard or requirement, no user shall ever increase the use of process water, or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a pretreatment standard or requirement. The POD may impose mass limitations on users which are using dilution to






meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations is appropriate pursuant to 40 CFR 403.6(c) or F.A.C. 62-625.410(4).

(k) Pretreatment requirements. An industrial user shall, at its own expense, design, construct, operate and maintain such wastewater pretreatment facilities whenever necessary to reduce or modify the user's wastewater constituency to achieve compliance with the limitations in wastewater strength set forth in this division, to meet applicable pretreatment standards, or to meet any other wastewater condition or limitation contained in the user's IWDP. New sources shall install and operate all pollution control equipment required to meet applicable pretreatment standards prior to discharging to the POTW.

(1) Plans, specifications and operating procedures for such wastewater pretreatment facilities shall be prepared and signed by a professional engineer registered in the State and shall be submitted to the POD for review in accordance with accepted engineering practices. The POD shall review the plans within 60 days and shall make appropriate comments to the user. Prior to beginning construction of the pretreatment facility, the user shall also secure building permits that may be required by the City. The user shall construct the pretreatment facility within the time provided in the user's IWDP. Following completion of construction the user shall provide the POD with as-built drawings to be retained by the POD. Subsequent alterations or additions to such pretreatment or flow control facilities shall not be made without prior written notice to the POD.

(2) The issuance of an IWDP shall not constitute approval by the City of a type, kind or capacity of a pretreatment installation and shall not relieve the user of the responsibility to comply with the requirements of the IWDP or the terms of this division.

(l) Grease traps. Grease, oil and sand interceptors shall be installed by industrial uses when the POD determines that they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients. All interceptors shall be of a type and capacity approved by the POD, and shall be located as to be readily and easily accessible for cleaning and inspection.

(m) Discharge prohibitions and temporary IWDPs. No person shall discharge any substance directly into a manhole or other opening in a public sewer other than through an approved building sewer or other approved connection, unless such person shall have been issued a temporary IWDP. The POD shall incorporate in such temporary IWDP such conditions as are deemed reasonably necessary to ensure compliance with the provisions of this chapter and the user shall be required to pay applicable charges and fees therefor.

(n) Accidental and slug discharges. The POD may require any industrial user to develop and implement an accidental discharge/slug control plan at its own expense. All industrial users shall provide facilities and institute such procedures as are reasonably necessary to prevent or minimize the potential for accidental discharge into the POTW of waste from liquid or raw material storage areas, from truck and rail car loading and unloading areas, from in-plant transfer or processing and materials handling areas, and from diked areas or holding ponds of any waste regulated by this division.

(1) All SIUs who store chemicals, or whose wastewater includes or could include pollutants in amounts sufficient to cause interference at a POTW treatment plant shall be required to develop an accidental discharge/slug control plan which shall be approved by the POD and reevaluated at least once every two years. A copy of this plan shall be submitted to the POD as part of the IWDP requirements. Accidental discharge/slug control plans should address, at a minimum, the following:

a. Description of discharge practices, including nonroutine batch discharges.






b. Description of stored chemicals.

c. Procedures for immediately notifying the POTW of any accidental or slug discharge.

d. Procedures to prevent adverse impact from any accidental or slug discharges. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants including solvents, and/or measures and equipment for emergency response.

(2) SIUs who have a history of serious leaks, spills or other accidental slug discharges of waste regulated by this division shall be subject on a case-by-case basis to a special IWDP condition or requirement for the construction of facilities or establishment of procedures which will prevent or minimize the potential for such accidental discharge.

(3) In the case of an accidental discharge or slug discharge by a user, it is the responsibility of that user to immediately inform the POD of the incident by telephone. The caller shall specify location of discharge, type of waste, concentration, volume and corrective action taken. All users holding an IWDP shall be given accidental or slug discharge emergency instructions within their IWDP. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of an accidental or slug discharge. Users shall ensure that all employees who may be present when such accidental or slug discharges may occur are advised of the emergency procedures.

(4) Within five calendar days following an accidental or slug discharge, the user shall submit to the POD a detailed written report describing the cause of the discharge and the measures to be taken to prevent similar future occurrences. Such 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 POTW, fish kills, or other such damage to person or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this division or other applicable law.

(Code 1992, § 27-211; Ord. No. 296-G, § 1, 10-7-1997; Ord. No. 345-G, § 4, 9-24-1998; Ord. No. 67-H, §§ 4, 5, 2-21-2013)

Sec. 27-308. Fees.

(a) Generally. The fees provided for in this section are separate and distinct from all other fees chargeable by the City. All fees shall become immediately due and owing to the City upon receipt of invoice for rendition of services or expenditure by the City and shall become delinquent if not fully paid within 45 days after receipt. All such delinquent sums shall be subject to a late charge of 15 percent. Unpaid monthly service charges shall remain and constitute liens against the real property to which the service was provided or expenditure made.

(b) Monthly pretreatment service charge. In addition to the monthly basic sewer charge, flow charge and strong waste surcharges, each permitted user of the POTW shall be charged a monthly pretreatment service charge to provide for the partial cost recovery of the industrial pretreatment program established herein. The monthly billing for the pretreatment service charge shall either be by separate billing or included on the user's regular monthly utility bill.

(1) For the purposes of calculating this charge, users have been divided into three groups as follows:






a. Group A. Industrial users processing groundwater or producing wastewater which contains primarily conventional pollutants or having industrial processes which do not involve the production of toxic metals, except for silver, or toxic organic bearing wastewaters. This group includes users such as groundwater remediation sites, hospitals, colleges, laundries, seafood processors, etc., which require minimal amounts of City monitoring.

b. Group B. Industrial users producing process wastewater which may bear toxic metals other than silver or toxic organics and who are not subject to national categorical pretreatment standards (i.e., noncategorical industries) and require an intermediate amount of City monitoring.

c. Group C. Industrial users producing process wastewater who are subject to national categorical pretreatment standards (i.e., categorical industries) and require a maximum amount of City monitoring.

(2) Where discharge to the POTW is directly related to the volume of potable water consumed and no significant quantities of wastewater are obtained from other sources, this charge will be based on the total number of gallons of potable water consumed by the permittee. The monthly pretreatment service charge will be calculated at a rate of:

a. Group A users. $0.14 per 1,000 gallons of potable consumption.

b. Group B users. $0.49 per 1,000 gallons of potable consumption.

c. Group C users. $0.63 per 1,000 gallons of potable consumption.

(3) Where the user determines that the discharge to the POTW is significantly less than the volume of potable water consumed (i.e., excess potable water used for air conditioning, ice making, etc.) the user may, at his option and expense, install a certified wastewater discharge meter as required to measure the total monthly discharge to the sewer system. The location and type of meter must be approved by the POD prior to installation. Estimates of wastewater flow are not acceptable. Where approved meter readings are submitted the monthly pretreatment service charge will be calculated at a rate of:

a. Group A users. $0.14 per 1,000 gallons of metered wastewater.

b. Group B users. $0.49 per 1,000 gallons of metered wastewater.

c. Group C users. $0.63 per 1,000 gallons of metered wastewater.

(4) For operations whose discharge is unrelated to or greater than the volume of consumed potable water or significant amounts of wastewater are obtained from other sources (e.g., wells, tanker trucks, etc.), the user shall be required to install a certified and approved wastewater discharge meter and the monthly pretreatment service charge will be calculated at a rate of:

a. Group A users. $0.14 per 1,000 gallons of metered wastewater.

b. Group B users. $0.49 per 1,000 gallons of metered wastewater.

c. Group C users. $0.63 per 1,000 gallons of metered wastewater.

When a user either chooses to or is required to measure the actual volume of discharged wastewater as opposed to using the potable water consumption quantity, then the user shall be responsible for meter and appurtenance purchase, installation, maintenance, removal and semi-annual calibration. Actual discharge flow readings shall be furnished to the POD by the user on a monthly basis. Readings for the previous month must be received by the POD before the end of the following month.






(c) Industrial Wastewater Discharge permit fees. Each IWDP application shall be accompanied by an application fee of $300.00 for an initial application or a fee of $200.00 for a reissuance application.

(d) IWDP transfer fee. Each application to transfer an IWDP shall be accompanied by a transfer fee of $200.00.

(e) IWDP modification fee. When a user files a petition for a minor IWDP modification and the POD deems that an IWDP modification is required, the fee for this IWDP modification shall be $100.00. When the users wastewater volume increases by more than 50 percent the POD shall require the IWDP to be reissued completely and the fee shall be the fee for a reissued application. Where any decrease in wastewater flow is involved, modifications may only be made when the IWDP is renewed.

(f) Temporary Industrial Wastewater Discharge permit application fee. An application fee of $200.00 shall be charged to permitted temporary industrial wastewater dischargers to cover review costs for items such as toxicity, potential for impact, designing of temporary IWDP and establishing of self-monitoring requirements.

(g) Zero process wastewater discharge permit application fee. Each zero process wastewater discharge permit application filed by a zero process discharge industrial facility shall be accompanied by an application fee of $300.00 for an initial application or a fee of $200.00 for a reissuance application or transfer application.

(h) Reporting requirement late fee. A late fee for failure to file periodic compliance reporting requirements within 30 days following the month in which they are required shall be $50.00 per incident in addition to the cost of any demand activities initiated under section 27-311(d). Payment of the fee will not relieve the user from the necessity of fulfilling the reporting requirements; that is, the user will be required to pay the fee, conduct the necessary work effort required in his IWDP, and submit the completed report to the POD.

(i) Fees for demand monitoring, inspections and surveillance. Costs incurred by the City for demand monitoring, inspection and surveillance procedures necessary as a result of a violation and as defined in section 27-311(d) shall be chargeable and billed to the user whose conduct has necessitated such activity.

(1) The charge for sampling an industrial waste stream shall be as follows:

a. Grab sample, per sample .....$50.00

b. 24-hour time composite sample, per sample .....150.00

c. 24-hour flow composite sample, per sample .....200.00

(2) The cost of analyses conducted by the City laboratory shall be as indicated in Table 2.

Table 2

Parameter Analytical

Cost

pH $5.00






CBOD 13.00

COD 19.50

TSS 7.80

Chloride 13.00

Cadmium 10.00

Chromium (total) 10.00

Copper 10.00

Lead 10.00

Nickel 10.00

Silver 10.00

Zinc 10.00

EPA Method 624

Purgeables by GC/MS

80.00

Analyses not included in the Table 2 in this subsection will be charged at City costs plus an overhead surcharge. The overhead surcharge shall be the factor obtained by dividing the total current annual budget of City laboratory by that part of the budget allocated to staff salaries and benefits.

(3) Analyses not conducted by the City's laboratory shall be charged at the actual contract cost to the City.

(4) The cost for surveillance activities shall be at the rate of $30.00 per staff-hour. Other activities related to monitoring, inspections and surveillance not covered in the fees in Table 2 in subsection (i)(2) of this section shall be billed at the actual incurred in house cost multiplied by an overhead surcharge plus the cost of contractual services.






(j) Fees for City sampling and analysis of wastewater in lieu of self-monitoring by the SIU. When an SIU authorizes the POD to perform all sampling and analysis of its wastewater discharge as required by its IWDP, the fees for this service shall be the same as those included in subsection (i) of this section.

(k) Administrative fees. Fees for administrative efforts such as, but not limited to conciliation and show cause meetings not otherwise specifically covered in this section, and the result of an administrative effort brought about as a result of a violation shall be chargeable at $30.00 per staff-hour.

(l) Assessment of damages caused by user. Any user causing damage to the POTW shall be liable to the City for such damage. Such damage shall include, but not be limited to obstruction damage, or any other impairment to the sewer lines or sewer facility, killing of POTW's bio-organisms or contamination of reclaimed water or sludge.

(Code 1992, § 27-212; Ord. No. 296-G, § 1, 10-7-1997; Ord. No. 345-G, § 5, 9-24-1998; Ord. No. 1031-G, § 11, 9-22-2011)

Sec. 27-309. Administration and permitting.

(a) Wastewater survey. When requested by the POD, any new or existing industrial user and any zero process discharge industrial facility shall submit information on the nature and characteristics of its wastewater, including production and disposal procedures, by completing a wastewater survey questionnaire. The POD may prepare a form for this purpose and may periodically require industrial users to update the survey. Failure to complete this survey shall be a violation of this section.

(b) Zero process wastewater discharge permit. All zero process discharge industrial facilities as defined herein who produce process wastewater that may identify them as an SIU if the wastewater was discharged to the sanitary sewer, must apply for and obtain a zero process wastewater discharge permit. The application procedure for a zero process wastewater discharge permit shall be the same as that for an industrial wastewater discharge permit as described in this section. This permit shall require the holder to submit written certification signed by an authorized representative in January and July of every year that the facility has not discharged any process wastewater to the sanitary sewer in the last six-month period and does not intend to discharge process wastewater in the coming six-month period. Failure to submit this certification shall be deemed a violation of this section. Any detected discharge of process wastewater to the POTW by a zero process discharge industrial facility at any time shall immediately subject the user to enforcement procedures. The zero process wastewater discharge permit may also contain other limitations and requirements as deemed necessary by the control authority and this division and shall be issued for a period not exceeding three years.

(c) Industrial Wastewater Discharge Permit (IWDP). All users whose discharge may render them an SIU or whose discharge otherwise may be reasonably expected to have a deleterious impact on the POTW, as determined by the POD, must apply for and obtain an IWDP. It shall be unlawful for any SIU to discharge to the POTW without a current IWDP. Any violation of the terms and conditions of an IWDP shall be deemed a violation of this section.

(d) Time limits for IWDP applications. Users required to obtain an IWDP shall apply in advance as follows:

(1) New source industries shall apply for and obtain an IWDP at least 90 days prior to connecting to or contributing to the POTW.






(2) Existing users who become SIUs subsequent to the promulgation of an applicable national categorical pretreatment standard shall apply for an IWDP at least 90 days before the effective date of such applicable categorical standard.

(3) Existing users who wish to add or change a process or operation which renders them a SIU shall apply for an IWDP at least 90 days prior to implementing the change.

(4) Through the ongoing industrial waste survey, which is an integral part of the pretreatment program, any existing unpermitted industrial or commercial user may be identified at any time by the POD as an SIU and:

a. Be required to complete an application for an IWDP within 60 days of receiving notice;

b. Be subject to the City's industrial pretreatment program; and

c. Be required to obtain an IWDP.

(5) Temporary industrial users desiring to discharge contaminated groundwater or other process wastewater to the POTW for a limited period of time for a specific project, such as, but not limited to, dewatering of soil around underground storage tanks, underground storage tank replacement, decontamination of groundwater, soil, etc., shall apply for a temporary IWDP at least 30 days prior to discharge to the POTW. The temporary user shall be required to disconnect all equipment, plumbing and sewer connection fixtures at the end of the permit period.

(e) IWDP application. Any user required to obtain an IWDP shall submit a completed application for an IWDP together with the required fee. The application shall include all information necessary to constitute a baseline monitoring report as outlined in 40 CFR 403.12(b) and F.A.C. 62-625.600(1). In support of the application, the SIU or temporary user shall submit the prescribed evaluation and application forms containing, in units and terms appropriate for evaluation, all of the following information as appropriate. New sources shall give estimates of the information requested in subsections (e)(4), (5) and (6) of this section:

(1) Name, address, telephone number and location, if different from the address of applicant, owner of the premises, if different from the tenant when property is leased, from which industrial wastes are intended to be discharged, and the name of an authorized representative duly authorized to act on behalf of the company.

(2) NAICS code of both the industry as a whole and any processes for which national categorical standards have been promulgated.

(3) A list of any environmental control permits held by or for the facility.

(4) A description of the activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are or could accidentally or intentionally be discharged to the POTW. Material Safety Data Sheets (MSDSs) of all chemicals shall be included and a spill containment plan shall be submitted for stored chemicals.

(5) The site plans, floor plans, mechanical and plumbing plans with sufficient detail to show all sewers, floor drains, sewer connections, appurtenances and sample/monitoring locations in the user's premises by size, location and elevation.

(6) Each product produced by type, amount, process or processes and rate of production.

(7) Type and amount of raw materials processed, average and maximum per day.

(8) Number of employees, hours of plant operation and proposed or actual hours of operation of pretreatment system.






(9) A report of all industrial process waste flows produced before and after pretreatment, if any, at said premises, including estimated time and duration of discharge, average daily and 30-minute peak wastewater flow rates and daily, monthly and seasonal variations if any, in gallons per day, to the POTW from each of the following:

a. Regulated process streams; and

b. Other streams as necessary to allow use of the combined wastestream formula.

(10) Wastewater constituents and characteristics including an identification of the known or suspected presence or absence of all pollutants in the discharge from each regulated process of the industrial user which are limited by any City or State pretreatment standard, or by national categorical pretreatment standards.

(11) A laboratory analysis of a minimum of one sample of each regulated process flow and unregulated process flow for all limited pollutants suspected to be present in the flow. Laboratory analyses of samples of all dilute wastestreams and other nondomestic wastewater flows within the user's facility shall also be submitted. Each sample shall be representative of daily operations and shall be taken according to section 27-307(g). All samples shall be analyzed by a laboratory certified by DOH ELCP for environmental analysis, for all parameters limited by appropriate City or State pretreatment standards or national categorical pretreatment standards. All analyses shall be performed in accordance with procedures established by section 27-307(g)(3). A copy of the contracting laboratory report of all analytical results shall be submitted to the POD. Analytical results shall be reported as daily maximum or average concentrations or mass as required by the applicable standard or by the POD. If an equivalent concentration limit has been calculated in accordance with any established pretreatment standard, this adjusted concentration limit shall also be submitted. Where the pretreatment standard requires compliance with a BMP, the industrial user shall submit documentation as required by the POD or the applicable pretreatment standards to determine compliance with the pretreatment standard.

All sampling and analysis to be submitted must have been taken within six months of the date of the application for an IWDP. The POD may perform this sampling and analysis at the applicant's expense if no previous sampling and analysis has been performed within the six-month period prior to the date of the IWDP application.

(12) A statement signed by an authorized representative of the industrial user as follows:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violation."

(13) A statement reviewed by an authorized representative of the industrial user and certified by a professional engineer licensed in the State, indicating whether pretreatment standards are being or will be met on a consistent basis and, if not, whether additional operation and maintenance (O and M) procedures or additional pretreatment is required for the SIU to meet the pretreatment standards and requirements.

(14) If additional O and M and/or additional pretreatment will be required for the user to meet all applicable federal, State and local standards, then the application shall contain the shortest schedule by which the SIU will provide such additional pretreatment and/or O and M. The






completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:

a. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the SIU to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

b. No increment referred to in subsection (e)(14)a of this section shall exceed nine months, nor shall the total compliance period exceed 18 months.

c. Not later than 14 days following each date in the schedule and the final date for compliance, the SIU shall submit a progress report to the POD including, as a minimum, whether or not it complied with the increment of progress to be met on such date, and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the SIU to return to the established schedule. In no event shall more than nine months elapse between such progress reports to the POD.

d. A 90-day compliance report shall be submitted as provided in section 27-310(b).

(15) IWDP fees as set forth in this section.

(16) Any other information determined by the POD to be necessary to evaluate the IWDP application.

(f) Incomplete applications. The POD will act only on completed applications. Persons submitting incomplete applications shall be notified by the POD within 60 days that the application is deficient and the nature of such deficiency and shall be given 30 days to correct the deficiency. If the deficiency is not corrected within 30 days or within such extended period as allowed by the POD not to exceed 60 days, the POD shall deny the IWDP and notify the applicant in writing of such action.

(g) Evaluation of applications and IWDP issuance. Upon receipt of a complete application, the POD shall review and evaluate all data furnished by the SIU and may require additional data. After evaluation of the data furnished, the POD may issue the IWDP with appropriate permit conditions and requirements within 90 days. Issuance of an IWDP shall not relieve the user from complying with all other applicable State, federal and local laws, regulations and ordinances.

(h) Applicant's right to object. Upon receipt of the IWDP, the applicant shall have 45 days to file with the City Clerk in writing objections to any term or condition of the IWDP, and:

(1) If the applicant files no objections within this time, the IWDP is deemed to be accepted.

(2) If the applicant files a timely objection and agreement cannot be reached, the POD shall submit to the City Council the proposed IWDP and the applicant's written objections thereto.

(i) Appeal to City Council. The City Council shall schedule a public hearing within 90 days following the submission by the POD of the proposed IWDP and written objections, unless such time be extended for just cause shown to resolve any disputed matters relevant to such IWDP. The POD shall notify the applicant of the date, time, place and purpose of the hearing scheduled before the City Council. The City Council shall establish such special permit conditions as it deems advisable to ensure the applicant's compliance with this chapter and applicable law and regulation and direct the POD to issue an IWDP to the applicant accordingly.

(j) IWDP requirements and restrictions. IWDPs shall be expressly subject to all provisions of this division and all other applicable ordinances, laws, regulations and user charges and fees established






by the City. All IWDPs shall minimally include applicable national categorical pretreatment standards for new and existing sources as set out in 40 CFR subch. N, pts. 401 through 471. Other requirements and restrictions in IWDPs may include but shall not be limited to the following:

(1) Effluent limits, including best management practices, based on applicable pretreatment standards.

(2) Limits on the characteristics and average and maximum allowable concentration of wastewater constituents including the application of the combined wastestream formula.

(3) Calculated limits on the mean and maximum mass emission rates or production based mass limitations or other appropriate limits on wastewater constituents or properties.

(4) Limits on the average and maximum rate and time of discharge or requirements for flow regulations and equalization.

(5) Installation of pretreatment technology or construction of appropriate containment devices, etc., designed to reduce, eliminate, or prevent the introduction of pollutants into the POTW.

(6) Development and implementation of slug control plans or other special conditions including additional management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges.

(7) Installation and maintenance by the user of suitable inspection and sampling facilities.

(8) Specifications for monitoring programs which may include sampling location or locations, if more than one process stream is involved; frequency and method of sampling; flow metering; number; types and standards for analytical tests and reporting schedules.

(9) Compliance schedules and compliance report requirements including submission dates.

(10) Submission and certification of technical reports and periodic compliance reports to include information concerning volume, rate of flow, constituent concentrations, peak flow rates, production details, hours of operation, number of employees, or other information.

(11) Maintaining and retaining plant records relating to wastewater discharge as specified by the POD, and providing the POD access thereto.

(12) Notification to the POD and obtaining prior written approval from the POD for any new introduction of wastewater constituents or any substantial planned change in production rate (ten percent or more) or in the volume or character of the wastewater constituents being discharged to the POTW.

(13) Notification to the POD of any change in the manufacturing processes or pretreatment processes used by the permittee.

(14) Notification to the POD of excessive, accidental or slug discharges.

(15) Provisions concerning observed concentration violations of any of the analytical data contained in periodic compliance reports.

(16) Provisions concerning the frequency of submission of certification statements for particular conditions of categorical regulations (e.g., control of TTO).

(17) The unit charge or schedule of user charges and fees for the wastewater to be discharged to a POTW.

(18) Effective and expiration dates and permit transfer requirements.






(19) Statement of applicable civil and criminal penalties for violations of pretreatment standards and requirements.

(20) Other conditions as deemed appropriate by the POD to ensure compliance with this division or other applicable ordinances, laws or regulations.

The permittee shall be responsible for all costs associated with satisfying IWDP conditions, requirements and restrictions.

(k) IWDP duration. IWDPs shall be issued for a specified time period not to exceed three years.

(l) IWDP modifications. The terms, conditions, restrictions or requirements of any IWDP are subject to modification and change by the City during the term of the IWDP to accommodate new information, changed conditions and as local, State, regional and federal laws, rules and regulations, and case decisions are modified or amended. Modifications may also be made to correct technical mistakes, erroneous interpretations of federal, State or local law, or typographical errors.

(1) IWDP holders shall be notified of any proposed changes in their respective IWDPs by the POD at least 60 days prior to the effective date of any change. Any change or new condition in an IWDP shall include a provision for a reasonable time schedule for compliance. Permittees, right to object to these proposed changes and appeals to the City Council shall be subject to subsections (h) and (i) of this section.

(2) IWDP holders may petition the POD for modification of their IWDPs when:

a. Any new manufacturing process creating a new wastewater discharge is installed at the facility.

b. Any existing manufacturing process is expanded causing consistently more than a 20 percent increase in wastewater discharge from that process.

c. Any major change in a chemical process is installed such that the resulting chemical composition of the wastewater discharge may be significantly altered.

d. Any other change is detected by the City's annual facility compliance inspection that is determined by the control authority to warrant an IWDP modification.

The petition shall be filed with the POD who provided the notification of the proposed changes not more than two business days after the user has reasonable basis to know that conditions will significantly change within the next calendar month. Such petition shall not relieve the IWDP holder of compliance with any existing IWDP conditions. The POD shall review such petitions with such supporting data as he deems necessary and take appropriate action. If substantial changes involving more than 50 percent of process or wastewater flow are involved, the POD shall require the user to submit a new application for an IWDP.

(3) As soon as possible, but in no event later than 30 days after the promulgation of a new pretreatment standard, the IWDPs of users subject to such standard shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a new pretreatment standard, has not previously submitted an application for an IWDP as required by subsection (e) of this section, the user shall apply for an IWDP within 90 days after the promulgation of an applicable pretreatment standard. In addition, the user with an existing IWDP shall, submit to the POD within 90 days after the promulgation of an applicable pretreatment standard, the information required by subsections (e)(10), (11), (12), (13) and (14) of this section.

(m) IWDP transfer. An IWDP is issued to a specific user for a specific operation. An IWDP shall not be assigned, transferred or sold to a new owner, new SIU, for different premises, or for a new or






significantly changed operation unless approved by the POD in writing. An application for permission to transfer an IWDP must contain the applicable transfer fee and be received by the POD at least 30 days prior to the requested date of transfer. The application must also contain a certification statement signed by an authorized representative of the new owner which:

(1) States that the new owner has no immediate intent to change the facility's operations or processes.

(2) Identifies the specific date on which the transfer is to occur.

(3) Acknowledges full responsibility for complying with the existing permit.

The POD may modify the conditions and requirements of the existing IWDP at the time of transfer or require the new owner to apply for a new IWDP depending on the data submitted in the IWDP transfer application.

(n) IWDP reissuance. The SIU shall submit a completed reissuance application form together with a reissuance fee to the POD at least 90 days prior to the expiration of the current IWDP. Conditions governing the reissuance of an IWDP shall be the same as those governing the issuance of a new IWDP. Temporary IWDPs shall not be reissued.

(o) Continuation of expired IWDPs. An expired IWDP will continue to be effective and enforceable until the IWDP is reissued provided:

(1) The SIU has submitted a completed IWDP application at least 90 days but not more than 120 days prior to the expiration date of the user's existing IWDP; and

(2) The failure to reissue the IWDP, prior to expiration of the previous IWDP, is not due to any act or omission on the part of the SIU.

(p) Revocation of IWDP. Any IWDP issued under the provisions of this division may be modified, suspended or revoked in whole or in part during its term for cause shown including, but not limited to, any one of the following:

(1) Violation of any terms or conditions of the IWDP or other applicable law or regulation.

(2) Obtaining an IWDP by misrepresentation or failure to disclose fully all relevant facts.

(3) Falsifying periodic compliance reports.

(4) Tampering with monitoring equipment.

(5) Failure to pay administrative surcharges.

(6) Failure to pay strong waste surcharges, pretreatment service charges or publication of SNC charges for a period exceeding 120 days after the date of the invoice.

(7) Failure or refusal to accept notices of violation or compliance schedules or other enforcement procedures.

(8) Failure to provide notification to the City of any change in any permitted user's operating condition that either alters the nature, quality or volume of its wastewater discharge or requires either a temporary or permanent reduction or elimination of the permitted discharge.

(9) When necessary to protect health, safety and welfare in accordance with the terms set forth in section 27-312(i).

(q) Regulation of waste received from other jurisdictions. If another municipality, or user located within another municipality, contributes wastewater to the City's POTWs, the City shall enter into an






interjurisdictional agreement with the contributing entity concerning the delegation of responsibility for the administration of the industrial pretreatment program in the specified area or user.


Sec. 27-310. Reporting requirements and retention of records for industrial wastewater

discharge permit holders and other industrial users.

(a) Baseline monitoring report (BMR). A completed application for an IWDP shall contain more information than is required from an SIU for a BMR as defined in 40 CFR 403.12(b)(1) through (7) and F.A.C. 62-625.600(1)(a) through (g). The completed application shall be used by the City as the equivalent of a BMR and shall contain the elements described in 27-309(d) and (e).

(b) Ninety-day compliance report. If the application for an IWDP (or BMR) contains a compliance schedule as provided for in section 27-309(e)(14), within 90 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 POTW, any SIU subject to pretreatment standards and requirements shall submit a report containing the information described in sections 27-309(e)(9) through (13).

(c) Periodic compliance reports. All permitted SIUs shall submit periodic compliance reports to the POD in accordance with the terms of their IWDP. All compliance reports shall be in accordance with the following:

(1) Copies of all approved periodic compliance forms attached to the IWDP shall be completed and submitted to the POD. In addition, a copy of the analytical results and chain of custody forms received from the contracting laboratory shall be attached to the report.

(2) The specific months in which periodic compliance reporting is required shall be included in the IWDP of each SIU. This frequency shall equal or exceed the requirements of F.A.C. 62-625.600(4)(a) and (7)(a), and 40 CFR 403.12(e) and (h).

(3) The POD may reduce the requirement in paragraph (2) above to a requirement to report no less frequently than once a year, unless required more frequently in the pretreatment standard, where the industrial user's total categorical wastewater flow does not exceed any of the following:

a. 0.01 percent of the design dry weather hydraulic capacity of the POTW, or 5,000 gallons per day, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the industrial user discharges in batches;

b. 0.01 percent of the design dry weather organic treatment capacity of the POTW and;

c. 0.01 percent of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed for a POTW in accordance with subsection 27-307(d).

Reduced reporting is not available to industrial users that have in the last two years been in significant noncompliance, as defined in subsection 27-302(a). In addition, reduced reporting is not available to an industrial user with daily flow rates, production levels, or pollutant levels that vary so significantly that, in the opinion of the POD, decreasing the reporting requirement for this industrial user would result in data that are not representative of conditions occurring during the reporting period.






(4) The due date for submission of periodic compliance reports to the POD shall be the 30th day following the end of the month in which they are required by the SIU'S IWDP. Reports submitted after the due date shall be accompanied by a $50.00 late fee and may result in initiation of demand monitoring or other enforcement action by the City at the IWDP holder's expense. Reports submitted 45 days or more after the due date shall result in the SIU being declared to be in significant noncompliance (SNC) with reporting requirements as required by subsection (11) of the definition of SNC contained in section 27-302

(5) Industrial users shall complete each periodic compliance report utilizing data obtained through appropriate sampling and analysis performed during the period covered by the report, which is representative of conditions occurring during the reporting period. If an industrial user subject to the reporting requirement in this section monitors any regulated pollutant at the approved sampling location more frequently than required by the POD, using the procedures prescribed in section 27-307(g), the results of this shall be included in the report.

(6) In cases where the pretreatment standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation required by the POD or the pretreatment standard necessary to determine the compliance status of the industrial user.

(7) The POD shall approve and include in the IWDP the locations at which the industrial user shall collect samples required for periodic compliance reports. Monitoring locations may be changed only after prior written permission by the POD.

(8) Sampling and analytical requirements for periodic compliance reports shall be performed in accordance with section 27-307(g). All analyses shall be performed by a laboratory certified by DOH ELCP for environmental analysis.

(9) Together with every periodic compliance report, the permittee shall submit the following certification statement, signed by an authorized representative of the industrial user or designee. The exact wording of this statement shall be as follows:

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violation.

(d) Notice of violation/repeat sampling and reporting. If sampling performed by an SIU for a periodic compliance report indicates any violation as defined herein, the SIU shall submit the report and shall notify the POD immediately after becoming aware of the violation. The permittee shall repeat the sampling and analysis and submit the results of the repeat analysis to the POD within 30 days after becoming aware of the violation. Resampling by the SIU is not required if the POD performs sampling at the SIU's facility at least once a month, or if the POD performs sampling at the SIU between the time when the initial sampling was conducted and the time when the SIU or POD receives the results of the sampling. Where the POD has performed the sampling and analysis in lieu of the SIU, the POD will perform the repeat sampling and analysis unless it notifies the SIU of the violation and requires the SIU to perform the repeat sampling and analysis.

(e) Report of City monitoring. When an SIU authorizes the City to perform all sampling and analysis required by its IWDP, the City shall provide a copy of the results to the SIU. Under these circumstances, the SIU will not be required to submit periodic compliance reports to the City.






(f) Report of changed conditions. All industrial users are required to notify the POD of any planned significant changes to the industrial user's operations or system which might alter the nature, quality or volume of its wastewater at least 30 days before the change.

(1) The POD may require the industrial user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of an IWDP application.

(2) The POD may issue a new IWDP or modify an existing IWDP as required.

(3) No industrial user shall implement the planned changed condition until and unless the POD has responded to the industrial user's report.

(4) For purposes of this requirement flow increases of ten percent or greater, and the discharge of any previously unreported pollutants shall be deemed significant.

(g) Reports of potential problems.

(1) All industrial users shall submit reports of potential problems and accidental spills/slug loads to the POD as detailed in section 27-307(n)(4). Failure to notify the POD of potential problem discharges shall be deemed a separate violation of this division.

(2) SIUs shall notify the POD immediately of any changes at its facility affecting the potential for a slug discharge.

(h) Notification of the discharge of hazardous waste. This subsection refers to all industrial users.

(1) Any industrial user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, the FDEP pretreatment authorities and State hazardous waste authorities in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other).

If the industrial user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information, to the extent such information is known and readily available to the industrial user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under subsection (f) of this section. The notification requirement in this section does not apply to pollutants already reported under the reporting requirements of subsections (a), (b) and (c) of this section.

(2) Dischargers are exempt from the requirements of subsection (h)(1) of this section during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of non-acute hazardous waste in a calendar month, or of any quantity of acute hazardous waste as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification.

Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.






(3) In the case of any new regulations under section 3001 of RCRA identifying additional characteristics of hazardous waste or listing and additional substance as a hazardous waste, the industrial user must notify the POTW, the EPA Regional Waste Management Division Director, and State hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.

(4) 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 hazardous wastes generated to the degree it has determined to be economically practical.

(i) Change of authorized representative of an industrial user. Should the permittee's authorized representative change during the permit period because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the user, a completed copy of the approved authorization form attached to the IWDP for the new representative or position shall be submitted to the POD.

(j) Report on compliance with categorical pretreatment standards. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the City a report containing the information described in section 27-309(e)(9), (10), (11), (12), and (13). For users subject to equivalent mass or concentration limits established in accordance with the procedures in F.A.C. 62-625.410(4), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production or other measure of operation, this report shall include the user's actual production during the appropriate period.

(k) NSCIU annual certification. A facility determined to be a NSCIU by the POD must annually submit the following certification statement signed by an authorized representative of the industrial user or designee. The exact wording of this statement shall be as follows:

Based on my inquiry of the person or persons directly responsible for Managing compliance with the Categorical Pretreatment Standards under 40 CFR ____, I certify that, to the best of my knowledge and belief that during the period from : ____________ __, _____ to ____________ __, _____ (month, day, year):

(1) The facility described as (facility name) met the definition of a NSCIU as described in 27-302(a);

(2) The facility has complied with all applicable pretreatment standards and requirements during this reporting period; and

(3) The facility did not discharge more than 100 gallons of total categorical wastewater on any given day during this reporting period.

This compliance certification is based on the following information:

[Insert documentation supporting a continued exemption].

(l) Maintenance of records. Any SIUs subject to the reporting requirements established in this section shall maintain records of all information resulting from any monitoring activities required by this section. Such records shall include for all samples:

(1) The date, exact location, method and time of sampling, the names of the persons taking the samples, and chain of custody of the samples;






(2) The dates analyses were performed;

(3) Who performed the analyses;

(4) The analytical techniques/methods used; and

(5) The results of such analyses.

(m) Retention of records. Any SIU subject to the reporting requirements established in this section shall be required to retain for a minimum of three years' records of all submitted periodic compliance reports, documentation associated with BMPs and any other such monitoring activities and/or analytical data pertaining to these reports, whether or not such monitoring activities are required by this section, and shall make such records available for inspection and copying by the POD, State or EPA. This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or when requested by the POD, the State or EPA upon reasonable notice to the permittee.

(n) Confidentiality. Information and data on a user obtained from reports, questionnaires, IWDP applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user stamps the words "confidential business information" on each page containing such information at the time of submission, and is able to demonstrate to the satisfaction of the POD that the release of this specific material, would divulge information, processes or methods of production entitled to protection as trade secrets under applicable State law. Those portions of any document identified in writing by the permittee as disclosing trade secrets or secret processes shall not be made available to the public until after notice has been provided to the user and the user has had at least ten days to file an action in a court of competent jurisdiction to determine that they are not subject to disclosure. These documents shall, however, be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data, as defined by 40 CFR 2.302, will not be recognized as confidential information and will be available to the public without restriction.

(o) Industrial users other than SIUs. Any industrial user whose wastewater discharge may be reasonably expected to have a deleterious impact on the receiving POTW, as determined by the POD, shall, if required, submit a report to the POD containing specified analyses of its wastewater discharge.

(p) Timing. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the U.S. Postal Service, the date of receipt of the report shall govern. Faxed copies of the report will only be accepted if the complete original report is received by the City within five working days of the fax copy.

(Code 1992, § 27-214; Ord. No. 296-G, § 1, 10-7-1997; Ord. No. 345-G, § 7, 9-24-1998; Ord. No. 67-H, § 9, 2-21-2013)

Sec. 27-311. Entry, inspection and monitoring.

(a) Entry. All users of the POTW shall allow the POD ready access at all reasonable times to all parts of the premises for the purpose of inspection, observation, records examination, measurement, sampling and testing in accordance with the provisions of this division. The refusal of any user to permit the POD entry to or upon the user's premises for purposes of inspection, sampling effluents or inspecting and copying records or performing such other duties as shall be required by this division shall constitute a significant violation of a condition of the user's IWDP and the terms of this division.






Unreasonable delays in allowing the POD access to the user's premises shall be deemed a refusal of entry.

(b) Inspection. The POD may inspect the facilities of any user at any time to ascertain whether the intent of this division is being met and all requirements are being complied with. During an inspection, the POD may inquire into the type of industrial processes used to determine the kind and source of discharge to the sewers or receiving waters or facilities for wastewater treatment. Records or information obtained by these inspections shall, in the case of effluent data, be related to any applicable effluent limitations, toxic, pretreatment or IWDP condition and shall be available to the public.

(c) Monitoring. The POD shall annually schedule an industrial discharge monitoring program for all SIUs to the POTW. This program shall consist of periodic determinations of the user's wastewater discharge characteristics through the analysis of wastewater samples collected and analyzed by a State certified environmental laboratory utilizing methods outlined in section 27-307(g).

(d) Demand monitoring. Demand monitoring of a SIU may be instituted by the City when:

(1) City scheduled monitoring indicates a violation of the significant industrial user's IWDP, or there is a significant variation between the results of any City and user analyses of the discharge for any single limited parameter. A significant variation shall be any difference between City and user analyses for the same parameter that is less than half the recorded value (less than 50 percent) or greater than 12 times the recorded value (less than 150 percent).

(2) A permittee reports a violation in a periodic compliance report.

(3) A periodic compliance report is not submitted within the required time limit.

(4) Any other circumstance existing which, reasonably warrants such demand monitoring in order to comply with the objectives of this division.

Demand monitoring may continue until the violation or inconsistency has been corrected, or the periodic compliance monitoring has been reported correctly. The costs of all demand monitoring shall be chargeable and billed to the SIU concerned.

(e) Monitoring operations. Whenever required to carry out the objectives of this division, the POD shall have the right to set up on the user's property such devices as are reasonably necessary to conduct sampling, inspection, compliance or demand monitoring and/or metering operations.

(f) Monitoring facilities. The POD may require any user to install and maintain at the user's expense a suitable control manhole together with necessary approved meters, flow apparatus and other appurtenances in the building sewer and/or internal drainage systems to facilitate observation, sampling and measurement of the wastestream. All devices used to measure the wastewater flow and quality shall comply with DEP-SOP-001/01 (March 31, 2008). Such facility shall be accessible, safely located and constructed in accordance with plans reviewed and accepted by the POD. The monitoring facility shall be situated on the user's premises unless the use of an existing monitoring facility on City property is approved by the POD in writing. Such approval may be revoked at any time and the user required to provide suitable monitoring facilities on his own property. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the POD and shall not be replaced. The costs of clearing such access shall be borne by the user.

(Code 1992, § 27-215; Ord. No. 296-G, § 1, 10-7-1997; Ord. No. 67-H, § 10, 2-21-2013)






Sec. 27-312. Administrative enforcement and abatement.

(a) Enforcement procedure. Whenever the POD determines or has reasonable cause to believe that a discharge of wastewater has occurred in violation of this division, the user's IWDP or any other applicable law or regulation, the POD shall evaluate the violation as prescribed in the following:

(1) If the POD determines the violation does not cause the SIU to be in SNC as defined in section 27-303 he shall issue the SIU a notice of violation stating the nature of the violation and requesting information or requiring corrective action within a specified time period. In response to this notice:

a. Failure of the SIU to respond within ten working days of the date of the notice shall cause the SIU to be in SNC and the POD may issue a notice of SNC as prescribed in subsection (a)(3) of this section.

b. If the SIU responds with an acceptable written explanation for the violation or corrects the violation within the prescribed time, the POD may cease all further enforcement action.

c. If the SIU requests additional time to correct the violation, it shall submit a compliance schedule outlining what steps will be taken to gain compliance and prevent reoccurrence of the violation. The POD shall evaluate this request, modify it as deemed necessary and may issue a short-term compliance schedule requiring the corrective actions to be made within a specified period of time not to exceed 60 days as prescribed in subsection (a)(2) of this section.

d. If the SIU responds that pretreatment is required to correct the discharge problem the POD may issue a notice of SNC as prescribed in subsection (a)(3) of this section.

(2) Once an SIU has received a short-term compliance schedule:

a. Failure of the SIU to implement the short-term compliance schedule within ten working days of receiving the schedule may cause the POD to declare the SIU to be in SNC, issue an administrative surcharge to the SIU in the amount of $500.00 and issue a final compliance schedule as prescribed in subsection (a)(5) of this section.

b. If the SIU complies with the short-term compliance schedule within the specified time period, the POD may cease further enforcement action.

c. If the POD determines that compliance has not been achieved after the time specified in the short-term compliance schedule, or no response has been received from the SIU, the POD may declare the SIU to be in SNC, issue an administrative surcharge to the SIU in the amount of $500.00 and issue a final compliance schedule as prescribed in subsection (a)(5) of this section.

(3) If the POD determines the violation causes the SIU to be in SNC as defined in section 27-303 he may issue the SIU a notice of SNC stating the nature of the violation and requiring corrective action within a specified time period.

a. Failure of the SIU to respond within ten working days of the date of the notice may cause the POD to issue an administrative surcharge to the SIU in the amount of $500.00 and issue a final compliance schedule as prescribed in subsection (a)(5) of this section.

b. If the SIU requests additional time to correct the violation, it shall submit a compliance schedule outlining what steps will be taken to gain compliance and prevent reoccurrence of the violation. The POD shall evaluate this request, modify it as deemed necessary and may issue a first compliance schedule requiring the corrective actions to be made within a specified period of time as prescribed in subsection (a)(4) of this section.






(4) Once an SIU has received a first compliance schedule:

a. Failure of the SIU to implement the first compliance schedule within ten working days of receiving the schedule may cause the POD to issue an administrative surcharge to the SIU in the amount of $500.00 and issue a final compliance schedule as prescribed in subsection (a)(5) of this section.

b. If the SIU complies with the first compliance schedule within the specified time period, the POD may cease further enforcement action.

c. If the POD determines that compliance has not been achieved after the time specified in the first compliance schedule, or no response has been received from the SIU, the POD may issue an administrative surcharge to the SIU in the amount of $500.00 and issue a final compliance schedule as prescribed in subsection (a)(5) of this section.

(5) Once an SIU has received an administrative surcharge of $500.00 and a final compliance schedule:

a. Failure of the SIU to implement the final compliance schedule within ten working days of receiving the schedule may cause the POD to revoke the IWDP, terminate the SIU's sewer service, take further enforcement action against the user and seek to fine the SIU an amount of $1,000.00 per violation.

b. If the SIU complies with the final compliance schedule within the specified time period, the POD may cease further enforcement action.

c. If the POD determines that compliance has not been achieved after the time specified in the final compliance schedule, or no response has been received from the SIU, the POD may revoke the IWDP, terminate the SIU's sewer service and seek to fine the SIU an amount not less than $1,000.00 per violation.

(b) Cessation of enforcement action. The cessation of any enforcement action by the POD shall not relieve the SIU concerned of any costs of demand monitoring or other activities carried out by the City during the enforcement period.

(c) Conciliation meetings. At any point before or during the enforcement action, the POD may, but shall not be required to, invite representatives of the SIU to a conciliation meeting to discuss the violation and methods of correcting the cause of the violation. Such additional meetings as the POD deems advisable may be held to resolve the problem. If the SIU and the POD can agree to appropriate remedial and preventative measures, they shall commit such agreement in writing with provisions or a reasonable compliance schedule and the same shall be incorporated as a supplemental condition of the user's IWDP.

If an agreement is not reached through the conciliation process the POD may continue with the enforcement policy as outlined in subsection (a) of this section and take such other actions as deemed advisable to ensure the SIU's compliance with the division or other law or regulation.

(d) Violation notice issuance. Failure of the POD to issue any notices of violation or notices of SNC referred to in subsection (a) of this section shall not in any way relieve the SIU from any consequences of a wrongful or illegal discharge. All notices of violation shall be issued to SIUs by certified mail, return receipt requested. Failure or refusal to accept any issued notices shall subject the SIU to immediate termination of its IWDP.

(e) Compliance schedules. All compliance schedules referred to in subsection (a) of this section shall contain specific actions to be taken by SIUs to correct the noncompliance within the time period also specified by the schedule. Schedules may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including but not limited to the






installation and proper operation of pretreatment technology, additional self-monitoring and management practices.

(f) Publication of significant noncompliance. For each occasion that an SIU is determined to be in significant noncompliance within the 12-month period from July 1st to June 30th each consecutive year, the POD, in compliance with F.A.C. 62-625.500(2)(b)8, shall publish, at least annually a public notice in a newspaper of general circulation in the City. This public notice shall include the name and address of the user, reasons for the significant noncompliance including dates and pollutant parameter concentrations, any enforcement actions taken against the SIU and any other relevant information to be determined by the POD. The costs of the notices shall be billed to the individual SIUs concerned who shall be responsible for reimbursing the City for the costs incurred.

(g) Administrative surcharges. All surcharges referred to in subsection (a) of this section shall be billed directly to the SIUs concerned by separate invoices and the POD shall have such other collection remedies there are to collect other service charges. Any SIU charged such surcharge shall have ten days in which to file a written objection to the assessment of that surcharge along with full payment of the surcharge amount to the POD. If the SIU fails to file objections within that time, the SIU is deemed to have waived its right to challenge that assessment. If the SIU files a timely objection to the assessment which includes full payment of the surcharge the POD shall submit the matter to City Council for a hearing.

(h) Appeal to City Council. The City Council shall conduct a public hearing within 30 days following the submission by the POD of any objections by an SIU to the imposition of an administrative surcharge. The POD shall notify the SIU of the date, time and location of the hearing scheduled before the City Council. The City Council shall determine whether circumstances exist which would merit the return of the surcharge together with any interest accruing. If the surcharge is upheld, the City may add the administrative costs associated with the hearing to the surcharge.

(i) Enforcement of permit and compliance schedule conditions. All conditions and requirements contained in IWDPs, notices of violation and compliance schedules are specifically and independently enforceable regardless of whether they are expressly required by or set out in this chapter.

(j) Emergency termination of service. In the event of an actual or threatened discharge to the POTW of any pollutant which reasonably appears to present an imminent endangerment to the health or welfare of persons, the POD shall immediately and effectively temporarily terminate the service of such user as is necessary to abate the condition. The POD shall also contact the affected industrial user causing the emergency and request their assistance in abating same. Such service shall be restored as soon as the emergency situation has been abated or corrected satisfactorily. In the event of an actual or threatened discharge to the POTW of any pollutant which reasonably appears to present an endangerment to the environment, or which threatens to interfere with the operation of the POTW, the POD shall immediately notify the industrial user causing the discharge of the City's intention to terminate service if the condition is not immediately abated or corrected. The POD shall request the user's immediate response and assistance in abating or correcting same. The POD may temporarily terminate the service of such user as is necessary to abate the condition, when such action appears reasonably necessary. Such service shall be restored by the POD as soon as the condition has been abated or corrected satisfactorily.

(k) Assessment of damages to users. When a discharge of waste causes an obstruction, damage or any other impairment to the facilities, or any expense of whatever character or nature to the City, the POD shall assess the expenses incurred by the City to clear the obstruction, repair damage to the facility, and any other expenses or damage of any kind or nature suffered by the City. The POD shall file a claim with the user or any other person causing or suffering such damages to occur seeking






reimbursement for any and all expenses or damages suffered by the City. The City shall take such measures as shall be appropriate to recover for any expense or other damages suffered by the City.

(l) Public nuisance. Discharge of wastewater in any manner in violation of this division, or of any condition of an IWDP is hereby declared a public nuisance and shall be corrected or abated immediately.

(m) Cease and desist order. When the POD finds that the user has violated, or continues to violate, any provision of this division, an individual IWDP, or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the POD may issue an order to the user directing to cease and desist all such violations and directing the user to:

(1) Immediately comply with all applicable requirements; and

(2) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(n) Remedies not exclusive. The remedies provided for in this section are not exclusive. The POD may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the City's enforcement response plan. However, the POD may take other action against any user when the circumstances warrant. Further, the POD is empowered to take more than one enforcement action against any noncompliant user.

(o) Violations and penalties. Any user who has violated, or continues to violate, any provision of this division, an IWDP, or order issued hereunder, or any other pretreatment standard or requirement shall be subject to enforcement as authorized in chapter 1 of this Code and the City shall have the authority to seek or assess a civil or criminal penalty in an amount not less than $1,000.00 per violation, per day in accordance with applicable state and federal law. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

(Code 1992, § 27-216; Ord. No. 296-G, § 1, 10-7-1997; Ord. No. 67-H, §§ 11, 12, 2-21-2013)

Sec. 27-313. Affirmative defenses to discharge violations.

(a) Upset.

(1) An upset does not constitute noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. An upset shall constitute an affirmative defense to an action brought for noncompliance with pretreatment standards if the requirements of subsection (a)(2) of this section, are met.

(2) An industrial user who wishes to establish the affirmative defense of an upset shall demonstrate, through properly signed, contemporaneous logs, or other relevant evidence that:

a. An upset occurred and the industrial user can identify the causes of the upset;

b. The industrial user's facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and

c. The industrial user has orally submitted the following information to the POD within 24 hours of becoming aware of the upset, with a written submission to be provided within five days, including the following information:






1. A description of the indirect discharge and cause of noncompliance;

2. The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and

3. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

(3) In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.

(4) The industrial user shall control production or all discharges to the extent necessary to maintain compliance with pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.

(b) Prohibited discharge standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the prohibitions in section 27-307 if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:

(1) A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or

(2) No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the City was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.

(c) Bypass.

(1) Notice.

a. If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the POD, at least ten days before the date of the bypass. If the industrial user does not know of the need for a bypass ten days prior to the bypass then the industrial user shall notify the POD immediately upon knowledge of the need for the bypass.

b. An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the POD within 24 hours from the time the industrial user becomes aware of the bypass. A written submission shall also be provided within five days of the time the industrial user becomes aware of the bypass.

The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps being taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass.

(2) Exceptions.

a. Bypass is prohibited, and the POD may take an enforcement action against a user for a bypass, unless:

1. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage as defined herein;

2. There were no technically feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during






normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

3. The user submitted notices as required under subsection (c)(1) of this section.

b. The POD may approve an anticipated bypass, after considering its adverse effects, if the POD determines that it will meet the three conditions listed in subsection (c)(2)a. of this section.

(3) Allowable bypasses. A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of paragraphs (c)(1) and (2) of this section.

(4) User liable for damage. In the event of an unavoidable bypass, the industrial user shall not be relieved of any liability for damage to the POTW.


Sec. 27-314. Transported liquid waste regulations and procedures.

(a) Purpose. It is the intent of the City to provide adequate treatment for all domestic sewage wastes generated and discharged within the sanitary sewer service area of the City including the domestic sewage wastes generated by any ships that are berthed in City's docks. Certain domestic wastes, including primarily those liquid wastes removed from septic tanks, temporary domestic waste holding tanks and ships that are not able to discharge their domestic wastewater directly into the City's sanitary sewer system through approved discharge points on the dockside, are transported to the Albert Whitted Water Reclamation Facility (AWWRF) by liquid waste transport or similar trucks.

This section provides regulations and procedures for the control of the discharge of wastes from commercial liquid waste transport trucks. These regulations are established to:

(1) Provide for the prior issuance of transported waste discharge permits (TWDPs) to all companies wishing to discharge wastes from liquid waste transport trucks at the AWWRF.

(2) Provide a location and time where such liquid wastes may be discharged.

(3) Institute a manifest system which will be required to document the source of all such liquid wastes.

(4) Provide for the sampling and analysis of liquid wastes from any truck wishing to discharge, to ensure that no industrial wastes containing toxic or other prohibited wastes as defined in section 27-307 are discharged into the AWWRF from liquid waste transport trucks.

(5) Institute a scale of fees to cover expenses associated with the sampling, analysis and treatment of such wastes.

(6) Limit the volume of such wastes that may be discharged from any one truck on any one occasion.

(7) Provide for an escalating enforcement procedure including the imposition of monitoring fees, administrative surcharges and withdrawal of authorization to discharge if it is determined that records are falsified or if prohibited wastes are discharged.






(b) Administration and permitting.

(1) A transported waste discharge permit (TWDP) is required for any person who proposes to discharge domestic sewage wastes from liquid waste transport trucks to the AWWRF. The POD shall approve, deny or approve with special conditions all applications for permits in accordance with the policies and regulations established in this section. It shall be unlawful for any person or company to discharge liquid waste transport trucks at the AWWRF without a current TWDP.

(2) All persons required under the terms of this section to obtain a TWDP shall submit to the City a completed application for a TWDP together with the required fee. Each application shall include the following information:

a. Name, address and telephone number of applicant. If the applicant is a partnership, corporation or other business, the name of an authorized representative shall be provided.

b. The type, license tag number, and description of each vehicle from which waste will be discharged by the applicant. Any new or replacement equipment acquired subsequent to the application shall be reported to the POD prior to any discharge from this new equipment into the AWWRF.

c. A statement that the provided information is accurate must be signed by the authorized representative of the wastewater transporter.

(3) Each permit shall be effective for a two-year period and may include special conditions as deemed necessary by the POD. An application for renewal of the permit shall be submitted at least 30 days prior to the expiration date of the existing permit by each applicant wishing to continue to discharge into the POTW. Failure to submit applications in a timely manner will result in periods when discharge will not be permitted due to lack of authorization.

(4) The TWDP shall be in addition to any other permits, registrations, or business licenses which may be required by the federal, State or local law.

(5) When necessary to protect the public health, safety and welfare in accordance with the terms set forth in section 27-312(i).

(c) Revocation of permit. Any TWDP may be modified, suspended or revoked in whole or in part during its term for a period of at least one year for cause shown including, but not limited to, any one of the following:

(1) Falsification of any information submitted as part of the application for the TWDP.

(2) Falsification of any information contained on a required discharge manifest.

(3) Failure to comply with any requirements or regulations concerning discharges to the AWWRF as provided by section 27-307

(4) Failure to pay required discharge fees, sampling and analytical fees or any assessed surcharges in a timely manner.

Withdrawal of permission to discharge shall be in addition to any other penalties for violations of any part of this division.

(d) Acceptable wastes. Domestic sewage wastes generated within the sanitary sewer service area of the City from septic tanks and portable toilets and sewage wastes generated by ships that berth in City's docks are the only acceptable wastes for discharge to the AWWRF by liquid waste transport trucks. Representative samples of the wastewater or sewage from ships berthed at docks within the City's municipal area shall be analyzed for COD, chlorides, oil and grease, copper, lead, nickel and zinc prior to pickup by the transport truck. The results of these analyses shall be submitted to the






POD who will authorize the discharge of these wastes at the POTW provided all pollutant concentrations are less than the limits established in subsection (f) of this section. Any domestic sewage wastes originating outside the sanitary sewer service area of the City are not acceptable. Wastewaters produced by any type of industrial or manufacturing process and mixtures of industrial and domestic wastewaters from any area are strictly prohibited.

(e) Application for TWDP for treated wastewater generated outside the sanitary sewer service area. Notwithstanding the prohibition of acceptance of wastewater produced by any industrial or manufacturing process or of domestic sewage wastewater originating outside the sanitary sewer service area of the City pursuant to subsection (d) of this section, at the request of the State and when in the public interest, the City may accept treated wastewater from such prohibited sources in order to conduct a pilot study for a period of time not to exceed six months, to determine whether or not the City could treat that wastewater without adversely impacting the City's operations. A pilot study may be conducted, provided the acceptance of such treated wastewater will increase the amount of reclaimed water available for reuse and distribution to the public for landscape irrigation and further provided that the treated wastewater to be accepted shall not cause a violation of any permit condition, law, or regulation.

(1) The POD shall have the authority to issue a TWDP for such treated wastewater to be accepted at any of the City's POTW and at such times determined by the POD to be appropriate, but otherwise in accordance with the provisions of section 27-314 applicable to all TWDP's and subject to the additional requirements of this subsection. Prior to issuing such TWDP, the director shall consider the following:

a. Compatibility of the treated wastewater with wastewater treatment plant processes, reclaimed water, and residual disposal;

b. Benefit of receiving additional treated wastewater for the purpose of increasing reclaimed water supplies;

c. Content, quality, and effect of accepting the treated wastewater on plant operations, reclaimed water quality and residuals;

d. Adequacy and condition of trucks transporting wastewater;

e. Effect of accepting the treated wastewater on security measures;

f. Adequacy and availability of infrastructure necessary to accommodate the additional treated wastewater; and

(2) The POD shall not issue a TWDP for treated wastewater generated outside the sanitary sewer area unless the applicant has submitted the following:

a. Proof of insurance by way of a certificate of insurance, through the term of the permit, including coverage under commercial general liability, automobile liability, and pollution liability. The scope and limits of said coverage shall be determined by the POD. During the term of the permit, and any extensions thereof, the applicant will cause each carrier to add the City as an additional named insured on the insurance policies in effect.

b. Execution of an indemnity agreement acceptable to the City Attorney, holding the City harmless from any and all liability, claims, judgments or costs, for injury to or death of any person or for loss or damage to any property, both real and personal, resulting from the applicant's transportation of the treated wastewater or the discharge of treated wastewater at a POTW. The applicant shall agree to notify any and all governmental authorities immediately upon discovery of any such claim or liability, and the applicant shall agree to undertake, at its own expense, all remedial measures necessary. With respect to damage






to the POTW, in the event the applicant fails to commence, or once commenced, fails to complete, within a reasonable period of time, such corrective action and remediation as required by the City, then the City shall have the right to undertake such activity and the applicant shall agree to reimburse the City for expenses made necessary by the applicant's failure to act.

c. Documentation demonstrating reasonable assurance that the treated wastewater will not cause the POTW to be in noncompliance with the terms of any federal, State, and local permits, laws, and regulations.

(3) Issuance of TWDP. The issuance of a TWDP shall not vest any rights or exclusive privileges to the applicant. The applicant shall be required to comply with all appropriate federal, State, or local laws and regulations. The TWDP shall include conditions deemed appropriate by the POD, including, but not limited to:

a. Conditions authorizing the temporary or permanent suspension of the discharge at any time when determined by the POD to be in the City's best interest or for the efficient operation of City facilities;

b. Restrictions on the hours of operations;

c. Requirements for manifests;

d. Information on the drivers;

e. Limitations on the number of vehicles;

f. Limitations on the volume of wastewater;

g. Sampling and monitoring requirements;

The TWDP shall become effective only upon approval by City Council.

(4) Additional grounds for revocation of TWDP. In addition to the grounds for revocation set forth in subsection (c) of this section, the POD may revoke any TWDP granted pursuant to this subsection and may terminate any and all discharges authorized pursuant to this subsection at any time or location, without any restriction, when the POD deems it necessary for the efficient operation of a POTW or for the public health, safety or welfare, or when the discharge itself, or in conjunction with other wastewater constituents, is or could be interpreted to be a violation of the State of Florida Domestic Wastewater Facility Operating Permit, any other permit, or any federal or State law or regulation, or is degrading the reclaimed water or residuals produced at a water reclamation facility.

(5) Transportation. Any vehicles or vessels transporting treated wastewater must conform to the United States Department of Transportation regulations, the State department of transportation regulations and any other applicable federal, State or local laws and regulations. Such vehicles or vessels shall also conform to the requirements established by the POD in the TWDP including but not limited to limitations on weight, length, width, capacity and load. Notwithstanding the volume limitations of subsection (f) of this section, treated wastewater transported by vehicles pursuant to this subsection may be accepted provided volume capacities do not exceed 10,000 gallons. Capacity limitations for vessels shall be determined by the POD depending upon the location that treated wastewater is accepted for discharge into the sewer system. When transporting treated wastewater through the City, vehicles shall not be fueled in the City, nor shall any stop be made within the City, except as required by traffic regulations. Such vehicles shall be prohibited from using Jake brakes when operating within the City limits. Vehicles transporting wastewater shall avoid congested areas so far as practicable and use highway exits as close as possible to their final destination. No more than 20 vehicles






per day shall be permitted to transport such treated wastewater to City facilities during the pilot study.

(6) Discharge. Treated wastewater shall not be transferred from one container or vehicle to another on any public highway, street or road except in cases of emergency. In the event of a breakdown or collision, the fire and police departments shall be promptly notified. The driver, operator, attendant or helper of any vehicle transporting treated wastewater shall not leave the vehicle while it is discharging its contents, and when doing so, such delivery hose shall be attached to the vehicle and shall be considered a part of the vehicle. Ownership to the treated wastewater will pass to the City at the point designated by the POD where that treated wastewater enters the sewer system.

(7) Sampling and analysis of wastes. All costs incurred by the City as a result of sampling and analysis of the treated wastewater originating outside the sanitary sewer service area shall be borne by the applicant for the TWDP.

(8) Fees. Treated wastewater generated from an industrial or manufacturing facility discharged at a POTW shall be charged a monthly pretreatment service charge equivalent to the charge provided for in section 27-308

(f) Pollutant limitations of acceptable wastes. Acceptable transported liquid wastes as defined in this section are subject to the following pollutant limitations:

(1) All general discharge prohibitions as itemized in section 27-307(a); and

(2) All specific limitations as itemized in section 27-307(d), Table 1 except for chemical oxygen demand which shall be limited at 18,000 milligrams per liter.

(g) Volume limitations. Acceptable wastes for discharge to the POTW from liquid waste transport trucks shall be limited to 3,000 gallons or less per discharge. Trucks with capacities in excess of 3,000 gallons must be fitted with a suitable meter to measure the total discharge and will not be permitted to discharge more than 3,000 gallons in one load. Trucks with capacities in excess of 3,000 gallons that are not fitted with discharge meters will be refused permission to discharge at the POTW.

(h) Manifest and permit requirements. Prior to discharge of each load of waste into the POTW from a liquid waste transport truck, a complete and signed manifest must be presented to the POD in charge. The completed manifest shall indicate the origin of all wastes contained in the truck to be discharged. The date, customer name, address served, type and amount of waste must be identified on the manifest for each source of waste contained in the truck. The name of the liquid transport company, vehicle license tag number, driver name, date, time and driver's signature must be provided for the manifest to be complete. By signing the manifest, the driver will certify the accuracy of the information provided on that manifest. Discharge will be permitted only when a completed manifest is submitted to the satisfaction of the POD in charge of the facility.

(i) Location and time. Acceptable transported liquid wastes shall be discharged at the AWWRF, 601 8th Avenue Southeast, between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday. Discharges may be permitted during other hours and on weekends if plant personnel are notified (893-7377) in advance and have approved a time for the discharge.

The exact location of the discharge point within the AWWRF shall be identified by the POD.

(j) Spill reporting. Upon learning or otherwise becoming aware of any accident, spill, or other discharge concerning a liquid waste transport truck which has occurred within the City, the liquid waste transporter shall immediately notify the POD (893-7261).

(k) Fees and billing. The fees provided for in this section are separate and distinct from all other fees chargeable by the City. All fees shall become immediately due and owing to the City upon receipt of






invoices for rendition of services or expenditure by the City and shall become delinquent if not fully paid within 45 days after receipt. All such delinquent sums shall be subject to a late charge of 15 percent. The fees are as follows:

(1) A permit application fee of $50.00 for each truck listed on the application form shall be payable for both initial and renewal applications for two-year permits. Each additional truck added to the list during the duration of the permit shall also be subject to a fee of $50.00. Replacement trucks shall not be subject to this fee throughout the duration of the permit.

(2) Each time a waste load is discharged at the POTW, a waste discharge fee based on the capacity of the specific truck listed on the application form shall apply regardless of the actual volume of waste discharged by the truck. This waste discharge fee shall be $1.50 per 100 gallons of truck capacity for trucks with capacities not exceeding 3,000 gallons. Trucks with capacities in excess of 3,000 gallons must be fitted with a suitable meter to measure the total discharge and will not be allowed to discharge more than 3,000 gallons in one load and the service fee will be $45.00. The fee is established for treatment and associated administrative costs for providing this service.

(3) Fees for random sampling and analysis carried out by the City which identify a violation as included in section 27-308(i).

(4) Fees for all demand sampling and analysis carried out after a violation has been detected shall be chargeable to the permittee in full as itemized in section 27-308(i).

Liquid waste transport businesses will be invoiced each month based on the number of truck loads discharged.

(l) Sampling and analysis of wastes. Random sampling of the contents of any liquid waste transport truck proposed for discharge into the POTW may be conducted by the POD in charge, prior to discharge. Samples will be analyzed by the City laboratory for the purpose of determining the presence of industrial or other prohibited wastes as specified by section 27-307. At the driver's request, samples will be split with the haulage company for comparative analysis at their own expense. At a minimum, random samples will be analyzed for the following pollutants: pH, COD, chloride, cadmium, chromium, copper, lead, nickel, silver, zinc, oil and grease, EPA Method 624. Additional analyses may be performed for other pollutants that the POD has reason to believe may be present based on an inspection of the sample and the manifest.

No charge will be made to the permittee for this random sampling and analysis unless a violation is detected. When any violation is detected:

(1) The total cost of the sampling and analysis shall be chargeable to the permittee in full as itemized in section 27-308(i).

(2) Demand sampling and analysis for the specific pollutant's in violation from all subsequent discharges by the permittee will be required at the permittee's expense until no further violations are detected in three consecutive samples.

(m) Enforcement. A notice of violation will be issued to the appropriate permitted waste hauler if random sampling and analysis reveals a violation. Response to this notice must be received by the City within ten working days of its receipt by the waste hauler. The waste hauler will be required to identify the origin of the unacceptable waste and to implement appropriate procedures to prevent the reoccurrence of this violation. Increased demand sampling and analysis of discharges will be carried out by the City once a violation has been detected. Escalating enforcement procedures, administrative surcharges and other penalties will be applied when continuing violations are






detected, including, but not limited to, termination of service and/or citation to county court for violations of this division.

(Code 1992, § 27-218; Ord. No. 296-G, § 1, 10-7-1997; Ord. No. 604-G, §§ 1, 2, 8-7-2003; Ord. No. 798-G, § 2, 12-14-2006; Ord. No. 11-H, § 3, 12-15-2011)

Secs. 27-315—27-331. Reserved.

Documents

DIVISION 3. WASTEWATER COLLECTION AND … ii - st. petersburg city code chapter 27 - utilities article iii. - sewers and sewage disposal division 3. wastewater collection and treatment