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HomeMy WebLinkAbout1994-236/15/94 (c11201_dOC�OW I)oe- ORDINANCE 94- 2,1 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 201 COUNTY WATER AND SEWER SERVICES OF THE INDIAN RIVER COUNTY CODE TO PROVIDE PRETREATMENT REGULATIONS. WHEREAS, it is necessary for public health, safety and welfare to set forth uniform requirements for direct and indirect discharges of pollutants from industrial users into the wastewater collection and treatment system of Indian River County, and WHEREAS, these regulations enable the County to comply with applicable State and Federal laws including the Clean Water Act (33 USC 1251, et. seg.) and the General Pretreatment Regulation (40 CFR Part 403), NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that: SECTION 1. CONSEQUENTIAL AMENDMENT T. Section 201.08 is amended by the addition of a new subparagraph to read as follows: N. Pretreatment Fees. 1) Industrial users who are required to obtain an industrial discharge permit pursuant to Part III of this chapter shall pay an initial application fee of $150.00 and an annual fee of $100.00. 2) Industrial users who are required to submit monitoring reports pursuant to Part III of this chapter shall be assessed a late fee of $50.00 for each incidence of failure to submit a monitoring report within 60 days of the designated monitoring date. SECTION 2. PRETREATMENT REGULATIONS. Attachment sets forth pretreatment regulations which are hereby adopted and which will not be codified at this time. SECTION 3. CODE AMENDMENT* A new Part III to Chapter 201 is added to read as follows Part III Pretreatment Regulations . Pretreatment regulations for industrial users have been adopted by ordinance. These regulations have not been codified but are in full commissioners the force and effect as if they were included in this code. A copy of regulations may be obtained from the clerk to the board of county commissioners or from the utility department of the county. M SECTION 4. SEVERABILITY. If any section, or any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 5. EFFECTIVE DATE. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 26 day of Jul y 19940 This ordinance was advertised in the Vero Beach Press -Journal on the 2 day of July 1994, for a public hearing to be held on the 26 day of July , 1994, at which time it was moved for adoption by Commissioner Eggert seconded by Commissioner Bi rd and adopted by the following vote Chairman John W. Tippin Aye Vice Chairman Kenneth R. Macht Aye Commissioner Carolyn K. Eggert Aye Commissioner Richard N. Bird Aye Commissioner Fran B . Adams Aye BOARD OF COUNTY COMMISSION INDIAN RIVER COUNTY, FLORIDA By John W. Tip i Chairm t c Attest By , Pornu .�• flea by the Department of State of the Stateofa:.F o da; ',-: Pai Acknowledgement..,. this 1st day of August 1994 /S Effective dates Acknowledgement from the Department of State received on this 3rd day of August , 1994, at 10:0(t•m/VxRi. and. filed in the Office of the Clerk of the Board of County Commissioners of Indian River County, Florida. -2- becoming law. This ordinance shall become effective upon Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 26 day of Jul y 19940 This ordinance was advertised in the Vero Beach Press -Journal on the 2 day of July 1994, for a public hearing to be held on the 26 day of July , 1994, at which time it was moved for adoption by Commissioner Eggert seconded by Commissioner Bi rd and adopted by the following vote Chairman John W. Tippin Aye Vice Chairman Kenneth R. Macht Aye Commissioner Carolyn K. Eggert Aye Commissioner Richard N. Bird Aye Commissioner Fran B . Adams Aye BOARD OF COUNTY COMMISSION INDIAN RIVER COUNTY, FLORIDA By John W. Tip i Chairm t c Attest By , Pornu .�• flea by the Department of State of the Stateofa:.F o da; ',-: Pai Acknowledgement..,. this 1st day of August 1994 /S Effective dates Acknowledgement from the Department of State received on this 3rd day of August , 1994, at 10:0(t•m/VxRi. and. filed in the Office of the Clerk of the Board of County Commissioners of Indian River County, Florida. -2- {' rd" Attachment "A" SECTION I. GENERAL A. Definitions: Shall is mandatory, may is permissive or discretionary. The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use. BOD - Biochemical Oxygen Demand CBOD - Carbonaceous Biochemical Oxygen Demand CFR - Code of Federal Regulations COD - Chemical Oxygen Demand EPA - United States Environmental Protection Agency gpd - gallons per day LC50 - Lethal Concentration of Fifty Percent (50%) of the Test Organisms L - Liter mg - Milligrams mg/L - I Iffligrams per Liter NTPDES - Rational Pollutant Discharge Elimination System O & M - Operation and Maintenance POTW - Public Ourned Treatment Works RCRA - Resources Conservation and Recovery Act SIC - Standard Industrial Classification SIU - Significant Industrial User SWDA - Solid Waste Disposal Act (42 USC 6901, et seq.) TSS - Total Suspended Solids USC - United States Code y Unless the context specifically indicates otherwise, the folloNN"ing terns and phrases, as used in this ordinance, shall have the meanings hereinafter designated: L Authorized Representative: a. If the Industrial user is a corporation, authorized representative shall mean. (1) The president, secretary, treasurer, or a vice president of the corporation in charge of a principal business function or any other person who performs similar policy or decision making functions of the corporation; or E:\765NrEP0 RTO RDTNALNC.I 1 The following abbreviations shall have the designated meanings: BOD - Biochemical Oxygen Demand CBOD - Carbonaceous Biochemical Oxygen Demand CFR - Code of Federal Regulations COD - Chemical Oxygen Demand EPA - United States Environmental Protection Agency gpd - gallons per day LC50 - Lethal Concentration of Fifty Percent (50%) of the Test Organisms L - Liter mg - Milligrams mg/L - I Iffligrams per Liter NTPDES - Rational Pollutant Discharge Elimination System O & M - Operation and Maintenance POTW - Public Ourned Treatment Works RCRA - Resources Conservation and Recovery Act SIC - Standard Industrial Classification SIU - Significant Industrial User SWDA - Solid Waste Disposal Act (42 USC 6901, et seq.) TSS - Total Suspended Solids USC - United States Code y Unless the context specifically indicates otherwise, the folloNN"ing terns and phrases, as used in this ordinance, shall have the meanings hereinafter designated: L Authorized Representative: a. If the Industrial user is a corporation, authorized representative shall mean. (1) The president, secretary, treasurer, or a vice president of the corporation in charge of a principal business function or any other person who performs similar policy or decision making functions of the corporation; or E:\765NrEP0 RTO RDTNALNC.I 1 (2) The manager of one or more ma�nt factunng, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding S25 million (indexed to inflation commencing with the effective date of this ordinance), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. b. If the industrial user is a partnership, association, or sole proprietorship, an authorized representative shall mean a general partner or the proprietor. c. If the individual user is representing Federal, State or local government, or an agent thereof, authorized representative shall mean a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility. d. The individual described in paragraphs a through c above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from the discharge originates or having overall responsibility for environmental matters for the company, and the authorization is submitted to the County. 4. Biochemical Oxygen Demand (BOD): The quantity of oxygen utilized in the biochemical oxidation of organic_maner under standard laboratory procedure, five (5) days at 20' Centigrade expressed in terms of mass concentration, milligrams per liter (mg/1). 5; Building Sewer: A sewer conveying wastewater from the premises of a user to the POTW. 6. Categorical Pretreatment Standard or Categorical Standard: Any regulation or amendment containing pollutant discharge limits promulgated by the USEPA in accordance with Section 307 (b) and (c) of the Act (33 USC 1317) which applies to a specific category of industrial users and which appears in 40 CFR Chapter 1, Subchapter N, Part 405471, incorporated herein by reference. 7. Compatible wastes. CBOD, BOD, COD, TKN, TP, suspended solids, and BOD/COD. 8. Color: The optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred percent (100%) transmittance is equivalent to zero (0.0) EN0765?�RFPORYNDRDNA.NC.I 2 9. Cooling Water* The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat. 10. Countymi : The Board of Countv Comssioners of Indian River County, Florida. 11. Discharge: The discharge or the introduction of nondomesric pollutants into the municipal wastewater system by an industrial user. 12. Domestic Sewage or Domestic Wastewater. Wastewater which only contains human excrement and household gray water (shower, dishwashing operations, etc.). 13. Environmental Protection Agency or USEPA: The U.S. Environmental Protection ,Agency, or where appropriate, the term may also be used as a designation for the Regional Water Management Division Director or other duly authorized official of said agency. 14. Existing Source: Any source of discharge, the construction or operation of which commenced prior to the adoption of this ordinance. 16. Holding Tank Waste: Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum pump tank trucks. 17. Industrial User(s): Any discharger of Industrial Wastewater to the wastewater collection and treatment system of the County. 18. Industrial Wastewater: Wastewater from a non-residential source or any wastewater which contains wastewaters which cannot be classified as Domestic Wastewater. 19. Interference: A discharge which causes or contributes to the inhibition or disruption of the municipal wastewater system, including sewerage collection facilities, the processes or operations of L e treatment plant, or the use or disposal of sewage sludge in accordance with any of the folloN ring regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act; the Solid Waste Disposal Act (including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA)); any State sludge management plan prepared pursuant to Subtitle D of the SN `DA, the Clean Air Act; the Toxic Substances Control Act; and the ?Marine Protection, Research and Sanctuaries Act. E-.\765TNP RT ORDNANCA 3 is from basis 15. Grab Sample: A sample which taken a waste stream on a one-time without regard to the flow in the waste stream and without consideration of time. 16. Holding Tank Waste: Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum pump tank trucks. 17. Industrial User(s): Any discharger of Industrial Wastewater to the wastewater collection and treatment system of the County. 18. Industrial Wastewater: Wastewater from a non-residential source or any wastewater which contains wastewaters which cannot be classified as Domestic Wastewater. 19. Interference: A discharge which causes or contributes to the inhibition or disruption of the municipal wastewater system, including sewerage collection facilities, the processes or operations of L e treatment plant, or the use or disposal of sewage sludge in accordance with any of the folloN ring regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act; the Solid Waste Disposal Act (including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA)); any State sludge management plan prepared pursuant to Subtitle D of the SN `DA, the Clean Air Act; the Toxic Substances Control Act; and the ?Marine Protection, Research and Sanctuaries Act. E-.\765TNP RT ORDNANCA 3 20. Local Limits Limits established by this ordinance for r.ondce)A stic ;sol?utast concentrations discharged by nondomestic sources to the wastewater collection and treatment system of the County. 21. Medical «taste: Isolation wastes,. infectious agents, human blood byproducts, pathological wastes, sharps, body pans, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes. 22. Municipal Wastewater System or System: A "treatment works" as defined by Section 212 of the Act (33 USC 1292) which is owned by the State or municipality. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes and any conveyance which convey wastewater to a treatment plant. The term also means the municipal entity having responsibility for the operation and maintenance of the system. 23. National Pollution Discharge Elimination System or NPDES Permit: A permit issued pursuant to Section 402 of the Act (33 UAX 1'342). by the Federal Government for a point source discharge of treated wastewater. 24. New Source: Any source of a discharge, the construction or operations of which commenced after the adoption of this ordinance. 26. Nondomestic Pollutants: Any substances other than human excrement and household gray water (shower, dishwashing operations, etc.). Nondomestic pollutants include the characteristics of the wastewater, (i.e. pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, odor, etc.). 26. Nondomestic Source(s) or Nondomestic Use s)9 Any source of discharge to the wastewater collection and treatment system of the County, where the discharge contains any nondomestic pollutants. 27. Pass Through: A discharge which exits the treatment plant effluent into waters of the United States in quantities or concentrations *%which, alone or in conjuncrion with an indirect discharge or discharges from other sources, is a cause of a violation of any -requirements of the County's INPDES permit (including an increase in the magnitude or .duration of a violation), as defined in 40 CFR 403.3 (N). E.'065.NREPOR7\DRDNA.NC.1 4 28. pH: A measure of the acidity or alkalinity of a substance, expressed in standard units, neutral wastewaters are numerically equal to 7 which the number increases to show increasing alkalinity and decreases to show increasing acidity. 29. Pollutants: Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, industrial wastes, biological materials, radioactive materials, heat wrecked or discharged equipment, rock, sand, cellar dirt and agricultural wastes. 30. POTW Definition. The term "POTW" (Publicly Owned Treatment Works) is defined in 40 CFR 403.3 (o). The term 'Publicly Owned Treatment Works" or POTW means a treatment works as defined by Section 212 of the Act, which is owned by a State or municipality (as defined by Section 502 (4) of the Act). This definition includes any devices and systems used in storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewer, pipes and other conveyances only if they convey wastewater to a POTW Treatment Plant. The term also means the municipality as defined in Section 502 (4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works. 31. Pretreatment or Treatment: The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater, thereby rendering them less harmful to the municipal wastewater system prior to introducing such pollutants into the system. This reduction or alteration can be obtained by physical, chemical or biological processes, by process changes, or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard. 32. Pretreatment Standard and Requirements. Any substantive or procedural requirement related to pretreatment, including National Pretreatment Categorical Standards and Prohibitive Discharge Standards, imposed on an industrial user established pursuant to 40 CFR 403.5 and the County's local limits. The more stringent standard shall apply. 33. Prohibited Discharge Standards or Prohibited Discharges: Absolute prohibitions against the discharge of certain defined types of industrial wastewater, these prohibitions appear in Section 21-91 of this ordinance. 34. Utilities Department Director: The person designated by the Board of County Commissioners to administer this ordinance, or his designee. 35. Residential Type Users: Users only contributing domestic sewage wastewater to the municipal wastewater system. E.V653\REP0R'P0RDINANC.I 5 36. Sewage: Human excrement and grav w2ter (housthold s1ho«Pe.7. dis, � "P).hing operations, etc.) 37. Significant Industrial User (SPJ): The term significant industrial user shall mean: a. Industrial users subject to categorical pretreatment standards, under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and b. Any other industrial user that: (1) Has a discharge flow of 25,000 gallons or more on any given work day to the POTW; (2) Consumes an average of 25,000 gallons per day or more of potable water excluding use for purely domestic purposes; (3) Contributes a process waste stream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the treatment plant; or, (4) Is designated as significant by the County on the basis that the industrial user has a reasonable potential for causing pass through or interference. 38. Slug Load: Any wastewater containing pollutants in sufficient quantity (flow or concentration), either singly or by interaction with other pollutants, to pass through or interfere with the municipal wastewater system, any wastewater treatment or sludge process, or constitute a hazard to humans or animals. 39. Standard Industrial Classification (SIC) Code: A classification pursuant to the Standard Industrial Classification Manual issued by the "Ezecu6ve Office of the President, Office of Management and Budget. 40. Storm Water. Any flow occurring during or following any form of natural precipitation and resulting therefrom. 41. Suspended Solids: The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering. 42. Toxic Pollutant: One of 126 pollutants or combination of those pollutants listed as toxic in regulations promulgated by the EPA under L provision of Section 307 (33 USC 1317) of the Act or 40 CFR 401.15 or other laws. EN765TREPORTORDNANC.I 6 43. Treatment Plant: That portion of the municipal wastewater system designed to provide treatment of sewage and industrial waste. 44. ireatment giant trrriuent, P►ny afscnarge or waters anwor pollutants from the municipal wastewater system. 45. User: Any person who contributes, or causes or allows the contribution of sewage or industrial wastewater into the municipal wastewater system, including persons who contribute such wastes from mobile sources. 46. Wastewater. The liquid and water carried industrial wastes, or sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, mobile sources, and institutions, whether treated or untreated, which is contributed to the municipal wastewater system. B. Purpose and Policy: This ordinance shall apply to persons in Indian River County and to persons outside of the County who are, by contract or agreement with the County, users of the County's wastewater sewers or wastewater treatment facilities. Except as otherwise provided herein, the Utilities Department Director of the County wastewater systems or his designees shall administer, implement, and enforce the provisions of this ordinance. This ordinance sets forth uniform requirements for direct and indirect discharges of pollutants from Industrial Users into the wastewater collection and treatment system of Indian River County and enables the County to comply with all applicable State and Federal laws including the Clean Water Act (33 USC 1251 et seq.) and the General Pretreatment Regulation (40 CFR Part 403). The purpose of this ordinance is: 1. To prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system; 2. To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into receiving water or the atmosphere or otherwise be incompatible with the system, 3. To ensure that the quality of the wastewater treatment plant sludge is maintained at a -level which does not impact its marketability and allows normal handling and disposal procedures (i.e., does not cause changes in the regulatory classification of the sludge). E:V 653\REPORT\ORDLKANC.I 4. To protect both municipal personnel who may come into contact with sewage, sludge and effluent in the course of their employment as well as protecting the general public; 5. To prevent a hydraulic overload of the municipal wastewater system, 7. To provide for equitable distribution of the cost of operation, maintenance and improvement of the municipal wastewater system; and, 8. To ensure that the County complies with its NPDES pernvt conditions, sludge use and disposal requirements, and any other Federal or State laws which the municipal wastewater system is subject to. This ordinance provides for the regulation of direct and indirect discharge to the municipal wastewater collection system through the issuance of permits to certain Industrial Users and through enforcement of general requirements for all other Industrial Users. This ordinance also authorizes monitoring and enforcement activities, establishes administrative review procedures, requires user reporting, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. EN7653\REPORT\ORDINANC.I 8 'To 6. improve the opportunity to recycle and reclaim wastewater treatment plant effluent and sludge. from the system; 7. To provide for equitable distribution of the cost of operation, maintenance and improvement of the municipal wastewater system; and, 8. To ensure that the County complies with its NPDES pernvt conditions, sludge use and disposal requirements, and any other Federal or State laws which the municipal wastewater system is subject to. This ordinance provides for the regulation of direct and indirect discharge to the municipal wastewater collection system through the issuance of permits to certain Industrial Users and through enforcement of general requirements for all other Industrial Users. This ordinance also authorizes monitoring and enforcement activities, establishes administrative review procedures, requires user reporting, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. EN7653\REPORT\ORDINANC.I 8 Jr SECTION H. PROHIBITIONS No user shall contribute or cause to be contributed, directly or indirectly, any waste or wastewater which, acting alone or in conjunction with- other substances present in the POTW, shall cause interference with the operation or performance of the POTW or otherwise pass through the POTW. These general prohibitions apply to all users of the municipal wastewater system whether or not the user is subject to Categorical Pretreatment Standards or any other national, State or local pretreatment standards or requirements. Furthermore, no user may contribute the following substance to the system as defined in 40 CFR 403.5 (b)(1): 1. Any liquid, solids or gases 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 municipal wastewater system. Included in this prohibition are wastestreams with a closed cup flashpoint of less than 150°F (60°C). 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 (5%) nor any single reading over ten percent (10%) of the lower explosive limit (LEL) of the meter. Volatile materials which are prohibited at concentrations higher than State or Federal drinking water standards include, but are not limited to, alcohols, aldehydes, benzene, bromates, carbides, chlorates, ethers, gasoline, hydrides, kerosene, ketones, naphtha. perchlorates, peroxides, sulfides, toluene, xylene, and any other substances which constitute a fire hazard or a hazard to the system. 2. Solid or viscous substances in amounts which will cause interference with the flow in a sewer but in no case solids greater than one-half inch (1/2") (1.27 centimeters) in any dimension. 3. Any wastewater having a pH less than 5.5 or more than 9.0, or which may cause corrosive damage to the system, County personnel or equipment. 4. Any wastewater containing pollutants in sufficient quantity (flow or concentration), either singly or by interaction with other pollutants, to pass through or interfere with the municipal wastewater system, any wastewater treatment or sludge process, or constitute a hazard to humans or animals. 5. Any noxious or malodorous liquid, gases or solids or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair. E.V653\REP0R7\0RD1NANC.11 A. General Prohibitions and Limitations. No user shall contribute or cause to be contributed, directly or indirectly, any waste or wastewater which, acting alone or in conjunction with- other substances present in the POTW, shall cause interference with the operation or performance of the POTW or otherwise pass through the POTW. These general prohibitions apply to all users of the municipal wastewater system whether or not the user is subject to Categorical Pretreatment Standards or any other national, State or local pretreatment standards or requirements. Furthermore, no user may contribute the following substance to the system as defined in 40 CFR 403.5 (b)(1): 1. Any liquid, solids or gases 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 municipal wastewater system. Included in this prohibition are wastestreams with a closed cup flashpoint of less than 150°F (60°C). 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 (5%) nor any single reading over ten percent (10%) of the lower explosive limit (LEL) of the meter. Volatile materials which are prohibited at concentrations higher than State or Federal drinking water standards include, but are not limited to, alcohols, aldehydes, benzene, bromates, carbides, chlorates, ethers, gasoline, hydrides, kerosene, ketones, naphtha. perchlorates, peroxides, sulfides, toluene, xylene, and any other substances which constitute a fire hazard or a hazard to the system. 2. Solid or viscous substances in amounts which will cause interference with the flow in a sewer but in no case solids greater than one-half inch (1/2") (1.27 centimeters) in any dimension. 3. Any wastewater having a pH less than 5.5 or more than 9.0, or which may cause corrosive damage to the system, County personnel or equipment. 4. Any wastewater containing pollutants in sufficient quantity (flow or concentration), either singly or by interaction with other pollutants, to pass through or interfere with the municipal wastewater system, any wastewater treatment or sludge process, or constitute a hazard to humans or animals. 5. Any noxious or malodorous liquid, gases or solids or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair. E.V653\REP0R7\0RD1NANC.11 6. Any substance which may cause the treatment plant effluent or any other residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the system cause the County to be in noncompliance with sludge use or disposal regulations or permits issued under Section 405 of the Act, the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substance Control Act, or other State requirements applicable to the sludge use and disposal practices being used by the County. 7. Any wastewater which imparts color which cannot be removed by the treatment process, such as but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plants effluent thereby violating regulations for reuse of effluent. 8. Any wastewater having a temperature greater than 150°F (55°C) or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104°F (400C). 9. Any wastewater containing any radioactive wastes or isotopes except as specifically approved by the Utilities Department Director in compliance with applicable State or Federal Regulations, 10. Any pollutants which result in the presence of toxic gases, vapors or fumes within the system in,a quantity that may cause worker health and safety problems. 11. Any trucked or hauled pollutants, except at discharge points designated by the County. 12. Stormwater, surface water, ground water, artesian well water, roof runoff, subsurface discharge, swimming pool drainage, condensate, deionized water, cooling water and unpolluted industrial wastewater. 13. Any industrial wastes containing floatable fats, waxes, grease or oils, or which become floatable in the wastewater collection or treatment system; but in no case, industrial wastewater containing more than 100 mg/L of emulsified oil or grease. Biodegradable fats, waxes, grease or oil which are separated from waste streams will be accepted at facilities designated by the County. 14. Nonbiodegradeable cutting oils, commonly called soluble oils, which form a persistent water emulsion, and- nonbiodegradeable -complex carbon compounds. 15. Any sludges, screenings, or other residues from the pretreatment of industrial wastes. E.%?653\REPOR'PORDINANC.II 2 16, Any medical wastes, except as specifically authorized by issuance of a permit by the Utilities Department Director. 17. Any material containing ammonia, ammonia salts, or other chelating agents which will produce metallic complexes that interfere with the municipal wastewater system. 18. Any material identified as hazardous waste according to 40 CFR Part 261 except as may be specifically authorized by issuance of a permit by the Utilities Department Director. 19. Any wastewater causing the treatment plant effluent to show a lethal concentration of fifty percent (LC50) as determined by a toxicity test of ninety-six (96) hours or less, using a percentage of the discharge and aquatic test species chosen by the Utilities Department Director. 21. Any wastes containing detergents, surface active agents, or other substances which may cause excessive foaming in the municipal wastewater system C. Specific Pollutant B. Compliance 20. Recognizable portions of the human. or animal anatomy. 21. Any wastes containing detergents, surface active agents, or other substances which may cause excessive foaming in the municipal wastewater system All industrial users shall be required to comply with the more restrictive of the discharge limits established by the Federal, State or local regulations as may be changed from time to time. Users subject to Categorical Pretreatment Standards are required to comply with applicable standards as set forth in 40 CFR Chapter I, Subchapter N. Part 405471. The State of Florida, at this time, does not have pretreatment standards. Any pretreatment standards enacted by the State shall be complied with by all persons. C. Specific Pollutant B. Compliance With Other Reattlations: Limitations: All industrial users shall be required to comply with the more restrictive of the discharge limits established by the Federal, State or local regulations as may be changed from time to time. Users subject to Categorical Pretreatment Standards are required to comply with applicable standards as set forth in 40 CFR Chapter I, Subchapter N. Part 405471. The State of Florida, at this time, does not have pretreatment standards. Any pretreatment standards enacted by the State shall be complied with by all persons. 0.10 mg/L arsenic 0.075 mg/L cadmium 300 mg/L* CBOD 3.0 mg/L chromium 750 mg/L* COD 3.0 mg/L copper 0.38 mg/L. cyanide 30 mg/L fluoride E -.V 653\REPORT\ORDLNANC.II 3 C. Specific Pollutant Limitations: The following 0.10 mg/L arsenic 0.075 mg/L cadmium 300 mg/L* CBOD 3.0 mg/L chromium 750 mg/L* COD 3.0 mg/L copper 0.38 mg/L. cyanide 30 mg/L fluoride E -.V 653\REPORT\ORDLNANC.II 3 The following limits through pollutant are established to protect against pass and interference Indian River County POTW. No discharge wastewater at all person shall in following instantaneous discharge limits: containing excess of the maximum allowable 0.10 mg/L arsenic 0.075 mg/L cadmium 300 mg/L* CBOD 3.0 mg/L chromium 750 mg/L* COD 3.0 mg/L copper 0.38 mg/L. cyanide 30 mg/L fluoride E -.V 653\REPORT\ORDLNANC.II 3 IE 0.35 mg/L lead 380 mg/L magnesium 0.04 mg/L mercury 0.5 mg/L molybdenum 1.0 mg/L nickel 100 mg/L oil & grease 9.0 pH max 5.5 pH min 0.09 mg/L selenium 1.0 mg/L silver 150° F Temperature 2500 mg/L total dissolved solids 1.0 mg/L total phenol 20 mg/L* total phosphorus 40 mg/L* total nitrogen 250 mg/L* total suspended solids 0.3 mg/L zinc Concentrations apply at the point where the industrial waste is discharged to the municipal wastewater system. All concentrations for metallic substances are for "total" metal. D. County's Right of Revision. The County reserves the right to establish, by ordinance or in industrial discharge permits, more stringent limitations or requirements on discharges to the municipal wastewater system if deemed necessary to comply with the objectives presented in Section I of this ordinance and/or the general and specific prohibitions in Section II of this ordinance. E. County's Rieht to Accept Discharges The County may, at its discretion, accept discharges which contain pollutants in quantities exceeding the limits in paragraphs A, B and C above, providing that flows are less than 10,000 gallons per day. In addition, the County must be satisfied that sufficient dillution will occur to meet the intent of this ordinance. E.0653Q UORIYORDINANC.II * Concentrations this to above amount are subject an excess strength surcharge. Concentrations apply at the point where the industrial waste is discharged to the municipal wastewater system. All concentrations for metallic substances are for "total" metal. D. County's Right of Revision. The County reserves the right to establish, by ordinance or in industrial discharge permits, more stringent limitations or requirements on discharges to the municipal wastewater system if deemed necessary to comply with the objectives presented in Section I of this ordinance and/or the general and specific prohibitions in Section II of this ordinance. E. County's Rieht to Accept Discharges The County may, at its discretion, accept discharges which contain pollutants in quantities exceeding the limits in paragraphs A, B and C above, providing that flows are less than 10,000 gallons per day. In addition, the County must be satisfied that sufficient dillution will occur to meet the intent of this ordinance. E.0653Q UORIYORDINANC.II SECTION III. PERMITTLNG A. Industrial Users Reouirine Permits: 1. It shall be unlawful for Significant Industrial Users, including those classified as Categorical Industries in 40 CFR 403, to discharge wastewater into the County's sanitary sewer system without fust obtaining an industrial discharge permit from the Utilities Department Director. 2. It shall be unlawful for any of the following industries to discharge wastewater, other than domestic wastewater, into the County's sanitary sewer system without first obtaining an industrial discharge permit from the Utilities Department Director. 1. Fruit processing 2. Rubber products manufacturers 3. Electronics manufacturing 3. It shall be unlawful for any nondomestic user, having a wastewater flow equal to or greater than 5% of the total average daily flow being treated at the County facility to which the wastewater would be directed if discharged into the County wastewater collection system, to discharge wastewater into the County's sanitary sewer system without first obtaining an industrial discharge pe=t from the Utilities Department Director. B. Permit ADolication Contents: In order to be considered for an industrial discharge permit, all industrial users required to have a permit must submit the following information on an application form provided by the Public Utilities Department. 1. Name, mailing address, and location of industrial user discharge (if different from the mailing address), y 2: A list of other environmental permits held by or for the facility; 3. Standard Industrial Classification (SIC) code for pretreatment (for the industrial user as a whole and anv processes for which categorical pretreatment standards have been promulgated); 4. Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used at the facility. Copies of the Materials Safety Data Sheets (NISDS) for all chemicals and raw materials used at the facility shall be included with the permit application; z.v65. v = R7\0RDNA.NC.M 5. Type and amount of raw materials processed (average and maximum per day), 6. The site plans, floor plans and mechanical and plumbing plans and details to show all sewers, floor drains, and appurtenances by size, location and elevation, and all points of discharge. 7. Proposed or actual hours of operation of the pretreatment system; 8. Time and duration of the discharge; 9. Daily maximum, daily average, and monthly average wastewater flow rates including daily, monthly, and seasonal variations, if any; 10. Wastewater constituents, characteristics and concentrations including any pollutants in the discharge which are limited by any Federal, State or local standards; pretreatment standards applicable to each regulated process; nature of regulated process; and, nature and concentration of regulated pollutants in each regulated process. 12. Facilities existing at the time of enactment of this ordinance shall provide a statement reviewed by an authorized representative of the user and certified to be a qualified professional indicating whether or not the pretreatment standards are being met on a consistent basis. 13. N lith regard to facilities existing at the time of enactment of this ordinance, if additional pretreatment and/or O&M will be required to meet the standards, then the industrial user shall indicate the shortest time schedule necessary to accomplish installation or adoption of such additional treatment and/or O&M. The completion date in this schedule shall not be longer than 18 months from the enactment of this ordinance. 14. Any other information as may be deemed necessary by the Utilities Department Director to evaluate the permit application, 15. All permit applications must contain the following certification statement and be signed by an authorized representative of the industrial user, "I certify, under penalty of law, that the information included in this application and all attachments to this application are true, accurate, and complete. EN1653\kaOR7�ORDLNANC.III 2 co Permit Conditions: Industrial discharge permits shall include such conditions as are deemed reasonable and necessary by the Utilities Department Director to prevent pass through or interference, protect the quality of the water body receiving the POTW effluent, protect worker health and safety, facilitate sludge management and disposal, protect worker health and safety, facilitate sludge management and disposal, protect ambient air quality, and protect against damage to the municipal wastewater system. 1. Wastewater permits shall contain the following conditions: a A statement which indicates the permit duration, which shall not exceed three (3) years. c. Effluent limits applicable to the user based on applicable standards in Federal, State and local law. d. Self-monitoring, sampling, reporting, notification and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample t'pe based on Federal, State, and local law. e. Statement of applicable penalties for violation of pretreatment standards and requirements, and compliance schedules. 2. Permits may contain, but need not be limited to the following: a. Limits on the average and/or maximum rate of discharge, time of discharge and requirements for flow regulations and equalization. b. Limits on the instantaneous, maximum concentration of identified wastewater pollutants or properties. C. Requirements for the installation of pretreatment technology or construction of appropriate containment devices, etc., designed to reduce, eliminate, or prevent the introduction of pollutants into the POT V. d. Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated or routine discharge. E:v65TT� OR740RDNA CM 3 County. b. A statement that the permit is nontransferable unless approved by the c. Effluent limits applicable to the user based on applicable standards in Federal, State and local law. d. Self-monitoring, sampling, reporting, notification and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample t'pe based on Federal, State, and local law. e. Statement of applicable penalties for violation of pretreatment standards and requirements, and compliance schedules. 2. Permits may contain, but need not be limited to the following: a. Limits on the average and/or maximum rate of discharge, time of discharge and requirements for flow regulations and equalization. b. Limits on the instantaneous, maximum concentration of identified wastewater pollutants or properties. C. Requirements for the installation of pretreatment technology or construction of appropriate containment devices, etc., designed to reduce, eliminate, or prevent the introduction of pollutants into the POT V. d. Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated or routine discharge. E:v65TT� OR740RDNA CM 3 e. Require, fo. irnrnedi�te reponinc. of any ir,s;a nce of noncompliance and m for automatic resampling and reporting within thirty (30) days where self- monitoring indicates a violation(s). f. Compliance schedules for meeting pretreatment standards and requirements. g. Requirements for maintaining and retaining plant records relating to wastewater discharge and providing Utilities Department Director or his representatives, access thereto. h. Requiremenu for prior notification and approval by the Utilities Depamnent Director of any new introduction of was pollutants or of any significant change in the volume or character of the wastewater prior to introduction in the system. i. Requirements for the prior notification and approvalb se e ytie P Department Director of any change in the pretreatmentprocess j. Requirements for immediate notification of excessive, accidental, or slug discharges, or any discharge which could cause any problems to the system. k. A statement that compliance with permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretreatment standards, including those which become effective during the term of the D. Permit s: Industrial users who are required to obtain an industrial discharge permit sgiall be subject to the following permit fees: 1. Each industrial user required to submit an application pursuant to Section III of this ordinance shall pay an application fee in accordance with Ordinance Number 91-91 Section ?01.08, Paragraph M. 2. An additional fee shall be assessed for applications requiring re��ievr of treatment facility pians or review of treatment facilityons. This fee shall be assessed modificati in accordance with Ordinance Number 91-9, Section ?01.08, Paragraph N. F v 65 sT%EY>0RT0RDr:.a-N c. m ['rote: P,%xagraph N Fill be added to Qrdinance 91-9. Section 201.08 and will read as follows: Industrial users who are required to pretreat waste prior to discharge into the County's sewer systems shall be assessed additional fees over and above industrial pre-treatment permit aplication fees to defray the cost of reviewing the applicants proposed treatment system plans or treatment system modifications.) 3. An annual permit maintenance fee will be assessed from each permitted industrial discharger in accordance with Ordinance 91-9, Section 201.08, Paragraph O. a E N7 653NRFpOR7b RDN AN C- M SECTION I`', PRETREATMENT Industrial users shall provide wastewater treatment as required to comply with this ordinance. New industrial dischargers requiring pretreatment will not be allowed to discharge wastewater to the County's collection system until a pretreatment system is permitted through the County, constructed, and operating as permitted. Existing industrial users requiring pretreatment shall achieve compliance with all Categorical Pretreatment Standards, local limits and the prohibitions set out in Section II of this ordinance, within 18 months of adoption of this ordinance. Any facilities required to pretreat wastewater to a level acceptable to the County shall be provided, operated, and maintained at the industrial user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the County for review, and shall be acceptable to the County before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the County under the provisions of this ordinance. A. Industrial or Users Requiring Pretreatment: Industrial users shall provide wastewater treatment as required to comply with this ordinance. New industrial dischargers requiring pretreatment will not be allowed to discharge wastewater to the County's collection system until a pretreatment system is permitted through the County, constructed, and operating as permitted. Existing industrial users requiring pretreatment shall achieve compliance with all Categorical Pretreatment Standards, local limits and the prohibitions set out in Section II of this ordinance, within 18 months of adoption of this ordinance. Any facilities required to pretreat wastewater to a level acceptable to the County shall be provided, operated, and maintained at the industrial user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the County for review, and shall be acceptable to the County before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the County under the provisions of this ordinance. The responsibilities of an industrial user and the requirement that may be imposed by the Utilities Department Director with regards to slug loadings or accidental discharges are described in the following paragraphs. Be Slug L.oadines Accidental Discharges: or The responsibilities of an industrial user and the requirement that may be imposed by the Utilities Department Director with regards to slug loadings or accidental discharges are described in the following paragraphs. a. Industrial Users are responsible for developing accidental discharge prevention plans and emergency action plans for accidental discharge or slug loading of substances prohibited or limited by Section II to the County wastewater collection system. b. In the case of an accidental discharge or slug discharge by a user, it is the responsibility of that user to immediately inform the County of the incident by telephone. The caller shall specify location of discharge, type of waste, concentration, volume, and the corrective action being taken. 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. Employers shall ensure that all employees who may be present when such accidental or slug discharges may occur are advised of the emergency procedures. E.N765MEPoRTcRnn.ANc.TV 1. Users Responsibilities: a. Industrial Users are responsible for developing accidental discharge prevention plans and emergency action plans for accidental discharge or slug loading of substances prohibited or limited by Section II to the County wastewater collection system. b. In the case of an accidental discharge or slug discharge by a user, it is the responsibility of that user to immediately inform the County of the incident by telephone. The caller shall specify location of discharge, type of waste, concentration, volume, and the corrective action being taken. 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. Employers shall ensure that all employees who may be present when such accidental or slug discharges may occur are advised of the emergency procedures. E.N765MEPoRTcRnn.ANc.TV C, In the. case of an accidental discharee by a user, the user is liable for all costs incurred by the County due to the accidental discharge. The County will assess the user for these costs in accordance with Section VI of this ordinance. d. Within five (5) calendar days following an accidental or slug discharge, the user shall submit to the Utilities Depanment Director a detailed written repon 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 each notification relieve the user of any fines, liability, civil penalties, other applicable law which may be imposed. 2. Requirements: As a condition of discharge to the County wastewater collection system, the Utility Department Director may, at any time, impose any of the following requirements. a. Industrial Users who store prohibited or limited substances, as described in Section II, may be required to submit an accidental discharge prevention and emergency action plan for County approval. b. Either in-line or off-line storage may be required to reduce the threat of slug loads (hydraulic or waste strength) or accidental discharges to the wastewater collection and treatment system. c. Grease, oil and sand interceptors shall be provided, when, in the opinion of the Utilities Department Director, they are necessary for the proper, handling of wastewater containing excessive amounts of grease, flammable substances, sand, or other harmful substances. All interception units shall be of type and capacity approved by the Utilities Department Director and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be V nspected, cleaned and repaired regularly, as needed, by the owner at his expense. d. Industrial users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter. E:v 653\RD 1ORTNO kDNANC.IV 7 SECTION . It10NITORING A. Sampling Requirements. Industrial users who are required to have an industrial discharge permit, shall perfotm-self- monitoring in accordance with the following paragraphs. 1. Parameters To Be Analyzed. The industrial discharge permit, issued to the industrial user by the County, shall list the specific pollutants in the individual industrial user's wastewater discharge(s) which must be monitored. 2. Operating Conditions During Sampling. Samples shall be taken during operating conditions which are representative of daily operations and shall be performed in accordance with procedures set out in 40 CFR Pan 136. 3. Sampling Methods. Unless otherwise specified in an industrial users industrial discharge permit, two (2) grab samples shall be taken during each sampling period. The grab samples shall be taken in a manner which will provide a representative sample of the waste stream. 4. Frequency. The permitted industrial user shall collect and analyze representative samples for the pollutants which are identified on the user's permit at the frequency stated on the permit which shall not exceed 6 months. In the event that the concentration of a limited parameter (as defined in Section H) is exceeded, the industrial user shall sample on a monthly basis until the concentration is within the specified limits. B. Analvtical Requirements: 1. The analytical laboratory used for the analysis of industrial discharge permit compliance samples must be approved by the County. 2. All pollutant analyses, including sampling techniques, to be submitted as pan of a permit application or monitoring report shall be perfo=A.d in accordance with the techniques prescribed in 40 CFR Pan 136 or, if CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, in accordance v✓ith procedures approved by EPA & the County. The anal} -tical methods used shall be capable of accurately measuring concentrations of the specified contaminants below the contaminant limits described in Section II or in the industrial discharge permit. E'V765TaEPORT\ORDNA.NC. V 1 Co Reporting Reouirements Industrial users who are required to sample shall submit monitoring reports on report forms provided by the County. The report contents, required attachments, and reporting frequency shall be as follows. 1. --Monitoring report contents c. Measurement of Pollutants 1. Certified results from the laboratory including QA/QC reporting. 2. Summary table listing parameters, results, and detection limits (when applicable). d_ Certifications ow Each report shall be certified by an authorized representative of the industrial user for compliance with the following statements. "I hereby certify that the information contained in this report is true and correct to the best of my knowledge. In addition, I hereby certify that sampling for this report was performed during normal operating conditions and that representative samples of the facility waste stream were taken." "I hereby certify that the industrial pretreatment standards contained in Indian River County Ordinance Number and Industrial Waste Permit Number are being met on a consistent basis.' e. Exceptions - If the industrial user cannot sign the above certifying statements, then, the exceptions which prevent this must be stated in the report. 2. Frequency - Industrial users who are required to sample shall submit monitoring reports to the County every 6 months or at the frequency required in the users industrial discharge permit. Reports shall be submitted no later than 60 days after the required sampling dates. D. cess to Site: Ac The County shall have the right to carry out all inspections, surveillance and monitoring o procedures necessary to determine, independent of information supplied by the industrial user, compliance or noncompliance with applicable Pretreatment Standards and permit E 176S374FPORTORDTNANCN b. a. Identifvine Information soUsers industrial - Name and address of the facility and the names of the owners and operators. c. Measurement of Pollutants 1. Certified results from the laboratory including QA/QC reporting. 2. Summary table listing parameters, results, and detection limits (when applicable). d_ Certifications ow Each report shall be certified by an authorized representative of the industrial user for compliance with the following statements. "I hereby certify that the information contained in this report is true and correct to the best of my knowledge. In addition, I hereby certify that sampling for this report was performed during normal operating conditions and that representative samples of the facility waste stream were taken." "I hereby certify that the industrial pretreatment standards contained in Indian River County Ordinance Number and Industrial Waste Permit Number are being met on a consistent basis.' e. Exceptions - If the industrial user cannot sign the above certifying statements, then, the exceptions which prevent this must be stated in the report. 2. Frequency - Industrial users who are required to sample shall submit monitoring reports to the County every 6 months or at the frequency required in the users industrial discharge permit. Reports shall be submitted no later than 60 days after the required sampling dates. D. cess to Site: Ac The County shall have the right to carry out all inspections, surveillance and monitoring o procedures necessary to determine, independent of information supplied by the industrial user, compliance or noncompliance with applicable Pretreatment Standards and permit E 176S374FPORTORDTNANCN b. Permit No soUsers industrial discharge number. permit c. Measurement of Pollutants 1. Certified results from the laboratory including QA/QC reporting. 2. Summary table listing parameters, results, and detection limits (when applicable). d_ Certifications ow Each report shall be certified by an authorized representative of the industrial user for compliance with the following statements. "I hereby certify that the information contained in this report is true and correct to the best of my knowledge. In addition, I hereby certify that sampling for this report was performed during normal operating conditions and that representative samples of the facility waste stream were taken." "I hereby certify that the industrial pretreatment standards contained in Indian River County Ordinance Number and Industrial Waste Permit Number are being met on a consistent basis.' e. Exceptions - If the industrial user cannot sign the above certifying statements, then, the exceptions which prevent this must be stated in the report. 2. Frequency - Industrial users who are required to sample shall submit monitoring reports to the County every 6 months or at the frequency required in the users industrial discharge permit. Reports shall be submitted no later than 60 days after the required sampling dates. D. cess to Site: Ac The County shall have the right to carry out all inspections, surveillance and monitoring o procedures necessary to determine, independent of information supplied by the industrial user, compliance or noncompliance with applicable Pretreatment Standards and permit E 176S374FPORTORDTNANCN requirements of the indusaial user. With 24 hours notice given to the industrial user, representatives of the County shall be authorized to enter any premises of any industrial user in which a discharge source or treatment system is located or in which records are required to be kept under 40 CFR 403.12(m) to assure compliance with Pretreatment Standards and/or the industrial discharge permit. ENO? 65NREPORT\ORDNA.NC.v 3 -'► t.�'` SECTION VI. ENFORCE'NIENT A. Excess Strength Surcharge: An excess strength surcharge will be collected by the County- for CBOD greater than 300 mg/L, COD greater than 750 mg/L total phosphorus greater than 20 mg/L, total nitrogen greater than 40 mg/L or suspended solids greater than 250 mg/L in accordance with Ordinance 91-9, Section 201.08, Paragraph F. [Note: Paragraph F of Ordinance 91-9, Section 201.08 will be changed to read. All sewage discharged into the sanitary sewer system which has an average concentration of carbonaceous biochemical oxygen demand (CBOD) of 300 milligrams per liter (mg/L) or greater, an average concentration of chemical oxygen demand (COD) of 750 mg/L or greater, an average concentration of total phosphorus of 20 mg/L or greater, an average concentration of total nitrogen of 40 mg/L or greater, or an average concentration of suspended solids of 250 mg/L or greater shall be subject to an excessive strength charge. The amount of the excessive strength charge shall be equal to the customer's standard base facilities and volume charges multiplied by the greater of five factors: the amount of the customer's average concentration of CBOD in mg/L divided by 250, minus 1; the amount of the customer's average COD in mg/L divided by 750, minus l; the amount of the customers average concentration of total phosphorus in mg/L divided by 20, minus 1; the amount of the customers average concentration of total nitrogen divided by 40, minus 1; or the amount of customer's average concentration of suspended solids in mg/L divided by 250, minus 1. Any customer may sample its sewage and have it analyzed by an analytical laboratory approved by the Florida Department of Environmental Regulation. The County may sample and conduct analysis of the sewage produced by any customer to determine sewage strength. Where such analysis demonstrates that the customer's sewage strength exceeds the standards given above, the customer will be subject to the excess sewage strength charge and shall reimburse the County for the cost of such analysis.] In the event that an industrial user is the source of a slug loading or accidental spill, which causes damage to the County's wastewater collection, wastewater treatment or effluent disposal systems or requires the County to take emergency acrion, the industrial user shall be liable for all costs incurred by the County. Costs which shall be recovered by the County from the industrial user shall include but not necessarily be limited to labor and overhead costs, regulatory fines, legal costs, outside consultant costs, and all direct costs to the County. C. Monitoring Report Late Fee: A late fee for failure to submit monitoring reports within sixty (60) days of the designated monitoring dates shall be assessed in accordance with Ordinance Number 91-9, Section E.-V65N ='0R7*0RDD A':C. I B. Recovery of Slug Loading or Accidental Spill Damages: In the event that an industrial user is the source of a slug loading or accidental spill, which causes damage to the County's wastewater collection, wastewater treatment or effluent disposal systems or requires the County to take emergency acrion, the industrial user shall be liable for all costs incurred by the County. Costs which shall be recovered by the County from the industrial user shall include but not necessarily be limited to labor and overhead costs, regulatory fines, legal costs, outside consultant costs, and all direct costs to the County. C. Monitoring Report Late Fee: A late fee for failure to submit monitoring reports within sixty (60) days of the designated monitoring dates shall be assessed in accordance with Ordinance Number 91-9, Section E.-V65N ='0R7*0RDD A':C. I 201.08, Paragraph P. Payment of the late fee will not relieve. the user of the requirement for submittal of a monitoring report for the monitoring period in question. The County may, at any time, terminate service to an industrial user and seal off the industrial users discharge to the County collection system if the industrial user fails to comply with this ordinance or the conditions of the users industrial discharge permit. E:�765_v^.�nGR7\ORMN/, :CA7 D. Termination of Service. The County may, at any time, terminate service to an industrial user and seal off the industrial users discharge to the County collection system if the industrial user fails to comply with this ordinance or the conditions of the users industrial discharge permit. E:�765_v^.�nGR7\ORMN/, :CA7