HomeMy WebLinkAbout2007-013ORDINANCE NO. 2007- 013
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING AND RESTATING
PART III OF CHAPTER 201 OF THE CODE OF INDIAN RIVER
COUNTY, FLORIDA, PRETREATMENT REGULATIONS; PROVIDING
LEGISLATIVE FINDINGS; AMENDING SECTION 201.61 OF THE
CODE; PROVIDING FOR PURPOSE, APPLICABILITY, AND
ADMINISTRATION; ADOPTING DEFINITIONS; ESTABLISHING
CATEGORICAL PRETREATMENT REGULATIONS FOR USERS OF
THE WASTEWATER SYSTEMS OF INDIAN RIVER COUNTY;
ESTABLISHING STANDARDS FOR PROHIBITED DISCHARGES;
ESTABLISHING SPECIFIC LOCAL LIMITS ON DISCHARGE;
PROVIDING FOR PRETREATMENT OF WASTEWATER; PROVIDING
FOR THE ISSUANCE AND CANCELLATION OF WASTEWATER
DISCHARGE PERMITS; PROHIBITING CERTAIN DISCHARGES;
PROVIDING FOR DETERMINATIONS OF QUALITY AND QUANTITY
OF DISCHARGES; ESTABLISHING REPORTING REQUIREMENTS;
PROVIDING FOR COMPLIANCE MONITORING, ENFORCEMENT
PENALTIES, AND JUDICIAL ENFORCEMENT REMEDIES; PROVIDING
FOR AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS;
PROVIDING FOR RECODIFICATION OF SECTION 201.08(N) 1 AND 2
OF THE CODE AS SECTION 201.92 RELATING TO INDUSTRIAL
DISCHARGE PERMIT AND RENEWAL FEES; AMENDING THE
TEMPERATURE AND PH PROVISIONS OF SUBSECTIONS A AND F
OF SECTION 201.30 OF THE CODE; PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES; PROVIDING FOR INCLUSION IN THE
CODE OF ORDINANCES OF INDIAN RIVER COUNTY; PROVIDING
FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, AS FOLLOWS:
PART I: AMENDED AND RESTATED PART III OF CHAPTER 201 OF THE CODE OF
INDIAN RIVER COUNTY, FLORIDA.
SECTION 1. LEGISLATIVE FINDINGS.
It is hereby ascertained, determined, and declared that:
(A) Pursuant to Article VIII, Section 1 of the Florida Constitution, and Sections 125.01
and 125.66, Florida Statutes, the Board of County Commissioners has all powers of
local self-government to perform County functions and to render services in a manner
not inconsistent with general law and such power may be exercised by the enactment of
County ordinances.
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(B) Effective August 3, 1994, the Board of County Commissioners adopted Ordinance
94-23 that set forth industrial pretreatment regulations in accordance with then -
applicable law.
(C) It is now necessary and desirable to establish new industrial pretreatment
regulations in accordance with current law.
(D) Establishment of new industrial pretreatment regulations within the County by the
Board serves a public purpose, and promotes and protects the health, safety, and
welfare of the citizens of Indian River County.
(E) The requirements and standards created by this Ordinance are necessary and
appropriate to protect the health, safety, and welfare of the citizens of Indian River
County.
SECTION 2. TITLE AND CITATION; AMENDMENT OF TITLE OF PART III OF
CHAPTER 201 OF THE CODE.
Commencing on the Effective Date of this Ordinance, Part III of Chapter 201 of the
Code shall be known and may be cited as PRETREATMENT REGULATIONS "THE
INDIAN RIVER COUNTY INDUSTRIAL PRETREATMENT REGULATIONS
ORDINANCE," Part III of the Code.
SECTION 3. AMENDMENT OF SECTION 201.61. OF THE CODE.
Commencing on the Effective Date of this Ordinance, section 201.61 shall be amended
as follows:
Section 201.61. Pretreatment Regulations Adopted. by ref,L.renG,--
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SECTION 4. CREATION OF NEW SECTION 201.62 OF THE CODE.
Commencing on the Effective Date of this Ordinance, the following section is created to
read as follows:
Section 201.62. Purpose; Applicability; Jurisdiction.
(A) This Ordinance sets forth uniform requirements for users of the publicly owned
treatment works of the County and enables the County to comply with all applicable
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ORDINANCE NO. 2007-013
state and federal laws, including the Clean Water Act, as amended (33 United States
Code section 1251 et seq.); the National Pollutant Discharge Elimination System
("NPDES") permit regulations, codified in 40 Code of Federal Regulations ("CFR") Part
122, and the Pretreatment Requirements for Existing and New Sources of Pollution,
codified in Chapter 62-625, Florida Administrative Code ("FAC").
(B) The purpose of this Part III of Chapter 201 of The Code is:
(1) To prevent the introduction of pollutants into the publicly owned treatment
works that: will interfere with the normal operation of the publicly owned treatment
works;
(2) To prevent the introduction of pollutants into the publicly owned treatment
works that do not receive adequate treatment, and that will pass through the publicly
owned treatment works into the environment, or otherwise be incompatible with the
publicly owned treatment works;
(3) To protect both the general public and publicly owned treatment works
personnel who may be affected by wastewater and sludge in the course of their
employment;
(4) To promote reuse and recycling of industrial wastewater and sludge from
publicly owned treatment works;
(5) To provide for fees for the equitable distribution of the cost of operation,
maintenance, and improvement of the publicly owned treatment works; and
(6) To enable the County to comply with its National Pollutant Discharge
Elimination System permit conditions, sludge use and disposal requirements, and any
other federal or state laws to which the publicly owned treatment works is subject.
(C) This Ordinance shall apply to all users of the publicly owned treatment works. This
Ordinance authorizes the issuance of wastewater discharge permits; provides for
monitoring, compliance, 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.
(D) This Ordinance shall not be deemed to alleviate compliance with applicable state
and federal regulations. Specific user charge and industrial cost recovery requirements,
promulgated by resolution passed by the Board of County Commissioners, shall be
considered as a part of this Part III of Chapter 201 of the Code upon official adoption.
(E) Unless otherwise provided herein, this Part III shall apply only to unincorporated
areas of the county where the county provides or plans to provide wastewater service in
accordance with the provisions of the county comprehensive plan and to areas of the
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county which discharge wastewater to the county wastewater system through a
multijurisdictional agreement pursuant to this Part III of Chapter 201 of the Code.
SECTION 5. CREATION OF NEW SECTION 201.63 OF THE CODE
Commencing on the Effective Date of this Ordinance, the following section is created to
read as follows:
Section 201.63. Administration.
Except as otherwise provided herein, the County Administrator shall administer,
implement, and enforce the provisions of this Ordinance. Any powers granted to, or
duties imposed upon, the County Administrator in this Ordinance may be delegated by
the County Administrator to the Director, or other designee, and the term "County
Administrator" shall be deemed to include any such designee. The County
Administrator is responsible for the development and promulgation of the necessary
rules and regulations for the administration and enforcement of this Part III of Chapter
201 of the Code.
SECTION 6. CREATION OF NEW SECTION 201.64 OF THE CODE
Commencing on the Effective Date of this Ordinance, the following section is created to
read as follows:
Section 201.64. Definitions; Construction and Interpretation.
(A) Unless the context specifically indicates otherwise, the meaning of the following
terms used in this Ordinance shall be defined as follows:
(1) Act: The Federal Water Pollution Control Act, also known as the Clean
Water Act, as amended, 33 U.S.C. section 1251 et seq.
(2) Approval Authority: The State of Florida Department of Environmental
Protection ("FDEP").
(3) Authorized Representative of the User:
(a) If the user is a corporation, 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 for the corporation.
(b) If the user is a partnership or sole proprietorship, a general partner or
proprietor, respectively.
(c) If the user is a Federal, State, or local governmental facility, a director or
highest official appointed or designated to oversee the operation and performance of
the activities of the government facility, or their designee.
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(d) The individuals described in paragraphs 1 through 3, 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 which the discharge originates or having overall responsibility for environmental
matters for the company, and the written authorization is submitted to the County
Administrator.
(4) Categorical Pretreatment Standards: Any regulation containing pollutant
discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the
Act that apply to a specific category of users and appear in 40 CFR Chapter I,
Subchapter N, Parts 405-471.
(5) Cooling Water: The water discharged from any use such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is heat.
(6) Director: Director means the Director of the County's Department of Utilities
Services or the Director's designee.
(7) Domestic Wastewater: Wastewater derived principally from dwellings,
business buildings, institutions, and other non -industrial sources.
(8) Environmental Protection Agency or EPA means the U.S.
Environmental Protection Agency or, where appropriate, the regional water
management division director, or other duly authorized official, of such agency.
(9) Existing Source: Any source of Discharge, the construction or operation of
which began before publication by EPA of proposed categorical pretreatment standards,
and to which categorical pretreatment standards will be applicable if the categorical
pretreatment standard is thereafter promulgated in accordance with Section 307 of the
Act.
(10) Grab Sample: A sample that is taken from a waste stream without regard to
the flow in the waste stream and taken over a time period not to exceed 15 minutes.
(11) Indirect Discharge or Discharge: the introduction of pollutants into the
POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the
Act.
(12) Industrial User: Any user other than a domestic wastewater user.
(13) Industrial Wastewater: Any discharge to the POTW other than segregated
domestic wastes or wastes from sanitary conveniences.
(14) Instantaneous Maximum Allowable Discharge Limit: The maximum
concentration of a pollutant allowed to be discharged at any time, determined from the
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analysis of any discrete or composited sample collected, independent of the industrial
flow rate and the duration of the sampling event.
(15) Interference: A discharge that, alone or in conjunction with a discharge or
discharges from other sources, both: (a) inhibits or disrupts the POTW, its treatment
processes or operations, or its domestic wastewater residuals processes, use or
disposal; and (b) is a cause of a violation of any requirement of the County's NPDES
or FDEP permits (including an increase in the magnitude or duration of a violation), or
prevents use or disposal of domestic wastewater residuals by the County in
compliance with Florida Statutes chapter 403 and FDEP rules.
(16) Medical Waste: Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding, surgical
wastes, potentially contaminated laboratory wastes, and dialysis wastes.
(17) New Source:
(A) Any building, structure, facility, or installation from which there is or may be a
Discharge, the construction of which commenced after the publication of proposed
pretreatment standards under Section 307(c) of the Act that will be applicable to such
source if such standards are thereafter promulgated in accordance with that section,
provided that:
(1) The building, structure, facility, or installation is constructed at a site at which
no other source of Discharge is located;
(2) The building, structure, facility, or installation totally replaces the process or
production equipment that causes the Discharge of pollutants at an Existing Source; or
(3) The production or wastewater generating processes of the building structure,
facility, or installation are substantially independent of an Existing Source of Discharge
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 shall be considered;
(B) 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 subparagraphs (A)(2) or (A)(3)
above but otherwise alters, replaces, or adds to existing process or production
equipment; or
(C) Construction of a new source, as defined herein, has commenced if the owner or
operator has:
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(1) Begun, or caused to begin as part of a continuous on-site construction
program (a) any placement, assembly, or installation of facilities or equipment, or (b)
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
(2) Entered into a binding contractual obligation for the purchase of facilities or
equipment, which are 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 definition.
(18) Pass Through: The Discharge through the POTW into waters of the State
or of the United States in quantities or concentrations which, alone or in conjunction with
Discharges from other sources, is a cause of a violation of any requirement of the
County's NPDES permits (including an increase in the magnitude or duration of a
violation).
(19) Person means any individual, partnership, limited liability company, firm,
company, corporation, association, joint stock company, trust, estate, governmental
entity, or any other legal entity; or their legal representatives, agents, or assigns. This
definition includes all federal, state, and local governmental entities.
(20) Pollutant: Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes,
biological materials, radioactive materials, heat, wrecked or discarded equipment, rock,
sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics
of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, [as such terms
are herein defined] toxicity, or odor).
(21) POTW or Publicly owned treatment works: a "treatment works," as
defined by Section 212 of the Act that is owned by Indian River County. This definition
includes any devices or systems used in the collection, storage, treatment, recycling,
and reclamation of sewage or industrial wastes of a liquid nature and any conveyances
that convey wastewater to a treatment plant.
(22) Pretreatment: The reduction of the amount of pollutants, the elimination of
pollutants, or the alteration of the nature of pollutant properties in Wastewater to a less
harmful state prior to or in lieu of discharging or otherwise introducing such pollutants
into the POTW. 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.
(23) Pretreatment Requirements: Any substantive or procedural requirement
related to pretreatment imposed on a user, other than a pretreatment standard.
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(24) Pretreatment Standards or Standards: Prohibited discharge standards,
categorical pretreatment standards, and local limits.
(25) Prohibited Discharge Standards or Prohibited Discharges: Absolute
prohibitions against the discharge of certain substances; these prohibitions appear in
Section 201.65 hereof.
(26) Septic Tank Waste: Any wastewater from holding tanks such as vessels,
chemical toilets, campers, trailers, and septic tanks.
(27) Significant Industrial User: Any User of the POTW that is subject to
Categorical Pretreatment Standards; or a user that (a) Discharges an average of 25,000
gallons per day or more of process Wastewater to the POTW (excluding sanitary, non -
contact cooling and boiler blowdown wastewater); (b) Contributes a process waste
stream which makes up five (5) percent or more of the average dry weather hydraulic or
organic capacity of the POTW treatment plant; or (c) Is designated as such by the
County, on the basis that it has a reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or requirement. Upon a
finding that an industrial user meeting criteria (2) (a) or (b) has no reasonable potential
for adversely affecting the POTW's operation or for violating any pretreatment
standard or requirement, the County may, at any time, on its own initiative or in
response to a petition received from an industrial user and in accordance with Rule 62-
625.500(2)(e), FAC, if applicable, determine that such industrial user is not a significant
user.
(28) Slug: Any discharge of any substance released in/or at a rate or
concentration which, could cause a violation of the Prohibited Discharge Standards.
(29) Toxic Pollutant: Any pollutant or combination of pollutants listed as toxic by
the Administrator of the Environmental Protection Agency under the provisions of
Section 301(a) of the Act and listed in 40 CFR 401.15.
(30) Upset: An exceptional incident in which a User unintentionally and
temporarily is in a state of noncompliance with the standards adopted under this Part III
or established as part of its Wastewater Discharge Permit, due to factors beyond the
reasonable control of the user, and excluding noncompliance to the extent caused by
operational error, improperly designed treatment facilities, inadequate treatment
facilities, lack of preventive maintenance, or careless or improper operations thereof.
(31) User or Industrial User: A source of indirect discharge.
(32) Wastewater: Industrial or domestic wastewaters from dwellings,
commercial buildings, industrial facilities, and institutions together with any groundwater,
surface water and stormwater that may be naturally present, whether treated or
untreated, which is discharged into the POTW.
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(33) Wastewater Discharge Permit: Industrial Wastewater Discharge Permit
issued by the County to all Significant Industrial Users pursuant to this Ordinance.
(34) Wastewater Standard Parameters:
(a) B.O.D. (Biochemical Oxygen Demand): the quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedure in five
days at 20 degrees C., expressed in parts per million by weight, and determined by 40
CFR Part 136.
(b) pH: the logarithm of the reciprocal of the weight of hydrogen ions in grams
per liter of solution, as determined by 40 CFR Part 136.
(c) ppm or mg/1: shall mean parts per million, a ratio by weight, and
interchangeable with milligrams per liter.
(d) Suspended Solids: the solids that either float on the surface of, or in
suspension in, the wastewater, expressed in ppm, as determined by 40 CFR Part 136.
(f) Total Solids: The total weight, expressed in ppm or mg/I, of all settleable
suspended, or dissolved solids in the wastewater, as determined by 40 CFR Part 136.
(B) This Ordinance shall be liberally construed to carry out effectively the intent and
purpose of the Ordinance. Where any provision of Part III of Chapter 201 of The Code
refers to or incorporates another provision, statute, rule, regulation, or other authority,
this Ordinance refers to the most current version, including and incorporating any
amendments thereto or renumbering thereof.
(C) For the purposes of administration and enforcement of this Part III of Chapter 201
of The Code, unless otherwise stated in this Part III, the following rules of construction
shall apply to the text of this division: when not inconsistent with the context, words
used in the present tense include the future tense; words in the plural number include
the singular; words in the singular number include the plural; the terms "hereof',
"hereby", "herein", "hereto", "hereunder" and similar terms refer to this Ordinance and
this Part III of Chapter 201 of the Code. The word "shall" is always mandatory and not
merely discretionary. The definitions set forth in section 201.01 of this chapter are also
applicable to this Part III.
SECTION 7. CREATION OF NEW SECTION 201.65 OF THE CODE
Commencing on the Effective Date of this Ordinance, the following section is created to
read as follows:
Section 201.65. Prohibited Discharge Standards
(A) General Prohibitions. No user shall introduce or cause to be introduced into the
POTW any pollutant or wastewater that causes pass through or interference. These
ORDINANCE NO. 2007-013
general prohibitions apply to all users of the POTW whether or not they are subject to
categorical pretreatment standards or any other national, state, or local pretreatment
standards or requirements.
(B) Specific Prohibitions. No user shall introduce or cause to be introduced into the
POTW the following pollutants, substances, or wastewater:
(1) Pollutants that create a fire or explosive hazard in the POTW, including, but
not limited to, wastestreams with a closed -cup flashpoint of less than 140 F (60 C) using
the test methods specified in 40 CFR 261.21;
(2) Wastewater having a pH less than 5.5 or more than 9.5, or otherwise causing
corrosive structural damage to the POTW or equipment;
(3) Solid or viscous substances in amounts which will cause obstruction of the
flow in the POTW resulting in interference;
(4) Pollutants, including oxygen -demanding pollutants (B.O.D., etc.), released in
a discharge at a flow rate and/or pollutant concentration that, either singly or by
interaction with other pollutants, will cause interference with the POTW;
(5) Wastewater having a temperature greater than 140°F (60° C), or that will
inhibit biological activity in the treatment plant resulting in interference, but in no case
wastewater which causes the temperature at the introduction to the treatment plant to
exceed 104° F (40°C);
(6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin,
in amounts that will cause interference or pass through;
(7) Pollutants which result in the presence of toxic gases, vapors, or fumes
within the POTW in a quantity that may cause acute worker health and safety problems;
(8) Trucked or hauled pollutants, except at discharge points designated by the
County Administrator in accordance with Section 201.72 of this Ordinance;
(9) Noxious or malodorous liquids, gases, solids, or other wastewater which,
either singly or by interaction with other wastes, are sufficient to create a public
nuisance or a hazard to life, or to prevent entry into sewers for maintenance or repair;
(10) Wastewater which imparts color that 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 plant's effluent, thereby violating the
County's NPDES permit;
(11) Wastewater containing any radioactive wastes or isotopes except in
compliance with applicable State or Federal regulations;
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(12) Sludges, screenings, or other residues from the pretreatment of industrial
waste, unless permitted to do so;
(13) Wastewater causing, alone or in conjunction with other sources, the
treatment plant's effluent to fail a toxicity test;
(14) Detergents, surface-active agents, or other substances which may cause
excessive foaming in the POTW; or
(15) Fats, oils, or greases of animal or vegetable origin in concentrations greater
than in Section 201.68 of this Ordinance;
(C) Pollutants, substances, or wastewater prohibited by this section 201.65 shall not be
processed or stored in such a manner that they could be discharged to the POTW.
SECTION 8. CREATION OF NEW SECTION 201.66 OF THE CODE
Commencing on the Effective Date of this Ordinance, the following section is created to
read as follows:
Section 201.66. National Categorical Pretreatment Standards
(A) The categorical pretreatment standards found at 40 CFR Chapter 1, Subchapter N,
Parts 405-471 are hereby incorporated herein in their entirety by this reference as if
fully set forth herein.
(B) Where a categorical pretreatment standard is expressed only in terms of either the
mass or the concentration of a pollutant in wastewater, the County Administrator may
impose equivalent concentration or mass limits in accordance with Rule 62-625.410(4),
F.A.C.
(C) When wastewater subject to a categorical pretreatment standard is mixed with
wastewater not regulated by the same standard, the County Administrator shall impose
an alternate limit using the combined wastestream formula in Rule 62-625.410(6),
F.A.C.
(D) A user may obtain a variance from a categorical pretreatment standard if the user
can prove, pursuant to the procedural and substantive provisions in Rule 62-625.700,
F.A.C., that factors relating to its discharge are fundamentally different from the factors
considered by EPA when developing the categorical pretreatment standard.
(E) A user may obtain a net gross adjustment to a categorical standard in accordance
with 40 CFR 403.15 and Rule 62-625.820, F.A.C.
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SECTION 9. CREATION OF NEW SECTION 201. 67 OF THE CODE
Commencing on the Effective Date of this Ordinance, the following section is created to
read as follows:
Section 201.67. State of Florida Pretreatment Standards.
All provisions of FAC, Chapter 62 are hereby incorporated herein in their entirety by
this reference as if fully set forth herein.
SECTION 10. CREATION OF NEW SECTION 201.68 OF THE CODE
Commencing on the Effective Date of this Ordinance, the following section is created to
read as follows:
Section 201.68. Specific Local Limits on Discharge
(A) The following pollutant limits are established to protect against pass through and
interference. No person shall discharge wastewater containing in excess of the following
instantaneous maximum allowable discharge limits:
POLLUTANT
LOCAL LIMIT
MEASUREMENT
Arsenic
0.07 m /L
Cadmium
0.008 m /L
Chromium, Total
2.3 m /L
Copper
7.5 m /L
Cyanide
0.46 m /L
Lead
0.29 m /L
Mercury
0.01 m /L
Molybdenum
0.14 m /L
Nickel
4.0 m /L
Selenium
0.05 m /L
Silver
2.3 m /L
Zinc
0.19 m /L
Total Dissolved Solids (TDS)
1200 m /L
Total Suspended Solids TSS
300 m /L
Chemical Biological Oxygen
Demand
500 mg/L
Total Phosphorus TP
20 m /L
Total Nitrogen TN
40 m /L
Fats, Oils, & Grease
100 m /L
PH
5.5 to 9.5
Temperature
140 Degrees F.
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(B) The above limits apply at the point where the wastewater is discharged to the
POTW. All concentrations for metallic substances are for total metal unless indicated
otherwise. The County Administrator may impose mass limitations in addition to, or in
place of, the concentration -based limitations above.
(C) The County reserves the right to amend this Ordinance to provide for more stringent
limitations or requirements on Discharges to the POTW where deemed necessary to
comply with the objectives set forth in this Ordinance.
SECTION 11. CREATION OF NEW SECTION 201. 69 OF THE CODE
Commencing on the Effective Date of this Ordinance, the following section is created to
read as follows:
Section 201.69. Prohibited Acts
It shall be unlawful for any person to discharge any pollutant into the POTW or a
connected system except when such discharge is in compliance with federal standards
promulgated pursuant to the Act, and any other more stringent state and local
standards. Wastes containing concentrations in excess of the National Categorical
Pretreatment Standards are prohibited. New sources shall be subject to proposed
standards which are thereafter promulgated in accordance with the Act. No User shall
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 the
limitations contained in the National Pretreatment Standards, or in any other pollutant
specific limitation developed by the County. No User shall increase the use of potable
or processed water or, in any way, attempt to dilute a Discharge as a partial or complete
substitute for adequate treatment to achieve compliance with the limitations contained in
this Ordinance or any other applicable standard, limitation, or regulation.
SECTION 12. CREATION OF NEW SECTION 201.70 OF THE CODE
Commencing on the Effective Date of this Ordinance, the following section is created to
read as follows:
Section 201.70. Pretreatment of Wastewater
(A) Facilities. Users shall provide wastewater treatment as necessary to comply with
this Ordinance and shall achieve compliance with all categorical pretreatment
standards, local limits, and the prohibitions set out in Section 201.65 of this Part III
within the time limitations specified by EPA, the State, or the County Administrator,
whichever is more stringent. Any facilities necessary for compliance shall be provided,
operated, and maintained at the user's expense. Detailed plans describing such
facilities and operating procedures shall be submitted to the County Administrator for
review, and shall be acceptable to the County Administrator before such facilities are
constructed. The review of such plans and operating procedures shall in no way relieve
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the user from the responsibility of modifying such facilities as necessary to produce a
discharge acceptable to Indian River County under the provisions of this Ordinance.
(B) Additional measures. Whenever deemed necessary, the County Administrator may
require that Users with the potential to discharge inflammable substances may be
required to install and maintain an approved combustible gas detection meter.
SECTION 13. CREATION OF NEW SECTION 201.71 OF THE CODE
Commencing on the Effective Date of this Ordinance, the following section is created to
read as follows:
Section 201.71. Accidental Discharges/Slug Control Plans.
At least once every two (2) years, the County Administrator shall evaluate whether each
significant industrial user needs an accident discharge/slug control plan. The County
Administrator may require any user to develop, submit for approval, and implement
such a plan. Alternatively, the County Administrator may develop such a plan for any
user. An accidental discharge/slug control plan shall address, at a minimum, the
following:
(a) Description of discharge practices, including nonroutine batch discharges;
(b) Description of stored chemicals; Procedures for immediately notifying the
County Administrator or his designee of any accidental or slug discharge, as required in
Section 201.76(b); and
(c) Procedures to prevent adverse impact from any accidental or slug discharge.
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.
SECTION 14. CREATION OF NEW SECTION 201. 72 OF THE CODE
Commencing on the Effective Date of this Ordinance, the following section is created to
read as follows:
Section 201.72. Hauled Wastewater
(A) Septic tank waste may be introduced into the POTW only at locations designated
by the County Administrator, and at such times as are established by the County
Administrator. Such waste shall not violate Section 201.65, 201.66, 201.67, 201.68, and
201.69 of this Ordinance or any other requirements established by the County. The
County Administrator may require septic tank waste haulers to obtain wastewater
discharge permits.
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(B) The County Administrator shall require haulers of industrial waste to obtain
wastewater discharge permits. The County Administrator may require generators of
hauled industrial waste to obtain wastewater discharge permits. The County
Administrator also may prohibit the disposal of hauled industrial waste. The discharge of
hauled industrial waste is subject to all other requirements of this Ordinance.
(C) Industrial waste haulers may discharge loads only at locations designated by the
County Administrator. No load may be discharged without prior consent of the County
Administrator. The County Administrator may collect samples of each hauled load to
ensure compliance with applicable standards. The County Administrator may require
the industrial waste hauler to provide a waste analysis of any load prior to discharge.
(D) Industrial waste haulers must provide a waste -tracking form for every load. This
form shall include, at a minimum, the name and address of the industrial waste hauler,
permit number, truck identification, names and addresses of sources of waste, and
volume and characteristics of waste. The form shall identify the type of industry, known
or suspected waste constituents, and whether any wastes are RCRA (Resource
Conservation and Recovery Act) hazardous wastes.
SECTION 15. CREATION OF NEW SECTION 201.73 OF THE CODE
Commencing on the Effective Date of this Ordinance, the following section is created to
read as follows:
Section 201.73. Wastewater Discharge Permit - Application
(A) Wastewater Analysis. When requested by the County Administrator, a user must
submit information on the nature and characteristics of its wastewater within 15 days of
the request. The County Administrator is authorized to prepare a form for this purpose
and may periodically require users to update this information.
(B) Permit Required.
(1) No Significant Industrial User shall discharge wastewater into the POTW
without first obtaining a Wastewater Discharge Permit from the County Administrator,
except that a significant industrial user that has filed a timely application pursuant to
section 201.73(C) of this Ordinance may continue to discharge for the time period
specified therein.
(2) The County Administrator may require other users to obtain wastewater
discharge permits as necessary to carry out the purposes of this Ordinance.
(3) Any violation of the terms and conditions of a Wastewater Discharge Permit
shall be deemed a violation of this Ordinance and subjects the wastewater discharge
permittee to the sanctions set out in Section 10 through 12 of this Ordinance. Obtaining
a Wastewater Discharge Permit does not relieve a permittee of its obligation to comply
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with all Federal and State pretreatment standards or requirements or with any other
requirements of Federal, State, and local law.
(C) Existing Connections. Any user required to obtain a Wastewater Discharge Permit
who was discharging into the POTW prior to the effective date of this Ordinance and
who wishes to continue such discharge in the future, shall, within twenty (20) days after
the effective date of this Ordinance, submit a completed application to the County
Administrator for a wastewater discharge permit in accordance with section 201.73.E of
this Ordinance. Thereafter such User shall not cause or allow discharges to the POTW
to continue after sixty (60) days after the effective date of this Ordinance except in
accordance with a wastewater discharge permit issued by the County Administrator.
(D) New Connections. Any user required to obtain a wastewater discharge permit who
proposes to begin or recommence discharging into the POTW must obtain such permit
prior to the beginning or recommencing of such discharge. An application for this
wastewater discharge permit, in accordance with Section 201.73(E) of this Ordinance,
must be filed at least sixty (60) days prior to the date upon which any discharge will
begin or recommence.
(E) Wastewater Discharge Permit Application Contents. All users required to obtain a
Wastewater Discharge Permit must submit a permit application. Incomplete or
inaccurate applications will not be processed and will be returned to the user for
revision. The County Administrator may require all users to submit as part of an
application the following information:
(1) All information required under Section 201.76 of this Ordinance;
(2) Description of 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;
(3) Number and type of employees, hours of operation, and proposed or actual
hours of operation;
(4) Each product produced by type, amount, process or processes, and rate of
production;
(5) Type and amount of raw materials processed (average and maximum per
day);
(6) Site plans, floor plans, 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) Time and duration of discharges; and
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(8) Any other information as may be deemed necessary by the County
Administrator to evaluate the wastewater discharge permit application.
(F) Application Signatories and Certification. All wastewater discharge permit
applications and user reports must be signed by an authorized representative of the
user and contain the following certification statement:
"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 assure that
qualified personnel properly gather and evaluate the information submitted. Based on
my inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violations."
(G) Permit Decisions. The County Administrator will evaluate the data furnished by the
user and may require additional information. Within thirty (30) days of receipt of a
complete wastewater discharge permit application, the County Administrator will
determine whether or not to issue a wastewater discharge permit. The County
Administrator may deny any application for a wastewater discharge permit.
SECTION 16. CREATION OF NEW SECTION 201.74 OF THE CODE
Commencing on the Effective Date of this Ordinance, the following section is created to
read as follows:
Section 201.74. Wastewater Discharge Permit - Issuance Process
(A) Permit Duration. A wastewater discharge permit shall be issued for a specified time
period, not to exceed two (2) years from the effective date of the permit. A wastewater
discharge permit may be issued for a period less than two (2) years, at the discretion of
the County Administrator. Each wastewater discharge permit will indicate a specific
date upon which it will expire.
(B) Permit Contents. A wastewater discharge permit shall include such conditions as
are deemed reasonably necessary by the County Administrator to prevent pass through
or interference, protect the quality of the water body receiving the treatment plant's
effluent, protect worker health and safety, facilitate sludge management and disposal,
and protect against damage to the POTW.
(1) Wastewater discharge permits must contain:
(a) A statement that indicates wastewater discharge permit duration, which in no
event shall exceed two (2) years;
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(b) A statement that the wastewater discharge permit is nontransferable without
prior notification to the County in accordance with section 201.74.E. of this Part, and
provisions for furnishing the new owner or operator with a copy of the existing
wastewater discharge permit;
(c) Effluent limits based on applicable pretreatment standards;
(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 type based on Federal,
State, and local law; and
(e) A statement of applicable civil and criminal penalties for violation of
pretreatment standards and requirements,
Such schedule may not extend the time
applicable Federal, State, or local law.
and any applicable compliance schedule.
for compliance beyond that required by
(2) Wastewater discharge permits may contain, but need not be limited to, the
following conditions:
(a) Limits on the average and/or maximum rate of discharge, time of discharge,
and/or requirements for flow regulation and equalization;
(b) Requirements for the installation of pretreatment technology, pollution
control, or construction of appropriate containment devices, designed to reduce,
eliminate, or prevent the introduction of pollutants into the treatment works;
(c) Requirements for the development and implementation of spill control plans
or other special conditions including management practices necessary to adequately
prevent accidental, unanticipated, or non -routine discharges;
(d) Development and implementation of waste minimization plans to reduce the
amount of pollutants discharged to the POTW;
(e) The unit charge or schedule of user charges and fees for the management of
the wastewater discharged to the POTW;
(f) Requirements for installation and maintenance of inspection and sampling
facilities and equipment;
(g) A statement that compliance with the wastewater discharge 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 wastewater discharge permit; and
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(h) Other conditions as deemed appropriate by the County Administrator to
ensure compliance with this Ordinance, and State and Federal laws, rules, and
regulations.
(C) Wastewater Discharge Permit Appeals.
(1) The County Administrator shall provide public notice of the issuance of a
wastewater discharge permit. Any person, including the user, may petition the County
Administrator to reconsider the terms of a wastewater discharge permit within thirty (30)
days of notice of its issuance.
(2) Failure to submit a timely petition for review shall be deemed to be a waiver of
the administrative appeal.
(3) In its petition, the appealing party must indicate the wastewater discharge
permit provisions objected to, the reasons for this objection, and the alternative
condition, if any, it seeks to place in the wastewater discharge permit.
(4) The effectiveness of the wastewater discharge permit shall not be stayed
pending the appeal.
(5) If the County Administrator fails to act within thirty (30) days, a request for
reconsideration shall be deemed to be denied. Decisions not to reconsider a
wastewater discharge permit, not to issue a wastewater discharge permit, or not to
modify a wastewater discharge permit shall be considered final administrative actions
for purposes of judicial review.
(6) Aggrieved parties seeking judicial review of the final administrative
wastewater discharge permit decision must do so by filing a writ for common law
certiorari in the circuit court in Indian River County.
(D) Wastewater Discharge Permit Modification. The County Administrator may modify a
wastewater discharge permit for good cause, including, but not limited to, the following
reasons:
(1) To incorporate any new or revised Federal, State, or local pretreatment
standards or requirements;
(2) To address significant alterations or additions to the user's operation,
processes, or wastewater volume or character since the time of wastewater discharge
permit issuance;
(3) A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge;
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(4) Information indicating that the permitted discharge poses a threat to the
County's POTW, County personnel, or the receiving waters;
(5) Violation of any terms or conditions of the wastewater discharge permit;
(6) Misrepresentations or failure to fully disclose all relevant facts in the
wastewater discharge permit application or in any required reporting;
(7) Revision of or a grant of variance from categorical pretreatment standards
pursuant to Rule 62-625.700, FAC;
(8) To correct typographical or other errors in the wastewater discharge permit;
or
(9) To reflect a transfer of the facility ownership or operation to a new owner
operator; provided, however, that a permit modification shall only be granted if the
permit is transferable pursuant to section 201.74.E of this Ordinance.
(E) Wastewater Discharge Permit Transfer. Wastewater discharge permits may be
transferred to a new owner or operator only if the permittee gives at least sixty (60) days
advance notice to the County Administrator and the County Administrator approves the
wastewater discharge permit transfer. The notice to the County Administrator must
include a written certification by the new owner or operator that: (a) States that the new
owner and/or operator has no immediate intent to change the facility's operations and
processes; (b) Identifies the specific date on which the transfer is to occur; and (c)
Acknowledges full responsibility for complying with the existing wastewater discharge
permit. Failure to provide advance notice of a transfer renders the wastewater
discharge permit void as of the date of facility transfer.
(F) Wastewater Discharge Permit Revocation. The County Administrator may revoke a
wastewater discharge permit for good cause, including, but not limited to, the following
reasons:
(1) Failure to notify the County Administrator of significant changes to the
wastewater prior to the changed discharge;
(2) Failure to provide prior notification to the County Administrator of changed
conditions pursuant to Section 201.76(F) of this Ordinance;
(3) Misrepresentation or failure to fully disclose all relevant facts in the
wastewater discharge permit application;
(4) Falsifying self-monitoring reports;
(5) Tampering with monitoring equipment;
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(6) Refusing to allow the County Administrator timely access to the facility
premises and records;
(7) Failure to meet effluent limitations;
(8) Failure to pay fines;
(9) Failure to pay sewer charges;
(10) Failure to meet compliance schedules;
(11) Failure to complete a wastewater survey or the wastewater discharge permit
application;
(12) Failure to provide advance notice of the transfer of business ownership of a
permitted facility; or
(13) Violation of any pretreatment standard or requirement, or any terms of the
wastewater discharge permit or this Ordinance.
(G) Voidance of Wastewater Discharge Permit. Wastewater discharge permits shall be
void upon cessation of operations or transfer of business ownership. All wastewater
discharge permits issued to a particular user are void upon the issuance of a new
wastewater discharge permit to that user.
(H) Wastewater Discharge Permit Re -issuance. A user with an expiring wastewater
discharge permit shall apply for wastewater discharge permit re -issuance by submitting
a complete permit application, in accordance with section 201.73(F) of this Part, a
minimum of sixty (60) days prior to the expiration of the user's existing wastewater
discharge permit.
SECTION 17. CREATION OF NEW SECTION 201. 75 OF THE CODE
Commencing on the Effective Date of this Ordinance, the following section is created to
read as follows:
Section 201.75. Regulation of Waste Received from Other Jurisdictions
(A) If another municipality, or user located within another municipality, contributes
wastewater to the POTW, the County Administrator shall engage in negotiations with
the municipality and attempt to negotiate an interlocal agreement with the contributing
municipality for final approval by the Board of County Commissioners.
(B) Prior to bringing any such interlocal agreement to the Board of County
Commissioners, the County Administrator will request the following information from the
contributing municipality:
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(1) A description of the quality and volume of wastewater discharged to the
POTW by the contributing municipality;
(2) An inventory of all users located within the contributing municipality that are
discharging to the POTW; and
(3) Such other information as the County Administrator may deem necessary.
(C) An interlocal agreement, at a minimum, shall contain the following conditions:
(1) A requirement for the contributing municipality to adopt a sewer use
Ordinance which is at least as stringent as this Part III and local limits which are at least
as stringent as those set out in this Part lll. The requirement will specify that such
Ordinance and limits must be revised as necessary to reflect changes made to the
County's Ordinance or local limits;
(2) A requirement for the contributing municipality to submit a revised user
inventory on at least an annual basis;
(3) A provision specifying which pretreatment implementation activities, including
wastewater discharge permit issuance, inspection and sampling, and enforcement, will
be conducted by the contributing municipality; which of these activities will be conducted
by the county; and which of those activities will be conducted jointly by the contributing
municipality and the county;
(4) A requirement for the contributing municipality to provide the County
Administrator with access to all information that the contributing municipality obtains as
part of its pretreatment activities;
(5) Limits on the nature, quality, and volume of the contributing municipality's
wastewater at the point where it discharges to the POTW;
(6) Requirements for monitoring the contributing municipality's discharge;
(7) A provision ensuring the County Administrator access to the facilities of users
located within the contributing municipality's jurisdictional boundaries for the purpose of
inspection, sampling, and any other duties deemed necessary by the administrator;
(8) A provision specifying remedies available for breach of the terms of the
interlocal agreement;
(9) A provision for administration of costs and fees; and
(10) Where applicable, the interlocal agreement should specify that the
municipality (in which the POTW is located) has the right to take legal action to enforce
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the terms of the contributing municipality's Ordinance or to impose and enforce
pretreatment standards and requirements directly against noncompliant dischargers.
SECTION 18. CREATION OF NEW SECTION 201.76 OF THE CODE
Commencing on the Effective Date of this Ordinance, the following section is created to
read as follows:
Section 201.76. Reporting Requirements
(A) Baseline Monitoring Reports. Within either one hundred eighty (180) days after the
effective date of a categorical pretreatment standard, or the final administrative decision
on a category determination under Rule 62-625.410(2)FAC, whichever is later, existing
categorical users currently discharging to or scheduled to discharge to the POTW shall
submit to the County Administrator a report that contains the information listed in
section 201.76(8). At least ninety (90) days prior to commencement of their discharge,
new sources, and sources that become categorical users subsequent to the
promulgation of an applicable categorical standard, shall submit to the County
Administrator a report which contains the information listed in section 201.76(B) of this
Ordinance. A new source shall report the method of pretreatment it intends to use to
meet applicable categorical standards. A new source also shall give estimates of its
anticipated flow and quantity of pollutants to be discharged.
(B) Information required. Users described above shall submit the information set forth
below:
(1) Identifying Information. The name and address of the facility, including the
name of the operator and owner.
(2) Environmental Permits. A list of any environmental control permits held by or
for the facility.
(3) Description of Operations. A brief description of the nature, average rate of
production, and standard industrial classifications of the operation(s) carried out by such
user. This description should include a schematic process diagram, which indicates
points of discharge to the POTW from the regulated processes.
(4) Flow Measurement. Information showing the measured average daily and
maximum daily flow, in gallons per day, to the POTW from regulated process streams
and other streams, as necessary, to allow use of the combined wastestream formula set
out in Rule 62-625.410(6), FAC.
(5) Measurement of Pollutants.
process.
(a) The categorical pretreatment standards applicable to each regulated
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(b) The results of sampling and analysis identifying the nature and
concentration, and/or mass, where required by the standard or by the County
Administrator, of regulated pollutants in the discharge from each regulated process.
Instantaneous, daily maximum, and long-term average concentrations, or mass, where
required, shall be reported. The sample shall be representative of daily operations and
shall be analyzed in accordance with procedures set out in section 201.76(J) of this
Part.
(c) Sampling must be performed in accordance with procedures set out in
section 201.76(K) of this Part.
(6) Certification. A statement, reviewed by the user's authorized representative
and certified by a qualified professional, indicating whether pretreatment standards are
being met on a consistent basis, and, if not, whether additional operation and
maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment
standards and requirements.
(7) Compliance Schedule. If additional pretreatment and/or O&M will be
required to meet the pretreatment standards, the shortest schedule by which the user
will provide such additional pretreatment and/or O&M. The completion date in this
schedule shall not be later than the compliance date established for the applicable
pretreatment standard. A compliance schedule pursuant to this section must meet the
requirements set out in section 201.76(C) of this Part.
(8) Signature and Certification. All baseline monitoring reports must be signed
and certified in accordance with section 201.73.F. of this Part.
(C) Compliance Schedule Progress Reports. The following conditions shall apply to
the compliance schedule required by section 201.76(6)(7) of this Part:
(1) The schedule shall contain progress increments 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 user to meet the applicable
pretreatment standards (such events include, but are not limited to, hiring an engineer,
completing preliminary and final plans, executing contracts for major components,
commencing and completing construction, and beginning and conducting routine
operation);
(2) No increment referred to above shall exceed nine (9) months;
(3) The user shall submit a progress report to the County Administrator. no later
than fourteen (14) days following each date in the schedule and the final date of
compliance including, as a minimum, whether or not it complied with the increment of
progress, the reason for any delay, and, if appropriate, the steps being taken by the
user to return to the established schedule; and
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(4) In no event shall more than nine (9) months elapse between such progress
reports to the County Administrator.
(D) Reports on Compliance with Categorical Pretreatment Standard Deadline. Within
ninety (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 County Administrator a report containing
the information described in section 201.76(6)(4) through and including (6) of this Part.
For users subject to equivalent mass or concentration limits established in accordance
with the procedures in Rule 62-625.410(4), FAC, 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 sampling period. All compliance reports must
be signed and certified in accordance with section 201.73(F) of this Part.
(E) Periodic Compliance Reports.
(1) All significant industrial users shall, at a frequency determined by the County
Administrator but in no case less than twice per year (in June and December), submit a
report indicating the nature and concentration of pollutants in the discharge which are
limited by pretreatment standards and the measured or estimated average and
maximum daily flows for the reporting period. All periodic compliance reports must be
signed and certified in accordance with section 201.73(F) of this Part.
(2) All wastewater samples must be representative of the user's discharge.
Wastewater monitoring and flow measurement facilities shall be properly operated, kept
clean, and maintained in good working order at all times. The failure of a user to keep
its monitoring facility in good working order shall not be grounds for the user to claim
that sample results are unrepresentative of its discharge.
(3) If a user subject to the reporting requirement in this section monitors any
pollutant more frequently than required by the County Administrator, using the
procedures prescribed in section 201.76(K) of this Part, the results of this monitoring
shall be included in the report.
(F) Reports of Changed Conditions.
(1) Each user must notify the County Administrator of any planned significant
changes to the user's operations or system, which might alter the nature, quality, or
volume of its wastewater at least ninety (90) days before the change.
(2) The County Administrator may require the user to submit such information as
may be deemed necessary to evaluate the changed condition, including the submission
of a wastewater discharge permit application under section 201.73(E) of this Part.
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(3) The County Administrator may issue a wastewater discharge permit under
section 201.73(G) of this Part or modify an existing wastewater discharge permit under
section 201.74(D) of this Part in response to changed conditions or anticipated changed
conditions.
(4) For purposes of this requirement, significant changes include, but are not
limited to, flow increases of twenty percent 20% or greater, and the discharge of any
previously unreported pollutants.
(G) Reports of Potential Problems.
(1) In the case of any discharge, including, but not limited to, accidental
discharges, discharges of a non -routine, episodic nature, a non -customary batch
discharge, or a slug load, that may cause potential problems for the POTW, the user
shall immediately telephone and notify the County Administrator of the incident. This
notification shall include the location of the discharge, type of waste, concentration and
volume, if known, and corrective actions taken by the user.
(2) Within five (5) days following such discharge, the user shall, unless waived
by the County Administrator, submit a detailed written report describing the cause(s) of
the discharge and the measures to be taken by the user to prevent similar future
occurrences. Such notification shall not relieve the user of any expense, loss, damage,
or other liability, that may be incurred as a result of damage to the POTW, natural
resources, or any other damage to person or property; nor shall such notification relieve
the user of any fines, penalties, or other liability that may be imposed pursuant to this
Ordinance.
(3) A notice shall be permanently posted on the user's bulletin board or other
prominent place advising employees who to call in the event of a discharge described in
section 201.76(F)(1). Employers shall ensure that all employees, who may cause such
a discharge to occur, are advised of the emergency notification procedure.
(H) Reports from Unpermitted Users. All users not required to obtain a wastewater
discharge permit shall provide appropriate reports to the County Administrator as the
County Administrator may require.
SECTION 19. CREATION OF NEW SECTION 201.77 OF THE CODE
Commencing on the Effective Date of this Ordinance, the following section is created to
read as follows:
Section 201.77. Notice of Violation/Repeat Sampling and Reporting.
If sampling performed by a user indicates a violation, the user must notify the County
Administrator within twenty-four (24) hours of becoming aware of the violation. The
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user shall also repeat the sampling and analysis and submit the results of the repeat
analysis to the County Administrator within thirty, (30) days after becoming aware of the
violation. The user is not required to resample if the County Administrator monitors at
the user's facility at least once a month, or if the County Administrator samples between
the user's initial sampling and when the user receives the results of this sampling.
SECTION 20. CREATION OF NEW SECTION 201.78 OF THE CODE
Commencing on the Effective Date of this Ordinance, the following section is created to
read as follows:
Section 201.78. Notification of Discharge of Hazardous Waste.
(A) Any user is strictly prohibited from discharging any RCRA characteristic or listed
hazardous waste as defined under 40 CFR Part 261 to the POTW at any time. Any
user who may accidentally spill into the POTW any hazardous waste as defined in 40
CFR Part 261 shall immediately notify the County Administrator verbally at the time of
the accident, followed by written notification to the County Administrator, the EPA
Regional Waste Management Division Director, and state hazardous waste authorities.
All written notifications shall be done within 24 hours of the spill or the accidental
discharge of hazardous waste into the POTW. All verbal and written notifications must
contain the following information to the extent such information is known and readily
available to the user:
(1) An identification of the hazardous constituents contained in the wastes;
(2) An estimation of the mass; and
(3) Concentration of such constituents in the waste stream discharged into the
POTW during the accidental discharge or spill.
(B) All verbal and written notifications shall be submitted every time an accident or a
spill leads to the discharge of hazardous constituents/hazardous waste into the POTW.
(C) The notification requirement in section 201.78 does not apply to pollutants already
reported by users subject to categorical pretreatment standards under the
self-monitoring requirements of this Part. .
(D) Section 201.78 concerning notification of discharge of hazardous waste applies to
all users regardless of the amount and concentration of hazardous waste discharged
into the POTW and whether or not the waste is just hazardous or the waste is acute
hazardous waste as specified in 40 CFR 261.30(d) and 261.33(e).
(E) In the case of any new regulations under Section 3001 of RCRA identifying
additional characteristics of hazardous waste or listing any additional substance as a
hazardous waste, the user must notify the County Administrator verbally, and in writing
to the County Administrator, the EPA Regional Waste Management Waste Division
Director, and State hazardous waste authorities, as set forth in section 201.78.A. upon
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an accidental discharge or accidental spill into the POTW of such newly identified
hazardous waste.
(F) In the case of any notification made under section 201.78, the user shall certify that
it has or will have a program, approved by the County Administrator, in place within 30
days of the time of notification to prevent or minimize the chances of additional
accidental discharges of hazardous waste into the POTW. t
(G) This provision does not create a right to discharge any substance not otherwise
permitted to be discharged by this Ordinance, a permit issued hereunder, or any
applicable Federal or State law.
(H) The County Administrator, under this Part, may hold the user responsible for all
costs incurred by the County due to repairs resulting from discharge to the POTW,
cleanup, and any necessary steps taken to protect the operations of the POTW as a
result of the discharge of hazardous waste into the system.
SECTION 21. CREATION OF NEW SECTION 201.79 OF THE CODE
Commencing on the Effective Date of this Ordinance, the following section is created to
read as follows:
Section 201.79. Additional Requirements Applicable to Reports Provided Pursuant to
Sections 201.76. 201.77: and 201.78 of this Part.
(A) Analytical Requirements. All pollutant analyses, including sampling techniques, to
be submitted as part of a wastewater discharge permit application or report shall be
performed in accordance with the techniques prescribed in 40 CFR Part 136, unless
otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part
136 does not contain sampling or analytical techniques for the pollutant in question,
sampling and analyses must be performed in accordance with procedures approved by
EPA and/or FDEP.
(B) Sample Collection
(1) Except as set forth in section 201.79(B)(2) of this Part, the User must
collect wastewater samples using flow proportional composite collection techniques. In
the event flow proportional sampling is infeasible, the County Administrator may
authorize the use of time proportional sampling or a minimum of four (4) grab samples
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 discharge limits.
(2) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides,
and volatile organic compounds must be obtained using grab collection techniques.
ORDINANCE NO. 2007-013
(3) Samples shall be collected and analyzed during the time period covered
by the self-monitoring report to be submitted.
(C) 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 United States Postal Service, the date of receipt of the report shall
govern.
(D) Record Keeping. Users subject to the reporting requirements of this Ordinance
shall retain, and make available for inspection and copying, all records of information
obtained pursuant to any monitoring activities required by this Ordinance and any
additional records of information obtained pursuant to monitoring activities undertaken
by the user independent of such requirements. Records shall include the date, exact
place, method, and time of sampling, and the name of the person(s) taking the samples;
the dates analyses were performed; who performed the analyses; the analytical
techniques or methods used; and the results of such analyses. These records shall
remain available for a period of at least three (3) years. This period shall be
automatically extended for the duration of any litigation concerning the user or the
County, or where the user has been specifically notified of a longer retention period by
the County Administrator.
SECTION 22. CREATION OF NEW SECTION 201.80 OF THE CODE
Commencing on the Effective Date of this Ordinance, the following section is created to
read as follows:
Section 201.80. Compliance Monitoring
(A) Right of Entry: Inspection and Sampling.
(1) The County Administrator shall have the right to enter the premises of any
user to determine whether the user is complying with all requirements of this Ordinance
and any wastewater discharge permit or order issued hereunder. Users shall allow the
County Administrator ready access to all parts of the premises for the purposes of
inspection, sampling, records examination and copying, and the performance of any
additional duties.
(2) Where a user has security measures in force, which require proper
identification and clearance before entry into its premises, the user shall make
necessary arrangements with its security guards so that, upon presentation of suitable
identification, the County Administrator will be permitted to enter without delay for the
purposes of performing specific responsibilities.
(3) The County Administrator shall have the right to set up on the user's
property, or require installation of, such devices as are necessary to conduct sampling
and or metering of the user's operations.
29
ORDINANCE NO. 2007-013
(4) The County Administrator may require the user to install monitoring
equipment as necessary. The facility's sampling and monitoring equipment shall be
maintained at all times in a safe and proper operating condition by the user at its own
expense. All devises used to measure wastewater flow and quality shall be calibrated
as per each permit issued to ensure their accuracy.
(5) 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 County Administrator and shall not be replaced. The
costs of clearing such access shall be born by the user.
(6) Unreasonable delays in allowing the County Administrator access shall be a
violation of this Ordinance.
(B) Search Warrants. If the County Administrator has been refused access to a
building, structure, or property, or any part thereof, and is able to demonstrate probable
cause to believe that there may be a violation of this Ordinance, or that there is a need
to inspect and/or sample as part of a routine inspection and sampling program of the
County designed to verify compliance with this Ordinance or any permit or order issued
hereunder, or to protect the overall public health, safety and welfare of the community,
then the County Administrator may seek issuance of a search warrant, or, where
applicable, an inspection warrant, all pursuant to Florida Statutes Chapter 933, Search
And Inspection Warrants
SECTION 23. CREATION OF NEW SECTION 201.81 OF THE CODE
Commencing on the Effective Date of this Ordinance, the following section is created to
read as follows:
Section 201.81. Confidential Information.
Information and data on a user from reports, surveys, wastewater discharge permits,
and monitoring programs, and from the County Administrator's inspection and sampling
activities, shall be available to the public without restriction, unless the user specifically
requests, and is able to demonstrate to the satisfaction of the County Administrator, that
the release of such information or data will compromise the user's trade secrets. When
requested and demonstrated by the user furnishing a report that such information
should be held confidential, the portions of a report which might disclose trade secrets
or secret processes shall not be made available for inspection by the public (subject to
the applicable provisions of the Florida Public Records Law), but shall be made
available immediately upon request to government 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.
30
ORDINANCE NO. 2007-013
SECTION 24. CREATION OF NEW SECTION 201.82 OF THE CODE
Commencing on the Effective Date of this Ordinance, the following section is created to
read as follows:
Section 201.82. Publication of Users in Significant Noncompliance
(A) The County Administrator shall publish annually, in the largest daily newspaper
circulated in the County, a list of Users that, during the previous twelve (12) months,
were in significant noncompliance with applicable pretreatment standards and
requirements.
(B) The term significant noncompliance shall mean:
(1) Chronic violations of wastewater discharge limits, defined here as those in
which sixty-six percent (66%) or more of wastewater measurements taken during a six-
(6-) month period exceed the daily maximum limit or average limit for the same pollutant
parameter by any amount;
(2) Technical Review Criteria (TRC) violations, defined here as those in which
thirty-three percent (33%) or more of wastewater measurements taken for each
pollutant parameter during a six (6) month period equals or exceeds the product of the
daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for
BOD, TSS, fats, oils, and grease, and 1.2 for all other pollutants except pH);
(3) Any other discharge violation that the County Administrator believes has
caused, alone or in combination with other discharges, interference or pass through,
including endangering the health of POTW personnel or the general public;
(4) Any discharge of pollutants that has caused imminent endangerment to the
public or to the environment, or has resulted in the County Administrator's exercise of its
emergency authority to halt or prevent such a discharge;
(5) Failure to meet, within ninety, (90) days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement order
for starting construction, completing construction, or attaining final compliance;
(6) Failure to provide within thirty, (30) days after the due date, any required
reports, including baseline monitoring reports, reports on compliance with categorical
pretreatment standard deadlines, periodic self-monitoring reports, and reports on
compliance with compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation(s), which the County Administrator determines will
adversely affect the operation or implementation of the local pretreatment program.
31
ORDINANCE N0. 2007-013
SECTION 25. CREATION OF NEW SECTION 201.83 OF THE CODE
Commencing on the Effective Date of this Ordinance, the following section is created to
read as follows:
Section 201.83. Administrative Enforcement Remedies
(A) Notification of Violation. When the County Administrator finds that a user has
violated, or continues to violate, any provision of this Ordinance, a wastewater
discharge permit or order issued hereunder, or any other pretreatment standard or
requirement, the County Administrator may serve upon that user a written Notice of
Violation. Within thirty (30) days of the receipt of this notice, an explanation of the
violation and a plan of the satisfactory correction and prevention thereof, to include
specific required actions, shall be submitted by the user to the County Administrator.
Submission of this plan in no way relieves the user of liability for any violations occurring
before or after receipt of the Notice of Violation. Nothing in this section shall limit the
authority of the County Administrator to take any action, including emergency actions or
any other enforcement action, without first issuing a Notice of Violation.
(B) Consent Orders. The County Administrator may enter into Consent Orders,
assurances of voluntary compliance, or other similar documents establishing an
agreement with any user responsible for noncompliance. Such documents will include
specific action to be taken by the user to correct the noncompliance within a time period
specified by the document. Such documents shall have the same force and effect as the
administrative orders issued pursuant to sections 201.83(D) and (E) of this Ordinance
and shall be judicially enforceable.
(C) Show Cause Hearing. The County Administrator may order a user which has
violated, or continues to violate, any provision of this Ordinance, a wastewater
discharge permit or order issued hereunder, or any other pretreatment standard or
requirement, to appear before the County Administrator and show cause why the
proposed enforcement action should not be taken. Notice shall be served on the user
specifying the time and place for the meeting, the proposed enforcement action, the
reasons for such action, and a request that the user show cause why the proposed
enforcement action should not be taken. The notice of the meeting shall be served
personally or by registered or certified mail (return receipt requested) at least thirty, (30)
days prior to the meeting. Such notice may be served on any authorized representative
of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking
any other action against the user.
(D) Compliance Orders. When the County Administrator finds that a user has violated,
or continues to violate, any provision of this Ordinance, a wastewater discharge permit
or order issued hereunder, or any other pretreatment standard or requirement, the
County Administrator may issue an order to the user responsible for the discharge
directing that the user come into compliance within a specified time. If the user does not
come into compliance within the time provided, sewer service may be discontinued
32
ORDINANCE NO. 2007-013
unless adequate treatment facilities, devices, or other related appurtenances are
installed and properly operated. Compliance orders also may contain other
requirements to minimize the amount of pollutants discharged to the sewer. A
compliance order may not extend the deadline for compliance established for a
pretreatment standard or requirement, nor does a compliance order relieve the user of
liability for any violation, including any continuing violation. Issuance of a compliance
order shall not be a bar against, or a prerequisite for, taking any other action against the
user.
(E) Cease and Desist Orders. When the County Administrator finds that a user has
violated, or continues to violate, any provision of this Ordinance, a wastewater
discharge permit or order issued hereunder, or any other pretreatment standard or
requirement, or that the user's past violations are likely to recur, the County
Administrator may issue an order to the user directing it to cease and desist all such
violations and directing the User to immediately comply with all requirements; and take
such appropriate remedial; or preventative 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 bar against,
or a prerequisite for, taking any other action against the user.
SECTION 26. CREATION OF NEW SECTION 201.84 OF THE CODE
Commencing on the Effective Date of this Ordinance, the following section is created to
read as follows:
Section 201.84. Administrative Fines.
(A) When the County Administrator finds that a user has violated, or continues to
violate, any provision of this Ordinance, a wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement, the County Administrator
may fine such user in an amount not to exceed One Thousand Dollars ($1,000.00).
Such fines shall be assessed on a per violation, per day basis. In the case of monthly
or other long term average discharge limits, fines shall be assessed for each day during
the period of violation.
(B) Unpaid charges, fines, and penalties shall, after twenty (20) calendar days, be
assessed an additional penalty of a two (2) dollar flat fee plus one and a half percent
(1.5%) of the unpaid balance, and interest shall accrue thereafter at a flat fee of two (2)
dollars plus a rate of one and a half percent (1.5%) per month. After one hundred and
twenty (120) days, any unpaid charges, fines, or penalties in excess of One Hundred
Dollars ($100.00) can be justification for a lien against the property.
(C) Users desiring to dispute such fines must file a written request for the County
Administrator to reconsider the fine along with full payment of the fine amount within
thirty, (30) days of being notified of the fine. Where a request has merit, the County
Administrator may convene a hearing on the matter. In the event the user's appeal is
33
ORDINANCE NO. 2007-013
successful, the payment, together with any interest accruing thereto, shall be returned
to the user. The County Administrator may add the costs of preparing administrative
enforcement actions, such as notices and orders, to the fine.
(D) Issuance of an administrative fine shall not be a bar against, or a prerequisite for,
taking any other action against the user.
(E) There is hereby established an "Industrial Pretreatment Fine for pH violation," as
set forth below and such fines may be assessed on a per day basis:
Industrial Pretreatment Fine Table for pH
(Allowable pH Limits - 5.50 to 9.5)
Low pH Violation
High pH Violation
Fine Amount
5.00 to 5.49
------------------
$100
4.50 to 4.99
9.60 to 10.49
$250
4.00 to 4.49
10.50 to 10.99
$375
3.50 to 3.99
11.00 to 11.49
$500
3.00 to 3.49
11.50 to 11.99
$625
2.50 to 2.99
12.00 to 12.49
$750
2.00 to 2.49
12.50 to 12.99
$875
Less than 2.00
13.00 and above
$1000
Note: Violation is determined by:
1. Grab sample in excess of limits.
2. If continuous monitor, exceeding limits by 15 minutes or longer.
SECTION 27. CREATION OF NEW SECTION 201.85 OF THE CODE
Commencing on the Effective Date of this Ordinance, the following section is created to
read as follows:
Section 201.85. Emer-gencv Suspensions.
(A) The County Administrator may immediately suspend a user's discharge, after
informal notice to the user, whenever such suspension is necessary to stop an actual or
threatened discharge, which reasonably appears to present or cause an imminent or
substantial endangerment to the health or welfare of persons. The County
Administrator may also immediately suspend a user's discharge, after notice and
opportunity to respond, that threatens to interfere with the operation of the POTW, or
which presents, or may present, an endangerment to the environment.
(B) Any user notified of a suspension of its discharge shall immediately stop or
eliminate its contribution. In the event of a user's failure to immediately comply
voluntarily with the suspension order, the County Administrator may take such steps as
34
ORDINANCE NO. 2007-013
deemed necessary, including immediate severance of the sewer connection, to prevent
or minimize damage to the POTW, its receiving stream, or endangerment to any
individuals. The County Administrator may allow the user to recommence its discharge
when the user has demonstrated to the satisfaction of the County Administrator that the
period of endangerment has passed, unless the termination proceedings in section
201.86 of this Ordinance are initiated against the user.
(B) A user that is responsible, in whole or in part, for any discharge presenting
imminent endangerment shall submit a detailed written statement, describing the
causes of the harmful contribution and the measures taken to prevent any future
occurrence, to the County Administrator prior to the date of any show cause or
termination hearing under sections 201.83(C) or 201.86 of this Ordinance.
(1) Nothing in this section shall be interpreted as requiring a hearing prior to any
emergency suspension under this section.
SECTION 28. CREATION OF NEW SECTION 201.86 OF THE CODE
Commencing on the Effective Date of this Ordinance, the following section is created to
read as follows:
Section 201.86. Termination of Discharge.
(A) In addition to the provisions in Section 201.74(f) of this Ordinance, any user who
violates the following conditions is subject to discharge termination:
(1) Violation of wastewater discharge permit conditions;
(2) Failure to accurately report the wastewater constituents and
characteristics of its discharge;
(3) Failure to report significant changes in operations or wastewater volume,
constituents, and characteristics prior to discharge;
(4) Refusal of reasonable access to the user's premises for the purpose of
inspection, monitoring, or sampling; or
(5) Violation of the pretreatment standards in sections 201.66; 201.67; and
201.68 of this Ordinance.
(B) Such user will be notified of the proposed termination of its discharge and be
offered an opportunity to show cause under Section 201.83(C) of this Ordinance why
the proposed action should not be taken. Exercise of this option by the County
Administrator shall not be a bar to, or a prerequisite for, taking any other action against
the user.
35
ORDINANCE NO. 2007-013
SECTION 29. CREATION OF NEW SECTION 201.87 OF THE CODE
Commencing on the Effective Date of this Ordinance, the following section is created to
read as follows:
Section 201.87. Judicial Enforcement Remedies
(A) Injunctive Relief. When the County Administrator finds that a user has violated, or
continues to violate, any provision of this Ordinance, a wastewater discharge permit, or
order issued hereunder, or any other pretreatment standard or requirement, the County
Administrator may petition the Circuit Court through the County Attorney for the
issuance of a temporary or permanent injunction, as appropriate, which restrains or
compels the specific performance of the wastewater discharge permit, order, or other
requirement imposed by this Ordinance on activities of the user. The County
Administrator may also seek such other action as is appropriate for legal and/or
equitable relief, including a requirement for the user to conduct environmental
remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite
for, taking any other action against a user.
(B) Civil Penalties. A user who has violated, or continues to violate, any provision of
this Ordinance, a wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement shall be liable to the County for a maximum civil
penalty of not less than $1,000 per violation, per day. 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. The County may recover reasonable attorneys' fees, court costs, and
other expenses associated with enforcement activities, including sampling and
monitoring expenses, and the cost of any actual damages incurred by the County. In
determining the amount of civil liability, the Court shall take into account all relevant
circumstances, including, but not limited to, the extent of harm caused by the violation,
the magnitude and duration of the violation, any economic benefit gained through the
user's violation, corrective actions by the user, the compliance history of the user, and
any other factor as justice requires. Filing a suit for civil penalties shall not be a bar
against, or a prerequisite for, taking any other action against a user.
(C) Criminal Prosecution.
(1) A user who willfully or negligently violates any provision of this Ordinance, a
wastewater discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable
by a fine of at least One Thousand Dollars ($1000.00) per day/per violation in
accordance with Rule 62-625.500(2)(a)5.a, FAC, not to exceed the maximum of Two
Thousand Dollars ($2,000.00) per day in accordance with Section 125.69(1), Florida
Statutes.
(2) Any customer who willfully or negligently introduces any substance into the
wastewater system that causes personal injury or property damage shall, upon
ORDINANCE NO. 2007-013
conviction, be subject to a penalty or imprisonment or both. The penalty shall be in
addition to any other cause of action for personal injury or property damage available
under State or Federal law.
(3) A user who knowingly makes any false statements, representations, or
certifications in any application, record, report, plan, or other documentation filed, or
required to be maintained, pursuant to this Ordinance, wastewater discharge permit, or
order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate
any monitoring device or method required under this Ordinance shall, upon conviction,
be punished by a fine of at least One Thousand Dollars ($1,000.00) per day/per
violation in accordance with Rule 62-625.500(2)(a)5.a, FAC, not to exceed the
maximum of Two Thousand Dollars ($2,000.00) per day in accordance with Section
125.69(1), Florida Statutes.
SECTION 30. CREATION OF NEW SECTION 201.88 OF THE CODE
Commencing on the Effective Date of this Ordinance, the following section is created to
read as follows:
Section 201.88. Remedies Nonexclusive:
The remedies provided for in this Ordinance are not exclusive. The County
Administrator 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 County's enforcement response plan. However, the County
Administrator may take other action against any user when the circumstances warrant.
Further, the County Administrator is empowered to take more than one enforcement
action against any noncompliant user.
SECTION 31. CREATION OF NEW SECTION 201.89 OF THE CODE
Commencing on the Effective Date of this Ordinance, the following section is created to
read as follows:
Section 201.89. Supplemental Enforcement Action:
Whenever a user has violated or continues to violate any provision of this Ordinance, a
wastewater discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement, water service to the user may be severed. Service will only
recommence, at the user's expense, after it has satisfactorily demonstrated its ability to
comply.
SECTION 32. CREATION OF NEW SECTION 201.90 OF THE CODE
Commencing on the Effective Date of this Ordinance, the following section is created to
read as follows:
37
ORDINANCE NO. 2007-013
Section 201.90. Affirmative Defenses to Discharge Violations
(A) Upset -
(1)
set:
(1) For the purposes of section 201.90, upset means an exceptional incident in
which there is unintentional and temporary noncompliance with categorical pretreatment
standards because of factors beyond the reasonable control of the user. An 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.
(2) An upset shall constitute an affirmative defense to an action brought for
noncompliance with categorical pretreatment standards if the requirements of
paragraph (C), below, are met.
(3) A user who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs, or other
relevant evidence that:
(a) An upset occurred and the user can identify the cause(s) of the upset;
(b) The 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 user has submitted the following information to the County Administrator
within twenty-four (24) hours of becoming aware of the upset (if this information is
provided orally, a written submission must be provided within five (5) days):
(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.
(4) In any enforcement proceeding, the user seeking to establish the occurrence
of an upset shall have the burden of proof.
(5) Users will have the opportunity for a judicial determination on any claim of
upset only in an enforcement action brought for noncompliance with categorical
pretreatment standards.
(6) Users shall control production of all discharges to the extent necessary to
maintain compliance with categorical pretreatment standards upon reduction, loss, or
failure of its treatment facility until the facility is restored or an alternative method of
0
ORDINANCE NO. 2007-013
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
(1) A user shall have an affirmative defense to an enforcement action brought
against it for noncompliance with the general prohibitions in Section 2.1(A) of this
Ordinance or the specific prohibitions in Sections 2.1(8)(3) through 2.4 of this
Ordinance 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:
(a) 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
(b) No local limit exists, but the discharge did not change substantially in nature
or constituents from the user's prior discharge when the County 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) For the purposes of this section:
(a) Bypass means the intentional diversion of waste streams from any portion of
a user's treatment facility.
(b) Severe property damage means substantial physical damage to property,
damage to the 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.
(2) 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) and (D) of section 201.90.
(3) If a user knows in advance of the need for a bypass, it shall submit prior
notice to the County Administrator at least ten (10) days before the date of the bypass, if
possible. A user shall submit oral notice to the County Administrator of an unanticipated
bypass that exceeds applicable pretreatment standards within twenty-four (24) hours
from the time it becomes aware of the bypass. A written submission shall also be
provided within five (5) days of the time the user becomes aware of the bypass. The
written submission shall contain a description of the bypass and its cause; the duration
39
ORDINANCE NO. 2.007-013
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 taken or planned to
reduce, eliminate, and prevent reoccurrence of the bypass. The County Administrator
may waive the written report on a case-by-case basis if the oral report has been
received within twenty-four (24) hours.
(4) Bypass is prohibited, and the County Administrator may take an
enforcement action against a user for a bypass, unless
(a) Bypass was unavoidable to prevent loss of life, personal injury, or severe
property damage;
(b) There were no 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
back-up 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
(c) The user submitted notices as required under paragraph (C) of section
201.90.
(5) The County Administrator may approve an anticipated bypass, after considering its
adverse effects; if the County Administrator determines that it will meet the three
conditions listed in paragraph (D)(1) of this section.
SECTION 33. CREATION OF NEW SECTION 201.91 OF THE CODE
Commencing on the Effective Date of this Ordinance, the following section is created to
read as follows:
Section 201.91. Pretreatment Charges and Fees.
The County may adopt reasonable fees for reimbursement of costs of setting up and
operating the County's Pretreatment Program which may include fees for wastewater
discharge permit applications including the cost of processing such applications; fees
for monitoring, inspection, and surveillance procedures including the cost of collection
and analyzing a user's discharge, and reviewing monitoring reports submitted by users;
fees for reviewing and responding to accidental discharge procedures and construction;
fees for filing appeals; and other fees as the County may deem necessary to carry out
the requirements contained herein. These fees relate solely to the matters covered by
this Ordinance and are separate from all other fees, fines, and penalties chargeable by
the County.
SECTION 34. RECODIFICATION OF SECTION 201.08(N) 1 AND 2 OF THE CODE
AS SECTION 201.92.
Me
ORDINANCE NO. 2007-013
Commencing on the Effective Date of this Ordinance, Section 201.08(N) 1 and 2 of the
Code shall be recodified as Section 201.92 to read as follows:
Section 201.92. Establishment of Certain Pretreatment Fees.
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 one hundred fifty dollars
($150.00) and an annual fee of one hundred dollars ($100.00). Industrial users who are
required to submit monitoring reports pursuant to Part III of this chapter shall be
assessed a late fee of fifty dollars ($50.00) for each incidence of failure to submit a
monitoring report within sixty (60) days of the designated monitoring date.
SECTION 35. AMENDMENT OF SECTION 201.30 OF THE CODE.
Commencing on the Effective Date of this Ordinance, subsections A and F of section
201.30 of the Code shall be amended as follows:
Section 201.30. Prohibiting discharge of specified waste and waters into the county
sewerage system.
No person shall discharge or cause to be discharged any of the following described
waters or waste into the county sewerage system:
A. Any liquid or vapor having a temperature higher than one hundred fort 140 fi#y
0-583 degrees Fahrenheit.
F. Any waters or wastes having a pH lower than 5.5 6-2 or higher than 9.5 ", or
having any other corrosive property capable of causing damage or hazard to structures,
equipment, and personnel of the sewerage works.
PART II. GENERAL PROVISIONS.
SECTION 1. SEVERABILITY.
If any clause, section or provision of this Ordinance shall be declared by a court
of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the
same shall be eliminated from this Ordinance and the remaining portion of this
Ordinance shall be in full force and effect and be as valid as if such invalid portion
thereof had not been incorporated therein.
SECTION 2. REPEAL OF CONFLICTING ORDINANCES.
The provisions of any other Indian River County Ordinance that are inconsistent
or in conflict with the provisions of this Ordinance are repealed to the extent of such
inconsistency or conflict.
41
ORDINANCE NO. 2007-013
SECTION 3. INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code
of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance
may be renumbered or relettered to accomplish such, and the word "ordinance" may be
changed to "section", "article", or any other appropriate word.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall become effective on filing with the Department of State.
This Ordinance was advertised in the Vero Beach Press Journal on March 8, 2007, for a
public hearing to be held on March 20, 2007. During the March 20, 2007 public hearing,
this Ordinance was moved for adoption by Commissioner _ Bowden , and
seconded by Commissioner F1 escher , and adopted by the following vote:
Chairman Gary C. Wheeler Aye
Vice -Chairman Sandra L. Bowden Aye
Commissioner Wesley S. Davis Aye
Commissioner Joseph E. Flescher Aye
Commissioner Peter D. O'Bryan __ Aye
2007. DULY PASSED AND ADOPTED THIS 20th DAY OF March
Attest: J. K. Barton, Clerk
Deputy Clerk
Approved:
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
By
G C. Wheeler, Chairman
seph'A. Baird, rounty A—ciministrator
4prov6d.. o form and legal suff Jency:
/
Marian E. ell, Assi nt County Attorney
EFFECTIVE DATE: This Ordinance was filed with the Department of State on the
2_T day of YY1 i2.c_ H , 2007, and becomes effective on 3
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