HomeMy WebLinkAbout2012-007ORDINANCE NO. 2012-007
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA,
AMENDING AND RESTATING PART III (INDUSTRIAL
PRETREATMENT REGULATIONS) OF CHAPTER 201 OF
THE CODE OF INDIAN RIVER COUNTY, FLORIDA;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, due to the expansion and new operating permit for the West Regional
Wastewater Treatment Facility, it is necessary to amend Part III of Chapter 201 of the Code of
Indian River County, Florida to meet state and EPA rules.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA:
SECTION 1. PART III OF CHAPTER 201 OF THE CODE OF INDIAN RIVER COUNTY,
FLORIDA IS HEREBY AMENDED AND RESTATED AS FOLLOWS:
PART III. THE INDIAN RIVER COUNTY INDUSTRIAL PRETREATMENT REGULATIONS ORDINANCE
Section 201.61. Industrial pretreatment regulations adopted.
Industrial pretreatment regulations for industrial users are have been amended and restated adopted by
Ordinance No. 2007 2012-007, and are codified in full in Part III of Chapter 201 of The Code.
Section 201.62. Purpose; applicability; jurisdiction.
(A) This part sets forth uniform requirements for users of the publicly owned treatment works of
the county and enables the county to comply with all applicable 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;
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(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 part shall apply to all users of the publicly owned treatment works. This part 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 part 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 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 201.63. Administration.
Except as otherwise provided herein, the county administrator shall administer, implement, and enforce
the provisions of this part. Any powers granted to, or duties imposed upon, the county administrator in
this part 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.
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Section 201.64. Definitions; construction and interpretation.
(A) Unless the context specifically indicates otherwise, the meaning of the following terms used in
this part 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) Best Management Practices or "BMPs" mean schedules of activities, prohibitions of practices,
maintenance procedures and other management practices to implement the prohibitions listed in
subsections 62-625.400(1)(a) and (2)F.A.C. BMPs also include treatment requirements, operating
procedures. and practices to control plant site runoff, spillage or leaks, industrial sludge or waste
disposal, or drainage from raw materials storage.
ll Categorical Industrial User means an industrial user subject to categorical pretreatment standards
under Rule 62-625.410, F.A.C. including 40 CFR Chapter I, Subchapter N, Parts 405 through 471, as of
July 1, 2009, hereby adopted and incorporated by reference.
� u Categorical Pretreatment Standards: Any regulation containing pollutant discharge limits
promulgated by U.S. Environmental Protection Agency 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.
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(3) Best Management Practices or "BMPs" mean schedules of activities, prohibitions of practices,
maintenance procedures and other management practices to implement the prohibitions listed in
subsections 62-625.400(1)(a) and (2)F.A.C. BMPs also include treatment requirements, operating
procedures. and practices to control plant site runoff, spillage or leaks, industrial sludge or waste
disposal, or drainage from raw materials storage.
ll Categorical Industrial User means an industrial user subject to categorical pretreatment standards
under Rule 62-625.410, F.A.C. including 40 CFR Chapter I, Subchapter N, Parts 405 through 471, as of
July 1, 2009, hereby adopted and incorporated by reference.
� u Categorical Pretreatment Standards: Any regulation containing pollutant discharge limits
promulgated by U.S. Environmental Protection Agency 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.
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ORDINANCE NO. 2012-007
ll Control authority: The agency, service, organization or authority with the responsibility of control
of the industrial pretreatment program.
(54u Cooling water: The water discharged from any use such as air conditioning, cooling or
refrigeration, or to which the only pollutant added is heat.
u Daily Maximum: The arithmetic average of all effluent samples for a pollutant collected during
a calendar day.
{&�M Director: Director means the director of the county's department of utilities services or the
director's designee.
R4JL0J Domestic wastewater: Wastewater derived principally from dwellings, business buildings,
institutions, and other non -industrial sources.
(44 11 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.
( 12 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.
444 13 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 fifteen (15) minutes.
444 14 Indirect discharge or discharge: the introduction of pollutants into the POT - publicly owned
treatment works from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act.
(3�4 15 Industrial user: Any user other than a domestic wastewater user.
4-34 16 Industrial wastewater: Any discharge to the POTW other than segregated domestic wastes or
wastes from sanitary conveniences.
44� 17 Instantaneous maximum allowable discharge limit: The maximum concentration of a pollutant
allowed to be discharged at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the duration of the sampling event.
494 18 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
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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.
19 Local Limit: Specific discharge limits developed and enforced by the county upon industrial or
commercial facilities to implement the general and specific discharge prohibitions as referenced in
section 201.65 of this ordinance and as listed in 40 CFR 403.5(a) (1) and (b).
4C4 20 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.
21 MonthlvAverage: The sum of all "daily discharges" measured during a calendar month divided
by the number of "daily discharges" measured during that month.
4;4 22 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;
¢24LHJ The building, structure, facility, or installation totally replaces the process or production
equipment that causes the discharge of pollutants at an existing source; or
(34 iii 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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(ill 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
k2; ii 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.
484 23 Pass through: The discharge through the PG:PN publicly owned treatment works 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).
494 24 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.
RG) 25 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).
944 26 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.
424 27 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.
434 28 Pretreatment requirements: Any substantive or procedural requirement related to
pretreatment imposed on a user, other than a pretreatment standard.
(24) 29 Pretreatment standards or standards: Prohibited discharge standards, categorical pretreatment
standards, and Local Limits.
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454 30 Prohibited discharge standards or prohibited discharges: Absolute prohibitions against the
discharge of certain substances; these prohibitions appear in Section 201.65 hereof.
31 Responsible Corporate Officer:
(a) A president, secretary, treasurer, or 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; or
M The manager of one or more manufacturing, production, or operating facilities, provided, the
manager:
(i) Is authorized to make management decisions which govern the operation of the regulated facility
including having the explicit or implicit duty of making maior capital investment recommendations;
(ii) Is authorized to initiate and direct other comprehensive measures to assure long-term
environmental compliance with environmental laws and regulations;
NO Can ensure that the necessary systems are established or actions taken to gather complete and
accurate information for control mechanism requirements;
(iv) Has been assigned or delegated the authority to sign documents in accordance with corporate
procedures.
46) 32 Septic tank waste: Any wastewater from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
474 33 Significant industrial user: Any user of the POTW that is subject to categorical pretreatment
standards; or a user that (a) discharges an average of twenty-five thousand (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.
�* 34 Slug: Any discharge of any substance released in/or at a rate or concentration which, could
cause a violation of the prohibited discharge standards.
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35 Slug Discharge: Any discharge of a nonroutine, episodic nature which has a reasonable potential
to cause interference or pass through, or in any other way violate the wastewater facility's regulations
Local Limits or permit conditions.
{* 36 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.
37 Treatment Plant means that portion of a wastewater facility which is designed to provide
treatment (including recycling and reclamation) of domestic and industrial wastewater.
444 38 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.
414 39 User or industrial user: A source of indirect discharge.
424 40 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.
434 41 Wastewater discharge permit: Industrial wastewater discharge permit issued by the county to
all significant industrial users pursuant to this part.
k344 42 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 (5) days at twenty (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/l: 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.
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(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 part shall be liberally construed to carry out effectively the intent and purpose of this part.
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 part 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 part 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 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 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;
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(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;
(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.
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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.
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 201.68. Specific Local Limits lesals on discharge.
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No person shall discharge wastewater containing pollutants in excess of the Local Limits for those
pollutants which have been established for Indian River County's wastewater facilities using standard
procedures, calculations and methods acceptable to FDEP to protect against pass through, interference,
protection of wastewater facility employees, and adverse affects on wastewater residuals disposal. No
industrial user shall discharge process waste streams, unregulated waste streams, or dilute waste
streams in excess of the concentrations set forth by the County Administrator. Local Limits shall be
included as permit conditions and attached to each significant industrial user wastewater permit issued.
The established Local Limits are subiect to change and shall be modified as needed based on regulatory
requirements and standards, wastewater facility operation, performance and processes, the industrial
user base, potable water quality and domestic wastewater characteristics. Modifications to the
established Local Limits must be reviewed and approved by FDEP prior to implementation.
Implementation shall be effective 30 days from notice of acceptance of the modified limits by FDEP.
Permitted significant industrial users shall also be issued an addendum to their wastewater discharge
permit containing the new Local Limits. The established Local Limits apply at the point where the
wastewater is discharged to the wastewater facility. All concentrations for metallic substances are for
total metal unless indicated otherwise. At his or her discretion, the County Administrator may impose
mass limitations in addition to or in place of the concentration -based limitations. A copy of the
approved Local Limits is available upon request at the following location: Utility Operations Center,
4350 41" Street, Vero Beach, FL 32967.
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 part or any other applicable standard, limitation, or regulation.
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Section 201.70. Pretreatment of wastewater.
(A) Facilities. Users shall provide wastewater treatment as necessary to comply with this part and
shall achieve compliance with all categorical pretreatment standards, Local Limits leeal 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 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 part.
(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 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 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 part or any other requirements
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established by the county. The county administrator may require septic tank waste haulers to obtain
wastewater discharge permits.
(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
part.
(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 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 fifteen (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 part 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 part.
(3) Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a
violation of this part and subjects the wastewater discharge permittee to the sanctions set out in section
201.68 through 201.70 of this part. Obtaining a wastewater discharge permit does not relieve a
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ORDINANCE NO. 2012-007
permittee of its obligation to comply 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 part and who wishes to continue such
discharge in the future, shall, within twenty (20) days after the effective date of this part, submit a
completed application to the county administrator for a wastewater discharge permit in accordance
with section 201.73.E of this part. Thereafter such user shall not cause or allow discharges to the POTW
to continue after sixty (60) days after the effective date of this part 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 part, 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 part;
(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;
u The location for monitoring all wastes covered by the permit;
94 (8) Time and duration of discharges; and
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ORDINANCE NO. 2012-007
W () Any other information as may be deemed necessary by the county administrator to evaluate the
wastewater discharge permit application.
system,dkeet*en e . . in aeGeFdaAee with a system designed to assUFe that qualified peFSeRRE4
i tFue, aeGUFate,
awaFe that theFe aFe signifleant penalties feF submitting false
i
including the possibility 9n
(F) Signatory requirements for industrial user reports. The reports shall include the certification
statement as set forth in subparagraph 62-625.410(2)(b)2., F.A.C. and shall be signed as follows:
,(1) By a responsible corporate officer, if the industrial user submitting the reports is a corporation;
u By a general partner or proprietor, if the industrial user submitting the report is a partnership or
sole proprietor respectively;
u By a duly authorized representative
ll The authorization is made in writing
jbI The authorization specifies either an individual or a position having responsibility for the overall
operation of the facility from which the discharge originates, (such as the position of plant manager,
operator of a well, or well field superintendent, or a position of equivalent responsibility) or having
overall responsibility for environmental matters for the company, and
(c) written authorization is submitted to the control authority;
(4) If an authorization under paragraph (3) above is no longer accurate because a different individual
or position has responsibility for the overall operation of the facility, or overall responsibility for
environmental matters for the company, a new authorization satisfying the requirements of paragraph
(3) above must be submitted to the control authority prior to or together with anv reports to be signed
by an authorized representative; or
u By a duly authorized municipal official, if the industrial user submitting the reports is a municipal
department.
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ORDINANCE NO. 2012-007
u Signatory requirements for control authority reports. Reports submitted to the FDEP by the
control authority must be signed by a principal executive officer, ranking elected official, or other duly
authorized employee. The duly authorized employee must be an individual or position having
responsibility for the overall operation of the wastewater facility or the pretreatment program. This
authorization must be made in writing by the principal executive officer or ranking elected official, and
submitted to the FDEP prior to or together with the report being submitted.
(H) Provisions governing fraud and false statements. Any person, including a responsible corporate
officer, submitting or maintaining reports and other documents required under this chapter shall be
subject to the civil and criminal penalties of Section 403.161, F.S., for any falsification described in that
section.
ll Record-keeping requirements.
ll Any industrial user and control authority subject to the reporting requirements established in this
chapter shall maintain records of all information resulting from any monitoring activities required by this
chapter, including documentation associated with Best Management Practices. All sampling and
analysis activities shall be subiect to the record-keeping requirements specified in Chapter 62-160, F.A.C.
(2) Any industrial user or control authority subiect to the reporting requirements established in this
chapter, including documentation associated with Best Management Practices , shall be required to
retain for a minimum of 3 years any records of monitoring activities and results (whether or not such
monitoring activities are required by this chapter) and shall make such records available for inspection
and copying by the FDEP (and control authority in the case of an industrial user). This period of
retention shall be extended during the course of any unresolved litigation regarding the industrial user
or control authority.
(3) Any control authority to which reports are submitted by an industrial user shall retain such reports
for a minimum of 3 years and shall make such reports available for inspection and copying by the FDEP.
This period of retention shall be extended during the course of any unresolved litigation regarding the
discharge of pollutants by the industrial user or the operation of the pretreatment program.
(4) The control authority must retain documentation to support the control authority's determination
that a specific industrial user qualifies for reduced reporting requirements for a period of 3 years after
the expiration of the term of the control mechanism.
k64u 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.
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ORDINANCE NO. 2012-007
Section 201.74. Wastewater Discharge Permit Same --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;
(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; a+4
(e) A statement of applicable civil and criminal penalties for violation of pretreatment standards
and requirements, and any applicable compliance schedule. Such schedule may not extend the time for
compliance beyond that required by applicable federal, state, or local law; and:
Lf Requirements to control Slug Discharge if determined by the County Administrator to be
necessary.
(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;
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ORDINANCE NO. 2012-007
(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
(h) Other conditions as deemed appropriate by the county administrator to ensure compliance with
this part, 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
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ORDINANCE NO. 2012-007
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;
(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 part.
(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)
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ORDINANCE NO. 2012-007
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 part;
(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;
(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 part.
(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.
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ORDINANCE NO. 2012-007
(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 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:
(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 ieeal limits which are at least as stringent as those set out in
this Part III. 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 its;
(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;
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ORDINANCE NO. 2012-007
(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 the terms of the contributing
municipality's ordinance or to impose and enforce pretreatment standards and requirements directly
against noncompliant dischargers.
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(6). 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(6) of this part. 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.
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ORDINANCE NO. 2012-007
(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.
Lal The industrial user shall identify the pretreatment standards applicable to each regulated
process.
(b) In addition the industrial user shall submit the results of sampling and analysis identifying the
nature and concentration (or mass where required by the pretreatment standard or control authority)
of regulated pollutants in the discharge from each regulated process. Both daily maximum and average
concentration (or mass where required) shall be reported. The sample shall be representative of daily
operations and be in accordance with section 201.79 of this Ordinance. In cases where the
pretreatment standard requires compliance with a Best Management Practice or pollution prevention
alternative the industrial user shall submit documentation as required by the control authority or the
applicable standards to determine compliance with the standard.
kc4 Sampling must be peFfeFmed OR aGGGFdanee with ffeeedWes set out On seetien 201.76(K) 9
paft-
(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 (0&M) and/or additional pretreatment is
required to meet the pretreatment standards and requirements.
(7) Compliance schedule. If additional pretreatment and/or 0&M will be required to meet the
pretreatment standards, the shortest schedule by which the user will provide such additional
pretreatment and/or 0&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.
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FIY�
(b) In addition the industrial user shall submit the results of sampling and analysis identifying the
nature and concentration (or mass where required by the pretreatment standard or control authority)
of regulated pollutants in the discharge from each regulated process. Both daily maximum and average
concentration (or mass where required) shall be reported. The sample shall be representative of daily
operations and be in accordance with section 201.79 of this Ordinance. In cases where the
pretreatment standard requires compliance with a Best Management Practice or pollution prevention
alternative the industrial user shall submit documentation as required by the control authority or the
applicable standards to determine compliance with the standard.
kc4 Sampling must be peFfeFmed OR aGGGFdanee with ffeeedWes set out On seetien 201.76(K) 9
paft-
(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 (0&M) and/or additional pretreatment is
required to meet the pretreatment standards and requirements.
(7) Compliance schedule. If additional pretreatment and/or 0&M will be required to meet the
pretreatment standards, the shortest schedule by which the user will provide such additional
pretreatment and/or 0&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.
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ORDINANCE NO. 2012-007
(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(B)(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
(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(B)(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. In cases where the
Pretreatment Standards requires compliance with a Best Management Practice or pollution prevention
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ORDINANCE NO. 2012-007
alternative the user must submit documentation required by the County Administrator or the
Pretreatment Standard necessary to determine the compliance status of the user. 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. and be in compliance
with section 201.79 of this Ordinance. 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.
(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 (20) percent 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
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ORDINANCE NO. 2012-007
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 part.
(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.
J!4j Significant Industrial Users are required to notify the County Administrator immediately of any
changes at its facility affecting the potential for a Slue Discharge.
(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 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 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. Resampling by the industrial user is not required
if the County performs sampling at the user's facility at least once a month, or if the County performs
sampling at the user's facility between the time when the initial sampling was conducted and the time
when the user or the County receives the results of this sampling, or if the County has performed the
sampling and analysis in lieu of the Industrial User. The e at FeqUiFed `e Fesample if the eewnty
samples betweeR the User'; initial riampling and when the useF FeeeiYes the Fesults ef this safflpliAg.
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;
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stFilkethF9Ug„ format are deletions to text.
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ORDINANCE NO. 2012-007
(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 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 thirty (30) days of the time of
notification to prevent or minimize the chances of additional accidental discharges of hazardous waste
into the POTW.
(G) This provision does not create a right to discharge any substance not otherwise permitted to be
discharged by this part, 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 201.79. Additional requirements applicable to reports provided pursuant to sections 201.76,
201.77, and 201.78 of this part.
kA4 '
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}�thFOt►gIl format are deletions to text.
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ORDINANCE NO. 2012-007
IL Analytical Requirements.
(1) The industrial user shall identify the pretreatment standards applicable to each regulated
process.
(2) In addition the industrial user shall submit the results of sampling and analysis identifying the
nature and concentration (or mass where required by the pretreatment standard or control authority)
of regulated pollutants in the discharge from each regulated process. Both daily maximum and average
concentration (or mass where required) shall be reported. The sample shall be representative of daily
operations In cases where the pretreatment standard requires compliance with a Best Management
Practice or pollution prevention alternative the industrial user shall submit documentation as required
by the control authority or the applicable standards to determine compliance with the standard.
(3) The industrial user shall take a minimum of one representative sample to demonstrate data is in
compliance with these requirements.
(4) Samples shall be taken immediately downstream from pretreatment facilities, if such exist, or
immediately downstream from the regulated process if no pretreatment exists. If other wastewaters
are mixed with the regulated wastewater prior to pretreatment the industrial user shall measure the
flows and concentrations necessary to allow use of the combined waste stream formula of subsection
62-625.410(6), FAC in order to evaluate compliance with the pretreatment standards. Where an
alternate concentration or mass limit has been calculated in accordance with subsection 62-625.410(6),
FAC this adjusted limit along with supporting data shall be submitted to the control authority.
(5) All activities related to sampling and analysis shall comply with paragraphs (6)(d) and (e) and
Chapter 62-160, F.A.C.
ll Sampling activities shall be performed according to procedures specified in "The Department of
Environmental Protection Standard Operating Procedures for Field Activities," DEP-SOP-001/01, March
31 2008 hereby adopted and incorporated by reference. A copy of this document is available for
inspection at the FDEP's district offices and 2600 Blair Stone Road MS 3540, Tallahassee, Florida 32399-
2400 and is also available on the FDEP's internet site.
(b) Analytical tests shall be performed in accordance with applicable test procedures identified in
40 CFR Part 136 as of July 1 2009 hereby adopted and incorporated by reference. If a test for a specific
component is not listed in 40 CFR Part 136 or if the test procedure has been determined to be
inappropriate for the analyte in question (e.g., insufficient sensitivity) the laboratory, with the approval
of the industrial user and control authority, shall identify and propose a method for use in accordance
with Rules 62-160.300 and 62-160.330, F.A.C.
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*-i''*OUsT format are deletions to text.
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ORDINANCE NO. 2012-007
(c), If a sampling procedure is not available or none of the approved procedures are appropriate for
collecting the samples, the sampling organization, with the approval of the industrial user and control
authority, shall identify and propose a method for use in accordance with Rule 62-160.220, F.A.C.
(B) Sample collection.
(1) Except as set forth in section 201.79(B)(2) of this part, the user must collect wastewater samples
using 24-hour flow proportional composite collection techniques unless time -proportional composite
sampling or grab sampling is authorized by the County Administrator. In addition, grab samples may be
required to show compliance with instantaneous Limits. The reports required must be in compliance
with Section 201.76 of this Ordinance and shall be based upon data obtained through sampling and
analysis performed during the period covered by the report. These data shall be representative of
conditions occurring during the reporting period. The control authority shall require a frequency of
monitoring necessary to assess and assure compliance by industrial users with applicable pretreatment
standards and requirements. ka the—eVc�t f18W ^ penie„al sampling isinfeasible, the county
(2) , sulfides, and velatile GFga
For all sampling required by this
chapter, grab samples must be used for PH, cyanide, total phenols, oil and grease, sulfide, and volatile
organic compounds. For all other pollutants, 24-hour composite samples must be obtained through
flow -proportional composite sampling techniques, unless time -proportional composite sampling or grab
sampling is authorized by the County Administrator . Where time -proportional composite sampling or
grab sampling is authorized by the County Administrator, the sample must be representative of the
discharge and the decision to allow the alternative sampling must be documented in the industrial user
file for that facility. Using protocols (including appropriate preservation) specified in Chapter 62-160,
F.A.C. and DEP-SOP-001/01, multiple grabs collected during a 24-hour period may be composited prior
to analysis as follows:
(a) Samples for cyanide total phenols, and sulfides may be composited in the laboratory or in the
field.
(b) Samples for volatile organics and oil and grease may be composited in the laboratory; or in the
field.
u Composite samples for other parameters unaffected by the compositing procedures may be
authorized by the County Administrator, as appropriate.
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stFiket#Feegil format are deletions to text.
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ORDINANCE NO. 2012-007
ll Oil and grease samples shall be collected in accordance with paragraph (5)(a) above unless the
sampling location or point cannot be physically accessed to perform a direct collection of a grab sample.
In these instances the sample shall be pumped from the sampling location or point into the sample
container using a peristaltic -type pump All pump tubing used for sample collection must be new or pre -
cleaned and must be changed between sample containers and sample points The pump tubing shall
not be pre -rinsed or flushed with sample prior to collecting the sample. The report of analysis shall
indicate that a peristaltic pump was used to collect the oil and grease sample.
Samples shall be eelleeted and analyzed dUFiAg the time peFied eeYeFed by the self FAGAitGFiRg
FeP94 W 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. UseFS subject te the Fep9FtiRg FeqUiFements ef this paFt shall Fetain,
the date, e)(aet plaee, methed, and time ef sampling, and the name ef the peFSOR(S) taking the samplesz,
the dates analyses weFe peFf9ffned; whe peFfOFFAed the analyses; the analytical techniques eF metheds
used; and the result -s ef sueh analyses. These FereFds shall Femain ayailable f9F a peFied ef at least thFee
u Any industrial user and control authority subject to the reporting requirements established in
this chapter shall maintain records of all information resulting from any monitoring activities required by
this chapter, including documentation associated with Best Management Practices. All sampling and
analysis activities shall be subject to the record-keeping requirements specified in Chapter 62-160, F.A.C.
u Any industrial user or control authority subiect to the reporting requirements established in this
chapter, including documentation associated with Best Management Practices shall be required to
retain for a minimum of 3 years any records of monitoring activities and results (whether or not such
monitoring activities are required by this chapter) and shall make such records available for inspection
and copying by the FDEP (and control authority in the case of an industrial user). This period of
retention shall be extended during the course of any unresolved litigation regarding the industrial user
or control authority.
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StFikmss , format are deletions to text.
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ORDINANCE NO. 2012-007
(3) Any control authority to which reports are submitted by an industrial user shall retain such
reports for a minimum of 3 years and shall make such reports available for inspection and copying by
the FDEP This period of retention shall be extended during the course of any unresolved litigation
regarding the discharge of pollutants by the industrial user or the operation of the pretreatment
program.
(4) The control authority must retain documentation to support the control authority's
determination that a specific industrial user qualifies for reduced reporting requirements for a period of
3 years after the expiration of the term of the control mechanism.
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 part 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.
(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 part.
(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
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str+lcet-hFeUg#`V format are deletions to text.
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ORDINANCE NO. 2012-007
violation of this part, 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 part 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 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.
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 (66)
percent or more of wastewater measurements taken for the same pollutant parameter taken during a
six- (6) month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement,
including Instantaneous Limits as defined in Section 201.68
(2) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three (33)
percent or more of wastewater measurements taken for each pollutant parameter during a six (6)
month period equals or exceeds the product of the numeric Pretreatment Standard or Requirement
including Instantaneous Limits, as defined by Section 201.68,
multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils, and grease, and 1.2 for all other
pollutants except pH);
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strikethFeUgI4 format are deletions to text.
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ORDINANCE NO. 2012-007
(3) Any other d+sehaFge violation of a Pretreatment Standard or Requirement as defined by Section
201.68 (Daily Maximum Ione -term average, Instantaneous Limit, or narrative standard) that the county
administrator determines 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
(6) Failure to provide within forty-five (45) thirty (39) 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),
or group of violations, including a
violation of Best Management Practices which the control authority determines will adversely affect the
operation or implementation of the pretreatment program except when the FDEP is acting as the
control authority.
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 part, 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
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35
ORDINANCE NO. 2012-007
force and effect as the administrative orders issued pursuant to sections 201.83(D) and (E) of this part
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 part, 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 part, 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 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 part, 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 201.84. Administrative fines.
(A) When the county administrator finds that a user has violated, or continues to violate, any
provision of this part, 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
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ORDINANCE NO. 2012-007
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 dollar ($2.00) flat fee plus one and one-half (1.5) percent of the unpaid
balance, and interest shall accrue thereafter at a flat fee of two dollars ($2.00) plus a rate of one and
one-half (1.5) percent per month. After one hundred 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 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:
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StFikethF9Ugll, format are deletions to text.
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ORDINANCE NO. 2012- 007
Industrial Pretreatment Fine Table for pH
(Allowable pH Limits - 5.50 to 9.5)
TABLE INSET:
-1 F1 YIVId1RAI
rngn pH violation
Fine
Amount
5.00 to 5.49
_
$10000
4.50 to 4.99
9.60 to 10.49
250.00
4.00 to 4.49
10.50 to 10.99
375.00
3.50 to 3.99
11.00 to 11.49
500.00
3.00 to 3.49
11.50 to 11.99
625.00
2.50 to 2.99
12.00 to 12.49
750.00
2.00 to 2.49
12.50 to 12.99
875.00
Less than 2.00
13.00 and above
1,000.00
Note: Violation is determined by:
1. Grab sample in excess of limits.
2. If continuous monitor, exceeding limits by fifteen (15) minutes or longer.
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stFikethFeUgh format are deletions to text.
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ORDINANCE NO. 2012-007
Section 201.85. Emergency 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 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 part
are initiated against the user.
(C) 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
pa rt.
{Q ll Nothing in this section shall be interpreted as requiring a hearing prior to any emergency
suspension under this section.
Section 201.86. Termination of discharge.
(A) In addition to the provisions in section 201.74(F) of this part, 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
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s+-i1(n format are deletions to text.
39
ORDINANCE NO. 2012-007
(5) Violation of the pretreatment standards in sections 201.66; 201.67; and 201.68 of this part.
(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 part 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.
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 part, 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 part 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 part, 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 one thousand
dollars ($1,000.00) 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 part, 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 ($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 F.S. § 125.69(1).
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ORDINANCE NO. 2012-007
(2) Any customer who willfully or negligently introduces any substance into the wastewater system
that causes personal injury or property damage shall, upon 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 part, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or
knowingly renders inaccurate any monitoring device or method required under this part 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 F.S. § 125.69(1).
Section 201.88. Remedies nonexclusive.
The remedies provided for in this part 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 201.89. Supplemental enforcement action.
Whenever a user has violated or continues to violate any provision of this part, 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 201.90. Affirmative defenses to discharge violations.
(A) Upset:
(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.
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ORDINANCE NO. 2012-007
(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):
44 ll A description of the indirect discharge and cause of noncompliance;
9401 The period of noncompliance, including exact dates and times or, if not corrected, the
anticipated time the noncompliance is expected to continue; and
(� iii 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 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 201.65(A) of this part or the specific prohibitions
in sections 201.65(B)(3) through 2.4 [201.68] of this part 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 iArmal "m4 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
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(b) No Local Limit wait 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 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
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ORDINANCE NO. 2012-007
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
(C)(4) of this section.
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 part and are
separate from all other fees, fines, and penalties chargeable by the county.
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 2. SEVERABILITY.
If any section, or any sentence, paragraph, phrase, or word of this ordinance is for any
reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining
portions of this ordinance, and it shall be construed to have been the legislative intent to pass the
ordinance without such unconstitutional, invalid or inoperative part.
SECTION 3. CODIFICATION.
It is the intention of the Board of County Commissioners that the provision of this
ordinance shall become and be made part of the Indian River County Code, and that the sections of
this ordinance may be renumbered or re -lettered and the word ordinance may be changed to
section, article or such other appropriate word or phrase in order to accomplish such intention.
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ORDINANCE NO. 2012- 007
SECTION 4. EFFECTIVE DATE
This ordinance shall take upon filing with the Florida Department of State.
This ordinance was advertised in the Vero Beach Press -Journal on the 28th day of
April, 2012, for a public hearing to be held on the 8th day of May, 2012, at which time it was moved
for adoption by Commissioner 0' Bryan , seconded by Commissioner Solari , and
adopted by the following vote:
Chairman Gary C. Wheeler
Ave
Vice Chairman Peter D. O'Bryan
Aye
Commissioner Wesley S. Davis
Ave
Commissioner Joseph E. Flescher
Aye
Commissioner Bob Solari
Aye
The Chairman thereupon declared the ordinance duly passed and adopted this 8th
day of May, 2012.
iVi►
BOARD OF COUNTY COMMISSION
INDIAN RIVER COUNTY, FLORIDA
By: C'_
Gary C. eeler, Chairman
Approved as to form and legal sufficiency:
By:
Alan 9. Polack lch, Sr.
County Attorney
Effective Date: This ordinance was filed with the Department of State on
.2012.
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