HomeMy WebLinkAbout2020-006ORDINANCE NO. 2020- 006
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, AMENDING SECTIONS 201.64 (DEFINITIONS;
CONSTRUCTION AND INTERPRETATION) AND 201.65 (PROHIBITED
DISCHARGE STANDARDS) OF PART III (THE INDIAN RIVER COUNTY
INDUSTRIAL PRETREATMENT REGULATIONS ORDINANCE) OF CHAPTER
201 (COUNTY WATER AND SEWER SERVICES) OF THE CODE OF INDIAN
RIVER COUNTY, FLORIDA ESTABLISHING THE PROHIBITION OF THE
DISCHARGE OF HAZARDOUS WASTE PHARMACEUTICALS FROM
HEALTHCARE FACILITIES AND REVERSE DISTRIBUTORS; AND
PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF
CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT:
Section 1. Enactment Authority.
Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad
home rule powers in counties to enact ordinances, not inconsistent with general or special law,
for the purpose of protecting the public health, safety and welfare of the residents of the county.
The Indian River County Board of County Commissioners specifically determines that the
enactment of this ordinance is necessary to protect the health, safety and welfare of the residents
of Indian River County.
New language indicated by underline, and deleted language indicated by strikethrough.
Section 201.64 (Definitions; construction and interpretation) and Section 201.65 (Prohibited
discharge standards) of Part III (The Indian River County Industrial Pretreatment Regulations
Ordinance) of Chapter 201 (County Water and Sewer Services) of the Code of Indian River
County, Florida is hereby amended to read as follows:
CHAPTER 201. - COUNTY WATER AND SEWER SERVICES
PART III. - THE INDIAN RIVER COUNTY INDUSTRIAL PRETREATMENT REGULATIONS
ORDINANCE
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:
(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.
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(14) Hazardous waste pharmaceutical: a pharmaceutical that is a solid waste,
as defined in Title 40 of the Code of Federal Regulations (40 CFR)
section 261.2, and exhibits one or more characteristics identified in 40
CFR part 261 subpart C or is listed in 40 CFR part 261 subpart D.
(15) Healthcare facility: any person that is lawfully authorized to:
a) Provide preventative, diagnostic, therapeutic, rehabilitative,
the structure or function of the human or animal body; or
b) Distribute, sell, or dispense pharmaceuticals. This definition
includes, but is not limited to, wholesale distributors, third -party
pharmacies, mail-order pharmacies, retailers of pharmaceuticals,
veterinary clinics, and veterinary hospitals.
Healthcare facility does not include pharmaceutical
manufacturers.
(146) Indirect discharge or discharge: the introduction of pollutants into the
publicly -owned treatment works from any nondomestic source regulated
under Section 307(b), (c), or (d) of the Act.
(167) Industrial user: Any user other than a domestic wastewater user.
(168) Industrial wastewater: Any discharge to the POTW other than segregated
domestic wastes or wastes from sanitary conveniences.
(1-79) 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.
(U20) Interference: A discharge that, alone or in conjunction with a discharge or
discharges from other sources, both: (a) inhibits or disrupts the POTW, its
treatment processes or operations, or its domestic wastewater residuals
processes, use or disposal; and (b) is a cause of a violation of any
requirement of the county's NPDES or FDEP permits (including an
increase in the magnitude or duration of a violation), or prevents use or
disposal of domestic wastewater residuals by the county in compliance
with F.S. ch. 403 and FDEP rules.
(4921) 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
chapter and as listed in 40 CFR 403.5(a)(1) and (b).
(202) Medical waste: Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
ORDINANCE NO. 2020-006
surgical wastes, potentially contaminated laboratory wastes, and dialysis
wastes.
(243) Monthly average: The sum of all "daily discharges" measured during a
calendar month divided by the number of "daily discharges" measured
during that month.
(224) New source:
(235) Pass through: The discharge through the 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).
(246) 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.
prescription drugs, as defined by Title 21 of the Code of Federal
Regulations part 203.3(v): over-the-counter drugs; homeopathic drugs;
pharmaceuticals. Pharmaceutical does not include dental amalgam or
sharps.
(268) 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).
(269) 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.
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(2730) 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.
(2431) Pretreatment requirements: Any substantive or procedural requirement
related to pretreatment imposed on a user, other than a pretreatment
standard.
(2932) Pretreatment standards or standards: Prohibited discharge standards,
categorical pretreatment standards, and Local Limits.
(393) Prohibited discharge standards or prohibited discharges: Absolute
prohibitions against the discharge of certain substances; these
prohibitions appear in Section 201.65 hereof.
(34-4) Responsible corporate officer:
(35) Reverse distributor. Any person that receives and accumulates
(326) Septic tank waste: Any wastewater from holding tanks such as vessels,
chemical toilets, campers, trailers, and septic tanks.
(337) 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 POTVV'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.
(348) 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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(359) 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.
(3640) 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.
(3741) Treatment plant means that portion of a wastewater facility which is
designed to provide treatment (including recycling and reclamation) of
domestic and industrial wastewater.
(3642) 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.
(3943) User or industrial user. A source of indirect discharge.
(494) 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.
(445) Wastewater discharge permit: Industrial wastewater discharge permit
issued by the county to all significant industrial users pursuant to this part.
(426) Wastewater standard parameters:
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:
(16) Any hazardous waste pharmaceuticals from healthcare facilities and reverse
distributors.
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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Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional by
a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such
holding and shall remain in full force and effect.
Section 5. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 6. Effective Date. This ordinance shall become effective upon adoption by the Board
of County Commissioners and filing with the Department of State.
This ordinance was advertised in the Indian River Press Journal on the 15' day of March, 2020,
for a public hearing to be held on the 7th day of April, 2020, at which time it was moved for adoption
by Commissioner Flescher seconded by Commissioner o'Bryan and adopted by
the following vote:
Chairman Susan Adams AYE
Vice -Chairman Joseph E. Flescher AYE
Commissioner Tim Zorc AYE
Commissioner Peter D. O'Bryan AYR
Commissioner Bob Solari AIRS NT
The Chairman thereupon declared the ordinance duly passed and adopted this 7th day of April,
2020.
BOARD OF COUNTY CO
OF INOtAN,RIVER COUhW
M
ATTEST: Jeffrey R. Smith, Clerk
and Comptroller
By.K"f A"�z
Deputy Clerk
ams, Chairman
RIdA•• 6N'MIS
EFFECTIVE DATE: This Ordinance was filed with the Department of State on the/ day of
April, 2020.
If
AND LEGAL SUFFICIENCY
By DYLAMRI-i t+_4GO .D
COUNTY ATTORNEY