HomeMy WebLinkAbout1735 ORDINANCE NO. 1735
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
ESTABLISHING THE REQUIREMENTS AND PROCEDURES
TO REGULATE THE USE OF SANITARY AND STORM SEWERS:
PROVIDING IFOR PROPER DISCHARGE OF WATERS~AND WASTES
INTO THE CITY SEWER SYSTEMS: REGULATING DISCHARGE
OF CERTAIN WASTES: PROVIDING PENALTIES: PROVIDING
FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA:
SECTION 1 GENERAL PROVISIONS
1.1 Purpose and Policy
This ordinance sets forth uniform requirements for direct and indirect
contributors into the wastewater collection and treatment system for the City
of .Sanford, Florida, and enables the City to comply with all applicable State
and Federal laws required by the Clean Water Act of 1977 and the General
Pretreatment Regulations (40 CFR, Part 403).
The objectives of this ordinance are:
(a) To prevent the introduction of pollutants into the municipality wastewater
system which will interfere with the operation of the system or contaminate
the resulting sludge;
(b) To prevent the introduction of pollutants into the municipal wastewater
system which will pass through the system, inadequately treated, into
receiving waters or the atmosphere or otherwise be incompatible with
the system;
(c) To improve the opportunity to recycle and reclaim wastewaters and sludges
from the system; and
(d) To provide for equitable distribution of the cost of the municipal
wastewater system.
The ordinance provides for the regulation of direct and indirect contributors
to the municipal wastewater system through the issuance of permits to certain
non-domestic users and through'enforcement of general requirements for the
other users, authorizes monitoring and enforcement activities, requires user
reporting, assumes that existing customer's capacity will not be preempted, and
provides for the setting of fees for the equitable distribution of costs
resulting from the program established herein.
This ordinance shall apply to the City of Sanford and to persons outside the
City who are, by contract or agreement with the City, Users of the City POTW.
Except as otherwise provided herein, the City Manager of the City POTW shall
administer, implement, and enforce the provisions of this ordinance.
1.2 Definitions
Unless the context specifically indicates otherwise, the following terms and
phrases, as used in this ordinance, shall have the meanings hereinafter
designated:
(1) Act or "the Act". The Federal Water Pollution Control Act, also known
as the Clean Water Act, as amended, 33 U.S.C. 1251, et. seq.
(2) Approval Authority. The Director in an NPDES state with an approved
State Pretreatment Program and the Administrator of the EPA in a non-
NPDES state or NPDES state without an Approved State Pretreatment
Program.
(3) Authorized Representative of Industrial User. An authorized representative
of an Industrial User may be: (1) A principal executive officer of at
least the level of vice-president, if the Industrial User is a corporation;
(2) A general partner or proprietor if the industrial user is a
partnership or proprietorship, respectively; (3) A duly authorized
representative of the individual designated above if such representative
is responsible for the overall operation of the facilities from which
the indirect discharge originates.
(4) Biocbemical Oxygen Demand (BOD). The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory
procedure, five (5) days at 20° centigrade expresse~ in terms of weight
and concentration (milligrams per liter [mg/1]).
(5) Building Sewer. A sewer conveying wastewater from the premises of a
User to the POTW.
(6) Categorical Standards. National Categorical Pretreatment Standards or
Pretreatment Standard.
(7) Chemical Oxygen Demand (COD). A measure of the oxygen equivalent of
the organic matter of aeample that can be oxidized by using a strong
chemical oxidizing agent under acidic conditions.
(8) CitT. The City of Sanford or the City Commission of Sanford.
(9) City Manager. Person appointed by the City Commission to manage the
City.
(10) Collection System. The system of public sewers to be operated by the
City of Sanford or public sewers connected to the City system collecting
wastewater.
(11) Combined Sewer. Pipe or .conduit which receives both stormwater and
sanitary sewage.
(12) Cooling Water. The water discharged from any use such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is heat.
(13) Direct Discharge. The discharge of treated or untreated wsstewater
directly to the waters of the State of Florida.
(14) Domestic Wastewater. Wastewater derived principally from dwellings,
commercial buildings, institutions, and industry resulting from household
or toilet wastes resulting from human occupancy.
(15) Environmental Protection Agency, or EPA. The U.S. Environmental
Protection Agency, or where appropriate the term may also be used as a
designation for the Administrator or other duly authorized official of
said agency.
(16) Grab Sample. A sample which is taken from a waste stream on a one-time
basis with no regard to the flow in the waste stream and without
consideration of time.
(17) Holding Tank Waste. Any waste from holding tanks such as vessels,
chemical toilets, campers, trailers, septic tanks, and vacuum-pump
tank trucks.
(18) Indirect Discharge. The discharge or the introduction of nondomestic
pollutants from any source regulated under Section 307(b) or (c) of the
Act, (33 U.S.C. ~317), into the POTW (including holding tank waste
discharged into the system).
(19) Industrial or Commercial Waste. The liquid wastes from industrial,
commercial or institutional processes as distinct from domestic or
sanitary sewage.
(20) Interference. The inhibition or disruption of the POT~ treatment
processes or operations which contributes to a violation of any
requirement of the City's NPDES Permit. The term includes prevention
of sewage sludge use or disposal by the POTW in accordance with 405
of the Act, (33 U.S.C. 1345) or any criteria, guidelines, or regulations
developed pursuant to the Solid Waste Disposal Act (S~DA), the Clean
Air Act, the Toxic Substances Control Act, or more stringent state
criteria (including those contained in any State sludge management
plan prepared pursuant to Title IV of SWDA) applicable to the method
of disposal or use employed by the POTW.
(21) National Categorical Pretreatment Standard or Pretreatment Standard.
Any regulation containing pollutant discharge limits promulgated by the
EPA in accordance with section 307(b) and (c) of the Act (33 U.S.C. 1347)
which applies to a specific category of Industrial Users.
(22) National Pollution Discharge Elimination System or NPDES Permit. A
permit issued pursuant to section 402 of the Act (33 U.S.C. 1342).
(23') Person. Any individual, partnership, copartnersbip, firm, company,
corporation, association, Joint stock company, trust, estate, governmental
entity or any other legal entity, or their legal representatives, agents
or assigns. The masculine gender shall include the feminine, the
singular shall include the plural where indicated by the context.
(24)PH. The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution.
(25) Pollution. The man-made or man-induced alteration of the cbem/cal,
physical, biological, and radiological integrity of water.
(26) Pollutant. Any dredged spoil, solid waste, incinerator residue,
sewage, garbage, sewage sludge, munitions, chemical wastes, biological
materials, radioactive materials, beat, wrecked or discharged equipment,
rock, sand, cellar dirt and industrial, municipal, and agricultrual
waste discharged into water.
(27) Pretreatment or Treatment. The reduction of the amount of pollutants,
the elimination of pollutants, or the alteration of the nature of
pollutant properties in wastewater to a less harmful state prior to or
in lieu of discharging or otherwise introducing such pollutants into a
POTW. The reduction or alteration can be obtained by physical, chemical
or biological processes, or process changes other means, except as
prohibited by 40 CFR Section 403.6(d).
(28) Pretreatment Requirements. Any substantive or procedural requirement
related to pretreatment, other than a National Pretreatment Standard
imposed on an industrial user.
(29) Publicly Owned Treatment Works (POTW). A treatment works as defined
by section 212 of the Act, (33 U.S.C. 1292) which is owned in this
instance by the City. This definition includes any sewers that convey
wastewater to the POTW treatment plant, but does not include pipes,
sewers or other conveyances not connected to a facility providing
treatment. For the purposes of this ordinance, "POTW" shall also
include any sewers that conveywastewaters to the POTW from persons
outside the City who are, by contract or agreement with the City,
users of the City's POTW.
(30) POTW Treatment Plant. That portion of the POTW designed to provide
treatment to wastewater.
(31) Sanitary Sewage. The household and toilet wastes resulting from
human occupancy.
(32) Sanitary Sewer. Pipe or.conduit which carries sewage and to which
storm, surface, and ground waters are not intentionally admitted.
(33) Shall is mandatory: May is permissive.
(34) Significant Industrial User. Any Industrial User of the City's
wastewater disposal system who (i) has a discharge flow of 25,000
gallons or more per average work day, or (ii) has a flow greater than
5% of the flow in the City's wastewater treatment system, or (iii) has
in his wastes toxic pollutants as defined pursuant to Section 307 of
the Act of Florida Statutes and rules or (iv) is found by the City,
Florida Department of Environmental Regulation or the U.S. Environmental
Protection Agency (EPA) to have significant impact, either singly or
in combination with other contributing industries, on the wastewater
treatment system, the quality of sludge, the system's effluent quality,
or air emissions generated by the system.
(35) State. State of Florida.
(36) Standard Industrial Classification (SIC). A classification pursuant
to the Standard Industrial Classification Manual issued by the Executive
Office of the President, Office of Management and Budget, 1972.
(37) Stornr~ater. Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
(38) Suspended Solids. The total suspended matter that floats on the
surface of, or is suspended in, water, wastewater or other liquids, and
which is removable by laboratory filtering.
(39) Toxic Pollutant. Any pollutant or combination of pollutants listed as
toxic in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provision of CWA 307(a) or other Acts.
(40) USer. Any person who. contributes, causes or permits the contribution
of wastewater into the City's POTW.
(41) Utility Director. That person or his authorized representative,
designated by the City to administer the City's sewer system.
(42) Wastewater. The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial faciltities, and
institutions, together with may be present, whether treated or untreated,
which is contributed into or permitted to enter the POTW.
(43) Wastewater Contribution Permit. As set forth in Section 4.1 of this
ordinance.
1.3 Abbreviations
The following abbreviations shall have the designated meanings:
BOD - Biochemical Oxygen Demand.
CFR - Code of Federal Regulations.
COD - Chemical Oxygen Demand.
EPA - Environmental Protection Agency
I - Liter.
m_t- Milligrams.
m~/1 -Milligrams per liter.
NPDES - National Pollutant Discharge Elimination System.
POTW - Publicly Owned Treatment Works.
SIC - Standard Industrial Classification.
S~rDA - Solid Waste Disposal Act, 42 U.S.C. 6901, et. seq.
USC - United States Code.
TSS - Total Suspended Solids.
SECTION 2 REGULATIONS
2.1 General Discharge Prohibitions
No User shall contribute or cause to be contributed, directly or indirectly,
any pollutant or wastewater which will interfere with the operation or
performance of the POTW. These general prohibitions apply to all such Users
of a POTWwhether or not the User is subject to National Categorical
Pretreatment Standards or any other National, State, or local Pretreatment
Standards or Requirements. A user may not contribute the following substances
to any POTW:
(a) Any liquids, solids or gases which by reason of their nature or quantity
are, or may be, sufficient either alone or by interaction with other
subtances to cause fire or explosion or be injurious in any other way
to the POTW or to the operation of the POTW. At no time, shall two
successive readings on any explosion hazard meter, at the point of
discharge into the system (or at any point in the system) be more than
five percent (5%) nor any single reading over ten percent (10%) of the
Lower Explosive Limit (LEL) of the meter. Prohibited materials include,
but are not limited to, gasoline, kerosene, naphtha, benzene, toluene,
xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates,
perchlorates, bromates, carbides, hydrides and sulfides and any other
substances which the City, the State or EPA has notified the User is
a fire hazard or a hazard to the system.
(b) Solid or viscous substances which may cause obstruction to the flow
in a sewer or other interference with the operation of the wastewater
treatment facilities such as, but not limited to: grease, garbage
with particles greater than one-half inch (½") in any dimension,
animal guts or tissues, paunch manure, bones, hair, hides or fleshings,
entrails, whole blood, feathers, ashes, cinders, sand, spent lime,
stone or marble dust, metal, glass, straw, shavings, grass clippings,
rags, spent grains, spent hops, waste paper, wood, plastics, gas,
tar, asphalt residues, residues from refining, or processing of fuel
or lubricating oil, mud, or glass grinding or polishing wastes.
(c) Any wastewater having a pH less than 5.0, unless the POTW is specifically
designed to accommodate such wastewater, or wastewater having any other
corrosive property capable of causing damage or hazard to structures,
equipment, and/or personnel of the POTW.
(d) Any wastewater containing toxic pollutants in sufficient quantity,
either singly or by interaction with other pollutants, to injure or
interfere with any wastewater treatment process, constitute a hazard
to humans or animals, create a toxic effect in the receiving waters
of the POTW, or to exceed the limitation set forth in a Categorical
Pretreatment Standard. A toxic pollutant shall include but not be
limited to any pollutant identified pursuant to Section 307(a) of the
Act.
(e) Any noxious or malodorous liquids, gases, or solids which either
singly or by interaction with other wastes are sufficient to create
a public nuisance or hazard to life or are sufficient to prevent
entry into the sewers for maintenance and repair.
(f) Any substance which may cause the POTW's effluent or any other product
of the POTW such as residues, sludges, or scums, to be unsuitable for
reclamation and reuse or to interfere with the reclamation process.
In no case, shall a substance discharged to the POTW cause the POTW
to be in non-compliance with sludge use or disposal criteria, guidelines
or regulations developed under Section 405 of the Act; any criteria,
guidelines, or regulations affecting sludge use or disposal developed
pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic
Substances Control Act, or State criteria applicable to the sludge
management method being used.
(g) Any substance which will cause the POTW to violate its NPDES and/or
State Disposal System Permit or the receiving water quality standards.
(h) Any wastewater with objectionable color not removed in the treatment
process, such as, but not limited to, dye wastes and vegetable tanning
solutions.
(i) Any wastewater having a temperature which will inhibit biological
activity in the POTW treatment plant resulting in Interference, but
in no case wastewater with a temperature at the introduction in-
to the POTW which exceeds 40°C (104°F) unless the POTW treatment
plant is designed to accommodate such temperature.
(j) Any pollutants, including oxygen demanding pollutants (BOD,
etc.) released at a flow rate and/or pollutants concentration
which a user knows or has reason to know will cause interfer-
ence to the POTW.
(k) Any wastewater containing any radioactive wastes or isotopes
of such half-life or concentration as may exceed limits estab-
lished by the Utility Director in compliance with applicable
State or Federal regulations.
(1) Any wastewater which causes a hazard to human life or creates
a public nuisance.
When the Utility Director determines that a User(s) is contributing
to the POTW, any of the above enumerated substances in such amounts
as to Interfere with the operation of the POTW, the Utility Director
shall: 1) Advise the User(s) of the impact of the contribution on
the POTW; and 2) Develop effluent limitation(s) for such User to
correct the Interference with the POTW.
2.2 Federal Categorical Pretreatment Standards
Upon promulgation of the Federal Categorical Pretreatment Standards
for a particular industrial subcategory, the Federal Standard, if
more stringent than limitations imposed under this Ordinance for
sources in that subcategory, shall immediately supersede the limi-
tations imposed under this Ordinance. The Utility Director shall
notify all affected Users of the applicable reporting requirements
under 40 CFR, Section 403.12.
2.3 Specific Pollutant Limitations
No person shall discharge wastewater or any substance containing in
excess of the following limits and measured at the point of dis-
charge into the sewer system:
Cadmium 0.69 mg/1
Chromium, Hexavalent 2.77 mg/1
Copper, Total 3.38 mg/1
Cyanides 1.20 mg/1
Lead 0.69 mg/1
Nickel 3.98 mg/1
Silver 0.43 mg/1
Zinc 2.61 mg/1
or any substance that will pass through or inhibit the wastewater
treatment facilities and exceed State and/or Federal requirements for
receiving waters. Specific pollutant limitations for industrial dis-
charges shall meet national categorical pretreatment standards.
2.4 State Requirements
State requirements and limitations on discharges shall apply in any
case where they are more stringent than Federal requirements and
limitations or those in this Ordinance.
2.5 City'S Right of Revision :
The City reserves the right to establish by ordinance more stringent
limitations or requirements on discharges to the wastewater disposal system
if deemed necessary to comply with the objectives presented in Section 1.1
of this Ordinance.
2.6 Excessive Discharge
No User shall ever increase the use of process water or, in any way, attempt
to dilute a discharge as a partial or complete substitute for adequate
treatment to achieve compliance ~ith the limitations contained in the Federal
Categorical Pretreatment Standards, or in any other pollutant-specific
limitation developed by the City or State.
2.7 Accidental Discharges
Each User shall provide protection from accidental discharge of prohibited
materials or other substances regulated by this Ordinance. Facilities to
prevent accidental discharge of prohibited materials shall be provided and
maintained at the owner or user's own cost and expense. In the case of an
accidental discharge, it is the responsibility of the user to immediately
telephone and notify the POTW of the incident. The notification shall
include location of discharge, type of waste, concentration and volume,
and corrective actions.
Written Notice: Within five (5) days following an accidental discharge;
the User shall submit to the Utility Director a detailed written report
describing the cause of the discharge and the measures to be taken by the
User to prevent similar future occurrences. Such notification shall not
relieve the user of any expense, loss, damage, or other liability which may
be incurred as a result of damage to the POTW, fish kills, or any other
damage to person or property; nor shall such notification relieve the user
of any fines, civil penalties, or other liability which may be imposed by
this article or other applicable taw.
Notice to Employees: A notice shall be permanently posted on the User's
bulletin board or other prominent place advising employees whom to call in
the event of a dangerous discharge. Employers shall insure that all employees
who may cause or suffer such a dangerous discharge to occur are advised of
the emergency notification procedure.
SECTION 3 FEES
3.1 Purpose
It is the purpose of this chapter to provide for the recovery of costs from
Users of the City's wastewater disposal system for the implementation of
the program established herein. The applicable charges or fees shall be
set forth in the City's Schedule of Charges and Fees.
3.2 Charges and Fees
The City may adopt charges and fees which may include:
(a) Fees for reimbursement of costs of setting up and operating the
City's Pretreatment Program;
(b) Fees for monitoring, inspections and surveillance procedures;
(c) Fees for reviewing accidental discharge procedures and construction;
(d) Fees for permit applications;
(e) Fees for filing appeals;
(f) Fees for consistent removal of pollutants otherwise subject to
Federal Pretreatment Standards;
(g) Other fees as the City may deem necessary to carry out the requirements
contained herein.
These fees relate solely tp the matters covered by this Ordinance and are
separate from all other fees chargeable by the City.
SECTION 4 ADMINISTRATION
4.1 Wastewater Contribution Permits
4.1.1 General Permits
All significant users proposing to connect to or to contribute to the
POTW shall obtain a Wastewater Contribution Permit before connecting
to or contributing to the POTW. All existing significant users
connected to or contributing to the POTW shall obtain a Wastewater
Contribution Permit within 180 days after the effective date of this
Ordinance.
4.1.2 Permit Application
Users required to obtain a Wastewater Contribution Permit shall complete
and file with the City, an application in the form prescribed by the
City, and accompanied by a fee of $50.00. Existing users shall apply
for a Wastewater Contribution Permit within 180 days after the effective
date of this Ordinance, and proposed new users shall apply for a permit
prior to connecting to or contributing to the POTW. In support of the
application, the user shall submit, in units and terms appropriate for
evaluation, the following information:
(a) Name, address, and location, (if different from the address);
(b) SIC number according to the Standard Industrial Classification
Manual, Bureau of the Budget, 1972, as amended;
(c) Wastewater constituents and characteristics as determined by a
reliable analytical laboratory; sampling and analysis shall be
performed in accordance with procedures established by the EPA
pursuant to Section 304(g) of the Act and contained in 40 CFR,
Part 136, as amended;
(d) Time and duration of contribution;
(e) Average daily and 30 minute peak wastewater flow rates, including
daily, monthly and seasonal variations if any;
(f) Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, sewer connections, and appurtenances by the
size, location and elevation;
(g) Description of activities, facilities and plant processes on
the premises including all materials which are or could be
dischargedt
(h) Where known, the nature and concentration of any pollutants in
the discharge which are limited by any City, State, or Federal
Pretreatment Standards~ and a statement regarding whether or
not the 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 for the User
to meet applicable Pretreatment Standardst
(i) If additional pretreatment and/or O&M will be required to meet
the Pretreatment Standardst the shortest schedule by which the
User will provide such additional pretreatment. The completion
date in this schedule shall not he later than the compliance
date established for the applicable Pretreatment Standardt
The following conditions shall apply to this schedule:
(1) The schedule shall contain increments of progress in the
form of dates for the commencement and completion of major
events leading to the construction and operation of additional
pretreatment required for the User to meet the applicable
Pretreatment Standards (e.g., hiring an engineer, completing
preliminary plans, completing final plans, executing contract
for major components, commencing construction, completing
construction, etc.).
(2) No increment referred to in paragraph (1) shall exceed 9
months.
(3) Not later than 14 days following each date in the schedule
and the final date for compliance, the User shall submit a
progress report to the Utility Director including, as a
minimum, whether or not it complied with the increment of
progress to be met on such date and, if not, the date on
which it expects to comply with this increment of progress,
the reason for delay, and the steps being taken by the User
to return the construction to the schedule established. In
no event shall more than 9 months elapse between such progress
reports to the Utility Director.
(j) Each product produced by type, amount, process or processes and
rate of production~
(k) Type and amount of raw materials processed (average and maximum
per day);
(1) Number and type of employees, and hours of operation of plant and
proposed or actual hours of operation of pretreatment system;
(m) Any other information as may be deemed by the City to be necessary
to evaluate the permit application.
The City will evaluate the data furnished by the user and may require
additional information. After evaluation and acceptance of the data
furnished, the City may issue a Wastewater Contribution Permit subject
to terms and conditions provided herein.
4.1.3 Permit Modifications
Within 9 months of the promulgation of a National Categorical Pretreatment
Standard, the Wastewater Contribution Permit Of Users subject to such
standards shall be revised to require compliance with such standard within
the time frame prescribed by such standard. Where a User, subject to a
National Categorical Pretreatment Standard, has not previously submitted
an application for a Wastewater Contribution Perm/t as requied by 4.1.2,
the User shall apply for a Wastewater Contribution Permit within 180
days after the promulgation of the Applicable National Categorical
Pretreatment Standard. In addition, the User with an existing Wastewater
Contribution Permit shall submit to the Utility Director within 180
days after the promulgation of an applicable Federal Categorical
Pretreatment Standard the information required by paragraph (h) and
(i) of Section 4.1.2.
4.1.4 Permit Conditions
Wastewater Discharge Permits shall be expressly subject to all provisions
of this Ordinance and all other applicable regulations, user charges
and fees established by the City. Permits may contain the following:
(a) The unit charge or schedule of user charges and fees for the
wastewater to be discharged to a community sewer;
(by Limits on the average and maximum wastewater constituents and
characteristics;
(c) Limits on average and maximum rate and time of discharge or
requirements for flow regulations and equalization.
(d) Requirements for installation and maintenance of inspection and
sampling facilities;
(e) Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types and standards
for tests and reporting schedule;
(f) Compliance schedules;
(g) Requirements for submission of technical reports or discharge
reports;
(h) Requirements for maintaining and retaining plant records relating
to wastewater discharge as specificed by the City, and affording
City access thereto;
(i) Requirements for notification of the City or any new introduction
of wastewater constitutents or any substantial change in the
volume or character of the wastewater constitutents being
introduced into the wastewater treatment system.
(j) Requirements for notification of slug discharges;
(k) Other conditions as deemed appropriate by the City to ensure
compliance with this Ordinance.
4.1.5 Permits Duration
Permits shall be issued annually. A permit may be issued for a period
less than a year or may be stated to expire on a specific date. The
terms and conditions of the permit may be subject to modification by
the City during the term of the permit as limitations or requirements
are modified or other Just cause exists. The User shall be informed
of any proposed changes in his permit at least 30 days prior to the
effective date of change. Any changes or new conditions in the permit
shall include a reasonable time schedule for compliance.
4.1.6 Permit Transfer
Wastewater Discharge Permits are issued to a specific User for a
specific operation. A wastewater discharge permit shall not be
teassigned or transferred or sold to a new owner, new User, different
premises, or a new oF changed operation without the approval of the
City. Any succeeding owner or User shall also comply with the terms
and conditions of the existing permit.
4.2 Reporting Requirements for Permittee
4.2.1 Compliance Date Report
Within 90 days following the date for final compliance with applicable
Pretreatment Standards or, in the case of a New Source, following
commencement of the intorduction of wastewater into the POTW, any
User subject to Pretreatment Standards and Requirements shall submit
to the Utility Director a report indicating the nature and concentration
of all pollutants in the discharge from the regulated process which are
limited by Pretreatment Standards and Requirements and the average and
maximum daily flow for these process units in the User facility which
are limited by such Pretreatment Standards or Requirements. The report
shall state whether the applicable Pretreatment Standards or Requirements
are being met on a consistent basis and, if not, what additional O&M
and/or pretreatment is necessary to bring the User into compliance
with the applicable Pretreatment Standards or Requirements. This
statement shall be signed by an authorized representative of the
Industrial User, and certified to by a qualified professional.
4.2.2 Periodic Compliance Reports
Any User subject to a Pretreatment Standard, after the compliance date
of such Pretreatment Standard, or, in the case of a New Source, after
commencement of the discharge into the POTW, shall submit to the
Utility Director during the renewal month, unless required more
frequently in the Pretreatment Standard or by the Utility Director, a
report indicating the nature and concentration, of pollutants in the
effluent which are limited by such Pretreatment Standards.
4.3 Monitoring Facilities
The City shall require to be provided and operated at the User's own expense,
monitoring facilities to allow inspection, sampling, and flow measurement of
the building sewer and/or internal drainage systems. Analysis of the sample
shall be provided, at the User's own expense, by a certified laboratory in
conformance with the User's approved permit. Analysis will be performed
annually or in time period approved by the City. The monitoring facility
should normally be situated on the User's premises, but the City may, when
such a location would be impractical or cause undue hardship on the User,
allow the facility to be constructed in the public street or sidewalk area
and located so that it will not be obstructed by landscaping or parked vehicles.
There shall be ample room in or near such sampling manhole or facility to allow
.
accurate sampling a,,d preparation of 8amplea for a~..~ysis. The facility,
sampling, and measuring equipment shall be maintained at all times in a
safe and proper operating condition at the expense of the User.
When constructed on public or private property, the sampling and moni-
toring facilities shall be provided in accordance with the City's re-
quirements and all applicable local construction standards and specifi-
cations.
4.4 Inspection
The City shall inspect the facilities Of any User to ascertain whether the
purpose of this Ordinance is being met and all requirements are being com-
plied with. Persons or occupants of premises where wastewater is created
or discharged shall allow the City or their representative ready access at
all reasonable times to all parts of the premises for the purposes of in-
spection, sampling investigation, records examination or in the perform-
ance of any of their duties. The City shall have the right to set up on
the User's property such devices as are necessary to conduct sampling in-
spection, compliance monitoring and/or metePing operations. Where a User
has security measures in force which would require proper identification
and clearance before entry into their premises, the User shall make
necessary arrangements with their security guards so that upon presentat-
ion of suitable identification, personnel from the City will be permitted
to enter, without delay, for the purposes Of performing their specific
responsibilities.
4.5 Pretreatment
Users shall provide necessary wastewater treatment as required to comply
with this Ordinance and shall achieve compliance with all Federal Cate-
gorical Pretreatment Standards within the time limitations as specified by
the Federal Pretreatment Regulations. Any facilities required to pretreat
wastewater to a level acceptable to the City shall be provided, operated,
and maintained at the User's expense. Detailed plans showing the pretreat-
ment facilities and operating procedures shall be submitted to the City for
review, and shall be acceptable to the City before construction of the
facility. The review Of such plans and operating procedures will in no
way relieve the User from the responsibility of modifying the facility as
necessary to produce an effluent acceptable to the City under the provisions
of this Ordinance. Any subsequent changes in the pretreatment facilities
or method of operation shall be reported to and be acceptable to the City
prior to the User's initiation of the changes.
The City shall anually publish in the local newspaper a list of the Users
which were not in compliance With any pretreatment requirements or stand-
ards at least once during the twelve (12) previous months. The notifi-
cation shall also summarize any enforcement actions taken against the
User(s) during the same twelve months. All records relating to compliance
with Pretreatment Standards shall be made available to officials of the ErA or
Approval Authority upon request.
4.6 Confidential Information
Information and data on a User Obtained from reports, questionnaires, permit
applications, permits and monitoring programs and from inspections shall be
available to the public or other governmental agency without restriction un-
less the User specifically requests and is able to demonstrate to the satis-
faction of the City that the release of such information would divulge
information, processes or methods of production entitled to protection as
trade secrets of the User.
When requested by the person furnishing a report, the portions of a report
which might disclose trade secrets or secret processes shall not be made
available for inspection by the public but shall be made available upon
written request to governmental agencies for uses related to this Ordinance~
the National Pollutant Discharge Elimination System (NPDES) Permit, State
Disposal System permit and/or the Pretreatment Programs; provided, however,
that such portions ofareport shall be available for use by the State or any
state agency in Judicial review or enforcement proceedings involving the
person furnishing the report. Wastewater constituents and characteristics
will not be recognized as confidential information.
Information accepted by the City as confidential, shall not be transmitted
to any governmental agency or to the general public by the City until and
unless a ten-day notification is given to the User.
SECTION 5 ENFORCEMENT
5.1 Harmful Contributions.
The City may suspend the wastewater treatment service and/or a Wastewater
Contribution Permit when such suspension is necessary, in the opinion of the
City, in order to stop an actual or threatened discharge with presents or
may present an imminent or substantial endangerment to the health or welfare
of persons, to the environment, causes Interference to the POTW or causes the
City to violate any condition of its NPDES Permit.
Any person notified of a suspension of the wastewater treatment service and/or
the Wastewater Contribution Permit shall immediately stop or eliminate the
contribution. In the event of a failure of the person to comply voluntarily
with the suspension order, the City shall take such steps as deemed necessary
including immediate severance of the sewer connection, to prevent or minimize
damage to the POTW system or endangerment to any individuals. The City shall
reinstate the Wastewater Contribution Permit and/or the wastewater treatment
service upon proof of the elimination of the non-complying discharge. A
detailed written statement submitted by the User describing the causes of the
harmful contribution and the measures taken to prevent any future occurrence
shall be submitted to the City within 15 days of the date of occurrence.
5.2 Revocation of Permit
Any User who violates the following conditions of this Ordinance, or
applicable state and federal regulations, is subject to having his permit
revoked in accordance with the procedures of Section 5 of this Ordinance:
(a) Failure of a User to factually report the wastewater constituents and
characteristics of his discharge;
(b) Failure of the User to report significant changes in operations, or
wastewater constituents and characteristics;
(c) Refusal of reasonable access to the User's premises for the purpose
of inspection or monitoring; or,
(d) Violation of conditions of the permit.
5.3 Notification of Violation
Whenever the City finds that any User has violated or is violating this
Ordinance, wastewater contribution permit, or any prohibition, limitation of
requirements contained herein, the City may serve upon such person a w-fitten
notice stating the nature of the violation. Within 30 days of the date of
the notice, a plan for the satisfactory correction thereof shall be submitted
to the City by the User,
5.4 Show Cause Hearing
5.4.1
THe City may order any User who causes or allows an unauthorized
discharge to enter the POTW to show cause before the City Commission
why the proposed enforcement action should not be taken. A notice
shall be served on the User specifying the time and place of a hearing
to be held by the City Commission regarding the violation, the reasons
why the action is to be taken, the proposed enforcement action, and
directing the User to show cause before the City Commission why the
proposed enforcement action should not be taken.
5.4.2
The City Commission may itself conduct the hearing and take the evidence,
or may designate any of its members or any officer or employee of the
City, or it may refer the matter to the City Code Enforcement Board to:
(a) Issue in the name of the City Commission notices of bearings
requesting the attendance and testimony of witnesses and the
production of evidence relevant to any matter involved in such
bearings;
(b) Take the evidence;
(c) Transmit a report of the evidence and hearing, including
transcripts and other evidence, together with recommendations
to the City Commission for action thereon.
5.4.3
After the City Commission has reviewed the evidence, it may issue an
order to the User responsible for the discharge directing that,
following a specified time period, the sewer service be discontinued
unless adequate treatment facilities, devices or other related
appurtenances shall have been installed on existing treatment facilities,
devices or other related appurtenances are properly operated. Further
orders and directives as are necessary and appropriate may be issued.
5.5 Legal Action
If any person discharges sewage, industrial wastes or other wastes into the
city's wastewater disposal system contrary to the provisions of this Ordinance,
Federal or State Pretreatment Requirements, or any order of the City, the
City Attorney may commence an action for appropriate legal and/or equitable
relief in the Court of this county.
SECTION 6 PENALTY: COSTS
6.1 Civil Penalties
Any User who is found to have violated an Order of the City Commission or
who willfully or negligently failed to comply with any provision of this
Ordinance, and the orders, rules, regulations and permits issued hereunder,
shall be fined not less than One Hundred Dollars nor more than One Thousand
Dollars for each offense. Each day on which a violation shall occur or
continue shall be deemed a separate and distinct offense. In addition to
the penalties provided herein, the City may recover reasonable attorneys'
fees, court costs, court reporters' fees and other expenses of litigation
by appropriate suit at law against the person found to have violated this
Ordinance or the orders, rules, regulations, and permits issued hereunder.
6.2 Falsifying Information
Any person who knowingly makes any false statements, representation or
certification in any application, record, report, plan or other document
filed or required to be maintained pursuant to this Ordinance, or Wastewater
Contribution Permit, or who falsifies, tampers with, or knowingly renders
inaccurate any monitoring device or method required under this Ordinance,
shall, upon conviction, be punished by a fine of not more than One Thousand
Dollars or imprisonment for not more than six months, or by both.
SECTION 7 SEVERABILITY
If any provision, paragraph, word, section or article of this Ordinance is
invalidated by any court of competent jurisdiction, the remaining provisions,
paragraphs, words, sections, and chapters shall not be affected and shall
continue in full force and effect.
SECTION 8 CONFLICT
All other Ordinances and parts of other Ordinances inconsistent or conflicting
with any part of this Ordinance are hereby repealed to the extend of such
inconsistency or conflict.
SECTION 9 EFFECTIVE DATE
This Ordinance shall become effective immediately upon its passage and adoption.
PASSED AND ADOPTED this t4th day of January 1985.
ATTE ST: --
d f
CERTIFICATE
I, H. N. Tamm, Jr., City Clerk of the City of San-
ford, Florida, do hereby certify that a true and correct
copy of the foregoing Ordinance No. 1735, PASSED and ADOPTED
by the City Commission of the City of Sanford, Florida, on
the 14th day of January, 1985, was POSTED at the front door
of the City Hall in the City Of Sanford, Florida, on the
15th day of January, 1985.
City of Sanford, Florida
:,"'~
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION
BOB GRAHAM
TWIN TOWERS OFFICE BUILDING GOVERNOR
2600 BLAIR STONE ROAD
TALLAHASSEE, FLORIDA 32301-8241 VICTORIA J. TSCHINKEL
SECRETARY
February 26, 1985
Mr. Warren Knowles
City Manager
Post Office Box 1778
Sanford, Florida 32771
Re: 586110 (Step 2+3) - Sanford
Treatment Facilities
Dear Mr. Knowles:
The Department of Environmental Regulation has reviewed the sewer use
ordinance submitted on December 21, 1984. The document submitted indicates
that the city has developed a sewer use ordinance that satisfies the
requirements of 40 CFR 35.2130. J Therefore, the sewer use ordinance for the
City of Sanford is approved.
One copy of the approved document is being returned to you and must be kept
with other approved documents in your possession.
If you have any questions regarding this approval, please call Juanitta
Bader at 904/488-8163.
Sincerely,
Richard W. Smith, P.E., Chief
Bureau of Wastewater Management and Grants
RWS/jba
Enclosure
cc: Honorable Lee P. Moore - Mayor, Sanford
Mike Deverall, ~.E. - Conklin, Porter & Holmes, Engineers, Inc.
George Prinsen - DER/Orlando
Protecting Florida and Your Quality of Life