4315 Sewer-Discharge RegulationsOrdinance No. 2014 -4315
An ordinance of the City of Sanford, Florida relating to the
regulation of wastewater and wastewater discharges into the
City's sewer system; providing for the substantial amendment
and revision of Chapter 102, Article IX of the City Code relating
to sewer use and discharge regulations; providing for
legislative findings and intent; providing for implementing
administrative actions; providing for penalties and
enforcement; providing for conflicts; providing for a savings
provision; providing for codification; providing for severability
and providing for an effective date.
Be It Enacted By The People Of The City Of Sanford, Florida:
Section 1. Legislative findings and intent.
(a). The City Commission of the City of Sanford hereby adopts and
incorporates into this Ordinance the City staff report and City Commission
agenda memorandum relating to this Ordinance.
(b). It is not the intent of the City Commission to, in any way, conflict
with controlling Federal or State law.
(d). The City of Sanford has complied with all requirements and
procedures of Florida law in processing and advertising this Ordinance.
Section 2. Substantial revision of, and amendment to, Chapter 102,
Article IX of the City Code. Chapter 102, Article IX of the City Code of the City
of Sanford, Florida is substantially revised and amended to read as follows (no
legislative coding will be used for the ease of the reader and the reader may refer
to the current codified language for the purposes of comparison. Inasmuch as the
text is in the codified form use by the Municipal Code Corporation, the normative
City style of drafting ordinances (such as capitalization of terms such as "State"
and "City" and the like) have not been utilized.):
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CHAPTER 702
ARTICLE IX
DIVISION 7, — GENERALLY
Sec, 702257. - Purpose; scope.
(a) The purpose of this article is to set forth uniform requirements for users of
the wastewater facility of the city and enable the city to comply with all applicable
state laws and rules including, but not limited to, chapter 62_625, Florida
Administrative Code (F.A.C.), federal laws including, but not limited to, the Clean
Water Act (33 United States Code 1251 et seq.) and the General Pretreatment
Regulations (Title 40' of the Code of Federal Regulations (CFR) Part 403).
(b) The objectives of this article are to:
(1) Prevent the introduction of pollutants into the wastewater facility that will
interfere with its operation;
(2) Prevent the introduction of pollutants into the wastewater facility that will
pass through the wastewater facility, inadequately treated, into receiving waters,
or otherwise be incompatible with the wastewater facility;
(3) Protect both wastewater facility personnel who may be affected by
wastewater and sludge in the course of their employment and the general public;
(4) Promote reuse and recycling of industrial wastewater and biosolids from
the wastewater facility; and
(5) Provide for fees for the equitable distribution of the cost of operation,
maintenance, and improvement of the wastewater facility; and
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(6) Enable the city 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 wastewater facility is subject.
(c) This article shall apply to all users of the city's wastewater facility. This
article:
(1) Authorizes the issuance of wastewater discharge permits;
(2) Provides for monitoring, compliance, and enforcement activities;
(3) Establishes administrative review procedures, requires user reporting; and
(4) Provides for the setting of fees for the equitable distribution of costs
resulting from the program established herein.
(d) Except as otherwise provided herein, the city manager or designee shall
administer, implement and enforce the provisions of this article. Any powers
delegated or granted to, or duties or responsibilities imposed upon the director,
may be delegated by the director to other city personnel.
(e) It is unlawful for a person to fail to comply with or violate the provisions of
this section.
Sec. 102 -252. - Definitions.
(a) . The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
Abnormal strength wastes means wastes having a CBOD above 300
milligrams per liter, or any waste containing fats, waxes, grease or oil in excess
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of 200 milligrams per liter or suspended solids in excess of 300 milligrams per
liter.
Act or the Act means the Federal Water Pollution Control Act, also known
as the Clean Water Act, as amended, 33 USC § 1251 et seq., or as amended in
the future. The Act provides statutory authority for both NPDES and pretreatment
programs.
Administrative action means an enforcement action authorized by the
control authority's legal authority, which is taken without the involvement of a
court.
Administrative fine means a punitive monetary charge unrelated to actual
treatment costs which is assessed by the control authority rather than a court.
Administrative order (AO) means a document, which orders the user
(violator) to perform a specific act or refrain from an act. The order may require
users to attend a show cause meeting, cease and desist discharging, or
undertake activities pursuant to a compliance schedule.
Aliquot means a liquid portion of a sample.
Approval authority means the state department of environmental
protection or FDEP.
Approved means an acceptance by the city as meeting or complying with
applicable requirements or specifications as set forth cited in this article; or
suitable for the proposed use or application.
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Authorized city personnel means individuals that have been authorized or
approved by the city manager or designee to perform specific tasks or to execute
certain job descriptions or scope of services.
Authorized or duly authorized representative of the user means:
(1) If the user is a corporation:
a. The president, secretary, treasurer, or a vice president of the
corporation in charge of a principal business function, or any other person who
performs similar policy or decision - making functions for the corporation; or
b. The manager of one or more manufacturing, production or
operation facilities, provided the manager is authorized to make management
decisions that govern the operation of the regulated facility including having the
explicit or implicit duty of making a major capital investment recommendation,
and initiate and direct other comprehensive measures to assure long term
environmental compliance with environmental laws and regulations; can ensure
that the necessary system are established or actions taken to gather complete
and accurate information for individual wastewater discharge permit
requirements if the appropriate corporate authority has been assigned or
delegated to the manager in accordance with corporate procedures.
(2) If the user is a partnership or sole proprietorship: a general partner
or proprietor, respectively.
(3) If the user is a federal, state, or local governmental facility: a
director or highest official appointed or designated to oversee the operation and
performance of the activities of the government facility, or their designee.
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(4) The individuals described above, may designate a duly authorized
representative if the authorization is in writing and is submitted to the city. The
authorization specifies the individual or position responsible for the overall
operation of the facility from which the d discharge originates or having overall
responsibility for environmental matters for the company.
Baseline monitoring r. eport BMR means a report submitted by categorical
industrial users (CIUs) within 180 days after the effective date of an applicable
categorical standard, or at least 90 days prior to commencement of discharge for
new sources, which contains specific facility information, including flow and
pollutant concentration data. For existing sources, the report shall also certify as'
to the compliance status of the facility with respect to the categorical standards.
Best management practice (BMP) means schedules of activities,
prohibitions
or practices, maintenance
procedures,
and
other management
practices to
prevent or reduce pollution
discharges
listed
in Sec. 102 --271. -
General discharge prohibitions. BMPs include treatment requirements, operating
procedures, and practices to control plant site runoff, spills or leaks, biosofids or
waste disposal, or drainage from raw material storage.
Best management practice plan (BMPP) means a plan prepared by a user
describing the operational methodology to minimize the amount of wastes from
production and to handle the resultant wastes in an environmentally sound and
efficient manner.
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Best professional judgment means the highest- quality technical opinion of
a permit writer, after consideration of all reasonably available and pertinent data
or information, forming the basis for the terms and conditions of a permit.
Biochemical oxygen demand (BOD) means the quantity of oxygen utilized
in the biochemical oxidation of organic matter under standard laboratory
procedures for 5 days at 20 degrees Celsius, expressed usually as a
concentration.
Biohazardous waste means waste from biological source that may be
hazardous to living organisms. Waste can be physical, biological or chemical in
nature.
Biosolids means primarily organic solids that are produced by wastewater
treatment processes and can be beneficially recycled. Refer to residual or
sludge.
Blowdown means the discharge from boilers or cooling towers that contain
high concentrations of accumulated dissolved solids.
Building drain means that part of the lowest horizontal piping of a drainage
system, which receives the discharge from soil, waste and other drainage pipes
inside the walls of the building and conveys it to the building sewer, being 5 feet
outside the inner face of the wall.
Building sewer or lateral means the extension from the building drain to
the public sewer or other place of disposal.
Bypass means the intentional diversion of wastewater streams from any
portions of a user's pretreatment facility.
Capacity cost means that cost which is related to the overall scale of the
sewer system and does not vary as the actual level of use of the system varies.
Carbonaceous biochemical oxygen demand (CBOD) means a measure of
the oxygen required to oxidize all compounds, both organics and inorganics,
usually expressed in terms of concentration.
Categorical industrial users pUs) means industries subject to a
pretreatment standard or categorical standard.
Categorical pretreatment standards or categorical standards means any
regulation containing pollutant discharge limits or quantities of pollutants which
are discharged to the VWVFs, promulgated by EPA in accordance with section
307(b) and (c) of the Act 33 USC and 1317 which apply to a specific category of
users and which appear in 40 CFR chapter 1, subchapter N, parts 405471,
adopted by reference in F.A.C. ch. 62 -625.
Cease and desist order means an administrative order directing a user to
immediately halt illegal or unauthorized discharges.
Certified laboratory means a laboratory registered with the State of Florida
Department of Health (DOH) as an environmental laboratory and certified by the
DOH to meet national environmental laboratory accreditation program (NELAP)
standards for the specific matrix /test method /analyte combination. Samples shall
be analyzed in accordance with procedures set forth in 40 CFR 136 and F.A.C,
ch. 62 -160, including the Florida Department of Environmental Protection (FDEP)
Standard Operating Procedures for Field Activities, as may be amended from
time -to -time.
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Chain of custody means written record of sample possession for all
persons who handle (collect, transport, analyze and dispose of) a sample,
including the names, dates, times, and procedures followed.
Chemical oxygen demand (COD) means the laboratory determination of
the oxygen equivalent expressed in milligrams per liter (mg /L) of that portion of
the organic /inorganic matter that is susceptible to oxidation by the standard
dichromate reflux method. The COD shall be determined in accordance with
procedures set forth in the latest edition of Standard Methods.
Chronic violations means violations in which 66 percent or more of
wastewater measurements taken during a 6 -month period exceed the local
pollutant limit for the same pollutant parameter by any amount.
City means the City of Sanford and authorized city personnel. The city
manager shall have overall administrative powers and control under the
provisions of this article. The city manager may delegate any action,
responsibility or power set forth in this article to the director or such other city
personnel as deemed appropriate by the city manager.
Combined sewer means a sewer receiving both wastewater and runoff
from land or surface (stormwater runoff).
Combined waste stream formula (CWF) means the procedure for
calculating alternative discharge limits at industrial facilities where a regulated
waste stream from a categorical industrial user is combined with other waste
streams prior to treatment.
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Commercial means classical commercial properties and establishments
served by the city's wastewater system.
Commercial user means any person owning an establishment offering
lodging, selling goods, either at retail or wholesale, or offering services for sale.
Common oil and grease interceptor means an interceptor which receives
oil and grease wastes from more than a single facility with different operators
(owners) or type of activities.
Compatible constituent or pollutant means carbonaceous biochemical
oxygen demand, chemical oxygen demand, oil and grease, suspended solids,
PH, ammonia, nitrite /nitrate total Kjeldahl nitrogen, total phosphorus and fecal
bacteria, plus any additional pollutants identified in the city's NPDES or FDEP
permit(s), where the wastewater facility is capable of treating such pollutants,
does treat such pollutants, and in fact, does treat such pollutants to the degree
required by the aforementioned permits.
Compliance order means an administrative order directing a
noncompliance user to achieve or to restore compliance by a date specified in
the order.
Compliance schedule means a schedule of required remedial activities
(also called milestones) necessary for an industrial user to achieve compliance
with all pretreatment program requirements. Compliance schedule may be set
forth in the industrial user discharge permit, consent order or other enforcement
documents.
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Composite sample means a mixture of discrete grab samples or aliquots
taken at the same location, but at different times; and which will reflect average
water quality at that monitoring location for the given sample interval. Composite
samples can be collected on a flow proportional or time proportional basis.
Concentration limit means a limit based on the mass of pollutant per unit
volume, usually expressed in milligrams per liter (mg /1).
Consistent removal means the average of the lowest 50 percent of the
removal efficiencies that are determined for a user or pretreatment facility in
accordance with F.A.C. ch. 62- 625.420(2).
Contaminant means any physical, chemical, or radiological substance,
microorganisms, wastes or wastewater introduced into a flow of water in a
concentration that renders the water unsuitable for its intended use.
Control authority means the city manager or designee who administers the
pretreatment program as approved by the approval authority pursuant to the
provisions of 40 CFR 403.12(a) and F.A.C. ch. 62- 625,510.
Control manhole means a manhole installed by the user at the user's
expense to facilitate observation, sampling and testing of the process
wastewater.
Cooling water means the water discharged form any use such as air
conditioning, cooling of refrigeration, or to which the only pollutant added is heat.
Customer means any person, firm or corporation, or government that is
the actual user of the city sewer /wastewater system.
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Daily maximum. The arithmetic average of all effluent samples for a
pollutant collected during a calendar day.
Daily maximum limit means the maximum allowable discharge of a
pollutant during a calendar day, expressed either in units of mass or as the
arithmetic average measurement of concentration for all measurements within
the 24 -hour period.
Developed property means any parcel or land that has been, or is about to
be, improved to the extent that municipal water and sewer necessary prior to its
utilization.
Developer means an owner, or agent of the owner, in the process of the
commercial utilization of any land including, but not limited to, subdivisions, which
shall have the legal right to negotiate for municipal water and sewer service.
Development means a parcel of land, including subdivisions, being
commercially improved to the extent that municipal water and sewer service is
necessary prior to its utilization.
Dilute waste stream means, for purposes of the combined waste stream
formula, the average daily flow (at least a 30 -day average) from:
(1) Boiler blowdown streams, noncontact cooling streams, stormwater
streams, and demineralized backwash streams; provided, however, that where
such streams contain a significant amount of a pollutant, and the combination of
such streams, prior to treatment, with an industrial user's regulated process
waste stream(s) will result in a substantial reduction of that pollutant, the control
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authority, upon application of the industrial user, may exercise its discretion to
determine whether such stream(s) should be classified as diluted or unregulated;
(2) Sanitary waste streams where such streams are not regulated by a
categorical pretreatment standard; or
(3) From any process waste streams which were, or could have been,
entirely exempted from categorical pretreatment standards pursuant to
paragraph 8 of the NRDC v. Costle consent decree (12 ERC 1833) for one or
more of the following reasons (see appendix D of 40 CFR part 403):
a. The pollutants of concern are not detectable in the effluent from the
industrial user;
b. The pollutants of concern are present only in trace amounts and are
neither causing, nor likely to cause, toxic effects;
C. The pollutants of concern are present in amounts too small to be
effectively deducted by technologies known to the EPA administrator or approval
authority; or
d. The waste stream contains only pollutants which are compatible
with the VVVVF.
Direct~ discharge means introduction of pollutants directly into the waters of
the state.
Director means the director of the city's utility department, by whatever
name, functioning as the director of the wastewater works or pollution control
systems of the city. All authority and action performed by the director under this
article shall be performed subject to the consent of, and delegation by, the city
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manager. When the phrases "by the city," "to the city" or other similar phrases
are used in this article, said actions or activities shall be accomplished by the
director unless otherwise delegated by the city manager.
Discharge means the introduction of pollutants into the WWF by any
nondomestic source that is subject to the regulations of F.S. ch. 403.
Discharge monitoring report means the form for reporting the results of
self - monitoring activities with an industrial user discharge permit.
Dissolved solids means the total amount of dissolved material, organic
and inorganic, contained in water or wastes.
District means the entire sanitary wastewater collection service area
served by the system owned and operated by the city, both inside and outside
the corporate limits of the city,
Domestic user means all persons owning residential dwellings which
discharge primarily domestic wastes or wastes from sanitary conveniences.
Domestic wastewater means the wastes produced from noncommercial or
nonindustrial activities, and which result from normal human living processes,
which are of substantially similar origin and strength to those typically produced
in households.
Duplicate sample means two samples or aliquots collected at the same
time from the same locations.
Dwelling, multiple means a building designed for, or occupied exclusively
by two or more families.
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Dwelling or unit, single - family, means a building designed for or occupied
exclusively by one family.
Effluent means a discharge of pollutants into the environment, partially or
completely treated or in its natural state.
Environmental Protection Agency (EPA) means 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 such agency.
Equivalent residential unit (ERU) means equal to the average daily flow of
a single - family residence, which is 300 gpd.
Existing source means any source of discharge, the construction or
operation of which commenced prior to the publication by EPA of proposed
categorical pretreatment standards, which will be applicable to such source if the
standard is thereafter promulgated in accordance with section 307 of the Act.
Florida Administrative Code (F.A.C.) means the codification of
administrative rules to implement legislation enacted by the state.
Florida Department of Environmental Protection (FDEP) means the state
agency that administers the regulations pertaining to the environment in the
state. FDEP is the approval authority for pretreatment programs in the state.
Flow proportional composite sample means a sampling method, which
combines discrete sample aliquots collected over time that are based upon the
flow of the waste stream being sampled. There are two methods used to collect
this type of sample. One method collects a constant sample volume at time
intervals that vary based on the flow. That is, a 200 - milliliter (ml) sample is
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collected for every 5,000 gallons of flow (discharge). The other method collects
aliquots of varying volume that is based on the flow with a constant time interval,
Flow Weighted average formula means a procedure to calculate
alternative limits where water streams that are regulated by a categorical
pretreatment standard and nonregulated waste streams are combined after
treatment but prior to the monitoring location.
Flow-by availability charge means a minimum monthly charge imposed on
an owner, resident or tenant of a property not connected to the city sewer system
but which property has city sewer within 100 feet of the property and who has
had one year in which to connect but has not. The flow -by availability charge is
the cost to the city to provide the capability to provide sewer collection, treatment,
and disposal capacity to the property.
Food court means a designated area in shopping centers or amusement
parks where food preparation establishments with different operators (owners)
share seating space or plumbing facilities.
Food service facility means any establishment, which prepares (cuts,
cooks, and bakes) or serves food to the general public, and which disposes of
food related wastewater.
Force main means a pressure pipe connected to the pump discharge of a
wastewater pumping station.
Garbage means solid waste from the domestic and commercial
preparation, cooking and dispensing of food and from the handling, storage and
sale of produce.
Garbage grinder or disposal means an electric device that shreds solids or
semisolid waste materials, generally food related, into smaller portions.
Generator means a user, by site or facility, who produces wastes from the
said user's process operation. The generator is responsible for disposal of the
produced wastes in accordance with applicable federal, state and local laws,
rules and regulations.
Governmental user means any user who represents some function of
local, regional, state or federal government, and who discharges primarily
segregated domestic waste or waste from sanitary conveniences.
Grab sample means 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 (not to exceed 15 minutes).
Hauled wastes means any wastes that are delivered to the WRIF by truck
or rail car.
Hauler refers to transporter.
Hazardous waste means a solid or liquid waste, or combination of solid or
liquid wastes, which because of its quantity, concentration, or physical, chemical,
or infectious characteristics:
(1) Causes, or significantly contributes to, an increase in mortality or an
increase in serious irreversible, or incapacitating reversible, illness; or
(2) Poses a substantial present or potential hazard to human health or
the environment when improperly treated, stored, transported, or disposed or,
otherwise managed; or
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(3) Meets at least one of the following four conditions:
a. Exhibits a characteristic of a hazardous waste as defined in 40
CFR, 261.20 -262.24; or
b. Listed as a hazardous substance in 40 CFR, 261.31 -- 261.33; or
C. Is a mixture containing a listed hazardous waste and a
nonhazardous solid waste, unless the mixture is specifically excluded or no
longer exhibits any of the characteristics of hazardous waste; or
d. Not excluded from regulation as a hazardous waste.
Holding tank waste means any waste from holding tanks such as, but not
limited to, vessels, aircraft, chemical toilets, campers, trailers, septic tanks and
vacuum -pump tank trucks.
Incompatible pollutant means any pollutant that is not defined as a
compatible pollutant, including nonbiodegradable dissolved solids.
Incompatible pollutant means all pollutants other than "compatible
pollutants" as defined previously in this section. More specifically, it shall mean
any pollutant other than CBOD, suspended solids, pH, and fecal coli form
bacteria or additional pollutants identified in the wastewater facility NPDES or
FDEP permit(s) to discharge, which the wastewater treatment facilities were not
designated to treat or do not remove to an acceptable degree.
Indirect discharge means the discharge or the introduction of pollutants
into the WWF from any nondomestic source regulated under Section 307 (b), (c)
or (d) of the Act, including holding tank waste discharged into the system.
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Indirect discharge means the introduction of pollutants into the wastewater
facility from any nondomestic source regulated under section 307 (b), (c), or (d)
of the Act, including holding tank discharge into the system.
Industrial user means any user of the wastewater facility identified in the
Standard Industrial Classification Manual, 1972, Office of Management and
Budget, United States government, as amended and supplemented, under the
following divisions: A, B, D, E or 1. A user in the divisions listed in this definition
may be placed in the commercial user class if it is determined that it will
introduce primarily segregated .domestic wastes, 'or has less flow than required
under the industrial classification.
Industrial user means any user of wastewater facility identified in the
Standard Industrial Classification Manual, current edition, United States Office of
Management and Budget, that is a source of indirect discharge of industrial
wastewater which does not constitute a discharge of pollutants under regulations
issued pursuant to section 402 of the Act (Title 33 USC, Section 1342).
Industrial user discharge permit means a permit issued to an industrial
user by the city that authorizes the discharge of industrial wastewater to the
public sewer system. This permit may set certain conditions and/or restrictions to
this discharge.
Industrial wastes means the liquid and solid wastes discharged into
wastewater system from industrial manufacturing processes, trade or business
as distinct from domestic wastewater.
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Industrial wastes means any solid, liquid or gaseous waste resulting from
any process, or the excess energy of industry, manufacturing, trade or business,
or from the development, processing or recovery as distinct from domestic
wastewater.
Industrial wastewater discharge permit means a permit issued to an
industrial user by the city, which authorizes the discharge of industrial
wastewater to the public sewer system. This permit may set certain conditions
and restrictions on this discharge.
Infiltration means the water unintentionally entering the public sewer
system, excluding water from sanitary building drains and sewers, from the
ground, through means such as, but not limited to, defective pipes, pipe joints,
connections or manhole walls. Infiltration does not include, and is distinguished
from, inflow.
Infiltration and inflow means the total quantity of water from both infiltration
and inflow, without distinguishing the source.
Inflow means the water discharged into a sanitary sewer system including,
but not limited to, building drains and sewers, from sources such as but not
limited to roof leaders, cellar, yard and area drains, foundation drains, unpolluted
cooling water discharges, drains from springs and swampy areas, manhole
covers, cross connections from storm sewers or combined sewers, catch basins,
stormwater, surface runoff, street wash waters or drainage. Inflow does not
include, and is distinguished from, infiltration.
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Influent means water, wastewater, or other liquid flowing into a tank,
basin, treatment process, or treatment facility.
Instantaneous maximum allowable discharge limit means the maximum
concentration of a pollutant allowed to be discharged at any time, determined
from the analysis of any discrete or composite sample collected, independent of
the industrial flow rate and the duration of the sampling event.
Integrated sample means a mixture of discrete grab samples taken from
different locations at the same time or within a specified time interval. Typically,
integrated samples are used to evaluate the average composition or total loading
for combined waste streams; or to represent various points in a waste stream
cross - section, which are mixed proportional to their relative flow rates or
volumes.
Interference means a discharge which, alone or in conjunction with a
discharge or discharges from other sources, both:
(1) Inhibits or disrupts the wastewater facility, its treatment processes
or operations, or its sludge processes, use or disposal; and
(2) Therefore is a cause of a violation of any requirement of the
wastewater facility's NPDES permit (including an increase in the magnitude or
duration of a violation) or of the prevention of sewage sludge use or disposal in
compliance with the following statutory provisions and regulations or permits
issued thereunder (or more stringent state or local regulations); section 405 of
the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including title Il,
more commonly referred to as the Resource Conservation and Recovery Act
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(RCRA), and including state regulations contained in any state sludge
management plan prepared pursuant to subtitle D of the SWDA), the Clean Air
Act, the Toxic Substances Control Act and the Marine Protection, Research and
Sanctuaries Act.
Lateral means the service line from the public sewer, or other place of
disposal, to a point 5 feet outside the building wall.
Local pollutant means a pollutant, as identified in subsection 86- 111(d),
which may be subject to regulation and restrictions for discharge to the public
sewerage system.
Local pollutant limit means a discharge standard for users of the
wastewater facility in order to achieve the purposes of this article.
Lower explosive limit (LEL) means the lowest percent by volume of a
mixture that will propagate a flame at 25 degrees Celsius and atmospheric
pressure.
Mass emission rate means the weight of material discharged to the WWE=
during a given time interval, in pounds per day for the constituent or combination
of constituents in question.
Maximum allowable concentration means the maximum permitted amount
of a specified pollutant in a volume of water or wastewater, expressed in units of
mass per unit of volume, such as milligrams per liter (mg/1).
Measurement means the ability of an analytical method or protocol to
quantify and identify the presence of a substance, flow or volume, expressed in
units of mass per unit of volume, such as milligrams per liter (mg/1).
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Medical waste means 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.
Minor user means any nonresidential user of the city's wastewater facility
which has:
(1) Discharge flow of 10,000 gallons or more per day during any day of
any calendar year;
k2) A discharge containing one or more abnormally high - strength non
compatible pollutants; or
(3) A discharge, which has been found by the city manager or
designee, or FDEP to potentially have a significant impact, either singly or in
combination with other contributing users, on the city's wastewater system. Such
as, but not limited to, photo processing, doctors offices, dry cleaners,
Multifamily dwelling and duplex means a multiple- dwelling unit of two or
more units served by the city's WWF.
National categorical pretreatment standard means any regulation
containing pollutant discharge limits promulgated by the EPA in accordance with
sections 307(b) and (c) of the Act (33 USC 1347), which applies to a specific
category of industrial users.
National pollutant discharge elimination systems (NPDES) permit means a
permit issued to a WWF which discharges to surface waters pursuant to sections
307, 318, 402 and 405 of the Act (33 USC 1342).
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National prohibited discharge standard or prohibited discharge standard
means any regulation developed under the authority of section 307 (b) of the Act,
40 CFR 403.5 and F.A.C. ch. 62- 625.400.
Natural outlet means any outlet into a watercourse, pond, ditch, lake or
other body of surface water or groundwater.
New source means:
(1) Any building, structure, facility or installation from which there is or
may be a discharge of pollutants, the construction of which commenced after the
publication of proposed pretreatment standards under section 307(c) of the Act
which will be applicable to such source if such standards are
thereafter promulgated in accordance with that section, provided that:
a. The building, structure, facility or installation is constructed at a site
at which no other source is located;
b. The building, structure, facility or installation totally replaces the
process or production equipment that causes the discharge of pollutants at the
existing source; or
C. The production or wastewater generating processes of the building,
structure, facility or installation is substantially independent of an existing source
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 should be considered.
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(2) 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 this definition
but otherwise alters, replaces or adds to existing process or production
equipment.
(3) Construction of a new source as defined under this paragraph has
commenced if the owner or operator has:
a. Begun, or caused to begin as part of a continuous onsite
construction program:
or
1. Any placement, assembly, or installation of facilities or equipment;
2. 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
b. 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 paragraph.
Ninety -day compliance report means a report submitted by a categorical
industrial of applicable categorical standards; or in the case of a new source,
after commencement of the discharge to the wastewater facility; that documents
and certifies the user, within 90 days following the date for final compliance with
25111a Li. e
compliance status of the user in accordance with 40 CI=R 403.12(d) and F.A.C.
ch. 62- 625.600.
Noncontact cooling water means water used for cooling which does not
come into direct contact with any raw material, intermediate product, waste
product, or finished product.
Non - significant categorical industrial user means an industrial user that
discharges 100 gallons per day (gpd) or less of total categorical wastewater
(excluding sanitary, non- contact cooling and boiler blowdown wastewater, unless
specifically included in the pretreatment standard) and:
(1) Has consistently complied ' with all applicable categorical
pretreatment standards and requirements;
(2) Annually submits the certification statement required in Subsection
62.15 625.600(17), F.A.C., together with any additional information necessary to
support the 16 certification statement; and
(3) Never discharges any untreated categorical process wastewater.
Normal domestic sewage means equivalent to domestic sewage having
200 parts per million or milligrams per liter each of BOD and suspended solids.
Notice of violation (NOV) means a control authority document notifying an
industrial user that it has violated pretreatment standards and requirements. An
NOV is generally used when the violation is relatively minor and the control
authority expects the violation to be corrected within a short period of time.
NPDES permit means the permit issued to the sewage works under the
national pollutant discharge elimination system for discharge of wastewaters to
26 111 a i, c
the navigable waters of the United States pursuant to section 402 of the Federal
Water Quality Act Amendments of 1972, Public Law 92 -500, as amended.
Oil and grease means materials, either liquid or solid, that are composed
primarily of fatty matter from animal or vegetable sources or petroleum -based
hydrocarbons.
Oil and grease discharger means any nonresidential user discharging oil
and grease products from animal, vegetable or petroleum sources, such as, but
not limited to, automotive- related establishments and food- related
establishments.
Oil and grease interceptor means a city - approved device that is designed
for flows in excess of 50 gpm, constructed to separate, trap and hold oil and
grease substances from animal or vegetable sources that are present in the
discharge from users of the city's WWF, and installed outside of the building. The
purpose of the interceptor shall be to prevent oil and grease from entering the
city wastewater system.
Oil and grease trap means a device designed for flows less than 50
gallons per minute. This device is installed inside the building to separate and
retain grease from the normal sewage flows while allowing the balance of the
liquid waste to discharge to the collection system by gravity. The "under- the - sink"
type of grease interceptor shall be construed as meeting the definition of grease
trap.
Oil and water separator means a city - approved device designated and
constructed to separate, trap and retain oil and grease substances derived from
2711)a(je
petroleum -based hydrocarbons that are found in the discharge from users of the
city wastewater system. The purpose of the separator is to prevent petroleum -
based hydrocarbons from entering the city wastewater system and to improve
the safety of said system for both city personnel and the general public.
Operation and maintenance costs means the cash expended for normal
operating and maintenance expenses including, but not limited to, wages,
supplies and materials, fuels, insurance, services and the like.
Other wastes means garbage, refuse, wood residues, sand, lime, cinders,
ashes, offal, night soil, silt, oil, tar, dyestuffs, acids, chemicals and any and all
other substances, not sewage or industrial waste, whose discharge may cause
pollution or problems to the physical facilities or operation of the sewage
collection or treatment systems.
Outfall means the mouth of a sewer, drain or conduit where an effluent is
discharged into the receiving waters.
Overload means the imposition of any constituent or hydraulic (flow)
loading on the components of the wastewater facility in excess of the design or
authorized (approved) capacity.
Oversized sewer means a sewer extension in, through or past a
development, which, because of anticipated future extension or other reasons, is
of larger diameter pipe than required to serve the immediate development.
Parcel means a lot or premises serviced by one or more water meter(s)
and served, or eligible to be served, with a single connection to the public sewer,
281Pa�e:.
Passthrough means a discharge which exits the wastewater facility into
waters of the United States in quantities or concentrations which, alone or in
conjunction with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the wastewater facility's NPDES permit (including,
but not limited to, an increase in the magnitude or duration of a violation).
Periodic compliance report or self - monitoring report means a report on
compliance status submitted by categorical industrial users to the control
authority at least semiannually pursuant to 40 CFR 403.12(e) and F.A.C. ch. 62-
625.600(4) and (7), or as needed.
Permit means a document issued to the city's wastewater facility by
federal and/or state regulatory authorities which set out provisions or
requirements for the disposal or reuse of effluent of biosolids, or discharges from
the facility.
Person means any individual, partnership, copartnership, 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 federal, state and local governmental entities.
pH means the logarithm of the reciprocal of the weight of hydrogen ions,
expressed in standard units, commonly used as a measure of the relative acidity
or alkalinity of a solution.
Pollutant means constituent(s) or foreign substances(s) including, but not
limited to, pathogens that degrade the quality of the water or pose a hazard to
public health or to the environment. Any dredged spoil, solid waste, filter
2911)a6)e.
backwash, incinerator, residue, sewage, garbage, sewage sludge, munitions,
medical wastes, chemical wastes, biological materials, radioactive materials,
heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial,
municipal and agricultural waste, and certain characteristics of wastewater (e.g.,
pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
Pollution means the manmade or man - induced alteration of the chemical,
physical, biological and radiological integrity of water.
Pollution control facility. See "Wastewater facility."
Pollution prevention means the use of materials, processes or operation
and maintenance practices to reduce or eliminate the generation or creation of
pollutants at the source before the constituents can enter the waste stream.
Pollution prevention includes, but is not limited to, equipment modifications,
process or operating alterations, reformulation or redesign of products,
substitution of raw materials, and improvements in housekeeping, maintenance,
personnel training or inventory control.
Pollution prevention plan means a plan prepared by the user to minimize
the likelihood of introducing pollutants in the process wastewater or other types
of discharges from their facility.
Pretreatment and treatment mean the reduction of the amount of
pollutants, the elimination of pollutants or the alteration of the nature of pollutant
properties in wastewater prior to, or in lieu of, discharging or otherwise
introducing such pollutants into the wastewater facility. The reduction or
alteration can be obtained by physical, chemical or biological processes, process
301Pag.c
changes or other means, except by diluting the concentration of the pollutants
unless allowed by an applicable pretreatment standard.
Pretreatment facilities means equipment, structures and processes that
are configured together for the treatment of discharges from users to the
wastewater facility.
Pretreatment program means the program administered by the control
authority that fulfills the criteria set forth in F.A.C. ch. 62- 625.500.
Pretreatment requirement means any substantive or procedural
requirement related to pretreatment, other than a national categorical
pretreatment standard imposed on an industrial user.
Pretreatment standards or standard for any specified pollutant means the
city's prohibitive discharge standards as set forth in this article, the state
pretreatment standards, or the national categorical pretreatment standards, or
the local limits, whichever standard is the most stringent.
Private sewage disposal system means a watertight receptacle which
receives the discharge of a sewage system or part thereof, and is designed and
constructed so as to separate solids from the liquid, digest organic matter
through a period of detention and allow the liquids to discharge into the soil
outside of the tank through a system of open -joint or perforated piping or a
disposal pit.
Private sewage treatment and disposal system means any means of
treating, purification and disposal of sanitary waste, excluding septic tanks, which
31111ayc
has been permitted by the city, Seminole County or the state for the purpose of
serving an individual building or establishment.
Private wastewater collection system means a wastewater collection
system installed, maintained, operated, and owned by persons other than the
city, and connected to the public sewer.
Privy means any surface closet with an underground vault or cavity used
for the deposit of human excreta.
Process wastewater means any water which during manufacturing or
processing comes into direct contact with or results from the production of or use
of any raw material, intermediate product, finished product, byproduct, or waste
product.
Programmed extension means sewer extensions included in a master
plan of the sewer system on file in the office of the appropriate city department as
determined by the city manager.
Prohibited discharge standards or prohibited discharges means absolute
prohibitions against the discharge of certain substances.
Properly shredded garbage means the wastes from the preparation,
cooking and dispensing of food that have been shredded to such a degree that
all particles will be carried freely under the flow conditions normally prevailing in
public sewers, with no particles greater than one -half -inch in any dimension.
Property owner means the titleholder of record for the premises being
served or proposed to be served with a municipal sewer connection.
32111aLL c
Proprietary information means information about a commercial chemical,
product, or process, which is considered to be confidential business information
or a trade secret by an industrial user. If divulged, the information could put the
industrial user at an unfair competitive disadvantage with competitors in the
same industry.
Public sewer means a sewer in which all owners of abutting properties
may have equal right of access and /or use and which is owned or controlled by a
public authority.
Pump station or lift station means a structure housing pumps and their
appurtenances, which conveys wastewater to either a privately owned or publicly
owned sanitary sewer or treatment works.
Qualify assurance means a management /administrative evaluation of
procedures and practices used during sampling and analysis that ensures the
accuracy, precision, reproducibility and representativeness for the reported data.
Receiving waters means a watercourse or surface water body that is the
designated destination for a direct discharge.
Reclaimed water means water which, as a result of treatment of waste, is
suitable for direct beneficial uses or a controlled use that would not occur
otherwise.
Regulated waste stream means an industrial user process waste stream
regulated by a national categorical pretreatment standard.
Removal means a reduction in the amount of a pollutant in the effluent or
alteration of the nature of a pollutant during treatment. The reduction or alteration
33 111 a e
can be achieved by physical, chemical, or biological means and may be the
result of specifically designed capabilities or may be incidental to the operation of
the treatment system. Dilution shall not be considered removal.
Renewal, replacement and betterment costs means the budget
allowances legislated to provide the cash for expenditures for procuring and
installing units of equipment or reconstructing appurtenances to maintain or
regain the capacity and performance for which the sewage works were designed,
during their useful life.
Representative sample means a sample from a waste stream that is as
nearly identical in composition as possible to the large volume of flow stream that
is being discharged during a normal operating day.
Residential means the individually metered single - family residential
dwelling, and also includes any dwelling unit, which is individually metered,
irrespective of the fact that it may be a mobile home or included within a multiple-
unit complex, served by the city's wastewater facility.
Residential user means any person owning a private dwelling not used for
any direct or indirect commercial or industrial purpose.
Residuals mean the solid, semisolid or liquid residues that are generated
during the treatment of wastes or wastewater in a pretreatment or treatment
facility. Typically does not include grit, screenings or incinerator ash. Refer to
biosolids or sludge.
Sanitary sewage means any combination of water - carried wastes from
residences, business buildings, institutions and industrial establishments,
34111aL2.e
containing animal or vegetable matter or chemicals in suspension or solution,
together with such groundwater, surface water, and stormwater as may be
unintentionally present.
Sanitary sewer means a sewer, which carries wastewater and to which
stormwater, surface water and groundwater are not intentionally admitted.
Sanitary sewer system means sewers and disposal or purification plants, and
equipment used in connection therewith; and all facilities, real and personal,
owned or used by city in the treatment and disposal of wastewater and solids.
Sanitary water closet means any flush toilet properly connected with the
city sewer or a septic tank of approved construction.
Segregated domestic wastes means wastes from nonresidential users
which are generated from activities of a domestic nature and which are
measurable or separated and set apart from industrial discharge.
Self- monitoring means sampling and analysis performed by the user to
ensure compliance with the permit or other regulatory requirements as set forth
in 40 CFR 403.12(b) and (g), and F.A.C. ch. 62- 625.600.
Septage means the liquid and biosolids produced in individual on -site
wastewater treatment systems, such as septic tanks and cesspools.
Septic tank means a watertight tank or receptacle used as a reservoir for
receiving, purifying and disposing of sewage waste, to be connected to a soil
absorption bed or drainfield for receiving normal domestic sewage from an
individual building sewer.
351Pa,e
Septic tank pumpings means any material removed from holding tanks or
individual on -site wastewater treatment systems, such as vessels, campers,
trailers, septic tanks, and cesspools.
Septic tank waste means any sewage from holding tanks such as vessels,
chemical toilets, campers, trailers, and septic tanks.
Septicity means the conditions resulting from biological degradation of
organic materials in wastewater in the absence of free oxygen, either in solution
or in the environment, usually resulting in production of hydrogen sulfide and
odors.
Settleable solids means the matter in wastewater not staying in
suspension during a preselected settling period, such as one hour, but either
settles to the bottom or floats to the top.
Severe property damage means substantial physical damage to property,
a user's pretreatment facilities, which renders them inoperable, or substantial and
permanent loss of natural resources, which can reasonably be expected to occur
in the absence of a bypass. Economic loss due to delays in productions shall not
be considered severe property damage.
Sewage, also known as wastewater, means water - carried waste, in
solution or suspension that is intended to be removed from a community.
Sewage disposal system means those works owned and operated by the
city or any agency authorized by the city for the disposal of sewage, embracing
all conduits through which the sewage passes to the point of final disposition,
3611.1age
including such purification and treatment facilities and works as may be provided
during the course of disposal.
Sewage treatment plant means any arrangement of devices and
structures used for treating sewage.
Sewer system means the complete city wastewater facility including, but
not limited to, stormwater sewers, sanitary sewers, lateral sewer lines and other
sewer facilities constructed or acquired by the city, together with all
improvements, extensions and additions to the sewer system, or any part
thereof, and shall include all property, real and personal, and tangible and
intangible, owned or used in connection with the sewerage system.
Sewerage benefit fees are a combination of:
(1). Wastewater collection system charges, and
(2). Water pollution control charges.
Sewerage works means ail facilities for collecting, pumping, treating and
disposing of sewage.
Significant industrial user means an industry that is:
(1) A user subject to categorical pretreatment standards; or
(2) A user that:
a. Discharges an average of 25,000 gpd or more of process
wastewater to the wastewater facility (excluding sanitary, noncontact cooling, and
boiler blowdown wastewater);
3711.1ape
b. Contributes a process waste stream which makes up five percent
or more of the average dry weather hydraulic or organic capacity of the
wastewater facility treatment plant; or
C, Is designated as such by the city manager or designee, on the
basis that it has a reasonable potential for adversely affecting the wastewater
facility's operation or for violating any pretreatment standard or requirement.
(3) Upon a finding by the city manager or designee, that a user
meeting the criteria in subsection b. has no reasonable potential for adversely
affecting the wastewater facility's operation or for violating any pretreatment
standard or requirement, the city may at any time, on its own initiative or in
response to a petition received from a user, and in accordance with procedures
in rule F.A.C. ch. 62- 625.410(2)(d), determine that such user should not be
considered a significant industrial user.
Significant noncompliance means a violation(s) which meets one or more
of the following criteria:
(1) Chronic violations of wastewater discharge limits in which 66
percent or more of all of the measurements taken during a six -month period
exceed (by any magnitude) the daily maximum limit or the average limit for the
same pollutant parameter;
(2) Technical review criteria (TRC) violations in which 33 percent or
more of all of the measurements for each pollutant parameter taken during a six-
month period equal or exceed the product of the daily maximum limit or the
3811118
average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, total oil
and grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of a pretreatment effluent limit (daily maximum
or longer -term average) that the control authority determines has caused, alone
or in combination with other discharges, interference or pass through (including
endangering the health of wastewater facility personnel or the general public);
(4) Any discharge that has resulted in the control authority's exercise of
its emergency authority to halt or prevent such discharge;
(5) Failure to meet, within 90 days after the schedule date, a
compliance schedule milestone contained in a control mechanism or
enforcement order for starting construction, completing construction, or attaining
final compliance;
(6) Failure to provide, within 30 days after the due date, required
reports such as baseline monitoring reports, and reports on compliance with
compliance schedules;
(7) Failure to respond within 30 days of a notice of violation (NOV)
issued by the control authority or fails to correct the conditions causing a violation
30 days after a NOV;
(S) Failure to accurately report noncompliance; and
(9) Any other violation or group of violations, which the control authority
determines, will adversely affect the operation or implementation of the
pretreatment program.
39111 �e
Significant violation means a violation of this article which remains
uncorrected 30 days after notice of violation; or, which is part of a pattern of
noncompliance; or, which involves failure to accurately report non compliance;
or, which resulted or results in the city exercising its emergency authority under
this article or otherwise.
Silver-rich solution means a solution containing sufficient silver such that
cost - effective recovery of the constituent could be accomplished. Silver -rich
solutions include, but are not limited to, fixers, bleach- fixers, low -flow washes and
other functionally similar solutions.
Silver test paper means a test paper coated with an analytical reagent,
which reacts by changing color in relationship to the amount of silver in the
solution. A reference color code allows determination of the approximate
concentration of silver in the solution.
Sludge means the accumulated solids or residuals separated from liquids
or wastes during chemical treatment, coagulation, flocculation, sedimentation,
flotation or biological oxidation of wastes or wastewater at a pretreatment or
treatment facility, Refer to Biosolids or Residuals.
Slug (accidental) discharge control plan means detailed plans, on file with
the city, showing facilities and operating procedures to provide control of slug
discharges. Significant industrial users shall complete construction of facilities
and provide operating procedures to the city within the time frame specified by
the city, however, absolutely within one year of notification. Review and approval
of the plan shall not relieve the significant industrial user from the responsibility to
40111a6)e
modify its facility, as necessary, to meet each and every requirement of this
article.
Slug load or slug means any discharge at a flow rate or concentration,
which could cause a violation of the prohibited discharge standards. Slug
Discharge is any discharge of a non - routine, episodic nature including, but not
limited to, an accidental spill or a non - customary batch discharge, which has a
reasonable potential to cause Interference or Pass Through, or in any other way
violate the federal regulations, Local Limits or Permit conditions.
Source control or reduction means control of the introduction of pollutants
into a user's discharge at the point of production or their origins. Refer to
Pollution prevention.
Spill containment plan (SCP) means detailed plans on file with the city
showing facilities and operating procedures to provide protection from accidental
discharge. All industrial users whose wastewater includes or could include
pollutants in amounts great enough to cause interference with the wastewater
facility shall be required to have such plans. Industrial users shall complete
construction of such facilities, and provide such operating procedures to the city,
within one year of notification. No user who begins contributing to or could
contribute such pollutants to the wastewater facility after the effective date of the
ordinance from which this article is derived [Sept. 20, 2004], and who has been
so notified, shall be permitted to introduce such pollutants into the wastewater
facility until accidental discharge facilities and procedures, as appropriate, have
been approved by the city and installed by the industrial user. Review and
4111'a e
approval of such plans and operating procedures shall not relieve the industrial
user from the responsibility to modify its facility, as necessary, to meet each and
every requirement of this Article.
Spill prevention (accidental discharge) and control plan means a plan
prepared by a user to minimize the likelihood of a spill and to expedite control
and cleanup activities should a spill occur.
Split sample means a portion of a collected sample given to the industry or
to another agency for the purpose of verifying or comparing laboratory results.
Standard industrial classification (SIC) means a classification pursuant to
the Standard Industrial Classification Manual issued by the United States Office
of Management and Budget, 1987, as it may be amended or supplemented.
Standard Methods means the current edition of Standard Methods for the
Examination of Water and Wastewater, as published jointly by the American
Public Health Association, Water Environment Federation and American Water
Works Association as may be amended from time to time.
Standard Plumbing Code (current edition) means reference to building
codes for plumbing systems, including building drains and grease management
devices, contained in the Florida Building Code.
State means the State of Florida.
Storm drain and storm sewer mean a sewer which carries stormwater and
surface water and drainage, but which excludes sewage and industrial wastes
other than unpolluted cooling water.
42111age
Storm sewer system means all facilities owned or used by the city for the
carrying off of drainage water and stormwater.
Stormwater means any flow occurring during or following any form of
natural precipitation, and resulting from such precipitation.
Surcharge means a charge to a user for the discharge of abnormally high
strength compatible pollutants to the wastewater facility or above the standards
or criteria set for in this article. The charge is based on the loading of a particular
pollutant in pounds from a significant commercial user, and is levied in addition to
the regular sewer service charges or fees as prescribed by the city pursuant to
the adoption of a fee resolution by the city commission.
Surface waters means any watercourse, stream, pond, canal, river, lake,
lagoon, or other geological feature that contains water on the surface of the earth
whether contained in bounds created naturally, artificially or diffused.
Suspended solids means the total suspended matter that floats on the
surface of, or is suspended in water, wastewater, or other liquid, and which is
removable by laboratory filtering.
Time proportional composite sample means a mixture of discrete, equal-
volume, grab samples taken at different times at the same monitoring location.
The time interval is proportional to the flow volume or rate.
Total Kjeldahl nitrogen (TKN) means the analytical quantity of organic
nitrogen and ammonia that is determined together and is equal to the sum of the
concentration of ammonia and organically bound nitrogen in the tri- negative
oxidation state.
431I'a e
Total metals (TM) means the sum of the concentrations of copper, nickel,
total chromium and zinc. If the concentration of a pollutant is below the detection
limit, then one -half of that value shall be used in this determination.
Total nitrogen (TN) means the sum of the concentrations of the various
forms of nitrogen, which, in general, include TKN, nitrite and nitrate.
Total phosphorus (TP) means the sum of the concentrations of the various
phosphate functions, which, in general, includes orthophosphate, condensed
phosphates and organic phosphorus.
Total recoverable petroleum hydrocarbons (TRPH) means the quantity of
those substances as determined by the EPA method 418.1 or organic
compounds containing less than 20 carbon atoms and are extractable into an
organic liquid,
Total toxic organics (TTO) means the summation of all quantifiable values
greater than 0.01 milligrams per liter (mg/1) for all toxic organics listed under the
applicable categorical pretreatment standards.
Toxicant means a substance that kills or injures an organism through its
chemical or physical action or by alteration of its environment. Examples include
cyanides, phenols, pesticides and heavy metals.
Toxic pollutant means any pollutant or combination of pollutants listed as
toxic in regulations promulgated by the administrator of the Environmental
Protection Agency under the provisions of Clean Water Act (CWA) 307(x) or
other acts.
441Pagc
Transporter means a person who conveys wastes from the site of
generation to an approved facility or location for treatment, disposal or reuse
(recycling). The transporter is responsible for complying with applicable federal,
state and local laws, rules or regulations regarding transportation of the produced
waste.
Turbidity means a condition in water or wastewater caused by the
presence of suspended matter, resulting in the scattering and absorption of light
rays or a measure of fine suspended matter in liquids; usually reported in
nephelometric turbidity units (NTU) as determined by measurements of light
diffraction.
Twenty -four hour, flow proportional composite sample means a mixture of
discrete sample aliquots that are collected during a 24 -hour period. Sample
aliquot volumes are proportional to the flow, are taken at constant time intervals,
and combined to form a representative sample.
Under -the -sink oil and grease trap means a city - approved device that is
designed for a flow of less than 50 gpm and installed inside the building beneath
or in close proximity to the sink or the other facilities likely to discharge oil and
grease substances from animal or vegetable sources in an attempt to separate,
trap or store their fat - soluble substances and prevent their entry into the
collection system.
Unit and living unit mean a living unit in a dwelling or facility or portion
thereof providing living quarters for a single family, including each mobile home
and each unit in a duplex or multifamily dwelling or facility,
45111aLoc
Unpolluted water means water to which no constituent or characteristic,
such as heat, has been added, either intentionally or accidentally, which would
render such water unacceptable to any person having jurisdiction thereof for
disposal to a storm or natural outlet or directly to surface waters.
Unregulated waste stream means a waste stream neither regulated by a
national categorical pretreatment standard nor considered a dilute waste stream.
Upset means an exceptional incident in which there is unintentional and
temporary noncompliance with applicable categorical pretreatment standards
because of factors beyond the reasonable control of the industrial user. An upset
does not include temporary noncompliance to the extent caused by, but not
limited to, force main failure, operational error, lack of preventive maintenance,
careless or improper operation, and improperly designed or inadequate treatment
facilities as described in 40 CFR 403.16(a) and F.A.C, ch. 62- 625.840.
User means a discharger to the wastewater facility.
User category means the classification, for billing purposes, of each user
of the wastewater facility. There shall be four categories, defined as follows:
(1) Category A user means single - family residential units, including
multifamily or mobile -home units, where each residential unit has its own
individual water meter and does not have a separate irrigation meter. This
category discharges primarily domestic wastes or wastes from sanitary
conveniences, which are intended for occupancy by one family.
(2) Category B user means multifamily residential units with two (2) or
more units served by a single water meter. In addition, this category includes
46111aLgc
single- family residential units, as defined under Category A user, which have a
separate irrigation meter in addition to their water meter. This category
discharges primarily domestic wastes or wastes from sanitary conveniences.
(3) Category C user means commercial establishments that discharge
primarily domestic wastes or wastes from sanitary conveniences. Category C
user shall also include any users not included in any of the other categories.
(4). Category D user means industrial users and any user of the
publicly owned treatment system identified in the Standard Industrial
Classification Manual, 1972, Office of Management and Budget, United States
government, as amended and supplemented, under the following divisions: A, B,
D, E or I. A user may be included in the commercial user category if it is
determined by the city manager or designee that the user will introduce primarily
segregated domestic wastes into the wastewater facility.
Utility department means the Utility of the city, including all of its divisions.
Waste minimization means conservation of material to reduce the source of
pollutants of waters.
Wastewater means sewage or industrial waste, or any combination of
these plus any admixed land runoff. The spent or used water containing
dissolved and suspended structures, such as, but not limited to, industrial and
domestic wastes from residential dwellings, commercial buildings, industrial and
manufacturing facilities, and institutions, whether treated or untreated, which flow
to the wastewater facility.
47111age
Wastewater collection system charge means a charge for establishing,
extending, oversizing or otherwise making available the city's wastewater facility
including, but not limited to, lateral, branch and trunk sewers, to a point of
reasonable availability to the property so assessed.
Wastewater constituents and characteristics means the individual
chemical, physical, bacteriological and radiological parameters, including volume
and flow rate and such other parameters that serve to define, classify or measure
the contents, quality, quantity and strength of wastewater.
Wastewater facilities (WWF) means any or all of the following: the
wastewater collection /transmission system(s) and facilities, the wastewater
treatment plant(s) and facilities, and the wastewater reuse or disposal system(s)
and facilities.
Wastewater treatment facility or treatment plant means that portion of the
WWF which is designed to provide treatment of municipal sewage and industrial
waste.
Water Reclamation Facility (WRF) means the city's WWF.
Watercourse means a channel in which a flow of water occurs, either
continuously or intermittently.
(b). Unless the context of usage indicates otherwise, the meaning of
terms used in this article not specifically defined in subsection (a) shall be as
defined in the latest edition of Glossary: Water and Wastewater Control
Engineering, prepared by the joint editorial board of the American Public Health
Association, American Society of Civil Engineers, American Water Works
481Pa,
Association and Water Environment Federation as may be amended from time to
time or as defined in controlling Federal or State law.
(c). As used in this Ordinance "shall" means mandatory and "may"
means permissive or discretionary.
Sec. 102 -253. - Abbreviations.
For purpose of this article, the following abbreviations shall have the meanings
designated in this section:
BMP
Best management practices
BMPP
Best management practices plan
BMR
Baseline monitoring report
BOD
Biochemical oxygen demand
°C
Degrees Celsius
CBOD
Carbonaceous biochemical oxygen demand
CFR
Code of Federal Regulations
COD
Chemical oxygen demand
CWA
Clean Water Act
D.O.
Dissolved oxygen
EPA
U.S. Environmental Protection Agency
OF
Degrees Fahrenheit
F.A.C.
Florida Administrative Code
FDEP
Florida Department of Environmental Protection
FS
Florida Statutes
GPD
Gallons per day
L
Liter
LEL
Lower explosive limit
mg
Milligrams
mg /l
Milligrams per liter
MGD
Million gallons per day
MSDS
Material safety data sheet
49111a ,c
NOV
Notice of violation
NPDES
National pollutant discharge elimination system
OGMP
Oil and grease management program
RCRA
Resource Conservation and Recovery Act
SIC
Standard industrial classification
SIU
Significant industrial user
SNC
Significant noncompliance
SWDA
Solid Waste Disposal Act, 42 USC 6901 et seq.
TSS
Total suspended solids
TTO
Total toxic organics
USC
United States Code
WRF
Water reclamation facility
WWF
Wastewater facility
DIVISION 2. -- REGULATIONS
Sec. 102 -271. - General discharge prohibitions.
(a) Use of storm sewers and sanitary sewers. No person shall discharge or
cause to be discharged stormwater, groundwater, roof runoff (including runoff
from downspouts), subsurface drainage (including drainage from foundation
drains), swimming pool drainage, condensate, deionized water, or noncontact
cooling water to any sanitary sewer. Likewise, the discharge of sanitary sewage
or other wastes into any storm sewer is prohibited. It is unlawful for a person to
violate the prohibitions set forth herein.
(b) General prohibitions. No person shall introduce into a WWF any pollutant,
which causes pass through or interference. These general prohibitions and the
specific prohibitions in subsection (c) below apply to each industrial user
introducing pollutants into a WWI✓ whether or not the industrial user is subject to
501]'<:tc
other pretreatment standards, or any national, state or local pretreatment
requirements. No user who begins contributing to or could contribute pollutants to
the WWF after the effective date of this article, and who has been so notified,
shall be permitted to introduce such pollutants into the WWF until accidental
discharge facilities and procedures, as appropriate, have been approved by the
city and installed by the industrial user. Review and approval of such plans and
operating procedures shall not relieve the Industrial User from the responsibility
to modify its facility, as necessary, to meet each and every requirement of this
article. It is unlawful for a person to violate the prohibitions set forth herein.
(c) Specific prohibited discharges. No person shall discharge or cause to be
discharged any of the following described waters or wastes to any public sewer
and it is unlawful for a person to violate the prohibitions set forth herein.
(1) Any waters or wastes containing toxic or poisonous solids, liquids or
gases in sufficient quantity, either singly or by interaction with other wastes, to
injure or interfere with any sewage treatment process, constitute a hazard to
humans or animals, or create any hazard in the receiving wafters of the sewage
treatment plant.
(2) Any waters or wastes having a pH lower than five (5.0) or higher than nine
(9.0), or having any other corrosive property capable of causing damage or
hazard to structures, equipment and personnel of the sewage works.
(3) Solids or viscous substances in quantities or of a size capable of causing
obstruction to the flow in sewers, or interference such as, but not limited to
garbage with particles greater than one -half inch in any dimension, animal guts
51111a "C
or tissues, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastic, wood, underground garbage, whole blood, paunch manure,
hair and fleshings, entrails, paper, dishes, cups, milk containers and the like. Any
pollutant, including, but not limited to oxygen demanding pollutants, released in a
discharge at a flow rate or pollutant concentration which will cause interference
with the WWF.
(4) Heat in amounts which will inhibit biological activity in the WWF resulting
in interference regardless of temperature resulting in the discharge from
treatment plant having a temperature that exceeds 40 degrees Celsius (104
degrees Fahrenheit).
(6) Wastewater causing any single reading on an explosion hazard meter
equal to or greater than five percent at the point of discharge into the WWF, or at
any point in the WWF as calibrated using propane for 100 percent of the meter.
(6) Any liquids or gases which, by reason of their nature or quantity, may
cause fire or explosion, or be injurious in any other way to the sewers, the
treatment works structures, or the operation of the treatment works, or cause the
effluent from the treatment works to violate applicable effluent standards
including, but not limited to, waste streams with a closed cup flashpoint of less
than 140 degrees Fahrenheit or 60 degrees Celsius using the test methods
specified in 40 CFR 261.21.
(7) Pollutants which result in the presence of toxic gases, vapors, or fumes
within the WWF in a quantity that will cause acute worker health and safety
problems.
52111a(,,e
(8) Any trucked or hauled pollutants, except at discharge points designated by
the control authority.
(9) Any substance which may cause the WWFs effluent, or any other product
of the WWF, such as residues, sludge's or scum's, to be unsuitable for
reclamation and reuse, or which may interfere with the reclamation process
where the WWF is pursuing a reuse and reclamation program. It is unlawful to
discharge a substance into the WWF or cause the WWF to be in noncompliance
with sludge use or disposal criteria, guidelines or regulations developed under
section 405 of the Act, or 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.
(10) 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 the sewers for maintenance
or repair.
(11) Wastewater which imparts color which cannot be removed by the WWF
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 city's NPDES permit.
(12) Wastewater containing any radioactive wastes or isotopes except in
compliance with applicable state or federal regulations.
53 1Pa ,e
(13) Sludges, screenings, or other residues from the pretreatment of industrial
wastes.
(14) Medical biological wastes, or biohazard except as specifically
authorized by the city in a wastewater discharge permit.
(15) Detergents, surface- active agents, or other substances which may cause
excessive foaming in the VVVVF.
(16) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil
origin, in amounts that will cause interference or pass through.
(17) Any substance which will cause the VVWF to violate its NPDES and/or
water reuse permit or the receiving quality standards.
(d) It is unlawful for a person to fail to comply with, or violate, the provisions of
this section.
Sec. 102 -272. - Federal categorical pretreatment standards.
(a) Incorporated by reference. The categorical pretreatment standards found
at 40 CFR chapter 1, subchapter N, parts 405 --471 are hereby incorporated by
reference. Upon promulgation of the federal categorical pretreatment standards
for a particular pretreatment industrial subcategory, the federal standard, if more
stringent than limitations imposed under this article for sources in that
subcategory, shall immediately supersede the limitations imposed under this
article. The city manager or designee, shall notify all affected users of the
applicable requirements under F.A.C. ch. 62 -625.
(b) Compliance with federal categorical pretreatment standards. The federal
categorical pretreatment standards specify quantities or concentrations of
pollutants or pollutant properties, which may be discharged into the VVWF. All
541 1.1 a c
industrial users subject to a federal categorical pretreatment standard shall
comply with all requirements of such standard, which includes any monitoring or
reporting requirements, and shall also comply with any additional or more
stringent limitations contained in this article.
(c) Removal credits. Where the city's wastewater treatment system achieves
consistent removal of pollutants limited by federal pretreatment standards, the
city may apply to the approval authority for removal credits in accordance with
F.A.C. ch. 62- 625.420.
(d) Combined waste stream formula. When wastewater subject to a
categorical pretreatment standard is mixed with wastewater not regulated by the
same standard, the Director or designee shall impose an alternative limit using
the combined waste stream formula in F.A.C. ch. 62- 625.410(6).
(e) Equivalent concentration or mass limits. Where a categorical pretreatment
standard is expressed only in terms of either the mass or the concentration of a
pollutant in wastewater, the director or designee may impose equivalent
concentration or mass limits in accordance with F.A.C. ch. 62- 625.410(4).
(1) To be eligible for equivalent mass limits, the Industrial User must:
a. Employ, or demonstrate that it will employ, water conservation methods
and technologies that substantially reduce water Use during the term of its
individual wastewater discharge permit;
b. Currently use control and treatment technologies adequate to achieve
compliance with the applicable categorical Pretreatment Standard, and not have
used dilution as a substitute for treatment;
55111
C. Provide sufficient information to establish the facility's actual average daily
flow rate for all wastestreams, based on data from a continuous effluent flow
monitoring device, as well as the facility's long -term average production rate.
Both the actual average daily flow rate and the long -term average production rate
must be representative of current operating conditions;
d. Not have daily flow rates, production levels, or pollutant levels that vary so
significantly that equivalent mass limits are not appropriate to control the
Discharge; and
e. Have consistently complied with all applicable categorical Pretreatment
Standards during the period prior to the Industrial User's request for equivalent
mass limits.
(2) An Industrial User subject to equivalent mass limits must:
a. Maintain and effectively operate control and treatment technologies
adequate to achieve compliance with the equivalent mass limits;
b. Continue to record the facility's flow rates through the use of a continuous
effluent flow monitoring device;
C. Continue to record the facility's production rates and notify the City
whenever production rates are expected to vary by more than 20 percent from its
baseline production rates determined in paragraph 2.2F(l)(c) of this Section.
Upon notification of a revised production rate, the city will reassess the
equivalent mass limit and revise the limit as necessary to reflect changed
conditions at the facility; and
d. Continue to employ the same or comparable water conservation methods
5611'aL,e
and technologies as those implemented pursuant to this Section as long as it
discharges under an equivalent mass limit.
(5). When developing equivalent mass limits, the City:
a. Will calculate the equivalent mass limit by multiplying the actual average
daily flow rate of the regulated process(es) of the Industrial User by the
concentration -based Daily Maximum and Monthly Average Standard for the
applicable categorical Pretreatment Standard and the appropriate unit conversion
factor;
b. Upon notification of a revised production rate, will reassess the equivalent
mass limit and recalculate the limit as necessary to reflect changed conditions at
the facility; and
C. May retain the same equivalent mass limit in subsequent individual
wastewater discharger permit terms if the Industrial User's actual average daily
flow rate was reduced solely as a result of the implementation of water
conservation methods and technologies, and the actual average daily flow rates
used in the original calculation of the equivalent mass limit were not based on the
use of dilution as a substitute for treatment,
(f) Variances. A user may obtain a variance from a categorical pretreatment
standard if the user can prove, pursuant to the procedural and substantive
provisions in P.A.C. ch. 62- 625.700, that factors relating to its discharge are
fundamentally different from the factors considered by EPA when developing the
categorical pretreatment standard.
57 1 1? 1 ' c
(g) Net gross adjustment. A user may obtain a net gross adjustment to a
categorical standard in accordance with F.A.C. ch. 62-625.820.
(h) Compliance. It is unlawful for a person to fail to comply with, or violate, the
provisions of this section.
Sec. 102 -273. - Specific pollutant limitations.
(a) Discharging wastewater pollutants in excess of local limits. No person
shall discharge wastewater containing pollutants in excess of the local limits for
those pollutants which have been established for the city WWF s using standard
procedures, calculations and methods acceptable to FDEP to protect against
pass through, interference, protection of WWF employees, and adverse affects
on wastewater residuals disposal.
(b) Discharging waste streams. No industrial user shall discharge process
waste streams, unregulated waste streams, or dilute waste streams in excess of
the concentrations set forth by the director. Local limits shall be included as
permit conditions and attached to each SIU wastewater permit issued.
(c) Modification of local limits. The established local limits are subject to
change and shall be modified as needed based on regulatory requirements and
standards, WVVF 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 SIUs shall also be
581Page
issued an addendum to their wastewater discharge permit containing the new
local limits.
(d) Imposition of mass limitations. The established local limits apply at the
point where the wastewater is discharged to the WWF. All concentrations for
metallic substances are for total metal unless indicated otherwise. At his or her
discretion, the director 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:
City of Sanford Utility Department
300 North Park Avenue
Sanford, FL 32771
(e) Pollutants processed or stored; prohibited. Pollutants, substances, or
wastewater prohibited by this section shall not be processed or stored in such a
manner that they could be discharged to the WWF. No person shall discharge
wastewater or any substance containing in excess of the limits and measured at
the point of discharge into the sewer system. F.A.C. ch. 62- 625.540 requires
modification of pretreatment programs at any time to reflect changing conditions
at the WWF. Program modification is necessary whenever there is a significant
change in the operation. The pollutant limits set out in this document are
established to protect against pass - through and interference and apply at the
point where the wastewater is discharged to the WWF. All concentrations for
metallic substances are for "total" metal unless indicated otherwise.
(1) The pollutant limits set out in the local pollutant limits document may be
adjusted and additional pollutant limits added from time to time based on
treatment plant monitoring, water quality requirements, field investigation of
industrial users, and/or any other factors which the city deems of significance
with respect to the proper and safe operation of the VWVF. The city may impose
mass limitations in addition to, or in place of, the concentration based limitations
above.
(2) No person shall discharge any substance that will pass through or inhibit
the VVVVF to comply with state and /or federal requirements for receiving waters.
Specific pollutant limitations for industrial discharges shall meet federal
categorical pretreatment standards.
(3) The installation of a garbage disposal into a commercial food facility is
prohibited by the city. Installation may be approved by the city manager or
designee, for devices discharging into a grease /oil interceptor.
(4) Any waters or waste containing phenols or other taste or odor producing
substances in such concentration exceeding limits which are established by the
city as necessary, after treatment of the composite sewage, to meet the
requirements of the federal, state, local or other public agencies having
jurisdiction over such discharge to the receiving waters.
(5) Stormwater, surface water, ground water, artesian well water, roof runoff,
subsurface drainage, swimming pool drainage, condensate, deionized water,
noncontact cooling water, treated hazardous waste and unpolluted wastewater,
unless specifically authorized by the city.
601Page
(6) Materials that exert or cause:
a. Unusual concentrations of inert suspended solids such as, but not limited
to, fuller's earth, lime slurries and lime residues, or of dissolved solids, such as,
but not limited to, sodium chloride and sodium sulfate;
b. Carbonaceous biochemical oxygen demand (CBOD), chemical oxygen
demand (COD), or chlorine demanding compounds in such quantities that would
constitute a significant load on the wastewater treatment works;
C. Unusual BOD, chemical oxygen demand or chlorine requirements in such
quantities as to constitute a significant load on the wastewater treatment works;
or
d. Unusual volume of flow or concentration of wastes constituting slug
discharges as defined herein.
(f) Dilution. 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 with a discharge limitation unless
expressly authorized by an applicable pretreatment standard or requirement. The
city may impose mass limitations on users who are using dilution to meet
applicable pretreatment standards or requirements, or in other cases when the
imposition of mass limitations is appropriate. It is unlawful for a person to violate
the prohibitions set forth herein.
(g) Additional requirements for industrial users. Industrial users shall observe
and comply with any and all present and future federal, regional, state and local
laws, rules, regulations, requirements, ordinances, orders, mandatory guidelines
611Page
and procedures, which apply or pertain to the collection, treatment and disposal
of wastewater.
(h) Conflicting requirements; right of city to revise discharge limitations. 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
article.
(i) Another municipality's wastewater. If another municipality, or user located
within another municipality, contributes wastewater to the WWF, the city shall
enter into an interlocal agreement with the contributing municipality.
0) Prior to entering an agreement. Prior to entering into an interlocal
agreement, the city shall request the following information from the contributing
municipality for review and evaluation by the city:
(1) A description of the quality and volume of wastewater discharged to the
WWF by the contributing municipality;
(2) An inventory of all users located within the contributing municipality that
are discharging to the WWF; and
(3) Such other information as the city may deem necessary.
(k) Interlocal agreement conditions. An interlocal agreement, shall contain, at
minimum, the following provisions:
(1) A requirement for the contributing municipality to adopt a sewer use
ordinance which is at least as stringent as this article and local limits which are at
least as stringent as those established by this article. The requirement shall
621Pagc
specify that such ordinance and limits must be revised as necessary to reflect
changes made to the city's ordinance or local limits;
(2) A requirement for the contributing municipality to submit a revised user
inventory at least on an annual basis;
(3) A provision specifying which pretreatment implementation activities
including, but not limited to, 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 city; and which of
these activities will be conducted jointly by the contributing municipality and the
city;
(4) A requirement for the contributing municipality to provide the city with
access to all information that the contributing municipality obtains as part of its
pretreatment activities;
(5) Limits on the nature, quality, and volume of the contributing municipality's
wastewater at the point where it discharges to the WWF;
(6) Requirements for monitoring the contributing municipality's discharge;
(7) A provision ensuring city's 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 city; and
(8) A provision specifying remedies available for breach of the terms of the
interlocal agreement.
(1) It is unlawful for a person to fail to comply with, or violate, the provisions of
this section.
63111agc
(m) The city shall evaluate whether each SlU needs an accidental
discharge /slug discharge control plan or other action to control Slug Discharges.
The city may require any User to develop, submit for approval, and implement
such a plan or take such action that may be necessary to control Slug
Discharges. Alternatively, the city may develop such a plan for any User. An
accidental discharge/slug discharge control plan shall address, at a minimum, the
following:
(1) Description of discharge practices, including nonroutine batch discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the city of any accidental or Slug
Discharge; and
(4) 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.
Sec. 102 -274. - 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
article.
64 111 e
DIVISION 3. - ADMINISTRATION AND ENFORCEMENT
Sec. 102 -301. - Penalties.
(a) When the city finds that the user has violated, or continues to violate, any
provision of this article the industrial (or commercial) user discharge permit
issued hereunder, or other pretreatment standard or requirement, the city may
fine such user of at least the amount of $1,000.00, or the maximum allowed by
controlling law, per day per violation, whichever is less. Fines imposed shall be
assessed on a per - violation, per -day basis, in accordance with the processes
and procedures of controlling federal or state law and, in accordance with the
procedural requirements of federal or state law. In the cases of monthly or other
long -term average discharge limits fines shall be assessed for each day during
the period of violation.
(b) Fines will remain in effect and will continue to be applied for violation(s) on
a daily basis up to the maximum amount until the industrial (or commercial user)
can establish or show corrective action to the specified violation (which is
acceptable to the director before lifting the fines imposed to the user).
(c) Penalties may be assessed for each occurrence and for each local limit
that has been exceeded.
(d) Unpaid charges, fines, and penalties shall, after 31 calendar days, be
assessed an additional penalty of ten percent of the unpaid balance, and interest
shall accrue thereafter at a rate of one percent per month or the maximum
interest rate authorized by law, whichever is less. A lien against the user's
property may be filed and the lien may be pursued, in accordance with the
6.5111aL2c
provisions of controlling law, to reimburse the city for unpaid charges, fines,
penalties and accrued interest.
(e) Users desiring to dispute such fines shall file a written request for the city
to reconsider the fine. Where a request has merit, the city may convene a
hearing on the matter. The city may add the cost of preparing administrative
enforcement actions, such as notices and orders, to the fine.
(f) Issuance of an administrative fine shall not preclude, or be a prerequisite
for taking any other action against the user.
(g) The following table lists penalty amounts for exceeding the pollutants limit
given in this article to the extent permitted by federal or state law. The penalty
shown for each level is applicable to each individual local pollutant limit that has
been exceeded.
Penalty Table (Or the maximum allowed by controlling law, whichever is less.
Penalty
Level
Violation Level
* Penalty
Amount
1
Violation greater than the limit but less than two times
$250.00
2
Violation equal to two times the limits but less than three
times
$500.00
3
Violation equal to three times the limits but less than four
times
$750.00
4
Violation equal to four times the limits but less than five times
$1,000.00
5
Violations equal to or greater than five times their limits
$1,200.00
66 111 a c:
(h) The pH range and the penalty amounts for each level are shown in the
table below:
INDUSTRIAL PRETREATMENT
PENALTY TABLE FOR pH
Low pH Violation
High pH Violation
Penalty Amount
4.50 -4.99
9,01-9.50
$125.00
4.00 -4.49
9.51-10.00
$250.00
3.50 - --3.99
10.01 -10.50
$375.00
3.00 --3.49
10.51 –11.00
$500.00
2.50 - --2.99
11.01 -- 11.50
$625.00
2.00 -2.49
11.51 –12.00
$750.00
1,50-1.99
12.01 –12,50
$875.00
LESS THAN 1.49*
i.
12.51 AND ABOVE
$1,000.00
ire u5ur may also oe suafect to rurtner penalties and entorcement actions as
provided in this article, and as determined by the city. Additional penalties shall
reflect the direct cost incurred by the city to resolve the consequences of such
discharge.
(i) In addition to remedies available to the city as set forth elsewhere in this
article, if the city is fined by the state, the EPA or any other governmental agency
for a violation of water quality standards as the result of a discharge of pollutants,
then the fine, and all city legal, sampling, analytical testing and other related
costs, shall be charged to the responsible user. Such charges shall be in addition
to and not in lieu of any other remedies the city may have under this article or
under any other statutes or regulations, at law or in equity.
0) 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
671 P a e
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.
(k) Filing a suit for civil penalties shall not be a bar against, or a prerequisite
for, taking any other action against a user.
Sec. 102 -302. - Judicial relief; criminal prosecution.
(a) If any person discharges sewage, industrial wastes or other wastes into
the city's wastewater disposal system contrary to the provisions of this article,
federal or state pretreatment requirements, the applicable requirements of the
city (whichever is more stringent) or any order of the city, the city attorney, with
direction from the city manager, may commence an action for appropriate legal
or equitable relief in the circuit court of the county.
(b) A user who willfully or negligently violates any provision of this article, 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 $1,000.00 or the maximum allowed by
controlling a day per violation, whichever is less, or imprisonment for not more
than one year, or both.
(c) A user who willfully or negligently introduces any substance into the VVIIIIF
which causes personal injury or property damage shall, upon conviction, be guilty
of a misdemeanor and be subject to a penalty of at least $1,000.00 or the
maximum allowed by controlling a day per violation, whichever is less, or be
subject to imprisonment for not more than one year, or both. This penalty shall be
68111a ,e
in addition to any other cause of action for personal injury or property damage
available under state law.
(d) 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 article, wastewater discharge
permit, or order issued hereunder, or who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device or method required under this article
shall, upon conviction, be punished by a fine of at least $1,000.00 or the
maximum allowed by controlling a day per violation, whichever is less, or
imprisonment for not more than one year, or both.
(e) In the event of a second conviction, a user shall be punished by a fine of
not more than $1,000.00 or the maximum allowed by controlling a day per
violation, whichever is less, or imprisonment for not more than one year, or both.
(f) Environmental crimes are characterized as felonies under the Clean
Water Act. Violations of the CWA and knowing endangerment of human health
are punishable by fines up to $50,000.00 per day of violation, imprisonment for
up to three years, or both, knowing endangerment (placing another person in
imminent danger of death or serious bodily injury) is punishable by fines up to
$1,000,000.00 (in the case of a corporation), imprisonment of up to 15 years, or
both. Fines and prison sentences under the Act are doubled for second offenses.
69 111 a. g e;
Sec. 102 -303. - .Additional remedies.
The remedies provided in this article shall not be exclusive and the city may seek
whatever other remedies are authorized by statute, at law or in equity, against
any person or user violating the provisions of this article.
Sec. 102 -304. - Publication of list of noncomplying users.
The city shall annually publish, in a newspaper of general circulation that
provides meaningful public notice within the jurisdictions served by the POTW, a
list of the users, which were in significant noncompliance with any pretreatment
requirements or standards at least once during the 12 previous months. The term
significant noncompliance shall be applicable to all Significant Industrial Users (or
any other Industrial User that violates the Sections below and shall mean:
(1) Chronic violations of wastewater discharge;
(2) Technical review criteria (TRC) violations;
(3) Any other discharge violation that the city believes has caused, alone or in
combination with other discharges, interference or pass through, including
endangering the health of WWF personnel or the general public;
(4) Any discharge of a pollutant that has caused imminent endangerment to
the public or to the environment, or has resulted in the city exercising emergency
authority to halt or prevent such a discharge;
(5) Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in an industrial user discharge permit or
enforcement order for starting construction, completing construction, or attaining
final compliance;
70111age
(6) Failure to provide within 45 days after the due date, any required reports,
including, but not limited to, 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;
(8) Failure to respond within 30 days of a notice of violation (NOV) issued by
the control authority or fails to correct the conditions causing a violation 30 days
after an NOV; or
(9) Any other violation(s), which the city determines, will adversely affect the
operation or implementation of the local pretreatment program.
Sec. 102 -305. - Authority of inspectors; right of entry.
(a) The city's inspector, and other duly authorized employees bearing proper
credentials and identification, shall be permitted to enter upon all properties at
any time for purposes such as, but not limited to, set up of monitoring equipment,
inspection, observation, measurement, sampling and testing of the building
sewer or its contents, in accordance with the provisions of this article.
(b) The city and other duly authorized employees of the city bearing proper
credentials and identification shall be permitted to enter all private properties
through which the city holds lawful easements for purposes such as, but not
limited to, inspection, observation, measurement, sampling, repair and
maintenance of any portion of the sewage works lying within the easement. The
city's inspector and other duly authorized employees of the city bearing proper
credentials and identification shall have the right to inspect and copy the records
711I'age
related to compliance with the industrial waste pretreatment program. All entry
and subsequent work, if any, on the easement, shall be accomplished in
accordance with the terms of the lawful easement pertaining to the private
property involved.
(c) 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 city shall be permitted to enter without delay for the
purposes of performing specific responsibilities.
(d) If the inspector has been refused access to a building, structure, or
property, or any part thereof, the inspector may seek the issuance of
administrative inspection warrant in accordance with the provision of state law
and such other legal remedies as may be available to the city under controlling
legal authority.
(e) 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 city and shall not be replaced. The costs of
clearing such access shall be born by, and be the responsibility of, the user.
(f) Unreasonable delays in allowing city access to the user's premises shall
be a violation of this ordinance.
(g) The city 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
72IPa ge
devices used to measure wastewater flow and quality shall be calibrated monthly
to ensure their accuracy.
(h) It is unlawful for a person to fail to comply with, or violate, the provisions of
this section.
Sec. 102 -306. - Notice of violation.
Any person found violating any provision of this article shall be served by the city
with written notice consistent with the provisions of F.S. ch. 162. The offender
shall, within the period of time stated in the notice, permanently cease all
violations. Provide an explanation of the violation, a plan for the satisfactory
correction and prevention thereof, to include specific required actions, shall be
submitted by the User to the city. Submission of such a 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 city to
take any action, including emergency actions or any other enforcement action,
without first issuing a Notice of Violation.
Sec. 102 -307. - Suspension of service; suspension or revocation of
discharge permit.
(a) The city may suspend the wastewater treatment service 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 which presents or may present
an imminent or substantial endangerment to the health and welfare of persons or
to the environment, causes interference with the WWF or causes the city to
violate any condition of its NPDES or reuse water permit. Service may also be
"73111age:
suspended when the city finds these facilities have been connected to its sewer
system without prior approval from the city for the connection.
(b) Any person notified of a suspension of the wastewater treatment service
or the wastewater contribution permit by the city 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 any and all remedial
actions including, but not limited to, immediate severance of the sewer
connection, to prevent or minimize damage to the WWF system or
endangerment to any individuals and /or the environment.
(c) The city may reinstate the wastewater contribution permit or the
wastewater treatment service upon competent and substantial proof of the
elimination of the noncomplying 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.
(d) The violation by any industrial user of the following conditions of this
article, or other applicable federal, regional, state or local laws, rules, regulations
or case decisions constitutes grounds for the revocation of the user's permit by
the city and it is unlawful for a person to violate the prohibitions set forth herein:
(1) Failure of a user to factually report the wastewater constituents and
characteristics of his discharge;
(2) Failure of the user to report significant changes in operations, or
wastewater constituents and characteristics;
74 1 1) a O c
(3) Refusal of reasonable access to the user's premises for the purpose of
inspection or monitoring;
(4) Obtaining of a permit by misrepresentation or failure to disclose fully all
relevant facts;
(5) A change in any condition that requires either a temporary or permanent
reduction or elimination of the permitted discharge; or
(6) Violation of conditions of the permit.
(e) It is unlawful for a person to fail to comply with, or violate, the provisions of
this section.
Sec. 102 -308. - Cease -and- desist order.
(a) When the city finds that a user has violated, or continues to violate, any
provision of this article, an industrial discharge permit or an order issued
hereunder, or any pretreatment standard or requirements, or that the user's past
violations have been inadequately remedied and the user has not provided
reasonable assurances to the city that the violations are not likely to recur, the
city may issue an order to the user directing the user to cease or desist all such
violations and directing the user to:
(1) Immediately comply with all requirements and;
(2) Take such appropriate remedial or preventive action as may be needed to
properly address a continuing or threatened violation including, but not limited to,
halting operations and/or terminating the discharge.
(b) Issuance of a cease - and - desist order shall not be a bar against, or a
prerequisite for, taking any other action against the user.
751Pa,c
Sec. 102 -309. - Failure to pay penalties or fees.
The city may revoke a discharge permit of any user sr—who has failed to pay any
outstanding fees, fines or penalties incurred as a result of any provision of this
ordinance, a previous wastewater discharge permit, or order issued hereunder.
Sec. 102 -310. - Payment of costs for repair of damage.
If the discharge from any user causes a deposit, an obstruction or damage to any
of the city's wastewater facilities, then the city shall cause the deposit or
obstruction to be promptly removed, or cause the damage to be promptly
repaired, at the sole cost of the person or user causing such deposit, obstruction
or damage.
Sec. 102 -311. - Falsifying official document or report; tampering with
monitoring device.
Any person who knowingly makes any false statement, representation or
certification in any application, record, report, plan or other document filed or
required to be maintained pursuant to this article or pursuant to any wastewater
discharge permit, or who falsifies, tampers with or knowingly renders inaccurate
any monitoring device or sampling or analysis or information- gathering method
required under this article, shall be subject to the penalties and costs provided in
this article, and any other penalty that may be provided under any other
applicable federal, state or local law, rule or regulation. It is unlawful for a person
to violate the prohibitions set forth herein.
Sec. 102 -312. - Right of city to use city's data for computation of fees.
Should there be a difference in understanding between the city and a user as to
the characteristics of the wastewater, the city reserves the right to use the city
analyses and results to thereafter compute any fees that may be assessed.
Sec. 102 -313. - Consent orders.
The city may enter into consent orders, assurances of voluntary compliance, or
other similar documents establishing an agreement with any user responsible for
noncompliance. Such documents shall include specific action to be taken by the
user to correct the noncompliance within a time period specified by the
document. Such documents shall have the same force and effect as the
administrative orders issued under this article and shall be judicially enforceable.
Sec. 102 -314. - Show -cause hearing.
The city may order a user which has violated, or continues to violate, any
provisions of this article relating to sewers, a wastewater discharge permit or
order issued hereunder, or any other pretreatment standard or requirement, to
appear before the city 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 5 working
days prior to the hearing. Such notice may be served on any authorized
77 11'a g
representative of the user. A show -cause hearing shall not be a bar against, or
prerequisite for, taking any other action against the user.
Sec. 102 -315. - Compliance orders.
When the city finds that a user has violated, or continues to violate, any provision
of this article relating to sewers, a wastewater discharge permit or and order
issued hereunder, or any other pretreatment standard or requirement, the city
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 address the noncompliance including, but not limited to,
additional self- monitoring and management practices designed 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, but not limited to, 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.
Sec. 102 -316. - Affirmative defenses to discharge violations.
(a) Upset.
(1) An upset shall constitute an affirmative defense to an action brought for
noncompliance with pretreatment standards; provided, however, that in any
78111agc
enforcement proceeding, the user seeking to establish the occurrence of an
upset shall have the burden of proof.
(2) A user who is seeking to prove an upset shall demonstrate, through
properly signed, contemporaneous operating logs or other relevant and
competent substantial 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 any and all applicable operation and
maintenance procedures; and
C. The user has submitted the following information to the city within 24
hours of becoming aware of the upset. if this information is provided orally, a
written submission shall be provided within five days.
1. A description of the indirect discharge and cause of noncompliance;
2. The period of noncompliance including, but not limited to, exact dates and
times or, if not corrected, the anticipated time the noncompliance is expected to
continue; and
3. Steps being taken and/or planned to reduce, eliminate, and prevent
recurrence of the noncompliance.
4. Users shall control production of all discharges to the extent necessary to
maintain compliance with 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
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other things, the primary source of power of the treatment facility is reduced, lost
or fails.
(b) Prohibited discharge standards. The following shall constitute an
affirmative defense to an action brought for noncompliance with pretreatment
standards; provided, however, that in any enforcement proceeding, the user
seeking to establish the affirmative defense shall have the burden of proof. The
user shall 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:
(1) A local limit exists for each pollutant discharged and the user was in
compliance with each limit directly prior to, and during, the pass through or
interference, or
(2) No local limit exists, but the discharge did not change substantially in
nature or constituents from the user's prior discharge when the city 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) The following shall constitute an affirmative defense to an action brought
for noncompliance with pretreatment standards; provided, however, that in any
enforcement proceeding, the user seeking to establish the affirmative defense
shall have the burden of proof.
(2) The user shall prove that the user acted in accordance with the following
provisions pertaining to bypass.
80111agC
(3) Notwithstanding any other provisions to the contrary set forth in this
section, 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.
(4) If a user knows in advance of the need for a bypass, it shall submit prior
notice to the city at least 10 days before the date of the bypass, if practicable.
(5) A user shall submit oral notice to the city of an unanticipated bypass that
exceeds applicable pretreatment standards within 24 hours from the time it
becomes aware of the bypass. A written submission shall also be provided within
five days of the time the user becomes aware of the bypass. The written
submission shall contain, at a minimum, a description of the bypass and its
cause; the duration of the bypass including, but not limited to, 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 city may waive the written report on a
case -by -case basis if the oral report has been received within 24 hours and
acknowledged in writing by the user.
(6) Bypass is prohibited, and the city may take an enforcement action against
a user for a bypass, unless:
a. As determined by the city, the bypass was unavoidable to prevent loss of
life, personal injury, or severe property damage;
b. As determined by the city, there were no feasible alternatives to the
bypass, such as the use of auxiliary treatment facilities, retention of untreated
8111 ag.0
wastes, or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate back -up equipment should have been
installed in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or preventive
maintenance; and
C, The user has submitted all notices as required under this article.
(7) The city may approve an anticipated bypass, after considering its adverse
effects, if the city determines that it will meet the provisions set forth in this
article.
(d) Compliance. It is unlawful for a person to fall to comply with, or violate, the
provisions of this section.
DIVISION 4. - APPLICATION FOR SERVICE; RATES AND CHARGES
Sec. 102-351. - Sampling and analysis of high strength waste.
(a) In order that rates and charges may equitably reflect the services
received, the city shall base its sewer service charges not only on the parameters
otherwise enumerated in this article, but also on the strength and character of the
sewage and waste transported or disposed of.
(b) When the city, in its discretion, determines that a user may be discharging
a waste of higher strength than specified in section 102 -273, or is otherwise
discharging substances above limits specified in this article, it shall require the
owner or other user to measure and determine the strength and content of all
sewage and waste discharged, either directly or indirectly, into the city's sewer
system, in such manner and by such method as shall be deemed necessary and
821I'�.e
practical in light of all conditions and attending circumstances of each case, in
order to determine conformance with this article and the proper user charge.
(c) The owner or other user shall establish (with city approvall a central
sampling point, which shall be available to the city at all times. All sampling shall
be accomplished by the city or its approved designee using approved methods.
All measurements and tests shall be paid for by the user. If the results of the
tests are deemed questionable by the city, then additional samples and tests
shall be taken at intervals specified by the city.
(d) Samples shall be analyzed in accordance with procedures set forth in 40
CFR 136 and F.A.C. ch. 62 -160, as may be amended from time to time.
(e) It is unlawful for a person to fail to comply with, or violate, the provisions of
this section.
Sec. 102 -352. - Surcharge for high strength waste.
(a) The city manager or designee is authorized to prohibit the discharge of
wastes into the city's sewer system, which, in his/her discretion, are deemed
harmful or otherwise undesirable.
(b) The admission into the public sewers of any waters or wastes having a 5-
day carbonaceous biochemical oxygen demand or total suspended solids greater
than 300 parts per million respectively by weight, or containing any quantity of
substances having the characteristics described in sections 102 -271 and 102-
273, shall be subject to the review and approval of the city.
(c) Where necessary, the owner shall provide, at his expense, such
preliminary treatment as may be necessary to reduce the biochemical oxygen
83JPa(e
demand and the suspended solids to the maximum limits provided for in sections
102 -271 and 102 -273. Plans, specifications and other pertinent information
relating to proposed preliminary treatment facilities shall be submitted for the
approval of the city, and no construction of such facilities shall be commenced
until such approval is obtained in writing.
(d) Extra charges based on the strength of the sewage and liquid wastes shall
be made on the following basis:
(1) High strength CBOD. The surcharge for high strength CBOD in dollars
shall be computed by multiplying the total milligrams per liter of CBOD above
2300 milligrams per liter times the metered water used during the billing period,
in millions of gallons, times a treatment surcharge factor. The surcharge factor
shall be derived annually from the following formula:
CBOD surcharge factor
Cost of treatment per million gallons
>
2-300
wrleie, COST or ireaimenr per mtiiion gallons equals operational costs of the city's
sewage treatment plant costs for the preceding fiscal year (including pro rata
administrative costs) divided by the total sewage flow through all plants in
millions of gallons, and 300 equals the maximum normal CBOD content
expressed in milligrams per liter.
(2) High- strength TSS. The surcharge for high - strength TSS in dollars shall
be computed by multiplying the total milligrams per liter of TSS above 2300
milligrams per liter times the metered water used during the billing period, in
millions of gallons, times a treatment surcharge factor. The surcharge factor shall
be derived annually from the following formula:
841J'age
TSS surcharge factor
Cost of treatment per million gallons
2300
wnere, cost or treatment per million gallons equals operational costs of the city's
sewage treatment plant costs for the preceding fiscal year (including pro rata
administrative costs) divided by the total sewage flow through all plants in
millions of gallons, and 300 equals the maximum normal TSS content expressed
in milligrams per liter.
(3) Excess nitrogen. There shall be an additional charge of $0.02 per pound
of nitrogen in excess of a concentration of three milligrams per liter in the liquid
waste being discharged into the system.
(4) Excess phosphorus. There shall be an additional charge of $0.06 per
pound of phosphorus in excess of a concentration of ten milligrams per liter in the
liquid waste being discharged into the system.
(e) It is unlawful for a person to fail to comply with, or violate, the provisions of
this section.
DIVISION 5. - OIL AND GREASE PREVENTION PROGRAM
Sec. 102 -373. - Oil and grease prevention program.
(a) Purpose and intent. The purpose of this section is to provide for the
implementation of the city's oil and grease prevention program. The objective of
the oil and grease prevention program is to minimize the introduction of fat-
soluble wastes to the city's VV V . The city's oil and grease prevention program is
set forth in the City of Sanford Oil /Grease Program Manual which is attached to
Ordinance No. 3895 as exhibit "A" and incorporated herein by this reference
thereto as if fully set forth herein verbatim. That Manual shalt continue to be
85111�1ge
maintained in the Office of the City Clerk and shall be made available to the
public and shall be provided as a link in the electronic codification of the City
Code. The provisions of the oil /grease program manual shall be enforced as set
forth in this article.
(b) Prevention program — General criteria.
(1) The discharge by a user to the WWF of certain liquids or wastes may be
prohibited or limited by the provisions of this article.
(2) Wastes which contain oil and grease may be discharged to the WWF in
accordance with the conditions set forth in this article.
(3) Wastes containing oil and grease including, but not limited to, materials
processed through garbage grinders, shall be directed to the grease interceptor
(trap).
(4) Wastes containing residual petroleum based oil and grease shall be
directed to the oil/water separator.
(5) Sanitary facilities and other similar fixtures shall not be discharged to the
oil and grease interceptor or the oil/water separator.
(6) Liquid wastes shall be discharged to the oil and grease interceptor or
oillwater separator through the inlet pipe only in accordance with the
design /operating specifications of the device.
(7) Oil and grease interceptors and oil/water separators shall be installed in a
location which provides easy access at all times for inspections, cleaning and
proper maintenance including, but not limited to, pumping. Oil and grease
interceptors shall not be located in or near any part of a structure where food
861Page
handling is accomplished. The city shall approve the location of the oil and
grease interceptor or oil /water separator prior to installation.
(8) Establishments (users) that prepare, process or serve food or food
products shall have installed and shall maintain an oil and grease separator.
Establishments that have the potential to discharge wastes containing residual
petroleum based oil and grease, such as commercial laundries, car washes and
automotive related facilities, shall have installed and shall maintain an oil/water
separator. Other nonresidential users such as multiple family homes and/or
apartment complex may be required by the city to install an oil and grease
interceptor and an oil /water separator, as appropriate, for the proper handling of
wastes containing oil and grease exceeding 200 mg /L by weight.
(9) Oil and grease interceptors and oil /water separators shall be installed at
the user's expense. Proper operation, maintenance and repair shall be
accomplished solely at the user's expense.
(c) Design.
(1) Specifications. Oil and grease interceptors and oil /water separators shall
be designed and constructed in accordance with this article, the city's Utility
Standards and Specifications Manual which is attached to this article as exhibit
"B" hereto and incorporated herein by this reference thereto as if fully set forth
herein verbatim. The provisions of the Utility Standards and Specifications
Manual shall be enforced as set forth in this article, and the city's Oil /Grease
Program Manual and all other applicable federal, state, and local laws, rules and
regulations. Design and construction shall be subject to approval by the city.
871Pagc
(2) Uses. Oil and grease interceptors and oil /water separators shall have a
minimum of two compartments and shall be capable of separation and retention
of oil and grease and storage of settleable solids.
(3) Design parameters. The design of oil/water separators shall be based on
peak flow and when applicable, capable of treating emulsions. Oil /water
separators shall be sized to allow efficient removal (retention) of the oils and
grease from the user's discharge to the WWF.
(4) Alternate technologies. Alternative oil and grease removal technologies
shall be subject to written approval by the city and the user shall have the burden
of proving and demonstrating removal efficiencies.
(5) Inspection and monitoring points. An adequate number of inspection and
monitoring points, as determined by the city. such as a manhole, shall be
provided. Covers shall have a gas -tight fit. Where additional weight loads may
exist, the oil and grease interceptor and oil/water separator shall be designed,
constructed and installed for adequate load bearing capacity.
(6) New facilities. On or after the effective date of this article, facilities likely to
discharge oil and grease which are newly proposed or constructed or existing
facilities which shall be expanded or renovated to include a food service facility
where such facilities did not previously exist, shall be required to install an
approved, properly operated and maintained oil and grease interceptor or
oil/water separator. Sizing calculations shall be in accordance with the formulas
listed in the city's Utility Standards and Specifications Manual, city's Oil /Grease
Program Manual, other applicable federal, state, and local regulations. Oil and
88111age
grease interceptors or oil /water separators shall be installed and approved for
operation prior to the opening or reopening of said facilities.
(7) Existing facilities.
a. On or after the effective date of this article, existing food service or
automotive related facilities shall install an approved, properly operated and
maintained oil and grease interceptor or oil/water separator when any of the
following conditions exist:
1. The facilities are found by the city to be contributing oils and grease in
quantities sufficient to cause line stoppages or necessitate increased
maintenance on the collection system.
2. Remodeling of the food preparation or kitchen waste plumbing facilities,
which are subject to a permit issued by the city.
3. Remodeling of an automotive related enterprise, commercial laundry or
other users that potentially may contribute wastes with petroleum based oils and
greases.
4. Multiple homes such as condominium and/or apartment complex.
5. The compliance date under this subsection shall be determined by the
city.
(S) Extensions. Any requests for extensions to these required installation
dates shall be made in writing to the city, at least 15 days in advance of the
compliance date. The written request shall include the reasons for the user's
failure or inability to comply with the compliance date set forth, the work
891P
accomplished, the additional time needed to complete the remaining work, and
the steps to be taken to avoid future delays.
(d) Maintenance.
(1) Cleaning and maintenance shall be performed by the user. Cleaning shall
include the complete removal of all contents, including floating materials,
wastewater, and bottom sludge solids.
(2) if a user violates or continues to violate the provisions set forth in this
section or fails to initiate /complete corrective action in response to a notice of
violation, then the city may pursue one or more of the following options:
a. Pump the oil/grease interceptor or oil/water separator and place the
appropriate charge on the user's monthly sewer bill; or
b. Collect a sample and assess the appropriate surcharge(s) for compatible
wastes in accordance with the provisions of this program.
(3) Decanting or discharging of removed waste back into the oil and grease
interceptor or oil/water separator from which the waste was removed or any other
oil and grease interceptor or oil/water separator, for the purpose of reducing the
volume to be disposed of is prohibited.
(4) Oil and grease interceptors and oil/water separators shall be pumped out
completely a minimum of once every three months, or more frequently as needed
to prevent carry over of oil and grease into the collection system, unless it can be
demonstrated satisfactorily to the city that the pumping frequency can be
extended past the three -month period.
901Pa &, e
(5) Pumping frequency shall be determined by the city based on flows,
quantity of oil and grease in the discharge, volume of business, hours of
operations and seasonal variations. The user shall be responsible for maintaining
the oil and grease interceptor or oil/water separator in such a condition for
efficient operation. Wastes removed from each oil and grease interceptor or
oil/water separator shall be disposed of at a permitted facility to receive such
wastes, in accordance with the provisions of this article. In no way shall the
pumpage be returned to any private or public portion of the collection system or
the treatment plants, without prior written approval from the city.
(6) Additives placed into the oil and grease interceptor, oil/water separator or
building discharge line system on a constant, regular or scheduled basis shall be
reported to the city in writing in advance. Such additives shall include, but not be
limited to, emulsifiers, enzymes, commercially available bacteria or other
additives designed to absorb, purge, consume, treat or otherwise eliminate
grease and oils. Any use of additives shall be subject to written approval by the
city prior to introduction into the waste stream, interceptor, or separator. The use
of additives in no way shall be considered as a substitution to the maintenance
procedures required herein.
(7) Flushing the oil and grease interceptor or oil/water separator with water
having a temperature in excess of 140 degrees Fahrenheit shall be strictly
prohibited.
(e) User identification.
91.111a(C
(1) It is unlawful for any facility producing oils and grease to discharge waste
into the collection system without authorization from the city. Authorization shall
be given in the form of an oil and grease discharge permit. Application for a
permit shall be made to the city. If, after examining the information contained in
the oil and grease discharge permit application, it is determined by the city that
the proposed facility does not conflict with the provisions of this article, a permit
shall be issued allowing the discharge of such wastes into the collection system.
Each oil and grease discharge permit shall be issued for a time not longer than 5
years from the date of the permit. The user shall apply for permit reissuance a
minimum of 60 days prior to the expiration of the user's existing permit. 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 as identified in this
article are modified or other just causes exist. The user shall be informed of any
proposed changes in the issued permit at least 60 days prior to the effective date
of the change(s). Any changes or new conditions in the permit shall include a
reasonable schedule for compliance.
(2) As a condition precedent to the granting of an oil and grease discharge
permit, the recipient under this section shall agree to hold harmless the city and
the city's employees from any liabilities arising from the permit holder's
operations under this permit.
(3) A fee for oil and grease discharge permit shall be set by the city. The fee
shall be established to insure full cost recovery and shall include, but not be
limited to the cost of field, administrative, engineering and clerical expenses
92 11-1
involved. The permit fee shall be paid in accordance to the schedule set forth in
the oil /grease program manual.
(f) Administrative procedures.
(1) Pumpage from oil and grease interceptors and oil /water separators shall
be tracked by a manifest, which confirms pumping, hauling and disposal of
waste. This manifest shall contain the following information:
Generator Information:
-Name
- Address
- Telephone number
- Volume pumped
-Date and time of pumping
-Name and signature of generator
- Verifying generator information and service
Transporter Information:
- Company name
- Address
- Telephone number
- Volume pumped
-Date and time of pumping
- Driver name and signature
- Verifying transporter information and service
Destination Disposal Site /Facility Information
931Pagc
- Company name /Permit number(s)
- Contact person(s)
- Address
- Telephone number
- Location of disposal site /facility
- Volume treated
-Date and time of delivery
- Driver name, signature and vehicle number
-Name and signature of operator verifying disposal site /facility information
(2) A log shall be maintained by the user of pumping activities for the previous
12 months. The log shall be posted in a conspicuous location for ready and
immediate access by city personnel. The log shall include, but not be limited to,
the date, time, volume pumped, hauler's name and license number and hauler's
signature. The log shall be kept on file at the user's facility for a minimum of three
years. The user shall report pumping activities within 48 hours to the city on a
form approved by the city for such purposes. A copy of the form shall be kept in a
file at the user's facility for a minimum of three years. The user shall maintain a
file on site of the records for the facility's oil and grease interceptor or oil /water
separator. The file contents shall include the record (as- built) drawings, record of
inspections, receipts, log of pumping activities, log of maintenance activities,
hauler information, disposal information and monitoring data. The file shall be
available at all times for inspection and review by city personnel,
941Pagc
(3) The city may require the user to provide, operate and maintain, at the
user's expense, appropriate monitoring facilities such as, but not limited to, a
manhole, that are safe and accessible at all times, for observation, inspection,
sample collection and flow measurement of the user's discharge to the WWF.
(g) Enforcement.
(1) A notice of violation shall be issued to a user for failure to adhere and
conform to the provisions of this article such as, but not limited to, failures to:
a. Pay program fees;
b. Report pumping activities;
C. Properly maintain (clean out or pump) the interceptor or separator in
accordance with the provisions of the oil and grease discharge certificate;
d. Maintain and post the log of pumping activities;
e. Maintain a file of records on site at all times;
f. Provide logs, files, records or access for inspection or monitoring
activities; or
g. Obtain or renew the oil and grease discharge certificate.
(2) The city may serve any user a written notice stating the nature of violation.
The user shall have 72 hours to complete corrective action and submit evidence
of compliance to the city unless as shorter time is required by the city on the
basis of the city determining that an emergency or exigency exists.
(3) If a user violates or continues to violate the provisions set forth in this
section or fails to initiate /complete corrective action in response to a notice of
violation, then the city may pursue one or more of the following options:
951Pagc
a. Pump the oil and grease interceptor or oil /water separator and place the
appropriate charge on the user's monthly sewer bill;
b. Collect a sample and assess the appropriate surcharge(s) for compatible
wastes in accordance with the provisions of this article;
C. Impose an administrative penalty;
d. Assess a reasonable fee for additional inspection, sample collection and
laboratory analyses; or
e. Terminate water and sewer service.
(4) The user shall pay all outstanding fees, penalties and other utility charges
prior to reinstatement of water and sewer service.
(h) Surcharge program — General criteria.
(1) Users as defined in this article, shall be subject to a surcharge for
discharges to the VVVVF.
(2) A surcharge may be assessed by the city against any user for any
discharge of abnormally high strength compatible wastes as defined herein.
(3) The surcharge in dollars shall be computed by multiplying the difference in
the concentration in mg /1 above the defined limitations for each applicable
constituent times the conversion factor of 8,34 times the potable water
consumption or metered sewer flow during the billing period in millions of gallons
(MG) times the respective treatment surcharge factor.
(4) The surcharge factor shall be derived each year using the following
formula and shall be set forth in the schedule of fees:
- Surcharge Total Cost of Treatment ($)
Factor Maximum Constituent loading (lbs.)
961i'ay_c
Where:
Total cost of treatment is the total operational costs including, but not limited to,
prorated administrative costs for the WWF during the preceding fiscal year.
Maximum normal constituent loading is the product of the constituent limit for
each compatible waste times a conversion factor of 8.34 times the total
wastewater flow for the WWF.
Surcharge factor shall be expressed in dollars per pound.
(5) The surcharge shall be calculated as the product of the current surcharge
factor times the difference of the constituent concentration and the maximum
allowable limit for the compatible waste constituent in mg /L times the conversion
factor of 8.34 times the total flow in million of gallons during the billing cycle.
(i) Flow determination. The flow volume for determination of the surcharge
shall be based on one of the following:
(1) Metered water consumption as shown in the records of meter reading
made by the city;
(2) Flow monitoring devices, which measure the actual volume of wastewater,
discharged to the WWF and as approved by the city;
(3) Flow monitoring devices for other water supplies proceeded from other
sources besides the city; or
(4) Flow monitoring devices other than those for the city shall be provided,
installed, calibrated and maintained at the user's expense and in accordance with
the plans that were approved by the director. Flow monitoring devices shall be
calibrated at least annually.
0) Constituent concentration. The concentration of constituents in the user's
discharge to the WWF shall be determined by samples collected and analyzed
by the city. Samples shall be collected in accordance with EPA protocols or
Standard Methods and in such manner to be representative of the actual
discharge to the collection system. Samples shall be analyzed in accordance
with procedures set forth in 40 CFR 136 and F.A.C. ch. 62 -160, as may be
amended from time to time. The surcharge shall be based on the determination
of the constituent concentration by the city.
(k) Monitoring. The city shall collect samples routinely, at least once per year.
(1) Samples shall be collected routinely of discharges from users that are
known to be or suspected of containing abnormal high strength compatible
wastes.
(2) Samples may be collected manually or using automatic sampling
equipment. Grab samples may be taken manually. Composite samples may be
retrieved with automatic sampling equipment or performed manually with aliquots
of grab samples.
(3) To the extent reasonably practicable, samples will be collected to obtain a
representative characterization of the user's discharge. Samples may be flow or
time proportional.
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(4) Users shall install and maintain an appropriate monitoring facility
including, but not limited to, a control manhole and suitable automatic sampling
equipment. Monitoring sites and facilities shall be accessible to the city.
(5) The costs of sample analyses performed by a certified commercial
laboratory shall be assessed directly to the user.
(6) The user may request that the sample analyses be performed by an
independent, certified commercial laboratory. The costs for such analyses shall
be borne by the user.
(7) The charges for sample collection and analysis (laboratory work) shall be
those rates as described in the schedule of costs (fees) for the certified
commercial laboratory currently under contract with the city as described in the
city's oil /grease program manual.
(8) The costs of sample collection and analysis may be assessed daily by the
city or assignee if such monitoring activities indicate to the city that the wastes
are unacceptable or detrimental to the WWF.
(9) Users may be assessed the costs for sample collection and laboratory
analyses. Charges for additional sample collection and laboratory analyses may
be assessed on a daily basis as long as the results show that the user is
discharging unacceptable wastes to the WWF.
(1) It is unlawful for a person to fail to comply with, or violate, the provisions of
this section.
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DIVISION 6. - PRETREATMENT FACILITIES
Sec. 102 -390. - Groundwater remediation and miscellaneous discharges.
(a) Groundwater remediation discharges.
(1) Purpose. The purpose of this section is to provide for the discharge of
treated groundwater from remediation sites by users to the collection system
without causing pass through, upset or interference at the WRFs.
(2) General criteria.
a. The discharge by a user to the WWF of certain liquids or wastes are
prohibited or limited by the provisions set forth in this article or by decision of the
city based upon circumstances of particular situations representing a threat to the
public health, safety or welfare.
b. Groundwater from remediation sites shall be pretreated prior to discharge
to the WWF.
C. A groundwater remediation facility that discharges to the city shall be
classified as a significant industrial user. The user shall submit an industrial
wastewater discharge permit application to the city. The city may require
complete characterization of the groundwater prior to and following treatment
(remediation).
d. The city may impose limitations and monitoring requirements for the
treated discharge to the WWF in accordance with the provisions of this article,
and standards set forth in F.A.C. ch. 62 -550.
100111 �i t:
e. The user shall not discharge untreated or treated groundwater to the
VVWF without written approval of the city or an industrial wastewater discharge
permit.
f. A flow - monitoring device shall be installed on the discharge line in
accordance with the plans approved by the city after considering the
manufacturers recommendations. The flow monitoring shall be provided,
installed, calibrated and maintained at the users expense. The flow measuring
devices shall be calibrated WWF by the user.
g. The user shall provide a monitoring point at its expense for the calibration
of sampler and field data (physical parameters).
h. Groundwater treatment systems shall be designed and operated in
accordance with the best available technology and as approved by the city.
i. Pursuant to the provisions of the industrial user discharge permit, the city
shall require the discharge to the collection system to be monitored on a regular
basis for the determination of compliance with the limits set forth in this article,
(b) Miscellaneous discharges.
(1) Purpose. The purpose of this section is to provide for the discharge of
other types of discharges to the WWF including, but not limited to,
uncontaminated groundwater, roof drainage, cooling water, unpolluted process
water and miscellaneous pumpage.
(2) General criteria.
a. The user shall notify the city in writing prior to the discharge of
miscellaneous types of flows.
1011 Pa &) e
b. The user may be required to submit an industrial wastewater permit
application to the city.
c. The city may impose restrictions, prohibitions or other provisions on the
discharge in accordance with this article.
d. The city may limit the volume of and duration of the discharge to the
WWF. The user shall be responsible for measurement of the flows to the WWF at
their expense. The flow - monitoring device shall be provided, installed and
maintained in accordance with the guidelines set forth by the city.
e. The user shall not discharge these types of flow without prior written notice
from the city or issuance of a permit.
(c) Medical waste.
(1) Hospitals, clinics, medical/dental practitioners' offices, convalescent and
nursing homes, medical/dental laboratories and funeral homes shall dispose of
medical waste, pathological waste, laboratory waste, contaminated medical
waste and waste from expired humans (corpses) in accordance with the latest
edition of guidelines that are published by EPA, the Center for Disease Control
(CDC), the public health department, other appropriate federal or state agency or
the city's pretreatment program, whichever may be the more stringent.
(2) Toxic, biological or contaminated wastes, which are not addressed by the
aforementioned guidelines, shall not be discharged to the city's wastewater
collection system without written permission from the city.
102111age
(3) Hospitals, clinics, medical /dental practitioner offices, convalescent and
nursing homes, medical /dental laboratories and funeral homes shall prepare and
maintain a Biomedical Waste Plan for review of the city.
(4) Enforcement actions shall proceed in accordance with the provisions set
forth in this article.
(d) Sand and grit interceptors.
(1) Purpose. The purpose of this section is to minimize the introduction of
sand and grit into the collection system.
(2) General criteria.
a. The discharge by a user to the WWF of liquids containing certain
constituents may be prohibited or limited pursuant to the provisions of this article.
b. Wastes containing excessive amounts of sand and grit shall be directed to
the interceptor.
C. Sand and grit interceptors (traps shall be provided at the user's expense.
The interceptor shall be installed, operated and maintained in accordance with
the plans approved by the city considering the manufacturers recommendations.
d. Sand and grit interceptors shall be designed and installed to
accommodate the anticipated range of flows.
e. Sand and grit interceptors shall be installed for easy access for cleaning
and inspection by the city or other appropriate party or entity. Sand and grit
interceptors shall be serviced and emptied of their contents on a regularly
scheduled basis to maintain efficient operation at all times.
103 111
f. Wastes removed from the sand and grit interceptors shall not be
discharged into the WWF. The user shall maintain a log of cleaning activities and
a file on site of the records and documents related to the sand and grit
interceptor. Record /documents retained in the file should include, at a minimum,
as -built drawings, manufacturers instructions, log of cleaning activities, receipts,
hauler information, site inspection reports and monitoring data.
(e) Failure to comply. It is unlawful for a person to fail to comply with, or
violate, the provisions of this section.
Sec. 102-391. - Maintenance of internal plumbing system and building
sewer.
(a) All building sewers connected to the municipal wastewater and sewage
system shall have an internal plumbing system, which meets or exceeds the
standards of the applicable plumbing code.
(b) The owner of the property served by the public sewer shall be responsible
for the proper operation and maintenance of the building sewer, specifically, all
plumbing from the public sewer into and including, but not limited to, the building
drain.
(c) The city shall have the right to inspect the building sewer and to cause
discontinuance of water and/or sewer service to any property where the plumbing
is not maintained in a sanitary and effective operating condition or if the public
sewer facilities may be harmed thereby.
(d) It is unlawful for a person to fail to comply with, or violate, the provisions of
this section.
1.041 11
Sec. 702 -392. - Pretreatment facilities.
(a) If pretreatment is required through the issuance of an industrial
wastewater discharge permit as provided in this article, users of the WVVF shall
design, construct, operate and maintain such wastewater pretreatment facilities
whenever necessary to reduce, modify or eliminate the user's wastewater
discharge to achieve compliance with the limitations in wastewater strength set
forth in this article, to meet applicable national categorical pretreatment
standards, or to meet any other wastewater condition or limitation contained in
the user's permit. If required by the city, plans, specifications and operating
procedures for such wastewater pretreatment facilities shall be prepared by a
registered professional engineer, and shall be submitted to the city for review.
Prior to beginning construction of the pretreatment facility, the user shall submit a
set of final construction plans and specifications to the city. Prior to beginning
construction, the user shall also secure any and all environmental, building,
plumbing or other permits as may be required by federal, state, regional or local
law, rule or regulation. A compliance schedule and reporting procedures will be
established in the industrial wastewater discharge permit in accordance with this
article. The user shall construct the pretreatment facility within the time provided
in the user's wastewater discharge permit, Following completion of construction,
the user shall provide the city with as -built drawings. Neither the filing of the
plans nor the issuance of a permit shall be construed to indicate that the city in
any way vouches for or warrants the performance capabilities of any facilities
constructed pursuant to such plans, specifications or data. Subsequent
105 111 � �
alterations or additions to such pretreatment or flow- control facilities shall not be
made without prior notice to, and approval by, the city.
(b) It is unlawful for a person to fail to comply with, or violate, the provisions of
this section.
Sec. 102 -393. - Control manhole.
(a) Required for certain users (requiring pretreatment before discharging to
the city's WiNF). The owner of any property serviced by a building sewer carrying
industrial wastes shall install a suitable control structure or manhole or sampling
box together with necessary meters and other appurtenances, in the building
sewer, to facilitate observation, sampling and measurement of the wastes.
(b) Location; approval of plans. The structures, manholes and appurtenances
shall be accessibly and safely located and shall be constructed in accordance
with plans approved by the city.
(c) Payment of costs; maintenance. The structures, manholes and
appurtenances shall be installed by the owner, at the owner's expense, and shall
be maintained by the owner so as to be safe and accessible at all times.
(d) Notice to install. The owner shall install the structures, manholes and
appurtenances within 30 days from the date the lateral connection is made to the
sewer, or, if no structure, manhole or appurtenance was required at the time the
building sewer was installed, the owner shall install the structure, manhole or
appurtenance within 30 days of written notice by the city as to the need and
requirement for them by the city.
(e) Installation by city.
106111agc
(1) If the manhole is not installed within the time provided in this section, the
city shall have the right to enter into a contract for installation of the manhole at
the owner's expense, and the cost of installing the manhole, together with the
administrative cost to the city necessary to process the installation of the
manhole, shall be paid by the owner.
(2) If not paid within 30 days from the date installation is completed, the
unpaid costs, together with lawful interest thereon, shall be a lien upon the
property wherein the user is situated. The city shall be entitled to institute
foreclosure proceedings for the collection of the unpaid costs and interest
thereon. Such proceedings shall be conducted in accordance with law. The city
shall be entitled to collect reasonable attorney's fees from the owner for services
rendered by the city attorney in the institution and prosecution of the foreclosure
proceedings.
(3) Liens created under this section shall, upon the request of the user or
owner of the property affected, and upon payment of all installation and
administrative costs and lawful interest thereon, be released by a certificate
executed by the mayor, or the city manager if delegated to the city manager,
attested by the city clerk and shall bear the seal of the city. The issuance of such
certificate shall constitute prima facie evidence of the existence or nonexistence
of any such unpaid costs, and shall, in the absence of fraud perpetrated by the
party requesting it, be binding upon the city as to the existence or nonexistence
of any lien created under this section.
107111 a c
(f) Failure to comply. It is unlawful for a person to fail to comply with, or
violate, the provisions of this section.
Sec. 102 -394. - Tests and analyses.
(a) All tests and analyses of the characteristics of waters and wastes to which
reference is made in this article, shall be performed by a certified laboratory in
accordance with the techniques prescribed in 40 CFR 136, entitled "Guidelines
Establishing Test Procedures for Analysis of Pollutants," or a method approved
by the FDEP and the city, and shall be determined at the control structure
provided for in this article, or upon suitable samples taken at the control manhole.
(b) If no special structure has been required, the control structure shall be
considered to be the nearest downstream manhole in the public sewer to the
point at which the building sewer is connected; provided that the city shall be
permitted to take samples within the premises of the user, including samples
from lagoons, ponds and other places.
(c) Any user of the sewage system, which has been found to be discharging
pollutants, which exceed those levels set forth in article, shall be charged with the
cost of testing and analysis.
(d) It is unlawful for a person to fail to comply with, or violate, the provisions of
this section.
Sec. 102 -395. - Industrial waste surcharges.
(a) Such producers of industrial waste or other mixtures as indicated in this
article, for which the cost of treatment is greater than the normal fees and
1081PU)g
charges paid by such a producer, shall pay to the city a sewer service surcharge
as determined by the city.
(b) The sewer service surcharge shall be determined by sampling and testing
or contract. In either case, payments shall be based upon current surcharge
rates as defined in the city's user charge system.
(c) The individual user shall, on a regular basis, sample and have analyzed
by a certified testing laboratory the flow of industrial waste or other mixtures as
indicated in this article to determine the quantity and quality of effluent under
average conditions, and a surcharge shall be charged and billed to the producer
of excess wastes on a quarterly basis.
(1) Three -month periods shall begin as contractually arranged between the
city and the industrial user.
(2) Periods of less than three months will be billed for on a prorated basis.
(3) The city may sample industrial effluent at its discretion.
(d) In cases where the contract method is used, billing by the city shall be
made as provided in this section.
(e) It is unlawful for a person to fail to comply with, or violate, the provisions of
this section.
Sec. 102 -396. - Acceptance of hazardous wastes; user classes; permit fee.
(a) If any waters or wastes are discharged or are proposed to be discharged
to the public sewers, which waters contain the substances or possess the
characteristics enumerated in this article, and which have been determined by
the city to have a deleterious effect on the public sewer system, processes,
109 €.11agc
equipment or receiving waters, or which otherwise may create a hazard to life or
constitute a public nuisance, the city may:
(1) Reject the wastes;
(2) Require pretreatment to an acceptable condition prior to discharge to the
public sewers;
(3) Require control over the quantities and rates of discharge; or
(4) Require payment pursuant to the provisions of this article to cover the
added cost of handling and treating the wastes not covered by existing taxes or
sewer charges.
(b) The following, at a minimum, shall appear in the permit application:
(1) Notification procedures including, but not limited to, those for immediately
notifying the city and a list of contact persons and telephone numbers for those
responsible to monitor the permit.
(2) Procedures to prevent adverse impacts from any accidental or sludge
discharge. Such procedures shall include, but are not limited to:
a. Maintenance of storage areas.
b. Handling and transfer of materials.
C. Loading and unloading operations.
d. Control of plan site runoff.
e. Worker training.
f. Building of containment structures or equipment.
g. Measures for containing toxic organic pollutants including, but not limited
to, solvents.
1101Pa�e.
h. Measures and equipment for emergency response.
(3) Description of employee training programs to prevent accidental or sludge
discharges and how to handle such episodic occurrences.
(c) The class descriptions and permitting fee shall be as follows:
Class
Description
(1)
Class
Categorical industrial users shall obtain a "discharge permit ".
One
Inspections site will be made by the city to assure compliance with
federal, state, regional and local laws, rules and regulations.
(2)
Class
Significant industrial users shall obtain a "discharge permit" and
Two
periodic site visit will be made by the city to assure compliance with
federal, state, regional and local laws, rules and regulations.
(3)
Class
Minor users shall obtain a "discharge permit" and periodic site visit will
Three
be made by the city to assure compliance with federal, state, regional
and local laws, rules and regulations.
(4)
Class
Oil and grease discharger. User shall obtain an "oil and grease
Four
discharge permit" and periodic site visit will be made by the city to
assure compliance with federal, state, regional and local laws, rules
and regulations.
(d) Any user or industry storing hazardous or toxic chemicals on the site shat
submit a spill containment plan to the city.
(e) All classes shall be assessed a permit fee. The city will assign costs of
permits on the basis of generally accepted practices, principles and costs of the
program. The minimum amount for each permit will be $100.00. This fee will be
adjusted according to the complexity of the application. Class four permit fee may
be included in the city's oil /grease management program manual.
(f) If the city permits the pretreatment or equalization of waste flows, the
design and installation of the plants and equipment shall be subject to the review
and approval of the city and subject to the requirements of all applicable codes,
ordinances and laws, Where preliminary treatment or flow -- equalizing facilities are
Ill 1PaOe
provided for any waters or wastes, they shall be maintained continuously in
satisfactory and effective operation by the permit holder, at his expense, as
required by this article.
(g) It is unlawful for a person to fail to comply with, or violate, the provisions of
this section.
Sec. 902 -397. - Application and issuance; conditions.
(a) A Wastewater discharge permit — Users who proposes to begin or
recommence discharging to the POT VV must obtain such permit prior to the
beginning or recommencing of such discharge. An application for this individual
wastewater discharge permit , must be filed at least 90 days prior to the date
upon which any discharge will begin or recommence.
(b) Existing dischargers. All dischargers of industrial wastewater into the city's
sewer system prior to the effective date of the ordinance from which this article is
derived are hereby granted temporary authority to continue to discharge
industrial wastewaters in compliance with the city's codes, regulations and
policies. This temporary authority shall expire 90 days after the date of
notification by the city of the requirement for a discharger to make application for
an industrial wastewater discharge permit. If, prior to the expiration date, the
discharger has filed for an industrial wastewater discharge permit pursuant to
subsections (a) and (d) of this section, then its temporary authority to discharge
will continue. In such case, this temporary authority shall expire on the date the
industrial wastewater discharge permit is issued or denied. After the expiration of
its temporary authority to discharge, if the permit application is denied due to
1.12111a g c
insufficient Pretreatment, determined to violate part or some of requirements (or
not in compliance) of this article, the discharger shall stop any discharge to the
city's sewer system. Only after the required conditions are met or after approval
(pending an appeal) will the discharger be allowed to continue its discharge to
the sewer system. Any person discharging pursuant to the temporary authority
provided in this subsection is subject to all provisions of this article, and such
authority may be suspended or revoked in accordance with the terms and
procedures set forth in this article.
(c) Permit Compliance with conditions. No permit holder shall discharge
industrial wastewaters in excess of the quantity, rate of discharge or quality
conditions specified in the permit. Any person desiring to modify his discharge in
a manner, which would violate conditions of the person's permit, shall apply for
an amended permit.
(d) Application. Existing and proposed new users seeking or requiring a
permit shall complete and file with the city an application in the form prescribed
by the city. Proposed new industrial users shall file their applications at least 90
days prior to their discharging to the WWI=. The applicant shall submit, at a
minimum, where appropriate as determined by the city:
(1) The name, address, telephone number and location, if different from the
address, of the applicant, the name of the owner of the premises from which
industrial wastes are intended to be discharged, and the name of a local
representative duly authorized to act on behalf of the company.
11311)a�e
(2) The SIC code according to the Standard Industrial Classification Manual
issued by the United States Office of Management and Budget, as amended or
as amended in the future.
(3) Environmental Permits. A list of any environmental control permits held by
or for the facility.
(4) Description of Operations. A brief description of the nature, average rate
of production (including each product produced by type, amount, processes, and
rate of production), and standard industrial classifications of the operation(s)
carried out by such User.
(5) Raw material used: Including average & maximum used per day.
(6) Chemical used: Including average & maximum used per day.
(7) Wastewater flows: The total plant flow should include domestic
wastewaters, regulated process wastewaters, cooling water plus any other
manufacturing wastewaters. Indicate whether continuous or batch discharging is
occurring.
(8) Individual flows (gallons /day), Average and maximum flows from regulated
processes, In some cases these wastewaters are combined. If so, please
indicate if the volumes reported are summation of any regulated processes.
Indication of whether discharges are continuous or batch.
(9) Inclusion. A schedule of all industrial process waste flows produced before
and after pretreatment, if any, at the premises, including daily volume and
wastewater constituents and characteristics as determined by representative
11.4�I'a�zc
samples and analyses done by a qualified laboratory acceptable to the city and in
accordance with standard and generally accepted methods.
(10) Estimated time and duration of discharge within a 20 percent tolerance.
(11) Site plans, floor plans, mechanical and plumbing plans and details to show
all sewers, sewer connections and appurtenances by size, location and elevation
and all points of discharge.
(12) A description of each product produced, by type, amount, process and rate
of production.
(13) A description of the type and amount of raw materials processed, including
average and maximum per day.
(14) The number and type of employees, and hours of operation of the plant and
proposed or actual hours of operation of the pretreatment system.
(15) Any other information as may be deemed by the city to be necessary to
evaluate the permit application.
(16) Permit fees as determined by the city.
(e) Application signatories and certification. All wastewater discharge permit
applications and user reports shall be executed by an authorized representative
of the user, as defined in Section 102 -252, and be submitted with a corporate
information printout from the Florida Department of State (for corporate entities),
(1) If the designation of an Authorized Representative 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 written authorization satisfying the requirements of this Section
115 113 g
must be submitted to the City prior to or together with any reports to be signed by
an Authorized Representative.
(2) A facility determined to be a Non - Significant Categorical Industrial User by
the city as defined in Section 102 -252 must annually submit the signed
certification state. [Note: See 40 CI"R 403.3(v)(2)] as follows:
"I certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or persons who
manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief,
true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including, but not limited to, the possibility of fine
and imprisonment for knowing violations."
(f) Issuance.
(1) The city will act only on applications that are accompanied by a report,
which contains all the information required in subsection (d) of this section.
Persons who have filed incomplete applications will be notified by the city that the
application is deficient and notified of the nature of such deficiency, and will be
given 30 days to correct the deficiency. Upon receipt of complete applications,
the city shall review and evaluate the applications and shall propose such special
permit conditions as deemed advisable to protect the public interest. All industrial
11611'aoe.
wastewater discharge permits shall be expressly subject to all the provisions of
this article and all other applicable ordinances, laws and regulations.
(2) Issuance of a permit shall not relieve the discharger from complying with
all applicable laws, regulations and ordinances promulgated by other government
authority, nor shall the issuance of a permit be construed as a representation by
the city that the discharge permitted therein complies with all of such laws,
regulations and ordinances. Permits are issued solely to govern the discharge of
wastewater into the public sewer system and the applicable receiving waters, are
between the discharger and the city, and shall not be construed to benefit any
third party.
(g) Permit requirements and restrictions. The requirements and restrictions in
permits shall be enforced by the city and will include, but shall not be limited to,
the following:
(1) A statement that indicates wastewater permit duration (which in no event
shall exceed 5 years).
(2) A statement that the wastewater discharge permit is nontransferable
without prior notification to the city in accordance with section 102 -406 and
provisions for furnishing the new owner or operator with a copy of the existing
wastewater discharge permit.
(3) Effluent limits, including best management practices, based on applicable
general pretreatment standards in this chapter, categorical pretreatment
standards, local limits, and State and local law.
117111a,c.
(4) The maximum permissible concentration of wastewater constituents based on
applicable pretreatment standards or local limits which ever is the most stringent.
(5) Limits on the rate and time of discharge, or requirements for flow regulation
and equalization.
(6) Requirements to include, but not be limited to, an identification of pollutants to
be monitored, sampling, location, sampling frequency, and sample type based on
federal, state or local law, rule or regulation.
(7) Pretreatment of industrial wastewater before discharge.
(8) Compliance schedules, including requirements for periodic compliance
reports, which shall be submitted a minimum of twice per year on categorical
industries.
(9) Specifications for self - monitoring programs, which may include sampling
locations, frequency and method of sampling, flow metering, number, types and
standards for tests and reporting schedule.
(10) Prohibition of discharge of certain wastewater constituents.
(11) Requirements for submission of periodic discharge reports, to include
information concerning volume, rate of flow, constituent concentrations, peak
flow rates, hours of operation, number of employees or other information.
(12) Requirements for maintaining and retaining plant records relating to
wastewater discharge as specified by the city, and affording the city access
thereto.
(13) Requirements for notification of the city for any new introduction of
wastewater constituents or any substantial change in the volume or character of
11811'a2" e
the wastewater constituents being introduced into the wastewater treatment
system.
(14) Requirements for notification of slug or accidental discharges.
(15) Requirements to control Slug Discharge, if determined by the Director to be
necessary.
(16) Other conditions as deemed appropriate by the city to ensure compliance
with this article.
(18) Statement that civil and criminal penalties for violation of pretreatment
standards and requirements are possible and any applicable compliance
schedule. Such schedule may not extend the time of compliance beyond that
required by applicable federal, state or local law.
(20) Prohibition of use of dilution as a substitute for treatment,
(22) Monitoring waivers and/or reporting requirements for a pollutant neither
present nor expected to be present in the discharge according to 40 CFR
403.12(e)(2).
(h) User responsibility. The city may require that any or all of the pretreatment
requirements or restrictions be provided by the user, at the user's expense,
(i) Duration. Permits shall be issued for any specified period of time, not to
exceed five years.
0) Modification. The terms and conditions of any permit may be modified by
the city during the life of the permit to accommodate changed conditions and as
federal, state, regional and local laws, rules and regulations and case decisions
are modified or amended. Permit holders shall be informed of any proposed
1191PaL)
changes in their respective permits at least 60 days prior to the effective date of
change, and shall be allowed a comment period relating to any of the proposed
changes in their permits within the first 30 days after issuance of such proposed
change by the city. The city shall allow a discharger a reasonable period of time
to comply with any changes in the permit required by the city, unless otherwise
required by emergency or governmental regulations. The permit holder may
petition the city for modification of permit based on changed conditions. The city
shall review such petition with such supporting data as he deems necessary and
take appropriate action.
(k) Multiple connections; transfer. A separate permit shall be required for
each wastewater connection discharging directly or indirectly into the sewer
system. For each discharger having multiple connections at a single plant or
facility, a single permit shall be required, which may set forth specific effluent
limitations and conditions for discharge from each separate connection.
Wastewater discharge permits are issued to a specific user for a specific
operation. A wastewater discharge permit shall not be assigned or transferred or
sold to a new owner or new user, or used for different premises, unless approved
by the city, and any such attempted assignment, transfer or sale shall be void
and of no affect.
(1) Renewal. The industrial user shall apply for permit renewal a minimum of
180 days prior to the expiration of the user's existing permit. Any modification
request shall be accompanied by supporting data and will be reviewed in
accordance with this article.
120 111 a ( e
(m) Appeals. The city shall provide public notice of the issuance of a
wastewater discharge permit. Any person, including the user, may petition the
city to reconsider the terms of a wastewater discharge permit within 30 days of
notice of its issuance.
(1) Failure to submit a timely petition for review shall be deemed to be a
waiver of the administrative appeal.
(2) In its petition, the appealing party shall 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.
(3) The effectiveness of the wastewater discharge permit shall not be stayed
pending the appeal unless controlling legal authority mandates to the contrary.
(4) If the city fails to act within 30 days, a request for reconsideration shall be
deemed to be denied. Decisions not to reconsider a wastewater discharge
permit, not to issue a wastewater discharge permit, or not to modify a wastewater
discharge permit shall be considered final administrative actions for purposes of
judicial review.
(5) Aggrieved parties seeking judicial review of the final administrative
wastewater discharge permit decision shall do so by filing a complaint with the
Eighteenth Judicial Circuit Court in and for Seminole County within 30 days of
final administrative action on the petition for review,
Sec. 102 -398. - Spill containment plan; notification of discharge.
Each industrial user shall establish a spill containment plan. The plan shall
contain, at a minimum, the following elements:
12111'agoe
(1) Protection from accidental discharges. Each user shall provide protection
from accidental discharge of prohibited materials or other substances regulated
by this article. Facilities to prevent accidental discharge of prohibited materials
shall be provided and maintained at the owner's or user's own cost and expense.
Detailed plans showing facilities and operating procedures to provide this
protection shall be submitted to the city for review, and shall be approved by the
city before construction of the facility. All existing users shall complete such a
plan by the date specified by the industrial wastewater discharge permit. No new
user who begins discharge to the WWF after the effective date of this article may
introduce pollutants into the system until accidental discharge procedures have
been approved and it shall be unlawful to do so.
(2) Telephone notification. Any person causing or suffering any discharge,
whether accidental or not, which presents or may present an imminent or
substantial endangerment to the health and welfare of persons or to the
environment, or which is likely to cause interference with the WWF, shall notify
the city immediately by telephone. In the absence or unavailability of the city,
notification shall be given to the city employee then in charge of the treatment
works. It shall be the obligation of the reporting person to provide written
verification to the city promptly after the telephone notification occurs.
(3) Written report; control of discharge during restoration of treatment facility.
Within five days following such occurrence, the user shall provide the city with a
detailed written report describing the cause of the dangerous discharge and the
measures to be taken by the user to prevent similar future occurrences. Such
1221PL� ()e.
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 WWF, 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 law. Furthermore, the industrial user shall control its production,
or all its discharges, to the extent necessary to maintain compliance with all
applicable federal, state, regional and local laws, rules and regulations upon
reduction, loss or failure of its treatment facility and until the facility is completely
restored or an alternative and equally effective method of pretreatment 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.
(4) 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 ensure that all employees who
may cause or suffer such a dangerous discharge to occur are advised of the
emergency notification procedure.
Sec. 102 -399. - Confidentiality of information.
(a) Information and data on a user obtained from reports, surveys,
wastewater discharge permit applications, wastewater discharge permits, and
monitoring programs, and from the city'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 city that the release of such
information would divulge information, processes, or methods of production
1231Patigc
entitled to protection as trade secrets under applicable state law. Any such
request shall be asserted at the time of submission of the information or data.
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, but shall be made available immediately upon request to
governmental 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.
(b) The provisions of this section shall be read in pari materia with and
construed and applied in harmony with the public records laws of the state.
Sec. 102 -400. - Sampling fees.
Annual operation costs of the city's WWF for activities required under this article
shall be recovered, in accordance with the policies of the city, through fees
charged to the industries and users. Each user may be billed for each scheduled,
unscheduled or demand monitoring visit performed. The billing may include direct
costs incurred by the city, or its authorized agent, in sampling, inspecting and
laboratory analyses, adjusted to reflect administrative, legal and other indirect
costs incurred by activities that may be required under this division. All self -
monitoring costs incurred by any user, including, but not limited to, the cost of
sampling, analysis and reporting, shall be borne by the user.
1241Page
Sec. 702 -401. - Reports.
(a) Compliance reports, industrial users subject to categorical pretreatment
standards (categorical industrial users) and industrial users not covered by
categorical pretreatment standards (noncategorical industrial users) shall submit
to the control authority such reports as are necessary to assess and assure
compliance with applicable pretreatment standards and requirements, including
but not limited to baseline monitoring reports (BMRs), 90 -day compliance reports,
and periodic compliance reports required under any and all federal, state,
regional and local laws, rules and regulations,
(b) Signature Certification of reports. All reports submitted by an . industrial
user pursuant to its permit shall be certified:
(1) By an authorized or duly authorized representative of the user according
to the definition provided in section 102 -252 of this Article.
(2) If an authorization under subsection (b)(3) of this section 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 subs Gtk)
listed in Sec 102 -252 of this Article shall be submitted to the control
authority prior to or together with any reports to be signed by an authorized
representative. Such certification shall read as follows:
"1 certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gather and evaluate the
1,251 P 1 (7, e
information submitted. Based on my inquiry of the person or persons who
manage the system, or those persons directly responsible for gathering the
information, the information submitted is to the best of my knowledge and belief,
true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment for
knowing violations.
(c) Baseline monitoring reports.
(1) Within either 180 days after the effective date of a categorical
pretreatment standard or the final administrative decision on a category
determination, whichever is later, existing categorical users currently discharging
to or scheduled to discharge to the WWF shall submit to the city a report which
contains the information listed in subsection (2), below. At least 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 city a report which contains the information listed in
subsection (2), below. 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.
(2) Users described above shall submit the information set forth below. The
Director may require users to submit all or some of the following information as
part of a permit application:
a, Identifying information. The name and address of the facility, including the
name of the operator and owner.
12G�t'��c
b. Environmental permits. A list of any environmental control permits held by
or for the facility.
C. 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 WWI= from the regulated processes.
d. Flow measurement. Information showing the measured average daily and
maximum daily flow, in gallons per day, to the WWF from regulated process
streams and other streams, as necessary, to allow use of the combined waste
stream formula.
e. Measurement of pollutants.
1 . The categorical pretreatment standards applicable to each regulated
process and any new categorically regulated processes for Existing Sources.
2. The results of sampling and analysis identifying the nature and
concentration, and /or mass, where required by the standard, or by the
city, of regulated pollutants in the discharge from each regulated
process.
3. Instantaneous, daily maximum and longterm average concentrations, or
mass, where required, shall be reported.
4. The sample shall be representative of daily operations and shall be
analyzed in accordance with procedures set out in this article. Where the
Standard requires compliance with a BMP or pollution prevention alternative, the
User shall submit documentation as required by the city or the applicable
1271P,�i c
Standards to determine compliance with the Standard.
5. Sampling shall be performed in accordance with procedures set out in this
article.
f. Certification. A statement, reviewed by the user's authorized
representative and certified by a qualified professional, indicating whether
pretreatment standards are being met on a consistent basis, and, if not, whether
additional operation and maintenance (O &M) and/or additional pretreatment is
required to meet the pretreatment standards and requirements.
g. Compliance schedule. If additional pretreatment and/or O &M will be required
to meet the pretreatment standards, the shortest schedule by which the user will
provide such additional pretreatment and/or O &M. The completion date in this
schedule shall not be later than the compliance date established for the
applicable pretreatment standard.
h. Signature and certification. All baseline - monitoring reports shall be signed
and certified in accordance with this section,
i. Other users. All users not required to obtain a wastewater discharge
permit shall provide appropriate reports to the city as the city may require.
(d) Compliance schedule progress reports.
(1) The following conditions shall apply to the compliance schedule:
a. 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,
128 111
hiring an engineer, completing preliminary and final plans, executing contracts for
major components, commencing and completing construction, and beginning and
conducting routine operation);
b. No increment referred to above shall exceed nine months;
c. The user shall submit a progress report to the city no later than 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
d. In no event shall more than nine months elapse between such progress
reports to the city.
(e) Reports on compliance with categorical pretreatment standard deadline,
Within 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 WWF, any user subject to such
pretreatment standards and requirements shall submit to the city a report
containing the information described in this section. For users subject to
equivalent mass or concentration limits established in accordance with the
procedures in F.A.C. ch, 62- 625.410, 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
129 111 g
include the user's actual production during the appropriate sampling period. All
compliance reports shall be executed and certified in accordance with this article.
(f) Periodic compliance reports.
(1) All significant industrial users shall, at a frequency determined by the city
but in no case less than twice per year (in June and December), submit a report
indicating the nature and concentration of pollutants in the discharge which are
limited by pretreatment standards and the measured or estimated average and
maximum daily flows for the reporting period. All periodic compliance reports
shall be signed and certified in accordance with this article.
(2) All wastewater samples shall be representative of the user's discharge.
Wastewater monitoring and flow - measurement facilities shall be properly
operated, kept clean, and maintained in good working order at all times. The
failure of a user to keep its monitoring facility in good working order shall not be
grounds for the user to claim that sample results are unrepresentative of its
discharge.
(3) If a user subject to the reporting requirement in this section monitors any
pollutant more frequently than required by the city, using the procedures
prescribed in section 102 -394, the results of this monitoring shall be included in
the report.
(g) Reports of changed conditions.
(1) All users shall notify the city 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 30 days before the change.
130111,i`c
(2) The city may require the user to submit such information as may be
deemed necessary to evaluate the changed condition including, but not limited
to, the submission of a wastewater discharge permit application.
(3) The city may issue a wastewater discharge permit or modify an existing
wastewater discharge permit in response to changed conditions or anticipated
changed conditions.
(4) Notification of changed discharge. All industrial users shall immediately
notify the control authority, (and the public utility if the public utility is not the
control authority) in advance of any change in the volume or character of
pollutants in their discharge that may result in pass through or interference at the
VVVVF, including the listed or characteristic hazardous wastes for which the
industrial user has submitted initial required notification.
(5) For purposes of this requirement, significant changes include, but are not
limited to, flow increases of 20 percent or greater, and the discharge of any
previously unreported pollutants.
(h) Reports of potential problems.
(1) In the case of any discharge including, but not limited to, accidental
discharges, discharges of a nonroutine, episodic nature, a noncustomary batch
discharge, or a slug load, that may cause potential problems for the VVVVF, the
user shall immediately telephone and notify the city 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.
1311Pagc
(2) Within five days following such discharge, the user shall, unless waived by
the city, submit a detailed written report describing the cause(s) of the discharge
and the measures to be taken by the user to prevent similar future occurrences.
Such notification shall not relieve the user of any expense, loss, damage, or
other liability, which may be incurred as a result of damage to the WWF, natural
resources, or any other damage to person or property; nor shall such notification
relieve the user of any fines, penalties, or other liability which may be imposed
pursuant to this chapter.
(3) 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 discharge
described above in subsection (h)(1). Employers shall ensure that all employees,
who may cause such a discharge to occur, are advised of the emergency
notification procedure.
Sec. 102-402. - Notice of violationlrepeat sampling and reporting.
If sampling performed by a user indicates a violation, the user shall notify the
City within 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 city within 30 days after becoming aware of the violation. Resampling by the
Industrial User is not required if the City performs sampling at the User's facility
at least once a month, or if the City performs sampling at the User between the
time when the initial sampling was conducted and the time when the User or the
City receives the results of this sampling, or if the City has performed the
sampling and analysis in lieu of the Industrial User.
132 111 a e
Sec. 102 -403. - Notification of the discharge of hazardous waste.
(a) Any user who commences the discharge of hazardous waste shall notify
the city, the EPA regional waste management division, city, and state hazardous
waste authorities, in writing, of any discharge into the WVVF of a substance
which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261.
Such notification shall include the name of the hazardous waste as set forth in 40
CFR 261, the EPA hazardous waste number, and the type of discharge
(continuous, batch or other). if the user discharges more than 100 kilograms of
such waste per calendar month to the VVWF, the notification also shall contain
the following information to the extent such information is known and readily
available to the user: an identification of the hazardous constituents contained in
the wastes, an estimation of the mass and concentration of such constituents in
the waste stream discharged during that calendar month, and an estimation of
the mass of constituents in the waste stream expected to be discharged during
the following 12 months. All notifications shall take place no later than 180 days
after the discharge commences. Any notification under this paragraph need be
submitted only once for each hazardous waste discharged. However,
notifications of changed conditions shall be submitted under section 102 -396.
The notification requirement in this section does not apply to pollutants already
reported by users subject to categorical pretreatment standards under the self -
monitoring requirements of sections 102397 and 102 -401.
(b) Dischargers are exempt from the requirements of subsection (a), above,
during a calendar month in which they discharge no more than 15 kilograms of
13311)age.
hazardous wastes, unless the wastes are acute hazardous wastes as specified in
40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of
nonacute hazardous wastes in a calendar month, or of any quantity of acute
hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a
one -time notification. Subsequent months during which the user discharges more
than such quantities of any hazardous waste do not require additional
notification.
(c) 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 shall notify the city, the EPA regional waste
management waste division, city, and state hazardous waste authorities of the
discharge of such substance within 90 days of the effective date of such
regulations.
(d) In the case of any notification made under this section, the user shall
certify that it has a program in place to reduce the volume and toxicity of
hazardous wastes generated to the degree it has determined to be economically
practicable.
(e) This provision does not create a right to discharge any substance not
otherwise permitted to be discharged by this article, a permit issued thereunder,
or any applicable federal or state law.
(f) It is unlawful for a person to fail to comply with, or violate, the provisions of
this section.
134111ag) e
Sec. 102 -404. - Analytical requirements.
(a) All pollutant analyses, including sample collection techniques required, to
be submitted as part of a wastewater discharge permit application or report shall
be performed in accordance with the procedures established in the FDEP
standard operating procedures (DEP- SOP - 001101), 40 CFR 136, F.A.C. ch. 62-
160, and amendments thereto, unless otherwise specified in an applicable
categorical pretreatment standard.
(b) Where F.A.C. ch. 62 -160, does not include a sampling or analytical
technique for the pollutant in question, sampling and analysis shall be performed
in accordance with procedures approved by 1✓DEP.
(c) All analysis shall be performed by a certified laboratory.
Sec. 902 -405. - Sample collection.
1a) Samples collected to satisfy reporting requirements must be based on
data obtained through appropriate sampling and analysis performed during the
period covered by the report, based on data that is representative of conditions
occurring during the reporting period. Except as indicated in subsection (b) and
(c) the user shall collect wastewater samples using 24- hour - flow - proportional
composite - collection techniques, unless time - proportional composite sampling or
grab sampling is authorized by the city. Where time - proportional composite
sampling or grab sampling is authorized by the City, the samples must be
representative of the discharge. Using protocols (including appropriate
preservation) specified in 40 CFR Part 136 and appropriate EPA guidance,
multiple grab samples collected during a 24 -hour period may be composited prior
1351Pa<,e
to the analysis as follows: for cyanide, total phenols, and sulfides the samples
may be composited in the laboratory or in the field; for volatile organics and oil
and grease, the samples may be composited in the laboratory. Composite
samples for other parameters unaffected by the compositing procedures as
documented in approved EPA methodologies may be authorized by the City, as
appropriate. In addition, grab samples may be required to show compliance with
Instantaneous Limits.
(b) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides,
and volatile organic compounds shall be obtained using grab - collection
techniques.
�c) For sampling required in support of baseline monitoring and ninety (90)-
day compliance reports (40 CFR 403.12(b) and (d)), a minimum of four (4) grab
samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and
volatile organic compounds for facilities for which historical sampling data do not
exist; for facilities for which historical sampling data are available, the city may
authorize a lower minimum. For the reports required by paragraphs (40 CFR
403.12(e) and 403.12(h)), the Industrial User is required to collect the number of
grab samples necessary to assess and assure compliance by with applicable
Pretreatment Standards and Requirements.
(d) It is unlawful for a person to fail to comply with, or violate, the provisions of
this section.
136 111 a- e
Sec. 102 -406. - Timing.
Written reports will be deemed to have been submitted on the date postmarked.
For reports that are not mailed, postage prepaid, into a mail facility serviced by
the United States Postal Service, the date of receipt of the report by the city shall
govern. Data contained in the report shall be from samples taken during the
period covered by the report in accordance with F.A.C. ch. 62- 625.600(6)(c).
Sec. 102 -407. - Recordkeeping.
(a) Users subject to the reporting requirements of this article shall retain, and
make available for inspection and copying, all records of information obtained
pursuant to any monitoring activities required by this article and any additional
records of information obtained pursuant to monitoring activities undertaken by
the user independent of such requirements.
(b) Records shall include the date, exact place, method, and time of sampling,
and the name of the person(s) taking the samples; the dates that analyses were
performed; who performed the analyses; the analytical techniques or methods
used; and the results of such analyses and documentation associated with best
management practices. These records shall remain available for a period of at
least three years, This period shall be automatically extended for the duration of
any litigation concerning the user or the city, or where the user has been
specifically notified of a longer retention period by the city.
(c) Users that are continuous dischargers shall maintain a record of daily
average pH and temperature readings. Continuous monitoring equipment, which
137 1 Pa p
has a recording capability, may be required. Access to stored data including daily
calibration shall be available and reported, if required.
(d) Users that use contract haulers for disposal off site or remove waste
materials, sludge from their facility shall keep a copy of each manifest and shall
remain available for a period of three years, Wastes removed from the facility
shall be disposed at a permitted facility to receive such wastes. In no way shall
the pumped matter be returned to any private or public portion of the collection
system or the WWF, without prior written approval from the city manager or
designee.
Sec. 102408. - Hauled wastewater.
(a) Septic tank waste. Septic tank waste may be introduced into the WWF
only at locations designated by the city, and at such times as are established by
the city. Such waste shall not violate any section of this article or any other
requirements established by the city. The city may require commercial septic
tank waste haulers to obtain wastewater discharge permits.
(b) Industrial waste haulers. The city shall require haulers of industrial waste
to obtain wastewater discharge permits. The city may require generators of
hauled industrial waste to obtain wastewater discharge permits. The city also
may prohibit the disposal of hauled industrial waste. The discharge of hauled
industrial waste is subject to all other requirements of this article.
(c) Limits on locations to discharge industrial waste. Industrial waste haulers
may discharge loads only at locations designated by the city. No load may be
discharged without prior consent of the city. The city may collect samples of each
13811)agc
hauled load to ensure compliance with applicable standards. The city may
require the industrial waste hauler to provide a waste analysis of any load prior to
discharge. The city may prohibit the disposal of hauled waste after reviewing the
waste analysis and waste - tracking information.
(d) Tracking form for industrial waste haulers. 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 hazardous
wastes.
Sec. 102 -409. - Declaration of exclusion from Florida Administrative
Procedures Act; adoption of rules; powers of city manager.
(a) Nothing contained in this article shall be construed or interpreted to
include the city in the definition of agency contained in F.S. § 120.52, or to
otherwise subject the city to the application of the Florida Administrative
Procedures Act, F.S. ch. 120. This declaration of intent and exclusion shall apply
to all proceedings taken as a result of or pursuant to this article.
(b) The city manager shall have the power and authority to promulgate
administrative rules and formulate incipient city policy in order to implement the
provisions of this article.
139111ag. e
DIVISION 7. - PENALTIES; COSTS
Sec. 102 -430. - General penalty.
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 article, and the
orders, rules, regulations and permits issued under this article, shall be fined not
less than the maximum allowed by law or $1,000.00 for each offense, whichever
sum is less. Each day on which a violation shall occur or continue shall be
deemed a separate and distinct offense. In addition to the penalties provided in
this section, 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 article or the orders, rules, regulations, and
permits issued under this article.
Sec. 102 -431. - Falsifying information; violations causing personal injury or
property damage.
(a) A user who willfully or negligently violates any provision of this article, a
wastewater discharge permit or order issued under this article, or any other
pretreatment standard or requirement, shall, upon conviction, be subject to a fine
of not more than $10,000.00 per violation per day or the maximum allowed by
controlling law (whichever is less), or imprisonment to the maximum term allowed
by law if the City seeks such punishment, or both, or prosecution pursuant to F.S.
Section 403.161, Florida Statutes.
(b) A user who willfully or negligently introduces any substance into the WVVF
which causes personal injury or property damage shall, in addition to actions that
may be taken by the City, upon conviction, be guilty of a misdemeanor and be
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subject to a penalty of not more than $50,000.00, or be subject to imprisonment
for not more than 5years, or both, pursuant to Section 403.161, Florida Statutes.
This penalty shall be in addition to any other cause of action for personal injury or
property damage available under controlling State law.
(c) Any person who knowingly makes any false statement, representation or
certification in any application, record, report, plan or other document filed or
required to be maintained pursuant to this article, or a wastewater contribution
permit, or who falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required under this article, shall, upon conviction, be
punished by a fine of $1,000.00 per violation per day or the maximum allowed by
controlling law (whichever is less), or imprisonment to the maximum term allowed
by law if the City seeks such punishment, or both, or prosecution pursuant to F.S.
Section 403.161, Florida Statutes.
(d) In the event of a second conviction, a user shall be punished by a fine of
not more than $50,000.00 per violation, per day, or imprisonment for not more
than five years, or both, pursuant to Section 403.161, Florida Statutes.
Sec. 102 -432. - Injunctive relief.
When the city finds that a user has violated, or continues to violate, any provision
of this article, a wastewater discharge permit or order issued under this article, or
any other pretreatment standard or requirement, the city may petition the circuit
court of the Eighteenth Judicial Circuit through the City's Attorney for the
issuance of a temporary or permanent injunction, as appropriate, upon approval
of such action by the City Manager, which restrains or compels the specific
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performance of the wastewater discharge permit, order, or other requirement
imposed by this article on activities of the user. The city 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 upon approval of
the City Manager for the City Attorney to take such action. A petition for injunctive
relief shall not be a bar against, or a prerequisite for, taking any other action
against a user.
Sec. 102 -433. - Civil penalty; recovery of expenses associated with
enforcement.
(a) A user who has violated, or continues to violate, any provision of this
article, a wastewater discharge permit or order issued under this article, or any
other pretreatment standard or requirement shall be liable to the city for a
minimum civil penalty of $1,000.00 per violation per day or the maximum allowed
by controlling law (whichever is less), or imprisonment to the maximum term
allowed by law if the City seeks such punishment, or both, or prosecution
pursuant to Section 403.161, Florida Statutes. 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.
(b) The city 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 city.
(c) 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
142 11)
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.
(d) t=iling a suit for civil penalties shall not be a bar against, or a prerequisite
for, taking any other action against a user.
Sec. 102 -434. - Remedies nonexclusive.
(a) The remedies provided for in this article are not exclusive. The city 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
city's enforcement response plan. However, the city may take other action
against any user when the circumstances warrant. Further, the city is empowered
to take more than one enforcement action against any noncompliant user.
Sec. 102 -435. - Affirmative defenses to discharge violations.
(a) Upsets.
(1) For the purposes of this section, "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
subsection (a)(3) of this section are met.
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(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 of the upset;
b. The facility was at the time being operated in a prudent and workmanlike
manner and in compliance with applicable operation and maintenance
procedures; and
C. The user has submitted the following information to the city within 24
hours of becoming aware of the upset. If this information is provided orally, a
written submission must be provided within five days:
1. A description of the indirect discharge and cause of noncompliance;
2. The period of noncompliance, including exact dates and times or, if not
corrected, the anticipated time the noncompliance is expected to continue; and
3. Steps being taken and /or planned to reduce, eliminate, and prevent
recurrence of the noncompliance.
(4) In any enforcement proceeding, the user seeking to establish the
occurrence of an upset shall have the burden of proof,
(5) Users will have the opportunity for a judicial determination on any claim of
upset only in an enforcement action brought for noncompliance with categorical
pretreatment standards.
(6) Users shall control production of all discharges to the extent necessary to
maintain compliance with categorical pretreatment standards upon reduction,
loss, or failure of its treatment facility until the facility is restored or an alternative
1441Pag(c
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) Violation of prohibited discharge standards. A user shall have an
affirmative defense to an enforcement action brought against it for
noncompliance with the prohibitions in section 102 -271, with the exception of
section 102 - 271(1), (3) and (14), 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:
(1) A local limit exists for each pollutant discharged and the user was in
compliance with each limit directly prior to, and during, the pass- through or
interference; or
(2) No local limit exists, but the discharge did not change substantially in
nature or constituents from the user's prior discharge when the city 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) Bypasses.
(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
145111�iO,
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
provisions of subsections (c)(3) and (4) of this section.
(3) If a user knows in advance of the need for a bypass, it shall submit prior
notice to the city, at least ten days before the date of the bypass, if possible. A
user shall submit oral notice to the city of an unanticipated bypass that exceeds
applicable pretreatment standards within 24 hours from the time it becomes
aware of the bypass. A written submission shall also be provided within five 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 city may waive the
written report on a case -by -case basis if the oral report has been received within
24 hours.
(4) Bypass is prohibited, and the city 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;
1461
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
backup equipment should have been installed in the exercise of reasonable
engineering judgment to prevent a bypass which occurred during normal periods
of equipment downtime or preventive maintenance; and
C. The user submitted notices as required under subsection (c)(3) of this
section.
The city may approve an anticipated bypass, after considering its adverse
effects, if the city determines that it will meet the three conditions listed in this
subsection (4).
Section 3. Implementing Administrative Actions. A new section of the
City Code of the City of Sanford, Florida is created to read as follows:
(a) . The City Manager is hereby authorized to administer the provisions
of this Ordinance in such manner, and using such processes, as determined to
be in the best interests of the City to include, but not be limited to, the adoption of
forms and rules.
(b). The City Manager is hereby authorized to pursue collection
activities relative to fines imposed against code violators in such manner, and
using such processes, as may be in the best interests of the City and may
authorized collection agencies and the City Attorney to pursue collections in a
manner consistent with controlling law.
Section 4. Penalties; Enforcement.
(a). Any actions or matters relating to the subjects and matters
addressed by this Ordinance which are not permitted, are prohibited, or are
accomplished in a manner not consistent with the provisions of this Ordinance
are prohibited and unlawful.
(b). Any person found to be in violation of this Ordinance shall be
subject to the fine provisions and code enforcement provisions to the maximum
extent authorized by State law and the City of Sanford may take any enforcement
action and seek any legal remedy available under controlling Florida law.
(c) . The City Manager, in conjunction with the City Attorney, may also
enforce the provisions of this Ordinance by any means authorized by controlling
Florida law including, but not limited to, the statutory and home rule code
enforcement powers of the City.
Section 5. Conflicts.
All ordinances or parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed and the City Code codifier is hereby directed to
take all actions necessary to implement the provisions of this Ordinance in that
regard.
Section 6. Savings.
The prior actions of the City of Sanford relating to regulations relating to
the regulation of environmental enforcement and wastewater regulation, as well
as related matters and processes activities relating thereto or permitted within the
City of Sanford, are hereby ratified and affirmed.
1481JIa,gfe
Section 7. Codification.
(a). It is the intention of the City Commission of the City of Sanford,
Florida, and it is hereby ordained, that the provisions of this Ordinance shall be
codified into the Code of Ordinances of the City of Sanford, provided, however,
that Sections 4, 5, 6, 7, 8, and 9 shall not be codified. Additionally, the code
codifier shall have liberal authority to codify the provisions of this Ordinance.
(b). As stated herein, the City of Sanford Oil /Grease Program Manual
is attached to Ordinance Number 3895 as Exhibit "A" shall continue to be
maintained in the Office of the City Clerk and shall be made available to the
public and shall be provided as a link in the electronic codification of the City
Code. The City's Utility Standards and Specifications Manual which is attached to
this article shall be likewise treated.
Section 8. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is
determined to be invalid, unlawful or unconstitutional, said determination shall not
be held to invalidate or impair the validity, force or effect of any other section,
sentence, phrase, word, or portion of this Ordinance not otherwise determined to
be invalid, unlawful, or unconstitutional.
Section 9. Effective Date.
This Ordinance shall take immediate effect upon enactment.
149 111 a g e
Passed and adopted this 24 Ih day of February, 201 a
Attest
William L. Colbert, City Attorney
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mm