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3510
ORDINANCE NO. 3510 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, REPEALING ORDINANCE NO., 1735, SEWER ORDINANCE, AND REPLACING IT WITH THIS ORDINANCE NO. 3510, AS REQUIRED BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AS PART OF THE CITY' S WASTEWATER TREATMENT PLANT OPERATING PERMIT DUE TO UPDATED RULES AND REQUIREMENTS; ESTABLISHING THE REQUIREMENTS AND PROCEDURES TO REGULATE THE USE OF SANITARY AND STORM SEWERS: PROVIDING FOR PROPER DISCHARGE OF WATERS AND WASTES INTO THE CITY SEWER SYSTEM: REGULATING DISCHARGE OF CERTAIN WASTES: PROVIDING PENALTIES: PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, the City Commission of the City of Sanford, Florida, deems it in the best interests to repeal Ordinance No. 1735 and replace it with this Ordinance No. 3510, as required by the Florida Department of Environmental Protection as part of the City's waStewater treatment plant operating permit due to updated rules and requirements. NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA AS FOLLOWS: SECTION 1: Ordinance No..1735, adopted on January 14, 1985, is hereby repealed and replaced in its entirety by the following: 1. GENERAL PROVISIONS 1.1 Purpose and Policy This ordinance sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the City of Sanford, Florida, and enables the City to comply with applicable State law (Chapter 403 of the Florida Statutes and Chapter 62-625, F.A.C.) and Federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations (40 CFR, Part 403). The objectives of this ordinance are: (a) To prevent the introduction of pollutants into the municipality wastewater system which will interfere with the operation of the system or contaminate the resulting sludge; 1 (b) To prevent the introduction of pollucants into the ...... municipal.wastewater system which will pass through · ' the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system; (c) To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; (d) To provide for equitable distribution of the cost of the municipal wastewater system; and (e) To protect both Wastewater Facility personnel, who may be affected by wastewater and sludge in the course of their employment, and the general public. The ordinance provides for the regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain non-domestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires users reporting, assumes the existing customer's capacity will not be preempted, and provides for the setting of fees for the equitable distribution of costs resulting from. the program established hefein. This ordinance shall apply to the City of Sanford and to persons outside the City who are, "'by contract or agreement with the City, Users of the City Wastewater Treatment Facility. Except as otherwise provided herein, the City Manager shall administer, implement, and enforce the provisions of this ordinance. 1.2 Definitions Unless the context specifically indicates otherwise, the following terms and phrases, as used in this ordinance, shall have the meanings hereinafter designated: (1) Act or "the Act", The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et. seq. (2) Approval Authority. The Department of Environmental Protection. (3) Authorized Representative of Industrial User. An authorized representative of an Industrial User may be: (1) A principal executive officer of at least the level of vice-president, if the Industrial User is a corporation, partnership or proprietorship, respectively; (3) A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect :" discharge originates. 2 (4) Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the biochemical oxidation of , ' organic matter under standard laboratory procedure, five (5) days at 20 degrees centigrade expressed terms of weight and concentration (milligrams per liter (mg/1)). (5) Building Sewer. A sewe~ conveying wastewater from the premises of a User to the Wastewater Treatment Facility. (6) Categorical Standards. National Categorical Pretreatment Standards or Pretreatment Standard. 7) Chemical Oxygen Demand (COD). A measure of the oxygen equivalent of the organic matter of a sample that can be oxidized by using a strong chemical oxidizing agent under acidic conditions. 8)City. The City of Sanford or the City Comnlission of Sanford. 9) .City Manager. Person appointed by the City Commission to manage the City. (10) Collection System. The system of public sewers to be operated'by the City of Sanford or public sewers connected to the City system collecting wastewater. (11)Combined Sewer. Pipe or conduit which receives both stormwater and sanitary sewage. (12) Cooling Water. The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat. (13) Department. The Florida Department of Environmental Protection. (14) Direct Discharge. The discharge of treated or untreated wastewater directly to the waters of the State of Florida. (15) Domestic Wastewater. Wastewater derived principally from dwellings, commercial building, institutions, and industry resulting from household or toilet wastes resulting from human occupancy. (16) Environmental Protection Agency, or EPA. The U.S. Environmental Protection Agency, or where appropriate the term may also be used as a designation for the Administrator or other duly authorized official of said agency. (17) Existin~ Source. Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretrea~ment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act. (18) Grab Sanlple. 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. (19 Holdir~g Tank Waste. Any waste Ifrom holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks. 20 Indirect Discharge. The discharge or the introduction of nondomestic pollutants from any source regulated under Chapter 403, F.S., into the WWF (including holding tank waste discharged into the system). 21 Industrial or Commercial Waste. The liquid waste from · industrial, commercial or institutional processes as .distinct from domestic or sanitary sewage,. 22 Instantaneous Maximum Allowable Discharge L~mit, The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event. (23 Interference. A discharge which, alone or in conjunction with a discharge or discharges from other sources, both: . A. inhibits or disrupts the WWF~ its treatment processes or operations, or its domestic wastewater residuals processed, use or disposal; and B. Is a cause of a violation of any requirement of the WWF's permit (including an increase in the magnitude or duration of a violation) or prevents use or disposal of domestic wastewater residuals in compliance with local regulations or rules of the Department and Chapter 403, F.S. I(24) Medical Waste. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. (25) National Categorical Pretreatment Standard or Pretreatment Standard. Any regulation containing pollutant discharge limits promulSaced by the EPA in accordance with section 307(b) and © and the Act (33 U.S.C. 1347 which applies to a. specific category of Industrial Users. (26) National Pollution Discharge Elimination System or NPDES Permit. A'permit issued pursuant to section 402 of the Act (33 U.S.C. 1342). (27) New Source. A. 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 307c of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: (i) the building, structure, facility, or installation is constructed at a site at which no other source is located; or (ii) the building, structure, facility or installation totally replaces the process or production equipment that causes .the discharge of pollutants at an existing source; or (iii) the production or wastewater.generating processes of the building, structure, facility or installation are 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 exiting source should be considered. B. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Section (A) (ii) or (iii) above but otherwise alters, replaces, or adds to existing process or production equipment. C. Construction of a new source as defined under this paragraph has commenced if the owner or operator has: (i) begun or caused to be begin as part of a continuous onsite construction program any placement, assembly, or installation of facilities or equipment, or 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 (ii) entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. (28) Noncontact Cooling Water. Water used for cooling which does. not come into direct contact with any raw material, intermediate product, waste product, or finished product. (29) Pass Through. A discharge which exits the WWF into waters of the U.S. 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 City's NPDES Permit including an increase in the magnitude or duration of a violation. (30) Person~ ,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. The masculine gender shall include the feminine, the singular shall include'the plural where indicated by the context. (31 Ph. The logarithm (base !0) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution. (32 Pollution. The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water. (33) Pollutant. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. (34) Pretreatment or Treatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a WWF. The reduction or alteration can be obtained by physical, chemical or biological processed, or process changes other means, except as prohibited by Rule 62-625.410(5)~ F.A.C. (35) Pretreatment Standards or Standards. Pretreatment 6 standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits. (36) Pretreatment Requirements. Any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user. (37) Prohibited D~scharge Standards or Prohibited Discharges. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 2.1 of this ordinance. (38) Sanitary Sewage. The household and toilet wastes resulting from human occupancy. (39) Sanitary Sewer. Pipe or conduit which carries sewage and to which storm, surface, and ground water are not intentionally admitted. (40) Septic Tank Waste. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. (41) Shall is mandatory; May is permissive. (42) Significant Industrial User. Means, except as provided in C) below, the following: A) All industrial users subject to categorical pretreatment standards under Rule 62-625,410, F.A.C., and 40 CFR Chapter 1, Subchapter N which has been adopted by reference in Chapter 62-660, F.A.C.; and B) Any other industrial user that discharges an average of 25,000 gallons per day or more of process wastewater to the WWF (excluding domestic wastewater, noncontact cooling and · boiler blowdown wastewater); contributes a process waste stream which makes up 5 percent or more of the average dry weather hydraulic organic capacity of the treatment plant; or is designated as such by the control authority on the basis that the industrial user has reasonable potential for adversely affecting the WWF's operation or for violating any pretreatment standard or requirement in accordance with Rule 62-625.500(2)(e), F.A.C. C) Upon finding that an industrial user meeting the criteria in B) above has no reasonable potential for adversely affecting the WWF's operation or for violating any pretreatment standard or requirement, the control authority may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with Rule 7 62-625.500(2)(e), F.A.C., determine that such industrial user is not a significant industrial user. (43) Slug Load or Slug. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Section 2.1 of this ordinance. (44) State. State of Florida. (45) Standard Industrial Classification (SICk. A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972. (46) Stormwater. Any flow occurring during or following any form of natural precipitation and resulting therefrom. (47 Suspended Solids. The total suspended matter that floats on the surface of, 'or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering. (48 Toxic Pollutant. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CWA 307(a) or other Acts. (49) User. Any person who contributes, causes or permits the contribution of wastewater into the City's WWF. (50) Utility Director. That person or his authorized representative, designed by the City to administer the City's sewer system. (51) Wastewater. The liquid and water-carried industrial· or domestic wastes .from dwellings, commercial buildings, industrial facilities, and institutions, together with may be present, whether treated or untreated, which is contributed into or permitted to enter the WWF. (52) Wastewater Contribution Permit. As set forth in Section 4.1 of this ordinance. (53) Wastewater Facility (WWF). Means any or all of the following: the collection/transmission system, the treatment plant, and the reuse or disposal system. (54)WWF Treatment Plant. That portion of the WWF designed to provide treatment to wastewater. 1,3 Abbreviations The.following abbreviations shall have the designated meanings: · BOD ~ Biochemical Oxygen Demand. · CFR - Code of Federal Regulations. · COD - Chemical Oxygen Demand. · DEP - Florida Dept. of Environmental Protection · EPA - Environmental Protection Agency · FAC - Florida Administrative Code · ! - Liter. · ~ - Milligrams. · mg/L - Milligrams per liter, · NPDES - National Pollutant Discharge Elimination System. · SIC - Standard Industrial Code · SWDA - Solid Waste. Disposal Act, 42 U.S.C. 6901, et seq. · USC - United States Code · TSS - Total Suspended Solids · wWF - Wastewater Facility 2. REGULATIONS 2.1 General Discharge Prohibitions No User shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will cause pass through or interfere with the"operation or performance of the WWF. These general prohibitions apply to all such Users of a WWF whether or not the User is subject to National Categorical Pretreatment Standards or any other National, State, or local Pretreatment Standards or Requirements. A user may not contribute the following substances to any WWF: (a) Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the WWF or to the operation of the WWF including, but not limited to, wastestreams with a closed-cup flashpoint of less thanl40 degrees'IFahrenheit ( 60 degrees Celsius) using the test methods specified i~ 40 CFR 261.21. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates~ perchlorates, bromates, carbides, hydrides and sulfides and any other substances which the City, the State or EPA has notified the User is a fire hazard or a hazard to the system. (b) Solid 'or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to: grease, garbage with particles greater than one- half inch (~"). in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass~ straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining, or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes. (c Any wastewater having a pH less than 5.0 or more than 9.0, unless the WWF is specifically designed. ~ to accommodate such wastewater, or wastewater. having any other corrosive property .capable of causing damage or hazard to structures, equipment, and/or personnel of the WWF. (d) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect inthe receiving waters of the WWF, or to exceed the limitation set forth in a Categorical Pretreatment Standard. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307(a) of the Act. (e) Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair. (f) Any substance which may cause the WWF,s effluent or any other product of the WWF such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case, shall a substance discharged to the WWF cause the WWF to be in non-compliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act=~ 10 any crlteria, guidelines, orregul~tions affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or State criteria 'applicable to the sludge management method being used. (g) Any substance which will cause the WWF to violate its NPDES and/or State Disposal System Permit or the receiving water quality standards. (h) Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions. (I) Any wastewater having a temperature which 'will inhibit biological activity in the WWF treatment plant resulting in Interference, but in no case wastewater with a temperature at the introduction into the WWF which' exceeds 40'degrees C (104 degrees F) unless the WWF treatment plant is designed to accommodate such temperature. (j) Any potlutants, including oxygen demanding · pollutants (BOD, etc.) released at a flow rate and/or pollutants concentration which a' user knows or has reason to know will cause interference to the WWF. . (k) Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Utility Director in compliance with applicable State or Federal regulations. (1) Any wastewater which causes a hazard to human life or creates a public nuisance. (m) petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through. (n) Trucked or hauled pollutants. (o) Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test. When the Utility Director determines that a User(s) is contributing to the WWF, any of the above enumerated substances in such amounts as to Interfere with the operation of the WWF, the Utility Director shall: 1) Advise the User(s) of the impact of the contribution on the WWF; and 2) Develop effluent limitation(s) for such User to correct the Interference with the WWF. 2.2 Federal Cat. e~or~ca! Pretreatment Standards 11 '· Upon promulgation of the Federal Categorical Pretreatment Standards for a particular industrial subcategory, the Federal Standard, if more stringent than limitations imposed under 'this Ordinance for sources in that subcategory, shall ir~ediately supersede the limitations imposed under this Ordinance. The Utility Director shall notify all affected Users of the applicable reporting requirements under Chapter 62-625.600 F.A.IC. 2.3 Specific Pollutant Limitations No person shall discharge wastewater or any substance containing in excess of the following limits and measured at the point of discharge into the sewer system: Arsenic 0.2 mg/1 Cadmium 0 1 mg/1 Chromium, Total 3 8 mg/1 Copper, Total 4 1 mg/1 Lead 0 4 mg/1 Mercury 0 0002 mg/1 Molybdenum 0 2 mg/1 Ni'ckel 17 mg/1 Selenium 0.3 mg/1 Silver 0.02 mg/1 Zinc 6.3 mg/! Tetrachloroethylene 0.5 mg/1 Toluene 1.4 mg/1 Ethybenzene 1.6 mg/1 Benzene 0.1 mg/1 0il & Grease !00 mg/1 or any substance that will pass through or inhibit the wastewater treatment facilities and exceed State and/or Federal requirements for receiving waters. Specific pollutant limitations for industrial discharges shall meet national categorical pretreatment standards. 2.4 State Requirements State requirements and limitations on discharges shall apply in any case where they are more stringent than Federal requirements and limitations or those in this Ordinance. 2.5 City's Right of Revision 12 The City reserves the right to establisn by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in Section 1.i of this Ordinance. 2.6 Excessive Discharge No User shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with thelimitations contained in the Federal Categorical Pretreatment Standards, or in any other pollutant-specific limitations developed by the City or State 2.7 New or Increased Contributions Each user is required to notify the WWF of any planned significant changes to the user's operations or system which might alter the nature, quality or volume of the. user's wastewater at least 90 days before such change takes place. The WWF may require the user to submit information as deemed necessary to evaluate the changed condition including the modification 'to an existing · permit as well as the issuance of a new permit. No User shall implement the planned changes until and unless the WWF has responded to the user's notice. For-purposes of this requirement flow increases of 10 % or greater, and the discharge of any previously unreported pollutants, shall be deemed.significant. The City reserves the right to refuse, deny, or condition new or increased contributions of pollutants, or changes in the nature of potlutants. 2.8 RepOrts of Potential Problems Each User shall provide protection from accidental discharge of prohibited materials or other substances regulated by this Ordinance. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user's own cost and expense. In the case of any discharge including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, or a slug load which may cause potential problems for the WWF, it is the responsibility of the industrial user to immediately telephone and notify the City of the incident. This notification shall include the location of discharge, type of waste, concentration and volume, if-known, and corrective actions taken by the industrial user. Written Notice: Within five (5) days following an accidental discharge, the User shall submit to the Utility Director a detailed written report describing the cause of the discharge and the measures to be taken by 13 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, 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. Notice to Employees: A notice shall be permanently posted on the User's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause or suffer such a dangerous discharge to occur. are advised of the emergency notification procedure'. 2.9' Accidental Discharge/Slug Control Plans At least once every two (2) years, the City shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The City may require any user to develop, submit for approval, and implement such a plan. Alternatively, the. City .may develop such a plan for any user. An .accidentall discharge/slug control plan shall address, at a minimum~ the following: · (a) Description of discharge practices, lincluding nonroutine batch discharges; (b) Description of stored chemicals; (c) Procedures for immediately notifying the City of any accidental or slug discharge, as required by Section 6.6 of this ordinance; and (d) 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. 3. FE~S 3.1 Purpose It is the purpose of this chapter to provide for the recovery of costs from Users of the City's wastewater disposal system for the implementation of the program established herein. ~'The applicable charges or 'fees shall be set forth in the City's Schedule of. Charges'and Fees. 3.2 Charges and Fees The City may adopt charges and fees which may include: (a) Fees for reimbursement of costs of setting up and operating the City's Pretreatment Program; (b) Fees for monitoring, inspection and surveillance procedures, including but not limited to costs for lab analysis of wastewater samples. (c) Fees for reviewing accidental discharge procedures and construction; (d) Fees for permit applications; (e) Fees for filing appeals; (f) Fees for consistent removal of pollutants otherwise subject to Federal Pretreatment Standards; (g) Other fees as the City may deem necessary to carry out the requirements contained herein. Those fees relate solely to the matters covered by this Ordinance and are separate from all other fees chargeable by the City. 4. ADMINISTRATION 4.1 Wastewater Contribution Permits 4~1.1 General Permits All significant users proposing to connect to or to .contribute to the WWF shall obtain a Wastewater Contribution Permit before connecting to or contributing to the WWF. All existing significant users connected to or contributing to the WWF shall obtain a Wastewater Contribution Permit within 180 days after the effective date of this Ordinance. 4.1.2 Permit Application Users required to obtain a Wastewater Contribution Permit shall complete and file with the City, an application in the form prescribed by the City, and accompanied by a fee of $100.00. Existing users shall apply for a Wastewater Contribution Permit within 180 days after the effective date of this Ordinance, and proposed new users shall apply 15 for a permit prior to co~nlecting to or contributing to the WWF. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information: (a) Name, address, and location (if different from the address}; (b) SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended; (c) Wastewater constituents and characteristics as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by Chapter 62-625.600(1)(e) F.A.C.; (d) Time and duration of contribution; (e) Average daily and 30 minute peak wastewater flow rates, including daily, monthly'and seasonal variations if any~ (f)-Site plans, floor plans, mechanical and- plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation; (g) Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged; (h) Where known, the nature and concentration of any.pollutants in the discharge which are limited by any City, state, or Federal Pretreatment Standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional Operation and Maintenance (O&M) and/or additional pretreatment is required for the User to meet applicable Pretreatment Standards; (I) 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. The completion date in this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard; 16 The following conditions shall apply to this schedule: (1) 'The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the'construction and operation of additional pretreatment required for the User to meet the applicable Pretreatment Standards (e.g., hiring an engineer, completing preliminary planst completing final plans, executing contract for major components, commencing construction, completing construction, etc.). (2) No increment referred to in paragraph.(1) shall exceed 9 months. (3) Not later than 14 days following each date in the schedule and the final date for compliance, the User shall' submit_a compliance schedule progress report' to the Utility Director including, as -a minimum, whether or not it complied with the increment of progress to be~met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the User to return the construction to the schedule established. In no event shall more than 9 months elapse between such progress reports to the Utility Director. j) Each product produced by type, amount, process or processes and rate of production; (k) Type and amount of raw materials processed (average and maximum per day); (1) Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system; (m) Any other information as may De deemed by the City to be necessary to evaluate the permit .application. -The City will evaluate 'the data furnished by 17 the user and may requ'~re additional information. After evaluation and acceptance of data furnished, the City may issue a Wastewater Contribution Permit subject to terms and conditions provided herein. 4.1.3 Permit Modifications Within 9 months of the promulgation of a National Categorical Pretreatment Standard, the Wastewater Contribution Permit of Users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a User, subject to a National =Categorical Pretreatment Standard, has not previously submitted an application for Wastewater Contribution Permit'as required by a 4.1.2, the User shall apply for a Wastewater Contribution Permit within 180 days after the =promulgation of the Applicable National Categorical Pretreatment Standard. In addition, the User 'with an existing Wastewater Contribution Permit shall submit to the Utility Director within 180 days after the promulgation of an applicable Federal Categorical Pretreatment Standard the information required by paragraphs (h) and (I) of Section 4.1.2. 4.1.4 Permit Conditions Wastewater Discharge Permits shall be expressly subject to all provisions of this Ordinance and all other applicable regulations, user charges and fees established by the City. Permits may contain the following: (a) The unit charge or schedule of user charges and fees for the wastewater to e discharged to a community sewer; (b) Limits on the average and maximum wastewater constituents and characteristics; (c) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization; (d) Requirements for installation and maintenance of inspection and sampling facilities; (e) Specifications for monitoring programs which may include sampling locations, 18 frequency of sampling, number, types and. standards for tests and reporting schedule; (f) Compliance schedules; (g) Requirements for submission of technical reports or discharge reports; (h) Requirements for maintaining and retainins plant records relating to wastewater discharge as specified by the City, and affording City access thereto; .(i) Requirements for notification of the City and any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system; · (j) Requirements for notification of slug discharges; (k) "All of the required conditions in 62- 625,500(2)(a)2. shall be included in 'the wastewater discharge permit. · (1) Other conditions as deemed appropriate by the City to ensure compliance with this Ordinance. 4.1.5 Permit Duration Permits shall be issued annually. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The terms and conditions of the permit may be subject to modification by the City during the term of the permit as limitations or requirements are modified or other just cause exists. The User shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. 4.1.6 Permit Transfer Wastewater Discharge Permits are issued to a specific User for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new User, different premises, or a new or changed operation without the approval of the City. Any succeeding owner or User shall 19 also comply with the terms al,~ 'conditions of the existing permit. 4.1.7 Permit A~pea]s Any person, including the user, may petition the City to reconsider the terms of a wastewater discharge permit within thirty (30) days of notice of its issuance. (a) Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal. (b) In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit. (c) The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal. (d)' If the City fails to act';w'ithinthirty (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. (e) Aggrieved parties seeking review of the final administrative wastewater discharge permit decision must do so by filing an appeal with the City Commission within thirty (30) days. 4.1.8 Permit Modifications The City may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons: (a) To incorporate any new or revised Federal, State~ or local pretreatment standards or requirements; (b) To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance; 20 (c) A change in the WWF that requires either a temporary or permanent reduction or elimination of the authorized discharge; (d) Information indicating that the permitted discharge poses a treat to the City's WWF, City personnel, or the receiving waters; (e) Violation ~of any terms or condition of the wastewater discharge permit; (f) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting; (g) Revision of or a grant of variance from categorical pretreatment standards pursuantto Chapter 62-625,700, F.A.C.; (h) To correct typographical or other errors in the wastewater discharge permit; or (i) To reflect a transfer of the facility ownership or operation to a new owner or operator. (Note: Modification for this purpose may not be allowed unless the permit is transferable as provided in Section 4.1.6.) 4.1.9 Permit Reissuance A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a completed permit application., in accordance with Section 4.1.2 of this ordinance, a minimum of thirty (30) days prior to the expiration of the user's existing wastewater discharge permit. 4.2 Reporting Requirements for Permittee 4.2.1 Baseline Monitoring Report (a) Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under Rule 62- 625,410(2)(d), F.A.C., 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 paragraph b, below. 21 At least ninety (90) days prior to commencement of their discharge, new sources~ and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the City -a report which contains the information listed in paragraph b,-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. (b) Users described above shall submit"the information set forth below. (1) Identifying Information. The name and address of the facility, · including the nameof the operator and owner. (2) Environmental Permits. A list of .~ any environmental control pe~its held by or for the facility. (3) Description of Operations. A.brief description of the nature, average rate 'of production, and standard industrial classification of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the WWF from the regulated processes. (4) 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 wastestream formula set out in Rule 62-625.410(6). (5) Measurement of Pollutants. (a) The categorical pretreatment standards applicable to each regulated process. (b) The results of sampling and analysis identifying the'nature and concentration, and/or mass,' where required by the standard 22 or by the City, of regulated poltutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedure set out in Section 4.2.8 of this ordinance. (6) Certification. A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (OaM) and/or additional. pretreatment is required to meet the pretreatment standards and requirements. (7) Conlpl~ance'Schedu]e. 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/O.r The completiondate in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in Section 4.2.2 of this ordinance. (8) Signature and Certification. All baseline monitoring reports must be signed and certified in accordance with Section 4.2.6 of this ordinance. 4.2.2 Compliance Schedule Progress Reports The following conditions shall apply to the compliance schedule required by Section 4.2.(b)(7) of this ordinance: (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 23 operation of additiona_ pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation); b) No increment referred t0 above shall exceed nine (9) months; (c) The user shall submit a progress report to the City no later than fourteen (14) days following each date in the schedule and the final 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 (9) months elapse between such progress reports to the City. 4.2.3 Reports on ComDliance with Categorical Dretreatment Standard Deadline. Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the WWF, any user subject to such pretreatment standards and requirements shall submit to the City a report containing the information described in Section 4.2.1(b)(4-6) of this ordinance. For users subject to equivalent mass or concentration limits established in accordance with the procedures in Rule 62-625,410(4)(c) F.A.C., this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 4.2.6 of this ordinance. 24 4.2.4 Periodic Conlpliance Repo~cs Any Significant Industrial User subject to a Pretreatment Standard, after the compliance date of such Pretreatment Standard, or, in the case of a New Source, after commencement of the discharge into the WWF, shall submit to the City twice per year (in June and December), unless required more frequently in the Pretreatment Standard or by.the City, a report indicating the nature and concentration, of pollutants in the effluent which are limited by such Pretreatment Standards. 4.2.5 Reports from Nonsignificant Industrial Users All industrial users not subject to categorical pretreatment standards shall provide appropriate reports to the City as required. 4.2..6 Reports from Unpermitted Users All users not required to obtain a wastewater discharge permit Shall 'provide appropriate reports to the City as the City may require." 4.2.7 Notice of Violation/Repeat Sampling and Reporting If sampling performed by a user indicates a violation, the user must notify the City within. twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the City· within thirty (30) days after becoming aware of the violation. The user is not required to resample if the City monitors at the user's facility at least once a month, or if the City samples between the user's initial. sampling and when the user receives the results of this sampling. 4.2.8 Notification of the Discharge of hazardous Waste (a) Any user who commences the discharge of hazardous waste shall notify the WRF, the EPA Regional Waste Management Division Director, and State hazardous waste authorities, in writing , of any discharge into the WRF of a substance which, if otherwise disposed of, would be a hazardous waste under Chapter 62-730, 25 ~-~ F.A.C.. Such notification must include the name of the hazardous waste as set forth in Chapter 62-730, F.A.C., the EPA hazardous waste number, and' the type of discharge (continuous, batch, or other). If the user discharges more than one hundred (100) kilograms of such waste per calendar month to the WRF, I 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 "expected to be discharged during the following twelve (12)months. All notifications must take place no later than one hundred and eighty (180) days after the discharge ~+~. conmaences. Any notification under this paragraph need'be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under Section 2.7 of this ordinance. 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 4.2.1, 4.2.3, and 4.2.4 of this ordinance. (b) Dischargers are exempt from the requirements of paragraph (a) above, during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute 'hazardous wastes as specified in Chapter 62-730, F.A.C.. Discharge of more than fifteen (15) kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in Chapter 62-730, F.A.C., 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 must notify the City, the EPA 'Regional Waste 26 Management Waste Division Director, and State hazardous waste authoritiesof the discharge of such substance within ninety (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 practical. (e This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this ordinance, a permit issued thereunder, or any applicable Federal or State.law. .4.2.9 Application Signatories and Certification All wastewater discharge permit applications and industrial user reports must ' contain the following certification statement and be signed by an authorized representative of the industrial user. "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." 4.2.10 Record Keeping Industrial Users shall retain, and make available for inspection and copying, all records and information required to be retained under this ordinance. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning compliance with this ordinance, or where the-industry has been 'specifically notified of a longer retention period by the City. 4.2.11 Analytical Requirements All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in Chapter 62-160, F.AiC., unless otherwise specified in an. applicable categorical pretreatment standard, If Chapter 62-160, F.A.C. does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures outlined in Rule 62.625.600(1)(e)6.c., F.A.C. 4.2.12 Sample Collection (a) Except as indicated in Section b., below, the user must collect wastewater samples · . using flow proportional composite. collection techniques. In the event flow proportional sampling is infeasible, the City may authorize the use of time proportional sampling or a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits. (b) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds ·must· be obtained using grab collection techniques. 4.3 Monitorin~ Facilities The City shall require to be provided and operated at the User's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. Analysis of the sample shall be provided, at the User's own expense, by a certified laboratory in conformance with the user's approval permit. .Analysis will be performed annually or in time period approved by the City. The monitoring facility should normally be situated on the user's premises, but the City may, when such a location would be .impractical or cause undue hardship on the User, allow the facility to be constructed in the public street or sidewalk area and 28 located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in or near such. sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the User. When construction on public or private property, the sampling and monitoring facilities shall be provided in accordance .with the City's requirements and all applicable local construction standards and specifications. 4.4 Inspection The City shall inspect the facilities of any User to ascertain whether the purpose of this Ordinance is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the'City or their representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling investigation, records examination and copying or in the performance of any of their duties. The City' shall have the right to set up on the 'User's property such devices as are necessary 'to conduct sampling inspection, compliance monitoring and/or metering operations. Where a User has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the City-will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. 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 devices used to measure wastewater flow and quality shall be calibrated periodically to ensure their accuracy. Unreasonable delays in allowing the City access to the user's premises shall be a violation of this ordinance. 4.4.1 Search Warrants If the City has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this ordinance; or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this ordinance or any permit or order issued hereunder, or to protect the overall public 29 health, safety and welfare of the community, then the City may seek issuance of a search warrant from the County or Circuit Court in the Eighteenth Judicial Circuit. 4.5 Pretreatment Users shall provide necessary wastewater treatment as required to comply with this Ordinance and shall achieve compliance with all Federal Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreatment Regulations. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated, and maintained at the User's expense. Detailed plans showing the pretreatment facilities'and operating procedures shall be submitted to the City for review, and shall be acceptable to the City before construction of the facility. The review of such plans and operating procedures will in no way relieve the User from the responsibility ofmodifying the facility as necessary to produce an effluent acceptable to the City under the provisions of this Ordinance. Any subsequent changes in the pretreatment facilities or' method Of operation shall be reported to and be acceptable to the City prior to the User's initiation of the changes. The City shall annually publish in the local newspaper a list of the Users which were not in compliance with any pretreatment requirements or standards at least once during the twelve (12)previous months. The notification shall also summarize any enforcement actions taken against the User(s) during the same twelve months. All records relating to compliance with Pretreatment Standards shall be made available to officials of the EPA or Approval Authority upon request. 4.6 Confidential Information Information and data on a User obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction 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 entitled to protection as trade secrets of the User. When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this Ordinance, the National Pollutant Discharge Elimination System (NPDES) Permit, State Disposal System permit and/or the Pretreatment Programs; provided, however, that such portions of a report shall be available for use by 30 the State or any State agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the City as confidential, shall not be transmitted to any governmental agency or to the general public by the City until and unless a ten-day notification is given to the User. 4.7 Publication Of Users In Significant Noncompliance The City shall publish annually, in the largest daily newspaper published in the municipality where the WWF is ~ocated, a list of the users which, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall mean: (a) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of wastewater measurements taken during a six-(6)month period exceed the daily maximum limit or average limit for the- same ~pollutant parameter by any amount; '(b) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six-(6)month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except ph); (c) 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 WRF personnel or the general public; (d) Any discharge of pollutants that has caused imminent endangerment to the public or to the environmental, or has resulted in the City's exercise of its emergency authority to halt or prevent such a discharge; (e) Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; (f) Failure to provide within thirty (30) days after the due date, any required reports, including 31 baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules; (g) Failure to accurately report noncompliance; or (h) Any other violation(s) which the, City determines will adversely affect the operation or implementation of the pretreatment program. 5. ENFORCEMRNT 5.1 Harmful Contributions The City may suspend the wastewater treatment service and/or a .Wastewater Contribution Permit when such suspension is necessary, in the opinion of the City, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes Interference to the WWF or causes the City to violate any condition of its NPDES Permit. Any person notified of a su.spension of the wastewater treatment service and/or the Wastewater Contribution Permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the City shall take such steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize damage to the WWF system or endangerment to any individuals. The City shall reinstate the Wastewater Contribution permit and/or the wastewater treatment service upon proof of the elimination of the non- complying discharge. A detailed written statement submitted by the User describing the causes of the harmful contribution and the measures taken 'to prevent any future occurrence shall be submitted to the City within 15 days of the date of occurrence. 5.2 Revocation of Permit Any User who violates the following conditions of this Ordinance, or applicable State and Federal regulations, is subject to having his permit revoked in accordance with the procedures of Section 5 of this Ordinance: (a) Failure of a User to factually report the wastewater constituents and characteristics of his discharge; (b) Failure of the User to report significant changes in operations, or wastewater constituents and characteristics; 32 ~ (c) Refusal of reasonable access to the User's premises for the purpose of inspection or monitoring; or, (d) Violation of conditions of the permit. 5.3 Notification of Violation Whenever the City finds that any User has violated or is violating this Ordinance, wastewater contribution permit, or any prohibition, limitation of requirements contained herein, the City may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the City by the User. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this section shall limit the authority of the City to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation. 5.4 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 will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Sections of this ordinance and shall be judicially enforceable. 5.5 Show Cause Hearing 5.5.1 The City may order the User who causes or allows an unauthorized discharge to enter the WWF to show cause before the City Commission why the proposed enforcement action should not be taken. A notice shall be served on the User specifying the time and place of a hearing to be held by the City Commission regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the User to show cause before the City Commission why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested at least 30 days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause 33 hearing shall not be a bar against, or prerequisite for, taking any other action against the user. 5.5.2 The City Commission may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the City, or it may refer the matter to the City Code Enforcement Board to: (a) Issue in the name of the City Commission notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearing; (b) Take the evidence; (c) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendat'ions to the City Commission for action thereon. "~ 5.5.3 After the City Commission has reviewed the evidence, it may issue an order to the User responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed on existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directires as are necessary and appropriate may be issued. 5.6 Compliance Orders When the City finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the 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 additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance Qrder may not 34 extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user. 5.7 Cease and Desist Orders When the City finds that a user has violated, or continues to violate, any provision of this ordinance, wastewater discharge permit order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the City may issue an order to the user directing it to cease and desist all such violations and directing the user to: a) Immediately comply with all requirements; and b) Take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened 'violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user. 5.8 Administrative Fines a) When the City finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the City may fine such user in an amount not to exceed $ 1000.00. Such fines shall be assessed on a per violation, per day basis. in the case of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violation. b) Unpaid charges, fines, and penalties shall, after thirty (30) calendar days, be assessed an additional penalty of 10 percent (10%) of the unpaid balance , and interest shall accrue thereafter at a rate of 1 ~ percent (1 ~%) per month. A lien against the user's property will be sought for unpaid charges, fines, and penalties. c) Users desiring to dispute such fines must file a written request for the City to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine. Where a request has merit, the City may convene a hearing on the matter. In the event the user's appeal is 35 successful, the payment, together with any interest accruing thereto, shall be returned to the user. The City. may add the costs of preparing administrative enforcement action, such as notices and orders, to the fine. d) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the u~er. 5.9 Emergency Suspensions The City may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The City may also immediately suspend a user's discharge, after notice and opportunity to 'respond, that threatens to interfere with the operation of the WWF, or which presents, or may present, an endangerment to the environment. a) Any userlnotified of a' suspension of its discharge shall .immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with this suspension order, the City may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the WWF, its receiving stream, or endangerment to any individuals. The City may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the City that the period of endangerment has passed, unless the termination proceedings in Section 5.10 of this ordinance are initiated against the user. b) A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the City prior to the date of any show cause or termination hearing under Sections 5.5 or 5.10 of this ordinance. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. 5.10 Termination of Discharge In addition to the provisions in Section 5.2 of this ordinance, any user who violates the following conditions is subject to discharge termination: a) Violation of wastewater discharge permit conditions~ b) Failure to accurately report the wastewater constituents and characteristics of its discharge; c) Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge; d) Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; or e) Violation of the pretreatment standards in Section ' 2 of this ordinance. Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 5.5 of this ordinance why the proposed action should not be taken. Exercise of this option by the City shall not be a bar to, or a prerequisite for, taking any other action against the user. 5.11 Legal Action If any person discharges sewage, industrial wastes or other wastes into the City's wastewater disposal system contrary to the provisions of this Ordinance, Federal or State Pretreatment Requirements, or any order to the City, the City Attorney may commence an action for 'appropriate legal and/or equitable relief in the Court of this county. 6. PENALTY~ COSTS 6.1 Civil Penalties Any User who is found to have violated an Order of the City Commission or who willfully or negligently failed to comply with any provision of this Ordinance, and the orders, rules, regulations'and permits issued hereunder, shall. be fined not less than One Hundred Dollars nor more than One Thousand Dollars for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the City may recover reasonable attorneys' fees, court costs, court reporters' fee and other expenses of litigation by appropriate suit at law against the person found to have violated this Ordinance or the orders, rules, regulations, and permits issued hereunder. 6.2 Falsifying Information a) A user who willfully or negligently violates any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other 37 pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by afine of not more than-S10,000 per. violation, per day, or imprisonment for not more than six (6) months, or both, pursuant to Florida Statutes §403.161. b) A user who willfully or negligently introduces any substance into the WWF which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of not more than $50,000, or be subject to imprisonment for not more than five (5) years, or both, pursuant to Florida Statutes §403.161. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law. c) Any person .who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Ordinance, or Wastewater Contribution Permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring--device or method required under this Ordinance, shall, upon conviction, be punished by a fine of not more than One Thousand Dollars or imprisonment for not more than six months, or by both. d) In,the event of.a second conviction, a user shall be punished by a fine of not more than $50,000 per violation, per day, or imprisonment for not more than five (5) years, or both, pursuant to Florida Statutes §403.161. 6.3 Injunctive Relief When the City finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the 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, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this ordinance on activities of the user. The 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. A petition for injunctive relief Shall not be a bar against, or a prerequisite for, taking any other action against a user. 6.4 Civil Penalties 38 a) A user who has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit, of.order issued hereunder, or any other pretreatment standard or requirement shall be liable to the City for a maximum civil penalty of $ 1,000.00 per violation, per day. In the case of a monthly or other long-termaverage discharge limit, penalties shall accrue for each day during the period of the violation. b) The City may recover reasonable attorney's 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 economic benefit gained through the user's violation, corre'ctive' actions 'by the user, the compliance history of the user, and any other factor as justice requires. d) Filing a suit' for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user. 6.5 Remedies Nonexclusive The remedies provided for in this ordinance 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. 6.6 Affirmative Defenses To D~scharge Violations 6.6.1 Upset a) 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. 39 b) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of paragraph (c), below, are met. c) A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and the user can identify the cause(s) of the upset; (2) The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and (3) The user has submitted the following "= information to the City within twenty- four (24) hours of becoming aware of the upset [if this information is provided orally, 'a written submission must be provided within five.(5) days]: (a) A description of the indirect discharge and cause of noncompliance; (b) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and (c) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance. d) In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof. e) 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. f) .Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment 40 facility is reduced, lost, or fails. 6.6.2 Prohibited Discharge Standards A user shall have an affirmative defense to an enforcement action brought against' it for noncompliance with the prohibitions'in Section 2.1 of this ordinance with the exception of sections 2.1(a), 2.1(c), and 2.1(n) of it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either: a) A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or b) No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior."'~discharge when the 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. 6.2.3 Bypass a) For the purposes of this section, (1) "Bypass" means the intentional diversion of wastestreams from any portion of a user's treatment facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b) A user may allow any bypass to occur 'which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of paragraphs c) and d) of this section. c) (1) If a user knows in advance of the need for a bypass, it shall submit prior 41 notice to the City, at least ten (10) days before the date of the bypass, if possible. (2) A user shall submit oral notice to the City of an unanticipa~ed bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the time it becomes aware of the bypass. A .written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The City may waive the written report on a case-by- case basis if the oral report has been received within twenty-four (24) hours. d) 1) 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; (b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgement to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (c) The user submitted notices as required under paragraph c) of this section. (2) 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 paragraph d)(1) of this section. 42 SRCTION 2 SRV~RARILI~: If any provision, paragraph, word, section or article of this· Ordinance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, and chapters shall not be affected and shall continue in full.force and effect. SECTION 3 C05LICT: ~1 other Ordinances and parts of other Ordinances inconsistent or conflicting with any part of this Ordinance are hereby repealed to the extent of such inconsistency or conflict. SECTION 4 RFFECTI~ DATR: This Ordinance shall become effective 90 days after adoption upon its passage. PASSED ANDSOPTED this day of , 1999. ATTEST: As the City Commission of the City of Sanford, Florida. 43 CERTIFICATE I, Janet R.=.Dougherty, City Clerk of the City of.Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 3510, PASSED AND ADOPTED by the City Commission' of the City of Sanford, Florida, on the da f y o O~~ , 1999, was posted at the front door of the City Hall in the City of Sanford, Florida, on the /~ day of ~~ ,. 1999. ..f. - of Sanford, Florida i:\n~\fites\99\sanfora\ord\~510