4540 Waste Water Discharge in to City SewerOrdinance No. 2020-4540
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 amendment of certain
provisions of Chapter 102, Article IX of the City Code relating
to sewer use and discharge regulations and with particular
regard to dental practice discharges; 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.
Underlined words shall constitute additions to the current text of the City Code, * * * shall
constitute ellipses (spaces where current City Code provisions are omitted for the sake of
the ease of reference), and strike throug shall constitute deletions to current text of the
City Code.
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Section 2. Amendment to provisions of Chapter 102, Article IX of the
City Code. Certain sections of Chapter 102, Article IX of the City Code of the
City of Sanford, Florida are amended to read as follows:
CHAPTER 102
ARTICLE IX
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:
Amalgam separator is a device that employs filtration settlement
centrifugation, or ion exchange to remove amalgam and its metal constituents
from a dental office vacuum system before it discharges to the sewer.
Amalgam waste means and includes non -contact amalgam (amalgam
scrap that has not been in contact with the patient); contact amalgam (including,
but not limited to, extracted teeth containing amalgam); amalgam sludge
captured by chairside traps, vacuum pump filters screens and other amalgam
trapping devices; used amalgam capsules; and leaking or unusable amalgam
capsules.
ANSUADA Standard No. 108 is the American National Standards Institute
and American Dentistry association standard for amalgam separators.
Underlined words shall constitute additions to the current text of the City Code, * * * shall
constitute ellipses (spaces where current City Code provisions are omitted for the sake of
the ease of reference), and sti:ike tlueughs shall constitute deletions to current text of the
City Code.
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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.
With regard to dental amalgam an existing source is any facility subject to the
provisions of Section 102-275 relating to dental dischargers whose first discharge
to the sewer collection system occurred on or before July 14 2017
Hazardous waste pharmaceutical is a pharmaceutical that is a solid waste
as defined in Title 40 of the Code of Federal Regulations (40 CFR) Section
261.2, and exhibits any of the characteristics identified in 40 CFR Part 261
Subpart C or is listed in 40 CFR Part 261 Subpart D.
Healthcare facility means any person that is lawfully authorized to:
a. Provide preventative, diagnostic therapeutic rehabilitative
maintenance or palliative care and counseling service assessment or
procedure with respect to the physical or mental condition or functional status of
a human or animal or that affects the structure or function of the human or animal
body; or
b. Distribute, sell, or dispense pharmaceuticals. This definition
includes, but is not limited to wholesale distributors third -party logistics
providers that serve as forward_ distributors, military medical logistics facilities.
Underlined words shall constitute additions to the current text of the City Code, * * * shall
constitute ellipses (spaces where current City Code provisions are omitted for the sake of
the ease of reference), and strike thFoughs shall constitute deletions to current text of the
City Code.
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hospitals, psychiatric hospitals, ambulatory surgical centers health clinics
Physicians' offices, optical and dental providers chiropractors long-term care
facilities, ambulance services, pharmacies, long-term care pharmacies mail-
order pharmacies, retailers of pharmaceuticals, veterinary clinics and veterinary
hospitals.
C. Healthcare facility does not include pharmaceutical manufacturers.
ISO 11143 is the International Organization for Standardization's standard
for amalgam separators.
4) With regards to dental amalqam, New Source is anv facility subiect
to Sec. 102-275 — Dental Dischargers whose first discharge to the sewer system
occurs after July 14, 2017 and must comply immediately upon commencement of
discharge.
Pharmaceutical means any drug or dietary supplement for use by humans
or other animals; any electronic nicotine delivery system (e.g. electronic
cigarette or vaping pen); or any liquid nicotine (e -liquid) packaged for retail sale
for use in electronic nicotine delivery systems (e.g. pre -filled cartridges or vials).
This definition includes, but is not limited to, dietary supplements as defined by
the Federal Food, Druq and Cosmetic Act; prescription drugs as defined by Title
21 of the Code of Federal Regulations Part 203.3(y); over-the-counter drugs;
Underlined words shall constitute additions to the current text of the City Code, * * * shall
constitute ellipses (spaces where current City Code provisions are omitted for the sake of
the ease of reference), and strike throughs shall constitute deletions to current text of the
City Code.
homeopathic drugs; compounded drugs; investigational new drugs;
pharmaceuticals remaining in non -empty containers; personal protective
equipment contaminated with pharmaceuticals; and clean-up material from spills
of pharmaceuticals. Pharmaceutical does not include dental amalgam or sharps.
Reverse distributor means any person that receives and accumulates
prescription pharmaceuticals that are potentially creditable hazardous waste
pharmaceuticals for the purpose of facilitating or verifying manufacturer credit.
Any person, including forward distributors, third -party logistics providers, and
pharmaceutical manufacturers, that processes prescription pharmaceuticals for
the facilitation or verification of manufacturer credit is considered a reverse
distributor.
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.
Underlined words shall constitute additions to the current text of the City Code, * * * shall
constitute ellipses (spaces where current City Code provisions are omitted for the sake of
the ease of reference), and strike th+eughs shall constitute deletions to current text of the
City Code.
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(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) apply to each industrial user introducing
pollutants into a WWF whether or not the industrial user is subject to 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.
(18) Any hazardous waste pharmaceuticals from healthcare facilities and
reverse distributors.
Underlined words shall constitute additions to the current text of the City Code, * * * shall
constitute ellipses (spaces where current Ciry Code provisions are omitted for the sake of
the ease of reference), and strike thio, ghs shall constitute deletions to current text of the
City Code.
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Sec. 102-275. — Dental Dischargers
(a) All owners and operators of dental facilities that remove or place amalgam
fillings shall comply with the following reporting and waste management
practices:
(1) For existing sources the one-time compliance report is due no later than
October 12 2020 or no later than 90 days after transfer of ownership.
(2) For new sources the one-time compliance report is due within 90 days of
the start of discharge to the sewer collection system.
(3) No person shall rinse chairside traps, vacuum screens, or amalgam
separators equipment in a sink or other connection to the sanitary sewer.
(4) Owners and operators of dental facilities shall ensure that all staff
members who handle amalgam waste are trained in the proper handling,
management and disposal of mercury -containing material and fixer -containing
solutions and shall maintain training records that shall be available for inspection
bV the City's inspector, and other duly authorized employees during normal
business hours.
(5) Amalgam waste shall be stored and managed in accordance with the
instructions of the recycler or hauler of such materials.
(6) Bleach and other chlorine -containing disinfectants shall not be used to
disinfect the vacuum line system.
Underlined words shall constitute additions to the current text of the City Code, * * * shall
constitute ellipses (spaces where current City Code provisions are omitted for the sake of
the ease of reference), and strike th -ough shall constitute deletions to current text of the
City Code.
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(7) The use of bulk mercury is prohibited. Only pre -capsulated dental
amalgam is permitted.
(b) All owners and operators of dental vacuum suction systems, except as set
forth in Subsections (c) and (d) of this Section, shall comply with the following:
(1) An ISO 11143 or ANSUADA Standard No. 108 certified amalgam
separator or equivalent device shall be installed for each dental vacuum suction
system on or before July 14, 2020; provided, however, that all dental facilities
that are newly constructed on and after the effective date of this ordinance shall
include an installed ISO 11143 or ANSUADA Standard No. 108 certified amalgam
separator device. The installed device must be ISO 11143 or ANSUADA
Standard No. 108 certified as capable of removing a minimum of 95% of
amalgam. The amalgam separator system shall be certified at flow rates
comparable to the flow rate of the actual vacuum suction system operation.
Neither the separator device nor the related plumbing shall include an automatic
flow bypass. For facilities that require an amalgam separator that exceeds the
practical capacity of ISO 11143 test methodology, a non -certified separator will
be accepted, provided that smaller units from the same manufacturer and of the
same technology are ISO -certified.
(2) Proof of certification and installation records shall be submitted to the
City's inspector, and other duly authorized employees within 30 days of
installation.
Underlined words shall constitute additions to the current text of the City Code, * * * shall
constitute ellipses (spaces where current City Code provisions are omitted for the sake of
the ease of reference), and strike throughs shall constitute deletions to current text of the
City Code.
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(3) Amalgam separators shall be maintained in accordance with manufacturer
recommendations. Installation certification and maintenance records shall be
available for immediate inspection upon request therefor by the City's inspector,
and other duly authorized employees during normal business hours. Records
shall be maintained for a minimum of 3 years.
(c) Facilities with vacuum suction systems that meet all the following
conditions may apply to the City's inspector, or other duly authorized employee
for an exemption to the requirements of Subsection (b) of this Section:
(1) The system is a dry vacuum pump system with an air -water separator.
(2) The sedimentation tank is non -bottom draining, with the drain above the
anticipated maximum level of accumulated sludge.
(3) Evidence of regular pump outs by a licensed hauler (a minimum of once a
year, or more often if either directed by the manufacturer or necessary to keep
solids from exitingtugh the drain) is maintained and open to inspection by the
City's inspector, and other duly authorized employees during normal business
hours.
(4) The system has no direct discharge pipe to the sewer on the bottom of the
sedimentation tank.
An owner or operator whose facility meets conditions (1) through (4) may apply
for this exemption by written letter to the City's inspector, or other duly authorized
employee. The City's inspector, or other duly authorized employee will review the
Underlined words shall constitute additions to the current text of the City Code, * * * shall
constitute ellipses (spaces where current City Code provisions are omitted for the sake of
the ease of reference), and strike +',,.,,ughs shall constitute deletions to current text of the
City Code.
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system and, if the exemption is approved shall provide a written letter of
exemption.
An exemption obtained pursuant to this Subsection shall expire upon installation
of a new vacuum system Upon expiration of the exemption the facility shall
comply with Subsection (b) of this Section before commencing further operation.
(d) Dental dischargers that exclusive) rV practice one or more of the following
specialties are not subject to the requirements of this Section: (1) orthodontics;
(2) periodontics; (3) oral and maxillofacial surgery; (4) radiology; (5) oral
pathology or oral medicine; (6) endodontistry and prosthodontistry.
(e) Dental practices that do not place dental amalgam, and do not remove
amalgam except in limited emergency or unplanned, unanticipated
circumstances are exempt from the requirements of this Part, provided the
dental practice:
(1) Submits the following statement to the City, executed by a demonstrated
responsible corporate officer, general partner, proprietor, or a duly authorized
representative by the applicable compliance deadline:
"This facilitv is a dental discharqer subject to this rule and does not
place or remove dental amalgam except in limited emergency or
unplanned unanticipated circumstances. I am a responsible
corporate officer, a general partner or proprietor (if the facility is a
partnership or sole proprietorship) or a duly authorized
representative of the above named dental facility, in accordance
Underlined words shall constitute additions to the current text of the City Code, * * * shall
constitute ellipses (spaces where current City Code provisions are omitted for the sake of
the ease of reference), and strike thro„ghs shall constitute deletions to current text of the
City Code.
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with the requirements of 40 CFR § 403.12 (reporting requirements
for publicly owned treatment works and industrial users), and 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."
(2) Removes dental amalgam for limited emergency or unplanned,
unanticipated circumstances, less than 9 times per year and as no more than 5%
of dental procedures; and
(3) The dental practice notifies the City of any changes affecting the
applicability of this certification.
(f) Disposal of hauled wastewater from dental facilities to the sanitary sewer
must be in accordance with Section 102-408 relatinq to hauled wastewater,
Section 102-403 relating to the notification of the discharge of hazardous waste,
and Section 102-396 relating to the acceptance of hazardous wastes; and may
be subject to industrial pretreatment requirements.
Underlined words shall constitute additions to the current text of the City Code, * * * shall
constitute ellipses (spaces where current City Code provisions are omitted for the sake of
the ease of reference), and strike t-oughs, shall constitute deletions to current text of the
City Code.
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(q) Dental dischargers that fail to comply with this Section shall be considered
significant industrial users and shall be subject to the all of the requirements and
penalties set forth in the City Code, State law and Federal law.
Section 3. Implementing Administrative Actions.
Without limiting any prior authorizations, either general or specific in scope
or effect, 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.
Section 4. 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 5. 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 and the City Code and code
enforcement activities thereunder shall continue under the controlling force of
M
Underlined words shall constitute additions to the current text of the City Code, * * * shall
constitute ellipses (spaces where current City Code provisions are omitted for the sake of
the ease of reference), and strike shall constitute deletions to current text of the
City Code.
113
Section 6. Codification.
It is the intention of the City Commission of the City of Sanford, Florida,
and it is hereby ordained, that Section 2 of the provisions of this Ordinance shall
be codified into the Code of Ordinances of the City of Sanford. Additionally,
however, the City's code codifier shall have broad and liberal authority to codify
the provisions of this Ordinance.
Section 7. 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 8. Effective Date.
This Ordinance shall take immediate effect upon enactment
Passed and adopted this gth day of March, 2020.
Attest:
�/Ad,
Traci Houchin, CMC, FCRM, City Clerk
Approved as to form and legal sufficiency
William Colbert, City Attorney
City Commission of the i y of
Sanford, Florida ,
(0
Underlined words shall constitute additions to the current text of the City Code, * * * shall
constitute ellipses (spaces where current City Code provisions are omitted for the sake of
the ease of reference), and strike t r^ughs shall constitute deletions to current text of the
City Code.
Florida Administrative •M. l 62-625.110
62-625.110 Applicability/References.
(1) This chapter applies:
(a) To the discharge of pollutants from nondomestic sources covered by pretreatment standards which are discharged into,
transported by truck or rail, or otherwise introduced into W WFs as defined in subsection 62-625.200(29), F.A.C.;
(b) To public utilities which receive wastewater from sources subject to pretreatment standards and that discharge to surface
waters of the State, or public utilities required to implement a pretreatment program in accordance with chapter 62-610, F.A.C. or 40
C.F.R. parts 146.15 and 146.16, as of July 1, 2009, hereby adopted and incorporated by reference; and,
(c) To any new or existing source subject to pretreatment standards.
(2) This chapter does not apply to industrial wastewater facilities that accept wastewater from another facility for co -treatment,
reuse or disposal, unless such facility discharges to a public utility.
(3) References. The Department adopts and incorporates by reference Title 40 of the Code of Federal Regulations (CFR) Part
441, effective July 14, 2017, %v' flrizles.org/fi<n-reI'C c asn j�o—=,,e03), which contains pretreatment standards
and reporting and recordkeeping requirements for dental dischargers.
Rulemaking Authority403.061(7), (31), 403.0885 FS. Lmv Implemented 403.0885 FS. History—New 11-29-94, Amended 5-10-10,5-23-18.
Title 40 Code of Federal Regulations (CFR) Part 441
(e)
Maintenance of water control and solids retention devices:
All water control devices such as diversion structures and berms and all solids
retention structures such as berms, dikes, pond structures and dams shall be
maintained to continue their effectiveness and to protect from unexpected and
catastrophic failure.
Pt. 441
PART 441—DENTAL OFFICE POINT SOURCE CATEGORY (Eff. 07-14-17)
Sec.
441.10
Applicability.
441.20
General definitions.
441.30
Pretreatment standards for existing sources (PSES).
441.40
Pretreatment standards for new sources (PSNS).
441.50
Reporting and recordkeeping requirements.
Authority:
33 U.S.C. 1251, 1311, 1314, 1316, 1317, 1318, 1342, and 1361.42 U.S.C. 13101-13103.
Source:
82 FR 27126, June 14, 2017, unless otherwise noted.
Effective Date Note:
At 82 FR 27126, June 14, 2017, part 441 was added, effective July 14, 2017.
§ 441.10
Applicability.
(a) Except as provided in paragraphs (c), (d), and (e) of this section, this part applies to
dental dischargers.
(b) Unless otherwise designated by the Control Authority, dental dischargers subject to
this part are not Significant Industrial Users as defined in 40 CFR part 403, and are not
"Categorical Industrial Users" or "industrial users subject to categorical pretreatment
standards" as those terms and variations are used in 40 CFR part 403, as a result of
applicability of this rule.
(c) This part does not apply to dental dischargers that exclusively practice one or more of
the following dental specialties: Oral pathology, oral and maxillofacial radiology, oral
and maxillofacial surgery, orthodontics, periodontics, or prosthodontics.
(d) This part does not apply to wastewater discharges from a mobile unit operated by a
dental discharger.
(e) This part does not apply to dental dischargers that do not discharge any amalgam
process wastewater to a POTW, such as dental dischargers that collect all dental amalgam
process wastewater for transfer to a Centralized Waste Treatment facility as defined in 40
CFR part 437.
(f) Dental Dischargers that do not place dental amalgam, and do not remove amalgam
except in limited emergency or unplanned, unanticipated circumstances, and that certify
such to the Control Authority as required in § 441.50 are exempt from any further
requirements of this part.
§ 441.20
General definitions.
For purposes of this part:
(a)
Amalgam process wastewater
means any wastewater generated and discharged by a dental discharger through the
practice of dentistry that may contain dental amalgam.
(b)
Amalgam separator
means a collection device designed to capture and remove dental amalgam from the
amalgam process wastewater of a dental facility.
(c)
Control Authority
is defined in 40 CFR 403.3(f).
(d)
Dental amalgam
means an alloy of elemental mercury and other metal(s) that is used in the practice of
dentistry.
(e)
Dental Discharger
means a facility where the practice of dentistry is performed, including, but not
limited to, institutions, permanent or temporary offices, clinics, home offices, and
facilities owned and operated by Federal, state or local governments, that discharges
wastewater to a publicly owned treatment works (POTW).
(f)
Duly Authorized Representative
is defined in 40 CFR 403.12(()(3).
(g)
Existing Sources
means a dental discharger that is not a new source.
(h)
Mobile unit
means a specialized mobile self-contained van, trailer, or equipment used in
providing dentistry services at multiple locations.
(i)
New Sources
means a dental discharger whose first discharge to a POTW occurs after July 14,
2017.
0)
Publicly Owned Treatment Works
is defined in 40 CFR 4033(q).
§ 441.30
Pretreatment standards for existing sources (PSES).
No later than July 14, 2020, any existing source subject to this part must achieve the
following pretreatment standards:
(a) Removal of dental amalgam solids from all amalgam process wastewater by one of
the following methods:
(1) Installation, operation, and maintenance of one or more amalgam separators that meet
the following requirements:
(i) Compliant with either the American National Standards Institute (ANSI) American
National Standard/American Dental Association (ADA) Specification 108 for Amalgam
Separators (2009) with Technical Addendum (2011) or the International Organization for
Standardization (ISO) 11143 Standard (2008) or subsequent versions so long as
thatversion requires amalgam separators to achieve at least a 95% removal efficiency.
Compliance must be assessed by an accredited testing laboratory under ANSI's
accreditation program for product certification or a testing laboratory that is a signatory
to the International Laboratory Accreditation Cooperation's Mutual Recognition
Arrangement. The testing laboratory's scope of accreditation must include ANSI/ADA
108-2009 or ISO 11143.
(ii) The amalgam separator(s) must be sized to accommodate the maximum discharge
rate of amalgam process wastewater.
(iii) A dental discharger subject to this part that operates an amalgam separator that was
installed at a dental facility prior to June 14, 2027, satisfies the requirements of
paragraphs (a)(1)(i) and (ii) of this section until the existing separator is replaced as
described in paragraph (a)(1)(v) of this section or until June 14, 2017, whichever is
sooner.
(iv) The amalgam separator(s) must be inspected in accordance with the manufacturer's
operating manual to ensure proper operation and maintenance of the separator(s) and to
confirm that all amalgam process wastewater is flowing through the amalgam retaining
portion of the amalgam separator(s).
(v) In the event that an amalgam separator is not functioning properly, the amalgam
separator must be repaired consistent with manufacturer instructions or replaced with a
unit that meets the requirements of paragraphs (a)(i) and (ii) of this section as soon as
possible, but no later than 10 business days after the malfunction is discovered by the
dental discharger, or an agent or representative of the dental discharger.
(vi) The amalgam retaining units must be replaced in accordance with the manufacturer's
schedule as specified in the manufacturer's operating manual or when the amalgam
retaining unit has reached the maximum level, as specified by the manufacturer in the
operating manual, at which the amalgam separator can perform to the specified
efficiency, whichever comes first.
(2) Installation, operation, and maintenance of one or more amalgam removal
device(s) other than an amalgam
separator. The amalgam removal device must meet the following requirements:
(i) Removal efficiency of at least 95 percent of the mass of solids from all amalgam
process wastewater. The removal efficiency must be calculated in grams recorded to
three decimal places, on a dry weight basis. The removal efficiency must be
demonstrated at the maximum water flow rate through the device as established by the
device manufacturer's instructions for use.
(ii) The removal efficiency must be determined using the average performance of three
samples. The removal efficiency must be demonstrated using a test sample of dental
amalgam that meets the following particle size distribution specifications: 60 percent by
mass of particles that pass through a 3150 pm sieve but which do not pass through a 500
µm sieve, 10 percent by mass of particles that pass through a 500 µm sieve but which do
not pass through a 100 µm sieve, and 30 percent by mass of particles that pass through a
100 µm sieve. Each of these three specified particle size distributions must contain a
representative distribution of particle sizes.
(iii) The device(s) must be sized to accommodate the maximum discharge rate of
amalgam process wastewater.
(iv) The devices(s) must be accompanied by the manufacturer's manual providing
instructions for use including the frequency for inspection and collecting container
replacement such that the unit is replaced once it has reached the maximum filling level
at which the device can perform to the specified efficiency.
(v) The device(s) must be inspected in accordance with the manufacturer's operation
manual to ensure proper operation and maintenance, including confirmation that
amalgam process wastewater is flowing through the amalgam separating portion of the
device(s).
(vi) In the event that a device is not functioning properly, it must be repaired consistent
with manufacturer instructions or replaced with a unit that meets the requirements of
paragraphs (a)(2)(i) through (iii) of this section as soon as possible, but no later than 10
business days after the malfunction is discovered by the dental discharger, or an agent or
representative of the dental discharger.
(vii) The amalgam retaining unit(s) of the device(s) must be replaced as specified in the
manufacturer's operating manual, or when the collecting container has reached the
maximum filling level, as specified by the manufacturer in the operating manual, at
which the amalgam separator can perform to the specified efficiency, whichever comes
first.
(viii) The demonstration of the device(s) under paragraphs (a)(2)(i) through (iii) of this
section must be documented in the One -Time Compliance Report.
(b) Implementation of the following best management practices (BMPs):
(1) Waste amalgam including, but not limited to, dental amalgam from chair -side traps,
screens, vacuum pump filters, dental tools, cuspidors, or collection devices, must not be
discharged to a POTW.
(2) Dental unit water lines, chair -side traps, and vacuum lines that discharge amalgam
process wastewater to a POTW must not be cleaned with oxidizing or acidic cleaners,
including but not limited to bleach, chlorine, iodine and peroxide that have a pH lower
than 6 or greater than 8.
(c) All material is available for inspection at EPA's Water Docket, EPA West, 1301
Constitution Avenue NW., Room 3334, Washington, DC 20004, Telephone: 202-566-
2426, and is available from the sources listed below.
(1) The following standards are available from the American Dental Association
(ADA), 211 East Chicago Ave., Chicago IL 60611-2678, Telephone 312-440-2500,
http://www.ada.org.
(i) ANSI/ADA Specification No. 108:2009, American National Standard/American
Dental Association Specification No. 108 Amalgam Separators. February 2009.
(ii) ANSI/ADA Specification No. 108:2009 Addendum, American National
Standard/American Dental Association Specification No. 108 Amalgam Separators,
Addendum. November 2011.
(2) The following standards are available from the American National Standards
Institute (ANSI), 25 West
43rd Street, 4th Floor, New York, NY 10036, Telephone 212-642-4900,
http://webstore.ansi.org.
(i) International Standard ISO 11143:2008, Dentistry—Amalgam Separators. Second
edition, July 1, 2008.
(ii) [Reserved]
[82 FR 27126, June 14, 2017; 82 FR 28777, June 26, 2017]
§ 441.40
Pretreatment standards for new sources (PSNS).
As of July 14, 2017, any new source subject to this part must comply with the
requirements of § 441.30(a) and (b) and the reporting and recordkeeping requirements of
§ 441.50.
§ 441.50
Reporting and recordkeeping requirements.
(a) Dental Dischargers subject to this part must comply with the following reporting
requirements in lieu of the otherwise applicable requirements in 40 CFR 403.12(b), (d),
(e), and (g).
(1)
One -Time Compliance Report deadlines.
For existing sources, a One -Time Compliance Report must be submitted to the
Control Authority no later than October 12, 2020, or 90 days after a transfer of
ownership. For new sources, a One -Time Compliance Report must be submitted to
the Control Authority no later than 90 days following the introduction of wastewater
into a POTW.
(2)
Signature and certification.
The One -Time Compliance Report must be signed and certified by a responsible
corporate officer, a general partner or proprietor if the dental discharger is a
partnership or sole proprietorship, or a duly authorized representative in accordance
with the requirements of 40 CFR 403.12(1).
(3)
Contents.
(i) The One -Time Compliance Report for dental dischargers subject to this part that
do not place or remove dental amalgam as described at § 441.10(f) must include the:
facility name, physical address, mailing address, contact information, name of the
operator(s) and owner(s); and a certification statement that the dental discharger does
not place dental amalgam and does not remove amalgam except in limited
circumstances.
(ii) The One -Time Compliance Report for dental dischargers subject to the standards of
this part must include:
(A) The facility name, physical address, mailing address, and contact information.
(B) Name(s) of the operator(s) and owner(s).
(C) A description of the operation at the dental facility including: The total number of
chairs, the total number of chairs at which dental amalgam may be present in the resulting
wastewater, and a description of any existing amalgam separator(s) or equivalent
device(s) currently operated to include, at a minimum, the make, model, year of
installation.
(D) Certification that the amalgam separator(s) or equivalent device is designed and will
be operated and maintained to meet the requirements specified in § 441.30 or § 441.40.
(E) Certification that the dental discharger is implementing BMPs specified in
§ 441.30(b) or § 441.40(b) and will continue to do so.
(F) The name of the third -party service provider that maintains the amalgam separator(s)
or equivalent device(s) operated at the dental office, if applicable. Otherwise, a brief
description of the practices employed by the facility to ensure proper operation and
maintenance in accordance with § 441.30 or § 441.40.
(4)
Transfer of ownership notification.
If a dental discharger transfers ownership of the facility, the new owner must submit
a new One -Time Compliance Report to the Control Authority no later than 90 days
after the transfer.
(5)
Retention period.
As long as a Dental Discharger subject to this part is in operation, or until ownership
is transferred, the Dental Discharger or an agent or representative of the dental
discharger must maintain the One -Time Compliance Report required at paragraph (a)
of this section and make it available for inspection in either physical or electronic
form.
(b) Dental Dischargers or an agent or representative of the dental discharger must
maintain and make available for inspection in either physical or electronic form, for a
minimum of three years:
(1) Documentation of the date, person(s) conducting the inspection, and
results of each inspection of the amalgam separator(s) or equivalent device(s), and a
summary of follow-up actions, if needed.
(2) Documentation of amalgam retaining container or equivalent container replacement
(including the date, as applicable).
(3) Documentation of all dates that collected dental amalgam is picked up or shipped for
proper disposal in accordance with 40 CFR 261.5(g)(3), and the name of the permitted or
licensed treatment, storage or disposal facility receiving the amalgam retaining
containers.
(4) Documentation of any repair or replacement of an amalgam separator or equivalent
device, including the date, person(s) making the repair or replacement, and a description
of the repair or replacement (including make and model).
(5) Dischargers or an agent or representative of the dental discharger must maintain and
make available for inspection in either physical or electronic form the manufacturers
operating manual for the current device.
Pt. 442
PART 442—TRANSPORTATION EQUIPMENT CLEANING POINT SOURCE
CATEGORY
Sec.
442.1
General applicability.
442.2
General definitions.
442.3
General pretreatment standards.
Subpart A—Tank Trucks and Intermodal Tank Containers Transporting Chemical
and Petroleum Cargos
442.10
Applicability.
442.11
Effluent limitations attainable by the application of the best practicable control
technology currently available (BPT).
442.12
Effluent limitations attainable by the application of the best conventional pollutant
control technology (BCT).
442.13
Effluent limitations attainable by the application of best available technology
economically achievable (BAT).
442.14
New source performance standards (NSPS).
442.15
Pretreatment standards for existing sources (PSES).
442.16
Pretreatment standards for new sources (PSNS).
Subpart B—Rail Tank Cars Transporting Chemical and Petroleum Cargos
442.20
Applicability.
442.21
Effluent limitations attainable by the application of the best practicable control
technology currently available (BPT).
442.22
Effluent limitations attainable by the application of the best conventional pollutant
control technology (BCT).
442.23
Effluent limitations attainable by the application of best available technology
economically achievable (BAT).
442.24
New source performance standards (NSPS).
442.25
Pretreatment standards for existing sources (PSES).
442.26
Title 40 Coda of Federal Regulations (CFR) Fart 266.505
§ 262.14 must demonstrate that it generates quantities of hazardous waste that
are within the very small quantity generator limits as defined by § 260.10.
§ 266.505
Prohibition of sewering hazardous waste pharmaceuticals.
All healthcare facilities—including very small quantity generators operating under
§ 262.14 in lieu of this subpart—and reverse distributors are prohibited from
discharging hazardous waste pharmaceuticals to a sewer system that passes through
to a publicly -owned treatment works. Healthcare facilities and reverse distributors
remain subject to the prohibitions in 40 CFR 403.5(b)(1).
§ 266.506
Conditional exemptions for hazardous waste pharmaceuticals that are also controlled
substances and household waste pharmaceuticals collected in a take -back event or
program.
(a)
Conditional exemptions.
Provided the conditions of paragraph (b) of this section are met, the following
are exempt from 40 CFR parts 262 through 273:
(1) Hazardous waste pharmaceuticals that are also listed on a schedule of controlled
substances by the Drug Enforcement Administration in 21 CFR part 1308, and
(2) Household waste pharmaceuticals that are collected in a take -back event or
program, including those that are collected by an authorized collector (as
defined by the Drug Enforcement Administration) registered with the Drug
Enforcement Administration that commingles the household waste
pharmaceuticals with controlled substances from an ultimate user (as defined by
the Drug Enforcement Administration).
(b)
Conditions for exemption.
The hazardous waste pharmaceuticals must be:
(1) Managed in compliance with the sewer prohibition of § 266.505; and
(2) Collected, stored, transported, and disposed of in compliance with all applicable
Drug Enforcement Administration regulations for controlled substances; and
(3) Destroyed by a method that Drug Enforcement Administration has publicly
deemed in writing to meet their non -retrievable standard of destruction or combusted
at one of the following:
(i) A permitted large municipal waste combustor, subject to 40 CFR part 62 subpart
FFF or applicable state plan for existing large municipal waste combustors, or 40
CFR part 60 subparts Eb for new large municipal waste combustors; or
(ii) A permitted small municipal waste combustor, subject to 40 CFR part 62 subpart
JJJ or applicable state plan for existing small municipal waste combustors, or 40
CFR part 60 subparts AAAA for new small municipal waste combustors; or
(iii) A permitted hospital, medical and infectious waste incinerator, subject to 40
CFR part 62 subpart HHH or applicable state plan for existing hospital, medical and
infectious waste incinerators, or 40 CFR part 60 subpart Ec for new hospital, medical
and infectious waste incinerators.
L%/J L11117CIED
XYOF
WS RM X NFORD
FLORIDA Item No.
CITY COMMISSION MEMORANDUM 20039
MARCH 9, 2020 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Mack McKinley, Water Resource Engin
SUBMITTED BY: Norton N. Bonaparte, Jr., City Mana r
SUBJECT: Approval of Ordinance No. 4540 for th mplementation of the Dental
Amalgam Rule.
STRATEGIC PRIORITIES:
❑ Unify Downtown ,& the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Adoption of Ordinance No. 4540 for the implementation of the Dental Amalgam Rule is
requested.
FISCAL /STAFFING STATEMENT:
There is no additional cost to the City.
BACKGROUND:
The "dental amalgam rule" (the "Effluent Limitations Guidelines and Standards for the Dental
Category rule codified at Title 40 Code of Federal Regulations (CFR) Part 441, became effective
on June 14, 2017. This regulation was adopted by the Florida Department of Environmental
Protection (FDEP) and is codified as Rule 62-625.110(3), Florida Administrative Code (F.A. C. ).
As a result of these actions, public utilities with an approved pretreatment program are now
responsible for regulating dental dischargers within their service areas that are subject to 40 CFR
Part 441, and FDEP is responsible for regulating dental dischargers. The City would further
implement the regulations relating to dental discharges by adding provisions to the City Code.
The enactment of Ordinance No. 4540 will ensure that the City's discharge/ pretreatment
programs are in harmony with the Federal and State programs.
Dental dischargers are required to meet the requirements at 40 CFR Part 441.30(a) and (b) and
the record keeping requirements at 40 CFR Part 441.50_ Compliance requirements are as
follows:
• New dental dischargers must comply prior to discharging to the domestic wastewater
treatment facility and must submit a one-time compliance report no later than 90
days following the initial discharge; and
• Existing dental dischargers must comply by July 14, 2020 and submit a one-time
compliance report by October 12, 2020; and
• Dental dischargers that transfer ownership must comply and submit a one-time
compliance report no later than 90 days following the transfer.
The City is the approved control authority for the local pretreatment program and is required to
ensure that the dental dischargers located within the City's service area meet all of the
requirements of 40 CFR Part 441 including, but not limited to, ensuring that the one-time
compliance report fulfills the content, signature, and certification requirements of 40 CFR Part
441.50.
FDEP is taking actions to ensure that all dental dischargers are regulated by the appropriate
entity. City staff is proposing the action herein to ensure that the City adheres to the requirements
of the FDEP and controlling law.
LEGAL REVIEW:
The City Attorney drafted Ordinance No. 4540 and has no legal objection to the action proposed.
The City Commission approved the first reading of Ordinance No. 4540 on February 24, 2020.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on February 23,
2020.
RECOMMENDATION:
City staff recommends that the City Commission adopt Ordinance No. 4540.
SUGGESTED MOTION:
`°I move to adopt Ordinance No. 4540."
Attachments: (1). Ordinance No. 4540.
(2). FDEP Rule.