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ORDINANCE NO. 6393-99
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO WASTEWATER COLLECTION;
REPEALING DIVISION 2, DISCHARGE RESTRICTIONS,
SECTIONS 32.211 THROUGH 32.224 AND CREATING A
NEW DIVISION 2, SECTIONS 32.211 THROUGH 32.225;
PRETREATMENT AND DISCHARGE RESTRICTIONS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater has agreed to adopt the terms and conditions
for Industrial Pretreatment of wastewater collection and discharge restrictions, as set forth
in this Ordinance; now therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
t
Section 1. Division 2, Sections 32.211 through 32.224, Code of Ordinances, is
hereby repealed in its entirety and a new Division 2, Sections 32.211 through 32.225,
Code of Ordinances, is hereby created as set forth in Exhibit A attached hereto.
Section 2. If. any provision of this Ordinance is invalidated by any court of
competent jurisdiction, the remaining provisions shall not be effected and shall continue in
full force and effect.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING July 15, 1999
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Pamela K. Akin, City Attorney
August 5, 1999
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Brian J. A st, Mayor Co missioner
Attest:
Cynthia E. Goudeau, City Clerk
ordinance No. 6393.99
DIVISION 2. PRETREATMENT AND DISCHARGE RESTRICTIONS
Sec. 32.211. General Provisions.
(1) Purpose and Policy. This division sets forth uniform requirements
for users of the Publicly Owned Treatment Works for the City of Clearwater (the
City) and enables the City to comply with all applicable State and Federal laws,
including the Clean Water Act (33 United States Code § 1251 of seq.) and the
Pretreatment Requirements for Existing and New Sources of Pollution (Florida
Administrative Code FAC 62625). The objectives of this division are:
(a) To prevent the introduction of pollutants into the Publicly Owned
Treatment Works that will interfere with its operation;
(b) To prevent the introduction of pollutants into the Publicly Owned
Treatment Works that will pass through the Publicly Owned
Treatment Works, inadequately treated, into receiving waters, or
otherwise be incompatible with the Publicly Owned Treatment
Works;
(c) To protect both Publicly Owned Treatment Works and personnel.
who may be affected by wastewater and sludge in the course of
their employment and the general public;
(d) To promote reuse and recycling of industrial wastewater and
sludge from the Publicly Owned Treatment Works;
(e) To provide for fees for the equitable distribution of the cost of
operation, maintenance, and improvement of the Publicly Owned
Treatment Works; and
(f) To enable the City to comply with its National Pollutant Discharge
Elimination System permit conditions, sludge use and disposal
requirements, and any other Federal or State laws to which the
Publicly Owned Treatment Works is subject.
This division shall apply to all users of the City's Pollution Control Facilities. The
division authorizes the issuance of wastewater discharge permits; provides for
monitoring, compliance, and enforcement activities; establishes administrative
review procedures; requires user reporting; and provides for the setting of fees
for the equitable distribution of costs resulting from the program established
herein.
(2) Administration. Except as otherwise provided herein, the Public
Works Administrator (Administrator), or his appointee, shall administer,
EXHIBIT A
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implement, and enforce the provisions of this division. Any powers granted to or
duties imposed upon the Administrator may be delegated by the Administrator to
the Pretreatment Coordinator (the Coordinator) or other City personnel.
(3) Abbreviations. The following abbreviations, when used in this
Division, shall have the designated meanings:
• BOD Biochemical Oxygen Demand (5 Day Carbonaceous)
• CFR Code of Federal Regulations
• COD Chemical Oxygen Demand
• EPA U.S. Environmental Protection Agency
• FAC Florida Administrative Code
• gpd gallons per day
• mgll milligrams per liter
• NPDES National Pollutant Discharge Elimination System
• POTW Publicly Owned Treatment Works
• RCRA Resource Conservation and Recovery Act
• SIC Standard Industrial Classification
• SIU Significant Industrial User
• TSS Total Suspended Solids
• U.S.C. United States Code
(4) Definitions. Unless a provision explicitly states otherwise, the
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following terms and phrases, as used in this Division, shall have the meanings
hereinafter designated.
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.
Administrator. The City's Public Works Administrator, or other designee.
Approval Authority. The Approval Authority shall be the State of Florida
Department of Environmental Protection.
Authorized Representative of the User.
(1) If the user is a corporation:
(a) The president, secretary, treasurer, or a vice-president of the
corporation in charge of a principal business function, or any other
person who performs similar policy or decision-making functions for
the corporation; or
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(b) The manager of one or more manufacturing, production, or
operation facilities employing more than two hundred fifty (250)
persons or having gross annual sales or expenditures exceeding
twenty-five (25) million dollars (in second-quarter 1980 dollars), if
authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures.
(2) If the user is a partnership or sole proprietorship: a general partner
or proprietor, respectively.
(3) If the user is a Federal, State, or local governmental facility: a
director or highest official appointed or designated to oversee the operation and
performance of the activities of the government facility, or their designee.
(4) The individuals described in paragraphs 1 through 3, above, may
designate another authorized representative if the authorization is in writing, the
authorization specifies the individual or position responsible for the overall
operation of the facility from which the discharge originates or having overall
responsibility for environmental matters for the company, and the written
authorization is submitted to the City.
Biochemical Oxyqen Demand or BOD. The quantity of oxygen utilized in
the biochemical oxidation of organic matter under standard laboratory
procedures for five (5) days at 20° centigrade, usually expressed as a
concentration (e.g., mg/1).
Categorical Pretreatment Standard or-Categorical Standard. Any
regulation containing pollutant discharge limits promulgated by EPA in
accordance with Sections 307(b) and (c) of the Act (33 U.S.C. § 1317) which
apply to a specific category of users and which appear in 40 CFR Chapter 1,
Subchapter N, Parts 405-471.
Q The City of Clearwater. (Note: Elected City Commissioners act on
behalf of the citizens of the City of Clearwater].
Coordinator. The person designated by the City to oversee permitting and
compliance with the City's Pretreatment Ordinance.
Environmental Protection Agency or EPA. The U.S. Environmental
Protection Agency or, where appropriate, the Regional Water Management
Division Director, or other duly authorized official of said agency.
Existing Source. Any source of discharge, the construction or operation of
which commenced prior to the publication by EPA of proposed categorical
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pretreatment standards, which will be applicable to such source if the standard is
thereafter promulgated in accordance with Section 307 of the Act.
Grab Samale. A sample which is taken from a wastestream without
regard to the flow in the wastestream and over a period of time not to exceed
fifteen (15) minutes.
Indirect Discharge or Discharge. The introduction of pollutants into the
POTW from any non-domestic source regulated under Section 307(b), (c), or (d)
of the Act.
Instantaneous Maximum Allowable Discharge Limit. The maximum
concentration of a pollutant allowed to be discharged at any time, determined
from the analysis of any discrete or composite sample collected, independent of
the industrial flow rate and the duration of the sampling event.
Interference. A discharge, which alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW, its treatment
processes or operations or its sludge processes, use or disposal; and therefore,
is a cause of a violation of the City's wastewater NPDES permit or of the
prevention of sewage sludge use or disposal in compliance with any of the
following statutory/regulatory provisions or permits issued thereunder, or any
more stringent State or local regulations: Section 405 of the Act; the Solid
Waste Disposal Act, including Title II commonly referred to as the Resource
Conservation and Recovery Act (RCRA); any State regulations contained in any
State sludge management plan prepared pursuant to Subtitle D of the Solid
Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and
the Marine Protection, Research, and Sanctuaries Act.
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.
New Source.
(1) Any building, structure, facility, or installation from which there is (or
may be) a discharge of pollutants, the construction of which commenced after
the publication of proposed pretreatment standards under Section 307(c) of the
Act which will be applicable to such source if such standards are thereafter
promulgated in accordance with that section, provided that:
(a) The building, structure, facility, or installation is constructed at a
site at which no other source is located; or
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(b) The building, structure, facility, or Installation totally replaces the
process or production equipment that causes the discharge of
pollutants at an existing source; or
(c) 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 existing source, should be considered.
(2) Construction on a site at which an existing source is located results
in a modification rather than a new source if the construction does not create a
new building, structure, facility, or installation meeting the criteria of Section
(1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or
production equipment.
(3) Construction of a new source as defined under this paragraph has
commenced if the owner or operator has:
(a) Begun, or caused to begin, as part of a continuous onsite
construction program
1. any placement. assembly, or installation of facilities or
equipment; or
2. significant site preparation work including clearing,
excavation, or removal of existing buildings, structures, or
facilities which is necessary for the placement, assembly, or
installation of new source facilities or equipment; or
(b) Entered into a binding contractual obligation for the purchase of
facilities or equipment which are intended to be used in its
operation within a reasonable time. Options to purchase or
contracts which can be terminated or modified without substantial
loss, and contracts for feasibility, engineering, and design studies
do not constitute a contractual obligation under this paragraph.
Non-contact Cooling Water. Water used for cooling which does not come
into direct contact with any raw material, intermediate product, waste product, or
finished product.
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.,? Pass Through. A discharge which exits the POTW into waters of the
United States in quantities or concentrations which, alone or in conjunction with a
discharge or discharges from other sources, is a cause of a violation of any
requirement of the City's NPDES permit, including an Increase in the magnitude
or duration of a violation.
Person. Any Individual, partnership, copartnership, fine, company,
corporation, association, joint stock company, trust, estate, governmental entity,
or any other legal entity; or their legal representatives, agents, or assigns. This
definition includes all Federal, State, and local governmental entities.
gH. A measure of the acidity or alkalinity of a solution, expressed in
standard units.
Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes,
biological materials, radioactive materials, heat, wrecked or discarded
equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes,
and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity,
color, BOD, COD, toxicity, or odor).
Pretreatment. The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties in wastewater
prior to, or in lieu of, introducing such pollutants into the POTW. This reduction
or alteration can be obtained by physical, chemical, or biological processes; by
process changes; or by other means, except by diluting the concentration of the
pollutants unless allowed by an applicable pretreatment standard.
Pretreatment Requirements. Any substantive or procedural requirement
related to pretreatment imposed on a user, other than a pretreatment standard.
Pretreatment Standards or Standards. Pretreatment standards shall
mean prohibited discharge standards, categorical pretreatment standards, and
local limits.
Prohibited Discharge_Standards, or ProhibitedDischa[ges. Absolute
prohibitions against the discharge of certain substances; these prohibitions
appear in Section 32.212(1) of this Division.
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Publicly Owned Treatment Works or POTW. A "treatment works," as
defined by Section 212 of the Act (33 U.S.C. §1292) which is owned by the City
and includes the Marshall Street, Northeast and East Water Pollution Control
Facilities. This definition includes any devices or systems used in the collection,
storage, treatment, recycling, and reclamation of sewage or industrial wastes of
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.? a liquid nature and any conveyances which convey wastewater to a treatment
plant.
Septic Tank Waste. Any sewage from holding tanks such as vessels,
chemical toilets, campers, trailers, and septic tanks.
Sewage. Human excrement and gray water (household showers,
dishwashing operations, etc.).
Significant Industrial User.
(1) A user subject to categorical pretreatment standards; or
(2) A user that:
(a) Discharges an average of twenty-five thousand (25,000) gpd or
more of process wastewater to the POTW (excluding sanitary,
noncontact cooling, and boiler blowdown wastewater); or
(b) Contributes a process wastestream which makes up five (5)
percent or more of the average dry weather hydraulic or organic
capacity of the POTW treatment plant; or
ti (c) Is designated as such by the City on the basis that it has a
reasonable potential for adversely affecting the POTW's operation
or for violating any pretreatment standard or requirement.
(3) Upon a finding that a user meeting the criteria in Subsection (2)
has no reasonable potential for adversely affecting the POTW s operation or for
violating any pretreatment standard or requirement, the City may at any time, on
its own initiative or in response to a petition received from a user, and in
accordance with procedures in FAC 62-625.500(3)(e), determine that such user
should not be considered a significant industrial user.
Slug Load or Slug. Any discharge at a flow rate or concentration which
could cause a violation of the prohibited discharge standards in Section
32.212(1) of this Division.
Standard Industrial Classification (SIC) Code. A classification pursuant to
the Standard Industrial Classification Manual issued by the United States Office
of Management and Budget.
Storm Water. Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
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Superintendent, The Superintendent of Water Pollution Control Facilities
for the City,
Suspended Solids. The total suspended matter that floats on the surface
of, or is suspended in, water, wastewater, or other liquid, and which is removable
by laboratory filtering.
User or Industrial User. A source of indirect discharge.
Wastewater. Liquid and water-carried Industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which are contributed to
the POTW.
Wastewater Treatment Plant or Treatment Plant. That portion of the
POTW which is designed to provide treatment of municipal sewage and
industrial waste.
Sec. 32.292. General Sewer Use Requirements.
(1) Prohibited Discharge Standards.
(a) General Prohibitions. No user shall introduce or cause to be
introduced into the POTW any pollutant or wastewater which
causes pass through or interference. These general prohibitions
apply to all users of the POTW whether or not they are subject to
categorical pretreatment standards or any other National, State, or
local pretreatment standards or requirements.
(b) Specific Prohibitions. No user shall introduce or cause to be
introduced into the POTW the following pollutants, substances, or
wastewater:
1. Pollutants which create a fire or explosive hazard in the
POTW, including, but not limited to, wastestreams with a
closed-cup flashpoint of less than 140° F (60° C) using the
test methods specified in 40 CFI 261.21;
2. Wastewater having a pH less than 6.0 or more than 8.5, or
otherwise causing corrosive structural damage to the POTW
or equipment;
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3. Solid or viscous substances In amounts which will cause
obstruction of the flow in the P01W resulting in interference
but in no case solids greater than three-eighths of an Inch
(318") or ninety-five-one-hundredths of a centimeter (0.95
cm) in any dimension;
4. Pollutants, including oxygen-demanding pollutants (SOD,
etc.), released in a discharge at a flow rate and/or pollutant
concentration which, either singly or by interaction with other
pollutants, will cause interference with the POTW;
5. Wastewater having an average temperature greater than
95° F (35° C), at the point of connection with the City's
sanitary sewer system;
6. Petroleum oil, non-biodegradable cutting oil, or products of
mineral oil origin, in amounts that will cause interference or
pass through;
7. Pollutants which result in the presence of toxic gases,
vapors, or fumes within the POTW in a quantity that may
cause acute worker health and safety problems;
8. Trucked or hauled pollutants, except at discharge points
designated by the Coordinator in accordance with Section
32.213(4) of this Division;
9. Noxious or malodorous liquids, gases, solids, or other
wastewater which, either singly or by interaction with other
wastes, are sufficient to create a public nuisance or a hazard
to life, or to prevent entry into the sewers for maintenance or
repair;
10. Wastewater which imparts color which cannot be removed
by the treatment process, such as, but not limited to, dye
wastes and vegetable tanning solutions, which consequently
imparts color to the treatment plant's effluent, thereby
violating the City's wastewater NPDES permit;
11. Wastewater containing any radioactive wastes or isotopes
except in compliance with applicable State or Federal
regulations;
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12. Storm water, surface water, ground water, artesian well
water, roof runoff, subsurface drainage, swimming pool
drainage, condensate, deionized water, non-contact cooling
water, and unpolluted wastewater, unless specifically
authorized by the Coordinator;
13. Sludges, screenings, or other residues from the
pretreatment of industrial wastes;
14. Medical wastes, except as specifically authorized by the
Coordinator in a wastewater discharge permit;
15. Wastewater, alone or in conjunction with other ' sources,
causing the POTW s effluent to fail a toxicity test;
16. Detergents, surface-active agents, or other substances
which may cause excessive foaming in the POTW;
17. Fats, oils, or greases of animal or vegetable origin in excess
of the established local limit, or in quantities which can
impeded or impair flow.
Pollutants, substances, or wastewater prohibited by this section shall not be
processed or stored in such a manner that they could be discharged to the
POTW.
(2) National Categorical Pretreatment Standards. The categorical
pretreatment standards found at 40 CFR Chapter 1, Subchapter N, Parts 405-
471 are hereby incorporated into this Division,
(a) Where a categorical pretreatment standard is expressed only in
terms of either the mass or the concentration of a pollutant in
wastewater, the Coordinator may impose equivalent concentration
or mass limits in accordance with Chapter 62-625.410(4) FAC,
(b) When wastewater subject to a categorical pretreatment standard is
mixed with wastewater not regulated by the same standard, the
Coordinator shall impose an alternate limit using the combined
wastestream formula in Chapter 62-625.410(6) FAC. Only those
industrial subcategories listed in Chapters 62-625.880(1)(a-m) FAC
will be considered eligible for the combined wastestream formula.
,.
(c) A user may obtain a variance from a categorical pretreatment
standard if the user can prove, pursuant to the procedural and
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r"1 substantive provisions in Chapter 62-625.700 FAC, that factors
? relating to its discharge are fundamentally different from the factors
considered by EPA when developing the categorical pretreatment
standard. The user requesting variance must file a formal request
to the City, along with the permit application for an wastewater
discharge permit, in accordance with the procedures in Section
32.215 of the Division.
(d) A user may obtain a net gross adjustment to a categorical standard
in accordance with Chapter 62-625.820 FAC, with approval from
the City.
(3) State Pretreatment Standards. Chapter 62-625.410 FAC
identifies pretreatment standards (by reference) for industries, and is applicable
in the determination of categorical industrial discharges within the City's
jurisdiction.
(4) Local Limits. Local limits shall be established, using standard
procedures, calculations and methods acceptable to FDEP, to protect against
pass through and interference. No industrial user shall discharge process
wastewater, individual regulated wastestreams, unregulated wastestreams, or
dilute wastestreams in excess of the concentrations set forth by the
Administrator, or his designee. Local limits shall be included as permit
conditions and attached to each Significant Industrial User (SIU) Permit issued.
The established local limits are subject to change and shall be modified as
needed based on regulatory requirements and standards, POTW operation,
performance and processes, the industrial user base, potable water quality and
domestic wastewater characteristics, Modifications to the established local limits
must be reviewed and approved by FDEP prior to implementation.
Implementation of the modified limits shall be accomplished through the
development and issuance of an addendum to each SlU Permit.
The established local limits apply at the point where the wastewater is
discharged to the POTW. All concentrations for metallic substances are for
"total" metal unless indicated otherwise. The Coordinator may impose mass
limitations in addition to, or in place of, the concentration based limitations set
forth by the Administrator, or his designee.
(5) The City's Right of Revision, The City reserves the right to
establish, by Ordinance, the Administrator or in wastewater discharge permits,
more stringent standards or requirements on discharges to the POTW.
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,-- (6) Dilution. No user shall ever increase the use of process water, or
in any way attempt to dilute a discharge, as a partial or complete substitute for
adequate treatment to achieve compliance with a discharge limitation unless
expressly authorized by an applicable pretreatment standard or requirement.
The Coordinator may impose mass limitations on users who are using dilution to
meet applicable pretreatment standards or requirements, or in other cases when
the imposition of mass limitations is appropriate.
Sec. 32.213. Pretreatment of Wastewater.
(1) Pretreatment Facilities. Users shall provide wastewater treatment
as necessary to comply with this Division and shall achieve compliance with all
categorical pretreatment standards, local limits, and the prohibitions set out in
Section 32.212(1) of this Division within the time limitations specified by EPA, the
State of Florida's Chapter 62-625 FAC, or the Coordinator, whichever is more
stringent. Any facilities necessary for compliance shall be provided, operated,
and maintained at the user's expense. Detailed plans and specifications
describing such facilities, along with operating procedures shall be prepared,
signed and sealed by a professional engineer licensed by the State of Florida,
submitted to the Coordinator for review, and shall be acceptable to the
Coordinator before such facilities are constructed. The review of such plans and
operating procedures shall in no way relieve the user from the responsibility of
modifying such facilities as necessary to produce a discharge acceptable to the
City under the provisions of this Division.
(2) Additional Pretreatment Measures.
(a) Whenever deemed necessary, the Coordinator may require users,
at their expense, to restrict their discharge during peak flow
periods, designate that certain wastewater be discharged only into
specific sewers, relocate and/or consolidate points of discharge,
separate sewage wastestreams from industrial wastestreams, and
such other conditions as may be necessary to protect the POTW
and determine the user's compliance with the requirements of this
Division.
(b) The Coordinator may require any person discharging into the
POTW to install and maintain, on their property and at their
expense, a suitable storage and flow-control facility to ensure
equalization of flow. A wastewater discharge permit may be issued
solely for flow equalization.
(c) Grease, oil, and sand interceptors shall be provided by the user
and at the user's expense when, in the opinion of the Coordinator,
.";
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,-? they are necessary for the proper handling of wastewater
containing excessive amounts of fats, grease and oil, or sand;
except that such interceptors shall not be required for residential
users. All interception units shall be of type and capacity approved
by the Coordinator and shall be so located to be easily accessible
for cleaning and inspection. Such interceptors shall be inspected,
cleaned, and repaired regularly, as needed, by the user at its
expense.
(d) Users with the potential to discharge flammable substances may
be required to install and maintain an approved combustible gas
detection meter, by the user at its expense.
(e) All expenses for construction, operation, maintenance, inspection,
calibration and certification of pretreatment measures required
herein are incumbent upon the user.
(3) Accidental Discharge/Slug Control Plans. The Coordinator shall
evaluate once every two (2) years, or more frequently at the discretion of the
Coordinator, whether each significant industrial user needs an accidental
discharge/slug control plan. The Coordinator may require any user to develop,
submit for approval, and implement such a plan. Alternatively, the Coordinator
may develop such a plan for any user and require that the user implement the
Plan. Plans developed by the Coordinator for the user will require that the user
reimburse the City for all costs incurred by the City in developing the plan. An
accidental discharge/slug control plan shall address, at a minimum, the following:
(a) Description of discharge practices, including non-routine batch
discharges;
(b) Description of stored chemicals;
(c) Procedures for immediately notifying the Coordinator of any
accidental or slug discharge, as required by Section 32.616(6) of
this Division; 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.
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', (4) Hauled Wastewater.
(a) Waste from chemical toilets and domestic septic tanks may be
introduced into the POTW only at locations designated by the
Coordinator, and at such times as are established by the
Coordinator. Such waste shall not violate Section 32.212 of this
Division or any other 'requirements established by the City. The
Coordinator may require waste haulers to obtain wastewater
discharge permits.
(b) No grease trap wastes or hauled industrial wastewater will be
accepted.
Sec. 32.214. Wastewater Discharge Permit Application.
(1) Permitting Program. Wastewater Discharge Permit Applications:
Any new or existing business, or industry within the City whom must apply for a
license to do business must also make application for wastewater discharge into
the City's sanitary sewer system under the guidelines below:
(a) Industrial User Surve : When requested by the Coordinator any
new or existing industrial user must submit information on the
nature and characteristics of its wastewater by completing an
industrial user survey. The Coordinator may prepare a form for this
purpose and may periodically require industrial users to update the
survey. Failure to complete this survey shall be reasonable
grounds for terminating service to the industrial user and shall be
considered a violation of this division.
(b) Significant Industrial User Permits: Any new or existing business
meeting the definition of an SIU as defined in this Division on or
after the effective date of this Division is considered an SIU and is
required to obtain an SIU Permit.
(c) Septic Tank Wastes: Any hauler whom proposes to discharge
septic tank waste must fill out and submit to the Coordinator the
appropriate hauled domestic waste permit application which
describes the origin, type, stabilization method, and volume of
wastes.
(2) Wastewater Analysis. When requested by the Coordinator, any
user must submit information on the nature and characteristics of its wastewater
within thirty (30) calendar days of the request. The Coordinator is authorized to
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,. prepare a form for this purpose and may periodically require users to update this
information.
(3) Wastewater Discharge Permit Requirement.
(a) No significant industrial user shall discharge wastewater into the
POTW without first obtaining a wastewater discharge permit from
the Coordinator, except that a significant industrial user that has
filed a timely application pursuant to Subsection (6) of this section
may continue to discharge for the time period specified therein.
(b) The Coordinator may require other users to obtain wastewater
discharge permits as necessary to carry out the purposes of this
Division.
(c) Any violation of the terms and conditions of a wastewater discharge
permit shall be deemed a violation of this Division and subjects the
permittee to the sanctions set out in Sections 32.220 through
32.222 of this Division. Obtaining a wastewater discharge permit
does not relieve a permittee of its obligation to comply with all
Federal and State pretreatment standards or requirements or with
any other requirements of Federal, State, and local law.
(4) Wastewater Discharge Permitting: Existing Connections. Any
user required to obtain a wastewater discharge permit who was discharging
wastewater into the POTW prior to the effective date of this Division and who
wishes to continue such discharges in the future, shall, within ninety (90)
calendar days after said date, apply to the Coordinator for a wastewater
discharge permit in accordance with Subsection (6) of this Section, and shall not
cause or allow discharges to the POTW to continue after one-hundred-eighty
(180) calendar days of the effective date of this Division except in accordance
with a wastewater discharge permit issued by the Coordinator.
(5) Wastewater Discharge Permitting: New Connections. Any user
required to obtain a wastewater discharge permit who proposes to begin or
recommence discharging into the POTW must obtain such permit prior to the
beginning or recommencing of such discharge. An application for the permit, in
accordance with Subsection (6) of this Section, must be filed at least forty-five
(45) calendar days prior to the date upon which any discharge will begin or
recommence.
(6) Wastewater Discharge Permit Application Contents. All users
required to obtain a wastewater discharge permit must submit a permit
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application. The Coordinator may require all users to submit as part of an
application the following Information:
(a) All information required by Section 32.216(1)(b) of this Division;
(b) Description of activities, facilities, and plant processes on the
premises, including a list of all raw materials and chemicals used or
stored at the facility which are, or could accidentally or intentionally
be, discharged to the POTW;
(c) Number and type of employees, hours of operation, and proposed
or actual hours of operation;
(d) Each product produced by type, amount, process or processes,
and rate of production;
(e) Type and amount of raw materials processed (average and
maximum per day);
(f) Site plans, floor plans, mechanical and plumbing plans, and details
to show all sewers, floor drains, and appurtenances by size,
location, and elevation, and all points of discharge;
(g) Time, duration and variability of discharges;
(h) The results of sampling and analysis identifying the nature and
concentration of priority pollutants, as well as any other regulated
pollutants in the discharge from the facility. The sample(s) shall be
representative of daily operations and shall be analyzed in
accordance with the procedures set out in Section 32.216(10) of
this Division. Sampling must be performed in accordance with the
procedures set out in Section 32.216(11) of this Division.
(i) List of hazardous materials stored, manufactured, or discharged at
the premises; and
() Any other information as may be deemed necessary by the
Coordinator to evaluate the wastewater discharge permit
application.
Incomplete or inaccurate applications will not be processed and will be returned
to the user for revision, completion and resubmittal within fourteen (14) calendar
days, or other deadline as specified by the Coordinator.
16
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{f®
nor , ...s?u'"F,•?:
(7) Application Signatories and Certification. All wastewater
discharge permit applications and user reports must be signed by an authorized
representative of the user and contain the following certification statement:
"1 certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel property 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. 1 am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment for
knowing violations."
(S) Wastewater Discharge Permit Decisions. The Coordinator will
evaluate the data furnished by the user and may require additional information.
Within thirty (34) working days of receipt of a complete wastewater discharge
permit application, the Coordinator will determine whether or not to issue a
permit. The Coordinator may deny any application for a wastewater discharge
permit.
Sec. 32.215. Wastewater Discharge Permit Issuance Process.
(1) Wastewater Discharge Permit Duration. A wastewater discharge
permit shall be issued for a specified time period, not to exceed five (5) years
from the effective date of the permit. A wastewater discharge permit may be
issued for a period less than five (5) years, at the discretion of the Coordinator.
Each wastewater discharge permit will indicate specific dates upon which it
becomes effective and will expire.
(2) Wastewater Discharge Permit Contents. A wastewater
discharge permit shall include such conditions as are deemed reasonably
necessary by the Coordinator to prevent pass through or interference, protect
the quality of the water body receiving the POTW s effluent, protect worker
health and safety, facilitate sludge management and disposal, and protect
against damage to the POTW, and comply with State and Federal permits
regulating the POTW.
(a) Wastewater discharge permits shall contain:
1. A statement that indicates the permit duration, which in no
event shall exceed five (5) years;
17
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,r .
2. A statement that the permit is nontransferable in accordance
with Subsection (5) of this Section, and includes provisions
that the new owner or operator apply for a new wastewater
discharge permit;
3. A requirement that the permittee file a Notice of Termination
when terminating facility operations, or selling or otherwise
transferring ownership of the facility to a new owner or
operator;
4. Effluent limits based on applicable pretreatment standards;
5. Self monitoring, sampling, reporting, notification, and record-
keeping requirements. These requirements shall include an
identification of pollutants to be monitored, sampling
location(s), sampling frequency, and sample type based on
Federal, State, and local law; and,
6. A statement of applicable civil and criminal penalties for
violation of pretreatment standards and requirements, and
any applicable compliance schedule. Such schedule may
not extend the time for compliance beyond that required by
applicable Federal, State, or local law.
40:,iM
(b) Wastewater discharge permits may contain, but need not be limited
to, the following conditions:
1. Limits on the average and/or maximum volume, average
and/or maximum rate of discharge, time(s) of discharge,
and/or requirements for flow regulation and equalization;
2. Requirements for the installation of pretreatment technology,
pollution control, or construction of appropriate containment
devices, designed to reduce, eliminate, or prevent the
introduction of pollutants into the treatment works;
3. Requirements for the development and implementation of
spill control plans or other special conditions including
management practices necessary to adequately prevent
accidental, unanticipated, or non-routine discharges;
4. Development and implementation of waste minimization
plans to reduce the amount of pollutants discharged to the
POTW'
18
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EF??.yt>J: ?. n.x
5. The unit charge or schedule of user charges and fees for the
management of the wastewater discharged to the POTW;
6. Requirements for Installation and maintenance of inspection,
flow monitoring and sampling facilities and equipment;
7. Requirements for the submittal of copies of monitoring logs
and records;
8. A statement that compliance with the wastewater discharge
permit does not relieve the permittee of responsibility for
compliance with all applicable Federal and State
pretreatment standards, including those which become
effective during the term of the wastewater discharge permit;
and
9. Other conditions as deemed appropriate by the Coordinator
to ensure compliance with this Division, and State and
Federal laws, rules, and regulations.
(3) Wastewater Discharge Permit Appeals. The Coordinator shall
provide public notice of the issuance of a wastewater discharge permit. Any
person, Including the user, may petition the Coordinator to reconsider the terms
of a wastewater discharge permit within ten (10) working 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 permit.
(c) The effectiveness of the wastewater discharge permit shall not be
stayed pending the appeal.
(d) If the Coordinator fails to act within ten (10) working days, a
request for reconsideration shall be deemed to be denied.
Decisions not to reconsider a permit, not to issue a permit, or not to
modify a permit shall be considered final administrative actions for
purposes of judicial review.
19 6?1301199
(e) Aggrieved parties seeking judicial review of the final administrative
wastewater discharge permit decision must do so by tiling a
complaint with the Circuit Court of Pinellas County.
(4) Wastewater Discharge Permit Modification. The Coordinator
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;
(c) A change in either the POTW or its Federal and/or State operating
permits that requires either a temporary or permanent reduction or
elimination of the authorized discharge;
(d) Information indicating that the permitted discharge poses a threat
to the City's POTW, City personnel, or the receiving waters;
(e) Violation of any terms or conditions 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 pursuant to Chapter 62-625.700 FAQ
(h) To correct typographical or other errors in the wastewater
discharge permit.
(5) Wastewater Discharge Permit Transfer. A wastewater discharge
permit may NOT be transferred to a new owner or operator of a previously
permitted facility. The permit application process must be repeated by the new
owner or operator.
(6) Wastewater Discharge Permit Revocation. The Coordinator
may revoke a wastewater discharge permit for good cause, including, but not
limited to, the following reasons:
20
1?39?3- y'9'
t
(b)
(c)
Failure to notify the Coordinator of significant changes to the
wastewater prior to the changed discharge;
Failure to provide prior notification to the Coordinator of changed
conditions pursuant to Section 32,216(5) of this Division;
Misrepresentation or failure to fully disclose all relevant facts in the
wastewater discharge permit application;
(d) Falsifying self-monitoring reports;
(e) Tampering with monitoring equipment;
(f) Refusing to allow the Coordinator timely access to the facility
premises and records;
(g) Failure to meet effluent limitations;
(h) Failure to pay fines;
(i) Failure to pay sewer charges;
0) Failure to meet compliance schedules;
(k) Failure to complete a wastewater survey or the wastewater
discharge permit application;
(1) Failure to provide advance notice of the transfer of business
ownership of a permitted facility;
(m) Violation of any pretreatment standard or requirement, or any terms
of the wastewater discharge permit or this Division; or
(n) Failure to timely file self monitoring reports.
Wastewater discharge permits shall be voidable upon cessation of operations or
transfer of business ownership. All wastewater discharge permits issued to a
particular user for a specific facility and/or discharge are void upon the issuance
of a new wastewater discharge permit to that user for that facility.
(7) Wastewater Discharge Permit Reissuance. A user with an
expiring wastewater discharge permit shall apply for wastewater discharge
pen-nit reissuance by submitting a complete permit application, in accordance
21
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,.., with Section 32.214(8) of this Division, a minimum of ninety (90) calendar days
s' prior to the expiration of the user's existing permit.
(8) Regulation of Waste Received from Other Jurisdictions.
(a) The City of Clearwater has entered into a Multi jurisdictional
Agreement with the City of Safety Harbor, which contributes
wastewater to the City's Northeast Water Pollution Control Facility.
All industrial users in Safety Harbor which contribute wastewater to
the City of Clearwater's water pollution control facilities are
subjected to the provisions of this Division under the Agreement.
(b) The Multi jurisdictional Agreement contains the following
conditions:
1. A requirement for Safety Harbor to adopt a sewer use
Ordinance which is at least as stringent as this Division and
local limits which are at least as stringent as those set out in
32.214(4) of this Division. The requirement shall specify that
such Ordinance and limits must be revised as necessary to
reflect changes made to the City's Ordinance or local limits;
2: A requirement for Safety Harbor to annually update and
submit a revised industrial user inventory;
3. A provision specifying that the City reserves the right for
permit issuance, inspection and sampling and enforcement;
4. A requirement for Safety Harbor to provide the Coordinator
with access to all information that Safety Harbor obtains as
part of its pretreatment activities;
5. Limits on the nature, quality, and volume of Safety Harbor's
wastewater at the point where it discharges to the City's
collection system;
6. Requirements for monitoring Safety Harbor's discharge;
7. A provision ensuring the Coordinator access to the facilities
of users located within Safety Harbor's jurisdictional
'boundaries for the purpose of inspection, sampling, and any
other duties deemed necessary by the Coordinator; and
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8. A provision specifying remedies available for breach of the
terms of the Multi-jurisdictional Agreement. The City
reserves the right to take any necessary legal action to
enforce the terms and standards of the City's Pretreatment
Division.
Sec. 32.216. Reporting Requirements.
(1) Baseline Monitoring Reports.
(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 Chapter 62-625.410(2)(d)
FAC, whichever is later, existing categorical users currently
discharging to or scheduled to discharge to the POTW shall submit to
the Coordinator 'a report which contains the information listed in
paragraph (b), below. 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 Coordinator 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 name of the operator and owner.
2. Environmental Permits. A list of any environmental control
permits held by or for the facility.
3. Description of Operations. A brief description of the nature,
average rate of production, and standard industrial
classifications of the operation(s) carried out by such user.
This description should include a schematic process
diagram which indicates points of discharge to the POTW
from the regulated processes.
4. Flow Measurement. Information showing the measured
average daily and maximum daily flow, in gallons per day, to
the POTW from regulated process streams and other
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6393- 99
streams, as necessary, to allow use of the combined
wastestream formula set out in Chapter 62-625.410(6) FAC.
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 or by the Coordinator, of
regulated pollutants 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 procedures set out in
Subsection (10) of this Section.
C. Sampling must be performed in accordance with
procedures set out in Subsection (11) of this Section.
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 (O&M) and/or additional pretreatment is
required to meet, the pretreatment standards and
requirements.
7. Compliance Schedule. If additional pretreatment and/or
O&M will be required to meet the pretreatment standards,
the shortest schedule by which the user will provide such
additional pretreatment and/or O&M. The completion date in
this schedule shall not be later than the compliance date
established for the applicable pretreatment standard. A
compliance schedule pursuant to this section must meet the
requirements set out in Subsection (2) of this Section.
8. Signature and Certification. All baseline monitoring reports
must be signed and certified in accordance with Section
32.214(7) of this Division.
(2) Compliance Schedule Progress Reports.
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The following conditions shall apply to the compliance schedule required
by Subsection (1)(b)7 of this Section:
(a) The schedule shall contain progress increments in the form of
dates for the commencement and completion of major events
leading to the construction and operation of additional pretreatment
required for the user to meet the applicable pretreatment standards
(such events include, but are not limited to, hiring an engineer,
completing preliminary and final plans, executing contracts for
major components, commencing and completing construction, and
beginning and conducting routine operation);
(b) No increment referred to above shall exceed six (6) months;
(c) The user shall submit a progress report to the Coordinator no later
than fourteen (14) days following each date in the schedule and the
final date of compliance including, as a minimum, whether or not it
complied with the increment of progress, the reason for any delay,
and, if appropriate, the steps being taken by the user to return to
the established schedule; and
(d) In no event shall more than six (6) months elapse between such
progress reports to the Coordinator.
(3) Reports on Compliance with Categorical Pretreatment
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 POTW, any
user subject to such pretreatment standards and requirements shall submit to
the Coordinator a report containing the information described in Sections (1)(b)4-
6 of this Section.
(a) For users subject to equivalent mass or concentration limits
established in accordance with the procedures in Chapter 62-
625.410(4) FAC, this report shall contain a reasonable measure of
the user's long-term production rate.
(b) 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
r the user's actual production during the appropriate sampling period.
2s
X393- q9
All compliance reports must be signed and certified in accordance with Section
32.214(7) of this Division.
(4) Periodic Compliance Reports.
(a) All significant industrial users shall biannually submit a report
indicating the nature and concentration of pollutants in the
discharge which are limited by pretreatment standards and the
measured or estimated average and maximum daily flows for the
reporting period. All periodic compliance reports must be signed
and certified in accordance with Section 32.214(7) of this Division.
(b) All wastewater samples must be representative of the user's
discharge. Wastewater monitoring and flow measurement facilities
shall be properly operated, kept clean, and maintained in good
working order at all times. The failure of a user to keep its
monitoring facility in good working order shall not be grounds for
the user to claim that sample results are unrepresentative of its
discharge.
(c) If a user subject to the reporting requirement in this section
monitors any pollutant more frequently than required by the
Coordinator, using the procedures prescribed in Subsection (11) of
this Section, the results of this monitoring shall be included in the
report.
(5) Reports of Changed Conditions.
Each user must notify the Coordinator of any planned significant changes
to the user's operations or system which might alter the nature, quality, or
volume of its wastewater at least thirty (30) calendar days before the change.
(a) The Coordinator may require the user to submit such information
as may be deemed necessary to evaluate the changed condition,
including the submission of a wastewater discharge permit
application under Section 32.214(6) of this Division.
(b) The Coordinator, at his discretion, may issue a wastewater
discharge permit under Section 32.214(8) of this Division or modify
an existing wastewater discharge permit under Section 32.215(4)
of this Division in response to changed conditions or anticipated
changed conditions.
26
6593, ell
,. (c) For purposes of this requirement, significant changes include, but
are not limited to;
I . Flow increases of twenty percent (20%) or greater; or
2. The discharge of any previously unreported pollutant(s).
(6) Reports of Potential Problems.
(a) 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, that may
cause potential problems for the POTW, the user shall immediately
telephone and notify the Coordinator of the incident. This
notification shall include the location of the discharge, 4,pe of
waste, concentration and volume, if known, and corrective actions
taken by the user.
(b) Within five (5) days following such discharge, the user shall, unless
waived by the Coordinator, submit a detailed written report
describing the cause(s) of the discharge and the measures to be
taken by the user to prevent similar future occurrences. Such
r,
notification shall not relieve the user of any expense, loss, damage,
or other liability which may be incurred as a result of damage to the
POTW, natural resources, or any other damage to person or
property; nor shall such notification relieve the user of any fines,
penalties, or other liability which may be imposed pursuant to this
Division.
(c) A notice shall be permanently posted on the user's bulletin board or
other prominent place advising employees whom to call in the
event of a discharge described in paragraph (a), above. Employers
shall ensure that all employees, who may cause such a discharge
to occur, are advised of the emergency notification procedure.
(7) Reports from Unpermitted Users.
All non-domestic users not required to obtain a wastewater discharge
permit shall provide timely and appropriate reports to the Coordinator in the
format and frequency that the Coordinator may require.
(8) Notice of Violation/Repeat Sampling and Reporting.
Ij
27
k307-2!!5'- ?
.--? If sampling performed by a user indicates a violation, the user must notify
the Coordinator within twenty-four (24) hours of becoming aware of the violation.
(a) The user shall also repeat the sampling and analysis within seven
(7) days of notifying the Coordinator and submit the results of the
repeat analysis to the Coordinator within fifteen (15) days of the
collection of the repeat sample.
(b) The Coordinator may, at his sole discretion, direct sampling and
reporting at different frequencies with alternate reporting periods as
may be necessary to protect and maintain the POTW effluent
quality.
(c) The user is not required to resample if the Coordinator monitors at
the user's facility at least once a month, or if the Coordinator
samples between the user's initial sampling and when the user
receives the results of this sampling.
(9) Notification of the Discharge of Hazardous Waste.
Discharge of hazardous waste shall NOT be allowed. Any hazardous
waste that is accidentally discharged shall be reported immediately per
Subsection (6) of this Section.
(10) 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 FAC and Chapter
40 CFR Part 136, unless otherwise specified in an applicable categorical
pretreatment standard. If either of the above techniques does not contain
sampling or analytical techniques for the pollutant in question, sampling and
analyses must be performed in accordance with procedures approved by EPA.
(11) 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 Coordinator 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.
2s
J393 '99
(b) Samples for oil and grease, temperature, pH, cyanide, phenols,
sulfides, and volatile organic compounds must be obtained using
grab collection techniques.
(12) Timing.
Written reports will be deemed to have been submitted on the date
postmarked. For reports which are not mailed, postage prepaid, into a mail
facility serviced by the United States Postal Service, the date of receipt of the
report shall govern.
(13) Record Keeping.
Users subject to the reporting requirements of this Division shall retain,
and make available for inspection and copying, all records of information
obtained pursuant to any monitoring activities required by this Division and any
additional records of information obtained pursuant to monitoring activities
undertaken by the user independent of such requirements. Records shall
include the date, exact place, method, and time of sampling, and the name of the
person(s) taking the samples; the dates analyses were performed; who
performed the analyses; the analytical techniques or methods used; and the
results of such analyses. These records shall remain available for a period of at
" least three (3) years beyond the expiration date of the permit for which the
records were created. This period shall be automatically extended for the
duration of any litigation concerning the user or the City, or where the user has
been specifically notified of a longer retention period by the Coordinator.
Sec. 32.217. Compliance Monitoring.
(1) Right of Entry: Inspection and Sampling.
The Coordinator shall have the right to enter the premises of any user to
determine whether the user is complying with all requirements of this Division
and any wastewater discharge permit or order issued hereunder. Users shall
allow the Coordinator ready access to all parts of the premises for the purposes
of inspection, sampling, records examination and copying, and the performance
of any additional duties.
(a) Where a user has security measures in force which require proper
Identification and clearance before entry into its premises, the user
shall make necessary arrangements with its security guards so
that, upon presentation of suitable identification, the Coordinator
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63q3 -99
,. will be permitted to enter without delay for the purposes of
performing specific responsibilities.
(b) The Coordinator shall have the right to set up on the user's
property, or require installation of, such devices as are necessary
to conduct sampling and/or metering of the user's operations.
(c) The Coordinator may require the user to install, at its expense,
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 by a certified technician as often as the manufacturer of
the equipment recommends to ensure their accuracy, or upon the
Coordinator's direction.
(d) Any temporary or permanent obstruction to safe and easy access
to the facility to be inspected and/or sampled shall be promptly
removed by the user at the written or verbal request of the
Coordinator and shall not be replaced. The costs of clearing such
access shall be born by the user.
(e) Delays, which the Coordinator considers unreasonable, in allowing
the Coordinator access to the user's premises shall be a violation
of this Division.
(2) Search Warrants.
If the Coordinator 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 Division, 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 Division or any permit or order
issued hereunder, or to protect the overall public health, safety and welfare of
the community, then the Coordinator may seek issuance of a search warrant
from the Circuit Court of Pinellas County.
Sec. 32.218. Confidential Information.
Information and data on a user obtained from reports, surveys,
wastewater discharge permit applications, wastewater discharge permits, and
monitoring programs, and from the Coordinator's inspection and sampling
activities, shall be available to the public without restriction, unless the user
specifically requests, and is able to demonstrate to the satisfaction of the
30 ? 3J3-?
,.? Coordinator, that the release of such information would divulge information,
processes, or methods of production entitled to protection as trade secrets under
applicable State law.
(a) Formal Request Deadline: Any such request must be asserted at
the time of submission of the information or data;
(b) Protection of Confidential Information: When requested and
demonstrated by the user furnishing a report that such information
should be held confidential, the portions of a report which might
disclose trade secrets or secret processes shall not be made
available for inspection by the public, but shall be made available
immediately upon request to governmental agencies for uses
related to the NPDES program or pretreatment program, and in
enforcement proceedings involving the person furnishing the
report;
(c) Disclosure of Wastewater Discharge Characteristics: Wastewater
constituents and characteristics and other "effluent data" as defined
by 40 CFR 2.302 will not be recognized as confidential information
and will be available to the public without restriction.
µ Sec. 32.219. Publication of Users in Significant Noncompliance.
The Coordinator shall publish annually, in the largest daily newspaper
published in the municipality where the POTW is located, 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 any one or more of the following:
(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:
1. Equals or exceeds the product of the daily maximum limit or
the average limit multiplied by the applicable criteria (1.4 for
3E
b37/2 3-99
a. f/' war ?? ? ? 4'.
,-? BQD, TSS, fats, oils and grease, and 1.2 for all other
pollutants except pH);
2. Measure either less than 5.5 standard pH units or more than
9.0 pH units.
(c) Any other discharge violation that the Coordinator believes has
caused, alone or in combination with other discharges, interference
or pass through, including endangering the health of POTW
personnel or the general public;
(d) Any discharge of pollutants that has caused imminent
endangerment to the public or to the environment, or has resulted
in the Coordinator 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 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 Coordinator determines will
adversely affect the operation or implementation of the local
pretreatment program.
Sec. 32.220. Administrative Enforcement Remedies.
(1) Notification of Violation. When the Coordinator finds that a user
has violated, or continues to violate, any provision of this Division, a wastewater
discharge permit or order issued hereunder, or any other pretreatment standard
or requirement, the Coordinator may serve upon that user a written Notice of
Violation. Within fourteen (14) calendar days of the receipt of this notice, an
explanation of the violation and a plan for the satisfactory correction and
prevention 'thereof, to include specific required actions, shall be submitted by the
user to the Coordinator. Submission of this plan in no way relieves the user of
liability for any violations occurring before or after receipt of the Notice of
32
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63.0-o% -q9
,.? Violation. Nothing in this section shall limit the authority of the Coordinator to
m take any action, including emergency actions or any other enforcement action,
without first issuing a Notice of Violation.
(2) Consent Orders. The Coordinator 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
Subsections (4) and (5) of this Section and shall be judicially enforceable.
(3) Show Cause Heating, The Coordinator may order a user that has
violated, or continues to violate, any provision of this Division, a wastewater
discharge permit or order issued hereunder, or any other pretreatment standard
or requirement, to appear before the Coordinator and show cause why the
proposed enforcement action should not be taken.
(a) Notice shall be formally served on the user specifying the time and
place for the meeting, the proposed enforcement action, the
reasons for such action, and a request that the user show cause
why the proposed enforcement action should not be taken. The
notice of the meeting shall be served personally or by registered or
certified mail (return receipt requested) at least fourteen (14)
calendars days prior to the hearing. Such notice may be served on
any authorized representative of the user.
(b) A show cause hearing shall not be a bar against, or prerequisite
for, taking any other action against the user.
(4) Compliance Orders. When the Coordinator finds that a user has
violated, or continues to violate, any provision of this Division, a wastewater
discharge permit or order issued hereunder, or any other pretreatment standard
or requirement, the Coordinator may issue an order to the user responsible for
the discharge directing that the user come into compliance within a specified
time.
(a) Compliance orders shall include specific action(s) to be taken by
the user, a compliance reporting requirement and a milestone
schedule for completion of compliance activities and reporting.
(b) Compliance orders also may contain other requirements to address
the noncompliance, including additional self-monitoring and
33 ?? / 3 ?77
management practices designed to minimize the amount of
pollutants discharged to the sewer.
(c) A compliance order may not extend the deadline for compliance
established for a pretreatment standard or requirement, nor does a
compliance order relieve the user of liability for any violation,
including any continuing violation.
(d) 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.
(e) Issuance of a compliance order shall not be a bar against, or a
prerequisite for, taking any other action against the user.
(5) Cease and Desist Orders. When the Coordinator finds that a user
has violated, or continues to violate, any provision of this Division, a wastewater
discharge permit or order issued hereunder, or any other pretreatment standard
or requirement, or that the user's past violations are likely to recur, the
Coordinator may issue an order to the user directing it to cease and desist all
such violations and directing the user to:
by
(a) Immediately comply with all requirements; and
(b) Take, such appropriate remedial or preventive 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.
(6) Administrative Fines.
(a) When the Coordinator finds that a user has violated, or continues
to violate, any provision of this Division, a wastewater discharge
permit or order issued hereunder, or any other pretreatment
standard or requirement, the Coordinator may fine such user in an
amount not to exceed five-thousand dollars ($5,000.00). 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.
\-)
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(b) Unpaid charges, fines, and penalties shall, after thirty (30) calendar
days, be assessed an additional penalty of eighteen percent (18%)
of the unpaid balance, and interest shall accrue thereafter at a rate
of eighteen percent (18%) 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 Coordinator to reconsider the fine along with full payment of the
fine amount within fourteen (14) calendar days of being notified of
the fine. Where a request has merit, the Coordinator may convene
a hearing on the matter. In the event the user's appeal is
successful, the payment, together with any interest accruing
thereto, shall be returned to the user. The Coordinator may add
the costs of preparing administrative enforcement actions, 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 user.
(7) Emergency Suspensions. The Coordinator 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 Coordinator may also
immediately suspend a user's discharge, after notice and opportunity to respond,
that threatens to interfere with the operation of the POTW, or which presents, or
may present, an endangerment to the environment.
(a) Any user notified 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 the suspension order, the
Coordinator may take such steps as deemed necessary, including
immediate severance of the sewer connection, to prevent or
minimize damage to the POTW, its receiving stream, or
endangerment to any individuals. The Coordinator may allow the
user to recommence its discharge when the user has demonstrated
to the satisfaction of the Coordinator that the period of
endangerment has passed, unless the termination proceedings in
Subsection (8) of this Section 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
35
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Coordinator prior to the date of any show cause or termination
hearing under Subsections (3) or (8) of this Section.
Nothing in this section shall be interpreted as requiring a hearing prior to any
emergency suspension under this section.
(8) Termination of Discharge. In addition to the provisions in Section
32.215(6) of this Division, 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 32.212 of this
Division.
Such user will be notified of the proposed termination of its discharge and be
offered an opportunity to show cause under Subsection (3) of this Section why
the proposed action should not be taken. Exercise of this option by the
Coordinator shall not be a bar to, or a prerequisite for, taking any other action
against the user.
Sec. 32.221. Judicial Enforcement Remedies.
(1) Injunctive Relief. When the Coordinator finds that a user has
violated, or continues to violate, any provision of this Division, a wastewater
discharge permit, or order issued hereunder, or any other pretreatment standard
or requirement, the Coordinator may petition the Circuit Court of Pinellas County
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
Division on activities of the user. The Coordinator 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.
36
039.3 -99
(2) Civil Penalties.
(a) A user who has violated, or continues to violate, any provision of
this Division, a wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement shall
be liable to the City, for a maximum civil penalty of one-thousand
dollars ($1,000.00) per violation, per day. In the case of a monthly
or other long-term average discharge limit, penalties shall accrue
for each day during the period of the violation.
(b) The Coordinator may recover reasonable attorneys' fees, court
costs, and other expenses associated with enforcement activities,
including sampling and monitoring expenses, and the cost of any
actual damages incurred by the City.
(c) In determining the amount of civil liability, the Court shall take into
account all relevant circumstances, including, but not limited to, the
extent of harm caused by the violation, the magnitude and duration
of the violation, any economic benefit gained through the user's
violation, corrective actions by the user, the compliance history of
the user, and any other factor as justice requires.
(d) Filing a suit for civil penalties shall not be a bar against, or a
prerequisite for, taking any other action against a user.
(3) Criminal Prosecution.
(a) A user who willfully or negligently violates any provision of this
Division, a wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement
shall, upon conviction, be guilty of a misdemeanor, punishable by a
fine of not more than $10,000.00 per violation, per day, or
imprisonment for not more than 6 months, or both.
(b) A user who willfully or negligently introduces any substance into the
POTW which causes personal injury or property damage shall,
upon conviction, be guilty of a Felony of the third degree and be
subject to a penalty of at not more than $50,000.00 or be subject to
imprisonment for not more than five (5) years, or both. This penalty
shall be in addition to any other cause of action for personal injury
or property damage available under State law.
37
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(c) A user who knowingly makes any false statements,
representations, or certifications in any application, record, report,
plan, or other documentation filed, or required to be maintained,
pursuant to this Division, wastewater discharge permit, or order
issued hereunder, or who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device or method required under
this Division shall, upon conviction, be punished by a fine of not
more than $10,000.00 per violation, per day, or imprisonment for
not more than 6 months, or both.
(4) Remedies Nonexclusive. The remedies provided for in this
Division are not exclusive. The Coordinator 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 Coordinator may take other action
against any user when the circumstances warrant. Further, the Coordinator is
empowered to take more than one enforcement action against any noncompliant
user.
Sec. 32.222. Supplemental Enforcement Action.
(1) Performance Bonds. The Coordinator may decline to issue or
reissue a wastewater discharge permit to any user who has failed to comply with
...
any provision of this Division, a previous wastewater discharge permit, or order
issued hereunder, or any other pretreatment standard or requirement, unless
such user first files a satisfactory bond, payable to the City, in a sum not to
exceed a value determined by the Coordinator to be necessary to achieve
consistent compliance.
(2) Liability Insurance. The Coordinator may decline to issue or reissue
a wastewater discharge permit to any user who has failed to comply with any
provision of this Division, a previous wastewater discharge permit, or order
issued hereunder, or any other pretreatment standard or requirement, unless the
user first submits proof that it has obtained financial assurances sufficient to
restore or repair damage to the POTW caused by its discharge.
(3) Water Supply Severance. Whenever a user has violated or
continues to violate any provision of this Division, a wastewater discharge permit,
or order issued hereunder, or any other pretreatment standard or requirement,
water service to the user may be severed. Service will only recommence, at the
user's expense, after it has satisfactorily demonstrated its ability to comply.
Sec. 32.223. Affirmative Defenses to Discharge Violations.
i
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10.) (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.
(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
Coordinator 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.
39
&vo -q9
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 facility is reduced, lost, or fails.
(2) Prohibited Discharge Standards. A user shall have an
affirmative defense to an enforcement action brought against it for
noncompliance with the general prohibitions in Section 32.212('l)(a) of this
Division or the specific prohibitions in Sections 32.212(1)(b)3-17 of this Division if
it can prove that it did not know, or have reason to know, that its discharge,
alone or in conjunction with discharges from other sources, would cause pass
through or interference and that either:
(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.
(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
i
' ...ter
40
/?3?3'9`f
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 notice to the Coordinator, at least ten (10) days
before the date of the bypass, if possible.
2. A user shall submit oral notice to the Coordinator of an
t unanticipated 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 Coordinator 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 Coordinator 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
????' w
41
condition is not satisfied if adequate back-up
equipment should have been installed in the exercise
of reasonable engineering judgment to prevent a
bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
c. The user submitted notices as required under
paragraph (c) of this section.
2. The Coordinator may approve an anticipated bypass, after
considering its adverse effects, if the Coordinator determines
that it will meet the three conditions listed in paragraph (d)1
of this section.
Sec. 32.224. Wastewater Treatment Rates.
(1) Surcharged Wastewater Service Fees. Any business or industry
that discharges five-thousand (5,000) gpd or more of wastewater in excess of the
allowable concentrations of the following parameters may be subjected to a
surcharged service fee to cover the increased costs associated with treatment.
These fees shall be added to the monthly service charge as follows:
i
1-1
Parameter Explanation
BODE Fee is based on the excess concentration above 250 mg/l.
Fee is computed as the total volume of metered water
over the billing period, expressed in millions of gallons
(MG) multiplied by the average day BOD5 in excess of 250
mg/l, the conversion factor of 8.34 and the surcharge rate.
TSS Fee is based on the excess concentration above 250 mg/I.
Fee is computed as the total volume of metered water
over the billing period, expressed in millions of gallons
(MG) multiplied by the average day TSS in excess of 250
mg/l, the conversion factor of 8.34 and the surcharge rate.
Nitrogen Fee is based on the excess concentration above 35 mgA.
(TN) Fee is computed as the total volume of metered water
over the billing period, expressed in millions of gallons
(MG) multiplied by the average day TN in excess of 35
mg/l, the conversion factor of 8,34 and the surcharge rate.
Fats Oil & Fee is based on the excess concentration above 100 mg/I.
Grease Fee is computed as the total volume of metered water
(FOG) over the billing period, expressed in millions of gallons
(MG) multiplied by the average day FOG in excess of 100
mg/l, the conversion factor of 8.34 and the surcharge rate.
42
Surcharge
Rate
$ 0.30/lb
$ 0.30/lb
$ 0.45/lb
$ 1.46/lb
/v393-99
.7
(2) Fees for Septic Tank Wastes. Septic tank wastes will be
accepted at the POTW.
(a) The Administrator or the Coordinator have the right to reject
introduction of septic tank wastes into the POTW at any time.
(b) Fees for septic tank wastes will be established as twenty-five
dollars ($25,00) for each one-thousand (1,000) gallons of hauled
wastewater.
(c) The Administrator will periodically review and adjust fees for septic
tank wastes based on the strength and/or volumes of septic tank
wastes received at the POTW and other considerations.
Sec. 32.225. Miscellaneous Provisions.
(1) Pretreatment Charges and Fees. The City may adopt reasonable
fees, as set by the Administrator, for reimbursement of costs of setting up and
operating the City's Pretreatment Program which may include:
(a) Fees for wastewater discharge permit applications including the
cost of processing such applications;
(b) Fees for monitoring, inspection, and surveillance procedures
including the cost of collection and analyzing a user's discharge,
and reviewing monitoring reports submitted by users;
(c) Fees for reviewing and responding to accidental discharge
procedures and construction;
(d) Fees for fling appeals; and
(e) Other fees as the City may deem necessary to carry out the
requirements contained herein. These fees relate solely to the
matters covered by this Division and are separate from all other
fees, fines, and penalties chargeable by the City.
(2) Severabi#ity.
If any provision of this Division is invalidated by any court of competent
jurisdiction, the remaining provisions shall not be effected and shall continue In
full force and effect.
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k367 -99