8322-13ORDINANCE NO. 8322-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE COLLECTION AND TREATMENT OF
WASTEWATER AND RESOURCES WITH THE POTENTIAL TO
BE RECLAIMED; AMENDING CODE OF ORDINANCES,
SECTION 32.211, ADDING PROTECTIVE VERBIAGE,
CHANGING DEFINITIONS FOR CLARIFICATION IN FUTURE
SECTIONS, CLARIFYING AUTHORITIES, CHANGING
INDUSTRY TERMINOLOGY; SECTION 32.212, CLARIFYING
PROHIBITIONS, ADDING MORE FLEXIBLE LANGUAGE FOR
OPERATING PARAMETERS, INCORPORATING CHANGES TO
SUB-SECTION OF FAC THAT CLARIFY RESPONSIBILITIES,
INCLUDING BEST MANAGEMENT PRACTICES; SECTION
32.213, CLARIFYING LANGUAGE; INCORPORATING FAC
LANGUAGE CHANGES; SECTION 32.214, CHANGING
SECTION TITLE, ADDING CLARIFYING LANGUAGE; SECTION
32.215, CHANGING SECTION TITLE, ADDING CLARIFYING
LANGUAGE FOR PERMIT WAIVERS AND REDUCED
REPORTING CRITERIA; SECTION 32.216, ADDING
CLARIFYING LANGUAGE, CHANGING CITATION DUE TO THIS
ORDINANCE CHANGE; SECTION 32.217, CORRECTING
SPELLING ERROR; SECTION 32.219, CHANGING LANGUAGE
FOR SIGNIFICANT NON-COMPLIANCE AS REQUIRED BY
REGULATORY AUTHORITIES; SECTION 32.220, CHANGING
CITATIONS DUE TO THIS ORDINANCE CHANGE, CHANGING
LANGUAGE TO IMPROVE READABILITY; SECTION 32.221,
CHANGING LANGUAGE TO COMPLY WITH FAC; SECTION
32.223, ADDING DESCRIPTIVE HEADING, CHANGING
LANGUAGE TO IMPROVE READABILITY; SECTION 32.224,
INCREASING SURCHARGE RATES, INCREASING RATE FOR
NITROGEN, ADDING PROVISION TO ACCEPT NON-SEPTIC
LIQUID WASTE, MOVING FEES TO APPENDIX A(7) ADDING
RATE STRUCTURE FOR NON-SEPTIC HAULED LIQUID
WASTE; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 32.211, Code of Ordinances, City of Clearwater, is amended
to read as follows.
Sec. 32.211. General Provisions.
Ordinance No. 8322-1::t
(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 et seq.) and the Pretreatment Requirements for Existing and
New Sources of Pollution (Florida Administrative Code FAC 62-625). The objectives o�'
this division are:
(a) To prevent the introduction of pollutants into the
wastewater facilitv that will interfere with its operation;
(b) To prevent the introduction of pollutants into the wastewater facilitv�is4y
that will pass through the water reclamation facilitv�y
, inadequately treated, into receiving waters, or otherwise b�;
incompatible with the publicly owned treatment works;
(c) To protect both wastewater facilitv and personnel
who may be affected by wastewater and sludge in the course of their employment and
the general public;
(d) To maximize, promote and continuously improve opportunities to beneficially use;
reclaimed water and residuals. To protect these resources for future uses, which mav.
not yet be identified, for the maximum beneficial use by the communitv; ,
Tre��men� \A/�rLc.•
r
(e) To provide for fees for the equitable distribution of the cost of operation,
maintenance, and improvement of the wastewater facilitv t
we�s; and
(fl To enable the city to comply with its National Pollutant Discharge Eliminatioru
System permit conditions, sludge use and disposal requirements, and any other federaN
or state laws to which the wastewater facilitv is subject.
This division shall apply to all users of the city's wastewater �el�ie�-se�r�facilities.
The division authorizes the issuance of wastewater discharge permits or qeneraN
ep rmits; provides for monitoring, compliance, and enforcement activities; establishe�
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 ��
utilities director (director), or his/her appointee, shalll
administer, implement, and enforce the provisions of this division. Any powers granted
to or duties imposed upon the a director may be delegated by thE�
irector to the pretreatment coordinator (#�►e-coordinator) or other cit��
personnel.
2 Ordinance No.8322-1;3
The pretreatment proqram shall be based upon the followinq legal authori and the
procedures set forth in this ordinance. These authorities and procedures shall at all
times be fully and effectively exercised and implemented.
The wastewater facility shall operate pursuant to legal authority enforceable in federal,
state or local courts, which authorizes or enables the wastewater facility to apply and ta
enforce the requirements of sections 307 (b) and (c), and 402(b�(8) of the Act, and any
requlations implementinq those sections. Such authority may be contained in a statute,
ordinance, or series of contracts or joint powers aqreements which the wastewate�.
facility is authorized to enact, enter into or implement, and which are authorized by stat�.
law. At a minimum, this leqal authority shall enable the wastewater facility to:
� Deny or condition new or increased contributions of pollutants, or chanqes in th�.
nature of pollutants, to the wastewater facility by industrial users where such.
contributions do not meet applicable pretreatment standards and requirements or wher�;;
such contributions would cause the city to violate its NPDES permit;
� Require compliance with applicable pretreatment standards and requirements by;
industrial users;
� Control through permit, order, or similar means, the contribution to the;
wastewater facility by each industrial user, to ensure compliance with applicablE�
pretreatment standards and requirements.
(3) Abbreviations. The following abbreviations, when used in this division, shall hav�
the designated meanings:
• BMP Best Manaqement Practice
• BMR Baseline Monitorinq Report
• BOD Biochemical oxygen demand (five-day carbonaceous)
• CFR Code of Federal Regulalions
• CIU Categorical Industrial User
• COD Chemical oxygen demand
• EPA U.S. Environmental Protection Agency
• FAC Florida Administrative Code
• FDEP Florida Department of Environmental Protection
• gpd gallons per day
• IU Industrial User
• mg/I milligrams per liter
� MIU Minor Industrial User
• NPDES National Pollutant Discharge Elimination System
• NSCIU Non-Sic,lnificant Categorical Industrial User
• POTW Publicly Owned Treatment Works
• RCRA Resource Conservation and Recovery Act
• SIC Standard Industrial Classification
• SIU Significant Industrial User
Ordinance No.8322-1 �
• SNC Significant Non-compliance
• TSS Total suspended solids
• U.S.C. United States Code
• WRF Water Reclamation Facilitv
• WWF Wastewater Facilitv
(4) Definitions. Unless a provision explicitly states otherwise, the following terms andl
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 Clear�
Water Act, as amended, 33 U.S.C. § 1251 et seq.
.
:.�_�.; - - - -
. . . ._
.
Authorized Representative of the User.
(1) If the user is a corporation:
(a) Responsible corporate officer to include �the president, secretary, treasurer, or a
vice-president of the corporation in charge of a principal business function, or any other
person who performs similar policy or decision-making functions for the corporation; or
(b) The manager of one or more manufacturing, production, or operation facilities
provided the manaaer is authorized to make manaqement decisions that qovern th�
o�eration of the reaulated facility includinq havin tq he explicit or implicit duty of makinq
major capital investment recommendations, and initiate and direct other comprehensiv�;,
measures to assure long-term environmental compliance with environmental laws ancl
reaulations� can ensure that the necessary sYstems are established or actions taken ta
qather complete and accurate information for individual wastewater discharqe permit fo�:
aeneral permit {optional}] requirements; and wher
, ,
,' authority to sign documents has been assigned or delegated to th�
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 highesfi
official appointed or designated to oversee the operation and performance of th�,�
activities of the government facility, or their designee.
(4) The individuals described in paragraphs 1 through 3, above, may designat�,�
nn��her .����he�ri�or) ror�rocan���ive a duly authorized representative if the authorization i�
4 Ordinance No.8322-1;�
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 oxygen demand or BOD. The quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedures for five days at 20"
centigrade, usually expressed as a concentration (e.g., mg/I).
Bypass. The intentional diversion of wastewater streams from any portion of an
industrial user's treatment facilitv.
Best Manaqement Practices or BMPs means:
�1) The schedules of activities, prohibitions of practices, maintenance procedures.,
and other management practices to implement the prohibitions listed in subsections 62•:
625.400(1)(a) and
�2) FAC BMPs also include treatment requirements, operating procedures, and
practices to control plant site runoff, spillage or leaks, industrial sludqe or wast�
disposal, or drainage from raw materials storage.
Cateqorical industrial user. An industrial user subject to cateqorical pretreatmen�
standards under Rule 62-625.410, FAC, including 40 CFR Chapter I, Subchapter N,
Parts 405 throuqh 471, as of July 1, 2009, herebv adopted and incorporated bw
reference.
(1) Non—siqnificant categorical industrial user (NSCIU): The control authority may
determine that an IU subject to categorical pretreatment standards under § 403.6 and
40 CFR Chapter I, Subchapter N is a NSCIU rather than a SIU on a finding that the ILI
never discharyes more than 100 c�pd of total categorical wastewater (excludinq sanitarv,
non-contact coolinq and boiler blowdown wastewater, unless specifically included in th�
pretreatment standard).
�2) Middle tier cateaory of CIU: Considered SIU yet are eliqible for reductions in.
reqortinq and control authority monitoring and inspections.
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 I, Subchapter N, Parts 405-471.
City. The City of Clearwater. [Note: Elected city council members act ori
behalf of the citizens of the City of Clearwaterj.-
5 Ordinance No.8322-1 �
Coordinator. The person designated by the city to oversee permitting and compliance
with the city's pretreatment ordinance.
Control authority The public utility that administers a pretreatment proqram that has
been aQproved bv the Department in accordance with the requirements of Rule 62-
625 510 FAC reqardinq this ordinance the City of Clearwater public utilities
department.
Daily Maximum The arithmetic averaqe of all effluent samples for a pollutant collected,
durinq a calendar dav.
Director The public utilities director (director) is the city administrator of the industrial.
pretreatment proqram.
Duly authorized representative.
�1) The authorization is made in writinq bYthe individual described in the definition
Authorized Representative of the User listed above;
(2) The authorization specifies either an individual or a position havinq responsibility�
for the overall operation of the facility from which the discharqe oriqinates, (such as th�
position of plant manager operator of a well or well field superintendent, or a position off
equivalent responsibility) or having overall responsibility for environmental matters for
the compan�; and
(3) The written authorization is submitted to the public utilities director;
�a) If an authorization is no lonqer accurate because a different individual or position
has responsibility for the overall operation of the facility, or overall responsibilitv for
environmental matters for the company a new authorization satisfying the requirements
of paragraph (c) above must be submitted to the duly authorized municipal official, if the
IU is submittinq the reports required in subsections.
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 that is not a new source.,
,
.m
Florida Department of Environmental Protection or FDEP (Department). The EPA ha�
deleqated its authority to the Department for the purpose of regulatinq this proqram by
way of 62-625 FAC.
Ordinance No.8322-1:3
Grab sample. Individual, discrete sample collected at a specific time. A qrab sampl�
includes all sub samples or aliauots (e.q. individual containers for specific analytes o�
analyte qroups), sample fractions (e.g. total and filtered samples), and all applicabl�
field quality control samples (e.q. field sample duplicates or split samples) collected afi
the same locations within a time not exceeding 15 minutes. �
�irr�o n�4 4� evneerl fifFeon mir�� ��o�
Indirect discharge or discharge. The introduction of pollutants into the wastewate�;
facili �from any non-domestic source_ , , ;}
„f +he e..+
��
Instantaneous limit. The maximum concentration of �
pollutant allowed to be discharged at any time, determined from the analysis of an�
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 discharge�
from other sources, inhibits or disrupts the water reclamation facility�9-TV�F, its treatmenk
processes or operations or its sludge processes, use or disposal; and therefore, is �
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 followinc�
statutory/regulatory provisions or permits issued thereunder, or any more stringent stat�
or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Titl�
II commonly referred to as the Resource Conservation and Recovery Act (RCRA); an�
state regulations contained in any state sludge management plan prepared pursuant tc�
Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substance�
Control Act; and the Marine Protection, Research, and Sanctuaries Act.
Local limit. Specific discharge limits developed and enforced by the city upon industrial
or commercial facilities to implement the general and specific discharqe prohibitiona
listed in 40 CFR 403.5(a)(1) and (b�, and 62-625.500 and 32.212 of this ordinance;:
These limits shall be protective of the wastewater facility against pass throuqh;�
interFerence, physical hazards and allow for compliance of the wastewater facilitv�
discharge permit and beneficial use of reclaimed water and residuals.
Maximum allowable industrial loading. The total mass of a pollutant that all industrial
users and other controlled sources may discharge without causing qass throucth or
interference.
Method detection limit or "MDL". The estimate of the minimum amount of a substance
that an analyte process can reliably detect. A mdl is analyte- and matrix-specific and i:a
laboratory dependent.
7 Ordinance No.8322-1:3
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.
Middle tier categorical industrial user. A significant industrial user that based on flovti!
characteristics and comqliance record ma� be desiqnated as such by the control
authority; if so is eligble for reduced monitorinct and reporting.
New source.
(1) Any building, structure, facility, or installation from which there is (or may be) d
discharge of pollutants, the construction of which commenced after the publication oi�
proposed pretreatment standards under Section 307(c) of the Act which will b�
applicable to such source if such standards are thereafter promulgated in accordanc�
with that section, provided that:
(a) The building, structure, facility, or installation is constructed at a site at which ncr
other source is located; or
(a) The building, structure, facility, or installation totally replaces the process o��
production equipment that causes the discharge of pollutants at the existing source; or
(b) The production or wastewater generating process of the building, structure,
facility, or installation are substantially independent of an existing source at the sam�
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 tcr
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 construction does not create a new building,
structure, facility, or installation meeting the criteria of subsection (1)(b) or (c) above but
otherwise alters, replaces, or adds to the existing process or production equipment.
(3) Construction of a new source defined under this paragraph has commenced 'rf
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 o�
existing buildings, structures, or facilities which is necessary for the placement„
assembly, or installation of new source facilities or equipment; or
8 Ordinance No.8322-1:�
(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 noi:
constitute a contractual obligation under this paragraph.
Non-contact cooling water. Water used for cooling which does not come into contactt
with any raw material, intermediate product, waste product, or finished product.
Non-siqnificant categorical industrial user (NSCIU). Industrial user that discharqes 100
alcL lons per dav (qpd) or less of total cateqorical wastewater (excludinct sanitarv, non•;
contact coolinq and boiler blowdown wastewater, unless specifically included in the
pretreatment standard) and the followina conditions are met:
(1) The industrial user, prior to the control authority's findinq has consistentlw
complied with all applicable cateaorical pretreatment standards and reauirements;
(2) The industrial user annually submits the certification statement required ir�
subsection 62-625.600(17 , FAC, toclether with anv additional information necessarv tc�
support the certification statement; and
(3) The industrial user never discharqes any untreated cateqorical proces�,
wastewater.
Pass through. A discharge which exits the water reclamation facilitv� into water;;
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, firm, company, corporation,
association, joint stock company, trust, estate, governmental entity, or any other IegaV
entity; or their legal representatives, agents, or assigns. This definition includes alq
federal, state, and local governmental entities.
pH. 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, grease 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 characteristic;�
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 wastewater facilitv�9-AAF. This reduction or
9 Ordinance No.8322-1;3
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 tu
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 prohibited discharges. Absolute prohibitions againsi:
the discharge of certain substances; these prohibitions appear in section 32.212(1) oi�
this division.
Publicly owned treatment works or POTW. A"treatment works," as defined by Sectior�
212 of the Act (33 U.S.C. §1292) which is owned by the city and includes the marshal�
street, northeast and east water reclamation facilities. This definitiori
includes any devices or systems used in the collection, storage, treatment, recycling,
and reclamation of sewage or industrial wastes of a liquid nature and any conveyance��
which convey wastewater to a water reclamation facilitv.#�ea#+�e�laRt.
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, dishwashinc�
operations, etc.).
Significant industrial user.
�1) Categorical industrial users; except when the public utilities director has
determined that an industrial user subLect to cate�orical pretreatment standards is �
non-significant categorical industrial user (NSCIU) rather than a siqnificant industrial
user; and ;
(2) A user that:
(a) Discharges an average of 25,000 gpd or more of process wastewater to the�
wastewater facilitv�_RAF (excluding domestic wastewatersaa+�a�, noncontact cooling,
and boiler blowdown wastewater); or
(b) Contributes a process wastestream which makes up five percent or more of thP
average dry weather hydraulic or organic capacity of the water reclamatiori
facili D�1TA/ �ron+men� r�l.�n�• Or
,
(c) Is designated as such by the city on the basis that it has a reasonable potenti�l
for adversely affecting the wastewater facilities'�s operation or for violating any
10 Ordinance No.8322-1:3
pretreatment standard or requirement in accordance with paragraph 62-625.500(2)(e),
FAC.
(3) Upon a finding that a user meeting the criteria in subsection (2) has no
reasonable potential for adversely affecting the wastewater facilities'�AE'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(�2)(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 subsection 32.212(1).�s �s+e�:�
A slug discharqe is any discharae of a non-routine episodic nature including but no1:
limited to an accidental spill or a non-customary batch discharqe, which has a�,
reasonable potential to cause interference or pass throuqh, or in any other wav violate;
the wastewater facilities' regulations, local limits or permit conditions.
Standard Industrial Classification (SIC) Code. A classification pursuant to the Standard
Industrial Classification Manual issued by the United States Office of Management andl
Budget.
Stormwater. Any flow occurring during or following any form of natural precipitation, and
resulting from such precipitation, including snowmelt.
���
Suspended solids. The total suspended matter that floats on the surface of, or i�;
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 wastewater facilitv��.
Wastewater facility (WWF) Any facilit�which discharqes wastes into waters of the stat�
or which can reasonably be expected to be a source of water pollution and includes anv;
or all of the followingq the collection and transmission system, the water reclamatiori.
facility the reuse or disposal system, and the residuals manaaement facility.
Wastewater reclamation facili �1IVRF). ^r +re'+tmon4 .,��.,+ That portior�
of the �9-�WWF which is designed to provide treatment of municipal sewage anc!
industrial waste.
11 Ordinance No.8322-1;�
Section 2. Section 32.212, Code of Ordinances, City of Clearwater, is amended
to read as follows.
Sec. 32.212. General Sewer Use Requirements.
(1) Prohibited Discharge Standards.
(a) General Prohibitions. No user shall introduce or cause to be introduced into the
VWVF� any pollutant or wastewater which causes pass through interference.
These general prohibitions apply to all users of the VWVF�9-�AF 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�
VWVF� the following pollutants, substances, or wastewater:
1. Pollutants which create a fire or explosive hazard in the VWVF�, 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 CFR 261.21;
2. Wastewater having a pH less than 5.5 or more than 9.59, or otherwise causingi
corrosive structural damage to the 1NWF�9�F-or equipment;
3. Solid or viscous substances in amounts which will cause obstruction of the flow�
in the WWF�9�1AF resulting in interference but in no case solids greater than three-
eighths of an inch or ninety-five-one-hundredths of a centimeter in any dimension.
4. Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in �
discharge at a flow rate and/or pollutant concentration which, either singly or by�
interaction with other pollutants, will cause interference with the VWVF�;
5. Wastewater having an average temperature greater than �122°F (4�50°C), att
the point of connection with the city's sanitary sewer system;
6. Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, iru
amounts that will cause interference or pass through;
7. Pollutants which result in the presence of toxic gases, vapors, or fumes within th�
VWVF� in a quantity that may cause acute worker health and safety problems;
8. Trucked or hauled pollutants, except at discharge points designated by th�
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 d
hazard to life, or to prevent entry into the sewers for maintenance or repair;
12 Ordinance No.8322-13
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 #�ea��er�la�WRF's effluent, thereby violating th�
city's wastewater NPDES permit;
11. Wastewater containing any radioactive wastes or isotopes except in complianc�
with applicable state or federal regulations;
12. Stormwater, excludinq stormwater that has been in contact with an approved
industrial process, 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 th�
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'<.�.
effluent to fail a toxicity test;
16. Detergents, surface-active agents, or other substances which may cause�
excessive foaming in the WRF�9�1F;
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 processec�
or stored in such a manner that they could be discharged into the WWF�.
(2) National Categorical Pretreatment Standards. The categorical pretreatmenfi
standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471 are hereby�
incorporated into this division�'w+sier�.
(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 impos�:
equivalent concentration or mass limits in accordance with Chapter 62-625.410(4) FAC.
�b) When the limits in a cateqorical Pretreatment Standard are exqressed onlv ir;i
terms of mass of pollutant per unit of production, the Coordinator may convert the limit��
to eauivalent limitations expressed either as mass of pollutant discharaed per dav oi.
effluent concentration for purposes of calculating effluent limitations applicable tc►
individual Industrial Users Chapter 62-625.410(4) FAC.
13 Ordinance No.8322-1;:f
(c) (�When wastewater subject to a categorical pretreatment standard is mixed
with wastewater not regulated by the same standard, the Coordinator shall impose ari
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) ��FAC will be�
considered eligible for the combined wastestream formula.
(d) {s�A user may obtain a variance from a categorical pretreatment standard if the
user can prove, pursuant to the procedural and substantive provisions in Chapter 62•-
625.700 FAC that factors relating to its discharge are fundamentally different from th�;
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 permii:
application for a wastewater discharge permit, in accordance with the procedures iri
section 32.215 of the division.
� {d�A user may obtain a net gross adjustment to a categorical standard iri
accordance with Chapter 62-625.820 FAC, with approval from the city.
Industrial user's file must contain documentation of how equivalent limits were
determined.
�f Cateaorical industrial user (CIU desiqnations and criteria. These desiqnation;>
and the reduction of qermittinq, sampling and reportina are at the discretion of the public;;
utilities director. Reqardless of desiqnation, all CIU shall be tracked and the list of CIU.
shall be submitted to FDEP as part of the annual report in accordance with 62•;:
625.600(8).
To qualify as a Non-siqnificant categorical industrial user (NSCIU):
�a,Z Never discharqe 100 apd or more of total categorical wastewater discharqed (na�
averagina).
� Have consistently complied with all aQplicable pretreatment standards.
� Never discharqe any untreated concentrated wastewater.
2. To qualify as a Middle tier categorical industrial user desiqnation:
�a,� Discharae does not exceed 0.01 percent of the desiqn dry weather hydraulic
capacity of the W1NF or 5,000 qallons per day whichever is smallest.
� Discharge does not exceed 0.01 percent of the design dry weather orqanic.
treatment capacity of the VWVF; and
� Discharae does not exceed the maximum allowable headworks loadinq for an�.
pollutant for which approved local limits were developed.
14 Ordinance No.8322-1:?�
� CIU has not been in Significant Non-compliance anv time in the past 2 years
� Reduced reportinq requirements would still result in data that is representative o�
the conditions occurrinq at the facility and in the discharae.
(3) State Pretreatment Standards. Chapter 62-625.410 FAC identifie�
pretreatment standards (by reference) for industries, and is applicable in th�
determination of categorical industrial discharges within the city's jurisdiction.
The industrial pretreatment proqram shall develop and implement procedures to ensur�
compliance, and at a minimum enable the program to:
Identify and locate all possible industrial users which might be subject to the
pretreatment program. 32-214(1).
� Identify the character and volume of pollutants contributed to the VWVF by th�,
industrial users identified under (a) above, 32.214 (2); 32.214 (6); 32.216 (1Z
� Notify industrial users identified under (a) above of applicable pretreatmeni;
standards and any applicable requirements under Parts I and IV of Chapter 403, F.S.,,
reqardinq disposal of sludqe. Within 30 days of approval of a list of significant industrial.
users, in accordance with paragraph 32.214(1)(d), notify each sipnificant industrial use�;
of its status as such and of all requirements applicable to it as a result of such status;
� Receive and analyze self-monitorinq reports and other notices submitted b�.
industrial users in accordance with the self-monitoring requirements in Rule 62-625.60q,�
FAC;
� Randomly sample and analvze the effluent from industrial users and conducl;
surveillance activities in order to identify independent of information supplied bv;
industrial users occasional and continuinq non-compliance with pretreatmenl.
standards. Inspect and sample the effluent from each siqnificant industrial user at least
once a year, except as specified in sub-subparaqraphs 1. through 3. below.
1. Where the control authoritv has authorized a categorical industrial user to waiv��
sampling of a pollutant regulated by a categorical pretreatment standard in accordanc��
with paragraph 62-625.600(4)(b), FAC, the control authority must sample for the waive�
pollutant(s� at least once during the term of the categorical industrial user's control
mechanism. In the event that the control authority subsequently determines that ��
waived pollutant is present or is expected to be present in the industrial user'�,
wastewater based on chanaes that occur in the user's operations, the control authorit��
must immediatelYbegin at least annual inspection and effluent monitorina of the user'�;
discharqe;
15 Ordinance No.8322-1;t
2. Where the control authoritv has determined that an industrial user meets the�
criteria for classification as a non-significant cateqorical industrial user, the controll
authority must evaluate, at least once per year, whether an industrial user continues ta
meet the criteria in paragraph 62-625.200(25)(c , F�
3. In the case of industrial users subject to reduced reportinq requirements under
paraqraph 62-625.600(4)(d), FAC, the control authoritv must randomly sample andl
analyze the effluent from industrial users and conduct inspections at least once everv�
two years. If the industrial user no lonqer meets the conditions for reduced reportina in�
paraqraph 62-625.600(4)(d), FAC, the control authority must immediately begir�
samplinq and inspecting the industrial user at least once a vear;
� Evaluate siqnificant industrial users plan to control sluq discharaes 32.213(3).
�f Investigate instances of non-compliance with pretreatment standards an�
requirements as indicated in the reports and notices required under Rule 62-625.600„
FAC or indicated by analvsis, inspection, and surveillance activities described ir�
subparagraph (d) above.
(4) Local �limits. Local limits shall be established, using standard procedures.,
calculations and methods acceptable to FDEP, to protect against pass through and
interference. A"Plan of Studv" must be submitted to the Department prior to bepinninq
samplinq necessary to determine local limits. No industrial user shall discharge proces:�
wastewater, individual regulated wastestreams, unregulated wastestreams, or dilut�;
wastestreams in excess of the concentrations set forth by the director, or
his/her designee. Local limits shall be included as permit conditions and attached tc�
each significant industrial user (SIU) permit issued.
� The established local limits are subject to change and shall be modified a�
needed based on regulatory requirements and standards, VWVFP��AF operation,
performance and processes, the industrial user base, potable water quality ancl
domestic wastewater characteristics. Modifications to the established local limits mus1:
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 SIU Permit.
� The established local limits apply at the point where the wastewater is�
discharged to the VWVF�9�AF. All concentrations for metallic substances are for "total"
metal unless indicated otherwise. The coordinator may impose mass limitations ir�
addition to, or in place of, the concentration based limitations set forth by th�
irector, or his his/her designee.
� The pretreatment proqram may develop best manaciement practices (BMPs1�
these may be im�lemented by ordinance or in individual wastewater discharqe permit�
or general permits these BMP's shall be considered local limits and pretreatmeni�
standards 32.212(1) and shall be enforced as such.
16 Ordinance No.8322-1;�
(5) The city's right of revision. The city reserves the right to establish, by ordinance„
or bv the director, ef-i�individual wastewater discharge permits, or qenerall
ep rmits• more stringent standards or requirements er�for discharges to the ���F�VVWF;
consistent with the purpose of this ordinance.
(6) Dilution. Dilution prohibited as substitute for treatment. Except where expressly�
authorized to do so bv an applicable pretreatment standard or requirement. 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 achiev�
compliance with a discharge limitation unless expressly authorized by an applicabl�
pretreatment standard or requirement. The Coordinator may impose mass limitationu
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.
Section 3. Section 32.213, Code of Ordinances, City of Clearwater, is amended
to read as follows.
Sec. 32.213. Pretreatment of Wastewater.
(1) Pretreatment facilities. Users shall provide wastewater treatment as necessary tcr
comply with this division and shall achieve compliance with all categorical pretreatmen�
standards, local limits, and the prohibitions set out in section 32.212(1) of this divisior�
within the time limitations specified by EPA, the State of Florida's Chapter 62-625 FAC,
or the Gcoordinator, 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 o��
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 o�'
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 thei��
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 sucri
other conditions as may be necessary to protect the WWF�9-�-lAF and determine the
user's compliance with the requirements of this division.
(b) The coordinator may require any person discharging into the W1NF� ta
install and maintain, on their property and at their expense, a suitable storage and flow•-
17 Ordinance No.8322-1:��
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, 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 shall com�lv with the
city's fats oil and qrease manaaement ordinance, and shall be so located to be easily
accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned,
and repaired—feg�4a�l�, as +�eededdetermined by the citv's qrease manaqement,
ordinance, 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, at least
once every two years whether each significant industrial user needs a plan to controN
slug discharqes New siqnificant industrial users must be evaluated within 1 vear ot
being desiqnated a siqnificant industrial user. The results of such evaluations shall be;
made available to the Public Utilities department upon request Siqnificant industrial
users are required to notify the control authority immediatelv of anv chanqes at its
facility affectinq the potential for a slug discharae. If the control authoritv decides that �
sluq control plan is needed the plan shall contain at a minimum, the followinq
elements: , �
, ,
. ,
. �
,
(a) Description of discharge practices, including non-routine batch discharges;
(b) Description of stored chemicals;
(c) Procedures for immediately notifying th '
�afge, control authority and the WWF of slug discharges, includinq anv discharq�
that would violate a prohibition under section 32.212 with procedures for follow-u�;�
written notification within five davs, as required by subsection 32.216(6)�ec�ie�-�
. ; and
18 Ordinance No.8322-1:s
(d) Procedures to prevent adverse impact from any accidental or slug discharge.
Such procedures include, but are not limited to, inspection and maintenance of storag�
areas, handling and transfer of materials, loading and unloading operations, control o��
plant site runoff, worker training, building of containment structures or equipment.,
measures for containing toxic organic pollutants, including solvents, and/or measure�
and equipment for emergency response.
(4) Hauled wastewater.
(a) Waste from liquid waste haulers such as: chemical toilets,a+� domestic septic;
tanks and grease interceptors may be introduced into the VWVF� 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 hauled industrial wastewater will be accepted.
Section 4. Section 32.214, Code of Ordinances, City of Clearwater, is amended
to read as follows.
Sec. 32.214. Wastewater discharge permit a�t+ef► ro ram.
(1) Permit�+�g �r�application. Wastewater discharge permit applications,=Any
new or existing business, or industry within the city who� must apply for a license to da
businessi must also make application for wastewater discharge into the city's sanitary�
sewer system under the guidelines below:
(a) Industrial user survey_: Why requested by the coordinator1 any new or existinc�
industrial user must submit information on the nature and characteristics of it:;
wastewater by completing an industrial user survey. The coordinator may prepare d
form for this purpose and may periodically require industrial users to update the survey.,
Failure to complete this survey shall be responsible grounds for terminating service trr
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 SIUS 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 who� proposes to discharge septic tank waste
must fill out and submit to the coordinator the appropriate hauled domestic waste permi�
application. Liquid waste haulers may be requlated bv either an individual wastewater
discharge permit or general permit. Each load of liquid waste to be disposed of shall b�
individually manifested, which describes the origin�sZ, type, stabilization method, and
volume of wastes.
19 Ordinance No.8322-1 ��
(d) Siqnificant industrial users. The aublic utility shall prepare and maintain a list o�
its industrial users meeting the criteria in the definition as stated 32-211(4).
(2) Wastewater analysis. When requested by the coordinator, any user must submit
information on the nature and characteristics of its wastewater within 30 calendar day�
of the request. The coordinator is authorized to 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 W1NF�!
without first obtaining a wastewater discharge permit from the coordinator, except that �
significant industrial user that has filed a timely application pursuant to subsection (6) off
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 outt
in sections 32.220 — 32.222 of this division. Obtaining a wastewater discharge permi�
does not relieve a permittee of its obligation to comply with all federal and stat�
pretreatment standards or requirements or with any other requirements of federal, state„
and local law.
(4) Wastewater discharge permitting: Existing connections. Any user required tc�
obtain a wastewater discharge permit who was discharging wastewater into th�
VWVF� prior to the effective date of this division and who wishes to continue such�
discharges in the future, shall, within 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 VWVF� to continue after
180 calendar days of the effective date of this division except in accordance with �
wastewater discharge permit issued by the coordinator.
(5) Wastewater discharge permitting: New connections. Any user required to obtairi
a wastewater discharge permit who proposes to begin or recommence discharging intG
the W1NF� 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 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 application. The coordinator may�
require all users to submit as part of an application the following information:
20 Ordinance No.8322-1�
(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 VWVFR9�F;
(c) Number and type of employees, hours of operation, and proposed or actuall
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);
(fl Site plans, floor plans, mechanical and plumbing plans, and details to show alll
sewers, floor drains, and appurtenances by size, location, and elevation, and all point�
of discharge;
(g) Time, duration and variability of discharges;
(h) The results of sampling and analysis identifying the nature and concentration o�
priority pollutants, as well as any other regulated pollutants in the discharge from th�
facility. The sample(s) shall be representative of daily operations and shall be analyze�
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;
�
(j) Any requests for a monitorinq waiver (or a renewal of an approved monitorinq
waiver) for a pollutant neither present nor expected to be present in the discharqe.
based on section 32.215 of this division.
�k) Any request to be covered by a general permit based on section 32.215 of this;,
division; and
(I) Any other information as may be deemed necessary by the coordinator ta�
evaluate the wastewater discharge permit application.
Incomplete or inaccurate applications will not be processed and will be returned to th�;�
user for revision, completion and resubmittal within a-430 calendar days, or othe��
deadline as specified by the coordinator.
21 Ordinance No.8322-1;:
(7) Application signatories and certification. All wastewater discharge permit
applications and user reports must be signed by an authorized representative of the
user, as defined in 32.211(4), and contain the following certification statement:
"I certify under penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on
my inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my
knowledge and believe, true, accurate, and complete. I am aware that there �sare
significant penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violations."
(8) Wastewater discharge permit decisions. The coordinator will evaluate the data
furnished by the user and may require additional information. Within 30 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.
Section 5. Section 32.215, Code of Ordinances, City of Clearwater, is amended
to read as follows.
Sec. 32.215. Individual wastewater discharge permit and qeneral permit—+��a�se
��.
� Wastewater discharqe permit types:
� Individual — Issued to a SIU, except in the instance that a general permit criteria.
is qualified for as listed in (b) below and issued. The director may not control an SIU.
throuqh a qeneral permit where the facility is subject to production-based cateQOrical�,
pretreatment standards or cateqorical pretreatment standards expressed as mass oi`
�ollutant discharged per dav or for IUs whose limits are based on the combined,
wastestream formula (section 62-625.410(6) or neUgross calculations 62-625.820).
� General permits - The option to issue qeneral permits in lieu of individual permits;
is authorized under state law 62-625.500(2)(a)7.
1 The director may use general permits to control SIU discharqes to the VWVF if
the followinq conditions are met. All facilities to be covered by a general permit must:
a. Involve the same or substantially similar types of operations;
b. Discharge the same types of wastes;
c. Reauire the same effluent limitations;
22 Ordinance No.8322-1�
d. Require the same or similar monitorinq; and
e. In the opinion of the director are more appropriately controlled under a aeneral,
permit than under individual wastewater discharae permits.
2 To be covered by the general permit, the SIU must file a written request for;
coverage that identifies its contact information production processes, the tvpes oi;
wastes qenerated the location for monitoring all wastes covered by the qeneral permit,,
any requests in accordance with section 62-625.600(4)(b) FAC for a monitorinq waiver
for a pollutant neither present nor expected to be present, in the discharqe, and anv�
other information the VWVF deems appropriate. A monitoring waiver for a pollutani;
neither present nor expected to be present in the discharge is not effective in the;
qeneral permit until after the director has provided written notice to the SIU that such a
waiver request has been qranted.
3 The coordinator will retain a copv of the �eneral permit, documentation to support
the VWVF's determination that a specific SIU meets the criteria as listed ir�
32.215(1)(b)1.
�-4. The control authority shall maintain a copy of the user's written request for
coverage for three years after the expiration of the qeneral permit.
�5. The director may not control a SIU throuah a qeneral permit where the facilitv is
subject to production based categorical pretreatment standards or cateaorical
pretreatment standards expressed as mass of pollutant discharqed per day or for IU.<�
whose limits are based on the combined wastestream formula 62-625.410(6) or
net/gross calculations 62-625.820.
(��Wastewater discharge permit duration. A wastewater discharge permit shall bF
issued for a specified time period, not to exceed five years from the effective date of th�
permit. A wastewater discharge permit may be issued for a period less than five years,
at the discretion of the coordinator. Each wastewater discharge permit will indicate
specific dates upon which it becomes effective and will expire.
{�}�Wastewater discharge permit contents. A wastewater discharge permit shalk
include such conditions as are deemed reasonably necessary by the coordinator ta�
prevent pass through or interFerence, protect the quality of the water body receiving the;�
�R9�A�WRF's effluent, protect worker health and safety, protect future beneficial uses o1:
resources such as reclaimed water and bio-solids and other residuals, facilitate sludg�
management and disposal, a�protect against damage to the 1NWF�, and comply
with state and federal permits regulating the W1NF�.
(a) Wastewater discharge permits shall contain:
1. A statement that indicates the permit duration, which in no event shall exceec�
five years;
23 Ordinance No.8322-1:',�
2. A statement that the permit is non-transferrable in accordance with sub-section
(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, including best management practices, based on applicable�
eg neral pretreatment standards in this chapter, cateqorical pretreatment standards,,
local limits, and state and local law;
5. Self monitoring, sampling, reporting, notification, and record-keepin�
requirements. These requirements shall include an identification of pollutants or best
management practices to be monitored, sampling location(s), sampling frequency, and
sample type based on aeneral pretreatment standards, cateporical pretreatmen�
standards, local limits, federal, state, and local law;-afl�
6 The process for seekinq a waiver from monitorinq for a pollutant neither presentt
nor expected to be present in the discharcle in accordance with paraqraph 62•;
625 600(4)(b) FAC or a specific waived pollutant in the case of an individual control
mechanism;
�7. A statement of applicable civil and criminal penalties for violation of pretreatmen�
standards and requirements, and any applicable compliance schedule. Such schedul�
may not extend the time for compliance beyond that required by applicable federal,
state, or local law.-i
8 Requirements to control sluq discharqe, if determined by the coordinator to be
necessary; and
9 Any arant of the monitorinq waiver and or reduction of monitorinq or reportinq bv;
the director as listed in 32.215(4) must be included as a condition in the user's permit.
(b) Wastewater discharge permits or qeneral 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 o1�
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;
24 Ordinance No.8322-1:c
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 into the VWVF�9�AF;
5. The unit charge or schedule of user charges and fees for the management of the�
wastewater discharged to the VWVF�;
6. Requirements for installation and maintenance of inspection, flow monitoring andl
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 no�
relieve the permittee of responsibility for compliance with all applicable federal and stat�
pretreatment standards, including those which become effective during the term of th�
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.
� Wastewater discharge permit waivers and reduced reportinq criteria.
(a) The director may authorize the industrial user subject to a cateqorical
pretreatment standard to waive samplinq of a pollutant requlated by a cateqorical
pretreatment standard if the industrial user demonstrates the followinq throuqh samplinq
and other technical factors:
1 The pollutant is neither present nor expected to be present in the discharqe, o��
the pollutant is present only at backqround levels from intake water and without an�.
increase in the pollutant due to activities of the industrial user;
2 The pollutant is determined to be present solelv due to sanitarv wastewate�.
discharqed from the facilit�provided that the sanitary wastewater is not reaulated bv an,
�plicable cateqorical standard and otherwise includes no process wastewater.
(b) This authorization of the monitorinq waiver is subject to the followinq condition�
and does not supersede certification processes and requirements established in�
cateqorical pretreatment standards except as specified in the cateqorical pretreatment
standard:
1 The monitoring waiver is valid only for the duration of the effective period of th��
permit or other eauivalent individual control mechanism, but in no case lonqer than 5�
25 Ordinance No.8322-1;'�
years. The user must submit a new request for the waiver before the waiver can be;
aranted for each subsequent control mechanism.
2. In makinq a demonstration that a pollutant is not present, the industrial user must
provide data from at least one samplinq of the facility's process wastewater prior to anv�
treatment present at the facility that is representative of all wastewater from aIN
processes. Non-detectable sample results may only be used as a demonstration that a�
�ollutant is not present if the Department approved method from Rule 62-4.246, FAC,,
with the lowest method detection limit for that pollutant was used in the analysis.
3. The request for a monitorinq waiver must be siyned in accordance witf�
subsection 32.214(7),
4. The authorization must be included as a condition in the industrial user's control
mechanism. The reasons supportinq the waiver and any information submitted by th�
user in its reauest for the waiver must be maintained bv the control authority for 3 year�;
after expiration of the waiver.
5. Upon approval of the monitorinq waiver and revision of the industrial user'c�
control mechanism by the control authority, the industrial user must certify each repor�
with the followina statement 62.625.600(4)( c)5:
"Based on my inquiry of the person or persons directly responsible for manaain�
compliance with the pretreatment standard for 40 CFR �specifv applicable national
pretreatment standard part(s)1, I certify that, to the best of my knowledqe and belief,
there has been no increase in the level of flist pollutant(s)1 in the wastewaters due to thE
activities at the facility since filing of the last periodic report under paragraph 62•;
625.600(4 (aZ )• FAC.,,
6. In the event that a waived pollutant is found to be present, or is expected to b�.
present based on chanaes that occur in the industrial user's operations, the industrial,
user must immediately notifv the control authority and comply with the monitorinq.
requirements of paraqraph (4)(a) above or other more frequent monitoring requirements,
imposed by the control authoritv
(c) Wavier administration:
1. Where the control authority has authorized a categorical industrial user to waiv�,
samplinq of a pollutant requlated � a categorical pretreatment standard in accordanc�.
with paragraph 62-625 600L)(b) FAC the control authority must sample for the waived.
pollutant(s) at least once during the term of the catec1orical industrial user's controli
mechanism.
2. In the event that the control authority subsequently determines that a waived
pollutant is present or is expected to be present in the industrial user's wastewate�.
based on changes that occur in the user's operations, the control authority must
26 Ordinance No.8322-1;?�
immediately begin at least annual inspection and effluent monitoring of the user'�
discharqe.
(d) Reduced reportinq for categorical industrial user:
1. Non-significant cateqorical industrial user: Where the control authoritv ha:�
determined that an industrial user meets the criteria for classification as a non-
siqnificant categorical industrial user, the control authority may decide not to permit th�
desiqnated NSCIU. The NSCIU shall be evaluate, at least once per year, whether ari,
industrial user continues to meet the criteria in 32.211(4) definitions — sianificani;
industrial user (3) and paragraph 62-625.200(25)(c ,�
2. NSCIU compliance reporting requirements: Facilities shall report annually and,
submit an annual certification. An industrial user determined to be a non-siqnificanl:
cateqorical industrial user in accordance with paragraph 62-625.200(25Z(c), FAC, mus1:
annually submit the followinq certification statement, siqned in accordance with th�;;
siqnatory requirements of authorized representative of the user as defined in th�;;
definition Sec.32-211(4). The certification must accompany any alternative reporl.
reauired bYthe control authoritv;
3. Middle tier categorical industrial user: The control authority mav reduce th�.
reportinq requirement to no less frequently than once a year, unless required mor�.
freauently in the pretreatment standard(s) or by the director, where the industrial user
meets all of the followinqconditions.
a. The industrial user's total categoricat wastewater flow does not:
i. Exceed 0.01 percent of the desic�n dry weather hydraulic capacity of the WRF, or
5 000 gallons per day whichever is smaller, as measured bv a continuous effluent flow�
monitorinq device unless the industrial user discharqes in batches;
ii. Exceed 0.01 percent of the design dry weather organic treatment capacitv of th�
WRF; and
iii. Exceed 0.01 percent of the maximum allowable headworks loadinq for an��
pollutant regulated by the applicable categorical pretreatment standard for which�
a�_proved local limits were developed for a 1NWF in accordance with subsection 62;:
625.400(3}, FAC
b. The industrial user has not been in siqnificant non-compliance in the past finrr;►
years; and
c. The industrial user does not have daily flow rates, production levels, or pollutan�
levels that vary so siqnificantly that decreasing the reportinq requirement for thi:�
industrial user would result in data that are not representative of conditions occurrinc7
durinq the reportinq period.
27 Ordinance No.8322-1;f
4. Control authority middle tier CIU compliance requirements: At the director's;
discretion, the control authority's obliqation to inspect and sample middle tier CIU's may
be reduced to not less than once every finro years. "
�{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 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 permitt
provisions objected to, the reasons for this objection, and the alternative condition, iff
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 working days, a request for
reconsideration shall be deemed to be denied. Decisions not to reconsider a permit, noft
to issue a permit, or not to modify a permit shall be considered final administrativE
actions for purposes of judicial review.
(e) Aggrieved parties seeking judicial review of the final administrative wastewater
discharge permit decision must do so by filing a complaint with the Circuit Court o�
Pinellas County.
�(4� Wastewater discharge permit modification. The coordinator may modify a
wastewater discharge permit for good cause, including, but not limited to, the followinq
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 permi�
issuance;
(c) A change in either the POTW or its federal and/or state operating permits tha�.
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;
28 Ordinance No.8322-13
(e) Violation of any terms or conditions of the wastewater discharge permit;
(fl 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 FAC;
(h) To correct typographical or other errors in the wastewater discharge permit.
�{-�} 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:
(a) Failure to notify the coordinator of significant changes to the wastewater prior ta
the changed discharge;
(b) Failure to provide prior notification to the coordinator of changed condition�
pursuant to section 32.216(5) of this division;
(c) 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;
(fl Refusing to allow the coordinator timely access to the facility premises an�
records;
(g) Failure to meet effluent limitations;
(h) Failure to pay fines;
(i) Failure to pay sewer charges;
(j) Failure to meet compliance schedules;
(k) Failure to complete a wastewater survey or the wastewater discharge permift
application; •
29 Ordinance No.8322-1 �
(I) 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 ne�nr
wastewater discharge permit to that user for that facility.
�{� Wastewater discharge permit reissuance. A user with an expiring wastewater
discharge permit shall apply for wastewater discharge permit reissuance by submitting a
complete permit application, in accordance with section 32.214(6) of this division, a
minimum of ninety calendar days prior to the expiration of the user's existing permit.
�{�}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 ci 'sSi�y�s Northeast Water
Reclamation Facility. All industrial users in Safety Harbor which
contribute wastewater to the City of Clearwater's water pollution control facilities ar�
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 as leasi:
as stringent as this division and local limits which are at least as stringent as those se�l:
out in 32.214(4) of this division. The requirement shall specify that such ordinance ancl
limits must be revised as necessary to reflect changes made to the city's ordinance o��
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 alll
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;
30 Ordinance No.8322-1'4
6. Requirements for monitoring Safety Harbor's discharge;
7. A provision ensuring the coordinator access to the facilities of users locatecl
within Safety Harbor's jurisdictional boundaries for the purpose of inspection, sampling,
and any other duties deemed necessary by the coordinator; and
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.
Section 6. Section 32.216, Code of Ordinances, City of Clearwater, is amended
to read as follows.
Sec. 32.216. Reporting requirements.
(1) Baseline monitoring reports.
(a) Within either 180 days after the effective date of a categorical pretreatmenl:
standard, or 180 days after the final administrative decision made upon eF►a categor��
determination request under �qa�e�paraqraph 62-625.410(2)(d) FAC, whichever i<,��
later, existing categorical industrial users subject to such cateqorical pretreatmenl.
standards and currently discharging to or scheduled to discharge to the WWF�IaAi'
shall submit to the coordinator a report which contains the information listed ir��
paragraph (b), below. At least 90 days prior to commencement of �discharge, nev�
sources, and sources that become categorical industrial users subsequent to the�
promulgation of an applicable categorical standard, shall submit to the coordinator �
report which contains the information listed in paragraph (b), below. New sources shalll
include in this report information on the method of pretreatment it intends to use to meet
�plicable categorical pretreatment standards. A+�ev�New sources shall give estimate:;,
of its anticipated flow (daily and maximum) and �concentration or mass ot
pollutants to be discharged.
1. The industrial user may submit a baseline report which utilizes onlv historicall
data so long as the data provides information sufficient to determine the need for
industrial pretreatment measures.
2 The baseline report shall indicate the time, date and place, of samplinq; methodca
of analysis� and test results for each component and shall certify that such samplinq and
analysis is representative of normal work cycles and expected pollutant discharpes tc►
the WWF.
(b) Industrial users shall submit the pertinent information a�
set forth below.
1. Identifying information. The name and address of the facility, including the nam��
of the operator and owner.
31 Ordinance No.8322-1:3
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 ofi
production, and standard industrial classifications (SIC code and/or NAICS code) of th�
operation(s) carried out by such user. This description should include a schematic;
process diagram which indicates points of discharge to the VWVF�9�F from th�
regulated processes.
4. Flow Measurement. Information showing the measured average daily and
maximum daily flow, in gallons per day, to the 1NWFFA�IAF from regulated proces<.�
streams and other streams, as necessary, to allow use of the combined wastestrearri
formula set out in Chapter 62-625.410(6) FAC.
5. Measurement of Pollutants.
a. The categorical pretreatment standards applicable to each regulated process ancl,
anv new cateqorically regulated processes for existing sources.
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.
c. Instantaneous, daily maximum, and long-term average concentrations, or mass,
where required, shall be reported.
d. The sample shall be representative of daily operations and shall be analyzed in
accordance with procedures set out in subsection (10) of this section. Where th�;
standard requires compliance with a BMP or pollution prevention alternative, the use�r
shall submit documentation as required by the coordinator or the applicable standard;�.
to determine compliance with the standard.
� e. Sampling must be performed in accordance with procedures set out ir�
subsection (11) of this section.
6. Compliance certification. A statement, reviewed by the user's authorizec�
representative and certified by a qualified professional, indicating whether pretreatment
standards are being met on a consistent basis, and, if not, whether additional operatioru
and maintenance (O&M) and/or additional pretreatment is required to meet thF�
pretreatment standards and requirements.
7. Compliance schedule. If additional pretreatment and/or e�0&M will be requirec�
to meet the pretreatment standards, the shortest schedule by which the user will provid�
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 pretreatmentt
32 Ordinance No.8322-1:�
standard. A compliance schedule pursuant to this section must meet the requirements�
set out in subsection 32.216(2) e�e�
8. Signature and certification. All baseline monitoring reports must be signed and
certified in accordance with section 32.214(7)_ .
(2) Compliance schedule progress reports. The following conditions shall apply ta
the compliance schedule required by subsection 32.216(1)(b)7 and 2:��
�ie+�:
(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 applicabl��
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 months;
(c) The user shall submit a progress report to the coordinator no later than 14 day<�
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 months elapse befinreen such progress reports ta�
the coordinator.
(3) Reports on compliance with categorical pretreatment standard� deadline�:,;.
Within 90 days following the date for final compliance with applicable categorical�
pretreatment standards, or in the case of a new source following commencement of the�
introduction of wastewater into the VWVF�, any user subject to such pretreatmenfi
standards and requirements shall submit to the coordinator a report containing th�:�
information described in sections 32.216(1)(b)4-6_ .
(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 iru
terms of allowable pollutant discharge per unit of production (or other measure ofi
operation), this report shall include the user's actual production during the appropriat��
sampling period.
33 Ordinance No.8322-1;;
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 S( IUsZshall at a minimum submit biannually-s�it
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)_ .
1. SUIs with best manaqement practices (BMPs) in lieu of numerical limits are;
required to submit, at a minimum, bi-annual reports.
2. Middle tier CIU as desiqnated by the coordinator may be excluded from the bi-:
annual reportina reauirement when qranted by the control authority reduced submission�
of self monitoring reports once per year.
3. Reports submitted at reduced frequency must be representative of the conditions
occurring during the entire reporting period consistent with 32.216(1).
(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 kee�
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 32.216(11) ^{ +"�° °°^+�e►�, 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 system1 which might alter th�
nature, quality, or volume of its wastewateri at least 30 calendar days before th�
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 �
wastewater discharge permit application under section 32.214(6) e#�#is-�w+sie�
(b) The coordinator, at his discretion, may issue a wastewater discharge permi�
under section 32.214(8) r modify an existing wastewater discharg�
permit under section 32.215(4) in response to changed conditions or
anticipated changed conditions.
34 Ordinance No.8322-1:f
(c) For purposes of this requirement, significant changes include, but are not limited.
to;_
1. Flow increases of 20 percent 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 WWF�, the user shall
immediately telephone and notify the coordinator of the incident. This notification shall
include the location of the discharge, type of waste, concentration and volume, if known.,
and corrective actions taken by the user.
(b) Within five days following such a 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. Sucri
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 1NWFP-9�F, 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 othe��
prominent place advising employees of whom to call in the event of a dischargN
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 th�;�
coordinator in the format and frequency that the coordinator may require.
(8) Notice of violation/repeat sampling and reporting. If sampling performed by a.
user indicates a violation, the user must notify the coordinator within 24 hours o�r
becoming aware of the violation.
(a) The user shall also repeat the sampling and analysis within seven days of
notifying the coordinator and submit the results of the repeat analysis to the coordinator
within 15 days of the collection of the repeat sample.
(b) The coordinator may, at his sole discretion, direct sampling and reporting att
different frequencies with alternate reporting periods as may be necessary to protec�
and maintain the VWVF� effluent quality.
35 Ordinance No.8322-1:t
(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 32.216(6) ^{ *"�° °°^+�^^
(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.
() Sample collection.
(a) Except as indicated in subsection (b), below, the user must collect wastewater
samples using flow proportional composite collection techniques. In the even flow
proportional sampling is infeasible, the coordinator may authorize the use of time
proportional sampling or a minimum of four grab samples where the user demonstrates
that this will provide a representative sample of the effluent being discharged. In
addition, grab samples may be required to show compliance with instantaneous
discharge limits.
(b) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and
volatile organic compounds must be obtained using grab collection techniques.
�c) Sample takinq and analyses shall be performed with sufficient care to produce;
evidence admissible in enforcement proceedinqs or in judicial actions; DEP-SOP-;
001/01 or its successors shall be applied procedures for all samples.
(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 shalll
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 an�
additional records of information obtained pursuant to monitoring activities undertakeri
by the user independent of such requirements and documentation associated with best,
manaqement practices established under section 32-212(4)(c). Records shall include
the date, exact place, method, and time of sampling, and the name of the person(s;l
taking the samples; the dates analyses were performed; who performed the analyses;
36 Ordinance No.8322-1 �,
the analytical techniques or methods used; and the results of such analyses. These�
records shall remain available for a period of at least three 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.
�a) All samplinq and analysis activities shall be subject to the recordkeepinq�
requirements specified in Chapter 62-160 FAC.
(b) The control authority must retain documentation to support the control authority's;
determination that a specific industrial user qualifies for reduced reportinq requirements�
under paragraph (4)(d), above, for a period of three years after the expiration of the;
term of the permit or control mechanism.
Section 7. Section 32.217, Code of Ordinances, City of Clearwater, is amended
to read as follows.
Sec. 32.217. Compliance monitoring.
(1) Right of entry. Inspection and sampling. The coordinator shall have the right ta
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 premise�
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 identificatiori
and clearance before entry into its premises, the user shall make necessary�
arrangements with its security guards so that, upon presentation of suitabl�
identification, the coordinator will be permitted to enter without delay for the purposes o�'
performing specific responsibilities.
(b) The coordinator shall have the right to set up on the user's property, or requirN
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 b�
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 tc�
ensure their accuracy, or upon the coordinator's direction.
(d) Any temporary or permanent obstruction to safe and easy access to the facility ta�
be inspected and/or sampled shall be promptly removed by the user at the written o�•
37 Ordinance No.8322-1;�
verbal request of the coordinator and shall not be replaced. The costs of clearing such
access shall be borne 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 ta
believe that there may be a violation of this division, or that there is a need to inspecfi
and/or sample as part of a routine inspection and sampling program of the city designedl
to verify compliance with this division or any permit or order issued hereunder, or tc�
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.
Section 8. Section 32.216, Code of Ordinances, City of Clearwater, is amended
to read as follows.
Sec. 32.218. Confidential information.
Information and data on a user obtained from reports, surveys, wastewater discharg�
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 tu
the satisfaction of the coordinator, that the release of such information would divulg�
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 oi�
submission of the information or data;
(b) Protection of confidential information: When requested and demonstrated by th�
user furnishing a report that such information should be held confidential, the portions ofi
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 ou�
pretreatment program, and in enforcement proceedings involving the person furnishinc�
the report;
(c) Disclosure of wastewater discharge characteristics: Wastewater constituents anc�
characteristics and other "effluent data" as defined by EPA's 40 CFR 2.302 will not b�
recognized as confidential information and will be available to the public without
restriction.
Section 9. Section 32.219, Code of Ordinances, City of Clearwater, is amendec�
to read as follows.
38 Ordinance No.8322-1;t
Sec. 32.219. Publication of users in significant noncompliance.
The coordinator shall comply with the public participation requirements of Chapter 120!
F.S., in enforcement of pretreatment standards. In addition, these procedures shalk
include provision for at least annual public notification of industrial users who were in.
sianificant noncompliance with applicable pretreatment requirements at anv time durinQ.
the previous 12 months. Public notification shall include beinq published in a�
newspaper(s) of qeneral circulation within the jurisdiction served by the VWVF thai:
meets the reauirements of Sections 50.011 and 50.013, F.S. for the purpose of this;
provision. An industrial user is in siqnificant noncompliance if its violation meets one or
more of the followinq: , �
��b+��l�h� ��T�7c Di1TA/ ic. I�iot�1� •� lie�4 �f �he ��c��s ��T .�� r1� ���he nre�ii�� �n
�
�ii��
(a) Chronic violations of wastewater discharge limits, defined here as those in which
66 percent or more of all of the wastewater measurements taken during a six-month
period exceed (by any magnitude), a numeric pretreatment standard or reauirement,.
including instantaneous limits:
(b) Technical review criteria (TRC) violations, defined here as those in which 33
percent or more of allwra�s�ewa�e� measurements �� for each pollutant parameter
during a six-month period equal or exceed the product of the numeric pretreatment
standard or requirement including instantaneous limits, multiplied by the applicable TRG.
�TRC = 1.4 for BOC. TSS, total oil and qrease, and 1.2 for all other pollutants excepl;
�
-..
, .
r-e��-��acoi:����i�i����R-i-��ii:ua-�-�-it-�i�= � ���'�i��c����ii�0����ii-�i�-��=iGa:u�ic�n
(c) Any other discharge violation of a pretreatment standard or requirement (daily;
maximum, lonq-term averaqe, instantaneous limit, or narrative standard�that the
irector determines has caused, alone or in combination with other�
discharges, interference or pass through, including endangering the health of the
WWF�9AAF personnel or the general public;
(d) Any discharge e�pe��s that has
, resulted in the see�+r�a�eF-control authority's
exercise of its emergency authority under 32.220(5 and/or (7Zto halt or prevent such a
discharge;
39 Ordinance No.8322-13
(e) Failure to meet, within 90 days e�-after 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;
(fl Failure to provide within �845 days after the due date�� required reports;
�g-such as baseline monitoring reports, 90 day compliance reports,�e�s-e��
, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
(g) Failure to accurately report noncompliance; or
(h) Any other violation{s} or group of violations including a violation of besi;
manaqement practices, which the director determines will adversely affect
the operation or implementation of the �esal-pretreatment program.
Section 10. Section 32.220, Code of Ordinances, City of Clearwater, is amended
to read as follows.
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 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, shalR
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 ot
violation. Nothing in this section shall limit the authority of the coordinator to take any
aciion, 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 administrativ�
orders issued pursuant to subsections (4) and (5) of this section and shall be judiciall�r
enforceable.
(3) Show cause hearing. 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 shoulc�
not be taken.
40 Ordinance No.8322-13
(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 maiN
(return receipt requested) at least 14 calendar 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 fins 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 thatt
the user come into compliance within a specified time.
(a) Compliance orders shall include specific action(s} to be taken by the user, �
compliance reporting requirement and a milestone schedule for completion o�
compliance activities and reporting.
(b) Compliance orders also may contain other requirements to address thE
noncompliance, including additional self-monitoring and management practices
designed to minimize the amount of pollutants discharged to the sewer.
(c) A compliance order may not extend the deadline for compliance established for d
pretreatment standard or requirement, nor does a compliance order relieve the user o�
liability for any violation, including any continuing violation.
(d) If the user does not come into compliance within the time provided, sewer servic�
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 fins that a user has violated, o��
continues to violate, any provision of this division, a wastewater discharge permit ar
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 use��
directing it to cease and desist all such violations and directing the user to:
(a) Immediately comply with all requirements; and
41 Ordinance No.8322-1 ��
(b) Take such appropriate remedial or preventative action as may be needed tc�
properly address a continuing or threatened violation, including halting operation�
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 ir�
an amount not to exceed $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, fine��
shall be assessed for each day during the period of violation.
(b} Unpaid charges, fines, and penalties shall, after 30 calendar days, be assessed
an additional penalty of 18 percent of the unpaid balance, and interest shall accruE
thereafter at a rate of 18 percent per month. A lien against the user's property will b�
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 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. ThN
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 tc��
stop an actual or threatened discharge which reasonably appears to present or caus�
an imminent or substantial endangerment to the health or welfare of persons. Th�;�
coordinator may also immediately suspend a user's discharge, after notice and
opportunity to respond, that threatens to interfere with the operation of the VWVF�,
or which presents, or may present, an endangerment to the environment.
(a) Any user notified of a suspension of its discharge shall immediately stop o��
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 o�r
minimize damage to the VWVF�, its receiving stream, or endangerment to any
individuals. The coordinator may allow the user to recommence its discharge when th�;�
42 Ordinance No.8322-1 ��
user has demonstrated tot eh satisfaction of the coordinator that the period ot
endangerment has passed, unless the termination proceedings in 32.220 subsection (8�
�f +�,� �e..+;,,., are initiated against the user.
(b) A user that is responsible, in whole or in part, for any discharge presentin�
imminent endangerment shall submit a detailed written statement, describing th�
causes of the harmful contribution and the measures taken to prevent any futur�
occurrence, to the coordinator prior to the date of any show cause or terminatior�
hearing under 32.220 subsections (3) or (8), ^{ *��° °°^*�^^.
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(67)-e�
', any user who violates the following conditions is subject to discharg�
termination:
(a) Violation of wastewater discharge permit conditions;
(b) Failure to accurately report the wastewater constituents and characteristics of it:�
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 oi�
inspection, monitoring, or sampling; or
(e) Violation of the pretreatment standards in section 32.212_ ��e+�
Such user will be notified of the proposed termination of its discharge and be offered ar��
opportunity to show cause under 32.220 subsection (3) 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.
Section 11. Section 32.221, Code of Ordinances, City of Clearwater, is amendec�
to read as follows.
Sec. 32.221. Judicial enforcement remedies.
(1) Injunctive relief. When the coordinator finds that a user has violated, or continue�;
to violate, any provision of this division, a wastewater discharge permit, or order issuec�
hereunder, or any other pretreatment standard or requirement, the coordinator mau�
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 th��
specific performance of the wastewater discharge permit, order, or other requirementt
43 Ordinance No.8322-1::t
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 requiremenfi
for the user to conduct environmental remediation. A petition for injunctive relief shalN
not be a bar against, or a prerequisite for, taking any other action against a user.
(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�r�mimimum civil penalty�
of $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 th�
violation, the magnitude and duration of the violation, any economic benefit gaine�
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 pretreatmen�
standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishablE�
by a minimum fine of $1,000.00 per violation, per day, and not more than $10,0OO.OG
per violation, per day, or imprisonment for not more than six months, or both.
(b) A user who willfully or negligently introduces any substance into the POTW whicri
causes personal injury or property damage shall, upon conviction, be guilty of a felony
of the third degree and be subject to a minimum penalty of a�$1,000.00 per violation,
ep r day,, , . or be subject to imprisonment for not more than five
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.
(c) A user who knowingly makes any false statements, representations, o��
certifications in any application, record, report, plan, or other documentation filed, o��
required to be maintained, pursuant to this division, wastewater discharge permit, o��
order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurat�
any monitoring device or method required under this division shall, upon conviction, bE;
44 Ordinance No.8322-1 ��
punished by a minimum fine of �1,000.00 per violation, per day, and not more than
$10,000.00 per violation, per day, or imprisonment for not more than six 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.
Section 12. Section 32.222, Code of Ordinances, City of Clearwater, is amended
to read as follows.
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 oi�
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 VWVF�'
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.
Section 13. Section 32.223, Code of Ordinances, City of Clearwater, is amended
to read as follows.
Sec. 32.223. A�rmative defenses to discharge violations.
(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
45 Ordinance No.8322-13
standards because of factors beyond the reasonable control of the user. An upset doe�
not include noncompliance to the extent caused by operational error, improperly
designed treatment facilities, inadequate treatment facilities, lack of preventiv�
maintenance, or careless or improper operation.
(b) An upset shall constitute an a�rmative defense to an action brought for
noncompliance with categorical pretreatment standards if the requirements oN
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-lik�
manner and in compliance with applicable operation and maintenance procedures; and
3. The user has submitted the following information to the coordinator within 2�
hours of becoming aware of the upset if this information is provided orally, a writteri
submission must be provided within five days:
a. A description of the indirect discharge and cause of noncompliance;
b. The period of noncompliance, including exact dates and times or, if noi:
corrected, the anticipated time the noncompliance is expected to continue; and
c. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence oi�
the noncompliance.
d. In any enforcement proceeding, the user seeking to establish the occurrence o�F
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 pretreatmenfi
standards.
f. Users shall control production of all discharges to the extent necessary tc�
maintain compliance with categorical pretreatment standards upon reduction, loss, or
failure of its treatment facility until the facility is restored or an alternative method ofi
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 ar�
enforcement action brought against it for noncompliance with the general prohibitions ir�
section 32.212(1)(a) of this division or the specific prohibitions in section5,
46 Ordinance No.8322-1::c
32.212(1)(b)3-17 of this division if it can prove that it did not know, or have reason tc�
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 complianc�
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 �
user's treatment facility.
2. "Severe property damage" means substantial physical damage to property„
damage to VWVF 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 pretreatmen�
standards or requirements to be violated, but only if it also is for essential maintenanc�
to assure efficient operation. These bypasses are not subject to the provision o�
paragraphs (c) and (d) of this section.
(c) Required notification for bypass.
1. If a user knows in advance of the need for a bypass, it shall submit prior notice ta
the coordinator, at least �10 days before the date of the bypass, if possible.
2. �User shall submit oral notice to the coordinator of an unanticipated bypass
that exceeds applicable pretreatment standards within 24 hours from the time i�
becomes aware of the bypass. A written submission shall also be provided within fiv�
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, includinq
exact dates and times, and, if the bypass has not been corrected, the anticipated time i�
is expected to continue; and steps taken or ptanned to reduce, eliminate, and prevent
reoccurrence of the bypass. The coordinator may waiver the written report on a case-
by-case basis if the oral report has been received within 24 hours.
(d) Bvpass is prohibited.
47 Ordinance No.8322-13
1. , 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 sever property�
damage;
(b) There were no feasible alternatives to the bypass, such as the use of auxiliary�
treatment facilities, retention of untreated wastes, or maintenance during normal periods
of equipment downtime. This condition is not satisfied if adequate back-up equipment
should have been installed in the exercise of reasonable engineering judgment tcr
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 it�
adverse effects, if the coordinator determines that it will meet the three conditions liste�
in paragraph (d) 1 of this section.
Section 14. Section 32.224, Code of Ordinances, City of Clearwater, is amendec�
to read as follows.
Sec. 32.224. Wastewater treatment rates.
(1) Surcharged wastewater service fees. Any business or industry that discharges
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 shalt be added to the monthly
service charge as follows:
Surcharg�
Parameter Explanation Rate
BOD5 Fee is based on the excess concentration above 250 mg/I. $ O.�A32/I�
Fee is computed as the total volume of inetered water
over the billing period, expressed in millions of gallons
(MG) multiplied by the average day BOD5 in excess of
250 mg/I, the conversion factor of 8.34 and the surcharge
rate.
TSS Fee is based on the excess concentration above 250 mg/I. $ 0.�932/Ib
Fee is computed as the total volume of inetered water
over the billing period, expressed in millions of gallons
(MG) multiplied by the average day TSS in excess of 250
mg/I, the conversion factor of 8.34 and the surcharge
rate.
48 Ordinance No.8322-1 ��
Nitrogen (TN) Fee is based on the excess concentration above 35 mg/I. $ 0.4550/Ik>
Fee is computed as the total volume of inetered water
over the billing period, expressed in millions of gallons
(MG) multiplied by the average day TN in excess of 35
mg/I, the conversion factor of 8.34 and the surcharge
rate.
Fats Oil & Fee is based on the excess concentration above 100 mg/I. $1.46/Ib
Grease Fee is computed as the total volume of inetered water
over the billing period, expressed in millions of gallons
(MG) multiplied by the average day FOG in excess of 100
mg/I, the conversion factor of 8.34 and the surcharge rate.
(2) Fees for �°^+���hauled liquid wastes. Septic tank wastes will be accepted at
the WRF�9�AF. Other hauled liquid waste mav be accepted as authorized by the
director.
(a) The irector or desiqnee has the right to reject
introduction of septic tank wastes and or other hauled liauid waste into the WRF�
at any time.
(b) See Appendix A for �fees for septic tank wastes � .. A
fee will be charaed for eas�i up to the first 1,000 gallons, and then a per qallon price
thereafter. .
(c) See Appendix A for fees for hauled liquid waste other than septic. A fee will be
charqed for the first 1 000 qallons of hauled wastewater and then a per aallon price
thereafter.
��The a irector will periodically review and adjust fees for septic tank.
wastes based on the strength and/or volumes of septic tank wastes received at the
WRF�9�F and other considerations.
Section 15. Section 32.225, Code of Ordinances, City of Clearwater, is amended
to read as follows.
Sec. 32.225. Miscellaneous provisions.
(1) Pretreatment charges and fees. The city may adopt reasonable fees, as set by�
the irector, 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 o�
processing such applications;
49 Ordinance No.8322-1:i
(a} Fees for wastewater discharge permit applications including the cost ofi
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 submittedl
by users;
(c) Fees for reviewing and responding to accidental discharge procedures and
construction;
(d) Fees for filing 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) Severability. 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.
Section 16. Appendix A, Article XXV, PUBLIC WORKS —FEES, RATES ANG�
CHARGES, Section (7), Hauled liquid waste, Clearwater Code of Ordinances ia,
amended as follows:
�7) Hauled liquid waste The fees for disposal of haul liquid waste at the desiqnatec�
disposal location(s) are as follows:
�a) Septic tank waste $27.50 for first 1 000 qallons or part thereo�
$0.0275 for each qallon thereafter
(b) Hauled liquid waste other than seqtic $125.00 for first 1.000 gallons or part therecaf
$0.125 for each gallon thereafter
Section 17. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Countersigned:
50
Februar_y 7, 2013
Februarv 21,, 2013
CITY OF CLEARWATER, FLORIDA
Ordinance No.8322-13
�' c���c. � �re�C �os
George N. Cretekos
Mayor
Approved as to form:
. �
Leslie K. Douga I i es
Assistant City Atto y
51
By: � -� . - _� f�;�
William B. Horne II
City Manager
Attest:
,���a,��
Rosemarie Call
City Clerk
��t�,Q,`�?F ry�.�,,/�
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Ordinance No.8322-13