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6393-994 r 30/ ORDINANCE NO. 6393-99 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO WASTEWATER COLLECTION; REPEALING DIVISION 2, DISCHARGE RESTRICTIONS, SECTIONS 32.211 THROUGH 32.224 AND CREATING A NEW DIVISION 2, SECTIONS 32.211 THROUGH 32.225; PRETREATMENT AND DISCHARGE RESTRICTIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater has agreed to adopt the terms and conditions for Industrial Pretreatment of wastewater collection and discharge restrictions, as set forth in this Ordinance; now therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: t Section 1. Division 2, Sections 32.211 through 32.224, Code of Ordinances, is hereby repealed in its entirety and a new Division 2, Sections 32.211 through 32.225, Code of Ordinances, is hereby created as set forth in Exhibit A attached hereto. Section 2. If. any provision of this Ordinance is invalidated by any court of competent jurisdiction, the remaining provisions shall not be effected and shall continue in full force and effect. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING July 15, 1999 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Pamela K. Akin, City Attorney August 5, 1999 /Z"? /?? Brian J. A st, Mayor Co missioner Attest: Cynthia E. Goudeau, City Clerk ordinance No. 6393.99 DIVISION 2. PRETREATMENT AND DISCHARGE RESTRICTIONS Sec. 32.211. General Provisions. (1) Purpose and Policy. This division sets forth uniform requirements for users of the Publicly Owned Treatment Works for the City of Clearwater (the City) and enables the City to comply with all applicable State and Federal laws, including the Clean Water Act (33 United States Code § 1251 of seq.) and the Pretreatment Requirements for Existing and New Sources of Pollution (Florida Administrative Code FAC 62625). The objectives of this division are: (a) To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will interfere with its operation; (b) To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will pass through the Publicly Owned Treatment Works, inadequately treated, into receiving waters, or otherwise be incompatible with the Publicly Owned Treatment Works; (c) To protect both Publicly Owned Treatment Works and personnel. who may be affected by wastewater and sludge in the course of their employment and the general public; (d) To promote reuse and recycling of industrial wastewater and sludge from the Publicly Owned Treatment Works; (e) To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the Publicly Owned Treatment Works; and (f) To enable the City to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the Publicly Owned Treatment Works is subject. This division shall apply to all users of the City's Pollution Control Facilities. The division authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. (2) Administration. Except as otherwise provided herein, the Public Works Administrator (Administrator), or his appointee, shall administer, EXHIBIT A AA3- y? implement, and enforce the provisions of this division. Any powers granted to or duties imposed upon the Administrator may be delegated by the Administrator to the Pretreatment Coordinator (the Coordinator) or other City personnel. (3) Abbreviations. The following abbreviations, when used in this Division, shall have the designated meanings: • BOD Biochemical Oxygen Demand (5 Day Carbonaceous) • CFR Code of Federal Regulations • COD Chemical Oxygen Demand • EPA U.S. Environmental Protection Agency • FAC Florida Administrative Code • gpd gallons per day • mgll milligrams per liter • NPDES National Pollutant Discharge Elimination System • POTW Publicly Owned Treatment Works • RCRA Resource Conservation and Recovery Act • SIC Standard Industrial Classification • SIU Significant Industrial User • TSS Total Suspended Solids • U.S.C. United States Code (4) Definitions. Unless a provision explicitly states otherwise, the .. following terms and phrases, as used in this Division, shall have the meanings hereinafter designated. Act or "the Act". The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq. Administrator. The City's Public Works Administrator, or other designee. Approval Authority. The Approval Authority shall be the State of Florida Department of Environmental Protection. Authorized Representative of the User. (1) If the user is a corporation: (a) The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or ."1 Z 4?3q3-4?? (b) The manager of one or more manufacturing, production, or operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding twenty-five (25) million dollars (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively. (3) If the user is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee. (4) The individuals described in paragraphs 1 through 3, above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City. Biochemical Oxyqen Demand or BOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 20° centigrade, usually expressed as a concentration (e.g., mg/1). Categorical Pretreatment Standard or-Categorical Standard. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of users and which appear in 40 CFR Chapter 1, Subchapter N, Parts 405-471. Q The City of Clearwater. (Note: Elected City Commissioners act on behalf of the citizens of the City of Clearwater]. Coordinator. The person designated by the City to oversee permitting and compliance with the City's Pretreatment Ordinance. Environmental Protection Agency or EPA. The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency. Existing Source. Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical 3 pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act. Grab Samale. A sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes. Indirect Discharge or Discharge. The introduction of pollutants into the POTW from any non-domestic source regulated under Section 307(b), (c), or (d) of the Act. Instantaneous Maximum Allowable Discharge Limit. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event. Interference. A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the City's wastewater NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent State or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act. Medical Waste. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. New Source. (1) Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: (a) The building, structure, facility, or installation is constructed at a site at which no other source is located; or 4 631/",:, -'F9 (b) The building, structure, facility, or Installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (c) The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility Is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered. (2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Section (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment. (3) Construction of a new source as defined under this paragraph has commenced if the owner or operator has: (a) Begun, or caused to begin, as part of a continuous onsite construction program 1. any placement. assembly, or installation of facilities or equipment; or 2. significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or (b) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. Non-contact Cooling Water. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product. 5 r-372- ?q .,? Pass Through. A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City's NPDES permit, including an Increase in the magnitude or duration of a violation. Person. Any Individual, partnership, copartnership, fine, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities. gH. A measure of the acidity or alkalinity of a solution, expressed in standard units. Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor). Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard. Pretreatment Requirements. Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard. Pretreatment Standards or Standards. Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits. Prohibited Discharge_Standards, or ProhibitedDischa[ges. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 32.212(1) of this Division. I Publicly Owned Treatment Works or POTW. A "treatment works," as defined by Section 212 of the Act (33 U.S.C. §1292) which is owned by the City and includes the Marshall Street, Northeast and East Water Pollution Control Facilities. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of 6 ?,393 -9q .? a liquid nature and any conveyances which convey wastewater to a treatment plant. Septic Tank Waste. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. Sewage. Human excrement and gray water (household showers, dishwashing operations, etc.). Significant Industrial User. (1) A user subject to categorical pretreatment standards; or (2) A user that: (a) Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater); or (b) Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or ti (c) Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement. (3) Upon a finding that a user meeting the criteria in Subsection (2) has no reasonable potential for adversely affecting the POTW s operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in FAC 62-625.500(3)(e), determine that such user should not be considered a significant industrial user. Slug Load or Slug. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Section 32.212(1) of this Division. Standard Industrial Classification (SIC) Code. A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget. Storm Water. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt. 7 6.r3-99 a a Superintendent, The Superintendent of Water Pollution Control Facilities for the City, Suspended Solids. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering. User or Industrial User. A source of indirect discharge. Wastewater. Liquid and water-carried Industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW. Wastewater Treatment Plant or Treatment Plant. That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste. Sec. 32.292. General Sewer Use Requirements. (1) Prohibited Discharge Standards. (a) General Prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other National, State, or local pretreatment standards or requirements. (b) Specific Prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater: 1. Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed-cup flashpoint of less than 140° F (60° C) using the test methods specified in 40 CFI 261.21; 2. Wastewater having a pH less than 6.0 or more than 8.5, or otherwise causing corrosive structural damage to the POTW or equipment; 8 6.393-99 9 3. Solid or viscous substances In amounts which will cause obstruction of the flow in the P01W resulting in interference but in no case solids greater than three-eighths of an Inch (318") or ninety-five-one-hundredths of a centimeter (0.95 cm) in any dimension; 4. Pollutants, including oxygen-demanding pollutants (SOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW; 5. Wastewater having an average temperature greater than 95° F (35° C), at the point of connection with the City's sanitary sewer system; 6. Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through; 7. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; 8. Trucked or hauled pollutants, except at discharge points designated by the Coordinator in accordance with Section 32.213(4) of this Division; 9. Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair; 10. Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the City's wastewater NPDES permit; 11. Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations; (v393 - I'? f I. •t 4 12. Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, non-contact cooling water, and unpolluted wastewater, unless specifically authorized by the Coordinator; 13. Sludges, screenings, or other residues from the pretreatment of industrial wastes; 14. Medical wastes, except as specifically authorized by the Coordinator in a wastewater discharge permit; 15. Wastewater, alone or in conjunction with other ' sources, causing the POTW s effluent to fail a toxicity test; 16. Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW; 17. Fats, oils, or greases of animal or vegetable origin in excess of the established local limit, or in quantities which can impeded or impair flow. Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW. (2) National Categorical Pretreatment Standards. The categorical pretreatment standards found at 40 CFR Chapter 1, Subchapter N, Parts 405- 471 are hereby incorporated into this Division, (a) Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Coordinator may impose equivalent concentration or mass limits in accordance with Chapter 62-625.410(4) FAC, (b) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Coordinator shall impose an alternate limit using the combined wastestream formula in Chapter 62-625.410(6) FAC. Only those industrial subcategories listed in Chapters 62-625.880(1)(a-m) FAC will be considered eligible for the combined wastestream formula. ,. (c) A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and 10 ?.?13- 9g r"1 substantive provisions in Chapter 62-625.700 FAC, that factors ? relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard. The user requesting variance must file a formal request to the City, along with the permit application for an wastewater discharge permit, in accordance with the procedures in Section 32.215 of the Division. (d) A user may obtain a net gross adjustment to a categorical standard in accordance with Chapter 62-625.820 FAC, with approval from the City. (3) State Pretreatment Standards. Chapter 62-625.410 FAC identifies pretreatment standards (by reference) for industries, and is applicable in the determination of categorical industrial discharges within the City's jurisdiction. (4) Local Limits. Local limits shall be established, using standard procedures, calculations and methods acceptable to FDEP, to protect against pass through and interference. No industrial user shall discharge process wastewater, individual regulated wastestreams, unregulated wastestreams, or dilute wastestreams in excess of the concentrations set forth by the Administrator, or his designee. Local limits shall be included as permit conditions and attached to each Significant Industrial User (SIU) Permit issued. The established local limits are subject to change and shall be modified as needed based on regulatory requirements and standards, POTW operation, performance and processes, the industrial user base, potable water quality and domestic wastewater characteristics, Modifications to the established local limits must be reviewed and approved by FDEP prior to implementation. Implementation of the modified limits shall be accomplished through the development and issuance of an addendum to each SlU Permit. The established local limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for "total" metal unless indicated otherwise. The Coordinator may impose mass limitations in addition to, or in place of, the concentration based limitations set forth by the Administrator, or his designee. (5) The City's Right of Revision, The City reserves the right to establish, by Ordinance, the Administrator or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW. f 11 (0373- ?? u ,-- (6) Dilution. No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Coordinator may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. Sec. 32.213. Pretreatment of Wastewater. (1) Pretreatment Facilities. Users shall provide wastewater treatment as necessary to comply with this Division and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in Section 32.212(1) of this Division within the time limitations specified by EPA, the State of Florida's Chapter 62-625 FAC, or the Coordinator, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans and specifications describing such facilities, along with operating procedures shall be prepared, signed and sealed by a professional engineer licensed by the State of Florida, submitted to the Coordinator for review, and shall be acceptable to the Coordinator before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this Division. (2) Additional Pretreatment Measures. (a) Whenever deemed necessary, the Coordinator may require users, at their expense, to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this Division. (b) The Coordinator may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization. (c) Grease, oil, and sand interceptors shall be provided by the user and at the user's expense when, in the opinion of the Coordinator, ."; 12 (x393-y'? ,-? they are necessary for the proper handling of wastewater containing excessive amounts of fats, grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by the Coordinator and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at its expense. (d) Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter, by the user at its expense. (e) All expenses for construction, operation, maintenance, inspection, calibration and certification of pretreatment measures required herein are incumbent upon the user. (3) Accidental Discharge/Slug Control Plans. The Coordinator shall evaluate once every two (2) years, or more frequently at the discretion of the Coordinator, whether each significant industrial user needs an accidental discharge/slug control plan. The Coordinator may require any user to develop, submit for approval, and implement such a plan. Alternatively, the Coordinator may develop such a plan for any user and require that the user implement the Plan. Plans developed by the Coordinator for the user will require that the user reimburse the City for all costs incurred by the City in developing the plan. An accidental discharge/slug control plan shall address, at a minimum, the following: (a) Description of discharge practices, including non-routine batch discharges; (b) Description of stored chemicals; (c) Procedures for immediately notifying the Coordinator of any accidental or slug discharge, as required by Section 32.616(6) of this Division; and (d) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response. 13 ', (4) Hauled Wastewater. (a) Waste from chemical toilets and domestic septic tanks may be introduced into the POTW only at locations designated by the Coordinator, and at such times as are established by the Coordinator. Such waste shall not violate Section 32.212 of this Division or any other 'requirements established by the City. The Coordinator may require waste haulers to obtain wastewater discharge permits. (b) No grease trap wastes or hauled industrial wastewater will be accepted. Sec. 32.214. Wastewater Discharge Permit Application. (1) Permitting Program. Wastewater Discharge Permit Applications: Any new or existing business, or industry within the City whom must apply for a license to do business must also make application for wastewater discharge into the City's sanitary sewer system under the guidelines below: (a) Industrial User Surve : When requested by the Coordinator any new or existing industrial user must submit information on the nature and characteristics of its wastewater by completing an industrial user survey. The Coordinator may prepare a form for this purpose and may periodically require industrial users to update the survey. Failure to complete this survey shall be reasonable grounds for terminating service to the industrial user and shall be considered a violation of this division. (b) Significant Industrial User Permits: Any new or existing business meeting the definition of an SIU as defined in this Division on or after the effective date of this Division is considered an SIU and is required to obtain an SIU Permit. (c) Septic Tank Wastes: Any hauler whom proposes to discharge septic tank waste must fill out and submit to the Coordinator the appropriate hauled domestic waste permit application which describes the origin, type, stabilization method, and volume of wastes. (2) Wastewater Analysis. When requested by the Coordinator, any user must submit information on the nature and characteristics of its wastewater within thirty (30) calendar days of the request. The Coordinator is authorized to 14 ,. prepare a form for this purpose and may periodically require users to update this information. (3) Wastewater Discharge Permit Requirement. (a) No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Coordinator, except that a significant industrial user that has filed a timely application pursuant to Subsection (6) of this section may continue to discharge for the time period specified therein. (b) The Coordinator may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this Division. (c) Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this Division and subjects the permittee to the sanctions set out in Sections 32.220 through 32.222 of this Division. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local law. (4) Wastewater Discharge Permitting: Existing Connections. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this Division and who wishes to continue such discharges in the future, shall, within ninety (90) calendar days after said date, apply to the Coordinator for a wastewater discharge permit in accordance with Subsection (6) of this Section, and shall not cause or allow discharges to the POTW to continue after one-hundred-eighty (180) calendar days of the effective date of this Division except in accordance with a wastewater discharge permit issued by the Coordinator. (5) Wastewater Discharge Permitting: New Connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for the permit, in accordance with Subsection (6) of this Section, must be filed at least forty-five (45) calendar days prior to the date upon which any discharge will begin or recommence. (6) Wastewater Discharge Permit Application Contents. All users required to obtain a wastewater discharge permit must submit a permit 15 6393 011 y9 i1 application. The Coordinator may require all users to submit as part of an application the following Information: (a) All information required by Section 32.216(1)(b) of this Division; (b) Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW; (c) Number and type of employees, hours of operation, and proposed or actual hours of operation; (d) Each product produced by type, amount, process or processes, and rate of production; (e) Type and amount of raw materials processed (average and maximum per day); (f) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge; (g) Time, duration and variability of discharges; (h) The results of sampling and analysis identifying the nature and concentration of priority pollutants, as well as any other regulated pollutants in the discharge from the facility. The sample(s) shall be representative of daily operations and shall be analyzed in accordance with the procedures set out in Section 32.216(10) of this Division. Sampling must be performed in accordance with the procedures set out in Section 32.216(11) of this Division. (i) List of hazardous materials stored, manufactured, or discharged at the premises; and () Any other information as may be deemed necessary by the Coordinator to evaluate the wastewater discharge permit application. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision, completion and resubmittal within fourteen (14) calendar days, or other deadline as specified by the Coordinator. 16 t m {f® nor , ...s?u'"F,•?: (7) Application Signatories and Certification. All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement: "1 certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel property gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." (S) Wastewater Discharge Permit Decisions. The Coordinator will evaluate the data furnished by the user and may require additional information. Within thirty (34) working days of receipt of a complete wastewater discharge permit application, the Coordinator will determine whether or not to issue a permit. The Coordinator may deny any application for a wastewater discharge permit. Sec. 32.215. Wastewater Discharge Permit Issuance Process. (1) Wastewater Discharge Permit Duration. A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Coordinator. Each wastewater discharge permit will indicate specific dates upon which it becomes effective and will expire. (2) Wastewater Discharge Permit Contents. A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Coordinator to prevent pass through or interference, protect the quality of the water body receiving the POTW s effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW, and comply with State and Federal permits regulating the POTW. (a) Wastewater discharge permits shall contain: 1. A statement that indicates the permit duration, which in no event shall exceed five (5) years; 17 039,3-- y? ,r . 2. A statement that the permit is nontransferable in accordance with Subsection (5) of this Section, and includes provisions that the new owner or operator apply for a new wastewater discharge permit; 3. A requirement that the permittee file a Notice of Termination when terminating facility operations, or selling or otherwise transferring ownership of the facility to a new owner or operator; 4. Effluent limits based on applicable pretreatment standards; 5. Self monitoring, sampling, reporting, notification, and record- keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location(s), sampling frequency, and sample type based on Federal, State, and local law; and, 6. A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law. 40:,iM (b) Wastewater discharge permits may contain, but need not be limited to, the following conditions: 1. Limits on the average and/or maximum volume, average and/or maximum rate of discharge, time(s) of discharge, and/or requirements for flow regulation and equalization; 2. Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works; 3. Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges; 4. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW' 18 6.IW3--ff EF??.yt>J: ?. n.x 5. The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW; 6. Requirements for Installation and maintenance of inspection, flow monitoring and sampling facilities and equipment; 7. Requirements for the submittal of copies of monitoring logs and records; 8. A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and 9. Other conditions as deemed appropriate by the Coordinator to ensure compliance with this Division, and State and Federal laws, rules, and regulations. (3) Wastewater Discharge Permit Appeals. The Coordinator shall provide public notice of the issuance of a wastewater discharge permit. Any person, Including the user, may petition the Coordinator to reconsider the terms of a wastewater discharge permit within ten (10) working days of notice of its issuance. (a) Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal. (b) In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the permit. (c) The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal. (d) If the Coordinator fails to act within ten (10) working days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a permit, not to issue a permit, or not to modify a permit shall be considered final administrative actions for purposes of judicial review. 19 6?1301199 (e) Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by tiling a complaint with the Circuit Court of Pinellas County. (4) Wastewater Discharge Permit Modification. The Coordinator may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons: (a) To incorporate any new or revised Federal, State, or local pretreatment standards or requirements; (b) To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance; (c) A change in either the POTW or its Federal and/or State operating permits that requires either a temporary or permanent reduction or elimination of the authorized discharge; (d) Information indicating that the permitted discharge poses a threat to the City's POTW, City personnel, or the receiving waters; (e) Violation of any terms or conditions of the wastewater discharge permit; (f) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting; (g) Revision of or a grant of variance from categorical pretreatment standards pursuant to Chapter 62-625.700 FAQ (h) To correct typographical or other errors in the wastewater discharge permit. (5) Wastewater Discharge Permit Transfer. A wastewater discharge permit may NOT be transferred to a new owner or operator of a previously permitted facility. The permit application process must be repeated by the new owner or operator. (6) Wastewater Discharge Permit Revocation. The Coordinator may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons: 20 1?39?3- y'9' t (b) (c) Failure to notify the Coordinator of significant changes to the wastewater prior to the changed discharge; Failure to provide prior notification to the Coordinator of changed conditions pursuant to Section 32,216(5) of this Division; Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application; (d) Falsifying self-monitoring reports; (e) Tampering with monitoring equipment; (f) Refusing to allow the Coordinator timely access to the facility premises and records; (g) Failure to meet effluent limitations; (h) Failure to pay fines; (i) Failure to pay sewer charges; 0) Failure to meet compliance schedules; (k) Failure to complete a wastewater survey or the wastewater discharge permit application; (1) Failure to provide advance notice of the transfer of business ownership of a permitted facility; (m) Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this Division; or (n) Failure to timely file self monitoring reports. Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user for a specific facility and/or discharge are void upon the issuance of a new wastewater discharge permit to that user for that facility. (7) Wastewater Discharge Permit Reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge pen-nit reissuance by submitting a complete permit application, in accordance 21 /v39.3- 99 ,.., with Section 32.214(8) of this Division, a minimum of ninety (90) calendar days s' prior to the expiration of the user's existing permit. (8) Regulation of Waste Received from Other Jurisdictions. (a) The City of Clearwater has entered into a Multi jurisdictional Agreement with the City of Safety Harbor, which contributes wastewater to the City's Northeast Water Pollution Control Facility. All industrial users in Safety Harbor which contribute wastewater to the City of Clearwater's water pollution control facilities are subjected to the provisions of this Division under the Agreement. (b) The Multi jurisdictional Agreement contains the following conditions: 1. A requirement for Safety Harbor to adopt a sewer use Ordinance which is at least as stringent as this Division and local limits which are at least as stringent as those set out in 32.214(4) of this Division. The requirement shall specify that such Ordinance and limits must be revised as necessary to reflect changes made to the City's Ordinance or local limits; 2: A requirement for Safety Harbor to annually update and submit a revised industrial user inventory; 3. A provision specifying that the City reserves the right for permit issuance, inspection and sampling and enforcement; 4. A requirement for Safety Harbor to provide the Coordinator with access to all information that Safety Harbor obtains as part of its pretreatment activities; 5. Limits on the nature, quality, and volume of Safety Harbor's wastewater at the point where it discharges to the City's collection system; 6. Requirements for monitoring Safety Harbor's discharge; 7. A provision ensuring the Coordinator access to the facilities of users located within Safety Harbor's jurisdictional 'boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the Coordinator; and IJ 22 6393-99 8. A provision specifying remedies available for breach of the terms of the Multi-jurisdictional Agreement. The City reserves the right to take any necessary legal action to enforce the terms and standards of the City's Pretreatment Division. Sec. 32.216. Reporting Requirements. (1) Baseline Monitoring Reports. (a) Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under Chapter 62-625.410(2)(d) FAC, whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Coordinator 'a report which contains the information listed in paragraph (b), below. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Coordinator a report which contains the information listed in paragraph (b), below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged. (b) Users described above shall submit the information set forth below. 1. Identifying Information. The name and address of the facility, including the name of the operator and owner. 2. Environmental Permits. A list of any environmental control permits held by or for the facility. 3. Description of Operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes. 4. Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other 23 6393- 99 streams, as necessary, to allow use of the combined wastestream formula set out in Chapter 62-625.410(6) FAC. 5. Measurement of Pollutants. a. The categorical pretreatment standards applicable to each regulated process. b. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Coordinator, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Subsection (10) of this Section. C. Sampling must be performed in accordance with procedures set out in Subsection (11) of this Section. 6. Certification. A statement, reviewed by the user's authorized ' representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet, the pretreatment standards and requirements. 7. Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in Subsection (2) of this Section. 8. Signature and Certification. All baseline monitoring reports must be signed and certified in accordance with Section 32.214(7) of this Division. (2) Compliance Schedule Progress Reports. 24 5?3-99 The following conditions shall apply to the compliance schedule required by Subsection (1)(b)7 of this Section: (a) The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation); (b) No increment referred to above shall exceed six (6) months; (c) The user shall submit a progress report to the Coordinator no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and (d) In no event shall more than six (6) months elapse between such progress reports to the Coordinator. (3) Reports on Compliance with Categorical Pretreatment Standard Deadline. Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Coordinator a report containing the information described in Sections (1)(b)4- 6 of this Section. (a) For users subject to equivalent mass or concentration limits established in accordance with the procedures in Chapter 62- 625.410(4) FAC, this report shall contain a reasonable measure of the user's long-term production rate. (b) For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include r the user's actual production during the appropriate sampling period. 2s X393- q9 All compliance reports must be signed and certified in accordance with Section 32.214(7) of this Division. (4) Periodic Compliance Reports. (a) All significant industrial users shall biannually submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with Section 32.214(7) of this Division. (b) All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge. (c) If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the Coordinator, using the procedures prescribed in Subsection (11) of this Section, the results of this monitoring shall be included in the report. (5) Reports of Changed Conditions. Each user must notify the Coordinator of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least thirty (30) calendar days before the change. (a) The Coordinator may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 32.214(6) of this Division. (b) The Coordinator, at his discretion, may issue a wastewater discharge permit under Section 32.214(8) of this Division or modify an existing wastewater discharge permit under Section 32.215(4) of this Division in response to changed conditions or anticipated changed conditions. 26 6593, ell ,. (c) For purposes of this requirement, significant changes include, but are not limited to; I . Flow increases of twenty percent (20%) or greater; or 2. The discharge of any previously unreported pollutant(s). (6) Reports of Potential Problems. (a) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the Coordinator of the incident. This notification shall include the location of the discharge, 4,pe of waste, concentration and volume, if known, and corrective actions taken by the user. (b) Within five (5) days following such discharge, the user shall, unless waived by the Coordinator, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such r, notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this Division. (c) A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in paragraph (a), above. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure. (7) Reports from Unpermitted Users. All non-domestic users not required to obtain a wastewater discharge permit shall provide timely and appropriate reports to the Coordinator in the format and frequency that the Coordinator may require. (8) Notice of Violation/Repeat Sampling and Reporting. Ij 27 k307-2!!5'- ? .--? If sampling performed by a user indicates a violation, the user must notify the Coordinator within twenty-four (24) hours of becoming aware of the violation. (a) The user shall also repeat the sampling and analysis within seven (7) days of notifying the Coordinator and submit the results of the repeat analysis to the Coordinator within fifteen (15) days of the collection of the repeat sample. (b) The Coordinator may, at his sole discretion, direct sampling and reporting at different frequencies with alternate reporting periods as may be necessary to protect and maintain the POTW effluent quality. (c) The user is not required to resample if the Coordinator monitors at the user's facility at least once a month, or if the Coordinator samples between the user's initial sampling and when the user receives the results of this sampling. (9) Notification of the Discharge of Hazardous Waste. Discharge of hazardous waste shall NOT be allowed. Any hazardous waste that is accidentally discharged shall be reported immediately per Subsection (6) of this Section. (10) Analytical Requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in Chapter 62-160 FAC and Chapter 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If either of the above techniques does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA. (11) Sample Collection. (a) Except as indicated in Section (b), below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Coordinator may authorize the use of time proportional sampling or a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits. 2s J393 '99 (b) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques. (12) Timing. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern. (13) Record Keeping. Users subject to the reporting requirements of this Division shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this Division and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at " least three (3) years beyond the expiration date of the permit for which the records were created. This period shall be automatically extended for the duration of any litigation concerning the user or the City, or where the user has been specifically notified of a longer retention period by the Coordinator. Sec. 32.217. Compliance Monitoring. (1) Right of Entry: Inspection and Sampling. The Coordinator shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this Division and any wastewater discharge permit or order issued hereunder. Users shall allow the Coordinator ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties. (a) Where a user has security measures in force which require proper Identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Coordinator -IJ 29 63q3 -99 ,. will be permitted to enter without delay for the purposes of performing specific responsibilities. (b) The Coordinator shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations. (c) The Coordinator may require the user to install, at its expense, monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated by a certified technician as often as the manufacturer of the equipment recommends to ensure their accuracy, or upon the Coordinator's direction. (d) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Coordinator and shall not be replaced. The costs of clearing such access shall be born by the user. (e) Delays, which the Coordinator considers unreasonable, in allowing the Coordinator access to the user's premises shall be a violation of this Division. (2) Search Warrants. If the Coordinator has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this Division, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this Division or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Coordinator may seek issuance of a search warrant from the Circuit Court of Pinellas County. Sec. 32.218. Confidential Information. Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the Coordinator's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the 30 ? 3J3-? ,.? Coordinator, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable State law. (a) Formal Request Deadline: Any such request must be asserted at the time of submission of the information or data; (b) Protection of Confidential Information: When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report; (c) Disclosure of Wastewater Discharge Characteristics: Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction. µ Sec. 32.219. Publication of Users in Significant Noncompliance. The Coordinator shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the users which, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall mean any one or more of the following: (a) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of wastewater measurements taken during a six- (6-)month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount. (b) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or' more of wastewater measurements taken for each pollutant parameter during a six- (6-) month period: 1. Equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for 3E b37/2 3-99 a. f/' war ?? ? ? 4'. ,-? BQD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH); 2. Measure either less than 5.5 standard pH units or more than 9.0 pH units. (c) Any other discharge violation that the Coordinator believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public; (d) Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the Coordinator exercise of its emergency authority to halt or prevent such a discharge; (e) Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; (f) Failure to provide within thirty (30) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic, self-monitoring reports, and reports on compliance with compliance schedules; (g) Failure to accurately report noncompliance; or (h) Any other violation(s) which the Coordinator determines will adversely affect the operation or implementation of the local pretreatment program. Sec. 32.220. Administrative Enforcement Remedies. (1) Notification of Violation. When the Coordinator finds that a user has violated, or continues to violate, any provision of this Division, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Coordinator may serve upon that user a written Notice of Violation. Within fourteen (14) calendar days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention 'thereof, to include specific required actions, shall be submitted by the user to the Coordinator. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the Notice of 32 C 63.0-o% -q9 ,.? Violation. Nothing in this section shall limit the authority of the Coordinator to m take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation. (2) Consent Orders. The Coordinator may enter into Consent Orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Subsections (4) and (5) of this Section and shall be judicially enforceable. (3) Show Cause Heating, The Coordinator may order a user that has violated, or continues to violate, any provision of this Division, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Coordinator and show cause why the proposed enforcement action should not be taken. (a) Notice shall be formally served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least fourteen (14) calendars days prior to the hearing. Such notice may be served on any authorized representative of the user. (b) A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user. (4) Compliance Orders. When the Coordinator finds that a user has violated, or continues to violate, any provision of this Division, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Coordinator may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. (a) Compliance orders shall include specific action(s) to be taken by the user, a compliance reporting requirement and a milestone schedule for completion of compliance activities and reporting. (b) Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and 33 ?? / 3 ?77 management practices designed to minimize the amount of pollutants discharged to the sewer. (c) A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. (d) if the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. (e) Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user. (5) Cease and Desist Orders. When the Coordinator finds that a user has violated, or continues to violate, any provision of this Division, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Coordinator may issue an order to the user directing it to cease and desist all such violations and directing the user to: by (a) Immediately comply with all requirements; and (b) Take, such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user. (6) Administrative Fines. (a) When the Coordinator finds that a user has violated, or continues to violate, any provision of this Division, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Coordinator may fine such user in an amount not to exceed five-thousand dollars ($5,000.00). Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation. \-) 34 l 3f3-?? (b) Unpaid charges, fines, and penalties shall, after thirty (30) calendar days, be assessed an additional penalty of eighteen percent (18%) of the unpaid balance, and interest shall accrue thereafter at a rate of eighteen percent (18%) per month. A lien against the user's property will be sought for unpaid charges, fines, and penalties. (c) Users desiring to dispute such fines must file a written request for the Coordinator to reconsider the fine along with full payment of the fine amount within fourteen (14) calendar days of being notified of the fine. Where a request has merit, the Coordinator may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The Coordinator may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine. (d) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user. (7) Emergency Suspensions. The Coordinator may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Coordinator may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment. (a) Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Coordinator may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Coordinator may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Coordinator that the period of endangerment has passed, unless the termination proceedings in Subsection (8) of this Section are initiated against the user. (b) A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the 35 ?37r3-99 Coordinator prior to the date of any show cause or termination hearing under Subsections (3) or (8) of this Section. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. (8) Termination of Discharge. In addition to the provisions in Section 32.215(6) of this Division, any user who violates the following conditions is subject to discharge termination: (a) Violation of wastewater discharge permit conditions; (b) Failure to accurately report the wastewater constituents and characteristics of its discharge; (c) Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge; (d) Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; or (e) Violation of the pretreatment standards in Section 32.212 of this Division. Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Subsection (3) of this Section why the proposed action should not be taken. Exercise of this option by the Coordinator shall not be a bar to, or a prerequisite for, taking any other action against the user. Sec. 32.221. Judicial Enforcement Remedies. (1) Injunctive Relief. When the Coordinator finds that a user has violated, or continues to violate, any provision of this Division, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Coordinator may petition the Circuit Court of Pinellas County through the City's Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this Division on activities of the user. The Coordinator may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action,against a user. 36 039.3 -99 (2) Civil Penalties. (a) A user who has violated, or continues to violate, any provision of this Division, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the City, for a maximum civil penalty of one-thousand dollars ($1,000.00) per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation. (b) The Coordinator may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City. (c) In determining the amount of civil liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires. (d) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user. (3) Criminal Prosecution. (a) A user who willfully or negligently violates any provision of this Division, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $10,000.00 per violation, per day, or imprisonment for not more than 6 months, or both. (b) A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a Felony of the third degree and be subject to a penalty of at not more than $50,000.00 or be subject to imprisonment for not more than five (5) years, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law. 37 ?3g3-y? (c) A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this Division, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Division shall, upon conviction, be punished by a fine of not more than $10,000.00 per violation, per day, or imprisonment for not more than 6 months, or both. (4) Remedies Nonexclusive. The remedies provided for in this Division are not exclusive. The Coordinator may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the City's Enforcement Response Plan. However, the Coordinator may take other action against any user when the circumstances warrant. Further, the Coordinator is empowered to take more than one enforcement action against any noncompliant user. Sec. 32.222. Supplemental Enforcement Action. (1) Performance Bonds. The Coordinator may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with ... any provision of this Division, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the Coordinator to be necessary to achieve consistent compliance. (2) Liability Insurance. The Coordinator may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this Division, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge. (3) Water Supply Severance. Whenever a user has violated or continues to violate any provision of this Division, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply. Sec. 32.223. Affirmative Defenses to Discharge Violations. i 38 ?3f-3 - 99 10.) (1) Upset. (a) For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. (b) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of paragraph (c), below, are met. (c) A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: 1. An upset occurred and the user can identify the cause(s) of the upset; 2. The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and 3. The user has submitted the following information to the Coordinator within twenty-four (24) hours of becoming aware of the upset if this information is provided orally, a written submission must be provided within five (5) days: a. A description of the indirect discharge and cause of noncompliance; b. The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and c. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance. 39 &vo -q9 d. In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof. e. Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards. f. Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails. (2) Prohibited Discharge Standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in Section 32.212('l)(a) of this Division or the specific prohibitions in Sections 32.212(1)(b)3-17 of this Division if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either: (a) A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or (b) No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the City was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. (3) Bypass (a) For the purposes of this section, 1. "Bypass" means the intentional diversion of wastestreams from any portion of a user's treatment facility. 2. "Severe property damage" means substantial physical i ' ...ter 40 /?3?3'9`f damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. (b) A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of paragraphs (c) and (d) of this section. (c) 1. If a user knows in advance of the need for a bypass, it shall submit prior notice to the Coordinator, at least ten (10) days before the date of the bypass, if possible. 2. A user shall submit oral notice to the Coordinator of an t unanticipated bypass that exceeds applicable pretreatment ` standards within twenty-four (24) hours' from the time it becomes aware of the bypass. A written submission shall ! also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Coordinator may waive the written report on a case-by- case basis if the oral report has been received within twenty- four (24) hours. (d) 1. Bypass is prohibited, and the Coordinator may take an enforcement action against a user for a bypass, unless: a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; b. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This ????' w 41 condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and c. The user submitted notices as required under paragraph (c) of this section. 2. The Coordinator may approve an anticipated bypass, after considering its adverse effects, if the Coordinator determines that it will meet the three conditions listed in paragraph (d)1 of this section. Sec. 32.224. Wastewater Treatment Rates. (1) Surcharged Wastewater Service Fees. Any business or industry that discharges five-thousand (5,000) gpd or more of wastewater in excess of the allowable concentrations of the following parameters may be subjected to a surcharged service fee to cover the increased costs associated with treatment. These fees shall be added to the monthly service charge as follows: i 1-1 Parameter Explanation BODE Fee is based on the excess concentration above 250 mg/l. Fee is computed as the total volume of metered water over the billing period, expressed in millions of gallons (MG) multiplied by the average day BOD5 in excess of 250 mg/l, the conversion factor of 8.34 and the surcharge rate. TSS Fee is based on the excess concentration above 250 mg/I. Fee is computed as the total volume of metered water over the billing period, expressed in millions of gallons (MG) multiplied by the average day TSS in excess of 250 mg/l, the conversion factor of 8.34 and the surcharge rate. Nitrogen Fee is based on the excess concentration above 35 mgA. (TN) Fee is computed as the total volume of metered water over the billing period, expressed in millions of gallons (MG) multiplied by the average day TN in excess of 35 mg/l, the conversion factor of 8,34 and the surcharge rate. Fats Oil & Fee is based on the excess concentration above 100 mg/I. Grease Fee is computed as the total volume of metered water (FOG) over the billing period, expressed in millions of gallons (MG) multiplied by the average day FOG in excess of 100 mg/l, the conversion factor of 8.34 and the surcharge rate. 42 Surcharge Rate $ 0.30/lb $ 0.30/lb $ 0.45/lb $ 1.46/lb /v393-99 .7 (2) Fees for Septic Tank Wastes. Septic tank wastes will be accepted at the POTW. (a) The Administrator or the Coordinator have the right to reject introduction of septic tank wastes into the POTW at any time. (b) Fees for septic tank wastes will be established as twenty-five dollars ($25,00) for each one-thousand (1,000) gallons of hauled wastewater. (c) The Administrator will periodically review and adjust fees for septic tank wastes based on the strength and/or volumes of septic tank wastes received at the POTW and other considerations. Sec. 32.225. Miscellaneous Provisions. (1) Pretreatment Charges and Fees. The City may adopt reasonable fees, as set by the Administrator, for reimbursement of costs of setting up and operating the City's Pretreatment Program which may include: (a) Fees for wastewater discharge permit applications including the cost of processing such applications; (b) Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports submitted by users; (c) Fees for reviewing and responding to accidental discharge procedures and construction; (d) Fees for fling appeals; and (e) Other fees as the City may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this Division and are separate from all other fees, fines, and penalties chargeable by the City. (2) Severabi#ity. If any provision of this Division is invalidated by any court of competent jurisdiction, the remaining provisions shall not be effected and shall continue In full force and effect. 43 7aMVr k367 -99