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HomeMy WebLinkAboutOrdinance 325 Wastewater System ORDINANCE NO.: 325 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO THE USE OF THE CITY WASTEWATER SYSTEM; PRO- VIDING DEFINITIONS; REQUIRING USE OF THE WASTEWATER TREATMENT WORKS AND PROHIBITING UNAUTHORIZED CONNEC- TIONS AND DAMAGE; PROVIDING FOR REGULATION OF PRIVATE SEPTIC TANKS AND SEPTIC TANK WASTE DISPOSAL; PROHIBIT- ING THE DISCHARGE OF CERTAIN WATERS AND WASTES; REQUIR- ING PRETREATMENT AND MONITORING OF CERTAIN WASTES AND WATERS; REQUIRING ACCIDENTAL DISCHARGE PROTECTION; ESTABLISHING AN INDUSTRIAL WASTEWATER PERMIT; RECOGNIZ- ING A USER CHARGE SYSTEM; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING SEVERABILITY; PROVIDING FOR THE SUPERSEDING INCONSISTENT ORDINANCES, RESOLUTIONS AND AGREEMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Winter Springs desires to remain in compliance with all applicable state and federal laws and regula- tions relating to treatment of wastewater and to assure that the Wastewater Treatment Works is operated safely, efficiently, and in accordance wi th proper environmental engineer ing standards; and WHEREAS, it is thus necessary and prudent to prevent the introduction of certain pollutants into the Wastewater Treatment Works which will interfere wi th the operation of the system or contaminate treatment plant effluent, to improve the Wastewater System's ability to recycle and reclaim treatment plant effluent, to establish pretreatment monitoring, permitting and enforcement programs for certain industrial and other users, and to provide for equitable distribution of the cost of the Works; THE CITY OF WINTER SPRINGS HEREBY ORDERS: Section 1. Definitions. As used in this article and unless the context specifically indicates otherwise the following terms and phrases shall be defined and construed to mean as follows: Approval Authority. The State Director in an NPDES state with an approved state pretreatment program and the Admin- istrator of the USEPA in a non-NPDES state or NPDES state without an approved state pretreatment program. Biochemical Oxygen Demand (BOD). The quantity of oxy- gen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 200 centigrade, expressed in terms of weight and concentration (milligrams per liter ( mg /1 ) ) . Building Sewer. The extension from the building drain at a point five feet outside of the outer building wall to the public sewer or other place of disposal, the building drain being the lowest horizontal piping of a building's interior drainage system which receives wastewater from the building's interior and conveys it outside the building wall. Cooling Water. The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat. Director. The Utility Manager of the City of Winter Springs Wastewater Treatment Works and Fresh Water Distribution System who is in responsible charge of the Wastewater Treatment Works or his authorized deputy, agent or representative. Domestic Wastewater. Sewage produced from non- commercial or non-industrial activities and resulting from normal human living processes, substantially similar in origin and strength to that typically produced in households, including but not limited to discharges from baths, laundries, sinks, garbage disposals and sanitary conveniences. EPA or USEPA. The United States Environmental Protec- tion Agency, or where appropriate the term may also be used as a designation for the Administrator or other duly authorized offic- ial of said agency. FDER. The Florida Department of Environmental Regula- tion and its duly authorized officials. Holding Tank Waste. as vessels, chemical toilets, and vacuum-pump tank trucks. Any waste from holding tanks such campers, trailers, septic tanks, Industrial User. A source of wastewater and wastes, excluding domestic wastewater and including wastewater from agri- cultural, commercial, governmental, industrial, institutional, manufactur ing, processing, producing and other operations from which the discharge includes waste of non-human origin not other- wise classified as domestic wastewater. Interference. The inhibition or disruption of the Wastewater Treatment Works treatment processes or operations which contributes to a violation of any requirement of the City's operating authority or permit granted by FDER or other authoriz- ing or permitting agency. The term includes prevention of sewage sludge use or disposal by the Wastewater Treatment Works in accordance with S405 of the Federal Water Pollution Control Act, (33 U.S.C. 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent State criteria, including those contained in any State sludge management plan prepared pursuant to TitIe IV of SWDA, applicable to the method of disposal or use employed by the Wastewater Treatment Works. National Categorical Pretreatment Standard or Pretreat- ment Standard. Any regulation containing pollutant discharge limits promulgated by the USEPA in accordance with Section 307(b} and (c) of the Federal Water Pollution Control Act (33 U.S.C. l347) which applies to a specific category of Industrial Users. National Pollution Discharge Elimination System (NPDES) Permit. A permit issued pursuant to section 402 of the Federal Water Pollution Control Act (33 U.S.C. l342). Natural Outlet. Any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater. PH. The logarithm (base lO) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution which expresses the degree of acidity or alkalinity. Pollutant. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water, or any other material capable of altering the integrity of water. Pretreatment or Treatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration - 2 - of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the Wastewater System. The reduction or alteration can be obtained by physical, chemical or biological processes, or by process changes or other means, except as prohibited by 40 Code of Federal Regulations S403.6(d). Storm Sewer. A sewer which carriers storm water and other drainage. Storm Water. Any flow occur ring during or following any form of natural precipitation and resulting therefrom. Suspended Solids (SS). The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering. Toxic Pollutant. Any pollutant or combination of pol- lutants listed as toxic in regulations promulgated by the Admin- istrator of the USEPA under the provision of S307(a) of the Fed- eral Water Pollution Control Act or other Acts. User. Any person who contributes, causes or permits the contribution of wastewater into the Wastewater Treatment Works. Wastewater or Sewage. The liquid and water-carried industrial or domestic wastes from dwellings, commercial build- ings, industrial facilities, institutions, or other outlets together with any groundwater, surface water, or stormwater that may be present whether treated or untreated, which is contributed or permitted to enter the Wastewater Treatment Works. Wastewater Treatment Works. The complete municipal sewer system including sanitary sewers, lateral sewer lines and other sewer facilities constructed or acquired by the City, including such purification and treatment facilities and works as may be provided dur ing the course of sewage disposal, together with all improvements, extensions and additions to the sewer sys- tem, or any part thereof, and shall include all property, real and personal, tangible and intangible, owned or used in connec- tion with the sewer system. For purposes of this Article, this includes any sewers which convey wastewater from persons outside the City by agreement. Wastewater Treatment Plant. That portion of the Waste- water Treatment Works designed to provide treatment to waste- water. Section 2. Use of Wastewater System. (a) Required. The owner of every improved lot or parcel of land within the City shall have an adequate and ap- proved method of disposal of wastewater. It shall be unlawful for any person to discharge wastewater, other polluted waters, or waste material of any kind, into any natural outlet, wetlands, storm sewer, or any other area within the City except where suit- able treatment has been provided in accordance with this article. It shall be unlawful, without exception, for any person to dis- charge any sanitary wastewater into the storm sewer system. (b) Connections. It shall be unlawful to connect to, discharge to any point of entry into, or otherwise disturb the Wastewater Treatment Works and its appurtenances without first obtaining City approval and paying appropriate charges. All laterals and building sewers constructed by an owner and con- nected to the Wastewater Treatment Works after the effective date of this article must be proper ly designed and constructed in - 3 - accordance with the Building and Plumbing regulations contained in this Code of Ordinances. Service availability and times for connection shall be as provided in of this Code of Ordinances. (c) Malicious Damage. No person shall maliciously or willfully break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is part of the Wastewater Treatment Works. Section 3. Private Septic Tanks. (a) Where required. Where connection to the Waste- water Treatment Works is not available, the owner shall connect to a private septic tank or other private sewage disposal and treatment unit which, in its installation and maintenance, com- plies with applicable city, county, state or federal regulations and permits. The owner shall operate and maintain the unit at no expense to the City. Private sewage disposal and treatment units which use subsurface soil absorption facilities are prohibited where the area of the owner's lot is less than 20,000 square feet. Unless otherwise permitted by the City and the appropriate regulatory agencies and at such time as the Wastewater Treatment Works becomes available to the property, the owner shall abandon and fill the previously installed septic tank or private sewage disposal and treatment unit, and connect to the wastewater system as provided in the Code of Ordinances. Except as otherwise provided herein, if connection to the Wastewater Treatment Works is available it shall be unlawful for any person to construct or maintain any outhouse, privy, privy vault, cesspool, septic tank, or other similar facility intended for private disposal and treatment of wastewater, except for pretreatment facilities required by this article. (b) Septic Tank Waste Disposal. Septic tank waste and other holding tank waste collected in the Ci ty shall be delivered to a wastewater treatment facility authorized by the appropriate regulatory agencies to accept such holding tank waste. It shall be unlawful to discharge holding tank waste to any natural outlet within the City or to any place other than an authorized wastewater treatment facility. Section 4. Discharges Prohibited. It shall be unlawful for any person without the Director's approval, to discharge, cause to be discharged, or otherwise contribute, to the Wastewater Treatment Works, any wastewater or other substances which will cause interference with the operation or performance of the Wastewater Treatment Works, which prohibited substances include the following: (a) Waters. Any stormwater, groundwater, roof run- off or downspout drainage, subsurface drainage, swimming pool water, uncontaminated cooling water or unpolluted industrial pro- cess waters; provided that stormwater, other drainage waters and uncontaminated cooling water may be discharged to storm sewers; (b) Solid or viscous substances. Any grease, un- shredded garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hai r, hides or fleshings, entrails, whole blood, feathers, ashes, cin- ders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, ground paper products, wood, plastics, gas, tar, asphalt residues, mud, residues from fuel or lubricating oil refining and processing, waste from glass grinding or polishing and any other substances, not wastewater, which due to their size, nature or quantity may cause obstruction to the flow in a sewer or otherwise cause interference with efficient operation of the Wastewater Treatment Works; - 4 - (c) Flammables. Any gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlora tes, per-chlorates, bromates, carbides, hydrides, sulfides, other substances which the Director the FDER, the USEPA or other governmental agencies having jurisdiction has notified the person is a fire hazard, and any other solids, liquids or gases, which alone or in interaction with other sub- stances which may cause fire or explosion, or may be otherwise injurious to the Wastewater Treatment Works; (d) Substances of objectionable character. Any wastewater or other substances which have any of the following objectionable characteristics: 1. Have objectionable color not removed in the treatment process, including, but not limited to, substances such as dyewaste and vegetable tanning solutions; 2. Contain noxious or malodorous liquids, gases or solids which ei ther singly or by interaction wi th other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for their maintenance and repair; 3. Have a temperature exceeding 650C (1500 F) or temperature which will inhibit biological activity in the wastewater treatment plant; 4. Have a pH lower than 5.5 or greater than 8.5 or any other corrosive property capable of damaging the Waste- water Treatment Works or its personnel; 5. Contain any radioactive waste or isotopes in excess of limits established by applicable state or federal regulations; 6. Contain toxic pollutants in sufficient quantity, ei ther singly or in interaction wi th other pollutants, to injure or interfere with any wastewater treatment process, consti tu te a hazard to life, create a toxic effect in the receiving waters of the Wastewater Treatment Plant, or exceed a limitation set forth in a Categorical Pretreatment Standard; or 7. Cause the effluent, sludge or other sediment product from the Wastewater Treatment Plant to be unaccep- table for reclamation and reuse or violate applicable efflu- ent standards or sludge use and management criteria promul- gated by Federal, State or County governmental agencies; (e) Waste or wastewater of abnormal strength. Waste or wastewater with Biochemical Oxygen Demand (BOD) above 300 milligrams per liter (300 mg/l), with Suspended Solids (55) above 300 milligrams per liter, (300 mg/l), or containing fats, waxes, grease or oils in excess of 100 milligrams per liter (100 mg/l); (f) Permit violating substances. Any substance which will cause the Wastewater Treatment Works to violate its operating authority or permit granted by FDER or other authoriz- ing or permitting agency or the receiving water quality stan- dards; (g) Substances increasing cost of operation. Any waste or substance which appears likely, in the opinion of the Director, to be capable of harming either the sewers, wastewater treatment plant or equipment, having an adverse effect on efflu- ent disposal facilities or systems, or otherwise endangering life, limb, public property or constituting a nuisance. In form- - 5 - ing his opinion as to the acceptability of these wastes, the Director will give consideration to such factors as flows and velocities in the sewers, sewer construction materials, nature of the wastewater treatment process, capacity of the wastewater treatment plant, and degree of treatability of wastes in the wastewater treatment plant; (h) Pollutants with unacceptable flow rates. Any pollutants, including oxygen demand pollutants including but not limited to BOD, released at a flow rate and pollutant concentrations which a user knows or has reason to know will cause interference with treatment. In no case shall a slug load be discharged to the Wastewater Treatment Works; and ( i) Any wastewater which otherwise causes a hazard to human life or creates a public nuisance. Section 5. Contaminates Prohibited. Except as provided in subsection (b), it shall also be unlawful for any person to discharge or otherwise contri- bute to the Wastewater Treatment Works, wastewater containing in excess of the following concentrations of contaminates: CONTAMINATE Arsenic (total) Barium (total) Cadmium (total) Chromium (total hexavalent) Chromium (total trivalent) Cobalt Copper (total) Cyanide Endrin Fluoride (total) Iron (total) Iron (dissolved) Lead (total) Lindane Manganese (total) Mercury (total) Methoxychor Nickel (total) Oil (hexane solubles or equiv.) Phenols Selenium (total) Silver Toxaphene Trihalomethanes Zinc (total) Phosphorous Nitrogen (total) Surfactants 2, 4-0 2, 4, 5-TP (silvex) CONCENTRATION (mg/l daily average) 0.25 2.0 0.15 0.3 1.0 5.0 0.5 0.0 0.0002 2.5 2.0 0.5 0.05 0.0004 1.0 0.0 0.1 0.1 30.0 0.3 1.0 0.1 0.0005 0.10 1.0 10.0 40.0 100.0 0.1 0.01 (a) Wastewater containing contaminates in excess of these maximum concentrations shall be properly pretreated to reduce the contaminates to or below these maximum concentrations, in accordance with Section 6. (b) The Director may, in unique circumstances, grant special exceptions in writing to certain of these maximum concentrations provided that such an exception shall be granted in compliance with other provisions of this article and regula- tory requirements of the USEPA, the FDER and other governmental - 6 - agencies with jurisdiction, and that the concentrations can be reduced to acceptable levels in the City's wastewater treatment process. (c) Any person who discharges or contributes waste- water containing contaminates above these maximum concentrations will be subject to a surcharge to be set forth in the Code of Ordinances. Section 6. Pretreatment. (a) Required. Industrial users, and all other users whose wastewater discharge or contribution does not comply with the provisions of this article, shall provide pretreatment as necessary to bring the discharges or contributions into com- pliance with the provisions of this article. Dilution of dis- charges by increasing use of process waters or any other method, is not an acceptable method of pretreatment, without written approval of the Director and payment of an appropriate surcharge as specified in the Code of Ordinances. Any pretreatment facil- ity constructed in order to comply with this article must provide the following elements at the user's expense: 1. Facilities to prevent accidental discharge as provided in Section 7; and 2. Monitoring facilities as provided in Section 8. (b) Construction plans. All users required to pro- vide pretreatment in order to comply with this article shall design, construct and maintain pretreatment facilities at their own expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Director for review and shall be acceptable to the Director before construction of the facilities. The review of such plans and operating procedures shall not relieve the user from the responsibility of modifying the pretreatment facilities as necessary to produce a wastewater contribution acceptable to the Director under the provisions of this article. (c) Changes. Any subsequent changes in the pre- treatment facilities or method of operation shall be reported and must be acceptable to the Director prior to the user's initiation of the changes. (d) Federal and state pretreatment standards. Cer- tain industrial users have or will have to comply with state pre- treatment standards and National Categorical Pretreatment Stan- dards specifying pollutant discharge limits for specified catego- ries of industrial users. All such industrial users shall imme- diately comply with such federal and state pretreatment standards when they are promulgated and shall also comply with the addi- tional or more stringent City standards contained in this article. The City may apply to the USEPA or Approval Authority for modification of specific pollutant discharge limi ts in the Na tional Categorical Pretreatment Standards in accordance with the requirements contained in 40 Code of Federal Regulations Part 403, or amendments thereto. (e) Grease traps. Grease, oil, and sand intercep- tors shall be provided when, in the opinion of the Director, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Director and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintenance of these intercep- - 7 - tors the owner shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the Director. Any removal and hauling of the collected materials not performed by owner's personnel must be performed by currently licensed waste disposal firms. Section 7. Accidental Discharge Protection. (a) Facilities. Each user shall provide protection from accidental discharges of materials prohibited or regulated by this article at his own cost or expense. Detailed plans show- ing accidental discharge protection facilities and operating pro- cedures shall be submitted to the Director for review and approval before construction of the facility. Existing users contributing to the Wastewater Treatment Works on the effective date of this article shall be required to complete plans for such accidental discharge protection facilities within six months of the effective date of this article. (b) Notification. Accidental discharges of regula- ted or prohibited substances require immediate notification by telephone to the Director or other employee in responsible charge. Such notification shall describe location of discharge, type of waste, concentration and volume, and corrective act ions. Within five days following the accidental di scharge, the discharger shall provide the Director with a written report describing the cause of the discharge and measures taken to pre- vent future occurrences. Such notification does not release the discharger of any civil or criminal liability for the discharge. The user whose employees may cause such a discharge to occur shall notify said employees of the emergency notification proce- dure. Section 8. Inspection and Monitoring. (a) Inspection. The Director may inspect the facili ties of any user to ascertain whether the provisions of this ordinance are being complied with. The Director or its authorized representatives shall be permitted reasonable access to all premises within the City where wastewater is being discharged or otherwise contributed, whether or not connected to the wastewater treatment system, for the purposes of inspection, observation measurement, sampling, testing, records examination or in the performance of other responsibilities in accordance with the provisions of this Article. (b) Monitoring facilities. The Director shall require all industrial users and other users providing pretreat- ment to construct a suitable control manhole together with neces- sary appurtenances to facilitate inspection, sampling, monitoring and flow measurement of the wastewater contributed from the user's building sewer or in plumbing. Such manhole shall be designed, constructed and maintained at the user's sole expense, in a safe and proper operating condition, with ample room to allow accurate sampling, and in accordance with all applicable building and plumbing codes. Construction shall be completed within 30 days of connection to the Wastewater Treatment Works, or, for users already connected to the system on the effective date of this article, within 30 days of written notice from the Director to do so. Said manhole shall be accessible to the Director at all reasonable times for sampling. (c) Testing methods. All measurements, tests and analyses of the characteristics of wastewater contributions referred to in this ordinance shall be made in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater published by the American Public Health - 8 - Association and any other applicable sampling regulations promul- gated by the USEPA. All sampling, measurements, tests and ana- lyses shall be made at the nearest downstream manhole in the Wastewater Treatment Works to which the building sewer is con- nected, at the control manhole provided for in subsection (b), at other places on the premises of the user, or upon suitable sam- ples taken from these locations. (d) Charges. Costs of testing, measurement and analyses shall be charged to the user on his monthly utility bill, in accordance with the Code of Ordinances. Section 9. Industrial Wastewater Contribution Permit. (a) Required. It shall be unlawful for any indus- trial user to connect or otherwise contribute to the Wastewater Treatment Works without having obtained prior to connection or contribution, an Industrial Wastewater Contribution Permit, as provided herein. An existing industr ial user connected to the Works prior to the effective date of this article shall have six months from the effective date of this article to apply for said permit, but shall otherwise comply with the provisions of this article. (b) Application for an Industrial Waste Contribution Per- mit must be completed on a written form prescribed by the Direc- tor and filed with the Director. Where appropriate the applicant shall submit: 1. Name, address, telephone number of applicant, location of the industrial facility, name and address of the owner of the premises from which wastewater is to be dis- charged, and, if available, the Standard Industrial Classif- ication Number: 2. A description of the operations and processes utilized by the operations, type and amount of raw materials processed and type of products produced: 3. Average daily and peak hourly wastewater flow rates, including daily, monthly and seasonal variations if any, and estimated time and duration of daily and peak flows: 4. An analysis of the wastewater as determined by a qualified laboratory acceptable to the Director and in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater published by the American Public Health Association and with USEPA regulations for sampling and analysis: 5. Site plans, floor plans, mechanical and plumb- ing plans with details showing drains, sewers, sewer connec- tions and appurtenances by size, location and elevation: 6. Number and type of employees and hours of oper- ation of the industrial facility: 7. Where known by the applicant, the nature and concentration of any pollutants in the wastewater regulated by City, State or Federal pretreatment standards, whether pretreatment is required to meet such standards, and, if so, a schedule indicating the progress the user is making to achieve compliance with said standards: and 8. Any other information deemed necessary by the Director to evaluate the application. - 9 - (c) Issuance. The Industrial Wastewater Contribu- tion permit shall be issued or denied wi thin 60 calendar days after all required data has been submitted. The Director may include reasonable and necessary condi tions in the permi t as required by this section; all fees and charges shall be paid prior to issuance. Upon denial an applicant has 30 days in which to modify his application or make whatever processing or other changes are necessary. Issuance of a permit does not relieve the applicant from complying wi th all applicable laws, regulations and resolutions of any governmental authority. (d) Permit Restrictions. The restrictions in per- mits shall be uniformly enforced by the City and may include, but shall not be limited to, the following: 1. The maximum permissible concentration of waste- water constituents; 2. Limits on rate and time of discharge, or re- quirements for flow regulation and equalization; 3. Requirements for inspection, flow metering and sampling facilities, and alternative sample methods; 4. Pretreatment of industrial wastewater before discharge; 5. Compliance schedules; 6. Specifications for monitoring programs which may include sampling locations, frequency and method of sampling, flow meter ing, number, types and standards for tests and reporting schedule; 7. Prohibition of discharge of certain wastewater constituents; 8. Requirements for submission of periodic dis- charge reports to include information concerning volume, rate of flow, constituent concentrations, peak flow rates, hours of operation, number of employees or other informa- tion; 9. Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the City and affording City access thereto; 10. Requirements for notification of the City for any new introduction of wastewater constituents or any sub- stantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment systems; 11. Requirements for notification of slug or acci- dental discharges; and 12. Other conditions as deemed appropriate by the City to ensure compliance with this article. (e) Pretreatment. If pretreatment of wastewater is required to achieve compliance wi th this article, pretreatment facilities must be in place and approved by the City prior to issuance of a permit. (f) Duration and Modification. Permits shall be issued for a specified period of time not to exceed 5 years. If an industrial user changes its operations so that its discharge is modified, it must obtain a new permit prior to the change. - 10 - The City may change the terms and conditions of any permit during the life of the permit to accommodate changes in local, state, and federal regulations such as National Categorical Pretreatment Standards or changes in the information upon which the permit was issued. Permit holders shall be notified of change 60 days prior to the effective date of change. (g) Permits not Transferable. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater permit shall not be transferred to a new owner, new user, or different premises unless approved by the Director. (h) Confidentiality. Information on a user ob- tained from reports, questionnaires, permit applications, permit and monitoring programs and from inspections shall be available to the public or other governmental agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the Director that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. Even if such information is a confidential trade secret, it will be made available upon written request to agencies of federal, state and local government for purposes of enforcing this ordinance, the FDER Permit, or pretreatment programs of local, state or federal government. Section 10. User Charge System. The City establishes rates, fees, surcharges and other charges for usage of the Wastewater Treatment Works by Ordinance. This user charge system shall: (a) Produce adequate revenue to fund all operation, maintenance, replacement, and debt service costs of the Waste- water System and provide for a capital improvement account for the Wastewater System as required by the FDER; (b) Be based upon each user paying its proportion- ate share of operation, maintenance, and replacement costs of the wastewater system, including costs of non-user infiltration and in flow depending upon the user's proportionate contribution to the total wastewater contribution; (c) Provide that each user which discharges pollut- ants that cause an increase in cost of managing effluent or sludge from the Wastewater Treatment Plant shall pay for such increased cost; (d) Provide for at least annual notification of rates and portion of charges attributable to wastewater treatment services; (e) Include an adequate financial management system to accurately account for revenues from and expenditures for the Wastewater System; and (f) Include charges for implementation of the pre- treatment program established herein, and at the option of the City Council, fees for monitoring, inspection, approval and per- mitting procedures. - 11 - Section 11. Enforcement. (a) Suspension. The Director may suspend waste- water treatment service and, if applicable, any wastewater permit in order to stop any actual or threatened discharge which immi- nently and substantially endangers the health, safety or welfare of persons and the environment or which causes interference to the Wastewater Treatment Works or which causes the Wastewater Treatment Works to violate any condition of FDER permit or other applicable state, federal, and local permit or regulations. Any person notified of a suspension of the wastewater service or per- mit shall immediately stop or eliminate the condition. If the person fails to comply voluntarily with this suspension order, the City shall take such steps as necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the Wastewater Treatment Works or harm to any individuals. The City shall reinstate the wastewater service or the permit upon proof of the elimination of the noncomplying discharge. Within 15 calendar days of the occurrence, the user shall submit a detailed written statement explaining the causes of the harmful discharge and the measures taken to prevent any future occur- rences. (b) Revocation of permit. In addition to the sus- pension conditions mentioned above, the user's permit is subject to revocation if any of the following occur: 1. Failure to factually report wastewater dis- charge constituents and characteristics of significant changes therein; 2. Refusal to permit reasonable governmental access to the user's premises for the purposes of inspec- tion; 3. Obtaining a permit by misrepresentation or failure to fully disclose required information; or 4. Violation of any of the conditions of the per- mit or applicable state or federal regulations. (c) Legal action. If any person discharges sewage, industrial waste or other wastewater into the Wastewater Treat- ment Works contrary to the provisions of this article, federal or state pretreatment requirements or any order of the City, on direction of the City Council, the City Attorney may commence an action for appropriate relief in the Circuit Court of Seminole County, Florida. (d) Publication. The City shall annually publish, in a newspaper of countywide circulation, a list of users that failed to comply with any pretreatment requirements or standards at least once during the 12 previous months and shall indicate in said notice any enforcement actions taken. (e) Enforcement Board. The City may enforce this article through the City Code Enforcement Board in addi tion to any Circuit Court proceedings or other penalties provided here- in. In any proceedings before the Code Enforcement Board, the Director shall serve as the code inspector. The Code Enforcement Board shall have the authority to levy fines in excess of the charges and penalties provided for in this article. Section 12. Penalties and Charges. (a) Civil liability. Any person who willfully or negligently fails to comply with any provision of this article shall become liable to the City for any expense, loss or damage - 12 - occasioned by the City by reason of such violation, and, where the City is the prevailing party, the City shall be entitled to recover court costs and a reasonable attorney fees. (b) Criminal penalties. Any person who shall con- tinue any violation of this ordinance shall be guilty of a mis- demeanor of the second degree, and upon conviction thereof shall be fined in an amount not less than $50.00 and not more than $500.00 for each separate violation. Each day on which a viola- tion shall occur or continue shall be deemed a separate offense. (c) Charges. Surcharges for discharge of waste- water of higher than normal strength are set forth in the Code of Ordinances. In addition to any other penalties, the full cost to the City of disposal, treatment and all other costs related to toxic substances in the wastewater will be charged to the dis- charger. Discharges that result in damage to any component of the system or the clogging of lines will result in all repair, maintenance and replacement costs being charged to the dis- charger. Section 13. Severability. If for any reason a provision of this Ordinance or the application thereof to any person, group of persons or circumstances is held invalid, the invalidi ty shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of the Ordinance are severable. Section 14. Supersedes Previous Ordinances, Resolutions and Agreements. All Ordinances, Resolutions or Agreements or parts thereof in conflict herewith are superseded to the extent of any such conflict. Section 15. Effective Date. This Ordinance shall take effect immediately upon its adoption. Passed and adopted this 12th day of August, 1985. CITY OF WINTER SPRINGS JOHN V. TORCASO, MAYOR ATTEST: Mary T. Norton CITY CLERK First Reading:7/8/85 Second Reading 8/12/85 rJ2<-<-L 7/3/ r S- ~ :~$"f.m, MEMORANDUM TO: Mary Norton FROM: Jane Hayman DATE: July 3, 1985 RE: Sewer use ordinance Attached is a copy of the sewer use ordinance which the Commission discussed on Monday night. The other draft ordinance on sewer capacity allocation is in the works and should be available Monday evening. I hope this helps, Mary and give me a call if there is any problem. You may wish to share this use ordinance with both Harry and Terry and ask them to look it over one last time. If you need any help, give me a call. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION . .j IVJ -(I- I '-1"'" f' ,./"0,' /' ( - /1. ' , (/\IF -,*", ~, .r) The Department of Environmental Regulation has reviewed the draft sewer use ord i nance submitted on February 19, 1986. The document submTtTea--,i1dlcates ~hat the city has developed a draft sewer use ordinance that satisfies the requirements of 40 CFR 35.2130. Accordingly, this letter provides you with notification of the approval of the draft sewer use ordinance. The effective date of the approval is February 27, 1986. TWIN TOWERS OFFICE BUILDING 2600 BLAI R STONE ROAD TALLAHASSEE, FLORIDA 32301.8241 March 3, 1986 Mr. Richard Rozansky, City Manager 400 North Edgemon Avenue Winter Springs, Florida 32708 Re: 767040 (Step 2+3) - Winter Springs Treatment Facilities Dear Mr. Rozansky: BOB GRAHAM GOVERNOR VICTORIA J. TSCHINKEL SECRETARY One copy of the approved document is being returned to you and must be kept with other approved documents in your possession. If you have any questions or need further assistance, please call Bhupendra Vora, P.E., at 904/488-8163. Sincerely, ~kJ /;J-t:,~d. Richard W. Smith, P.E., Chief Bureau of Wastewater Management and Grants RWS/pwl Enclosure cc: Terry M. Zaudtke - Conklin, Porter & Holmes/Sanford George Prinsen - DER/Orlando , ~ 7"'_ ,( ~~~~aWOC@r I~:t~ ~t (7 ~{1~ MAR 12 1986 \ 2 (YJh fJ @ 1 J/Yf// . CITY of WINTER SPRINGS - / CITY MANAGER r Prnfprfinn F/",r;nn nnn Yn1lr n1ln/itv nf I ifp FILE 0 COPIES TO THE FOLLOWING, CITY CLERK gCOMM. CITY PLANNER 0 MAYOR CITY ENGINEER ~UllDING 0 CHIEF POLICE 0 FINANCE 0 CHIEF FIRL DEPl. 0 Pi:RSONNEL 0 PUBLIC WORKS LJ IHHOW AWAY g/ RUURN b.d' COMPLETED ON: W f> C f1;" --_.~,--_.----'-- - .k.!l!L CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (305) 327-1800 ., CITY MANAGER RICHARD ROZANSKY February 13,1986 Project if -r640A-Q_._...___ ("'0' fr'~~~:k.,. Spt'i""Stp.p .2i:-3 me 'Old" ~~'f-O!'4Mc.~w ~ Florida Dept. of Environmental Dept. of Wastewater Management Twin Towers Office Building 2600 Blair Stone Road Tallahassee, FL 32301 Regulation and Grants Mr. Richard Smith, P. L, Chief Attn: Isabello (Jun) U. Tabanguil, Jr., P. L Facilities Planning Section Re: /,/. No. ~U040 (Step 2 + 3) Winter Springs Treatment Facilities Dear Mr. Smith: Enclosed please find the excerpts from City Code which contain the clauses noted in Attachments VII.O.3:5(A-J}. These items are in response to your letter of December 4, 1985 to the City of Winter Springs. Please be advised that we are working on the documentation necessary for our response concerning the budget items and will be forwarding those to you later this month. Also, we have revised the User Charge System Ordinance and the Sewer Use Ordinance (Attachment VII.O.3, 3A & 3B) to specifically cover the items mentioned in your letter of December 4, 1985. These will be presented to the City Commission at the earliest possible date for approval and implementation. We look forward to continuing to work with your office. If you have any questions, please do not hesitate to call. cerely, SPRINGS, FLORIDA .{ ~\.-..;" ,'~:'. ~" .", ._. If ,,\~'\"i\~'l ~f-, . ~\. ~;M. ~r: '. ~)!\ ~\ .:; ~F-,~. ',\} ( ~ '. ". ...... \ I \' .~) ~f' ff. B'2 0 \9&6 ~Ir Richard R. Ro City Manager /pat . ,<"ion .' \ '.. . F.... lrf)nft1' _.-dI 0",..,1 .. t.l\anag"ll"""'~ .....:.5tewatt:' 6' ". . ,l\ ..........., xc: T. M. Zaudtke. .P. E.. Conklin, Porter & Holmes .. . . RESPOI'JSE:::; TD rOEH LETTER OF DECEMBER 4~ 1985 I TEIYlS 5 (A - J ) ,/ 5. Regulations concerning the building sewers and connections (building sewer regulations are properly covered in plumbing and building codes, and shall be included in the sewer use ordinance only if they do not appear elsewhere in the City Code) . Standard Plumbing Code Adopted, 1985 edition, was adopted b~ Ordinance No. 31-0 t... 2, 1/18/(:.4. A. Clause requiring permit for building sewers. Clause authorizes proper authority to approve permit as well. SPC, Section 10J; also Appendix A; Section AI03.1 B. Clause reqUir1ng separate building connections to sewer except by special permits for unusual cases. SPC, Section 301.2; Principle No.2. C. Clause prohibiting new connections to the sanitary sewer sjstem from inflow sources. SPC, Chapter 15, Section 1501.2 ..........' ." D. Clause designating responsibility for the proper installation of building sewers (to the proper authority>. SPC, Chapter 1, Section 101.23; Section 103; Appendix A, Section A103.C.1. / E. Clause introducing costs for processing sewer applications and connection inspections. SPC, Appendix A, Section A 103.7.4; also Appendix H contains fee schedule. F. Clause concerning the reuse of existing building sewer.s.. SPC, Chapter 4, Section 402; also Chapter 13~ Section 1302.4. c . C 1 a us. E' con c e r. nil' g the m i n i rn um 9 r a de <:. and S 1 Z e <: f [I r b u i 1 din ~~ <: e l" e r .s . SP C, C hap t e r. 1 3 ~ See t ion 1 3() 3 ~ 1 3() =, . H. Clause giving specifications for building sewer materials. SP C ~ C hap t e r. 5 . J, Clause prescribing approved building sewer construction procedures. SP C ~ A P pen d i x 1. ,; .J . CIa USE' r e qui r i n g t hat a 11 per tin en t OSHA r e qui r em e n t s be met. SPC~ Chapter 4~ Section 402.2. W040E. RESPONSE alv 't f0\1M fir? ~C:;.~ CITY OF WINTER SPRINGS, FLORIDA February 19, 1986 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (305) 327-1800 . l.-t' :1 . 'Jl--,t'lOLi.!:_._.r.;::di:~-""J.!,"" $~~S!'"._ ........ rr,,;~r. "0 ., .-----...-- - oJ ~ Co,- t.... . _ rll .- .. 10 C~ vv-~ 0 ['C. a~_~..-,-....-......~.- .--- {!J I~ CITY MANAGER RICHARD ROZANSKY Florida Dept. of Environmental Regulation Bureau of Wastewater Management & Grants Twin Towers Office Building 2600 Blair Stone Road Tallahassee, FL 32301 Attn: Pamela W. Smith '.; Re: #767040 (Step 2 + 3) Winter Springs Treatment Facilities Gentlemen: Enclosed please find additional responses to your review comments of December 4, 1985. User Charge System and Ordinance In response to Item No.1 we are still compiling data from the billing records to supply this information as requested, and will provide it to your office as soon as possible. In response to Item No.2, we have enclosed two copies of the current budget for this fiscal year. In response to Item No.3, we enclose, for your review, (a) a draft of a revised ordinance which incorporates your needs for specifically mentioning operations, maintenance, and replacement costs; (b) a clause that specifically mentions review of User Charges to insure adequate revenue and proportional distribution of 0, M & R costs among users (this item was included in the original ordinance, but has been clarified to meet your requirements); (c) a clause that specifically mentions annual notification of each user of the rate being charged. The paragraph contained within the original User Charge Ordinance has been modified to meet your requirements. Please be advised that the items that are being changed within the ordinance are struck for deletions and underlined for additions. If you have any questions co~- ~Hh~i!'~~~~)t~~~~'"nance, p 1 e a sed 0 not h e sit ate toe a 11. \ ti; : i''''' ' ~. t : :d~ ,-,. . o ). ~'. : FE B 2.1 ~?q:j We are also supplying you with a draft copy of a revised Sewer Use Ordinance which covers the clauses required from Attachment VII.O.3:3A and 38. We propose the renumbering of Section 3 through 15 to new numbers 4 through 16, and the insertion of the attached Section 3, entitled "Required Use of Public Sewers". This paragraph should adequately answer your questions and meet the requirements of the State. Also be advised that we propose to strike the last sentence of Section 4 (A) as this information would be covered in the new Section 3. We look forward to your approval of these items, and if you have any questions, please do not hesitate to call our office or the office of our Engineer. FLORIDA Enclosures (as stated) xc: Conklin, Porter & Holmes-Engineers, Inc., Attn: Terry M. Zaudtke, P.E. Florida Dept. of Environmental Regulation, Attn: George Prinsen 2/19 LlP PROP(l~JLD CIIAt,IGLS TO 'THE SEWeR LV:;C or~DINAt,ICE NEW SECTION J: lb. Renumber old Section J thru 15 to Spciion 4 thru Section J. Required Use of Public Sewers Ca) Where required. Where a sanitary sewer is "available for use", every resident and building located within the City and in which human beings reside, congregate and/or are employed shall be connected to the City sanitary sewer. A sanitary sewer is" a v a i I a b I e for use" i of i 1. i s wit h i n f i f 1. Y (SO ) fee 1. 0 f 1. h e property on which the residence or building is located, which fifty (50) feet shall traverse only City property and be measured in a straight line from any point on such property line. ( b ) Compliance Time. It shall be the duty of the owner of the property on which any residence or building referred to in subsection (2) is located to have such property connected to the sanitary sewer within si~ty CCO) days after such sewer becomes "available for us.e" under. the ter.ms of sub<:.ection (a), arId it shall be unlawful for such owner to fail or refuse to do so. (c) Sew~r Connection. Where a sewer connection is required by this sectjon~ the service line from the sanitary sewer to the user's property line shall be installed by City forces at City expense and the user shall pay the prescribed sewer fees. The service line required on the user's property shall be installed by him or his agents at his/her own expense. W040E. SEWEr;' USE alv