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HomeMy WebLinkAboutOrdinance 355 Waste Water SystemORDINANCE NO. 355 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, REPEALING ARTICLE II. WASTE WATER SYSTEM SECTIONS 16-21 THROUGH 16-32; PROVIDING FOR THE ADOPTION OF A NEW ARTICLE II. WASTE WATER SYSTEM SECTIONS 16-31 THROUGH 16-32, RELATING TO THE USE OF THE CITY WASTE WATER SYSTEM; PROVIDING DEFINITIONS: REQUIRING USE OF THE WASTE WATER TREATMENT WORKS AND PROHIBITING UNAUTHORIZED CONNECTIONS AND DAMAGE; PROVIDING FOR REGULATION OF PRIVATE SEPTIC TANKS AND SEPTIC TANK WASTE DISPOSAL; PROHIBITING THE DISCHARGE OF CERTAIN WATERS AND WASTES; REQUIRING PRE- TREATMENT AND MONITORING OF CERTAIN WASTES AND WATERS; REQUIRING ACCIDENTAL DISCHARGE PROTECTIONS; ESTABLISHING AN INDUSTRIAL WASTEWATER PERMIT; RECOGNIZING A USER CHARGE SYSTEM; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, the City of Winter Springs desires to remain in compliance with all applicable state and federal laws and regulations relating to treatment of wastewater and to assure that the Wastewater Treatment Works is operated safely, efficiently, and in accordance with proper environmental engineering standards; and WHEREAS, it is thus necessary and prudent to prevent the introduc- tion of certain pollutants into the Wastewater Treatment Works which will interfere with 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; and WHEREAS, Article II. Waste Water System, Sections 16-21 through 16-32 has become outdated; and WHEREAS, it is necessary to update changes approved by the Florida Department of Environmental Regulation. NOW, THEREFORE, THE CITY COMMISSION OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: SECTION I - That the existing ARTICLE II. WASTE WATER SYSTEM SECTIONS 16-21 through 16-32 of the Winter Springs Code of Ordinances is hereby repealed. SECTION II - That a new ARTICLE II. WASTE WATER SYSTEM Sec. 16- 21 through 16-32 of the Winter Springs Code of Ordinances, is hereby created to read as follows: ARTICLE II. WASTE WATER SYSTEM SECTION 16-21 - 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 Administrator of the USEPA in a non- NPDES state or NPDES state without an approved state pretreatment program. Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory pro- cedure in five (5) days at 200 centigrade, expressed in terms of weight and concentration (milligrams per liter (mg/l)). 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 con- ditioning, 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, sub- stantially 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 Protection Agency, or where appropriate the term may also be used as a designation for the Admini- strator or other duly authorized official of said agency. FDER. The Florida Department of Environmental Regulation and its duly authorized officials. Holding Tank Waste. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks. Industrial User. A source of wastewater and wastes, excluding domestic wastewater and including wastewater from agricultural, commercial, governmental, industrial, institutional, manufacturing, processing, producing and other operations from which the discharge includes waste of non-human origin not otherwise 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 authorizing 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 Dis- posal 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 Title IV of SWDA, applicable to the method of disposal or use employed by the Wastewater Treatment Works. National Categorical Pretreatment Standard or Pretreatment 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. 1347) 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. 1342). Natural Outlet. Any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater. The logarithm (base 10) 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 of the nature of pollutant prop- -2- erties in wastewater to a less harmful state prior to or in lieu of dis- charging 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 occurring 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 pollutants listed as toxic in regulations promulgated by the Administrator of the USEPA under the provision of S307(a) of the Federal 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 buildings, 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 con- structed or acquired by the City, including such purification and treatment facilities and works as may be provided during the course of sewage disposal, together with all improvements, extensions and additions to the sewer system, or any part thereof, and shall include all property, real and personal, tangible and intangible, owned or used in connection 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 Wastewater Treat- ment Works designed to provide treatment to wastewater. Sec. 16-22. Use of Wastewater System. (a) Required. The owner of every improved lot or parcel of land within the City shall have an adequate and approved 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 suitable treatment has been provided in accordance with this article. It shall be unlawful, without exception, for any person to discharge 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 connected to the Wastewater Treatment Works after the effective date of this article must be properly designed and constructed in 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. Sec. 16-23. Required Use of Public Sewers. (a) Where required. Where a sanitary sewer is "available for use", -3- 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 "available for use" if it is within fifty (50) feet of the 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 (a) is located to have such property connected to the sanitary sewer within sixty (60) days after such sewer becomes "available for use" under the terms of subsection (a), and it shall be unlawful for such owner to fail or refuse to do so. (c) Sewer Connection. Where a sewer connection is required by this section, 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. Sec. 16-24. Private Septic Tanks. (a) Where required. Where connection to the Wastewater 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, complies 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 proeprty, 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. (b) Septic Tank Waste Disposal. Septic tank waste and other holding tank waste collected in the City 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. Sec. 16-25. 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 oepration or performance of the Wastewater Treatment Works, which prohibited substances include the following: (a) Waters. Any stormwater, groundwater, roof runoff,or downspout drainage, subsurface drainage, swimming pool water, uncontaminated cooling water or unpolluted industrial process waters; provided that stormwater, other drainage waters and uncontaminated cooling water may be discharged to storm sewers; (b) Solid or viscous substances. Any grease, unshredded garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides, or fleshings, entrails, whole blood, feathers, ashes, cinders, 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 Treat- ment Works; (c) Flammables. Any gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, per- chlorates, bromates, carbides, hydrides, sulfides, other substances which the Director the FDER, the USEPA or other governmental agencies having jurisdiction -4- has notified the person is a fire hazard, and any other solids, liquids or gases, which alone or in interaction with other substances 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 either singly or by interaction with 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 termperature 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, either singly or in interaction with other pollutants, to injure or interfere with any waste- water treatment process, constitute a hazard to life, create a toxic effect in the receiving waters of the Wastewater Treatment Plant, or exceed a limita- tion set forth in a Categorical Pretreatment Standard; or 7. Cause the effluent, sludge or other sediment product from the Wastewater Treatment Plant to be unacceptable for reclamation and reuse or violate applicable effluent standards or sludge use and management criteria promulgated by Federal, State or County governmental agencies; (e) Waste or wastewater of abnormal strength. Waste or waste- water with Biochemical Oxygen Demand (BOD) above 300 milligrams per liter (300 mg/l), with Suspended Solids (SS) 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 authorizing or permitting agency or the receiving water quality standards; (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 effluent disposal facilities or systems, or otherwise endangering life, limb, public property or constituting a nuisance. In forming 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. Sec. 16-26. Contaminates Prohibited. -5- Except as provided in subsection (b), it shall also be unlawful for any person to discharge or otherwise contribute to the Wastewater Treatment Works, wastewater containing in excess of the following concentrations of contaminates: CONTAMINATE CONCENTRATION (mg/l daily average) 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-D 2, 4, 5-TP (silvex) 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 16-27. (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 regulatory requirements of the USEPA, the FDER and other governmental 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 wastewater containing contaminates above these maximum concentrations will be subject to a surcharge to be set forth in the Code of Ordinances. Sec. 16-27. Pretreatment. (a) Required. Industrial users, and all other users whose waste- water discharge or contribution does not comply with the provisions of this article, shall provide pretreatment as necessary to bring the discharges or contributions into compliance with the provisions of this article. Dilution of discharges 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 facility 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 Sec. 16-28. -6- 2. Monitoring facilities as provided in Section 16-29. (b) Construction plans. All users required to provide pre- treatment 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 sub- mitted 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 pretreatment 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. Certain industrial users have or will have to comply with state pretreatment standards and National Categorical Pretreatment Standards specifying pollutant discharge limits for specified categories of industrial users. All such industrial users shall immediately comply with such federal and state pretreatment standards when they are promulgated and shall also comply with the additional 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 limits in the National Categorical Pretreatment Standards in accordance with the requirements contained in 40 Code of Federal Regulations Part 403, or amend- ments thereto. (e) Grease traps. Grease, oil, and sand interceptors 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 interceptors 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. Sec. 16-28. 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 showing accidental discharge protection facilities and operating procedures 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 regulated 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 actions. Within five days following the accidental discharge, the discharger shall provide the Director with a written report describing the cause of the discharge and measures taken to prevent 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 procedure. Sec. 16-29. Inspeciton and Monitoring. (a) Inspection. The Director may inspect the facilities of any user to ascertain whether the provisions of this ordinance are being complied with. -7- 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 pretreatment to construct a suitable control manhole together with necessary 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, con- structed 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 Association and any other applicable sampling regulations promulgated by the USEPA. All sampling, measurements, tests and analyses shall be made at the nearest downstream manhole in the Wastewater Treatment Works to which the building sewer is connected, at the control manhole provided for in subsection (b), at other places on the premises of the user, or upon suitable samples 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. Sec. 16-30. Industrial Wastewater Contribution Permit. (a) Required. It shall be unlawful for any industrial user to connect or otherwise contribute to the Wastewater Treatment Works without having obtained prior to connection or contribution, an Industrial Wastewater Con- tribution Permit, as provided herein. An existing industrial 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 Permit must be completed on a written form prescribed by the Director 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 discharged, and, if available, the Standard Industrial Classification 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; -8- 5. Site plans, floor plans, mechanical and plumbing plans with details showing drains, sewers, sewer connections and appurtenances by size, location and elevation; 6. Number and type of employees and hours of operation 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. (c) Issuance. The Industrial Wastewater Contribution Permit shall be issued or denied within 60 calendar days after all required data has been submitted. The Director may include reasonaole and necessary conditions tn the permit 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 with all applicable laws, regulations and reoslutions of any govern- mental authority. (d) Permit Restrictions. The restrictions in permits shall be uniformly enforced by the City and may include, but shall not be limited to, the following: 1. The maximum permissible concentration of wastewater constituents; 2. Limits on rate and time of discharge, or requirements for flow regulation and equalizaiton; 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 metering, number, types and standards for tests and reporting schedule; 7. Prohibition of discharge of certain wastewater constituents; 8. Requirements for submission of periodic discharge reports to include information concerning volume, rate of flow, constituent concentra- tions, peak flow rates, hours of operation, number of employees or other information; 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 intro- duction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the waste- water treatment systems; 11. Requirements for notification of slug or accidental discharges; and 12. Other conditions as deemed appropriate by the City to ensure compliance with this article. -9- (e) Pretreatment. If pretreatment of wastewater is required to achieve compliance with 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. 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 obtained 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. Sec. 16-31. 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 Wastewater 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 proportionate 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 pollutants 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 pretreatment program established herein, and at the option of the city Commission, fees for monitoring, inspection, approval and permitting procedures. Sec. 16-32. Enforcement. (a) Suspension. The Director may suspend wastewater treatment service and, if applicable, any wastewater permit in order to stop any actual or threatened discharge which imminently 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 permit 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, -10- 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 occurrences. (b) Revocation of permit. In addition to the suspension conditions mentioned above, the user's permit is subject to revocation if any of the following occur: 1. Failure to factually report wastewater discharge constituents and characteristics or significant changes therein; 2. Refusal to permit reasonable governmental access to the user's premises for the purposes of inspection; 3. Obtaining a permit by misrepresentation or failure to fully disclose required information; or 4. Violation of any of the conditions of the permit or applicable state or federal regulations. (c) Legal action. If any person discharges sewage, industrial waste or other wastewater into the Wastewater Treatment Works contrary to the provisions of this article, federal or state pretreatment requirements or any order of the City, on direction of the City Commission, 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 pre- treatment 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 addition to any Circuit Court proceedings or other penalties provided herein. 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. Sec. 16-33. 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 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 reasonable attorney fees. (b) Criminal penalties. Any person who shall continue any violation of this ordinance shall be guilty of a misdemeanor 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 violation shall occur or continue shall be deemed a separate offense. (c) Charges. Surcharges for discharge of wastewater 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 discharger. 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 discharger. Sec. 16-34. 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 invalidity 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. -11- Sec. 16-35. All ordinances or parts of Ordinances in conflict herewith are hereby repealed. Sec. 16-36. This Ordinance shall take effect immediately upon its final passage and adoption. Passed and adopted this 8th day of December, 1986. CITY OF WINTER SPRINGS JOHN V. TORCASO, MAYOR ATTEST: Mary T. Norton CITY CLERK First Reading 10/13/86 Posted 10/21/86 Second Reading & Public Hearing 12/8/86 1/23/87 Telecom with DER & City Mgr-ordiances accepted. , ^ TheerJarido Sentinel ~o.a, ~.. Spriap, SemlIIOIe Cowat" FIarida ""', .~ $41.63 ADVERTISING CHARGE ~tate of ~fIlltibn} SS. COUNTY OF ORANGE Before the Wldemigned authority perIIOnally appeanvl Catherine Deering , who on oath says that she is the Legal Advertising Representative of the Orlando Sentinel, a Daily newspaper published at Altamonte Springs, in Seminole County, Florida; that the attached copy of ad- , bein Notice of Public Hearing . th f vertisement, g A m e matter 0 Ordinance No. 355 in the Court, was published in said newspaper in the issues of November 16, 1986 Affiant further says that the said Orlando Sentinel is a newspaper published at Altamonte Sprinp, in Seminole County, Florida, and that the said I18WIIpaper has heretofore been contin- uously published in said Seminole County, Florida, each Week Day and has been entered as II8COJld-claas mail matter at the poet office in Altamonte Springs, in said Seminole CoWlty, Florida for a period of one year next preceding the tint publication of the attached copy of ad- vertisement; and says that he/she has neither paid nor promised any perIIOn, firm or corporation y' rebate, commi88ion refund for the purpose of securing this advertisement for pu lication in 'd newspaper, of Sworn to and subscribed before me 18th November ~ fl Notary PubliC. . S JulY 3 , ; . n Expire My GommlsSIO& Brown,. " Thru Brown aonde~ NO. AD-264 .. " " '" ^ " iii> t ~ ......, Ii ill. '.. CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (305) 327-1800 OFFICE OF THE MAYOR JOHN V. TORCASO Oct. 21, 1986 MEMORANDUM From: Attorney Frank Kruppenbacher Mary Norton, City Cler~ Ord. Nos. 355, 356 and 357 To: Re: Enclosed please find copies of ordinances 355, 356 and 357 which are to be set for public hearing for Dec. 8. Would you please review these and let us know if there are any errors. As you will see we are repealing Art. II and III and providing for new Art. II and III. Thank you for your assistance.