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R12-1011 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. R12- 1 0 1 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE ACTION TAKEN BY THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD, ON AUGUST 16, 2012, AS STATED HEREIN; AUTHORIZING AND DIRECTING THE INTERIM CITY MANAGER AND CITY CLERK TO EXECUTE SAID RATIFICATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The South Central Regional Wastewater Treatment & Disposal Board (SCRWTDB) requests ratification of the action taken by the Board at the Quarterly Meeting of August 16, 2012, as set forth in the attached Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission does hereby ratify the action taken by the South Central Regional Wastewater Treatment & Disposal Board on August 16, 2012, as set forth on the attached Exhibit "A" and authorizes the Interim City Manager and City Clerk to execute said Ratifications. Section 3. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this / e day of September, 2012. ATTEST: J Seal) . &:�44 �- dMC CITY OF BOYNTON BEACH, Commi ner omm -oner — Commissioner- Marlene Ross `ice Mayor — Mack McCray SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue • Delray Beach, Florida 33445 _; BOARD Telephone City Council Members of � .. ; i o� (561) 272 -7061 (561) 734 -2577 Boynton Beach & Delray Beach r Fax: (561) 265 -2357 o -0 �s www.scrwwtp.org August 30, 2012 - Hand Delivered - Ms. Janet Prainito CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 South Central Regional Wastewater Treatment and Disposal Board Ratificatio for Sigpaftiire Dear Janet Could you please place the attached ratification on the Multi- Jurisdictional Pretreatment Agreement from the Quarterly Annual Meeting of August 16, 2012 on your next agenda? You will notice that there are places for both cities to sign. Once all pertinent Boynton officials have signed, I will send your documents to Delray for signature and vice versa (Delray Beach Commissioner, Al Jacquet, is the Secretary). Once the document is complete with signatures from both Cities, I will hand deliver an original to your office for your files. Once you have gotten all your signatures, please call me and I will come and pick them up to begin the above - mentioned process. If you have any questions, please do not hesitate to contact me. Thank you. Sincerely, Lori A Osborn, CAP /OM Executive Assistant Attachments c 01 -200 Boynton Ratification Letter 08 -30 -2012 - • • • ♦ L e i 0 . ♦ 1 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on August 16, 2012, by a vote of 7 -0, gave AUTHORIZATION TO APPROVE THE MULTI - JURISDICTIONAL PRETREATMENT AGREEMENT BETWEEN SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD, THE CITY OF DELRAY BEACH AND THE CITY OF BOYNTON BEACH. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this 1 4 day of ® , by a 4 — vote. By; r yor /City Manager Attest: yn - Arx�--" 9CU'y Clerk CKAtto F:ldocslBOARD MEETINGSIRATIFICAT IONS12011- 20121Boynton Beach Ratification 08- 16- 2012.docx THIS INDUSTRIAL WASTE AND PRETREATMENT AGREEMENT is entered into by and between the SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD, an entity created by Interlocal Agreement pursuant to Florida Statutes Section 163.01 (hereinafter referred to as POTW), the CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, and the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation (both of which are collectively referred to herein as the CITIES). WITNESSETH: WHEREAS, it is a requirement of the POTW to comply with all applicable State and Federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations 40 CFR, Part 403; and WHEREAS, by the terms of that certain Interlocal Agreement dated December 26, 1974, between the CITIES, the POTW was created and the CITIES became the sole, direct customers of the POTW; and WHEREAS; by the terms of the above referenced Interlocal Agreement, the CITIES, as the sole customers of the POTW, then sell wastewater treatment and disposal services directly to users as well as to industrial users; and WHEREAS; in order to comply with the provisions of the above referenced Clean Water Act as well as State and Federal law, the parties hereto are desirous of entering into this Agreement setting forth the terms and conditions upon which the CITIES may discharge wastewater effluent to the POTW 's regional treatment facilities and, further, that pursuant to the terms of this Agreement, the CITIES, as condition to the discharge permit being granted hereby, agree to adopt an industrial waste and pretreatment ordinance with terms, conditions, and provisions no less stringent than the terms set forth in this Agreement for the regulation of the issuance and compliance with discharge permits to the CITIES', users and industrial users. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained the adequacy of which is hereby acknowledged, the parties hereby agree as follows: . . The purpose of this Agreement is to regulate industrial waste pretreatment facilities and discharge of waste into the Publicly Owned Treatment Works (POTW) operated by the South Central Regional Wastewater Treatment and Disposal Board and providing for pollutant limitations, data collection, monitoring, sampling, and providing for penalties for the violation thereof for the following purposes: A) To prevent the introduction of pollutants into the CITIES' wastewater system which will interfere with the normal operation of the wastewater collection system or the wastewater treatment plant, or which will contaminate the resulting municipal sludge; B) To prevent the introduction of pollutants into the CITIES' wastewater collection system which do not receive adequate treatment by the POTW, and which will Page 1 pass through the system into receiving waters or the atmosphere or otherwise be incompatible with the system; C) To improve the opportunity to recycle and reclaim wastewater and sludge from the system. The POTW is responsible for the proper treatment and disposal of all waste that is proper to process through the regional treatment facilities, beginning at the point source. The terms of this Agreement shall be incorporated into an ordinance adopted by the CITIES respectively to regulate their users' discharge of wastewater into the portion of the sewer collector system located within the City of Boynton Beach and /or the City of Delray Beach and any other portion controlled or operated therein. The policy is established that the provisions of this Agreement will be enforced to the fullest extent possible under the provisions of Federal Pretreatment Regulations 40 CFR Part 403 and Chapter 62 -625 Florida Administrative Code (F.A.C) issued by the Florida Department of Environmental Protection. The standards set forth are minimum requirements to ensure the general health and welfare of the public. 3. A&Ppiicability to All Users The regulations of this Agreement shall apply to all users of the sewer facilities of the city whether inside or outside the City, including all other local governments such as, but not limited to, the Town of Highland Beach, the Town of Gulfstream, and contributions from incorporated or unincorporated agencies of Palm Beach County. Furthermore, all local government users shall be required, within 60 days after enactment of this Agreement and notice thereof, to enact ordinances substantially similar to this Agreement and to apply and enforce the same to all users of their public and sanitary sewer systems. As used in this Agreement, all definitions shall be applied and interpreted in accordance with 40 CFR 403 and Chapter 62 -625, F.A.C., as amended. " and "The Act ": The Federal Water Pollution Control Act, also known as the Clean Water Act of 1977, as amended, 33 U.S.C. 1251, et seq. "Authorized Representative of Industrial User ": (1) If the user is a corporation, a responsible corporate officer. (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 government 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. Page 2 (4) The individuals described in subsections (A) through (C) above may designate another authorized representative if the authorization is in writing by the individual described in (A) through (C), 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. "Best Management Practices or BMPs ": Schedules of activities, prohibitions of practices, maintenance procedures and other management practices to implement the prohibitions listed in subsections 62- 625.400(1)(a) and (2), F.A.C. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, industrial sludge or waste disposal, or damage from raw materials storage. " Board ": The South Central Regional Wastewater Treatment and Disposal Board, including, in the appropriate case, the regional treatment facilities, and all its other attendant facilities. "Board (POTW) ": The Board of Directors of the South Central Regional Wastewater Treatment and Disposal Board. "BOD (Denoting Biochemical Oxvaen Demand) ": The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees Celsius. expressed in milligrams per liter. "Buildina Sewer ": Sewer conveying wastewater from the premises of a user to the collection system which transmits wastewater to the POTW. " Cateaorical Standards ": National categorical pretreatment standards or pretreatment standard. "Chemical Oxvaen Demand (COD)": A measurement of the oxygen equivalent of the organic matter content of a sample that is susceptible to oxidation by a strong chemical oxidant using procedures listed in 40 CFR 136. "Citv" or " Cities ": The City of Boynton Beach and /or the City of Delray Beach; all that land and water area included within the boundaries of the "Cy" in which the Commission proposes to acquire, establish, construct, extend, operate, and maintain sewerage facilities, except as follows: (1) All state and federally owned land and water area located in the City or County, except where the state and federal government consent to the provisions of this Agreement. (2) All land and water area duly franchised by the City or County to privately owned sewer utility companies for the provisions of sewer service, except where the privately owned sewer utility companies consent to the provisions of this Agreement. "Collection Svstem ": The system of public sewers to be operated by the City and connected to the P OTW facilities. Page 3 "Compatible Pollutant ": A substance amenable to treatment in the wastewater treatment plant such as biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the publicly owned treatment works was designed to treat those pollutants, and in fact, does remove the pollutant to a substantial degree. "Composite Sample ": A series of samples taken over a specific 24 -hour time period at intervals not to exceed fifteen (15) minutes in the waste stream which are combined into one sample. Flow proportional sampling is mandated unless circumstances do not permit it; then it shall be time proportional. Samples shall be taken during effluent discharge times only. "Coolina Water ": The water discharged from any use such as air conditioning, cooling, or refrigeration, or to which the only pollutant added is heat. "Direct Discharge ": The discharge of treated or untreated wastewater directly to the waters of the state. "Director of Public Utilities. Utilities Director, or Director ": This refers to the individual in charge of the Public Utilities Department in either City or his /her specific designee. "Discharge ": Disposal of, deposit, place, emit, unload, release or cause or allow to be disposed of, deposited, placed, emitted, unloaded, or released. "Domestic Wastewater ": Wastewater derived principally from dwellings, commercial buildings, institutions, and industry resulting from household or toilet waste resulting from human occupancy. It may or may not contain ground water, surface water, or stormwater. "Environmental Protection Agency" or " EPA ": The U. S. Environmental Protection Agency, or where applicable, the term may also be used as a designation for the Administrator or other duly authorized official of that agency. "Executive Director ": The administrative director or his authorized deputy, agent, or representative of the South Central Regional Wastewater Treatment and Disposal Board. "Garbage ": The animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods. "Grab Sample ": An individual, discrete sample collected at a specific time. A grab sample includes all sub samples or aliquots (e.g. individual containers for specific analytes or analyte groups), sample fractions (e.g. total and filtered samples) and all applicable field quality control samples (e.g. field sample duplicates or split samples) collected at the same location within a time not exceeding 15 minutes. "Grantee ": Recipient of a federal grant for all or a portion of a treatment works as administered by the Environmental Protection Agency. Page 4 "Holdina Tank Waste ": Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum -pump trucks. "Indirect Discharge ": The discharge or introduction of non - domestic pollutants from any source regulated under Section 307(b) or (c) of the Act, (33 U.S.C. 1317), into the POTW (including holding tank waste discharged into the system). "Industrial or Commercial Waste ": The liquid wastes from industrial, commercial, or institutional processes as distinct from domestic or sanitary sewage. "Industrial or Commercial Waste Discharae Permit": A permit issued to control the process flows from industry, commerce, or institutions that may be discharged into the sanitary sewer system. This permit is issued in addition to any other types of permits. When issued, the permit will define the characteristics and volume of the flow and acceptance or rejection of individual waste components and /or require high strength waste surcharges. "Industrially Classified User": An industrial or commercial user whose liquid wastes are, in part, made up of flows related to industrial processes, as distinct from an industrial or commercial user whose waste flows are primarily domestic or resulting from human occupancy. "Industrial User ": A source of indirect discharge and discharge of industrial and commercial waste which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Act, (33 U.S.C. 1342). "Interference ": The inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the NPDES permit or reduces the efficiency of the POTW. The term also includes prevention of sewage sludge use or disposal by the POTW. "Milligrams per Liter mall) ": The number of units of minor constituents present with each one million units of the major constituent of a solution of mixture. " Milliarams per Liter" shall be considered equivalent to parts per m illion. "Monitoring Costs ": Those costs incurred by the City in performing monitoring and /or sampling as prescribed by 40 CFR 403. "National Categorical Pretreatment Standard ": Any federal regulation containing pollutant discharge limits promulgated by the EPA which applies to a specific category of industrial users. "National Pollutant Discharae Elimination Svstem" or "NPDES Permit ": A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342). "National Prohibitive Discharae Standard" or "Prohibitive Discharae Standard ": Any regulation developed under the authority of 307(b) of the Act and 40 CFR, Section 403.5. Page 5 "Natural Outlet ": Any ditch, canal, stream, waterway, lake, river, pond, well, gully, or other water body. "New Source ": Any source, the construction of which is commenced after the publication of the proposed Pretreatment Standards under Section 307(c) of the Act, and which conforms to 40 CFR 403(k). "Non- significant categorical industrial user ". An industrial user that discharges 100 gallons per day (gpd) or less of total categorical wastewater (excluding sanitary, non - contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and: (A) Has consistently complied with all applicable categorical pretreatment standards and requirements; (B) Annually submits the certification statement required in 62- 625.600(17), F.A.C. together with any additional information necessary to support the certification statement; and (C) Never discharges any untreated categorical process wastewater. "Pass Through ": A discharge of a pollutant from the POTW when such discharges causes a violation of any requirement of the POTWs NPDES permit, or a violation of a State of Federal water quality standard or increases the magnitude or duration of any violation and which is the result of a user's discharge of the pollutant either alone or in conjunction with other user's discharges of the pollutant into the POTW. A user contributes to pass through when the user: (1) Discharges a pollutant concentration or a daily pollutant loading in excess of that allowed by City or permit or by State or Federal law; (2) Discharges wastewater which substantially differs in nature and constituents from the user's normal, average discharge; (3) Knows or has reason to know that its discharge, alone or in conjunction with discharges from other users, would result in pass through; o r (4) Knows or has reason to know that the POTW is, for any reason, violating its final effluent limitations in its NPDES permit and that such user's discharge, either alone or in conjunction with discharges from other users, increases the magnitude or duration of the POTW s violations. " Person ": Any individual, firm, company, association, society, corporation, or group. "pH ": Logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. "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. Page 6 "Pollution ": The man -made or man - induced alteration of the chemical, physical, biological, and radiological integrity of water. "Pretreatment ": The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful prior to or in lieu of discharging or otherwise introducing those pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical, or biological processes, or other process changes or by other means, except as prohibited by 40 CFR Section 403.6(4). "Pretreatment Reauirements ": Any substantive or procedural requirement for treating of a waste prior to inclusion in the P OTW. "Pretreatment Standards ": National categorical pretreatment standards or alternative discharge limits, whichever is applicable. "Publicly Owned Treatment Works (POTW ": In this case, the regional treatment plant operated by the South Central Regional Wastewater Treatment and Disposal Board and the collection sewer system owned and operated separately by the City of Boynton Beach and /or the City of Delray Beach (POTW). "Properly Shredded Garbaae ": The wastes from the preparation, cooking, and dispensing of food that have been shredded to a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch (1.27 centimeters) in any dimension. "Public Sewer ": A sewer in which all owners of abutting properties have equal rights, and which is controlled by public authority. " Reaional Treatment Facilities ": The South Central Regional Wastewater Treatment Plant transmission and disposal facilities as operated by the South Central Regional Wastewater Treatment and Disposal Board. "Replacement ": Expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the service life of the treatment process facilities to maintain the capacity and performance for which those facilities were designed and constructed. "Responsible Corporate Officer. (A) A president, secretary, treasurer, or vice - president of the corporation in charge of a principle business function, or any other person who performs similar policy- or decision - making functions for the corporation; or (B) The manager of one or more manufacturing, production, or operating facilities, provided the manager; (1) Is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or Page 7 implicit duty of making major capital investment recommendations; (2) Is authorized to initiate and direct other comprehensive measures to assure long -term environmental compliance with environmental laws and regulations; (3) Can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; (4) Has been assigned or delegated the authority to sign documents in accordance with corporate procedures. "Sanitary Sewaae ": The household and toilet wastes resulting from human occupancy. "Sanitary Sewer ": A sewer which carries sewage and to which storm, surface, and ground water are not intentionally admitted. "Sewaae ": A combination of the water - carried wastes from residences, business buildings, institutions, and industrial establishments, together with ground, surface, and stormwaters as may be present. "Sewaae Works ": All facilities for collecting, pumping, treating, and disposing of wastewater including the POTW. " Sewer ": A pipe or conduit for carrying sewage. " Shall " is mandatory; " is permissive. "Significant Industrial User ": Except as provided in paragraphs (3) and (4) below: (1) Categorical industrial users; and (2) Any other industrial user that: (a) Discharges an average of twenty -five thousand (25,000) gallons per day (gpd) or more of process wastewater to the Treatment Works (excluding domestic wastewater, noncontact cooling and boiler blow down wastewater); (b) Contributes a process waste stream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the treatment plant; or (c) Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the Treatment Works operation or for violating any pretreatment standard or requirement. (3) The City may determine that an industrial user subject to categorical pretreatment standards under Rule 62- 625.410, F.A.C. including 40 CFR Chapter I, Subchapter N, Parts 405 -471, is a non - significant categorical industrial user. Page 8 (4 Upon a finding that a user meeting the criteria in Section (B) of this definition has no reasonable potential for adversely affecting the Treatment Works 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 62- 625.500(2)(e), determine that such user should not be considered a significant industrial user. "Significant Non - Compliance ": Means that violations of this Agreement by a user subject to pretreatment standards meet one or more of the following criteria: (1) Chronic Violation: 66% or more of all measurements taken for the same pollutant during a six -month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous lim its; (2) Technical Review Criteria (TRC) Violation: 33% or more of all measurements taken for the same pollutant during a six -month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, multiplied by the applicable TRC. (TRC equals 1.4 for BOD, TSS, and Oil and Grease; and 1.2 for all other pollutants except pH); (3) Any other violation of a pretreatment standard or requirement (daily maximum, long -term average, instantaneous limit, or narrative standard) that the City determines has caused, along or in combination with other discharges, interference or pass through (including endangering the health of City or POTW personnel or the general public; (4) A discharge caused imminent endangerment to human health, welfare, or the environment and resulted in the City exercising its emergency authority under Section 30 of this Agreement; (5) Failure to meet a compliance schedule milestone date within ninety (90) days or more after the scheduled date contained in a control mechanism or enforcement order for starting construction, completing construction or attaining final compliance; (6) Failure to submit a required report within forty -five (45) days of its due date; (7) Failure to accurately report non - compliance; or (8) Any other violation or group of violations, including a violation of best management practice, which the Director determines may cause interference or pass through or will adversely affect implementation of the City's pretreatment program. "Significant Violation ": A violation that remains uncorrected 45 days after notification of non - compliance; which is part of a pattern of non - compliance over a twelve -month period; which involves a failure to accurately report non - compliance; or which resulted in the POTW exercising its emergency authority under Section 403.8(F)(1)(B) of the Act. Page 9 " Slug Discharge ": Any discharge of non - routine, episodic nature, which as reasonable potential to cause interference or pass through, or in any other way violate the POTW regulations, local limits or permit conditions. "Standard Industrial Classification (SIC) ": Classification pursuant to the Standard Industrial Classification Manual issued by the executive office of the President, Office of Management and Budget, as amended. " State ": State of Florida. "Storm Drain" or "Storm Sewer ": A sewer that carries stormwater and surface water, street wash, and other wash waters or drainage, but excludes domestic wastewater and industrial and commercial waste. "Stormwater ": Any flow occurring during or following any form of natural precipitation and resulting there from. "Superintendent ": The person designated by the POTW to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this Agreement, or his duly authorized representative. "Surcharge ": An extra charge levied to a user for treatment of compatible wastewaters that contain substances in excess of specified maximum allowable limits. "Suspended Solids ": Solids that are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering. "Toxic Pollutant ": Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CWA 307(x) or other Acts. "Treatment Plant ": That portion of regional treatment facilities designed to provide treatment to wastewater and is operated by the South Central Regional Wastewater Treatment and Disposal Board. "Treatment Works ": The wastewater treatment plant, interceptors, forcemains, lift stations, and collection systems. " User ": Any person who contributes, causes, or permits the contribution of wastewater into the POTW. "User Charqe" or "User Fee ": A charge levied on the users of the treatment process facilities for the cost of operation and maintenance of those facilities and other equitable and necessary charges. "Wastewater ": The liquid and water carried industrial or domestic wastes from dwellings, commercial buildings; industrial facilities, and institutions (whether treated or untreated) which is contributed into or permitted to enter the POTW. Page 10 "Wastewater Treatment Plant ": Any arrangement of devices and structures used for treating wastewater, such as the POTW. "Watercourse ": A channel in which a flow of water occurs, either continuously or intermittently. 5. Compliance with Provisions or More Strinaent Reaulations The use of public sanitary sewers and the POTW shall be as outlined in this Agreement or if more stringent standards are promulgated by law, then the more stringent standards shall supersede and be considered a part of this Agreement. 6. Disposal of Sewaae Other Than Throuah Regional Facilities A) The disposal of sewage by means other than use of the available regional wastewater facilities shall be in accordance with city, county, state, or federal law. B) The disposal of sewage to the POTW shall be as outlined in this Agreement and shall be subject to standards which meet or exceed the CITIES' industrial and commercial waste ordinance requirements as shall exist from time to time, and shall also be subject to the provisions of the Interlocal Agreement dated December 26, 1974, between the CITIES creating the POTW. Page 11 The CITIES shall adopt within their ordinance the right to refuse waste from any user where wastewater does not comply with the requirements of this Agreement. The CITIES shall adopt ordinances requiring that no person shall break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the sewage works. oil I No unauthorized person shall be permitted to uncover, make any connections with or openings into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit or permission from the proper official empowered to do so by the CITIES, individually, whose public sewer is affected. 10. Wastes Discharged Into Sanitary Sewers to Meet Criteria The CITIES shall each be responsible to adopt ordinances or regulations to assure that all waste discharged to public sanitary sewers, which in turn discharge to the regional treatment facilities (POTW), shall meet or exceed the following criteria: A) No person shall discharge or cause to be discharged any stormwater, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process w aters to any sanitary sewer. B) Stormwater and all other unpolluted drainage shall be discharged to those sewers as are specifically designated as storm sewers, or to a natural outlet approved by the proper City or county official. Industrial cooling water or unpolluted process waters may be discharged on approval of the Utilities Director to a storm sewer or natural outlet. C) No person shall discharge or cause to be discharged any of the following described waters or wastes to any sanitary sewers: (1) Flammable or explosive liquids or solids or gas including, but not limited to, gasoline, benzene naphtha, fuel oil, or other materials with a closed - cup flash -point of less than 140 degrees Fahrenheit. (60 degrees Celsius) using the test methods specified in 40 CFR 261.21. (2) Any water or wastes containing toxic or poisonous or pathogenic solids, liquids, or gases in sufficient quantity (either singly or by interaction with other wastes) to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the wastewater treatment plant. (3) Solid or viscous substances in quantities of a size capable of causing obstruction to the flow in sewers, or other interference with the proper Page 12 operation of the sewer works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, un- ground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes, cups, milk containers, and the like, either whole or ground by garbage grinders. D) No person shall discharge or cause to be discharged the below described materials, waters, or wastes (collectively, the substances) if it appears likely that acceptance of those wastes can harm the wastewater treatment process or equipment, the public sewers, the sanitary sewer systems, or have an adverse effect on the receiving water body, or can otherwise endanger life, limb, public property, or constitute a nuisance. The decision shall be based on those factors as the quantities subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the wastewater treatment process, capacity of the wastewater treatment plant, degree of treatability of waste in the wastewater treatment plant, and other pertinent factors. The substances prohibited are as follows: (1) Any liquid having a temperature higher than 150 degrees Fahrenheit or causing the wastewater treatment plant influent to exceed 104 degrees Fahrenheit. (2) Any water or waste containing fats, wax, grease, or oils (whether emulsified or not) in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at temperatures between 32 degrees Fahrenheit and 150 degrees Fahrenheit (0 degrees Celsius and 60 degrees Celsius). Unless the user is approved by the City and provided further that the user complies with the requirements of the City's High Strength Sewer Surcharge. (3) Any waters or wastes containing strong acid, iron, pickling wastes, or concentrated plating solutions w hether neutralized or not. (4) Any waters or wastes containing phenols or other taste or odor producing substances, in a concentration exceeding limits which may be established by the POTW as necessary after treatment of the composite sewage to meet the requirements of the state, federal, or other public agencies of jurisdiction for that discharge to the receiving waters. (5) Any garbage that has not been properly shredded, which shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle size greater than 112 inch of any dimension. (6) Any water or wastes having a pH lower than 5.5 or higher than 9.5 or having any other corrosive property capable of causing damage or hazard to structure, equipment, or personnel or any waste treatment works. (7) Any wastes containing toxic substances in quantities in excess of the following limits and measured at the point of discharge into any sewer Page 13 system, or any substance that will pass through the waste treatment facilities and exceed the state and federal requirements for receiving waters: Parameter Metals Arsenic Cadmium Chromium — Total Copper Lead Mercury Molybdenum Nickel Selenium Silver Zinc Inorcranics Chloride Cyanide pH Temperature Organics CBOD COD Oil and Grease Petroleum Hydrocarbons Phenol Limit 1.14 mg /l .93 mg /I 17.97 mg /I 17.59 mg /I 1.76 mg /I .45 mg /l 2.50 mg /I 5.37 mg /l 2.96 mg /I 4.49 m g/I 2.28 mg /I 645 mg /I 1.72 mg /l 5.5 — 9.5 std units 150 degrees Fahrenheit 400/700 mg /I * 800/1,500 mg /I* 100/240 mg /l* 25 mg /I 5.0 mg /I TSS Particle Size Radioactive Elements 400/500 m g /I* <1/2 inch Are Prohibited *Depicts lower surcharge limit/upper local limit. Upper local limit subject to enforcement action. Page 14 (8) Any waste from sodium -cycle cation exchange (water softening) units from industrial or commercial users where the chloride content exceeds 645 milligrams per liter. (9) Any water or waste containing suspended solids or color of a character and quantity that unusual attention or expense is required to handle those materials at the waste treatment facilities without a special permit issued by the City. (10) Any water or waste with a chlorine demand greater than 15 milligrams per liter. (11) Any radioactive isotopes without a special permit issued by the City. (12) Under no conditions will the discharge of domestic, sanitary, industrial, or commercial waste be perm itted into the storm sewer system. (13) Any radioactive wastes or isotopes or half -life or concentration as may exceed limits established by the POTW in compliance with applicable state or federal regulations. (14) Volume of flow or concentration of wastes constituting slugs as defined herein. (15) Any waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to that degree that the wastewater treatment plant effluent cannot meet the requirement of other agencies having jurisdiction over discharge to the receiving waters. (16) Any waters or wastes containing suspended solids in excess of 400 milligrams per liter unless the user is approved by the City and provided further that the user complies with the requirements of the City's high strength sewer surcharge. (17) Any waters or wastes with a five (5) day, 20 degrees Celsius BOD greater than 400 milligrams per liter unless the user is approved by the City and provided further that the user complies with the requirements of the City's high strength sewer surcharge system. (18) Any waters or wastes containing Chemical Oxygen Demand (COD) greater than 800 milligrams per liter unless the user is approved by the City and provided further that the user complies with the requirements of the City's high strength sewer surcharge system. E) If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Subsection D of this Section, and which, in the judgment of the POTW Executive Director, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or Page 15 which otherwise create a hazard to life or constitute a public nuisance, the Executive Director may evoke any of the following: (1) Reject the wastes (2) Require pretreatment to an acceptable condition for discharge to the public sewers (3) Require control over the quantities and rates of discharge (4) Require payment to cover the added cost of handling and treating the wastes not covered by existing fees or sewer charges as contained in the strength charge system. If the POTW permits the pretreatment or equalization of waste flows, the plans for the design and installation of the equipment shall be subject to the review and approval of the POTW and the City and subject to the requirements of applicable codes, ordinances, and laws and compliance schedules as established by the City. In addition, any major contributing industry as defined by 40 CFR 403 shall comply with 40 CFR 403.12 and any other regulation as shall from time to time be established by EPA or other appropriate regulating governmental agency. F) Grease, oil, and sand interceptors are to be provided when, in the opinion of the Executive Director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand, or other harmful ingredients; except that those interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the City and shall be so located as to be readily and easily accessible for cleaning and inspection. G) Where preliminary treatment or flow equalizing facilities and/or interceptors like but not limited to grease traps, lint traps, or grit traps are provided for any water or wastes, they shall be maintained continuously in satisfactory and effective operation by the user at his expense. Interceptors must have watertight closures for their inspection covers. The covers themselves must be of a type which conforms with the Plumbing Codes of the Building Department of the City regulating the installation and maintenance of the interceptors. Use of solvents, detergents, soaps, and /or degreasers is restricted to those levels which do not interfere with the proper functioning of the interceptors. �.. • f • • • The Cities shall adopt an appropriate Strength Surcharge System and ordinances and/or regulations intended to require their users of the public sewers or sanitary sewers to recognize and comply with the following: A) The economy and desirability of the combined treatment of industrial and commercial wastes and sanitary sewage is recognized. However, not all types and quantities of industrial and commercial wastes can be so treated. Page 16 It shall be the policy to admit the types and quantities of industrial and commercial wastes that are not harmful or damaging to the structures, processes, or operation of the sewage works or are not specifically prohibited. In all cases, a special permit will be issued which will state specific conditions and requirements to be maintained. It is also recognized that to provide this service, additional facilities or treatment are required, and the cost of that must be borne by the user receiving the benefits. B) Approval in advance by the City is required for the admission of industrial or commercial wastes into the public sewers having the following: (1) A five day, 20 degrees Celsius BOD. greater than 400 milligrams per liter or chemical oxygen demand (COD) greater than 800 milligrams per liter. (2) A suspended solids content greater than 400 Milligrams per liter. The user shall provide chemical analyses of the discharge according to a schedule to be established by the POTW and continued discharge shall be subject to approval by the City. C) Samples shall be collected so as to be a representative sample of the actual quality of the wastes. Samples for analysis may be collected by the user or his representative. Analysis shall be made by a registered sanitary engineer or graduate chemist whose qualifications are acceptable to the City or a wastewater treatment plant operator licensed and registered in the state, or a water testing laboratory certified by the state, using the laboratory methods for the examination of wastewater as set forth in 40 CFR 136, Chapter 62 -160, F.A.C., and Chapter 62 -625, F.A.C, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain appropriate sampling or analytical techniques for the pollutant in question, the laboratory, with approval of the industrial user, the City and FDEP, shall identify and propose a method for use in accordance with Rules 62- 160.300 and 62- 160.330, F.A.C. D) When required by the Utilities Director, any establishment discharging industrial or commercial wastes into the sewer system shall construct and maintain (at its sole expense) a suitable control manhole or other suitable control station downstream from any treatment, storage, or other approved works to facilitate observation, measurement, and sampling of all wastes including all domestic sewage from the establishment. The location and methods of construction of the control station shall be approved by the Utilities Director. The control station shall be maintained by the establishment so as to be safe and accessible at all times. If any establishment wishes to meter its waste discharge into the sewer system to verify in- product water retention or other uses of metered flow, they may (at their sole expense) install a flow- metering device as approved by the Utilities Director. The control station shall be accessible to City personnel at all times for sampling. All authorized POTW or City employees shall be permitted, upon suitable notice to the user, to enter upon all properties for the purpose of inspection, observation, measurement, sampling, and testing Page 17 in accordance with provisions of this Agreement and the appropriate City Ordinances. A) The CITIES shall adopt ordinances which require industrial users to provide necessary wastewater treatment as required to comply with this Agreement and shall achieve compliance with all national categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations and as required by the POTW. Industrial with integrated facilities shall comply with any alternative discharge limits as set by the City. Any facility required to pretreat wastewater to a level acceptable to the City shall be provided, operated, and maintained solely at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review at the request of the City. The review of those plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to the City prior to the user's initiation of the changes. B) All records relating to compliance with pretreatment standards shall be available to officials of the City, the POTW, EPA, or FDEP upon request. All users are required to retain and preserve for no less than three (3) years, any records, books, documents, memoranda, reports, correspondence, documentation associated with best management practices, and any and all summaries thereto, relating to monitoring, sampling, waste hauling and chemical analyses made by or on behalf of a user in connection with its discharge. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the Board or the City pursuant hereto shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. Users shal I make such records available for inspection and copying by the City and/or FDEP. All sampling and analysis activities shall be subject to the record - keeping requirements specified in Chapter 62 -160, F.A.C. Upon promulgation of the national categorical pretreatment standards or alternative discharge limits for a particular industrial subcategory, the pretreatment standard, if more stringent than limitations imposed under this Agreement for sources in that subcategory, shall immediately supersede the limitations imposed under this Agreement and shall be considered part of this Agreement. After the CITIES receive notice, the CITIES shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12. Page 18 The POTW Board reserves the right to establish by resolution more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in this Agreement. The CITIES shall adopt ordinances intended to prohibit all users from increasing the use of process water or, in any way, attempting to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the National Categorical Pretreatment Standards, alternative discharge limits, or in any other pollutant- specific limitation developed by the city or state. 16. Prevention of Accidental and Sluq Discharqes A) The CITIES shall adopt ordinances to mandate that, where needed, a user shall provide protection from accidental discharge of prohibited materials or other substances required by this Agreement. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the Owner's expense. B) Prevention of accidental discharges requires, but is not limited to, providing secondary containment for storage of potentially hazardous and /or regulated materials. The containment requirements are those now specified in, but not limited to, 40 CFR 264.170 through 176. Containment requirements must meet or exceed the following criteria of this Agreement: (1) Containment Volume to be Provided shall be 150% of one item or 150% of the largest item or 15 % of the total to be stored, whichever is to be largest. (2) Storag Shelterinq: All outdoor storage shall be sheltered from rainfall, or a suitable means of removing rainwater shall be provided. (3) Conditions of the Stored Vessel: All stored containers shall be maintained in sound condition; no rust, corrosion, or other signs of deterioration of the primary containment wall shall be permitted. All stored containers shall be closed and sealed during storage. (4) Segregation of Chemically Reactive Contents: Materials which are potentially reactive with each other shall not be stored in the same containment area (unless physical barrier separations are provided within the common area). (5) Stand -bv Materials /Equipment: Absorbents and pumps for pumping out spills shall be available when needed. Page 19 O Desi n o Contain �q ment Floor /Base: The floor or base of the 6 containment area on which the stored vessels rest shall either be sloped or raised or provided with a drain faucet to prevent or minimize contact between the storage container wall and spilled content. (7) Materials of Construction for Containment: The walls, sidings, and floor or base of the containment area shall be constructed of materials which are chemically inert with the stored materials and which render the provided containment volume leak proof. C) On the request of the POTW Board, the City shall require the user to submit to the City for review detailed plans showing facilities and operating procedures to provide this protection. All required users shall complete this plan within ninety (90) days after notification by the City. If further required by the City, a user who commences contribution to the public sewers after the effective date of this Agreement shall not be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the City. Review and approval of those plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements. D) The CITIES shall evaluate, at least once every two years, whether each significant industrial user needs a plant to control slug discharges. New significant industrial users must be evaluated within 1 year of being designated a significant industrial user. Significant industrial users are required to notify the City immediately of any changes at its facility affecting the potential for a slug discharge. If the City decides that a slug control plan is needed, the plan shall be prepared in accordance with the requirements of Rule 62- 625.500(2)(b)(6), F.A.C. E) The CITIES shall adopt ordinances that mandate that, in the case of an accidental discharge, including slug discharges and prohibited discharges, it is the responsibility of the user to immediately notify by telephone, the Utilities Director, the Executive Director of the POTW, and the POTW. The notification shall include location of discharge, type of waste, concentration and volume, and correction actions. Within five (5) days following an accidental discharge, the CITIES' ordinance shall require the user to submit to the POTW and to the City a written report describing the cause of the discharge and the measures to be taken to prevent similar future occurrences. The notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to public /sanitary sewer system, the sanitary sewer system, the POTW, fish kills, or any other damage to person or property; nor shall the notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this Agreement or other applicable law. Page 20 If sampling performed by a user indicates a violation, the user must notify the CITIES within twenty -four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the CITIES within thirty (30) days after becoming aware of the violation. If the CITIES have performed the sampling and analysis in lieu of the industrial user, the CITIES must perform the repeat sampling and analysis unless the user is notified of the violation and the CITIES requires the user to perform the repeat analysis. The user is not required to resample if the CITIES monitors at the user's facility at least once a month, or if the CITIES samples between the user's initial sampling and when the user receives the results of the sampling. 19. Notice to Emplovees in Event of Danqerous Discharqe: • • Procedure The CITIES' ordinances shall require a notice to be permanently posted on the user's bulletin board or other prominent place advising employees of whom to call in the event of a dangerous discharge. Furthermore, all employers shall ensure that all employees who may cause a dangerous discharge to occur are advised of the emergency notification procedure. r A) The Cities shall adopt ordinances intended to require all industrial users to have provisions for notifying the CITIES (Director), the Executive Director of the POTW the EPA Regional Waste Management Division Director, and the state hazardous waste authorities in writing of any discharge into the City Sewer System of a substance which is a listed or characteristic waste under Section 3001 of RCRA, 40 CFR part 261, or Chapter 62 -730, F.A.C. Such notification must include the name of the hazardous waste, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). This requirement shall not apply to pollutants already reported under the self- monitoring requirements. Notification is required no later than thirty (30) days after the discharge of the listed or characteristic hazardous waste. If the industrial user discharges more than 100 kilograms of such waste per calendar month to the Treatment Works, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: (1) An identification of the hazardous constituents contained in the waste, (2) An estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and (3) An estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. Page 21 B) Dischargers are exempt from requirements during a calendar month in which they generate no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes, as specified in 40 CFR 261 and Chapter 62 -730, F.A.C. Discharge of more than fifteen (15) kilograms of non -acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261 and Chapter 62 -730, F.A.C., requires a one -time notification. Subsequent months during which the industrial user discharges more than 15 kilograms of hazardous wastes do not require additional notification. C) In case of the new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous wastes or listing any additional substance as a hazardous waste, the industrial user must notify the Utilities Director of the discharge of such substance within ninety (90) days of the effective date of such regulations, except for the exemption in Paragraph 2 of this Section. D) In the case of any notification made under this Section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of wastes generated to the degree it has determined to be economically practicable and that it has selected the method of treatment, storage, or disposal currently available which minimizes the present and future threat to human health and the environment. r. - Within ninety (90) days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the public /sanitary sewer system, each City shall submit to the Executive Director, a monitoring report that meets the requirements of Rule 62- 625.600(1), F.A.C., indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by those pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards are being met on a consistent basis and, if not, what additional pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user and certified to by a qualified representative. Page 22 M1 KI Each City shall submit to the POTW during the months of June and December, unless required more frequently in the pretreatment standard or by the POTW, a report indicating the nature and concentration of pollutants in the effluent which are limited by those pretreatment standards or this chapter. The reports must be based on sampling and analysis performed in the period covered by the report. Periodic compliance reports shall meet the requirements of Rule 62- 625.600(4) and (7), F.A.C. In addition, this report shall include a record of all daily flows which, during the reporting period, exceed the average daily flow reported in the submission information. At the discretion of the POTW and in consideration of those factors as local high or low flow rates, holidays, budget cycles, and the like, the POTW may agree to alter the months during which the above reports may be submitted. The CITIES may reduce reporting requirements to a frequency no less than once a year, unless required more frequently in the pretreatment standard of by FDEP, if the industrial user meets the requirements of Rule 62- 625.600(4)(d), F.A.C. In cases where the pretreatment standard requires compliance with best management practice (BMP), or pollution prevention alternative, the CITIES shall require the industrial user to submit documentation required by the City or the pretreatment standard necessary to determine the compliance status of the industrial user. The CITIES may authorize an industrial user to waive sampling of a regulated pollutant if the industrial user demonstrates compliance with Rule 62- 625.600(4)(b) and (c), F.A.C. A) Each City may require to be provided and operated, all at the user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement for the building sewer or internal drainage systems. The monitoring facility should normally be located on the user's premises, but the City may, when a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in or near the sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. B) The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with plans and specifications submitted to and approved by each City and all applicable local construction standards and specifications. When required, construction of those facilities shall be completed within ninety (90) days following written notification by the City. Each City, through its employees, is authorized to inspect the facilities of any user to ascertain whether the purpose of this Agreement is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the City or its representative ready Page 23 access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination, records copying, or in the performance of their duties. The City, POTW, state, DEP, and EPA shall have the right to set up on the user's property those devices that are necessary to conduct sampling inspection, compliance monitoring, or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the City, POTW, DEP and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. �. T FM Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs, and from inspections shall be made available to the public or other governmental agency in accordance with applicable state statutes or federal law. 26. §pecial Permit Required Term A special permit will be required by the POTW for each City. 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 Director. Each wastewater discharge permit will indicate a specific date upon which it will expire. These permits involve the implementation of a formula for surcharge for wastes which exceed the sewage parameters for strength as set forth herein and also require enforcement by the Cities to prevent the discharge of wastes which exceed the sewage parameters for strength as defined in the Agreement. In order to effect these provisions, each City shall provide for development of a permit program for its users. The Cities agree to administer a waste discharge permit program for all their industrial users as follows: A) The application for a waste discharge permit shall be of a form specified by each City. B) This application will define all of the pertinent data concerning the acceptance of industrial and commercial waste flows and will provide the basis for the issuing of a permit certificate specifying limitations on what the user may discharge. The permittee may petition specific conditions of the permit for a period of thirty (30) calendar days following the date of issuance. After this period, the permittee waives all right to petition the conditions of the permit. C) The initial permit shall be effective for a period of no more than five years from date of issuance. Page 24 D) An application for an initial permit shall be accompanied by a cashier's check in an amount as established by each City as a Permit fee plus the City's monitoring costs. (1) Industrial and Commercial Waste Discharge Permit Form: The form of permit for industrial and commercial wastes shall be as specified by each City. Specific provisions for continued acceptance by each City of the waste shall be attached to and made a part of the permit to discharge. Each City may prescribe those items as equalized flow discharge, pre - chlorination, or additional limitations on waste characteristics not adequately described in this Agreement, or may prescribe pretreatment quality, requirements for the waste flow in detail. (2) Renewal of Industrial and Commercial Waste Discharge Permit: The application for a renewed waste discharge permit shall be of a form specified by each City. E) Administration of Permits: (1) The administration of the industrial and commercial waste discharge permit program and the application of the surcharge formula imposes additional obligations of the Cities. (2) The Cities, in addition to determining the waste flow volumes and analyzing the wastes strengths for development of the surcharge, must also maintain an accurate record of the permit applications, permits, meter installation details, meter calibrations, and shall make available to each establishment the necessary renewal application forms. A) The Cities shall adopt ordinances providing for a surcharge to be applied over and above the standard sewer use fee when the wastes from lot or parcel of land, upon which there is located any building or activity, contain BOD, COD, Ammonia, or suspended solids concentration higher than defined herein. B) The surcharge in dollars shall be computed by the formulas established by the Cities for the user charge and industrial cost recovery system. C) Nothing in this Agreement shall restrict the City from making additional adjustments in rates if it is found that the nature or quantity of the wastes creates an additional burden on the system or if those adjustments are necessary to comply with regulations of the State Department of Environmental Protection or the United States Environmental Protection Agency. Page 25 The POTW is responsible for the proper treatment and disposal of all waste that is proper to process through the regional treatment facilities, beginning at the point source. 1 • • - • • • . • • . ■ A) To the extent permitted by general law, the proper official and other duly authorized employees of the City or the POTW bearing proper credentials and identification shall be permitted to enter all properties for purposes of inspection, observations, measurement, sampling, and testing in accordance with the provisions of this Agreement. The official or his representatives will not inquire into any processes, including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. B) To the extent permitted by general law, the proper official and other duly authorized employees of the City or the POTW bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds an easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within that easement. Notice 31. ASUspension of Wastewater Treatment Service; • to • A) The Cities shall adopt ordinances providing that each City may suspend the wastewater treatment service to any user, including other local governments, when the suspension is necessary, in the opinion of the City, in order to stop an actual or threatened violation which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, causes interference to the POTW, caused the POTW to violate any condition of its NPDES permit, or causes the City to be in violation of any of its agreements with the POTW. B) The Cities shall require that any user notified of a suspension of the wastewater treatment service shall immediately stop or eliminate the contribution. In the event of a failure of the City to cause the user to voluntarily comply with the suspension order, the POTW shall take steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW systems or endangerment to any individuals. The POTW may reinstate the wastewater treatment service upon proof of the elimination of the non - complying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the City within fifteen (15) days from the date of the occurrence. Page 26 Whenever the POTW finds that any City has violated or is violating any of the provisions of this Agreement, or any prohibition, limitation requirements contained herein, or any regulations promulgated by the City pursuant to this Agreement, the POTW may serve upon that City a written notice stating the nature of the violation. Within thirty (30) days of the receipt of the notice, a plan for the satisfactory correction thereof shall be submitted to the POTW by the City. The POTW or the City shall publish annually a list of the industrial users which, during the previous 12 months, were in "significant non - compliance" with applicable pretreatment standards and requirements as defined in Section 4 of this Agreement. Public notification shall be included in a newspaper(s) of general circulation within the jurisdiction served by the Treatment Works that meets the requirements of Sections 50.011 and 50.013, F.S. 34. False Statements of Documents Prohibited No person shall knowingly make any false statements, representation, or certification in any application record, report, plan, or other document filed or required to be maintained pursuant to this Agreement, or falsify, tamper with, or knowingly render inaccurate any monitoring device or method required under this chapter. A) Any party subject to enforcement action under the provisions of this Agreement may request a hearing before the Executive Director within ten (10) days of receipt of notification or proposed enforcement action. A hearing is to be held by the Director concerning the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the Executive Director why the proposed enforcement action should not be taken. B) The Executive Director may conduct the hearing and take the evidence, or, at the Executive Director's sole discretion, may designate the POTW attorney or an independent arbitrator to: (1) Issue, in the name of the Executive Director, notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in that hearing. (2) Take evidence and hear testimony (the strict rules of evidence shall not apply to any hearing). (3) Transit a report of the evidence and hearing, including transcripts and other evidence, together with recommendation to the Executive Director or his designee for action thereon. Page 27 C) At any hearing held pursuant to this Agreement, testimony taken must be under oath and recorded stenographically, with the costs thereof to be borne by the user. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof. D) After the Executive Director or his designee has reviewed the evidence, he may issue an order to the user responsible for the non- compliance(s) stating that, following a thirty (30) day time period to provide remediation of non - compliance(s), penalties as per this Agreement shall go into effect. Further orders as are necessary and appropriate may be issued. E) The POTW shall also establish appropriate surcharges or fees to the Cities to reimburse the POTW for the additional cost of operation and maintenance of the wastewater treatment works due to the violation of this Agreement. F) Any action by the Executive Director or his designee may be appealed to the POTW Board. G) Costs for conducting a Show Cause Hearing shall be borne by the user requesting the hearing, if the enforcement action is upheld. If any person discharges sewage, industrial wastes, or other wastes into the City's wastewater disposal system contrary to the provisions of this Agreement, federal or state pretreatment requirements, or any Order of the City, and the City has not timely taken appropriate action to prevent such a violation, the POTW s attorney may commence an action against the City within whose collection system the violation is occurring, for appropriate legal relief, in the appropriate court which has jurisdiction. •: • • 0 ': . . '... . R The Cities shall adopt ordinances which require all users to retain and preserve for no less than three (3) years, any records, books, documents, memoranda, reports, correspondence, documentation associated with best management practices, and any and all summaries thereto, relating to monitoring, sampling, and chemical analyses made by or on behalf of a user in connection with its discharge. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the POTW or the City pursuant hereto shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. Users shall make such records available for inspection and copying by the CITIES and/or FDEP. All sampling and analysis activities shall be subject to the record- keeping requirements specified in Chapter 62 -160, F.A.C. The Cities shall adopt ordinances providing for an escalating enforcement strategy to be used by the Cities to maintain compliance with this Agreement. The various types of enforcement actions shall be used as determined by the Utilities Director depending on Page 28 the severity of the violation. A copy of the enforcement plan will be kept on file at the POTW. 39. Penalties The Cities shall adopt, by ordinance, as a minimum, the following penalties: A) Civil Penalties: The Cities shall adopt an ordinance providing that any user who is found to have violated an Order of the City or Ordinance adopted to provide for compliance with this Agreement or who fails to comply with any orders, rules, and regulations issued by the City pursuant to this Agreement, shall be penalized in at least the amount of$1,000.00 per day for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, each City may, to the extent permitted or authorized by law, recover reasonable attorneys' fees and other expenses of litigation by appropriate motions or suit at law against the user /person found to have violated this Agreement or the ordinances, orders, rules, regulations, and permits issued hereunder. B) Any person who shall continue any violation beyond the time limit provided for in this Agreement shall be guilty of a violation, and on conviction thereof, shall be penalized in at least the amount of $1,000 and not exceeding $5,000.00 for each violation. Each day in which any violation shall continue shall be deemed a separate offense. C) Within thirty (30) days of any and all violations, the user shall cause a sample of the discharge to be taken and laboratory analysis performed on said sample at their expense with the results to be provided to the Utilities Director. The Utilities Director may require further at such times as he deems appropriate. 1 • Tri 71M At Board level, the costs for testing of each City's effluent line to the facility will vary with the number and types of industries reported to exist in each City. The following Cost Recovery Formula is hereby adopted and shall be applied to each City on the basis of such monitoring activity: between 41. This Agreement supersedes in their entirety, all prior Industrial Waste and Pretreatment Agreements parties Page 29 PC, = (S X Sn) + (Ac X An) Formula Definitions: PC, = Pretreatment Monitoring Charge per City S = Sampling Activity Cost S = Number of Samples A, = Analysis Cost A = Number of Analyses Page 30 IN WITNESS WHEREOF, the parties hereto have executed this Industrial Waste and Pretreatment Agreement this day of , 20 JA ATTEST: City Clerk ATTEST: City Clerk SOUTH CENTRA6REGIONAL WASTEWATER CITY -'OF DELRAY BEAC By: Mayor APPIR AS O FORM: By: Board Attorney /Ro r Saberson Page 31 The above action is hereby ratified in open session by the City of Boynton Beach this day of I.f."� 20 d Witnesses: The above action is hereby ratified in open session by the City of Delray Beach this of a 20 Page 32 MTJ