DIVISION 2. - INDUSTRIAL PRETREATMENT STANDARDS

The following definitions are given for the purpose of establishing standard interpretations of the terms as used in these rules and regulations and agreements and/or contracts. Definitions as provided in section 110-106 of this chapter are applicable to this division. If conflicting definitions for identical terms are provided in this section, for purposes of this division, definitions provided herein shall govern. Unless the contents specifically indicate otherwise, the meaning of the following terms wherever they are used in these rules and regulations shall be defined as follows:

Act or the Act means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.

Administrator; The person designated by the county to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this division. The term also means a duly authorized representative of the administrator.

Applicant means a potential customer or authorized agent of a potential customer.

Approval authority means the Florida Department of Environmental Protection (FDEP) or its successor agencies.

Authorized representative of the user means:

(1)

If the user is a corporation:

The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000.00, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(2)

If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

(3)

If the user is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his designee.

(4)

The individuals described in subsections (1) through (3), above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the county.

BOD means 5-day biochemical demand. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20 degrees centigrade, usually expressed as a concentration (mg/l).

BMP means best management practice. Best management practices or BMPs means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in section 110-153 and 40 CFR 403.5(a)(1) and (b). BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

BMR means baseline monitoring report.

Categorical standard means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.

CFR means the Code of Federal Regulations.

CIU means categorical industrial user. An industrial user subject to a categorical pretreatment standard or categorical standard.

COD means chemical oxygen demand. A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.

Control authority means Pasco County.

County means the governing body of the unincorporated areas of Pasco County, Florida.

Daily maximum means the arithmetic average of all effluent samples for a pollutant collected during a calendar day.

Daily maximum limit means the maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

Development means any proposed change in land use which alters the demands for water and/or wastewater services.

Director means the assistant county administrator for the utilities services branch of Pasco County.

Environmental protection agency or EPA means the U.S. Environmental Protection Agency or, where appropriate, the regional water management division director, or other duly authorized official of such agency.

Equivalent residential connection (ERC) means one ERC is equal to the quantity of sewage contributed or reclaimed water used by a single-family residential customer on an annual average basis as established by the county administrator.

Existing source means any source of discharge that is not a "new source."

FDEP means Florida Department of Environmental Protection.

Gpd means gallons per day.

Grab sample means a sample which is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.

Indirect discharge or discharge means the introduction of pollutants into the POTW from any nondomestic source.

Instantaneous maximum allowable discharge limit means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

Interference means a discharge which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal, and therefore is a cause of a violation of the county's permits or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

IU means industrial user.

Lateral sewer line means a branch sewer line connected to the main sewer line. A lateral sewer is normally eight inches in size or smaller.

Local limit means specific discharge limits developed, adopted by board resolution and enforced by the county upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).

Medical waste means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

Mg/l means milligrams per liter.

Monthly average means the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.

Monthly average limit means the highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.

New source means:

(1)

Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act, which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

The building, structure, facility, or installation is constructed at a site at which no other source is located; or

The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

The production or wastewater-generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether there are substantially independent [processes], factors such as the extent to which the new facility is integrated with the existing plant and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.

(2)

Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection (1)b. or c., above, but otherwise alters, replaces, or adds to existing process or production equipment.

(3)

Construction of a new source as defined under this paragraph has commenced if the owner or operator has:

Begun, or caused to begin, as part of a continuous onsite construction program:

Any placement, assembly, or installation of facilities or equipment; or

Significant site preparation work, including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.

Noncontact cooling water means water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

NPDES means National Pollutant Discharge Elimination System.

NSCIU means nonsignificant categorical industrial user.

Off-site sewers means sewer lines totally outside a development or the property of a user.

Pass through means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the county's permits, including an increase in the magnitude or duration of a violation.

Person means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.

pH means a measure of the acidity or alkalinity of a solution, expressed in standard units.

Plumbing means all pipes, fittings, and appurtenances on the property owner's side of the property line or outside easement areas. This includes the property owner's extension from the sewer lateral up to and including the facility plumbing.

Point of connection means a point of entry given by the county to a customer/developer for the customer's/developer's point of utility connection into the county's collection or transmission system; the point at which the customer/developer receives service.

Pollutant means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

Pretreatment requirements means any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

Pretreatment standards or standards means prohibited discharge standards, categorical pretreatment standards, and local limits.

Prohibited discharge standards or prohibited discharges means absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 110-153.

Publicly owned treatment works or POTW means a "treatment works," as defined by Section 212 of the Act (33 U.S.C. § 1292) which is owned by Pasco County. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.

RCRA means Resource Conservation and Recovery Act.

Reuse means beneficial use of reclaimed water.

Reclaimed water means treated wastewater treatment plant effluent which meets the requirements of Rule 62-610, F.A.C. for public access reuse.

Sampling means the periodic collection of waters or wastewaters for testing.

Septic tank waste means any sewage from holding tanks, such as vessels, chemical toilets, campers, trailers, and septic tanks.

Service commitment means the county's intent to provide service to a particular development or facility as expressed by the county's approval on a permit request to the Florida Department of Environmental Protection.

Service lateral means sewer connection extending from the point of connection to the collecting sewer in the street or easement to a customer's plumbing.

Sewage disposal plant means the physical facilities for the treatment of sewage before discharge into a percolation pond, stream, spray irrigation system, canal, ocean, lake, injection well or reclaimed water system.

Sewage disposal system means all facilities required to transport sewage to a treatment plant for treatment and effluent disposal, including gravity sanitary sewers, interceptors, force mains, pumping stations, treatment plants, outfalls, disposal wells, and any land application facilities.

Sewer system of the county means the sanitary sewer collection system within the incorporated and unincorporated limits of Pasco County that is operated by or on behalf of the county, or any sanitary collection system which discharges into the sanitary sewer system operated by or on behalf of the county.

SIC means Standard Industrial Classification.

Significant industrial user (SIU) means, except as provided in paragraphs (3) and (4) of this subsection:

(1)

An industrial user subject to categorical pretreatment standards; or

(2)

An industrial user that:

Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);

Contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

Is designated as such by the county on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

(3)

The county may determine that an industrial user subject to categorical pretreatment standards is a nonsignificant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:

The industrial user, prior to county's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;

The industrial user annually submits the certification statement together with any additional information necessary to support the certification statement; and

The industrial user never discharges any untreated concentrated wastewater.

(4)

Upon a finding that a user meeting the criteria in subsection (2) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the county 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), F.A.C., determine that such user should not be considered a significant industrial user.

Slug load or slug discharge means any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in section 110-153 of this article. A slug discharge is any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW's regulations, local limits or permit conditions.

SNC means significant noncompliance.

Standard industrial classification (SIC) code means a classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.

Stormwater means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

System means the entire sewerage system of Pasco County and all treatment, disposal, reuse facilities and interceptor sewers owned or operated by the county and all sewage collection systems connected thereto.

Testing means the analysis of samples of sewage, effluent or reclaimed water.

TSS or total suspended solids means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.

Toxic substance means any substance, whether gaseous, liquid, or solid, which, when discharged to the sewer system in sufficient quantities, may tend to interfere with any sewage treatment process, or constitute a hazard to human beings or animals, or inhibit aquatic life, or create a hazard for reuse or to recreation in the receiving water of the effluent from the sewage treatment plant.

U.S.C. means United States Code.

User or industrial user means a source of indirect discharge.

Wastewater means liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

Wastewater treatment plant or treatment plant means that portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.

(Ord. No. 98-17, § 1, 8-4-98; Ord. No. 11-21, § 2, 12-6-11)

Sec. 110-152. - Purpose and intent; administration; jurisdiction; rules of construction.

(a)

Purpose and intent. The board of county commissioners has determined that establishing industrial pretreatment requirements is necessary and is in the best interest of the citizens of the county. This division sets forth uniform requirements for users of the publicly owned treatment works for the county and enables the county to comply with all applicable state and federal laws, including the Clean Water Act (33 United States Code § 1251 et seq.), the General Pretreatment Regulations (40 Code of Federal Regulations Part 403) and the Florida Administrative Code (62-625, F.A.C.). The objectives of this division are:

(1)

To prevent the introduction of pollutants into the publicly owned treatment works that will interfere with its operation;

(2)

To prevent the introduction of pollutants into the publicly owned treatment works that will pass through the publicly owned treatment works, inadequately treated, into receiving waters, or otherwise be incompatible with the publicly owned treatment works;

(3)

To protect both publicly owned treatment works personnel who may be affected by wastewater and sludge in the course of their employment and the general public;

(4)

To promote reuse and recycling of industrial wastewater and sludge from the publicly owned treatment works;

(5)

To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the publicly owned treatment works; and

(6)

To enable the county to comply with its various permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the publicly owned treatment works is subject.

This division shall apply to all users of the publicly owned treatment works. The division authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

This division shall not be deemed as alleviating compliance with applicable state and federal regulations. Specific user charge and industrial cost recovery requirements, promulgated by resolution passed by the board of county commissioners or by law, shall be considered as a part of this division upon official adoption.

(b)

Administration. This division shall be administered by the county administrator. The county administrator is responsible for the development and promulgation of the necessary rules and regulations for the administration and enforcement of the division. Any powers granted to or duties imposed upon the administrator may be delegated by the administrator to a duly authorized county employee.

(c)

Jurisdiction. Unless otherwise provided herein, this division shall apply only to unincorporated areas of the county where the county provides or plans to provide wastewater service in accordance with the provisions of the county comprehensive plan and to areas of the county which discharge wastewater to the county wastewater system through a multijurisdictional agreement.

(d)

Rules of construction. For the purposes of administration and enforcement of this division, unless otherwise stated in this division, the following rules of construction shall apply to the text of this division:

(1)

The word "shall" is always mandatory and not discretionary. The word "may" is permissive.

(2)

Words used in the present tense shall include the future, and words used in the singular shall include the plural, and plural the singular, unless the context clearly indicates the contrary.

(Ord. No. 98-17, § 2, 8-4-98; Ord. No. 11-21, § 2, 12-6-11)

Sec. 110-153. - Discharge standards.

(a)

Prohibited standards.

(1)

General prohibitions. No user shall introduce or cause to be introduced into the POTW, or any connected system, any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements.

(2)

Specific prohibitions. No user shall introduce or cause to be introduced into the POTW, or any connected system, the following pollutants, substances, or wastewater:

Toxic or poisonous substances, chemical elements or compounds, phenols or other taste- or odor-producing substances, or any other substances which are not amenable to treatment or reduction by the wastewater treatment processes employed by the county, or which are amenable to treatment only to such degree that the substance may interfere with the biological processes or efficiency of the treatment plants, or that may pass through a treatment plant and cause the effluent therefrom, or any other product from the plant, or the water or groundwater into which it is discharged, to fail to meet applicable state or federal standards. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the SWDA, the Clean Air Act, the Toxic Substances Control Act, or the Marine Protection, Research and Sanctuaries Act; or state or federal criteria applicable to the sludge management method being used.

Toxic, noxious, or malodorous solids, liquids, or gases, which either singly or by interaction with other waste or wastewater:

Are capable of creating a public nuisance or hazard to human or animal life;

Are or may be sufficient to prevent entry into a sewer for its maintenance, inspection, or repair; or

May create any hazard in the receiving waters of the POTW.

Liquids, solids, or gases which by reason of their nature or quantity are sufficient to cause fire or explosion or to be injurious in any other way to the POTW or to its operation, including, but not limited to, waste streams with a closed cap flashpoint of less than 140 degrees Fahrenheit or 60 degrees Celsius using the test methods specified in 40 CFR 261.21. Materials of concern include, but are not limited to, gasoline, kerosene, fuel oil, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, and sulfides, or any other substance which the county, the state or any federal agency has determined is a fire hazard or a hazard to the POTW when discharged to the POTW in sufficient quantity.

Radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by regulations within the Florida Administrative Code issued by the state department of health and rehabilitative services and which will or may cause damage or hazards to the POTW or its operating personnel.

Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool discharges, condensate deionized water, unpolluted industrial process water, or noncontact cooling water, unless specifically approved by the administrator; however, if the user was discharging noncontact cooling water or condensate deionized water to the POTW or a connected system prior to the effective date of this division, then such user may continue to discharge noncontact cooling water or condensate deionized water in amounts that are not harmful to the operation of the POTW. Whenever any such unpolluted water is found to be discharged to a sanitary sewer, the administrator may require such discharges to be connected to the storm sewer at the expense of the user, provided that the user shall obtain all required regulatory permits.

Domestic wastes from septic tanks, portable toilets, or other similar facilities, unless approved by the administrator in writing. Such discharges shall only be made at a site approved by the administrator in writing.

Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in excess of 50 mg/l or animal/vegetable fats, wax, grease, or oils in excess of 100 mg/l, whether emulsified or not; or substances which may solidify or become viscous at temperatures lower than or equal to 150 degrees Fahrenheit (65.5 degrees Celsius) or in any amount that will cause interference in the POTW.

Food waste that has not been ground or comminuted to such a degree that all particles will be carried freely in suspension under flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension. At no time shall the concentration or properly ground food waste exceed a level that would prevent the POTW treatment plants from maintaining the required efficiency or cause operational difficulties.

Inert suspended solids, such as, but not limited to, fuller's earth, lime slurries, and lime residues, or dissolved solids, such as, but not limited to, sodium chloride and sodium sulfate, in such concentrations as to pass through or interfere with the operations of the POTW.

Any waste or wastewater having a pH lower than 5.5, exhibiting any corrosive property which, either singly or by interaction with other wastes, is capable of causing damage or hazard to structures, equipment, or personnel of the POTW.

Any waste or wastewater having a pH higher than 9.5 which, either singly or by interaction with other wastes, is capable of causing damage or hazard to structures, equipment, or personnel of the POTW.

BOD, COD, or chlorine in such concentration and/or flow as to constitute a significant load on, or shock or interference to, the POTW.

Volume of flow or concentrations of wastes constituting slugs as defined in this division.

Any liquid or vapor having a temperature higher than 140 degrees Fahrenheit (60.0 degrees Celsius), which will inhibit biological activity in the treatment plant resulting in interference, except where higher temperatures are required by law; or any liquid or vapor having a temperature at such a level that the temperature at the introduction into the treatment plant exceeds 104 degrees Fahrenheit or 40 degrees Celsius.

Solid or viscous substances in such quantities or of such size as to be capable of causing obstruction to the flow in a sewer, or other interference with the proper operation or any connected system, such as, but not limited to, grease, uncomminuted food wastes, animal entrails or tissues, paunch manure, bones, hair, hides or fleshings, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal glass, straw, shavings, grass clippings, rags, spent grains or hops, wastepaper, wood, plastics, rubber stoppers, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, gasoline, naphtha, and similar substances, either whole or ground.

Excessive discoloration, such as, but not limited to, dye, printing wastes, and vegetable tanning solutions.

Any pollutant, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW.

Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems.

Trucked or hauled pollutants, except at discharge points designated by the administrator.

Sludges, screenings, or other residues from the pretreatment of industrial wastes.

Medical wastes, except as specifically authorized by the administrator.

Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test.

Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW.

Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW.

(b)

National Categorical Pretreatment Standards. Users must comply with the categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471.

(1)

The categorical pretreatment standards found in 40 CFR Chapter I, Subchapter N, Parts 405-471 are hereby incorporated. It shall be unlawful for any person to discharge any pollutant into the POTW or a connected system except when such discharge is in compliance with federal standards promulgated pursuant to the Act, and any other more stringent state and local standards. Wastes containing concentrations in excess of the National Categorical Pretreatment Standards are prohibited. New sources shall be subject to proposed standards which are thereafter promulgated in accordance with the Act. No user shall increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the National Pretreatment Standards, or in any other pollutant specific limitation developed by the county.

(2)

Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the administrator may impose equivalent concentration or mass limits in accordance with 62-625.410(4), F.A.C.

(3)

When the categorical pretreatment standard is expressed only in terms of mass of pollutant per unit of production, the administrator may impose equivalent concentration or mass limits in accordance with 62-625.410(4), F.A.C.

(4)

When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the administrator shall impose an alternate limit using the combined waste stream formula in 62-625.410(6), F.A.C.

(5)

A user may obtain variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 62-625.410, F.A.C., that factors relating to its discharge are fundamentally different from the factors considered by the EPA when developing the categorical pretreatment standard.

(6)

A User may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15 and 62-625, F.A.C.

(c)

Local limits. No person shall discharge wastewater containing pollutants in excess of the local limits for those pollutants which have been established for the Pasco County Treatment Plant Service Areas using standard procedures, calculations and methods acceptable to FDEP to protect against pass through, interference, protection of plant employees, and adverse affects on wastewater residuals disposal. No industrial user shall discharge process waste streams, unregulated waste streams, or dilute waste streams in excess of the concentrations set forth by the administrator, as approved by the board of county commissioners by resolution. Local limits shall be included as permit conditions and attached to each SIU wastewater permit issued.

The established local limits are subject to change and shall be modified as needed based on regulatory requirements and standards, wastewater plant operation, performance and processes, the industrial user base, potable water quality and domestic wastewater characteristics. Modifications to the established local limits must be reviewed and approved by FDEP prior to implementation. Implementation shall be effective 30 days from notice of acceptance of the modified limits by FDEP. Permitted SIUs shall also be issued an addendum to their wastewater discharge permit containing the new local limits.

The established local limits apply at the point where the wastewater is discharged to the collection system. All concentrations for metallic substances are for total metal unless indicated otherwise. At his or her discretion, the administrator may impose mass limitations in addition to or in place of the concentration-based limitations.

The administrator may develop best management practices (BMPs), by ordinance or in individual wastewater discharge permits to implement local limits.

A copy of the approved local limits is available upon request at the following location:

Pasco County Public Utilities
Public Works/Utilities Building S-205
7536 State Street
New Port Richey, FL 34654

(d)

County's right of revision. The county reserves the right to establish in wastewater discharge permits, standards that are different than or in addition to those listed in the local limits. The county reserves the right to establish different or additional standards on a case-by-case basis depending on the nature of the associated discharge.

(e)

Dilution. No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The administrator may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.

(f)

Special agreements. Whenever necessary or expedient in order to carry out the division, the county may enter into special agreements with users of the county's facilities setting forth terms under which the discharge of such users will be acceptable to the county. Such agreements shall be made only in accordance with an application thereof made to the board of county commissioners.

(g)

Sanitary wastewater discharged into storm sewer. No person shall discharge or cause to be discharged any sanitary wastewater into the storm sewer system without exception.

(Ord. No. 98-17, § 3, 8-4-98; Ord. No. 11-21, § 2, 12-6-11)

Sec. 110-154. - Pretreatment of wastewater.

(a)

Facilities. Users shall provide wastewater treatment as necessary to comply with this division and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in section 110-153 within the time limitations specified by the EPA, the state, or the administrator, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the administrator for review, and shall be acceptable to the administrator before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the county under the provisions of this division.

(b)

Additional measures.

(1)

Whenever deemed necessary, the administrator may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this division.

(2)

The administrator may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.

(3)

Grease, oil, and sand interceptors shall be provided when, in the opinion of the administrator, they are necessary for the proper handling of wastewater containing excessive amounts of grasses and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by the administrator and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at their expense.

(4)

Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

(c)

Accidental discharge/slug control plans. At least once every two years, the administrator shall evaluate whether each industrial user needs an accidental discharge/slug control plan. The administrator may, at his sole discretion, require any user to develop, submit for approval, and implement such a plan. Alternatively, the administrator may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following:

(1)

Description of discharge practices, including nonroutine batch discharges;

(2)

Description of stored chemicals;

(3)

Procedures for immediately notifying the administrator of any accidental or slug discharge, as required by this division; and

(4)

Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operation, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.

(d)

Hauled wastewater.

(1)

Septic tank waste may be introduced into the POTW only at locations designated by the administrator, and at such times as are established by the administrator. Such waste shall not violate section 110-153 or any other requirements established by the county. The administrator may require septic tank waste haulers to obtain wastewater discharge permits.

(2)

The administrator shall require haulers of industrial waste to obtain wastewater discharge permits. The administrator may require generators of hauled industrial waste to obtain wastewater discharge permits. The administrator also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this division.

(3)

Industrial waste haulers may discharge loads only at locations designated by the administrator. No load may be discharged without prior consent of the administrator. The administrator may take samples of each hauled load to ensure compliance with applicable standards. The administrator may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.

(4)

Industrial waste haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.

(e)

Odors. It shall at all times be the responsibility of the user to eliminate or control the emission of offensive odors from building sewers to the system or the development of offensive odors in the system as the result of a discharge. Whenever the administrator determines that offensive odors emanating from building sewers or resulting from a discharge are present in the system, he shall require the owner, at the user's sole expense, to take whatever steps are necessary to eliminate such odors from the system. The cost of any devices which may be necessary to eliminate or control such odors and all attendant expenses shall be borne by the user.

(Ord. No. 98-17, § 4, 8-4-98)

Sec. 110-155. - Wastewater discharge permit—Application.

(a)

Wastewater analysis. When requested by the administrator, a user must submit information on the nature and characteristics of its wastewater within 30 days of the request. The administrator is authorized to prepare a form for this purpose and may periodically require users to update this information.

(b)

Permit requirements.

(1)

No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the administrator, except that a significant industrial user that has filed a timely application pursuant to subsection (c) of this section may continue to discharge for the time period specified therein.

(2)

The administrator may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this division.

(3)

Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this division and subjects the wastewater discharge permittee to the sanctions set out in this division. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.

(c)

Existing connections. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this division and who wishes to continue such discharges in the future, shall, within 30 days after such date, apply to the administrator for a wastewater discharge permit in accordance with this division, and shall not cause or allow discharges to the POTW to continue after 90 days of the effective date of this division, except in accordance with a wastewater discharge permit issued by the administrator.

(d)

New connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with this division, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.

(e)

Contents. All users required to obtain a wastewater discharge permit must submit a permit application. The administrator may require all users to submit, as part of an application, the following information:

(1)

All information required by this division:

The name and address of the facility, including the name of the operator and owner;

Contact information, description of activities, facilities, and plant production processes on the premises;

Environmental permits. A list of any environmental control permits held by or for the facility;

(2)

Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;

(3)

Number and type of employees, hours of operation, and proposed or actual hours of operation;

(4)

Each product produced by type, amount, process or processes, and rate of production;

(5)

Type of wastes generated and amount of raw materials processed (average and maximum per day);

(6)

Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge;

(7)

Time and duration of discharges; and

(8)

The location for monitoring all wastes covered by the permit.

(9)

Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in Section 2.2C (40 CFR 403.6(e)).

(10)

Measurement of pollutants:

The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources.

The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the administrator, of regulated pollutants in the discharge from each regulated process.

Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported.

The sampling shall be representative of daily operations and shall be analyzed in accordance with procedures set out in section 110-157 of this chapter. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the administrator or the applicable standards to determine compliance with the standard.

Sampling must be performed in accordance with procedures set out in section 110-157 of this chapter.

(11)

Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge based on section 110-157

(12)

Any other information as may be deemed necessary by the administrator to evaluate the wastewater discharge permit application.

Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

(f)

Signatories and certification. All wastewater discharge permit applications, user reports, and certification statements must be signed by an authorized representative of the user and contain the following certification statement:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for known violations.

(1)

If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this section must be submitted to the administrator prior to or together with any reports to be signed by an authorized representative.

(2)

In accordance with 62-625.600(17) F.A.C. an industrial user determined to be a nonsignificant categorical industrial user in accordance with paragraph 62-625.200(25)(c), F.A.C., must annually submit the following certification statement, signed in accordance with the signatory requirements in subsection (f) above. The certification must accompany any alternative report required by the control authority: "Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR [specify applicable national pretreatment standard part(s)], I certify that, to the best of my knowledge and belief that during the period from [month, day, year] to [month, day, year]:

The facility described as [Industrial user name] met the definition of a Non-Significant Categorical Industrial User as described in paragraph 62-625.200(25)(c), F.A.C.;

The facility complied with all applicable pretreatment standards and requirements during this reporting period; and

The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period. This compliance certification is based upon the following information: [documentation of basis to continue exemption]."

(g)

Permit decisions. The administrator will evaluate the data furnished by the user and may require additional information. Within 30 days of receipt of a complete wastewater discharge permit application, the administrator will determine whether or not to issue a wastewater discharge permit. The administrator may deny any application for a wastewater discharge permit.

(Ord. No. 98-17, § 5, 8-4-98; Ord. No. 11-21, § 2, 12-6-11)

Sec. 110-156. - Wastewater discharge permit—Issuance process.

(a)

Permit duration. A wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five years, at the discretion of the administrator. Each wastewater discharge permit will indicate a specific date upon which it will expire.

(b)

Permit contents. A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the administrator to prevent pass through or interference, facilitate reuse of the plant's effluent, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

(1)

Wastewater discharge permits must contain:

A statement that indicates the wastewater discharge permit issuance date, expiration date, effective date, and duration, which in no event shall exceed five years;

A statement that the wastewater discharge permit is nontransferable without prior notification to the county in accordance with subsection (e) of this section, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

Effluent limits, including best management practices, based on applicable pretreatment standards;

Self-monitoring, sampling, reporting, notification, and recordkeeping requirements. These requirements shall include an identification of pollutants or best management practices to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law;

A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law;

Requirements to control slug discharge, if determined by the administrator to be necessary;

The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with section 110.57(e)(2); and

Any grant of the monitoring waiver by the administrator must be included as a condition in the user's permit or other control mechanism. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the administrator for three years after expiration of the waiver.

(2)

Wastewater discharge permits may contain, but need not be limited to, the following conditions:

Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;

Requirements for the development and implementation of spill control plans or other special conditions, including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;

Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;

Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;

A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and

Other conditions as deemed appropriate by the administrator to ensure compliance with this division, and state and federal laws, rates, and regulations.

(c)

Appeals. Any person, including the user, may petition the administrator to reconsider the terms of a wastewater discharge permit within 14 days of notice of its issuance.

(1)

Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

(2)

In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seems to place in the wastewater discharge permit.

(3)

The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.

(4)

If the administrator fails to act within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.

(5)

Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a writ for common law certiorari in the circuit court in the county.

(d)

Modification. The administrator may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

(1)

To incorporate any new or revised federal, state, or local pretreatment standards or requirements;

(2)

To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance;

(3)

A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

(4)

Information indicating that the permitted discharge poses a threat to the county's POTW, county personnel, the receiving waters, or beneficial use of the sludge;

(5)

Violation of any terms or conditions of the wastewater discharge permit;

(6)

Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

(7)

Revision of or a grant of variance from categorical pretreatment standards pursuant to 62-625.410, F.A.C.;

(8)

To correct typographical or other errors is the wastewater discharge permit; or

(9)

To reflect a transfer of the facility ownership or operation to a new owner or operator.

(e)

Transfer. Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 60 days' advance notice to the administrator and the administrator approves the wastewater discharge permit transfer. The notice to the administrator must include a written certification by the new owner or operator which:

(1)

States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;

(2)

Identifies the specific date on which the transfer is to occur; and

(3)

Acknowledges full responsibility for complying with the existing wastewater discharge permit.

Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.

(f)

Revocation. The administrator may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

(1)

Failure to notify the administrator of significant changes to the wastewater prior to the changed discharge;

(2)

Failure to provide prior notification to the administrator of changed conditions pursuant to subsection 110-157(f);

(3)

Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

(4)

Falsifying self-monitoring reports;

(5)

Tampering with monitoring equipment;

(6)

Refusing to allow the administrator timely access to the facility premises and records;

(7)

Failure to meet effluent limitations;

(8)

Failure to pay fines;

(9)

Failure to pay sewer charges;

(10)

Failure to meet compliance schedules;

(11)

Failure to complete a wastewater survey or the wastewater discharge permit application;

(12)

Failure to provide advance notice of the transfer of business ownership of a permitted facility;

(13)

Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this division.

Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.

(g)

Reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with subsection 110-155(e), a minimum of 90 days prior to the expiration of the user's existing wastewater discharge permit.

(h)

Regulation of waste received from other jurisdictions.

(1)

If another municipality, or user located within another municipality, contributes wastewater to the POTW, the administrator shall engage in negotiations with the municipality and attempt to enter into an interlocal agreement with the contributing municipality.

(2)

Prior to entering into an interlocal agreement, the administrator will request the following information from the contributing municipality:

A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;

An inventory of all users located within the contributing municipality that are discharging to the POTW; and

Such other information as the administrator may deem necessary.

(3)

An interlocal agreement, at a minimum, shall contain the following conditions:

A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this division and local limits which are at least as stringent as those set out in this division. The requirement will specify that such ordinance and limits must be revised as necessary to reflect changes made to the county's ordinance or local limits;

A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;

A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the county; and which of those activities will be conducted jointly by the contributing municipality and the county;

A requirement for the contributing municipality to provide the administrator with access to all information that the contributing municipality obtains as part of its pretreatment activities;

Limits on the nature, quality, and volume of the contributing municipality's wastewater at the point where it discharges to the POTW;

Requirements for monitoring the contributing municipality's discharge;

A provision ensuring the administrator access to the facilities of users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the administrator;

A provision specifying remedies available for breach of the terms of the interlocal agreement; and

A provision for administration of costs and fees.

(Ord. No. 98-17, § 6, 8-4-98; Ord. No. 11-21, § 2, 12-6-11)

Sec. 110-157. - Reporting requirements.

(a)

Baseline monitoring reports. Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 62-625.410, F.A.C., whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the administrator a report which contains the information listed in paragraph (b), below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the administrator a report which contains the information listed in paragraph (b), below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

(b)

Information required. Users described above shall submit the information set forth below.

(1)

Identifying information. The name and address of the facility, including the name of the operator and owner.

(2)

Environmental permits. A list of any environmental control permits held by or for the facility.

(3)

Description of operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.

(4)

Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in 62-625.410(6), F.A.C.

(5)

Measurement of pollutants.

The user shall provide the information required in section 110-155(e).

The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this paragraph.

Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in subsection (k) of this section.

The results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or by the administrator, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations or mass, where required, shall be reported.

The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

Sampling must be performed in accordance with procedures set out in subsection (l) of this section.

(6)

Certification. A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O & M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

(7)

Compliance schedule. If additional pretreatment and/or O & M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O & M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in subsection (c) of this section.

(8)

Signature and certification. All baseline monitoring reports must be signed and certified in accordance with subsection 110-155(f).

(c)

Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by subsection (b)(7) of this section:

(1)

The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);

(2)

No increment referred to above shall exceed nine months;

(3)

The user shall submit a progress report to the administrator no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and

(4)

In no event shall more than nine months elapse between such progress reports to the administrator.

(d)

Reports on compliance with categorical pretreatment standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the administrator a report containing the information described in subsection (b) of this section. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 62-625.410(4), F.A.C., this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with subsection 110-155(f).

(e)

Periodic compliance reports.

(1)

All significant industrial users shall, at a frequency determined by the administrator but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the administrator or the pretreatment standard necessary to determine the compliance status of the user.

(2)

The county may authorize an industrial user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user. See 40 CFR 403.12(e)(2). This authorization of the monitoring waiver is subject to the following conditions and does not supersede certification processes and requirements established in the categorical pretreatment standards, except as specified in the categorical pretreatment standard:

The monitoring waiver is valid only for the duration of the effective period of the permit or other equivalent individual control mechanism, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent control mechanism.

In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one sampling of the facility's process wastewater prior to and after any treatment present at the facility that is representative of all wastewater from all processes. Non-detectable sample results may only be used as a demonstration that a pollutant is not present if the department approved method from Rule 62-4.246, F.A.C., with the lowest methods detection limits for that pollutant was used in the analyses.

The request for a monitoring waiver must be signed in accordance with subsection 110-155 and include the certification statement found in subparagraph 62-625.410(2)(b)2., F.A.C.

The authorization must be included as a condition in the industrial user's control mechanism. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the control authority for three years after expiration of the waiver.

Upon approval of the monitoring waiver and revision of the industrial user's control mechanism by the control authority, the industrial user must certify each report with the following statement: "Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 CFR [specify applicable national pretreatment standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under paragraph 62-625.600(4)(a), F.A.C."

In the event that a waived pollutant is found to be present, or is expected to be present, based on changes that occur in the industrial user's operations, the industrial user must immediately notify the control authority and comply with the monitoring requirements of paragraph (4)a., above, or other more frequent monitoring requirements imposed by the control authority.

(3)

The county may reduce the requirement for periodic compliance reports to report no less frequently than once a year, unless required more frequently in the pretreatment standard or by the department, where the industrial user meets all of the following conditions:

The industrial user's total categorical wastewater flow does not:

Exceed 0.01 percent of the percent of the design dry weather hydraulic capacity of the WWF, or 5,000 gallons per day, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the industrial user discharges in batches;

Exceed 0.01 percent of the design dry weather organic treatment capacity of the WWF; and

Exceed 0.01 percent of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed for a WWF in accordance with subsection 62-625.400(3), F.A.C.

The industrial user has not been in significant noncompliance in the past two years; and

The industrial user does not have daily flow rates, production levels, or pollutant levels that vary so significantly that decreasing the reporting requirement for this industrial user would result in data that are not representative of conditions occurring during the reporting period.

(4)

All periodic compliance reports must be signed and certified in accordance with subsection 110-155(f).

(5)

All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

(6)

If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the administrator, using the procedures prescribed in subsection (l) of this section, the results of this monitoring shall be included in the report.

(f)

Reports of changed conditions. Each user must notify the administrator of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least 90 days prior to the change.

(1)

The administrator may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under section 110-155

(2)

The administrator may issue a wastewater discharge permit under section 110-155 or modify an existing wastewater discharge permit under subsection 110-156(d) in response to changed conditions or anticipated changed conditions.

(3)

For purposes of this requirement, significant changes include, but are not limited to, flow increases of 20 percent or greater, and the discharge of any previously unreported pollutants.

(g)

Reports of potential problems.

(1)

In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the administrator of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

(2)

Within five days following such discharge, the user shall, unless waived by the administrator, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this division.

(3)

A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in subsection (1), above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.

(4)

Significant industrial users are required to notify the administrator immediately of any changes at its facility affecting the potential for a slug discharge.

(h)

Reports from unpermitted users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the administrator as the administrator may require.

(i)

Notice of violation/repeat sampling and reporting. If sampling performed by a user indicates a violation, the user must notify the administrator within 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 administrator within 30 days after becoming aware of the violation. Additional sampling and analyses shall be conducted at the request of the administrator. However, resampling shall not be required if:

(1)

The administrator performs sampling at the industrial user at a frequency of at least once per month; or

(2)

The administrator performs sampling at the industrial user between the time when the initial sampling was conducted and the time when the industrial user or the administrator receives the results of the sampling.

(j)

Notification of discharge of hazardous waste.

(1)

Any user is strictly prohibited from discharging any RCRA characteristic or listed hazardous waste as defined under 40 CFR Part 261 to the POTW at any time.

(2)

Any user who may accidentally spill into the POTW any hazardous waste as defined in 40 CFR Part 261 shall immediately notify the administrator verbally at the time of the accident followed by written notification to the administrator, the EPA Regional Waste Management Division Director, the state hazardous waste authorities, and the state pretreatment authority. All written notifications shall be done within 24 hours of the spill or the accidental discharge of hazardous waste into the POTW. All verbal and written notifications must contain the following information to the extent such information is known and readily available to the user:

An identification of the hazardous constituents contained in the wastes and the name of the hazardous waste as set forth in 40 CFR Part 261;

The EPA hazardous waste number;

The type of discharge (continuous, batch, or other);

An estimation of the mass; and

Concentration of such constituents in the waste stream discharged into the POTW during the accidental discharge or spill.

All verbal and written notifications shall be submitted every time an accident or a spill leads to the discharge of hazardous constituents/hazardous waste into the POTW. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under self-monitoring requirements of this division.

(3)

This section concerning notification of discharge of hazardous waste applies to all users regardless of the amount and concentration of hazardous waste discharged into the POTW and whether or not the waste is just hazardous or the waste is acute hazardous waste as specified in 40 CFR Parts 261.30(d) and 261.33(e).

(4)

In case of new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user shall follow the same notification procedures, verbally to the administrator and in writing to all authorities just as indicated herein, upon an accidental discharge or accidental spill into the POTW of such newly identified hazardous waste.

(5)

In the case of any notification made under this section, the user shall certify that he/she have a program, approved by the administrator, in place within 30 days of time of notification to prevent or minimize the chances of additional accidental discharges of hazardous waste into the POTW.

(6)

This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this division, a permit issued thereunder, or any applicable federal or state law.

(7)

The administrator, under this division, may hold the user responsible for all costs incurred by the county due to repairs resulting from discharge to the POTW, cleanup, and any necessary steps taken to protect the operations of the POTW as a result of the discharge of hazardous waste into the system.

(k)

Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with 40 CFR Part 136 and Rule 62-160, F.A.C., unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA and/or FDEP.

(l)

Sample collection. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report and based on data that is representative of conditions occurring during the reporting period.

For sampling required in support of baseline monitoring and 90-day compliance reports, a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds. For periodic compliance reports, the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.

(1)

Except as indicated in subsection (2), below, the user shall collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the administrator may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

(2)

Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows:

For cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field;

For volatile organics and oil and grease, the samples may be composited in the laboratory;

Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the county, as appropriate.

(3)

Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

(4)

Samples shall be collected and analyzed during the time period covered by the self-monitoring report to be submitted.

(m)

Timing. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.

(n)

Recordkeeping. Users subject to the reporting requirements of this division shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this division and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the county, or where the user has been specifically notified of a longer retention period by the administrator.

(Ord. No. 98-17, § 7, 8-4-98; Ord. No. 11-21, § 2, 12-6-11)

Sec. 110-158. - Compliance monitoring.

(a)

Right of entry; inspection and sampling. The administrator shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this division and any wastewater discharge permit or order issued hereunder. Users shall allow the administrator ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

(1)

Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the administrator will be permitted to enter without delay for the purposes of performing specific responsibilities.

(2)

The administrator shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.

(3)

Upon written order by the administrator, the user shall install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained by the user at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated annually to ensure their accuracy.

(4)

Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the administrator and shall not be replaced. The costs of clearing such access shall be borne by the user.

(5)

Unreasonable delays in allowing the administrator access to the user's premises shall be a violation of this division.

(b)

Search warrants. If the administrator has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this division, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the county designed to verify compliance with this division or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the administrator may seek issuance of a search warrant.

(Ord. No. 98-17, § 8, 8-4-98)

Sec. 110-159. - Confidential information.

Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the administrator's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the administrator, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction.

(Ord. No. 98-17, § 9, 8-4-98)

Sec. 110-160. - Publication of users in significant noncompliance.

The administrator shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term "significant noncompliance" shall mean:

(1)

Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all of the measurements taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits;

(2)

Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of all of the measurements for each pollutant parameter taken during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, multiplied by the applicable TRC. (TRC = (1.4 for BOD, TSS, fats, oils 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) as defined by section 110-153 that the administrator believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;

(4)

Any discharge that has resulted in the administrator's exercise of its emergency authority to halt or prevent such a discharge;

(5)

Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a control mechanism, wastewater discharge permit, or enforcement order for starting construction, completing construction, or attaining final compliance;

(6)

Failure to provide, within 45 days after the due date, required reports, such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(7)

Failure to accurately report noncompliance; and

(8)

Any other violation or group of violations, including a violation of best management practices which the administrator determines will adversely affect the operation or implementation of the local pretreatment program.

(Ord. No. 98-17, § 10, 8-4-98; Ord. No. 11-21, § 2, 12-6-11)

Sec. 110-161. - Administrative enforcement remedies.

(a)

Notification of violation. When the administrator determines that there is reasonable cause to believe a user has violated, or continues to violate, any provision of this division, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the administrator may serve upon that user a written notice of violation. Within 14 days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the administrator. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the administrator to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

(b)

Consent orders. The administrator may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to subsections (d) and (e) of this section and shall be judicially enforceable.

(c)

Show cause hearing. The administrator may order a user which has violated, or continues to violate, any provision of this division, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the administrator and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 20 days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

(d)

Compliance orders. When the administrator determines that a user has violated, or continues to violate, any provision of this division, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the administrator may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(e)

Cease and desist orders. When the administrator determines that a user has violated, or continues to violate, any provision of this division, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the administrator may issue an order to the user directing it to cease and desist all such violations and directing the user to:

(1)

Immediately comply with all requirements; and

(2)

Take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including, but not limited to, stopping operations and/or terminating the discharge.

Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(f)

Administrative fines.

(1)

When the administrator determines that a user has violated, or continues to violate, any provision of this division, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the administrator may fine such user in an amount not to exceed $500.00. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.

(2)

Unpaid charges, fines, and penalties shall, after 30 calendar days, be assessed an additional penalty of 15 percent of the unpaid balance, and interest shall accrue thereafter at a rate of 0.83 percent per month. A lien against the user's property will be sought for unpaid charges, fines, and penalties.

(3)

Users desiring to dispute such fines must file a written appeal for the administrator to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine. Where the administrator determines that there are genuine issues raised by the appeal, the administrator may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The administrator may deduct the cost of preparing administrative enforcement actions, such as notices and orders, from the amount returned to the user.

(4)

Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.

(g)

Emergency suspensions. The administrator may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the public health, safety or welfare. The administrator may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.

(1)

Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the administrator may take such steps as deemed necessary, including, but not limited to, immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to the public or the environment. The administrator may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the administrator that the period of endangerment has passed, unless the termination proceedings in subsection (h) of this section are initiated against the user.

(2)

A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the administrator prior to the date of any show cause or termination hearing under subsections (c) or (h) of this section. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

(h)

Termination of discharge. In addition to the provisions in subsection 110-156(f), any user who violates the following conditions is subject to discharge termination:

(1)

Violation of wastewater discharge permit conditions;

(2)

Failure to accurately report the wastewater constituents and characteristics of its discharge;

(3)

Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;

(4)

Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; or

(5)

Violation of the pretreatment standards in section 110-153

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under subsection (c) of this section why the proposed action should not be taken. Exercise of this option by the administrator shall not be a bar to, or a prerequisite for, taking any other action against the user.

(Ord. No. 98-17, § 11, 8-4-98; Ord. No. 11-21, § 2, 12-6-11)

Sec. 110-162. - Judicial enforcement remedies.

(a)

Injunctive relief. When the administrator determines that a user has violated, or continues to violate, any provision of this division, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the administrator may petition the court through the county's attorney to seek injunctive relief, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this division on activities of the user. The administrator may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.

(b)

Civil penalties.

(1)

A user who has violated, or continues to violate, any provision of this division, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the county for a minimum civil penalty of $1,000.00 per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

(2)

The administrator may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the county.

(3)

In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.

(4)

Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.

(c)

Criminal prosecution.

(1)

A user who willfully or negligently violates any provision of this division, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a minimum fine of $1,000.00 per violation, per day, or imprisonment for not more than 60 days, or both.

(2)

A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of a minimum of $1,000.00 per violation, per day, or be subject to imprisonment for not more than 60 days, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.

(3)

A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this division, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this division shall, upon conviction, be punished by a minimum fine of $1,000.00 per violation, per day, or imprisonment for not more than 60 days, or both.

(4)

In the event of a second conviction, a user shall be punished by a minimum fine of $1,000.00 per violation, per day, or imprisonment for not more than 180 days, or both.

(d)

Remedies nonexclusive. The remedies provided for in this division are not exclusive. The administrator may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the county's enforcement response plan; however, the administrator may take other action against any user when the circumstances warrant. Further, the administrator is empowered to take more than one enforcement action against any noncompliant user.

(Ord. No. 98-17, § 12, 8-4-98; Ord. No. 11-21, § 2, 12-6-11)

Sec. 110-163. - Supplemental enforcement action.

(a)

Penalties for late report. A penalty of $500.00 may be assessed to any user for each day that a report required by this division, a permit or order issued hereunder is late; beginning five days after the date the report is due. Higher penalties may also be assessed where reports are more than 30 days late. Actions taken by the administrator to collect late reporting penalties shall not limit the administrator's authority to initiate other enforcement actions that may include penalties for late reporting violations.

(b)

Performance bonds. The administrator may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this division, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the county, is as [in] a sum not to exceed a value determined by the administrator to be necessary to achieve consistent compliance.

(c)

Liability insurance. The administrator may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this division, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.

(d)

Payment of outstanding fees and penalties. The administrator may decline to issue or reissue an individual wastewater discharge permit to any user who has failed to pay any outstanding fees, fines or penalties incurred as a result of any provision of this division, a previous individual wastewater discharge permit, or order issued hereunder.

(e)

Water supply severance. Whenever a user has violated or continues to violate any provision of this division, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.

(f)

Public nuisances. A violation of any provision of this division, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the administrator. Any person(s) creating a public nuisance shall be subject to the provisions of chapter 42 of the Code governing such nuisances, including reimbursing the county for any costs incurred in removing, abating, or remedying such nuisance.

(g)

Contractor listing. Users which have not achieved compliance with applicable pretreatment standards and requirements are not eligible to receive a contractual award for the sale of goods or services to the county. Existing contracts for the sale of goods or services to the county held by a user found to be in significant noncompliance with pretreatment standards or requirements may be terminated at the discretion of the administrator.

(Ord. No. 98-17, § 13, 8-4-98; Ord. No. 11-21, § 2, 12-6-11)

Sec. 110-164. - Affirmative defenses to discharge violations.

(a)

Upset.

(1)

For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

(2)

An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subsection (3), below, are met.

(3)

A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

An upset occurred and the user can identify the cause(s) of the upset;

The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and

The user has submitted the following information orally to the administrator within 24 hours and in writing within five days of becoming aware of the upset:

A description of the indirect discharge and cause of noncompliance;

The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and

Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

(4)

In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

(5)

Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.

(6)

Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.

(b)

Prohibited discharge standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in section 110-153 or the specific prohibitions in section 110-153 if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:

(1)

A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or

(2)

No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the county was regularly in compliance with its wastewater permits, including, but not limited to, NPDES permits and all applicable regulatory permits, and, in the case of interference, was in compliance with applicable sludge use or disposal requirements.

(c)

Bypass.

(1)

For the purposes of this section,

"Bypass" means the intentional diversion of waste streams from any portion of a user's treatment facility.

"Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. "Severe property damage" does not mean economic loss caused by delays in production.

(2)

A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subsections (3), (4), (5) and (6) of this section.

(3)

If a user is aware of the need for a bypass, it shall submit prior notice to the administrator, at least ten days before the date of the bypass, if possible.

(4)

A user shall submit oral notice to the administrator of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The administrator may waive the written report on a case-by-case basis if the oral report has been received within 24 hours and if the written report is determined to be unnecessary.

(5)

Bypass is prohibited, and the administrator may take an enforcement action against a user for a bypass, unless:

Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

The user submitted notices as required under subsection (3) of this section.

(6)

The administrator may approve an anticipated bypass, after considering its adverse effects, if the administrator determines that it will meet the three conditions listed in subsection (5) of this section.

(Ord. No. 98-17, § 14, 8-4-98)

Sec. 110-165. - Reserved.

Sec. 110-166. - Charges and fees.

The county may adopt reasonable fees for reimbursement of costs of setting up and operating the county's pretreatment program, which may include:

(1)

Fees for wastewater discharge permit applications, including the cost of processing such applications;

(2)

Fees for monitoring, inspection, and surveillance procedures, including the cost of collection and analyzing a user's discharge, reviewing monitoring reports, and certification statements submitted by users;

(3)

Fees for reviewing and responding to accidental discharge procedures and construction;

(4)

Fees for filing appeals;

(5)

Fees to recover administrative and legal costs (not included in subsection (2) above) associated with the enforcement activity taken by the administrator to address IU noncompliance; and

(6)

Other fees as the county may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this division and are separate from all other fees, fines, and penalties chargeable by the county.

(Ord. No. 98-17, § 16, 8-4-98; Ord. No. 11-21, § 2, 12-6-11)

Secs. 110-167—110-170. - Reserved.

DIVISION 2. - INDUSTRIAL PRETREATMENT STANDARDS [84]

DIVISION 2. - INDUSTRIAL PRETREATMENT STANDARDS ^[84]