§ 19-31. General provisions.
(a)
Purpose and policy. This article sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the City of Cocoa Beach, Florida, and enables the city to comply with all applicable state and federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations (40 CFR, Part 122 and Part 403) and Chapter 62.625 F.A.C.
The objectives of this article are:
(1)
To prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system or contaminate the resulting sludge or reclaimed water;
(2)
To prevent the introduction of pollutants into the municipal wastewater system that will pass through the system, inadequately treated, into receiving waters, reclaimed water or the atmosphere or otherwise be incompatible with the system;
(3)
To improve the opportunity to recycle and reclaim wastewaters and sludges from the system;
(4)
To provide for equitable distribution of the cost of the municipal wastewater system;
(5)
To prevent the introduction of extraneous flows into the municipal wastewater system; and
(6)
Provide for the general health, safety and welfare of both WWTP employees and citizens of the city.
This article provides for the regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain non-domestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, assumes the existing customer's capacity will not be preempted, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.
This article shall apply to the City of Cocoa Beach and to persons outside of the city who are, by contract or agreement with the city, users of the city wastewater treatment plant (WWTP). Except as otherwise provided herein, the city's director of utilities shall administer, implement, and enforce the provisions of this article. The director of utilities shall periodically review such provisions and limitations to ensure that they are sufficient to protect the operation of the WWTP, to enable the treatment works to comply with applicable state and federal laws, to provide a cost effective means of operation of the treatment works, to provide cost effective opportunities to recycle and reclaim the sludge and effluent of the treatment works, and to protect the public health and the environment. The director of utilities shall recommend changes or modifications to this article as necessary.
(b)
Definitions. Unless the context specifically indicates otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated:
(1)
Act or "the Act". The Federal Water Pollution Control Act or the Clean Water Act, enacted by Public Law 92-500, October 18, 1972, 33 U.S.C. 1251 et seq., as amended by Pub. L. 95-217, December 28, 1977; Pub. L. 97-117, December 29, 1981; Pub. L. 97-440, January 8, 1983; and Pub. L. 100-04, February 4, 1987, and as may be amended from time to time.
(2)
Approval authority. Florida Department of Environmental Protection, (FDEP).
(3)
Authorized representative of industrial user. An authorized representative of an industrial user may be: (1) a principal executive officer of at least the level of vice-president, if the industrial user is a corporation; (2) a general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; (3) a duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates. A principal executive officer or director having responsibility for the overall operation of the discharging facility if the industrial user is a federal, state or local governmental entity, or their agents.
(4)
Biochemical oxygen demand (BOD). Has the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five (5) days at twenty (20) degrees Centigrade expressed in terms of weight and concentration (milligrams per liter—mg/L).
(5)
Building sewer. A sewer conveying wastewater from the premises of a user to the WWTP.
(6)
Categorical standards. National or federal categorical pretreatment standards or pretreatment standards.
(7)
Chemical oxygen demand (COD). A measure of the oxygen required to oxidize organic matter and oxidizable inorganic compounds in water.
(8)
City. The City of Cocoa Beach, Florida, or the city commission of the City of Cocoa Beach, Florida.
(9)
Combined wastestream formula (CWF). A procedure for calculating alternative discharge limits at industrial facilities where a regulated wastestream from a categorical industrial user is combined with other wastestreams prior to treatment or discharge as provided for in Rule 62-625.410 (6), F.A.C.
(10)
Control authority. The term shall refer to the "approval authority," defined hereinabove, or the director of utilities if the city has an approved pretreatment program under the provisions of Rule 62-625.510 F.A.C.
(11)
Conventional pollutant. A conventional pollutant as listed in 40 CFR 401.16; these include BOD, TSS, fecal coliform bacteria, oil and grease and pH for which the WWTP is designed to treat and, in fact, does remove to a substantial degree.
(12)
Cooling water.
a.
Uncontaminated. Water used for cooling purposes only, which has no direct contact with any raw material, intermediate or final product and which does not contain a level of contaminants detectably higher than that of the city's potable water except for heat.
b.
Contaminated. Water used for cooling purposes which may become contaminated either through the use of water treatment chemicals used as corrosion inhibitors or biocides, or by direct contact with process materials and/or wastewater.
(13)
Dilute wastestream. For purposes of the combined wastestream formula, means the average daily flow (at least thirty-day average) from:
a.
Boiler blow down streams, noncontact cooling streams, and demineralized backwash streams (provided, however, that where such streams contain a significant amount of a pollutant, and the combination of such streams, prior to treatment, with the industrial users regulated, process wastestream(s) will result in a substantial reduction of that pollutant, the director, upon application of the industrial user, may exercise discretion to determine whether such stream(s) should be classified as diluted or unregulated. In its application to the director, the industrial user must provide engineering, production sampling and analysis, and such other information so that the director can make a determination);
b.
Sanitary wastestreams where such streams are not regulated by a categorical pretreatment standard; or
c.
Any wastestreams in which:
1.
The pollutants of concern are not detectable in the effluent from the industrial user;
2.
The pollutants of concern are present only in trace amounts and are neither causing nor likely to cause toxic effects;
3.
The pollutants of concern are present in amounts too small to be effectively reduced by current technologies; or
4.
The wastestream contains only pollutants that are compatible with the WWTP.
(14)
Direct discharge. The discharge of treated or untreated wastewater directly to the waters of the State of Florida.
(15)
Director of utilities. The person designated by the city to supervise the operation of the wastewater treatment plant and who is charged with certain duties and responsibilities by this article, or his duly authorized representative.
(16)
Extraneous flows. Flows of water or sewage which include, but are not limited to storm water, surface water, roof runoff, groundwater, swimming pool water, subsurface drainage, cooling water of any type, or unpolluted industrial or commercial process water.
(17)
Environmental Protection Agency, or EPA. The U.S. Environmental Protection Agency, or where appropriate the term may also be used as a designation for the administrator or other duly authorized official of said agency.
(18)
Florida Department of Environmental Protection (FDEP). The State of Florida Department of Environmental Protection, or where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of the agency.
(19)
Grab sample. A sample that is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.
(20)
Hazardous substance means the following:
a.
Any hazardous substance listed or designated pursuant to section 307(a), section 311(b)(2)(A) or section 102 of the Act.
b.
Any hazardous air pollutant listed under section 112 of the Clean Air Act.
c.
Any imminently hazardous chemical substance or mixture with respect to which the administrator has taken action pursuant to section 7 of the Toxic Substances Control Act or its implementing regulations (40 CFR parts 712 and 716).
d.
Any substance listed as hazardous in 40 CFR parts 116, 117 or 302.
e.
Any material having the characteristics identified under or listed pursuant to section 3001 of RCRA and listed in 40 CFR 261.
(21)
Holding tank waste. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum pump tank trucks.
(22)
Indirect discharge. The discharge or the introduction of non-domestic pollutants from any source regulated under section 307(b) or (c) of the Act, (33 U.S.C. 1317) into the WWTP (including holding tank waste discharged into the system).
(23)
Industrial user. A source of indirect discharge that does not constitute a "discharge of pollutant" under regulations issued pursuant to section 402 of the Act, (33 U.S.C. 1342).
(24)
Industrial wastewater discharge permit (IWDP). A permit issued by the city that authorizes the discharge of industrial wastewater into the WWTP by a significant industrial user.
(25)
Instantaneous maximum limit. The maximum allowable concentration of a pollutant determined from the analysis of any grab or composite sample collected regardless of the industrial flow rate or the duration of the sampling event.
(26)
Interference. The inhibition or disruption of the WWTP treatment processes or operations or its sludge processes, use or disposal; or contributes to a violation of any requirement of the city's NPDES permit, its term includes prevention of sewage sludge use or disposal by the WWTP in accordance with 405 of the Act. (33 U.S.C. 1342), or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substance Control Act, or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use approved by the WWTP.
(27)
Medical waste. Any waste from medical procedures, processes or functions, including, but not limited to, 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.
(28)
(National) Federal categorical pretreatment standard or pretreatment standard. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial users in specific industrial subcategories as listed in Chapter 62-625, F.A.C., and contained in separate regulations established by the EPA under the appropriate subpart of 40 CFR parts 401 through 471.
(30)
(National) Federal prohibitive discharge standard or prohibitive discharge standard. Any regulation developed under the authority of 307(b) of the Act and Chapter 62-625, F.A.C.
(31)
New source. Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which is commenced after the publication of the proposed national categorical pretreatment standards under section 307(c) of the Act, which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
a.
The building, structure, facility or installation is constructed at a site at which no other source is located;
b.
The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
c.
The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.
(32)
National pollution discharge elimination system or NPDES permit. A permit issued pursuant to section 402 of the Act (33 U.S.C. 1342).
(33)
Pass through. A discharge that exits the WWTP to receiving waters of the United States or to the reclaimed water system, sludge or deepwell injection system 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 any permit held by the WWTP (including an increase in the magnitude or duration of a violation).
(34)
Person. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
(35)
pH. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
(36)
Pollution. The manmade or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
(37)
Pollutant. Any substance introduced directly or indirectly into water so as to cause pollution, including but not limited to dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste.
(38)
Pretreatment or treatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to, or in lieu of discharging or otherwise introducing such pollutants into a WWTP. The reduction or alteration can be obtained by physical, chemical or biological processes: process changes or other means, except as prohibited by Chapter 62-625, F.A.C.
(39)
Pretreatment requirements. Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.
(40)
Pretreatment standard. Any regulation containing pollutant discharge limits to a WWTP promulgated by the EPA, state or city. This includes, but is not limited to, categorical standards and the general and specific prohibitive discharge limits established pursuant to Chapter 62-625, F.A.C., and the city's local limits. Where the EPA, state and city have established a pretreatment standard for a specific pollutant, the most stringent standard shall apply.
(41)
Prohibited discharge standard or prohibited discharge. An absolute prohibition against the discharge of certain substances set forth in section 19-32.
(42)
Reclaimed water means water that has received at least secondary treatment and is reused after flowing out of a wastewater treatment plant.
(43)
Regulated wastestream means an individual process wastestream regulated by a national categorical pretreatment standard.
(44)
Sample means a representative part of a larger whole which can be presented as evidence of quality. Samples are recognized depending on the collection method as follows:
a.
Grab sample. An individual sample collected from a wastestream in less than fifteen (15) minutes without regard for flow or time.
b.
Time proportional composite sample. A sample consisting of a minimum of eight (8) equal volume, discrete sample aliquots collected at equal time intervals over the compositing period and combined to form a representative sample.
c.
Flow proportional composite sample. A sample consisting of a minimum of eight (8) discrete sample aliquots collected proportional to the flow rate of the liquid being sampled over the compositioning period and combined to form a representative sample. Two (2) methods may be used to collect this type of sample. One (1) method collects equal volume aliquots at time intervals which vary based on the stream flow. The other method collects aliquots of varying volume, based on stream flow, at constant time intervals.
(45)
Sewage. Human excrement and gray water, such as water from household showers and dishwashing operations.
(46)
Shall is mandatory. May is permissive.
(47)
Significant noncompliance (SNC). A significant industrial user shall be in significant noncompliance when any one (1) or more of the following criteria are satisfied:
a.
Chronic violations of wastewater discharge limits, defined here as those in which sixty-six (66) per cent or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter,
b.
Technical review criteria (TRC) violations, defined here as those in which thirty-three (33) per cent or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, total oil and grease, and 1.2 for all other pollutants except pH),
c.
Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the control authority determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of WWF personnel or the general public),
d.
Any discharge that has resulted in the control authority's exercise of its emergency authority to halt or prevent such a discharge,
e.
Failure to provide, within thirty (30) days after the schedule date, a compliance schedule milestone contained in a control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance,
f.
Failure to provide, within thirty (30) days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules,
g.
Failure to accurately report noncompliance, and
h.
Any other violation or group of violations which the control authority determines will adversely affect the operation or implementation of the pretreatment program, except when the department is acting as the control authority.
(48)
Significant industrial user means, except as provided in c. below, the following:
a.
All industrial users subject to categorical pretreatment standards under Rule 62-625.410, F.A.C. and 40 CFR Chapter I, Subchapter N which has been adopted by referenced in Chapter 62-660, F.A.C.; and
b.
Any other industrial user that discharges an average of twenty-five thousand (25,000) gallons per day or more of process wastewater to the WWF (excluding domestic wastewater, noncontact cooling and boiler blowdown wastewater); contributes a process waste stream which makes up five (5) per cent or more of the average dry weather hydraulic or organic capacity of the treatment plant; or is designed as such by the control authority on the basis that the industrial user has a reasonable potential for adversely affecting the WWF's operation or for violating any pretreatment standard or requirement in accordance with Rule 62-625.500(2)(e), F.A.C.,
c.
Upon a finding that an industrial user meeting the criteria in subsection (48)b. above has no reasonable potential for adversely affecting the WWF's operation or for violating any pretreatment standard or requirement, the control authority may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with Rule 62-625.500(2)(e), F.A.C., determine that such industrial user is not a significant industrial user.
(49)
Slug or slug loading. Any pollutant (including conventional pollutants) released in a discharge at a flow rate, level or concentration which may reasonably be expected to cause interference with the operation of the treatment works. Discharges may be of a non-routine, episodic nature, including but not limited to, an accidental spill or a non-customary batch discharge.
(50)
Spill containment plan. A detailed plan showing facilities and operating procedures to provide protection from accidental discharge.
(51)
State. State of Florida.
(52)
Standard industrial classifications (SIC). A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, - Office of Management and Budget, 1972.
(53)
Stormwater. Any flow occurring during or following any form of natural precipitation and resulting therefrom.
(54)
Suspended solids. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.
(55)
Total toxic organics (TTO). The summation of all quantifiable values, greater than one one-hundredth (0.01) mg/l, of toxic organic substances identified by the EPA for electroplating point source categories listed in 40 CFR 413.02(i) and for metal finishing subcategories listed in 40 CFR 433.11(e), including any categories or subcategories listed in Chapter 62-625, F.A.C.
(56)
Toxic pollutant. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the EPA under the provision of CWA 307(a) or other Acts, including Chapter 62-625, F.A.C.
(57)
Unregulated wastestream. For purposes of the combined wastestream formula, a wastestream that is not regulated by a national categorical pretreatment standard and is not considered a dilute wastestream.
(58)
User. Any person who contributes, causes or permits the contribution of wastewater into the city's WWTP.
(59)
Violation. Any incident or condition which fails to comply with requirements stated in the user's IWDP, which fails to comply with pretreatment requirements, or which fails to comply with the terms of this article.
(60)
Wastewater. The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any solids and other pollutants which may be present, whether treated or untreated, which is contributed into or permitted to enter the WWTP.
(61)
Wastewater treatment plant (WWTP). A treatment works as defined by section 212 of the Act, (33 U.S.C. 1292) which is owned in this instance by the city. This definition includes any sewers that convey wastewater to the WWTP treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purpose of this article, WWTP shall also include any sewers that convey wastewaters to the WWTP from persons outside the city who are, by contract or agreement with the city, users of the city's WWTP.
(62)
Waters of the state. All stream, lakes, ponds, marshes, watercourses, waterways, walls, springs, reservoirs, aquifers, irrigation system, drainage system, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.
(63)
Wastewater discharge permit. As set forth in section 19-34(b) of this article.
(c)
Abbreviations. The following shall have the designated meanings.
BOD — Biochemical oxygen demand CFR — Code of Federal Regulations COD — Chemical oxygen demand CWA — Clean Water Act CWF — Combined wastestream formula DoH — Florida Department of Health, Laboratory Services Division EPA — Environmental Protection Agency F.A.C. — Florida Administrative Code FDEP — Florida Department of Environmental Protection IWDP — Industrial wastewater discharge permit L — Liter mg — Milligram mg/L — Milligram per liter NPDES — National Pollutant Discharge Elimination System RCRA — Resource Conservation and Recovery Act, 42 U.S.C. 6901, et seq. SIC — Standard industrial classification SIU — Significant industrial user SNC — Significant noncompliance SWDA — Solid Waste Disposal Act, 42 U.S.C. 6901 et seq. TSS — Total suspended solids TTO — Total toxic organics USC — United States Code WWTP — Wastewater Treatment Plant
(Ord. No. 1370, § 1(19-8), 11-6-2003)