§ 19-34. Administration.
(a)
Wastewater dischargers. It shall be unlawful to discharge without a city permit to any natural outlet within the City of Cocoa Beach, or in any area under the jurisdiction of said city, and/or to the WWTP any wastewater except as authorized by the director of utilities in accordance with the provisions of this article.
(b)
Wastewater discharge permits.
(1)
General permits. All significant users proposing to connect to or to contribute to WWTP shall obtain a wastewater discharge permit before connecting to or contributing to the WWTP. All existing significant users connected to or contributing to the WWTP shall obtain a wastewater discharge permit within one hundred eighty (180) days after the effective date of this article.
(2)
Permit application. Users required to obtain a wastewater discharge permit shall complete and file with the city, an application in the form prescribed by the city, and accompanied by a fee as prescribed by the city. Any user notified by the city as having been designated a significant user pursuant to the conditions in section 19-31(b)(48) shall, within thirty (30) days of said notification, apply for a wastewater discharge permit. Proposed new users shall apply at least ninety (90) days prior to connecting to, or contributing to the WWTP. In support of the application, the user shall submit, in units and term appropriate for evaluation, the following information:
a.
Name, address and location (if different from the address);
b.
SIC number according to the Standard Industrial Classification Manual. Bureau of the Budget, 1972, as amended;
c.
Wastewater constituents and characteristics including but not limited to those mentioned in section 19-32 of this article as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to section 304(g) of the Act and contained in 40 CFR, Part 136, as amended;
d.
Time and duration of contribution;
e.
Average daily and thirty-minute peak wastewater flow rates, including daily, monthly, and seasonal variations if any;
f.
Site plans, floor plans, mechanical, and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation;
g.
Description of activities, facilities and plan processes on the premises including all materials which are or could be discharged, together with plans for facilities to prevent accidental discharge of prohibited materials as specified by section 19-32(j) of this article;
h.
Where known, the nature and concentration of any pollutants in the discharge which are limited by city, state, or federal pretreatment standards, and a statement regarding whether or not the 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 for the user to meet applicable pretreatment standards;
i.
If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule defined by conditions 1 through 3, by which the user will provide such additional pretreatment will be followed. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard;
The following conditions shall apply to this schedule:
1.
The schedule shall contain increments of progress 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 (e.g., hiring an engineer, completing preliminary plans, executing contract for major components, commencing construction, completing construction, etc.).
2.
No increment referred to in paragraph 1. shall exceed nine (9) months.
3.
Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the director of utilities including, as a minimum, whether or not it complied with the increment of progress, to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine (9) months elapse between such progress reports to the director of utilities.
j.
Each product produced by type, amount, process or processes and rate of production;
k.
Type and amount of raw materials processed (average and maximum per day);
l.
Number and type of employees, and hours of operation of plant and process or actual hours of operation of pretreatment system;
m.
Development and implementation of spill control plans or special conditions including additional management practices necessary to adequately prevent accidental, unanticipated or routine discharges;
n.
Installation of pretreatment technology or construction of appropriate containment devices, etc., designed to reduce, eliminate or prevent the introduction of pollutants into the WWTP;
o.
A list of any environmental control permits held by or for the facility;
p.
A statement in a form acceptable to the city and signed by an authorized representative of the user certifying that the application and all attachments were prepared under the direction or supervision of the authorized representative, that the information submitted is true, accurate and complete, and that there are penalties for submitting false information;
q.
Any other information as may be deemed by the city to be necessary to evaluate the permit application.
The city will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the city may issue a wastewater discharge permit subject to terms and conditions provided herein.
(3)
Permit modifications. Within nine (9) months of the promulgation of a national categorical pretreatment standard, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standards within the time frame prescribed by such standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater discharge permit as required by section 19-34(b)(2), the user shall apply for a wastewater discharge permit within one hundred eighty (180) days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater discharge permit shall submit to the director of utilities within one hundred eighty (180) days after the promulgation of an applicable federal categorical pretreatment standard the information required by paragraphs h. and i. of section 19-34(b)(2).
(4)
Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the city. Permits may contain the following:
a.
The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;
b.
Limits on the average and maximum wastewater constituents and characteristics;
c.
Limits on average and maximum rate and time of discharge or requirements for the flow regulations and equalization;
d.
Requirements for installation and maintenance of inspection and sampling facilities;
e.
Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;
f.
Compliance schedules;
g.
Requirements for submission of technical reports or discharge reports (see section 19-34(c));
h.
Requirements for maintaining and retaining records relating to wastewater discharge for a minimum of three (3) years as specified by the city, aid affording city access thereto;
i.
Requirements for notification to the city of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;
j.
Requirements for notification of slug discharges as per section 19-32(i);
k.
Authorization for the director or his designee to carry out all inspection, surveillance and monitoring procedures necessary to determine, independent of information supplied by industrial users, compliance or noncompliance with applicable pretreatment standards and requirements by industrial users. Representatives of the control authority shall be authorized to enter any premises of any industrial user in which a discharge source or treatment system is located, or in which records are required to be kept under Rule 62-625.600 (14), F.A.C., to assure compliance with pretreatment standards. Such authority shall be at least as extensive as the authority provided under F.S. § 403.091.
l.
Provisions for compliance with the confidentiality requirements set forth in Rule 62-625.800, F.A.C.
m.
A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements.
n.
Other conditions as deemed appropriate by the city to ensure compliance with this article.
(5)
Permits duration. Permits shall be issued for a specific time period, not to exceed five (5) years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit re-issuance a minimum of one hundred eighty (180) days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements as identified in section 19-32 are modified or other just cause exists. The user shall, be informed of any proposed changes in his permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(6)
Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the city. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.
(7)
Permit appeals. User may appeal to the director of utilities the need of or condition of wastewater discharge permit. The director has sole discretion of granting or denying an appeal.
(c)
Reporting requirements for permittee.
(1)
Compliance date report. Within ninety (90) days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the WWTP, any user subject to pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the WWTP, any user subject to pretreatment standards and requirements shall submit to the director of utilities a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis, and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user, and certified to by a qualified professional.
(2)
Periodic compliance reports.
a.
Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or in the case of a new source, after commencement of the discharge into the WWTP, shall submit to the director of utilities during the months of June and December, unless required more frequently in the pretreatment standard by the director of utilities, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in section 19-34(b)(4). At the discretion of the director of utilities and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the director of utilities may agree to alter the months during which the above reports are to be submitted.
b.
The director of utilities may impose mass limitations on users, which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by subparagraph (a) of this paragraph shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the director of utilities, of pollutants contained therein, which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. AU analysis shall be performed in accordance with procedure established by the EPA pursuant to section 304(g) of the Act and contained in 40 CFR, Part 136, Chapter 62-625, F.A.C. amendments thereto, or with any other test procedures approved by the EPA. Sampling shall be performed in accordance with the techniques approved by the EPA.
(Comment: Where 40 CFR, Part 136, does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April, 1977, and amendments thereto, or with any other sampling and analytical procedure approved by the EPA.)
(3)
Baseline report. Reporting requirements for industrial users upon the effective date of categorical pretreatment standards is the baseline report.
a.
Existing users. Within one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or one hundred eighty (180) days after the final administrative decision made upon a category determination request under Rule 62-625.410(2)(d), F.A.C., whichever is later, existing industrial users subject to such categorical pretreatment standards and currently discharging, or scheduled to discharge to a WWTP, shall submit to the control authority a report which contains the information listed in subsections (c)(3)b.1. through 7. of this section. Where reports containing this information have already been submitted to the control authority in compliance with the requirement of Rules 62-625.410(2)(b) and (c), F.A.C., the industrial user shall not be required to submit this information again.
b.
New users. At least ninety (90) days prior to commencement of discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical pretreatment standard, shall submit to the control authority a report which contains the information listed in a. through e. below. New sources shall include in this report information on the method of pretreatment they intend to use to meet applicable pretreatment standards. New sources shall give estimates of the information requested in subsections (c)(3)b.4. and (c)(3)b.5. of this section.
1.
Identifying information. The industrial user shall submit the name and address of the facility, including the name of the operator and owners.
2.
Permits. The industrial user shall submit a list of any pollution control permits held by or for the facility.
3.
Description of operations. The industrial user shall submit a brief description of the nature, average rate of production, and SIC codes of the operations carried out by such industrial user. This description shall include a schematic process diagram that indicates points of discharge to the WWTP from the regulated processes.
4.
Flow measurement. The industrial user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the WWTP from each of the following:
i.
Regulated process streams; and
ii.
Other streams as necessary to allow use of the combined waste stream formula of Rule 62.625.410(6), F.A.C., or the flow weighted average formula. The control authority shall allow for verifiable estimates of these flows where justified by cost or feasibility considerations.
5.
Measurement of pollutants.
i.
The industrial user shall identify the pretreatment standards applicable to each regulated process.
ii.
In addition, the industrial user shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by the pretreatment standard or control authority) of regulated pollutants in the discharge from each regulated process. All laboratory and analytical reports shall comply with Rule 62-625.600(1)(e)(6), F.A.C. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations.
iii.
Grab samples shall be used for any tests to measure pH, cyanide, total phenols, oil and grease, sulfide, volatile organics, temperature, dissolved oxygen, chlorine residual, un-ionized ammonia, microbiology, specific conductance, and dissolved constituents (e.g., ortho phosphate, etc.). For all other pollutants, twenty-four-hour composite samples shall be obtained through flow-proportional composite sampling techniques where feasible. The control authority shall waive flow-proportional composite sampling for any industrial user that demonstrates that flow-proportional sampling is technically infeasible. In such cases, samples shall be obtained through time-proportional composite sampling techniques or through a minimum of four (4) grab samples where the industrial user demonstrates that this will provide a representative sample of the effluent being discharged.
iv.
The industrial user shall take a minimum of one (1) representative sample to compile the data necessary to comply with these requirements.
v.
Samples shall be taken immediately downstream from pretreatment facilities, if such exist, or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the industrial user shall measure the flows and concentrations necessary to allow use of the combined waste stream formula Rule 62-625.410(6), F.A.C., in order to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit is required in accordance with Rule 62-625.410(6), F.A.C., this adjusted limit, along with supporting data, shall be submitted to the control authority.
vi.
All activities related to sampling and analysis shall comply with Chapter 62-610, F.A.C., and shall be conducted under the requirements of Rule 62-160.300(4), F.A.C., for Category 2A. Sampling activities and laboratory analysis shall be performed according to procedures specified by FDEP, EPA or DoH.
vii.
The industrial user may submit a baseline report utilizing only historical data, so long as the data provides information sufficient to determine the need for industrial pretreatment measures.
viii.
The baseline report shall indicate the time, date and place of sampling, methods of analysis, and test results for each component, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the WWTP.
6.
Certification. The industrial user shall submit a statement, reviewed by an authorized representative of the industrial user, indicating whether pretreatment standards are being met on a consistent basis, and if not, whether additional operation and maintenance or additional pretreatment is required for the industrial user to meet the pretreatment standards and requirements.
7.
Compliance schedule. If additional pretreatment or operation and maintenance will be required to meet the pretreatment standards, the industrial user shall provide such additional pretreatment or operation and maintenance as specified in a compliance schedule. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.
i.
Where the industrial user's categorical pretreatment standard has been modified by the control authority using methods approved in Chapter 62-625, F.A.C. at the time the industrial user submits the report required by this subsection, the certification statement and compliance schedule shall pertain to the modified limits.
ii.
If the categorical pretreatment standard is modified as described above after the industrial user submits the report required by this subsection, any necessary amendment to the certification statement and compliance schedule shall be submitted by the industrial user to the control authority within sixty (60) days after the modified limit is approved.
(4)
Compliance schedule for meeting categorical pretreatment standards. The following conditions shall apply to the compliance schedule required by subsection (c)(3)b.7. of this section:
a.
The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the operation of additional pretreatment required for the industrial user to meet the applicable categorical pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction).
b.
No increment referred to in subsection (c)(4)a. of this section shall exceed nine (9) months.
c.
Within fourteen (14) days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the control authority including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine (9) months elapse between such progress reports to the control authority.
(5)
Report on compliance with categorical pretreatment standard deadline. Within ninety (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 WWTP, any industrial user subject to pretreatment standards and requirements shall submit to the control authority a report containing the information described in subsections (c)(3)b.4. through (c)(3)b.5. of this section. For industrial users subject to equivalent mass or concentration limits established by the control authority in accordance with the procedures specified by Rule 62-625.410(4), F.A.C., this report shall contain a reasonable measure of the industrial user's long-term production rate. For all other industrial 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 industrial user's actual production during the appropriate sampling period.
(6)
Periodic reports on continued compliance.
a.
Any industrial user subject to a categorical pretreatment standard, after the compliance date of such pretreatment standard, or in the case of a new source, after commencement of the discharge into the WWTP, shall submit to the control authority as specified in the permit, a report indicating the nature and concentration of pollutants in the effluent which are limited by such categorical pretreatment standards. In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period for the discharge reported in the subsection (c)(3)b.4. of this section, expect that the control authority shall require more detailed reporting of flows if necessary to comply with the requirements of this rule.
b.
Where the control authority has imposed mass limitations on industrial users as provided for by Rule 62-625.410(5), F.A.C., the report required by subsection (c)(6)a. of this section shall indicate the mass of pollutants regulated by pretreatment standards in the discharge from the industrial user.
c.
For industrial users subject to equivalent mass or concentration limits established by the control authority in accordance with the procedures in Rule 62-625.410(4), F.A.C., the report required by subsection (c)(6)a. of this section shall indicate the mass of pollutants regulated by pretreatment standards in the discharge from the industrial user.
(7)
Notice of potential problems, including slug discharges. All categorical and significant noncategorical industrial users shall notify the control authority and WWTP immediately of all discharges that could cause problems to the WWTP, including any slug discharges and prohibited discharges, as specified by Rule 62-625.400(2), F.A.C.
(8)
Monitoring and analysis to demonstrate continued compliance.
a.
The reports required in subsections (c)(3), (5) and (6) of this section shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the control authority, of pollutants contained therein which are limited by the applicable pretreatment standards. This sampling and analysis may be performed by the control authority in lieu of the industrial user. Where the control authority performs the required sampling and analysis in lieu of the industrial user, the industrial user shall not be required to submit the compliance certification required under subsections (c)(3)b.5. and (c)(4) of this section. In addition, where the control authority itself collects all the information required for the report, including flow data, the industrial user shall not be required to submit the report. All laboratory analytical reports prepared by the industrial user or the control authority shall comply with Rule 62-160.670, F.A.C.
b.
If sampling performed by an industrial user indicates a violation, the industrial user shall notify the control authority within twenty-four (24) hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the control authority within thirty (30) days after becoming aware of the violation. The industrial user is not required to resample if:
1.
The control authority performs sampling at the industrial user at a frequency of at least once per month; or
2.
The control authority performs sampling at the industrial user between the time when the industrial user performs its initial sampling and the time when the industrial user receives the results of the sampling.
c.
The reports required in subsection (c)(5) of this section shall be based upon data obtained through sampling and analysis performed during the period covered by the report. This data shall be representative of conditions occurring during the reporting period. The control authority shall require frequency of monitoring necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements.
d.
All activities related to sampling and analysis shall be subject to the same requirements as specified by subsection (c)(3)b.5. of this section.
e.
If an industrial user subject to the reporting requirement in subsection (c)(5) of this section monitors any pollutant more frequently than required by the control authority, using the procedures required by subsection (c)(3)b.5. of this section, the results of this monitoring shall be included in the report.
(9)
Reporting requirements for industrial users not subject to categorical pretreatment standards.
a.
The control authority shall require appropriate reporting from those industrial users with discharges that are not subject to categorical pretreatment standards. Significant noncategorical industrial users shall submit to the control authority, a report at the frequency stated in the permit and contain a description of the nature, concentration and flow of the pollutants required to be reported by the control authority.
b.
The reports shall be based on sampling and analysis performed by the user in the period covered by the report, and are subject to the same requirements specified in subsection (c)(3)b.5. of this section.
(10)
Notification of changed discharge. All industrial users shall promptly notify the control authority in advance of any change in the volume or character of pollutants in their discharge that may result in pass through or interference at the WWTP, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under subsection (c)(14) of this section.
(11)
Signatory requirements for industrial user reports. The reports required by subsections (c)(3), (5) and (6) of this section shall include the certification statement as set forth in Rule 62-625.410(2)(b)2, F.A.C., and shall be signed by an authorized representative of the industrial user.
(12)
Provisions governing fraud and false statements. Any person, including a responsible corporate officer, submitting or maintaining reports and other documents required under this section shall be subject to the civil and criminal penalties of F.S. § 403.161, for any falsification described in that section.
(13)
Record-keeping requirements.
a.
Any industrial user and control authority subject to the reporting requirements established in this section shall maintain records of all information resulting from any monitoring activities required by this section. All sampling and analysis activities shall be subject to the record-keeping requirements specified in Rule 62-160.600, F.A.C.
b.
Any industrial user or control authority subject to the reporting requirements established in this section shall be required to retain for a minimum of three (3) years any records of monitoring activities and results (whether or not such monitoring activities are required by this section) and shall make such records available for inspection and copying by the control authority. This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or control authority.
(14)
Provisions governing hazardous waste.
a.
The industrial user shall notify the control authority and the FDEP hazardous waste and pretreatment authorities in writing of any discharge into the WWTP of a substance, which, if otherwise disposed of, would be hazardous waste under Chapter 62-730, F.A.C. Such notification shall include the name of the hazardous waste, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the industrial user discharges more than one hundred (100) kilograms (one hundred (100) kg/L) of such waste per calendar month to the WWTP, the notification shall also contain information (to the extent such information is known and readily available to the industrial user) identifying the hazardous constituents in the waste stream discharged during that calendar month, and estimating the mass of constituents in the waste stream expected to be discharged during the following twelve (12) months. Industrial users who commence discharging after the effective date of this article shall provide the notification no later than one hundred eighty (180) days after discharge of the listed or characteristic hazardous waste. Any notification under this subsection shall be submitted only once for each hazardous waste discharged. However, notifications of changed discharges shall be submitted under subsection (c)(10) of this section. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of subsections (c), (e) and (f) of this section.
b.
Industrial users shall be exempt from the requirements of subsection (c)(14)a. of this section during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in Chapter 62-730, F.A.C. Discharge of more than fifteen (15) kilograms of non-acute hazardous wastes as specified in Chapter 62-730, F.A.C., requires a one-time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.
c.
In the case of any new FDEP regulations identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user shall notify the control authority and the department's hazardous waste and pretreatment authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.
d.
In the case of any notification made under this subsection, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated.
(d)
Monitoring facilities. The user shall provide and operate at the user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems by the city and FDEP. The monitoring facility should normally be situated on the user's premises, but the city may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that landscaping or parked vehicles will not obstruct it.
There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the city's requirements and all applicable local construction standards and specifications. Construction shall be completed within ninety (90) days following written notification by the city.
(e)
Inspection and sampling. The city shall inspect the facilities of any user to ascertain whether the purpose of this article is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city or its representatives speedy access at all reasonable times to all parts of the premises for the purpose of inspection, sampling, records examination and reproduction or in the performance of any of their duties. The city and FDEP shall have the right to set up on the user's property, such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force that would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel, from the city and FDEP will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected, monitored, metered and/or sampled shall be promptly removed by the user at the written or verbal request of the city and shall not be replaced. The costs of clearing such access shall be borne by the user. The provisions of F.S. §§ 933.20 through 933.30, inclusive, relating to inspection warrants, are hereby adopted by reference in this article. This sampling and analysis may be performed by the control authority in lieu of the industrial user. Where the WWTP performs the required sampling and analysis in lieu of the industrial user, the user will not be required to submit the compliance certification required under the provisions of 40 CFR 403.12(b)(6) and 403.12(d). In addition, where the WWTP itself collects all the information required for the report, including flow data, the industrial user will not be required to submit the report. If sampling performed by an industrial user indicates a violation, the user shall notify the control authority within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the control authority within thirty (30) days after becoming aware of the violation, except the industrial user is not required to resample if:
(1)
The control authority performs sampling at the industrial user facility at a frequency of at least once per month; or
(2)
The control authority performs sampling at the user facility between the time when the user performs sampling and the time when the user receives the results of this sampling.
(f)
Pretreatment. Users shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city prior to the user's initiation of the changes.
The city shall annually publish in a newspaper of general circulation within the city a list of the users that were not in compliance with any pretreatment requirements or standards at least once during the twelve (12) previous months. The notification shall also summarize any enforcement actions taken against the user(s) during the same twelve (12) months.
All records relating to compliance with pretreatment standards shall be made available to officials of the EPA upon request.
(g)
Right of refusal. The city hereby reserves the right to refuse waste from any lot or parcel of land upon which there is located any institutional, commercial or industrial plants, building or premises which does not comply fully with this section, or that does not utilize city water, or that does not supply proper metering of its waste, or that is not within the city limits.
(h)
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 city'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 city, 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. 1370, § 1(19-11), 11-6-2003; Ord. No. 1509, § 1, 5-6-2010)