Sec. 26-159. Information and data to be made available.

   (a)   Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs, and from inspections shall be available to the public or other governmental agency in accordance with applicable state statutes or federal law. All reports submitted to the city shall be signed by an authorized representative and contain the certification statement found in Section 26-161(e).

   (b)   Information and data obtained from reports, surveys, permit applications, permits, monitoring requirements, and inspection and sampling activities shall be made available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Director, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable State law. Any such request must be asserted at the time of submission of the information or data.

   (c)   When requested and demonstrated by the user furnishing 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 made available to the public without restriction. A copy of the procedure for handling confidential information will be kept on file at the WWF.

(Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)

Subdivision G. Waste Discharge Permits

Sec. 26-160. Special permit required; term.

   A special permit will be required for each Significant Industrial User, and all other Industrial Users identified as having other than domestic wastes or waste from sanitary conveniences at the discretion of the Utilities Director. The fixed life of a permit is set up to five years from date of issue, and a renewed waste discharge permit will have a fixed life of up to five years. These permits may involve the implementation of a formula for surcharge for wastes which exceed the sewage parameters for strength as set forth in Sections 26-162 through 26-165. Penalties, see Sec. 26-177

   (a)   Wastewater Analysis. When requested by the Director, a user must submit information on the nature and characteristics of its wastewater within sixty (60) days of the request. The Director is authorized to prepare a form for this purpose and may periodically require users to update this information.

   (b)   Wastewater Discharge Permit Requirement.

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

   (2)   The Director may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter.

   (3)   Any violation of the terms and conditions of a waste water discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in Section 26-177. 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)   Wastewater Discharge Permitting: Existing Connections. Any user required to obtain a wastewater discharge permit who was discharging waste water into the WWF prior to the effective date of this ordinance and who wishes to continue such discharges in the future, shall, within thirty (30) days after said date, apply to the Director for a wastewater discharge permit in accordance with Section 26-161, and shall not cause or allow discharges to the WWF to continue after thirty (30) days the effective date of this ordinance except in accordance with a wastewater discharge permit issued by the Director.

   (d)   Wastewater Discharge Permitting: New Connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the WWF must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with Section 26-161, must be filed at least ninety (90) days prior to the date upon which any discharge will begin or recommence.

   (e)   Wastewater Discharge Permit Duration. A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Director. Each wastewater discharge permit will indicate a specific date upon which it will expire.

   (f)   Wastewater Discharge Permit Contents. A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Director to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect against damage to the WWF. Wastewater discharge permits must contain:

   (1)   A statement that indicates wastewater discharge permit duration, which in no event shall exceed (5) five years.

   (2)   A statement that the wastewater discharge permit is nontransferable without prior notification to the City of Boynton Beach in accordance with paragraph (h) of this section, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

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

   (4)   Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law;

   (5)   Process for seeking a waiver for a pollutant neither present nor expected to be present in the discharge in accordance with Rule 62-625.600(4)(b), F.A.C., or a specific waived pollutant in the case of an individual control mechanism;

   (6)   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.

   (7)   Requirements to control slug discharges, if determined by the City to be necessary.

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

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

   (9)   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;

   (10)   Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges;

   (11)   Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the WWF;

   (12)   The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the WWF;

   (13)   Requirements for installation and maintenance of inspection and sampling facilities and equipment;

   (14)   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

   (15)   Other conditions as deemed appropriate by the Director to ensure compliance with the ordinance, and State and Federal laws, rules, and regulations.

   (g)   Wastewater discharge permit modification. The Director 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, process, or wastewater volume or character since the time of wastewater discharge permit issuance;

   (3)   A change in the WWF 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 City of Boynton Beach WWF, City personnel, or the receiving waters;

   (5)   Violation of any terms or conditions of the wastewater discharge permit;

   (6)   Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

   (7)   Revisions of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;

   (8)   To correct typographical or others errors in the wastewater discharge permit; or

   (9)   To reflect a transfer of the facility ownership to a new owner or operator.

   (h)   Wastewater discharge permit transfer. Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least thirty (30) days advance notice to the Director and the Director approves the wastewater discharge permit transfer. The notice to the Director 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 dates 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.

   (i)   Wastewater discharge permit 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 Section 26-161, a minimum of thirty (30) days prior to the expiration of the user's existing wastewater discharge permit.

   (j)   Permit Revocation. The City may revoke an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:

   (1)   A failure to notify the Director of significant changes to the wastewater prior to the changed discharge;

   (2)   Failure to provide prior notification to the Director of changed conditions pursuant to Section 26-157(b);

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

   (4)   Falsifying self-monitoring reports and certification statements;

   (5)   Tampering with monitoring equipment;

   (6)   Refusing to allow the Director, or authorized personnel, 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; or

   (13)   Violation of any Pretreatment Standard or Requirement, or any terms of the wastewater discharge permit or this ordinance.

Individual wastewater discharge permits shall be voidable upon nonuse, cessation of operations or transfer of business ownership. All individual wastewater discharge permits issued to a User are void upon the issuance of a new individual wastewater discharge permit to that User.

(Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)

Sec. 26-161. Application for permits; contents.

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

   (1)   All information required by Section 26-156 and F.A.C. 62-625.600(1);

   (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 WWF;

   (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 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)   Any other information as may be deemed necessary by the Director to evaluate the wastewater discharge permit application. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

   (b)   This application will define all of the pertinent data concerning the acceptance of industrial and commercial waste flows and will provide the basis for the issuing of a permit certificate specifying limitations on what the user may discharge. The Permittee may appeal specific conditions of the permit for a period of 30 calendar days following the date of issuance. After this period, the Permittee waives all right to appeal the conditions of the permit.

   (c)   The initial permit shall be effective for a period of up to five years from date of issuance and must be renewed annually by the applicant in order to continue that waste discharge.

   (d)   An application for an initial permit shall be accompanied by a cashier's check for the first year's fees in the amount of $500 plus the City's monitoring costs as prescribed by 40 CFR 403.

   (1)   Industrial and commercial waste discharge permit form. The form of permit for industrial and commercial wastes shall be as specified by the city. Specific provisions for continued acceptance by the city of the waste shall be attached to and made a part of the permit to discharge. The city may prescribe those items as equalized flow discharge, prechlorination, or additional limitations on waste characteristics not adequately described in this ordinance or may prescribe pretreatment quality, requirements for the waste flow in detail.

   (2)   Renewal of industrial and commercial waste discharge permit. The application for a renewed waste discharge permit shall be of a form specified by the city.

   (e)   Application signatories and certification. All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user, as defined in F.A.C. 62-625.600(1l) 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 knowing violations."

   (f)   Wastewater discharge permit decisions. The Director will evaluate the date furnished by the user and may require additional information. Within thirty (30) days of receipt of a complete wastewater discharge permit application, the Director will determine whether or not to issue a wastewater discharge permit. The Director may deny any application for a wastewater discharge permit.

   (g)   Administration of permits.

   (1)   The administration of the industrial and commercial waste discharge permit program and the application of the surcharge formula imposes additional obligations of the cities.

   (2)   The city, in addition to determining the waste flow volumes and analyzing the waste strengths for development of the surcharge, must also maintain an accurate record of the permit applications, permits, meter installation details, meter calibrations, and shall make available to each establishment the necessary renewal application forms.

(Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)

Subdivision H. User Charge and Industrial Cost Recovery System