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Subdivision G. Waste Discharge Permits
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)
(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
(a) There is imposed upon the owners or upon the users of each retail and wholesale customer served by the sewer system, a monthly user charge for the use thereof as follows:
(1) Sewer rates. A charge for waste resulting from human occupancy which shall include all of the following factors for the operation of the collection system and treatment of wastewater by the regional wastewater facility:
a. Operation and maintenance;
b. Debt service;
c. Capital costs;
d. System expansion;
e. Others as applicable
Consult the Water/Sewer Billing Department for the prevailing rates expressed as $/l,000 gallons of water consumption.
(2) Sewer surcharge. A surcharge for waste in excess of the parameters for strength established in the industrial and commercial waste ordinance, and set forth in Section 26-162(b) which may be assessed to applicable customers.
(b) Wholesale sewer rates.
(1) This section is applicable to those wholesale customers which maintain their own wastewater collection systems. They shall be charged a flat rate per 1,000 gallons, the quantity of which shall be determined by the metering of the wastewater discharge from each wholesale customer's individual wastewater collection system.
(2) The metering device shall be satisfactory to the city and shall provide for a separate remote 30-day recording device which shall have a totalizer. Location of the metering device shall be at an accessible location as agreed upon by the parties involved and as further explained and stipulated in an agreement to be executed by both parties.
(3) All costs incident to the furnishing, installation, initial calibration, and maintenance on a continuing basis of the meter, are and shall be, the wholesale customer's responsibility. The wholesale customer will provide to the city or its designated representative full details on the proposed meter installation and assurance that the installation will commence only upon the written authorization of the city. The city shall provide an authorization within ten (10) days after receipt by the city of the details of the above proposed meter installation.
(4) The meter shall be read monthly by a duly authorized agent of the city, and the wholesale customer shall provide access to the meter for this purpose. In the event of suspected inaccuracy in meter readings, the city shall have the right to request that the meter be tested by an independent organization in accordance with standard practices. If the meter shall be found inaccurate or defective, the cost of the meter test shall be borne by the wholesale customer. If the meter shall be found to be accurate and in good condition, the cost of the meter test shall be borne by the city.
(5) In the event of extenuating circumstances, the Commission may, at its discretion, direct that sufficient proof other than the installation of a metering device may be acceptable to determine the quantity of wastewater discharge.
(c) Calculation of sewer surcharge.
(1) Calculation of the sewer surcharge shall be in accordance with the following:
Parameter | Percent of Effect on Costs | Allowable Level of Sewage Strength |
BOD-5 | 41
| 400 mg/l (ppm)
|
TSS
| 15
| 400 “ ”
|
COD
| 41
| 800 “ ”
|
Let:
F = F1 + F2
Where:
F = The factor to multiply the sewer rate for a surcharge due to excess strengths.
F1 = The strength factor for BOD-5 or COD, whichever is higher.
F2 = The strength factor for TSS (total suspended solids)
(2) The surcharge will be added to the sewer rate to develop the monthly cost per customer. As an example of sewer charge calculations utilizing sewer rate and the strength surcharge formula, assume the following with respect to Ajax Manufacturing Company: total monthly flow of 100,000 gallons; COD of 900 mg/l; BOD5 of 500 milligrams per liter; total suspended solids of 900 milligrams per liter; Prevailing monthly sewer rate is $1.52 per 1,000 gallons.
i. Sewer rate:
$1.52/1000 gallons (100,000 gallons/month) = $152/month
ii. Sewer surcharge calculation:
F1 = 0.41 (900-800) = 0.051
800
F2 = 0.15 (900-400) = 0.188
400
F = 0.051 + 0.188 = 0.239
iii. Total monthly charge (sewer rate plus surcharge):
$152/month + $152/month( 0.239) = $ 188.33
(Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99; Ord. 10-002, § 2, 1-19-10; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
(a) A surcharge shall be applied over and above the standard sewer use fee when the wastes from any lot or parcel of land, upon which there is located any building or activity, contain B.O.D., C.O.D., ammonia, or suspended solids concentration higher than defined herein.
(b) The surcharge in dollars shall be computed by the formulas included in this subchapter established for the user charge and industrial cost recovery system. Computation of surcharges will be based on effluent analyses at a frequency determined by the user's water consumption as follows:
(1) Monthly effluent analyses for water usages at more than 100,000 gallons per month.
(2) Semi annual effluent analyses for water consumption less than 100,000 gallons per month.
Surcharges will remain in effect until a new effluent analysis is required or changed based on interim analyses by the user using a Certified Water Testing Laboratory at the user's expense.
Sewer surcharges will constitute a new line item on the prevailing water/sewer bill prepared monthly per user of the system and subject to prevailing regulations/penalties for late or nonpayments. Reimbursements of surcharge related monitoring expenses initiated by the City of Boynton Beach are required.
(c) Nothing in this chapter shall restrict the city from making additional adjustments in rates if it is found that the nature or quantity of the waste creates an additional burden on the system or if those adjustments are necessary to comply with regulations of the State Department of Environmental Protection or the United States Environmental Protection Agency.
(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)
(a) At the discretion of the Director of the Public Utilities System, there is imposed upon all users of each industrially and commercially classified property served by the sewer system an annual cost recovery assessment.
(b) The annual cost recovery is as follows:
(1) SIU Industrial Permit Fee—$500 plus monitoring costs.
(2) Commercial/Industrial User Fee—$50 plus monitoring costs.
Permit fees, commercial/industrial user fees and related monitoring costs reimbursements must be paid within 30 days of permit issuance or receipt of monitoring cost recovery notice.
Commercial/industrial user fees will be billed as a new line item on the prevailing water/sewer bill prorated over a period of 12 months, but billed monthly; a monthly payment of $4.17 will be added to the prevailing water/sewer bill.
(c) SIU industrial permit fees and commercial/industrial user fees shall be prorated for existing permit holders and users upon enactment of this division.
(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)
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