(A) Definitions. For the purposes of this section the following words and phrases shall be as defined found in § 200.02 herein.
(B) All owners and operators of dental facilities that remove or place amalgam fillings shall comply with the following reporting and waste management practices by July 15, 2020.
(1) For existing sources, the One-Time Compliance Report is due no later than October 12, 2020 or no later than 90 days after transfer of ownership.
(2) For new sources, the One-Time Compliance Report is due within 90 days of the start of discharge to the sewer collection system.
(3) No person shall rinse chairside traps, vacuum screens, or amalgam separators equipment in a sink or other connection to the sanitary sewer.
(4) Owners and operators of dental facilities shall ensure that all staff members who handle amalgam waste are trained in the proper handling, management and disposal of mercury-containing material and fixer-containing solutions and shall maintain training records that shall be available for inspection by the superintendent or designee during normal business hours.
(5) Amalgam waste shall be stored and managed in accordance with the instructions of the recycler or hauler of such materials.
(6) Bleach and other chlorine-containing disinfectants shall not be used to disinfect the vacuum line system.
(7) The use of bulk mercury is prohibited. Only pre-capsulated dental amalgam is permitted.
(C) All owners and operators of dental vacuum suction systems, except as set forth in subsections (d) and (e) of this section, shall comply with the following:
(1) An ISO 11143 or ANSI/ADA Standard No. 108 certified amalgam separator or equivalent device shall be installed for each dental vacuum suction system on or before July 14, 2020; provided, however, that all dental facilities that are newly constructed on and after the effective date of this ordinance shall include an installed ISO 11143 or ANSI/ADA Standard No. 108 certified amalgam separator device. The installed device must be ISO 11143 or ANSI/ADA Standard No. 108 certified as capable of removing a minimum of 95% of amalgam. The amalgam separator system shall be certified at flow rates comparable to the flow rate of the actual vacuum suction system operation. Neither the separator device nor the related plumbing shall include an automatic flow bypass. For facilities that require an amalgam separator that exceeds the practical capacity of ISO 11143 test methodology, a non-certified separator will be accepted, provided that smaller units from the same manufacturer and of the same technology are ISO-certified.
(2) Proof of certification and installation records shall be submitted to the Pretreatment Coordinator within 30 days of installation.
(3) Amalgam separators shall be maintained in accordance with manufacturer recommendations. Installation, certification, and maintenance records shall be available for immediate inspection upon request therefor by the Pretreatment Coordinator or designee during normal business hours. Records shall be maintained for a minimum of three years.
(D) Facilities with vacuum suction systems that meet all the following conditions may apply to the Pretreatment Coordinator for an exemption to the requirements of subsection (c) of this section:
(1) The system is a dry vacuum pump system with an air-water separator.
(2) The sedimentation tank is non-bottom draining, with the drain above the anticipated maximum level of accumulated sludge.
(3) Evidence of regular pump outs by a licensed hauler (a minimum of once a year, or more often if either directed by the manufacturer or necessary to keep solids from exiting through the drain) is maintained and open to inspection by the superintendent during normal business hours.
(4) The system has no direct discharge pipe to the sewer on the bottom of the sedimentation tank.
(E) An owner or operator whose facility meets conditions (1) through (4) may apply for this exemption by written letter to the Pretreatment Coordinator. The Pretreatment Coordinator or designee will review the system and, if the exemption is approved, shall provide a written letter of exemption.
(1) An exemption obtained pursuant to this subsection (d) shall expire upon installation of a new vacuum system. Upon expiration of the exemption, the facility shall comply with subsection (c) of this section before commencing further operation.
(2) Dental dischargers that exclusively practice one or more of the following specialties are not subject to the requirements of this section:
(a) Orthodontics;
(b) Periodontics;
(c) Oral and maxillofacial surgery;
(d) Radiology;
(e) Oral pathology or oral medicine;
(f) Prosthodontistry.
(3) Dental mobile units are not subject to any of the rule's requirements, including submission of a one-time compliance report to their control authority.
(F) Dental practices that do not place dental amalgam, and do not remove amalgam except in limited emergency or unplanned, unanticipated circumstances, are exempt from the requirements of this part, provided the dental practice:
(1) Submits the following statement to the City of Palm Bay Pretreatment Coordinator, signed by a responsible corporate officer, general partner, proprietor, or a duly authorized representative by the applicable compliance deadline identified in the City of Palm Bay Ordinance Section § 201.102:
"This facility is a dental discharger subject to this rule and does not place or remove dental amalgam except in limited emergency or unplanned, unanticipated circumstances. I am a responsible corporate officer, a general partner or proprietor (if the facility is a partnership or sole proprietorship), or a duly authorized representative in accordance with the requirements of § 403.12(I) of the above named dental facility, and 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."; and
(2) The dental practice notifies the City of Palm Bay's Pretreatment Coordinator of any changes affecting the applicability of this certification.
(I) Dental dischargers that fail to comply with any of the requirements set forth in this section will be considered significant industrial users, and will be subject to the requirements herein, including the compliance monitoring, reporting requirements, and enforcement remedies identified in §§ 201.100 and 201.281, respectively.
(Ord. 2020-41, passed 7-16-20)