Agenda 11/10/2025 Item #16C 1 (Advertise and bring back for a public hearing an Ordinance repealing and replacing Ordinance No. 2012-13, the Collier County Industrial Pretreatment Ordinance)11/10/2025
Item # 16.C.1
ID# 2025-4531
Executive Summary
Recommendation to direct the County Attorney to advertise and bring back for a public hearing an Ordinance repealing
and replacing Ordinance No. 2012-13, the Collier County Industrial Pretreatment Ordinance, to incorporate FDEP-
recommended ordinance revisions to the industrial pretreatment program, required by FDEP permits FLA141399 and
FL0141356.
OBJECTIVE: The public purpose is to provide the industrial pretreatment program enforcement remedies that allow
for efficient operation of the North and South Wastewater Treatment Facilities and the sewer collection system. This
action is to advertise an Ordinance repealing and replacing the existing Collier County Industrial Pretreatment
Ordinance to incorporate new program requirements requested by the Florida Department of Environmental Protection
(FDEP) and update the ordinance organization, fees, and enforcement remedies.
CONSIDERATIONS: On March 27, 2012, the Board of County Commissioners, as the ex officio Governing Board of
the Collier County Water-Sewer District (CCWSD), adopted Ordinance No. 2012-13, the Industrial Pretreatment
Ordinance (Ordinance). The Ordinance regulates the proper and legal use of the sewer system for the disposal of
industrial waste, protecting the environment, public health, and employee health, as well as the sewer collection system
and treatment facilities.
The FDEP has recommended that the CCWSD update the Ordinance to comply with specific requirements of Title 40
Code of Federal Regulations, Part 441 (Dental Office Point Source Category) and the Environmental Protection Agency
(EPA) Final Rule: Management Standards for Hazardous Waste Pharmaceutical and Amendment to the P075 Listing for
Nicotine (Federal Register, Feb. 22, 2019). These recommendations are based on annual inspections and correspondence
provided by FDEP inspectors in accordance with Rule 62-625, Florida Administrative Code (F.A.C.).
Updates to the Ordinance were structured to comply with the requirements and recommendations of the FDEP, utilizing
the F.A.C., the EPA’s Model Pretreatment Ordinance, and the Code of Federal Regulations, as well as applicable permit
requirements. In addition, sections were added or revised to address dental amalgam waste, pharmaceutical waste, and
the Fats, Oils, and Grease program. Furthermore, the ordinance was revised to align with FDEP-recommended
organization. A copy of the FDEP-approved ordinance is also attached as backup to this item.
Staff submitted the proposed Ordinance to FDEP for review on September 25, 2025, and FDEP provided preliminary
approval on October 13, 2025.
Staff is requesting that the Board provide direction to advertise the attached Ordinance.
This item is consistent with the Collier County strategic plan objectives to protect our natural resources and develop
integrated and sustainable plans to protect and manage water resources. This item is aligned with the Annual Update and
Inventory Report (AUIR) and other planning tools that establish and implement plans for availability and adequacy of
public facilities and remain in compliance with all regulatory requirements.
FISCAL IMPACT: There will be no fiscal impact for the Water-Sewer District Operating Fund.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive
Summary nor with the contemplated ordinance amendments.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board
direction. – CLD
RECOMMENDATION(S): Recommendation to direct the County Attorney to advertise and bring back for a public
hearing an Ordinance repealing and replacing Ordinance No. 2012-13, the Collier County Industrial Pretreatment
Ordinance, to incorporate FDEP-recommended ordinance revisions to the industrial pretreatment program, required by
FDEP permits FLA141399 and FL0141356.
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11/10/2025
Item # 16.C.1
ID# 2025-4531
PREPARED BY: Diane DiPascale, Environmental Compliance Manager, Wastewater Division
ATTACHMENTS:
1. Ordinance Repealing and Replacing Industrial Pretreatment Ordinance 9-24-2025
2. Collier County SUO Preliminary Approval
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ORDINANCE NO. 2025-_____
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
REPEALING AND REPLACING ORDINANCE NO. 2003-18,
AS AMENDED, KNOWN AS THE COLLIER COUNTY
INDUSTRIAL PRETREATMENT ORDINANCE; GENERAL
PROVISIONS; GENERAL SEWER USE REQUIREMENTS;
PRETREATMENT OF WASTEWATER; INDIVIDUAL
WASTEWATER DISCHARGE PERMITS AND PERMITS
ISSUANCE; REPORTING REQUIREMENTS;
COMPLIANCE MONITORING; JUDICIAL
ENFORCEMENT REMEDIES; SUPPLEMENTAL
ENFORCEMENT ACTION; AFFIRMATIVE DEFENSES TO
DISCHARGE VIOLATIONS; MISCELLANEOUS
PROVISIONS; APPENDICES FOR RATES, FEES, AND
CHARGES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the original Collier County Water-Sewer District, also known as the County
Water-Sewer District of Collier County, was approved on November 4, 1969, by the voters of Collier
County in accordance with the requirements of Chapter 153, Part II, Florida Statutes; and
WHEREAS, Chapter 88-499, Laws of Florida, a Special Act of the Florida Legislature,
reestablished the District and provides for all rights, duties, powers, jurisdictions, obligations,
responsibilities and interests of both Districts created pursuant to Chapter 153, Part II, Florida
Statutes; and
WHEREAS, on April 23, 2003, the Board adopted Ordinance No. 2003-18, establishing the
Industrial Pretreatment Program which regulates the proper and legal usage of the sewer system for
disposal of industrial waste for the protection of the environment, public and employee health, and
the domestic transmission and conveyance wastewater collection system and treatment facilities; and
WHEREAS, on March 12, 2012, the Board adopted Ordinance No. 2012-13 which amended
Ordinance No. 2003-18, the Collier County Industrial Pretreatment Ordinance, for the purposes stated
therein; and
WHEREAS, the District’s Industrial Pretreatment Program is required to comply with all
applicable State and Federal laws required by the Clean Water Act of 1977 and the General
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Pretreatment Regulations (Chapter 40 of the Code of Federal Regulations, Part 403) as well as
Chapter 62-625 of the Florida Administrative Code; and
WHEREAS, the District wishes to repeal and replace Ordinance No. 2003-18, as amended,
to better conform to the U.S. Environmental Protection Agency’s model language, increase the
penalties for Ordinance violations, and increase rates, fees, and surcharges to reflect current market
rates.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: General Provisions
A. Purpose and Policy
This ordinance sets forth uniform requirements for Users of the Publicly Owned
Treatment Works for the County of Collier and enables Collier County to comply with
all applicable State and Federal laws, including the Clean Water Act (33 United States
Code [U.S.C.] section 1251 et seq.) and the General Pretreatment Regulations (Title 40
of the Code of Federal Regulations [CFR] Part 403). The obj ectives of this ordinance
are:
a. To prevent the introduction of pollutants into the Publicly Owned Treatment
Works that will interfere with its operation;
b. To prevent the introduction of pollutants into the Publicly Owned Treatment
Works that will pass through the Publicly Owned Treatment Works, inadequately
treated, into receiving waters, or otherwise be incompatible with the Publicly
Owned Treatment Works;
c. To protect both Publicly Owned Treatment Works personnel who may be
affected by wastewater and sludge in the course of their employment and the
general public;
d. To promote reuse and recycling of industrial wastewater and sludge from the
Publicly Owned Treatment Works;
e. To provide for fees for the equitable distribution of the cost of operation,
maintenance, and improvement of the Publicly Owned Treatment Works; and
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f. To enable the County to comply with its National Pollutant Discharge
Elimination System permit conditions, sludge use and disposal requirements, and
any other Federal or State laws to which the Publicly Owned Treatment Works
is subject.
This ordinance shall apply to all Users of the Publicly Owned Treatment Works. The
ordinance authorizes the issuance of individual wastewater discharge permits and
general permits; provides for monitoring, compliance, and enforcement activities;
establishes administrative review procedures; requires User reporting; and provides for
the setting of fees for the equitable distribution of costs resulting from the program
established herein.
B. Administration
The following Rules and Regulations apply throughout the geographic areas encompassing Collier
County, including within municipalities, but limited to wastewater dischargers that are then directly
or indirectly provided wastewater service by the District. To the extent, if any, that this Ordinance
conflicts with any then applicable building code, plumbing code or other technical code, the most
restrictive provision shall apply. Except as otherwise provided herein, the Wastewater Director shall
administer, implement, and enforce the provisions of this ordinance. Any powers granted to or
duties imposed upon the Director may be delegated by the Director to a duly authorized County
employee.
C. Abbreviations
The following abbreviations, when used in this ordinance, shall have the designated meanings:
BOD – Biochemical Oxygen Demand
BMP – Best Management Practice
BMR – Baseline Monitoring Report
CFR – Code of Federal Regulations
CIU – Categorical Industrial User
COD – Chemical Oxygen Demand
EPA – U.S. Environmental Protection Agency
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F.A.C. – Florida Administrative Code
FDEP – Florida Department of Environmental Protection
FOG – Fats, Oil and Grease
FS – Florida Statutes
gpd – gallons per day
IU – Industrial User
mg/l – milligrams per liter
NPDES – National Pollutant Discharge Elimination System
NSCIU – Non-Significant Categorical Industrial User
POTW – Publicly Owned Treatment Works
RCRA – Resource Conservation and Recovery Act
SIC – Standard Industrial Classification
SIU – Significant Industrial User
SNC – Significant Noncompliance
TKN – Total Kjeldahl Nitrogen
TRC – Technical Review Criteria
TSS – Total Suspended Solids
U.S.C. – United States Code
WWF – Wastewater Facility
ZDIU – Zero Discharge Industrial User
D. Definitions
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this
ordinance, shall have the meanings hereinafter designated.
"Act" or "the Act" shall mean the Federal Water Pollution Control Act, also known as
the Clean Water Act, as amended, 33 U.S.C. §1251 et seq.
"Administrator" shall mean the administrator of the U.S. Environmental Protection
Agency or his duly authorized representative.
“Approval Authority” shall mean the Florida Department of Environmental Protection.
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"Authorized or Duly Authorized Representative of the User " shall mean:
A. If the user is a corporation:
1. The president, secretary, treasurer, or a vice -president of the
corporation in charge of a principal business function, or any other
person who performs similar policy or decision -making functions
for the corporation; or
2. The manager of one or more manufacturing, production, or
operating facilities, provided the manager is authorized to make
management decisions that govern the operation of the regulated
facility including having the explicit or implicit duty of making
major capital investment recommendations, and initiate and direct
other comprehensive measures to assure long -term environmental
compliance with environmental laws and regulations; can ensure
that the necessary systems are established or actions taken to
gather complete and accurate information for wastewater
discharge permit requirements; and where authority to sign
documents has been assigned or delegated to the manager in
accordance with corporate procedures.
B. If the user is a partnership or sole proprietorship: a general partner or
proprietor, respectively.
C. If the user is a Federal, State, or local governmental facility: a director
or highest official appointed or designated to oversee the operation and
performance of the activities of the government facility, or their
designee.
D. The individuals described in paragraphs A. or B. above, may designate
a Duly Authorized Representative if the authorization is in writing, the
authorization specifies the individual or position responsible for the
overall operation of the facility from which the discharge originates or
having overall responsibility for environmental matters for the
company, and the written authorization is submitted to Collier County.
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"Best Management Practices " or "BMPs" shall mean schedules of activities, prohibitions
of practices, maintenance procedures, and other management practices. BMPs include
treatment requirements, operating procedures, and practices to control plant site runoff,
spillage or leaks, sludge or was te disposal, or drainage from raw materials storage.
"BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen
utilized in the biochemical oxidation of organic matter under standard laboratory
procedure for five (5) days at 20°C, expressed in milligrams per liter.
"Building Drain" shall mean that part of the lowest horizontal piping of a drainage
system which receives the discharge from soil, waste and other drainage pipes inside the
walls of a building and conveys it to the building sewer, beginning five (5) feet (1.5
meters) outside the inner face of the building wall.
"Building Sewer " shall mean the extension from the building drain to the public sewer
or other place of disposal.
"Bypass" shall mean the intentional diversion of waste streams from any portion of a
User's facility.
"Categorical Pretreatment Standard" or "Categorical Standard" or "National
Categorical Standard " shall mean any regulation promulgated by EPA in accordance
with sections 307 (b) and (c) of the Clean Water Act of 1977 that applies to a specific
category of industrial users that appear in 40 CFR Chapter I, Subchapter N, Parts 405 -
471 and provides limitations on the introduction of pollutants into the publicly owned
treatment works.
"Categorical User " shall mean an industrial user subject to categorical pretreatment
standards under Rule 62-625.410, F.A.C., including 40 CFR Chapter I, Subchapter N,
Parts 405 through 471, as of July 1, 2009, hereby adopted and incorporated by reference.
"Chemical Oxygen Demand" (COD) shall mean a measure of oxygen equivalent of to
that portion of the organic matter in a sample that is susceptible to oxidation by a strong
chemical oxidant.
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"Cooling Water" shall mean the water discharged from a building or structure
subsequent to use of that water for purposes connected with air conditioning, cooling,
refrigeration, or for other purposes to which the only pollutant added to that discharged
water is heat.
"Consistent Removal" shall mean the average of the lowest 50 percent of the removal
measured in accordance with subsection 62 -625.420(2), F.A.C.
"Control Authority" or "District" shall mean the Collier County Water -Sewer District
including the Collier County Public Utilities Department and Wastewater Division and
any of its Sub -Districts.
"County" shall mean Collier County, the Board of County Commissioners of Collier
County, Florida, or the duly authorized staff, agent or the representative acting on behalf
of the Board of County Commissioners to supervise and/or manage the operation of the
Publicly Owned Treatment Works, which includes administration of this Ordinance.
"Daily Maximum" shall mean the arithmetic average of all effluent samples for a
pollutant collected during a calendar day.
"Director" shall mean the Wastewater Director.
"Discharge" see definition of "Indirect Discharge".
"Discharge Permit" shall mean a regulatory document issued by the County to Industrial
Users. The purpose of these permits is to control the discharge of pollutants and slug
loads.
"District" or "Control Authority" shall mean the Collier County Water -Sewer District
including the Collier County Public Utilities Department and Wastewater Division and
any of its Sub -Districts.
"Domestic Wastewater " shall mean wastewater discharged into the sanitary sewers in
which the concentration of Total Suspended Solids is not more than 400 mg/l, and BOD
is not more than 350 mg/L, and COD is not more than 375 mg/L, and Total Phosphorous
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is not more than 15 mg/L, and Total Kjeldahl Nitrogen is not more than 50 mg/L; and
total flow is not more than 25,000 gallons per day. Wastewater that exceeds any of these
stated items is thereby not "domestic wastewater".
"Duly Authorized Representative " see definition of "Authorized or Duly Authorized
Representative of the User ".
"Easement" shall mean legal rights for specific uses of land by the grantee of the
easement and/or all beneficiaries of the respective easement. Easements convey an
interest in real property.
"Environmental Protection Agency" or EPA shall mean the United States 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.
"Excess Strength Surcharge " see definition of "Industrial Waste Surcharge ".
"Existing Source" shall mean any source of discharge, the construction or operation of
which commenced prior to the publication by EPA of proposed categorical pretreatment
standards, which will be applicable to such source in the standard is thereafter
promulgated in accordance with section 307 of the Act.
"Garbage" shall mean food wastes from the domestic and commercial preparation,
cooking and dispensing of food, and from the handling, storage and sale of produce with
no particle greater than one-half (½) inch (1.27 centimeters) in any dimension.
"Grab Sample" shall mean a sample which is taken from a wastestream without regard
to the flow in the wastestream and over a period of time not to exceed fifteen (15)
minutes.
"Grease" shall mean any material that is extractable from an acidified sample of a waste
by hexane or other designated solvent and as determined by the appropriate procedure
in Standard Methods for the Examination of Water and Wastewater, American Water
Works Association (Includes Fats and Oils).
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"Grease Interceptor " shall mean a pretreatment device designed and installed to separate
animal fats, oils and other grease from entering the wastewater system.
"Grease Trap" shall mean a pretreatment device designed and installed to separate
animal fats, oils and other grease from entering the wastewater system.
"Hauled Waste" shall mean any water and/or waste, which has been removed and
transported from any pit, sump, holding tank, septic tank, portable toilet, wastewater
treatment facility or industrial facility.
“Hazardous waste pharmaceutical ” shall mean a pharmaceutical that is a solid waste, as
defined in Title 40 of the Code of Federal Regulations (40 CFR) section 261.2, and
exhibits one or more characteristics identified in 40 CFR part 261 subpart C or is listed
in 40 CFR part 261 subpart D.
“Healthcare facility ” means any facility that is lawfully authorized to:
A. Provide preventative, diagnostic, therapeutic, rehabilitative,
maintenance or palliative care, and counseling, service, assessment or
procedure with respect to the physical or mental condition, or functional
status, of a human or animal or that affects the structure or function of
the human or animal body; or
B. Distribute, sell, or dispense pharmaceuticals. This definition includes,
but is not limited to, wholesale distributors, third -party logistics
providers that serve as forward distributors, military medical logistics
facilities, hospitals, psychiatric hospit als, ambulatory surgical centers,
health clinics, physicians’ offices, optical and dental providers,
chiropractors, long-term care facilities, ambulance services,
pharmacies, long -term care pharmacies, mail -order pharmacies,
retailers of pharmaceuticals, v eterinary clinics, and veterinary hospitals.
Healthcare facility does not include pharmaceutical manufacturers.
"Indirect Discharge" or "Discharge" shall mean the discharge or introduction of non -
domestic pollutants from any source into wastewater facilities as regulated under section
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307(b), (c), or (d) of the Clean Water Act of 1977, as now or hereafter amended or
superseded from time to time.
"Industrial Waste Surcharge " or "Excess Strength Surcharge" shall mean the monetary
charge made in excess of the sewer service charge for all wastewater over and above
domestic wastewater.
"Industrial Wastes " shall mean the liquid wastes discharged from industrial
manufacturing processes, trades or businesses that have characteristics exceeding
domestic wastewaters.
"Instantaneous Limit" the maximum concentration of a pollutant allowed to be
discharged at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the duration of the sampling
event.
"Interference" shall mean a discharge which, alone or in conjunction with a discharge
or discharges from other sources, both:
A. Inhibits or disrupts the WWF, its treatment processes or operations, or
its domestic wastewater residuals processes, use or disposal; and
B. Is a cause of a violation of any requirement of the WWF's permit
(including an increase in the magnitude or duration of a violation) or
prevents use or disposal of domestic wastewater residuals in
compliance with local regulations or rules of the Departmen t and F.S.
ch. 403.
"Local Limit " shall mean the specific discharge limits developed and enforced by the
District upon industrial or commercial facilities to implement the general and specific
discharge prohibitions listed in subsections 62 -625.400(1)(a) and (2), F.A.C.
"Manhole" shall mean a hole for which sewer, drains and pipes can be accessed for
maintenance, repairs and sample collection.
"May" is permissive as defined by the District.
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"Medical Waste" shall mean 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.
"National Categorical Standard " see definition of "Categorical Pretreatment
Standard."
"New Source" shall mean:
A. Any building, structure, facility, or installation from which there is (or
may be) a discharge of pollutants, the construction of which
commenced after the publication of proposed 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:
1. The building, structure, facility, or installation is constructed at a
site at which no other source is located; or
2. The building, structure, facility or installation totally replaces the
process or production equipment that causes the discharge of
pollutants at an existing source; or
3. 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.
B. Construction on a site at which an existing source is located results in a
building, structure, facility, or installation meeting the criteria of
subsections A.2 or A.3 above but otherwise alters, replaces, or adds to
existing process or production equipment.
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C. Construction of a new source as defined under this paragraph has
commenced.
1. Begun, or caused to begin, as part of a continuous onsite
construction program.
a. Any placement, assembly, or installation of facilities or
equipment; or
b. Significant site preparation work including cleaning,
excavation, or removal of existing buildings, structures, or
facilities which is necessary for the placement, assembly,
or installation of new source facilities or equipment; or
2. Entered into a binding contractual obligation for the purchase of
facilities or equipment which are intended to be used in its
operation within a reasonable time. Options to purchase or
contracts which can be terminated or modified without substantial
loss, and contracts for feasibility, engineering, and design studies
do not constitute a contractual obligation under this paragraph.
"Noncompliance" shall mean any violation of any part of this Ordinance, local limits,
industrial wastewater discharge permit, or National Categorical Pretreatment Standard.
"Noncontact Cooling Water " shall mean water used for cooling which does not come
into direct contact with any raw material, intermediate product, waste product, or
finished product.
"Oil Separator" shall mean a pretreatment device designed and installed to separate
petroleum-based oil and grease from wastewater.
"Owner" shall mean persons desiring or receiving service or any individual or entity that
holds any title to real estate regarding the building or facility receiving wastewater
service, including any tenant by the entireties, any co -owner, any tenant in common, etc.
“Pass Through” means a discharge which exits the WWF into waters of the State or into
waters used as a drinking water source in quantities or concentrations which, alone or in
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conjunction with a discharge or discharges from other sources, is a cause of a violation
of any requirement of the WWF’s or potable reuse system’s permits (including an
increase in the magnitude or duration of a violation).
"Person" shall mean any individual, firm, partnership, company, government entity,
association, society, corporation, or similar or dissimilar group or entity.
"pH" shall mean a measure of the acidity or alkalinity of a solution, expressed in standard
units.
“Pharmaceutical” means any drug or dietary supplement for use by humans or other
animals; any electronic nicotine delivery system (e.g., electronic cigarette or vaping
pen); or any liquid nicotine (e -liquid) packaged for retail sale for use in electronic
nicotine delivery systems (e.g., pre-filled cartridges or vials). This definition includes,
but is not limited to, dietary supplements, as defined by the Federal Food, Drug and
Cosmetic Act; prescription drugs, as defined by Title 21 of the Code of Federal
Regulations part 203.3(y); over-the-counter drugs; homeopathic drugs; compounded
drugs; investigational new drugs; pharmaceuticals remaining in non -empty containers;
personal protective equipment contaminated with pharmaceuticals; and clean -up
material from spills of pharmaceuticals. Pharmaceutical does not include dental
amalgam or sharps.
"Pollution" shall mean the man -made or man-induced alteration of the chemical,
physical, biological or radiological integrity of water.
"Pollutant" shall mean any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical waste,
biological materials, radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics
of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or
odor).
"Pretreatment or Treatment " shall mean the reduction of the amount of pollutant(s), the
elimination of pollutant(s), or the alteration of the nature of pollutant properties of a
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wastewater to a less harmful degree prior to or in lieu of discharging or otherwise
introducing such pollutant(s) into a County Publicly Owned Treatment Works. The
reduction or alteration may be obtained by physical, chemical or biological processes,
process changes or by other means, except as prohibited by subsection 62 -625.410(5),
F.A.C.
"Pretreatment Requirements " shall mean any substantive or procedural requirement
related to pretreatment other than a Pretreatment Standard imposed on a non -domestic
wastewater discharger.
"Pretreatment Standards or Standards " shall mean prohibited discharge standards,
categorical pretreatment standards, and local limits.
"Prohibited Discharge Standards " or "Prohibited Discharges " shall mean absolute
prohibitions against the discharge of certain substances; these prohibitions appear in
section 2.A of this ordinance.
"Publicly Owned Treatment Works " or "POTW" shall mean a treatment works that is
owned by the District. This definition includes sewers that convey wastewater to the
treatment works, but does not include pipes, sewers or other conveyances not connected
to a facility providing wastewater treatment.
"Public Sewer" shall mean a sewer that is owned by or is controlled by a public authority.
This does not include utilities regulated by the Collier County Water/Wastewater
Authority.
“Reverse distributor ” means any person that receives and accumulates prescription
pharmaceuticals that are potentially creditable hazardous waste pharmaceuticals for the
purpose of facilitating or verifying manufacturer credit. Any person, including forward
distributors, thir d-party logistics providers, and pharmaceutical manufacturers, that
processes prescription pharmaceuticals for the facilitation or verification of
manufacturer credit is considered a reverse distributor.
"Sanitary Sewer" shall mean a sewer that carries sewage and to which storm, surface
waters and ground waters are not intentionally admitted.
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"Sewage" shall mean human excrement and gray water (household showers,
dishwashing operations, etc.).
"Sewage Treatment Plant " shall mean all facilities that treat and/or dispose of sewage.
"Sewer" shall mean a pipe or conduit for carrying sewage.
"Severe Property Damage " shall mean substantial physical damage to property, damage
to the treatment facilities which causes them to become inoperable, or substantial and
permanent loss of natural resources which can reasonably be expected to occur in the
absence of a bypass. Se vere property damage does not mean economic loss caused by
delays in production.
"Significant Industrial User " shall mean:
A. A user subject to categorical pretreatment standards; or
B. A user that:
1. Discharges an average of twenty -five thousand (25,000) gpd or
more of process wastewater to the POTW (excluding sanitary,
noncontact cooling, and boiler blowdown wastewater);
2. Contributes a process wastestream which makes up five (5) percent
or more of the average dry weather hydraulic or organic capacity of
the POTW; or
3. Is designated as such by the County on the basis that the user has a
reasonable potential for adversely affecting the POTW operation or
for violating any pretreatment standard or requirement in
accordance with paragraph 62 -625.500(2)(e), F.A.C.
C. The District acting as the control authority may determine that an
industrial user subject to categorical pretreatment standards under Rule
62-625.410, F.A.C., including 40 CFR Chapter I, Subchapter N, Parts
405 through 471, is a non-significant categorical industrial user
(NSCIU) if the user discharges 100 gallons per day (gpd) or less of total
categorical wastewater (excluding sanitary, non -contact cooling and
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boiler blowdown wastewater, unless specifically included in the
pretreatment standard) and if the following conditions are met:
1. The Industrial User, prior to the Districts finding, has consistently
complied with all applicable categorical Pretreatment Standards and
Requirements;
2. The Industrial User annually submits the certification statement
required in section 6.M.2 of this Ordinance, together with any
additional information necessary to support the certification
statement; and
3. The Industrial User never discharges any untreated categorical
process wastewater to the sewer system.
D. Upon a finding that a user meeting the criteria in paragraph 2. above
has no reasonable potential for adversely affecting the WWF’s
operation or for violating any pretreatment standard or requirement, the
County may at any time, on its own initiative or in response to a petition
received from a user, and in accordance with procedures in paragraph
62-625.500(2)(e), F.A.C., determine that such user should not be
considered a significant industrial user.
"Shall" and "Will" are mandatory as defined by the District.
"Significant Noncompliance " or "SNC" shall mean if an Industrial User's violation meets
one or more of the following criteria:
A. Chronic violations of wastewater discharge limits, defined here as those
in which sixty-six percent or more of all of the measurements taken
during a six-month period exceed (by any magnitude), a numeric
pretreatment standard or requirement, including inst antaneous limits,
B. Technical Review Criteria (TRC) violations, defined here as those in
which thirty-three percent or more of all of the measurements for each
pollutant parameter taken during a six -month period equal or exceed the
product of the numeric pretreatment standard or requirement including
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instantaneous limits, 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 standard or requirement (daily
maximum, long-term average, instantaneous limit, or narrative
standard) that the District determines has caused, alone or in
combination with other discharges, interference or pass throug h
(including endangering the health of POTW personnel or the general
public),
D. Any discharge that has resulted in the District's exercise of its
emergency authority under sub -subparagraph 62-625(2)(a)5.b., F.A.C.
to halt or prevent such a discharge,
E. Failure to meet, within ninety (90) 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 forty -five (45) days after the due date,
required reports such as baseline monitoring reports, 90 -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, including a violation of best
management practices, which the District determines will adversely
affect the operation or implementation of the pretreatment program,
except when the FDEP is acting on behalf of the District.
"Slug", "Slug Load", and "Slug Discharge" shall mean any discharge at a flow rate or
concentration, which could cause a violation of the prohibited discharge standards in
section 2.A of this Ordinance. A slug discharge is any discharge of a non -routine,
episodic nature, including but not limited to an accidental spill or a non -customary batch
discharge, which has a reasonable potential to cause interference or pass through, or in
any other way violate the POTW's regulations, local limits or permit conditions.
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"State" shall mean the State of Florida, including any regulatory agency within the
Florida State government having jurisdiction over a particular subject or topic of concern
in the context of this Ordinance.
"Standard Industrial Classification " "(SIC)" shall mean a classification pursuant to the
Standard Industrial Classification Manual issued by the Executive Office of the
President, Office of Management and Budget, in 1972, as now or hereafter amended or
superseded from time to time.
"Storm Water" shall mean any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
"Supplemental Service Charge " shall mean a monthly supplemental service charge for
additional services required to monitor the wastes being discharged by users included in
the Pretreatment Program and the Fats, Oil and Grease Program.
"Total Suspended Solids" shall mean solids that either float on the surface of, or are in
suspension in water, sewage or other liquids, and which are removed by laboratory
filtering.
"Toxic Pollutant" shall mean any pollutant or combination of pollutants listed as a toxic
pollutant in the toxin regulations listed in the Clean Water Act section 307 promulgated
by the Administrator of the Environmental Protection Agency under the provisions of
the Clean Water Act, as now or hereafter amended or superseded from time to time.
"Treatment Plant " see definition of "Wastewater Treatment Plant ."
"Upset" shall mean an exceptional incident in which there is unintentional and temporary
noncompliance with categorical Pretreatment Standards because of factor beyond the
reasonable control of the User.
"User" shall mean any person or industrial user who contributes, causes, permits or
suffers any contribution of wastewater into the County's POTW.
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"Wastewater" shall mean liquid and water -carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing facilities, and
institutions, whether treated or untreated, which are contributed to the POTW.
"Wastewater Director" or "Director" shall mean the person designated by County to
supervise the operation of the POTW, and who is charged with certain duties and
responsibilities by this ordinance. The term also means a Duly Authorized
Representative of the Director.
“Wastewater Facility” or “WWF” means any facility which discharges wastes into
waters of the State or which can reasonably be expected to be a source of water pollution
and includes any or all of the following: the collection and transmission system, the
wastewater treatment works, th e reuse or disposal system, and the biosolids management
facility.
"Wastewater Treatment Plant " or "Treatment Plant" shall mean that portion of the
POTW which is designed to provide treatment of municipal sewage and industrial waste.
"Watercourse" shall mean a canal or channel in which a flow of water occurs,
continuously or intermittently.
“Zero Discharge Industrial User ” or “ZDIU” shall mean:
A. Any user that:
1. Discharges to the sanitary sewer; and
2. Has the potential for introduction of non-domestic wastewater from
any source; and
3. Does not discharge non-domestic process wastewater
SECTION TWO: General Sewer Requirements
A. Prohibited Discharge Standards
1. General Prohibitions
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a. Unless a provision explicitly states otherwise, the following terms and phrases,
as used in this ordinance, shall have the meanings hereinafter designated.
b. No person shall fill, backfill over, cover or obstruct access to any sewer manhole.
c. No person shall erect any improvement, structure or building over County sewer
lines without prior express written permission to do so by the County's
Wastewater Director.
d. No User shall introduce or cause to be introduced into the POTW any pollutant
or wastewater which causes Pass Through or Interference. These general
prohibitions apply to all Users of the POTW whether or not they are subject to
categorical Pretreatment Sta ndards or any other National, State, or local
Pretreatment Standards or Requirements.
e. Other discharge limitations established to prevent Pass Through or Interferences
with the operation or performance of the POTW are specified by the following.
2. Specific Prohibitions
a. No User shall introduce or cause to be introduced into the POTW the following
pollutants, substances, or wastewater:
1. Pollutants which create a fire or explosive hazard in the POTW,
including, but not limited to, waste streams with a closed-cup
flashpoint of less than 140 degrees F (60 degrees C) using the test
methods specified in 40 CFR 261.21;
2. Wastewater having a pH less than 5.0, or otherwise causing corrosive
structural damage to the POTW or equipment;
3. Solid or viscous substances in amounts which will cause obstruction of
the flow in the POTW resulting in Interference, but in no case solids
greater than one-half inch (½") in any dimension;
4. Pollutants, including oxygen-demanding pollutants (BOD, etc.),
released in a discharge at a flow rate and/or pollutant concentration
which, either singly or by interaction with other pollutants, will cause
Interference with the POTW;
5. Wastewater having a temperature which will inhibit biological activity
in the treatment plant resulting in Interference, but in no case
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wastewater which causes the temperature at the introduction into the
treatment plant to exceed 104 degrees F (40 degrees C);
6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil
origin, in amounts that will cause Interference or Pass Through;
7. Pollutants which result in the presence of toxic gases, vapors, or fumes
within the POTW in a quantity that may cause acute worker health and
safety problems;
8. Trucked or hauled pollutants, except at discharge points designated by
the Director in accordance with section 3.G of this ordinance;
9. Noxious or malodorous liquids, gases, solids, or other wastewater
which, either singly or by interaction with other wastes, are sufficient
to create a public nuisance or a hazard to life, or to prevent entry into
the sewers for maintenance or repair;
10. Wastewater which imparts color which cannot be removed by the
treatment process, such as, but not limited to, dye wastes and vegetable
tanning solutions, which consequently imparts color to the treatment
plant's effluent, thereby violating the District's permits;
11. Wastewater containing any radioactive wastes or isotopes except in
compliance with applicable State or Federal regulations;
12. Storm water, surface water, ground water, artesian well water, roof
runoff, subsurface drainage, swimming pool drainage, deionized water,
noncontact cooling water, and unpolluted wastewater, unless
specifically authorized by the Director;
13. Condensate from refrigeration units, air conditioning units, freezer
units or any other mechanical device. Requests for deviations in
accordance with the procedures outlined in the Collier County Utilities
Standards Manual may be completed and submitted to the District for
review and will be evaluated on a case-by-case basis;
14. Sludges, screenings, or other residues from the pretreatment of
industrial wastes;
15. Medical wastes, except as specifically authorized by the Director in an
individual wastewater discharge permit;
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16. Wastewater causing, alone or in conjunction with other sources, the
treatment plant's effluent to fail toxicity test;
17. Detergents, surface-active agents, or other substances that might cause
excessive foaming in the POTW;
18. Fats, oils, or greases of animal or vegetable origin in concentrations
greater than one-hundred (100) mg/l;
19. Wastewater causing two readings on an explosion hazard meter at the
point of discharge into the POTW, or at any point in the POTW, of
more than five percent (5%) or any single reading over ten percent
(10%) of the Lower Explosive Limit of the meter.
20. Any hazardous waste pharmaceuticals from healthcare facilities and
reverse distributors.
b. Pollutants, substances, or wastewater prohibited by this section shall not be
processed or stored in such a manner that they could be discharged to the POTW.
B. Pretreatment Standards
1. Users shall provide necessary wastewater treatment as required to comply with this
Ordinance and shall achieve and maintain compliance with all National Categorical
Pretreatment Standards, local limits, and the prohibitions set forth in section 2.A of this
Ordinance within the time limitations as specified by the EPA, the State and the Federal
Pretreatment Regulations which ever is more stringent. Any facilities required to pre-treat
wastewater to a level acceptable to the District shall be designed, constructed, operated,
and maintained by the User at no expense to the County and require prior approval from
the District.
2. Any facilities necessary for compliance shall be provided, operated, and maintained at the
user's expense. Detailed plans describing such facilities and operating procedures shall be
submitted to the District for review and shall be acceptable to the Director before such
facilities are constructed. The review of such plans and operating procedures shall in no
way relieve the user from the responsibility of modifying such facilities as necessary to
produce a discharge acceptable to the Collier County sewer system. All records relating
to compliance with the referenced Pretreatment Standards shall be in Collier County and
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shall promptly and at no cost be made available for inspection and/or copying by the
County, the District, the State, and/or the EPA.
3. The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts
405-471 are hereby incorporated. This is also in accordance with Rule 62-625.410, F.A.C.
as defined by subsection 62-625.200(3), F.A.C.
a. Where a categorical pretreatment standard is expressed only in terms of either the
mass or the concentration of a pollutant in wastewater, the Director may impose
equivalent concentration or mass limits in accordance with subsection 62-
625.410(4), F.A.C.
b. When the limits in a categorical Pretreatment Standard are expressed only in terms
of mass of pollutant per unit of production, the District may convert the limits to
equivalent limitations expressed either as mass of pollutant discharged per day or
effluent concentration for purposes of calculating effluent limitations applicable to
individual Industrial Users.
c. When wastewater subject to a categorical pretreatment standard is mixed with
wastewater not regulated by the same standard, the Director shall impose an
alternate limit using the combined wastestream formula in subsection 62-
625.410(6), F.A.C.
d. A user may obtain a variance from a categorical pretreatment standard if the user
can prove, pursuant to the procedural and substantive provisions in Rule 62-
625.700, F.A.C., that factors relating to its discharge are fundamentally different
from the factors considered by EPA when developing the categorical pretreatment
standard.
e. A user may obtain a net gross adjustment to a categorical standard in accordance
with Rule 62-625.820, F.A.C.
4. Upon promulgation of the National Categorical Pretreatment Standards for a particular
industrial subcategory, the Federal Standard, if more stringent than limitations imposed
under this Ordinance for sources in that subcategory, shall immediately supersede any
limitations imposed under this Ordinance. The District (as a courtesy) shall try to notify
all affected Users of the applicable reporting requirements under Rule 62-625.600, F.A.C.,
as now or hereafter amended or superseded from time to time.
C. State Pretreatment Standards
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Users must comply with Pretreatment Requirements for Existing and New Sources of
Pollution codified at Chapter 62 -625, F.A.C.
D. Local Limits
1. The Director is authorized to establish Local Limits pursuant to subsection 62-
625.400(3), F.A.C., and as such, no person shall discharge wastewater containing
pollutants in excess of the local limits for those pollutants which have been
established for Collier County POTW using standard procedures, calculations and
methods acceptable to the State to protect against pass through interference,
protections of POTW employees, and adverse affects on wastewater residuals
disposal.
2. No industrial user shall discharge process waste streams, unregulated waste
streams, or dilute waste streams in excess of the concentrations set forth by the
Director. Local limits shall be included as permit conditions and attached to each
IU's wastewater permit issued.
3. The established local limits are subject to change and shall be modified as needed
based on regulatory requirements and standards, POTW operations, performance
and processes, the industrial user base, potable water quality and domestic
wastewater characteristics. Modifications to the established local limits must be
reviewed and approved by the FDEP. Permitted IUs shall also be issued an
addendum to their wastewater discharge permit containing the new local limits.
4. The established local limits apply at the point where the wastewater is discharged
to the POTW.
5. All concentrations for metallic substances are for total metal unless indicated
otherwise.
6. At his or her discretion, the Director may impose mass limitations in addition to or
in place of the concentration-based limitations.
7. A copy of the approved local limits is available upon request at the following
location:
Collier County Wastewater Division
Environmental Compliance Section
5600 Warren Street
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Naples, Florida 34113
8. The District may develop Best Management Practices (BMPs), by ordinance or in
wastewater discharge permits, to implement Local Limits and the requirements of
section 2.A of this Ordinance.
E. Right of Revision
The County and District reserve the right to establish, by Ordinance or in individual
wastewater discharge permits, more stringent limitations or requirements on
discharges to the wastewater disposal system if deemed necessary to comply with
the objectives of this Ordinance.
F. Dilution
No User shall ever increase the use of process water, or in any way attempt to dilute a
discharge, as a partial or complete substitute for adequate treatment to achieve
compliance with a discharge limitation unless expressly authorized by an applicable
Pretreatment Standard or Requirement. The Director may impose mass limitations on
Users who are using dilution to meet applicable Pretreatment Standards or
Requirements, or in other cases when the imposition of mass limitations is appropriate.
SECTION THREE: Pretreatment of Wastewater
A. Pretreatment Facilities
Users shall provide wastewater treatment as necessary to comply with this Ordinance and shall
achieve compliance with all categorical Pretreatment Standards, Local Limits, and the prohibitions
set out in section 2.A of this Ordinance within the time limitations specified by EPA, the State, or
Director, whichever is more stringent. Any facilities necessary for compliance shall be provided,
operated, and maintained at the User’s expense. Detailed plans describing such facilities and
operating procedures shall be submitted to Director for review, and shall be acceptable to Director
before such facilities are constructed. The review of such plans and operating procedures shall in no
way relieve the User from the responsibility of modifying such facilities as necessary to produce a
discharge acceptable to the County under the provisions of this Ordinance.
B. Additional Pretreatment Measures
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1. Whenever deemed necessary, the Director may require Users to restrict their discharge
during peak flow periods, designate that certain wastewater be discharged only into
specific sewers, relocate and/or consolidate points of discharge, separate sewage
wastestreams from industrial wastestreams, and such other conditions as may be
necessary to protect the POTW and determine the User's compliance with the
requirements of this Ordinance.
2. Users with the potential to discharge flammable substances may be required to install
and maintain an approved combustible gas detection meter.
C. Fats, Oils and Grease (FOG) Program
1. Wastewater containing cooking oil should not be discharged into the wastewater
system.
2. Definitions. For the purposes of the FOG Program, section 3.C, the following words
and phrases shall be as defined herein.
a. "25% Rule” shall mean that the depth of both bottom solids and oil/grease in a
trap shall not equal or be greater than 25% of the total operating depth of the
trap. The operating depth of a trap is the internal depth from the inlet or outlet
water elevation to the bottom of the trap.
b. "Food Service Establishment" means and includes establishments for the
preparation or serving of meals, lunches, short orders, sandwiches, frozen
desserts, or other edible products. The term includes but is not limited to
restaurants; coffee shops; cafeterias; short order cafes; luncheonettes; taverns;
lunchrooms; places manufacturing, wholesaling, or retailing sandwiches,
salads or other fast foods; soda fountains; institutions, both public and private;
food carts; itinerant restaurants; industrial cafeterias; catering establishments;
food vending machines and vehicles and operations connected therewith; and
similar facilities by whatever name called.
3. All food service establishments that discharge to the POTW shall provide a grease trap
or interceptor as indicated by the Collier County Utilities Standards Manual.
Additionally, the Director may require any originator who generates a wastewater
which contains greater than 100 mg/l FOG to install a grease trap or interceptor.
4. In order to enhance the overall efficiency of the FOG Program, food establishments
should implement BMP's to reduce FOG and solids loading to their grease trap.
Examples of BMP's are:
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a. Scrape food from pots, pans, plates and utensils into a garbage can.
b. Installation of a solid waste interceptor.
c. Pre-wash plates by spraying them off with cold water over a small mesh catch
basin positioned over a drain. The catch basin should be cleaned into a garbage
can as needed.
d. Pour all liquid grease and oil from pots and pans into a waste grease bucket
stored at the pot-washing sink. Heavy solids buildup of oil and grease on pots
and pans should be scraped off into the waste grease bucket.
5. Use of Oil Interceptors and Grease Traps under the FOG Program. All oil and grease
traps or interceptors shall be of a type and capacity approved by the District and shall
be located as to be readily and easily accessible for planning, cleaning and inspection.
The minimum size of interceptors and grease traps shall be in conformance with the
Florida Building Code; sections 1003.1—1003.5 and meet the requirements outlined
in the Collier County Utility Standards Manual. Requests for deviations in accordance
with the procedures outlined in the Collier County Utilities Standards Manual may be
completed and submitted to the District for review.
6. Mechanical Grease Traps: Mechanically operated grease traps may not be used by any
originator tied to the Collier County collection system.
7. All grease traps and oil separators shall be maintained in efficient operation at all times
by the owner at no expense to the County. The owner shall be responsible for proper
removal and/or disposal by appropriate means of captured material and shall maintain
within Collier County written records containing the dates of disposal, amounts of
waste disposed of, and means of disposal, all of which records are subject to review
by the County upon demand. In accordance with Paragraph 2.A.2.18 of this Ordinance,
wastewater containing amounts of grease in excess of 100 mg/l shall not be discharged
into the wastewater system.
8. All grease traps or interceptor shall be maintained by the owner and/or food service
establishment to be in continuously efficient operation. Maintenance shall include the
complete removal of all contents. Any grease trap found to be exceeding the 25% rule
shall be serviced immediately. Top skimming, decanting or back flushing of the grease
trap or its waste is prohibited. Further, the discharge of liquid, semi-solids, or solids
into a grease trap from vehicles after servicing is prohibited. Vehicles capable of
separating water from grease shall not discharge separated water into the grease trap
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or into the wastewater collection system. Recyclable fats, oils and greases shall not be
discharged into the POTW.
9. Outdoor Grease Interceptor: Maintenance shall be performed as required by the "25%
Rule" or as required by an approved Utility Deviation. Any solids interceptor should
be emptied and cleaned daily.
10. Indoor Grease Interceptor: Maintenance shall be performed at intervals not less than
once every 90 days or more frequently if required by the 25% rule. An approved Utility
Deviation is required to operate an indoor grease trap in place of an outdoor
interceptor. Any current originator tied to the County collection system that currently
operates an indoor grease trap, regardless of size, shall prove to the satisfaction of the
Director that they are not discharging illegally or upgrade to an outdoor grease
interceptor. Any solids interceptor tied to an indoor grease trap should be emptied and
cleaned daily.
11. Every hospital, nursing home, jail, cafeteria, grocery store and restaurant (and any
other establishment where food is handled or prepared for consumption or distribution)
shall maintain all grease traps located on the premises and ensure they are functioning
properly at all times.
12. All oil separators shall be maintained on a regular basis and must be functioning
properly at all times, including but not limited to vehicle maintenance centers
(recreational or otherwise), body shop, machine shop, any vehicle storage facility,
and/or facility that utilizes petroleum base product(s).
13. All grease traps, grease interceptors, and oil separators shall be serviced by a licensed
hauler and a completed manifest shall be kept on site by the originator for every service
event. All grease waste shall be taken to a licensed and approved disposal facility for
disposal and in no manner shall any grease trap or interceptor contents be discharged
by a hauler to the Collier County collection system, either sewer or stormwater. Any
violation may result in full prosecution under all applicable state and local laws and
ordinances on the first offense.
14. The owner and/or operator of a premises or business upon prior notice and at all
reasonable times shall make each interceptor, grease trap or oil separator on the
property open and available for immediate inspection by the County. Food service
establishments, owners, and/or operators must make available for inspection and copy
the last completed manifest for grease/oil removal and their service contract with a
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licensed grease waste hauler. Upon completion of an on-site inspection, the inspector
may issue a written notice to the facility representative to document any discrepancies,
noncompliance, enforcement actions, special instruction(s) or other guidance
identified during the compliance evaluation.
15. Inspection of a grease trap shall be performed according to the "25% Rule" as defined
herein.
16. Failed Inspection: If a grease trap fails the initial inspection, the inspector may notify
the originator that the grease trap shall be cleaned out within Seven (7) calendar days.
After 7 calendar days, the grease trap should be re-inspected.
17. Failed Re-Inspection: If at the first re-inspection, the grease trap is found to still be in
non-compliance, a Notice of Violation (NOV) may be issued, and the originator may
be told that the grease trap shall be cleaned immediately. After Three (3) working days
(Monday through Friday, inclusive), the grease trap may be re-inspected.
18. FOG Notice of Violation (NOV): Whenever the Director discovers a violation of any
provision of this section, a written NOV may be issued to the originator. If satisfactory
remedy has occurred within the time frame specified in the NOV, the requirement for
a written explanation of the violation and a plan for satisfactory correction and
prevention by the originator may be waived by the Director.
19. Disregard of FOG Notice of Violation (NOV): If an originator served with a NOV
fails to initiate/complete corrective action within the time frame specified within the
NOV, the Director may pursue one or more of the following options:
a. Have the grease trap pumped and place the appropriate charge on the
originator's monthly sewer/water bill.
b. Terminate water and sewer service at the establishment.
c. File an appropriate action with Collier County Code Department for formal
legal compliance.
d. Any combination of the above enforcement actions.
20. Each business shall pay a monthly Supplemental Service Charge as established by
Resolution of the Board of County Commissioners.
21. Violations: Violating any provisions of this section for a total of three (3) violations
within 18 months shall be punishable by a fine for each successive violation not to
exceed $1,000.00. Additionally, any originator violating any provision of the FOG
Program may be liable to pay restitution in the discretion of the court for:
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a. The total cost incurred by the county to repair or replace facilities damaged as
a result of the violation.
b. Any injury or damage to person or property or loss of services resulting from
the violation.
22. The use of any chemical(s) to dissolve grease is not permitted in the wastewater
collection system.
23. If grease accumulates in any wastewater collection line(s), the owner or operator shall
be billed for all direct and indirect costs and expenses of cleaning such lines and for
any other expenses incurred by the County with regard thereto.
24. Abnormal Occurrences: If in the judgment of the Director, an originator is causing or
may cause water pollution to such an extent as to be or become dangerous to the public
health, safety or welfare, the Director may require such corrective measures as may be
necessary for the protection of the public on an emergency basis, and shall have the
power and authority to cause all operation of the originator to cease until appropriate
corrective measures have been taken by issuing an order to the owner or operator
thereof directing the cessation of the operation, or by ordering the utility providing
water service to the originator to cease providing such service.
D. Dental Amalgam Program
1. Definitions. For the purposes of the Dental Amalgam Program, section 3.D the
following words and phrases shall be as defined herein.
a. “Amalgam separator” is a device that employs filtration, settlement,
centrifugation, or ion exchange to remove amalgam and its metal constituents
from a dental office vacuum system before it discharges to the sewer.
b. “Amalgam waste” means and includes non-contact amalgam (amalgam scrap
that has not been in contact with the patient); contact amalgam (including, but
not limited to, extracted teeth containing amalgam); amalgam sludge captured
by chairside traps, vacuum pump filters, screens, and other amalgam trapping
devices; used amalgam capsules; and leaking or unusable amalgam capsules.
c. “ANSI/ADA Standard No. 108” is the American National Standards Institute
and American Dentistry Association standard for amalgam separators.
d. “Existing Source” is any facility subject to this section whose first discharge to
the sewer collection system occurred on or before July 14, 2017.
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e. “ISO 11143” is the International Organization for Standardization’s standard
for amalgam separators.
f. “New Source” is any facility subject to this section whose first discharge to the
sewer system occurs after July 14, 2017 and must comply immediately upon
commencement of discharge.
2. All owners and operators of dental facilities that remove or place amalgam fillings
shall comply with the following reporting and waste management practices:
a. 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.
b. For new sources, the One-Time Compliance Report is due within 90 days of
the start of discharge to the sewer collection system.
c. No person shall rinse chairside traps, vacuum screens, or amalgam separators
equipment in a sink or other connection to the sanitary sewer.
d. 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
Director or designee during normal business hours.
e. Amalgam waste shall be stored and managed in accordance with the
instructions of the recycler or hauler of such materials.
f. Bleach and other chlorine-containing disinfectants shall not be used to disinfect
the vacuum line system.
g. The use of bulk mercury is prohibited. Only pre-capsulated dental amalgam is
permitted.
3. All owners and operators of dental vacuum suction systems, except as set forth in
subsections D.4 and D.5 of this section, shall comply with the following:
a. 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
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95 percent 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.
b. Proof of certification and installation records shall be submitted to the Director
or designee within 30 days of installation.
c. 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 District during
normal business hours. Records shall be maintained for a minimum of three
years.
4. Facilities with vacuum suction systems that meet all the following conditions may
apply to the Director for an exemption to the requirements of subsection D.3.c of this
section:
a. The system is a dry vacuum pump system with an air-water separator.
b. The sedimentation tank is non-bottom draining, with the drain above the
anticipated maximum level of accumulated sludge.
c. 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.
d. 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 (a) through (d) of this
subsection may apply for this exemption by written letter to the Director. The
Director or designee will review the system and, if the exemption is approved,
shall provide a written letter of exemption.
5. An exemption obtained pursuant to this subsection D.4 shall expire upon installation
of a new vacuum system. Upon expiration of the exemption, the facility shall comply
with subsection D.3 of this section before commencing further operation.
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6. Dental dischargers that exclusively practice one or more of the following specialties
are not subject to the requirements of this section: (1) Orthodontics; (2) Periodontics;
(3) Oral and maxillofacial surgery; (4) Radiology; (5) Oral pathology or oral medicine;
(6) Endodontistry and prosthodontistry.
7. 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:
a. Submits the following statement to the District, signed by a responsible
corporate officer, general partner, proprietor, or a duly authorized
representative by the applicable compliance deadline identified in subsection
D.2:
“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(l) 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.”;
b. Removes dental amalgam for limited emergency or unplanned, unanticipated
circumstances, less than 25 times per year and as no more that 10% of dental
procedures; and
c. The dental practice notifies the District of any changes affecting the
applicability of this certification.
8. Disposal of hauled waste from dental facilities to the sanitary sewer is prohibited in
accordance with section 3.G.
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E. Powers and Authority of Inspectors
1. Duly authorized employees of the County/District bearing proper credentials and
identification shall be admitted to all properties for the purpose of inspection,
observation, measurement, sampling and testing pertinent to discharge to the sewer
system in accordance with this Ordinance.
2. While performing work on private properties referred to herein, the authorized
employees of the District shall observe all safety rules applicable to the premises as
established by the Owner.
3. Duly authorized employees of the District bearing proper credentials and identification
shall be permitted to freely and immediately enter all private properties through which
the District holds an easement for the purpose of, but not limited to, inspections,
observation, measurement, sampling, repair and/or maintenance of any portion of the
wastewater facilities lying within said easement, shall be done in full accordance with
the terms of the duly negotiated easement pertaining to the private property involved.
4. Duly authorized employees of the County/District shall provide notice to any
violator(s) that the violator has committed a violation of this Ordinance (including
rules and regulations incorporated herein by reference) and shall establish a reasonable
time period within which the violator must correct violation(s) that are curable or
correctable. Such time period shall generally be no more than thirty (30) days. If, upon
personal investigation, an inspector finds that the violator has not corrected the
violation within the case specific specified time period for compliance, an inspector
may issue a citation to the violator. An inspector does not have to provide the violator
with a reasonable time period to correct the violation if the inspector has reason to
believe that the violation presents a serious threat to the public health, safety, and/or
welfare, or if the violation is irreparable or irreversible.
F. Accidental Discharge/Slug Discharge Control Plans
1. Each Significant Industrial User shall provide the District protection from slug
discharge of prohibited materials or other substance(s) regulated by this Ordinance.
Facilities necessary to prevent slug discharge of prohibited materials shall be provided
for and maintained by the User at no cost or expense to the County. Detailed plans
showing facilities if deemed necessary by the County and operating procedures to
provide this protection shall be submitted to the District for review and shall be
approved by the District before any commencement of construction of the respective
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facility. Expenses for such review shall be borne by the User and shall be paid in full
prior to final approval for the proposed construction. No User who commences
contribution to the POTW after the effective date of this Ordinance shall be permitted
to introduce pollutants into the system until slug discharge procedures have been
submitted to and approved by the District. Review and approval of such plans and
operating procedures shall not relieve the Industrial User from its responsibility to
modify the User's facility as necessary to meet the requirements of this Ordinance.
2. At least every two (2) years, the District shall evaluate whether each significant
industrial user needs an accidental discharge/slug control plan. The District may
require any user to develop, submit for approval, and implement such a plan.
Alternatively, the District may develop such a plan for any user.
3. An accidental discharge/slug odor control plan shall address, at a minimum, the
following:
a. Description of discharge practices, including non-routine batch discharges;
b. Description of stored chemicals;
c. Procedures for immediately notifying the District of any accidental or slug
discharge and
d. Procedures to prevent adverse impact from any accidental or slug discharge.
Such procedures include, but are not limited to, inspection and maintenance of
storage areas, handling and transfer of materials, loading and unloading
operations, control of plant site runoff, worker training, building of
containment structures or equipment, measures for containing toxic organic
pollutants, including solvents, and/or measures and equipment for emergency
response.
G. Hauled Wastewater
No person shall discharge or cause to be discharged to Collier County's sewer system any water and/or
waste which has been removed and transported from any pit, sump, holding tank, septic tank,
wastewater treatment facility, industrial facility or any other facility unless expressly authorized by
the District in advance and in writing. Such water and/or waste is referred in this Ordinance as "hauled
waste". Under no circumstances may hauled hazardous waste, as defined in Chapter 62-730, F.A.C.,
be discharged to any District facility. Hauled waste of commercial or industrial origin or hauled waste
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of unusually high strength may be discharged only if the original source of the waste has received
expressed prior written approval from the District.
SECTION FOUR: Individual Wastewater Discharge Permits
A. Wastewater Analysis
When requested by the Director, a User must submit information on the nature and characteristics of
its wastewater within 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. Individual Wastewater Discharge Permit Requirement
1. Any User discharging Industrial Wastes into the wastewater collection system at the
time of passage of this Ordinance shall submit a discharge permit application on the
required form not later than six (6) months after the effective date of this Ordinance.
All industrial wastewater dischargers proposing to discharge into the District's
wastewater system must file with the District, on forms furnished by the District, an
application for discharge permit in accordance with section 4.B.3 of this Ordinance,
clearly indicating the volume, the strength and the characteristics of waste discharged
or to be discharged into the Public Sewer. If determined necessary by the District,
analyses of the representative wastes must be made within thirty (30) days by an
approved independent laboratory and be submitted within ninety (90) days with the
application. Following initial approval, any change in the use of the premises or
change in production or operation thereof which causes an alteration in the water use,
waste volume, strength or other characteristics relevant to the purposes of this
Ordinance, must require an amended application to be filed for approval by the District
prior to implementing the proposed alteration to the premises. All discharge permit
and amended discharge permit applications will require payment of a fee to be paid
when the application is filed. All review costs, in addition to the basic discharge permit
fee, shall be borne by the permit applicant and must be paid in full prior to issuance of
any discharge permit.
2. The District will evaluate the data furnished by the user and may require additional
information. Within 30 days of receipt of a complete wastewater discharge permit
application, the District will determine whether or not to issue a wastewater discharge
permit. The District may deny any application for a wastewater discharge permit.
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3. It shall be unlawful for any User of the District sewers to discharge industrial wastes
into the public sewers without having obtained a discharge permit from the District
except those Users discharging at the time of passage of this Ordinance that file a
timely application in accordance with section 4.B.1 may continue to discharge during
the application process. Applications for such discharge permits shall be made to the
District on forms provided by the District. All information that the District deems
necessary to determine potential impacts to the POTW shall be provided by the
applicant. All Users required to obtain a wastewater discharge permit must submit a
permit application. The District may require Users to submit all or some of the
following information as part of a permit application:
a. Identifying Information
1. The name and address of the facility, including the name of the operator
and owner.
2. Contact information, description of activities, facilities, and plant
production processes on the premises.
3. Environmental Permits. A list of any environmental control permits
held by or for the facility.
4. Description of Operations.
5. A brief description of the nature, average rate of production (including
each product produced by type, amount, processes, and rate of
production), and standard industrial classifications of the operation(s)
carried out by such User. This description should include a schematic
process diagram, which indicates points of discharge to the POTW
from the regulated processes;
6. Types of wastes generated, and 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 POTW;
7. Number and type of employees, hours of operation, and proposed or
actual hours of operation;
8. Type and amount of raw materials processed (average and maximum
per day);
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9. 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.
10. Time and duration of discharges.
11. The location for monitoring all wastes covered by the permit.
12. Flow Measurement. Information showing the measured average daily
and maximum daily flow, in gallons per day, to the POTW from
regulated process streams and other streams, as necessary, to allow use
of the combined waste stream formula set out in subsection 62-
625.410(6), F.A.C.
b. Measurement of Pollutants
1. The categorical Pretreatment Standards applicable to each regulated
process and any new categorically regulated processes for Existing
Sources.
2. The results of sampling and analysis identifying the nature and
concentration, and/or mass, where required by the Standard or by the
District, of regulated pollutants in the discharge from each regulated
process.
3. Instantaneous, Daily Maximum, and long-term average concentrations,
or mass, where required, shall be reported.
4. The samples shall be representative of daily operations and shall be
collected and analyzed in accordance with procedures set out in section
6.J of this Ordinance.
5. Where the Standard requires compliance with a BMP or pollution
prevention alternative, the User shall submit documentation as required
by the District or the applicable Standards to determine compliance
with the Standard.
6. Any other information as may be deemed necessary by the District to
evaluate the permit application.
4. Incomplete or inaccurate applications will not be processed and will be returned to the
User for revocation.
C. Application Signatories and Report Certifications
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1. All wastewater discharge permit applications, User reports and certification statements
must be signed by an Authorized Representative of the User and contain the
certification statement in section 6.M.1.
2. If the designation of an Authorized Representative is no longer accurate because a
different individual or position has responsibility for the overall operation of the
facility or overall responsibility for environmental matters for the company, a new
written authorization satisfying the requirements of this section must be submitted to
Director prior to or together with any reports to be signed by an Authorized
Representative.
SECTION FIVE: Individual Wastewater Discharge Permit Issuance
A. Individual Wastewater Discharge Permit Duration
Discharge permits shall be valid for a term of one (1) year from the date of issuance
unless surrendered to, or revoked by, the District upon the determination that an
industrial user is exceeding the peak quality and volume of effluent set forth in the
original application and/or discharge permit conditions. At the District’s discretion the
discharge permit duration period may be amended to a term of between one (1) and
five (5) years, based on the reasonable potential of the industrial user to impact the
POTW.
B. Individual Wastewater Discharge Permit Contents
1. A wastewater discharge permit shall include such conditions as are deemed reasonably
necessary by the District to prevent pass through or interference, protect the quality of
the water body receiving the treatment plant's effluent, protect worker health and
safety, facilitate sludge management and disposal, and protect against damage to the
POTW.
2. Wastewater discharge permits must contain:
a. A statement that indicates the wastewater discharge permit issuance date,
expiration date and effective date;
b. A statement that the wastewater discharge permit is nontransferable without
prior notification to the District in accordance with section 5.E of this
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Ordinance, and provisions for furnishing the new owner or operator with a
copy of the existing wastewater discharge permit;
c. Effluent limits, including Best Management Practices, based on applicable
Pretreatment Standards;
d. Self monitoring, sampling, reporting, notification, and record-keeping
requirements. These requirements shall include an identification of pollutants
(or best management practice) to be monitored, sampling location, sampling
frequency, and sample type based on Federal, State, and local law;
e. 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;
f. Requirements to control Slug Discharge, if determined by the District to be
necessary.
3. Wastewater discharge permits may contain, but need not be limited to, the following
conditions:
a. Limits on the average and/or maximum rate of discharge, time of discharge,
and/or requirements for flow regulation and equalization;
b. 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;
c. 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;
d. Development and implementation of waste minimization plans to reduce the
amount of pollutants discharged to the POTW;
e. The unit charge or schedule of User charges and fees for the management of
the wastewater discharged to the POTW;
f. Requirements for installation and maintenance of inspection and sampling
facilities and equipment, including flow measurement devices;
g. A statement that compliance with the wastewater discharge permit does not
relieve the permittee of responsibility for compliance with all applicable
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Federal and State Pretreatment Standards, including those which become
effective during the term of the wastewater discharge permit; and
h. Other conditions as deemed appropriate by the District to ensure compliance
with this Ordinance, and State and Federal laws, rules, and regulations.
C. Permit Issuance Process
1. Discharge permits shall be issued to the applicants by the District upon finding that
the information set forth in the application will conform to the provisions of this
Ordinance, and that the proposed use will be compatible with the capacity, process,
treatment and nutrient load of the District wastewater facilities. In the event an
Industrial User proposes to make any change in the peak quality and volume of effluent
during the term of the permit, resulting from increase in production and/or changes in
the production profile, beyond the scope of the discharge permit, such User shall file
with the District an amended application for a permit authorizing such change. Such
permit shall not be reassigned or transferred to a new Owner, new User, or to different
premises without the approval of the District as outlined below in section 5.E
Discharge permits shall be renewed by completing the permit application form and
subsequent review of the application and historical compliance records.
2. Any violation of the terms and conditions of a wastewater discharge permit shall be
deemed a violation of this Ordinance and subjects the wastewater discharge permittee
to the sanctions set out in section 10 of this Ordinance. 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.
3. Any person, including the User, may petition the District to reconsider the terms of a
wastewater discharge permit within 30 days of its issuance.
4. Failure to submit a timely petition for review shall be deemed to be a waiver of the
administrative appeal.
5. In its petition, the appealing party must indicate the wastewater discharge permit
provisions objected to, the reasons for this objection, and the alternative condition, if
any, it seeks to place in the wastewater discharge permit.
6. The effectiveness of the wastewater discharge permit shall not be stayed pending the
appeal.
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7. If the District fails to act within sixty (60) days, a request for reconsideration shall be
deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not
to issue a wastewater discharge permit, or not to modify a wastewater discharge permit
shall be considered final administrative actions for purposes of judicial review.
8. Aggrieved parties seeking judicial review of the final administrative wastewater
discharge permit decision must do so by filing a complaint with the Circuit Court of
the Twentieth Judicial Circuit in and for Collier County within the time provided for
in F.S. § 95.11.
9. A user with an expiring wastewater discharge permit shall apply for wastewater
discharge permit reissuance by submitting a complete permit application, a minimum
of 60 days prior to the expiration of the user's existing wastewater discharge permit.
D. Permit Modification
The District 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, processes, or
wastewater volume or character since the time of the wastewater discharge permit
issuance;
3. A change in the POTW 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 POTW,
County personnel, or the receiving water;
5. Violation of any terms or conditions of the individual wastewater discharge permit;
6. Misrepresentations or failure to fully disclose all relevant facts in the wastewater
discharge permit application or in any required reporting;
7. Revision of or a grant of variance from categorical Pretreatment Standards pursuant to
Rule 62-625.700, F.A.C;
8. To correct typographical or other errors in the individual wastewater discharge permit;
or
9. To reflect a transfer of the facility ownership or operation to a new owner or operator
where requested in accordance with section 5.E of this Ordinance.
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E. Individual Wastewater Discharge Permit Transfer
Wastewater discharge permits may be transferred to a new owner or operator only if the permittee
gives at least sixty (60) days advance notice to the District and the District approves the wastewater
discharge permit transfer. The notice to the District 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 date on which the transfer is to occur; and
3. Acknowledges full responsibility for complying with the existing wastewater
discharge permit.
4. Failure to provide advance notice of a transfer renders the wastewater discharge permit
void as of the date of facility transfer.
F. Individual Wastewater Discharge Permit Revocation
1. Any User who violates any of the conditions of this Ordinance or applicable State and
Federal regulations, is subject to having its permit revoked in accordance with section
5.F.2 of this Ordinance.
2. The Director may revoke an individual wastewater discharge permit for good cause,
including, but not limited to, the following reasons:
a. Failure to notify the District of significant changes to the wastewater prior to
the changed discharge;
b. Failure to provide prior notification to the District of changed conditions
pursuant to section 6.E of this Ordinance;
c. Misrepresentation or failure to fully disclose all relevant facts in the
wastewater discharge permit application;
d. Falsifying self-monitoring reports and certification statements;
e. Tampering with monitoring equipment;
f. Refusing to allow the District timely access to the facility premises and
records;
g. Failure to meet effluent limitations;
h. Failure to pay fines;
i. Failure to pay sewer charges or appropriate excess strength fees;
j. Failure to meet compliance schedules;
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k. Failure to complete a wastewater survey or the wastewater discharge permit
application;
l. Failure to provide advance notice of the transfer of business ownership of a
permitted facility; or
m. Violation of any Pretreatment Standard or Requirement, or any terms of the
wastewater discharge permit or this Ordinance.
3. Notice of Disconnection, Suspension, Revocation. The District shall attempt to notify
User in writing prior to disconnecting, suspending or revoking User's service or
permit. Said notice should inform User of the sections of this Ordinance being
violated, state what corrective action must be taken, and state the time period necessary
for said corrective action. Failure to comply with the notice may result in
disconnection, suspending or revoking User's service or permit. However, in
emergency situations the District may disconnect, suspend or revoke User's service or
permit prior to notification. User will, whenever possible, be notified as soon as is
reasonably possible after said action is taken.
G. Regulation of Waste Received from Other Jurisdictions
1. If another municipality, or User located within another municipality, contributes
wastewater to the POTW, the Director shall enter into an intermunicipal agreement
with the contributing municipality.
2. Prior to entering into an agreement required by subsection 1 above, the Director shall
request the following information from the contributing municipality:
a. A description of the quality and volume of wastewater discharged to the POTW
by the contributing municipality;
b. An inventory of all Users located within the contributing municipality that are
discharging to the POTW; and
c. Such other information as the Director may deem necessary.
3. An intermunicipal agreement, as required by subsection 1, above, shall contain the
following conditions:
a. A requirement for the contributing municipality to adopt a sewer use ordinance
which is at least as stringent as this Ordinance and Local Limits, including
required Baseline Monitoring Reports (BMRs), which are at least as stringent
as those set out in section 2.D of this Ordinance. The requirement shall specify
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that such ordinance and limits must be revised as necessary to reflect changes
made to the District's Ordinance or Local Limits;
b. A requirement for the contributing municipality to submit a revised User
inventory on at least an annual basis;
c. A provision specifying which pretreatment implementation activities,
including individual wastewater discharge permit issuance, inspection and
sampling, and enforcement, will be conducted by the contributing
municipality; which of these activities will be conducted by the Director; and
which of these activities will be conducted jointly by the contributing
municipality and the Director;
d. A requirement for the contributing municipality to provide the Director with
access to all information that the contributing municipality obtains as part of
its pretreatment activities;
e. Limits on the nature, quality, and volume of the contributing municipality's
wastewater at the point where it discharges to the POTW;
f. Requirements for monitoring the contributing municipality's discharge;
g. A provision ensuring the Director access to the facilities of Users located
within the contributing municipality's jurisdictional boundaries for the purpose
of inspection, sampling, and any other duties deemed necessary by the
Director; and
h. A provision specifying remedies available for breach of the terms of the
intermunicipal agreement.
SECTION SIX: Reporting Requirements
A. Baseline Monitoring Reports
1. Within either one hundred and eighty (180) days after the effective date of a
categorical pretreatment standard, or the final administrative decision on a category
determination under subsection 62-625.410(2)(d), F.A.C., whichever is later, existing
categorical users currently discharging to or scheduled to discharge to the POTW shall
submit to the District a report which contains the information listed below. At least
ninety (90) days prior to commencement of their discharge, new sources, and sources
that become categorical users subsequent to the promulgation of an applicable
categorical standard, shall submit to the District a report which contains the
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information listed below. A new source shall report the method of pretreatment it
intends to use to meet applicable categorical standards. A new source also shall give
estimates of its anticipated flow and quantity of pollutants to be discharged.
2. Users described above shall submit the information set forth below.
a. The name and address of the facility including the name of the operator and all
Owners of five or greater percent of the entity;
b. A list of any environmental control permits held by (or for) the facility;
c. A brief (but complete) description of the nature, average rate of production and
Standard Industrial Classification of the operations. This description must
include a schematic diagram of points of discharge to the POTW from
regulated processes;
d. The measured maximum single day flow, peak one (1) hour flow, and the
average daily flow, in gallons per day, to the POTW from each of the
following:
1. Regulated process streams, and
2. Other streams as necessary to allow use of the combined waste stream
formula of subsection 62-625.410(6), F.A.C. The control authority
shall allow for verifiable estimates of these flows where justified by
cost or feasibility considerations.
e. The User shall take a minimum of one representative sample to compile the
data necessary to comply with the requirements of section 6.A.2;
f. Samples should 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 User should measure the flows and
concentrations necessary to allow use of the combined wastestream formula of
subsection 62-625.410(6), F.A.C., in order to evaluate compliance with the
Pretreatment Standards. Where an alternate concentration or mass limi t has
been calculated in accordance with subsection 62-625.410(6), F.A.C., this
adjusted limit, along with supporting data, shall be submitted to the District;
g. The information contained in sections 4.B.3.a. (1) through (8) of this
Ordinance;
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h. Sampling and analysis shall be performed in accordance with section 6.J of this
Ordinance;
i. The Director may allow the submission of a baseline report which utilizes only
historical data so long as the data provides information sufficient to determine
the need for industrial pretreatment measures;
j. The baseline report shall indicate the time, date, and place of sampling and
methods of analysis, and shall certify that such sampling and analyses is
representative of normal work cycles and expected pollutant discharges to the
POTW.
3. Compliance Certification. A statement reviewed and signed by an authorized
representative of the Industrial User and certified by a qualified professional indicating
whether National Categorical Pretreatment Standards are being met on a consistent
basis and, if not, whether additional operation and maintenance and/or additional
pretreatment is required to the industrial user to meet the National Categorical
Pretreatment Standards and associated Pretreatment Requirements.
4. Compliance Schedule. If additional pretreatment and/or operation and maintenance
will be required to meet the Pretreatment Standards, the shortest schedule by which
the User will provide such additional pretreatment and/or operation and maintenance
must be provided. The completion date in this schedule shall not be later than the
compliance date established for the applicable Pretreatment Standard. A compliance
schedule pursuant to this section must meet the requirements set out below in
subsection 6.B of this Ordinance.
5. Signature and Report Certification. All baseline monitoring reports must be certified
in accordance with section 6.M of this Ordinance and signed by an Authorized
Representative as defined in section 1.D.
B. Compliance Schedule Progress Reports
The District shall require Industrial Users to develop compliance schedules required to meet National
Categorical Pretreatment Standards. The proposed compliance schedule shall be submitted to the
District for review and approval. This schedule shall be the shortest time limits required for industrial
users to provide additional pretreatment and/or operation and maintenance in order to meet these
pretreatment standards. The completion date of this schedule shall not be later than the compliance
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date established for the applicable National Categorical Pretreatment Standard. The following
conditions shall apply to the compliance schedule required by section 6.A. 4 of this Ordinance:
1. The schedule shall contain increments of progress in the form of specific dates for
completion of major events leading to the construction and operation of required
pretreatment facilities necessary for the Industrial User to meet the applicable National
Categorical Pretreatment Standards.
2. No increment of such schedule shall exceed nine (9) months.
3. No later than 14 days following each date in the schedule and the final date for
compliance, the Industrial User shall submit a progress report to the District including
whether or not it complied with the increments 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 the delay and measures being taken to return to the schedule established.
4. In no event shall more than 9 months elapse between such progress reports to the
control authority.
C. Reports on Compliance with Categorical Pretreatment Standard Deadline
1. Any Industrial User then subject to the National Categorical Pretreatment standards
and associated Pretreatment Requirements shall submit to the District within ninety
(90) days following the date for final compliance with applicable Pretreatment
Standards and Requirements, or in the case of a new source following commencement
of wastewater discharge to the POTW, a report containing the requirements found in
section 6.A.2. d.-i. of this Ordinance.
2. This report must indicate whether the applicable National Categorical Pretreatment
Standards and associated Requirements are being met on a consistent basis, and if not,
what additional operation and maintenance procedures and/or pretreatment have been
(or will be) implemented to bring the user into compliance with the then applicable
National Categorical Pretreatment Standards and associated Pretreatment
Requirements. This statement must be signed by an authorized representative of the
industrial user and must be certified by a qualified professional. The statement must
include but is not limited to the language as described in section 6.A.3 of this
Ordinance. For industrial users subject to equivalent mass or concentration limits
established by the control authority in accordance with the procedures in subsection
62-625.410(4), F.A.C., this report shall contain a reasonable measure of the industrial
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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.
D. Periodic Compliance Reports
1. Periodic Compliance Report for Industrial Users Subject to National Categorical
Standards
a. All Users subject to the National Categorical Pretreatment Standards and
associated Pretreatment Requirements must submit to the District during the
months of June and December, unless required more frequently in said
Pretreatment Standards or by the District, a written report indicating the nature
and concentration of pollutants in the effluent that are limited by the referenced
Pretreatment Standards. In addition, this report must include a record of the
maximum single day and average daily flows being discharged during the
reporting period. In cases where the Pretreatment Standard requires
compliance with a Best Management Practice (BMP) or pollution prevention
alternative, the User must submit documentation required by the Director or
the Pretreatment Standards necessary to determine the compliance status of the
User. All wastewater samples must be representative of the User's discharge.
Wastewater monitoring and flow measurement facilities shall be properly
operated, kept clean, and always maintained in good working order. The failure
of a User to keep its monitoring facility in good working order shall not be
grounds for the User to claim that sample results are unrepresentative of its
discharge.
b. If a User subject to the reporting requirement in this section monitors any
regulated pollutant at the appropriate sampling location more frequently than
required by the District, using the procedures prescribed in section 6.J of this
Ordinance, the results of this monitoring shall be included in the report.
c. At the discretion of the District and in consideration of such factors as local
high or low flow rates, holiday, budget cycles, etc., the District may decide to
alter the months during which the compliance reports are to be submitted by
the particular User.
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d. Compliance reports shall be signed by an authorized representative of the
Industrial User prior to submittal and shall include the specific language as
quoted in section 6.M.1 of this Ordinance.
e. All Users not required to obtain a wastewater discharge permit shall provide
appropriate reports to the District as the District may require.
2. Periodic Compliance Report for Industrial Users not subject to National Categorical
Standards
a. The District requires appropriate reporting from those industrial users with
discharges that are not subject to categorical pretreatment standards.
Significant non-categorical industrial users must submit to the control
authority at least once every six months (on dates specified by the control
authority) a description of the nature, concentration, and flow of the pollutants
required to be reported by the control authority. In cases where a local limit
requires compliance with a best management practice or pollution prevention
alternative, the industrial user must submit documentation required by the
control authority to determine the compliance status of the industrial user.
b. The reports must be based on sampling and analyses performed in the period
covered by the report and are subject to the same requirements specified in
section 6.J. The sampling and analysis may be performed by the District in
lieu of the significant non-categorical industrial user and is subject to the same
requirements specified in section 6.J. Where the District itself collects all the
information required for the report, the significant non-categorical industrial
user shall not be required to submit the report. All laboratory analytical reports
prepared by the industrial user or the District shall comply with Rule 62 -
160.340, F.A.C.
E. Reports of Changed Conditions
1. User must notify the POTW of any anticipated changes in wastewater characteristics
and/or flow, which may affect treatment. Each User must notify the District of any
planned significant changes to the User's operations or system which might alter the
nature, quality, or volume of its wastewater at least 60 days before the change.
2. The Director may require the User to submit such information as may be deemed
necessary to evaluate the changed condition, including the submission of a wastewater
discharge permit application under section 4.B of this Ordinance.
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3. The Director may issue an individual wastewater discharge permit under Section 4.B
of this Ordinance or modify an existing wastewater discharge permit under Section
5.D of this Ordinance in response to changed conditions or anticipated changed
conditions.
F. Reports of Potential Problems
1. In the case of any discharge, including, but not limited to, accidental discharges,
discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a Slug
Discharge or Slug Load, that might cause potential problems for the POTW, the User
must immediately telephone and notify the POTW of the details of the incident,
including the exact location of the discharge, type(s) of waste(s), concentration(s) and
volume(s), and corrective action(s) taken by the User. The amount of information must
be sufficient to enable the District to be able to evaluate the severity of the incident.
2. Within five (5) working days following such slug discharge, the User shall, unless
waived by the District, deliver to the District a detailed written report describing the
cause of the discharge and all measures taken (or to be taken) by or on behalf of th e
User to prevent any and all future occurrences. Such notification shall not relieve the
User of any expense, loss, damage, or other liability which may be incurred as a result
of damage to the POTW, natural resource, fish kills or any other damage to person
and/or property; nor shall such notification relieve the User of any fines, civil penalties
and/or other liability, duty or responsibility which may be imposed by this Ordinance
and/or by any other applicable rule, regulation and/or law.
3. A notice shall be permanently posted on the User's bulletin board or other prominent
place advising its employees who to call in the event of a dangerous discharge. All
employers shall ensure that all of its respective employees who may cause or suffer
such a dangerous discharge to occur are aware of the emergency notification
procedure.
4. Significant Industrial Users are required to notify the District immediately of any
changes at its facility affecting the potential for a Slug Discharge.
5. Notice of Upset. Users must submit notification of any and all upsets in accordance
with section 13.A of this Ordinance.
6. Notice of Bypass. Users must submit notification of any and all bypasses in accordance
with section 13.C of this Ordinance.
G. Reports from Unpermitted Users
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All Users not required to obtain an individual wastewater discharge permit or general permit shall
provide appropriate reports to the District as the District may require.
H. Notice of Violation/Repeat Sampling and Reporting
1. User must notify the District within twenty-four (24) hours of becoming aware of any
violation of this Ordinance or any potential problems which may occur due to the user's
discharge. If sampling performed by a user indicates a violation, the user shall repeat
the sampling and analysis and submit the results of the repeat analysis to the District
within thirty (30) days after becoming aware of the violation. The user is not required
to resample if:
a. The District monitors at the user's facility at least once a month, or
b. The District samples between the user's initial sampling and when the user
receives the results of this sampling.
2. Where the District has performed the sampling and analysis in lieu of the industrial
user, the District must perform the repeat sampling and analysis unless it notifies the
user of the violation and requires the user to perform the repeat analysis.
I. Notification of the Discharge of Hazardous Waste
Hazardous Wastes as defined but not limited to Chapter 62-730, F.A.C., is prohibited to be discharged
into the POTW. Any User who discharges hazardous waste shall notify the POTW immediately of
any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous
waste under Chapter 62-730, F.A.C.
J. Sampling, Measurements, Tests, and Analysis
1. All sampling, measurements, tests, and analyses of the characteristics of waters and
wastes to which reference is made in this Ordinance shall be determined in accordance
with Chapter 62-160, F.A.C. and subparagraphs 62-625.600(1)(e) 3, 4, and 5, F.A.C.,
and FDEP Standard Operating Procedure 001/01, FS 2400. All sampling and analysis
shall be determined at the manhole provided to reflect the effect of constituents upon
the POTW and to determine the existence of hazard(s) to life, limb, and/or property.
2. Samples collected to satisfy reporting requirements must be based on data obtained
through appropriate sampling and analysis performed during the period covered by the
report, based on data that is representative of conditions occurring during the reporting
period.
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3. Except as indicated in subsection d., below, the user must collect wastewater samples
using 24-hour flow proportional composite collection techniques, unless time
proportional composite sampling or grab sampling is authorized by the District. Where
time proportional composite sampling or grab sampling is authorized by District, the
samples must be representative of the discharge. Using protocols (including
appropriate preservation) specified in Chapter 62-160, F.A.C., and DEP-SOP-001/01,
multiple grab samples collected during a 24-hour period may be composited prior to
the analysis as follows:
a. Samples for cyanide, total phenols, and sulfides may be composited in the
laboratory or in the field;
b. Samples for volatile organics and oil and grease may be composited in the
laboratory;
c. Composite samples for other parameters unaffected by the compositing
procedures as allowed in the FDEP's approved sampling procedures and
laboratory methodologies may be authorized by District, as appropriate. In
addition, grab samples may be required to show compliance with Instantaneous
Limits.
d. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and
volatile organic compounds must be obtained using grab collection techniques.
4. Oil and grease samples shall be collected in accordance with subsection J.3 above
unless the sampling location or point cannot be physically accessed to perform a direct
collection of a grab sample. In these instances, the sample shall be pumped from the
sampling location or point into the sample container using a peristaltic-type pump. All
pump tubing used for sample collection must be new or pre-cleaned and must be
changed between sample containers and sample points. The pump tubing shall not be
pre-rinsed or flushed with sample prior to collecting the sample. The report of analysis
shall indicate that a peristaltic pump was used to collect the oil and grease sample.
5. For sampling required in support of baseline monitoring and 90-day compliance
reports required in sections 6.A and 6.C of this Ordinance, a minimum of four (4) grab
samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile
organic compounds for facilities for which historical sampling data do not exist; for
facilities for which historical sampling data are available, the Director may authorize
a lower minimum. For the reports required by section 6.D of this Ordinance, the
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Industrial User is required to collect the number of grab samples necessary to assess
and assure compliance with applicable Pretreatment Standards and Requirements.
K. Date of Receipt of Reports
Written reports will be deemed to have been submitted on the date postmarked. For reports, which
are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the
date of receipt of the report shall govern.
L. Recordkeeping
Users subject to the reporting requirements of this Ordinance shall retain, and make available for
inspection and copying, all records of information obtained pursuant to any monitoring activities
required by this Ordinance, any additional records of information obtained pursuant to monitoring
activities undertaken by the User independent of such requirements, and documentation associated
with best management practices. Records shall contain, as needed, the information as described in
F.A.C. 62-160. These records shall remain available for a period of at least three (3) years. This period
shall be automatically extended for the duration of any litigation concerning the User or the District,
or where the User has been specifically notified of a longer retention period by the District.
M. Certification Statements
1. Certification of Permit Applications, User Reports and Initial Monitoring Waiver—
The following certification statement is required to be signed and submitted by Users
submitting permit applications in accordance with section 4.B; Users submitting
baseline monitoring reports under subsection 6.A; Users submitting reports on
compliance with the categorical Pretreatment Standard deadlines under section 6.C;
and Users submitting periodic compliance reports required by section 6.D.
a. The following certification statement must be signed by an Authorized
Representative as defined in section 1.D:
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
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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.
2. Annual Certification for Non-Significant Categorical Industrial Users. A facility
determined to be a Non-Significant Categorical Industrial User (NSCIU) by the
District pursuant to the Significant Industrial User definition in section 1.D, must
annually submit the following certification statement signed by a duly authorized
representative:
"Based on my inquiry of the person or persons directly responsible for
managing compliance with the categorical Pretreatment Standards under 40
CFR [specify applicable national pretreatment standard part(s)], I certify that,
to the best of my knowledge and belief that during the period from [insert
month, day, year] to [insert month, day, year]:
a. The facility described as [insert facility name] met the definition of a Non-
Significant Categorical Industrial User as described in paragraph 62-
625.200(25)(c), F.A.C.;
b. The facility complied with all applicable Pretreatment Standards and
requirements during this reporting period; and
c. The facility never discharged more than 100 gallons of total categorical
wastewater on any given day during this reporting period.
d. This compliance certification is based on the following information. [insert
appropriate information to determine if NSCIU conditions are being met]."
3. The above certification must accompany an alternative report required by the Director
and shall include but may not be limited to all records of the proper disposal of all
categorical industrial wastes.
SECTION SEVEN: Compliance Monitoring
A. Right of Entry: Inspection and Sampling
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The District shall inspect the facilities of any User to ascertain whether the purpose of this Ordinance
is being met and that all requirements are being complied with. Persons or occupants of the premises
where wastewater is being generated and/or discharged to the POTW shall allow the representative
of the District, the State, or the EPA, immediate, free, and ready access at all reasonable times to all
parts of the premises for the purposes of inspection, sampling, records examination and/or records
duplication, or otherwise in the performance of any of their duties. Any temporary or permanent
obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly
removed by the User at the written or verbal request of the Dist rict and shall not be replaced. The
costs of clearing such access shall be borne by the User. The County (District), the State, and the EPA
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. In instances where a User has security
measures in force which would require proper identification and clearance before entry into the
premises, the User shall make necessary arrangements with their security guards so that upon
presentation of suitable identification, personnel from Collier County/District, the State, and/or the
EPA shall be permitted to enter, freely and without delay, for the purposes of performing their work.
Unreasonable delays in allowing the District access to the User's premises shall be a violation of this
Ordinance.
B. Search Warrants
If the District has been refused access to a building, structure, or property, or any part thereof, and is
able to demonstrate probable cause to believe that there may be a violation of this Ordinance, or that
there is a need to inspect and/or sample as part of a routine inspection and sampling program of the
County designed to verify compliance with this Ordinance or any permit or order issued hereunder,
or to protect the overall public health, safety and welfare of the community, then the District may
seek issuance of a search warrant from the Circuit Court of the Twentieth Judicial Circuit in and for
Collier County.
SECTION EIGHT: Confidentiality, Public Records Law
A. Confidential Information
1. Information and data on a User obtained from reports, questionnaires, permit
applications, permits and monitoring programs and inspections shall be available to
the public or other governmental agency without restriction unless the user specifically
requests confidentiality and demonstrates to the satisfaction of the County Attorney
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that the requested confidentiality is lawful applying the public records laws of the State
of Florida, which as of the effective date of this Ordinance is F.S. ch. 119.
2. When requested by the User furnishing a report, portions of said report, if any, 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 the
government agencies for uses related to this section, the State disposal permitting
system and/or the State and Federal pretreatment programs provided, however, that
such portions of a report shall be available for use by the State or other State agencies
in judicial review or enforcement proceedings involving the person furnishing the
report. Wastewater constituents and characteristics will not be recognized as
confidential information.
3. Notwithstanding any of the provisions of this section, nothing shall be construed to
imply that the County can or will violate any public records laws or any United States
Government or Federal Act or Law, requiring disclosure of public records or
otherwise. Any release of information or disclosure made by the County (including
the District) in compliance with any such law(s) renders the County immune from any
cause or claims based on any release of any such information.
SECTION NINE: Publication of Users in Significant Noncompliance
The District shall publish annually, in the largest daily newspaper published in the municipality where
the POTW is located, a list of the users which, during the previous twelve (12) months, were in
significant noncompliance with applicable pretreatment standards and requirements. The term
Significant Noncompliance as defined shall be applicable to all Significant Industrial Users or any
other Industrial User that violates this Ordinance.
SECTION TEN: Violation and Penalties
A. Violations, Notice of Violation, Consent Orders, Show Cause Hearing
1. When the District finds that a user has violated, or continues to violate, any provision
of this Ordinance, or order hereunder, or any pretreatment standard or other
requirement ("Noncompliance"), the District may serve upon that User a written
Notice of Violation in person, or by facsimile, by certified mail or by any lawful means
of service. Within ten (10) workdays of receipt of this notice, the User shall deliver to
the District a written detailed plan for satisfactory correction of all noticed violatio ns
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and for prevention of further recurrences thereof. Submission of this plan in no way
relieves the User of liability for any violations occurring before or after receipt of the
Notice of Violation. Nothing in this section shall limit the authority of the District to
take action, including emergency actions or any other enforcement action, without first
issuing a Notice of Violation.
2. The District may enter into consent orders, assurances of voluntary compliance, or
other similar documents establishing an agreement with any User responsible for
noncompliance. Such documents must include specific action to be taken by the User
to correct the noncompliance within a time period specified by the document. Such
documents shall be judicially enforceable.
3. The District may order a User who has received a notice of violation to appear before
the District and show cause why the proposed enforcement action should not be taken.
Notice shall be served on the User specifying the time and place for the meeting, the
proposed enforcement action, the reasons for such action, and a request that the User
show cause why the proposed enforcement action should not be taken. The notice of
the meeting shall be served personally or by registered or certified mail (return receipt
requested) at least twenty (20) workdays prior to the hearing. Such notice may be
served on any authorized representative of the User. A show cause hearing shall not
be a bar against, or prerequisite to, taking any other action against the User.
4. Should any violation of any condition of this Ordinance occur, User will be subject to
the penalties described in subsection B. of this section.
B. Penalties
1. When the District determines that a User(s) is contributing to the POTW, any of the
prohibited discharges in such amount(s), which do (or which threaten to) interfere with
the operation of the POTW, or may present an endangerment to the environment, the
District has authority to immediately halt or immediately prevent any such
discharge(s) to the POTW. The District shall provide the User notice of this action in
accordance with section 5.F.3 of this Ordinance.
2. Subsequent to such notice, the District may allow the User up to thirty (30) days to
deliver a response, which response must include the cause of the discharge and all
corrective measures taken or to be taken. Wastewater service shall not be resumed
until all such corrective measure(s) as needed have been undertaken to eliminate all
threats of interference and/or endangerment to the environment.
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3. Following this specified response period in the specific instance, the District, as it
determines necessary, shall begin development of effluent limitation(s) and a
compliance schedule for such User to correct all interference(s) with the POTW.
4. Any person who fails or refuses to obey or comply with or violates any provision of
this Ordinance may be prosecuted in the same manner as misdemeanors are
prosecuted. Such person upon conviction of such offense shall be punished by a fine
(as specified herein) for each violation, or by imprisonment not to exceed sixty (60)
days in the County jail, or both, in the discretion of the Court. Pursuant to the authority
of Rule 62-625.500(2)(a)5.a., F.A.C., the fine shall be in at least the amount of one
thousand dollars ($1,000.00) per day per violation for a first violation, five thousand
dollars ($5,000.00) per day for a repeat violation. In determining the amount of the
fine, if any, the trier of fact may consider the gravity of the violation, any actions taken
by the violator to correct the violation, and any previous violations committed by that
violator. Each violation or non-compliance shall be considered a separate and distinct
offense. Further, each day of continued violation or non-compliance may be
considered as a separate offense. All expenses incurred by the County in regulating
the incident, will be paid by the offending User(s).
5. Nothing herein contained shall prevent or restrict the County or District from taking
such other lawful action in any court of competent jurisdiction as is necessary to
prevent or remedy any violation or non-compliance. Such other lawful actions shall
include, but shall not be limited to, an equitable action for injunctive relief or an action
at law for damages.
6. Further, nothing in this Ordinance shall be construed to prohibit the County from
prosecuting any violation of this Ordinance by means of a Code Enforcement Board
Special Magistrate established pursuant to the authority of F.S. ch. 162. Furthermore,
enforcement in Court shall not prevent referral of the violation to any Code
Enforcement Board. In addition, if the violator is within the jurisdiction of the Collier
County Water/Wastewater Authority, the matter may also be referred for enforcement
to that Authority. If the violator is a tenant, licensee or use permittee of the Collier
County Airport Authority, such violation shall also be a violation of the respective
lease, license or use agreement.
7. All remedies and penalties provided for in this section shall be cumulative and
independently available to the County and District, and the County and District shall
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be authorized to pursue any and all remedies set forth in this section to the full extent
allowed by law.
8. All aspects of sections 1—6 of the Collier County Code of Laws and Ordinance also
apply to this Ordinance.
C. Authority to Disconnect Service
The District may terminate water and wastewater disposal services and disconnect a User from
the system when:
1. Acid(s) or chemical(s) damaging to the sewer lines, or the treatment process are
released into the sewer causing rapid or greater than normal deterioration of these
structures, or interfering with proper conveyance and/or treatment of wastewater; or
2. A governmental agency informs the District that the effluent from the wastewater
treatment plant is no longer of a quality permitted for discharge into a percolation
pond, reclaimed water system or groundwater well, or it is found that the User is
delivering wastewater to the District's system that cannot be sufficiently treated or
requires treatment that is not provided by the District as normal domestic treatment;
or
3. The User discharges industrial waste or wastewater that is in violation of the permit
issued by the District; or
4. The User discharges wastewater at an uncontrollable, variable rate, in sufficient
quantity to cause an imbalance in the wastewater treatment systems; or
5. The User fails to pay a monthly bill for water or sanitary sewer services when due; or
6. The User repeats a discharge of prohibited waste(s) into public sewer.
D. Reasonable Service Conditions
1. The District reserves the right to refuse to provide, or to cease providing, water and/or
wastewater services to any connector for any good reason(s) which shall include, but
not be limited to, use of water or contribution of wastewater in such manner or form
as to be injurious or detrimental to the general welfare of the system, its customers, or
the community. The District may require that pretreatment flow regulations or other
remedial, preventive, or corrective facilities be installed (at no expense to the County)
when the situation warrants provision and use of such facilities.
2. The District is authorized to immediately halt and/or immediately eliminate upon
notice to the User in accordance with section 5.F.3 of this Ordinance, any actual or
threatened discharge of pollutants to the POTW, which does present (or may present)
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an imminent or substantial endangerment to the health or welfare of any person or any
animal.
E. Suspension of Services
1. The District may suspend the wastewater treatment service and/or effluent permit
when such suspension is deemed to be necessary, in the opinion of the District, in order
to stop an actual or threatened discharge which presents or may present an imminent
or substantial endangerment to the health or welfare of persons, to the environment,
causes interference to the POTW or causes the District to violate any condition of its
FDEP permit.
2. Any person notified of a suspension of the wastewater treatment service and/or the
effluent permit shall immediately stop or eliminate the contribution. In the event of a
failure of the person to comply voluntarily with the suspension order, the District shall
take such steps deemed to be necessary, including initiation of legal action by the
County Attorney and immediate severance of the sewer connection, to prevent or
minimize damage to the POTW system or endangerment to any individuals. Absent
other compelling reason(s) not to do so, the District shall reinstate the effluent permit
and/or the wastewater treatment service upon proof of the elimination of the non-
complying discharge. A detailed written statement submitted by the User describing
the cause(s) of the harmful contribution and the measures taken to prevent future
occurrence shall be submitted to the District within fifteen (15) calendar days of the
date of occurrence.
SECTION ELEVEN: Judicial Enforcement Remedies
A. Injunctive Relief
When the Director finds that a User has violated, or continues to violate, any provision of this
Ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other
Pretreatment Standard or Requirement, the Director may petition the Collier County Court through
the County’s Attorney for the issuance of a temporary or permanent injunction, as appropriate, which
restrains or compels the specific performance of the individual wastewater discharge permit, order,
or other requirement imposed by this Ordinance on activities of the User. The Director may also seek
such other action as is appropriate for legal and/or equitable relief, including a requirement for the
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User to conduct environmental remediation. A petition for injunctive relief shall not be a bar against,
or a prerequisite for, taking any other action against a User.
B. Remedies Nonexclusive
The remedies provided for in this Ordinance are not exclusive. The Director may take any, all, or any
combination of these actions against a noncompliant User. Enforcement of pretreatment violations
will generally be in accordance with the County’s enforcement response plan. However, the director
may take other action against any User when the circumstances warrant. Further, the Director is
empowered to take more than one enforcement action against any noncompliant User.
SECTION TWELVE: Supplemental Enforcement Action
A. Discharge Quality Bonds
The Director may decline to issue or reissue an individual wastewater discharge permit to any User
who has failed to comply with any provision of this Ordinance, a previous individual wastewater
discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement,
unless such User first files a satisfactory bond, payable to the District, in a sum not to exceed a value
determined by the Director to be necessary to achieve consistent compliance. Said bond shall be
further conditioned upon the Industrial User's prompt payment of all charges assessed to the Industrial
User by the District under this Ordinance resulting from the Industrial User's failure to comply with
any of the provisions herein, and to the Industrial User fully indemnifying and protecting the County
and the District from any and all penalties, damages and/or claims for penalties and damages
(including attorney's fees and costs for defending any and all such claims, including appeals) arising
or resulting from the Industrial User's failure to comply with any provision of this Ordinance and/or
the State and Federal Regulations relating to water pollution control.
SECTION THIRTEEN: Affirmative Defenses to Discharge Violations
A. Upset
1. An upset does not constitute noncompliance to the extent caused by operational error,
improperly designed treatment facilities, inadequate treatment facilities, lack of
preventive maintenance, or careless or improper operation.
2. An upset shall provide an affirmative defense to noncompliance provided that proper
notification and documentation are demonstrated. User must demonstrate that the
facility was being properly maintained and operated at the time of upset.
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3. A user who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs, or other relevant evidence
that:
a. An upset occurred and the user can identify the cause(s) of the upset;
b. The facility was at the time being operated in a prudent and workman-like
manner and in compliance with applicable operation and maintenance
procedures; and
c. The user has submitted the following information to the District within twenty-
four (24) hours of becoming aware of the upset.
1. A description of the indirect discharge and cause of noncompliance;
2. The period of noncompliance, including exact dates and times or, if not
corrected, the anticipated time the noncompliance is expected to
continue; and
3. Steps being taken and/or planned to reduce, eliminate, and prevent
recurrence of the noncompliance.
B. Prohibited Discharge Standards
1. A user shall have an affirmative defense to an enforcement action brought against it
for noncompliance with the general prohibitions in section 2.A.1 of this Ordinance or
the specific prohibitions in section 2.A.2 of this Ordinance if it can prove that it did
not know, or have reason to know, that its discharge, along or in conjunction with
discharges from other sources, would cause pass through or interference and that
either:
a. A Local Limit exists for each pollutant discharged and the User was in
compliance with each limit directly prior to, and during, the Pass Through or
Interference; or
b. No Local Limit exists, but the User's discharge did not change substantially in
nature or constituents from the User's prior discharge when POTW was
regularly in compliance with its permit requirements and was in compliance
with all applicable requirements for domestic wastewater residuals.
C. Bypass
1. Bypass not violating applicable pretreatment standards or requirements. An industrial
user may allow any bypass to occur which does not cause pretreatment standards or
requirements to be violated, but only if it is for essential maintenance to assure efficient
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operation. These bypasses are not subject to the provision of subsections C.2. and C.3.
below.
2. Bypass notifications
a. If an industrial user knows in advance of the need for a bypass, it shall submit
a notice to the District at least ten days before the date of the bypass. If the
industrial user does not know of the need for a bypass ten days prior to the
bypass then the industrial user shall notify the District immediately upon
knowledge of the need for the bypass.
b. An industrial user shall submit oral notice of an unanticipated bypass that
exceeds applicable pretreatment standards to the District within 24 hours from
the time the industrial user becomes aware of the bypass. A written submission
shall also be provided within 5 days of the time the industrial user becomes
aware of the bypass. The written submission shall contain:
1. A description of the bypass and its cause;
2. The duration of the bypass, including exact dates and times, and, if the
bypass has not been corrected, the anticipated time it is expected to
continue; and
3. Steps taken or planned to reduce, eliminate, and prevent recurrence of the
bypass.
3. Prohibition of bypass
a. Bypass is prohibited, and the District shall take enforcement action against an
industrial user for a bypass, unless:
1. Bypass was unavoidable to prevent loss of life, personal injury, or severe
property damage;
2. There were no technically feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated wastes, or
maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate back-up equipment should have been
installed in the exercise of reasonable engineering judgment to prevent a
bypass which occurred during normal periods of equipment downtime or
preventative maintenance; and
3. The industrial user submitted notices as required under subsection C.2.
above.
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b. The District shall approve an anticipated bypass, after considering its adverse
effects, if the District determines that it will meet the three conditions listed in
subsection C.3.a above.
SECTION FOURTEEN: Miscellaneous Provisions
A. Service Connections
1. All applicants for service, whether or not such service is to be provided to property
within the District area, expressly agree as a condition of acceptance of service to abide
by the rules and regulations delineated herein.
2. All cost and expenses related to the installation and connection of the building sewer
shall be the responsibility of the Owner. The Owner shall indemnify the District from
any loss or damage that may directly or indirectly be occasioned by the installation of
the building sewer.
3. Use of Manholes. When required by the District, the Owner of any property serviced
by a building sewer carrying industrial wastes shall install a suitable manhole built in
accordance with the Collier County Utilities Standards Manual together with such
necessary meters and other appurtenances in the building sewer to facilitate
observation, sampling, and measurement of all wastes. Such manhole, when required
by the District, shall be constructed in accordance with plans approved by the District.
The manhole shall be installed by the Owner at no expense to the County. Each such
manhole shall be maintained by Owner so as to be safe and accessible at all times.
B. Service charge and fees
1. The Board of County Commissioners as Ex-officio Board of the Collier County Water-
Sewer District hereby adopts the Fees, Rates, and Charges as set forth in Schedule 1
and 2; inclusive, appended hereto as Appendix A, which shall be imposed upon all
Users of the Collier County Water-Sewer District services within the District
boundaries and outside the District boundaries subject to appropriate mutual
agreements. These rates, fees, and charges may be changed from time to time by
Resolutions of the Board of County Commissioners as Ex-officio Board of the Collier
County Water-Sewer District, provided the Board holds an advertised public hearing
with regard to the Schedule amendments. The hearing may be placed on the Board's
Summary Agenda and remain there for final action of the Board if no one removes the
matter from that part of the agenda.
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2. Charges and Fees.
3. The District may adopt charges and fees which may include but are not limited to:
a. Fees for reimbursement of costs of setting up and operating the District's
pretreatment program;
b. Fee for monitoring, inspection and surveillance procedures;
c. Fee for reviewing accidental discharge procedures and construction;
d. Fees for permit applications;
e. Fees for filing appeals;
f. Fees for consistent removal (by the District) of pollutants otherwise subject to
Federal Pretreatment Standards;
g. Amount of effluent bond;
h. Fees for special arrangements; and
i. Other fees as the District may deem necessary to carry out the requirements
contained herein.
4. Wastewater system Users determined by the County to be included in the "FOG" (Fats,
Oil and Grease) Program shall pay a monthly Supplemental Service Charge to be
established by Resolution of the Board of County Commissioners. These charges are
to pay for additional services required to monitor wastes being discharged by such
Users. This charge shall be separate and distinct from the excess strength surcharge.
This Supplemental Service Charge will be levied to cover costs for:
a. Monitoring, inspections and surveillance procedures;
b. Collection and analyses of wastewater samples;
c. Collection and evaluation of monitoring data;
d. Equipment servicing by an independent service company; and
e. Other requirements deemed necessary to implement the pretreatment program
as delineated in this Ordinance.
5. These fees are related solely to the matters covered by this Ordinance and are separate
from all other fees chargeable by the District.
C. Liberal construction; declaration of exclusions from the Administrative Procedures Act
The provisions of this article shall be liberally construed to effectively carry out its purpose
in the interest of public health, safety, welfare and convenience. No part of any
administrative procedures law(s), rules and/or regulations applies to this article. The laws,
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rules and regulations that will apply will be those of the forum to which the matter is
referred for enforcement.
D. Special arrangements
1. Nothing in this Ordinance shall prevent any special agreement or arrangement between
the District and any industrial concern, whereby an industrial waste (or wastes) of
unusual strength and/or character may be accepted by the District for treatment, when,
in the judgment of the District, acceptance of same by the District will aid in treatment
of such waste(s) by that industrial concern.
2. Determination of Acceptability. In forming the opinion as to the acceptability of the
wastes, the District will consider such factors as the quantities of subject wastes in
relation to flows and velocities in the sewers, materials of construction of the se wers,
nature of the sewage treatment plant, degree of treatability of wastes in the sewage
treatment plant, and other relevant factors.
E. Appendices
APPENDIX A – FEES, RATES AND CHARGES
COLLIER COUNTY WATER-SEWER DISTRICT
INDUSTRIAL PRETREATMENT ORDINANCE
SCHEDULE 1 – EXCESS STRENGTH WASTE SURCHARGES
The Industrial Waste Surcharge is a mechanism to recover costs incurred when treating high
strength wastes discharged by some industrial and commercial users to the wastewater system. These
additional funds are needed to cover the cost of operations and maintenance at the Publicly Owned
Treatment Works (POTW) and laboratory.
A. Rates For Excess Strength Wastewater
(1) A customer discharging excess strength wastewater into the County's wastewater system
shall be assessed a laboratory charge based on the cost of collecting and analyzing
samples used to determine the strength and characteristics of the waste.
(2) Where automatic sampling equipment is required by the County or requested by the
customer and such equipment is owned and/or maintained by the County, a monthly
sampling charge shall be assessed based on the cost to the County of operation and
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maintenance of the equipment plus depreciation. The customer must be responsible for
security of the automatic sampler.
(3) A customer discharging excess strength waste into the wastewater system shall be
assessed normal strength wastewater charges in addition to excess strength charges
calculated according to the following formula:
B. Excess Strength Fee ($) = [Y/X - 1] × [Z] × [0.5 × A]
Y = Measured concentration of wastewater constituent.
X = Concentration of constituent in normal strength wastewater.
Z = Thousands of gallons of excess strength wastewater discharged into the County's
wastewater system.
A = Normal strength wastewater rate per thousand gallons.
Excess strength surcharges shall be applicable only to the following conventional constituents: BOD,
COD, Total Suspended Solids and Total Kjeldahl Nitrogen. When COD is indicative of the excess
wastewater strength, it shall be the preferred measurement parameter. Where the wastewater contains
more than one excess strength constituent, the charge shall be based on the constituent which results
in the greatest charge.
SCHEDULE 2 – PRETREATMENT PROGRAM FEES AND CHARGES
ITEM CHARGE
Industrial User Permit Application Fee (based on 7 man-hours per
permit)
$440.00
Industrial User Amended Permit Application Fee (based on 5 man-hours
per permit
$315.00
* Industrial User Permit Fee Discharge in gallons per day 0—24,999 $710.00
* Industrial User Permit Fee Discharge in gallons per day 25,000—
49,999
$860.00
* Industrial User Permit Fee Discharge in gallons per day 50,000—
99,999
$1010.00
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Industrial User Permit Fee Discharge in gallons per day greater than or
equal to 100,000 per day
$1160.00
Review of accidental discharge procedures and construction (based on 3
man-hours per review)
$185.00
** Monthly Supplemental Service Charge (FOG) Program
Establishments
$50.00
*** Total Suspended Solids Analysis (TSS) $25.00
*** Total Kjeldahl Nitrogen Analysis (TKN) $30.00
*** Chemical Oxygen Demand Analysis (COD) $35.00
*** Biochemical Oxygen Demand Analysis (BOD) $35.00
Industrial User Reinspection $410.00
Zero Discharge Industrial User Inspection $250.00
Automatic Sampler Usage Fee Per Day $40.00
* Industrial User Permit Fees for the industrial pretreatment program are flow based. Charges
are based on permitting costs and include fee for one (1) required annual industrial user
inspection.
** Monthly Supplemental Service Charge for Establishments that fall under the Fats, Oil and
Grease Program (FOG). Charges are based on one annual inspection, sampling and analysis,
and report preparation.
*** The cost of any laboratory analysis expenses incurred by the Collier County Wastewater
Division for purposes of determining compliance of an individual user with the Sewer Use
Ordinance shall be charged to the user, who shall reimburse the County promptly upon
receipt of said charge. This charge is subject to increase or decrease according to the
prevailing average cost per test.
SECTION FIFTEEN: Conflict and Severability
In the event this Ordinance conflicts with any other ordinance of Collier County or other
appliable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid
or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate,
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distinct and independent provision and such holding shall not affect the validity of the remaining
portion.
SECTION SIXTEEN: Inclusion in the Code of Laws and Ordinances
The provisions of this Ordinance shall become and be made part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered
to accomplish such, and the word “ordinance” may be changed to “section,” “article,” or any other
appropriate word.
SECTION SEVENTEEN: Effective Date
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this _____day of _________________2025.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA, AS THE
EX OFFICIO GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT
By: __________________________ By: _____________________________
, Deputy Clerk Burt L. Saunders, Chairman
Approved as to form and legality:
_______________________________
Jeffrey A. Klatzkow, County Attorney
Page 4411 of 6525
October 13, 2025
Samuel Jinkins
Environmental Specialist III
Collier County
5600 Warren Street
Naples, Florida 34113
Sam.Jinkins@colliercountyfl.gov
RE: Sewer Use Ordinance (SUO) Completeness Review
North County Water Reclamation Facility (WRF)
Permit No: FLA141399
Collier County
Dear Samuel Jinkins:
The Florida Department of Environmental Protection (Department) has completed a review of
Control Authority’s Draft SUO submitted on September 25, 2025. Based on the Department’s
review, it was determined that the Draft SUO satisfies the requirements of Chapter 62-625,
Florida Administrative Code (F.A.C.).
The Control Authority should schedule the Draft SUO for formal ratification by the appropriate
local government as soon as possible. Following final local government ratification of the
ordinance, the ratified SUO must be submitted to the Department as a substantial program
modification in accordance with Rule 62-625.510, F.A.C. The SUO shall become effective upon
final Department approval of the program modification.
Provide the Department with the anticipated schedule of ratification within 30 days of receipt of
this letter. If you have any questions or comments, please contact Brianna Cesaroni by phone at
(850)-245-8695, or via email at Brianna.Cesaroni@FloridaDEP.gov.
Sincerely,
Lauren Gottfreid
Program Administrator
Wastewater Management Program
Division of Water Resource Management
Page 4412 of 6525
Samuel Jinkins
North County WRF/FLA141399
Page 2 of 2
October 13, 2025
BC/LG
cc: Diane DiPascale, Collier County, Diane.DiPascale@colliercountyfl.gov
Lauren Gottfreid, DEP Tallahassee, Lauren.Gottfreid@FloridaDEP.gov
Laurel Keys, DEP Tallahassee, Laurel.Keys@FloridaDEP.gov
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