Ordinance 2012-13 oc� nor
By ORDINANCE NO. 2012 - 1 3
AN ORDINANCE AMENDING ORDINANCE NO. 2003-18, THE
COLLIER COUNTY INDUSTRIAL PRETREATMENT ORDINANCE,
AMENDING SECTION ONE: DEFINITIONS AND ABBREVIATIONS;
SECTION TWO: SCOPE OF APPLICATION OF THIS ORDINANCE,
RULES AND REGULATIONS; SECTION THREE: REPORTING
REQUIREMENTS; SECTION FOUR: MONITORING HAND`
INSPECTIONS; SECTION FIVE: VIOLATION AND PENALTIES;
SECTION SIX: CONFIDENTIALITY, PUBLIC RECORDS ;LAW;
SECTION SEVEN: SERVICE CHARGE AND FEES; PROVIDING FORD
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
�
INTO THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES;:
PROVIDING 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, 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
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 Florida Department of Environmental Protection is requiring the
CCWSD to update the Ordinance to comply with specific requirements of the facility operating
permits issued to the CCWSD's water reclamation facilities and the domestic transmission and
conveyance wastewater collection system.
Words Underlined are added; Words -Through are deleted.
Page 1 of 58
WHEREAS, this ordinance amendment is to comply with the Florida Department of
Environmental Protection's requirements by using the EPA Model Pretreatment Ordinance,
dated January 2007;
WHEREAS, the District intends 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; and
Whereas, the District intends 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; and
WHEREAS, the District intends to prevent the introduction of pollutants into the
District's wastewater system which will interfere with the operation of the system or contaminate
the resulting sludge; and
WHEREAS, the District intends to prevent the introduction of pollutants into the
District's wastewater system which will pass through the system, inadequately treated, into
receiving waters or into the atmosphere, or otherwise be incompatible with the system; and
WHEREAS, the District intends to improve the opportunity to recycle and reclaim
wastewater and sludge from the system; and
WHEREAS, the District intends to provide for equitable distribution of the cost of the
District's wastewater system; and
WHEREAS, the District intends to provide for the regulation of direct and indirect
contributors to the District's wastewater system through the issuance of permits to certain non-
domestic users and through enforcement activities; and
WHEREAS, this Ordinance shall continue to apply to the District and to persons outside
the District who are users of the County Publicly Owned Treatment Works.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE EX-OFFICIO
GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT,
that:
SECTION ONE: AMENDMENTS TO SECTION ONE OF ORDINANCE NO. 2003-18.
SECTION ONE: Definitions and Abbreviations.
A. Definitions
Words Underlined are added; Words S -Il}rettgh are deleted.
Page 2 of 58
Unless the context specifically indicates otherwise, the meaning of terms used in this
Ordinance shall be as follows:
1. "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.
�- 2. "Administrator" shall mean the administrator of the U.S. Environmental
Protection Agency or his duly authorized representative.
2, 3. "Authorized or Duly Authorized Representative of the User" shall mean: slhall-be
(a) If the user is a corporation:
i. 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
ii. 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) through c), 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
Words Underlined are added;Words Struck-Through are deleted.
Pane 3 of 58
or having overall responsibility for environmental matters for the
company, and the written authorization is submitted to Collier County.
4. "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 waste disposal, or
drainage from raw materials storage.
3: 5. "BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of
oxygen utilized in the biochemical oxidation of organic matter under standard
laboratory procedure ill for five(5)days at 20°C, expressed in milligrams per liter.
4-. 6. "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.
7. "Building Sewer" shall mean the extension from the building drain to the public
sewer or other place of disposal.
8. "Bypass" shall mean the intentional diversion of wastestreams from any portion
of a User's facility.
9. "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 CRF Chapter 1,
Subchapter N, Parts 405-471 and provides limitations on the introduction of
pollutants into the publicly owned treatment works. The term includes the
prohibited discharge standards under Sections 2.0-E of this Ordinance, including
local limits, as now or hereafter amended or superseded from time to time. The
term also includes the provisions of Rule 62-625.410, F.A.C. and subsection 62-
625.200(3), F.A.C., as now or hereafter amended or superseded from time to time.
10. "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.
11. "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.
Words Underlined are added; Words ask-Thfeugh are deleted.
Page 4 of 58
8: 12. "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.
13. "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.
14. "Control Authority" or "District" shall mean the Collier County Water-Sewer
District including the Collier County Public Utilities Division and Wastewater
Department and any of its Sub-Districts.
97 15. "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.
16. "Daily Maximum" shall mean the arithmetic average of all effluent samples for a
pollutant collected during a calendar day.
17. "Director" shall mean the Wastewater Director.
18. "Discharge" see definition of"Indirect Discharge".
t. ".e• - - - -
-1-1- 19. "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.
. !' - . . .. . . _ - ' . -
20. "District" or "Control Authority" shall mean the Collier County Water-Sewer
District including the Collier County Public Utilities Division and Wastewater
Department and any of its Sub-Districts.
-14 21. "Domestic Wastewater" shall mean wastewater discharged into the sanitary
sewers in which the concentration of Total Suspended Solids is not more than 400
mg/1, and BOD is not more than 2-59 350 mg/L, and COD is not more than 375
mg/L, and Total Phosphorous is not more than 15 mg/L, and Total Kjeldahl
Nitrogen is not more than 40 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."
Words Underlined are added;Words S hrough are deleted.
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22. "Duly Authorized Representative" see definition of "Authorized or Duly
Authorized Representative of the User"
1-5 23. "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.
24. "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.
25. "Excess Strength Surcharge" see definition of"Industrial Waste Surcharge".
26. "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.
17. "FOG Program" shall mean Fats, Oil & Grease Program.
3$27. "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(1/2) inch (1.27 centimeters) in any
dimension.
28. "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.
3 29. "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 Waste
Manual, American Water Works Association (Includes Fats and Oils).
N 30. "Grease Interceptor" shall mean a pretreatment device designed and installed to
separate animal fats, oils and other grease from entering the wastewater system.
2-I-31. "Grease Trap" shall mean a pretreatment device designed and installed to separate
animal fats, oils and other grease from entering the wastewater system.
22,32. "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.
2-3-33. "Indirect Discharge" or "Discharge" shall mean the discharge or introduction of
non-domestic pollutants from any source into wastewater facilities as regulated
Words Underlined are added; Words Struck gh are deleted.
Page 6 of 58
under Section 307(b), (c), or (d) of the Clean Water Act of 1977, as now or
hereafter amended or superceded from time to time.
" . . . _ - " . . _ !• . • - - . -- • . -
!!� -
2-5734. "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 normal wastewater.
2 35. "Industrial Wastes" shall mean the liquid wastes discharged from industrial
manufacturing processes, trades or businesses that has have characteristics
exceeding domestic wastewaters.
" - t - " -
- . . . . - . - . , . • , • .. . . . . . . -
36. "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.
28737. "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 Department and Chapter 403, F.S.
38. "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)t
F.A.C.
Words Underlined are added; Words Strut gh are deleted.
Page 7 of 58
39. "Manhole" shall mean a hole for which sewer, drains and pipes can be accessed
for maintenance, repairs and sample collection.
3&40. "May" is permissive as defined by the District.
41. "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.
42. "National Categorical Standard" see definition of "Categorical Pretreatment
Standard."•
. "• . . . . . • - . - - _ .. ... .II - "• - . - - _ .. . .. :" • .
. ! • . ! .•
43. "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:
b. The building, structure, facility, or installation is constructed at a site at
which no other source is located; or
c. The building, structure, facility or installation totally replaces the process
or production equipment that causes the discharge of pollutants at an
existing source; or
d. 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.
Construction on a site at which an existing source is located results
in a building, structure, facility, or installation meeting the criteria
of sections (b) or (c) above but otherwise alters, replaces, or adds
to existing process or production equipment.
Words Underlined are added; Words StFuek--Threugh are deleted.
Page 8 of 58
ii. Construction of a new source as defined under this paragraph has
commenced.
e. Begun, or caused to begin, as part of a continuous onsite construction
program.
i. Any placement, assembly, or installation of facilities or equipment;
or
ii. 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
f. 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.
33:44. "Noncompliance" shall mean any violation of any part of this Ordinance, local
limits, industrial wastewater discharge permit, or National Categorical
Pretreatment Standard.
45. "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.
34 46. "Oil Separator" shall mean a pretreatment device designed and installed to
separate petroleum based oil and grease from wastewater.
35,47. "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.
48. "Pass Through" shall mean a discharge which exits the POTW into waters of the
United States in quantities or concentrations which, alone or in conjunction with a
discharge or discharges from other sources, is a cause of a violation of any
requirement of Collier County's NPDES permit, including an increase in the
magnitude or duration of a violation.
367 49. "Person" shall mean any individual, firm, partnership, company, government
entity, association, society, corporation, or similar or dissimilar group or entity.
377 50. "pH" shall mean a measure of the acidity or alkalinity of a solution, expressed in
standard units - - . .... ! _ • -•. -•_• • . -
38,51. "Pollution" shall mean the man-made or man-induced alteration of the chemical,
physical, biological or radiological integrity of water.
Words Underlined are added; Words Straeugh are deleted.
Paee 9 of 58
3 52. "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 andier—iiidustal, municipal, agricultural and
industrial wastes, and certain characteristics of wastewater (e.g. pH, temperature,
TSS, turbidity, color, BOD, COD, toxicity, or odor)
40 53. "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 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.
4-1,54. "Pretreatment Requirements" shall mean any substantive or procedural
requirement related to pretreatment other than a
Pretreatment Standard imposed on a non-domestic wastewater discharger.
55. "Pretreatment Standards or Standards" Pretreatment standards shall mean
prohibited discharge standards, categorical pretreatment standards, and local
limits.
56. "Prohibited Discharge Standards" or "Prohibited Discharges" shall mean absolute
prohibitions against the discharge of certain substances; these prohibitions appear
in Section 2.0 and Section 2.D of this ordinance.
43: 57. "Publicly Owned Treatment Works" or (-ROWS) "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.
44. 58. "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.
4 59. "Public Utilities Administrator" shall mean the individual designated by the
Collier County Board of County Commissioners or by the County Manager to
supervise the operation of the PAWS POTW or that individual's duly authorized
deputy, agent or representative.
Words Underlined are added; Words Stet ettgh are deleted.
Pao. 10 of 5R
4-60. "Sanitary Sewer" shall mean a sewer that carries sewage and to which storm,
surface waters and ground waters are not intentionally admitted.
4.7:61. "Sewage" shall mean human excrement and gray water (household showers,
dishwashing operations, etc.) . . . . - _.. - . . - • .
, . . . . . • _ , . . . . - . - . : ' . - ,
48,62. "Sewage Treatment Plant" shall mean all facilities that treat and/or dispose of
sewage.
50 63. "Sewer" shall mean a pipe or conduit for carrying sewage.
64. "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. Severe property damage does not
mean economic loss caused by delays in production.
65. "Significant Industrial User" shall mean:
a. A user subject to categorical pretreatment standards; or
b. A user that:
i. 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),
ii. 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
iii. Is designated as such by the County on the basis that the user has a
reasonable potential for adversely affecting the POTW operation of
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 boiler blowdown
wastewater, unless specifically included in the pretreatment standard) and
if the following conditions are met.
Words Underlined are added; Words ask- row are deleted.
Page I 1 of 58
i. The Industrial User, prior to the Districts finding, has consistently
complied with all applicable categorical Pretreatment Standards and
Requirements~
ii. The Industrial User annually submits the certification statement
required in Section 2.B.8 of this Ordinance, together with any
additional information necessary to support the certification statement:
and
iii. 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 (b) above has
no reasonable potential for adversely affecting the POTWS 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.
54-66. "Shall" and "Will" are mandatory as defined by the District.
52,67. "Significant Noncompliance" or "SNC" Violation" 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 instantaneous 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
instantaneous limits, multiplied by the applicable TRC (TRC=l.4 for
BOD, TSS, Total Oil and Grease, and 1.2 for all other pollutants except
pH),
c. Any other violation 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 through (including endangering the health
of POTW personnel or the general public),
Words Underlined are added; Words Straek—Thfough are deleted.
Page 12 of 58
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,
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.
68. "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 sections 2.0 and 2.D of this ordinance ,
b .
- . . . . . .: . - . . . •. . A slug discharge is any
discharge of a non-routine, episodic nature, including by 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.
54. 69. "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.
70. "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.
56: " .. . . tI - -- - - - " - - " _. . .. - . -•-
Words Underlined are added; Words Strums are deleted.
Page 13 of 58
71. "Storm Water" shall mean any flow occurring during or following any form of
natural precipitation, and resulting from such precipitation, including snowmelt.
3 72. "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.
38: 73. "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.
.9. 74. "Toxic Pollutant" shall mean any pollutant or combination of pollutants listed as a
toxic pollutant in the toxin regulations listed in the CWA Clean Water Act
Section E�� Tr307 promulgated by the Administrator of the Environmental
Protection Agency under the provisions of the Clean Water Act, as now or
hereafter amended or superceded from time to time.
75. "Treatment Plant" see definition of"Wastewater Treatment Plant."
76. "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.
60 77. "User" shall mean any person or industrial user who contributes, causes, permits
or suffers any contribution of wastewater into the County's POTWSPOTW.
64- 78. "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.
627 79. "Wastewater Director" or "Director" shall mean the individual designated by the
Public Utilities Administrator to supervise operations of the POTWSPOTW.
80. "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.
63, 81. "Watercourse" shall mean a canal or channel in which a flow of water occurs,
continuously or intermittently.
B. Abbreviations
•
"BOD" Biochemical Oxygen Demand
Words Underlined are added;Words Through are deleted.
Page 14 of 58
47 "CFR" Code of Federal Regulations
57 "COD" Chemical Oxygen Demand
" "' . . ... -- - - . - - • : -.-• - - : _ .
"EPA" U.S. Environmental Protection Agency
87 "FOG" Fats, Oil and Grease
9. "mg/L" Milligram per liter
11. "POTWS" Publicly Owned Treatment Works
12. "ppm" Parts Per Million
13. "SIC" Standard Industrial Classification
11. "TSS" Total Suspended Solids
15. "TKN" Total Kjeldahl Nitrogen
16. "WEF" Water Environment Federation
L "BMP Best Management Practices
2. "CFR" Code of Federal Regulation
3. "COD" Chemical Oxygen Demand
4. "EPA" United States Environmental Protection Agency
5. "F.A.C." Florida Administrative Code
6. "FDEP" Florida Department of Environmental Protection
7. "FOG" Fats, Oil, and Grease
8. "F.S." Florida Statutes
9. "gpd" Gallons Per Day
10. "IU" Industrial User
11. "mg/l" Milligrams Per Liter
12. "NPDES" National Pollutant Discharge Elimination System
13. "NSCIU" Non-Significant Categorical Industrial User
14. "POTW" Publicly Owned Treatment Works
15. "SIC" Standard Industrial Classification
16. "SNC" Significant Noncompliance
17. "TKN" Total Kjeldahl Nitrogen
18. "TRC" Technical Review Criteria
19. "TSS" Total Suspended Solids
20. "U.S.C." United States Code
SECTION TWO: AMENDMENTS TO SECTION TWO OF ORDINANCE NO. 2003-18.
SECTION TWO: Scope of Application of this Ordinance; Rules and Regulations
A. 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, Wastewater Director shall administer,
implement, and enforce the provisions of this ordinance. Any powers granted to or duties
Words Underlined are added; Words Stftteugh are deleted.
Pane 15 of 58
imposed upon the Director may be delegated by Director to a duly authorized County
employee.
B. Discharge of Industrial Waste.
1. Any OwnerUser 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 Districts an additional application for discharge permit in
accordance with section 2.B.2 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 promptly within thirty (30) days by an
approved independent laboratory and be submitted within ninety (90) days
promptly 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 promptly 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.
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.
2. Discharge Permit Applications
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 2.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 POTWSPOTW
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.
Words Underlined are added;Words StFuek—Thfeugh are deleted.
Page 16 of 58
i. The name and address of the facility, including the name of the
operator and owner.
ii. Contact information, description of activities, facilities, and plant
production processes on the premises;
b. Environmental Permits.
A list of any environmental control permits held by or for the facility.
c. Description of Operations.
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.
ii. 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;
iii. Number and type of employees, hours of operation, and proposed
or actual hours of operation;
iv. Type and amount of raw materials processed (average and
maximum per day);
v. 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;
d. Time and duration of discharges;
e. The location for monitoring all wastes covered by the permit;
f. 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.
Measurement of Pollutants.
The categorical Pretreatment Standards applicable to each
regulated process and any new categorically regulated processes
for Existing Sources.
ii. 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.
iii. Instantaneous, Daily Maximum, and long-term average
concentrations, or mass, where required, shall be reported.
iv. The samples shall be representative of daily operations and shall be
collected and analyzed in accordance with procedures set out in
Section 2.P of this ordinance.
v. 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.
Words Underlined are added; Words Strtieugh are deleted.
Page 17 of 58
h. Any other information as may be deemed necessary by the District to
evaluate the permit application.
Incomplete or inaccurate applications will not be processed and will be
returned to the User for revision.
3. Issuance of Discharge Permits
a. 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. Discharge permits shall be valid for a term of three
(3) years 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. 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 2.B.7. Discharge
permits shall be renewed by completing the permit application form and
subsequent review of the application and historical compliance records.
b. 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 5 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.
c. Any person, including the User, may petition the District to reconsider the
terms of a wastewater discharge permit within 30 days of its issuance.
Failure to submit a timely petition for review shall be deemed to be
a waiver of the administrative appeal.
ii. 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
iii. The effectiveness of the wastewater discharge permit shall not be
stayed pending the appeal.
iv. 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
Words Underlined are added; Words StfusIE-ThFeugh are deleted.
Page 18 of 58
wastewater discharge permit, or not to modify a wastewater
discharge permit shall be considered final administrative actions
for purposes of judicial review.
v. 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
Section 95.11, Florida Statutes.
d. 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.
e. 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.
i. Wastewater discharge permits must contain:
Cal 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 2.B.7 of this ordinance, and
provisions for furnishing the new owner or operator with a
copy of the existing wastewater discharge permit;
Lc) 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.
tej 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;
ii. Wastewater discharge permits may contain, but need not be limited
to, the following conditions:
Words Underlined are added; Words Stmek--ThFeugh are deleted.
Page 19 of 58
Limits on the average and/or maximum rate of discharge,
time of discharge, and/or requirements for flow regulation
and equalization;
fb), 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;
L) Development and implementation of waste minimization
plans to reduce the amount of pollutants discharged to the
POTW;
The unit charge or schedule of User charges and fees for
the management of the wastewater discharged to the
POTW;
Requirements for installation and maintenance of
inspection and sampling facilities and equipment, including
flow measurement devices;
A statement that compliance with the wastewater discharge
permit does not relieve the permittee of responsibility for
compliance with all applicable Federal and State
Pretreatment Standards, including those which become
effective during the term of the wastewater discharge
permit; and
�h1 Other conditions as deemed appropriate by the District to
ensure compliance with this ordinance, and State and
Federal laws, rules, and regulations.
f. The District may modify a wastewater discharge permit for good cause,
including, but not limited to, the following reasons:
To incorporate any new or revised Federal, State, or local
Pretreatment Standards or Requirements;
ii. 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;
iii. A change in the POTW that requires either a temporary or
permanent reduction or elimination of the authorized discharge;
iv. Information indicating that the permitted discharge poses a threat
to the POTW, County personnel, or the receiving water;
v. Violation of any terms or conditions of the individual wastewater
discharge permit;
vi. Misrepresentations or failure to fully disclose all relevant facts in
the wastewater discharge permit application or in any required
reporting;
Words Underlined are added; Words StruelE-Thmottgli are deleted.
Page 20 of 58
vii. Revision of or a grant of variance from categorical Pretreatment
Standards pursuant to Rule 62-625.700, F.A.C;
viii. To correct typographical or other errors in the individual
wastewater discharge permit; or
ix. To reflect a transfer of the facility ownership or operation to a new
owner or operator where requested in accordance with Section
2.B.7.
4. Certification Statement.
!• - . . . . . •
. . - . . _ •.
a. All wastewater discharge permit applications and user reports must be
signed by an authorized representative of the user and contain the
following certification statement:
"I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted.
Based on my inquiry of the person or persons who manage the
system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that
there are significant penalties for submitting false information,
including the possibility of fine and imprisonment for knowing
violations."
b. 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 the District prior to or together with
any reports to be signed by an Authorized Representative.
5. 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.
6. 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.
Words Underlined are added; Words StRiEk-Thfeogh are deleted.
Page 21 of 58
7. Transfer of Discharge Permits
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:
a. States that the new owner and/or operator has no immediate intent to
change the facility's operations and processes;
b. Identifies the specific date on which the transfer is to occur; and
c. Acknowledges full responsibility for complying with the existing
wastewater discharge permit.
Failure to provide advance notice of a transfer renders the wastewater discharge
permit void as of the date of facility transfer.
8. 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 Section 1.A.65(c) of this Ordinance must
annually submit the following certification statement signed by a duly authorized
representative. This certification must accompany an alternative report required
by Director and shall include but may not be limited to all records of the proper
disposal of all categorical industrial wastes:
"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)J, 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 namel 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]."
C. Discharge Quality Bond.
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
Words Underlined are added; Words Struek-Threugh are deleted.
Pane 22 of 58
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.
D. General Prohibitions.
. .• - _-, _. . - . -
-- - , .. . _ . - , - - • - • - , . . . . , . . . . . _-,
2.1. No person shall enter, obstruct, uncover or tamper with any portion of the County
sewer system, or connect to same, or discharge any wastewater or any other
substance directly or indirectly into a manhole or other opening in the County
sewerage system except in strict compliance with all requirements established in
this (or incorporated by reference into Ordinance) and through service sewers
approved by the Wastewater Director. The Wastewater Director may grant
permission and establish requirements and policies for such direet discharges. No
person shall remove or demolish any building or structure that has any plumbing
fixtures connected directly or indirectly to the County sewer without first
notifying the District of such intent. All openings in or leading to the County
sewer line or lines caused by such work shall be sealed watertight and inspected
by the District before being backfilled.
3:2. No person shall fill, backfill over, cover or obstruct access to any sewer manhole.
43. 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.
574. 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 Standards or any other National, State, or local
Pretreatment Standards or Requirements.
Words Underlined are added; Words Stms1E—Thfeugh are deleted.
Page 23 of 58
5. Other discharge limitations established to prevent pass through or interferences
with the operation or performance of the POTWSPOTW are specified by the
following.
E. Specific Prohibitions.
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, wastestreams 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(1/2") 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 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 2.0 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 NPDES permits;
Words Underlined are added; Words Stftlek-Thr-ettgh are deleted.
Page 24 of 58
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, condensate, deionized water,
Noncontact Cooling Water, and unpolluted wastewater, unless specifically
authorized by the Director;
13. Sludges, screenings, or other residues from the pretreatment of industrial wastes;
14. Medical Wastes, except as specifically authorized by the Director in an individual
wastewater discharge permit;
15. Wastewater causing, alone or in conjunction with other sources, the treatment
plant's effluent to fail toxicity test;
16. Detergents, surface-active agents, or other substances which that might cause
excessive foaming in the POTW;
17. Fats, oils, or greases of animal or vegetable origin in concentrations greater than
one-hundred (100) mg/1;
18. 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.
Pollutants, substances, or wastewaterprohibited by this Section shall not be processed or
stored in such a manner that they could be discharged to the POTW.
s .
. •• - -
POTWS whether or not the User is subject to the National Categorical
- • - - . .
-- . . ••• • .
Vo • -
:, - -. •, - • - • -, . • :, . . , • "9 .' • ' • • ,
Words Underlined are added; Words St -Through are deleted.
Page 25 of 58
-, . . . -, . . . -, • . . . -, . - . . , . . . � •.. Z•: -)
- - • -
s
•
0
. . . .:, - • , ..- . , - , :, . - •- -, •
-• .. . . . , -- . , - .•- , , . . . . -• . • . ••- , - •- • • :••- ,
.• , . .. • , ..:, . . • , _ , . , . . • .•
. . . - . : . •• . . . . . 2.: •- . , . :,
•
Ordinance,
POTWS.
. . .. .
. . . .
. . . . • . . •
. . - - •
-
. . s . . . -
• - - - ' • - e
. •
• ' •
- .
- I , • .
• • • • •
method
Words Underlined are added; Words Strums are deleted.
Page 26 of 58
•
• - • •
that exceeds 40°C(101°F).
. . - . .w - . • .. . , .. , - - - ,••
- - - I. •
°_ 14°_ !° 4 !°
• • • 1
• • • -
E, item b). The installation and operation of any garbage grinder
Administrator-or-designee,
. . . , : .. .
walk=
Words Underlined are added;Words Stfuek—Thfetigh are deleted.
Page 27 of 58
_ • _ - -, _. . _ .. :, • .
slugs.
- . 5 -- .
- - - - - - .. .
- . - • _ -
F. Local Limits.
a. Cyanide 0.1 mg/L
b. Arsenic 0.1 mg/L
c. Cadmium 0.10 mg/L
d. Total Chromium 0.9 mg/L
c. Copper 0.1 mg/L
f. Lead 0.2 mg/L
g. Mercury 0.03 mg/L
h. Nickel 0.9 mg/L
i. Silver 0.1 mg/L
j. Zinc 0.9 mg/L
k. Oil/Greasc 100 mg/L
1. pH > 5.5 < 11.0 pH Units
- - - -
Words Underlined are added;Words Struck rough are deleted.
Page 28 of 58
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 POTWS using standard procedures, calculations
and methods acceptable to the State to protect against pass through interference,
protections of POTWS 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 dischargepermit 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 Department
Environmental Compliance Section
5600 Warren Street
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
Sections 2.D and 2.E of this Ordinance.
G. National Categorical Pretreatment Standards.
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.
Words Underlined are added;Words StrEtsk-Through are deleted.
• Page 29 of 58
1. 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.
2. 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.
3. 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.
4. 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.
5. A user may obtain a net gross adjustment to a categorical standard in accordance
with Rule 62-625.820, F.A.C.
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 40
CFR, Section 403.12 Rule 62-625.600, F.A.C., as now or hereafter amended or
superceded from time to time.
H. Accidental Discharge/Slug 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 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 SPOTW after the effective date of this Ordinance shall be
permitted to introduce pollutants into the system until slug discharge procedures have
Words Underlined are added;Words Straw are deleted.
Page 30 of 58
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.
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. An accidental discharge/slug odor control plan
shall address, at a minimum, the following:
1. Description of discharge practices, including non-routine batch discharges;
2. Description of stored chemicals;
3. Procedures for immediately notifying the District of any accidental or slug
discharge and
4. 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.
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
Sections 2.D and 2.E 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 relieved 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 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. Alternative Discharge Limits. The User(s) may seek, at their expense, modified
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Page 31 of 58
• •. • I _ ' 4
I,J. Excessive Discharge.
Unless expressly authorized to do so by an applicable pretreatment standard or
requirement,Nno User shall ever increase the use of process water adequate treatment to
achieve compliance with the limitations of the National Categorical Pretreatment
Standards, or in any other pollutant-specific limitation of the County, the District, or the
State. The District shall impose mass limitations on industrial users which are using
dilution to meet applicable pretreatment standards or requirements.
1? K. Pretreatment Facilities.
1. Approval of Pretreatment Facilities.
If the District permits the pretreatment or equalization of waste flows, the design
and installation of the plant(s) and/or equipment shall be subject to the review and
approval of the District, and be subject to all requirements of all then applicable
codes, ordinances, and/or laws.
2. Maintenance of Pretreatment Facilities.
Where preliminary treatment or flow equalizing facilities are provided for any
water(s) or waste(s), they shall be maintained continuously in satisfactory and
effective operation by Owner and at no expense to the County.
L. Additional Pretreatment Measures.
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.
M. Fats, Oils and Grease (FOG) Program.
1. Use of Oil Interceptors and Grease Traps under the FOG Program.
a. All oil interceptors and Ggrease Ttraps 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. Requests for deviations
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Page 32 of 58
in accordance the procedures outlined in the Collier County Utilities
Standards Manual may be completed and submitted to the District for•review. ... - . - • - . . . . - : . :
b. and aAll 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 2.E.17 of this
Ordinance, wastewater containing amounts of grease in excess of 100 mg/1
shall not be discharged into the wastewater system.
c. 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. -and-a
d. 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,
and/er any vehicle storage facility, and/or facility that use utilizes of any
petroleum base product(s).
e. The owner and/or operator of a premise 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, and shall promptly provide the County with copies of all
receipts for grease/oil removal. Upon completion of an on-site inspection,
the inspector may issue a written notice to the facility representative to
document any discrepancies, noncompliances, enforcement actions,
special instruction(s) or other guidance identified during the compliance
evaluation.
f. Each business shall pay a monthly Supplemental Service Charge as
established by Resolution of the Board of County Commissioners.
The use of any chemical(s) to dissolve grease is not permitted in the
wastewater collection system.
h. 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.
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Page 33 of 58
2. . Wastewater containing cooking oil should not be
discharged into the wastewater system.
N. 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 Utility Technical 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.
O. Hauled Waste
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/10 CFR 261 Chapter 62-730, F.A.C.,be discharged
to any District facility. Hauled waste of commercial or industrial origin or hauled waste
of unusually high strength may be discharged only if the original source of the waste has
received expressed prior written approval from the District.
P. Sampling,Measurements, Tests and Analysis.
All sampling, measurements, tests, and analyses of the characteristics of waters
and wastes to which references is made in this Ordinance shall be determined in
accordance with • - • . . "_ •• . -, • .• - .
- .
in function` 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. and All
sampling and analysis shall be determined at the manhole provided,er---upen—suitable
to reflect the effect of constituents upon the sewage-wefiEs POTW and to
determine the existence of hazard(s) to life, limb, and/or property. particular
• . .
• -
1. Samples collected to satisfy reporting requirements must be based on data
obtained through appropriate sampling and analysis performed during the period
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Page 34 of 58
covered by the report, based on data that is representative of conditions occurring
during the reporting period.
a. Except as indicated in section (b), 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-00l/01,
multiple grab samples collected during a 24-hour period may be
composited prior to the analysis as follows:
i. Samples for cyanide, total phenols, and sulfides may be
composited in the laboratory or in the field;
iL Samples for volatile organics and oil and grease may be
composited in the laboratory.
iii. 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.
b. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides,
and volatile organic compounds must be obtained using grab collection
techniques.
c. Oil and grease samples shall be collected in accordance with section
2.P.1.(a) 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.
d. For sampling required in support of baseline monitoring and 90-day
compliance reports required in Sections 3.A and 3.0 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 paragraphs 3.D and 3.H of
this Ordinance, the Industrial User is required to collect the number of
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Page 35 of 58
grab samples necessary to assess and assure compliance by with
applicable Pretreatment Standards and Requirements.
Q. 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 sewers, nature of the sewage treatment plant, degree of treatability of
wastes in the sewage treatment plant, and other relevant factors.
R. State Pretreatment Standards ' =• .' • ; - - • ' - - •' - • . e--requifemens
Users must comply with Pretreatment Requirements for Existing and New
Sources of Pollution codified at Chapter 62-625, F.A.C.
S. County's and District's 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.
T. Prohibited Discharge Standards.
A user shall have an affirmative defense to an enforcement action brought against it for
noncompliance with the general prohibitions in Section 2.D of this Ordinance or the
specific prohibitions in Section 2.E of this Ordinance if it can prove that it did not know,
or have reason to know, that its discharge, alone or in conjunction with discharges from
other sources, would cause pass through or interference and that either:
1. 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
2. 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 NPDES permit requirements and was in compliance with
all applicable requirements for domestic wastewater residuals.
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Pane 36 of 58
U. 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 paragraph 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 paragraph 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 3.A of this ordinance. The
requirement shall specify 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;
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 THREE: AMENDMENTS TO SECTION THREE OF ORDINANCE NO.
2003-18.
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Page 37 of 58
SECTION THREE: Reporting Requirements.
A. Baseline Report.
1. Within either one hundred and eighty (180) days after the effective date of a
€categorical Ppretreatment Sstandard, or the final administrative decision on a
category determination under 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 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. all-Industfial
e' -•- . - . -_ - .. - - - . •
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
POTWSPOTW 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: • : - - :.--9 •- _ = . . ;
i. Regulated process streams, and
ii. 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. - . . . .. - _ .. . .. : . . . . . - . . - -_• : . . .
- - r. - - ' -
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Page 38 of 58
!!.
. AAA
. ! . . -• - ' • .
. ! . . . .
. . • .... • .•
•• .. , . - r- - :. ..
The User shall take a minimum of one representative sample to compile
that data necessary to comply with the requirements of this paragraph.
-•- • - ., :, . , - - . . .•
. . . .. .
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 limit 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;
The information contained in sections 2.B.2.(g)i through 2.B.2(g)iv of this
Ordinance.
h. Sampling and analysis shall be performed in accordance with Section 2.P
of this Ordinance.
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Page 39 of 58
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;
L 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; and
k. A statement reviewed and signed by an authorized representative of the
Industrial User and certified by a qualified professional engineer
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. The statement must include but is
not limited to the language as described in section 2.B.4 of this ordinance.
1. 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 Section 3.B of this
Ordinance.
B. Compliance Schedule 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 date established
for the applicable National Categorical Pretreatment Standard. The following conditions
shall apply to the compliance schedule required by section 3.A.2.(l) of this Ordinance:
2,1. 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
Words Underlined are added; Words Stfuek-Threugh are deleted.
Page 40 of 58
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. 90-day Compliance Report.
1. An Any Industrial User then subject to the National Categorical Pretreatment
standards and associated Pretreatment Requirements will shall submit to the
District within ninety (90) days following the date for final compliance with said
applicable Pretreatment Standards and Requirements, or in the case of a new
connector source following commencement of wastewater discharge to the
POTWSPOTW, a report • -_ - . .. - . -, . - -
- • -
• : -• - - - - ' e . containing the requirements found in sections
3.A.2.(f) and(g)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
engineering professional. The statement must include but is not limited to the
language as described in sections 3.A.2(d)-(h) and (k) 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
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. A All Users then 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
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Page 41 of 58
with a Best Management Practice (BMP) or pollution prevention alternative, the
User must submit documentation required by the Director the Pretreatment
Standard 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 maintained in good working order at all times. 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.
2. 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 2.P of this
Ordinance, the results of this monitoring shall be included in the report.
3. 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.
4. These 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 2.B.4 of this Ordinance.
5. All Users not required to obtain a wastewater discharge permit shall provide
appropriate reports to the District as the District may require.
E. Notice of Potential Problems. •
I _ .. . .. . .. . . I - . , I - . - -- • - . - . ..
_ I " . . .. ..., . .."t , 1. . • • -•I ! - ', ': . .. . - • •. . . - - ;, , • - .. . . . . _. . - .. .
. "_ .. . _ • ' . . . . . r° .
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Page 42 of 58
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 POTWS 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 a 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 the 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 POTWS 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.
F. Noncompliance Notification.
.• .. .. . . . . . -•- - . . _. . . . .- . . - .
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.
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Page 43 of 58
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.
I4:G. Periodic Compliance Report for Industrial Users not subject to National Categorical
Standards. _ - - . . •
. . - - e - - - . •. - . • - . • - _
. : . -• .. • . : --• - . .. .. . . .• -
1. 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.
2. 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
Sections 2.P.2.(a)-(c) above. 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 Sections 2.P.2.(a)-(c) above. 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.
h H. Notification of Changed Discharge.
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.
1. 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 2.B of this Ordinance.
2. The Director may issue an individual wastewater discharge permit under Section
2.B.2 of this Ordinance or modify an existing wastewater discharge permit under
Section 2.B.3.(f) of this Ordinance in response to changed conditions or
anticipated changed conditions.
k I. • . • . . - .._.. . . . - !• - ., _ . Hazardous Wastes Discharge.
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Page 44 of 58
. . - •
. . . - J ! _ . .:. . Hazardous
Wastes as defined but not limited to Chapter 62-730, F.A.C., is prohibited to be
discharged into the POTW.
K7 J. Notice of Upset.
2. Period of noncompliance. Include dates and times. If upset is not corrected
Users must submit notification of any and all upsets in accordance with section
5.A.5.(c)iii of this Ordinance.
IT K. Notice of Bypass
days:
Users must submit notification of any and all bypasses in accordance with section
5.A.6.(b)of this Ordinance.
L. 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.
M. 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
Words Underlined are added; Words S�ek--Thr-eugh are deleted.
Page 45 of 58
District, or where the User has been specifically notified of a longer retention period by
the District.
SECTION FOUR: AMENDMENTS TO SECTION FOUR OF ORDINANCE NO. 2003-
18.
SECTION FOUR: Monitoring and Inspections.
A. Monitoring Facilities.
The District shall require construction, operation and maintenance, at no expense
to the County, of monitoring facilities to allow inspection of the building sewer and/or
internal drainage systems, and sampling and flow measurement of the waste being
discharged to the POTWS POTW. Appropriate valves shall be included in design and
construction of such facilities to immediately and effectively halt discharges under
situations described by Section Two of this Ordinance. The monitoring facility should
normally be situated on the User's premises, but when such a location would be
impractical or cause undue hardship to the User, the District may, if feasible, permit the
monitoring facility to be constructed in public right-of-way and be located so that it
would not be obstructed by landscaping or parked vehicles. Ample room shall be
provided in the area of such sampling manhole or facility to allow accurate sampling and
preparation of sampling for analyses. The facility, sampling, and measuring equipment
shall be maintained at all times in a safe and proper operating condition at no expense to
the County. Whether constructed on public or private property, the sampling and
monitoring facility shall be constructed in accordance with the District's requirements
and all applicable local construction standards and/or specifications.
B. Inspection and Sampling.
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 POPALS 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
District 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
Words Underlined are added; Words StRisk-Tlireugh are deleted.
Page 46 of 58
District access to the User's premises shall be a violation of this ordinance. 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.
C. 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.
SECTION FIVE: AMENDMENTS TO SECTION FIVE OF ORDINANCE NO. 2003-18.
SECTION FIVE: Violation and Penalties.
A. Violations,:Notice of Violation, Consent Orders, Show Cause Hearing,
(a-) 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
Words Underlined are added; Words Struck-Through are deleted.
Page 47 of 58
written Notice of Violation in person, or by facsimile, by certified mail or by any
lawful means of service. Within ten (10) work days of receipt of this notice, the
User shall deliver to the District a written detailed plan for satisfactory correction
of all noticed violations 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.
(b)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.
(e)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) work days 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.
-1-4. Should any violation of any condition of this Ordinance occur, User will be
subject to the penalties described in subparagraph B of this Section.
2 5. Upset
(a) 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.
(b) 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.
(c) A user who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs, or
other relevant evidence that:
Words Underlined are added;Words are deleted.
Page 48 of 58
i. An upset occurred and the user can identify the cause(s) of the
upset;
ii. 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
iii. The user has submitted the following information to the District
within twenty-four(24) hours of becoming aware of the upset.
a. A description of the indirect discharge and cause of
noncompliance;
b. The period of noncompliance, including exact dates and
times or, if not corrected, the anticipated time the
noncompliance is expected to continue; and
c. Steps being taken and/or planned to reduce, eliminate, and
prevent recurrence of the noncompliance.
37.6 Temperer Bypass
- -- -
standards.
-- - -
eeea
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 operation. These bypasses are not
subject to the provision of(b) and (c) below.
Bypass notifications
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.
ii. 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:
a. A description of the bypass and its cause;
b. 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
Words Underlined are added; Words Strusk—Thr-eugh are deleted.
Page 49 of 58
c. Steps taken or planned to reduce, eliminate, and prevent
recurrence of the bypass.
f Prohibition of bypass.
i. Bypass is prohibited, and the District shall take enforcement action
against an industrial user for a bypass, unless:
a. Bypass was unavoidable to prevent loss of life, personal
injury, or severe property damage
b. 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
c. The industrial user submitted notices as required under (b)
above.
ii. 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(i) above.
B. Penalties
1. When the District determines that a User(s) is contributing to the POTWS POTW,
any of the prohibited discharges in such amount(s), which do (or which threaten
to) interfere with the operation of the POTWS 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 POTWS POTW. The District
shall provide the User notice of this action in accordance with Section 57
paragraph 5.G 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.
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 POTWS
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
Words Underlined are added; Words Strums are deleted.
Page 50 of 58
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)
per day per violation for a first violation, five thousand dollars ($5,000) 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 Chapter 162,
Florida Statutes. 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 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.
9. 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.
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 then normal deterioration of these
Words Underlined are added; Words Struck-Through are deleted.
Page 51 of 58
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 accord with Section 5. E. of this Ordinance, any
actual or threatened discharge of pollutants to the POTWS POTW, which does
present (or may present) an imminent or substantial endangerment to the health or
welfare of any person or any animal.
1)7 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 POTWS 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 as by the District are deemed to be necessary,
including initiation of legal action by the County Attorney and immediate
Words Underlined are added;Words&rueugh are deleted.
Page 52 of 58
severance of the sewer connection, to prevent or minimize damage to the POTWS
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.
E.,F. Revocation of Permit.
1. Any User who violates any of the fig conditions of this Ordinance or
applicable State and Federal regulations, is subject to having its permit revoked in
accordance with : Section 5.G of this Ordinance.
2. - . .. . _ - .. .. .. .
(a) Failure of the User to report significant changes in operations, or
- -
The Director may revoke an individual wastewater discharge permit for good
cause, including, but not limited to, the following reasons:
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 3.H of this Ordinance;
(RI Misrepresentation or failure to fully disclose all relevant facts in the
wastewater discharge permit application;
(d) Falsifying self-monitoring reports and certification statements;
(el Tampering with monitoring equipment;
(f� Refusing to allow the District timely access to the facility premises and
records;
(g) Failure to meet effluent limitations;
(hl Failure to pay fines;
(i) Failure to pay sewer charges or appropriate excess strength fees;
(j) Failure to meet compliance schedules;
(k� Failure to complete a wastewater survey or the wastewater discharge
permit application;
(1) 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.
Words Underlined are added; Words trough are deleted.
Page 53 of 58
F-.-G. 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.
SECTION SIX: AMENDMENTS TO SECTION SIX OF ORDINANCE NO. 2003-18.
SECTION SIX: 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 that the requested confidentiality is lawful applying the public
records laws of the State of Florida, which are as of the effective date of this
Ordinance is Chapter 119, Florida Statutes.
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 wcitteft
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.
B. 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 SEVEN: AMENDMENTS TO SECTION SEVEN OF ORDINANCE NO.
2003-18.
SECTION SEVEN: Service Charge and Fees.
Words Underlined are added; Words StRisl eogh are deleted.
Page 54 of 58
A. The Board of County Commissioners as Ex-officio Board of the Collier County Water-
Sewer District hereby adopts the Rates, Fees, and Charges as set forth in Schedule 1;
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.
B. Charges and Fees.
1. 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.
2. 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.
These fees are related solely to the matters covered by this Ordinance and are separate from all
other fees chargeable by the District.
SECTION EIGHT: Conflict and Severability.
Words Underlined are added;Words Slivek—Thfeegh are deleted.
Page 55 of 58
The provisions of this Article shall be liberally construed to effectively carry out its
purpose in the interest of public health, safety, welfare and/or convenience. If any section,
phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by
any court of competent jurisdiction, such portion shall be deemed separate, distinct, and
independent provision, and such holding shall not affect the validity of the remaining portions
thereof.
SECTION NINE: Inclusion in the Code of Laws and Ordinances.
The provisions of this Article shall become and be made a 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 TEN: Effective Date.
This Ordinance shall become effective upon being filed with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this Zi4341ay of NAckv- , 2012.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA AS THE EX-
7"° OFFICIO GOVERNING BOARD OF THE COLLIER _-
`S°
COUNTY WATER-SEWER DISTRICT
•
B �', 116 nqk 111111 By:
} 1�'�Quly Clerk FRED W. COYLE, CHAIRMAN
I I tt a•I
Approved as to form
and legal sufficiency:
Jennfter B. White
Assistant County Attorney
This ordinance filed with the
Secretary of State's Office the
30 day of..;l1l 2-pt2_
bnd acknowledgement o4thot
filin. received this day
of • • ' ' -OZ
By 416. .%'�'
'DSpvtyCl i1c
Words Underlined are added; Words Streek-Threes are deleted.
Page 56 of 58
COLLIER COUNTY WATER-SEWER DISTRICT
UNIFORM REGULATIONS FOR DIRECT
APPENDIX A—SCHEDULE 1
The Industrial Waste Sewer 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 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:
Excess Strength Fee ($) =[Y/X— 1] x [Z] x [0.5 x 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 no more than one excess strength constituent, the charge shall be
based on the constituent, which results in the greatest charge.
Words Underlined are added; Words Strush-Through are deleted.
Page 57 of 58
WASTEWATER PRETREATMENT PROGRAM
APPENDIX B—SCHEDULE OF FEES, RATES AND CHARGES
ITEM CHARGE
Industrial User Permit Application Fee (based on 7-man hours per $ 155.00
permit)
Industrial User Amended Permit Application Fee (based on 5 man $ 110.00
hours per permit
Industrial User Permit Fee Discharge in gallons per day 0- 24,999 $ 300.00
Industrial User Permit Fee Discharge in gallons per day 25,000-49,999 $ 450.00
Industrial User Permit Fee Discharge in gallons per day 50,000-99,999 $ 600.00
Industrial User Permit Fee Discharge in gallons per day greater than or $ 750.00
equal to 100,000 per day
Review of accidental discharge procedures and construction $ 65.00
(based on 3 man-hours per review)
*Monthly Supplemental Service Charge (FOG) Program $ 12.00
Establishments
**Total Suspended Solids Analysis (TSS) $ 15.00
** Total Kjeldahl Nitrogen Analysis (TKN) $ 15.00
**Chemical Oxygen Demand Analysis (COD) $ 15.00
**Biochemical Oxygen Demand Analysis (BOD) $ 15.00
Industrial User Inspection $ 75.00
Automatic Sampler Usage Fee Per Day $ 40.00
* Monthly Supplemental Service Charge for Establishments that fall under the Fats, Oil and
Grease Program (FOG). Charges are based on two inspections annually, sampling and analysis,
and report preparation.
** The cost of any laboratory analysis expenses incurred by the Collier County Wastewater
Department for purposes 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.
Words Underlined are added; Words Stfueleugh are deleted.
Page 58 of 58
STATE OF FLORIDA)
COUNTY OF COLLIER)
I , DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of :
ORDINANCE 2012-13
Which was adopted by the Board of County Commissioners
on the 27th day of March, 2012 , during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 29th
day of March, 2012 .
DWIGHT E. BROCK
Clerk of Courts and.'-Ce-rk
Ex-officio to BoaT,d oV,
County Commissioners ,
P k
2''':' : ' ' .:..= ,,..,.. ..:._,
Teresa Polasl
Deputy Clerk