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Agenda 02/28/2012 Item #16C42/28/2012 Item 16.C.4. EXECUTIVE SUMMARY Recommendation to direct the County Manager or his designee to advertise an amendment to Ordinance No. 2003 48, the Collier County Industrial Pretreatment Ordinance, to conform with the United States Environmental Protection Agency Model Pretreatment Ordinance as required by Florida Department of Environmental Protection. OBJECTIVE: To comply with specific conditions within Florida Department of Environmental Protection (FDEP) permits, numbers FLO141399 and FL0141356, for operations of the North and South Water Reclamation Facilities (wastewater treatment facilities) and the associated domestic transmission and conveyance sewer collection system. CONSIDERATIONS: On April 22, 2003, the Board of County Commisioners (Board), as Ex- officio the Governing Board of the Collier County Water -Sewer District ( CCWSD), adopted Ordinance No. 2003 -18, the Industrial Pretreatment Ordinance (Ordinance). The Ordinance 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 sewer collection system and treatment facilities. The FDEP is requiring the CCWSD to update the Ordinance to comply with specific requirements of the Domestic Wastewater Facility Permits for both of the CCWSD water reclamation facilities and the domestic transimission and conveyance sewer collection system. These requirements were placed on the FDEP permits for each facility in accordance with Rule 62- 625.500(2)(a), Florida Administrative Code (F.A.C). Updates to the Ordinance were guided by the requirements and recommendations of FDEP utilizing the F.A.C., the United States Environmental Protection Agency's Model Pretreatment Ordinance, and the Code of Federal Regulations and applicable permit requirements. On December 13, 2011, the Board authorized staff to amend Ordinance No. 2003 -18. Approval of this item will authorise advertisement of the proposed amendments for futher consideration by the Board. A summary of the revisions to the Ordinance is attached as back -up material. FISCAL IMPACT: It will cost approximately $400 for an advertisement in the newspaper of record. The source of funds is County Water /Sewer Fund (408) user fees. LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote. - JBW GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary nor with the contemplated Ordinance amendments. RECOMMENDATION: That the Board direct the County Manager or his designee to advertise an amendment to Ordinance No. 2003 -18 to comply with specific conditions within FDEP permits, numbers FLO141399 and FL0141356, for operations of the North and South Water Reclamation Facilities and the domestic transmission and conveyance sewer collection system. Prepared By: Millie Kelley, Collier County Wastewater Department Environmental Compliance Manager Attachments: Amended Industrial Pretreatment Ordinance No. 2003 -18 Summary of changes Packet Page -1368- 2/28/2012 Item 16.C.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.C.4. Item Summary: Recommendation to direct the County Manager or his designee to advertise an amendment to Ordinance No. 2003 -18, the Collier County Industrial Pretreatment Ordinance, to conform with the United States Environmental Protection Agency Model Pretreatment Ordinance as required by Florida Department of Environmental Protection. Meeting Date: 2/28/2012 Prepared By Name: Jon Flomerfelt Title: Chemist 2/2/2012 9:46:58 AM Submitted by Title: Manager - W/W Environmental Compliance,Wastewater Name: Millie Kelley 2/2/2012 9:47:00 AM Approved By Name: Steve Messner Title: Plant Manager,Water Date: 2/2/2012 10:16:47 AM Name: HapkeMargie Title: VALUE MISSING Date: 2/3/2012 9:33:24 AM Name: Millie Kelley Title: Manager - W/W Environmental Compliance,Wastewater Date: 2/6/2012 8:45:59 AM Name: WhiteJennifer Title: Assistant County Attomey,County Attorney Date: 2/6/2012 3:05:37 PM Packet Page -1369- Name: YilmazGeorge Title: Director - Wastewater,Wastewater Date: 2/15/2012 9:08:53 AM 2/28/2012 Item 16.C.4. Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Date: 2/16/2012 9:17:52 AM Name: KlatzkowJeff Title: County Attorney Date: 2/17/2012 9:42:04 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 2/21/2012 4:53:55 PM Packet Page -1370- C C ou-Kty 2/28/2012 Item 16.C.4. o �e�r Summary of Revisions to Industrial Pretreatment Ordinance 2003 -18 The purpose of the revisions to Ordinance 2003 -18 was to implement FDEP compliance requirements. The proposed revisions to Ordinance # 2003 -18 include recommendations from FDEP's Industrial Pretreatment Section. The FDEP review was based on the requirements for Legal Authority as specified in paragraph 62- 625.500.(2) (a), F.A.C. and by using the EPA Model Pretreatment Ordinance. These revisions include the following. • Update definitions to be consistent with F.A.C. and EPA • Removal of local limits which has the advantage of allowing for revisions to local limits, as necessary, without having to go through the formal process of an ordinance change. With specific language in the Ordinance, only formal FDEP approval of local limit revisions is required, along with proper notification to the affected users. 5 draft updates were EPA streamlining rule updates - The Streamlining Rule revises several provisions of the General Pretreatment Regulations (40 CFR Part 403). The Streamlining Rule was designed to reduce the overall regulatory burden on both Industrial Users (IUs) and Control Authorities (Collier County Water /Sewer District) without adversely affecting environmental protection. • 70 draft updates were adding or modify sections to be consistent with EPA Model Ordinance and/or 62 -625 F.A.C. These updates to various sections of the Ordinance were made to comply with the EPA Model Ordinance and F.A.C. They included specific language for items such as • the industrial user permit application process, • what must be included in industrial user permits issued by the Water /Sewer District, • permit petition requirements, • permit modification process, • transfer of industrial user permits, • sample collection criteria and reporting requirements, Page 1 of 2 Packet Page -1371- 2/28/2012 Item 16.C.4. Co per County • a certification statement that industrial users must sign and submit with reporting, AW • items that must be included in an industrial user's accidental discharge control plan, • criteria for various reporting requirements, • procedures for notifying an industrial user of potential problems, • industrial user non - compliance notification procedures, • requirement and procedure for an industrial user to notify the POTW if the nature or quantity of their discharge to the sewer system changes, • procedures for an industrial user to notify the POTW of a by -pass of their pretreatment process, • penalties for violating the provisions of the ordinance, and • criteria for revocation of an industrial user's permit. The updates are compliance driven requirements from the EPA Model Sewer Use Ordinance and FDEP's Office of Wastewater Management/Permits Division and are consistent with (F.A.Q. These revisions will be communicated to the public by the following methods. • Legal advertisement in newspaper, • Letter mailed to affected users, • Link to Ordinance placed on the Wastewater Department website, and • A copy of the Ordinance will be given to industrial users at the time of initial inspection. At the recommendation of the design engineers for the Wastewater Facilities, the parameter of Biochemical Oxygen Demand (BOD) was added to the list of parameters for which we may already charge Excess Strength Fees. These fees are a mechanism to recover costs incurred when treating high strength wastes discharged by some industrial and commercial users to the wastewater system. Page 2 of 2 Packet Page -1372- 2/28/2012 Item 16.C.4. ORDINANCE NO. 2012 - AN ORDINANCE AMENDING ORDINANCE NO. 2003 -189 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 AND INSPECTIONS; SECTION FIVE: VIOLATION AND PENALTIES; SECTION SIX: CONFIDENTIALITY, PUBLIC RECORDS LAW; SECTION SEVEN: SERVICE CHARGE AND FEES; PROVIDING FOR 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 c«_..,.', Th -eugh are deleted. Packet Page -1373- 2/28/2012 Item 16.C.4. 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 mss', ''D are deleted. Packet Page -1374 - ragc Z. vi _,o 2/28/2012 Item 16.C.4. 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 seg. 2. "Administrator" shall mean the administrator of the U.S. Enviromnental Protection Agency or his duly authorized representative. (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 ap ra"hs 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 Swaer h are deleted. Packet Page -1375 - r agc j ui -, o 2/28/2012 Item 16.C.4. 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. 5. "BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in for five (5) days at 20 °C, expressed in milligrams per liter. 4. 6. "Building Drain" shall mean that part of the to system which receives the discharge from soi< inside the walls of a building and conveys it to (5) feet (1.5 meters) outside the inner face of th e 7. "Building Sewer" shall mean the extension fro sewer or other place of disposal. a of a User's facility. or ` west.horizontal piping of a drainage 1, waste and other drainage pipes the building sewer, beginning five building wall. m the building drain to the public Water lncal«limitc_ as mciw or hereafter amended or sunerseded from time to time. The 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 Stmel. TL. «......h are deleted. Packet Page -1376 - r agu - vi -jo 2/28/2012 Item 16.C.4. 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. 9 15. "County" shall mean Collier County, the Collier County, Florida, or the duly autho acting on behalf of the Board of Count manage the operation of the Publicly =0wr administration of this Ordinance. M County Commissioners of agent or the representative Toners to supervise and /or -nt "-Works, which includes for a 19. "Discharge Penult" "shall n eai a: regulatory document issued by the County to Industrial User's., 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. 44, 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 /l, and BOD is not more than 250 350 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 gruel- T� b; are deleted. Packet Page -1377 - rag'C. J Vl Jo 2/28/2012 Item 16.C.4. 22. "Duly Authorized Representative" see definition of "Authorized or Duly Authorized Representative of the User" 4� 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- `EPAL' 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. km 4-8-.27. "Garbage" shall mean cooking and dispensi produce with no parfi� W definition of "Industrial Waste Surchar any source of discharge, the constructi prior to the publication by EPA of prc .s Which will be annlicable to such source the domestic and commercial preparation, from the fiandling, storage and sale of ie- half- ('1/2) inch (1.27 centimeters) in any ich is taken from a we nd over a period of ti 4P-.. 2_9. "Grease" shall mean'�any material that is extractable from an acidified sample of a waste by hexane,-ar 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). 2-0-.30. "Grease Interceptor" shall mean a pretreatment device designed and installed to separate` animal fats, oils and other grease from entering the wastewater system. -24-.3 1. "Grease Trap" shall mean a pretreatment device designed and installed to separate animal fats, oils and other grease from entering the wastewater system. 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. 23: 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 Swae r T" -eu,4, are deleted. Packet Page -1378 - r arc v vi ✓o 2/28/2012 Item 16.C.4. 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. 34. "Industrial Waste Surcharge" or "Excf monetary charge made in excess of the over and above nonnal wastewater. 26-.35. "Industrial Wastes" shall mean manufacturing processes, trades exceeding domestic wastewaters. "' 36. "Instantaneous Limit" the maximum - concer discharged at any time, determined fr6tr composited sample :collected; independent duration of the sampling �8- 37. "Interference" shall mean a dischar e whi discharsze or discharges from other sources, b Inhibits or disrupts the WJF, its trey domestic wastewater residuals proces b. Is a cause of a violation of any (includiti�' an increase in the mag_ni prevents: use or disposal of domestic ircharge" shall mean the charge for all wastewater wastes discharged from industrial >ses that lea have characteristics llowed to be discrete or rate and the -tion with a •ations, or its NF's permit violation) or its operation, hi 1, tfi1 + to a violation nt of the Ge + ' state issued b 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) F A r Words Underlined are added; Words Swdek Tin are deleted. Packet Page -1379- i As, / V1 JO Men RRMPT.Taffilm 34. "Industrial Waste Surcharge" or "Excf monetary charge made in excess of the over and above nonnal wastewater. 26-.35. "Industrial Wastes" shall mean manufacturing processes, trades exceeding domestic wastewaters. "' 36. "Instantaneous Limit" the maximum - concer discharged at any time, determined fr6tr composited sample :collected; independent duration of the sampling �8- 37. "Interference" shall mean a dischar e whi discharsze or discharges from other sources, b Inhibits or disrupts the WJF, its trey domestic wastewater residuals proces b. Is a cause of a violation of any (includiti�' an increase in the mag_ni prevents: use or disposal of domestic ircharge" shall mean the charge for all wastewater wastes discharged from industrial >ses that lea have characteristics llowed to be discrete or rate and the -tion with a •ations, or its NF's permit violation) or its operation, hi 1, tfi1 + to a violation nt of the Ge + ' state issued b 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) F A r Words Underlined are added; Words Swdek Tin are deleted. Packet Page -1379- i As, / V1 JO 2/28/2012 Item 16.C.4. 39. "Manhole" shall mean a hole for which sewer, drains and pipes can be accessed �» for maintenance, repairs and sample collection. 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 existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facilily is integrated with the existing_ plant, and the extent to which the new facility is engaged in the same eng eral type of activity as the existing source, should be considered. i. 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 (cc) above but otherwise alters, replaces, or adds to existing process or production equipment. Words Underlined are added; Words 94uek Thfough are deleted. Packet Page -1380 - ra6covijo 2/28/2012 Item 16.C.4. 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,.,- e'd in its operation within a reasonable time. Options to purchase "' or contracts which can be terminated or modified without ,substantial. loss_ and contracts fnr ion under this 44. "Noncompliance" shall mean 2 limits, industrial wastewater Pretreatment Standard. 44.46. "Oil Separator” shall mean separate ,petroleum based oil ai -36 47. " part of this „Ordinance, local t, or National Categorical ine which does raw tment device designed and installed to from wastewater. -r" shall mean persons desiring or receiving service or any individual or that holds any title to'real estate regarding the building or facility receiving water service., including any tenant by the entireties, any co- owner, any a with discharge or discharges from other sources. is a cause of a violation of anv requirement of Collier County's NPDES permit, includinLy an increase in the of a vi 46: 49. "Person" shall mean any individual, firm, partnership, company, government entity, association, society, corporation, or similar or dissimilar group or entity. -3-7-.50. "pH" shall mean a measure of the acidity or alkalinity of a solution expressed in standard units the l^aarithm (base , 0) of the ip , of the ght of h a 3&: 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 Stmek Thr -ex,k are deleted. Packet Page -1381 - ragc; 7 Vl Jo 2/28/2012 Item 16.C.4. 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 , municipal, agricultural and industrial wastes and certain characteristics of wastewater (e.g. pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor) ^ ethef • ^ste diseh ^r^ °a 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 44-.54. "Pretreatment Requirements" sl requirement related to pretrea Pretreatment Standard imposed on prohibited disc] limits. "Pfivatg treatment Apd di mean any substantive or procedural L other--:- than a IN-ati6m—al Gateg eal 1- domestic wastewater discharger. standards shall mean t standards, and local ividuc'rl on site se wag 31s end sifnil—ar- A–eailitkes es" shall mean absolute 4-r 57., "Publicly Owned Treatment Works" or f1z9TWS3 "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. 4-5-.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 POTIA'S POTW or that individual's duly authorized deputy, agent or representative. Words Underlined are added; Words ask – Tough are deleted. Packet Page -1382 - ragc iv vi jo 2/28/2012 Item 16.C.4. 46 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.) a eemb tier ef tncr,-Ateffi: a ied- wastes 4en , tome,.. with sueh sue ground waters .,.,a s,,. F d stet.,, ,,,4o.... as may be 48-. 62. "Sewage Treatment Plant" shall mean all facilities that treat and/or dispose of sewage. 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 met- c Thr-ei d are deleted. Packet Page -1383 - ragc i i vi jo 2/28/2012 Item 16.C.4. 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 sewers stem. on its in ac( industrial user. 64, 66. "Shall' and "Will" are mandatory as do 3-2-. 67. "Significant the District. shall mean a vialation if an Industrial User's violation meets one or b Technical Review Criteria (TRC) violations, defined here as those ah;rh °th rtv_thrPe nernent or more of all of the measurements for e; pollutant parameter taken clunng a six -montn perioa equal or exceea the product of the numeric pretreatment standard or requirement including instantaneous limits multiplied b the applicable TRC (TRC =1.4 for BOD TSS Total Oil and Grease and 1.2 for all other pollutants except PBI C. Any other violation of a pretreatment standard or requirement (dail 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 eg neral public), Words Underlined are added; Words del- T�;•a are deleted. Packet Page -1384 - r agc iZ. vi JO 2/28/2012 Item 16.C.4. d. Any discharge that has resulted in the District's exercise of its emergency authority under sub- subparag_rauh 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 compliance schedules, fi h. 68. "Slug", "Slug Load ", and "Slug Discharge" shall mean any discharge at a flow of water . idus4ial A slug discharge is M olate M 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 coneernJn the context of this Ordinance. 5-5: 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-. SteR:n Dr- in" (sometimes "s1=9i:m sewer-2) shall 3nean a sewer- +ihcrc- eaffies sternr than unpolluted b Words Underlined are added; Words Stfiiek Thfeugh are deleted. Packet Page -1385- ragc i-) vi Ju 2/28/2012 Item 16.C.4. 71. "Storm Water" shall mean any flow occurring during or following any fonn of natural precipitation and resulting from such precipitation including snowmelt. 3-7-. 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. 75. 7'1 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. 74. "Toxic Pollutant" shall mean any pollutant or combination of pollutants listed as a toxic pollutant in the toxin regulations listed jn they Clean Water Act Sectio:L4 TT ^ 307 promulgated by the.. Ad�iistrat lnor of the Environmental � -AT � Protection Agency under the provisions of the Clean Water Act, as now or hereafter amended or superceded from time to time. 77. "User" shall or suffers an 64- 78. "W Utiliti waste. of the ean, any person or industrial user who contributes, causes, permits >ontribution of wastewater into the County's POTWSPOTW. shall mean a een4bihatien -fester- e-arii a wastes 4 ir" or "Director" shall mean the individual designated by the inistrator to supervise operations of the POTWSPOTW. atment Plant" is designed to that al 81. "Watercourse" shall mean a canal or channel in which a flow of water occurs, continuously or intermittently. B. Abbreviations . • . O��,gefi P- .•DGafbefiaeeeus Bielagieal • Demand Words Underlined are added, Words i et ,13 are deleted. Packet Page -1386 - ragc i� vi -, o 2/28/2012 Item 16.C.4. 1. 2. 3. "BMP "CFR" "COD" . 4. MMMEMM _ .. 5. 6. "F.A.C. "FDEP" Florida Adr Florida-Dex 7. "FOG" Fats, Oil, <ar 8. "F.S. Florida Stat 9. "gpd Gallons Per 10. "IU" Industrial U 11. "mg /1 Milligrams 12. " NPDES National Po 13. "NSCN' Signfi 14. "POTW" "' Publicly Ov 15. ITM Standard 'In, 160 "SNC' " Significant _ M, ._ MMMIM 1. 2. 3. "BMP "CFR" "COD" Best Manag Code of Fe( Chemical C 4. "EPA" United Stag 5. 6. "F.A.C. "FDEP" Florida Adr Florida-Dex 7. "FOG" Fats, Oil, <ar 8. "F.S. Florida Stat 9. "gpd Gallons Per 10. "IU" Industrial U 11. "mg /1 Milligrams 12. " NPDES National Po 13. "NSCN' Signfi 14. "POTW" "' Publicly Ov 15. Standard 'In, 160 "SNC' " Significant "SIC" m " Natio '' Non- 1S "TRC" Technical Review Criteri 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 S'-•• ^k 'T''" ^••b'' are deleted. Packet Page -1387- 1-4gG 1J V1 JU 2/28/2012 Item 16.C.4. imposed upon the Director may be delegated by Director to a duly authorized County employee. B. Discharge of Industrial Waste. 2. Any BvaefUser discharging Industrial Wastes into the wastewater collection system at the time of passage of this Ordinance shall submit a discharge permit application on the required form not later than six (6) months after the effective date of this Ordinance. All industrial wastewater dischargers proposing to discharge into the District's wastewater system must file with the District, on forms furnished by the District, an add}tienal 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 prey within thiM (30) days by an approved independent laboratory and be submitted within ninety (90) days pr-emptly with the application. Following initial approval' 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,Tequire an pr-emptly 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 applicantand must be "paid in full :prior to issuance of any discharge permit. Will ict will 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 2.13.1 may continue to discharge during the he 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 P- 9T-ALgPOTW 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 del- T 4i are deleted. Packet Page -1388- ragc iv vi -,u In C. 2/28/2012 Item 16.C.4. 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; Environmental Permits. A list of any environmental control permits held by or for the facility. Description of Operations. L 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 rcV,UiaLGU pruuc55. 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 detennine compliance with the Standard. Words Underlined are added; Words Swaek Thr-e 4. are deleted. Packet Page -1389 - r ar,,- 1/ La J o 2/28/2012 Item 16.C.4. h. Any other information as may be deemed necessary by the District to evaluate the permit application. i. 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 thatan 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 inproduction and /or changes in the production profile, be.. and 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 Owners 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 <con pleting the permit application form and subsequent review of the application and'historical compliance records. a RN c: AnV Derson, incl to to itions of a waste f this ordinance unctions set out in ;charge hermit do 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 he 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 Stfue k T feugh are deleted. Packet Page -1390- r agc to vi jo 2/28/2012 Item 16.C.4. wastewater discharge permit, or not to modifv 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 existing wastewater discharge permit. e. A water i. Wastewater, discharge permits must contain: (a) A statement that indicates the waste issuance date.,expiration date and efi D] 7 of shall practice) to be monitored, sampling location sampling frequency, and sample type based on Federal State and local law. A statement of applicable civil and criminal penalties for violation of Pretreatment Standards and Requirements and M applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law. 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 StFuek Thr -ems# are deleted. Packet Page -1391- ragu 17 V1 JO 2/28/2012 Item 16.C.4. (a) Limits on the average and /or maximum rate of discharge, time of discharge, and /or requirements for flow re ulg ation and equalization; (b Requirements for the installation of pretreatment technology_ pollution control, or construction of gpropriate 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, orn6h routine discharges; Development and implementation of waste minimization POTW; (e) The unit charge or schedule of User charges and fey the management of the wastewater dischar eg d t4 POTW; (f Requirements for installation and maintenance inspection and samnling'facilities and eauinment. incl A statement that compliance with the wa, permit does not - relieve the;permittee of compliance with all applicable Fe( Pretreatent Standards; `'` includine thos effective during the term of the wasi lei -Other .conditions as deemed appropriate by the Distr ensure compliance with this ordinance. and State £ The District may modify a wastewater discharge permit for good cause including, but not `limited to, the following reasons: i. To- incorporate any new or revised Federal, State, or local Pretreatment Standards or Requirements; 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 c.,...,a, Tl, feu, l are deleted. Packet Page -1392- ragc�vvi-'u 2/28/2012 Item 16.C.4. vii. Revision of or a grant of variance from categorical Pretreatment Standards pursuant to Rule 62- 625.700, F.A.C; viii. To correct Mogrraphical 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. 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 94uek Thfauggh are deleted. Packet Page -1393 - rage �i ui jo 2/28/2012 Item 16.C.4. 7. Transfer of Discharge Permits Wastewater discharge permits may be transferred to a new owner or operator onl if the pennittee 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 facili '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 12vol ivu. d. This compliance certification is based on the following information. [insert !qppropriate information to determine ifNSCIU conditions are being metl." 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; WordsSwask T4ffeu,,,xh are deleted. Packet Page -1394 - ragc /./, vi jo E 2/28/2012 Item 16.C.4. 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. r-espee4ive Users disehafge pet:Fnit, must deposit v.44-h th-ea, DislWiew-4 _a M_issehafge Quality this Or-dinanee and a4l State and Feder-a! Replations r-elatin to water- pelltAian eon 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. 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 `iri "striet compliance with all requirements established in :thus (or ;- mcorporated 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 d-iree discharges. No person shall remove or "demolish any building or structure that has any plumbing f xtures 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 " es caused by such work shall be sealed watertight and inspected by the District "before being backfilled. g-:2. No personAall 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. 54. 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 Stm^'- Tom" are deleted. Packet Page -1395- r asc z__) vi do E 2/28/2012 Item 16.C.4. 5. Other discharge limitations established to prevent pass through or interferences with the operation or performance of the ROT-W -SPOTW are specified by the following. 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 flashpointof less than 140 degrees F (60 rlearees C'.) resin¢ the test methods snecified in.40:CFR 261.21: 2. Wastewater having a pH less than 5.0, or otherwise causing corrosive struc damage to the POTW or equipment, 3. Solid or viscous substances in amounts which will cause obstruction of the in the POTW resulting in Interference, but in no case solids greater than or inch (1/2 ") in any dimension; 4. Pollutants including oxygen - demanding pollutants (BOD, etc.), re1F discharge at a flow rate and /or pollutant concentration which, either internctien with ether pollutants. will cause Interference with the P( 5. Wastewater having a <temperature which will it hibit biological treatment plant resulting in Interference, but in no case wastev the tembefature at theintroduction nto the treatment plant to E F(40 degrees es Q; 6. Petroleum oil, nonbiodegradable cutting oil, or products of mi 7. 8. 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 Swdek Through are deleted. Packet Page -1396- ragc ut j v 2/28/2012 Item 16.C.4. 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. wastewater discharge permit; in an indivi 15. Wastewater causing, alone or in conjunction with other sources the plant's effluent to fail toxici , test; 16. excessive foaming in the POTW; 17. Fats, oils, or greases of animal or ve one - hundred (100) in 18. W in be of Words Underlined are added; Words StFuek Thr-eugh are deleted. Packet Page -1397- r agco a vi ✓o OR •. we F Mw - Words Underlined are added; Words StFuek Thr-eugh are deleted. Packet Page -1397- r agco a vi ✓o 2/28/2012 Item 16.C.4. Words Underlined are added; Words Stmek 'Thr -eug' are deleted. Packet Page -1398 - ragc av vi j .. ........... " NOW Words Underlined are added; Words Stmek 'Thr -eug' are deleted. Packet Page -1398 - ragc av vi j 2/28/2012 Item 16.C.4. established by the Publie crcsrzanrniisrrarox 7-- after- - n- cxrcrricrrc -ethe eempesite sewage o1„ ' ethef pub}ie— Qgeney -(of age - itAth jth-isdie-tien ever- any- tieb wells. ff M 4er-ia lien emeft or- eause- i CefieefA atieii(s) of ii3et4 suspended selid(s) (sueb as, b MM .. limited to, sedium ehlerire and/or sediiifn sulfate) di ff fFeffi M-MOTA-d ..W ,, -VA established by the Publie crcsrzanrniisrrarox 7-- after- - n- cxrcrricrrc -ethe eempesite sewage o1„ ' ethef pub}ie— Qgeney -(of age - itAth jth-isdie-tien ever- any- tieb wells. ff M 4er-ia lien emeft or- eause- i CefieefA atieii(s) of ii3et4 suspended selid(s) (sueb as, b e; limited to, sedium ehlerire and/or sediiifn sulfate) di ff fFeffi Words Underlined are added, Words Stmek T4iFeugh are deleted. Packet Page -1399- r arce 4/ V1 Jo F 2/28/2012 Item 16.C.4. Royal . plow NO .ne :s�. K MON. Words Underlined are added; Words S"ek ''fin are deleted. Packet Page -1400- r agc �o ut ✓o 2/28/2012 Item 16.C.4. 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 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 Sough are deleted. Packet Page -1401 - r ag,- G7 Vl Jo 2/28/2012 Item 16.C.4. 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 625.410(6), F.A.C. El standard. 5. Upon pi particular indu' imposed under from the in a net 5.820. F. l is mixed with ;hall impose an subsection 62- Zdard if the user ins in Rule 62- entally different cal pretreatment -d in accordance [lgation " " "of the National Categorical Pretreatment Standards for a subcategory, the Federal Standard, if more stringent than limitations > Ordinaricee ;for sources in that subcategory, shall immediately ations; 2/28/2012 Item 16.C.4. been submitted for tee a been appreved by, 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; discharge and M 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 T)istrict shall be designed, constructed, operated, and maintained by the User at no expense to the County and require prior approval from the District. 2. facilities ``necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating_procedt res shall be submitted to the District for review, and shall be such plans 4nd 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 sewersystem. 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. Words Underlined are added; Words Stfuek Thfeubw are deleted. Packet Page -1403 - ragv.31 vino 2/28/2012 Item 16.C.4. K—. 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 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 aiI then applicable codes, ordinances, and /or laws. 2. Maintenance of Pretreatment Facilities. Where preliminary treatment or.#Iow eq water(s) or waste(s), they ' shall be main effective operation by Owner:and at no ex 1. Whenever discharge discharged discharge; other cond User's corn facilities are provided for any ►ntinuously in satisfactory and the County. wage wastestreams from industrial wastestreams, and such [ay be necessaroprotect the POTW and determine the h the requirements of this ordinance. ial to discharge flammable substances may be reauired to M. Fats, Oils and Grease (FOG) Program. 1. Use of Oil Interceptors and Grease Traps under the FOG Program. a. All oil 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 Words Underlined are added; Words 'fin are deleted. Packet Page -1404- ragc jz_ ui -,o 2/28/2012 Item 16.C.4. in accordance the procedures outlined in the Collier County Utilities Standards Manual may be completed and submitted to the District for review. Wastewater- with urge „ nAs of grease sha4l_no! be diset,,, fged b. aftd-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 Hof grease in excess of 100 ma /l shall not be discharged into the wastewater sy tem. 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 .functionin� properly at all times. d. All oil separators' ,hall be maintained on a regular basis and must be functioning properly aV all, times, including but not limited to vehicle maintenance centers;ecreational or otherwise), body shop, machine shop, � any " , vehicle storage faciii� and /or facility that we utilizes of-ai+y 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 propertyW 9pen and available for immediate inspection by the County, and shall promptly provide the County with copies of all receipts forggease /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 iristruction(s) or other guidance identified during the compliance f_. Each business shall pay a monthly Supplemental Service Charge as established by Resolution of the Board of County Commissioners. g: 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. Words Underlined are added; Words Stm^'� Tin are deleted. Packet Page -1405 - ragc d-) vi do N. R II 2/28/2012 Item 16.C.4. 2 Fats, Oils and grease Pr-eg .,.,, Wastewater containing cooking oil should not be discharged into the wastewater system. 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. 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 define' dinAn� GFR 61 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 di charged :only if the original source of the waste has received expressed prior written approval -groin the District. 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 tie- fhen -Jtest edkien of "otandaM Methods foi- the — 4iefi -e= n fuae eR) Ghapter"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" arid analysis "...,'shall be determined at the manhole provided, or upon suita'le to reflect the effect of constituents upon the sewage wed POTW and to determine the existence of hazard(s) to life, limb, and /or property. The OUtfaRS Of ft Site is appfopy-ia4e, er- whethef a gfab sample (or- samples) shei be taken. Nafmally, but not always, BOD and total suspended solids analyses are obtained 4afn twenAy fouf (24) hour eemposites of all eutfalls where p14 saffTles are 1. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period Words Underlined are added; Words °rt ek Thfough are deleted. Packet Page -1406- L-ar,G j' v Jo 2/28/2012 Item 16.C.4. covered by the report based on data that is representative of conditions occurring during the he reportin 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 -001 /01, 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 Words Underlined are added; Words S.,...= are deleted. Packet Page -1407 - r arm vi 2/28/2012 Item 16.C.4. 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 S. County's and District's Right of Revision T. The County and District reserve the right to establish, by Ordinance or in individual wastewater dikh"a' e �;,�more stringent limitations or requirements on discharges fie °the, wastewater disposal system if deemed necessary to comply with the obiectives of this Ordinance_: A user shall ;have an this Ordinance if i or have reason to `know, that its discharge alone or in conjunction wi other sources, would cause pass through or interference and that either: it 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 Words Underlined are added; Words Stmek —'Fl h are deleted. Packet Page -1408 - ragc ✓v vi ✓o 2/28/2012 Item 16.C.4. 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 mmcipality. 2. Prior to enteric 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 intennunicipal agreement, as required- by`paragraph , above, shall following conditions: a. A requirement for the contributing municipality to "adopt a ordinance which is at least as,stringent as`this Ordinance and L( including, required Baseline Monitoring Reports (BMRs) which as stringent as those set out in Section 3.A of this ordin, necessary to retlect changes mane to 'tne liistrict's vrainance or Locai b. A requirement: for the contributing in cipality to c. including individual wastewater discharge hermit issuance. inspection and municipality; which of these activities will be conducted by the Director; and which offthese activities will be conducted jointly by the contributing munidpalrty and the Director, A requirement for the contributing municipality to provide the Director with access to all information that the contributing municipality obtains as nart of itsretreatment activities: e. Limits . ��n the nature, quanly, ana volume of the coninouung nlun c pality's wastewater at the point where it discharges to the POTW; f. Requirements for monitoring the contributing municipality's discharge; g_ A provision ensuring the Director access to the facilities of Users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the Director; and h. A provision specifying remedies available for breach of the terms of the intermunicipal agreement. SECTION THREE: AMENDMENTS TO SECTION THREE OF ORDINANCE NO. 2003 -18. Words Underlined are added; Words Stnaek T ffeuggh are deleted. Packet Page -1409- r agc j i vi ) 0 2/28/2012 Item 16.C.4. SECTION THREE: Reporting Requirements. A. Baseline Report. 1. Within either one hundred and eighty (180) days after the effective date of a Ccategorical - ?pretreatment £standard, or the final administrative decision on a category determination under 62- 625.410(2)(d) F.A.C. whichever is later, existinsz categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the District a report which contains the information listed 2. pollutants to be discharged a. The name and addres and all Owners of five. b. A list of any environm C. A brief (but coinplete) of the facility including the name of the operator or greaterpercent of the entity; -ntal control, permits held by (or for) the facility; description of the nature, average rate of production it .Classification of the operations. This description ;matic diagram of points of discharge to the 'gulated, processes; maximum single day flow, peak one (1) hour flow, and the flow, in gallons per day, to the POTW from each of the �ner 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. Words Underlined are added. Words c«.. ek Through are deleted. Packet Page -1410 - F agc -)o vi -'o 2/28/2012 Item 16.C.4. 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.2.66 through 2.B.2(2)iv of this Ordinance. h. Sampling and analysis shall be performed in accordance with Section 2.P of this Ordinance. Words Underlined are added; Words S,...aek Thr- u,4 are deleted. Packet Page -1411- r agc .» vi -,o _ _ or .... 7-; am.910-M."I"' 0 _ 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.2.66 through 2.B.2(2)iv of this Ordinance. h. Sampling and analysis shall be performed in accordance with Section 2.P of this Ordinance. Words Underlined are added; Words S,...aek Thr- u,4 are deleted. Packet Page -1411- r agc .» vi -,o 1. I. k. 2/28/2012 Item 16.C.4. 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; 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 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 and It is required to meet the Pretreatment Standards, the-shortest schedule by Ordinance. B. Comnliance Sche -l- The Disti required to meet 7 schedule shall be be the s rtestltir and/or operation completion date i for theannlicable this ct shall require Industrial Users to develop compliance schedules lational Categorical Pretreatment Standards. The proposed compliance submitted 'to the Disyr .for review and approval. This schedule shall ie limits required for industrial users to provide additional pretreatment end maintenance in order to meet these pretreatment standards. The f this schedule shall not be later than the compliance date established National Categorical Pretreatment Standard. The following conditions •mmnl ;'anra enharinla ram,irarl by cant ;nn 2 0 7 th (11•.71 .11,.10 -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 T...ough are deleted. Packet Page -1412- ragc -ry vi J 2/28/2012 Item 16.C.4. 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 ss reports to the control authority. C. 90 -day Compliance Report. 1. An AU Industrial User then subject to the National Categorical Pretreatment standards and associated Pretreatment Requirements V44 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 eofffiee4ef source following commencement of „wastewater discharge to the POT- 3'SPOTW, a report 2. This report must indi Pretreatment Standards" consistent basis, and if no and/or pretreatment have compliance with the then and associated Pretreatme ;presentative of th professional. Th e Wei D. Periodic Compliance Reports. whether the applicable National Categorical associated' -Requirements are being met on a it additional operation and maintenance procedures i (or will be) implemented to bring the user into icable National .Categorical Pretreatment Standards ,quirements. This statement must be signed by an e industrial user and must be certified by a qualified statement must include but is not limited to the ions 3- .A.2(d)-(h) and (k) of this ordinance. For valent` mass or concentration limits established by �id ance with the procedures in subsection 62- shall contain a reasonable measure of the industrial rate. For all other industrial users subject to lards expressed in terms of allowable pollutant 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 Words Underlined are added; Words X13 are deleted. Packet Page -1413 - ragco r vi -)o 2/28/2012 Item 16.C.4. 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 keen its monitoring facilfty 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 subiect 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 irncluded in the report. -2-.3. At the discretion of the District and in consideration ofssuch 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 Industrial User prior to submittal ar in section 2.B.4 of this Ordinance. 5. All Users not required to E. authorized representative of the the specific language as auoted _.. ., •. .. ,. - _�. .. RFA N' 01 - JkM Words Underlined are added; Words Leh- Thfough are deleted. Packet Page -1414- r ar,' . YL. V L -, o F. 2/28/2012 Item 16.C.4. 1. In the case of c slug dice ar-ge any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomM batch discharge, a Slug Discharge or Slug Load, that might cause potential problems for the POTW, the User must immediately telephone and notify the POTAIS 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 D s irict 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 alt 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 P^�-S-POTW, natural resource, fish kills or any other damage.,,to person and/or property; nor shall such notification relieve the User of and- -fines, civil penalties and /or other liability, duty or responsibility which may be imposed bytthis 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 emptoyees who to, call in the event of a dangerous discharge. All sha11 ensure that, all of its respective employees who may cause or suffer such a dangerous discharge to occur are aware of the 1. any violation or tnis yramance or any potentiai promems, wnicn may occur aue 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,_ Words Underlined are added; Words °+ uek Through are deleted. Packet Page -1415 - r asr- - -) Ui J 0 2/28/2012 Item 16.C.4. 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 anal G. Periodic Compliance Report for Industrial Users not subject to National Categorical Standards. User must .. :a° Phe D0TU1 . .:ti, the .. est e .,t information en the User's diseharge. This report will be submitted tMee a year- on dates pr-eviaed by the Distfi,T 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 authoritv at least once every six months (on dates specified by the controi''authority) a description of the nature, concentration, and flow of the pollutants required to be reported by the with status of the industri 2. The reports must be based on sampling and analyses performed i covered by the report. -and-are subiect tothe same requirements District in lieu of the significant non - categorical, =indL the same requirements specified in Sections 2P.2. District itself collects ..all the 'information required fo non - categorical industrial user shall not be require laborator� analytical reports prep ar ed by the industri comply with Rule 62- 160.340. FA.0 1-. H. Notification 'of;Changed Discharge. in the must notify the POTW of any anticipated changes in wastewater characteristics r-flow, which may, affect Areatment. Each User must notify the District of any 'd significant changes to the User's operations or system which might alter the quality, or volume of its wastewater at least 60 days before the change. 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.(fl of this Ordinance in response to changed conditions or anticipated changed conditions. -J 1. . Hazardous Wastes Discharge. Words Underlined are added, Words Stmek Thfoulo. are deleted. Packet Page -1416 - rarrG; Y' Vl JU v 2/28/2012 Item 16.C.4. Within 180 days a-fter- eemmeiieemeent of -a di$char- see- must aetiF > the POT\i1, +l,o USED , �� a ti St + f ' a t, f a r antes r e n n GF Pai4 26 Hazardous Wastes as defined but not limited to Chapter 62 -730 F A C is prohibited to be discharged into the POTW. J. Notice of Upset. W th - y t. four- (24) h c a[ o of b cc of ii upvct crniart;rori -o� ser m st notify eategefiea4 standards, -and- within required' Users subiect 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 Sa:uek Tin are deleted. Packet Page -1417- r agc -r✓ vi ✓o 2/28/2012 Item 16.C.4. 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. Monitoring Facilities. The District shall require construction, operation to the County, of monitoring facilities to allow inspect internal drainage systems, and sampling and flow:... discharged to the POTAIS POTW. Appropriate valves construction of such facilities to immediately and of situations described by Section Two of this Ordinance. Th normally be situated on the User's premises, but when impractical or cause undue hardship to the User, the Distric monitoring facility to be constructed in public right -of -w, maintenance, at no expense f the building sewer and /or -ement of the waste being Lbe included in design and vely halt discharges under The monitoring facility should such' 'a` aocation would be may, if feasible, permit the 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 4` 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 focal construction standards and /or specifications. Inspection and Sampling. The District shall inspect the facilities of any User to ascertain whether the purpose of this Ordinance is f 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 POTS 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 f6ithe 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 Stme - Tz'-a -eiigh are deleted. Packet Page -1418 - r agc - V vi -Y o 2/28/2012 Item 16.C.4. 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 propert�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 mU 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.b i✓aring 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 -,Di, identification shall be permitted to free properties through which'the .District hol not limited to, inspections; `observation, maintenance of any portion of,- w� easement, shall be done in full accordance easement pertaining to the private ptoperty bearing proper "credentials and d immediately enter all private easement for the purpose of, but zrement, sampling, repair and /or iter, facilities lying within said the terms of the duly negotiated 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, pdriod'within�which the violator must correct violation(s) that are curable or correctable. Such time-period shall generally be no more than thirty (3 0) days.. If 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 jnspector 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 Stfiiek Thfeub are deleted. Packet Page - 1419- ra6v - i vi ,�o 2/28/2012 Item 16.0.4. 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.autho'nzed representative of the User. A show cause hearing shall riot be "a bar against, or prerequisite to, taking any other action against the User. 4-.4. Should any': any condition of this Ordinance occur, User will be subject to the penalties" described;in sHbparagraph 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: CM Words Underlined are added, Words e!E Thfough are deleted. Packet Page -1420 - r arc; -ovi-po 2/28/2012 Item 16.C.4. 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 11. rill 111uu3umi ua%+i .ailaii auuiii— bypass that exceeds Uplicable 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 del£ -T-hxeu,,ah are deleted. Packet Page -1421 - r agc -r-7 vi -7 o 2/28/2012 Item 16.C.4. C. Steps taken or planned to reduce eliminate, and prevent recurrence of the bypass. (c) 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 ii. B. Penalties C. above. if in 1. When the District determines, that a User {s) is contributing to the POTAIS POTW, any of the prohibited discharges iri such amount(s), which do (or which threaten to) interfere= with the operatiori of the $ POTW, or may present an endangerment to the environmenf Ahe District has authority to immediately halt or immediately ,prevent ;any such discharge(s) to the ROTA'S POTW. The District shall-pr ovide, "'Jhe e_, , °User " "notico,f this action in accordance with Section i `r 5.G "of this Ordinance: 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 al 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 POTAIS 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 ,r sixty (60) days in the County jail, or both, in the discretion of the Court. Pursuant Words Underlined are added; Words Stnaek Thfeul . are deleted. Packet Page -1422 - ragcwvi-,0 C. 2/28/2012 Item 16.C.4. to the authority of Chapter 162.09, Florida Statutes 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 Colder County Water /Wastewater Authority, the matter may also be referred for enforcement to that Authority. If the violator is a tenant, licensee or use "permttee 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 availa'ole to"xhe "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 bv:law. 8. ,;,.All aspects of< Sections 1 -6 of the Collier County Code of Laws and Ordinance also apply to this Ordinance. M previous twelve (12) months, were in sib pretreatment standards and requirements. 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 Stfusl� Tin are deleted. Packet Page -1423- ragc ✓i ui jo 2/28/2012 Item 16.C.4. 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. E 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 injuri ©us or detrimental to the general welfare of the system, its customers, or the community. r. The District may require that pretreatment flow.regulations or other-re media, preventive, or corrective facilities be installed (at no expense to-the-County) when the situation warrants provision and use of such facilities. D-. E. Suspension of Ser ,ized to immediately halt and /or immediately eliminate upon accord with�S,ection 5. E. -paFagFap" of this Ordinance, any discharge of 'pollutants to the n ^'-9-POTW, which does rnt) an imminent or substantial endangerment to the health or Lor,any animal. 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 S-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 k Tt-Thr -eugh are deleted. Packet Page -1424 - rasc -,a vi -,o 2/28/2012 Item 16.C.4. severance of the sewer connection, to prevent or minimize damage to the R9TIALS 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 f 'gig applicable State and Federal regulations, is subj accordance with the f l edu es Secfi 2. with t itions of this Ordinance or having its permit revoked in Di all t the f.g� Failure to meet ettluent limitations; Failure to pay fines; Failure to pay sewer charges or appropriate excess strength fees; fD Failure to meet compliance schedules; lk Failure to complete a wastewater survey or the wastewater discharge permit application; 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 Swab are deleted. Packet Page -1425- ragc -Y -7 vi )o 2/28/2012 Item 16.C.4. 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 SECTION SIX: Confidentiality, Public Reco: A. Confidential Information. Information and data on a User obtained applications, permits and monitoring progr, to the public or other governmental agen specifically requests confidentiality and di County Attorney that the requested confidi records laws of the State of Florida, whic Ordinance is Chapter: 119, Flotida`Statutes. INANCE NO. 2003-18. Dm reports, questionnaires, permit s and inspections shall be available without restriction unless the user 3,nstrates to the satisfaction of the ality is lawful applying the public ire "as of the effective date of this 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 inspectidn'by th&`publib bvi gha11 'be made available immediately upon request to the government agencies for uses related to this Section, the State disposal' permitting ,system and /or the State and Federal pretreatment programs provided, however, that such portions of a report shall be available for use by the State or other State agencies in judicial review or enforcement proceedings involving the ,person furnishing the report. Wastewater constituents and chaiscteristics ,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 Stmek are deleted. Packet Page -1426 - ragc ✓- vi -, o 2/28/2012 Item 16.C.4. 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. 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 arrangenments and (i) Other fees as the District may deem necessary to carry out the 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 seW a sere 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 Stftuek T-lifeugh are deleted. Packet Page -1427 - 1"agv JJ V1 JO 2/28/2012 Item 16.C.4. 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" maybe 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 day of , 2012. ATTF.RT- )WF C01UNTY COMMISSIONERS OF R COUNTY, FLORIDA AS THE EX- 0 GOVERNING BOARD OF THE COLLIER "Y WATER -SEWER DISTRICT ED W. COYLE, CHAIRMAN Words Underlined are added; Words S4uEk T4ffaulgh are deleted. Packet Page -1428 - ra6c -) v vi ..ro 2/28/2012 Item 16.C.4. 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 �excessw strength waste into the wastewater system shall be assessed normal strength wastewater charges in addition to excess strength charges calculated accordiing to the following formula: Excess Strength Fee ( ) =jY/X —1] x "jZ] x [0.5 x A] Y = Measured -concentration of wastewater constituent. X = 'Concentration of constituent in normal strength wastewater. Z = Thousands of gallons o£ 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'contams 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 Stmsl' Thfough are deleted. Packet Page -1429 - ragr- J/ Vl Jo 2/28/2012 Item 16.C.4. 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- 991999,;: $ 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 ',('OG) Program $ 12.00 Establishments * *Total Suspended Solids Analysis (TSS) $ 15.00 ** Total K'eldahl Nitro en.Aralysis -(TKN) $ 15.00 * *Chemical Oxygen Demand Analysis (COD),',,, $ 15.00 * *Biochemical Oxygen Demand Analysis (BOD)';,, L 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, ** 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 St -tell are deleted. Packet Page -1430 - r agc ✓o vi ..ro