HomeMy WebLinkAboutChapter 670: Discharge of Waters and Wastes Into City Sewer System (Pretreatment) City of Cape Canaveral
105 POLK AVENUE • P.O. BOX 326
CAPE CANAVERAL, FLORIDA 32920
TELEPHONE 407 783-1100
April 11, 1991
MEMORANDUM
TO: Mayor and City Council
FROM: Jan Leeser, City Clerk
RE: PROPOSED AMENDMENT TO ORDINANCE NO. 5-91
Please consider amending Section 670 . 37 (page 21 ) of the re-
ferenced Ordinance to read as follows:
"The City shall annually publish, in a newspaper of
general circulation in the City, . . . "
This is the verbiage used in State Statutes for other publi-
cation requirements . The way the Ordinance is currently
written we would be required to advertise in the Florida Today,
which is quite costly.
[signature]
Jan Leeser
City Clerk
I would appreciate it if this amendment
is made on Second Reading. It will
save The City money in advertising costs.
Thanks! Jan Leeser
City of Cape Canaveral
105 POLK AVENUE •P.O. BOX 326
CAPE CANAVERAL, FLORIDA 32920
TELEPHONE 407/783-1100
FAX 407/799-3170
CITY OF CAPE CANAVERAL
January 28, 1991
MEMORANDUM
To: Jim Morgan, Building Official
From: Edward Spenik, City Manager
RE: PRETREATMENT ORDINANCE WITH PORT AUTHORITY
FAX NO. (407) 686-7446
KEN REARDEN, P.E.
GEE & JENSON ENGINEERING
Please fax the answers to the following information
requests to Mr. Rearden, as soon as possible:
1. He needs portion of Standard Building Code that
deals with interceptors.
2. He wishes information on how to size the
interceptor or what criteria is there for
retrofitting.
3. He needs to know if you are available to assist
in the field with inspection and recommendations
for Port customers.
4 . He wants suggestions on maintenance schedule for
interceptors that may be typed for each business
and handed-out along with the list of licensed
haulers for interceptor.
5. Your free to help him or the Port with this
transition.
ES/ab
PRINTED ON RECYCLED PAPER
FILE COPY
BRILEY WILD
AND ASSOCIATES
September 13 ,1990
CC 1110-P
Honorable Mayor and Members
of the City Council
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral,Florida 32920
Attn: Mr. Bennett Boucher,Interim City Manager
Re: Industrial Waste Pretreatment Ordinance
Honorable Mayor and Council Members:
Briley, Wild & Associates is pleased to submit as requested a proposal for the preparation of a
sewer use and industrial waste pretreatment ordinance governing the use of the City's existing
collection, transmission and treatment facilities.
PURPOSE
The purpose of the ordinance would be to protect the City's sanitary sewer system, treatment
works, and ultimately the environment from adverse impacts created by toxic or high-strength
wastes from commercial and industrial establishments. With the establishment of the ordinance, the
City would exert more control over its treatment capabilities and therefore remain in compliance
with the discharge parameters allowed under its NPDES permit.
SCOPE
BWA proposes to prepare for the City a draft industrial waste ordinance based upon the
requirements established by the Federal Water Pollution Control Act amendments of 1972,
pretreatment standards as specified in 40 CFR, Section 403.5 (a) and (b), pertinent rules and
regulations of the State of Florida Department of Environmental Regulation and the specific needs
of the City's sewer system. The standards set forth would be the minimum requirements to ensure
the general health and welfare of the public and surrounding environment.
The ordinance would be specific in limiting industrial and commercial use of the City's sewer
system regardless of location. The ordinance would be structured by following the criteria
contained within existing pretreatment ordinances of other cities in addition to utilizing the
information contained within a draft pretreatment ordinance generated for Cape Canaveral in 1977.
Briley,Wild and Associates, Inc.
Consulting Engineers and Planners
1040 North U S Highway One
P0. Box 607 1950-1990 40 YEARS OF SERVICE
Ormond Beach, FL 32175
904/672-5660•FAX 904/673-8264
Offices in Bradenton Clearwater,
Daytona Beach,Orlando&Ormond Beach, FL
Honorable Mayor and Members
of the City Council
City of Cape Canaveral
September 13, 1990
Page 2
The drafted ordinance would contain approximately 20 to 25 pages and would include, but not
necessarily limited to the following sections:
Definitions
General Prohibitions and Limitations on Wastewater Discharges
Admission of Industrial and Commercial Waste
Industrial Wastewater Monitoring and Reporting
Enforcement Procedures
COMPENSATION
The proposed method of reimbursement for the work shall be on a lump sum basis, with the total
fee being $2450.00. This fee would include two trips to the City as required for discussions with
Port Canaveral or other industry officials and presentation of the suggested ordinance to the City
Council. Additional conferences, meetings and presentations which might be required due to the
potentially controversial nature of the ordinance would not be included within the scope of this
proposal. If additional work of this type is required or desired, reimbursement would be on the
basis of"actual costs" as defined by our existing contract.
Your acceptance of this proposal outlined herein may be made by signing below and returning one
copy to our office, which will serve as our authorization to proceed with the work. Thank you for
the opportunity to present this important item to the City.
Very truly yours,
BRILEY, WILD &ASSOCIATES,INC.
CONSULTING ENGINEERS & PLANNERS
[signature]
Scott R. Spooner P.E.
Project Manager
SRS/gmw
Accepted this 18th day of Sept. , 1990
CITY OF CAPE CANAVERAL
By: Mayor Title: [Mayor's signature]
Attest: [City Clerk's signature] Title: City Clerk
CM PWD CLO File Pre-Treatment Ord
FILE COPY
Report on January 9 , 1991 Fleeting with the [R.L. initials]
City of Cape Canaveral
on
Sanitary Sewers
( List of attendees is attached )
I. . The city presented a new draft of the proposed
ordinance on discharge of waste into the sewer
system.
A. The Gee and Jensen Engineers had several comments
regarding definitions and establishment of
special rates . Gee and Jensen will continue
their review.
B. A public reading is scheduled for Thursday ,
January 10 , 1991 at, 7: 30 PM at the City hall .
C. Comments will be heard, discussed and
incorporated as appropriate .
D. A target date of 4/1/91 has been established for
completion of this document for presentation to
City Council for approval .
II . The Gee and Jensen Engineers reported on their field
work at the Port since our December 10 , 1990 meeting .
A. At Frankies Wings the grease trap was found to be
improperly constructed and malfunctioning .
A check of the cleaning chemicals used there
showed that; they all had a Zero phosphorous
content but there is a possibility that
detergents used in their washing machine could
account for high phosphorous concentrations in
the sewage .
ACTION TO BE TAKEN : Frankies will be notified of
the malfunction and be required to repair the
grease trap or replace it with one of adequate
design and capacity .
B. At Jetty Park the rangers indicated that they had
no means of monitoring what is flushed into the
pump station from vehicle holding tanks . There
is also a Laundromat at the park and detergents
for sale at the park contained phosphorous . The
rangers indicated that they would probably have
to pay the surcharge as they had little control
of what goes in the system.
ACTION TO BE TAKEN : Gee and Jensen will
investigate chemicals used in travel trailer
holding tanks and determine if they are a source
or the problems .
C. At Cape Marina it was found that the pump station
and well were hard to access and because of the
small hatch available for inspection and sampling
there is question whether the samples taken to
date are representative of sewage pumped , or if
they contain sediment or surface scum which would
be high in phosphorous , B.O. D. and suspended
solids .
ACTION TO BE TAKEN : Gee and Jensen will collect
new samples by means of a sampling tap to be
installed on the pipe manifold exiling the pump
station. The City of Cape Canaveral will do the
chemical analysis .
III . Gee and Jensen will continue their effort with the
following tasks :
A. Check all port tenants to identify those
businesses which , per standard building code ,
should have grease traps . Determine
configuration and capacity of grease trap
required . Report to C.P.A . so that tenant can
be notified of requirements.
B. Review all existing codes , regulations and rules
regarding lift stations. If none exist or if
those existing are too vague , draft a lift
station requirement regulation which the C.P.A .
will adopt . Survey all existing lift stations at
Port Canaveral , identify those not in compliance
and report to C.P.A. so tenants can be notified.
C. Update executing drawings of the force main
system or provide new drawings as necessary by
gathering information from City of Cape Canaveral
personnel as well as C.P.A. personnel .
D. Continue the efforts outlined in their December
13 , 1990 proposal including :
1 . Review of proposal ordinance .
2 . Classification of each tenant
3 . Computer design analysis of the system with
different load scenarios . Evaluate Frankies ,
Cape Marina and Jetty Park lift stations
vis-a-vis this analysis and make
recommendations .
4 . Design typical lift stations for presentation
to tenants
IV. Issues which were discussed informally as potential
solutions should the means presently being studied
not reach fruition.
•
A. The concept limiting sales of certain types of
laundry detergents which contain phosphorous
within the City of Cape Canaveral and Port
Canaveral was discussed. Most major detergent
manufacturers make both types and typically the
liquid types are zero or low phosphorous. It is
possible that the E.P.A. , by squeezing the waste
water treatment plants , is trying to legislate
requirements on detergent components .
B. Facilities which service recreational vehicle
holding tanks , whether they be boats or over the
road types , may have to hold discharges in tanks
and have them hauled to special treatment
facilities if chemicals used are indeed the cause
of the problems .
Next Meeting January 25 , 1.991 at 10 : 00 A . M .
Attendees C. P.A. - City of Cape Canaveral
January 1 , 1991 Meeting :
Name Company
Ken Itearden Gee & Jensen
Pierre Rakel Gee & Jensen
Bennett Boucar City of Cape Canavpral
Keith Jordan City of Cape Canaveral
John A. Webb Gee & Jensen
Ed Spenik City of Cape Canaveral
Scott Spooner Briley , Wild , &. Assoc .
Charles Rowland C.P.A.
Richard Lombroia C. P.A.
REPORT ON JANUARY 10 , 1991 PUBLIC READING OF
PROPOSED SEWAGE ORDINANCE
AT THE
CITY OF CAPE CANAVERAL
1 ) The proposed Ordinance was read aloud and the salient
points were expounded on by Scott Spooner the
consulting Engineer for City of Cape Canaveral .
2 ) It appears to be the City of Cape Canaveral ' s
intention to have all ind►.►stria.l or commercial users
respond to a questionnaire which will be used to
determine if a respondent, is a "Significant industrial
User" or not. "Significant industrial Users" , will be
subjected to an elaborate battery of tests .
3 ) Once abnormal strength wastes are detected in a users
discharge , surcharges of 'up to $1 , 000 per• day will be
imposed until the situations is rectified .
4 ) The Ordinance also establishes the right of the City
to refuse service to anyone who does not comply .
5 ) Comments from the Commissioners and the audience
ranged from semantic and legal issue correction, to
concerns that the limits which were to be set were not
attainable .
6 ) Comments will be incorporated and new drafts
distributed . •
•
I.,
FILE COP?
MINUTES FROM THE JANUARY 25 , 1991 MEETING
WITH CITY OF CAPE CANAVERAL ON
SANITARY SEWERS
( List of attendees is attached)
o Gee & Jenson gave a brief overview of their lift
station inspection. Twenty-five to thirty percent are
in good condition, forty percent are abominable and
require major rework or replacement , the remaining
thirty to thirty-five percent need some degree of
work. The Gee & Jenson Engineers and the City of Cape
Canaveral personnel will review the findings ,
together, point by point in the field and produce a
final report.
o The oil separator discharge will be tested to insure
that it is within the ordinance requirements. If
necessary, modifications to the system will be made.
o Gee & Jenson will give written comments on the
proposed Ordinance to the City next week.
o The C.P.A. should request the City of Cocoa and the
City of Cape Canaveral to include in their interlocal
agreement , a provision which permits the City of Cape
Canaveral to turn off the water supply to any tenant
who does not comply with the proposed ordinance.
o The typical lift station design should include a
shut-off valve on the force main side of the system.
This apparently a D.E. R. regulation.
o Gee & Jenson will evaluate each station inspected and
recommend new equipment to be installed.
Additionally, they will study a gravity collection
system with multiple collection lift stations on a
conceptual basis. Costs will be applied to each
approach and compared.
o Gee and Jenson was given the following set of marching
orders , listed in order of priority:
1 ) Provide the City with written comments on the
proposed ordinance.
2 ) Prepare the standard design for lift stations and
grease traps .
3 ) Reinspect all systems together with the city
personnel .
4 ) Identify immediate problems such as inadequate or
lack of grease traps and report to C.P.A.
5 ) Take samples form the Oil Separator.
6 ) Prepare list of specific problems at each
individual station and cover letter to be sent to
tenants . Submit for C.P.A. review.
7 ) Prepare schematic design of a gravity collection
system in the area bounded by Mullet Drive and
George King Blvd. on the South, Scallop Drive on
the West , Flounder Street on the East, and the
bulkhead on the North.
8 ) Design a permanent installation for the Odophous
Tank including retaining wall , metered feed
equipment, etc.
o The City of Cape Canaveral will notify the C. P.A. of
next workshop on the ordinance once it has been
scheduled.
ATTENDEES C.P.A. - CITY OF CAPE CANAVERAL
January 25 , 1991
Meeting
Name Company
Ken Rearden Gee & Jenson
Pierre Rakel Gee & Jenson
Bennett Boucher City of Cape Canaveral
Keith Jordan City of Cape Canaveral
Ed Spenik City of Cape Canaveral
Scott Spooner Briley, Wild, & Assoc .
Charles Rowland Canaveral Port Authority
Richard Lombroia Canaveral Port Authority
Joe Lapolla Canaveral Port Authority
Bud McMann Canaveral Port Authority
FILE COPY BENNETT BOUCHER
Minutes from the March 4 , 1991 Meeting
with the
City of Cape Canaveral
on
Sanitary Sewers
( List of attendees is attached )
• Gee and Jenson has completed their review of the
proposal ordinance and sent the comments to Scott
Spooner. Eight of ten comments were incorporated in new
draft which was distributed today.
Changes in the new draft were described by Scott
Spooner. Gee and Jenson will review and comment .
• A March 28th workshop meeting on the new draft will be
held at city hall preceding the April 2nd City
Commission Meeting where the ordinance will be presented
for the first of two readings prior to adoption.
• The CPA requested that the ordinance specifically tie in
the duty of the "Plumbing Official" , as this individual
is given authority by the standard plumbing code to make
judgments regarding requirements for grease traps , etc .
The city and their consultant agreed to do this .
• The City will send a letter to each tenant and copy the
CPA in situations where they presently feel , as the
Plumbing Official , that grease traps must be installed ,
or where the ones existing are inadequate or improperly
maintained . Installation or maintenance of said grease
traps will be mandatory , non compliance will be enforced
by the terms of lease agreements and this action is to
be independent and prior to the sewage discharge
ordinance .
• Grab samples were taken from the oil separator facility
but have not been released by the lab. These samples
were taken from a holding tank of water to be released
into the sewer but not during operation of the plant .
Ed Spenik requested that samples be taken during the
operation of the facility. CPA will coordinate .
• Cape Marina was also sampled on February 20th. Results
showed high suspended solids and phosphorous at 11 . 8
PPM . Keith Jordan indicated the phosphorus was low for
Cape Marina, about what would be normally be expected.
Note that this is higher than the ordinance permitted
10 . 0 PPM .
CPA asked the question , "What can such an operation
( coin laundry, showers and public restrooms ) do to get
their discharge within acceptable limits?" Speculative
response was ; quit pumping out boats or clean out
residue from the bottom of the wet well .
• The City and Gee and Jenson have completed their joint
inspection.
• Gee and Jenson presented a summary of estimated costs to
repair the existing pump stations on Scallop Drive ,
Mullet Road , Glenn Cheek Drive , and Flounder Street .
Results are as follows:
• Tenants upgrade stations maintaining $194 , 500 . 00
salvageable equipment .
• Replace with new gravity system - $413 , 350 . 00
Two master lift stations .
• Replace with Airvac Vacuum collection $360 , 200 . 00
system - Two master pump stations.
Note that the initial upgrade of existing systems does
nothing to upgrade the sanitary sewer manifold system
( connecting force main pipe ) whereas the latter two
involve complete replacement of the existing pipes .
• Gee and Jenson will finalize their station by station
report and submit along with some additional cost to
benefit studies on the various systems .
• Gee and Jenson will identify at once , stations where
conditions are so bad as to present a clear and present
danger to life and limb. They will compare notes with
the City then report to CPA so that we can require that
tenants make repairs immediately.
• Next group meeting April 8th at 1 : 00 at CPA.
Attendees C.P.A. - City of Cape Canaveral
March 4 , 1991 Meeting :
Name Company
Ken Rearden Gee & Jenson
Pierre Rakel Gee & Jenson
Bennett Bouchar City of Cape Canaveral
Keith Jordan City of Cape Canaveral
John A. Webb Gee & Jenson
Ed Spenik City of Cape Canaveral
Scott Spooner Briley, Wild, & Assoc .
Richard Lombroia C.P.A.
CM PWI? FILE COPY 9108064
GEE&JENSON January 29, 1991
Scott Spooner, P .E .
Assistant Director Enginering
Briley, Wild & Associates
1040 North U.S . Highway One
Ormond Beach, Florida 32175
Re : City of Cape Canaveral
Pre-treatment Ordinance
Canaveral Port Authority' s Consultants Comments
Gee & Jenson Project No. W9058
Dear Mr. Spooner:
Attached are our comments regarding the pre-treatment ordinance
for your review and insertion of applicable comments into the
ordinance.
We primarily agree with the ordinance; however, we do have the minor
comments as attached hereto. Please utilize these comments as
necessary for the workshop meeting on January 31, 1991 .
It is always a pleasure working with the City of Cape Canaveral .
The Port Authority wishes to cooperate to the fullest extent
possible to resolve this matter.
If you have any questions regarding these comments please do not
hesitate to contact us .
Very truly yours,
[signature]
Kenneth M. Rearden, P .E.
KMR/nan
Enclosure
W9058
cc : Joe Lapolla, Canaveral Port Authority
Richard Lombroia, Canaveral Port Authority
Bennett Boucher, City of Cape Canaveral
John Webb, Gee & Jenson
Pierre Rakel, Gee & Jenson
One Harvard Circle•West Palm Beach,Florida 33409-1923•407/683-3301 •FAX 407/686-7446
COMMENTS ON PRETREATMENT ORDINANCE
Page 1, Section 670 . 05
There is no reference to an industrial user. We believe the word
"industrial" should be included in the second sentence .
Page 9, Section 670 . 13, subparagraph 9
This statement needs more definition regarding the treatment plant
process employed. It is totally wide open and could be defined as
any type of treatment process . The actual treatment process of
the Cape Canaveral Wastewater Treatment Plant should be defined
more in this section.
Page 10, Section 670 . 15, paragraph c
This paragraph does not address action on any existing systems .
Page 11, Section 670 . 17, Paragraph b, Subsection 3
These are referred to "at cost" . Need more definition of the cost
defined in this ordinance .
Page 11, Section 670 . 19, Subparagraph a
This section does not address existing systems the way it is
written. It is written around any new systems that may come on
line . We believe the intent is for any existing systems and new
systems .
Page 13, Section 670 . 19, Paragraph h, Subparagraph 3
This statement indicates that there may be a regulation limiting
the rate and time of discharge from any user. This is a concern
because the user would need to have some sort of holding system
until the discharge is allowed. Clarification on this statement
needs to be made.
Page 13, Section 670 . 19, Paragraph i
The last sentence indicates " . . .the permit shall include a reasonable
time schedule for compliance" . A definition of "reasonable time"
needs to be clarified.
GEE & JENSON
COMMENTS ON PRETREATMENT ORDINANCE
continued
Page 14, Section 670 . 19, Paragraph k, Subparagraph 2
This subparagraph is a little unclear because the City is actually
doing the report testing per this Ordinance; therefore, the term
"user" should be clarified with a statement regarding the City' s
testing requirements .
Page 14, Section 670 .21, Paragraph a
It is difficult to construct a wetwell downstream of any treatment
storage or other approved work on a force main system as in
Canaveral Port Authority. The verbage of this sentence needs to
be redefined that the control manhole can be the wetwell to the
pumping station. If that is the intention of this section.
Page 18, Section 670 .29
There is no statement in the enforcement procedures as to how a
reinstatement discharge into the collection system is made after
correction.
GEE&JENSON
CM PWD File Pretreatment Ord (pm day)
12/11/90 15:35
Z 85694849877
FILE COPY
PORT CANAVERAL & FOREIGN TRADE ZONE 136
CANAVERAL PORT AUTHORITY 407-783-7831
FAX TRANSMITTAL MEMO
TO: Ed Finch
DEPT: City Mgr.
FAX#: 799-3170
FROM: J. Lapolla
PHONE: 783-7831
NO. OF PAGES: 2
Post-It grand fax transmittal memo 7671
TO: All Tenants
FROM: Joseph Lapolla, Deputy Exec . Director/Dir . of
Engineering
DATE : 11 December 1990
Proposed Ordinance [illegible]
SUDJ : More stringent requirements for discharge of sewerage
into the Port' s sewerage mains
Owing to more stringent federal and state requirements regarding
operation of sewerage plants and the quality of discharge as
evidenced by recent EPA tines levied on the City of Cape
Canaveral for exceeding phosphorous limits in their sewerage
effluent, it is deemed necessary to enact an ordinance setting
forth standards for
• equipment valving and pumps and other appurtenances
required for wet well
• establish prohibitions on the discharge of certain
substances into the sewerage system as well as
establish limits on certain parameters of sewerage
discharged into the sewer mains
• require the individual users to provide chemical
analysis of their discharge as well as other pertinent
information
• require periodic maintenance of the wet well system
including periodic cleaning of grease traps as
applicable
• establishing fines and penalties for non-performance
♦ may require pre-treatment by the tenants of sewerage
prior to discharge into the sewerage system.
As a result of testing of two industrial /commercial users at the
Port, penalties averaging $475 and $11 , 600 per month were
computed using the limitations taken from the proposed
ordinance .
In order to assist tenants , the Port will embark on an
engineering study df the aforementioned two
12/11/90 15: 35 Z 85694849877
All Tenants
12/11 /90
2
commercial / industrial establishments to recommend a retrofit
plan to their tenants for their wet well and pump discharge
systems. Tenants will be encouraged to keep an adequate record
of what goes into the sewerage system. It is hoped that this
combination of efforts will bring their systems within
compliance with the proposed ordinance.
In an effort to reduce the cost to tenants and to establish
uniformity , the Port will inspect all wet well discharge pumps
in the near future and recommend to the tenants any retrofitting
necessary to meet the standards established by the ordinance.
The testing and corrective action required with regard to
bringing the sewerage into compliance , the retrofitting, testing
and analysis of the type and quantities of discharge into the sewerage
system will , of necessity , be borne by the tenants.
Failure to take this action may result in fines in accordance
with the subject ordinance . A copy of the proposed ordinance is
available at the Canaveral Port Authority and may be obtained by
contacting Tara Stegner at 783-7831 .
Leaseholders will be held accountable and responsible for
actions of their subtenants .
It is essential that we obtain the full cooperation of all
tenants in bringing our sewerage system into compliance with the
aforementioned ordinance from both an environmental and
financial standpoint. The proposed ordinance will apply equally
to both city residences and businesses as well as Port tenants .
The Canaveral Port Authority stands ready to assist tenants to
the extent set forth herein. The degree of cooperation received
in meeting this ordinance may well determine the extension of
our sewerage franchise agreement with the City of Cape Canaveral
which results in lower sewerage costs for both the City and Port
than if each had their own sewerage system. Accordingly , your
cooperation in assisting both the Port and the City in meeting
the spirit and letter of the proposed ordinance is greatly
appreciated .
JL:wm
[illegible]
Ordinance hearing - [illegible]
FILE COPY
910229-0408
Post-It brand fax transmittal memo 7671 # of pages:
To: Ed [illegible]
From: Ren [illegible]
Co.:
Co.: Gee & Jenson
Dept.:
Phone #: 4-7/683-3301
Fax #: 407/799-3170
Fax #: 407/686-7446
GEE & JENSON
April 5, 1991
DISTRIBUTION
Mayor NO
City Council NO
City Mgr. YES
City Atty. NO
Pub. Works Dir. YES
Building Off. NO
Finance Dir. NO
Briley Wild & Assocaites
1040 North U.S. Highway One
Ormond Beach, Florida 32175
Attn: Scott Spooner, P.E.
Re: Pre-Treatment Ordinance Comments
Canaveral Port Authority Concerns on Prohibited
Discharge Limitations
Dear Mr. Spooner:
Since we last commented on the pre-treatment ordinance on January
29, 1991, there have been some comments and concerns regarding
limitations of toxic pollutant concentrations entering the City's
sewer system. When analyzing and researching existing data
available regarding the discharge from the oil/separator, we
discovered some stringent requirements in the proposed pre-
treatment ordinance on toxic pollutants acceptable limits . The
following comments on Section 670 . 13 of the Ordinance are offered
for your consideration and inclusion into the ordinance .
1 . Paragraph (c) (2) - Maximum pH should be changed to 9.0.
2 . Paragraph (c) (4) - Change temperature limitation to 150°F
(65 C) .
3 . Paragraph (c) (10) - Describe toxic pollutants in more detail
(ref. 40CFR 433 . 11 (e) ) total toxic organics (TTO) is the
summation of all quantifiable values greater than 0.01
ppm. Limit TTO to maximum for any one day to 2.13 mg/1 .
4 . Paragraph (c) (11) -- Consider changes to the following
limitations of pollutants :
Maximum Maximum
For Any Monthly Average
1 Day (mg/1) (mg/1)
Cadmuin 0 . 69 0 .26
Chronium (T) 2 . 77 1 . 71
Copper (T) 3 . 38 2 . 07
Lead (T) 0 . 1 0 . 05
One Harvard Circle•West Palm Beach,Florida 33409•1923•407/683-3301 FAX 407/686-7446
Briley Wild & Associates
Attn : Scott Spooner, P.E.
April 5, 1991 - Page 2
Maximum Maximum
For Any Monthly Average
1 Day (mg/1) (mg/1)
Nickel (T) 1.0 0.4
Silver (T) 0.1 0.05
Zinc (T) 1.2 0.65
Cyanides 0.1 0.05
Add maximum for any one (1) day column for remainder of
pollutants listed.
With these changes, the Port and all service customers will have a
better understanding and a more defined guideline with which to
work . Please review and comment or insert into the final draft
ordinance .
Together we can jointly come to a well defined pre-treatment
ordinance that will keep a safer and cleaner environment , As
always, it is a pleasure working with the City of Cape Canaveral ,
The Port is interested in maintaining a safe system and wishes to
assist in any way possible .
Thank you for your cooperation regarding this matter. If you
should have any questions please do not hesitate to contact us.
Very truly yours,
[signature]
Kenneth M. Rearden, P.E.
.
KMR/nan
W9102
cc : Richard Lombroia
Joe LaPolla
Ed Spenik
Bennett Boucher
John Webb
GEE & JENSON .
FILE COPY FILE COPY
City of Cape Canaveral
105 POLK AVENUE • P.O. BOX 328
CAPE CANAVERAL, FLORIDA 32920
TELEPHONE 407 783-1100
CITY OF
CAPE CANAVERAL
December 26, 1990
To: All Commercial and Industrial Businesses
RE: COMMERCIAL AND INDUSTRIAL WASTEWATER ORDINANCE
The City of Cape Canaveral in an effort to maintain
compliance with the Federal Water Pollution Control Act
Amendment of 1972, will begin an inspection and monitoring
program of commercial and industrial users connected to
the City sewer system, within Cape Canaveral and Port
Canaveral.
An onsite sewage and plumbing inspection will be conducted
for compliance with The Southern Building Code and a new
Proposed Wastewater Ordinance. A sampling analysis of the
wastewater discharges from your business will be analyzed
for the United States Environmental Protection Agency and
the Florida Department of Environmental Regulation Agency
for limitations to phosphorous and grease solids that are
discharged into the City' s sewer system.
If the inspection and sampling analysis determine that you
are in non-compliance with the pollutant parameters
set-forth in the Proposed Wastewater Ordinance, or The
Southern Building Code , you will be responsible for
corrections, when the Ordinance is put into effect.
Your cooperation is necessary, and we will work together
towards any improvements or modifications.
A City Council Workshop is scheduled to be held on
Thursday, January 10, 1991, at 7 : 30 p.m. at the City Hall
Annex to review the Proposed Wastewater Ordinance. The
Proposed Ordinance will be available at the Workshop.
Sincerely,
[signature]
Edward Spenik
City Manager
ES/ab
9100022
FILE COPY
CM PWD w/ all [illegible]
file pre-treatement ord
Jan 14 1991
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET. N.E.ATLANTA,GEORGIA 30365
REF: 4WM-FP
Mr. Bennett Boucher
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920
RE: Pretreatment Program Development
Dear Mr. Boucher:
I am pleased to learn that the City of Cape Canaveral is
developing a sewer use ordinance to address current and future
industrial wastes and is conducting an industrial survey.
Although EPA has not required the City of Cape Canaveral to
develop an industrial pretreatment program in the past, the
results of your industrial waste survey may indicate that the
City should be required to develop a program. Whether or not EPA
requires the City to develop a pretreatment program, we will
review your sewer use ordinance, preferably before it is adopted
by the City, and make recommendations . We will also provide
assistance on the technical and administrative aspects in the
development of a pretreatment program to meet the requirements of
the General Pretreatment Regulations, 40 CFR 403 .
The Guidance Manual for POTW Pretreatment Program Development is
the basic document for preparing a program. The other enclosed
material will also provide useful guidance:
General Pretreatment Regulations with all revisions
Summary - National Categorical Pretreatment Standards
Model Ordinance - Draft
Example Industrial User Permit
As you work on the sewer use ordinance and evaluate the need for
a pretreatment program, please contact Art Gurley or me at (404 )
347-3973 as questions arise.
Sincerely yours,
[signature]
Albert B. Herndon, P.E.
Chief, Pretreatment Unit
Compliance Section
Water Management Division
Enclosures ( 5)
Printed on Recycled Paper
City of Cape Canaveral
105 POLK AVENUE • P.O. BOX 326
CAPE CANAVERAL, FLORIDA 32920
TELEPHONE 407 783-1100
CITY OF
CAPE CANAVERAL
April 17, 1991
TO: All Commercial and Industrial Sewer Customers of the City
of Cape Canaveral
RE: ADOPTION OF ORDINANCE NO. 5-91, ESTABLISHING REGULATIONS
FOR PRETREATMENT OF DISCHARGE INTO THE CITY OF CAPE
CANAVERAL SEWER SYSTEM
As you are aware , for the past few months the City has been
working on developing regulations to protect the City' s sewer
system.
The proposed ordinance has been approved at First Reading by
the City Council and is scheduled for Second Reading and
adoption on Tuesday, May 7, 1991. The meeting will be held at
the City Hall Annex, 111 Polk Avenue , Cape Canaveral , at 7 : 30
P.M.
You are invited to attend this meeting and be heard. Copies of
the proposed ordinance are available at City Hall. Please do
not hesitate to call me at 783-1100 if you have any questions
regarding this matter.
[signature]
Edward Spenik
City Manager
THE CITY OF CAPE CANAVERAL SUPPORTS RECYCLING
PRINTED ON RECYCLED PAPER
Codified Sept. 91
ORDINANCE NO. 5-91
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA,ESTABLISHING CHAPTER 670,
DISCHARGE OF WATERS AND WASTES INTO CITY SEWER
SYSTEM, OF THE CODE OF ORDINANCES; ESTABLISHING
PROCEDURES, DEFINING RESPONSIBILITIES, SETTING
STANDARDS AND LIMITATIONS ON THE DISCHARGE OF
WASTE INTO THE CITY'S SEWER SYSTEM; TO INCREASE
PROTECTION TO THE SANITARY SEWER SYSTEM,
TREATMENT WORKS AND THE ENVIRONMENT IN
ACCORDANCE WITH STATE AND FEDERAL REQUIREMENTS;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The Federal Water Pollution Control Act Amendments of 1972, P.L. 92-500
(hereinafter referred to as the "Act") have resulted in an unprecedented program of cleaning up ow
Nation's waters;
WHEREAS, this City has already made and will continue to make a substantial financial
investment in its wastewater treatment system to achieve the goals of the Act; and
WHEREAS, this City seeks to provide for the use of its wastewater treatment system by
industries served by it without damage to the physical facilities, without impairment of their normal
function of collecting, treating and discharging domestic wastewater, and without the discharge by
the City's wastewater treatment system of pollutants which would violate the discharge allowed
under its National Pollutant Discharge Elimination System (NPDES) permit and the applicable rules
of all governmental authorities with jurisdiction over such discharges.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Cape Canaveral,
Florida as follows:
SECTION 1. Chapter 670, Discharge of Waters and Wastes into City Sewer System is hereby
established as follows:
CHAPTER 670
DISCHARGE OF WATERS AND WASTES
INTO CITY SEWER SYSTEM
Sec. 670.01 Purpose.
The purpose of this Ordinance is to protect the City's sanitary sewer system, treatment
works, and ultimately, the environment from adverse impacts created by toxic or high strength
wastes from commercial and industrial establishments.*
ORDINANCE NO. 5-91
PAGE 1 OF 24
*[Ord. No. 5-91, §1, 7 May 91]
Sec. 670.03 General Provisions.
The policy is hereby established which will be effective upon the passing of this Ordinance that
the provisions of this Ordinance will be enforced to the fullest extent possible. These requirements
are in accord with the Federal Water Pollution Control Act amendments of 1972 and pretreatment
standards as specified in 40 CFR, S 403.5 (a) and (b), and pertinent rules and regulations of the
State of Florida Department of Environmental Regulation which must be complied with by all
applicable commercial and industrial facilities. The standards set forth are minimum requirements to
ensure the general health and welfare of the public and the surrounding environment.*
Sec. 670.05. Application of Chapter Provisions.
The use of City wastewater facilities by an entity shall subject that entity to the application of
this Ordinance. This shall include, but not be limited to, wholesale, retail, industrial, commercial,
and large agreement users, whether inside or outside the City limits.*
Sec. 670.07. Definitions.
As used herein, the following terms shall have the meanings stated:
Act: The Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 U.S.C. 1251, et. seq.
Authorized Representative of Industrial User: An authorized representative of an
industrial user may be:
a. A principal executive officer of at least the level of vice president, if the industrial user
is a corporation;
b., A general partner or proprietor if the industrial user is a partnership or proprietorship,
respectively
c. A duly authorized representative of the individual designated above if such
representative is responsible for the overall operation of the facilities from which the
indirect charge originates.
B.O.D.: The abbreviation for biochemical oxygen demand or the quantity of oxygen used
in the biochemical oxidation of organic matter in a specified time(five(5)days) at a specified
temperature (twenty (20) degrees centigrade) and under specified conditions (standard
laboratory)expressed in terms of weight and concentration (milligrams per liter).
Categorical Industrial User: A person discharging pollutants which are regulated by
pretreatment standards established by the EPA which address various processes/activities
being performed within the establishment; may or may not have been assigned an SIC
number.
ORDINANCE NO. 5-91
PAGE 2 OF 24
Chemical Oxygen Demand (C.O.D.): A measure of the oxygen equivalent of that
portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical
oxidant.
City: All that land and area included within the boundary of Cape Canaveral, Florida, in
which the City Council proposes to acquire, establish, construct, extend, operate, and
maintain sanitary sewerage facilities,except as follows:
a. All county, state, and federally owned land and water area located in the incorporated
area of Cape Canaveral, except where the county, state, and federal government
consent to the provisions of this Ordinance.
b. All land and water area duly franchised by the City Council to privately owned sewer
utility companies or to municipal corporations, for the provisions of sewer service in
the unincorporated area of Cape Canaveral, except where the privately owned sewer
utility companies consent to the provisions of this Ordinance.
Collection System: The system of public sewers to be operated by the City of Cape
Canaveral or public sewers connected to the City system collecting wastewater from point
sources.
Cooling Water: The water discharged from any use such as air conditioning, cooling or
refrigeration,during which the only pollutant added to the water is heat.
Compatible Pollutant: BOD, suspended solids, pH and fecal coliform bacteria and such
additional pollutants as are now or may be in the future specified and controlled in the City's
NPDES permit for its wastewater treatment works where said works have been designed and
used to reduce or remove such pollutants.
Designee: Person authorized in writing by the City Manager to carry out the provisions of
this Ordinance.
Domestic Wastewater: Wastewater derived principally from dwellings, commercial
buildings, institutions, and industry resulting from household or toilet wastes resulting from
human occupancy.
Establishment: A public or private institution in which certain functions are performed.
Garbage: Solid waste from domestic and commercial preparation, cooking,and dispensing
of food, and from handling, storage, and sale of produce.
Industrial and Commercial Waste Pretreatment Agreement: A contractual
agreement in fulfillment of U.S. Environmental Protection Agency pretreatment program
requirements wherein the industrial or commercial user agrees to comply with specific
conditions set forth in the agreement and in return the City agrees to provide wastewater
treatment service pursuant to this Ordinance.
ORDINANCE NO. 5-91
PAGE 3 OF 24
Industrial or Commercial Waste: The liquid wastes from industrial, commercial, or
institutional processes as distinct from domestic or sanitary sewage.
* Industrially Classified User: A nonresidential, nongovernmental user whose liquid
wastes are, in part, made up of flows related to industrial processes rather than being
composed of flows resulting from human occupancy; and whose industrial process flows
contain toxic pollutants which interfere, have the potential to interfere, are incompatible,or
would reduce the utility of the sludge or treated effluent, or which have any other adverse
affect on the treatment works.
mg/I (milligrams per liter): The strength or concentration of a constituent in a solution;
also expressed as parts per million.
Natural Outlet: Any outlet into a watercourse, pond, ditch, lake, or other body of surface
or groundwater.
National Pollution Discharge Elimination System or NPDES Permit: A permit
issued pursuant to Section 402 of the Act (33 U.S.C. 1342).
National Categorical Pretreatment Standard or Pretreatment Standard: Any
regulation containing pollutant discharge limits promulgated by the EPA in accordance with
Section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of
industrial users.
Non-Compliant User: Any person who discharges wastewater which is in violation of
any pretreatment requirements (limits, sampling, analysis, reporting) as defined in 40 CFR
123.45.
Person: Any individual, establishment, firm,company, association, society,corporation,or
group.
pH: The logarithm of the reciprocal of the hydrogen ion activity,expressed in units.
Pretreatment Requirements: Any substantive or procedural requirement related to the
pretreatment, other than a national pretreatment standard imposed on a significant industrial
user.
Pretreatment or Treatment: The reduction of the amount of pollutants, the elimination of
pollutants, or the alteration of the nature of pollutant properties in wastewater to a less
harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a
POTW. The reduction or alteration can be obtained by physical, chemical or biological
processes except as prohibited by 40 CFR, Section 403.6(d).
ORDINANCE NO. 5-91
PAGE 4 OF 24
Pass-through: A state of non-compliance with an NPDES Permit in which toxic or harmful
pollutants pass through the treatment plant into the environment in such concentrations as to
have an adverse effect.
Properly Shredded Garbage: The wastes from the preparation, cooking, and dispensing
of foods, that have been shredded to such a degree that all particles will be carried freely
under the flow conditions normally prevailing in public sewers with no particle greater than
one-half inch (1.27 centimeters) in any direction.
Publicly Owned Treatment Works (POTW): A treatment works as defined by Section
212 of the Act (33 U.S.C. 1292) which is owned by the City. This definition includes any
sewers that convey wastewater to the POTW treatment plant.
Public Sewers: A sanitary sewer to which all owners of abutting properties have equal
rights and which is controlled by public authority.
Sanitary Sewage: The household and toilet wastes resulting from human occupancy.
Sanitary Sewer: Pipe or conduit which carries sewage and to which storm, surface, and
ground waters are not intentionally admitted.
Sewage: A combination of water-carried wastes from residences, business buildings,
institutions, and industrial establishments, together with such ground, surface, and storm-
waters as may be present.
Sewage Works: All facilities for collection, pumping, treatment, and disposing of
wastewater.
Shall is mandatory; "may" is permissive.
Significant Industrial User: Shall include the following:
a. All categorical industrial users.
b. Any non-categorical industrial/commercial user that
- Discharges 25,000 gallons or more per average work day
- Contributes a waste stream which makes up 5 percent or more of the average
hydraulic or organic (BOD,TSS,etc.)capacity of the treatment plant
- Has toxic pollutants in the wastewater as defined pursuant to Section 307 of
the Act or State Statutes and rules
- Is found by the City, the Florida Department of Environmental Regulation
(FDER) or the U. S. Environmental Protection Agency (USEPA) to have
significant impact on the wastewater treatment system, the quality of sludge, the
system's effluent quality, endangerment of POTW workers or air emissions
generated by the system
ORDINANCE NO. 5-91
PAGE 5 OF 24
* Significant Noncompliance: Any violation of pretreatment requirements (limits,
sampling, analysis, reporting and meeting compliance schedules) as defined in 40 CFR
123.45.
Slug: Any discharge of water or wastewater which in concentration of any given constituent
or in quantity of flow exceeds for any period or duration longer than fifteen (15) minutes
more than five (5) times the average twenty-four-hour concentration of flows during normal
operation and shall adversely affect the collection system and/or performance of the
wastewater treatment works.
Standard Industrial Classification (SIC): A classification pursuant to the Standard
Industrial Classification Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
Storm Sewer: A sewer which carries storm and surface waters as drainage but excludes
sewage and polluted industrial waste.
Surcharge: A charge levied on the users of the treatment works whose wastewater
discharge exceeds the parameters established for wastewater strength.
Suspended Solids: Solids that either float on the surface of or are in suspension in water,
wastewater,or other liquids and which are largely removable by laboratory filtration.
Treatment Works: The wastewater treatment plant, interceptors, force mains, lift stations,
and collection systems.
Unpolluted Water: Water not containing any pollutants limited or prohibited by the
effluent standards in effect, or water whose discharge will not cause any violation of
receiving water quality standards.
User: Any person who discharges, causes or permits the discharge of wastewater into the
City's wastewater treatment system.
Wastewater Treatment Plants: Any arrangement of devices and structures used for
treating wastewater.
*[ ]
Sec. 670.09 Use Of Public Sewers Required.
A. It shall be unlawful for any person to place, deposit, or permit to be deposited in any
unsanitary manner on public or private property within the City of Cape Canaveral, or in any area
under the jurisdiction of said City, any human or animal excrement, garbage, or other objectionable
waste.
ORDINANCE NO. 5-91
PAGE 6 OF 24
B. It shall be unlawful to discharge to any natural outlet within the City of Cape Canaveral,
or in any area under the jurisdiction of said City, any sewage or other polluted waters, except where
suitable treatment has been provided in accordance with subsequent provisions of this Ordinance.
C. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy,
privy vault, septic tank,cesspool, or other facility intended or used for the disposal of sewage.
D. The owner of all houses, buildings, or properties used for human occupancy,
employment, recreation, or other purposes situated within the City and abutting on any street, alley,
or right-of-way in which there is now located or may in the future be located a public sanitary sewer
of the City, is hereby required at his expense to install suitable toilet facilities therein, and to connect
such facilities directly with the proper public sewer in accordance with the provisions of this
Ordinance, within sixty (60) days after date of official notice to do so; provided, that said public
sewer is within one hundred fifty (150) feet of the property line. *
Sec. 670.11. Building Sewers And Connections.
A. No unauthorized person shall uncover, make any connections with or opening into,
use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written
permit from the City.
B. The permit application shall be supplemented by any plans, specifications, or other
information considered pertinent in the judgement of the City. A permit and inspection fee shall be
paid to the City at the time the application is filed. The permit fee for those establishments
discharging industrial wastewater is further explained in Sec. 670.17.
C. All costs and expenses incidental to the installation of the building sewer shall be borne
by the owner. The owner shall indemnify the City against any loss or damage that may directly or
indirectly be occasioned by the installation of the building sewer.
D. A separate and independent building sewer shall be provided for every building; except,
that where one building stands at the rear of another, on an interior lot and no private sewer is
available or can be constructed to the rear building through an adjoining alley, court, yard, or
driveway, the building sewer from the front building may be extended to the rear building and the
whole considered as one building sewer.
E. Old building sewers may be used in connection with new buildings only when they are
found,on examination and test by the City, to meet all requirements of this Ordinance.
F. The size, slope, alignment, materials of construction of a building sewer, and the
methods to be used in excavating, placing of the pipe,jointing, testing, and back-filling the trench
shall conform to the requirements of the building and plumbing codes or other applicable rules and
ORDINANCE NO. 5-91
PAGE 7 OF 24
regulations of the City. In the absence of code provisions or in amplification thereof, the materials
and procedures set forth in appropriate specifications of the American Society of Testing Materials
(ASTM) and Water Pollution Control Federation (WPCF) Manual of Practice No. 9 shall apply.
G. Whenever possible, the building sewer shall be brought to the building at an elevation
below the basement or bottom floor slab. In all buildings in which any building drain is too low to
permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted
by an approved means and discharged to the building sewer.
H. No person shall make connection of roof downspouts, exterior foundation drains,
areaway drains, or other sources of surface runoff or ground water to a building sewer or building
drain which, in turn, is connected directly or indirectly to a public sanitary sewer.
I. The connection of the building sewer to the public sewer shall conform to the
requirements of the building and plumbing codes or other applicable rules and regulations of the City
or the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of
Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the
prescribed procedures and materials must be approved by the City before installation.
J. The applicant for the building sewer permit shall notify the City when the building
sewer is ready for inspection and connection to the public sewer. The connection shall be made
under the supervision of either the Public Works Director or Chief Building Official or their
representative.
K. All excavations for building sewer installation shall be adequately guarded with
barricades and lights so as to protect the public from hazard. Streets, sidewalks,parkways, and other
public property disturbed in the course of the work shall be restored in a manner satisfactory to the
City.*
Sec. 670.13 General Prohibitions and Limitations on Wastewater Discharges.
A. No person shall discharge or cause to be discharged any stormwater, surface water,
ground water, reclaimed ground water, roof runoff, swimming pool water, subsurface drainage,
uncontaminated cooling water,or unpolluted industrial process waters to any sanitary sewer.
B. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are
specifically designated as storm sewers, or to a natural outlet approved by the City. Industrial
cooling water and unpolluted process waters may be discharged on approval of the City to a storm
sewer or natural outlet. Under no conditions will the discharge of domestic, sanitary, industrial, or
commercial waste be permitted into the storm sewer system.
ORDINANCE NO. 5-91
PAGE 8 OF 24
C. No person shall discharge or cause to be discharged the following described
substances, materials, waters, or wastes; or any other substance, which in the opinion of the City
might harm the entire sewers, wastewater treatment process or equipment, adversely affect the
receiving stream, pass through untreated, or otherwise endanger life, limb, public property, or
constitute a nuisance.
The substances prohibited from discharge to the sewer system are:
1. Liquids, solids or gases which by reason of their nature or quantity are, or may be,
sufficient either alone or by interaction with other substances to cause fire or explosion
or be injurious in any other way to the sewerage facilities or to the operation of the
use our format
system. At no time shall two successive readings on an explosion hazard meter, at the
point of discharge into the sewer system, be more than five percent (5%) nor any single
reading over ten percent (10%) of the Lower Explosive Limit (L.E.L.) of the meter.
Prohibited materials include, but are not limited to: gasoline, kerosene, naphtha,
benzene, toluene, zylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates,
perchalorates, bromates, carbides, hydrides and sulfides.
2. Any waters or wastes having a pH lower than 6.0 or having any other corrosive
property capable of causing damage or hazard to structures, equipment, and personnel
of the sewage works. The maximum pH shall be no higher than 8.5.
3. Solid or viscous substances in quantities or of such size capable of causing obstruction
to the flow in sewers or other interference with the proper operation of the sewage
works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, shells, feathers, tar, plastics, grass clippings, wood, unground garbage,
whole blood, bones, paunch manure, hair and fleshings, entrails, asphalt residues,
residues from refining or processing of fuel, and paper dishes, cups, milk containers,
etc., either whole or ground by garbage grinders.
4. Any liquid or vapor having a temperature higher than one hundred four (104) degrees
Fahrenheit(forty(40) degrees centigrade).
5. Any water or waste containing floatable fats, wax, grease, or oils, whether emulsified
or not,in excess of one hundred (100) mg/L or containing substances which solidify or
become viscous at temperature between thirty-two (32) and one hundred four (104)
degrees Fahrenheit (zero (0) and forty (40)degrees centigrade).
6. Any garbage that has not been properly shredded.The installation and operation of any
garbage grinder equipped with a motor of three-fourths horsepower(0.76 hp metric)or
greater shall be subject to the review and approval of the City. Garbage grinders which
release particles greater than one-half inch shall be prohibited.
7. Radioactive wastes or isotopes of such half-life or concentration that they do not
comply with regulations or orders issued by the appropriate authority having control
over their use and which will or may cause damage or hazards to the sewerage facilities
or personnel operating the system.
8. Materials which exert or cause:
use our format a. Unusual concentrations of inert suspended solid (such as, but not limited to,Fullers
earth, lime slurries, and lime residues) or of dissolved solids (such as, but not
limited to, sodium chloride and sodium sulfate).
ORDINANCE NO. 5-91
PAGE 9 OF 24
b. Excessive discoloration (such as, but not limited to dye wastes and vegetable
tanning solutions).
c. Chlorine demand requirement in such quantity as to constitute a significant load on
the wastewater treatment works. An unusual chlorine demand is considered one
which requires an increase of more than 25% in chlorine over that used prior to
entry of the waste into the treatment works.
d. Unusual volume of flow or concentration of wastes constituting "slugs" as defined
herein.
*9. Waters or wastes containing substances which are not amenable to treatment by
reduction by the wastewater treatment processes employed, or are amenable to
treatment only to such degree that the wastewater treatment plant effluent cannot meet
the requirements of other agencies having jurisdiction over discharge to the receiving
waters.
10. Any wastewater containing toxic pollutants in sufficient quantity either singly or by
interaction with other pollutants to injure or interfere with any wastewater treatment
process, constitute a hazard to humans or animals, create a toxic effect in the receiving
waters of the POTW or to exceed the limitation set forth in a Categorical Pretreatment
Standard. A toxic pollutant shall include but not be limited to any pollutant identified
pursuant to Section 307(a) of the Act. (This section currently identifies 129 priority
pollutants in 64 categories.)
11. Any water or waste containing hazardous or toxic pollutants in quantities in excess of
the following limits and measured at the point of discharge into the sewer system:
Arsenic .05 mg/1
Barium 3.5 mg/1
Boron 10.0 mg/1
Cadmium .11 mg/1
Chromium,Total 2.0 mg/I
Chromium,Hexavalent 0.2 mg/I
Copper,Total 1.5 mg/1
Cyanides .05 mg/1
Fluorides 10.0 mg/I
Iron 1.0 mg/I
Lead .05 mg/1
Manganese 1.0 mg/1
Mercury,Total .03 mg/1
Nickel 1.0 mg/1
Phenols 0.2 mg/I
Selenium .01 mg/1
Silver .05 mg/1
Surfactants 2.0 mg/1
Zinc,Total 1.0 ' mg/1
ORDINANCE NO. 5-91
PAGE 10 OF 24
or(a) any substance that will pass through the waste treatment facilities and exceed the
state and federal requirements for receiving waters (b) or preclude the beneficial reuse
of wastewater effluent or(c) preclude the beneficial use of wastewater sludge either in
landspreading or in marketing the sludge in a treated form.*
Sec. 670.15 Control of Prohibited Wastes.
A. If any waters or wastes are discharged, or are proposed to be discharged to the public
sewers, which waters contain the substances or possess the characteristics enumerated in Sec.
670.13 of this Ordinance, and which, in the judgement of the City, may have a deleterious effect
upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a
hazard to life or constitute a public nuisance, the City may:
1. Reject the wastes.
2. Require pretreatment to an acceptable condition for discharge to the public
sewers.
format 3. Require the person making, causing or allowing the discharge to pay additional
cost or expense incurred by the City for handling and treating excess loads
imposed on the treatment system.
4. Require control over the quantities and rates of discharge.
B. If the City permits the pretreatment or equalization of waste flows, the design and
installation of the facilities and equipment shall be subject to the review and approval of the City and
subject to the requirements of all applicable codes, ordinances, and laws. In addition, any
contributing industry as defined by 40 CPR 403 shall comply with 40 CFR 403, the Clean Water
Act, and any other regulation as shall from time to time be established by EPA or other appropriate
regulating governmental agencies.
C. Grease, oil, and sand interceptors shall be provided on existing and proposed facilities
when, in the opinion of the City, they are necessary for the proper handling of liquid wastes
containing grease in excessive amount or containing any flammable wastes, sand, or other harmful
ingredients; except, such interceptors shall not be required for private living quarters or dwelling
units. All interceptors shall conform to Chapter 8 of the Standard Plumbing Code and shall be
approved by the City. All interceptors shall be located as to be readily and easily accessible for
cleaning and inspection.
D. Where preliminary treatment, flow-equalizing facilities, or grease, oil, and sand
interceptors are provided for any waters or wastes, they shall be maintained continuously in
satisfactory and effective operation by the owner at his expense.
E. Each user shall provide protection from accidental discharge of prohibited materials or
other wastes regulated by this Ordinance. Facilities to prevent accidental discharge of prohibited
materials shall be provided and maintained at the owner's or operator's cost and expense. Detailed
plans showing facilities and operating procedures to provide this protection shall be submitted to the
ORDINANCE NO. 5-91
PAGE 11 OF 24
City for review, and shall be approved by the City before construction of the facility. All existing
Significant Industrial Users shall complete such a plan by January 1, 1992. No such user who
commences contribution to the POTW after the effective date of these regulations shall be permitted
to introduce pollutants into the system until accidental discharge procedures have been approved by
the City. Review and approval of such plans and operating procedures shall not relieve the industrial
user from the responsibility to modify the user's facility as necessary to meet the requirements of
these regulations.
F. In case of an accidental discharge, the facility responsible for such discharge shall
immediately notify the City so that corrective action may be taken to protect the treatment system. In
addition, a written report detailing the date, time and cause of the accidental discharge, the quantity
and characteristics of the discharge and corrective action taken to prevent future discharges, shall be
filed with the City by the responsible industrial/commercial facility within five (5) days of the
occurrence of the noncomplying discharge. Such notification shall not relieve the user of any
expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW,
fish kills, or other damage to person or property; nor shall such notification relieve the user of any
fines, civil penalties,or other liability which may be imposed by these regulations or other applicable
law.
G. Upon the promulgation of the National Categorical Pretreatment Standards for a
particular industrial subcategory, the National Standard, if more stringent than limitations imposed
under this Ordinance for sources in that subcategory, shall immediately supersede the limitations
imposed under this Ordinance. The City shall notify all affected users of the applicable reporting
requirements under 40 CFR, Section 403.12.*
Sec. 670.17 Fees.
It is the purpose of this Section to provide for the recovery of cost from users of the
City's wastewater disposal system for the implementation of the program established herein.
The following charges and fees shall be payable to the City:
not sure how we'll do this Fee for initial permit application: $75.00
Fee for annual permit renewal: $20.00 [670.19(j)]
Fee for reviewing Accidental Discharge and construction plans and specifications:
$150.00
Fees for monitoring, inspections, and surveillance procedures: Actual cost based
upon labor rates of all individuals involved, including any material and testing
costs.
*[ ]
Sec. 670.19 Permission to Use Sewer System/Wastewater Discharge Permits.
A. The economy and desirability of the combined treatment of industrial and commercial
wastes and sanitary sewage is recognized. However, not all types and quantities of industrial and
ORDINANCE NO. 5-91
PAGE 12 OF 24
commercial wastes can be so treated. It shall be the policy to admit the types and quantities of
industrial and commercial wastes that are not harmful or damaging to the structures, processes, or
operation of the treatment works or are not specifically prohibited. This applies to both existing and
proposed users of the sewer system. It is also recognized that to provide this service, additional
facilities and/or treatment are required, and the cost of such must be borne by the user receiving the
benefits.
B . Approval is required for the admission of commercial or industrial wastes into the
public sewers having:
* 1. A five-day twenty-degrees BOD greater than two hundred fifty(250) mg/1 or,
2. A suspended solids content greater than two hundred fifty (250) mg/1 or,
3. A chemical oxygen demand greater than four hundred(400) mg/1 or,
4. A Total Kjeldahl Nitrogen (TKN) content greater than thirty (30)mg/1 or,
5. A Total Phosphorous content greater than ten (10) mg/I.
C. In order to identify the point sources, all users of the treatment works who are now
discharging industrial or commercial wastes to the public sewers shall, upon request of the City, fill
in and file with the requesting official within forty-five (45) days, a questionnaire which shall furnish
pertinent data, inclusive of quantity of flow and an analysis of the water discharged to the treatment
facility. Further, any person desiring to make a new connection to the wastewater system for the
purpose of discharging industrial or commercial wastes to the public sewers shall fill in and file with
the City, at the time of occupancy of the facility, an industrial and commercial waste questionnaire as
outlined for existing users.
D. The questionnaire/application to use the sewer system shall contain the following
information:
1. Name, address and 24-hour telephone number of the applicant.
2. Volume of wastewater to be discharged, including average and peak rates with
any seasonal variations.
3. No Wastewater constituents and characteristics including, but not limited to,those set
forth in Sec. 670.13, Sec. 670.15, and Sec. 670.19 of this Ordinance.
use our format
4. Time and duration of discharge.
5. Site plans, floor plans, mechanical and plumbing plans and details to show all
sewers and appurtenances by size,location and elevation.
6. Description of activities, facilities and plant processes on the premises including
all materials and types of materials which are,or could be,discharged.
7. Each product produced by type, amount and rate of production.
8. Number and type of employees, and hours of work.
9. Any other information as may be deemed by the City to be necessary to evaluate
the permit application.
E. Failure to submit a completed questionnaire/application to the City within the specified
forty-five (45) days will result in an on-site inspection of the facility by the City, State or Federal
agencies.
ORDINANCE NO. 5-91
PAGE 13 OF 24
F. Samples of the wastewater shall be a 24-hour composite sample collected so as to be a
representative sample of the actual quality of wastes. As a minimum, samples shall be tested for
those parameters listed in Sec. 670.19(b), grease, oil, pH, and any suspected constituents related to
the type of activity being performed. Samples for analysis shall be collected by the City at the
City's expense. Samples for analysis will be performed by either a laboratory certified by the Florida
Department of Environmental Regulation or Florida Department of Health and Rehabilitative Services
for environmental analyses, using the laboratory methods for the examination of wastewater as set
forth in the latest edition of "Standard Methods for Examination of Water and Wastewater" as
published by the American Public Health Service, or "Methods for Chemical Analysis of Water and
Wastes" as published by the U.S.E.P.A.
G. The City will evaluate the data furnished by the user and may require additional
information. After evaluation and acceptance of the data furnished, the City may issue either written
permission to discharge wastewaters to the collection system or issue a Notice of Non-Compliance.
The Notice of Non-Compliance will include information that states which wastewater constituents
(or other information included within the questionnaire) are in violation of this Ordinance and will
establish a time schedule for the user to remedy the potential harm to the POTW.Either form shall be
subject to terms and conditions provided herein. Any additional analyses of samples required as part
of the Notice of Non-Compliance will be borne by the user.
H. Upon review of the questionnaire, those industrial/commercial establishments which
discharge only domestic wastewater as defined in this Ordinance, shall be exempt from issuance of a
Wastewater Discharge Permit.
I. Wastewater Discharge Permits shall be expressly subject to all provisions of this
Ordinance and all other regulations, user charges and fees established by the City. The conditions of
Wastewater Discharge Permits shall be uniformly enforced in accordance with this Ordinance, and
applicable state and federal regulations.The permit will include a determination on whether or not the
applicant is a "Significant Industrial User" as defined by this Ordinance. Conditions may also include
the following:
1. The unit charge or schedule of user charges and fees for the wastewater to be
discharged to the system.
2. The average and maximum wastewater constituents and characteristics. Although
our format these limits will normally be concentrations, mass limits may be applied where
appropriate.
3. Limits on rate and time of discharge or requirements for flow regulation and
equalization. In other words, the construction of holding tanks for the storage of
wastewater.
4. Requirements for installation and maintenance of inspection and sampling
facilities.
ORDINANCE NO. 5-91
PAGE 14 OF 24
5. Specifications for monitoring programs which may include sampling locations,
frequency of sampling, number, types and standards for test and reporting
schedule.
6. Requirements for maintaining and submitting technical reports and plant records
relating to wastewater discharges.
7. Daily average and daily maximum discharge rates,or other appropriate conditions
when pollutants subject to limitations and prohibitions are proposed or present in
the user's wastewater discharge.
8/ Requirements for notification of slug discharges.
9. Compliance schedules.
10. Other conditions to ensure compliance with this Ordinance.
J. The initial permit shall be effective for a period of one (1) year from the date of
issuance. If the user is not notified by the City thirty (30) days prior to the expiration of the permit,
the permit shall automatically be extended for six (6) months. The terms and conditions of the permit
may be subject to modification and change by the City during the life of the permit, as limitations or
requirements as identified in Sec. 670.13 and 670.19 are modified and changed. The user shall be
informed of any proposed changes in his permit at least thirty (30) days prior to the effective date of
change. Any changes or new conditions in the permit shall include a reasonable time schedule for
compliance, based upon the complexity of the new permit conditions.
The agreement/permit shall be reviewed at the end of one (1) year pending both parties
approval provided that the user has been in substantial compliance with the specified terms of the
agreement during the last year. Each renewal period shall be for one (1) year. Fees may be
established annually by resolution of the City Council.
K. Wastewater Discharge Permits are issued to a specific user for a specific operation. A
Wastewater Discharge Permit shall not be reassigned or transferred or sold to a new owner, new
user, modified use of premises, or a new or changed operation without approval of the City. Any
succeeding owner or user shall also comply with the terms and conditions of any existing permit so
transferred.
L. Any user who violates the following conditions of his permit or of this Ordinance,or of
applicable state and federal regulations, is subject to revocation of permission to use the sewer
system. Violations subjecting a user to possible revocation of his permit include, but are not limited
to, the following:
1. Failure to accurately describe the nature of the proposed discharge in the
application.
our format 2. Failure of a user to accurately report the quantity and characteristics of his
wastewater discharge.
3. Failure of the user to report significant changes in operations, or wastewater
constituents and characteristics.
ORDINANCE NO. 5-91
PAGE 15 OF 24
4. Refusal of reasonable access to the user's premises for the purpose of inspection
and monitoring.
5. Violation of conditions of the permit.
M. Confidential information. In accordance with Florida's Public Records, Law, Chapter
199,Florida Statutes (1987), and amendments thereto, information and data on a user obtained from
reports, questionnaires, permit applications, permits and monitoring programs and from inspections
shall be available to the public or other government agency without restriction unless the user, prior
to submitting the information, specifically requests and is able to demonstrate to the satisfaction of
the City that the release of such information might divulge information, processes or methods of
production entitled to protection as trade secrets of the user.
When requested by the person, claiming that portions of a report might disclose trade
secrets or secret processes, those portions shall be submitted by the user, on forms and in a manner
acceptable to the City, to the Environmental Protection Agency pursuant to the confidentiality
provisions contained within 40 C.F.R. Section 403.14. The City will thereafter request said
information from the Environmental Protection Agency and therefore maintain its confidentiality.The
information will thereafter not be made available to the public and only be used for matters related to
this Ordinance which may include judicial review of enforcement proceedings by a governmental
agency involving the person furnishing the report. Wastewater constituents and characteristics will
not be recognized as confidential information.*
Sec. 670.24 Industrial/Commercial Wastewater Monitoring and Reporting.
A. Any new or existing Significant Industrial User establishment discharging industrial or
commercial wastes into the sewer system shall construct and maintain at his expense a suitable
control manhole, manholes, or pump station wetwell downstream from any treatment, storage, or
other approved works, to facilitate observation, measurement, and sampling of all wastes, including
all domestic sewage from the establishment. The control manhole, manholes, or wetwell shall be
constructed at suitable and satisfactory locations either on public or private property and built in a
manner approved by the City. If any establishment wishes to meter its waste discharge into the sewer
system to verify end product, water retention or other uses of metered flow, they may install a
metering device as approved by the City. The control manhole shall be accessible to City personnel at
all times for sampling. Construction shall be completed within three (3) months following written
notification by the City.
B. Where in the opinion of the City Manager, in concert with City's Consulting Engineer,
the potential exists for contamination of ground water surrounding any new or existing
establishment, the City may require to be installed at the owner's expense one or more
observation/monitoring wells. The well or wells shall be constructed at suitable and satisfactory
locations and installed in a manner approved by the City. The monitor well or wells shall be
accessible to City personnel at all times for sampling.
ORDINANCE NO. 5-91
PAGE 16 OF 24
C. All authorized City employees shall be permitted, upon suitable notice to the user, to
enter upon all properties for the purposes of inspection, observation, measurement, sampling, and
testing and shall have the authority to inspect records in accordance with provisions of this
Ordinance.
D. Every Non-compliant and Significant Industrial User shall file a discharge monitoring
report every three months with the City. The report shall include a brief description or listing of in-
process modifications or pretreatment processes which were employed during the reporting period to
reduce pollutant concentrations and/or discharge rates. Where the industry is involved in material
processing or manufacturing, the report shall also include production quantities (raw material and/or
product) and hours of operation, both to be recorded for each day of the report period. Information
concerning discharge quantity and rate and the concentration of controlled pollutants shall be
included for all Significant Industrial Users. Quarterly reporting periods will end on the last day of
the months of March, June, September and December and must be submitted to the City within
fifteen (15) days following those dates.
E. All Significant Industrial Users shall maintain such records of production quantities,
discharge volumes, discharge rates, and pollutant amounts or concentrations as are necessary to
demonstrate that their operation and discharge of waste do not adversely affect operation of the
City's wastewater treatment system. Where specific pretreatment requirements and/or discharge
limitations have been adopted, whether by the federal government, the state,or the City, Significant
Industrial Users to which the adopted requirements and/or limitations apply, shall maintain sufficient
additional records as are necessary to demonstrate compliance.
1. All such records shall be summarized and included in the quarterly discharge
reports to be filed with the City.
2. Such records shall be made available upon request to the designated representative
or to officials of the U.S. Environmental Protection Agency.
our format 3. Monitoring equipment required to maintain records of discharge flow and/or
pollutant concentrations shall be installed and maintained at the expense of the
owner or operator of any applicable premises or facility discharging industrial
wastewater into the system. Points for the measurement and sampling of
wastewaters shall be located where readily accessible to City personnel.
F. Compliance determinations with respect to Sec. 670.13 and Sec. 670.19 shall be made
on the basis of the inspection, monitoring, sampling and analysis procedures described as follows:
1. The monitoring of discharge flow rates and volumes from Significant Industrial
Users shall be performed on a daily basis, that is, continuously for each day of
our format process operation. Flow monitoring may be performed utilizing automatic flow
measuring and recording equipment of a type approved by the City. Alternately,
an estimate of daily wastewater volume and flow rates may be made on the basis
of water consumption records, where it will be assumed that the amount of water
used is equivalent to the amount of wastewater discharged to the system. Where it
is determined by the City that a user's discharge may contribute to potential
hydraulic overloading of the treatment facility, sufficiently accurate records shall
be maintained to determine peak discharge rates on an hourly basis.
ORDINANCE NO. 5-91
PAGE 17 OF 24
3. The City shall obtain and have analyzed, at the user's expense, samples of the
wastewater discharged from all Significant Industrial Users.
G. Samples shall be obtained at a minimum frequency of once a month during each
quarterly reporting period, on and during a work day which typically represents the user's activity.
The sample shall be a 24-hour composite sample which will be representative of the discharge
occurring throughout the duration of the work day. Samples shall be analyzed by a reliable and
recognized testing laboratory using procedures stipulated in "Standard Methods" or other methods
acceptable to the U.S. Environmental Protection Agency.
H. For all Significant Industrial Users, samples shall, at a minimum, be analyzed for the
following pollutants:
Total Suspended Solids
Biochemical Oxygen Demand
Chemical Oxygen Demand
no #s simple space pH
Grease and Oil
Total Kjeldahl Nitrogen
Total Phosphorous
I. Where specific user class pretreatment requirements and/or discharge limitations have
been adopted by the federal government, the state or the City, additional analyses shall be performed
for any additional pollutants which are to be limited or prohibited. Other types of analyses may also
be specified by the City if considered necessary to demonstrate compliance with the provisions of
Sec. 670.13 of this Ordinance.
J. The results of sample analyses shall be submitted to the City with the quarterly
discharge report, together with any pertinent information concerning the discharge flow rate and
production quantities and any other internal factors that may have directly affected pollutant
concentrations during the particular days that samples were taken. If required for compliance
determination, the City may direct that additional samples be obtained at the user's expense.
Alternately, the City may elect to obtain and have analyzed supplemental samples at their own
expense.*
Sec. 670.23 Special Rates.
A. Discharge into the sanitary sewers of certain waters or wastes is prohibited or limited
under the provisions of Sec. 670.13 and 670.19 of this Ordinance. A surcharge shall be imposed
upon customers discharging abnormal strength wastes. The term "abnormal strength wastes" as used
herein shall refer to the degree of concentration of permissible waste material per unit volume of
sewage discharge by the customer.
1. Abnormally high-strength waste shall be waste containing any of the following: a
BOD above two hundred fifty (250) mg/1, suspended solids above two hundred
our format fifty (250) mg/l, a COD above four hundred (400) mg/1, Total Kjeldahl Nitrogen
above thirty (30) mg/1,Total Phosphorous (As P) greater than ten (10) mg/l.
ORDINANCE NO. 5-91
PAGE 18 OF 24
B. Surcharge for high-strength wastes.
1. A surcharge will be imposed where the wastes from any lot or parcel of land upon
which there is located any institutional,commercial,or industrial plant building or
premises containing an abnormally high BOD, suspended solids concentration,
COD,Total Kjeldahl Nitrogen, or Total Phosphorous concentration as defined in
Sec. 670.23(a).
our format 2. Computation: Said surcharge shall be computed by the City, using the following
"tiered rate schedule":
$100 for each parameter violation on the first day, progressing
numerically upward each day by $100 increments, to a maximum of
$1,000 per day for each parameter violation.
3. On the eleventh day, the wastewater services shall be terminated.
4. Any user of the sewage system identified as having high strength waste shall be
in non-compliance with this ordinance and be subject to the surcharges contained
within this Section. A determination for harm to the POTW shall be made by the
City's consulting engineer to determine whether to issue a compliance schedule or
to terminate the wastewater services.
5. Nothing in Sec. 670.23 of this Ordinance shall restrict the City of Cape
Canaveral,Florida, from making additional adjustments in rates if it is felt by the
Public Works Director, or his authorized agent, that the nature of the quantity of
this waste creates an additional burden on the system.*
Sec. 670.25 Power and Authority of Inspectors.
A. As a condition of connection, the user shall permit the designated officers of the City
bearing proper credentials and identification to enter all properties for the purposes of inspection,
observation, measurement, sampling, and testing in accordance with the provisions of this
Ordinance. The City official or his representative shall have no authority to inquire into any
processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond
that point having a direct bearing on the kind and source of discharge to the sewers or water-ways or
facilities for waste treatment.
B. While performing the necessary work on private properties referred to in Sec.
670.27(a) above, duly authorized employees of the City shall observe all safety rules applicable to
the premises established by the company and the company shall be held harmless for injury or death
to the City employees and the City shall indemnify the company against loss of damage to its
property by City employees and against liability claims and demand for personal injury or property
damage asserted against the company and growing out of the gauging and sampling operation,
except as such may be caused by negligence or failure of the company to maintain safe conditions.
C. The duly authorized employees of the City bearing proper credentials and identification
shall be permitted to enter all private properties through which the City holds a duly negotiated
easement for the purposes of, but not limited to, inspection, observation, measurement, sampling,
ORDINANCE NO. 5-91
PAGE 19 OF 24
repair and maintenance of any portion of the sewage works lying within said easement. All entry and
subsequent work, if any,on said easement shall be done in full accordance with the terms of the duly
negotiated easement pertaining to the private property involved.*
Sec. 670.27 Right of Refusal.
The City reserves the right to terminate any agreement and to refuse waste from any lot or
parcel of land upon which there is located any building or activity which does not comply with this
Ordinance, supply proper metering of its waste, or is not within its designated service area.
The City reserves the right to immediately halt any discharge that is an imminent danger to the
system or users of the system and seek injunctive relief.*
Sec. 670.29 Right to Terminate Service in Emergency Situations.
A. The City Manager may suspend the right of a user to use the system,for a period not to
exceed thirty (30) days, whenever in the opinion of the City Manager, such suspension is necessary
in order to stop a user's actual or threatened discharge which reasonably appears to present or cause
an imminent or substantial threat to the health, safety,or welfare of the citizens of the City, users of
the system, operation of the system, or endangers the environment. Notice of suspension of such
service may be made by all or any of the following methods: a meeting between the City Manager,or
his designee, and the user; a telephone call from the City Manager, or his designee, to the user; or by
a notice served personally or by certified mail,return receipt requested, to the user.
B. Any user notified of suspension of service as provided in Section 670.29(a), shall
immediately stop or eliminate its contribution to, and use of, the system. Should the user fail or
refuse to immediately comply with the suspension order, the City Manager may take such steps as he
deems necessary to halt such contribution, including, but not limited to, severing the user's
connection. The user will be allowed to recommence its use of the system when it has demonstrated
to the reasonable satisfaction of the City Manager that its contribution no longer constitutes an
imminent or substantial threat to the health, safety or welfare of the citizens of the City, users of the
system, operation of the system, or endangers the environment. As a condition of being permitted to
recommence use of the system, the user shall submit to the City Manager a detailed statement
describing the harmful contribution and the measures taken to prevent future occurrence.*
Sec. 670.31 Administrative Enforcement Procedures.
A. Except for emergency situations as described in Section 670.29, whenever the City
Manager determines that a user has violated or is violating this Chapter,the City Manager shall serve
a written Notice of Violation upon the user. Notice shall be either served personally on the user or by
certified mail, return receipt requested, and shall be deemed served when either personally delivered
to the user or deposited in the United States mail. Within ten (10) days of receipt of the Notice of
ORDINANCE NO. 5-91
PAGE 20 OF 24
Violation, the user shall submit a detailed statement describing the harmful contribution and the
measures taken to prevent future occurrences. This plan does not relieve the user of liability for any
violation occurring before or after receipt of the Notice of Violation.
B. If the City Manager is satisfied that the user has brought its use of the system into
compliance with this Chapter, then he may enter into a Consent Order with the user detailing the
specific action to be taken to correct the noncompliance, and setting forth any charges for damages to
the system to be reimbursed the City. All administrative fines assessed against the City on account of
the user's noncompliance shall be part of the Consent Order, and be reimbursed the City by the user.
The Consent Order shall have the same effect as administrative orders and may be judicially enforced
as provided in Section 670.35.
C. If the violation continues beyond the time period set forth in the Notice of Violation,
and no Consent Order is entered into, then the City Manager shall serve notice upon the user
requiring the user to show cause before the City Council why service should not be terminated.
Notice of the hearing shall be served on the user specifying the time and place for the meeting,
proposed enforcement action, reasons for their actions, and a request that the user show cause why
this proposed enforcement action should not be taken. Notice of the hearing shall be served
personally upon the user or by certified mail, return receipt requested, and shall be deemed served
when either personally delivered to the user or deposited in the United States mail. The Notice of the
hearing shall be at least ten (10) days prior to the hearing.
D. At the show cause hearings as provided for in Section 670.31(c), all testimony shall be
under oath and be recorded. Testimony shall be taken from the City Manager or his designee and the
user. Formal rules of evidence shall not apply, but fundamental due process shall be observed and
shall govern the proceedings. The City Council may take immediate enforcement action as provided
herein whether or not the user appears at the show cause hearing.
E. At the conclusion of the hearing, the City Council shall issue findings of fact, based on
the evidence of record and conclusions of law, and shall issue an order affording the proper relief
consistent with the powers granted herein. The findings shall be by motion approved by a majority
of those members present and voting, except at least three members of the City Council must vote
affirmatively in order for the motion to pass. The order may include a notice that it must be complied
with by a specified date, and that a fine may be imposed if the order is not complied with by said
date. A certified copy of the order may be recorded in the public records of Brevard County, and
shall constitute notice to any subsequent purchasers, successors in interest, or assigns of the user.
F. The user may appeal an order of the City Council to the Circuit Court of Brevard
County, Florida. Such appeal will not be a hearing de novo, but shall be limited to appellate review
of the record created before the City Council. An appeal shall be filed within thirty (30)days of the
City Council's order.*
ORDINANCE NO. 5-91
PAGE 21 OF 24
Sec. 670.33 Administrative Penalties.
A. Upon notification by the City Manager or his designee that the order of the City Council
has not been complied with by the time set, or, upon finding that a repeat violation has been
committed, the City Council may order the violator to pay a fine in an amount specified herein for
each day the violation continues past the date set by the City Council for compliance or, in the case of
a repeat violation, for each day the repeat violation continues past the date of notice to the violator of
the repeat violation. If a finding of violation or a repeat violation has been made as provided herein, a
hearing shall not be necessary for issuance of the order imposing the fine.
B. A fine imposed pursuant to this section shall not exceed $250.00 per day for a first
violation and shall not exceed $500.00 per day for a repeat violation. In determining the amount of
the fine, if any,the City Council shall consider the following factors:
1. The gravity of the violation;
2. Any action taken by the violator to correct the action; or
3. Any previous violations committed by the violator.
In addition to the amounts of the fine set forth herein, the fine may also include the amount, if any,
which local, state, or federal officials fine the City due to the violation committed by the violator,
plus the cost of repairing the damage, if any,caused by the violator to the system. The violator may
be fined these additional amounts whether or not he comes into compliance with the City Council's
order within the time set therein.
C. The City Council may reduce a fine imposed pursuant to this section.
D. A certified copy of the City Council's order imposing a fine may be recorded in the
public records of Brevard County, Florida, as provided for code enforcement board orders in
Section 162.09(3),Florida Statutes,and shall have the same legal effect as a code enforcement board
order.
E. No lien as provided hereunder shall continue for a period longer than twenty (20)years
after the certified copy of an order imposing a fine has been recorded, unless within that time an
action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to
foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable
attorney's fee, that it incurs in the foreclosure. The continuation of the lien effected by the
commencement of the action shall not be good against creditor or subsequent purchasers for valuable
consideration without notice, unless a notice of lis pendence is recorded.*
Sec. 670.35. Judicial Remedies
A. In addition to the administrative and the other remedies as provided herein, whenever a
user has violated or continues to violate the provision of this Chapter, the City Manager or City
Council may direct the City's Attorney to petition the Brevard County Circuit Court for the issuance
ORDINANCE NO. 5-91
PAGE 22 OF 24
of a temporary or permanent injunction restraining or compelling the performance of a particular act,
including, but not limited to, Compliance Orders. The Circuit Court shall grant an injunction without
requiring a showing of a lack of adequate remedy at law. In the event of any litigation hereunder,the
City shall be entitled to an award of reasonable attorney's fees and court costs.
B. In addition to the administrative penalties as provided herein, each violation of this
Chapter shall be a misdemeanor of the second degree punishable by a fine up to$500.00 and a term
of imprisonment not to exceed sixty (60)days. Each day any violation of this Chapter continues shall
constitute a separate offense.*
Sec. 670.37 Publication of Significant Violation.
A.* The City shall annually publish,in a newspaper of general circulation in the City, a list of the
industrial users which, during the previous 12 months, were in significant noncompliance with
applicable pretreatment standards and requirements. The term significant noncompliance shall mean:
our format 1. Sixty-six percent (66%) or more of wastewater measurements taken during
six (6) month period exceed the discharge limits for the same pollutant
(" parameter by any amount;
.f 2. Thirty-three percent(33%) or more of wastewater measurements taken during
a six (6) month period equals or exceeds the product of the daily maximum
limits or the average limits multiplied by the applicable criteria established by
federal guidelines;
3. Any other discharge violation that the City believes has caused, alone or in
combination with other discharges, interference or pass through (including
endangering the health of City personnel or the general public);
4. Any discharge of pollutants that has caused imminent endangerment to the
public or to the environment, or has resulted in the City's exercise of its
emergency authority to halt or prevent such a discharge;
5. Failure to meet, within ninety (90) days of the scheduled date, a compliance
schedule milestone contained in a permit or enforcement order for starting
construction,completing construction,or attaining final compliance;
6. Failure to provide, within thirty (30) days after the due date, any required
reports, including baseline monitoring reports, ninety (90) day compliance
reports, periodic self monitoring reports, and reports on compliance with
compliance schedules;
7. Failure to report noncompliance; or .
8. Any other violation(s) which the City has reason to believe is significant.
*[ ]
ORDINANCE NO. 5-91
PAGE 23 OF 24
[signature]
Mayor
ATTEST:
[signature]
City Clerk
Approved as to Form:
[signature]
City Attorney
First Reading: April 16, 1991
Posted: April 18, 1991
Advertised: April 23, 1991
Second Reading: May 7, 1991
NAME YES NO
KEDZIERSKI YES
PORTER YES
RANDELS YES
SALAMONE YES
THURM YES
ORDINANCE NO. 5-91
PAGE 24 OF 24