HomeMy WebLinkAboutOrdinance No. 05-1991ORDINANCE 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 our
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.
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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 Ordinance 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
(1) Act: The Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 U.S.C. 1251, et. seq.
(2) 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.
(3)
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).
(4) 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.
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(5)
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.
(6) 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 onto 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.
(7) 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.
(8) 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.
(9) 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.
(10) Designee: Person authorized in writing by the City Manager to carry out the provisions of
this Ordinance.
(11) Domestic Wastewater: Wastewater derived principally from dwellings, commercial
buildings, institutions, and industry resulting from household or toilet wastes resulting from
human occupancy.
(12) Establishment: A public or private institution in which certain functions are performed.
(13) Garbage: Solid waste from domestic and commercial preparation, cooking, and dispensing
of food, and from handling, storage, and sale of produce.
(14) 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.
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(15) Industrial or Commercial Waste: The liquid wastes from industrial, commercial, or
institutional processes as distinct from domestic or sanitary sewage.
(16) 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.
(17) mg/1 (milligrams per liter): The strength or concentration of a constituent in a solution;
also expressed as parts per million.
(18) Natural Outlet: Any outlet into a watercourse, pond, ditch, lake, or other body of surface
or groundwater.
(19) National Pollution Discharge Elimination System or NPDES Permit: A permit
issued pursuant to Section 402 of the Act (33 U.S.C. 1342).
(20) 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.
(21) 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.
(22) Person: Any individual, establishment, firm, company, association, society, corporation, or
group.
(23) pH: The logarithm of the reciprocal of the hydrogen ion activity, expressed in units.
(24) Pretreatment Requirements: Any substantive or procedural requirement related to the
pretreatment, other than a national pretreatment standard imposed on a significant industrial
user.
(25) Pretreatment c r 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).
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(26) 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.
(27) 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.
(28) 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.
(29) Public Sewers: A sanitary sewer to which all owners of abutting properties have equal
rights and which is controlled by public authority.
(30) Sanitary Sewage: The household and toilet wastes resulting from human occupancy.
(31) Sanitary Sewer: Pipe or conduit-which carries sewage and to which storm, surface, and
ground waters are not intentionally admitted.
(32) 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.
(33) Sewage Works: All facilities for collection, pumping, treatment, and disposing of
wastewater.
(34) Shall is mandatory; "may" is permissive.
(35) Significant Industrial User: Shall include the following:
(a) All categorical industrial users.
(b) Any non - categorical industrial/commercia1 user that
(1) - Discharges 25,000 gallons or more per average work day
(2) - 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
(3) - Has toxic pollutants in the wastewater as defined pursuant to Section 307 of
the Act or State Statutes and rules
(4) - 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
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(36) Significant Noncompliance: Any violation of pretreatment requirements (limits,
sampling, analysis, reporting and meeting compliance schedules) as defined in 40 CFR
123.45.
(37) 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.
(38) 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.
(39) Storm Sewer: A sewer which carries storm and surface waters as drainage but excludes
sewage and polluted industrial waste.
(40) Surcharge: A charge levied on the users of the treatment works whose wastewater
discharge exceeds the parameters established for wastewater strength.
(41) Suspended Solids: Solids that either float on the surface of or are in suspension in water,
wastewater, orother liquids and which are largely removable by laboratory filtration.
(42) Treatment Works: The - wastewater treatment plant, interceptors, force mains, lift stations,
and collection systems.
(43) 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.
(44) User: Any person who discharges, causes or permits the discharge of wastewater into the
City's wastewater treatment system.
(45) 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.
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(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 buildingsewer.
(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
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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.
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(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
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 orprocessing 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:
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
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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/1
Chromium, Hexavalent 0.2 mg/1
Copper, Total 1.5 mg/1
Cyanides .05 mg/1
Fluorides 10.0 mg/1
Iron 1.0 mg/1
Lead .05 mg/1
Manganese 1.0 mg/1
Mercury, Total .03 me
Nickel 1.0 mg/1
Phenols 0.2 mg/1
Selenium .01 mg/1
Silver .05 mg/1
Surfactants 2.0 mg/1
Zinc, Total 1.0 mg/1
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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.
(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 shad 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 CFR 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
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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.
(a) 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.
(b) The following charges and fees shall be payable to the City:
(1) Fee for initial permit application: $75.00
(2) Fee for annual permit renewal: $20.00 [670.19(j)]
(3) Fee for reviewing Accidental Discharge and construction plans and specifications:
$150.00
(4) 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
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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/l.
(c) In order to identify the point sources, j, 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) 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.
(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 bone 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
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
egnali7ation. 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.
(1) 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.
(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 bemade 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. 670.21. 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
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(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.
(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.
(1) 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
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
(2) 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:
(1) Total Suspended Solids
(2) Biochemical Oxygen Demand
(3) Chemical Oxygen Demand
(4) pH
(5) Grease and Oil
(6) Total Kjeldahl Nitrogen
(7) 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
fifty (250) mg/1, 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).
(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 foreach 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 finesassessed 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 21OF24
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 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.
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:
(a) 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;
(b) 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;
(c) 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);
(d) 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;
(e) 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;
(f) 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;
(g) Failure to report noncompliance; or
(h) Any other violation(s) which the City has reason to believe is significant.
SECTON 2. Savings Clause.
If any provision, paragraph, word, section or article of this Ordinance is invalidated by any
court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and articles
shall not be affected and shall continue in full force and effect.
ORDINANCE NO. 5-91
PAGE 23 OF 24
SECTION 3. Conflict.
All ordinances and parts of ordinances inconsistent or conflicting with any part of this
Ordinance are hereby repealed to the extent of such inconsistency or conflict.
SECTION 4. Effective Date.
This Ordinance shall become effective immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this
day of May , 1991.
1
7 th
First Reading April 16, 1991
Posted: April 18, 1991
Advertise& April 23, 1991
Second Reading: May 7, 1991
ORDINANCE NO. 5-91
PAGE 24 OF 24