Section 78-98. 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 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 and 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 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 20-degree BOD greater than 250 mg/l;

(2) A suspended solids content greater than 250 mg/l;

(3) A chemical oxygen demand greater than 400 mg/l;

(4) A total Kjeldahl nitrogen (TKN) content greater than 30 mg/l; or

(5) A total phosphorus content greater than ten mg/l.

(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 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 or 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 sections 78-96, 78-97 and this section.

(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 or application to the city within the specified 45 days will result in an onsite inspection of the facility by the city, state or federal agency.

(f) The sample 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 subsection (b) of this section, 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. Analysis of samples will be performed by either a laboratory certified by the state department of environmental protection or state 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. Environmental Protection Agency.

(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 noncompliance. The notice of noncompliance will include information that states which wastewater constituents (or other information included within the questionnaire) are in violation of this division 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 in this section. Any additional analyses of samples required as part of the notice of noncompliance will be borne by the user.

(h) Upon review of the questionnaire, those industrial or commercial establishments which discharge only domestic wastewater shall be exempt from issuance of a wastewater discharge permit.

(i) Wastewater discharge permits shall be expressly subject to all sections of this division 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 division and applicable state and federal regulations. The permit will include a determination on whether or not the applicant is a significant industrial user. 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 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.

(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 division.

(j) The initial permit shall be effective for a period of one year from the date of issuance. If the user is not notified by the city 30 days prior to the expiration of the permit, the permit shall automatically be extended for six 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 sections 78-96 and 78-98 are modified and changed. The user shall be informed of any proposed changes in his permit at least 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 or permit shall be reviewed at the end of one year pending both parties' approval, provided 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 year.

(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 permit so transferred.

(l) Any user who violates the following conditions of his permit or of this division 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.

(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) In accordance with F.S. ch. 119, 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 governmental 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 and to the Environmental Protection Agency pursuant to the confidentiality provisions contained within 40 CFR 403.14. The city will thereafter request the information from the Environmental Protection Agency and therefore maintain its confidentiality. The information will not be made available to the public and will only be used for matters related to this division, 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.

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