SEACOAST UTILITY AUTHORITY
WASTEWATER PRETREATMENT PROGRAM

INDEX

To the Rules and Regulations of the Seacoast Utility Authority Sewage Pretreatment Ordinance 1-1997.

1-1997.001 General Provisions
1-1997.002 Definitions
1-1997.003 General Sewer Use Requirements
1-1997.004 Pretreatment of Wastewater
1-1997.005 Wastewater Discharge Permits
1-1997.006 Reporting Requirements for Industrial Users
1-1997.007 Harmful Discharge
1-1997.008 Record Keeping
1-1997.009 Compliance Monitoring
1-1997.010 Administrative Enforcement Remedies
1-1997.011 Judicial Enforcement Remedies
1-1997.012 Public Notice
1-1997.013 Affirmative Defenses to Discharge Violations
1-1997.014 Wastewater Treatment Rates
1-1997.015 Pretreatment Charges and Fees
1-1997.001 General Provisions

(1) Purpose and Policy

This ordinance sets forth uniform requirements for users of the wastewater facilities for the Seacoast Utility Authority (SUA) and enables SUA to comply with all applicable State and federal laws, including the Clean Water Act (33 United States Code 1251 et seq.) the General Pretreatment Regulations (40 Code of Federal Regulations Part 403) and the Pretreatment Requirements for New and Existing Sources of  Pollution (Chapter 62-625 FAC). The objectives of this ordinance are:

(a) To prevent the introduction of pollutants into the wastewater facilities that will interfere with its operation, including interference with its use or disposal of domestic wastewater residuals;
(b) To prevent the introduction of pollutants into the wastewater facilities that will pass through the wastewater facilities, inadequately treated, into receiving waters, or otherwise be incompatible with the wastewater facilities;
(c) To protect both wastewater facilities personnel who may be affected by wastewater and sludge in the course of their employment and the general public;
(d) To promote reuse and recycling of industrial wastewater and sludge from the wastewater facilities
(e) To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the wastewater facilities; and
(f) To enable SUA to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the wastewater facilities is subject.

This ordinance shall apply to all users of the wastewater facilities. The ordinance authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

1-1997.002 Definitions

The following terms and phrases when used in this chapter shall have the meaning ascribed to them in this section except where the context clearly indicates a different meaning.  Words used in the present tense shall include the future, and the singular number includes the plural, and the plural the singular.

(1) "Act or the Act" shall mean the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.

(2) “Approval Authority” The Florida Department of Environmental Protection (DEP) is the approval authority for all industrial pretreatment program related activities.

(3) "Authorized representative of industrial user" shall mean:

 (a) If the user is a corporation:

 1. A principal executive officer of at least the level of vice-president, if the industrial user is a corporation.
 2. The manager of one or more manufacturing, production, or operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding twenty-five (25) million dollars (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

 (b) If the industrial user is a partnership or proprietorship: a general partner or proprietor, respectively.
 (c) If the user is a Federal, State or local governmental facility:  a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
 (d) The individuals described in paragraphs (a) through (c), above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to SUA.

(4) "Biochemical oxygen demand" (B.O.D.) shall mean the quantity of oxygen used in the biochemical oxidation of organic matter in a specified time, at a specified temperature, and under specified conditions.  Biochemical oxygen demand shall also mean or refer to a standard test for assessing wastewater strength expressed in the demand for oxygen for a five-day period as specified in "Standard Methods for Examination of Water and Wastewater", most recent edition.

(5) "Categorical standards" shall mean the national categorical pretreatment standards or pretreatment standard.

(6) “Chemical Oxygen Demand” (C.O.D.) shall mean the measure of the oxygen equivalent of the organic matter content of a sample that is susceptible to oxidation by a strong chemical oxidant. Chemical oxygen demand shall also mean or refer to a standard test for assessing wastewater strength expressed in the demand for oxygen as specified in “Standard Methods for Examination of Water and Wastewater”, most recent edition.

(7) "Composite sample" shall mean a measured sample of wastewater collected at predetermined intervals, to be commingled over a time period.

(8) "Constituents" shall mean the particles and conditions which exist in wastewater.

(9) "Conventional pollutant" shall mean any of five categories defined by the Clean Water Act:  B.O.D., suspended solids, fecal coliform, pH and oil and grease.

(10) “DEP” The Florida Department of Environmental Protection

(11) "Domestic waste" shall mean the wastewater produced from non-commercial or non-industrial activities which results from normal human processes which are substantially similar in origin and strength to those typically produced in households.

(12) “Environmental Protection Agency or EPA.” The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency.

(13) “Executive Director” The Chief Executive Officer for Seacoast Utility Authority (SUA), appointed by the SUA  Board, who is responsible for planning, organizing, directing and coordinating water and sewage activities throughout SUA or designating a person to perform these functions.

(14) “Existing Source” Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the act.

(15) “Grab Sample” A sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes.

(16) “Indirect Discharge”  Introduction of pollutants into a treatment facility regulated under Section 307(B) (C) and (D) of the Clean Water Act.

(17) "Industrial user" shall mean a source of indirect discharge which does not constitute a "discharge of pollutants" under regulations issued pursuant to Section 402 of the Act (33 U.S.C. 1342).

(18) "Industrial waste" shall mean the sewage from industrial processes, as distinguished from domestic sewage.

(19) “Instantaneous Maximum Allowable Discharge Limit” The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

(20) "Interference" shall mean a discharge which inhibits or disrupts SUA's wastewater facility treatment processes or operations that contributes to a violation of any requirement of SUA's NPDES Permit.  The term includes prevention of sewage sludge use or disposal by the wastewater facilities in accordance with 405 of Act (33 U.S.C. 1324), or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the wastewater facilities.

(21) “Medical Waste” shall mean Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

(22) "National categorical pretreatment standards or pretreatment standard" shall mean any regulation containing pollutant discharge limits promulgated by the Environmental Protection Agency in accordance with Section 307 (b) and (c) of the Act (33 U.S.C. 1337) which applies to a specific category of industrial users.

(23) "New source" shall be defined as follows:

 (a) Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
 
 1. The building, structure, facility, or installation is constructed at a site at which no other source is located; or
 2. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
 3. The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.

 (b) Construction on a site at which an existing source is located results in a new modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Section (a) 2. or 3. above but otherwise alters, replaces, or adds to existing process or production equipment.

 (c) Construction of a new source as defined under this paragraph has commenced if the owner or operator has:

 1. Begun, or caused to begin, as part of a continuous onsite construction program

 a. any placement, assembly, or installation of facilities or equipment; or
 b. significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment;  or

 2. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.
(24) "National Pollution Discharge Elimination System or NPDES Permit" shall mean a permit issued pursuant to Chapter 62-625 F.A.C.

(25) “Noncontact cooling water” Water used for cooling which does not come  into direct contact with any raw material, intermediate product, waste product, or finished product.

(26) "Pass Through" - a discharge which exits the WWTP into waters of the U.S. in quantities or concentrations which alone or in conjunction with a discharge that is from other sources is a cause of a violation of any requirements of SUA's NPDES permit.  (Including an increase in the magnitude or duration of a violation.).

(27) "Person" shall mean any individual, firm, company, association, society, corporation, partnership, group or industrial concern.

(28) "pH" shall mean the logarithm of the reciprocal of the hydrogen ion concentration.  The concentration is the weight of hydrogen ions, in grams, per liter of solution.

(29) "Pollution" shall mean the man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

(30) "Pollutant" shall mean any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.

(31) "POTW" shall mean Publicly Owned Treatment Works.

(32) “Pretreatment Requirements” Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

(33) “Pretreatment Standards or Standards” Pretreatment  standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits.

(34) "Priority pollutant" shall mean any toxic pollutant regulated under Categorical Standards.

(35) “Programs Coordinator (PC)” The person designated by SUA to be charged with certain duties and responsibilities by this ordinance, or a duly authorized representative.

(36) “Prohibited Discharge Standards or Prohibited Discharges” Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section .002 of this ordinance.

(37) "Sanitary sewer" shall mean a sewer intended to carry domestic waste from residences, commercial buildings, industrial plants and institutions, together with small quantities of ground, storm and surface waters that are not intentionally admitted.

(38) “Septic Tank Waste” shall mean any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

(39) “Sewage” shall mean human excrement and gray water (household showers, dishwashing operations, etc.).

(40) "Sewer" shall mean a pipe or conduit intended to carry wastewater.

(41) “Sewer Service Policy” - a schedule of the company's rules, regulations and rates approved by the Seacoast Utility Authority Governing Board.

(42) "Significant industrial user" as defined in Rule 62-625.200(20)FAC

(43) “Significant noncompliance” An industrial user is in significant noncompliance if its violatiion meets one or more of the following criteria:

 (a) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent or more of all of the measurements taken during a six month  period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter,
 (b) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent or more of all of the measurements taken during a six-month period equal or exceed the product of the daily maximum limit ot the average limit multiplied by the applicable TRC (TRC= 1.4 for BOD, TSS, Total Oil and Grease, and 1.2 for all other pollutants except pH),
 (c) Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the control authority determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of wastewater facilities personnel or the general public),
 (d) Any discharge that has resulted in the control authority’s exercise of its emergency authority under 1-1997.007 to halt or prevent such a discharge,
 (e) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance,
 (f) Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, 90 day compliance reports, periodic self- monitoring reports, and reports on  compliance schedules with compliance schedules,
 (g) Failure to accurately report noncompliance, and
 (h) Any other violation or group of violations which the control authority determines will adversely affect the operation or implementation of the pretreatment program, except when the Department is acting as the control authority.

(44) "Slug" shall mean any discharge at any flow rate or concentration that could cause a violation of the “Discharges Prohibited” section of this ordinance.

(45) "Standard industrial classification (SIC)" shall mean a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.

(46) "Storm sewer" shall mean a sewer intended to carry storm and surface waters, street wash, and other waters or drainage excluding wastes carried by sanitary sewers.

(47) “Storm water” Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

(48) "SUA" shall mean the Seacoast Utility Authority.

(49) "Suspended solids" shall mean materials that either float on the surface or are suspended in water, wastewater or other liquids, most of which are removable by laboratory filtering.  Suspended solids shall also mean the quantity of material removed from wastewater in a laboratory test, as prescribed in "Standard Methods for Examination of Water and Wastewater", most recent edition, and referred to as nonfilterable residue.

(50) "Treatment or pretreatment" shall mean 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 wastewater facilities.  The reduction or alteration can be obtained by physical, chemical, or biological processes, or process changes or other means, except as prohibited by Chapter 62-625(4)(g)6.

(51) "User" shall mean any person who contributes, causes or permits the discharge of wastewater into SUA's wastewater facilities.

(52) "Wastewater" shall mean the spent water of a community, including water carried wastes from residences, commercial buildings, industrial plants and institutions, as well as ground water, surface water and storm water.

(53) "Wastewater Discharge Permit" shall mean as set forth in Section 1-1997.005 of this ordinance any substantive or procedural requirement related to pretreatment, in addition to any national pretreatment standard imposed on an industrial user.

(54) "Wastewater facilities" shall mean the structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and dispose of the effluent.

(55) “Wastewater Treatment Plant or Treatment Plant” That portion of the wastewater facility  which is designed to provide treatment of municipal sewage and industrial waste.

1-1997.003  General Sewer Use Requirements

Except as hereinafter provided, no person shall discharge or cause to be discharged the following into the wastewater facilities:

(1) Discharges Prohibited

 (a) General Prohibitions. No user shall introduce or cause to be introduced into the wastewater facility  any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the wastewater facility  whether or not they are subject to categorical pretreatment standards or any other National, State, or local pretreatment standards or requirements.

 (b) Specific Prohibitions

 1. Any waters or wastes having a pH lower than 5.0 or higher than 9.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of  SUA.
 2. Pollutants which create a fire or explosion hazard in the wastewater facilities such as gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas, or waste stream with a closed cup flash point of less than 140 degrees F or 60 degrees C.
 3. Any wastes from septic tanks or other facilities, or wastes emanating from locations outside SUA's service area.
 4. Any water or wastes containing more than 2,000 parts per million by weight (2,000 mg per liter) of dissolved solids, more than 600 parts per million (600 mg per liter) of chlorides, or a hydrogen sulfide content of more than 5 parts per million (5 mg per liter).
 5. Heat in amounts which will inhibit biological activity in the wastewater facilities resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 40°C (104°F) unless the DEP, upon request of the control authority, approves alternate temperature limits in accordance with Rule 62-625.520, FAC.
 6. Any water or wastes containing fat, oil, grease or any oily substance, singly or in combination, which exceed an average of 100 parts per million or petroleum oils or nonbiodegradable cutting oils or products of mineral oil origin in amounts that will cause passthrough or interference.
7. Any noxious or malodorous gas or substance which, either singly or by interaction with other wastes, may create a public nuisance or increase the hazard of entry into sewers for maintenance and repair. Decomposition products of domestic sewage are excepted herefrom.
 8. Any solid or viscous substance which may cause obstruction to the flow in sewers or interference with the proper operation of SUA's wastewater facilities.
 9. Any waters or wastes containing toxic, poisonous or radioactive substances in concentrations which may singly or in combination with other waste, constitute or create a public nuisance or a hazard to humans or animals, or may interfere with any wastewater treatment process or SUA's wastewater facilities, or create a hazard in the receiving water.
 10. Any liquids, solids, or gases containing, carrying, or consisting of regulated materials or characteristics listed below in amounts which exceed discharge limits.
11. Any water or waste which, after treatment by SUA, exceeds federal, state or local quality requirements, unless such discharge is allowed by a current and lawful operating permit.
12. Any storm water or drainage from a yard, roof, basement, air conditioning unit, cooling tower, or street catch-basin.
 13. Any wastewater which causes a hazard to human life or creates a public nuisance.
 14. Dilution- No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. SUA may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.
 15. Any waste that is hazardous waste under 40 CFR Part 261 will not be discharged to the SUA sewerage system. If hazardous waste is discharged as described by 1-1997.006(4) the industrial user shall follow the reporting requirements stated in 1-1997.004.

(2) Local Limits

 Any wastewaters containing concentrations which exceed the following local discharge standards are prohibited:

POLLUTANT UNIFORM	INDUSTRIAL LIMIT CONCENTRATION (mg/L)
Silver	0.86
Cadmium	0.04
Copper	1.6
Mercury	0.02
Nickel	.67
Zinc	1.38
Chromium	5.58
Cyanide	0.5
Lead	0.47
Arsenic	0.08
Molybdenum	0.18
Selenium	0.18

1-1997.004  Pretreatment of Wastewater

(1) Pretreatment Facilities. Users shall provide wastewater treatment as necessary to comply with this ordinance and shall achieve compliance with all categorical pretreatment standards, local lmits, and the prohibitions set forth in 1-1997.003 of this ordinance within the time limitations specified by EPA, DEP, or SUA, whichever is more stringent. All facilities necessary for compliance shall be provided, operated, and maintained at the user’s expense. Detailed plans describing such facilities and operating procedures shall be submitted to the PC for review, and shall be acceptable to SUA before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to SUA under the provisions of this ordinance.

(2) Additional Pretreatment Measures

 (a) Whenever deemed necessary SUA may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the POTW and determine the user’s compliance with the requirements of this ordinance.
 (b) SUA may require any person discharging into the wastewater facility to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.
 (c) Grease, oil, and sand interceptors shall be provided when, in the opinion of the P.C., they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by SUA and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at their expense.
 (d) Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

(3) Accidental Discharge / Slug Control Plans

 (a) Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this ordinance.  Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense.  Detailed plans showing facilities and operating procedures to provide this protection shall  be submitted to SUA for review, and shall be approved by SUA before construction of the facility.  All existing users shall complete such a plan within ninety (90) days of the effective date of this ordinance.  No user who commences discharge to the wastewater facilities after the effective date of this ordinance shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by SUA.  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 this ordinance. An accidental discharge/slug control plan shall address, at a minimum, the following:

 1. Description of discharge practices, including nonroutine batch discharges;
 2. Description of stored chemicals;
 3. Procedures for immediately notifying the POTW of any accidental or slug discharge, as required by Section .006(4) of this ordinance; and,
 4. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.

  In the case of an accidental discharge or slug, it is the responsibility of the user to immediately telephone and notify the wastewater facilities of the incident.  The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.
 (b) Within five (5) days following an accidental discharge or slug, the user shall submit to SUA a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences.  Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the wastewater facilities, fish kills, or any 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 this section or other applicable law.
 (c) A notice shall be permanently posted in the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge.  Employers shall insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.

1-1997.005  Wastewater Discharge Permits

(1) General permits.  All significant users proposing to connect to or to discharge to the wastewater facilities shall obtain a Wastewater Discharge Permit from SUA before connecting to or discharging to the wastewater facilities.  All existing significant users connected to or discharging to the wastewater facilities shall obtain a wastewater discharge permit within one hundred eighty (180) days after the effective date of this ordinance.  An extension may be granted in cases of extenuating circumstances.

(2) Permit application.  Users required to obtain a Wastewater Discharge Permit shall complete and file with SUA an application in the form prescribed within the Sewer Service Policy within ninety (90) days after the effective date of this ordinance, and proposed new users shall apply at least ninety (90) days prior to connecting to or discharging to the wastewater facilities.  In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:

 (a) Name, address and location (if different from the address).
 (b) SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.
 (c) Wastewater constituents and characteristics, including, but not limited to, those mentioned in 1-1997.003(2) of this ordinance as determined by DHRS Certified analytical laboratory acceptable to SUA; sampling and analysis shall be performed in accordance with procedures established by the Department of Environmental Protection pursuant to Chapter 62-160, F.A.C.
 (d) Time and duration of discharge except where expressly authorized to do so, by an applicable pretreatment standard no industrial user shall ever increase the use of process water or in any other way attempt to dilute discharge as a partial or complete substitute for adequate treatment to achieve compliance with pretreatment standards.
 (e) Average daily and 30-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any.
 (f) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation.
 (g) Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged. 
 (h) Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, state or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) or additional pretreatment is required for the user to meet applicable pretreatment standards.
 (i) If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment.  The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.  The following conditions shall apply to this schedule:

 1. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operations of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).
 2. No increment referred to in subsection 1. above shall exceed nine (9) months.
 3. Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the user shall submit a progress report to SUA, including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established.  In no event shall more than nine (9) months elapse between such progress reports to SUA.

 (j) Each product produced by type, amount, process or processes and rate of production.
 (k) Type and amount of raw materials processed (average and maximum per day).
 (l) Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system.
 (m) Any other information as may be deemed by SUA to be necessary to evaluate the permit application.

(3) SUA review.  SUA will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, SUA may issue a Wastewater Discharge Permit, subject to terms and conditions provided herein. SUA may deny any application for a wastewater discharge permit

(4) Permit modifications.  Within nine (9) months of the promulgation of a national categorical pretreatment standard, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standard with the time frame prescribed by such standard.  Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater discharge permit as required by this section, the user shall apply for a Wastewater Discharge Permit within one hundred eighty (180) days after the promulgation of the applicable national categorical pretreatment standard.  In addition, the user with an existing Wastewater Discharge Permit shall submit to SUA within one hundred eighty (180) days after the promulgation of an applicable federal categorical pretreatment standard any additional information required by the new standard.

(5) Permit conditions.  Wastewater discharge permits shall be expressly subject to all provisions of this ordinance and all other applicable regulations, user charges and fees established by SUA.  Permits shall contain the following where applicable:

 (a) The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer.
 (b) Limits on the average and maximum wastewater constituents and characteristics.
 (c) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization.
 (d) Requirements for installation and maintenance of inspection and sampling facilities.
 (e) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule.  Specifications may be modified by SUA at any time during the permit period.
 (f) Compliance schedules.
 (g) Requirements for submission of technical reports or discharge reports (see Section 5).
 (h) Requirements for maintaining and retaining plans records relating to wastewater discharge as specified by SUA, and affording SUA access thereto.
 (i) Requirements for notification of SUA or any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system.
 (j) Other conditions as deemed appropriate by SUA to ensure compliance with this ordinance.
 (k) Statement of nontransferability
 (l) Statement of civil and criminal penalties for violation of pretreatment standards and requirements
 (m) Statement of duration

(6) Permits duration.  Permits shall be issued for a specified time period, not to exceed five (5) years.  A permit may be issued for a period less than  one (1) year or may be stated to expire on a specific date.  The user shall apply for permit reissuance a minimum of ninety (90) days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by SUA during the term of the permit as limitations or requirements are modified or other just cause exists. 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 change or new conditions in the permit shall include a reasonable time schedule for compliance.

(7) Permit Transfer.  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, different premises, or a new or changed operation without the approval of SUA. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.

(8) Revocation of permit

 (a) Any user that violates the following conditions of this ordinance, or applicable state and federal regulations, is subject to a fine up to $1,000.00 per day or subject to permit revocation or both:

  1. Failure of a user to factually report the wastewater constituents and characteristics of their discharge no later than the due dates so stipulated in the permit.
  2. Failure of the user to report significant changes in operations, or wastewater constituents and characteristics.
  3. Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring.
  4. Violation of conditions of the permit.

 (b) Whenever SUA finds that any user has violated or is violating this ordinance, wastewater discharge permit, or any prohibition, limitation or requirements contained herein, SUA shall serve upon such person a written notice stating the nature of the violation. Within ten (10) days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to SUA by the user.

(9) Permit  appeals. The SUA shall provide public notice of the issuance of a wastewater discharge permit. Any person, including the user, may petition SUA to reconsider the terms of a wastewater discharge permit within thirty (30) days of notice of its issuance.

 (a) Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
 (b) In its’ petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.
 (c) The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
 (d) If SUA fails to act within thirty (30) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.
 (e) Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the Circuit Court of Palm Beach County, Florida within four (4) years.

(10) Permit denial. SUA may deny the issuance of a waste water discharge permit until the industrial user submits an application that is completed to the satisfaction of  SUA. The industrial user may petition SUA to reconsider the denial of permit issuance within thirty days of notification of the denial.

(a) In its’ petition, the appealing party must indicate the reason(s) the application should be accepted as originally submitted.
(b) If SUA fails to act within thirty (30) days the petition for reconsideration shall be deemed to be denied. Decisions not to reconsider an application for permit shall be considered  final for purposes of judicial review.
(c) Aggrieved parties seeking judicial review of the final application for permit decision must do so by filing a complaint with the Circuit Court of  Palm Beach County, Florida within four years.

1-1997.006  Reporting Requirements for Permittee

(1) Compliance date report. Within ninety (90) days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the wastewater facilities, any user subject to pretreatment standards and requirements shall submit to SUA a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or requirements.  The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. The report shall include a schedule stating the information described in (a)1. below.  This statement shall be signed by an authorized representative.

(a) 1. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to,  hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);
2. No increment referred to above shall exceed nine (9) months;
3. The user shall submit a progress report to SUA no later than forteen days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and
4. In no event shall more than nine (9) months elapse between such progress reports to SUA.

(2) Self-monitoring samples.

 (a) All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the certification statement written at the end of this paragraph. Further, any user subject to a pretreatment standard, after the compliance date of such pretreatment standards, or, in the case of a new source, after commencement of the discharge into the wastewater facilities, shall submit to SUA self-monitoring samples in the form of a report prepared by a laboratory certified by the State of Florida Department of Health and Rehabilitative Services, indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards.  In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in subsection (1) of this section. At the discretion of SUA and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., SUA may agree to alter the months during which the above reports are to be submitted.  All reports shall by signed by an authorized representative and shall contain the following statement:
  
   "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted.  Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete.  I am aware that there are significant penalties imposed under §837.06 Florida Statutes for submitting false information, including the possibility of fines and imprisonment for knowing violations." 

  The required frequency of submission of such reports shall be determined by SUA based upon the following factors, but in no case less than twice per year.

  1. Constituency of discharge
  2. Compliance history of user.
  3. Impact on the operation of the wastewater facility including sludge disposal.
  4. Water quality impact on receiving stream.

 (b) SUA may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate.  In such cases, the report required by subsection (a) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user.  These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by SUA, of pollutants contained therein which are limited by the applicable pretreatment standards.  The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analyses shall be performed in accordance with procedures established by the Administrator of the Environmental Protection Agency pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136 as well as Rule 62-625.600 F.A.C. and amendments thereto or with any other test procedures approved by the Administrator..
 (c) The industrial user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, SUA may authorize the use of time proportional sampling or a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
 (d) Recording of results - For each sample taken pursuant to the permit requirements, the user shall record the following information.

  1. Exact time, date, and place of sampling.
  2. Date analysis was performed.
  3. Person performing sampling and analysis.
  4. Analytical technique or method used.
  5. Results of all required analysis performed within 45  days of sampling.

 (e) The user shall pay to SUA a sum equal to the actual cost of testing for each sample re-tested by SUA.
 (f) Where monitoring shows a violation, the user must resample and resubmit the results within 30 days of the original sample date.

(3) Reports of Changed Conditions

 Each user must notify SUA of any planned significant changes to the user’s operations or system which might alter the nature, quality, or volume of its wastewater at least five (5) days before the change.

 (a) SUA may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section .005(2) of this ordinance.
 (b) SUA may issue a wastewater discharge permit under Section .005(3) of this ordinance or modify an existing wastewater discharge permit under Section .005(4) of this ordinance in response to changed conditions or anticipated changed conditions.
 (c) For purposes of this requirement, significant changes include, but are not lmited to, flow increases of twenty percent (20%) or greater, and the discharge of any previously unreported pollutants.

(4) Reports of potential problems. In the case of any discharge, including but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall follow the reporting requirements as stated in Section .004(3)(b) of this ordinance.

(5) Reports from unpermitted users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to SUA as SUA may require.

(6) Notice of violation / Repeat sampling and reporting. If sampling performed by a user indicates a violation, the user must notify SUA within twenty-four (24) hours after becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to SUA within thirty (30) days of becoming aware of the violation. The user is not required to resample if SUA monitors at the user’s facility at least once a month, or if SUA samples between the user’s initial sampling and when the user receives the results of this sampling.

(7) Notification of the discharge of hazardous waste. Any waste that is hazardous waste under 40 CFR Part 261 will not be discharged to the SUA sewage system. If hazardous waste is discharged as described by Section .006(4) of this ordinance the industrial user shall follow the reporting requirements stated in Section .004(3)(b) of this ordinance.

1-1997.007  Harmful Discharges. Suspension of Service/Permit

(1) SUA may suspend water and/or wastewater service or a Wastewater Discharge Permit when such suspension is necessary, in the opinion of SUA, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the wastewater facilities or causes SUA to violate any condition of its NPDES Permit.

(2) Any person notified of a suspension of the wastewater treatment service and/or the Wastewater Discharge Permit shall immediately stop or eliminate the discharge.  In the event of a failure of the person to comply voluntarily with the suspension order, SUA shall immediately take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the wastewater facilities or endangerment to any individuals.  SUA shall reinstate the Wastewater Discharge Permit or water and/or wastewater service upon proof of the elimination of the non-complying discharge.  A detailed written statement submitted by the user describing the causes of the harmful discharge and the measures taken to prevent any future occurrence shall be submitted to SUA within five (5) days of the date of occurrence.

1-1997.008  Record Keeping

Industrial users must retain, and make available for inspection and copying, all records and information required to be retained under 62-625.600(14) F.A.C.  These records shall remain available for a period of at least three (3) years.  This period shall be automatically extended for the duration of any litigation concerning compliance with this ordinance, or where the industrial user has been specifically notified of a longer retention period by SUA.

1-1997.009  Compliance Monitoring

SUA shall have the right to enter the facilities of any industrial user to ascertain whether the purpose of this Ordinance is being met and all requirements are being complied with.  Industrial users shall allow SUA or its representatives ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

(1) Inspection and Sampling

(a) Where a user has security measures in force which require proper identification and clearance before entry into their premises, the industrial user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from SUA, the City, State and U.S. EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities
(b) SUA, the City, State, and U.S. EPA shall have the right to set  up or require installation of, on the industrial user's property, such devices as are necessary to conduct sampling, and/or metering of the user's operations.
(c) SUA shall have the right to require the industrial user to install monitoring equipment, as necessary.  The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the industrial user at the industrial user's expense.  All devices used to measure wastewater flow and quality shall be calibrated periodically to ensure their accuracy.
(d) Any temporary or permanent obstruction to safe and easy access to the industrial facility to be inspected and/or sampled shall be promptly removed by the industrial user at the written or verbal request of SUA and shall not be replaced.  The costs of clearing such access shall be borne by the industrial user.
(e) Unreasonable delays in  allowing authorized personnel access to the industrial user's premises shall be a violation of this Ordinance.
(f) In accordance with 62-625.800 F.A.C., any information submitted to SUA or DEP pursuant to these regulations may be claimed as confidential by the submitter.  Any such claim must be asserted at the time of submission by stamping the words "confidential business information" on each page containing such information.  If no claim is made at the time of submission, SUA or DEP may make the information available to the public without further notice.  If a claim is asserted, the information will be treated in accordance with the procedures in 62-625.800 F.A.C. (Public Information).  Information and effluent data provided to SUA pursuant to this part shall be available to the public at least to the extent provided by 62-625.800 F.A.C.

(2) Search Warrants. If a SUA representative has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample, as part of a routine inspection and sampling program of  SUA, designed to verify compliance with this ordinance orany permit or order issued hereunder, or to protect the overall public health, safety and welfare within the SUA service area, then the Executive Director may seek issuance of a Search Warrant from the Circuit Court of Palm Beach County, Florida.

1-1997.010  Administrative Enforcement Remedies

SUA operates under legal authority enforcable in federal, state or local courts, which authorizes or enables SUA to apply and to enforce the requirements of Chapter 62-625 F.A.C.

(1) Notification of Violation. When a SUA representative finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, a SUA representative may serve upon that user a written Notice of Violation (NOV). Within fifteen (15) days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the SUA Executive Director. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the NOV. Nothing in this section shall limit the authority of the SUA Executive Director to take any action, including emergency actions or any other enforcement action, without first issuing a NOV. 

(2) Consent Orders. The Executive Director may enter into Consent Orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Sections .010(4) and (5) of this ordinance and shall be judicially enforceable.

(3) Show Cause Hearing. The Executive Director may order a user which has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Executive Director and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least three (3) days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

(4) Compliance Orders. When the Executive Director finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Executive Director may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time  provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance estalished for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(5) Cease and Desist Orders. When a SUA representative finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user’s past violations are unlikely to recur, the SUA Executive Director may issue an order to the user directing it to cease and desist all such violations and directing the user to:

(a) Immediately comply with all requirements; and
(b) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

 Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(6) Administrative Fines

(a) When the Executive Director finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Executive Director may fine such user in the amount not to exeed five hundred dollars ($500) per day. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long term average discharge limits, fines shall be assessed for each day during the  period of violation.
(b) Unpaid charges, fines, and penalties shall, after thirty (30) calender days, be assessed an additional penalty of eighteen percent (18%) of the unpaid balance, and interest shall accrue thereafter at a rate of one and one half percent (1.5%) per month. A lien against the user’s property will be sought for unpaid charges, fines and penalties.
(c) Users desiring to dispute such fines must file a written request for a hearing for the Authority Board to reconsider the fine along with full payment of the fine amount within sixty (60) days of being notified of the fine. If a request has merit, SUA may convene a hearing on the matter. In the event the user’s appeal is successful, the payment, together with any intrest accruing thereto, shall be returned to the user. SUA may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(d) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.

1-1997.011  Judicial Enforcement Remedies

(1) Injunctive Relief. When a SUA representative finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any pretreatment standard or requirement, the SUA Executive Director may petition the Circuit Court of Palm Beach County, Florida through the SUA Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this ordinance on activities of the user. The Executive Director may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.

(2) Civil Penalties

(a) A user who has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to SUA for a maximum civil penalty of two thousand dollars ($2000) per violation per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period or the violation.
(b) The Executive Director may recover reasonable attorneys’ fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by SUA.
(c) In determining the amount of civil liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user’s violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.
(d) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.

(3) Criminal Prosecution.

(a) A user who willfully or negligently violates any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction be guilty of a misdemeanor, punishable by a fine of not more than two thousand dollars ($2000) per violation per day.
(b) A user who willfully or negligently introduces any substance into the wastewater facility which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a  penalty of at least one thousand dollars ($1000).
(c) A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan or other documentation filed, or required to be maintained, pursuant to this ordinance, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance shall, upon conviction, be punished by a fine of not more than two thousand dollars ($2000) per violation per day.
(d) In the event of a second conviction, a user shall be punished by a fine of not more than two thousand dollars ($2000) per violation per day.

(4) Remedies Nonexclusive. The remedies provided for in this ordinance are not exclusive. The Executive Director may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be  in accordance with SUA’s enforcement response plan. However, the Executive Director may take other action against any user when the circumstances warrant. Further, the Executive Director is empowered to take more than one enforcement action against any noncompliant user.

1-1997.012 “Public Notice”

(1) SUA shall publish annually in the largest daily newspaper published within the County, a list of Industrial Users which during the previous twelve (12) months were significantly violating applicable Pretreatment Standards.

1-1997.013 “Affirmative Defenses to Discharge Violations”

(1) Upset

(a) For the purposes of this section, “upset” means on exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
(b) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of paragraph (c) below, are met.
(c) A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or  other relevant evidence that:

1. An upset occurred and the user can identify the cause(s) of the upset;
2. The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and
3. The user has submitted the following information to SUA within twenty-four (24) hours of the upset. If this information is provided orally, a written submission must be provided within five (5) days:

a. A description of the indirect discharge and cause of noncompliance;
b. The period  of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and
c. Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.

4. In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.
5. Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.
6. Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.

(2) Prohibited Discharge Standards

 A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in Section .003(1)(a) of this ordinance of the specific prohibitions in Sections .003(1)(b)4 through 15 of this ordinance if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:

(a) A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or
(b) No local limit exists, but the discharge did not change substantially in nature or constituents from the user’s prior discharge when SUA was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.

(3) Bypass

(a) For the purposes of this section,

1. “Bypass” means the intentional diversion of wastestreams from any portion of a user’s treatment facility,
2. “Severe property damage” means substantial physical damage to property,  damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

(b) A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of paragraphs (c) and (d) of this section.

(c) 1. If a user knows in advance of the need for a bypass, it shall submit prior notice to SUA at least ten (10) days prior to the date of the bypass, if possible.
 2. A user shall submit oral notice to SUA of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. SUA may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours.

(d) 1. Bypass is prohibited, and SUA may take an enforcement action against a user for a bypass, unless:

a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
b. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal equipment downtime or preventive maintenance; and
c. The user submitted notices as required under paragraph (c) of this section.

2. SUA may approve an anticipated bypass, after considering its adverse effects, if SUA determines that it will meet the three conditions listed in paragraph (d)1. of this section.

1-2997.014 Wastewater Treatment Rates (Reserved)

1-1997.015 Pretreatment Charges and Fees

(1) Pretreatment Charges and Fees

 SUA may adopt reasonable fees for reimbursement of costs of setting up and operating  SUA’s Pretreatment Program which may include:

(a) Fees for wastewater discharge permit applications including the cost of processing such applications;
(b) Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user’s discharge, and reviewing monitoring reports submitted by users;
(c) Fees for reviewing and responding to accidental discharge procedures and construction;
(d) Fees for filing appeals; and
(e) Other fees as SUA may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this ordinance and are separate from all other fees, fines, and penalties chargeable by SUA

(2) If any provision of this ordinance is invalidated by any court of competent jurisdiction, the remaining provisions shall not be effected and shall continue in full force and effect.