HomeMy WebLinkAboutEDB Proposed Pretreatment Resolution 2021.2022-05 I
EXECUTIVE SUMMARY
AGENDA ITEM:
Proposed Pretreatment Resolution 2021/2022-05
Date: July 28, 2022
BACKGROUND:
The Florida Legislative Session recently passed additional rules identified as 403.0741 Florida
Statute(F.S.), Grease Waste Removal and Disposal. The new law requires grease waste haulers to
clean grease separation devices and properly dispose of grease waste. 403.0741 F.S. also
authorizes local governments to regulate grease waste removal and disposal. As the Control
Authority, CCUA needs to modify the pretreatment resolution to include a fats, oils, and grease
best management practice (FOG BMP)policy to implement these new rules.
The FOG BMP policy will outline the required maintenance practices for grease separation devices
and establish an approved hauler program.
o RECOMMENDATION:
Staff requests the Board of Supervisors approve Resolution 2021/2022-05.
ATTACHMENTS:
Modified Pretreatment Resolution 2021/2022-05
FOG BMP Policy
Approved Hauler Program
Florida Statute 403.0741
CLAY COUNTY UTILITY AUTHORITY
RESOLUTION NO. 2021/2022-05
A RESOLUTION OF THE BOARD OF
SUPERVISORS OF THE CLAY COUNTY
UTILIITY AMENDING AND RESTATING IN ITS
ENTIRETY AUTHORITY RESOLUTION NO.
2019/2020-06, RE: CLAY COUNTY UTILITY
AUTHORITY PRETREATMENT PROGRAM
WITH RESPECT TO GENERAL SEWER USE AND
PRETREATMENT OF WASTEWATER;
ESTABLISHING SEWER USE REQUIREMENTS;
PROVIDING FOR PRETREATMENT OF
WASTEWATER; PROVIDING FOR ADOPTION
BY REFERENCE OF CLAY COUNTY UTILITY
AUTHORTY FATS, OILS AND GREASE BEST
MANAGEMENT PRACTICE POLICY,
PROVIDING FOR APPLICATION AND ISSUANCE
OF WASTEWATER DISCHARGE PERMITS;
ESTABLISHING WASTEWATER DISCHARGE
PERMIT ISSUANCE PROCESS; ESTABLISHING
REPORTING REQUIRMENTS; PROVIDING FOR
COMPLIANCE MONITORING; PROVIDING FOR
EXCEPTION FOR TRADE SECRETS OF USERS
AS CONFIDENTAL INFORMATION;
ESTABLISHING ADMINISTRATIVE
ENFORCEMENT REMEDIES; PROVIDING FOR
JUDICAL ENFORCEMENT REMEDIES;
ESTABLISHING AFFIRMATIVE DEFENSES TO
DISCHARGE VIOLATIONS; CROSS
REFERENCING RATE RESOLUTION FOR
CURRENT WASTEWATER TREATMENT RATES;
PRETREATMENT CHARGES AND FEES;
PROVIDING FOR SEVERABILITY OF
PROVISIONS; AND PROVIDING AND
EFFECTIVE DATE.
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WHEREAS, the Clay County Utility Authority (the "Authority" or "CCUA"),
came into existence on October 1, 1994, and on that date undertook the ownership and
operation of the water and sewer utility referenced in Section 27 of Chapter 94-491,
Laws of Florida (the "Special Act"), as well as of the Pier Station community water
treatment and distribution system; and
WHEREAS, on September 4, 1997, CCUA accepted the transfer of McRae
Landing Water Treatment System, and on the same date authorized the operation of the
Eagle Harbor Water and Wastewater Treatment Systems,pursuant to that one certain
Operation and Maintenance Agreement between CCUA and THE CROSSING AT
FLEMING ISLAND COMMUNITY DEVELOPMENT DISTRICT, a Chapter 190,
F.S. Community Development District; and
WHEREAS, CCUA previously adopted its then current annual rate resolution
and service availability policy effective October 6, 1997, through CCUA Resolution
No. 97/98-01, and Sections 2 and 3 of this resolution supplement provision of such
prior resolution, with respect to general sewer use requirements and pretreatment of
wastewater; and
WHEREAS, the United States Environmental Protection Agency ("EPA") and
the Florida Department of Environmental Protection ("FDEP") required CCUA to
develop and adopt pretreatment programs to regulate industrial discharges to CCUA
wastewater system, consistent with the General Pretreatment Regulation found in
Chapter 62-625, F.A.C., as amended; and
WHEREAS, Section 6, subsection(10) of the Special Act empowers CCUA to
prescribe methods of pretreatment of industrial wastes not amenable to treatment with
domestic sewage before accepting such wastes for treatment and to refuse to accept
such industrial wastes when not sufficiently pretreated as may be prescribed, and by
proper resolution to prescribe penalties for refusal of any person or corporation to so
pretreat such industrial wastes; and
WHEREAS, on June 16, 1998, the Authority adopted Resolution No. 97/98-11,
which set forth policies and regulations concerning pretreatment of industrial wastes
and other substances for acceptance for further treatment by CCUA's wastewater
systems; and
WHEREAS, CCUA previously adopted its pretreatment requirements by
Resolution No. 97/98-11, with respect to general sewer use and pretreatment of
wastewater, and, among other things,thereby established its local limits for wastewater
pollutants discharge, and its policies and procedures for application and issuance of
wastewater discharge permits; and
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WHEREAS, FDEP previously recommended that CCUA amend Section 2.4 of
Resolution No. 97/98-11, to delete specific stated local limits from that resolution, and
rather authorizing the Executive Director of the Authority to establish from time to time
applicable local limits for CCUA, subject to FDEP review and approval; and
WHEREAS, on February 3, 2004, the Authority adopted Resolution No.
2003/2004-07, amending Section 2.4 of Resolution No. 97/98-11, to delete specific
stated local limits from that resolution, and rather authorized the Executive Director of
CCUA to establish from time to time applicable local limits for CCUA,subject to FDEP
review and approval; and
WHEREAS, on July 17, 2012, the Authority adopted Resolution No.
2011/201206, amended and restating prior Resolution No. 2003/2004-07 in its entirety,
to address then current updates to Chapter 62-625, Florida Administrative Code
("F.A.C."),at that time, as a result of the federal Pretreatment Streamlining Rule passed
by EPA, which revised several provisions of 40 CFR Part 403; and
WHEREAS, recent changes to 40 CFR Part 441, also known as the Dental
Amalgam Rule,and 40 CFR s.266.505,the pharmaceutical hazardous waste sewer ban,
require further changes to prior Resolution No. 2011/2012-06, to establish legal
authority for implementation and enforcement of those changes to the CFRs,as adopted
by reference in Chapter 62-625, F.A.C.; and
WHEREAS, in order to be compliant with EPA, the Authority finds that it is in
its best interest, and in the best interest of its ratepayers, to adopt this resolution
amending and restating Resolution No. 2011/2012-06, in its entirety.
WHEREAS, pursuant to the recent addition of Florida Statute 403.0741, also
known as "Grease Waste Removal and Disposal",the Authority has identified the need
to more closely regulate the installation, operation, maintenance, repair and
replacement of fats, oils and grease interceptors at facilities generating and otherwise
able to discharge oil, grease or sand into the Publicly Owned Treatment Works, as
defined below; and
WHEREAS,the enhanced regulation will better protect the public health, safety
and welfare and ensure compliance with all federal, state and local statutes, ordinances,
rules and regulations.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE CLAY COUNTY UTILITY AUTHORITY, an independent
special district created and existing under Chapter 94-491, Laws of Florida, Special
Acts of 1994, as follow
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SECTION 1 - GENERAL PROVISIONS
1.1 Purpose and Policy
This resolution sets forth uniform requirements for users of the Publicly Owned
Treatment Works ("POTW") for the Authority and enables the Authority to
comply with all applicable state and federal laws,including the Clean Water Act
(33 U.S.C. s. 1251 et seq.) and the General Pretreatment Regulations (40 CFR
Part 403). The objectives of this resolution are:
A. To prevent the introduction of pollutants into the POTW that will
interfere with its operation;
B. To prevent the introduction of pollutants into the POTW that will pass
through the POTW, inadequately treated, into receiving waters, or
otherwise be incompatible with the POTW;
C. To protect both POTW personnel 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 POTW;
E. To provide for fees for the equitable distribution of the cost of operation,
maintenance, and improvement of the POTW; and
F. To enable the Authority to comply with its National Pollutant Discharge
Elimination System ("NPDES") permit conditions, sludge use and
disposal requirements, and any other federal or state laws to which the
POTW is subject.
This resolution shall apply to all users of the POTW. The resolution 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.
1.2 Administration
Except as otherwise provided herein, the Executive Director of CCUA shall
administer, implement, and enforce the provisions of this resolution. Any
powers granted to or duties imposed upon the Executive Director may be
delegated by the Executive Director to other CCUA personnel.
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II
1.3 Abbreviations
The following abbreviations, when used in this resolution, shall have the
designated meanings:
• BOD Biochemical Oxygen Demand
• CFR Code of Federal Regulations
• COD Chemical Oxygen Demand
• EPA Environmental Protection Agency
• FOG Fats, Oils, and Grease
• gpd gallons per day
• mg/1 milligrams per liter
• NPDES National Pollutant Discharge Elimination System
• WWF Publicly Owned Treatment Works
• RCRA Resource Conservation and Recovery Act
• SIC Standard Industrial Classification
• TSS Total Suspended Solids
• U.S.C. United States Code
• BMP Best Management Practices
1.4 Definitions
Unless a provision explicitly states otherwise, the following terms and phrases,
to as used in this resolution, shall have the meanings hereinafter designated.
A. Act or "the Act." The Federal Water Pollution Control Act, also known
as the Clean Water Act, as amended, 33 U.S.C. s. 1251 et seq.
B. Approval Authority. The Florida Department of Environmental
Protection("FDEP").
C. Authorized Representative of the User.
(1) If the user is a corporation:
(a) The president,secretary,treasurer,or vice-president of the
corporation in charge of principal business function, or
any other person who performs similar policy or decision-
making functions for the corporation; or
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(b) 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.
(2) If the user is a partnership or sole proprietorship: a general partner
or proprietor, respectively.
(3) 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.
(4) The individuals described in paragraphs (1) through (3), 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 user and the
written authorization is submitted to the Authority.
D. Best Management Practices. or BMPs means schedules of activities,
prohibitions of practices, maintenance procedures, and other
management practices to implement the prohibitions listed in Section 2.1
A. and B. [40 CFR s. 403.5(a)(1) and (b)]. BMPs include treatment
requirements, operating procedures, and practices to control plant site
runoff, spillage or leaks, sludge or waste disposal, or drainage from raw
materials storage.
E. Biochemical Oxygen Demand or BOD. The quantity of oxygen utilized
in the biochemical oxidation of organic matter under standard laboratory
procedures for five (5) days at 20° centigrade, usually expressed as a
concentration (e.g., mg/1).
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F. Categorical Pretreatment Standard or Categorical Standard. Any
regulation containing pollutant discharge limits or BMPs promulgated
by EPA in accordance with Sections 307(b)and(c)of the Act(33 U.S.C.
s. 13 17)which apply to a specific category of users and which appear in
40 CFR Chapter 1, Subchapter N, Parts 405-471.
G. CCUA or Authority. The Clay County Utility Authority.
H. 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.
I. Executive Director. The Chief Executive Officer of the Authority, and
the person designated by CCUA to supervise the operation of the WWF,
who is charged with certain duties and responsibilities by this resolution,
or a duly authorized representative of the Authority.
J. 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.
K. Grab Sample. A sample which is taken from a waste stream without
regard to the flow in the waste stream and over a period of time not to
exceed fifteen(15) minutes.
L. Indirect Discharge or Discharge. The introduction of pollutants into the
WWF from any nondomestic source regulated under Section 307(b), (c),
or(d) of the Act.
M. 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.
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N. Interference.A discharge,which alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the WWF, its
treatment processes or operations or its sludge processes,use or disposal;
and therefore, is a cause of violation of CCUA's NPDES permit or of the
prevention of sewage sludge use disposal in compliance with any of the
following statutory/regulatory provisions permits issued thereunder, or
any more stringent state or local regulations: Section 405 of the Act; the
Solid Waste Disposal Act, including Title Il commonly referred to as the
Resource Conservation and Recovery Act ("RCRA"); any state
regulations contained in any state sludge management plan prepared
pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air
Act; the Toxic Substances Control Act; and the Marine Protection,
Research, and Sanctuaries Act.
O. Local Limit. Specific discharge limits developed and enforced by
CCUA upon industrial or commercial facilities to implement the general
and specific discharge prohibitions listed in 40 CFR s. 403.5(a)(1) and
(b).
P. Medical Waste. Isolation wastes, infectious agents, human blood and
blood products, pathological wastes, sharps, body parts, contaminated
to bedding, surgical wastes, potentially contaminated laboratory wastes,
and dialysis wastes.
Q. New Source.
(1) 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:
(a) The building, structure, facility, or installation is
constructed at a site at which no other source is located; or
(b) The building, structure, facility, or installation totally
replaces the process or production equipment that causes
the discharge of pollutants at an existing source; or
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(c) 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 event
to which the new facility is engaged in the same general
type of activity as the existing source, should be
considered.
(2) Construction on a site at which an existing source is located
results in a modification rather than a new source if the
construction does not create a new building, structure, facility, or
installation meeting the criteria of subsections (1)(b) or(c) above,
but otherwise alters, replaces, or adds to existing process or
production equipment.
(3) Construction of a new source as defined under this paragraph has
commenced if the owner or operator has:
(a) Begun, or caused to begin, as part of a continuous onsite
construction program:
(i) any placement, assembly, or installation of
facilities or equipment; or
(ii) significant site preparation work including
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
(b) 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 contractual obligation under this paragraph.
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R. Noncontact Cooling Water. Water used for cooling which does not come
into direct contact with any raw materials, intermediate product, waste
product, or finished product.
S. Pass Through. A discharge which exits the WWF into waters of the
United States in quantities or concentrations which, alone or in
conjunction with a discharge or discharges from other sources, is a cause
of a violation of any requirement of CCUA's permit including an increase
in the magnitude or duration of a violation.
T. Person. Any individual, partnership, co-partnership, firm, company,
corporation,association,joint stock company,trust,estate,governmental
entity, or any other legal entity; or their legal representatives, agents, or
assigns.This definition includes all federal,state,and local governmental
entities.
U. A measure of the acidity or alkalinity of a solution, expressed in
standard units.
V. Pollutant. Dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, sewage sludge, munitions, medical wastes,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand, cellar dirt, municipal,
agricultural, and industrial wastes, and certain characteristics of
wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD,
toxicity, or odor).
W. Pretreatment. The reduction of the amount of pollutants,the elimination
of pollutants, or the alteration of the nature of pollutant properties in
wastewater prior to, or in lieu of, introducing such pollutants into the
WWF. This reduction or alteration can be obtained by physical,
chemical, or biological processes; by process changes; or by other
means, except by diluting the concentration of the pollutants unless
allowed by an applicable pretreatment standard.
X. Pretreatment Requirements. Any substantive or procedural requirement
related to pretreatment imposed on a user, other than a pretreatment
standard.
Y. Pretreatment Standards or Standards. Pretreatment standards shall mean
prohibited discharge standards, categorical pretreatment standards, and
local limits.
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Z. Prohibited Discharge Standards or Prohibited Discharges. Absolute
prohibitions against the discharge of certain substances; these
prohibitions appear in Section 2.1 of this resolution.
AA. Septic Tank Waste. Any sewage from holding tanks such as vessels,
chemical toilets, campers, trailers, and septic tanks.
BB. Sewage. Human excrement and gray water (household showers,
dishwashing operations, etc.).
CC. Significant Industrial User("SIU").
(1) A user subject to categorical pretreatment standards; or
(2) A user that:
(a) Discharges an average of twenty-five thousand (25,000)
gpd or more of process wastewater to the WWF
(excluding sanitary, noncontact cooling, and boiler blow
down wastewater);
(b) Contributes a process waste stream which makes up five
(5) percent or more of the average dry weather hydraulic
or organic capacity of the WWF treatment plant; or
(c) Is designated as such by CCUA on the basis that it has a
reasonable potential for adversely affecting the WWF's
operation or for violating any pretreatment standard or
requirement.
(3) Upon a finding that a user meeting the criteria in subsection (2)
above has no reasonable potential for adversely affecting the
WWF's operation or for violating any pretreatment standard or
requirement, CCUA may at any time, on its own initiative or in
response to a petition received from a user, and in accordance
with procedures in Chapter 62-625, F.A.C., determine that such
user should not be considered a significant industrial user.
DD. Significant Noncompliance. An industrial user is in "significant
noncompliance" if its violation meets one or more of the criteria outlined
in Rule 62-625.500(2)(b)(8), F.A.C.
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EE. Slug load or slug. Any discharge at a flow rate or concentration which
could cause a violation of the prohibited discharge standards in Section
2. I of this resolution.
FF. Standard Industrial Classification ("SIC") Code. A classification
pursuant to the Standard Industrial Classification Manual issued by the
United States Office of Management and Budget.
GG. Storm Water. Any flow occurring during or following any form of
natural precipitation and resulting from such precipitation.
HH. Suspended Solids. The total suspended matter that floats on the surface
of, or is suspended in, water, wastewater, or other liquid, and which is
removable by laboratory filtering.
II. User or Industrial User. A source of indirect discharge.
JJ. Wastewater.Liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and
manufacturing facilities, and institutions, whether treated or untreated,
which are contributed to the WWF.
KK. Wastewater Treatment Plant or Treatment Plant. That portion of the
WWF which is designed to provide treatment of municipal sewage and
industrial waste.
LL. Wastewater Facility. or"the WWE"A"treatment works," as defined by
Section 212 of the Act(33 U.S.C. 1292)which is owned by CCUA. This
definition includes any devices or systems used in the collection,storage,
treatment,recycling, and reclamation of sewage or industrial wastes of a
liquid nature and any conveyances which convey wastewater to a
treatment plant.
SECTION 2 - GENERAL SEWER USE REQUIREMENTS
2.1 Prohibited Discharge Standards
A. General Prohibitions. No user shall introduce or cause to be introduced
into the WWF any pollutant or wastewater which causes pass through or
interference. These general prohibitions apply to all users of the WWF,
whether or not they are subject to categorical pretreatment standards or
any other national, state,or local pretreatment standards or requirements.
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B. Specific Prohibitions. NO user shall introduce or cause to be introduced
into the WWF the following pollutants, substances, or wastewater:
(1) Pollutants which create a fire or explosive hazard in the WWF,
including, but not limited to, waste streams with closed-up
flashpoint of less than 140°F (60°C) using the test methods
specified in Chapter 62-625, F.A.C.;
(2) Wastewater having pH less than 5.0 or more than 12.5, or
otherwise causing corrosive structural damage to the WWF or
equipment;
(3) Solid or viscous substances in amounts which will cause
obstruction of the flow in the WWF resulting in interference;
(4) Pollutants, including oxygen-demanding pollutants (BOD, etc.),
released in a discharge at a flow rate and/or pollutant
concentration which, either singly or by interaction with other
pollutants, will cause interference with the WWF;
(5) Wastewater having a temperature which will inhibit biological
activity in the treatment plant resulting in interference, or which
causes the temperature in the wastewater at the introduction into
the treatment plant to exceed 104°F (40°C);
(6) Petroleum oil, non-biodegradable cutting oil, or products of
mineral oil origin, in amounts that will cause interference or pass
through;
(7) Pollutants which result in the presence of toxic gases, vapors, or
fumes within the WWF in a quantity that may cause acute worker
health and safety problems;
(8) Trucked or hauled pollutants, except at discharge points
designated by the Authority in accordance with Section 3.4 of
this resolution;
(9) Noxious or malodorous liquids,gases,solids,or other wastewater
which, either singly or by interaction with other wastes, are
sufficient to create a public nuisance or a hazard to life, or to
prevent entry into the sewers for maintenance or repair;
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(10) Wastewater which imparts color which cannot be removed by the
treatment process, such as, but not limited to, dye wastes and
vegetable tanning solutions,which consequently imparts color to
the treatment plant's effluent, thereby violating a CCUA NPDES
permit;
(11) Wastewater containing any radioactive wastes or isotopes except
in compliance with applicable state or federal regulations;
(12) Storm water, surface water, ground water, artesian well water,
roof runoff, subsurface drainage, swimming pool drainage,
condensate, deionized water, noncontact cooling water, and
unpolluted wastewater, unless specifically authorized by the
Authority;
(13) Sludges, screenings, or other residues from the pretreatment of
industrial wastes;
(14) Medical wastes, except as specifically authorized by the
Authority in a wastewater discharge permit;
(15) Wastewater causing, alone or in conjunction with other sources,
the treatment plant's effluent to fail a toxicity test;
(16) Detergents, surface-active agents, or other substances which may
cause excessive foaming in the WWF; and
(17) Fats, oils, or greases of animal or vegetable origin in
concentrations which interfere with the proper operation of the
collection/transmission system and/or the WWF.
Pollutants, substances, or wastewater prohibited by this section shall not be
processed or stored in such a manner that they could be discharged to the WWF.
2.2 Pharmaceutical Pollutants
A. Definitions. For the purposes of this section the following words and
phrases shall be as defined herein.
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(1) "Hazardous waste pharmaceutical" is a pharmaceutical that is a
solid waste, as defined in 40 CFR s. 261.2, and exhibits one or
more characteristics identified in 40 CFR Part 261 Subpart C or is
listed in 40 CFR Part 261 Subpart D.
(2) "Healthcare facility" means any person that is lawfully
authorized to:
(a) Provide preventative, diagnostic, therapeutic,
rehabilitative, maintenance or palliative care, and
counseling, service, assessment, or procedure with
respect to the physical or mental condition, or functional
status, of a human or animal or that affects the structure
or function of the human or animal body; or
(b) Distribute, sell, or dispense pharmaceuticals. This
definition includes, but is not limited to, wholesale
distributors, third-party logistics providers that serve as
forward distributors, military medical logistics facilities,
hospitals, psychiatric hospitals, ambulatory surgical
centers, health clinics,physicians' offices, optical and
to dental providers, chiropractors, long-term care facilities,
ambulance services,pharmacies, long-term care
pharmacies, mail-order pharmacies, retailers of
pharmaceuticals, veterinary clinics, and veterinary
hospitals.
Healthcare facility does not include pharmaceutical manufacturers.
(3) "Pharmaceutical" means any drug or dietary supplement for use
by humans or other animals; any electronic nicotine delivery
system (e.g., electronic cigarette or vaping pen); or any liquid
nicotine (e-liquid) packaged for retail sale for use in electronic
nicotine delivery systems (e.g., pre-filled cartridges or vials).
This definition includes, but is not limited to, dietary
supplements, as defined by the Federal Food, Drug and
Cosmetic Act; prescription drugs, as defined by 21 CFR s.
203.3(y); over-the-counter drugs; homeopathic drugs;
compounded drugs; investigational new drugs; pharmaceuticals
remaining in non-empty containers; personal protective
equipment contaminated with pharmaceuticals; and clean-up
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material from spills of pharmaceuticals.Pharmaceutical does not
include dental amalgam or sharps.
(4) "Reverse distributor" means any person that receives and
accumulates prescription pharmaceuticals that are potentially
creditable hazardous waste pharmaceuticals for the purpose of
facilitating or verifying manufacturer credit. Any person,
including forward distributors, third-party logistics providers,
and pharmaceutical manufacturers, that processes prescription
pharmaceuticals for the facilitation or verification of
manufacturer credit is considered a reverse distributor.
B. Specific Prohibitions.
(1)No User shall introduce or cause to be introduced into the POTW the
following pollutants, substances, or wastewater:
(a) Any hazardous waste pharmaceuticals from healthcare
facilities and reverse distributors.
2.3 National Categorical Pretreatment Standards
The categorical pretreatment standards found in Chapter 62-625, F.A.C. are
hereby incorporated.
A. Where a categorical pretreatment standard is expressed only in terms of
either the mass or the concentration of a pollutant in wastewater, the
Authority may impose equivalent concentration or mass limits in
accordance with Rule 62- 625.410(4)(c), (d), (e), and(j), F.A.C.
B. When wastewater subject to a categorical pretreatment standard is mixed
with wastewater not regulated by the same standard, the Authority may
impose an alternate limit using the combined waste stream formula in
Rule 62-625.410(6), F.A.C.
C. A user may obtain a variance from a categorical pretreatment standard if
the user can prove,pursuant to the procedural and substantive provisions
in Rule 62-625.700(2)(a)F.A.C.,that factors relating to its discharge are
fundamentally different from the factors considered by EPA when
developing the categorical pretreatment standard.
D. A user may obtain a net gross adjustment to a categorical standard in
accordance with Rule 62-625.820, F.A.C.
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2.4 State Pretreatment Standards
State pretreatment standards located in Chapter 62-625, F.A.C., are hereby
incorporated into this resolution.
2.5 Local Limits
No person or user shall discharge wastewater containing pollutants in excess of
the local limits for those pollutants which have been established for CCUA's
WWFs using standard procedures, calculations, and methods acceptable to the
FDEP to protect against pass through, interference, protection of WWF
employees, and adverse effects on wastewater residuals disposal. No industrial
user shall discharge process streams,unregulated waste streams, or dilute waste
streams in excess of the concentrations set forth by the Authority. Local limits
shall be included as permit conditions and attached to each SIU wastewater
permit issued.
The established local limits are subject to change shall be modified as needed
on regulatory requirements and standards, WWF operation, performance and
processes, the industrial user base, potable water quality and domestic
wastewater characteristics. Modifications to the established local limits must be
reviewed and approved by FDEP prior to implementation. Implementation shall
be effective thirty(30)days from the notice of acceptance of the modified limits
to by FDEP. Permitted SIUs shall be issued an addendum to their wastewater
discharge permit containing the new local limits.
The established local limits apply at the point where the wastewater is
discharged to the WWF. All concentrations for metallic substances are for total
metal unless indicated otherwise. At his or her discretion, the Authority may
impose mass limits or BMPs in addition to or in place of the concentration-based
limitations.
A copy of the approved local limits is available upon request at the offices of
the Clay County Utility Authority, 3176 Old Jennings Road, Middleburg,
Florida 32068.
2.6 Requirements for dental facilities that remove or place amalgam
fillings
A. Definitions. For the purposes of this section the following words and
phrases shall be as defined herein.
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(1) "Amalgam separator" is a device that employs filtration,
settlement, centrifugation, or ion exchange to remove amalgam and its
metal constituents from a dental office vacuum system before it
discharges to the sewer.
(2) "Amalgam waste" means and includes non-contact amalgam
(amalgam scrap that has not been in contact with the patient); contact
amalgam(including, but not limited to, extracted teeth containing
amalgam); amalgam sludge captured by chairside traps, vacuum pump
filters screens, and other amalgam trapping devices; used amalgam
capsules; and leaking or unusable amalgam capsules.
(3) "ANSI/ADA Standard No. 108" is the American National
Standards Institute and American Dentistry association standard for
amalgam separators.
(4) "Existing Source" is any facility subject to this Section whose
first discharge to the sewer collection system occurred on or before
July 14, 2017.
(5) "ISO 1 1143" is the International Organization for
Standardization's standard for amalgam separators.
(6) "New Source" is any facility subject to this section whose first
discharge to the sewer system occurs after July 14, 2017 and must
comply immediately upon commencement of discharge.
B. All owners and operators of dental facilities that remove or place
amalgam fillings shall comply with the following reporting and waste
management practices:
(1) For existing sources,the One-Time Compliance Report is due no
later than October 12, 2020, or no later than 90 days after transfer of
ownership.
(2) For new sources, the One-Time Compliance Report is due
within 90 days of the start of discharge to the sewer collection system.
(3) No person or user shall rinse chairside traps,vacuum screens, or
amalgam separators equipment in a sink or other connection to the
sanitary sewer.
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(4) Owners and operators of dental facilities shall ensure that all
staff members who handle amalgam waste are trained in the proper
handling,management and disposal of mercury-containing material and
fixer-containing solutions and shall maintain training records that shall
be available for inspection by the superintendent or designee during
normal business hours.
(5) Amalgam waste shall be stored and managed in accordance with
the instructions of the recycler or hauler of such materials.
(6) Bleach and other chlorine-containing disinfectants shall not be
used to disinfect the vacuum line system.
(7) The use of bulk mercury is prohibited. Only pre-capsulated
dental amalgam is permitted.
C. All owners and operators of dental vacuum suction systems, except
as set forth in paragraphs D. and E. of this subsection, shall comply
with the following:
(1) An ISO 1 1143 or ANSUADA Standard No. 108 certified
amalgam separator or equivalent device shall be installed for each
dental vacuum suction system on or before July 14, 2020; provided,
however,that all dental facilities that are newly constructed on and after
the effective date of this ordinance shall include an installed ISO 1 1143
or ANSUADA Standard No. 108 certified amalgam separator device.
The installed device must be ISO 1 1143 or ANSI/ADA Standard No. 1
08 certified as capable of removing a minimum of 95 percent of
amalgam. The amalgam separator system shall be certified at flow rates
comparable to the flow rate of the actual vacuum suction system
operation. Neither the separator device nor the related plumbing shall
include an automatic flow bypass. For facilities that require an amalgam
separator that exceeds the practical capacity of ISO 1 1143 test
methodology, a non-certified separator will be accepted, provided that
smaller units from the same manufacturer and of the same technology
are ISO-certified.
(2) Proof of certification and installation records shall be submitted
to the superintendent within thirty (30) days of installation.
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(3) Amalgam separators shall be maintained in accordance with
manufacturer recommendations. Installation, certification, and
maintenance records shall be available for immediate inspection upon
request therefor by the superintendent or designee during normal
business hours. Records shall be maintained for a minimum of three(3)
years.
D. Facilities with vacuum suction systems that meet all the following
conditions may apply to the superintendent for an exemption to the
requirements of paragraph C. of this subsection:
(4) The system is a dry vacuum pump system with an air-water
separator.
(5) The sedimentation tank is non-bottom draining, with the drain
above the anticipated maximum level of accumulated sludge.
(6) Evidence of regular pump outs by a licensed hauler(a minimum
of once a year, or more often if either directed by the manufacturer or
necessary to keep solids from exiting through the drain) is maintained
and open to inspection by the superintendent during normal business
hours.
(7) The system has no direct discharge pipe to the sewer on the
bottom of the sedimentation tank.
An owner or operator whose facility meets conditions (1) through (4)
may apply for this exemption by written letter to the Executive
Director. The Executive Director will review the system and, if the
exemption is approved, shall provide a written letter of exemption on
behalf of the Authority.
An exemption obtained pursuant to this paragraph D. shall expire
upon installation of a new vacuum system. Upon expiration of the
exemption, the facility shall comply with paragraph C. of this
subsection before commencing further operation.
E. Dental dischargers that exclusively practice one or more of the
following specialties are not subject to the requirements of this
section: (1) Orthodontics; (2) Periodontics; (3) Oral and maxillofacial
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surgery; (4) Radiology; (5) Oral pathology or oral medicine; (6)
Endodontics; and Prosthodontics.
F. Dental practices that do not place dental amalgam, and do not remove
amalgam except in limited emergency or unplanned, unanticipated
circumstances, are exempt from the requirements of this part, provided
the dental practice:
(1) Submits the following statement to the Authority, signed by a
responsible corporate officer, general partner, proprietor, or a duly
authorized representative by the applicable compliance deadline
identified in paragraph B. of this subsection:
"This facility is a dental discharger subject to this rule and does not
place or remove dental amalgam except in limited emergency or
unplanned,unanticipated circumstances. I am a responsible corporate
officer, a general partner or proprietor(if the facility is a partnership or
sole proprietorship), or a duly authorized representative in accordance
with the requirements of s. 403.12(1) of the above named dental
facility, and 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
for submitting false information, including the possibility of fine and
imprisonment for knowing violations".;
(2) Removes dental amalgam for limited emergency or unplanned,
unanticipated circumstances, less than twelve (12) times per year and
as no more that 5% of dental procedures;
(3) The dental practice notifies the Authority of any changes
affecting the applicability of this certification; and
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(4) Dental dischargers that fail to comply with this section will be
considered SIUs, and will be subject to the requirements herein,
including the compliance monitoring, reporting requirements, and
enforcement remedies identified in Sections 3,4,5,and 10 respectively.
2.7 Authority Right of Revision
The Authority reserves the right to establish, by resolution or in wastewater
discharge permits, more stringent standards, or requirements on discharges to
the WWF.
2.8 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. The Authority may impose
mass limitations or BMPs 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.
SECTION 3 -PRETREATMENT OF WASTEWATER
to 3.1 Pretreatment Facilities
Users shall provide wastewater treatment as necessary to comply with this
resolution and shall achieve compliance with all categorical pretreatment
standards, BMP—based categorical pretreatment standards, local limits, and
the prohibitions set out in subsection 2.1 of this resolution within the time
limitations specified by EPA, the state, or the Authority whichever is more
stringent. Any 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 Authority for review and
shall be acceptable to the Authority 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 the CCUA under the provisions of this resolution.
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3.2 Additional Pretreatment Measures
A. Whenever deemed necessary,the Authority 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 waste streams from
industrial waste streams, and such other conditions as may be necessary
to protect the WWF and determine the user's compliance with the
requirements of this resolution.
B. The Authority may require any person discharging into the WWF 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 Authority, 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 the
Authority 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.
(1) Fats, oils, and grease best management practice policy. The
FOG BMP Policy approved by the Board of Supervisors, as
amended from time to time, is hereby adopted and incorporated
by reference as part of this section. Copies of the FOG BMP
Policy shall be available upon request.
(a) Cleaning and maintenance. Interceptors shall be cleaned,
maintained, and repaired in accordance with
requirements of the FOG BMP Policy solely by the user
and solely at the user's expense. Users shall maintain an
on-site record log of all cleaning and maintenance
activities for a minimum of three (3)years.
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(b) Inspections. The Authority shall conduct inspections on
all facilities with interceptors at a frequency based on the
size of the device. Inspections are conducted to ensure
compliance with the requirements of the FOG BMP
Policy and to ensure adherence to proper cleaning and
maintenance schedules as established by the FOG BMP
Policy.
3.3 Accidental Discharge/Slug Control Plans
At least once every two (2) years, the Authority shall evaluate whether each
significant industrial user needs an accidental discharge/slug control plan. New
significant industrial users must be evaluated within 1 year of being designated
a significant industrial user. The Authority may require any user to develop,
submit for approval, and implement such a plan. Alternatively, the Authority
may develop such a plan for any user.An accidental discharge/slug control plan
shall address, at a minimum, the following:
A. Description of discharge practices, including nonroutine batch
discharges;
B. Description of stored chemicals;
C. Procedures for immediately notifying the Authority of any accidental or
slug discharge, as required by Section 6.6 of this resolution; and
D. 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.
3.4 Hauled Wastewater
A. Septic tank waste may be introduced into the WWF only at locations
designated by the Authority, and at such times as are established by the
Authority. Such waste shall not violate Section 2 of this resolution or
any other requirements established by CCUA. The Authority may
require septic and waste haulers to obtain wastewater discharge permits.
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B. The Authority may require haulers of industrial waste to obtain
wastewater discharge permits. The Authority may require generators of
hauled industrial waste to obtain wastewater discharge permits. The
Authority also may prohibit the disposal of hauled industrial waste. The
discharge of hauled industrial waste is subject to all other requirements
of this resolution.
C. Industrial waste haulers may discharge loads only at locations
designated by the Authority. No load may be discharged without prior
consent of the Authority. CCUA may collect samples of each -hauled
load to ensure compliance with applicable standards.The Authority may
require the industrial waste hauler to provide a waste analysis of any
load prior to discharge.
D. Industrial waste haulers must provide a waste-tracking form for every
load. This form shall include, at a minimum,the name and address of the
-industrial waste hauler, permit number, truck identification, names and
addresses of sources of waste, and volume and characteristics of waste.
The form shall identify the type of industry, known or suspected waste
constituents, and whether any wastes are RCRA hazardous wastes.
SECTION 4 -WASTEWATER DISCHARGE PERMIT APPLICATION
4.1 Wastewater Analysis
When requested by the Authority, a user must submit information on the nature
and characteristics of its wastewater within thirty(30) days of the request. The
Authority is authorized to prepare a form for this purpose and may periodically
require users to update this information.
4.2 Wastewater Discharge Permit Requirement
A. No significant industrial user shall discharge wastewater into the WWF
without first obtaining a wastewater discharge permit from CCUA,
except that a significant industrial user that has filed a timely application
pursuant to subsection 4.3 of this resolution may continue to discharge
for the time period specified therein.
B. The Authority may require other users to obtain wastewater discharge
permits as necessary to carry out the purposes of this resolution.
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C. Any violation of the terms and conditions of a wastewater discharge
permit shall be deemed a violation of this resolution and subjects the
wastewater discharge permittee to the sanctions set out in Sections 10
through 12 of this resolution. Obtaining a wastewater discharge permit
does not relieve a permittee of its obligation to comply with all federal
and state pretreatment standards or requirements or with any other
requirements of federal, state, and local law.
4.3 Wastewater Discharge Permitting: Existing Connections
Any user required to obtain a wastewater discharge permit who was discharging
wastewater into the WWF prior to the effective date of this resolution and who
wishes to continue such discharges in the future, shall, within sixty (60) days
after notification by the Authority, apply to CCUA for a wastewater discharge
permit in accordance with subsection 4.5 of this resolution.
4.4 Wastewater Discharge Permitting: New Connections
Any user required to obtain a wastewater discharge permit who proposes to
begin or recommence discharging into the WWF must obtain such permit prior
to the beginning or recommencing of such discharge. An application for this
wastewater discharge permit, in accordance with subsection 4.5 of this
resolution, must be filed at least sixty (60) days prior to the date upon which
any discharge will begin or recommence.
4.5 Wastewater Discharge Permit Application Contents
All users required to obtain a wastewater discharge permit must submit a permit
application. The Authority may require all users to submit as part of an
application the following information:
A. All information required by subsection 6.1 B. of this resolution;
B. Description of activities, facilities, and plant processes on the premises,
including a list of all raw materials and chemicals used or stored at the
facility which are, or could accidentally or intentionally be, discharged
to the WWF;
B. Number and type of employees, hours of operation, and proposed or
actual hours of operation;
C. Each product produced by type, amount, process or processes, and rate
of production;
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D. Type and amount of raw materials processed(average and maximum
per day);
E. Site plans, floor plans, mechanical and plumbing plans, and details to
show all sewers,floor drains,and appurtenances by size,location,and
elevation, and all points of discharge;
F. Time and duration of discharges; and
G. Any other information as may be deemed necessary by the Authority to
evaluate the wastewater discharge permit application.
Incomplete or inaccurate applications will not be processed and will be returned
to the user for revision.
4.6 Application Signatories and Certification
All wastewater discharge permit applications and user reports must be signed
by an authorized representative of the user and contain the following
certification 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 for submitting false information, including the possibility of fine and
imprisonment for knowing violations."
4.7 Wastewater Discharge Permit Decisions
The Authority will evaluate the data furnished by the user and may require
additional information. Within sixty (60) days of receipt of a complete
wastewater discharge permit application, the Authority will determine whether
to issue a wastewater discharge permit. The Authority may deny any
application for a wastewater discharge permit.
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SECTION 5 -WASTEWATER DISCHARGE PERMIT ISSUANCE
PROCESS
5.1 Wastewater Discharge Permit Duration
A wastewater discharge permit shall be issued for a specific time period,not to
exceed five (5) years from the effective date of the permit. A wastewater
discharge permit may be issued for a period less than five (5) years, at the
discretion of the Authority. Each wastewater discharge permit will indicate a
specific date upon which it will expire.
5.2 Wastewater Discharge Permit Contents
A wastewater discharge permit shall include such conditions as are deemed
reasonably necessary by the Authority to prevent pass through or interference,
protect the quality of water body receiving the treatment plant's effluent,protect
worker health and safety, facilitate sludge management and disposal, and
protect against damage to the WWF.
A. Wastewater discharge permits must contain:
(1) A statement that indicates wastewater discharge permit duration,
which in no event shall exceed five (5)years;
(2) A statement that the wastewater discharge permit is
nontransferable without prior notification to CCUA in
accordance with subsection 5.5 of this resolution,and provisions
for furnishing the new owner or operator with a copy of the
existing wastewater discharge permit;
(3) Effluent limits based on applicable pretreatment standards;
(4) Self-monitoring, sampling, reporting, notification, and
recordkeeping requirements. These requirements shall include
an identification of pollutants to be monitored, sampling
location, sampling frequency, and sample type based on federal,
state, and local law;
(5) A statement of applicable civil and criminal penalties for
violation of pretreatment standards and requirements, and any
applicable compliance schedule. Such schedule may not extend
28
the time for compliance beyond that required by applicable
federal, state, and local law; and
(6) Requirements to control Slug discharges, if determined by the
FDEP as the control authority to be necessary.
B. Wastewater discharge permits may contain, but need not be limited to,
the following conditions:
(1) Limits on the average and/or maximum rate discharge, time of
discharge, and/or requirements for low regulation and
equalization;
(2) Requirements for the installation of pretreatment technology,
pollution control, or construction of appropriate containment
devices, designed to reduce, eliminate, or prevent the
introduction of pollutants into the treatment works;
(3) Requirements for the development and implementation of spill
control plans or other special conditions including management
practices necessary to adequately prevent accidental,
unanticipated, or nonroutine discharges;
(4) Development and implementation of waste minimization plans
to reduce the amount of pollutants discharged to the WWF;
(5) The unit charge or schedule of user charges and fees for the
management of the wastewater discharged to the WWF;
(6) Requirements for installation and maintenance of inspection and
sampling facilities and equipment;
(7) A statement that compliance with the wastewater discharge
permit does not relieve the permittee of responsibility for
compliance with all applicable federal and state pretreatment
standards, including those which become effective during the
term of the wastewater discharge permit; and
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(8) Other conditions as deemed appropriate by the Authority to
ensure compliance with this resolution, and state and federal
laws, rules, and regulations.
5.3 Wastewater Discharge Permit Appeals
The Authority may require public notice of the issuance of a wastewater
discharge permit at the expense of the permittee. Any person, including the
user, may petition the Authority 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 the Authority 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 any court of competent jurisdiction.
5.4 Wastewater Discharge Permit Modification
The Authority may modify a wastewater discharge permit at any time for good
cause, including, but not limited to, the following reasons:
A. To incorporate any new or revised federal, state, or local pretreatment
standards or requirements;
30
B. To address significant alterations or additions to the user's operation,
processes, or wastewater volume or character since the time of
wastewater discharge permit issuance;
C. A change in the WWF that requires either a temporary or permanent
reduction or elimination of the authorized discharge;
D. Information indicating that the permitted discharge poses a threat to a
CCUA WWF, CCUA personnel, or the receiving waters;
E. Violation of any terms or conditions of the wastewater discharge permit;
F. Misrepresentation or failure to fully disclose all relevant facts in the
wastewater discharge permit application or in any required reporting;
G. Revision of or a grant of variance from categorical pretreatment
standards pursuant to Chapter 62-625, F.A.C.;
H. To correct typographical or other errors in the wastewater discharge
permit; or
I. To reflect a transfer of the facility ownership or operation to a new
owner or operator.
5.5 Wastewater Discharge Permit Transfer
Wastewater discharge permits may be transferred to a new owner or operator
only if the permittee gives at least thirty (30) days advance notice to the
Authority and the Authority approves the wastewater discharge permit transfer.
The notice to the Authority must include a written certification by the new
owner or operator which:
A. States that the new owner and/or operator has no immediate intent to
change the facility's operations and processes;
B. Identifies the specific date on which the transfer is to occur; and
C. Acknowledges full responsibility for complying with the existing
wastewater discharge permit.
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Failure to provide advance notice of a transfer renders the wastewater discharge
permit void as of the date of facility transfer.
5.6 Wastewater Discharge Permit Revocation
The Authority may revoke a wastewater discharge permit for good cause,
including, but not limited to, the following reasons:
A. Failure to notify the Authority of significant changes to the wastewater
prior to the changed discharge;
B. Failure to provide prior notification to the Authority of changed
conditions pursuant to subsection 6.5 of this resolution;
C. Misrepresentation or failure to fully disclose all relevant facts in the
wastewater discharge permit application;
D. Falsifying self-monitoring reports;
E. Tampering with monitoring equipment;
F. Refusing to allow CCUA staff timely access to the facility premises and
records;
G. Failure to meet effluent limitations;
H. Failure to pay fines;
I. Failure to pay sewer charges;
J. Failure to meet compliance schedules;
K. Failure to complete a wastewater survey or the wastewater discharge
permit application;
L. Failure to provide advance notice of the transfer of business ownership
of a permitted facility; or
M. Violation of any pretreatment standard or requirement, or any terms of
the wastewater discharge permit or this resolution.
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Wastewater discharge permits shall be voidable upon cessation of operations or
transfer of business ownership. All wastewater discharge permits issued to a
user are void upon the issuance of a new wastewater discharge permit to that
user.
5.7 Wastewater Discharge Permit Reissuance
A user with an expiring wastewater discharge permit shall apply for wastewater
discharge permit issuance by submitting a complete permit application, in
accordance with subsection 4.5 of this resolution,a minimum of sixty(60)days
prior to the expiration of the user's existing wastewater discharge permit.
5.8 Regulation of Waste Received from Other Jurisdictions
A. If a municipality, or user located within a municipality, contributes
wastewater to the WWF, the Authority may enter into an interlocal
agreement with the contributing municipality.
B. Prior to entering into an agreement required by paragraph A.,above,the
Authority may request the following information from the contributing
municipality:
(1) A description of the quality and volume of wastewater
discharged to the WWF by the contributing municipality;
(2) An inventory of all users located within the contributing
municipality that are discharging to the WWF; and
(3) Such other information as the Authority may deem necessary.
C. An interlocal agreement, as required by paragraph A., above, may
contain the following conditions:
(1) A requirement for the contributing municipality to adopt a sewer
use resolution which is at least as stringent as this resolution and
local limits which are at least as stringent as those set out in
subsection 2.4 of this resolution. The requirement shall specify
that such resolution and limits must be revised as necessary to
reflect changes made to CCUA resolution or local limits;
33
(2) A requirement for the contributing municipality to submit a
revised user inventory on at least an annual basis;
(3) A provision specifying which pretreatment implementation
activities, including wastewater discharge permit issuance,
inspection and sampling, and enforcement,will be conducted by
the contributing municipality; which of these activities will be
conducted by CCUA; and which of these activities will be
conducted jointly by the contributing municipality and CCUA;
(4) A requirement for the contributing municipality to provide the
Authority with access to all information that the contributing
municipality obtains as part of its pretreatment activities;
(5) Limits on the nature, quality, and volume of the contributing
municipality's wastewater at the point where it discharges to the
WWF;
(6) Requirements for monitoring the contributing municipality's
discharge;
(7) A provision ensuring CCUA staff access to the facilities of users
located within the contributing municipality's jurisdictional
boundaries for the purpose of inspection, sampling, and any
other duties deemed necessary by the Authority; and
(8) A provision specifying remedies available for breach of the
terms of the interlocal agreement.
SECTION 6 -REPORTING REQUIREMENTS
6.1 Baseline Monitoring Reports
A. Within either one hundred eighty (180) days after the effective date
of a categorical pretreatment standard, or the final administrative
decision on a category determination under Chapter 62-625, F.A.C.,
whichever is later, existing categorical users currently discharging to
or scheduled to discharge to the WWF shall submit to the Authority
a report which contains the information listed in paragraph B.,below.
At least ninety (90) days prior to commencement of their discharge,
new sources, and sources that become categorical users subsequent
34
to the promulgation of an applicable categorical standard, shall
submit to the Authority a report which contains the information listed
in paragraph B., below. A new source shall report the method of
pretreatment it intends to use to meet applicable categorical
standards. A new source also shall give estimates of its anticipated
flow and quantity of pollutants to be discharged.
B. Users described above shall submit the information set forth below.
(1) Identifying Information. The name and address of the facility,
including to name of the operator and owner.
(2) Environmental Permits. A list of any environmental control
permits held by or for the facility.
(3) Description of Operations. A brief description of the nature, an
average rate of production,and standard industrial classifications
of the operation(s) carried out by such user. This description
should include a schematic process diagram which indicates
points of discharge to the WWF from the regulated processes.
(4) Flow Measurement. Information showing the measured average
daily and maximum daily flow, in gallons per day, to the WWF
from regulated process streams and other streams, as necessary,
to allow use of the combined waste stream formula set out in
Chapter 62-625, F.A.C.
(5) Measurement of Pollutant.
(a) The categorical pretreatment standards applicable to each
regulated process.
(b) The results of sampling and analysis identifying the
nature and concentration, and/or mass,where required by
the standard or by CCUA, of regulated pollutants in the
discharge from each regulated process. Instantaneous,
daily maximum, and long-term average concentrations,
or mass, where required, shall be reported. The sample
shall be representative of daily operations and shall be
35
analyzed in accordance with procedures set out in
subsection 6.10 of this resolution.
(c) Sampling must be performed in accordance with
procedures set out in subsection 1 of this resolution.
(6) Certification. A statement, reviewed by the user's authorized
representative and certified by a qualified professional,
indicating whether pretreatment standards are being met on a
consistent basis, and, if not, whether additional operation and
maintenance ("O&M") and/or additional pretreatment is
required to meet the pretreatment standards and requirements,
(7) Compliance Schedule. If additional pretreatment and/or O&M
will be required to meet the pretreatment standards, the shortest
schedule by which the user will provide such additional
pretreatment and/or O&M. The completion date in this schedule
shall not be later than the compliance date established for the
applicable pretreatment standard. A compliance schedule
pursuant to this section must meet the requirements set out in
subsection 6.2 of this resolution.
(8) Signature and Certification.All baseline monitoring reports must
be signed and certified in accordance with subsection 4.6 of this
resolution.
6.2 Compliance Schedule Progress Reports
The following conditions shall apply to the compliance schedule required by
subsection 6.1 B. (7) of this resolution:
A. 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);
B. No increment referred to above shall exceed nine (9)months;
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C. The user shall submit a progress report to the Authority no later than
fourteen(14)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
D. In no event shall more than nine (9) months elapse between such
progress reports to the Authority.
6.3 Reports on Compliance with Categorical Pretreatment Standard
Deadline
Within ninety(90)days following the date for final compliance with applicable
categorical pretreatment standards, or in the case of a new source following
commencement of the introduction of wastewater into the WWF, any user
subject to such pretreatment standards and requirements shall submit to the
Authority a report containing the information described in subsections 6.1 B.
(4) through (6) of this resolution. For users subject to equivalent mass or
concentration limits established in accordance with the procedures in Chapter
62-625, F.A.C., this report shall contain a reasonable measure of the user's
long-term production rate. For all other users subject to categorical
pretreatment standards expressed in terms of allowable pollutant discharge per
unit of production(or other measure of operation), this report shall include the
user's actual production during the appropriate sampling period. All
compliance reports must be signed and certified in accordance with subsection
4.6 of this resolution.
6.4 Periodic Compliance Reports
A. All significant industrial users shall, at a frequency determined by the
Authority, but in no case less than twice per year (in June and
December), submit a report indicating the nature and concentration of
pollutants in the discharge which are limited by pretreatment standards
and the measured or estimated average and maximum daily flows for
the reporting period. In cases where the pretreatment standard requires
compliance with a BMP or pollution prevention alternative, the user
must submit documentation required by Authority or the pretreatment
standard necessary to determine the compliance status of the user. All
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periodic compliance reports must be signed and certified in accordance
with subsection 4.6 of this resolution.
B. All wastewater samples must be representative of the user's discharge.
Wastewater monitoring and flow measurement facilities shall be
properly operated, kept clean, and maintained by the user in good
working order at all times. The failure of a user to keep its monitoring
facility in good working order shall not be grounds for the user to claim
that sample results are unrepresentative of its discharge.
C. If a user subject to the reporting requirement in this section monitors
any pollutant more frequently than required by the Authority,using the
procedures prescribed in subsection 6.11 of this resolution, the results
of this monitoring shall be included in the report.
6.5 Reports of Changed Conditions
Each user must notify the Authority 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 thirty (30) days before the change.
A. The Authority 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
subsection 4.5 of this resolution.
B. The Authority may issue a wastewater discharge permit under
subsection 4.7 of this resolution or modify an existing wastewater
discharge permit under subsection 5.4 of this resolution in response to
changed conditions or anticipated changed conditions.
C. For purposes of this requirement, significant changes include, but are
not limited to, flow increases of twenty percent (20%) or greater, and
the discharge of any previously unreported pollutants.
6.6 Reports of Potential Problems
A. In the case of any discharge, including, but not limited to, accidental
discharges, discharges of nonroutine, episodic nature, a noncustomary
batch discharge, or a slug load, that may cause potential problems for
the WWF,the user shall immediately telephone and notify the Authority
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of the incident. This notification shall include the location of the
discharge, type of waste, concentration, and volume, if known, and
corrective actions taken by the user.
B. Within five (5) days following such discharge, the user shall, unless
waived by the Authority, submit a detailed written report describing the
cause(s) 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 WWF, natural resources, or any
other damage to person or property; nor shall such notification relieve
the user of any fines,penalties, or other liability which may be imposed
pursuant to this resolution.
C. A notice shall be permanently posted on the user's bulletin board or other
prominent place advising employees who to call in the event of a
discharge described in paragraph A., above. Employers shall ensure that
all employees, who may cause such a discharge to occur, are advised of
the emergency notification procedure.
D. SIUs are required to notify the Authority immediately of any changes
to
at its facility affecting the potential for a Slug discharge.
6.7 Reports from Unpermitted Users
All users not required to obtain a wastewater discharge permit shall provide
appropriate reports to the Authority as the Authority may require.
6.8 Notice of Violation/Repeat Sampling and Reporting
If sampling performed by the user indicates a violation, the user must notify
the Authority within twenty-four (24) hours of becoming aware of the
violation. The user shall also repeat the sampling analysis and submit the
results of the repeat analysis to the Authority within thirty (30) days after
becoming aware of the violation. The user is not required to resample if CCUA
monitors at the user's facility at least once a month, or if CCUA samples
between the user's initial sampling and when the user receives the results of
this sampling. If sampling by CCUA indicates a violation, CCUA will repeat
the sampling within thirty (30) days after becoming aware of the violation.
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6.9 Notification of the Discharge of Hazardous Waste
A. Any user who commences the discharge of hazardous waste shall notify
the W WF, the EPA Regional Waste Management Division Director,
state hazardous waste authorities, and pretreatment authorities in
writing, of any discharge into the WWF of a substance which, if
otherwise disposed of, would be a hazardous waste under 40 CFR Part
261. Such notification must include the name of the hazardous waste as
set forth in 40 CFR Part 261,the EPA hazardous waste number, and the
type of discharge(continuous, batch, or other). If the user discharges
more than one hundred (100) kilograms of such waste per calendar
month to the WWF, the notification also shall contain the following
information to the extent such information is known and readily
available to the user: an identification of the hazardous constituents
contained in the wastes, an estimation of the mass and concentration of
such constituents in the waste stream discharged during that calendar
month,and an estimation of the mass of constituents in the,waste stream
expected to be discharged during the following twelve(12)months. All
notifications must take place no later than one hundred eighty (180)
days after the discharge commences. Any notification under this
paragraph need be submitted only once for each hazardous waste
discharged. However, notifications of changed conditions must be
submitted under subsection 6.5 of this resolution. The notification
requirement in this section does not apply to pollutants already reported
by users subject to categorical pretreatment standards under self-
monitoring requirements of subsections 6.1, 6.3, and 6.4 of this
resolution.
B. Dischargers are exempt from the requirements of paragraph A, above,
during a calendar month in which they discharge no more than fifteen
(15) kilograms of hazardous wastes, unless the wastes are acute
hazardous wastes as specified in 40 CFR ss. 261.30(d) and 261.33(e).
Discharge of more than fifteen (15) kilograms of nonacute hazardous
wastes in a calendar month,or of any quantity of acute hazardous wastes
as specified on 40 CFR ss. 261.30(d) and 261.33(e), requires a onetime
notification. Subsequent months during which the user discharges more
than such quantities of any hazardous waste do not require additional
notification.
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I
C. In the case of any new regulations under Section 3001 of RCRA
identifying additional characteristics of hazardous waste or listing any
additional substance as a hazardous waste, the user must notify the
Authority,the EPA Regional Waste Management Division Director,and
state hazardous waste authorities of the discharge of such substance
within ninety(90) days of the effective date of such regulations.
D. In the case of any notification made under this section, the user shall
certify that it has a program in place to reduce the volume and toxicity
of hazardous wastes generated to the degree it has determined to be
economically practical.
E. This provision does not create a right to discharge any substance not
otherwise permitted to be discharged by this resolution, a permit issued
thereunder, or any applicable federal or state law.
6.10 Analytical Requirements
All pollutant analyses, including sampling techniques, to be submitted as part
of a wastewater discharge permit application or report shall be performed in
accordance with the techniques prescribed in Chapter 62-160, F.A.C., 40 CFR
Part 136, and "The Department of Environmental Protection Standard
to Operating Procedures for Field Activities," DEP-SOP-OOI/OI, March 31,
2008, unless otherwise specified in an applicable categorical pretreatment
standard. If these regulations do not contain sampling or analytical techniques
for the pollutant in question, sampling and analysis must be performed in
accordance with procedures approved by EPA and FDEP.
6.11 Sample Collection
A. Except as indicated in paragraph B, below, the user must collect
wastewater samples using flow proportional composite collection
techniques. In the event flow proportional sampling is infeasible, the
Authority 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.
B. Samples of oil and grease, temperature, pH, cyanide, phenols, sulfides,
and volatile organic compounds must be obtained using grab collection
techniques.
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6.12 Timing
Written reports will be deemed to have been submitted on the date postmarked.
For reports which are not mailed, postage prepaid, into a mail facility serviced
by the United States Postal Service,the date of receipt of the report shall govern.
6.13 Record Keeping
Users subject to the reporting requirements of this resolution shall retain, and
make available for inspection and copying, all records of information obtained
pursuant to any monitoring activities required by this resolution, including
documentation associated with best management practices, and any additional
records of information obtained pursuant to monitoring activities undertaken by
the user independent of such requirements.Records shall include the date,exact
place, method, and time of sampling, and the name of the person(s) taking the
samples; the dates analyses were performed; who performed the analyses; the
analytical techniques or methods used; and the results of such analyses. These
records shall remain available for a period of at least three(3)years. This period
shall be automatically extended for the duration of any litigation concerning the
user or CCUA, or where the user has been specifically notified of a longer
retention period by the Authority.
SECTION 7- COMPLIANCE MONITORING
7.1 Right of Entry: Inspection and Sampling
The Authority shall have the right to enter the premises of any user to determine
whether the user is complying with all requirements of this resolution and any
wastewater discharge permit or order issued hereunder. Users shall allow the
Authority 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.
A. Where a user has security measures in force which require proper
identification and clearance before entry into its premises, the user shall
make necessary arrangements with its security guards so that, upon
presentation of suitable identification,the Authority will be permitted to
enter without delay for the purposes of performing specific
responsibilities.
B. The Authority shall have the right to set up on the user's property, or
require installation of, such devices as are necessary to conduct
sampling and/or metering of the user's operation.
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C. The Authority may require the user to install monitoring equipment as
necessary. The facility's sampling and monitoring equipment shall be
maintained at all times by the user in a safe and proper operating
condition, at the user's own expense. All devices used to measure
wastewater flow and quality shall be calibrated annually to ensure their
accuracy.
D. Any temporary or permanent obstruction to safe and easy access to the
facility to be inspected and/or sampled shall be promptly removed by
the user at the written or verbal request of the Authority and shall not be
replaced. The costs of clearing such access shall be borne by the user.
E. Unreasonable delays in allowing the Authority access to the user's
premises shall be a violation of this resolution.
7.2 Search Warrants
If the Authority 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 resolution, or that there is a need to inspect and/or
sample as a part of routine inspection and sampling program of CCUA designed
to verify compliance with this resolution or any permit or order issued
to hereunder, or to protect the overall public health, safety and welfare of the
community, the
Authority may seek issuance of a search warrant from the appropriate court of
competent jurisdiction.
SECTION 8 - CONFIDENTIAL INFORMATION
Information and data on a user obtained from reports, surveys, wastewater
discharge permit applications, wastewater discharge permits, and monitoring
programs, and from CCUA inspection and sampling activities, shall be
available to the public without restriction,unless the user specifically requests,
and is able to demonstrate to the satisfaction of the Authority, that the release
of such information would divulge information, processes, or methods of
production entitled to protection as trade secrets under applicable state law,and
is an exception to the Florida Public Records Act,Chapter 119,Florida Statutes.
Any such request must be asserted at the time of submission of the information
or data. When requested and demonstrated by the user furnishing a report that
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such information should be held confidential, the portions of a report which
might disclose trade secrets or secret processes shall not be made available for
inspection by the public but shall be made available immediately upon request
to governmental agencies for uses related to the NPDES program or
pretreatment program, and in enforcement proceedings involving the person
furnishing the report. Wastewater constituents and characteristics and other
"effluent data" as defined by Chapter 62-625, F.A.C. will not be recognized as
confidential information and will be available to the public without restriction.
SECTION 9 - PUBLICATION OF USERS IN SIGNIFICANT
NONCOMPLIANCE
The Authority shall publish annually, in the Clay Today or The Florida Times-
Union,or in any successor newspaper to either of them,a list of the users which,
during the previous twelve months, were in significant noncompliance with
applicable pretreatment standards and requirements. The term significant
noncompliance shall be as defined by Rule 62-625.500(2)(b), F.A.C. For the
purpose of this provision, an industrial user is in significant noncompliance if
its violation meets one or more of the following criteria:
A. Chronic violations of wastewater discharge limits defined here as those
in which sixty-six percent (66%) or more of the measurements taken
during a six (6)-month period exceed (by any magnitude), a numeric
pretreatment standard or requirement, including instantaneous limits;
B. Technical Review Criteria ("TRC") violations defined here as those in
which thirty-three (33%)percent or more of the measurements for each
pollutant parameter taken during a six(6)-month period equal or exceed
the product of the numeric pretreatment standard or requirement
including instantaneous limits, 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 standard or requirement (daily
maximum, long-term average, instantaneous limit, or narrative
standard) that the control authority determines has caused, alone or in
combination with other discharges, interference or pass through
44
(including endangering the health of WWF personnel or the general
public);
D. Any discharge that has resulted in the control authority's exercise of its
emergency authority under subsection 10.7 of this resolution, to halt or
prevent such a discharge;
E. Failure to meet, within ninety (90) days after the schedule date, a
compliance schedule milestone contained in a control mechanism or
enforcement order for starting construction, completing construction, or
attaining final compliance;
F. Failure to provide,within forty-five(45)days after the due date,required
reports such as baseline monitoring reports,ninety(90)-day compliance
reports, periodic self-monitoring reports, and reports on compliance
with compliance schedules;
G. Failure to accurately report noncompliance; and
H. Any other violation or group of violations, including a violation of best
management practices, which the control authority determines will
adversely affect the operation or implementation of the pretreatment
program, except when the FDEP is acting as the control authority.
SECTION 10 -ADMINISTRATIVE ENFORCEMENT REMEDIES
10.1 Notification of Violation
When the Authority finds that a user has violated, or continues to violate, any
provision of this resolution, a wastewater discharge permit or order issued
hereunder, or any other pretreatment standard requirement, the Authority may
serve upon that user a written Notice of Violation. Within 30 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 Authority. Submission of this plan in no way
relieves the user of liability for any violations occurring before or after receipt
of the Notice of Violation. Nothing in this section shall limit the authority of
the Authority to take any action, including emergency actions or any other
enforcement action, without first issuing a Notice of Violation.
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10.2 Consent Orders
The Authority 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 subsections 10.4 and 10.5 of this
resolution and shall be judicially enforceable.
10.3 Show Cause Hearing
The Authority may order a user which has violated, or continues to violate, any
provision of this resolution, a wastewater discharge permit or order issued
hereunder, or any other pretreatment standard or requirement, to appear before
the Authority 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 thilty (30) 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.
10.4 Compliance Orders
When the Authority finds that a user has violated, or continues to violate, any
provision of this resolution, a wastewater discharge permit or order issued
hereunder, or any other pretreatment standard or requirement, the Authority
may issue an order Lo 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 established for a 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.
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10.5 Cease and Desist Orders
When the Authority finds that a user has violated, or continues to violate, any
provision of this resolution, a wastewater discharge permit or order issued
hereunder, or any other pretreatment standard or requirement, or that the user's
past violations are likely to recur, the Authority 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.
10.6 Administrative Fines
A. When the Authority finds that a user has violated, or continues to
violate, any provision of this resolution, a wastewater discharge permit
or order issued hereunder, or any other pretreatment standard or
requirement, the Authority may fine such a user in an amount not to
exceed $1,000.00 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) calendar
days, be assessed an additional late charge of five percent (5%) of the
unpaid balance, and interest shall accrue on the unpaid balance from the
original due date thereof at the current annual rate of interest applicable
to the unpaid principal balance on "Financed System Development
Charges Amount" charged by the Authority under financed Developer
Agreements with the Authority for the then current fiscal year, as
adjusted annually on October 1 of each new fiscal year, in accordance
with the requirements of the Authority's then current Rate Resolution
and Service Availability Policy. A lien against the user's property is
hereby established for all unpaid charges, fines, penalties, and interest,
and recording fees, and may be documented by the Authority by the
filing of a Notice of Lien in the public records for the County in which
the service address of the user's property is located.
47
C. Users desiring to dispute such fines must file a written request for the
Authority to reconsider the fine along with full payment of the fine
amount within fourteen(14) days of being notified of the fine. Where a
request has merit, the Authority may convene a hearing on the matter.
In the event the user's appeal is successful, the payment, together with
any interest accruing thereto,shall be returned to the user.The Authority
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.
10.7 Emergency Suspensions
The Authority may immediately suspend a user's discharge, after informal
notice to the user, whenever such suspension is necessary to stop an actual or
threatened discharge which reasonably appears to present or cause an imminent
or substantial endangerment to the health or welfare of persons. The Authority
may also immediately suspend a user's discharge, after notice and opportunity
to respond,that threatens to interfere with the operation of the WWF, or which
presents, or may present, an endangerment to the environment.
A. Any user notified of a suspension of its discharge shall immediately stop
or eliminate its contribution. In the event of a user's failure to
immediately comply voluntarily with the suspension order, the
Authority may take such steps as deemed necessary, including
immediate severance of the sewer connection, to prevent or minimize
damage to the WWF, its receiving stream, or endangerment to any
individuals. The Authority may allow the user to recommence its
discharge when the user has demonstrated to the satisfaction of the
Authority that the period of endangerment has passed, unless the
termination proceedings in subsection 10.8 of this resolution are
initiated against the user.
B. A user that is responsible, in whole or in part, for any discharge
presenting imminent endangerment shall submit a detailed written
statement, describing the causes of the harmful contribution and the
measures taken to prevent any future occurrence, to the Authority prior
to the date of any show cause or termination hearing under subsection
10.3 or 10.8 of this resolution.
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Nothing in this section shall be interpreted as requiring a hearing prior
to any emergency suspension under this section.
10.8 Termination of Discharge
In addition to the provisions in subsection 5.6 of this resolution, any user who
violates the following conditions is subject to discharge termination:
A. Violation of wastewater discharge permit conditions;
B. Failure to accurately report the wastewater constituents and
characteristics of its discharge;
C. Failure to report significant changes in operations or wastewater
volume, constituents, and characteristics prior to discharge;
D. Refusal of reasonable access to the user's premises for the purpose of
inspection, monitoring, or sampling; or
E. Violation of the pretreatment standards in Section 2 of this resolution.
Such user will be notified of the proposed termination of its discharge and be
offered an opportunity to show cause under subsection 10.3 of this resolution
why the proposed action should not be taken. Exercise of this option by the
Authority shall not be a bar to, or a prerequisite for, taking any other action
against the user.
SECTION 11 -ENFORCEMENT REMEDIES
11.1 Injunctive Relief
When the Authority finds that a user has violated, or continues to violate, any
provision of this resolution, a wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement, the Authority
may petition any court of competent jurisdiction 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 resolution on activities of the user. The Authority 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.
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11.2 Civil Penalties
A. A user who has violated, or continues to violate, any provision of this
resolution, a wastewater discharge permit, or order issued hereunder, or
any other pretreatment standard or requirement shall be liable to the
Authority for a maximum civil penalty of$1 ,000 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 of the violation.
B. The Authority may recover reasonable attorney's fees, court costs, and
other expenses associated with enforcement activities, including
sampling and monitoring expenses, and the cost of any actual damages
incurred by CCUA.
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
to for, taking any other action against a user.
11.3 Criminal Prosecution
A. The Authority may seek criminal prosecution of any user who willfully
and maliciously injures or damages by any means, including without
limitation by a violation of any provision of this resolution, wastewater
discharge permit or order issued hereunder, or of any other pretreatment
standard or requirement of CCUA, any real or personal property
belonging to CCUA or to any other party.
B. The Authority may seek criminal prosecution of any user who
knowingly makes any false statements,representations, or certifications
under oath in any application, record, report, plan, or other
documentation filed, or required to be maintained, pursuant to this
resolution, wastewater discharge permit, or order issued hereunder, or
who falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required under this resolution.
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11.4 Water Supply and Sewer Severance
Whenever a user has violated or continues to violate a provision of this
resolution, a wastewater discharge permit, or order issued hereunder or any
other pretreatment standard or requirement, water service and/or sewer service
to the user may be severed. Service will be restored at the user's expense only
after satisfactorily demonstrating its ability to comply.
11.5 Remedies Nonexclusive
The remedies provided for in this resolution are not exclusive. The Authority
may take any, all, or any combination of these actions against a noncompliant
user. Enforcement or pretreatment violations will generally be in accordance
with CCUA enforcement response plans. However, the Authority may take
other action against any user when the circumstances warrant. Further, the
Authority is empowered to take more than one enforcement action against any
noncompliant user.
SECTION 12 -AFFIRMATIVE DEFENSES TO DISCHARGE
VIOLATIONS
12.1 Upset
A. For the purposes of this section, "upset" means an 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 has occurred, and the user can identify the cause(s) of
the upset;
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(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 the
Authority within twenty-four (24) hours of becoming aware of
the upset [if this 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.
D. In any enforcement proceeding, the user seeking to establish the
occurrence of an upset shall have the burden of proof.
E. 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.
F. 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.
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12.2 Prohibited Discharge Standards
A user shall have an affirmative defense to an enforcement action brought
against it for noncompliance with the general prohibitions in subsection 2.1 A.
of this resolution or the specific prohibitions in subsections 2.1 B. (3) through
(7) and(9)through(11) of this resolution 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 CCUA was
regularly in compliance with its NPDES permit, and in the case of
interference, was in compliance with applicable sludge use or disposal
requirements.
12.3 Bypass
A. For the purposes of this section,
(1) "Bypass" means the intentional diversion of waste stream from
any portion of a user's treatment facility.
(2) "Severe property damage" means substantial physical damage to
property 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 subsection.
C. (1) If a user knows in advance of the need for a bypass, it shall
submit prior notice to the Authority, at least ten(10)days before
the date of the bypass, if possible.
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(2) A user shall submit oral notice to the Authority 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 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. The Authority 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 the Authority 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 periods
of equipment downtime or preventive maintenance; and
(c) The user submitted notices as required under paragraph
C. of this subsection.
(2) The Authority may approve an additional bypass, after
considering its adverse effects, if the Authority determines that
it will meet the three conditions listed in paragraph D. (1)of this
subsection.
54
SECTION 13 -MISCELLANEOUS PROVISIONS
13.1 Pretreatment Charges and Fees
CCUA may adopt reasonable fees for reimbursement of costs of setting up and
operating CCUA'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 CCUA may deem necessary to carry out the requirements
contained herein. These fees relate solely to the matters covered by this
resolution and are separate from all other fees, fines, and penalties
chargeable by CCUA.
13.2 Severability
If any provision of this resolution is invalidated by any court of competent
jurisdiction, the remaining provisions shall not be affected and shall continue
in full force and effect.
55
SECTION 14 -EFFECTIVE DATE
This resolution shall be in full force and effect immediately upon its adoption
by the Board of Supervisors of CCUA.
DULY ADOPTED by the Board of Supervisors,Clay County Utility Authority,
on August 2, 2022.
BOARD OF SUPERVISORS
CLAY COUNTY UTILITY AUTHORITY
By:
Wendell D. Davis, Chairman
ATTEST:
By:
Janice Loudermilk, Secretary
Clay County Utility Authority
(Seal)
56
1.1 Purpose and Policy 4
1.2 Administration 4
1.3 Abbreviations 5
1.4 Definitions 5
SECTION 2 - GENERAL SEWER USE REQUIREMENTS 12
2.1 Prohibited Discharge Standards 12
2.2 Pharmaceutical Pollutants 14
2.3 National Categorical Pretreatment Standards 16
2.4 State Pretreatment Standards 17
2.5 Local Limits 17
2.6 Requirements for dental facilities that remove or place amalgam fillings
17
2.7 Authority Right of Revision 22
2.8 Dilution 22
SECTION 3 - PRETREATMENT OF WASTEWATER 22
to
3.1 Pretreatment Facilities 22
3.2 Additional Pretreatment Measures 23
3.3 Accidental Discharge/Slug Control Plans 24
3.4 Hauled Wastewater 24
4.1 Wastewater Analysis 25
4.2 Wastewater Discharge Permit Requirement 25
4.3 Wastewater Discharge Permitting: Existing Connections 26
4.4 Wastewater Discharge Permitting: New Connections 26
4.5 Wastewater Discharge Permit Application Contents 26
4.6 Application Signatories and Certification 27
4.7 Wastewater Discharge Permit Decisions 27
SECTION 5 - WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS
28
5.1 Wastewater Discharge Permit Duration 28
5.2 Wastewater Discharge Permit Contents 28
5.3 Wastewater Discharge Permit Appeals 30
5.4 Wastewater Discharge Permit Modification 30
5.5 Wastewater Discharge Permit Transfer 31
5.6 Wastewater Discharge Permit Revocation 32
5.7 Wastewater Discharge Permit Reissuance 33
5.8 Regulation of Waste Received from Other Jurisdictions 33
SECTION 6 -REPORTING REQUIREMENTS 34
6.1 Baseline Monitoring Reports 34
6.2 Compliance Schedule Progress Reports 36
6.3 Reports on Compliance with Categorical Pretreatment Standard Deadline
37
6.4 Periodic Compliance Reports 37
6.5 Reports of Changed Conditions 38
6.6 Reports of Potential Problems 38
6.7 Reports from Unpermitted Users 39
to
6.8 Notice of Violation/Repeat Sampling and Reporting 39
6.9 Notification of the Discharge of Hazardous Waste 40
6.10 Analytical Requirements 41
6.11 Sample Collection 41
6.12 Timing 42
6.13 Record Keeping 42
SECTION 7 - COMPLIANCE MONITORING 42
7.1 Right of Entry: Inspection and Sampling 42
7.2 Search Warrants 43
SECTION 8 - CONFIDENTIAL INFORMATION 43
SECTION 9 - PUBLICATION OF USERS IN SIGNIFICANT
NONCOMPLIANCE 44
SECTION 10 -ADMINISTRATIVE ENFORCEMENT REMEDIES 45
10.1 Notification of Violation 45
10.2 Consent Orders 46
10.3 Show Cause Hearing 46
10.4 Compliance Orders 46
10.5 Cease and Desist Orders 47
10.6 Administrative Fines 47
10.7 Emergency Suspensions 48
10.8 Termination of Discharge 49
SECTION 11 -ENFORCEMENT REMEDIES 49
11.1 Injunctive Relief 49
11.2 Civil Penalties 50
11.3 Criminal Prosecution 50
11.4 Water Supply and Sewer Severance 51
11.5 Remedies Nonexclusive 51
SECTION 12 - AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
51
12.1 Upset 51
to
12.2 Prohibited Discharge Standards 53
12.3 Bypass 53
SECTION 13 -MISCELLANEOUS PROVISIONS 55
13.1 Pretreatment Charges and Fees 55
13.2 Severability 55
SECTION 14 -EFFECTIVE DATE 56
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Contents
Introduction 3
Commercial users of concern 3
Policy 4
Discharge policy 4
Required Maintenance Practices 4
Grease Separation Devices (GSD) Maintenance 5
*A pumping frequency variance can be requested. Approval will be based on past cleaning records
and Interceptor/trap percentage levels from past inspections.All pumping frequency variance
requests shall be submitted to the pretreatment coordinator. 5
Sand, hair, and lint traps/screens 5
Kitchen Practices 5
Documentation 6
Approved Haulers 6
Conclusion 7
to
Page 2 of 7
Introduction
In accordance with Clay County Utility Authority (CCUA) Resolution NO. 2021/2022-05; comes the
development of the Clay County Utility Authority Fats Oils and Grease Best Management Practices (FOG
BMP) policy which is designed to reduce the amount of FOG discharged to the CCUA Publicly Owned
Treatment Works (POTW).
BMPs are routine procedures or practices for business owners and employees to manage food waste and
Fats, Oils and Grease (FOG) in an efficient manner. Establishments that implement BMPs may realize
financial benefit through a reduction in the frequency of required grease interceptor and grease trap
cleaning and maintenance. BMPs are designed to help facilities prevent pollution and comply with
environmental regulations.
As part of the Clean Water Act, the National Pretreatment Regulation (40 CFR 403) was established to
protect POTWs and the waterways to which they discharge. The Florida Department of Environmental
Protection (FDEP) has delegated this responsibility to CCUA. It is the responsibility of the CCUA Industrial
Pretreatment(IP) program to regulate non-residential discharges to the POTW.
Through this policy, food service establishments (FSEs) and designated commercial users are required to
follow the guidelines and operating procedures set forth in this document. If it is found that a user is not
utilizing BMPs, CCUA may apply remedies as necessary to help protect the CCUA sanitary sewer system,
the environment and public health.
to CCUA is providingan online program to helpall users in all things related to FOG. a fo bm com will
p gpp• g p•
allow the user to create best management practices that are customized to their individual needs. Any
facility designated as a user by CCUA Pretreatment program, is required to set up a profile and implement
the BMPs to protect the sewer collection system, wastewater treatment facilities, receiving waters and
ground water discharges.
Commercial users of concern
Commercial facilities that prepare and/or serve food or beverages for sale or consumption.These include,
but are not limited to restaurants, delis, bakeries, ice cream parlors, and cafés.
Automotive/Mechanical repair and maintenance facilities. Oils, cleaners, and other products used in this
industry can have a harmful impact on the process of POTWs.
Animal groomers, Barbers/Salons, Laundry facilities. Hair, sand, and lint are another important factor in
the FOG policy. Hair and lint can cause blockages in various parts of the collection system resulting in
costly repairs. Sand and debris can cause pipes and equipment to deteriorate quickly leading to high-cost
plumbing repairs.
Any other commercial user who is deemed a concern or may discharge products of concern into the
POTWs collection system.
Page 3 of 7
Policy
Nonresidential users that prepare, process, or serve food or food products and discharge to the POTW's
sewer system shall have an approved grease interceptor/trap.These include but are not limited to hotels,
hospitals, restaurants, shopping malls/centers, nursing homes, schools, grocery stores, bars, ice cream
parlors, and any facility found to produce FOG.
Nonresidential establishments that have the potential to discharge wastes containing petroleum-based
oil and grease, including but not limited to car washes, dealerships, and automotive/mechanical related
facilities, shall have an approved oil/water separator. Oil/water separators shall be sized on an individual
case-by-case basis using established design guidelines for each facility.
If CCUA finds multifamily dwellings to be contributing FOG in quantities sufficient to cause line stoppages
or malfunctions within the collection system, CCUA shall direct an authorized representative of the user
to cease discharging oil and grease to the POTW and/or shall be required to install a grease
trap/interceptor.The capacity of the trap/interceptor shall be determined on a case-by-case basis. Owner
shall install a control manhole or sample port for monitoring purposes, as approved by CCUA.
Discharge policy
CCUA, as the control authority, is required to regulate discharges from FSEs and other deemed users.The
CCUA Pretreatment program policy requires such establishments/users discharging to the sanitary sewer
system to implement the BMPs in this manual to reduce the amount of FOG entering the POTW. Discharge
standards are as follows:
to
• All users unless otherwise determined by CCUA, must have a properly sized and operating gravity
or hydromechanical grease separation device (GSD).
• All discharges must be in accordance with applicable state, local or federal rules and regulations.
• Sizing and design of all GSDs must meet the criteria set forth in this BMP policy, as well as the
current Florida Building Code -Plumbing, Chapter 10.
• Sizing and design must be approved by CCUA, county code and permitting.
• All drains bearing FOG must be plumbed to the GSD/Interceptor.
• All GSDs, oil interceptors, and/or hair, sand, and lint traps must be maintained on a basis
determined by CCUA's current Pretreatment program.
• Under sink grease traps will only be approved on a case-to-case basis and are not to be used when
a larger GSD/interceptor is needed.
• An outdoor in-ground grease trap/interceptor of proper size shall be required if any under sink
trap is found to be in violation of this policy more than three (3) times in a twelve (12) month
period.
• Grease traps/interceptors and oil/water separators shall achieve an effluent oil and grease
concentration of less than 100 mg/I (milligrams per liter).
Required Maintenance Practices
• To help prevent FOG from being introduced to the CCUA POTW system, GSDs must be inspected
and maintained on a regular basis.
• GSDs must be inspected during each pump out event to ensure proper functionality.
Page 4 of 7
• CCUA will conduct solids and grease percentage volume tests at random to ensure proper
scheduling of pump outs is performed.
• All GSD/interceptors will follow a 25% rule for maintenance frequency. The total depth of the
floating grease layer plus the settleable solids layer cannot exceed 25% of the total liquid depth
of the trap/interceptor.
Grease Separation Devices (GSD) Maintenance
GSD size Frequency Procedure
It is required that self-cleaning
0-49 gallons A frequency not to exceed with documentation is
15 days. * submitted through FOG BMP
portal. Professional services
are recommended.
A frequency not to exceed It is required that a
50 gallons to 749 gallons 45 days or more often if professional service be used
grease and solids levels to ensure proper disposal and
reach 25%of tank volume. * maintenance.
A frequency not to exceed It is required that a
750 gallons or greater 90 days or more often if professional service be used
grease and solids levels to ensure proper disposal and
reach 25%of tank volume. * maintenance.
*A pumping frequency variance can be requested.Approval will be based on past cleaning records
to and Interceptor/trap percentage levels from past inspections. All pumping frequency variance
requests shall be submitted to the pretreatment coordinator.
Sand, hair, and lint traps/screens
• All Laundromats and drycleaners are required to have lint traps/screens.
• All sand and hair screening devices will be required and monitored on a case-by-case basis
depending on amount of debris/grit generated by the business.
• All screens must be stainless steel.
Kitchen Practices
Owners should train kitchen staff and other employees about the harm of fats, oils, and grease being
discharged into the sewer system. CCUA recommends all employees complete the FOG BMP training and
competency review. Training tools are accessible from the facility Dashboard via app.fogbmp.com.
Additional BMPs in the kitchen are as follows:
• Post"No Grease" signs above sinks and dishwashing areas.
• Install drain screens at all drain locations.
• Test and determine when to change the oil in fryers.Test kits are recommended.
• Regularly skim and filter fryer oil.
Page 5of7
• Ensure outdoor grease and oil storage is covered from rain overflow and is stored away from
storm drains.
• Complete daily inspections of all grease storage containers.
• Empty recycled grease storage containers before reaching 85% capacity to avoid accidental
overflows.
• Do not use emulsifiers, grease cutters or other chemicals or detergents for FOG control in the
facility.
• Do not use grinders or garbage disposals. Food particles take up volume in the interceptor,which
results in an increased pump out frequency.
• Scrape or wipe excessive food waste from dishes, pots, and pans into waste containers.
• Wipe out pots, pans, bowls, and other dishware with paper towels ("dry" cleaning)
prior to "wet" cleaning.
• Use water less than 140°F in all sinks, most importantly,the pre-rinse sink before the dishwasher.
• Use absorbent pads/products to clean up spilled oil and grease. Immediately discard
pads/product in the trash to prevent introduction to any drains.
• Do not use rags/towels to clean up oil and grease. These items tend to be washed and rinsed,
which introduces concentrated amounts of oil and grease into the system.
• Routinely clean and maintain kitchen exhaust systems to prevent excess build up.
• Fryer oil (yellow grease) must not be disposed of through the sanitary sewer. Yellow grease has
re-use value and should be placed in a secured tank referred to as a used cooking oil (UCO)
bin/container. Contracting with a rendering service to haul the grease offsite for beneficial re-use
could be an option.
to All equipment wash-down areas must be in areas that allow the wash water to enter drains connected to
the grease separation device. When any drain cleaning activities are performed, including but not limited
to jetting and rodding, FOG will not be permitted to pass through any drainage system. All FOG shall be
collected and transported by an approved hauler and disposed of at an approved disposal facility.
Documentation
CCUA Industrial Pretreatment requires all records of trap/interceptor maintenance or pump outs be
maintained on site and available for CCUA inspection for a minimum of three (3)years.
Owner should ensure hauler leaves a copy of each pump out report and any other interceptor
maintenance records.
Approved Haulers
CCUA requires each FOG BMP user select a hauler/pump out company from the list of approved haulers
located in the FOG BMP portal (app.fogbmp.com). Approved haulers will ensure that traps/interceptors
are serviced at the proper frequency and all required paperwork is completed properly and submitted to
CCUA in a timely manner. CCUA's approved haulers are required to perform these duties for their
customers.
Page 6 of 7
Conclusion
Commercial establishments can have a significant impact on the environment. Using a properly sized and
functioning interceptor, FOG BMPs, and regular maintenance of interceptors/traps, Users can greatly
reduce the amount of fats, oils, and grease discharged to the sanitary sewer system.
By following the recommendations included herein, establishments will help reduce sanitary sewer
overflows and protect our community's health and environment,as well as reduce plumbing maintenance
costs associated with fats, oils, grease, hair, and other harmful debris.
Questions can be directed to
Clay County Utility Authority
3176 Old Jennings Road
Middleburg, Florida 32068
Nicholas Smith
Pretreatment Coordinator
(904) 213-2478 (904 )463-3126
Nsmith@clavutility.org
to
Page 7 of 7
oi co vN�`
rs•r
01110M—
lY A UTNO
APPROVED HAULER PROGRAM
The Approved Hauler Program (AHP) is for vendors that pump, haul, and properly dispose of
grease interceptor/trap waste for Food Service Establishments (FSEs). As a key participant in
CCUA's Fats, Oils, and Grease (FOG) program, haulers will be held to a set of standards to ensure
that interceptors/traps are adequately maintained, and disposal of their contents meet Florida
Department of Environmental Protection (FDEP) rules and regulations.
AHP Criteria:
• Submit list of facilities pumped out on a regular basis for data collection
• Perform a Pump out service under the observation of CCUA Pretreatment Coordinator to
show proper practices are being followed
• Submit service/pump out reports using the FOG BMP portal. http://app.fogbmp.com
to • Submit service manifests monthly through the FOG BMP portal.
• Follow all rules and regulations in Chapter 2022-95 Florida Statute 403.0741
• Pass audits of random grease interceptor inspections by CCUA to ensure proper practices
are continued
AHP Status:
• Participant— Hauler meets all program requirements
• Non-participant- Hauler does not meet all the program requirements
• Probation — Hauler under observation
o Participant inaccurately completes pump out reporting (recurring)
o Inspection indicates inadequate pump out (recurring)
• Suspended — Hauler removed from AHP list for a period of up to one (1) year
o Hauler continues to disregard program requirements during probationary period
Approved haulers will demonstrate both initially and continually that they are able to meet and
continue the above criteria.
Page 1 of 3
CCUA FOG program approved hauler program registration
Company Information:
Company Name
Street#Street Name
City State Zip
Mailing Address if Different Than Above
City State Zip
to Primary Contact Phone Number
Secondary Contact Phone Number
All grease waste removal and disposal practices must meet 2022-095 Fla. Statute 403.0741
Waste Disposal Locations:
Complete each disposal location used, complete the following:
Primary site name:
# Street City Zip
Secondary site name:
Page 2of3
# Street City Zip
I as an authorized
Print Name
representative (see note 1); request that
Print Name of Company
be added as a participant in the CCUA Approved Hauler Program. As a participant in this program
our company agrees to meet all the above listed criteria.
Note 1:An authorized representative is the company owner,facility manager,or has a letter of authorization signed
by either a facility manager or company owner.
Signature of Representative Date
to
Title of Representative
Questions can be directed to
Clay County Utility Authority
3176 Old Jennings Road
Middleburg, Florida 32068
Nicholas Smith
Pretreatment Coordinator
(904) 213-2478 (904)463-3126
Nsmith@clayutility.org Rev. date:
Page 3 of 3
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20221110er
1
2 An act relating to grease waste removal and disposal;
3 creating s . 403 . 0741, F. S . ; defining terms; requiring
4 grease waste haulers to dispose of grease waste at
5 disposal facilities; prohibiting grease waste haulers
6 from returning grease waste and graywater to grease
7 interceptors and traps and from disposing of grease
8 waste at locations other than disposal facilities;
9 requiring haulers to document grease waste removal and
10 disposal with service manifests; providing
11 requirements for the service manifests; requiring
12 inspecting entities to verify certain contracts and
to 13 service manifests; requiring the Department of
14 Environmental Protection to periodically inspect
15 service manifests; providing penalties; authorizing
16 local governments to regulate grease waste removal and
17 disposal; providing construction; authorizing certain
18 counties to opt out of specified requirements;
19 requiring the department to adopt rules; providing an
20 effective date .
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1 . Section 403 . 0741, Florida Statutes, is created
25 to read:
26 403 . 0741 Grease waste removal and disposal .-
27 (1) DEFINITIONS .—As used in this section, the term:
28 (a) "Disposal facility" means a permitted or certified
29 waste management facility that is authorized to receive grease
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30 waste .
31 (b) "Graywater" means kitchen sink wastewater.
32 (c) "Grease interceptor or grease trap" means a receptacle
33 through which wastewater containing fats, oils, or grease flows
34 before entering a drainage system and which is designed to trap
35 or intercept the fats, oils, or grease while allowing clear
36 water to escape . The term does not include receptacles designed
37 specifically for collecting used cooking oil or fats and bones .
38 (d) "Grease waste" means liquid or solid material composed
39 primarily of fatty substances, oils, and grease from animal or
40 vegetable sources which is retained in a grease interceptor or
41 grease trap.
to 42 (e) "Hauler" means a person who removes and disposes of
43 grease waste .
44 (f) "Originator" means a food service establishment that
45 processes, prepares, or serves food or beverages for consumption
46 by the public, including, but not limited to, restaurants,
47 commercial kitchens, cafeterias, hotels, school kitchens,
48 hospitals, prisons, correctional facilities, and care
49 institutions .
50 (g) "Service manifest" means an electronic or hard copy
51 recordkeeping system used for the collection and disposal of
52 grease waste pursuant to this section. The service manifest must
53 consist of an originator section, a hauler section, and a
54 disposal facility section and must contain, at a minimum, the
55 following information:
56 1 . The name, address, and telephone number of the
57 originator.
58 2 . The name, address, and telephone number of the hauler.
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59 3 . The name, address, and telephone number of the disposal
60 facility.
61 4 . The condition of the originator' s grease interceptor or
62 grease trap and verification that the grease interceptor or
63 grease trap was cleaned by the hauler and that graywater was not
64 returned to the grease interceptor or grease trap.
65 5 . The amount of grease waste removed from the originator' s
66 grease interceptor or grease trap.
67 6 . The amount of grease waste disposed of at the disposal
68 facility.
69 7 . The billing receipt or ticket number provided to the
70 hauler by the disposal facility.
to 71 (2) DISPOSAL OF GREASE WASTE .-
72 (a) A hauler who removes grease waste from a grease
73 interceptor or grease trap must dispose of the grease waste at a
74 disposal facility.
75 (b) A hauler may not :
76 1 . Return grease waste or graywater to a grease interceptor
77 or grease trap; or
78 2 . Dispose of grease waste in any location other than a
79 disposal facility.
80 (3) GREASE WASTE SERVICE MANIFEST .-
81 (a) A hauler must document the removal and disposal of
82 grease waste with a service manifest .
83 (b) Upon completion of grease waste removal during the
84 originator' s hours of operation, the originator and the hauler
85 must sign the service manifest, verifying that the information
86 contained in the service manifest is accurate . The hauler must
87 provide a copy of the signed service manifest to the originator.
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88 If the grease waste removal occurs when the originator is closed
89 or before or after the originator' s hours of operation, the
90 hauler must sign the service manifest, verifying that the
91 information contained in the service manifest is accurate, and
92 leave a signed copy of the service manifest on the premises in a
93 location designated by the originator or make the service
94 manifest available to the originator electronically.
95 (c) Upon completion of grease waste disposal, the disposal
96 facility operator and the hauler must sign the service manifest,
97 verifying that the information contained in the service manifest
98 is accurate .
99 (d) The hauler must provide the originator and the county
to 100 and municipality in which the originator is located with a copy
101 of the completed service manifest showing the signatures of the
102 originator if signed pursuant to paragraph (b) , the hauler, and
103 the disposal facility operator within 30 days after the date of
104 the disposal .
105 (e) A copy of the signed completed service manifest must be
106 retained onsite by the originator and the hauler for 1 year.
107 (4) COMPLIANCE INSPECTIONS .-
108 (a) An inspecting entity must verify that an originator has
109 a contract with a hauler for grease waste removal and that
110 grease waste removal and disposal are documented pursuant to
111 this section.
112 (b) The department shall periodically inspect the service
113 manifests retained by a hauler to ensure compliance with this
114 section.
115 (5) PENALTIES .-
116 (a) A hauler who violates this section is subject to the
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117 following penalties :
118 1 . For each failure to provide or retain a service
119 manifest, an administrative fine not to exceed $100 .
120 2 . For each failure to clean a grease interceptor or grease
121 trap, an administrative fine not to exceed $250 . The department
122 shall authorize an inspecting entity to impose this penalty as
123 part of a grease interceptor or grease trap inspection.
124 3 . For an unlawful disposal of grease waste, an
125 administrative fine of at least $2, 500 .
126 4 . For a second or subsequent unlawful disposal of grease
127 waste, an administrative fine of at least $5, 000 .
128 (b) For a violation of subparagraph (a) 3 . , the penalty must
to 129 include a license suspension of at least 30 days .
130 (c) For a second or subsequent violation of subparagraph
131 (a) 3 . , the penalty must include a license revocation of at least
132 12 months .
133 (6) REGULATION BY LOCAL GOVERNMENTS .-
134 (a) A local government may:
135 1 . Receive copies of service manifests from haulers .
136 2 . Receive reports of violations .
137 3 . Collect and retain fines for service manifest
138 violations .
139 4 . Impose license actions .
140 (b) This section does not prohibit a local government from
141 adopting or enforcing an ordinance or rule to regulate the
142 removal and disposal of grease waste which is stricter or more
143 extensive than this section.
144 (c) Fiscally constrained counties as described in s .
145 218 . 67 (1) and small counties as defined in s . 339 . 2818 (2) may
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146 opt out of the requirements of this section.
147 (7) RULES .—The department shall adopt rules to implement
148 this section.
149 Section 2 . This act shall take effect July 1, 2022 .
to
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