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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. 1 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 2 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 3 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. 4 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 5 (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). 6 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. I 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 8 (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. 9 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. io 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. 11 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. 12 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; 13 (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. 14 I (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 15 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. 16 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. 17 (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. 18 (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. 19 (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 20 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 21 (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. 22 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. 23 (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. 24 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. 25 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; 26 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. 27 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 29 (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. 31 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. 32 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; 36 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 37 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 38 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. 39 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. 40 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. 41 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. 42 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 43 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. 45 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. 46 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. 48 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. 49 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. 50 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; 51 (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. 52 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. 53 (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 OUNT, (A)' ,0.� \ , 1110 � ;:aly 1ITY AA0\-\04 ' 6 13- 8A-V ? OC'J i • t Practice p�\icy fo r Co�'�'erc`a\users 0 d Grease best M ana�e'�'e� Fats,0\\s,an Rev•Date ?age1a{7 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 ENROLLED 2022 Legislature CS for SB 1110 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 Page 1 of 6 CODING: Words strickcn are deletions; words underlined are additions . ENROLLED 2022 Legislature CS for SB 1110 20221110er 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. Page 2 of 6 CODING: Words strickcn are deletions; words underlined are additions . ENROLLED 2022 Legislature CS for SB 1110 20221110er 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. Page 3 of 6 CODING: Words stricken are deletions; words underlined are additions . ENROLLED 2022 Legislature CS for SB 1110 20221110er 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 Page 4 of 6 CODING: Words strickcn are deletions; words underlined are additions . ENROLLED 2022 Legislature CS for SB 1110 20221110er 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 Page 5 of 6 CODING: Words stricken are deletions; words underlined are additions . ENROLLED 2022 Legislature CS for SB 1110 20221110er 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 Page 6 of 6 CODING: Words stricken are deletions; words underlined are additions .