§ 90-128. Industrial wastewater discharge permit.
(a)
Application for discharge permit.
(1)
It is unlawful to discharge industrial waste without a wastewater discharge permit. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this article and shall subject the permittee to sanctions set out in sections 90-132 and 90-133. 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 or local law. The city may require other industrial users, including liquid waste haulers and non-discharging industrial users to obtain wastewater discharge permits as necessary to carry out the purposes of this article.
(2)
Except as expressly otherwise provided in this article, all prospective industrial users must submit to the city the application fee and information on the nature and characteristics of their wastewater by completing a wastewater discharge permit application/wastewater survey at least 180 days prior to the date upon which any discharge will begin. The city is authorized to prepare a form for this purpose and may periodically require industrial users to update the survey. Information to be provided with the survey may include description of the industrial activity, specifications of the constituents inherent to the processes and wastes, identification of the wastewater characteristics, plumbing diagrams, location of sampling points, number of employees and hours of operation, and any other information deemed necessary by the city to evaluate the permit application. Failure to complete this survey shall be reasonable grounds for terminating service to the user and shall be considered a violation of this article.
(3)
Within 90 days of receipt of a complete wastewater discharge permit application, the city will determine whether or not to issue a wastewater discharge permit. The city may deny any application for a wastewater discharge permit.
(4)
All users which discharge industrial waste into the WWF who have not been issued a wastewater discharge permit from the city prior to the effective date of the ordinance from which this article is derived or whose wastewater permit issued by the city has expired prior to the effective date of this article are granted temporary authority to continue to discharge subject to making application for a wastewater discharge permit or renewal thereof in accordance with this provision. Those users who wish to continue such discharges shall apply for a wastewater discharge permit or renewal as provided herein. No user shall cause or allow discharges to the WWF to continue except in accordance with a wastewater discharge permit issued by the city.
(5)
All wastewater discharge permits issued by the city prior to the effective date of the ordinance from which this article is derived that have not expired prior to the effective date of this article shall remain effective until expiration as indicated therein, subject to all provisions of this article, including, but not limited to, modification and/or revocation thereof. All renewals of all wastewater discharge permits issued by the city prior to the effective date of the ordinance from which this article is derived shall be subject to the all provisions of this article.
(b)
Application signatories and certification. All wastewater discharge permit applications and user reporting 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."
An authorized representative of the user shall be as defined in section 90-122.
(c)
Permit issuance process.
(1)
Wastewater discharge permits shall be expressly subject to all provisions of this article and all other applicable regulations. The cost of such permit shall be charged to the industrial user in accordance with the fee schedule as set forth in section 90-133.
(2)
Permit duration shall not exceed five years from the date of issuance and upon expiration of the permit, a renewal permit may be issued which shall be effective for an additional five years provided that the conditions of the existing permit have not changed and the appropriate renewal fees have been paid. The permit shall be displayed by the industrial user in a location at the permitted facility so as to be seen and read by the general public.
(3)
Wastewater discharge permits shall contain at a minimum, the following conditions:
a.
A statement that indicates the wastewater discharge permit duration;
b.
A statement of non-transferability;
c.
Pretreatment standards and effluent limits, including best management practices, applicable to the user based on applicable standards in federal, state, and local law;
d.
Self-monitoring, sampling, reporting, notification, and recordkeeping requirements;
e.
Process for seeking a waiver for a pollutant neither present nor expected to be present in the discharge in accordance with Rule 62-625.600(4)(b), F.A.C. or a specific waived pollutant in the case of an individual control mechanism;
f.
Statement of applicable civil, criminal, and administrative penalties for violation of pretreatment standards and requirements;
g.
Requirement to control slug discharges, if determined by the city to be necessary.
(4)
Wastewater discharge permits may contain the following additional conditions:
a.
The unit charge or schedule of user charges and fees for management of the wastewater to be discharged to the WWF;
b.
Limits on the instantaneous, daily, monthly average, and/or four-day maximum concentration, mass, or other measure of identified wastewater constituents and characteristics;
c.
Limits on the average and/or maximum rate and time of discharge and/or requirements for flow regulations and equalization;
d.
Requirements for installation and maintenance of inspection facilities, and flow metering and sampling equipment;
e.
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 WWF;
f.
Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or routine discharges;
g.
Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the WWF;
h.
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;
i.
Other conditions as deemed appropriate by the city to ensure compliance with this article, and federal and state laws, rules and regulations.
(5)
Compliance schedules. If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the user shall submit to the city for approval and incorporation in the permit the shortest schedule by which the user is to provide additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standards. The compliance schedule shall meet the requirements set out in subsection 90-129(b).
(d)
Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit may not be assigned, transferred or sold to a new owner or new user unless the permittee gives at least 90 days' advance written notice to the city and the city approves the wastewater discharge permit transfer. The notice to the city shall include a written certification by the new owner and/or user that:
(1)
States that the new owner and/or user has no intent to change the facility's operations or processes;
(2)
Identifies the specific date on which the transfer is to occur;
(3)
Acknowledges full responsibility for complying with the terms and conditions of the existing permit.
Failure to provide advance notice of a transfer renders the wastewater discharge permit subject to revocation pursuant to the provisions of this article.
(e)
Permit appeal.
(1)
The city shall provide public notice of the issuance of a wastewater discharge permit. Any person, including the user, may petition the city to reconsider the terms of a wastewater discharge permit within 15 days of its issuance. Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
(2)
In its petition, the appealing party must indicate the wastewater discharge provisions objected to, the reasons for the objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.
(3)
The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
(4)
If the city fails to act within 15 days, a request for reconsideration shall be deemed to be denied. Decisions by the city 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 action for purposes of judicial review.
(f)
Permit modification. Permits may be modified by the city for causes including, but not limited to the following:
(1)
To incorporate any new or revised federal, state, or local pretreatment standards or requirements;
(2)
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;
(3)
A change in the ECRWWTF that requires either a temporary or permanent reduction or elimination of the authorized discharge;
(4)
Information indicating that the permitted discharge poses a threat to the WWF, WWF personnel, or the receiving waters;
(5)
Violations of any terms or conditions of the wastewater discharge permit;
(6)
Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
(7)
Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13 and F.A.C. 62-625.700;
(8)
To correct typographical or other errors in the wastewater discharge permit;
(9)
To reflect a transfer of the facility ownership and/or operation to a new owner/operator;
(10)
Upon request of the permittee, provided such request does not create a violation of any applicable requirements, standards, laws, or rules and regulations.
Industrial user requests for permit modifications shall be made in writing to the city and include facts or reasons which support the request. When modifying a permit, the city shall allow a reasonable time frame for the user to comply with the new or changed conditions if the user cannot meet them at the time of the modification and if permitted by law. If the new or changed conditions are the result of new or changed pretreatment regulations, those regulations will stipulate the compliance period. The filing of a request by the permittee for a wastewater discharge permit modification does not stay any wastewater discharge permit condition and compliance with the permit conditions as required, unless modified.
(g)
Permit revocation. Wastewater discharge permits may be revoked for the following reasons:
(1)
Failure to notify the city of significant changes to the wastewater prior to the changed discharge.
(2)
Failure to provide prior notification to the city of changed condition pursuant to subsection 90-129(e).
(3)
Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application.
(4)
Falsifying self-monitoring reports.
(5)
Tampering with monitoring equipment.
(6)
Refusing to allow the city timely access to the facility premises and records.
(7)
Failure to meet effluent limitations.
(8)
Failure to pay penalties.
(9)
Failure to pay sewer charges.
(10)
Failure to meet compliance schedules.
(11)
Failure to provide advance notice of the transfer of a permitted facility.
(12)
Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this article.
(13)
Indication that the discharge presents a threat to the environment or threatens to interfere with the operation of the WWF.
Wastewater discharge permits shall be voidable upon nonuse, cessation of operations, or transfer of business ownership except in accordance with the provisions of this article. All wastewater discharge permits are void upon the issuance of a new wastewater discharge permit.
(h)
Appeal of permit revocation.
(1)
Authorization to discharge industrial waste into the WWF shall continue in effect unless or until rescinded by the city in writing. If the city revokes the authorization of any user to discharge wastes into the WWF, notification of such revocation shall be delivered to the user by certified mail or by hand delivery.
(2)
Any system user whose authorization to discharge has been revoked may appeal the decision to the ECRWWTFB. The appeal shall be sent in writing by certified mail, return receipt requested, to the city within 15 days of receipt of the city's notification to cease discharge.
(3)
The ECRWWTFB may affirm, reverse, or modify the order of the city and shall issue its decision in writing. The city's order to cease discharge of wastes into the WWF shall not become effective until the period for appeal has expired, or in the event that an appeal has been filed, until the appeal board has rendered a decision, unless the city has made a finding that continued discharge by the user into the WWF constitutes a clear and present danger to the operations of the WWF or to the health of the public, or to the environment. Any such finding shall be included in the city's notification to cease discharge, and in such event, the revocation of authorization to discharge wastes shall become effective immediately.
(i)
Permit renewal. All permittees must apply for a permit renewal a minimum of 90 days prior to the expiration of the existing permit. The reapplication for a permit shall consist of a written request for reissuance of the permit. The request shall state that the user is in compliance with all terms and conditions of the existing permit and this article and must be signed by an authorized representative of the user.
(j)
Special agreements. The city reserves the right to enter into special agreements with industrial users setting out special terms under which they may discharge to the WWF. In no case will a special agreement waive compliance with a categorical pretreatment standard or requirement.
(k)
Regulation of discharge from other jurisdictions. If another jurisdiction or municipality contributes all or a portion of its wastewater to the WWF, the city may require the jurisdiction or municipality to enter into a multijurisdictional agreement with the city. Prior to entering into a multijurisdictional agreement, the city may request the contributing jurisdiction provide the following information:
(1)
A description of the quality and volume of the wastewater at the point where it enters the WWF from the contributing jurisdiction.
(2)
An inventory of all industrial users within the contributing jurisdiction.
(3)
Such information as may be required by the city.
(l)
Multijurisdictional agreement. A multijurisdictional agreement as required in subsection (k) of this section, shall contain the following conditions:
(1)
A requirement for the contributing jurisdiction to adopt a sewer use ordinance which is at least as stringent as this article and local limits which are at least as stringent as those set out in section 90-126. The requirement shall specify that the sewer use ordinance and limits must be revised as necessary to reflect changes made to this article.
(2)
A requirement for the contributing jurisdiction to submit a revised industrial user inventory on at least an annual basis.
(3)
A requirement for the contributing jurisdiction to:
a.
Conduct pretreatment implementation activities including industrial user permit issuance, inspection and sampling and enforcement; or
b.
Authorize the city to take or conduct the activities on its behalf.
(4)
A requirement for the contributing jurisdiction to provide the city with access to all information that the contributing jurisdiction user or municipal user obtains as part of its pretreatment activities.
(5)
Limits on the nature, quality, and volume of the contributing jurisdiction wastewater at the point where it discharges to the WWF.
(6)
Requirements for monitoring the municipal discharge.
(7)
A provision ensuring the city access to the facilities of users located within the contributing jurisdiction's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the city.
(8)
A provision specifying remedies available for breach of the terms of the multi-jurisdictional agreement.
(Ord. No. 4414-12, § 1, 4-2-2012)