A special permit will be required for each Significant Industrial User, and all other Industrial Users identified as having other than domestic wastes or waste from sanitary conveniences at the discretion of the Utilities Director. The fixed life of a permit is set up to five years from date of issue, and a renewed waste discharge permit will have a fixed life of up to five years. These permits may involve the implementation of a formula for surcharge for wastes which exceed the sewage parameters for strength as set forth in Sections
26-162 through
26-165. Penalties, see Sec.
26-177 (a) Wastewater Analysis. When requested by the Director, a user must submit information on the nature and characteristics of its wastewater within sixty (60) days of the request. The Director is authorized to prepare a form for this purpose and may periodically require users to update this information.
(b) Wastewater Discharge Permit Requirement.
(1) No significant industrial user shall discharge wastewater into the WWF without first obtaining a wastewater discharge permit from the Director, except that a significant industrial user that has filed a timely application pursuant to section (c) of this section may continue to discharge for the time period specified therein.
(2) The Director may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter.
(3) Any violation of the terms and conditions of a waste water discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in Section
26-177. 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.
(c) Wastewater Discharge Permitting: Existing Connections. Any user required to obtain a wastewater discharge permit who was discharging waste water into the WWF prior to the effective date of this ordinance and who wishes to continue such discharges in the future, shall, within thirty (30) days after said date, apply to the Director for a wastewater discharge permit in accordance with Section
26-161, and shall not cause or allow discharges to the WWF to continue after thirty (30) days the effective date of this ordinance except in accordance with a wastewater discharge permit issued by the Director.
(d) 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 Section 26-161, must be filed at least ninety (90) days prior to the date upon which any discharge will begin or recommence. (e) Wastewater Discharge Permit Duration. A wastewater discharge permit shall be issued for a specified 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 Director. Each wastewater discharge permit will indicate a specific date upon which it will expire.
(f) Wastewater Discharge Permit Contents. A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Director to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect against damage to the WWF. Wastewater discharge permits must contain:
(1) A statement that indicates wastewater discharge permit duration, which in no event shall exceed (5) five years.
(2) A statement that the wastewater discharge permit is nontransferable without prior notification to the City of Boynton Beach in accordance with paragraph (h) of this section, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(3) Effluent limits, including best management practices, based on applicable pretreatment standards;
(4) Self-monitoring, sampling, reporting, notification, and record-keeping 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) 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;
(6) 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 the time for compliance beyond that required by applicable Federal, State, or local law.
(7) Requirements to control slug discharges, if determined by the City to be necessary.
Wastewater discharge permits may contain, but need not be limited to, the following conditions:
(8) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
(9) 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;
(10) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges;
(11) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the WWF;
(12) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the WWF;
(13) Requirements for installation and maintenance of inspection and sampling facilities and equipment;
(14) 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
(15) Other conditions as deemed appropriate by the Director to ensure compliance with the ordinance, and State and Federal laws, rules, and regulations.
(g) Wastewater discharge permit modification. The Director may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(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, process, or wastewater volume or character since the time of wastewater discharge permit issuance;
(3) A change in the WWF 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 City of Boynton Beach WWF, City personnel, or the receiving waters;
(5) Violation of any terms or conditions of the wastewater discharge permit;
(6) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
(7) Revisions of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;
(8) To correct typographical or others errors in the wastewater discharge permit; or
(9) To reflect a transfer of the facility ownership to a new owner or operator.
(h) 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 Director and the Director approves the wastewater discharge permit transfer. The notice to the Director must include a written certification by the new owner or operator which:
(1) States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;
(2) Identifies the specific dates on which the transfer is to occur; and
(3) Acknowledges full responsibility for complying with the existing wastewater discharge permit.
Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.
(i) Wastewater discharge permit reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 26-161, a minimum of thirty (30) days prior to the expiration of the user's existing wastewater discharge permit.
(j) Permit Revocation. The City may revoke an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(1) A failure to notify the Director of significant changes to the wastewater prior to the changed discharge;
(2) Failure to provide prior notification to the Director of changed conditions pursuant to Section
26-157(b);
(3) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
(4) Falsifying self-monitoring reports and certification statements;
(5) Tampering with monitoring equipment;
(6) Refusing to allow the Director, or authorized personnel, timely access to the facility premises and records;
(7) Failure to meet effluent limitations;
(8) Failure to pay fines;
(9) Failure to pay sewer charges;
(10) Failure to meet compliance schedules;
(11) Failure to complete a wastewater survey or the wastewater discharge permit application;
(12) Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
(13) Violation of any Pretreatment Standard or Requirement, or any terms of the wastewater discharge permit or this ordinance.
Individual wastewater discharge permits shall be voidable upon nonuse, cessation of operations or transfer of business ownership. All individual wastewater discharge permits issued to a User are void upon the issuance of a new individual wastewater discharge permit to that User.
(Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
