Okaloosa County BOCC — August 2, 2016 — proposed Water & Sewer Ordinance (tracked changes version) — reading text

Supply Severance Whenever a User has violated or continues to violate any provision of this ordinance, an individual wastewater discharge permit, a general permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, water service to the User may be severed. Service will recommence, at the User’s expense, only after the User has satisfactorily demonstrated its ability to comply. (6) Public Nuisances A violation of any provision of this ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the County. Any person(s) creating a public nuisance shall be subject to the provisions of the Okaloosa County Code of Ordinances governing such nuisances, including reimbursing the County for any costs incurred in removing, abating, or remedying said nuisance. (7) Informant Rewards The County may pay up to Five Hundred dollars ($500) for information leading to the discovery of non- compliance by a User. In the event that the information provided results in a civil penalty [or an administrative fine] levied against the User, the County may disburse up to one hundred percent 100% of the collected fine or penalty to the informant. However, a single reward payment may not exceed Five Hundred dollars ($500). (8) Contractor Listing Users which have not achieved compliance with applicable Pretreatment Standards and Requirements are not eligible to receive a contractual award for the sale of goods or services to the County. Existing contracts for the sale of goods or services to the County held by a User found to be in Significant Non-compliance with Pretreatment Standards or Requirements may be terminated at the discretion of the County. Sec. 24-275. - Affirmative defenses to discharge violations. (1) Upset a. For the purposes of this Section, upset means an exceptional incident in which there is unintentional and temporary non-compliance with categorical Pretreatment Standards because of factors beyond the reasonable control of the User. An upset does not include non-compliance 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 non-compliance with categorical Pretreatment Standards if the requirements of paragraph c, below, are met. c. A User who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: 1. An upset occurred and the User can identify the cause(s) of the upset; Page 58 of 118  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 Director within twenty-four (24) hours of becoming aware of the upset [if this information is provided orally, a written submission must be provided within five (5) days]: (a) A description of the indirect discharge and cause of non-compliance; (b) The period of non-compliance, including exact dates and times or, if not corrected, the anticipated time the non-compliance is expected to continue; and (c) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the non- compliance. (d) In any enforcement proceeding, the User seeking to establish the occurrence of an upset shall have the burden of proof. (e) Users shall have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for non-compliance 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. (2) Prohibited Discharge Standards a. User shall have an affirmative defense to an enforcement action brought against it for non-compliance with the general prohibitions in Section 24-233 of this ordinance or the specific prohibitions in Sections 24-234 of this ordinance if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause Pass Through or Interference and that either: b. 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 the County was regularly in compliance with its NPDES permit, and in the case of Interference, was in compliance with applicable sludge use or disposal requirements. (3) Bypass a. For the purposes of this Section, 1. Bypass means the intentional diversion of waste streams from any portion of a User’s treatment facility. 2. Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. Page 59 of 118  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 4 of this Section. c. Bypass Notifications 1. If a User knows in advance of the need for a bypass, it shall submit prior notice to the Director, at least ten (10) days before the date of the bypass, if possible. 2. A User shall submit oral notice to the Director of an unanticipated bypass that exceeds applicable Pretreatment Standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the User becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Director may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours. d. Bypass 1. Bypass is prohibited, and the County may take an enforcement action against a User for a bypass, unless 2. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; 3. 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 4. The User submitted notices as required under paragraph (c) of this section. 5. the Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed in paragraph (d)(1) of this Section. Secs.24-276. - 24-280. - Reserved. Page 60 of 118  DIVISION 8. - COMPLIANCE WITH REGULATORY REQUIREMENTS Sec. 24-281. - General. Sec. 24-282. - Federal Categorical Pretreatment Standards. Sec. 24-283. - Modification of Federal Categorical Pretreatment Standards. Sec. 24-284. - State requirements. Sec. 24-285. - Board's right of revision. Sec. 24-286. - Excessive discharge. Sec. 24-287. - Accidental discharges/slug discharge control plans. Sec. 24-288. - Written notice. Sec. 24-289. - Notice to employees. Secs. 24-290. - 24-300. - Reserved. Sec. 24-281. - General. The provisions of this article shall not be deemed as alleviating compliance with applicable state and federal regulations. Specific user charge and industrial cost recovery requirements, promulgated pursuant to public Law 92-500, shall be considered as a part of this article upon official adoption. All non-residential users will be required to comply with pretreatment standards as outlined in Title 40 of the Code of Federal Regulations, Part 403 and Chapter 62-625, FAC. The provisions of this section apply only to significant users, as defined in Section 24-102. Sec. 24-282. - Federal Categorical Pretreatment Standards. Upon the promulgation of the Federal Categorical Pretreatment Standards for a particular industrial subcategory, the Federal Standard, if more stringent than limitations imposed under this article for sources in that subcategory, shall immediately supersede the limitations imposed under this article. The Board shall notify all affected users of the applicable reporting requirements under 40 CFR, Section 403.12. Sec. 24-283. - Modification of Federal Categorical Pretreatment Standards. Where the Board's sewage treatment system achieves consistent removal of pollutants limited by Federal Pretreatment Standards, the Board may apply to the approval authority for modification of specific limits in the Federal Pretreatment Standards. "Consistent removal" shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the sewage treatment system to a less toxic or harmless state in the effluent which is achieved by the system 95 percent of the samples taken when measured according to the procedures set forth in Section 403.7(C) (2) of (Title 40 of the Code of Federal Regulations, Part 403) "General Pretreatment Regulations for Existing and New Sources of Pollution" promulgated pursuant to the CWA. The Board may then modify pollutant discharge limits in the Federal Pretreatment Standards if the requirements contained in 40 CFR Part 403, Section 403.7 are fulfilled and prior approval from the approval authority is obtained. Sec. 24-284. - State requirements. State requirements and limitations on discharges as provided in Chapter 62-625, FAC, shall apply in any case where they are more stringent than federal requirements and limitations of those in this article. Page 61 of 118 Sec. 24-285. - Board's right of revision. The Board reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the sewage treatment and disposal system if deemed necessary to comply with the objectives presented in prior sections of this article. Sec. 24-286. - Excessive discharge. No User shall ever increase the use of process