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

outside the cities who are, by contract or agreement with the cities, users of the cities POTW. Readiness to serve charge means a charge levied on a user of the water or sewage system which includes a user charge, a charge for capital reserve and debt service, other charges for current services, or all of these. Removal means a reduction in the amount of a pollutant in the WWF’s effluent or alteration of the nature of a pollutant during treatment at the WWF. The reduction or alteration can be obtained by physical, chemical or Page 15 of 118 biological means and may be the result of specifically designed WWF capabilities or may be incidental to the operation of the treatment system. Removal as used in this chapter shall not mean dilution of a pollutant in the WWF. Replacement means the expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment plant to maintain the capacity and performance for which such plants were designed and constructed. The term “operations and maintenance” ("O&M") includes replacement. Residential (domestic) user means any contributor to the sewage system whose lot, parcel or real estate or building is used for residential (domestic) dwelling purposes only. Responsible Corporate Officer means: (1) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or (2) The manager of one or more manufacturing, production, or operating facilities, provided, the manager; a. Is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations; b. Is authorized to initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; c. Can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; d. Has been assigned or delegated the authority to sign documents in accordance with corporate procedures. Sanitary sewer means a sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial facilities, and institutions together with minor quantities of ground, storm and surface waters that are not admitted intentionally. Septage means septic tank waste or waste from portable toilets (AKA “porta potties”). Septic tank means a subsurface impervious tank designed to temporarily retain sewage or similar waterborne wastes together by means of: (1) A sewer line constructed with solid pipe, with the joints sealed, connecting the impervious tank with a plumbing stub out; and (2) A subsurface system of trenches, piping and other materials constructed to drain the clarified discharge from the tank and distribute it underground to be absorbed or filtered. Septic Tank Waste means any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. Severe Property Damage means substantial physical damage to property, damage to an industrial user’s 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 16 of 118 Sewage means the spent water of a community. The equivalent term is "wastewater." Sewer means a pipe or conduit that carries sewage. Shall is mandatory; may is permissive. Significant Industrial User means, except as provided in paragraphs (3) and (4) below, the following: (1) Categorical Industrial Users; and (2) Any other industrial user that discharges an average of 25,000 gallons per day or more of process wastewater to the WWF (excluding domestic wastewater, noncontact cooling and boiler blowdown wastewater); contributes a process waste stream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the treatment plant; or is designated as such by the control authority on the basis that the industrial user has a reasonable potential for adversely affecting the WWF’s operation or for violating any pretreatment standard or requirement in accordance with paragraph 62- 625.500(2)(e), F.A.C. (3) The control authority (except where the Department is acting as the control authority) may determine that an industrial user subject to categorical pretreatment standards under Rule 62-625.410, F.A.C., including 40 CFR Chapter I, Subchapter N, Parts 405 through 471, is a non-significant categorical industrial user. (4) Upon a finding that an industrial user meeting the criteria in paragraph (2) above has no reasonable potential for adversely affecting the WWF’s operation or for violating any pretreatment standard or requirement, the control authority may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with paragraph 62-625.500(2)(e), F.A.C., determine that such industrial user is not a significant industrial user. Slug Discharge means any discharge of a non-routine, episodic nature, which has a reasonable potential to cause interference, pass through or in any other way violate the WWF’s regulations, local limits or permit conditions. Standard Industrial Classification (SIC) means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972. State means State of Florida. Storm drain sometimes termed storm sewer, it shall mean a drain or sewer for conveying surface water, groundwater, subsurface water, or unpolluted water from any source. Stormwater means any flow occurring during or following any form of natural precipitation and resulting there from. Suspended solids (SS) means total suspended solid matter that either floats on the surface of or is in suspension in water, sewage or other liquids, and that is removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater" and referred to as non-filterable residue. Toxic pollutant means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency (EPA) under the provision of CWA 307(1) or other Acts. Unpolluted water means water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sewers and wastewater treatment facilities provided. Page 17 of 118 Useful life means the estimated period during which a wastewater treatment works will be operated. User charge means that portion of the total water and sewage readiness to serve charge which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the water and sewage systems. User (customer) means any person or firm who contributes causes or permits the contribution of sewage into board's POTW. Wastewater (sewage) means the spent water of a community. From the standpoint of source, it may be a combination of the liquid and water carried sewage from residences, commercial buildings, industrial facilities and institutions together with any groundwater, surface water and stormwater that may be present. Wastewater treatment system means the devices and systems for the storage, treatment, recycling and reclamation of municipal sewage, domestic sewage or liquid industrial sewage. These include intercepting sewers, outfall sewers, sewage collection systems, pumps, power and other equipment and their appurtenances; extensions improvement, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment (including land for composting sludge, temporary storage of such compost and land used for the storage of treated sewage in land treatment systems before land application); or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal sewage or industrial sewage, including sewage in combined stormwater and sewer systems. Water meter means a water volume measuring and recording device, furnished and/or installed by the board or a user, and approved by the board. Waters of the state means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the State of Florida or any portion. Watercourse means shall mean a natural or artificial channel for the passage of water either continuously or intermittently. WWF means wastewater facility or a POTW Sec. 24-103. - Abbreviations. The following abbreviations shall have the designated meanings: ASTM - American Society Testing Materials Board - Board of Commissioners, Okaloosa County, Florida BOD - Biochemical Oxygen Demand CFR - Code of Federal Regulations COD - Chemical Oxygen Demand CWA - Clean Water Act EPA - Environmental Protection Agency FDEP - Florida Dept. Of Environmental Protection l - Liter mg - Milligrams mg/l - Milligrams per liter Page 18 of 118 NPDES - National Pollutant Discharge Elimination System OCWS - Okaloosa County Water and Sewer POTW - Publicly Owned Treatment Works SIC - Standard Industrial Classification SWDA - Solid Waste Disposal Act, 42 U.S.C. 6901, et. seq. TSS - Total Suspended Solids USC - United States Code WEF - Water Environmental Federation WWF - Wastewater Facility Sec. 24-104. - Ordinance adoption. The Board does hereby find that such rates, fees, charges, rules and regulations herein set forth shall be necessary to provide funds sufficient at all times to pay the cost of expanding, maintaining, repairing and operating the said water and sewer systems, including the reserves for such purposes and for replacements and depreciation and necessary extensions, and to pay the principal of, and the interest on, all bonds and other debts presently outstanding and payable from such revenues. A copy of the foregoing ordinance including a schedule of such rates, fees and charges shall be kept on file in the office of the Clerk of the Circuit Court for Okaloosa County and shall be open to inspection by all parties interested. All ordinances or parts of ordinances in conflict herewith are hereby repealed. The invalidity of any section, clause, sentence, or provision of this article shall not affect the validity of any other part of this article which can be given effect without such invalid part or parts. Secs. 24-105. - 24-130. - Reserved. Page 19 of 118  DIVISION 2. - PERMITS, MONITORING, AND REPORTING Sec. 24-131. - Sewage dischargers.