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

Sec. 24-132. - Water and sewer permits. Sec. 24-133. - Permit modifications and revocation. Sec. 24-134. - Permit conditions. Sec. 24-135. - Permit duration. Sec. 24-136. - Permit transfer or changed conditions. Sec. 24-137. - Permit fees. Sec. 24-138. - Reporting requirements for permittee. Sec. 24-139. - Monitoring facilities. Sec. 24-140. - Inspection and sampling. Sec. 24-141. - Pretreatment. Sec. 24-142. –Certification statements. Sec. 24-143. –Regulation of waste from other jurisdictions. Sec. 24-144. - Confidential information. Secs. 24-145—24-160. - Reserved. Sec. 24-131. - Sewage dischargers. It shall be unlawful to use public water or discharge sewage to the public sewage system without a permit, except as authorized by the Board in accordance with the provisions of this article. Sec. 24-132. - Water and sewer permits. (1) When requested by the Director, a User must submit information on the nature and characteristics of its wastewater within 45 days of the request. The Director is authorized to prepare a form for this purpose and may periodically require Users to update this information. (2) The Director may designate a User to be a Non-Significant Categorical User in accordance with the definition in Section 24-102. Such a designation must be in writing and based on an annual update from the User as to the quantity and nature of the wastewater being discharged by the User to the sewer system. (3) Permits: a. All Significant Users, as defined in section 24-102, proposing to connect to the water and sewer system shall obtain a permit before connecting to the water system or contributing to the sewage system. b. All existing Significant Users, as defined in section 24-102, connected to the water system or connected and contributing to the sewer system shall obtain a water or sewer permit within 180 days after the effective date of this article. (4) Permit Application: Significant Users as defined in section 24-102 required to obtain a permit in accordance with this article shall complete and file, with the Board, an application on the form prescribed by the Board and accompanied by a fee as specified in Appendix A. Existing Significant Users shall apply for a water or sewer permit within 30 days after the effective date of this article. Proposed new significant users shall apply at least 30 days prior to connecting to water or sewer service. In support of the application, the significant users shall submit, in units and terms appropriate for evaluation, the following information: a. Name, address, and location, (if different from the user's address); Page 20 of 118  b. SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended; c. Sewage constituents and characteristics including but not limited to those mentioned in this article as determined by a reliable analytical laboratory. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended; d. Time and duration of sewage contribution; e. Average daily and three-minute peak sewage flow rates including daily, monthly and seasonal variations if any; f. Site plans, floor plans, mechanical and plumbing plans and details to show all water supply and sewers, water and sewer connections and appurtenances by the size, location and elevation. g. Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged to the sewer; h. Where known, the nature and concentration of any pollutants in the discharge to the sewer which are limited by any county, state, or federal pretreatment standards along with a statement regarding whether or not the 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 for the user to meet applicable pretreatment standards; i. 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. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard: The following conditions shall apply to this schedule: 1. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment equipment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.). 2. No increment referred to in this paragraph (a) shall exceed nine months. 3. Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Board including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than 9 months elapse between such progress reports to the Board. j. Each product produced by type, amount, process or processes and rate of production; k. Type and amount of raw materials processed (average and maximum per day); l. Number and type of employees, hours of operation of facility, and proposed or actual hours of operation of pretreatment system; Page 21 of 118  m. Any other information as may be deemed by the Board to be necessary to evaluate the permit application. n. A list of any current environmental permits held by the facility. o. A list and a diagram showing the location of any existing monitoring locations. 1. All wastewater discharge permit applications, User reports and certification statements must be signed by an Authorized Representative of the User and contain the certification statement in Section 24-142. 2. If the designation of an Authorized Representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this Section must be submitted to the Director prior to, or together with, any reports to be signed by an Authorized Representative 3. A facility determined to be a Non-Significant Categorical Industrial User by the Director must annually submit the signed certification statement in Section 24-142. The Director will evaluate the data furnished by the user and may require additional information. Once the application is complete, the Director will act on the application within 30 days. Failure to act within this time limit does not grant a permit by default. If action is not taken within 30 days, the applicant may appeal directly to the Board. After evaluation and acceptance of the data furnished, the Board may issue a water or sewage user permit subject to terms and conditions provided herein. The applicant may appeal directly to the Board if the applicant objects to the action taken. Such an appeal must be represented to the Board within 45 days of the action taken. Sec. 24-133. - Permit modifications and revocation. (1) The Director may modify an individual wastewater discharge permit for good cause. The right and ability of the Director to make such modifications shall be included as an express term of any permit issued. Good cause shall be limited to, the following reasons: a. To incorporate any new or revised Federal, State or local Pretreatment Standards or Requirements; b. To address significant alterations or additions to the User’s operation, processes, or wastewater volume or character since the time of the individual wastewater discharge permit issuance; c. A change in the POTW 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 the County’s POTW, County personnel or the receiving waters; e. Violation of any terms or conditions of the individual wastewater discharge permit; f. Misrepresentations 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 40 CFR 403.13; h. To correct typographical or other errors in the individual wastewater discharge permit; i. To reflect a transfer of the facility ownership or operation to a new owner or operator; j. The development of revised more stringent local limits. Page 22 of 118 (2) The Director may revoke an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons: a. Failure to notify the Director of significant changes to the wastewater prior to the changed discharge; b. Failure to provide prior notification to the Director of changed conditions pursuant to Section 24-134 of this ordinance; c. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application; d. Falsifying self-monitoring reports and certification statements; e. Tampering with monitoring equipment; f. Refusing to allow the Director access to the facility premises and records; g. Failure to meet effluent limitations; h. Failure to pay fines; i. Failure to pay sewer charges; Sec. 24-134. - Permit conditions. Water and sewer user permits shall be expressly subject to all provisions of this article, and all other applicable regulations, user charges and fees established by the Board. Permits shall contain the following: (1) The unit charge or schedule of user charges and fees for the sewage to be discharged to the public sewer; (2) Limits on the average and maximum sewage constituents and characteristics. These limits may prescribe limits based on the concentration or mass of constituents. (3) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization; (4) Requirements for installation and maintenance of inspection and sampling facilities; (5)Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule; (6) Compliance schedules; (7) Requirements for submission of technical reports or discharge reports (see reporting requirements for permittee); (8) Requirements for maintaining and retaining plan records relating to sewage discharge as specified by the Board, and affording Board access thereto; (9) Requirements for notification of the Board of any new introduction of sewage constituents or any substantial change in the volume or character of the sewage constituents being introduced into the sewage treatment system; Page 23 of 118  (10) Requirements for notification of slug discharges as per this article; (11) Statement of non-transferability without prior notification to the control authority and without providing a copy of the existing control mechanism to the new owner or