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

operator; (12) Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedules shall not extend the compliance date beyond applicable State or Federal deadlines; (13) Effluent limits, including best management practices, based on applicable general pretreatment standards in this chapter, categorical pretreatment standards, local limits, and State law and local law; (14) A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date; (15) Other conditions as deemed appropriate by the Board to ensure compliance with this article. Sec. 24-135. - Permit duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the Board during the term of the permit as limitation or other just cause exists. The user shall be informed of any proposed changes in their permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. Sec. 24-136. - Permit transfer or changed conditions. Water user or sewage discharge permits are issued to a specific user for a specific operation. A water user or sewage discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the Board. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit. Each User must notify the Director of any significant changes to the User’s operations or system which might alter the nature, quality, or volume of its wastewater at least 90 days before the change. The Director may require the User to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 24-132 of this ordinance. Sec. 24-137. - Permit fees. The Board may establish charges and fees when necessary which may include: (1) Fees for reimbursement of costs of setting up and operating the board's pretreatment program; (2) Fees for monitoring, inspections, and surveillance procedures; (3) Fees for reviewing accidental discharge procedures and construction; (4) Fees for mobile discharge operations permit; (5) Fees for permit applications; (6) Fees for permit renewal; (7) Fees for filing appeals; Page 24 of 118  (8) Other fees as the Board may deem necessary to carry out the requirements contained herein. The current fees are listed in Appendix A. Sec. 24-138. - Reporting requirements for permittee. (1) Baseline Monitoring Reports. Within either one hundred eighty (180) days after the effective date of a Categorical Pretreatment Standard, or the final administrative decision on a category determination under 40 CFR 403.6(a) (4), whichever is later, existing Categorical Industrial Users currently discharging to or scheduled to discharge to the POTW shall submit to the Director a report which contains the information listed in paragraph (2), below. At least ninety (90) days prior to commencement of their discharge, New Sources, and sources that become Categorical Industrial Users subsequent to the promulgation of an applicable categorical Standard, shall submit to the Director a report which contains the information listed in paragraph (2), below. A New Source shall report the method of pretreatment it intends to use to meet applicable categorical Standards. A New Source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged. (2) Users described above shall submit the information set forth below: a. All information required in Section 24-132 (4) b. Measurement of pollutants. 1. The User shall provide the information required in Section 24-132 (4) 2. The User shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this paragraph. 3. Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the User should measure the flows and concentrations necessary to allow use of the combined waste-stream formula in 40 CFR 403.6(e) to evaluate compliance with the Pretreatment Standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e), this adjusted limit along with supporting data shall be submitted to the Control Authority; 4. Sampling and analysis shall be performed in accordance with Section 24-138 (7) of this ordinance; 5. The Director may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures; 6. The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant Discharges to the POTW. c. Compliance Certification. A statement, reviewed by the User’s Authorized Representative as defined in Section 24-102 and certified by a qualified professional, indicating whether Pretreatment Standards are being met on a consistent basis. If not, it shall be indicated whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the Pretreatment Standards and Requirements. d. Compliance Schedule. 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 and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date Page 25 of 118  established for the applicable Pretreatment Standard. A compliance schedule pursuant to this Section must meet the requirements set out in Section 24-132(4)(i) of this ordinance. e. Signature and Report Certification. All baseline monitoring reports must be certified in accordance with Section 24-142 of this ordinance and signed by an Authorized Representative as defined in Section 24-102. (3) Periodic compliance reports. a. All Significant Industrial Users must, at a frequency determined by the Director, submit no less than twice per year (July 28 and January 28) reports indicating the nature, concentration of pollutants in the discharge which are limited by Pretreatment Standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the Pretreatment Standard requires compliance with a Best Management Practice (BMP) or pollution prevention alternative, the User must submit documentation, required by the Director of the Pretreatment Standard necessary to determine the compliance status of the User. b. If the user’s discharge is limited as to the mass of the pollutant in the discharge, the report required by subparagraph above of this paragraph shall indicate the mass of pollutants regulated by pretreatment standards in the sewage of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentrations, or production and mass where requested by the Board or pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the approval authority pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136 and amendments thereto or with any other test procedures approved by the EPA administrator. Sampling shall be performed in accordance with the techniques approved by the approval authority (FDEP). c. All periodic compliance reports must be signed and certified in accordance with Section 24-142 of this ordinance. d. All wastewater samples must be representative of the User’s discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean and maintained in good working order at all times. The failure of a User to keep its monitoring facility in good working order shall not be grounds for the User to claim that sample results are unrepresentative of its discharge. e. If a User subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location, more frequently than required by the Director, using the procedures prescribed in Section 138(g) of this ordinance, the results of this monitoring shall be included in the report. (4) Reports of Potential Problems. a. In the case of any discharge, including but not limited to, accidental discharges, discharges of a non- routine, episodic nature, a non-customary batch discharge, a Slug Discharge or Slug Load that might cause potential problems for the POTW, the User shall immediately telephone and notify the Director of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the User. b. Within five (5) days following such discharge, the User shall, unless waived by the Director, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the User to prevent similar future occurrences. Such notification shall not relieve the User of any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the User of any fines, penalties, or other liability which may be imposed pursuant to this ordinance. Page 26 of 118  c. A notice shall be permanently posted on the User’s bulletin board or other prominent place advising employees who to call in the event of a discharge described in paragraph (a.)above Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure. d. Significant Industrial Users are required to notify the Director immediately of any changes at its facility affecting the potential for a Slug Discharge. (5) Notice of Violation/Repeat Sampling and Reporting. If sampling performed by a User indicates a violation; the User must notify the Director within twenty-four (24) hours of becoming aware of the violation. The User shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Director within thirty (30) days after becoming aware of the violation. Re- sampling by the Industrial User is not required if the County performs sampling at the User’s facility at least once a month, or if the County performs sampling at the User between the time when the initial sampling was conducted and the time when the User or the County receives the results of this sampling, or if the County has performed the sampling and analysis in lieu of the