Item O09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
August 15, 2001
Division:
Cou nty Attorney
Bulk Item: Yes 0 No 0
AGENDA ITEM WORDING:
Approval to advertise an ordinance containing an amended mandatory connection
ordinance and new ordinance regulating sewage treatment and stormwater.
ITEM BACKGROUND:
Requested by the FKAA. Also provided is an interlocal agreement which, among other items,
requires the BCC to adopt the ordinance. Since the ordinance cannot be adopted until properly
noticed for a public hearing, the draft interlocal is provided for your information now and for
adoption at the time the ordinance is considered,
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT I AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST:
BUDGETED: Yes 0 No 0
COST TO COUNTY:
APPROVED BY:
County Attorney - OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTOR APPROVAL:~
VJAMES T, HENDRICK
DOCUMENTATION: Included 0 To Follow 0 Not Required 0
AGENDA ITEM #
~./'~:7
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4155.Interlocal Agreement. Monroe County
INTERLOCAL AGREEMENT
RELATING TO DELIVERY OF WASTEWATER
SERVICES, FACILITIES AND PROGRAMS
BY AND BETWEEN
MONROE COUNTY AND
THE FLORIDA KEYS AQUEDUCT AUTHORITY
ADOPTED AUGUST , 2001
SECTION 1.01.
SECTION 1.02.
SECTION 1.03.
SECTION 2.01.
SECTION 2.02
SECTION 3.01.
SECTION 3.02.
SECTION 3.03.
APPENDIX A
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4155.Interlocal Agreement. Monroe County
TABLE OF CONTENTS
PAGE
ARTICLE I
INTRODUCTION......................,.........,........,...,.. ......... ....I
DEFINITIONS..........,....... ..................,...............................,........................1
FINDINGS ..................,.......................,...........,....,...,..............,....,...............2
CONSTRUCTION AND INTERPRETATION ..........................................3
ARTICLE II
INTERLOCAL AGREEMENT...................................,..............5
ADOPTION OF LOCAL LEGISLATION ..................................................5
AMENDMENT TO LOCAL LEGISLATION ............................................6
ARTICLE III
GENERAL PROVISIONS...................................................... 7
RECORDING; EFFECTIVE DATE........... ................................................. 7
TERMINATION ......................................................................,................... 7
AMENDMENT....................................................................,.....................,. 7
APPENDICES
WASTEWATER FACILITIES USE ORDINANCE...................................9
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4155.Inter/oca/ Agreement. Monroe County
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT, is made and entered into as of this _ day of
August, 2001, by and between Monroe County, Florida (the "County"), and the Florida Keys
Aqueduct Authority (the "Authority").
WIT N E SSE T H:
NOW, THEREFORE, in consideration of the mutual covenants herein contained and for
other good and valuable consideration each to the other, receipt of which is hereby acknowledged
by each party, the County and the Authority hereby agree, stipulate and covenant as follows:
ARTICLE I
INTRODUCTION
SECTION 1.01.
DEFINITIONS.
(A) As used in this lnterlocal Agreement, the following words and terms shall have the
following meanings, unless the context requires otherwise:
"Agreement" means this Interlocal Agreement between Monroe County and the Florida
Keys Aqueduct Authority, including any amendments and supplements hereto executed and
delivered in accordance with the terms hereof.
"Ordinance" means the Wastewater Facilities Use Ordinance, to be in substantially the
form attached hereto as Appendix A, adopted by the County as provided for herein, and only as
amended and consented to by the Authority in writing as an amendment to this Agreement from time
to time.
(B) All other capitalized words and terms not otherwise defined herein shall have the
meanings set forth in the Ordinance.
SECTION 1.02.
FINDINGS. It is hereby ascertained, determined and declared that:
(A) The Authority is authorized by Chapter 76-441, Laws of Florida, as amended, to
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obtain, supply, and distribute an adequate water supply for the Florida Keys and to collect, treat and
dispose of wastewater in the Florida Keys.
(B) The Authority presently owns and operates a potable water treatment and distribution
system, various storage pumping and repumping facilities, water transmission mains, and various
service connections and meters providing water service within Monroe County and is prepared to
embark upon providing central wastewater services, facilities, and programs within the County.
(C) Although the Authority provides central water facilities and services to the
incorporated and unincorporated areas of Monroe County, the County, with the exception of the
City of Key West, is not served by central sewer facilities normally and generally provided and
maintained by governmental agencies, and, instead, such areas are served by cesspits, private septic
tanks or individually owned on-site disposal systems or package sewage treatment plants.
(D) The provision of water and wastewater services are so interlocked that the provision
of wastewater can not be effective without the provision of water. The provision of both water and
wastewater services, facilities and programs by a single provider is efficient and cost effective.
(E) The Florida Keys and Monroe County are the home to a complex and dynamic
ecosystem whose environment is threatened by elevated levels of nutrients in surrounding canals and
nearshore waters that are the result of antiquated wastewater disposal systems and facilities which
provide only minimal nutrient removal in the treatment of wastewater.
(F) Monroe County and the Authority have worked to identifY funding sources and grants
from local, state and federal sources to advance the provision of central water and wastewater
services, facilities and programs within the County and it is imperative to the health, safety and
welfare of the citizens of the County that the delivery of such services, facilities and programs be
expeditiously advanced.
(0) The County and Authority desire to cooperatively advance the development and
expansion of the Authority's water system and wastewater system to serve the County. It-is the
intent and desire of the County and Authority to utilize all immediately available resources and focus
the efforts of the County and the Authority to develop an efficient and cooperative approach to
delivering central water and wastewater services, facilities and programs within the County as
expeditiously as possible so as not to lose available funding opportunities therefore.
SECTION 1.03.
CONSTRUCTION AND INTERPRETATION.
(A) Words that indicate a singular number shall include the plural in each case and vice
versa, and words that import a person shall include firms and corporations.
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4155. Interlocal Agreement. Monroe County
(B) The terms "herein," "hereunder," "hereby," "hereof," and any similar terms, shall refer
to this Agreement; the term "heretofore" shall mean before the date of execution of this Agreement;
and the term "hereafter" shall mean on or after the initial date of execution of this Agreement.
(C) Words that reference only one gender shall include all genders.
(D) This Agreement shall be construed as resulting from joint negotiation and authorship.
No part of this Agreement shall be construed as the product of any one of the parties hereto.
ARTICLE II
INTERLOCAL AGREEMENT
SECTION 2.01.
ADOPTION OF LOCAL LEGISLATION.
(A) The County is authorized in part by Section 4, Chapter 99-395, Laws of Florida, and
in part by Section 9, Chapter 76-441, Laws of Florida, as amended, to adopt the Ordinance attached
hereto and incorporated herein as Appendix A.
(B) The Authority hereby preapproves the Ordinance and consents to the County's
adoption thereof within 45 days of the Authority's execution of this Agreement.
(C) As an inducement to the Authority to advance the provision of central wastewater
facilities, services and programs within the County, the County desires to and agrees to adopt and
enforce the Ordinance. No amendment or modification of any provision of the Ordinance relating
to the exclusive jurisdiction and control of water or wastewater services, facilities or programs
preempted to the Authority shall be effective unless preapproved by the Authority. Except as
otherwise provided by law, the County agrees and covenants not to amend or modify any provision
of the Ordinance relating to the exclusive jurisdiction and control of water or wastewater services,
facilities or programs preempted to the Authority, without first obtaining the written consent of the
Authority by amendment hereto.
(D) To the extent permissible by law, the County hereby delegates to the Authority and
the Authority accepts the responsibility to assist the County in administering the Ordinance.
Pursuant to this Agreement and the Ordinance, the Authority agrees to undertake, on behalf of the
County under the Ordinance and as the owner of the wastewater system, to:
(1 ) Implement and facilitate monitoring activities, enforcement activities, user reporting,
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4155.Interlocal Agreement. Monroe County
and provide for the setting of fees for the equitable distribution of costs resulting from establishment,
implementation and enforcement of a wastewater pretreatment program.
(2) Regulate users that might discharge hazardous, toxic or unusually strong discharges
into the Authority's wastewater system, regardless of volume, in accordance with the Ordinance.
(3) Prevent the introduction of pollutants into the Authority's collection and treatment
system which could interfere with the operation of the system, contaminate the resulting sludge, or
pass through into the receiving waters or the atmosphere.
(4) Provide uniform requirements for industrial wastewater discharge.
(5) Protect the wastewater treatment plant operators, transmission system workers,
collection and wastewater treatment facilities, the public, and the environment from harmful
pollutants in the Authority's wastewater system.
SECTION 2.02
AMENDMENT TO LOCAL LEGISLATION
The County acknowledges that substantial funding for advancing the provision of central
water and wastewater services, facilities and programs within the County will be provided to the
Authority by or through the Florida Department of Environmental Protection and that amendments
to the Ordinance to comply with lending, grant or other requirements of the Florida Department of
Environmental Protection or the Authority may be necessary from time to time.
ARTICLE III
GENERAL PROVISIONS
SECTION 3.01.
RECORDING; EFFECTIVE DATE.
(A) This Agreement, and any amendment hereto, shall be filed with the Clerk of the
Circuit Court for Monroe County, Florida, as required by Section 163.01(11), Florida Statutes.
(B) This Agreement shall become effective upon execution hereof by the County and the
Authority and the timely adoption of the Ordinance by the County as provided herein.
SECTION 3.02. TERMINATION. This Agreement shall terminate on December 31,
2011. Either party hereto shall have the authority to rescind or terminate the Agreement by
Resolution or Order, if the Authority has not commenced construction of central wastewater facilities
within the County within 2 years of the execution hereof.
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4155.Inter/oca/ Agreement. Monroe County
SECTION 3.03. AMENDMENT. This Agreement shall not be modified or altered,
nor shall any amendment to the Ordinance be effective as it relates to the Authority or the provision
of water or wastewater services, facilities, or programs, except by another written agreement
executed by the County and the Authority.
IN WITNESS WHEREOF, the County and the Authority have caused this Interlocal
Agreement to be duly executed and entered into on the date first above written.
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
THE FLORIDA KEYS AQUEDUCT
AUTHORITY
(SEAL)
By:
Chairman
ATTEST:
Clerk
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APPENDIX A
ORDINANCE
ORDINANCE NO.
- 2001
AN ORDINANCE RELATING TO THE PROVISION OF WATER
AND WASTEWATER SERVICES, FACILITIES, AND PROGRAMS
BY THE FLORIDA KEYS AQUEDUCT AUTHORITY IN MONROE
COUNTY, FLORIDA; REQUIRING CONNECTION TO FLORIDA
KEYS AQUEDUCT WASTEWATER FACILITIES WHEN
AVAILABLE; PROVIDING FOR DEFINITION OF "ONSITE
SEWAGE TREATMENT DISPOSAL SYSTEMS" AND OTHER
DEFINITIONS; PROVIDING FOR WASTEWATER FACILITIES
USE AND PRETREATMENT OF WASTEWATER; PROVIDING
FOR ENFORCEMENT, PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
ARTICLE I
INTRODUCTION
SECTION 1.01. DEFINITIONS. As used in this Ordinance, the following words and terms
shall have the following meanings, unless the context clearly otherwise requires:
"Authority" means the Florida Keys Aqueduct Authority.
" Available" as applied to a publicly owned or investor-owned sewerage system, means that the
publicly owned or investor-owned sewerage system is capable of being connected to the plumbing of an
establishment or residence, is not under a Department of Environmental Protection moratorium, and has
adequate permitted capacity to accept the sewage to be generated by the establishment or residence; and:
(1) For a residential subdivision lot, a single-family residence, or non-residential
establishment or Building, any of which has an estimated sewage flow of 1,000 gallons per day or less, a
gravity sewer line to maintain gravity flow from the property's drain to the sewer line, or a low pressure
or vacuum sewage collection line in those areas approved for low pressure or vacuum sewage collection,
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4155./nterlocal Agreement. Monroe County
exists in a public easement or right-of-way that abuts or is within 250 feet the property line of the lot,
residence, establishment or Building;
(2) For any residential or non-residential establishment, Building or development with an
estimated combined sewage flow exceeding 1,000 gallons per day, a sewer line, force main, or lift station
exists in a public easement or right-of-way that abuts the property line of the establishment, Building or
development, is within 500 feet of the property line thereof as accessed via existing right-of-way or
easements;
(3) For proposed residential subdivisions with more than 50 lots, for proposed non-residential
subdivisions with more than 5 lots, and for areas zoned or used for an industrial manufacturing purpose
or its equivalent, a sewerage system exists within one-fourth mile of the property line of the development
or Building as measured and accessed via existing easement or right-of-way; or,
(4) For repairs or modifications within areas zoned or used for an industrial or manufacturing
purpose or its equivalent, a sewerage system exists within 500 feet of such establishment's, Building's or
development's sewer stub-out or property line as measured and accessed via existing right-of-way or
easements;
"Blackwater" means that part of domestic sewage carried off by toilets, urinals, and kitchen
drains.
"Boat SliplDock/Berth" means a slip, dock or berth bordered by a seawall, or a fixed or floating
pier used for mooring or docking boats, houseboats, barges, or other types of floating modules or vessels
used for or capable of being used for residential, or non-residential use at either marina facilities or on
private waterways.
"Building" means any Premises or structure, either temporary or permanent, built for the support,
shelter or enclosure of Persons, chattels or property of any kind, or any other improvement, use, or structure
which creates or increases the potential demand on the water, wastewater and/or reclaimed water utility
system operated by the Authority. This term includes trailers, mobile homes, Boat Slip/Dock/Berth, or any
vehicle serving in any way the function of a Building. This term shall not include temporary construction
sheds or trailers erected to assist in construction and maintained during the term of a Building Permit.
"Building Permit" means an official document or certificate issued by the authority having
jurisdiction, authorizing the construction or siting of any Building. The term "Building Permit" also
includes tie-down permits or other similar authorizations for those structures or Buildings, such as a mobile
home or a Boat Slip/Dock/Berth, that does not otherwise require a Building Permit in order to be occupied.
"County" means Monroe County, Florida, its governing body, or the unincorporated area and, as
applicable, the incorporated area of any municipality, as the context requires.
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"Domestic Sewage" means human body waste and wastewater, including bath and toilet waste,
residential laundry waste, residential kitchen waste, and other similar waste from appurtenances at a
residence or establishment.
"Graywater" means that part of domestic sewage that is not blackwater, including waste from the
bath, lavatory, laundry, and sink, except kitchen sink waste.
"Onsite Sewage Treatment and Disposal System" means a system that contains a standard
subsurface, filled, or mound drainfield system; an aerobic treatment unit; a graywater system tank; a
laundry wastewater system tank; a septic tank; a grease interceptor; a closing tank; a solids or effluent
pump; a waterless, incinerating, or organic waste-composting toilet; a sanitary pit privy that is installed
or proposed to be installed beyond the Building on land of the owner or on other land to which the owner
has the legal right to install a system; and package sewage treatment facilities, including those facilities
that are in full compliance with all regulatory requirements and treat sewage to advanced wastewater
treatment standards or utilize effluent reuse as their primary method of effluent disposal. As used in this
definition the reference to "package sewage treatment facilities" shall include any wastewater treatment
facility permitted for operation by the Florida Department of Environmental Protection, or its successor
in function.
"Ordinance" means this Wastewater Facilities Use Ordinance.
"Owner" means a Person who is the record Owner of any Premises, or any Person claiming by
through or under such Person.
"Person" means any individual, partnership, firm, organization, corporation, association, or any
other legal entity, whether singular or plural, masculine or feminine, as the context may require.
"Premises" means any and all real property and tangible personal property affixed to real property
served or capable of being served by the Authority.
SECTION 1.02.
INTERPRETATION; CONSTRUCTION.
(A) Unless the context indicates otherwise, words importing the singular number include the plural
number, and vice versa; the terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms
refer to this Ordinance; and the term "hereafter" means after, and the term "heretofore" means before, the
effective date of this Ordinance. Words of any gender include the correlative words of the other genders,
unless the sense indicates otherwise.
(B) This Ordinance shall be liberally construed to be consistent with the provisions of Chapter 62-
625, Florida Administrative Code, or its successor in function.
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4155. Interlocal Agreement. Monroe County
SECTION 1.03. INTERLOCAL AGREEMENT. This Ordinance is adopted as provided
by Interlocal Agreement between the County and the Authority.
SECTION 1.04.
AUTHORITY AND PURPOSE.
(A) Article VID, Section I of the Florida Constitution, and Sections 125.01 and 125.66, Florida
Statutes, grant to the County all powers of local self-government to perform county functions and render
county services for county purposes in a manner not inconsistent with general or special law, and such
power may be exercised by the enactment of county ordinances.
(B) Pursuant to Section 4, Chapter 99-395, Laws of Florida, the County is expressly authorized
to enact certain provisions of this Ordinance: (I) requiring connection to Authority wastewater facilities
and (2) providing for the use of certain definitions relating to on-site sewage treatment and disposal
systems.
(C) Pursuant to Chapter 76-441, Laws of Florida, as amended, the Authority shall have
exclusive jurisdiction over the administration, maintenance, development and provision of wastewater
services in the County unless otherwise preapproved by the Authority; this Ordinance has been
preapproved by the Authority pursuant to lnterlocal Agreement between the County and the Authority.
(D) The purpose of this Ordinance is to: (I) clarify and facilitate interlocal agreement entered
into between the County and the Authority which will advance the delivery by the Authority of water and
wastewater services, facilities, and programs within the County; (2) provide procedures and standards for
the mandatory connection to water and wastewater facilities provided by the Authority to lands and
Premises located within the County and (3) facilitate adoption, administration and enforcement of
wastewater facilities use and pretreatment procedures acceptable to the Florida Department of
Environmental Protection.
ARTICLE II
CONNECTION TO AUTHORITY FACILITIES
SECTION 2.01.
FINDINGS. It is hereby ascertained, determined, and declared that:
(A) The Florida Legislature has identified the Florida Keys as an area of critical state concern;
pollution and questionable water quality resulting from the absence of adequate wastewater treatment
throughout the Florida Keys is a threat to the environment and the health, safety and welfare of landowners
and Persons inhabiting the Florida Keys.
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(B) The Florida Legislature has charged the Authority with the responsibility to plan and
provide for water and sewer systems within the Florida Keys and to enforce the use of its wastewater
facilities whenever and wherever they are accessible,
(C) The Florida Legislature has empowered the Authority to both prohibit the use of and
mandate the use of wastewater facilities within the Florida Keys.
(D) The Florida Legislature has authorized the County to enact local legislation that: (I)
requires connection to a central sewerage system within specified time periods; and (2) provides a
defInition of on-site sewage treatment and disposal systems that does not exclude package sewage
treatment facilities even if facilities are in full compliance with all regulatory requirements and treat
sewage to advanced wastewater treatment standards or utilize effluent reuse as their primary method of
effluent disposal.
(E) The Authority has embarked upon the creation of a wastewater system to equitably,
ecologically and economically manage wastewater and improve water quality in the Florida Keys. The
presence of the Authority's wastewater facilities will enhance and benefIt the environment and the health,
safety and general welfare of landowners and Persons inhabiting Monroe County and the Florida Keys.
(F) Mandatory connection to the Authority's wastewater facilities and the adoption of
wastewater facilities use and pretreatment procedures are fundamental to the successful financing, creation
and operation of the Authority's wastewater systems. Mandatory connections to a governmental utility
system and the adoption of wastewater facilities use and pretreatment procedures and the subsequent
charges flowing therefrom have long been held to be a proper exercise of the governmental power to
regulate and protect the welfare of the public.
SECTION 2.02.
MANDA TORY CONNECTION TO AUTHORITY FACILITIES.
(A) The Owner of an improved parcel of land or Premises shall, at the Owner's expense,
connect any On-Site Sewage Treatment and Disposal System (including decommissioning any such On-
Site Sewage Treatment and Disposal System and connection of the collection facilities served thereby to
the Authority's wastewater system) and or a Building's plumbing to the Authority's wastewater system
upon written notifIcation that the Authority's wastewater facilities are available for connection.
Connection shall occur within thirty (30) days of notice of availability of services, or as otherwise provided
by law.
(B) No less than one (I) year prior to the date the Authority's wastewater system is expected
to become available, the Authority will notifY the affected Owners of the anticipated availability of such
wastewater facilities and that such Owners will be required to connect, at their expense, to the Authority's
wastewater facilities within thirty (30) days of actual availability, or as otherwise may be provided by law.
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Failure to timely provide such notice or failure of any individual Owner to timely receive such notice shall
not serve as a bar to enforcement of mandatory connection by the Authority.
(C) Where the Authority's wastewater system is available to a Premises with an existing Onsite
Sewage Treatment and Disposal System, the Owner shall decommission, abandon, or otherwise disconnect
from the existing Onsite Sewage Treatment and Disposal System in accordance with the requirements of
the Florida Department of Health and the Florida Department of Environmental Protection, and shall
connect the Buildings on the property or Premises to the Authority's wastewater system.
(D) All connections shall be consistent with and governed by the Authority's agreement for
service provisions and all other applicable rules and regulations relating to water and wastewater and the
provision thereof.
(E) Whenever connection to the Authority's wastewater facilities is required, the Owner shall
retain a qualified contractor to install the required facilities' extension(s) and connections. All facilities
shall conform to the Authority's minimum design and construction standards and comply with all local
rules, building codes, and plumbing codes. The installation and connection process shall provide the
Owner with the right to control the placement, manner, use and disposition of the installation on private
property, subject to the minimum design and construction standards of the Authority and as is reasonably
necessary to protect the efficiency and integrity of the Authority's wastewater system. Such control being
afforded to the Owner to minimize the physical, aesthetic, and other effects of the installation or connection
on the affected property. Upon connection, the Owner shall be deemed to have granted a license to the
Authority to enter upon the affected property to inspect, repair, reconstruct or otherwise maintain the
installation or connection. Unless authorized otherwise, the Owner shall be deemed to own such
installation(s) located on the property and may repair, demolish, or construct in the area of the
improvement served by the installation or connection, subject to the Authority's minimum design and
construction standards for wastewater systems and practices in compliance with local rules, building codes
and plumbing codes.
(F) In the event an Owner fails or refuses to timely connect the Premises, any On-Site Disposal
System and/or a Building to the Authority wastewater facilities within the time prescribed herein, or by
state and/or local rules and regulations, the Authority shall be entitled to seek and employ any legally
available remedy to cause the installation of the on-site wastewater facilities necessary to effectuate the
connection of the Premises to the Authority's wastewater system. Under such circumstances, any
installation by the Authority shall be performed after reasonable efforts by the Authority to solicit, and in
deference to, the Owner's requests, if any, concerning the placement, manner, use and disposition of the
installation on the Premises subject to the applicable Authority's minimum design and construction
standards which are reasonably necessary to protect the efficiency and integrity of the Authority's
wastewater system. Upon connection, the Owner shall thereafter be deemed to have granted a license to
the Authority to enter upon the affected property to inspect, repair, reconstruct or otherwise maintain the
installation or connection. Unless authorized otherwise, the Owner shall be deemed to own such
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installation(s) located on the property and may repair, demolish, or construct in the area of the
improvement served by the installation or connection, subject to the Authority's minimum design and
construction standards and specifications for wastewater systems and practices in compliance with local
rules, building codes and plumbing codes.
(G) In the event an Owner fails or refuses to timely connect the Premises, any On-Site Sewage
Treatment Disposal System and/or a Building to the Authority's wastewater facilities within the time
prescribed herein, or by state and/or local rules and regulations, either the County or the Authority, as
applicable, may:
(1) Discontinue water service until such time as the Owner properly connects to Authority
wastewater system; or alternatively or concurrently,
(2) Seek to otherwise compel connection by any other available means, including judicial
process.
(H) In the event the County or the Authority is required to seek a writ or order, or otherwise
litigate any action compelling connection, all costs of such action experienced by the County or the
Authority including attorney fees and court costs may be assessed to the Owner.
ARTICLE III
W ASTEW A TER FACILITIES USE AND PRETREATMENT
SECTION 3.01.
FINDINGS. It is hereby ascertained, determined and declared that:
(A) The State of Florida Department of Environmental Protection and the United States
Environmental Protection Agency have directed local governments to develop comprehensive pretreatment
programs to regulate industrial discharges into wastewater collection, transmission, treatment and disposal
systems.
(B) To comply with regulations issued by the State of Florida Department of Environmental
Protection and the United States Environmental Protection Agency relating to wastewater pretreatment,
to further induce the Authority to provide central wastewater services, facilities and programs to lands
within the County, and to better protect the citizens and the environment of the County and the Florida
Keys, the County desires to adopt and establish minimum pretreatment requirements relating to the usage
of wastewater facilities within the County.
(C) The County deems this Article to be necessary for the health, safety and welfare of the
public, the citizens of the County and for the protection of the environment.
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SECTION 3.02. APPLICABILITY. The provisions of this Article shall be effective within
the County and shall set restrictions, constraints and prohibitions to protect the environment and the water
resources. This Article shall be applicable to all users of on-site and community wastewater systems and
shall be liberally construed to effectuate the purposes set forth herein. Unless otherwise provided, nothing
in this Article shall be construed to relieve any person from compliance with any applicable regulations
or rules enacted by the County, the Authority or other political subdivision of the State of Florida.
SECTION 3.03.
PURPOSE AND POLICY.
(A) The purpose of this Article is to set forth uniform requirements for waste discharges into
all wastewater systems. This Article will enable the County and the Authority to comply with applicable
state and federal laws, including the Clean Water Act, as amended, National Pollutant Discharge
Elimination System (NPDES) permit regulations (40 CFR, Part 122), the General Pretreatment Regulations
(40 CFR, Part 403), the State of Florida Department of Environmental Protection's pretreatment
requirements (Rule 62-625, Florida Administrative Code), and other federal, state and local laws, rules and
regulations as they pertain to the pretreatment of wastewater.
(B) The Authority shall review, no less often than every two years, the contribution of
wastewater to its treatment systems and its user charge system to ensure that proportionate distribution of
operation and maintenance costs are properly maintained among system users and classes of users, Upon
such review, user charges shall be revised as necessary to sustain proportionate distribution of operation
and maintenance costs necessary to the proper operation and maintenance of the treatment works. Any
excess revenues collected from a user class shall be applied to operation and maintenance costs attributable
to that class for the next year and rates shall be adjusted accordingly.
(C) In the event extraneous flows do intrude into the collection system, all costs of operation
and maintenance for extraneous flows not directly attributable to a user of class of user will be distributed
among all users of the wastewater system. The cost distribution will be structured to reflect the same
distribution as for actual use.
(D) Where the Authority proposes to construct regional wastewater system that will accept
flows across political jurisdictional boundaries, each government from areas that contribute wastewater
flow to the system must adopt the Authority's user charge system by jurisdictional legislative enactment.
The public shall be informed of the financial impact of the user charge system on them and shall be
consulted prior to adoption of the system, in accordance with 40CFR part 25.
(E) The Authority shall notify each system user, in conjunction with a regular bill, of the rate
and portion of the user charge attributable to wastewater treatment services.
SECTION 3.04.
OBJECTIVES.
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(A) The objectives of this Article is are to:
(1) Prevent the introduction of pollutants into the Authority's wastewater systems that will
interfere with the normal operation of the system or contaminate the resulting residual solids.
(2) Prevent the introduction of pollutants into the Authority's wastewater systems, which, if
inadequately treated, will pass through the treatment system into the environment, or which may otherwise
be incompatible with the treatment system.
(3) Improve the opportunity for recycling and other beneficial uses of wastewater effluent and
residual solids.
(4) Provide uniform requirements for industrial and other wastewater discharge into the
Authority's wastewater systems,
(5) Protect wastewater treatment plant personnel, collection and transmission system workers,
the public, and the environment from harmful pollutants in the Authority's wastewater system.
(6) Ensure compliance with operating permit conditions as required by federal, state and local
regulatory agencies.
(B) This Article provides for the regulation of industrial waste discharges to the Authority's
wastewater systems through enforcement of general requirements for all users, through monitoring and
enforcement activities, and through user reporting.
SECTION 3.05. DEFINITIONS. Unless the context specifically indicates otherwise, the
meaning of terms used in this Article shall be as follows:
"Act" or "the Act" means the Federal Water Pollution Control Act, also known as the Clean
Water Act, as amended, 33 U.S.c. 1251 et seq.
"Advanced Sewage Disposal System (ASDS)" means an On-Site Sewage Disposal System
permitted and approved by Florida Department of Health, or its successor in function, that provides for
removal of nutrients (nitrogen and phosphorus) to the extent determined by Florida Department of Health,
or its successor in function, to be consistent with "best available technology."
"Authorized Representative of the User" means: I) the president, vice president, secretary or
treasurer or any other person who performs similar policy or decision-making functions for the User; 2)
a general partner or proprietor if the User is a partnership or proprietorship, respectively; or, 3) a duly
authorized representative of the person designated in (1) or (2) above if such representative is responsible
for the overall operation of the facility from which the discharge originates.
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"Biochemical Oxygen Demand (BOD)" means the quantity of oxygen used in the biochemical
oxidation of organic matter at a specified time, at a specified temperature, and under specified conditions.
It shall also mean a standard test for assessing wastewater strength expressed in the demand for oxygen
for a five-day period as specified in Rule 62-160, Florida Administrative Code.
"Building Sewer/Service Line" means that portion of the sewer system that extends beyond the
end of the building drain and conveys wastewater to a public, private or individual wastewater collection
system, or other point of disposal. In cases where the building is served by a vacuum sewer, the building
sewer shall include the gravity line to the vacuum valve collection sump constructed within the public
right-of-way or a private easement.
"Bypass" means the intentional diversion of wastewater streams from any portion of an industrial
user's treatment facility.
"Categorical Industrial-User" means an industrial user subject to Categorical Pretreatment
Standards.
"Categorical Pretreatment Standard" means national pretreatment standards specifying
quantities or concentrations of pollutants or pollutant properties that may be discharged by existing or new
industrial users in specific industrial sub-categories, established as separate regulations as promulgated by
the United States Environmental Protection Agency (EPA) in accordance with Sections 307(b) and (c) of
the Act (33 U.S.C. 1317) which applies to a specific category of Industrial Users and which appears in 40
CFR Chapter I, Subchapter N, Parts 405-471, as amended. These standards, unless specifically noted
otherwise, shall be in addition to all pretreatment standards and requirements.
"Chemical Oxygen Demand (COD)" means a measure of the oxygen equivalent to that portion
of the organic matter of a water sample that is susceptible to oxidation by a strong chemical oxidant. It
shall also mean a standard test for assessing wastewater strength expressed in the demand for oxygen as
specified in Rule 62-160, Florida Administrative Code.
"Code of Federal Regulations (CFR)" means a codification of the general and permanent rules
published in the Federal Register by the Executive Departments and Agencies of the Federal Government.
The Code is divided into 50 titles that represent broad areas subject to Federal regulation. Each title is
divided into chapters that usually bear the name of the issuing agency. Each chapter is further subdivided
into parts covering specific regulatory areas of concern.
"Commercial Users" means any property occupied by a nonresidential establishment not within
the definition of an "Industrial User" and which is connected to the wastewater facilities.
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"Constituents" means the composite of the waste stream including color, odor, and particulate
pollutants as further defined herein.
"Control Manhole" means a manhole through which the total wastewater from a facility flows,
and that can accommodate equipment for wastewater sampling and flow measurement.
"Conventional Pollutant" means any of five wastewater pollutants as defined by the Act
including B.O.D., suspended solids, fecal coliform (bacteria), pH, and oil and grease.
"Cooling Water" means the water discharged from any use such as air conditioning, cooling or
refrigeration; or to which the only pollutant added is heat.
"Day" means the 24-hour period beginning at 12:01 a.m.
"Department of Environmental Protection (DEP)" means the Florida Department of
Environmental Protection.
"Dilution" means any addition to a wastewater discharge for the purpose of, but not limited to,
making weaker, less potent, mixing, dispersing, or thinning, so as to alter the physical, chemical or
biological properties, other than what is defined as pretreatment.
"Direct Discharge" means the discharge of treated or untreated wastewater directly into a
wastewater collection system.
"Discharge" means the introduction of pollutants into a wastewater system from any source,
directly or indirectly, by means of pipes, conduits, pumping stations, ditches, or tank trucks, and all
constructed devices and appliances appurtenant thereto.
"Domestic or Residential Waste" means any superfluous solid, liquid, or gaseous material
derived principally from the use of sanitary conveniences of residences (including apartments); wastewater
produced from non-commercial or non-industrial sources.
"Easement" means any acquired legal right for the specific use of land owned by others.
"Enforcement" means actions taken by the County or the wastewater system owner in response
to noncompliance with or violations of this Ordinance.
"Environmental Protection Agency (EP A)" means the United States Environmental Protection
Agency.
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"Existing Source" means any building, structure, facility, or installation from which there is or
may be a discharge, the construction of which began before promulgation of pretreatment standards
applicable to such source.
"Flow Proportioned Composite Sample" means a combination of individual samples of equal
volume taken at equal intervals of flow from a waste stream, without consideration of the time between
individual samples; or, a combination of individual samples each of volume proportional to the waste flow
rate at the time of sampling and taken at equal intervals of time.
"Garbage" means solid animal or vegetable wastes resulting from the domestic or commercial
handling, storage, dispensing, preparation, cooking, and serving of foods.
"Grab Sample" means a sample taken from a waste stream on a one-time basis with no regard to
the flow in the waste stream and without consideration of time.
"Holding Tank Waste" means waste from holding tanks including, but not limited to vessels,
chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
"Indirect Discharge" means the introduction of pollutants into a wastewater collection system
from any non-domestic source regulated under sections 307 (b), (c), and (d) of the Act.
"Industrial Discharge Permit (IDP)" means written authorization from the utility owner to
discharge industrial wastewater into a wastewater collection system and setting certain conditions and/or
restrictions on such discharge.
"Industrial Monitoring Report (IMR)" means a report submitted by Sill's indicating the nature
and concentration of pollutants for which the industry is regulated. These reported pollutants may include
local discharge standards and/or Categorical Pretreatment Standards.
"Industrial User (IV)" means any non-residential user discharging industrial wastewater into a
wastewater collection system,
"Industrial Wastewater" means wastewater from industrial operations, trade or business activities
as distinct from domestic wastewater.
"Industrial Wastewater Discharge Permit" means written authorization from a utility owner toldischarge industrial wastewater into the wastewater collection system and setting certain conditions and/or
restrictions on such discharge.
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"Industrial Wastewater Surcharge" means an additional service charge assessed against
Industrial Vsers of a wastewater system whose wastewater characteristics exceed established surcharge
limits.
"Interference" means a discharge which alone or in conjunction with a discharge or discharges
from other sources, both:
(A) Inhibits or disrupts the wastewater system, its treatment processes or operations, or its
sludge processes, use or disposal; and
(B) Is a cause of violation of any requirement of any Federal, State or County permits (including
an increase in the magnitude or duration of a violation) or prevents use or disposal of domestic wastewater
residuals in compliance with local regulations or rules ofDEP and Chapter 403, Florida Statutes (or more
stringent state or local regulations): Section 405, of the Clean Water Act (SWDA) (including Title II, more
commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including State
regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA),
the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection Research and Sanctuaries
Act.
"May" means permissive.
"Medical Wastes" means wastes including, but not limited to, isolation wastes, infectious wastes,
infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts,
formaldehyde, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory
wastes, and dialysis wastes.
"Minor User" means a user whose discharge may not significantly impact the wastewater
collection and treatment system, degrade receiving water quality and/or contaminate sludge. Although a
minor user is not a categorical industry, it has a potential to discharge a non-domestic or process waste
stream.
"National Pollutant Discharge Elimination System (NPDES) Permit" means a permit issued
pursuant to Section 402 of the Act (33 V.S.C. 1342).
"Natural Outlet" means any outlet into a water course, pond, ditch, canal, Atlantic Ocean, Florida
Bay, or any other body of surface water or groundwater.
"New Source" means wastewater sources defined as follows:
(A) Any Building, structure, facility, or installation from which there is or may be a discharge,
for which construction is commenced after adoption of pretreatment standards applicable to such source.
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(B) Any Building, structure, facility or installation from which there is or may be a discharge,
for which construction is commenced after the publication of pretreatment standards under Section 307( c)
of the Act which are applicable to such source if such standards are thereafter promulgated in accordance
with that section.
(C) New Sources shall have the following additional characteristics:
(1) The Building, structure, facility, or installation is constructed at a site at which no other
source of discharge is located; or
(2) The Building, structure, facility, or installation totally replaces the process or production
equipment that causes the discharge of pollutants at an existing source; or
(3) The production or wastewater generating processes of the Building, structure, facility, or
installation are substantially independent of an existing source of discharge at the same site. In determining
whether these are substantially independent, factors such as the extent to which the new facility is engaged
in the same general type of activity as the existing source shall be considered;
(D) Construction on a site at which an existing source is located results in a modification rather
than a new source if the construction does not create a new Building, structure, facility or installation
meeting the criteria of (B) or (C) above but otherwise alters, replaces, or adds to existing process or
production equipment; or
(E) Construction of a new source, as defined herein, has commenced if the owner or operator
has:
(I) Begun, or caused to begin as part of a continuous on-site construction program:
(a) Any placement, assembly, or installation of facilities or equipment; or,
(b) Significant site preparation work including clearing, excavation, or removal of
existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation
of new source facilities or equipment.
(2) Entered into a binding contractual obligation for the purchase of facilities or equipment that
are intended for use in its operation within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design
studies do not constitute a contractual obligation under this definition.
"Non-Categorical Industrial User" means an industrial user not subject to Categorical
Pretreatment Standards.
"Oil I Grease Interceptor (OGI)" means any device, including but not limited to grease traps and
oiVwater separators, designed and installed to separate and retain floating, deleterious, hazardous, and/or
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undesirable matter from wastewater or liquid wastes, and that discharges to a wastewater collection or
treatment system.
"Oil I Grease Interceptor User (OGIU)" means establishments that use an oiVwater interceptor
and/or a grease interceptor (i.e., grease trap).
"On-Site Disposal System (OSDS)" means a wastewater treatment system permitted by Florida
Department of Health, or its successor in function, located on the site where the wastewater is generated,
and utilizing subsurface effiuent disposal (sorption field or Class V injection well); such as a conventional
septic tank, aerobic treatment unit (A TU), on-site wastewater nutrient reduction system (OWNRS), or other
type of advanced sewage disposal system (ASDS).
"Other Waste" means waste including but not limited to refuse, decayed wood, sawdust, shavings,
bark, lime, sand, ashes, offal, oil, tar, chemicals, and all other substances as distinguished from domestic
waste, industrial wastewater, holding tank waste or medical waste.
"Pass-through" means a discharge which exits a wastewater treatment process into waters of the
State or of the United States in quantities or concentrations which, alone or in conjunction with a discharge
or discharges from other sources, is the cause of a violation of any requirement of a Federal, State or local
permit (including an increase in the magnitude or duration of a violation).
"Permit" means an Industrial Wastewater Discharge Permit issued by the wastewater system
owner to all significant users pursuant to any applicable local ordinance or the applicable rules and
regulations of the wastewater system owner.
"pH" means the logarithm of the reciprocal of the hydrogen ion concentration. The concentration
is the weight of hydrogen ions, in grams, per liter of solution.
"Pollutant" means any dredged spoil, solid waste, incinerator residue, wastewater, garbage,
wastewater sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked
or discharged equipment, rock, sand, cellar dirt or industrial, municipal, or agricultural waste discharged
into water.
"Pretreatment" means reduction of the amount of pollutants, the elimination of pollutants, or the
alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise
introducing such pollutants into a wastewater collection or treatment system. The reduction or alteration
may be obtained by physical, chemical or biological processes, process changes or by other means, except
as prohibited by Rule 62-625.410(5), Florida Administrative Code.
"Pretreatment Standard" means any regulation containing pollutant discharge limits promulgated
by EPA in accordance with Section 307(b) and (c) of the Act, which applies to industrial users.
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4155. Inter/oca/ Agreement. Monroe County
"Priority Pollutants" means any toxic pollutant regulated under Categorical Pretreatment
Standards.
"Properly Shredded Garbage" means garbage that has been shredded to such a degree that all
particles Will be carried freely under hydraulic flow conditions normally prevailing in the wastewater
collection system, with no particle greater than one-half inch in any dimension.
"RCRA" means resource Conservation and Recovery Act.
"Residential User" means all premises used only for human residency and which are connected
to the wastewater facilities.
"Sanitary Conveniences" means facilities such as toilets, urinals, sinks, showers, bathtubs, and
bidets; which discharge wash-water or wastewater to the building sewer.
"Sanitary Wastewater" means wastewater discharged from the sanitary convemences of
dwellings, office buildings, industrial plants, or institutions.
"Septage" means waste removed from septic tanks or other onsite disposal system (OSDS); or
chemically stabilized wastewater removed from temporary sanitary facilities.
"Sewer" means any pipe, conduit, or other device used to collect and transport wastewater and
from which storm, surface, or groundwater is generally excluded.
"Shall" means mandatory.
"Significant Industrial User (SIU)" means:
(A) Any user subject to Categorical Pretreatment Standards under Rule 62-625.410, Florida
Administrative Code and 40 CFR Chapter I, Subchapter N which has been adopted by reference in Chapter
62-660, Florida Administrative Code; or,
(B) Any non-categorical user that discharges 25,000 gallons per day or more of process
wastewater into a wastewater system (excluding domestic wastewater, non-contact cooling and boiler
blow-down wastewater), or that contributes a process waste stream which makes up five (5) percent or
more of the average dry weather hydraulic or organic capacity of the treatment plant, or is designated as
such by the wastewater system owner on the basis that the industrial user has a reasonable potential for
adversely affecting the treatment plant operation or for violating any pretreatment standard or requirement
(in accordance with Rule 62-625.500(2)(e), Florida Administrative Code. Upon fmding that an industrial
user meeting the criteria in this subparagraph (B) has no reasonable potential for adversely affecting the
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4155. Inter/oca/ Agreement. Monroe County
wastewater system operation or for violating any pretreatment standard or requirement, the wastewater
system owner may at anytime, on its own initiative or in response to a request received from an industrial
user, and in accordance with Rule 62-625.500(2) (e), Florida Administrative Code, determine that such
industrial user is not a Significant Industrial User.
"Significant Non-compliance" means may include one or all of the following:
(A) Violations of wastewater discharge limits:
(1) Chronic Violations: Sixty-six (66%) percent or more of the measurements exceed the same
daily maximum limit or the same average limit in a six (6) month period (any magnitude of exceedence).
(2) Technical Review Criteria ("TRC") Violations: Thirty-three (33%) percent or more of all
of the measurements for each pollutant parameter taken during a six-month period equal to or exceeding
the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4
for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH.)
(3) Any other violation(s) of an effiuent limit (average or daily maximum) that has caused,
alone or in combination with other discharges, interference or pass-through, or endangered the health,
safety or welfare of the public.
(4) Any discharge of pollutant that has caused imminent endangerment to human health, safety
or welfare or to the environment and has resulted in the wastewater system owner exercising its emergency
authority to halt or prevent such a discharge.
(B) Violations of compliance schedule milestones contained in a permit or enforcement order
for starting construction, completing construction, and attaining final compliance by ninety (90) calendar
days or more after the compliance schedule date.
(C) Failure to provide reports for compliance schedules, self-monitoring data, or categorical
standards (baseline monitoring reports, ninety (90) day compliance reports, and periodic reports) within
thirty (30) calendar days from the date due.
(D) Failure to accurately report non-compliance.
(E) Any other non-compliance considered significant.
"Sludge" means any solid or semisolid waste generated from a county, municipal, regional,
commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control
facility exclusive of the treated eftluent from a wastewater treatment plant.
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"Slug Load" means any discharge of water, wastewater, or industrial wastewater in which the
concentration of any given constituent or the quantity of flow exceeds, for any period of duration longer
than fifteen (15) minutes, five (5) times the average twenty-four (24) hour concentration or flow during
normal operation.
"Standard Industrial Classification (SIC) Code" means a classification pursuant to the Standard
Industrial Classification Manual issued by the United States Office of Management and Budget.
"Standard Methods" means the current edition of "Standard Methods for the Examination of
Water and Wastewater" as prepared and published by the American Public Health Association, American
Water Works Association, and the Water Environment Federation.
"State" means the State of Florida.
"Storm Sewer" means shall mean a sewer which carries storm and surface waters and drainage,
but excludes sewage and polluted industrial wastes.
"Suspended Solids" means tiny particles of solids disbursed but not dissolved in a solid, liquid,
or gas, which are removable by laboratory filtration.
"Time Composite Sample" means a combination of individual samples of equal volume taken
at equal intervals of time from a waste stream, without consideration of the flow within the waste stream.
"Total Solids" means shall mean the total weight, expressed in ppm, of all settleable suspended,
or dissolved solids in the wastewater, as determined by Standard Methods.
"Toxic Pollutant" means any pollutant or combination of pollutants listed as toxic by the
Administrator of the Environmental Protection Agency under the provisions of Section 301(a) of the Act
and listed in 40 CFR 401.15.
"Upset" means an exceptional incident in which a user unintentionally and temporarily is in a state
of non.;.compliance with the standards adopted under this Article or established as part of a Wastewater
Discharge Permit, due to factors beyond the reasonable control of the user, and excluding non-compliance
to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment
facilities, lack of preventive maintenance, or careless or improper operations thereof.
"User" means any person or entity responsible for the discharge of wastewater into a wastewater
system.
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"Wastewater" means liquid and water-carried industrial, domestic, medical, food, superfluous
solid, gaseous material, holding tank or other wastes from residences, commercial establishments and/or
manufacturing facilities, whether treated or untreated, which are discharged into a wastewater system.
"Wastewater Collection System" means a system for carrying waste including but not limited to,
domestic, industrial, medical, holding tank or other waste, to which storm, surface, and groundwater are
not intentionally admitted.
"Wastewater Discharge Permit" means a written authorization from the wastewater system
owner stating the conditions, parameters, and/or circumstances whereby a user may discharge into the
wastewater collection system.
"Wastewater Facilities" or "Wastewater System" means the structures, equipment, and
processes required to collect, carry away, and treat domestic, industrial, medical, holding tank and other
wastes and dispose of the effiuent.
SECTION 3.06. ABBREVIATIONS. As used in this Article, the following abbreviations
shall have the designated meanings:
ASTM - American Society of Testing and Materials
CFR - Code of Federal Regulations
DOH - Florida Department of Health
EPA - U.S. Environmental Protection Agency
FDEP - Florida Department of Environmental Protection
NPDES - National Pollutant Discharge Elimination System
RCRA - Resource Conservation and Recovery Act
WEF - Water Environment Federation
WWTP - Wastewater Treatment Plant
SECTION 3.07.
USE OF WASTEWATER SYSTEMS.
(A) Unsanitary Disposal Prohibited: It shall be unlawful for any person to place, deposit,
discharge or permit to be deposited or discharged in any unsanitary manner on public or private property
within the County any untreated wastewater, human excrement, garbage, or other objectionable waste that
may pose a threat to public health or cause a public nuisance.
(B) Septic Tanks Regulated: Except as provided by federal, state or local laws, rules, and
regulations it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or
other facility intended for or used for the treatment or disposal of wastewater.
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(C) Wastewater Collection System Connection Required: The owner of any house, Building,
or property used for human occupancy, employment, recreation or other purposes, abutting on any street,
alley, easement, or right-of-way in which there is located a publicly available wastewater collection system
that is connected to the Authority's wastewater system is required at the owner's expense to connect such
house, Building or property to the available wastewater collection system as otherwise required by this
Ordinance. If the house, building, or property was served by an on-site sewage disposal system (OSDS)
or cesspit, the OSDS or cesspit shall be decommissioned and abandoned in accordance with DOH
requirements. Closure of cesspits and septic tanks shall be performed by a properly licensed septic tank
or utility contractor.
(D) Pretreatment: Users shall provide wastewater treatment as necessary to comply with this
article and shall achieve compliance with all categorical pretreatment standards, local rules, and the
prohibitions required by this article within the time limitations specified by the Florida Department of
Environmental Protection or the Authority, whichever is more stringent. Any facilities necessary for
compliance shall be provided, operated, and maintained at the users expense. Detailed plans describing
such facilities and operating procedures shall be submitted to the Authority for review, and shall be
acceptable to the Authority before such facilities are constructed. A review of such plans and operating
procedures shall no way relieve the user from the responsibility of modifying such facilities as necessary
to produce a discharge acceptable to the Authority under the provisions of this article, or as otherwise
provided by law.
(E) Discharge to Stormwater System Prohibited: No person shall, under any circumstances,
discharge domestic, industrial, medical, holding tank, or other wastewater into the stormwater system.
(F) Private Wastewater Systems: Houses, buildings or properties that are required by other
authority to have sanitary or industrial wastewater facilities and are located where a publicly owned
wastewater system is not available are subject to the jurisdiction of this Ordinance and the Authority and
either shall be equipped with a DOH approved and permitted on-site treatment and disposal system or be
connected to an FDEP permitted wastewater disposal system which complies with the provisions of this
Ordinance and the rules and regulations of the Authority.
SECTION 3.08. CONSTRUCTION AND CONNECTION OF BUILDING SEWERS.
No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb
any wastewater sewer without first obtaining written approval from the owner of the wastewater system.
All installations of building sewers shall be performed by a licensed plumbing or utility contractor, who
shall have valid state or local licenses. No person shall connect roof, foundation, areaway, parking lot,
roadway or other surface runoff or groundwater drains to any sewer that is connected to a wastewater
treatment facility. Surface runoff or groundwater drains shall discharge to natural outlets or storm sewers.
Excavations for building sewer installation shall be adequately guarded with barricades and lights so as
to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the
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course of the work shall be restored in a manner satisfactory to the owner of such public property. Cross-
connections between the potable water supply and any wastewater system are prohibited.
SECTION 3.09. PROTECTION FROM DAMAGE. No person shall maliciously, willfully
or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or
equipment that is part of a water or wastewater system. The cost to repair any damage by any such acts
and/or costs associated with additional treatment or alternative disposal methods required to meet effiuent
or sludge treatment and disposal requirements resulting from said action, shall be assessed to the person(s)
responsible. No person shall discharge directly into a manhole or other opening of a wastewater system
without the prior written approval of the wastewater system owner.
SECTION 3.10.
DISCHARGE PROmBITIONS.
(A) General: All discharges of stormwater, groundwater, roof runoff, subsurface drainage or
other waters not intended to be treated in a wastewater treatment facility shall be made to storm sewers or
natural outlets designed for such discharges. Any connection, drain or arrangement which will permit any
such waters to enter any wastewater sewer shall be deemed to be a violation of this Ordinance and
punishable as such. Stormwater and all other unpolluted drainage shall be discharged to such sewer
systems as are specifically designated as storm sewers, or to a natural outlet approved by the local, state
and federal agencies having jurisdiction. Industrial cooling water or unpolluted process waters may be
discharged to storm sewers, on approval of the local, state and federal agencies having jurisdiction. Except
as hereinafter provided, no person shall discharge or cause to be discharged directly or indirectly any of
the following described wastes, waters, or wastewater to a wastewater system:
(1) Any waste which may result in pass-through or interference as defined herein.
(2) Any wastewater containing more than six-hundred (600) parts per million (ppm) (600 mg/L
by weight) of chlorides.
(3) Any liquid or vapor containing heat in amounts which will accelerate the
biodegradation of wastes, causing the formation of excessive amounts of hydrogen sulfide in the
wastewater sewer or inhibit biological activity in the wastewater treatment facilities; but in no case shall
the discharge exceed one hundred thirty degrees (1300) Fahrenheit or cause the temperature in the
wastewater sewer to exceed one hundred thirty degrees (1300) Fahrenheit or the temperature of the influent
to the treatment facilities to exceed one hundred four degrees (1040) Fahrenheit.
(4) Any wastes, waters, or wastewater which may contain more than seventy-five (75) parts per
million, by weight, of fat, oil or grease, or other substance that will solidify or become viscous at
temperatures between thirty-two degrees (320) Fahrenheit and ninety degrees (900) Fahrenheit.
Interceptors shall be required to handle these wastes in accordance with this Ordinance.
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(5) Any liquids, solids or gases which by reason of their nature or quantity are, or may be,
sufficient either alone or in combination with other substances, to cause fire or explosion or be injurious
in any other way to the integrity and/or operation of the wastewater system. These pollutants shall include,
but are not limited to, waste streams with a closed cup flash-point ofless than one-hundred and forty (140)
degrees Fahrenheit (60 degrees Celsius), using the test methods specified in American Standard Testing
Material Standards D-93-79, D-3278-78. This prohibition does not apply to any aqueous solution
containing less than twenty-four percent (24%) alcohol by volume which would otherwise be a hazardous
waste under 40 CFR 261.21 by virtue of having a closed cup flash-point ofless than one-hundred and forty
(140) degrees Fahrenheit sixty (60) degrees Celsius. Said prohibited materials shall include but not be
limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, ketones, aldehydes, peroxides,
chlorate, perchlorates, bromates, carbonates, hydrides, and sulfides, fuel oil, or any flammable gas, liquid
or solid, or any other substance which the Authority, the County, the State of Florida, or any Federal
agency has determined is a fIre hazard or a hazard to the wastewater collection and treatment system. Any
and all trucked or hauled pollutants are prohibited except at discharge points and at times approved or
established by the Authority.
(6) Any petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in
concentrations that will cause interference or pass-through.
(7) Any noxious, malodorous gas, or substance which, either singly or by interaction with other
waste creates a public nuisance or increases the hazard of entry into a sewer for maintenance and/or repair,
or causes a violation of any Federal or State permits
(8) Any pollutants which result in the presence of toxic gases, vapors, or fumes within the
wastewater system in a quantity that may cause acute worker health and safety problems.
(9) Any wastes, waters, or wastewater that contains more than five parts per million (5.0 ppm)
by weight of hydrogen sulfide, sulfur dioxide or nitrous oxide.
(10) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, glass grindings, rags, offal,
plastics, wood, whole blood, manure, hair, flesh, entrails, tissues, bones, hairy hides, feathers, lime
residues, beer or distillery slops, spent grains, spent hops, chemical residues, fiberglass, paint or ink
residues, cannery waste, bulk solids, polishing wastes, grass or grass clippings, waste paper, gasoline, tar,
asphalt residues from refining, lubricating oil, or any other solid or viscous substance capable of causing
obstruction to the flow in wastewater facilities, or other interference with the proper operation of the
wastewater system without proper pretreatment.
(11) Any wastewater having a pH lower than five point five (5.5), exhibiting any corrosive
property, which either singly or by interaction with other wastes is capable of causing damage to structures,
equipment, surrounding environment, processes, or personnel.
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(12) Any wastewater having a pH higher than nine point five (9.5), which either singly or by
interaction with other wastes is capable of causing damage to structures, equipment, surrounding
environment, processes, or personnel.
(13) Any wastes, waters, or wastewater containing toxic or poisonous substances in such
concentrations, singly or by interaction with other substances, as to constitute a hazard to humans or
animals, or to interfere with any treatment process, or to create any hazard in the receiving waters of the
treatment plant, or which exceeds the limitations set forth in either a User's Permit or a Federal Categorical
Pretreatment Standard. Toxic pollutants shall include, but not be limited to, any pollutant identified
pursuant to 40 CFR Part 116, (4).
(14) Any wastes, waters, or wastewater containing suspended or total solids of such character
and quantity that unusual provisions, attention, or expense is required to handle such materials in a
wastewater system.
(15) Any waste stream that constitutes a rate of discharge or a substantial deviation from normal
rates of discharge ("slug discharge") sufficient to cause interference in the operation and performance of
the wastewater facilities.
(16) Any wastewater that will cause obstruction to the flow in a sewer or interfere with the
operations of the wastewater system, such as but not limited to, particles of garbage with particles which
are greater than one-half inch (112") in size.
(17) Any radioactive wastes or isotopes of such half-life or concentration exceeding limits
established by the Florida Department of Health as set forth in Florida Administrative Code which may
cause damage or create hazardous conditions to human life, animal life, or equipment or personnel, except
when the User is authorized to use radioactive material by the Nuclear Regulatory Commission or other
governmental agency empowered to regulate the use of such materials and when the wastewater is
discharged in strict conformity with current Nuclear Regulatory Commission regulations for safe disposal
and in compliance with all rules and regulations of state and local regulatory agencies.
(18) Any concrete washout, inert suspended solids (such as but not limited to Fullers earth, lime
slurries, and lime residues) or dissolved solids (such as but not limited to, sodium chloride and sodium
sulfate washout from concrete production) in such concentrations as to pass-through or interfere with
equipment or operations.
(19) Any concentrated dye wastes, printing wastes, food coloring, spent tanning solutions, or
other wastes which are highly colored, or wastes which are of unusual volume, concentration of solids or
composition that may create obstruction to the flow in the wastewater system or other interference with
proper operation and treatment at the treatment plant without proper pretreatment.
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(20) Any increase in the use of potable water or process water or any attempt to dilute a
discharge as a partial or complete substitute for adequate treatment to achieve compliance with the
limitations contained in the national pretreatment standards, or any other pollutant-specific limitation
specified in this Article.
(21) Any wastewater with BOD, COD or chlorine in such concentrations and/or flows that
would create or constitute a significant slug load or shock to the wastewater system.
(22) Any toxic or poisonous substances, chemical elements or compounds, taste or odor-
producing substances or any other substances that are not amenable to treatment or reduction by the
wastewater treatment process. Nor shall the discharge be to such a degree that the substances interfere with
the biological processes or efficiency of the wastewater system, or pass-through the wastewater system and
cause the eftluent therefrom, or any other product, to fail to meet applicable federal or state standards.
(23) Any biomedical wastes as defined in State of Florida Department of Health, Chapter 64,
Florida Administrative Code.
(24) Any wastes, waters, or wastewater containing substances which are not amenable to
treatment or reduction by the wastewater treatment processes employed, or are amendable to treatment only
to such degree that the wastewater treatment plant eftluent cannot meet the requirements of federal, state
and local agencies having jurisdiction over discharge of said eftluent.
(25) Any substance that may cause the wastewater system treatment residues, sludge, or scum
to be unsuitable for reclamation and reuse or to interfere with the reclamation process.
(B) Discharge Limitations and Pretreatment Standards: When required by Rule 62-625.400,
Florida Administrative Code, or its successor in function, discharge restrictions, discharge limits and
pretreatment standards shall be established by the Authority, when appropriate, with concentration limits
or mass based loading limits for each wastewater treatment facility.
(C) The discharge of all pesticides and volatile organics shall be maintained below detectable
limits.
(D) Additional parameters for Significant Industrial User's may be developed on a case by case
basis by the owner of the wastewater system.
(E) State of Florida Limitations: no user may discharge to a wastewater system any wastewater
in violation of a State discharge limitations, including, but not limited to regulations contained in Florida
Administrative Code, Chapter 62.
(F) Federal Categorical Pretreatment Standards:
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4155.Interlocal Agreement. Monroe County
(1) Upon the promulgation of Federal Categorical Pretreatment Standards, pursuant to Section
307(b) of the Act, as amended, said standards, if more stringent than any limitation imposed under this
Article, shall apply and it shall be unlawful for any user to discharge into any public sewer in violation of
said standards.
(2) Users subject to Federal Categorical Pretreatment Standards shall submit reports as required
under 40 CFR, Section 403.12. The applicable reporting requirements under 40 CFR, Section 403.12 are
as follows:
( a) Within 180 days of the date of promulgation of a Federal Categorical Pretreatment
Standard, any user discharging a wastewater from a process that is regulated by such standard shall submit
a baseline monitoring report in accordance with the General Pretreatment Regulations, 40 CFR, Part
403. 12(b) and (c).
(b) Within ninety (90) calendar days following the date for final compliance with a
Federal Categorical Pretreatment Standard or, in the case of a new source, following commencement of
the introduction of wastewater into a wastewater system, any user subject to a Federal Categorical
Pretreatment Standard shall submit to the Authority a report in accordance with the General Pretreatment
Regulations, 40 CFR, Part 403.12(d) and (g).
(c) Any user subject to a Federal Categorical Pretreatment Standard, after the
compliance date of such standard, or, in the case of a new source, following commencement of the
introduction of wastewater into a wastewater system, shall submit periodic reports on continued
compliance in accordance with the General Pretreatment Regulations, 40 CFR, Part 403.12(e) and (g).
Sampling conducted for the purpose of completing periodic compliance reports shall be in accordance with
the terms and conditions prescribed in the user's Wastewater Discharge Permit.
SECTION 3.11.
USERS.
WASTEWATER DISCHARGE PERMITS FOR INDUSTRIAL
(A) Determination of Need for Permit: All prospective Significant Industrial Users shall obtain
a Wastewater Discharge Permit from the wastewater system owner prior to discharge into a wastewater
system. The determination as to whether a user is significant will be made based upon the definition of
Significant Industrial User (SID) given in this Article, information provided in initial compliance status
reports, and baseline monitoring reports. For new sources, permits shall be applied for at least ninety (90)
calendar days before commencing discharge.
(B) Permit Conditions:
(1) Wastewater Discharge Permits shall be subject to all provisions of this Article and all other
applicable rules, regulations and fees.
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(2) Permits shall comply with Rule 62-625.500, Florida Administrative Code, or its successor
in function, and may contain any or all of the following conditions:
(a) Limits on the average or maximum wastewater constituents and characteristics
that may be discharged.
(b) Limits on average or maximum rate and time of discharge or requirements for flow
regulation and equalization.
(c) Requirements for installation and maintenance of sampling and monitoring
facilities.
(d) Specifications for monitoring programs, including sample locations; frequency,
number, and types of samples; testing standards, and reporting schedules.
( e) Compliance schedules.
(f) Requirement for submittal of various written reports.
(g) Requirements for maintaining and retaining records related to wastewater discharge
and accidental spills and affording access thereto.
(h) Notification requirements for any new introduction of wastewater constituents or
any substantial change in the volume or character of the wastewater constituents entering a wastewater
system.
(i) Other conditions as deemed appropriate to ensure compliance with this Ordinance.
G) Statement of applicable civil and criminal penalties.
(C) Deleterious Discharges: If any industrial wastewater is discharged or proposed to be
discharged to a wastewater system that contains substances in excess of the standard strength for
wastewater, those discharges may be subject to sewer surcharge fees or charges to defray the additional
cost of receiving, transporting, and treatment of those substances. Such surcharges are in addition to
standard user charges or pretreatment and permitting requirements. The standard strength for wastewater
is defmed as follows:
Standard Strength Maximum Allowable
(1) C.O.D. 500 ppm 1,000 ppm
(2) RO.D. 250 ppm 400 ppm
(3) Suspended Solids (SS) 250 ppm 400 ppm
(4) Total Fats, Oil, and
Grease (TFOG) 75 ppm 150 ppm
(5) Discharges containing quantities of any of the above substances in excess of maximum
allowable strength shall be subject to pretreatment guidelines contained herein.
(D) Permit Modifications: The terms and conditions of a Wastewater Discharge Permit may be
subject to modification at any time as limitations or requirements are modified or other just causes exist.
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Any modifications which result in new conditions in the permit shall include a reasonable time schedule
for compliance, if necessary.
(E) Permit Duration: Permits will be issued for a term of not more than five (5) years, subject
to amendment or revocation as provided in this Ordinance. At least sixty (60) calendar days before
expiration of a permit, the permittee shall submit a permit renewal application.
(F) Limitations on Permit Transfer: Wastewater Discharge Permits shall be issued to a specific
user for a specific operation and are not assignable to another user or transferrable to any other location.
Sale of the source or parent company shall obligate the purchaser to seek a new permit prior to discharge
to a wastewater system.
(G) Periodic Compliance Status Reports: Any significant user whose permit requires
compliance with a Federal Categorical Pretreatment Standard shall submit periodic compliance status
reports in accordance with this Article and any applicable terms and conditions contained in the user's
Wastewater Discharge Permit. Any significant user who is not subject to a Federal Categorical
Pretreatment Standard shall submit periodic written compliance status reports at least twice a year in
accordance with the terms and conditions of its Wastewater Discharge Permit. As a minimum, this written
report shall consist of an indication of the nature and concentration of all pollutants in the wastewater
discharges which are regulated by the standards set forth in the user's Permit. All periodic written
compliance status reports required under this subsection shall be signed and sworn to by the significant
user, a principal executive officer of the significant user's company, or an authorized representative.
(H) Sample Analysis Requirements: Sampling and analysis for the purposes of satisfying the
requirements of this Ordinance shall be performed in accordance with the techniques prescribed in 40 CFR
Part 136 and amendments thereto. Where 40 CFR Part 136 does not contain sampling or analytical
techniques for the pollutant in question, or where the 40 CFR Part 136 sampling and analytical techniques
are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated
analytical methods or any other approved sampling and analytical procedures. Sampling and analytical
procedures shall comply with the requirements of Rule 62-160, Florida Administrative Code, and the
Florida Department of Environmental Protection Standard Operating Procedures for Laboratory Operations
and Sample Collection Activities, DEP-QA-001l92, or their respective successors in function.
(I) Temporary Authority to Discharge: Significant Industrial Users discharging wastewater into
a wastewater system prior to the effective date of this Ordinance are hereby granted temporary authority
to continue to discharge in compliance with existing codes and regulations. This temporary authority shall
expire ninety (90) calendar days after the date of notification to the Significant Industrial User by registered
mail of the requirement for an application to be made for an Industrial Wastewater Discharge Permit
pursuant to this Article or order applicable federal, state or local rule or regulation. Temporary authority
to discharge shall expire on the date the Industrial Wastewater Discharge Permit is issued or denied.
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4155.Interlocal Agreement. Monroe County
SECTION 3.12.
ACCIDENTAL DISCHARGE, UPSET AND BYPASS.
(A) Protection Plan Required: Significant Industrial User's shall be required to establish and
submit for approval a written protection plan for accidental discharge.
(B) Notification of Accidental Discharge, Upset or Bypass: Significant Industrial User's shall
notify the wastewater system owner of each and every accidental discharge, upset or bypass into the
wastewater system. Said notification of accidental discharge, upset or bypass shall not relieve the
Significant Industrial User of any expense, loss, damage, or other liability that may be incurred by said
discharge and may include, but not be limited to, damage to wastewater collection and treatment facilities,
property or receiving waters. Enforcement action, including but not limited to fmes or civil penalties, may
be imposed in accordance with this Ordinance. The Significant Industrial User shall limit the production
process until corrective measures have been taken to prevent additional discharge. Significant Industrial
Users shall establish affirmative defenses to discharge violations.
SECTION 3.13.
NOTIFICATION OF DISCHARGE OF HAZARDOUS WASTES.
(A) Significant Industrial User's shall notify the wastewater system owner and the DEP in
writing of any discharge into a wastewater system of any substance which if otherwise disposed of, would
be hazardous under Chapter 62-730, Florida Administrative Code. Such notification shall be made in
accordance with Rule 62-600(15), Florida Administrative Code and must include the name of the
hazardous waste, the EP A hazardous waste number and the type of discharge (continuous, batch or other).
In addition, such notification shall identify the hazardous constituents contained in the listed waste and
an estimate of the volume of hazardous waste expected to be discharged during the following twelve
months. This requirement shall not apply to pollutants already reported under the self-monitoring
requirements as set forth in this Article.
(B) In the case of any notification made under this section, the Significant Industrial User shall
certify that it has a program in place to reduce the volume and toxicity of wastewater generated to the
degree it has determined to be economically practicable, and that it has selected the method of treatment,
storage, and/or disposal currently available which minimizes the present and future threat to public health,
safety and welfare and to the environment.
SECTION 3.14. GREASE INTERCEPTORS AND OILIW A TERlSAND
SEPARATORS. Grease interceptors, and/or oiVwater!sand separators ("Interceptors") shall be required
in establishments including, but not limited to, food service establishments, transportation/equipment
cleaning establishments, service stations, repair shops, or other commercial or industrial establishments
or facilities where wastes containing grease, oil, flammable material, sand, or other harmful constituent
can be discharged into a wastewater system. A registered engineer acting on behalf of the User shall
determine the type, capacity and location of the Interceptor that shall be subject to and require final written
approval from the wastewater system owner. Interceptors shall not be required for property designated as
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4155. Interlocal Agreement. Monroe County
single or multifamily residences. Interceptors shall be constructed, installed, connected, utilized,
maintained and abandoned in accordance with the requirements of the State of Florida Department of
Health (DOH) and the Authority.
SECTION 3.15. SEPTAGE AND HOLDING TANK WASTES. No person shall discharge
septage or holding tank wastes into a wastewater system without prior written approval from the
wastewater system owner.
SECTION 3.16. INDUSTRIAL PRETREATMENT INSPECTION; POWER AND
AUTHORITY. The County and authorized representatives of the DEP, the EPA, and the wastewater
system owner, bearing proper credentials, are empowered to enter upon property from which industrial
wastewater is being discharged into a wastewater system for the purposes of inspection, monitoring,
sampling, copying of records, or investigation thereof. If entry is denied for the purpose of authorized
monitoring or inspection, a probable cause inspection warrant may be obtained in accordance with Chapter
933, Florida Statutes.
SECTION 3.17.
COMPLIANCE.
ENFORCEMENT ACTION AND PENAL TIES FOR NON-
(A) Operating Upsets:
(I) Any user that experiences an upset in operations that places the user in a temporary
state of non-compliance with this Ordinance shall inform the wastewater system owner within 24 hours
of first awareness of commencement of the upset. The user shall also repeat the sampling and analysis and
submit the results of the repeat analysis within thirty (30) calendar days after becoming aware of the
violation.
(2) Where such information is given orally, the user shall file a written report within 5 calendar
days, providing the following information:
(a) Description of the upset, the cause thereof, and the upset's impact on user's
compliance status.
(b) Duration of non-compliance, including exact dates and times of non-compliance,
and if the non-compliance continues, the time by which compliance is reasonably expected to occur.
(c) All steps taken or to be taken to reduce, eliminate, and prevent reoccurrence of such
an upset or other conditions of non-compliance.
(3) A documented and verified bona fide operating upset for which a written report was timely
filed containing the matters required above shall be an affirmative defense to any enforcement action
against a user for any non-compliance with this Ordinance which arises out of violations alleged to have
occurred during the period of the upset.
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4155. Interlocal Agreement. Monroe County
(4) Written reports shall be signed by the user, a principal executive officer of the user's
company, or an authorized representative.
(B) Records Retention:
(1) Users subject to this Ordinance shall retain and preserve for no less than five years, any
records, books, documents, memoranda, reports, correspondence, and any and all summaries thereof
related to monitoring, sampling, and chemical analyses made by or on behalf of a user in connection with
its regulated discharge.
(2) Records pertaining to matters that are the subject of special orders or any other enforcement
or litigation activities shall be retained and preserved by the user until all enforcement activities have
concluded and all periods of limitation with respect to any and all appeals have expired.
(C) Recovery of Costs Incurred: A user violating any provisions of this Ordinance, or who
discharges or causes a discharge producing an obstruction or a violation, or who causes damage to or
impairs a water or wastewater system shall be liable for any expense, loss, or damage caused by such
violation or discharge.
(D) Falsifying Information: Any person who knowingly makes any false statement or
certification in any application, records, reports, plans, or other documents filed or required to be
maintained pursuant to this Ordinance, or who falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required under this Ordinance, may be punished under the criminal laws of
Florida as well as being subject to civil penalties and relief.
(E) Property Damage: No unauthorized person shall maliciously, willfully, or negligently break,
damage, destroy, uncover, deface, or tamper with any structure appurtenance, or equipment that is part of
a wastewater system. Any person violating this provision shall be punished in accordance with applicable
law.
SECTION 3.18
AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS.
(A) Upset:
(1) For the purposes of this section, "upset" means an exceptional incident in which
there is unintentional and temporary noncompliance with categorical pretreatment standards because of
factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent
caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack
of preventive maintenance, or careless or improper operation.
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4155.Interlocal Agreement. Monroe County
(2) An upset shall constitute an affirmative defense to an action brought for non-
compliance with categorical pretreatment standards if the requirements of subparagraph (3), below, are
met.
(3) A user who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs, or other relevant evidence that:
(a) An upset occurred and the user can identify the cause(s) of the upset;
(b) 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
(c) The user has submitted the following information to the Authority within twenty-four
(24) hours of becoming aware of the upset. In the event such information is provided orally, a written
submission must be provided within five (5) days as follows:
(i) A description of the indirect discharge and cause of noncompliance;
(ii) The period of noncompliance, including exact dates and times or, if not corrected,
the anticipated time the noncompliance is expected to continue; and
(iii) Steps being taken and/or planned to reduce, eliminate, and pre-
vent recurrence of the noncompliance.
(4) In any enforcement proceeding, the user seeking to establish the occurrence of an upset
shall have the burden of proof.
(5) Users will have the opportunity for ajudicial determination on any claim of upset only
in an enforcement action brought for noncompliance with categorical pretreatment standards.
(6) 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.
(B) Prohibited Discharge Standards:
(I) A user shall have an affirmative defense to an enforcement action brought against it for
noncompliance with the prohibitions in Section 3.10 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:
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4155. Interlocal Agreement. Monroe County
(a) 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, and in the case of interference, the user was in
compliance with applicable sludge use or disposal requirements.
(C) Bypass:
(1 ) For the purposes of this section:
(a) "Bypass" means the intentional diversion of waste streams from any portion of
a user's treatment facility.
(b) "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.
(2) 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 subparagraphs (3) and (4) of this section.
(3) Ifa user knows in advance of the need for a bypass, it shall submit prior notice to the
Authority, at least ten (10) days before the date of the bypass, if possible.
(4) A user shall submit oral notice to the Authority 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 Authority may waive the written report on a case-by-case basis if the oral
report has been received within twenty-four (24) hours.
(5) A bypass is prohibited, and the Authority or the County may seek an enforcement action
against a user for a bypass, unless
(a) The bypass was unavoidable to prevent loss of life, personal injury, or severe
property damage;
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4155.Interlocal Agreement. Monroe County
(b )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
section.
(c) The user submitted notices as required under subparagraph (C)(3) of this
(6) The Authority may approve an anticipated bypass, after considering its adverse effects,
if the Authority determines that the anticipated bypass will meet the three conditions listed in subparagraph
(C)(5) of this section.
SECTION 3.19. PUBLICATION OF SIGNIFICANT VIOLATORS. On an annual basis
a listing may be published, in the largest daily newspaper circulated in the area where the wastewater
system is located, of those Users which during the previous twelve (12) months were in significant
non-compliance with applicable standards and requirements as defined in this Ordinance.
SECTION 3.20. CONFIDENTIALITY. Information and data concerning individual Users
obtained from reports, questionnaires, permit applications, permits, monitoring programs, inspections and
sampling activities shall be available to the public or other governmental agencies without restriction
unless the User specifically requests and is able to demonstrate that the release of such information, would
divulge information, processes or methods of production entitled to protection as trade secrets of the User
in accordance with Section 403.11, Florida Statutes. Any such request must be asserted at the time of
submission of the information or data. When properly requested and demonstrated by the User, the
portions of information received from the User which might disclose trade secrets or secret processes shall
not be made available for inspection by the public but shall be made available upon request to
governmental agencies for uses related to this Ordinance, the NPDES Permit, and the DEP Disposal
System Permit and/or Pretreatment Programs; however, such portions of information received shall be
available for use in judicial review or enforcement proceedings involving the User. Wastewater
constituents and characteristics and other effiuent data shall not be recognized as confidential information
and shall be available to the public without restriction. Information accepted as confidential shall not beetransmitted to any governmental agency without written notification to the User at least ten (10) days prior
to transmittal of said information.
ARTICLE IV
GENERAL PROVISIONS
SECTION 4.01.
ENFORCEMENT AND PENAL TIES.
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(A) Violations of this Ordinance may be prosecuted by a Monroe County code enforcement
officer as authorized by Chapter 162, Florida Statutes, a notice of hearing issued under Chapter 162 and
Section 162.12, Florida Statutes, a notice to appear in County Court issued under Section 162.23, Florida
Statues, a citation issued pursuant to Section 162.21, Florida Statutes, or by any other method authorized
by law for assuring compliance with the terms of this Ordinance, including suits for injunctive relief and
code enforcement proceedings brought pursuant to Section 125.69, Florida Statutes.
(B) Pursuant to Section 125.69, Florida Statues, violations of this Ordinance may be prosecuted
in the same manner as misdemeanors, punishable by a fine not to exceed $2000, or by imprisonment in the
county jail not to exceed 60 days, or by both such fine and imprisonment, and by a civil penalty not to
exceed $2000 per violation per day. However, if it is determined that the violation was irreparable or
irreversible in nature, a fine not to exceed $5000 per violation may be imposed pursuant to Section 162.09,
Florida Statutes. In determining the amount of any fme levied pursuant to Section 162.09, Florida Statutes,
the following factors shall be considered:
(1) the gravity of the violation;
(2) any actions taken by the violator to correct the violation; and
(3) any previous violations committed by the violator.
(C) Each day in violation of the provisions of this Ordinance shall constitute a separate offense.
(D) The Authority is also hereby authorized to disconnect water service for a violation of the
provisions of this Ordinance subject to the right of the Owner to a pre-termination or post-termination
hearing conducted by the Authority.
SECTION 4.02. SEVERABILITY. The provisions of this Ordinance are severable; and if
any section, subsection, sentence, clause or provision is held invalid by any court of competent jurisdiction,
the remaining provisions of this Ordinance shall not be affected thereby.
SECTION 4.03. ALTERNATIVE METHOD. This Ordinance shall be deemed to provide
an additional and alternative method for the doing of the things authorized hereby and shall be regarded
as supplemental and additional to powers conferred by other laws, and shall not be regarded as in
derogation of any powers now existing or which may hereafter come into existence. This Ordinance, being
necessary for the welfare of the inhabitants of the County and the Florida Keys, shall be liberally construed
to effect the purposes hereof.
SECTION 4.04. REPEALING CLAUSE. Ordinance No. 04-2000, or parts thereof, in
conflict with the provisions herein contained are, to the extent of any such conflict, hereby superseded and
repealed.
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4155. Interlocal Agreement. Monroe County
SECTION 4.05. EFFECTIVE DATE. A certified copy of this Ordinance shall be filed in
the Department of State by the Clerk of the Board of County Commissioners within ten (10) days after
enactment by the Board of County Commissioners and shall take effect when official acknowledgement
has been received from that office that the same has been filed.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the day of , 2001.
Mayor George Neugent
Commissioner Charles McCoy
Commissioner Murray Nelson
Commissioner Dixie Spehar
Commissioner Nora Williams
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairperson
jdordFKAAsewer
J :\BONDS\2000\4155\Interlocal Agreement\Monroe County\Draft.l +. wpd
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