Page 1

DIVISION 3. - SEWER USE ORDINANCE[3]

Footnotes:

--- (3) ---

Editor's note—Ord. No. 98-28, adopted Sept. 1, 1998, supersedes and replaces Ord. No. 91-39, which had been codified as §§ 2-31-40—2-31-50.153 and pertained to similar subject matter. The provisions of Ord. No. 98-28 have been included as a new Div. 3, §§ 2-31-40—2-31-50.3 and the sections assigned by the ordinance have been retained in the history note.

Cross reference— Fees and charges, § 3-12-28.

Sec. 2-31-40. - General provisions.

(a) Statement of purpose and policy. This division sets forth uniform requirements applicable to all users of the publicly owned treatment works for the County of Manatee and enables the county to comply with all applicable state and federal laws, including the Clean Water Act (33 United States Code § 1251 et seq.) and the General Pretreatment Regulations (Chapter 62-625, Florida Administrative Code (F.A.C.)). This division authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; and requires user reporting. This division supersedes and replaces Manatee County Ordinance 91-39.

(b) Objectives. The objectives of this division are:

(1) To prevent the introduction of pollutants into the publicly owned treatment works that will interfere with its operation;

(2) To prevent the introduction of pollutants into the publicly owned treatment works that will pass through the publicly owned treatment works, inadequately treated, into an effluent reuse system or receiving waters, or otherwise be incompatible with the publicly owned treatment works;

(3) To protect both publicly owned treatment works personnel who may be affected by wastewater and biosolids in the course of their employment and the general public;

(4) To establish fees for the equitable distribution of the cost of operation, maintenance, and improvement of the publicly owned treatment works;

(5) To enable the county to comply with its Florida Department of Environmental Protection plant operating permit conditions, biosolids use and disposal requirements, and any other federal or state laws to which the publicly owned treatment works is subject;

(6) To improve opportunities to recycle and reclaim wastewater and biosolids;

(7) To provide for the proper operation and maintenance of the sanitary sewer collection system;

(8) To prevent the intentional or accidental release or discharge of sewage, other wastewater, or residuals, without providing proper treatment, to the surface of the ground or surface water body;

(9) To prevent the introduction of excessive amounts of grease into the sanitary sewer collection system; and

(10) To prevent blockages and sewer overflows onto streets and into buildings caused by accumulations of grease in the sanitary sewer collection system.

(c) Administration. Except as otherwise provided herein, the director of the utilities department or his/her duly authorized representatives shall administer, implement and enforce the provisions of this division.

Page 2

Any powers granted to or duties imposed upon the director of the utilities department may be delegated to the wastewater division manager, industrial compliance manager, or other county personnel.

(d) Abbreviations. The following abbreviations, when used in this division, shall have the designated meanings:

BMP: Best management practice

BMR: Baseline monitoring report

BOD: Biochemical oxygen demand

BPJ: Best professional judgment

CBOD: Carbonaceous biochemical oxygen demand

CFR: Code of Federal Regulations

CIU: Categorical industrial user

COD: Chemical oxygen demand

EPA: U.S. Environmental Protection Agency

F.A.C.: Florida Administrative Code

FDEP: Florida Department of Environmental Protection

FOG: Fats, oils, and grease (animal/vegetable/mineral origin)

FSF: Food service facility

gpd: gallons per day

IU: Industrial user

mg/l: milligrams per liter

NSCIU: Non-significant categorical industrial user

POTW: Publicly owned treatment works

RCRA: Resource Conservation and Recovery Act

SIC: Standard industrial classification

SIU: Significant industrial user

SNC: Significant noncompliance

SSO: Sanitary sewer overflow

TSS: Total suspended solids

U.S.C.: United States Code

(e) Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this division, shall have the meanings hereinafter designated:

Act or the Act. The Federal Water Pollution Control Act, also known as the Clean Water Act, 33 U.S.C. § 1251 et seq., as amended.

Page 3

Approval authority. State of Florida Department of Environmental Protection.

Authorized representative of the user.

(1) If the user is a corporation:

a. The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation; or

b. The manager of one or more manufacturing, production, or operation facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, initiating and directing other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations, and ensuring that the necessary systems are established or actions taken to gather complete and accurate information for wastewater discharge permit requirements, where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(2) If the user is a partnership or sole proprietorship, a general partner or proprietor, respectively.

(3) If the user is a federal, state, or local governmental facility, a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his/her designee.

(4) The individuals described in subparagraphs (1) through (3) above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the user, and the written authorization is submitted to the county.

Baseline monitoring report or BMR. A report that documents a user's compliance status with all applicable pretreatment standards.

Best management practices or BMPs. Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in this division and 40 CFR §§ 403.5(a) and 403.5(b), as amended. This definition includes treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

Best professional judgment or BPJ. A determination made after consideration of all reasonably available and pertinent data or information.

Biochemical oxygen demand or BOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at twenty (20) degrees centigrade, usually expressed as a concentration (e.g., mg/l).

Biosolids. The nonhazardous and recyclable organic matter resulting from the treatment of wastewater.

Blackwater. The part of domestic wastewater carried off by toilets, urinals, and kitchen drains.

Board. The Board of County Commissioners of Manatee County.

Bypass. The intentional diversion of wastewater streams from or around any portion of an industrial or commercial user's private sewage disposal system, treatment facility, or other control facility.

Carbonaceous biochemical oxygen demand or CBOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures while inhibiting the nitrogenous demand, usually expressed as a concentration (e.g., mg/l).

Categorical industrial user or CIU. An industrial user subject to a categorical pretreatment standard.

Page 4

Categorical pretreatment standard or categorical standard. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. § 1317, as amended) which apply to a specific category of users and which appear in Rule 62-625.410, Florida Administrative Code (F.A.C.), as amended.

Chemical oxygen demand or COD. The quantity of oxygen utilized in the chemical oxidation of all matter, both organic and inorganic, in water under standard laboratory procedures and conditions of oxidizing agent, temperature and time, usually expressed as a concentration (e.g., mg/l).

Collection system. The combined lines, pipes, conduits, manholes, and other structures, usually underground, which convey wastewater to the county's wastewater treatment plants.

Commercial sewage waste. Non-toxic, non-hazardous wastewater from commercial facilities, including, but not limited to, commercial and institutional food service facilities, commercial laundry facilities with no more than four (4) washing machines, and animal holding facilities.

Compliance schedule. The period of time approved by the director for a user or waste hauler to comply with permit conditions or discharge requirements.

Composite sample. A sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.

County. The County of Manatee, Florida.

Daily discharge. The discharge measured during a calendar day or any twenty-four (24) hour period that reasonably represents the calendar day for purposes of sampling as approved by the director. Typically the calendar day from 12:00 midnight to 11:59 p.m. is used. However, a permittee may specify any other twenty-four-hour period that corresponds to staffing shifts and their reporting day. In any case, the same period of time must be used consistently for purposes of reporting and must not vary from one day to another.

Daily maximum. The arithmetic average of all effluent samples for a pollutant collected during a calendar day.

Daily maximum limit. The maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken during that day.

Director. The director of the Manatee County Utilities Department, or his/her duly appointed and authorized deputies, agents, or representatives.

Domestic wastewater. The liquid and solid water-carried wastes derived from the ordinary living processes of humans of such character as to permit satisfactory disposal, without special pretreatment, into the public sewer or by means of a private disposal system.

Effluent reuse system. The network of pumps, lines, pipes, and fixtures which provide treated wastewater from any of the county's wastewater treatment plants to any customer for the purpose of using the treated wastewater that complies with the Florida Administrative Code requirements for any useful purpose.

Environmental Protection Agency or EPA. The U.S. Environmental Protection Agency or, where appropriate, the regional water management division director, or other duly authorized official of said agency.

Existing source. Any source of discharge that is not a new source.

Florida Building Code. The current edition of the Florida Building Code with all amendments and supplements.

Florida Plumbing Code. The current edition of the Florida Plumbing Code with all amendments and supplements.

Page 5

Food service facility or FSF. Any facility or commercial entity which discharges wastewater into the county's sanitary sewer collection system, is operated for the purpose of manufacturing, packaging, storing, preparing, serving, or otherwise handling food for sale to other entities or consumption by its members, employees, or the public, and has any operation, process, or device that uses or produces fats, oils, or grease. This definition includes, but is not limited to, food courts, manufacturers, packagers, restaurants, grocery stores, bakeries, caterers, bars, lounges, hospitals, hotels, motels, nursing homes, churches, schools, detention centers, prisons, and mobile food vendors. This definition does not include a limited food preparation establishment.

Garbage. Refuse accumulation of animal, fruit, vegetable, or mineral matter resulting from the manufacture, storage, preparation, processing, handling, or consumption of food.

Garbage disposal or grinder. A device which shreds or grinds waste materials into smaller portions for discharge into a sanitary sewer collection system.

Grab sample. A sample which is taken from a wastewater stream without regard to the flow in the wastewater stream and over a period of time not to exceed fifteen (15) minutes.

Gray water. Wastewater generated from hand washing, bathing, showering, dishware washing, clothes washing, and food preparation. This definition also means all liquid contained in a grease interceptor located below the floating grease layer and above the food solids layer.

Grease or FOG. Fats, oils, waxes, and other related constituents which may be present in the wastewater system as a floatable solid, liquid, colloid, emulsion, or in a solution. This definition encompasses substances of animal or vegetable origin, including, but not limited to, butter, lard, margarine, vegetable fats and oils, and fats in meats, cereals, seeds, nuts, and certain fruits. This definition also encompasses substances of mineral origin, including, but not limited to, kerosene, lubricating oil, and road oil.

Grease interceptor. A multi-compartment grease control device which is constructed in different sizes, generally located underground between a food service facility and the connection to the county's sanitary sewer collection system, and primarily uses gravity to separate fats, oils, and grease from the wastewater as it moves from one (1) compartment to the next. This device must be cleaned and maintained with the fats, oils, and grease removed and disposed of at regular intervals to be effective.

Grease recycling or disposal facility. A facility engaged in either recycling of beneficial elements of waste grease, or other means of waste grease disposal approved by FDEP that complies with the Florida Administrative Code requirements, or both.

Grease trap. A grease control device which serves individual fixtures, has a limited effect, and is used in locations where a grease interceptor is determined to be impossible or impractical. This device may be used in connection with a grease interceptor.

Groundwater. Water beneath the surface of the ground whether or not flowing through known and definite channels.

Hazardous waste. Solid wastes or combination of wastes which, because of their quantity, concentration, or physical, chemical, or infectious characteristics, may cause or significantly contribute to an increase in mortality or serious irreversible or incapacitating reversible illness or pose a substantial present or potential hazard to human health or the environment when improperly transported, stored, treated, disposed of, or otherwise managed.

Indirect discharge or discharge. The introduction of pollutants into the county's sanitary sewer collection system from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act, as amended.

Industrial waste. All liquid or water-carried wastes from industrial or commercial processes, as opposed to domestic wastewater.

Instantaneous maximum discharge limit or instantaneous limit. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.

Page 6

Interference. A discharge which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the county's treatment system, processes, or operations or its biosolids processes, use, or disposal; and therefore, is a cause of a violation of the county's FDEP permit or of the prevention of sewage biosolids use or disposal in compliance with any of the following statutory or regulatory provisions, as amended, or permits issued thereunder, or any more stringent state or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection and Sanctuaries Act.

Limited food preparation establishment. Any facility or commercial entity which does not discharge wastewater containing a significant amount of fats, oils, or grease into the county's sanitary sewer collection system, is engaged only in reheating, hot holding, or assembly of ready-to-eat food products, and does not use any operation, process, or device that changes the form, flavor, or consistency of food.

Local discharge limits or local limits. Those discharge limits developed and enforced by the county and adopted by resolution of the board to implement any general or specific prohibitions set forth in Chapter 62-625, Florida Administrative Code (F.A.C.), as amended, or to satisfy any other discharge requirement imposed on the county by the EPA, FDEP, or any other agency.

Manifest. The recordkeeping system used for identifying the concentration, quantity, composition, origin, routing, and destination of waste during transportation from the point of generation to the point of disposal, storage, or treatment as required by the county.

Mass emission rate. The weight of material discharged to the county's publicly owned treatment works (POTW) during a given time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of a particular constituent or combination of constituents.

Medical waste. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, fomites, etiologic agents, and dialysis wastes.

Monthly average. The sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

Monthly average limit. The highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

New source.

(1) Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act, as amended, which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

a. The building, structure, facility, or installation is constructed at a site at which no other source is located; or

b. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

c. The production or wastewater generating processes of the building, structure, facility, or installation is substantially independent of an existing source at the same site. In determining whether the sources are substantially independent, factors such as the extent to which the new facility is integrated with the existing source, and the extent to which the facility is engaged in the same general type of activity as the existing source, should be considered.

(2) 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 subparagraph (1)b. or (1)c. above but otherwise alters, replaces, or adds to existing process or production equipment.

Page 7

(3) Construction of a new source as defined under this paragraph is deemed to have commenced if the owner or operator has:

a. Begun, or caused to begin, as part of a continuous onsite construction program:

1. Any placement, assembly, or installation of facilities or equipment; or

2. 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 a new source facilities or equipment; or

b. Entered into a binding contractual obligation for the purchase of facilities or equipment which is intended to be used 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 paragraph.

Noncontact cooling water. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

Non-significant categorical industrial user or NSCIU. An industrial user subject to categorical pretreatment standards that is not a significant industrial user as determined by the director.

Officer. A person employed by the county as an enforcement compliance officer or industrial compliance inspector.

Pass through. A discharge which exits any of the county's wastewater treatment plants into waters of the United States or effluent reuse system in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the county's FDEP permit, including an increase in the magnitude or duration of a violation.

Permittee. A person who has been issued a wastewater discharge permit.

Person. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.

pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.

Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, grease, sewage biosolids, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural, and industrial wastes, dissolved organic or inorganic wastes, and certain characteristics of wastewater, including, but not limited to pH, temperature, TSS, turbidity, color, BOD, CBOD, COD, toxicity, or odor.

Pretreatment. The 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 any of the county's wastewater treatment plants. This reduction or alteration can be obtained by physical, chemical, or biological processes; process changes; or other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

Pretreatment requirements. Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

Pretreatment standards or standards. Prohibited discharge standards, categorical pretreatment standards, and local limits.

Private sewage disposal system. A collecting, treating, and/or disposal facility installed, maintained, and owned by persons other than the county which discharges into an on-site drainfield or the county's sanitary sewer collection system.

Process wastewater. Any wastewater contaminated by human activities, including, but not limited to, that originating from manufacturing, agriculture, processing, rinsing, washing, or producing.

Page 8

Prohibited discharge standards or prohibited discharges. Absolute prohibitions against the discharge of certain substances.

Publicly owned treatment works or POTW. A "treatment works" as defined by Section 212 of the Act (33 U.S.C. § 1292, as amended) which is owned by the county. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any pumping stations, lines, pipes, manholes, or conveyances which convey wastewater to a treatment plant.

Pump and return or decanting. The removal of all wastes from and the return of the separated gray water to a grease interceptor.

Sanitary sewer overflow or SSO. The release or discharge of untreated or partially treated wastewater from any sanitary sewer collection system, transmission system, or wastewater treatment plant to the surface of the ground or surface water body.

Septic tank waste or septage. Any sewage from water tight holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

Sewage. Human excrement and gray water (household showers, dish washing operations, etc.).

Significant industrial user or SIU. Except as otherwise provided in paragraph (3) of this definition:

(1) A user subject to categorical pretreatment standards; or

(2) A user that:

a. Discharges an average of twenty-five thousand (25,000) gallons per day (gpd) or more of process wastewater to any of the county's wastewater treatment plants (excluding sanitary sewage, noncontact cooling water, and boiler blowdown wastewater);

b. Contributes a process wastewater stream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of any of the county's wastewater treatment plants; or

c. Is designated as such by the county on the basis that it has a reasonable potential for adversely affecting the county's operations or for violating any pretreatment standard or requirement.

(3) Upon a finding that a user meeting the criteria in subsection (2) has no reasonable potential for adversely affecting the county's operations or for violating any pretreatment standard or requirement, the county may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in Rule 62-625.500(2)(E), Florida Administrative Code (F.A.C.), as amended, determine that such user should not be considered a significant industrial user.

Skimming. The removal solely of surface-floating grease and debris from a grease interceptor.

Slug load or slug. Any discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the publicly owned treatment works (POTW) regulations, local limits, or permit conditions.

Solids interceptor. A multi-compartment solids control device designed to recover food waste from sinks, garbage disposals, grinders, and dishwashers through principles of filtration and gravity separation. Food waste is retained in a removable filtration chamber as wastewater flows through the device, passing first through the filtration chamber and then into the main body chamber, before exiting into the drain line. This device must be cleaned and maintained with the retained food solids removed and disposed of at regular intervals to be effective.

Standard Industrial Classification (SIC) Code. A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.

Page 9

Stormwater. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

Suspended solids. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.

Toxic organics. Any toxic organic compound identified in 40 CFR § 401.15, as amended, or appearing on any total toxic organic list as set forth for certain categorical industries in 40 CFR §§ 413, 433, 464, 465, 468, and 469, as amended.

Upset. 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 improper operation.

User, industrial user, or IU. Any person discharging wastewater into the county's sanitary sewer collection system, including any food service facility.

Waste cooking oil hauler. Any person carrying on or engaged in vehicular transport of used or spent cooking oil.

Waste cooking oil recycling or disposal facility. A facility engaged in either recycling of beneficial elements of used or spent cooking oil for resale, or converting used or spent cooking oil through chemical or biological means into base elements, such as carbon dioxide and water, which can subsequently be discharged into the county's sanitary sewer collection system.

Waste hauler. Any person carrying on or engaged in vehicular transport of septage, industrial waste, or grease as part of or incidental to any business for the purpose of discharging the septage or industrial waste into the county's publicly owned treatment works (POTW) or the grease at a grease recycling or disposal facility.

Wastewater. Liquid and water-carried industrial waste, commercial sewage waste, and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, institutions, and food service facilities, whether treated or untreated, which are introduced into the county's publicly owned treatment works (POTW).

Wastewater discharge permit. The permit issued by the county stipulating the conditions under which a user may discharge to the county's publicly owned treatment works (POTW). Unless specifically identified, this definition includes an individual wastewater discharge permit and a general wastewater discharge permit.

Wastewater treatment plant or treatment plant. That portion of the publicly owned treatment works (POTW) which is designed to provide treatment of sewage, commercial sewage waste, and industrial waste.

Waters of the state. Any surface water or groundwater located within the boundaries of the State of Florida or over which the State of Florida exercises jurisdiction.

(Ord. No. 98-28, § 1, 9-1-98; Ord. No. 05-69, § 1, 10-25-05; Ord. No. 12-21, § 1, 5-22-12; Ord. No. 16-12, §§ 1—3, 4-12-16)

Sec. 2-31-41. - General sewer use requirements.

(a) Prohibited discharge standards.

(1) General prohibitions. No person or user, including an owner or operator of a private sewage disposal system, shall introduce or cause to be introduced into the county's sanitary sewer collection system any pollutant or wastewater which causes pass through or interference. No person or user, including an owner or operator of a private sewage disposal system, shall intentionally release or discharge sewage, other wastewater, or residuals, without providing proper treatment, to the surface of the ground or surface water body. These general prohibitions

Page 10

apply to all users of the sanitary sewer collection system, whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements.

(2) Specific prohibitions. No person or user shall introduce or cause to be introduced into the county's sanitary sewer collection system the following pollutants, substances, or wastewater:

a. Pollutants which create a fire or explosive hazard in the sanitary sewer collection system, including, but not limited to, wastewater streams with a closed-cup flashpoint of less than 140°F (60°C) using the test methods specified in Chapter 62-730, Florida Administrative Code (F.A.C.), as amended;

b. Wastewater having a pH less than 5.0 or more than 11.5, or otherwise causing corrosive structural damage to the POTW or equipment;

c. Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference, but no solids greater than fifteen (15) millimeters in any dimension;

d. Pollutants, including oxygen-demanding pollutants (BOD, CBOD, COD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the county's receiving wastewater treatment plants;

e. Heat in amounts which will inhibit biological activity in a wastewater treatment plant resulting in interference, but no heat in any quantity that results in the discharge from the wastewater treatment plant having a temperature greater than 104°F (40°C), unless the director approves alternate temperature limits in accordance with Rule 62-302.520, Florida Administrative Code (F.A.C.), as amended;

f. Petroleum oil, nonbiodegradeable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;

g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause corrosion or destruction of pumps, lines, pipes, manholes, or other portions of the POTW or acute worker health or safety problems;

h. Trucked or hauled pollutants, except at discharge points designated by the director in accordance with this division;

i. Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or safety hazard, or to prevent entry into the sewers for maintenance or repair;

j. Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the county's FDEP permit;

k. Wastewater containing any radioactive wastes or isotopes, except in compliance with applicable state or federal regulations;

l. Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the director;

m. Biosolids, screenings, or other residues from the pretreatment of industrial wastes;

n. Medical wastes, except as specifically authorized by the director in a wastewater discharge permit;

o. Wastewater causing, alone or in conjunction with other sources, a treatment plant's effluent to fail toxicity testing, or rendering the treatment plant's effluent unsuitable or unusable for reuse, including agricultural or landscape irrigation;

Page 11

p. Detergents, surface-active agents, or other substances which may cause excessive foaming, interference, or pass-through in the POTW;

q. Wastewater causing two (2) readings on an explosion hazard meter at the point of discharge into the POTW or at any point in the POTW of more than five (5) percent, or any single reading over ten (10) percent, of the lower explosive limit of the meter;

r. Fats, oils, or greases of animal or vegetable origin in concentrations that cause or have the potential to cause blockages or overflows in the POTW; or

s. Chemicals, solvents, enzymes, emulsifiers, or other grease cutters or additives designed to liquefy or emulsify the captured grease so it can pass into the POTW.

(3) The pollutants, substances, and wastewater prohibited in paragraph (2) above shall not be processed or stored in such a manner that they could be discharged into Manatee County's sanitary sewer collection system.

(b) National categorical pretreatment standards. The categorical pretreatment standards found in Rule 62-625.410, Florida Administrative Code (F.A.C.), are hereby incorporated as if fully set forth herein, and all users shall comply with said standards.

(1) Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the director may impose equivalent concentration or mass limits in accordance with Rule 62-625.410(4), Florida Administrative Code (F.A.C.).

(2) When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the director may convert the limits to equivalent limitations expressed either as mass of pollutant discharges per day or effluent concentration for purposes of calculating effluent limitations applicable to individual industrial users.

(3) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the director shall impose an alternate limit using the combined wastestream formula in Rule 62-625.410(6), Florida Administrative Code (F.A.C.).

(4) A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in Rule 62-625.700, Florida Administrative Code (F.A.C.), that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.

(5) A user may obtain a net gross adjustment to a categorical pretreatment standard in accordance with Rule 62-625.820, Florida Administrative Code (F.A.C.).

(6) The director may determine that a user subject to categorical pretreatment standards is a non-significant categorical industrial user rather than a significant industrial user upon finding that the user never discharges more than one hundred (100) gallons per day (gpd) of total categorical wastewater (excluding sanitary sewage, noncontact cooling water, and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:

a. The user, prior to the director's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;

b. The user annually submits the certification statement required by subsection 2-31-45(g) of this division, together with any additional information necessary to support the certification statement; and

c. The user never discharges any untreated concentrated wastewater.

(c) Local limits.

(1) No person shall discharge wastewater containing pollutants in excess of the local limits established for the county's wastewater treatment facilities using standard procedures, calculations, and methods acceptable to FDEP to protect against pass through, interference, protection of wastewater treatment facility employees, and adverse effects on wastewater

Page 12

residuals disposal. No industrial user shall discharge process wastestreams, unregulated wastestreams, or diluted wastestreams in excess of the concentrations set forth by the director. The local limits shall be established by resolution adopted by the board following review and approval by FDEP. The local limits shall become effective as provided in said resolution. Local limits shall be included as permit conditions and attached to each wastewater discharge permit.

(2) The established local limits are subject to change by resolution adopted by the board, and shall be modified as needed based on regulatory requirements and standards, wastewater treatment facilities operation, performance and processes, industrial user base, potable water quality, and domestic wastewater characteristics. Modifications to the established local limits must be reviewed and approved by FDEP prior to adoption of a resolution by the board. Any new or modified local limits shall become effective as provided in said resolution. New or modified local limits shall be included as permit conditions and attached as an addendum to each wastewater discharge permit.

(3) The established local limits apply at the point where the wastewater is discharged to Manatee County's sanitary sewer collection system. All concentrations for metallic substances are for "total" metals unless indicated otherwise. The director may impose mass limitations in addition to, or in place of, concentration-based limitations.

(4) A copy of the approved local limits is available upon request at the Manatee County Utilities Department Office of Industrial Compliance, and a copy of the resolution adopting or modifying the local limits is available from the clerk to the board.

(d) County's right of revision. Manatee County reserves the right to establish, by resolution or in wastewater discharge permits, more stringent standards or requirements on discharges to Manatee County's sanitary sewer collection system. Manatee County reserves the right to establish, by resolution or in wastewater discharge permits, best management practices (BMPs) to implement the local limits and the requirements of subsection (a) of this section.

(e) Dilution. No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The director may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.

(Ord. No. 98-28, § 2, 9-1-98; Ord. No. 05-69, §§ 2—4, 10-25-05; Ord. No. 12-21, § 2, 5-22-12; Ord. No. 16-12, §§ 4, 5, 4-12-16)

Sec. 2-31-42. - Pretreatment of wastewater.

(a) Pretreatment facilities. Users shall provide wastewater treatment as necessary to comply with this section and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in section 2-31-41(a) within the time limitations specified by EPA, the state, or the director, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the director for review, and shall be acceptable to the director before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the County of Manatee under the provisions of this division.

(b) Additional pretreatment measures.

(1) Grease, oil, and sand interceptors shall be provided when, in the opinion of the director, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interceptor units shall be of a type and capacity approved by the director and shall be so located to be easily

Page 13

accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at the user's expense.

(2) Users with the potential to discharge fats, oil or grease shall comply with the provisions of this division and applicable county ordinances regulating such discharge.

(3) Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

(4) The director may require users to restrict their discharge during peak flow periods, designate certain wastewater to be discharged only into specific sections of the collection system, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and comply with other conditions as may be necessary to protect the POTW and maintain the user's compliance with the requirements of this division.

(5) The director may require any person discharging into the POTW to install and maintain, on such person's property and at such person's expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.

(c) Accidental discharge/slug control plans. At least once every two (2) years, the director shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The director may require any user to develop, submit for approval, and implement such a plan. Alternatively, the director may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following:

(1) Description of discharge practices, including nonroutine batch discharges;

(2) Description of stored chemicals;

(3) Procedures for immediately notifying the county of any accidental or slug discharge, as required by this division; and

(4) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage area, handling and transfer of materials, loading and unloading of storage areas, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.

(d) Hauled wastewater and grease waste.

(1) Domestic septic tank waste and grease waste may be introduced into a county wastewater treatment plant only at locations designated by the director, and at such times as are established by the director. Grease and wastes removed from grease interceptors and grease traps may be disposed of at a grease recycling or disposal facility or solid waste disposal facility. Such waste shall not violate this division or any other ordinances or requirements established by the county. All septic tank waste haulers and grease waste haulers shall obtain individual or general wastewater discharge permits as required by the director. It shall be a violation for any waste hauler to pump out or clean a septic tank or grease interceptor without a valid wastewater discharge permit.

(2) All haulers of industrial waste shall obtain individual or general wastewater discharge permits as required by the director. All generators of hauled industrial waste shall obtain individual or general wastewater discharge permits as required by the director. The director may prohibit the discharge of hauled industrial waste into the POTW. The discharge of hauled industrial waste is subject to all other requirements of this division.

(3) Industrial waste haulers may discharge loads only at locations designated by the director. No load may be discharged without prior consent of the director. The director may collect samples of each hauled load to ensure compliance with applicable standards, and each waste hauler shall pay the full cost of any analysis of such samples. The director may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.

Page 14

(4) Industrial waste haulers who discharge at a county facility shall comply with the requirements for manifests for every load. The manifest form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes. The manifest shall be signed and logged in prior to a discharge.

(5) A waste hauler shall notify the director of any accident, spill, or other discharge of grease or gray water within the area served by the county's sanitary sewer collection system as soon as possible, but no later than twenty-four (24) hours after the incident. The waste hauler shall comply with all federal, state, and local regulations and shall be responsible for all cleanup procedures and costs.

(6) The director and officer shall have the right to inspect any vehicles used by waste haulers for transportation or discharge of domestic wastewater, industrial waste, or grease waste.

(7) It shall be a violation for any person to fail to comply with the requirements of this subsection.

(e) Food service facilities.

(1) Applicability.

a. In addition to any other requirements of the Florida Plumbing Code, all food service facilities connected to the county's sanitary sewer collection system shall have a grease trap or grease interceptor.

b. If a building permit is issued for construction of a new food service facility or for renovation or expansion of an existing building to construct a new food service facility on or after the effective date of this subsection, such food service facility shall be required to install, operate, and maintain a grease trap or grease interceptor in compliance with this division. The grease trap or grease interceptor shall be permitted and installed prior to the issuance of a certificate of occupancy or certificate of completion for the building permit. Grease interceptors shall be installed at all new food service facilities, except where physical space is limited and as approved by the director.

c. Any existing food service facility shall be allowed to operate and maintain the existing grease trap or grease interceptor installed prior to the effective date of this subsection, provided that such grease trap or grease interceptor is functioning in a proper and efficient manner. The director may require an existing food service facility to install, operate, and maintain a new grease trap or grease interceptor in compliance with this division or to repair or modify an existing grease trap or grease interceptor if:

1. Renovation or expansion of the kitchen or food preparation area in an existing food service facility will require the issuance of a plumbing permit by the jurisdiction responsible for administration and enforcement of the Florida Plumbing Code;

2. The food service facility has a grease trap or grease interceptor which is undersized, defective, irreparable, or improperly designed or constructed;

3. The food service facility has no grease trap or grease interceptor; or

4. The food service facility is discharging grease in quantities sufficient to cause blockages or sanitary sewer overflows or to require increased maintenance or repairs of the sanitary sewer collection system.

d. Any food service facility that receives a notice from the director to install a grease interceptor shall install the grease interceptor within one hundred eighty (180) days from the date of such notice unless otherwise specified by the director.

(2) General requirements.

a. The use of garbage disposals or grinders is prohibited in all food service facilities unless followed in line by a solids interceptor. Grease interceptors and solids interceptors shall be

Page 15

sized and rated for the discharge of the garbage disposal or grinder. Emulsifiers, chemicals, enzymes, and bacteria shall not be discharged into a garbage disposal or grinder.

b. Grease traps and grease interceptors shall be located in the lateral wastewater line between all fixtures that may introduce grease into a private sewage disposal system or the county's sanitary sewer collection system. Such fixtures include, but are not limited to, sinks, dishwashers, garbage disposals, grinders, food service dumpsters, compactors, automatic hood wash units, floor drains in kitchens, food preparation areas, food storage areas, and any other fixture which may be a potential source of grease. Wastewater from sanitary fixtures such as toilets, bathroom sinks, and other similar fixtures shall not be introduced into a grease trap or grease interceptor.

c. Each food service facility shall be responsible for all costs associated with permitting, installing, inspecting, reinspecting, cleaning, pumping, operating, maintaining, and repairing the grease trap or grease interceptor. All repairs to the grease trap or grease interceptor shall be completed within the time set forth in any written notice by the director or officer.

d. Generators of grease waste shall obtain individual or general wastewater discharge permits as required by the director.

(3) Grease traps.

a. Grease traps shall comply with the applicable requirements of the Florida Plumbing Code for design and shall be installed in accordance with the manufacturer's instructions. Each grease trap shall be equipped with a removable lid or cover on the top surface for inspection, sampling, cleaning, and maintenance as well as a mechanism for secure closing of the lid or cover.

b. The capacity of the grease trap shall correspond to the flow-through rating established in the Florida Plumbing Code.

c. The grease trap shall be equipped with a device to control the rate of flow through the unit. The rate of flow shall not exceed the manufacturer's rated capacity based on gallons per minute for the unit. The flow-through rate of the grease trap shall be calculated in accordance with the procedures established in the Florida Plumbing Code.

d. The grease trap and the flow-control device shall be vented in compliance with the Florida Plumbing Code in effect at the time. The vent shall terminate not less than six (6) inches above the flood-rim level or in accordance with the manufacturer's instructions.

e. Grease traps shall be cleaned and maintained by a waste hauler or food service facility in accordance with a written protocol. Grease traps shall be cleaned and maintained when the total volume of captured grease and solid materials displaces more than thirty (30) percent of the total volume of the unit. Grease traps shall be opened, inspected, cleaned, and maintained at least once every week in accordance with BMPs.

f. Grease and solid materials removed from a grease trap shall be disposed of in the solid waste disposal system of the food service facility or at a grease recycling or disposal facility.

g. The original design of the grease trap shall not be modified unless the manufacturer of the grease trap recommends the modification in writing. Any modification to the grease trap shall be at sole cost, expense, risk, and liability of the food service facility.

h. No water or wastewater with a temperature in excess of 140°F (60°C) shall be discharged into any grease trap.

(4) Grease interceptors.

a. Grease interceptors shall comply with the applicable requirements of the Florida Plumbing Code in effect at the time. Each grease interceptor shall have a minimum of two (2) compartments and shall be capable of separation and retention of grease and storage of settled solids. Each grease interceptor shall be equipped with two (2) hatches on the top surface, one manhole located over each compartment, for inspection, sampling, monitoring,

Page 16

cleaning, and maintenance. Grease interceptors shall be installed in a location outside the building which provides access at all times for inspection, sampling, pumping, cleaning, and maintenance.

b. The grease interceptor shall be designed, installed, and constructed for adequate load-bearing capacity. The capacity of the grease interceptor shall be based on the size and type of operation according to the formula contained in the Florida Plumbing Code. For new construction or renovation of existing food service facilities, any single grease interceptor shall have a minimum capacity of seven hundred fifty (750) gallons and a maximum capacity of one thousand two hundred fifty (1,250) gallons. If a single grease interceptor cannot provide sufficient capacity, installation of grease interceptors in series shall be required. The capacity of a grease interceptor for a food manufacturing, processing, or preparation facility not covered by the Florida Plumbing Code shall be calculated by an engineer based on the mass and type of food manufactured, processed, or prepared, the wastewater volume produced from food manufacture, processing, or preparation, the total hours of operation per day, and a load factor for the equipment installed. In all cases, the size of the grease interceptor shall be sufficient to reduce the flow-through temperature of the gray water to less than 104°F (40°C).

c. Flow control devices shall be required when the water flow through the grease interceptor may exceed its rated flow.

d. Grease interceptors shall be pumped, cleaned, and maintained by a waste hauler permitted by the county. Pumping services shall include the complete removal of all contents, including floating materials, wastewater, bottom sludge, and solids from the grease interceptor. Cleaning services shall include scraping excess solids from the walls, floors, baffles, and all pipework of the grease interceptor. Each food service facility shall inspect its grease interceptor during the pumping procedure to ensure that the grease interceptor is properly cleaned and all fittings and fixtures inside the grease interceptor are functioning properly. Skimming and pump and return are prohibited in any grease interceptor.

e. Each grease interceptor shall be pumped and cleaned when:

1. The floatable grease layer exceeds six (6) inches in depth;

2. The settleable solids layer exceeds eight (8) inches in depth;

3. The grease interceptor is not retaining or capturing grease;

4. The removal efficiency of the grease interceptor is less than eighty (80) percent, as determined by sampling and analysis;

5. The discharge of grease from the grease interceptor exceeds the county's local limits; or

6. The sum of the thickness of the grease layer plus the settleable solids layer, divided by the sum of the thickness of the grease layer plus the settleable solids layer plus the gray water layer, exceeds thirty (30) percent.

In any event, all grease interceptors must be pumped and cleaned at least once every four (4) calendar months. This requirement shall not be waived by use of non-enzymatic bacterial cultures in a grease interceptor.

f. A food service facility may request a variance to reduce the frequency for pumping, cleaning, and maintaining the grease interceptor upon a showing of good cause. The food service facility shall submit a written request for a variance and documentation of the reasons for the frequency variance. The director may approve such variances on a case-by-case basis after considering the following criteria:

1. The days and hours of operation;

2. The number of meals served daily;

Page 17

3. The seating capacity of the food service facility;

4. The kitchen appliances available;

5. The degree of food preparation required (cooking or warming);

6. The number of grease traps in use at the food service facility;

7. BMPs for grease removal implemented at the food service facility;

8. Historical inspection reports of the food service facility;

9. Historical data from downstream lift stations; and

10. Data obtained from the food service facility to establish an appropriate frequency.

g. The director may rescind a variance if the food service facility causes or contributes to a sanitary sewer overflow or monitoring shows an accumulation of fats, oils, or grease in the lateral wastewater line or the county's sanitary sewer collection system downstream of the food service facility's connection.

h. Grease and wastes removed from a grease interceptor shall be disposed of at a grease recycling or disposal facility. Grease, gray water, and solid materials removed from a grease interceptor shall not be returned to any grease interceptor, private sewer line, any portion of the county's sanitary sewer collection system, or the POTW without permission from the director.

i. The original design of the grease interceptor shall not be modified unless the manufacturer of the grease interceptor recommends the modification in writing. Any modification to the grease interceptor shall be at sole cost, expense, risk, and liability of the food service facility.

(5) Alternative grease removal devices and technologies require written approval by the director prior to installation at a food service facility. A food service facility shall submit a written request for an alternative grease removal device or technology. The director may approve such alternative device or technology on a case-by-case basis after considering demonstrated and proven grease removal efficiencies, reliability of operation, and manufacturer's specifications. The director may require the food service facility to furnish analytical data demonstrating grease removal effectiveness or to conduct effluent monitoring. The director may withdraw approval for alternative grease removal devices and technologies at any time based upon good cause.

(6) Each food service facility shall implement BMPs to minimize the discharge of fats, oils, and grease to the county's sanitary sewer collection system. BMPs shall include, but shall not be limited to, the following:

a. Drain screens shall be installed on all drainage pipes in the food preparation areas.

b. All waste cooking oils shall be collected and stored properly in recycling receptacles such as barrels or drums. Such recycling receptacles shall be maintained properly to prevent leakage. Waste cooking oils shall be transported by a waste cooking oil hauler and disposed of at a waste cooking oil recycling or disposal facility.

c. All food waste shall be disposed of directly in the trash or garbage and not in sinks, garbage disposals, or grinders. Food waste shall be disposed of in a manner to prevent leakage in the trash container. If a grinder is used, a solids interceptor shall be installed between the grinder and the grease interceptor.

d. Employees of the food service facility shall receive periodic training on the following subjects:

1. Dry-wiping pots, pans, dishware, and work areas before washing to remove grease;

2. Properly disposing of food waste and solids in plastic bags prior to disposal in trash containers to prevent leakage and odors;

3. The location and use of absorption products to clean under fryer baskets and other locations where grease may be spilled or dripped; and

Page 18

4. Proper disposal of grease and oils from cooking equipment to a proper grease receptacle without spilling.

e. Training shall be documented and verified with employee signatures. Training records shall be maintained for at least two (2) years following the date of training and available for inspection upon request by the director.

f. BMPs and waste minimization practices shall be posted conspicuously in the food preparation and dishwashing areas at all times.

(Ord. No. 98-28, § 3, 9-1-98; Ord. No. 05-69, §§ 5, 6, 10-25-05; Ord. No. 12-21, § 3, 5-22-12; Ord. No. 16-12, §§ 6, 7, 4-12-16)

Sec. 2-31-43. - Wastewater discharge permits.

(a) Water analysis. When requested by the director, a user must submit information on the nature and characteristics of its wastewater within sixty (60) days of the request. The director is authorized to prepare a form for this purpose and may periodically require users to update this information.

(b) Wastewater discharge permit requirement.

(1) No significant industrial user shall discharge wastewater into Manatee County's sanitary sewer collection system without first obtaining a wastewater discharge permit from the director, except that a significant industrial user that has filed a timely application pursuant to this division may continue to discharge for the time period specified therein.

(2) The director shall require waste haulers and other users to obtain wastewater discharge permits as deemed reasonably necessary to carry out the purposes of this division.

(3) Any violation of the terms and conditions of a wastewater discharge permit shall constitute a violation of this division and shall subject the wastewater discharge permittee to the sanctions set out in this division. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal, state, and local pretreatment standards or requirements or with any other requirements of federal, state, and local law.

(c) Wastewater discharge permitting; existing connections. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of the amendments to this section and who wants to continue such discharge in the future shall apply to the director for a wastewater discharge permit no later than ninety (90) days after the date the board adopts the amendments to this section. No user shall cause or allow any discharge into the POTW after said ninety-day period, except in compliance with a wastewater discharge permit issued by the director.

(d) Wastewater discharge permitting; new connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into Manatee County's sanitary sewer collection system must obtain such permit prior to beginning or recommencing such discharge. An application for a wastewater discharge permit, in accordance with this section, must be filed at least ninety (90) days prior to the date when any discharge will begin or recommence.

(e) Wastewater discharge permit application contents. All users required to obtain a wastewater discharge permit must submit a permit application. The application shall contain the following information:

(1) All information required by this division;

(2) Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged into Manatee County's sanitary sewer collection system;

(3) Number and types of employees, and hours of operation;

(4) Each product produced by type, amount, process or processes, and rate of production;

Page 19

(5) Type and amount of raw materials processed (average and maximum per day);

(6) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge;

(7) Time and duration of discharges;

(8) Material safety data sheets for chemicals actually discharged to the wastewater collection system or that have the potential for discharge to the wastewater collection system;

(9) A detailed description of the proposed pretreatment system;

(10) A baseline monitoring report to include:

a. The results of sampling and analysis identifying the nature, concentration, and/or mass of regulated pollutants in the discharge from each regulated process;

b. The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources;

c. Instantaneous, daily maximum, and long-term average concentrations and/or mass of regulated pollutants; and

d. The sample shall be representative of daily operations and shall be analyzed in accordance with the procedures specified in subsection 2-31-45(j) of this division. Where the pretreatment standard requires compliance with a best management practice or a pollution prevention alternative, the user shall submit the applicable pretreatment standard or other documentation required by the director to determine compliance with the pretreatment standard:

(11) The locations for monitoring all wastes covered by the wastewater discharge permit;

(12) The measure of average daily flow and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, for use of the combined wastestream formula;

(13) Description of the type and capacity of each vehicle used by a waste hauler for transport or discharge of grease waste, industrial waste, septic tank waste, and other domestic sanitary waste;

(14) A list of any environmental control permits issued by any federal, state, regional, or local governmental entities to or for the facility;

(15) Any requests for a new monitoring waiver or renewal of an approved monitoring waiver for a pollutant neither present nor expected to be present in the discharge;

(16) Any requests described in paragraph (h)(2) of this section to be covered by a general wastewater discharge permit;

(17) The names of the user and authorized representative of the user, addresses and telephone numbers of the user, and names and telephone numbers of emergency contacts for the user; and

(18) Any other information as may be deemed reasonably necessary by the director to evaluate the wastewater discharge permit application.

Incomplete or inaccurate applications will not be processed until revised and completed by the user.

(f) Application signatories and certification. All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am

Page 20

aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

(g) Types of individual wastewater discharge permits.

(1) Type I. Any user subject to any federal categorical standards that discharges regulated wastewater shall obtain a Type I individual wastewater discharge permit.

(2) Type II. Any user that is not subject to paragraph (g)(1) above but meets one of the following conditions shall obtain a Type II individual wastewater discharge permit:

a. Any user that discharges an average of twenty-five thousand (25,000) gallons per day (gpd) or more of process wastewater to the county's sewerage system, excluding sanitary sewage, noncontact cooling water, and boiler blowdown wastewater;

b. Any user that contributes a process wastestream which makes up more than five (5) per cent of the average dry weather hydraulic or organic capacity of any of the county's wastewater treatment plants; or

c. Any user that is designated by the director on the basis that it has a reasonable potential for adversely affecting the county's operations or for violating any pretreatment standard or pretreatment requirement.

(3) Type III. Any user that meets one the following conditions shall obtain a Type III individual wastewater discharge permit:

a. Any user subject to federal categorical standards that does not discharge any regulated wastewater; or

b. Any user that is not subject to paragraph (g)(1) or (g)(2) above but in the best professional judgment of the director has a reasonable potential to violate any pretreatment standard or pretreatment requirement.

(h) General wastewater discharge permits.

(1) At the discretion of the director, general wastewater discharge permits may be issued to control discharges to the POTW if the conditions listed in this paragraph are met. All facilities to be covered by a general wastewater discharge permit must meet all of the following criteria:

a. Involve the same or substantially similar types of operations;

b. Discharge the same type of wastes;

c. Require the same effluent limitations;

d. Require the same or similar monitoring; and

e. In the opinion of the director, are more appropriately controlled under a general wastewater discharge permit than individual wastewater discharge permits.

(2) To be covered by a general wastewater discharge permit, an industrial user or a significant industrial user must file a written request for coverage that identifies its contact information, production processes, types of wastes generated, location for monitoring all wastes covered by the general permit, any requests for a monitoring waiver for a pollutant neither present nor expected to be present in the discharge, and any other information the director deems appropriate. A monitoring waiver for a pollutant neither present nor expected to be present in the discharge is not effective in a general wastewater discharge permit until after the director has provided written notice to the user that such a waiver request has been granted.

(3) The director will retain a copy of the general wastewater discharge permit, documentation to support the determination that a specific user meets the criteria in paragraph (h)(1) above and applicable state regulations, and a copy of the user's written request for coverage for three (3) years after the expiration of the general wastewater discharge permit.

Page 21

(4) The director may not issue a general wastewater discharge permit to an industrial user or a significant industrial user where a facility is subject to production-based categorical pretreatment standards or categorical standards expressed as mass of pollutant discharged per day or for an industrial user or a significant industrial user whose limits are based on the combined wastestream formula or net/gross calculations.

(i) Wastewater discharge permit decisions. The director will evaluate the data furnished by the user and may require additional information within thirty (30) days of receipt of a complete wastewater discharge permit application. The director will determine whether or not to issue a wastewater discharge permit. The director may deny any application for a wastewater discharge permit for good cause.

(Ord. No. 98-28, § 4, 9-1-98; Ord. No. 05-69, § 7, 10-25-05; Ord. No. 12-21, § 4, 5-22-12)

Sec. 2-31-44. - Wastewater discharge permit issuance process.

(a) Wastewater discharge permit duration. A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the director. Each wastewater discharge permit will indicate a specific date upon which it will expire.

(b) Wastewater discharge permit contents. A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the director to prevent pass through or interference, protect the quality of the treatment plant's effluent, protect worker health and safety, facilitate biosolids management and disposal, and protect against damage to the county's wastewater treatment plants.

(1) Wastewater discharge permits must contain:

a. A statement that indicates wastewater discharge permit duration, which in no event shall exceed five (5) years;

b. A statement that specifies the issuance date, expiration date, and effective date of the wastewater discharge permit;

c. A statement that the wastewater discharge permit is nontransferable without prior written notification to Manatee County in accordance with this division, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge limits;

d. Effluent limits, including best management practices, based on applicable pretreatment standards;

e. Self-monitoring, sampling, reporting, notification, and record keeping requirements. These requirements shall include an identification of pollutants to be monitored or best management practices, sampling location, sampling frequency, and sample type based on federal, state, and local law;

f. A statement of applicable civil and criminal penalties for violations of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law;

g. The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with paragraph 2-31-45(d)(4) of this division;

h. Any approval of the monitoring waiver by the director with applicable conditions;

i. Requirements to control slug discharge, if determined by the director to be necessary; and

j. A description of the types of waste which may be transported or discharged by a waste hauler.

(2) Wastewater discharge permits may contain, but need not be limited to, the following additional conditions:

Page 22

a. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

b. Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;

c. Requirements for the development and implementation of spill control plans or other special conditions, including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges;

d. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged into the county's sanitary sewer collection system;

e. The unit charge or schedule of user charges and fees for the management of the wastewater discharge into the county's sanitary sewer collection system;

f. Requirements for installation and maintenance of inspection and sampling facilities and equipment;

g. A statement that compliance with the wastewater discharge permit does not relieve the permittee with responsibility for complying with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit;

h. For waste haulers, a statement that all grease interceptors shall be pumped completely empty, excess solids shall be scraped from the walls and baffles, inlets, outlets, and baffle ports shall be cleared, and no grease, solids, or liquids shall be returned to any grease interceptor, private sewer line, any portion of the county's sanitary sewer collection system, or the POTW;

i. Requirements for maintenance and submittal of logs and records, including waste hauling records and manifests, in compliance with county documents, forms, formats, and computer software, and availability of logs and records for inspection upon request by the director;

j. Requirements for self-monitoring;

k. Requirements for reporting on the status of BMPs; and

l. Other conditions as deemed reasonably appropriate by the director to ensure compliance with this division, and with state, federal, and local laws, rules, and regulations.

(c) Wastewater discharge permit appeals. The director shall provide written notice directly to the User or applicant and a public notice in a local newspaper of general circulation, of the issuance of a wastewater discharge permit. Any person, including the user or applicant, may petition the director to reconsider the terms of a wastewater discharge permit or the denial of a permit, within thirty (30) days of notice of its issuance or denial.

(1) Failure to submit a petition for review within thirty (30) days of notice of the director's decision, shall be deemed to be a waiver of any administrative appeal.

(2) In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.

(3) The effectiveness of the wastewater discharge permit or the denial thereof shall not be stayed pending the appeal.

(4) If the director fails to act within sixty (60) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.

Page 23

(5) Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint in the circuit court in Manatee County, Florida, within the appropriate state limitations period.

(d) Wastewater discharge permit modification. The director may modify a wastewater discharge permit for good cause, including, but not limited to, the following:

(1) To incorporate any new or revised federal, state, or local pretreatment standards or requirements;

(2) To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance;

(3) A change in any of Manatee County's wastewater treatment plants that requires a temporary or permanent reduction or elimination of the authorized discharge;

(4) Information indicating that the permitted discharge poses a threat to the county's wastewater treatment plants, county personnel, an effluent reuse system, or the receiving waters;

(5) Violation of any terms or conditions of the wastewater discharge permit;

(6) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

(7) Revision of or a grant of variance from categorical pretreatment standards pursuant to Rule 62-625.700, Florida Administrative Code (F.A.C.);

(8) To correct typographical or other errors in the wastewater discharge permit; or

(9) To reflect a transfer of the facility ownership or operation to a new owner or operator.

(e) Wastewater discharge permit transfer. Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least thirty (30) days advance written notice to the director and the director approves the wastewater discharge permit transfer. Coverage under a general wastewater discharge permit may be transferred to a new owner or operator only if the permittee gives at least thirty (30) days advance written notice to the director and the director approves transfer of the coverage under a general wastewater discharge permit. The notice to the director must include a written certification by the new owner or operator which:

(1) States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;

(2) Identifies the specific date on which the transfer is to occur; and

(3) Acknowledges full responsibility for complying with the existing wastewater discharge permit.

Failure to provide advance written notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.

(f) Wastewater discharge permit revocation. The director may revoke a wastewater discharge permit or coverage under a general wastewater discharge permit for good cause, including, but not limited to, the following reasons:

(1) Failure to notify the director of significant changes to the wastewater prior to the changed discharge;

(2) Failure to provide prior notification to the director of changed conditions pursuant to this division;

(3) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

(4) Falsifying self-monitoring reports;

(5) Tampering with the monitoring equipment;

(6) Refusing to allow the director timely access to the facility premises and records;

(7) Failure to meet effluent limitations;

Page 24

(8) Failure to pay fines;

(9) Failure to pay sewer charges;

(10) Failure to meet compliance schedules;

(11) Failure to complete a wastewater survey or the wastewater discharge permit application;

(12) Failure to provide advance written notice of the transfer of business ownership of a permitted facility; or

(13) Violation of any pretreatment standard or requirement, any terms of the wastewater discharge permit, or any provision of this division.

Wastewater discharge permits or coverage under general wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.

(g) Wastewater discharge permit reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with this division, a minimum of sixty (60) days prior to the expiration of the user's existing wastewater discharge permit.

(h) Regulation of waste received from other jurisdictions.

(1) If another municipality or other governmental entity, or user located within another municipality or other governmental entity, contributes wastewater into Manatee County's sanitary sewer collection system, the county shall enter into an interlocal agreement with the contributing municipality or other governmental entity.

(2) Prior to entering an agreement required by paragraph (1), above, the director shall request the following information from the contributing government:

a. A description of the quality and volume of wastewater discharged into Manatee County's sanitary sewer collection system by the contributing government;

b. An inventory of all users located within the contributing government's territory that are discharging into Manatee County's sanitary sewer collection system; and

c. Such other information as the director may reasonably deem necessary.

(3) Any interlocal agreement, as required by paragraph (1), above, entered into after the effective date of this division, shall contain the following provisions:

a. A requirement for the contributing government to adopt a sewer use ordinance which is at least as stringent as this division, and local limits which are at least as stringent as those set out in this division. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to Manatee County's ordinance or local limits;

b. A requirement for the contributing government to submit a revised user inventory on at least an annual basis;

c. A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing government; which of these activities will be conducted by the county; and which of these activities will be conducted jointly by the contributing government and the county;

d. A requirement for the contributing government to provide the director with access to all information that the contributing government obtains as part of its pretreatment activities;

e. Limits on the nature, quality, and volume of the contributing government's wastewater at the point where it discharges into Manatee County's sanitary sewer collection system;

f. Requirements for monitoring the contributing government's discharge;

Page 25

g. A provision ensuring the director access to the facilities of the users located within the contributing government's jurisdiction boundaries for the purpose of inspection, sampling, and any other duties deemed reasonably necessary by the director; and

h. A provision specifying remedies available for breach of the terms of the interlocal agreement.

(4) Any government entity contributing wastewater to Manatee County's sanitary sewer collection system on the effective date of this division, without an interlocal agreement containing all of the above provisions, shall be automatically subject to all the discharge-related requirements and enforcement-related provisions of this division.

(Ord. No. 98-28, § 5, 9-1-98; Ord. No. 05-69, §§ 8, 9, 10-25-05; Ord. No. 12-21, §§ 5—7, 5-22-12; Ord. No. 16-12, § 8, 4-12-16)

Sec. 2-31-45. - Reporting requirements.

(a) Baseline monitoring reports.

(1) Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a categorical determination under Rule 62-625.410(2), Florida Administrative Code (F.A.C.), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the director a report which contains the information listed in paragraph (a)(2) below. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the director a report which contains the information listed in paragraph (a)(2) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

(2) Users described in paragraph (a)(1) above shall submit the information set forth below:

a. Identifying information. The name and address of the facility, including the name of the operator and owner.

b. Environmental permits. A list of any environmental control permits held by or for the facility.

c. Description of operations. A brief description of the nature, average rate of production, and standard industrial classification(s) of the operation(s) carried out by such user. This description shall include a schematic process diagram which indicates points of discharge into Manatee County's sanitary sewer collection system.

d. Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula specified in Rule 62-625.410 (6), Florida Administrative Code (F.A.C.).

e. Wastestreams. Regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula specified in Rule 62-625.410(6), Florida Administrative Code (F.A.C.). Verifiable estimates of such streams shall be allowed where justified by cost or feasibility considerations.

f. Measurement of pollutants.

1. The categorical pretreatment standards applicable to each regulated process.

2. The results of sampling and analysis identifying the nature and concentration; and/or mass, where required by the standard or by the director, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with

Page 26

procedures set out in this division. Where the pretreatment standard requires compliance with a best management practice or a pollution prevention alternative, the user shall submit the applicable pretreatment standard or other documentation required by the director to determine compliance with the pretreatment standard.

3. The user shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of sub-subparagraph (a)(2)f.2. above. Samples shall be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the user shall measure the flows and concentrations necessary to allow use of the combined wastestream formula to evaluate compliance with pretreatment standards. Where an alternate concentration or mass limit has been calculated, such adjusted limit along with supporting data shall be submitted to the director.

4. Sampling must be performed in accordance with procedures set out in this division and specified in the most recent version of the Department of Environmental Protection Standard Operating Procedures for Field Activities. All activities related to sampling and analysis shall comply with this section and Chapter 62-160, Florida Administrative Code (F.A.C.). If a sampling procedure is not available or none of the approved procedures are appropriate for collecting the samples, the sampling organization, with the approval of the user and the director, shall identify and propose a method for use in accordance with Rule 62-160.220, Florida Administrative Code (F.A.C.).

5. Analytical tests shall be performed in accordance with applicable test procedures specified in 40 CFR Part 136. If a test for a specific component is not listed in 40 CFR Part 136, or if the test procedure has been determined to be inappropriate for the analyte in question (e.g., insufficient sensitivity), the laboratory, with the approval of the user and the director, shall identify and propose a method for use in accordance with Rules 62-160.300 and 62-160.330, Florida Administrative Code (F.A.C.).

6. The director may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.

7. The baseline report shall indicate the time, date and place of sampling and methods of analysis, list the test results for each component, and certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

g. Certification. A statement, reviewed by the user's authorized representative, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

h. Compliance schedule. If additional pretreatment and/or additional operation and maintenance (O&M) will be required to meet pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or additional operation and maintenance (O&M). The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard, A compliance schedule pursuant to this subparagraph must meet the requirements set out in subsection (b) of this section.

i. Signature and certification. All baseline monitoring reports must be signed and certified in accordance with subsection 2-31-43(f) of this division.

(b) Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by this division:

(1) The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment

Page 27

required for the user to meet applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);

(2) No increment referred to above shall exceed nine (9) months;

(3) The user shall submit a progress report to the director no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and

(4) In no event shall more than nine (9) months elapse between such progress reports to the director.

(c) Reports on compliance with categorical pretreatment standard deadline. Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the director a report containing the information described in this division. For users subject to equivalent mass or concentration limits established in accordance with the procedures in Rule 62-625.400(4), Florida Administrative Code (F.A.C.), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with subsection 2-31-43(f) of this division.

(d) Periodic compliance reports.

(1) All significant industrial users shall, at a frequency determined by the director but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by treatment standards. This report shall include a record of the measured or estimated average and maximum daily flows for the reporting period; provided, however, the director shall require a more detailed reporting of flows if necessary to comply with the requirements of Rule 62-625.600, Florida Administrative Code (F.A.C.). Where the pretreatment standard requires compliance with a best management practice or a pollution prevention alternative, the significant industrial user shall submit the applicable pretreatment standard or other documentation required by the director to determine compliance with the pretreatment standard. All periodic compliance reports must be signed and certified in accordance with subsection 2-31-43(f) of this division.

(2) All wastewater samples must be representative of the user's discharge during the period covered by the report. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

(3) If a user subject to the reporting requirement in this subsection monitors any pollutant more frequently than required by the director, using the procedures prescribed in this division, the results of this monitoring shall be included in the report.

(4) The director may waive the requirement for a user subject to a categorical pretreatment standard to sample a pollutant regulated by a categorical pretreatment standard if the user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the user. This waiver is subject to the following conditions:

a. The waiver may be approved where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility, provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.

Page 28

b. The monitoring waiver is valid only for the duration of the effective period of an individual wastewater discharge permit, but in no case longer than five (5) years, The user must submit a new request for waiver before the waiver can be granted for each subsequent individual wastewater discharge permit.

c. In making a demonstration that a pollutant is not present, the user must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.

d. Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.

e. Any approval of the monitoring waiver by the director must be included as a condition in the user's permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the director for three (3) years after the expiration of the waiver.

f. Upon approval of the monitoring waiver and revision of the user's permit by the director, the user must certify on each report that there has been no increase in the pollutant in its wastestream due to activities of the user with the following statement:

"Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR Part [specify applicable national pretreatment standard part(s)]. I certify that to the best of my knowledge and belief, there has been no increase in the level of [list of pollutants] in the wastewater due to the activities at the facility since filing of the last periodic report."

g. In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user's operations, the user must immediately notify the director and comply with the monitoring requirements of this division or other more frequent monitoring requirements imposed by the director.

h. This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standards.

(5) The director may reduce the requirements for a user to submit periodic compliance reports to no less frequently than one per year, unless required more frequently in the pretreatment standard or by the state, where the user's total categorical wastewater flow does not exceed any of the following:

a. 0.01 per cent of the design dry-weather hydraulic capacity of the POTW, or five thousand (5,000) gallons per day (gpd), whichever is smaller as measured by a continuous effluent monitoring device unless the user discharges in batches;

b. 0.01 per cent of the design dry-weather organic treatment capacity of the POTW; or

c. 0.01 per cent of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed in accordance with this division.

Reduced reporting is not available to any user that has been in significant noncompliance during the previous two (2) years. In addition, reduced reporting is not available to a user with daily flow rates, production levels, or pollutant levels which vary so significantly that, in the opinion of the director, decreasing the reporting requirement for such user would result in data not representative of conditions occurring during the reporting period.

(e) Reports of changed conditions.

Page 29

(1) Each user must notify the director of any planned significant changes to the operation or system which might alter the nature, quality, or volume of its wastewater at least ninety (90) days before the change.

a. The director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application pursuant to this division.

b. The director may issue a wastewater discharge permit pursuant to this division or modify an existing wastewater discharge permit pursuant to this division in response to changed conditions or anticipated changed conditions.

c. For purposes of this requirement, significant changes include, but are not limited to, flow increases of twenty-five (25) per cent or greater, and the discharge of any previously unreported pollutants.

(2) Each significant industrial user must notify the director immediately of any changes at its facility affecting the potential of a slug discharge.

(3) If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the user, a new written authorization satisfying the requirements of subsection 2-31-40(e) of this division must be submitted to the director prior to or together with any reports to be signed by such authorized representative.

(f) Reports of potential problems.

(1) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, a sanitary sewer overflow, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the director of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

(2) Within five (5) days following such discharge, the user shall, unless waived by the director, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to any of Manatee County's wastewater treatment plants, natural resources, or any damage or injury to persons or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this division.

(3) A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in paragraph (f)(1) above. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.

(g) Reports from unpermitted users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the director as the director may reasonably require. A facility determined to be a non-significant categorical industrial user by the director must annually submit the following certification statement signed by an authorized representative of the user:

"Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR Part [specify applicable national pretreatment standard part(s)]. I certify that, to the best of my knowledge and belief, during the period from [month, day, year] to [month, day, year], the facility described as [industrial user name] met the definition of a non-significant categorical industrial user as described in Rule 62-625.200(25)(c), F.A.C.: the facility complied with all applicable pretreatment standards and requirements during the reporting period; and the facility never discharged more than 100 gallons of total categorical wastewater on any given day during the reporting period. This compliance certification is based on the following information: [documentation of basis to continue exemption]."

Page 30

(h) Notice of violation/repeat sampling and reporting. If sampling performed by a user indicates a violation, the user must notify the director within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the director within thirty (30) days after becoming aware of the violation. If the county performed the sampling and analysis in lieu of the user, the county will perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat sampling and analysis. The user is not required to resample if the county performed the sampling and analysis in lieu of the user, if the director monitors at the user's facility at least once a month, or if the director samples between the user's initial sampling and when the user receives the results of this sampling.

(i) Notification of the discharge of hazardous waste.

(1) A user shall notify the director, the EPA regional waste management division director, and the state hazardous waste and pretreatment authorities, in writing, of any discharge into Manatee County's sanitary sewer collection system of a substance which, if otherwise disposed of, would be a hazardous waste under Chapter 62-730, Florida Administrative Code (F.A.C.). Such notification must include the name of the hazardous waste as set forth in Rule 62-625.600(15)(a), Florida Administrative Code (F.A.C.), the EPA hazardous waste number, and type of discharge (continuous, batch, or other). If the user discharges more than one hundred (100) kilograms of such waste per calendar month into Manatee County's sanitary sewer collection system, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the waste, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred eighty (180) days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under this section. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of this division.

(2) Dischargers are exempt from the requirements of paragraph (1) above during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in Rule 62-625.600(15)(b), Florida Administrative Code (F.A.C.). Discharge of more than fifteen (15) kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in Rule 62-625.600(15)(b), Florida Administrative Code (F.A.C.), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.

(3) In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the director, the EPA regional waste management division director, and the state hazardous waste and pretreatment authorities of the discharge of such hazardous waste within ninety (90) days of the effective date of such regulations.

(4) In the case of any notification made under this subsection, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

(5) This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this division, a permit issued thereunder, or any applicable federal or state law.

(j) Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report, shall be performed in accordance with techniques prescribed in 40 CFR Part 136 and Chapter 62-160, Florida Administrative Code (F.A.C.), and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 or Chapter 62-160, Florida Administrative Code (F.A.C.), does not

Page 31

contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the sampling and analytical techniques in 40 CFR Part 136 are inappropriate for the pollutant in question, sampling and analysis shall be performed using validated analytical methods or any other applicable sampling and analytical procedures recommended by the director or other parties approved by EPA.

(k) Sample collection. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report and data representative of conditions occurring during the reporting period.

(1) Except as indicated in paragraph (k)(2) below, the user must collect wastewater samples using 24-hour flow proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the director. Where time-proportional composite sampling or grab sampling is authorized by the director, the samples must be representative of the discharge. In the event flow proportional sampling is infeasible, the director may authorize the use of time-proportional sampling or a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

(2) Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab sample collection techniques.

(3) For sampling required in support of baseline monitoring and ninety-day compliance reports required by this section, a minimum of four (4) grab samples must be used for oil and grease, pH, cyanide, total phenols, sulfides, and volatile organic compounds at facilities for which historical sampling data do not exist. The director may authorize a lower minimum of grab samples at facilities for which historical sampling data are available. For the reports required by subsection (d) of this section, the user shall collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards.

(l) Timing. Written reports will be deemed to have been submitted on the date postmarked, if mailed. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.

(m) Record keeping. Users subject to the reporting requirements of this division shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this division, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements and all documentation associated with best management practices established under subsection 2-31-41(d) of this division. Records shall include the date, exact place, method, and time of sampling, and the name(s) of the person(s) taking the samples; the dates analysis were performed; who performed the analysis; the analytical techniques or methods used; and the results of such analysis. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or the county, or where the user has been specifically notified of a longer retention period by the director.

(Ord. No. 98-28, § 6, 9-1-98; Ord. No. 05-69, §§ 10—12, 10-25-05; Ord. No. 12-21, § 8, 5-22-12; Ord. No. 16-12, § 9, 4-12-16)

Sec. 2-31-46. - Compliance monitoring.

(a) Right of entry; inspection and sampling. Subject to consent or an administrative inspection warrant as provided in subsection (b) of this section, the director and his/her representatives shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this division and any wastewater discharge permit or order issued hereunder. Users shall allow the director ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties. The user shall provide sufficient space in or near the monitoring facility to allow accurate sampling and preparation of samples

Page 32

and analysis. The monitoring facility shall be provided in accordance with the director's requirements and in compliance with the Florida Building Code and all applicable local construction permits, standards, and specifications. The monitoring facility shall be constructed and maintained in such a manner to enable the director to perform independent monitoring activities.

(1) Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the director will be permitted to enter without delay for the purposes of performing specific responsibilities.

(2) The director or his/her representatives shall have the right to set up on the user's property, or require installation of such devices as are necessary to conduct sampling and/or metering of the user's operations.

(3) The director may require the user to install monitoring equipment as deemed reasonably necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user, at its own expense. All devices used to measure wastewater flow and quality shall be calibrated according to the manufacturer's instructions but no less than once per year to ensure their accuracy.

(4) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the director and shall not be replaced. The costs of clearing such access shall be borne by the user.

(5) Unreasonable delays in allowing the director access to the user's premises shall be a violation of this division.

(6) The director and his/her representative shall have the right to enter the premises and any buildings and structures thereon during normal business hours and at any time when there is probable cause to believe that an immediate hazard exists to life, health, or property. The director and his/her representatives shall have the right to take independent samples of any discharge from any user.

(b) Administrative inspection warrants. If the director or officer has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this division, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the county designed to verify compliance with this division or any permit or order issued thereunder, to protect the overall public health, safety, and welfare of the community, or to determine the existence of an immediate hazard to life, health, or property, then the county may seek issuance of an administrative inspection warrant from the circuit court of Manatee County in accordance with Sections 933.20 through 933.30, Florida Statutes, as amended.

(Ord. No. 98-28, § 7, 9-1-98; Ord. No. 05-69, § 13, 10-25-05; Ord. No. 12-21, § 9, 5-22-12; Ord. No. 16-12, § 10, 4-12-16)

Sec. 2-31-47. - Confidential information.

Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the director's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the director, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable public records laws. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the user furnishing the report. Wastewater constituents and

Page 33

characteristics and other "effluent data" as defined by Rule 62-625.800, Florida Administrative Code (F.A.C.), will not be recognized as confidential information and will be available to the public without restriction.

(Ord. No. 98-28, § 8, 9-1-98; Ord. No. 12-21, § 10, 5-22-12)

Sec. 2-31-48. - Publication of names of users in significant noncompliance.

The director shall publish annually, in a local newspaper of general circulation, a list of the users which, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall mean:

(a) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six (66) per cent or more of all wastewater measurements for the same pollutant taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits;

(b) Technical review criteria (TRC) violations, defined here as those in which thirty-three (33) per cent or more of wastewater measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limit, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);

(c) Any other violation of a pretreatment standard or requirement (daily maximum, long-term average, instantaneous limit, or narrative standard) which the director determines has caused, either alone or in combination with other discharges, interference or pass through, including endangering the health of county personnel or the general public;

(d) Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the director's exercise of his/her emergency authority to halt or prevent such a discharge;

(e) Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

(f) Failure to provide within thirty (30) days after the due date any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(g) Failure to accurately report noncompliance; or

(h) Any other violation, including a violation of a best management practice, which the director reasonably determines will adversely affect the operation or implementation of the local pretreatment program.

(Ord. No. 98-28, § 9, 9-1-98; Ord. No. 12-21, § 11, 5-22-12)

Sec. 2-31-49. - Administrative enforcement remedies.

(a) Notification of violation. When the director finds that a user has violated, or continues to violate, any provision of this section, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the director may serve upon that user a written notice of violation. Within thirty (30) days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the director. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall

Page 34

limit the authority of the director to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

(b) Consent orders. The director may enter into consent orders, assurances of voluntary compliance, or other documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to this division and shall be judicially enforceable.

(c) Show cause hearing. The director may order a user which has violated, or continues to violate, any provision of this division, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the director and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the hearing, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least twenty (20) days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user. If the alleged violating user is represented at the hearing by counsel, the county shall likewise be represented by the office of the county attorney or other assigned counsel.

(d) Compliance orders. When the director finds that a user has violated, or continues to violate, any provision of this division, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the director may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer system. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(e) Cease and desist orders. When the director finds that a user has violated, or continues to violate, any provision of this division, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the director may issue an order to the user directing it to cease and desist all such violations and directing the user to:

(1) Immediately comply with all requirements; and

(2) Take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(f) Administrative hearings. Any administrative fines provided for in this division shall be imposed only after the following hearing procedure has been complied with:

(1) If a violation of this division is found, the director or officer shall notify the violator of the specific violation(s) and the applicable section(s) of this division. The notice of violation shall conform to the relevant provisions of Section 162.06, Florida Statutes, and shall be hand delivered or mailed to said violator as provided in Section 162.12, Florida Statutes.

(2) The code enforcement clerical staff shall schedule an administrative hearing, and written notice of such hearing shall be hand delivered or mailed to said violator as provided in Section 162.12, Florida Statutes.

Page 35

(3) The administrative hearing shall be conducted in accordance with Section 162.07, Florida Statutes, by the Manatee County code enforcement board or special magistrate.

(4) The violator shall have the opportunity to be represented by counsel at the violator's expense and to examine and cross-examine witnesses at the hearing.

(5) The county shall be represented at the hearing by the office of the county attorney.

(6) At the conclusion of the hearing, the code enforcement board or special magistrate shall issue findings of fact, based on evidence of record, and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted in Chapter 162, Part I, Florida Statutes. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed if the order is not complied with by said date. The code enforcement board or special magistrate shall have all powers set forth in Section 162.08, Florida Statutes.

(7) An aggrieved party, including Manatee County, may appeal a final administrative order of the code enforcement board or special magistrate to the circuit court in accordance with Section 162.11, Florida Statutes.

(g) Administrative fines.

(1) The code enforcement board or special magistrate may order the violator to pay a fine in accordance with Section 162.09, Florida Statutes. A fine imposed pursuant to Section 162.09, Florida Statutes, shall not exceed two hundred fifty dollars ($250.00) per day for a first violation and shall not exceed five hundred dollars ($500.00) per day for a repeat violation. However, if the code enforcement board or special magistrate finds the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed five thousand dollars ($5,000.00) per violation. In determining the amount of the fine, if any, the code enforcement board or special magistrate shall consider the factors set forth in Paragraph 162.09(2)(b), Florida Statutes. The code enforcement board or special magistrate may reduce a fine imposed pursuant to Section 162.09, Florida Statutes.

(2) A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Such order shall be enforceable in the manner provided by Section 162.09, Florida Statutes. A fine imposed pursuant to Section 162.09, Florida Statutes, shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit filed pursuant to Section 162.09, Florida Statutes, whichever occurs first.

(3) A lien arising from a fine imposed pursuant to Section 162.09, Florida Statutes, runs in favor of the board of county commissioners, and the board of county commissioners may execute a satisfaction or release of lien entered pursuant to Section 162.09, Florida Statutes. The lien may be foreclosed in accordance with Section 162.09, Florida Statutes. The duration of the lien shall conform to the provisions of Section 162.11, Florida Statutes.

(4) Imposition of an administrative fine shall not be a bar against or a prerequisite for taking any other action against the user.

(h) Emergency suspensions. The director may immediately suspend a user's permit or discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The director may also immediately suspend a user's permit or discharge, after notice and opportunity to respond, that threatens to interfere with the operation of any of Manatee County's wastewater treatment plants, pumping stations, or collection system, or which presents or may present an endangerment to the environment.

(1) Any user notified of a suspension of its permit or discharge shall immediately stop or eliminate its discharge. In the event of a user's failure to immediately comply voluntarily with the suspension order, the director may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to any of Manatee County's wastewater treatment plants, pumping stations, or collection system, or endangerment to any individuals. The

Page 36

director may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the director that the period of endangerment has passed, unless the termination proceedings in this division are initiated against the user. The user shall pay all costs associated with reconnection to Manatee County's sanitary sewer collection system.

(2) A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the director prior to the date of any show cause or termination hearing under this division. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

(i) Termination of discharge. In addition to the other provisions of this division, any user who violates the following conditions is subject to discharge termination:

(1) Violation of wastewater discharge permit conditions;

(2) Failure to accurately report the wastewater constituents and characteristics of its discharge;

(3) Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to change;

(4) Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; or

(5) Violation of the pretreatment standards in this division.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under this division why the proposed action should not be taken. Exercise of this option by the director shall not be a bar to, or a prerequisite for, taking any other action against the user.

(Ord. No. 98-28, § 10, 9-1-98; Ord. No. 05-69, §§ 14—16, 10-25-05)

Secs. 2-31-50, 2-31-51. - Reserved.

Sec. 2-31-52. - Judicial enforcement remedies.

(a) Injunctive relief. When the director finds that a user has violated, or continues to violate, any provision of this division, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the director may petition the circuit court of Manatee County for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this division on activities of the user. The director may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.

(b) Civil penalties.

(1) A user who has violated, or continues to violate, any provisions of this division, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the County of Manatee for a maximum civil penalty of two thousand dollars ($2,000.00) per violation, per day.

(2) The county may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the county.

(3) In determining the amount of civil liability, the court shall take into account all relevant circumstances, including but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation,

Page 37

corrective actions by the user, the compliance history of the user, and any other factor as justice requires.

(4) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.

(c) Criminal prosecution.

(1) A user who willfully or negligently violates any provision of this division, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be punished as provided by Section 125.69(1), Florida Statutes.

(2) A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be punished as provided by Section 125.69(1), Florida Statutes. This punishment shall be in addition to any other cause of action for personal injury or property damage available under state law.

(3) A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this division or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this division shall, upon conviction, be punished as provided by Section 125.69(1), Florida Statutes.

(d) Remedies nonexclusive. The remedies provided for in this division are not exclusive. The director may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the County's enforcement response plan. However, the director may take other action against any user when the circumstances warrant. Furthermore, the director is empowered to take more than one enforcement action against any noncompliant user.

(Ord. No. 98-28, § 11, 9-1-98; Ord. No. 05-69, § 17, 10-25-05; Ord. No. 12-21, § 12, 5-22-12; Ord. No. 16-12, § 11, 4-12-16)

Sec. 2-31-53. - Supplemental enforcement action.

(a) Performance surety bonds. The director may decline to issue or reissue a wastewater discharge permit to any user who fails to comply with any provisions of this division, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user files a satisfactory surety bond, payable to Manatee County, in a sum determined by the director to be necessary to achieve consistent compliance.

(b) Liability insurance or other financial assurance. The director may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply or continues to fail to comply with any provision of this division, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained liability insurance or other financial assurances sufficient to restore or repair damage to Manatee County's sanitary sewer collection system and its wastewater treatment plants.

(c) Termination of water service. Whenever a user has violated or continues to violate any provision of this division, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be terminated. Service will only recommence, at the user's expense, after he/she/it has satisfactorily demonstrated his/her/its ability to comply.

(Ord. No. 98-28, § 12, 9-1-98; Ord. No. 16-12, § 11, 4-12-16)

Sec. 2-31-54. - Affirmative defenses to discharge violations.

(a) Upset.

Page 38

(1) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of paragraph (2) below are met.

(2) 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 workmanlike manner and in compliance with applicable operation and maintenance procedures; and

c. The user has submitted the following information to the director within twenty-four (24) hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five (5) days):

1. A description of the indirect discharge and cause of noncompliance;

2. The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and

3. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

(3) In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

(4) Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.

(5) 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 for the treatment facility is reduced, is lost, or fails.

(b) Prohibited discharge standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in this division or the specific prohibitions in this division 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:

(1) 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

(2) No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when Manatee County was regularly in compliance with its FDEP permit, and in the case of interference, was in compliance with applicable biosolids use or disposal requirements.

(c) Bypass.

(1) For the purpose of this subsection, "severe property damage" means substantial physical damage to property, damage to the user's treatment facilities which cause 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 provisions of paragraphs (3) and (4) of this subsection.

(3) Notice of bypass.

Page 39

a. If a user knows in advance of the need for a bypass, the user shall submit prior notice to the director, at least ten (10) days before the date of the bypass, if possible.

b. A user shall submit oral notice to the director of a unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The director may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours.

(4) Exceptions to enforcement action.

a. Bypass is prohibited, and the director may take an enforcement action against a user for a bypass, unless:

1. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; and

2. 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 preventative maintenance; and

3. The user submitted notices as required under paragraph (3) of this subsection.

b. The director may approve an anticipated bypass, after considering its adverse effects, if the director determines that it will meet the three (3) conditions listed in subparagraph (4)a. of this subsection.

(Ord. No. 98-28, § 13, 9-1-98; Ord. No. 05-69, § 18, 10-25-05; Ord. No. 16-12, § 11, 4-12-16)

Sec. 2-31-55. - Fees and other charges.

The county may adopt, by resolution, reasonable fees for reimbursement of costs of setting up and operating the county's pretreatment program, which fees may include:

(a) Fees for wastewater discharge permit applications, including the costs of processing such applications;

(b) Fees for monitoring, inspection, and surveillance procedures, including the costs of collecting and analyzing a user's discharge, and reviewing monitoring reports submitted by users;

(c) Fees for reviewing and responding to accidental discharge plans and procedures and construction activities;

(d) Fees for filing appeals; and

(e) Other fees as the county may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this division and are separate from all other fees, charges, fines, and penalties chargeable by the county.

(Ord. No. 98-28, § 14, 9-1-98; Ord. No. 16-12, § 11, 4-12-16)

Sec. 2-31-56. - Response to sanitary sewer overflow.

Page 40

If the county discovers or responds to a release or discharge of sewage, other wastewater, or residuals that originated from a private sewage disposal system onto the surface of the ground or surface water body, the director shall take immediate action to halt the release or discharge if technically feasible without damaging the infrastructure of the private sewage disposal system. If the director is unable to take immediate action, the director shall notify or attempt to notify the owner or operator of the system and give the owner or operator one hour to halt the release or discharge and take appropriate action to remediate the sanitary sewer overflow. If the director is unable to notify the owner or operator of the private sewage disposal system or if the owner or operator fails to take appropriate action following notification, the director may take appropriate action to halt the release or discharge and remediate the sanitary sewer overflow, including, but not limited to use of county personnel, vehicles, and equipment or a contracted service provider. The owner or operator of the private sewage disposal system shall be responsible for reimbursement of all costs incurred by the county in halting the release or discharge and remediating the sanitary sewer overflow.

(Ord. No. 16-12, § 12, 4-12-16)

Sec. 2-31-57. - Recovery of costs.

(a) In addition to any other remedies, the county may seek recovery of costs incurred in cleaning any wastewater line to remove buildup of fats, oils, and grease caused by or contributed to by a food service facility. In determining which users may be responsible for such costs, the county shall consider the following factors:

(1) The food service facilities discharging into the affected wastewater line;

(2) The presence of grease removal devices or alternative pretreatment at the food service facility;

(3) Proper maintenance of grease removal devices by the food service facility;

(4) Implementation of BMPs; and

(5) Any variances approved by the director.

(b) The county may seek recovery of costs incurred in responding to or remediating a sanitary sewer overflow that originated from a private sewage disposal system. Such costs may include, but are not limited to, the following:

(1) Labor costs for all county personnel involved;

(2) Equipment costs for all county vehicles utilized, such as pump trucks, vacuum trucks, wash trucks, and other service vehicles;

(3) Costs for consumables utilized, such as absorbent booms, sample containers, and disposable pump tubing;

(4) Laboratory analytical costs for any sample analyses required to evaluate the contamination and ensure that the sanitary sewer overflow is completely mitigated; and

(5) Disposal costs for any wastewater or contaminated materials removed from the sanitary sewer overflow site.

(Ord. No. 16-12, § 13, 4-12-16)

Secs. 2-31-58—2-31-60. - Reserved.