Placement: First Reading of Ordinances / Public Hearing
Action Requested: Motion / Vote
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Ordinance 24-48, Public Hearing, Amending Title VI - Public Utilities, Chapter 60 “Definitions” and Chapter 64 “Wastewater System User Rules” of the City of Port St. Lucie Code of Ordinances.
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Submitted By: Kevin R. Matyjaszek, Utility Systems Director
Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.
Executive Summary (General Business): An industrial pretreatment (IP) program requires non-domestic wastewater dischargers which introduce pollutants to Publicly Owned Treatment Works (POTWs) to comply with pretreatment standards to ensure the goals of the Clean Water Act are attained. These code changes amend Sec. 60.04 “Definitions” to include a distinction for a User as related to industrial use which provides a source of indirect discharge and is defined as the Significant Industrial User or Categorical Commercial (non-residential) Customer or source of discharge of industrial sewage. The City’s code of ordinances requires contributors into the wastewater system to comply with all applicable state and federal laws and requirements set forth by the Clean Water Act of 1977, as amended (CWA), and the United States Environmental Protection Agency (EPA) general pretreatment regulations, Title 40 Code of Federal Regulations (CFR), Part 403. However, if this Ordinance is approved, Sec. 64.01 will expand to protect wastewater facility personnel who may be affected by wastewater and sludge in the course of their employment, the general public, and enable the City to comply with National Pollutant Discharge Elimination System (NPDES) permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the wastewater facility is subject.
Presentation Information: N/A
Staff Recommendation: Move that the Council approve Ordinance 24- to amend sections of Chapter 60 and 64 of the City’s code of ordinances.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve Ordinance 24- to amend sections of Chapters 60 and 64 of the City’s code of ordinances.
2. Move that the Council not approve the ordinance and provide staff with direction.
Background: The Florida Department of Environmental Protection (DEP) oversees the development and implementation of local pretreatment programs in the state. These local pretreatment programs are developed and implemented in accordance with Chapter 62-625, Florida Administrative Code (F.A.C.), § 403.0885, Florida Statutes, and the CWA (33 United States
Code, § 1251 et seq.). Pretreatment is the removal, reduction, or alteration of pollutants in industrial wastewater prior to discharge or introduction into a domestic wastewater treatment facility (“WWTF”). Metal finishing and related operations are a common source of industrial wastewater in Florida that typically requires treatment prior to discharge to a WWTF.
The DEP requires a pretreatment program if a publicly owned WWTF receives discharge from significant industrial users and the WWTF discharges to reuse systems in accordance with the requirements of Chapter 62-610, F.A.C. There are currently 67 active pretreatment programs in Florida with more being developed every day. A Significant Industrial User (SIU) includes Categorical Industrial Users and any other industrial user that discharges an average of 25,000 gallons per day or more of process wastewater to the WWTF; contributes a process waste stream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the treatment plant; or is designated as such on the basis that the industrial user has a reasonable potential for adversely affecting the WWTF’s operation, any portion of the potable reuse system, or for violating any pretreatment standard or requirement in accordance with paragraph 62-625.500(2)(e), F.A.C.
The goals of a pretreatment program:
• To prevent the introduction of pollutants into the WWTF that will cause interference with its operation;
• To prevent the introduction of pollutants into the WWTF that will pass through the WWTF, inadequately treated, into waters of the state;
• To provide protection for both public health and welfare and WWTF workers; and
• To promote beneficial reuse and recycling of domestic wastewater and residuals from WWTF.
Issues/Analysis: The City of Port St. Lucie has one known Significant Industrial User which is already in compliance with the proposed program. If the Ordinance is adopted, the City will send out Industrial Surveys and anticipates approximately five additional customers may be impacted by this code change. The expected results from this ordinance include compliance with DEP domestic waste facility permit requirements and F.A.C. requirements.
Financial Information: This Ordinance amends Sec. 64.09 and includes fees for interceptor inspection and re-inspection. All utility customers were notified of a public hearing for the City Council to consider a fee increase by the billing system as required by Sec. 180.136, F.S. If approved, the Interceptor Inspection Fee is $100 and the Re-Inspection Fee is $50. Additionally, this revised code permits the City to issue “Cease and Desist Orders” if the City finds that a User has violated any provision of the Code, as well as administrative fines and civil penalties. This code also establishes Industrial Wastewater Discharge Permit Fees with an Initial Permit Fee of $1,100 and a Renewal Permit Fee of $900 per year.
Special Consideration: The City cannot estimate how many SIU’s are impacted until we are able to conduct Industrial Surveys, which are not required to be answered absent an ordinance. Additionally, this code re-write grants the Utility Systems Department Director authority to administer, implement and enforce the provisions of the ordinance. Whenever deemed necessary, the Director may require Users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and such other conditions as may be necessary to protect the POTW and determine the User’s compliance with the requirements of this ordinance. The Director may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. An individual wastewater discharge permit may be issued solely for flow equalization. Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter. Separately, Connection Support sent letters out to all the businesses impacted by the grease interceptor fees to notify them in advance of this pending code change.
Location of Project: N/A
Attachments: 1. Ordinance 24 - ___
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 24193-08
Legal Sufficiency Review:
Reviewed by Russell Ward, Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, Interim City Attorney.