Article 7. SUBDIVISION AND INFRASTRUCTURE

§ 7.2. Required Infrastructure.

Latest version.

Purpose and Intent. It is the intention of the City that all infrastructure needed to sustain development and land use activities shall meet certain minimum standards in order to ensure safe and effective operation and minimize maintenance needs.

Applicability. The standards in this section apply to all development unless expressly exempted.

General Standards.

All plans and specifications for required infrastructure shall be reviewed and approved prior to construction. After construction improvements shall be inspected and, if approved as built, a certificate of completion shall be issued.

All development shall comply with the most recent version of the City's Standard Details, Construction Notes, and As-Built Drawing Requirements.

If a development has been designed and built with private infrastructure, the City will not allow the infrastructure to be dedicated to the public until the infrastructure improvements are designed, approved, and constructed to meet current City Standard Details (also referred to as Engineering Standards for Design and Construction).

Streets.

Location. The location and width of all proposed streets shall be consistent with the comprehensive plan. The proposed street layout shall be integrated with the street system of the surrounding area. Where possible, existing arterials shall be extended. If street access to an adjoining property is desirable, extension of the proposed street to the property line and development of a temporary turnaround may be required. Where a subdivision borders on or contains other than local streets, a marginal access street or single tier lots may be required in the interests of maintaining street capacity and enhancing public safety. A buffer screen of decorative masonry or plant materials shall be required in connection with such subdivisions.

Private Streets. There shall be no private streets or reserve strips platted in any subdivision except in planned development districts. Private streets shall be constructed in accordance with minimum standards for public streets.

Street Name. A proposed street which is in alignment with another existing and named street shall bear the name of the existing street. In no case shall the name for a proposed street duplicate or be similar to existing street names irrespective of the use of the suffix "street," "avenue," "boulevard," "drive," "place," "court," and the like. Street names shall require approval.

Minimum Width. Minimum right-of-way and street paving widths are set forth in the tables below.

Minimum Right-of-Way Width in Feet
Principal arterial	120
Minor arterial	100
Collector	70
Local streets	50
Marginal access street	40

Minimum Pavement Width in Feet
Principal arterial	Each roadway 36
Minor arterial	Each roadway 26
Collector	48
Local street	24
Marginal access street	24
Notes: 1. Width of actual driving surface, not including curb and gutter section or roadway shoulder.

Grading. All streets shall be graded to the full right-of-way width to the cross sections and profiles shown by the roadway plans.

Cross Section.

Street cross sections shall conform to City Standard Details (also referred to as Engineering Standards for Design and Construction). All residential subdivisions shall contain urban roadway sections. Rural roadway sections may be permitted within industrial subdivisions, if appropriate.

A stabilized subgrade to support the pavement base shall be constructed to a depth of at least 12 inches under arterial streets and at least six inches under all other streets. A greater depth may be required where conditions warrant. The subgrade shall be stabilized to no less than 75 pounds using the Florida Department of Transportation bearing method.

Two inches minimum thickness of Asphalt Bituminous Concrete Type SP-9.5 (Superpave) pavement shall be required on all arterial streets and collector streets. One and one-half inches minimum thickness of Asphalt Bituminous Concrete Type SP-9.5 (Superpave) pavement surface shall be required on all other streets.

A base of one of the following materials shall be constructed at the compacted thickness indicated. The type of base used shall be selected by the City.

Base Material	Arterial and Collector Streets	Other Streets
Limerock	8 inches	8 inches
Crushed concrete	8 inches	8 inches min
Hot plant mix asphalt	6 inches min base	6 inches min

Subsurface Drainage. Where the groundwater table is within the stabilized subgrade areas, subsurface drains shall be constructed along the streets.

Curb and Gutter. Florida Department of Transportation type monolithic curb and gutter shall be constructed on both sides of all streets unless specific site investigation of soils, groundwater table, slopes, topography, and flooding potential demonstrate that other methods will minimize the impact of surface drainage on the environment. The most appropriate system for stormwater management shall be decided by the City.

Horizontal Curves. Where a centerline deflection angle of more than two degrees occurs, a circular curve shall be introduced, having a centerline radius of not less than the following, unless the use of super elevation is approved. In cases where super elevation is allowable, the curve radius may be decreased in accordance with applicable AASHTO criteria.

Minimum Centerline Radius in Feet
Principal arterial	825
Minor arterial	450
Collector	300
Local street	100

10.

Vertical Alignment. Vertical curves shall be required where the algebraic difference in intersecting grades equals or exceeds the values in the table below, or as modified by the City Engineer. All vertical curves shall be of sufficient length to provide a safe stopping sight distance compatible to the design speed of the roadway. Minimum length of all vertical curves shall be 100 feet. Minimum cross slopes or super-elevation rates of 0.0208 feet per foot shall be utilized for the design of all roadways.

Intersecting Grades
Principal arterial	0.5% difference
Minor arterial	0.6% difference
Collector	0.8% difference
Local street	1.0% difference

11.

Gradients. Minimum gutter flow-line gradient for all streets shall be 0.3 percent. Maximum centerline gradient for designated arterial streets shall not exceed six percent. Maximum gradients for all other streets shall not exceed ten percent.

12.

Tangents. A tangent of not less than 100 feet in length shall be provided between reverse curves on all collector and arterial streets unless otherwise approved due to special circumstances.

13.

Intersections.

Streets shall intersect as nearly as possible at right angles. No street shall intersect at less than 60 degrees.

Intersections with an arterial street shall be at least 800 feet apart measured from centerline to centerline.

Curblines at street intersections shall be rounded with a minimum radius of 20 feet. At an angle of intersection of less than 75 degrees or a pavement width exceeding 40 feet, a greater radius may be required.

A centerline offset of at least 125 feet shall be provided at street jogs.

Where an arterial street intersects within 150 feet of another arterial street, the right-of-way width shall be increased by ten feet on both sides to permit proper intersection design. This additional right-of-way shall be dedicated or conveyed as a public right-of-way easement.

Where deemed necessary for safety and welfare of pedestrians, a pedestrian crosswalk of eight feet minimum width shall be provided.

Multiple intersections involving the juncture of more than two streets are prohibited. Sight distances from any intersection shall be in accordance with the Florida Department of Transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Green Book).

The City Engineer may modify the above standards on finding that engineering studies demonstrate that such modification meets the intent of the standard to an equivalent degree.

14.

Subdivision Entrance Roads. Intersections created by construction of subdivision entrance roads connecting to existing arterial and collector streets may require improvements such as deceleration and acceleration lanes, left turn lanes, bypass lanes, and signalization. The criteria for determining the need for such improvements will include existing and projected traffic on both roads, horizontal and vertical alignment of the road to which the entrance road is to be connected, future road improvement plans, sight distance, and other criteria deemed appropriate.

15.

Cul-de-sac. Dead-end streets shall not exceed 1,200 feet in length and shall have a turnaround with a right-of-way diameter of at least 90 feet and a minimum paved surface diameter of 80 feet.

16.

Landscaping. Landscaping of public rights-of-way shall be provided in accordance with a plan submitted with the plan for other street improvements.

17.

Lighting. All streetlight locations shall be approved by the City.

Sidewalks. Sidewalks and bicycle travel and access areas are required on both sides of all streets in accordance with this subsection.

Sidewalks.

Subdivision. Sidewalks shall be constructed in all new subdivisions at the time of plat approval.

Site Plan. Sidewalks in existing subdivisions shall be constructed along any right-of-way adjacent to the development, between the development and the paved roadway. Sidewalks shall logically extend and connect to existing sidewalks, or connect the new development with existing or proposed sidewalks in the right-of-way.

Construction Standards.

All sidewalks shall be constructed of Portland cement concrete to the minimum thickness specified in the City Standard Details (also referred to as Engineering Standards for Design and Construction).

ii.

All sidewalks shall be ADA compliant and be at least five feet in width.

iii.

Sidewalks shall include ADA-compliant curb ramps at intersections with streets.

iv.

On rights-of-way not owned or maintained by the City, the construction requirements of the maintaining jurisdiction shall apply.

Bicycle Facilities.

Bicycle travel and access areas shall be coordinated with general vehicular traffic and directed to provide safe access to bicycle parking areas, main entrances, and other appropriate focal points.

Bicycle travel areas shall be provided as paved shoulders four feet in width along streets where curbing is not required. On curbed streets, the curb lanes shall be 12 feet in width, measured from the edge of roadway pavement (not including the curb and gutter section).

Modification of Sidewalk or Bicycle Requirements.

Where installation of sidewalks or bicycle areas is not appropriate at the time of development, in lieu of installation the developer may provide the City a performance guarantee; and the City shall use the guarantee to install the improvements when conditions warrant.

All or a portion of the sidewalk requirements may be waived for infill developments on previously subdivided lots generally located east of Clyde Morris Blvd. where there are no existing sidewalks in the area.

Bridges.

Bridge design shall conform to the design criteria of the latest edition, AASHTO Standard Specifications for Highway Bridges. Prior to design of bridges, the engineer shall submit design load criteria for approval.

Bridges shall be constructed to the width of the connecting roadway pavement with an additional allowance on each side for a pedestrian walk and safety flare.

Bridges over canals and waterways shall have center clear spans and vertical clearances as specified unless a greater width is deemed necessary due to hydraulic or structural consideration. Center lift or swing spans on bridges may be permitted.

Materials and methods of construction shall conform to the Department of Transportation Standard Specifications for Road and Bridge Construction, latest edition. Bridges shall be constructed of precast concrete, prestressed concrete, cast-in-place concrete, composite concrete and steel, or steel.

Potable Water System.

The water system shall be installed in accordance with the rules for extension adopted by the City Commission.

The City will not accept operation and maintenance responsibility for the water system unless it meets the regional needs of the area and adjacent properties.

Water service shall be by single or master meter only. Fire hydrants located on private property shall be private and subject to the monthly service charge for each hydrant.

Water mains should not be placed under concrete curb islands or sidewalks. Ductile iron class 51, cement lined, and galvanized services are required.

One hundred fifty psi pressure test on the water mains is required.

Meter boxes shall not be located in vehicular use areas or sidewalks. Water meters shall be located in close proximity to the property boundary.

Reuse Water System.

A reuse water system shall be installed in accordance with the requirements of Florida Department of Environmental Protection, F.A.C. ch. 17-610, in all new developments greater than five acres in overall size, if the City's reuse water plan shows reuse water availability for the site within 15 years. Use of reuse water shall be limited to irrigation of public and private landscaped areas and aesthetic uses. Any other use is prohibited.

The cost for the reuse water system shall be the responsibility of the developer, except that the City may agree to fund reuse water system piping greater than 12 inches in diameter.

Where reuse is available, it shall be utilized as the primary source for irrigation.

Fire Protection.

Hydrants located within single-family and duplex residential subdivisions shall be connected to water mains of six-inch minimum size. Connection to dead-end stubs may be acceptable, providing the required fire flow can be achieved. In no case shall residential hydrant spacing exceed 1,000 feet, measured along the roadway. No part of a building intended for occupancy shall be more than 500 feet in distance from the nearest hydrant.

Hydrants located in areas with commercial, multifamily, or industrial development shall be spaced no further than 500 feet apart as measured along the roadway. The hydrant shall connect to water mains of adequate size to meet the design flow demand.

General area fire flow requirements are established as follows:

Land Use Type	Area Fire Flows	Residual Pressure
Single-family, duplex, triplex	500 gallons/min.	20 psi
Multifamily	1,000 gallons/min.	20 psi
Commercial, industrial	2,000 gallons/min.	20 psi

Residential Utilities.

In residential areas, all new utility lines for electricity, telephone, gas, and television communication shall be placed underground.

Water, sewer, reuse, and stormwater infrastructure shall be constructed to current City standards for any residential subdivision or any residential development.

Easements.

When easements for City utilities are provided outside the right-of-way, the minimum width shall be 20 feet for one utility and 25 feet for two utilities.

Easements shall be for the exclusive use of the City utilities of water, reuse water, sanitary sewer, and storm sewers.

No building, sign, or wall footers will be allowed to encroach within the City's utility easement.

Where street trees are provided between the back of the curb and the sidewalk in accordance with Section 6.13.K, Street Trees, an easement for public utilities shall be provided outside of the sidewalk.

When vacating a City right-of-way the City will require an easement, at a minimum width, the same as the existing right-of-way.

Storm Drainage System. A storm drainage system shall be designed and installed in accordance with the stormwater regulations provided in this LDC. Where other jurisdictions also have permitting authority, the most stringent regulation shall apply.

Stormwater Management.

Purpose.

Stormwater management is necessary to protect, maintain and enhance the immediate and long-term health, safety, and general welfare of the citizens of Daytona Beach, while allowing landowners reasonable use of their land.

These provisions are intended to achieve the following objectives:

To protect the chemical, physical and biological quality of groundwaters and surface waters.

ii.

To encourage the protection of natural systems and the use of them in ways which do not impair their beneficial functioning.

iii.

To discourage reliance on drainage systems which depend on the use of electrical energy or petroleum fuels to move water, remove pollutants, or maintain the system.

iv.

To perpetuate groundwater recharge.

To prevent and reduce saltwater intrusion into the groundwater system.

vi.

To reduce erosion loss of valuable topsoils and subsequent sedimentation of surface water bodies.

vii.

To protect the habitat of fish and wildlife.

viii.

To minimize the production of disease vectoring mosquitoes.

ix.

To prevent significant loss of life and property due to flooding.

To reduce the capital expenditures associated with floodproofing and the installation and maintenance of storm drainage systems.

xi.

To minimize the adverse impact of development on the water resources of the community.

xii.

To prevent the lowering of the existing groundwater table elevations to the detriment of other objectives.

The City acknowledges that, under certain circumstances, it will not be possible or practical to meet all of these objectives. In these cases, development will be evaluated to determine the methods and approaches by which the developer proposes to mitigate any adverse effects which may otherwise result from the practical inability to meet all of the overall objectives.

It is presumed that the lowering of the water table for the purpose of constructing detention/retention basins and for the purpose of permanently protecting road construction does not conflict with the objectives if all of the following conditions are met:

The development site is not in an area known, based on data collected and interpreted by the U.S. Geological Survey, the St. Johns River Water Management District, the county or municipal engineers, and other professional investigators, as important to recharge or to prevention of discharge of the Floridian Aquifer.

ii.

The proposed lowering of the water table shall be no more than 15 percent of the site to a depth of five feet below the surface of the existing undisturbed ground, or an equivalent volume, provided that there is a maximum depth of five feet, said area to be measured at the overflow elevation of the retention areas.

iii.

If ditches, underdrains, or similar devices are used to lower the water table, the lateral volumetric effect will be calculated, and the volume will be deducted from that allowed for retention areas.

iv.

The high water table may be lowered up to two feet below the undisturbed ground in the vicinity of roads for the purpose of protecting the subbase and base of the roadway and/or for the purpose of preventing mosquito breeding in the roadside swales.

The lowering of the water table has no adverse effect on wetlands.

vi.

The lowering of the water table does not increase flows to the detriment of neighboring lands.

Stormwater Management Plan Required.

The following activities may potentially alter or disrupt existing runoff patterns. Prior to undertaking any such activity, a stormwater management plan shall be submitted and approved:

Clearing, draining, compacting, filling, changing grade, or excavating of land or otherwise altering the natural flow pattern.

ii.

Converting agricultural lands to nonagricultural uses.

iii.

Subdividing land or replatting recorded subdivisions.

iv.

Development of recorded and unrecorded subdivisions.

Construction of a structure or change in the size of one or more structures.

vi.

Changing the use of land.

vii.

Altering the shoreline or bank of any surface water body or watercourse.

The following activities shall be exempt from the requirement for submission of a stormwater management plan:

Bona fide agricultural pursuits including forestry, except where an artificial drainage system will be used to increase the flow of surface water from the applicant's land.

ii.

Maintenance work performed on existing mosquito control drainage canals for the purpose of public health and welfare.

iii.

Maintenance work on utility or transportation systems, provided such maintenance work does not alter the purpose and intent of the system as constructed.

iv.

Maintenance work performed on existing stormwater detention/retention structures and drainage channels for the purpose of public health and welfare.

Maintenance or renewal of existing pavement or buildings.

These requirements shall not be construed to prevent the doing of any act necessary to prevent material harm to or destruction of real or personal property as a result of a present emergency, including but not limited to fire and hazards resulting from violent storms or hurricanes or when the property is in imminent peril and obtaining a permit is impractical. A report of any emergency action shall be made by the owner or person in control of the property on which the emergency action was taken as soon as practicable, but no more than ten days following such action. Remedial action may be required.

Single-family and Duplex Residential, and Minor Commercial Development.

For construction of single-family and duplex residences, including accessory structures, on existing lots of record, the stormwater management plan requirement may be satisfied by filing a plan as described herein with the Building Permit or Site Plan application, and adhering to the plan.

For construction of minor commercial developments, including accessory structures, on existing lots of record, the stormwater management plan requirement may be satisfied by filing a plan as described herein with the building permit or site plan application, provided the following conditions are met:

The increase in impervious surface shall not exceed 1,000 square feet.

ii.

The proposed development does not change existing grades on the site.

iii.

The proposed development does not alter any existing stormwater management system, change the existing drainage patterns of the site, nor impede existing drainage patterns of adjacent properties.

The stormwater management plan for development described herein shall include:

The names, addresses, and telephone numbers of the developer and owners.

ii.

The street address and legal description of the development and a description of the improvement.

iii.

The owner or developer shall certify that the development as constructed will operate as follows:

(a)

Not obstruct the natural flow of stormwater runoff.

(b)

Not drain stormwater runoff onto adjacent lands not now receiving runoff from the project area.

(c)

Not increase stormwater runoff to adjacent lands.

(d)

Not concentrate the discharge of runoff onto adjacent lands in such a manner as to present a flooding hazard or cause soil erosion.

(e)

Not adversely affect adjacent lands and structures.

(f)

Provide a positive drainage outlet from the site.

(g)

Not adversely impact adjacent wetlands or watercourses.

(h)

Employ measures to control soil erosion on the site.

(i)

Provide positive conveyance away from the foundation of the structure.

iv.

Additional information may be required if necessary to evaluate the effect of the development.

A Certificate of Occupancy for any development shall be denied if construction is not completed consistent with the certifications contained in the stormwater management plan.

Construction not Exceeding 5,000 Square Feet.

For construction of or addition to any structure or pavement not exceeding 5,000 square feet of impervious area, the stormwater management plan requirement may be satisfied by submission of drawings and data sufficient to determine that the development will have no adverse impacts due to alteration of stormwater runoff patterns caused by the development.

No development shall be entitled to review in accordance with this provision more than one time.

Development of Less than One Acre. For development or redevelopment of more than 5,000 square feet of impervious area on any parcel of record less than one acre in total size, the following performance criteria shall be met:

The volume of retention provided shall be equivalent to one-half inch of depth over the entire site area. For certain soil conditions or groundwater table conditions which do not permit the percolation of this volume within the five days following a storm event, detention with filtration systems in lieu of retention may be approved.

A positive drainage system shall be provided which will not adversely impact downstream owners or adjacent lands.

Where possible, natural vegetation shall be used as a component of the drainage system. The water table should not be manipulated in a manner which endangers natural vegetation beneficial to water quality.

Runoff from higher adjacent lands shall be considered and provisions for conveyance of such runoff shall be included in the drainage plan.

No site alteration shall allow water to become a health hazard or contribute to the breeding of mosquitoes.

Stormwater runoff shall be subjected to best management practices to prevent or reduce the amount of soil erosion and pollution caused by the project.

Water retention structures shall be constructed subject to approval.

Runoff shall be treated to remove oil and floatable solids before discharge from the site.

Development of One Acre or More. For development or redevelopment on land one acre or larger with more than 5,000 square feet of impervious area, or any development not otherwise provided for, the performance criteria for stormwater management shall be as follows:

As a minimum, the runoff from the first one inch of rainfall from each storm over the developed or redeveloped portion of the site shall be retained on the site except in cases where soil or groundwater table conditions are not conducive to such practice, in which case the first inch shall be detained and released over a period of 24 to 72 hours.

The cumulative impact of the discharge from the site on downstream flow shall be considered in analyzing discharge from the site. Detention structures shall be designed to release runoff to the downstream drainage system over a period of time so as not to exceed the capacity of the existing downstream drainage system. The peak rate of discharge from a site after development or redevelopment shall approximate the peak rate of discharge from the site prior to development or redevelopment as computed for the 25-year and/or 100-year 24-hour storms, with runoff rates in excess of 110 percent of the predevelopment rate accommodated in an approved manner on site.

The volume of runoff from a site after development or redevelopment shall approximate the volume of runoff from the site prior to development or redevelopment and shall not exceed the latter volume by more than ten percent for a 25-year 24-hour storm unless the intent of this recharge provision will be met through detention of the difference between said volumes, in which case said volume difference may be released over not less than a 24- nor greater than a 72-hour period of time. This requirement may be waived by the City Engineer for sites consisting predominantly of poorly drained soils having permanently and naturally impaired recharge potentials.

Where possible, natural vegetation shall be used as a component of drainage design. The manipulation of the water table should not be so drastic as to endanger the natural vegetation beneficial to water quality.

Runoff from higher adjacent or upstream lands shall be considered and provision for conveyance of such runoff shall be included in the drainage plan.

No site alteration shall allow water to become a health hazard or contribute to the breeding of mosquitoes.

No site alteration shall cause siltation of wetlands, pollution of downstream wetlands or reduce the natural retention or filtering capabilities of wetlands.

Stormwater runoff shall be subjected to best management practices prior to discharge into natural or artificial drainage systems. Best management practices shall mean a practice or combination of practices determined by the City to be the most effective and practical means of preventing or reducing the amount of siltation and pollution generated by the project.

All site alteration activities shall provide for such water retention and settling structures and flow attenuation devices as may be necessary to insure that foregoing standards and requirements are met.

Design of water retention structures and flow attenuation devices shall be subject to approval of the City.

Runoff shall be treated to remove oil and floatable solids before discharge from the site in a manner approved by the City.

Review.

To expedite review of large or complex projects, the applicant may authorize the City to retain a professional consultant paid for by the applicant to evaluate the design.

In approving or denying an application, the following factors shall be considered:

The characteristics and limitations of the soil at the proposed site with respect to percolation and infiltration.

ii.

The existing topography of the site and the extent of topographical changes after development.

iii.

The existing vegetation of the site and the extent of vegetational changes after development.

iv.

The plans and specifications of structures or devices the applicant intends to employ for on-site stormwater retention/detention with filtration, erosion control and flow attenuation.

The impact the proposed project will have on the natural recharge capabilities of the site.

vi.

The impact the proposed project will have on downstream water quantity and quality and specifically the potential for downstream flooding conditions.

vii.

The continuity of phased projects. Projects to be developed in phases require the submission of an overall plan for the applicant's total land holdings.

viii.

The effectiveness of erosion control measures during construction.

ix.

Permits required by any governmental jurisdiction to be obtained prior to the issuance of a permit under the LDC.

The effect the proposed water management will have upon mosquito breeding habitat.

xi.

The adequacy of easements for drainage systems in terms of both runoff conveyance and maintenance.

xii.

The method of handling upland flow which presently discharges through the site.

xiii.

The maintenance entity responsible for upkeep of the system upon its completion.

Maintenance.

The installed on-site retention/detention systems and drainage facilities required shall be maintained by the owner. The owner shall be required to execute a system maintenance agreement which shall permit the City to inspect the premises at reasonable times and to take corrective action should the owner fail to properly maintain the system.

The City shall give written notice to the owner of record as appears on the latest property tax rolls by mail of the nature of any violation and order corrective action. Should the owner fail within 30 days from the date of the notice to take corrective action or appeal the notice and order, the City may enter upon the lands, take such corrective action it deems necessary, and place a lien on the property of the owner for the costs thereof.

Certain off-site systems as identified by the City's stormwater master plan, which are to provide general public benefits, may be accepted by the City for maintenance. All areas and structures to be maintained by the City must be dedicated to the City by plat or separate instrument and accepted by action of the City Commission.

Plan Adherence.

The applicant shall be required to adhere strictly to the plan approved. Any changes or amendments to the plan must be approved in writing.

After completion of the project, the City may require that the professional engineer in charge certify compliance with terms of the permit and submit as-built plans.

The filing of an application for a permit shall constitute a grant and consent by the owner for enforcement officials to enter and inspect the project to insure compliance.

10.

Appeals.

Within 20 days from the date of mailing of the notice of a determination, an applicant may petition for a hearing before an Appeals Board consisting of the City Manager, Planning Director, and Public Works Director, or a designee.

A hearing shall be held within 20 days from the time the petition was received by the City. The Board shall review the appropriateness of the action taken giving due consideration to the objectives and requirements of the LDC. The board shall reverse, affirm, or modify the determination within ten days from the date of the hearing.

11.

Penalties. Where work for which a permit or approval is required is commenced prior to obtaining the permit or approval, the fees specified shall be doubled. Payment of the double fee shall not preclude the imposition of any other penalties provided by the LDC nor relieve any persons from fully complying with the requirements or completing all work in accordance with the site plan and remedying all nonpermitted changes.

Illicit Discharge and Connection to the Stormwater Drainage System.

Purpose. The purpose of this section is to provide for the health, safety, and general welfare of the citizens of the City of Daytona Beach through the regulation of non-stormwater discharges to the municipal separate storm sewer system (MS4) to the maximum extent practicable, as required by federal and State law. This section establishes methods for controlling the introduction of pollutants into the MS4 in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this section are:

To regulate the contribution of pollutants to the MS4 by stormwater discharges by any user; and

To prohibit illicit connections and discharges to the MS4; and

To establish legal authority to carry out all inspection, surveillance, monitoring, and enforcement procedures necessary to ensure compliance with this section.

Applicability. This section shall apply to all water entering the MS4, unless explicitly exempted.

Responsibility for Administration.

The City shall administer, implement, and enforce the provisions of this section.

The standards set forth herein are minimum standards. Compliance with this section will not ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants.

Prohibitions.

Illegal Discharges. No person shall discharge or cause to be discharged into the MS4 or any watercourse any materials, including but not limited to pollutants or waters containing any pollutants, that cause or contribute to a violation of applicable water quality standards, other than stormwater. The following discharges are excepted from this prohibition:

Water line flushing or flushing of other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, foundation or footing drains (not including active groundwater dewatering systems), construction dust control, crawl space pumps, air conditioning condensation, springs, street cleaning, non-commercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools (if dechlorinated, less than one PPM chlorine), firefighting activities, and any other water source not containing pollutants.

ii.

Discharges specified in writing by the City as being necessary to protect public health and safety.

iii.

Dye testing if verbal notification has been given to the City prior to the time of the test.

iv.

Non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the MS4.

Illicit Connections. The construction, use, maintenance, or continued existence of a connection to the MS4 without a valid permit, or reconnection after suspension without authorization is prohibited. This prohibition expressly includes, without limitation, connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

Proof of Compliance with NPDES Permit Required. Proof of compliance with the NPDES permit issued to the City shall be provided prior to connection or discharge to the MS4.

Monitoring.

The City shall be permitted to enter and inspect facilities and premises subject to regulation under this section as often as necessary to determine compliance with this section. Facility operators and premises occupants shall allow the City ready access to all parts of the premises for the purposes of inspection, sampling, examination, and copying of records necessary under the conditions of an NPDES permit to discharge stormwater, and the performance of any additional duties as defined by State and federal law.

The City shall have the right to set up any devices on the premises that are necessary to conduct monitoring and sampling of the facility's stormwater discharge.

The City has the right to require the discharger to install monitoring equipment. The facility's or premises' sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. All testing of samples must be performed by a State certified laboratory.

Any obstruction to safe and easy access to the facility or premises to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the City and shall not be replaced. The costs of clearing such obstruction shall be borne by the facility operator.

Denying access or unreasonable delay in allowing the City access to a permitted facility or premises is a violation of this section.

If necessary, the City may seek an administrative search warrant in accordance with Florida law to enforce the provisions of this section.

Watercourse Protection. Every person owning or leasing land through which a watercourse passes shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.

Notification of Spills.

Notwithstanding any other requirement of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the MS4, or waters of the United States, the person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release.

In the event of a release of hazardous materials, the person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services.

In the event of a release of non-hazardous materials, the person shall notify the City in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice to the City within three business days of the verbal notice.

If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.

Permit Required.

A permit shall be required prior to engaging in any dewatering activities, or in any construction activity that changes the impervious area of land. Dewatering activities include the removal of ground water from a construction site, enclosed vault, cofferdam, or trenches allowing construction or maintenance to be done in the dry, or any activity which changes the impervious area of land.

An applicant for a permit shall submit an application providing the following information:

Name, address, and phone number of the applicant and any agent authorized to proceed with the application. If the agent signs the application, the notarized proof of authorization form provided by the City must be signed by the owner of the land.

ii.

A description of the process that will be used, including identification of all materials, agents, chemicals, substances, etc., to mitigate adverse effects.

iii.

Location and anticipated dates of the dewatering or construction activity:

(a)

An application for a site specific permit shall include a description of the location for the specific site of proposed dewatering activity.

(b)

An application for a general purpose permit shall include a schedule of a minimum of six months of dewatering activity and locations of such activity. By the end of such six-month period, applicant shall update the schedule of dewatering activity and locations of such activity to reflect the schedule for the remaining six-months of the year.

iv.

A copy of the FDEP Notice of Intent, if applicable.

Any other information the City may require.

vi.

All application fees.

(a)

County, State, and federal agencies shall be exempt from the general purpose permit fee.

(b)

Site specific permits shall require the payment of a per acre fee based on the size of the development.

(c)

General purpose permits shall require the payment of an annual fee.

Permit holders shall immediately notify the City of any location changes, anticipated changes to scheduled maintenance involving discharge into the MS4, or any other changes in the information provided in the permit application.

General purpose permits shall be displayed at the local corporate office of the entity performing routine dewatering activities into the MS4. Site specific permits shall be available on site.

Notification shall be provided to the City when all activities pursuant to the permit are complete.

10.

Permit Criteria; Denial and Revocation.

The City may deny any permit application if:

The permit application contains a false statement of material fact.

ii.

Proper dewatering techniques that filter water of sediments, oils, and other chemicals, preventing pollutants from entering the surface waters are not proposed.

The City may revoke any permit if:

The permit holder has violated a permit condition.

ii.

The permit holder fails to adhere to proposed dewatering techniques or locations or activity.

The denial or revocation of a permit shall be made in writing with the grounds for such action.

Upon notice that a permit has been revoked, all activity must cease.

11.

Enforcement.

The provisions of this section may be enforced and violations punished as set forth in Article 10: Enforcement.

The City may suspend access to the MS4 for any person discharging or connecting in violation of this section.

The City may, without prior notice, suspend MS4 access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or waters of the United States. If the violator fails to comply with an emergency suspension order, the City may take any action necessary to prevent or minimize damage or danger.

Sanitary Sewer System.

Sanitary sewers must be designed to consider adjacent lands and prevent duplication. The City will not accept operation and maintenance responsibility for the sanitary sewer system unless it meets the regional needs of the area and adjacent lands.

All PVC pipe within the proposed public sewer system shall meet ASTM 3034 SDR 35.

All public manholes shall use the approved boot connection to prevent infiltration.

All visible infiltration shall be corrected prior to acceptance of the sanitary sewer system. Proper bedding will be required to ensure passage of the City GO-NO-GO gauge (five-percent deflection limit).

Sewer cleanouts shall not be located in sidewalk areas.

Ninety psi pressure test on force mains is required.

Public Sanitary Sewer System Pretreatment.

Purpose, Policy, and Title.

This subsection sets forth uniform requirements for users of the publicly owned wastewater treatment works and enables the City of Daytona Beach to comply with all applicable State and federal laws, including the Clean Water Act, 33 USC 1251 et seq., and the General Pretreatment Regulations, 40 CFR part 403. The objectives of this subsection are:

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

ii.

To prevent the introduction of pollutants into the POTW that will pass through the POTW, inadequately treated, into receiving waters, or otherwise be incompatible with the POTW;

iii.

To protect both POTW personnel who may be affected by wastewater and sludge in the course of their employment and the general public;

iv.

To promote reuse and recycling of wastewater and sludge from the POTW;

To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the POTW; and

vi.

To enable the City to comply with its National Pollutant Discharge Elimination System Permit conditions, sludge use and disposal requirements, and any other federal or State laws to which the POTW is subject.

vii.

These requirements are in accord with the Clean Water Act, 33 USC 1251 et seq., and FAC ch. 62-625.

This subsection will apply to all users of the POTW. This section authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

The provisions of this Section 7.2.P will be known and may be referred to as "The City of Daytona Beach Pretreatment Code" or "the Pretreatment Code."

Administration.

City Manager to Administer. The City Manager will be responsible for administration and enforcement of the Pretreatment Code. The City Manager may designate other City officers, employees, or agents to perform administrative functions, make determinations, and enforce various provisions. Designation need not be in writing and may be inferred.

Authority to Adopt Regulations. The City Manager may adopt regulations providing policies and procedures for the implementation and enforcement of the Pretreatment Code. Where adopted, such policies and procedures will be used by City staff, landowners, and developers in the application for review, and issuance of development orders, but deviations from such policies or procedures will not be a basis for invalidation of any development order or determination, provided all requirements of the Pretreatment Code have been met.

Best Management Practices. The City Manager is authorized to establish best management practices to be applied individually to significant industrial users on a case-by-case basis, in order to protect the POTW from pass through and interference, ensuring the safety of WWF employees, and the minimization of adverse effects on wastewater residuals disposal.

Right of Entry. Any person acting under the direction of the City Manager in the performance of functions and duties in accordance with the Pretreatment Code may enter upon any land and make inspections, examinations, and surveys as necessary in its administration and enforcement.

Conflict. In the event of a conflict between any regulations of the Pretreatment Code, or these regulations and any other regulations governing the same activity, the most restrictive regulation will apply.

Abbreviations. The following abbreviations, when used in the Pretreatment Code, will have the designated meanings:

Abbreviations
CBOD	Carbonaceous biochemical oxygen demand
CFR	Code of Federal Regulations
COD	Chemical oxygen demand
EPA	U.S. Environmental Protection Agency
FAC	Florida Administrative Code
FDEP	Florida Department of Environmental Protection
gpd	gallons per day
mg/l	milligrams per liter
NPDES	National Pollutant Discharge Elimination System
NSCIU	Non-significant categorical industrial user
POTW	Publicly owned treatment works
RCRA	Resource Conservation and Recovery Act
SIC	Standard Industrial Classification
TSS	Total suspended solids
USC	United States Code
WWF	The City's Wastewater Facility

Use of Public Sewers Required.

It is unlawful to place, deposit, or permit to be deposited in any unsanitary manner on public or private land within the City, or in any area under the jurisdiction of the City, any human or animal excrement, garbage, grease, oil, or other objectionable waste.

It is unlawful to discharge to any natural outlet or storm sewer within the City, or in any area under the jurisdiction of the City, any sewage or other polluted waters.

Except as herein provided, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.

The owner of every house, building, or land used for human occupancy, employment, recreation, or other purposes situated within the City and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the City is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer within 90 days after date of official notice to do so, if the public sewer is within 200 feet of the property line.

Private Sewage Disposal.

Where a public, sanitary, or combined sewer is not available within 200 feet of the property line, the building sewer will be connected to a private sewage disposal system complying with the provisions of the Pretreatment Code.

Before commencement of construction of a private sewage disposal system, the owner will obtain a permit from Volusia County.

A private sewage disposal system will not begin operating until the installation is completed to the satisfaction of Volusia County.

The type, capacities, location and layout of a private sewage disposal system will comply with all recommendations of the FDEP. No private sewage disposal system employing subsurface soil absorption facilities will be permitted unless it conforms to all current regulations. No septic tank or cesspool will be permitted to discharge to any natural outlet.

At such time as a public sewer becomes available to a land served by a private sewage disposal system, a direct connection will be made to the public sewer within 365 days, and any septic tanks, cesspools, and similar private sewage disposal facilities will be abandoned and filled with suitable material.

The owner will operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City.

Nothing herein will be construed to interfere with any additional requirements that may be imposed by health agencies.

Building Sewers and Connections.

No unauthorized person will uncover, make any connection with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining an administrative permit. The permit application will be supplemented by any plans, specifications, or other information necessary. A permit and inspection fee will be paid to the City at the time the application is filed.

All costs and expenses incidental to the installation of the building sewer will be borne by the owner. The owner will indemnify the City against any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

A separate and independent building sewer will be provided for every building; except that where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. Old building sewers may be used in connection with new buildings only when they meet all requirements.

All building sewers will comply with the following construction requirements:

The size, slope, alignment, and materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, will all conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the City. In the absence of Code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 will apply.

ii.

Whenever possible, the building sewer will be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain will be lifted by an approved means and discharged to the building sewer.

iii.

The connection of the building sewer to the public sewer will conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the City or the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections will be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the City before installation.

iv.

No person will make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which, in turn, is connected directly or indirectly to a public sanitary sewer.

The applicant for the building sewer permit will notify the City when the building sewer is ready for inspection and connection to the public sewer. The connection will be made under the supervision of the City.

All excavations for building sewer installation will be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public land disturbed in the course of the work will be restored in a manner satisfactory to the City.

Prohibited Discharge Standards.

General Prohibitions. No user will introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, State, or local pretreatment standards or requirements.

Specific Prohibitions. No user will introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:

Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed-cup flashpoint of less than 140° F (60° C) using the test methods specified in 40 CFR 261.21.

ii.

Wastewater having a pH less than 5.0 or more than 9.0 or otherwise causing corrosive structural damage to the POTW or equipment.

iii.

Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference but in no case solids greater than one-half inch in any dimension.

iv.

Pollutants, including oxygen-demanding pollutants (CBOD, 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 POTW.

Wastewater having a temperature greater than 104° F (40° C); or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104° F (40° C).

vi.

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

vii.

Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems.

viii.

Trucked or hauled pollutants, except at discharge points designated by the City in accordance with the Pretreatment Code.

ix.

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

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 City's NPDES permit.

xi.

Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or federal regulations;

xii.

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 City.

xiii.

Sludges, screenings, or other residues from the pretreatment of industrial wastes;

xiv.

Medical wastes, except as specifically authorized by the City.

xv.

Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test.

xvi.

Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW.

xvii.

Fats, oils, or grease of animal or vegetable origin in concentrations greater than 230 mg/l.

xviii.

Wastewater causing two 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 percent or any single reading over two percent of the lower explosive limit of the meter.

xix.

Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.076 hp metric) or greater will be subject to the City's review and approval.

xx.

Garbage grinders which release particles greater than one-half inch will be prohibited.

xxi.

Materials which exert or cause:

(a)

Unusual concentrations of inert suspended solid (such as, but not limited to, fuller's earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).

(b)

Chlorine demand requirement in such quantity as to constitute a significant load on the wastewater treatment works. An unusual chlorine demand is considered one which requires an increase of more than 25 percent in chlorine over that used prior to entry of the waste into the sewer works.

(c)

Unusual volume of flow or concentration of wastes constituting "slugs" as defined in Section 11.5, Terms and Uses Defined.

xxii.

Water or wastes containing substances which are not amenable to treatment by reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. Such substances include, but are not limited to, pesticides, fungicides, and herbicides.

Local Limits. No person will introduce or cause to be introduced into the POTW pollutants of a kind or in a concentration or in a manner that would violate the local limits established by the City commission. No industrial user will discharge process waste streams, unregulated waste streams, or dilute waste streams in excess of the concentrations included in such local limits. These local limits will apply at the point where wastewater is discharged to the WWF. These local limits will be tailored to protect against specific over-concentrations of pollutants at the WWF, based on the WWF's unique operation, performance, and process characteristics, as well as the nature of the industrial user base; and must meet applicable FDEP standards. As concentrations for metallic substances, local limits will be expressed as mass limitation unless indicated otherwise. As to all other pollutants, the local limits may be expressed as mass limitations, concentration-based limitations, or a combination thereof.

Concurrently with the adoption of this Pretreatment Code, the City Commission readopts the local limits previously in effect.

ii.

The City Commission may from time to time amend local limits by resolution. Prior to the adoption of a resolution amending local limits, the City will provide proposed limits to FDEP for review and approval; and provide individual notice to persons or groups of persons who have requested such notice and an opportunity to respond in accordance with 40 CFR 403.5(c)(3).

iii.

All local limits will be effective and will be implemented 30 days from notice of acceptance by FDEP.

iv.

All currently-promulgated local limits, and all proposed modifications to such limits upon submission to FDEP for review, will be posted on the City's web site and will be available upon request from the office of the City Clerk.

Local limits will be included in the terms and conditions of the wastewater discharge permit. Modifications to local limits will be implemented with respect to a given user through issuance of an addendum to the wastewater discharge permit.

Best Management Practices. No person will violate any best management practices which the City may establish within or pursuant to a wastewater discharge permit for the purpose of enforcing the prohibited discharge standards, including local limits contained in this subparagraph.

Pretreatment Standards.

National Categorical Pretreatment Standard. The categorical pretreatment standards found at 40 CFR chapter 1, subchapter N, parts 405—471 are hereby incorporated.

Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the City may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c) and 62-625.410(4) FAC.

ii.

When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the City will impose an alternate limit using the combined wastestream formula in 40 CFR 403.6(e) and 62-625.410(4) FAC.

iii.

A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13 and 62-625.410(4) FAC, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.

State Pretreatment Standards. The State of Florida pretreatment standards found in FAC ch. 62-625 are hereby incorporated.

Right of Revision. The City reserves the right to establish, by ordinance or in a wastewater discharge permit, more stringent standards or requirements on discharges to the POTW.

Conversion to Equivalent Limits. When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutants per unit of production, the City may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual industrial users. (Section 40 CFR 403.6(c)(2).)

Adjustments to Standards.

In accordance with 40 CFR 403.15 and 62-625.820 FAC, a categorical industrial user may apply for an adjustment to a categorical pretreatment standard to reflect the presence of pollutants in the industrial user's intake water using such forms and providing such information as the City may require. In determining whether to grant the requested adjustments, the City will apply the following criteria:

(a)

Whether the applicable categorical pretreatment standards contained in 40 CFR subchapter N specifically provide that they will be applied on a net basis; or alternatively, whether the control system proposed or used by the user to meet applicable categorical pretreatment standards would, if properly installed and operated, meet such standards in the absence of pollutants in the intake waters.

(b)

Whether, for pollutants such as CBOD, TSS, oil, or grease, the user has demonstrated that the constituents of the generic measure in the user's effluent are substantially similar to the constituents of the generic measure in the intake water; or alternatively, whether the use of appropriate additional limits on process water pollutants either at the outfall or elsewhere as a condition of granting the adjustment will sufficiently protect the WWF.

(c)

Whether the adjustment requested is the minimum necessary to meet the applicable categorical pretreatment standards. In no event will the value of the adjusted pretreatment standard exceed the influent value. Monitoring may be necessary to determine eligibility for credits and compliance with standard(s) adjusted under this subparagraph.

(d)

Whether the user has demonstrated that the intake water is drawn from the same body of water as that into which the POTW discharges; or alternatively, if the intake water is not drawn from the same body of water, whether environmental degradation would result as a consequence of the adjustment.

ii.

Any adjustments approved will be calculated on a net basis (i.e., adjusted to reflect credit for pollutants in the intake water). In approving an adjustment, the City may impose conditions, such as the use of certain equipment and monitoring procedures, at the applicant's costs.

Equivalent Mass Limits. When a categorical pretreatment standard is expressed only in terms of pollutant concentrations, an industrial user may request that the City convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the City.

To be eligible for equivalent mass limits, the industrial user must:

(a)

Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its individual wastewater discharge permit; and

(b)

Currently use control and treatment technologies adequate to achieve compliance with the applicable categorical pretreatment standard, and not have used dilution as a substitute for treatment; and

(c)

Provide sufficient information to establish the facility's actual average daily flow rate for all wastestreams, based on data from a continuous effluent flow monitoring device, as well as the facility's long-term average production rate. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions; and

(d)

Not have daily flow rates, production levels, or pollutant levels that vary so significantly that equivalent mass limits are not appropriate to control the discharge; and

(e)

Have consistently complied with all applicable categorical pretreatment standards during the period prior to the industrial user's request for equivalent mass limits.

ii.

An industrial user subject to equivalent mass limits must:

(a)

Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits; and

(b)

Continue to record the facility's flow rates through the use of a continuous effluent flow monitoring device; and

(c)

Continue to record the facility's production rates and notify the City whenever production rates are expected to vary by more than 20 percent from its baseline production rates determined in provision [i(c)] above. Upon notification of a revised production rate, the City will reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and

(d)

Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to provision [i(a)] above, so long as it discharges under an equivalent mass limit.

iii.

When developing equivalent mass limits, the City:

(a)

Will calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process(es) of the industrial user by the concentration-based daily maximum and monthly average standard for the applicable categorical pretreatment standard and the appropriate unit conversion factor; and

(b)

Upon notification of a revised production rate, will reassess the equivalent mass limit and recalculate the limit as necessary to reflect changed conditions at the facility; and

(c)

May retain the same equivalent mass limit in subsequent individual wastewater discharge permit terms if the industrial user's actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to paragraph f. The industrial user must also be in compliance with provisions of the Pretreatment Code prohibiting bypass.

Administrative Authority to Convert Mass Limits. The City may convert the mass limits of the categorical pretreatment standards of 40 CFR Parts 414, 419, and 455 to concentration limits for purposes of calculating limitations applicable to individual industrial users.

Equivalent Limitations Must Be Complied With. Once included in the permit, the equivalent limitations developed in this paragraph 7.c.i must be complied with in lieu of the promulgated categorical standards from which the equivalent limitations were derived.

Flow Figure Uniformity. Many categorical pretreatment standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum monthly average, or four-day average, limitations. Where such standards are being applied, the same production or flow figure will be used in calculating both the average and the maximum equivalent limitation.

User to Notify of Anticipated Changes in Production. Any industrial user operating under a permit incorporating equivalent mass or concentration limits calculated from a production-based standard will notify the City within two business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not notifying the City of such anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long term average production rate.

Dilution. No user will 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 City 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.

10.

Fats, Oils, and Grease Program.

If the City determines that a source has caused or is likely to cause a discharge of oil, grease, or sand into the POTW, the City will require the installation and operation of an interceptor at the source to minimize or eliminate such discharges. The owner or other person responsible for such source will be responsible for installing and operating the required interceptor in compliance with this paragraph. For purposes of implementing this subparagraph [a], restaurants, hotel kitchens, hospitals, school kitchens, bars, factory cafeterias, clubs, service stations, repair garages, factories producing oily wastes, car washes, commercial laundries and dry cleaners, bottling plants, and slaughtering houses are presumed likely to discharge oil, grease, or sand into the POTW.

The City will promulgate a fats, oil and grease program manual to set forth the procedures used to review whether an interceptor is required, the design and installation specifications for such interceptors, cleaning and maintenance requirements, and inspection requirements. The manual will be maintained on the City's web site and will be available upon request from the City Clerk.

Any person required to install or continue using an interceptor under this paragraph 10 will be required to amend their existing pretreatment permit, if applicable, or to obtain a pretreatment permit if they have no permit. The application to amend an existing permit or for a new permit as required herein must be made within 90 days after receiving written notice from the City that an interceptor is required.

Permit requirements specifically applicable to required interceptors include the following, which will be at the permittee's sole cost:

The permittee must design and install the interceptor in accordance with plans and specifications approved by the City. The City will not approve plans and specifications unless they are consistent with the program manual.

ii.

The permittee must clean and maintain the interceptor in accordance with program manual requirements.

iii.

The permittee must keep cleaning, maintenance, and repair records for the duration of the permit and for three years thereafter. The permittee must provide the City with access to such records upon reasonable notice during normal business hours in accordance with program manual.

iv.

The permittee must grant the City access to the permittee's facility to allow the City to conduct inspections, at a frequency based generally on the size of the interceptor device and on the permittee's collection system attributes. Inspections are conducted to ensure compliance with the program manual and permit conditions.

11.

Pretreatment Facilities. Users will provide wastewater treatment as necessary to comply with the Pretreatment Code and will achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in the Pretreatment Code within the time limitations specified by EPA, the State, or the City, whichever is more stringent. Any facilities necessary for compliance will be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures will be submitted to the City for review, and will be acceptable to the City before such facilities are constructed. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of the Pretreatment Code.

12.

Additional Pretreatment Measures.

Whenever deemed necessary, the City 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 wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of the Pretreatment Code.

The City 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. A wastewater discharge permit may be issued solely for the flow equalization.

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

If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which contain the substances or possess the characteristics enumerated herein and which may have a deleterious effect upon the sewer works, processes, equipment, or receiving water, or otherwise create a hazard to life or constitute a public nuisance, the City may reject the wastes or require pretreatment to an acceptable condition for discharge to the public sewers.

Upon the promulgation of the federal categorical pretreatment standard for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under the Pretreatment Code for sources in that subcategory, will immediately supersede the limitations imposed under the Pretreatment Code. The City will notify all affected users of the applicable reporting requirements under FAC ch. 62-625.

An industrial or commercial user identified as having discharged a prohibited waste or a waste in excess of the allowable limits as established herein will pay for all damages and expenses incurred as a result of that discharge. This penalty is separate from any other defined in the Pretreatment Code.

13.

Accidental Discharge/Slug Control Plans. At least once every two years, the City will evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The City may require any user to develop, submit for approval, and implement such a plan. An accidental discharge/slug control plan will address, at a minimum, the following:

Description of discharge practices, including nonroutine batch discharges.

Description of stored chemicals.

Procedures for immediately notifying the City of any accidental or slug discharge, as required by the Pretreatment Code.

Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, 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.

14.

Hauled Wastewater. There will be no discharge of any hauled wastewater without the City's express written permission.

15.

Admission of Industrial and Commercial Waste.

The economy and desirability of the combined treatment of industrial and commercial wastes and sanitary sewage is recognized. However, not all types and quantities of industrial and commercial wastes can be so treated. It is be the policy to admit the types and quantities of industrial and commercial wastes that are not harmful or damaging to the structures, process, or operation of the sewer works or are not specifically prohibited. It is also recognized that to provide this service, additional facilities and/or treatment are required, and the cost of such must be borne by the user receiving the benefits.

Samples for analysis may be collected by the user or a representative. Analysis will be performed by a laboratory certified by the State of Florida for environmental analysis, using the laboratory methods for the examination of wastewater as set forth in 40 CFR 136.

Any new or existing establishment discharging industrial or commercial wastes into the sewer system will construct and maintain at its expense a suitable control manhole, or manholes, downstream from any treatment, storage, or other approved works, to facilitate observation, measurement, and sampling of all wastes, including all domestic sewage from the establishment. The control manhole or manholes will be constructed at suitable and satisfactory locations and built in a manner approved by the City. If any establishment wishes to meter its waste discharge into the sewer system to verify end product water retention or other uses of metered flow, it may install a flow-metering device as approved by the City. The control manhole will be accessible to City personnel at all times for sampling. Control manhole construction and flow-metering device will conform to the requirements of the building and plumbing codes or other applicable rules and regulations.

Where the potential exists for contamination of groundwater surrounding any new or existing establishment, the City may require to be installed at the owner's expense one or more observation/monitoring wells. The well or wells will be constructed at suitable and satisfactory locations and installed in a manner approved by the City. The monitor well or wells will be accessible to City personnel at all times for sampling.

Approval is required for the admission of commercial or industrial wastes into the public sewers having any of the following:

A five-day, 20-degree CBOD greater than 300 mg/l; or

ii.

A suspended solids content greater than 300 mg/l; or

iii.

A COD greater than 400 mg/l; or

iv.

A total nitrogen content greater than 30 mg/l; or

A total phosphorus content greater than ten mg/l. The user will provide chemical analysis of discharge according to a schedule to be established by the City, and continued discharge is subject to City approval.

If it is necessary, due to the size or complexity of the waste disposal problem of an establishment, an extension of time may be granted, provided it can be shown that it is impractical to meet the schedule imposed herein. A request for extension must be submitted in writing.

16.

Wastewater Analysis. When requested by the City, a user must submit information in the nature and characteristics of its wastewater within 90 days of the request. The City is authorized to prepare a form for this purpose and may periodically require users to update this information.

17.

Wastewater Discharge Permit.

Permit Required.

No significant industrial user will discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the City, except that a significant industrial user that has filed a timely application pursuant to the Pretreatment Code may continue to discharge for the time period specified therein.

ii.

The City may require other users to obtain wastewater discharge permits as necessary to carry out the purpose of the Pretreatment Code.

Exception for Existing Wastewater Discharge Agreement; Limitations on Agreement. If a person otherwise required to have a wastewater pretreatment permit by the Pretreatment Code has an unexpired wastewater pretreatment agreement issued by the City prior to April 3, 2013, the agreement will be deemed to be a wastewater pretreatment permit for purposes of the Pretreatment Code until it expires or is revoked by the City. However, any such person will be required to obtain a wastewater treatment permit under the Pretreatment Code to address discharges or potential discharges that are not covered by the agreement.

Existing Connections. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to April 3, 2013, and who wishes to continue such discharges in the future, will, within 60 days after said date, apply to the City for a wastewater discharge permit in accordance with the Pretreatment Code, and will not cause or allow discharges to the POTW to continue after 60 days of April 3, 2013, except in accordance with a wastewater discharge permit issued by the City.

New Connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit must be filed at least 60 days prior to the date upon which any discharge will begin or commence.

Application.

All users required to obtain a wastewater discharge permit must submit a permit application, including the following information:

(a)

Identifying information such as, but not limited to, the name and address of the facility, including the name of the operator and owner if different, along with contact information.

(b)

Description of activities, facilities, and plant processes on the premises, including the SIC Code classification and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW.

(c)

Number and type of employees, hours of operation, and proposed or actual hours of operation.

(d)

Each product produced by type, amount, process or processes, and rate of production.;

(e)

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

(f)

Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and the location for monitoring all wastes covered by the permit and all points of discharge.

(g)

Time and duration of discharges.

(h)

Flow measurements to include the measured average daily and maximum daily flow, in gpd, to the POTW from regulated process streams and other streams as necessary.

(i)

Any other information the City deems necessary to evaluate the wastewater discharge permit application.

ii.

Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

Signing and Certification Required. Permit applications must be signed and certified as required by the Pretreatment Code.

Decisions. The City will evaluate the data furnished by the user and may require additional information. Within 30 days of receipt of a complete wastewater discharge permit application, the City will determine whether or not to issue a wastewater discharge permit. The City may deny any application for a wastewater discharge permit.

Duration. A wastewater discharge permit will be issued for a specified time period, not to exceed five years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five years, at the City's discretion. Each wastewater discharge permit will indicate a specific date upon which it will expire.

Contents. A wastewater discharge permit will include such conditions as the City deems reasonably necessary to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

Wastewater discharge permits must contain the following:

(a)

A statement that indicates permit duration, which in no event will exceed five years.

(b)

A statement that the permit is nontransferable without prior notification to the City in accordance with the Pretreatment Code, and provisions for furnishing the new owner or operator with a copy of the existing permit.

(c)

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

(d)

Self-monitoring, sampling, notification, and recordkeeping requirements. These requirements will include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample based on federal, State, and local law.

(e)

A statement of applicable civil and criminal penalties for violation 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.

(f)

Requirements to control slug discharge.

ii.

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

(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 nonroutine discharges.

(d)

Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW.

(e)

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

(f)

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

(g)

Other conditions that the City deems appropriate to ensure compliance with the Pretreatment Code and State and federal laws, rules, and regulations.

Modifications. The City may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

To incorporate any new or revised federal, State, or local pretreatment standards or requirements.

ii.

To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of permit issuance.

iii.

A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge.

iv.

Information indicating that the user's discharge poses a threat to the City's POTW, City personnel, or the receiving waters.

Violation of any terms or conditions of the permit.

vi.

Misrepresentations or failure to fully disclose all relevant facts in the permit application or in any required reporting.

vii.

Revision of, or a grant of, variance from categorical pretreatment standards pursuant to 40 CFR 403.13.

viii.

To correct typographical or other errors in the permit.

ix.

To reflect a transfer of the facility ownership or operation to a new owner or operator. (Note: Modification for this purpose may not be allowed unless the permit is transferable as provided in the Pretreatment Code.)

To reflect a change in the authorized representative of the user.

Transfer.

A wastewater discharge permit may be transferred to a new owner or operator only if the user gives at least 30 days' advance written notice to the City and the City approves the permit transfer. The notice must include a written certification by the new owner or operator which:

(a)

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

(b)

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

(c)

Acknowledges full responsibility for complying with the existing permit.

ii.

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

Revocation.

The City may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

(a)

Failure to notify the City of significant changes to the wastewater prior to the changed discharge.

(b)

Failure to provide prior notification to the City of changed conditions pursuant to the Pretreatment Code.

(c)

Misrepresentation or failure to fully disclose all relevant facts in the permit application.

(d)

Falsifying self-monitoring reports.

(e)

Tampering with monitoring equipment.

(f)

Refusing to allow the City timely access to the facility premises and records.

(g)

Failure to meet effluent limitations.

(h)

Failure to pay fines.

(i)

Failure to pay sewer charges.

(j)

Failure to meet compliance schedules.

(k)

Failure to complete a wastewater survey or the permit application.

(l)

Failure to provide advance notice of the transfer of business ownership of a permit facility.

(m)

Violation of any pretreatment standard or requirement, or any terms of the permit or the Pretreatment Code.

ii.

Wastewater discharge permits will 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.

Reissuance. A user with an expiring wastewater discharge permit will apply for wastewater discharge permit issuance by submitting a complete permit application, in accordance with the Pretreatment Code, a minimum of 30 days prior to the expiration of the user's existing wastewater discharge permit.

Change in Authorized Representative. The user will immediately notify the City if the authorized representative is changed. Upon being notified by the user of this change, the permit will be modified.

18.

Regulation of Waste Received from Other Jurisdictions.

If another municipality, or user located within another municipality, contributes wastewater to the POTW, the City Manager will enter into an interlocal agreement with the contributing municipality.

Prior to entering into an agreement the City Manager will request the following information from the contributing municipality:

A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality.

ii.

An inventory of all significant industrial users located within the contributing municipality that are discharging to the POTW.

iii.

Such other information as the City Manager may deem necessary.

The interlocal agreement will contain the following conditions:

A requirement for the contributing municipality to adopt a sewer use section which is at least as stringent as the Pretreatment Code and local limits which are at least as stringent as those set in the Pretreatment Code. The requirement will specify that such section and limits must be revised as necessary to reflect changes made to the City's ordinance or local limits.

ii.

A requirement for the contributing municipality to submit a revised significant industrial user inventory on at least an annual basis.

iii.

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

iv.

A requirement for the contributing municipality to provide the City with access to all information that the contributing municipality obtains as part of its pretreatment activities.

Limits on the nature, quality, and volume of the contributing municipality's wastewater at the point where it discharges to the POTW.

vi.

Requirements for monitoring the contributing municipality's discharge.

vii.

A provision ensuring the City access to the facilities of users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the City Manager.

viii.

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

19.

Baseline Monitoring Reports. Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW will submit to the City a report which contains the information listed below. At least 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, will submit to the City a report which contains the information listed below. A new source will report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also will give estimates of its anticipated flow and quantity of pollutants to be discharged.

Users described above will submit the following information:

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

ii.

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

iii.

Description of operations. A brief description of the nature, average rate of production, and SIC Code classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.

iv.

Flow measurement. Information showing the measured average daily and maximum daily flow, in gpd, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(e).

Measurement of pollutants as follows:

(a)

The categorical pretreatment standards applicable to each regulated process.

(b)

The results of sampling and analysis identifying the nature and concentration (or mass, where required by the City pursuant to the Pretreatment Code) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) will be reported. The sample will be representative of daily operations.

vi.

Where compliance involves best management practices or pollution prevention alternatives imposed or authorized pursuant to the Pretreatment Code, documentation required by the City to determine compliance with the standard.

vii.

For each component, methods of analysis used, test results, and the time, date and place of sampling; and a certification that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the WWF.

viii.

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

ix.

If additional pretreatment or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment or O&M. The completion date in this compliance schedule will not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to subparagraph must meet the requirements set out in the Pretreatment Code.

Except as provided in subparagraph [c] below, in preparing and submitting the information required for baseline monitoring reporting, the industrial user will comply with the following methodological requirements:

The industrial user will take a minimum of one representative sample to demonstrate data is in compliance with these requirements.

ii.

Samples will 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 industrial user will measure the flows and concentrations necessary to allow use of the combined waste stream formula set forth in 62-625.410(6) FAC, in order to evaluate compliance with the pretreatment standards. Where an alternate or mass limit has been calculated in accordance with 62-625.410(6) FAC, Pretreatment Code, the adjusted limit, along with supporting data, will be submitted to the City.

iii.

All activities related to sampling and analysis will comply with FAC ch. 62-160.

(a)

Sampling activities will be performed according to procedures specified in FDEP's "Standard Operating Procedures for Field Activities," DEP-SOP-001/01, March 31, 2008, as may be amended from time to time (the "FDEP SOP"). A copy of the FDEP SOP will generally be available for inspection at FDEP's district offices, 2600 Blair Stone Road, MS 3540, Tallahassee, Florida 32399-2400 and on FDEP's internet site.

(b)

Analytical tests will be performed in accordance with applicable test procedures identified 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 industrial user and control authority, will identify and propose a method for use in accordance with 62-160.300 and 62-160.330, FAC.

(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 industrial user and control authority, will identify and propose a method for use in accordance with 62-160.220 FAC.

The industrial user may submit a baseline report which uses historical data in lieu of additional testing, where the historical data is methodologically sound and yields information sufficient to determine the need for industrial pretreatment measures.

Baseline monitoring reports must be signed and certified in accordance with the Pretreatment Code.

20.

Compliance Schedule Progress Reports. The following conditions will apply to the compliance schedule required by the Pretreatment Code:

The schedule will 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 required for the user to meet the 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.

No increment referred to above will exceed nine months.

ii.

The user will submit a progress report to the City no later than 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.

iii.

In no event will more than nine months elapse between such progress reports to the City.

All compliance schedule progress reports must be signed and certified in accordance with the Pretreatment Code.

21.

Reports on Compliance with Categorical Pretreatment Standard Deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements will submit to the City a report containing the information described in the Pretreatment Code. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report will 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 will include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified.

22.

Periodic Compliance Reports.

All significant industrial users will, at a frequency determined by the City, 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 pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the user must submit documentation required by the City to determine the compliance status of the user. All periodic compliance reports must be signed and certified.

All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities will 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 will not be grounds for the user to claim that sample results are unrepresentative of its discharge.

If a user subject to the reporting requirement in this paragraph monitors any pollutant more frequently than required by the City, using the procedures prescribed in the Pretreatment Code, the results of this monitoring will be included in the report.

The City Manager is authorized to adopt a policy allowing users to submit documents required by the Pretreatment Code electronically, provided that the policy satisfies the requirements of 40 CFR Part 3 relating to electronic reporting. If adopted, the policy will be made available at the City's utilities department and posted on the City's web site. Once the policy is adopted, users will be authorized to submit electronic documents to satisfy reporting requirements under the Pretreatment Code, only where the submissions fully comply with the adopted policy.

All periodic compliance reports must be signed and certified in accordance with the Pretreatment Code.

23.

Reports of Changed Conditions. Each user must notify the City of any anticipated significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least 30 days before the change.

The City 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.

The City may issue a wastewater discharge permit or modify an existing wastewater discharge permit in response to changed conditions or anticipated changed conditions.

For purposes of this requirement, significant changes include, but are not limited to, flow increases of 20 percent or greater, and the discharge of any previously unreported pollutants.

All reports of potential problems must be signed and certified in accordance with the Pretreatment Code.

24.

Reports of Potential Problems.

In the case of any discharge—including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load—that may cause potential problems for the POTW, the user will immediately telephone and notify the City of the incident. This notification will include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

Within five days following such discharge, the user will, unless waived by the City, 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 will not relieve the user of any expenses, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor will such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to the Pretreatment Code.

A notification will be permanently posted on the user's bulletin board or other prominent place advising employees of the person or office to call in the event of a discharge described in subparagraph [a] above. Employers will ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.

All reports of potential problems must be signed and certified in accordance with the Pretreatment Code.

25.

Reports From Other Users. All users not required to obtain a wastewater discharge permit will provide any appropriate reports to the City as the City may require. All such reports must be signed and certified in accordance with the Pretreatment Code.

26.

Notice of Violation/Repeat Sampling and Reporting. If sampling by a user indicates a violation, the user must notify the City within 24 hours of becoming aware of the violation. The user will also repeat the sampling and analysis and submit the results of the repeat analysis to the City within 30 days after becoming aware of the violation. The submittal must be signed and certified. The user is not required to resample if the City monitors at the user's facility at least once a month, or if the City samples between the user's initial sampling and when the user receives the results of this sampling.

27.

Notification of the Discharge of Hazardous Waste.

Discharge of hazardous waste is prohibited.

Any user who commences the discharge of hazardous waste will in writing notify the POTW, the EPA regional waste management division director, and State hazardous waste authorities, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification will 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 wastes, 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 12 months. All notifications must take place no later than 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 as required by the Pretreatment Code.

Subparagraph [b] does not require the separate reporting of discharge by users who are subject to categorical pretreatment standards and complying with the self-monitoring requirements of the Pretreatment Code.

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 City, the EPA regional waste management division director, and State hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.

In the case of any notification made under this paragraph, the user will 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.

28.

Analytical Requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report will be performed in accordance with the techniques prescribed in 40 CFR 136 and 62-160 FAC, unless otherwise specified in an applicable categorical pretreatment standard. If neither 40 CFR 136 or 62-160 FAC contains sampling or analytical techniques for the pollutant in question, sampling and analysis must be performed in accordance with procedures approved by EPA.

29.

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. The data will be representative of the conditions occurring during the reporting period.

Except as indicated in subparagraphs [b]—[e] below, the user must collect wastewater samples using 24-hour flow-proportional composite sampling techniques.

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

For sampling required in support of required baseline monitoring and 90-day compliance reports, a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the City may authorize a lower minimum. For required baseline monitoring and periodic compliance reports (40 CFR 403.12(e) and 403.12(h)), the industrial user will collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.

Where the City authorizes time-flow-proportional composite sampling or grab sampling, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 62-160 FAC, FDEP-SOP-001/01, 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. The City may approve composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

30.

Timing. Written reports will be deemed to have been submitted on the date postmarked. 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 governs.

31.

Recordkeeping. Users subject to the reporting requirements of the Pretreatment Code will retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by the Pretreatment Code of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements and any documentation associated with best management practices established in the Pretreatment Code. Records will include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analysis; the analytical techniques or methods used; and the results of such analysis. These records will remain available for a period of at least three years. This period will be automatically extended for the duration of any litigation concerning the user or the City, where the City specifically notifies the user of a longer retention.

32.

Certification Requirements.

Except as provided in subparagraph [b] below, a certification required by the Pretreatment Code must be provided in the following form:

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

A facility determined to be a NSCIU by in accordance with 62-625.200(25)(c) FAC must annually submit the following certification.

Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR [Insert applicable national pretreatment standard parts], I certify that, to the best of my knowledge and belief that during the period from ____________/____________/____________, ____________ to ____________/____________/____________, ____________ [months, days, year]:

(1)

The facility described as [facility name] met the definition of a NSCIU as described in 62-625.200(25)(c) FAC;

(2)

The facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and

(3)

The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.

This compliance certification is based on the following information:
_____________________________________________________________
_____________________________________________________________

All certifications required to be provided by the Pretreatment Code must be signed by an authorized representative of the user.

33.

Right of Entry: Inspection and Sampling.

The City will have the right to enter the premises of any user to determine whether the user is complying with all requirements of the Pretreatment Code and any wastewater discharge permit or order issued hereunder. Users will allow the City 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.

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

The City will 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.

The City may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment will 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 will be calibrated annually to ensure their accuracy.

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

Unreasonable delays in allowing the City access to the user's premises will be a violation of the Pretreatment Code.

34.

Search Warrants. If the City has been refused access to a building, structure, or land, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of the Pretreatment Code, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with the Pretreatment Code or any permit or order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the City may seek issuance of a search warrant from the county court of Volusia County, in accordance with the provisions of State law.

35.

Confidential Information. In accordance with Florida's Public Records Law, F.S. ch. 119, information and data obtained from reports, questionnaires, permit applications, permits, monitoring programs, and from inspections will be available to the public or other government agency without restriction unless the user, prior to submitting the information, specifically requests and is able to demonstrate that the release of such information might divulge information, processes, or methods of production entitled to protection as trade secrets of the user. When requested by the person claiming that portions of a report might disclose trade secrets or secret processes, those portions will be submitted by the user on forms and in a manner acceptable to the City, and to FDEP pursuant to the confidentiality provisions contained within FAC ch. 62-625. Those portions will therefore not be made available to the public and only be used for matters related to this requirement which may include judicial review of enforcement proceedings by a governmental agency involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

36.

Surcharge for abnormal Strength Wastes.

A surcharge will be imposed on all customers discharging abnormal strength wastes to compensate for the increased operating costs incurred by the City on treating these wastes to acceptable levels:

A surcharge will be imposed where the wastes from any lot or parcel of land upon which there is located any institutional, commercial, or industrial plant, building or premises containing abnormal strength wastes.

ii.

The surcharge in dollars shall be computed using the following formulas:

Q = The metered water used during the billing period in millions of gallons, divided by the number of days in that billing period.

SF = Surcharge factor

Surcharge for CBOD = (Q)(8.34)(CBOD measured in samples - 300)(0.9)(SF CBOD)

Surcharge for suspended solids = (Q)(8.34)(SS measured in samples - 300)(0.9)(SF SS)

Surcharge for COD = (Q)(8.34)(COD measured in samples - 400)(0.9)(SF COD)

Surcharge for total nitrogen = (Q)(8.34)(Total N measured in samples - 30)(0.9)(SF Total N)

Surcharge for total phosphorus = (Q)(8.34)(Total P measured in samples - 10)(0.9)(SF Total P)

iii.

If the value for (CBOD - 300), (SS - 300) (COD - 400), (Total N - 30), or (Total P - 10) is less than or equal to zero, that respective surcharge shall equal zero.

The surcharge factors shall be derived annually by the following formulas using total figures for the preceding fiscal year:

Surcharge factor for CBOD.
SF CBOD = total operational cost of the sewage treatment plant divided by the total pounds of CBOD removed.

ii.

Surcharge factor for suspended solids (SS).
SF SS = total operational cost of the sewage treatment plant divided by the total pounds of suspended solids removed.

iii.

Surcharge factor for COD.
SF CBOD = total operational cost of the sewage treatment plant divided by the total pounds of CBOD removed.

iv.

Surcharge factor for total nitrogen.
SF Total N = total operational cost of the sewage treatment plant divided by the total pounds of total phosphorus removed.

Surcharge factor for total phosphorus.
SF Total P = total operational cost of the sewage treatment plant divided by the total pounds of total phosphorus removed.

All users of the sewer system affected by the surcharge shall be allowed 90 days in which to comply with these provisions. If, at the end of the 90 days, compliance has not been achieved, the surcharge shall be applied for the time period beginning when the high-strength waste was first identified. The waste strength identified at the beginning of the 90 days shall be used in the surcharge calculation.

Any user of the sewer system identified as having high-strength waste desiring to have the applicable surcharge revised must provide at least 30 consecutive days of sampling results, the average of which will be used in determining waste strength, before the surcharge will be revised. In the absence of such data, the surcharge will be revised once each year based on surcharge factors derived from figures for the preceding fiscal year and waste strength determined from analysis of three consecutive 24-hour composite samples collected at the user's control manhole during the year.

Nothing herein shall restrict the City from making additional adjustments in rates if the nature of quantity of waste creates an additional burden on the system.

37.

Protection from Damage. No unauthorized personnel shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the sewer works.

38.

Publication of Users in Significant Noncompliance. The City shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the area served by the POTW, a list of the users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall mean any of the following:

Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more wastewater measurements taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including local limits.

Technical review criteria violations, defined here as those in which 33 percent or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of numeric pretreatment standard or requirement including instantaneous limits multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH).

Any other discharge violation that the City believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public.

Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the City 's exercise of emergency authority to halt or prevent such a discharge.

Failure to meet, within 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.

Failure to provide, within 45 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.

Failure to accurately report noncompliance.

Any other violation(s), which may include a violation of best management practices, which the City determines will adversely affect the operation or implementation of the local pretreatment program.

39.

Administrative Enforcement.

Notification of Violation. When the City finds that a user has violated, or continues to violate, any provisions of the Pretreatment Code, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the City may serve upon that user a written notice of violation. Within 14 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 City. 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 subparagraph shall limit the authority of the City to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

Consent Orders. The City may enter into consent orders, assuring of voluntary compliance, or other similar 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 the Pretreatment Code and shall be judicially enforceable.

Show Cause Hearing. The City may order a user which has violated, or continues to violate, any provisions of the Pretreatment Code, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear 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 meeting, 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 meeting shall be served personally or by registered mail (return receipt requested) at least 14 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.

Compliance Orders. When the City finds that a user has violated, or continues to violate, any provision of the Pretreatment Code, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the City may issue an order to the user responsible 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. 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.

Cease and Desist Orders.

When the City finds that a user has violated, or continues to violate, any provisions of the Pretreatment Code, 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 City may issue an order to the user directing it to cease and desist all such violations and directing the user to:

(a)

Immediately comply with all requirements; and

(b)

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.

ii.

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

Continued Violation. Any person who shall continue any violation beyond the time limit provided for in subparagraph [a] above shall be guilty of a municipal ordinance violation, and on conviction thereof shall be fined in an amount not exceeding a $1,000.00, or imprisonment for each violation in accordance with Article 10: Enforcement, of this LDC, federal regulations found at 40 CFR 403.8, and State regulations found at 62-625.500(2)(a)2.f and 62-625(2)(a)5.a, FAC. Each day in which any such violation shall continue shall be deemed a separate offense, and after a period of ten days the wastewater services shall be terminated.

40.

Emergency Suspensions.

The City may immediately suspend a user's discharge, after informal notice of 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 City may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.

Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the City may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The City may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the City that the period of endangerment has passed, unless the termination proceedings of the Pretreatment Code are initiated against the user.

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 City prior to the date of any show cause or termination hearing.

Nothing in this paragraph 40 shall be interpreted as requiring a hearing prior to any emergency suspension under this paragraph.

41.

Termination of Discharge.

In addition to the provisions of the Pretreatment Code, any user who violates the following conditions is subject to discharge termination:

Violation of wastewater discharge permit conditions.

ii.

Failure to accurately report the wastewater constituents and characteristics of its discharge.

iii.

Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge.

iv.

Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling.

Violation of the pretreatment standards of the Pretreatment Code.

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

42.

Injunctive Relief. When the City finds that a user has violated, or continues to violate, any provision of the Pretreatment Code, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the City may petition the circuit court for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater imposed by the Pretreatment Code on activities of the user. The City 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.

43.

Remedies Nonexclusive. The remedies provided for in the Pretreatment Code are not exclusive. The City 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 City's enforcement response plan. However, the City may take other action against any user when the circumstances warrant. Further, the City is empowered to take more than one enforcement action against any noncompliant user.

44.

Supplemental Enforcement Action.

Performance Bonds. The City may decline to issue a wastewater discharge permit to any user who has failed to comply with any provision of the Pretreatment Code, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the City to be necessary to achieve consistent compliance.

Liability Insurance. The City may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of the Pretreatment Code, 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 financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.

Water Supply Severance. Whenever a user has violated or continues to violate any provision of the Pretreatment Code, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or equipment, water service to the user may be severed. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.

45.

Affirmative Defense to Discharge Violations.

For the purpose of this paragraph 45, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation.

An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements in subparagraph [c] below, are met.

A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

An upset occurred and the user can identify the cause(s) of the upset;

ii.

The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and

iii.

The user has submitted the following to the City within 24 hours of becoming aware of the upset; if this information is provided orally, a written submission must be provided within five days:

(a)

A description of the indirect discharge and cause of noncompliance.

(b)

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

(c)

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

(d)

In any enforcement proceedings, the user seeking to establish the occurrence of an upset shall have the burden of proof.

(e)

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

(f)

Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.

46.

Prohibited Discharge Standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions of the Pretreatment Code or the specific prohibitions 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:

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

No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the City was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.

47.

Bypass.

For the purpose of this paragraph 47:

Bypass means the intentional diversion of wastestreams from any portion of a user's treatment facility.

ii.

Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subparagraphs [c] and [d] below.

Need for bypass.

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

ii.

A user shall submit oral notice to the City of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five 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 City may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.

Bypass prohibited.

If a bypass is prohibited, the City may take an enforcement action against a user for a bypass, unless:

(a)

The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

(b)

There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal operations.

(c)

The user submitted notices as required under subparagraph [c] above.

ii.

The City may approve an anticipated bypass, after considering its adverse effects, if the City determines that it will meet the three conditions listed in provision [i] above.

Fire Hydrants on Private Property.

Purpose and Administration.

The purpose of these provisions is to establish uniform requirements for fire hydrant systems on private property, to ensure the availability of hydrants for all properties for use in safe and effective fire protection activities.

Existing conditions not in strict compliance with this Code may be permitted to continue if, in the opinion of the Fire Official, these conditions do not constitute a distinct hazard to life or property.

The provisions of this section are not intended to prevent the use of any material or method of construction not specifically prescribed by this section, provided the Fire Official has approved any such alternate.

Private Fire Hydrants Required.

Hydrants shall be located in a manner to ensure that hose lengths necessary to distribute hose to any portion of the building shall not exceed 500 feet.

Owner occupied single-family dwelling and duplex dwellings shall be exempt from this requirement.

Specifications for Private Fire Hydrants.

Private hydrants shall be American Water Works Association (AWWA) approved and shall meet the following specifications:

Hydrants shall have at least one 6-inch pipe connection, one 5.25-inch valve opening, two 2.5-inch hose connections, and one 4.5-inch steamer connection.

ii.

The 2.5-inch hose connection outlets shall have 60-degree v-threads, with seven and one-half threads per inch and three and one-sixteenths inch outside diameter of the male thread.

iii.

The 4.5-inch steamer connection shall have four threads per inch and five and three-fourths-inch outside diameter of the male threads.

iv.

Hydrants shall be designed for 150 psi working pressure, and shall meet the latest AWWA Specification C502. All hose threads shall be National Standard Threads.

All working parts of hydrants shall be bronze.

Hydrants shall be provided with a special lubricant sealed bonnet assembly to assure lubrication of operating parts and to seal operating threads from water when the hydrant is opened.

ii.

Hydrant design, material, and workmanship shall be of the latest stock pattern ordinarily produced by the manufacturer.

Installation of Private Fire Hydrants.

All private hydrants shall be installed according to AWWA, M-17 Manual, Third Edition, "Installation, Field Testing, Maintenance of Fire Hydrants", and the following requirements:

Prior to the installation or major modification of an on-site fire service main or private fire hydrant, plans and specifications for the installation or modification shall be submitted and approved by the City. Plans shall include hydraulic calculations prepared by a registered engineer.

ii.

Private hydrants shall be supplied by a minimum six-inch diameter main installed on a looped system; minimum eight-inch diameter if the system is not looped or the hydrant is installed on a dead-end main exceeding 300 feet in length.

iii.

Dead-end mains shall not exceed 600 feet in length for main sizes less than ten inches in diameter.

The contractor or installer of water supply systems in planned building groups shall demonstrate by testing that the capacity of the water supply system will meet fire protection design requirements. Flow performance tests shall be witnessed and approved by the City.

Fire hydrants shall be connected to the mains with mechanical joints, ductile iron pipe, tie rods or harnessing and a gate valve all part of the assembly. After connections are made, the hydrant shall be at such an elevation that the connecting pipe and the distributing main shall have the same depth of cover. All backfill around the hydrant shall be thoroughly compacted to the surface of the ground. Before installing any hydrant or valve, care shall be taken to see that all foreign material is removed from the interior of the hydrant barrel. Stuffing boxes shall be tightened and the hydrant or valve opened and closed to see that all parts are in working order.

Hydrants shall be set on gravel or crushed rock to be placed about the drain sufficient to ensure quick drainage.

Hydrants shall be set back at least 40 feet from the building being protected, except that, where the setback requirement cannot be met, alternate locations may be approved upon determination that the safety of those using the hydrant will not be adversely affected.

When installed along fire lanes or private streets, hydrants shall be located within three feet of the curb line. When placed behind a curb, the hydrant barrel shall be set so that no portion of the steamer cap or hose connection will be less than six inches or more than 12 inches from the gutter face of the curb. When set in lawn space between the curb and a sidewalk or the property line, no portion of the hydrant or hose cap shall be within six inches of the sidewalk.

In setting hydrants, due regard shall be given to the final grade line. The hydrant shall be a minimum of 18 inches and a maximum of 21 inches above grade to the center of the four and one-half-inch steamer cap.

Hydrants subject to mechanical damage shall be protected in a manner that will not interfere with the connection to or operation of the hydrant. Hydrants in parking areas shall be protected by barriers that will prevent physical damage from vehicles.

Marking, Inspection, Testing, and Maintenance of Private Fire Hydrants.

Blue reflective markers approved by the City shall be installed in the street opposite each hydrant.

Hydrants shall be painted red. The top of the hydrant shall be color-coded according to NFPA 291 "Recommended Practice for Fire Flow testing and Marking of Hydrants".

Hydrants shall be visually inspected monthly by the owner or representative to verify that they are visible and readily accessible, with caps in place.

Hydrants shall be flow tested, lubricated, and serviced once each year by personnel certified by the State Fire Marshal as a fire protection system contractor I, II, or V, and a report shall be submitted to the City. The City shall establish the testing and report schedule.

Hydrant installation, maintenance and repair shall be performed by qualified personnel certified by the State Fire Marshal as a fire protection system contractor I, II, or V. When connected to fire sprinkler or other fire protection systems, hydrant installation, maintenance, and repair shall be performed by qualified personnel certified by the State Fire Marshal as a fire protection system contractor I, II, or V.

Hydrants that are temporarily out of service shall be clearly marked as such.

Obstructions.

No person shall place or maintain any fence, growth, trash, or other obstruction near any private hydrant, either permanently or temporarily.

Any such obstruction determined to be blocking a hydrant shall be removed immediately, at the expense of the owner. If the obstruction cannot be removed, the owner shall be responsible for relocation of the hydrant in accordance with these requirements.

Phasing of Development. The phasing of development is allowed as part of approval of a Site Plan (Section 3.4.I) or a Major Subdivision Preliminary Plat (Section 3.4.K) in accordance with the following standards.

Phasing Criteria. Phasing of approved development shall be in keeping with an approved phasing plan that shows phase boundaries and describes included development and improvements. Each phase shall be designed and constructed to include all improvements and other aspects of development necessary to meet all requirements of this Code and other applicable regulations, either as a stand-alone development or in conjunction with completed and accepted phases of the same development.

Temporary Measures. A phasing plan may include installation of temporary measures as necessary to allow a particular phase to meet the phasing criteria in paragraph 1 above, provided the permit authorizing the temporary measures shall be valid for one year and be accompanied by the provision of a performance guarantee and a maintenance guarantee for the temporary measures in accordance with Section 7.2.S, Performance Guarantees, and Section 7.2.T, Maintenance Guarantees.

Performance Guarantees.

General. A performance guarantee in accordance with the standards in this section shall be required in the following circumstances:

To ensure completion of public infrastructure improvements that are required as part of approval of a Site Plan or Final Plat (e.g., streets, sidewalks, stormwater management facilities, potable water facilities, wastewater facilities, streetlights), but are not installed before issuance of a Building Permit or recording of a Final Plat;

To ensure completion of public infrastructure improvements that are authorized or required pursuant to transportation concurrency mitigation through the City's proportionate share program (Section 3.4.Z.3, Transportation Concurrency Proportionate Share Determination), in accordance with the proportionate share agreement;

To ensure completion of private site improvements (other than landscaping) that are required as part of approval of a Site Plan (e.g., walkways, exterior lighting), but are not installed before application for a Certificate of Occupancy—provided that City staff determines that the property may be safely occupied and used pending the delayed installation of the improvements;

To ensure completion of landscaping that is required in accordance with Section 6.4, Landscaping, but is not installed before issuance of a Certificate of Occupancy.

To ensure completion of sidewalks or bicycle travel areas in accordance with Section 7.2.E.3.

Term of Performance Guarantees. The term of a performance guarantee for required landscaping improvements shall be 60 days after issuance of the Certificate of Occupancy. The term of a performance guarantee for other required improvements shall reflect any time limit for completing installation of required improvements that is included in approval of the Final Plat, Building Permit, or Certificate of Occupancy, as appropriate, but in any case, the term shall not exceed two years. City staff may, for good cause shown and with approval of the provider of the guarantee, grant up to two extensions of the term, with each extension not exceeding one year.

Form of Performance Guarantee.

Where required, a performance guarantee shall be furnished in any of the following acceptable forms:

Cash deposit with the City;

ii.

Certified check from a Florida lender based upon a cash deposit, in a form acceptable to the City Attorney;

iii.

Irrevocable letter of credit from a Florida banking institution in a form acceptable to the City Attorney; or

iv.

Surety bond from a Florida surety bonding company in a form acceptable to the City Attorney.

The performance guarantee shall be conditioned on the performance of all work necessary to complete the installation of the required improvements within the term of the performance guarantee.

The performance guarantee for public improvements shall provide that in case of the owner's or developer's failure to complete the guaranteed improvements, the City shall be able to immediately obtain the funds necessary to complete installation of the improvements.

The performance guarantee for private improvements shall provide that in case of the owner's or developer's failure to complete the guaranteed improvements, the City shall be entitled to the full amount of the guarantee as a penal sum.

Amount of Performance Guarantee.

Performance guarantees for required public infrastructure improvements shall be in an amount equal to a minimum of 120 percent of the estimated full cost of completing the installation of the required improvements, including the costs of materials, labor, and project management, or the sum of the actual construction contracts for required improvements.

Performance guarantees for required private site improvements (including required landscaping) shall be in an amount equal to a minimum of 125 percent of the estimated full cost of completing the installation of the required improvements, including the costs of materials, labor, and project management, or the sum of the actual construction contracts for required improvements.

Estimated costs for completing installation of required public infrastructure improvements shall be itemized by improvement type and certified by the owner's or developer's licensed professional engineer, and are subject to approval by City staff. Estimated costs for completing installation of required landscaping shall be itemized and certified by the owner's or developer's licensed landscape architect, and are subject to approval by City staff.

If the guarantee is renewed, City staff may require the amount of the performance guarantee be updated to reflect cost increases over time.

The amount of a performance guarantee may be waived or reduced by the City Commission where the improvements are being installed with federal funds or in other circumstances where similar third-party assurance of their completion exists.

Release or Reduction of Performance Guarantees.

Requirements for Release or Reduction. The City shall release or reduce a performance guarantee only after:

The owner or developer has submitted to City staff a written request for a release or reduction of the performance guarantee that includes certification by the owner's or developer's engineer or landscape architect, whichever is appropriate, that installation of the guaranteed improvements has been completed in accordance with approved plans and specifications;

ii.

City staff has performed an inspection of the improvements and certified in writing that installation of the guaranteed improvements has been completed in accordance with approved plans and specifications;

iii.

The owner or developer has reimbursed the City for all costs associated with conducting any inspection that finds the guaranteed improvements have not been installed in accordance with approved plans and specifications;

iv.

The owner or developer has provided City staff assurances that liens against guaranteed public infrastructure improvements will not be filed after their acceptance by the City (e.g., through affidavits, releases, or waivers of liens from all contractors and subcontractors); and

The owner or developer has provided City staff any required maintenance guarantee for the same public infrastructure improvements.

Limits on Reductions. No performance guarantee for public infrastructure improvements (including street trees planted within a public right-of-way) shall be reduced to less than 50 percent of the full amount of the performance guarantee until all guaranteed public infrastructure improvements have been completed by the owner or developer. No performance guarantee for required landscaping or other private site improvements shall be reduced to less than 75 percent of the full amount of the performance guarantee, until all guaranteed private site improvements have been completed by the owner or developer.

Default and Forfeiture of Performance Guarantee.

Notice of Failure to Install or Complete Improvements. If the owner or developer fails to complete installation of the guaranteed improvements within the term of the performance guarantee (as may be extended), City staff shall give the owner or developer written notice of the default by certified mail.

City Completion of Improvements. After giving the owner or developer notice of the default, the City may draw on the security and use the funds to perform work necessary to complete installation of the guaranteed improvements. After completing such work, the City shall provide a complete accounting of the expenditures to the owner or developer and, as applicable, refund all unused security deposited, without interest.

Maintenance Guarantees.

General. A maintenance guarantee in accordance with the standards in this section is required in the following circumstances:

To ensure against defects in workmanship or materials in providing public infrastructure improvements required as part of approval of a Site Plan (Section 3.4.I) or Final Plat (Section 3.4.K);

To ensure the survival and health of landscaping that is required in accordance with Section 6.4, Landscaping, during an establishment period; and

To ensure the survival and health of replacement trees that are required in accordance with Section 6.15.A, Tree Preservation, during an establishment period.

Term of Maintenance Guarantees. The term of a maintenance guarantee for public infrastructure improvements shall be one year from the date of acceptance. The term of a maintenance guarantee for replaced trees shall be one year from the date the trees are planted, provided that such term shall be extended to cover a period of one year after the date any guaranteed tree is replaced during the original one -year term. The term of a maintenance guarantee for landscaping or other required private improvements shall be one year from the date the landscaping or improvement is installed.

Form of Maintenance Guarantees.

Where required, a maintenance guarantee shall be in any of the following acceptable forms:

Cash deposit with the City;

ii.

Certified check from a Florida lender based upon a cash deposit, in a form acceptable to the City Attorney;

iii.

Irrevocable letter of credit from a Florida banking institution in a form acceptable to the City Attorney; or

iv.

Surety bond from a Florida surety bonding company in a form acceptable to the City Attorney.

A maintenance guarantee for public infrastructure improvements or landscaping shall be conditioned on the performance of all work necessary to maintain required public infrastructure improvements or landscaping during the term of the maintenance guarantee, including work needed to repair or replace infrastructure defects or replace plants that have died within the term of the maintenance guarantee.

A maintenance guarantee for relocated or replacement tree shall be conditioned on the performance of all work necessary to transplant or plant relocated or replacement trees and maintain them during the term of the maintenance guarantee, including work needed to replace relocated or replacement trees that have died or been effectively destroyed during the term of the maintenance guarantee.

Maintenance guarantees shall provide that in case of the owner's or developer's failure to maintain and repair or replace the guaranteed public infrastructure improvements or landscaping—or to transplant or plant and maintain the guaranteed relocated or replacement trees—during the term of the maintenance guarantee, the City shall be able to immediately obtain the funds necessary to make necessary repairs or replacements.

Amount of Maintenance Guarantees.

Maintenance guarantees for public infrastructure improvements and landscaping shall be in an amount equal to at least 10 percent of the full actual cost, including the costs of materials and labor, of installing the required public infrastructure improvements or landscaping. Actual costs for installing required public infrastructure improvements shall be itemized by improvement type and certified by the owner's or developer's licensed professional engineer. Actual costs for installing required landscaping shall be itemized and certified by the owner's or developer's licensed landscape architect.

Maintenance guarantees for tree relocation, tree replacement, or corrective action for abused or damaged trees shall be in an amount determined based on Guide for Plant Appraisal (Council of Tree and Landscape Appraisers).

The amount of a maintenance guarantee for required public infrastructure improvements or landscaping may be waived or reduced by the City Commission where alternative means of ensuring proper maintenance of the improvements or landscaping are used.

Release or Reduction of Maintenance Guarantees.

The City shall release a maintenance guarantee for public infrastructure improvements or landscaping at the end of the term of the maintenance guarantee only after City staff has performed an inspection of the guaranteed improvements or landscaping and certified in writing that they have been maintained in accordance with approved plans and specifications.

The City shall release a maintenance guarantee for tree relocation, tree replacement, or corrective action for abused or damaged trees at the end of the term of the maintenance guarantee only after City staff has performed an inspection of the subject trees and has certified in writing that they were properly transplanted, planted, or corrected and have been maintained in a healthy state in accordance with approved plans and specifications.

Where the term of a maintenance guarantee for tree relocation or tree replacement has been extended to cover the replacement of trees that died or were effectively destroyed during the original term (see Section 7.2.T.2, Term of Maintenance Guarantees), City staff may reduce the guarantee by the percentage of the total number of guaranteed trees that survived the original term.

Default and Forfeiture of Guarantee.

Notice of Failure to Maintain Guaranteed Improvements, Landscaping, or Trees. If the owner or developer fails to maintain the guaranteed public infrastructure improvements, landscaping, or relocated or replacement trees during the term of the performance guarantee, City staff shall give the owner or developer 30 days written notice of the default by certified mail.

City Correction of Defects; Tree Canopy Trust Fund.

After expiration of the 30-day notice period for failure to maintain guaranteed public infrastructure improvements or landscaping, the City may draw on the security and use the funds to perform work necessary to ensure the guaranteed public infrastructure improvements or landscaping comply with approved plans and specifications. After completing such work, the City shall provide a complete accounting of the expenditures to the owner or developer and, as applicable, refund all unused security deposited, without interest.

ii.

After expiration of the 30-day notice period for failure to maintain guaranteed relocated trees or replacement trees, the City shall draw on the security and deposit the funds into the City's Tree Canopy Trust Fund, to be used for the planting or relocation of trees on public lands in Daytona Beach.

(Ord. No. 16-26, § 1(Exh. A), 1-20-2016; Ord. No. 18-321, §§ 2—4, 9-19-2018)

                    
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