§ 37-737. County local limits.

(a)

Intent. The county's local limits are established by county resolution to protect its WWF against pass through and interference; and to comply with the federal and state pretreatment regulations in 40 CFR Part 403, Chapter I, Subchapter N and Chapter 62-625, F.A.C., respectively, and the requirements in applicable NPDES and FDEP permits for the county WWF, and the terms and conditions in agreements for the reuse of reclaimed water and residuals.

(b)

No person shall discharge wastewater to the county WWF containing pollutants in excess of pretreatment standards and requirements, or the local limit established by county resolution and developed using standard procedures, calculations, and methods acceptable to FDEP to protect against pass through, interference, protection of county POTW or WWF employees, and adverse affects on wastewater residuals disposal. No industrial user shall discharge process waste streams, unregulated waste streams, or dilute waste streams in excess of the concentration set forth by pretreatment standards, county local limits or pretreatment requirements. The pretreatment standards, county local limits established by county resolution and pretreatment requirements shall be included as permit conditions and attached to each industrial wastewater discharge permit issued.

(c)

County local limits shall be established by county resolution and the table of local limits currently set forth within this article will be repealed on the effective date of the initial such resolution which establishes the new local limits. The established county local limits are subject to change and shall be modified as needed based on regulatory requirements and standards, WRF operation, performance and processes, the industrial user base, potable water quality and domestic wastewater characteristics. Modifications to the established county local limits must be reviewed and approved by FDEP prior to implementation. The director shall inform the regulated community of all proposed changes to the county's local limits by means of a public workshop or direct written correspondence to all permitted significant industrial users (SIUs), prior to making changes to said changes to the county's local limits and related local limits resolution. Implementation shall be effective thirty (30) days from notice of acceptance of the modified limits by FDEP and upon board of county commissioner's approval of county local limits by county resolution. Permitted SIUs shall also be issued an addendum to their industrial wastewater discharge permit containing the new county local limits.

(d)

No person shall discharge wastewater to the county POTW or WWF containing pollutants in excess of the county's local limits as established by county resolution, pretreatment standard or requirement; unless the industrial wastewater discharge permit for the user provides, as a special permit condition, a higher interim maximum uniform concentration limit in conjunction with a requirement that the user construct a pretreatment facility or institute changes in its operation and maintenance procedures to reduce the concentration of pollutants to levels not to exceed the county's local limits established by county resolution within a fixed period of time or in accordance with a compliance schedule.

(e)

Significant industrial users ("SIUs") shall be subject to the numerical county local limits established by county resolution.

(f)

At the discretion of the director, any nonresidential user may be required to develop and fully implement a best management plan (BMP) for specific constituents, and to participate in the related county best management program. All SIUs shall develop and fully implement a best management practices plan (BMPP) if required to comply with applicable general pretreatment standards in 40 CFR Part 403, Chapter I, Subchapter N, categorical pretreatment standards, county local limits, and state and local law. This requirement may be in addition to the county local limits set forth in this section. Significant industrial [users] shall comply with the county local limits established by county resolution, with the exception in which the director specifically requires a user to develop, implement and comply with a BMPP as a condition of the industrial wastewater discharge permit.

(g)

Technically defensible county local limits, such as those established by county resolution, may be added or amended from time to time based on the results of treatment plant monitoring, water quality requirements, field investigation of industrial users, and/or any other factors which the director deems of significance with respect to the proper and safe operation of the county WWF and necessary for compliance with applicable permits and effluent disposal or reclaimed water standards or agreements.

(h)

Additional county local limits may be imposed by the director for groundwater remediation facilities as set forth in section 37-756 of this article.

(i)

The county's local limits apply at the point where the wastewater is discharged into the county WWF. All concentrations for metallic substances are for total recoverable metal, unless indicated otherwise. Requirements for sample collection and analysis are set forth in section 37-747(j) and (k).

(j)

For the purposes of pH monitoring, an exceedence shall be defined as an excursion outside of the county local limit for pH established by county resolution that persists for more than fifteen (15) consecutive minutes in a calendar day. However, if only one (1) grab sample is collected for pH monitoring within a fifteen-minute consecutive period, the one (1) grab sample will be deemed representative for the entire fifteen-minute consecutive period. If multiple samples are collected for pH monitoring within a fifteen-minute consecutive period, all samples results must exceed the local limit for the samples to be defined as one (1) exceedence for the fifteen-minute consecutive period.

(k)

The director may impose mass limitations in addition to, or in place of, the concentration-based limitations established by county resolution. At the discretion of the director, and on a case-by-case basis, additional discharge limits may be placed in the industrial wastewater discharge permit for any user.

(l)

If the federal categorical pretreatment standards apply to a user's discharge, the director may apply the local pollution limits established by county resolution or the average of four (4) consecutive monitoring events in the federal categorical pretreatment standards set forth in 40 CFR, Chapter I, Subchapter N, Parts 405 through 471, whichever is more stringent, in the user's industrial wastewater discharge permit (if applicable).

(m)

At the discretion of the control authority, and subject to the requirements in 40 Part CFR 403.7, Chapter I, Subchapter N and Chapter 62-625.420, F.A.C., and FDEP and EPA approval, removal credits may be granted to reflect removal performance by the county wastewater facilities for pollutants specified in the categorical pretreatment standards. The county may grant removal credits equal to or, at its discretion, less than the user's consistent removal rate. Removal credits shall be approved by FDEP and EPA prior to granting by the control authority. Removal credits shall be given only for indicator or surrogate pollutants in a categorical pretreatment standard if the categorical pretreatment standard so specifies. If a removal credit is granted to a user, then the county shall calculate the revised discharge limits in accordance with Chapter 62-625.420, F.A.C.

(n)

State requirements and limitations on discharges from nonresidential users to the county WWF shall apply in any case where they are more stringent than federal requirements or limitations, or those contained in this article.

(o)

The county reserves the right to establish by county resolution or ordinance more stringent limitations or requirements for discharges to the county WWF, if deemed necessary to comply with the objectives stated in this article.

(Ord. No. 2002-20, § 1, 12-3-02; Ord. No. 2009-19 , § 6, 7-14-09)