§ 37-739. Hauled wastewater program.

(a)

Intent. The county hereby establishes a hauled wastewater program and a waste hauler operating permit requirement. The county may include such provisions, terms and conditions in the waste hauler operating permit as it may determine reasonable and necessary pursuant to this ordinance and applicable local, state and federal wastewater standards. No such permit shall be issued until all fees, including, but not limited to, county septage receiving station disposal deposits, permit application fees, annual vehicle registration fees, appeals processing charges and permit transfer fees are paid to the county in accordance with county rate resolutions and ordinances. The application, issuance, duration, modification, enforcement, and revocation of such permits shall be controlled by the following provisions:

(b)

Waste hauler operating permit requirements. It is unlawful to discharge hauled waste to the county's POTW or WWF, the county's septage receiving station or areas approved by the director without obtaining a waste hauler operating permit from the director prior to the beginning of such discharge. It is unlawful to service (remove wastes from or perform maintenance activities on) a oil and grease interceptor, oil and grease trap, pump station, oil and water separator, or sand interceptor/trap that discharges to the county's POTW or WWF without obtaining a waste hauler operating permit from the director. Any violations of the terms and conditions of the county-issued waste hauler operating permit or policies and procedures established for hauled waste disposal shall be deemed a violation of this article and shall subject the waste hauler to the sanctions set out in this article. Obtaining a waste hauler operating permit does not relieve a permittee of its obligations to comply with all federal and state requirements and limitations or any other requirements and limitations of federal, state, and local laws. It shall be unlawful for a domestic waste hauler, industrial waste hauler or person to discharge or cause to be discharged to the county WWF any trucked or hauled wastes, pollutants, solids or substances without prior written authorization from the director and payment of applicable fees and charges in accordance with the provisions of this article and the rate schedules adopted by the board of county commissioners. The director may require waste haulers hauling industrial wastewater to obtain an industrial wastewater discharge permit as necessary to carry out the purposes of this article.

(c)

Under no circumstances shall hazardous wastes, as defined in 40 CFR Part 261, Chapter I, Subchapter I or Title 10 of Code of State Regulation (CSR) Division 25 Chapter 4.261, or as amended, be trucked, hauled or transported to a county wastewater facilities for treatment and disposal.

(d)

Only authorized waste transporters or haulers shall be allowed to discharge hauled wastes to the county WWF. Transporters and haulers shall obtain a waste hauler operating permit and where applicable, an industrial wastewater discharge permit, and other applicable state and local permits prior to being allowed to discharge hauled wastes to the county WWF. The director shall incorporate conditions in the waste hauler operating permit and where applicable, the industrial wastewater discharge permit as reasonably deemed necessary to prevent pass through or interference with the operation of county facilities, and to insure compliance with all applicable state and federal permits and the provisions of this article. The director may prohibit the discharge of hauled wastes to achieve the objectives of the pretreatment program.

(e)

Haulers may discharge loads to the county WWF only at locations and during specific operating hours as designated in the waste hauler operating permit, the industrial wastewater discharge permit, where applicable, or by the director. Waste hauler operating permits for individual vehicles to use such facilities shall be issued by the county. No load may be discharged without prior written consent of the director. Samples of each hauled load may be collected by the director to ensure compliance with the provisions of this article. The director may require the hauler to provide a waste analysis of any load prior to discharge. Under emergency conditions, the director may designate alternative locations and operating hours, or suspend the acceptance of hauled wastes at county wastewater facilities.

(f)

Haulers that serve oil and grease interceptors, oil and oil and grease traps, pump stations, oil and water separators, or sand interceptors/traps that discharge to the county's WWF and/or haulers that discharge wastes directly to the county's WWF, the county's septage receiving station or areas approved by the director shall provide the director with a waste disposal manifest for every load. This form shall include, at a minimum, all information as identified in section 37-739(w)(4) of this article. The waste disposal manifest shall identify the type of waste, and any known or suspected constituents of the wastes.

(g)

For every occurrence when hauled waste is rejected by the director, the waste hauler must submit a completed waste disposal manifest within one (1) week from the waste rejection date, to the director, and the waste disposal manifest shall be prepared in accordance with section 37-739(w)(4) and section 37-739(w)(5) of this article.

(h)

The director may rescind the authorization for a transporter or hauler to discharge hauled wastes to the county POTW or WWF for the following:

(1)

Violations of the provisions of the hauled waste operating permit, the industrial wastewater discharge permit, this article or other county ordinances;

(2)

Failure to obey the orders of county personnel or staff;

(3)

Failure to comply with operating procedures at county facilities;

(4)

Failure to pay the assessed charges, fees and surcharges;

(5)

Failure to obtain the requisite state or local permit(s) or licensure(s); or

(6)

Failure to submit a waste disposal manifest or failure to complete a waste disposal manifest that does not include the information identified in section 37-739(w)(4) and section 37-734(w)(5) of this article; or

(7)

Failure to comply with any applicable federal, state or local regulations, or the provisions set forth in the waste hauler operating permit, the industrial wastewater discharge permit.

(i)

The director has the right to refuse hauled wastes based on a review of the waste hauler operating permit, the industrial wastewater discharge permit, the waste disposal manifest, monitoring results, previous performance, county records and the observations of county personnel on duty. Hauled wastes shall be rejected if:

(1)

Prior written approval has not been granted;

(2)

The hauler does not have a valid waste hauler operating permit or industrial wastewater discharge permit;

(3)

Delinquent in paying past charges/fees;

(4)

The wastes could cause operational and maintenance problems, be detrimental to the health and safety of county personnel; or

(5)

Create pass-through conditions or cause violations of all applicable permits or other regulations.

(j)

The director may rescind the authorization for a transporter or hauler to service (pump out or maintain) oil and grease interceptors, oil and grease traps, pump stations, oil and water separators, or sand interceptors/ traps that discharge to the county's WWF for the following:

(1)

Violations of the provisions of the waste hauler operating permit, the industrial wastewater discharge permit, this article or other county ordinances;

(2)

Failure to pay the assessed charges, fees and surcharges;

(3)

Failure to obtain the requisite state or local permit(s) or licensure(s); or

(4)

Failure to comply with any applicable federal, state or local regulations, or the provisions set forth in the waste hauler operating permit and the industrial wastewater discharge permit, where applicable.

(k)

The hauler shall pay a fee for discharging hauled wastes to the county WWF in accordance with the rate schedules adopted by the board of county commissioners. A surcharge may be assessed for abnormally high strength compatible wastes. The director retains the right to bill the original source of the hauled wastes for all applicable fees and surcharges.

(l)

The hauler shall pay a charge associated with applying for a waste hauler operating permit and/or an industrial wastewater discharge permit, in accordance with the rate schedules adopted by the board of county commissioners.

(m)

The hauler shall pay a charge associated with the registration of all vehicles used to transport wastes for discharge to county wastewater facilities and/or wastes received from oil and grease traps, oil and grease interceptors, pump stations, oil and water separators, sand traps/interceptors that discharge to the county's WWF, in accordance with the rate schedules adopted by the board of county commissioners.

(n)

The hauler shall pay a charge associated with the late submittal of applications required to obtain a waste hauler operating permit and/or an industrial wastewater discharge permit, in accordance with the rate schedules adopted by the board of county commissioners.

(o)

The hauler shall pay a fee associated with the transfer of a waste hauler operating permit and/or an industrial wastewater discharge permit (where applicable), in accordance with the rate schedules adopted by the board of county commissioners.

(p)

The hauler shall pay a fee associated with the county's processing of each appeal requested by the hauler. Appeal charges apply to appeal requests pertaining to waste hauler operating permit requirements, industrial wastewater discharge permit requirements, article requirements, a notice of violation (NOV), a notice of significant noncompliance (NOSNC), consent orders, or notice of termination of utility services, in accordance with the rate schedules adopted by the board of county commissioners.

(q)

The original source of the hauled wastes and the transporter (hauler) may be assessed the costs related to resolving upsets at county treatment facilities, including any fines or penalties for violations of federal or state permit conditions or agreements for the reuse of reclaimed water of residuals, the costs for clean-up of application sites for residuals, and damages to the county POTW or WWF. Furthermore, the county shall have the right to initiate enforcement action against said offenders and to seek administrative and judicial remedies as set forth in this article. The director may require a hauler to part a performance bond or carry liability insurance as conditions for granting authorization to discharge hauled wastes to the county WWF.

(r)

Waste hauler operating permitting: existing sources. Any current waste hauler (business or sole proprietor established and doing business at the time of this article's approval by the board of county commissioners) servicing oil and grease interceptors, oil and grease traps, pump stations, oil and water separators, or sand interceptors/traps that discharge to the county's WWF or haulers proposing to discharge wastes directly to the county's POTW or WWF, the county's septage receiving station or areas approved by the director must apply for a waste hauler operating permit within sixty (60) days of this article revision approval date. All waste hauler operating permit applications must be completed in accordance with section 37-739(t) and section 37-739(u) of this article. Prior to requesting a waste hauler operating permit application, the waste hauler must establish a billing account with the director and comply with the requirements associated with establishing a billing account, which may include the submission of information and deposits by the waste hauler.

(s)

Waste hauler operating permitting: new sources. Any new waste hauler (business or sole proprietor established after the date of this article's approval by the board of county commissioners) servicing oil and grease interceptors, oil and grease traps, pump stations, oil and water separators, or sand interceptors/traps that discharge to the county's WWF or haulers proposing to discharge wastes directly to the county's POTW or WWF, the county's septage receiving station or areas approved by the director must apply for a waste hauler operating permit within sixty (60) days of company establishment. All waste hauler operating permit applications must be completed in accordance with section 37-739(t) and section 37-749(u) of this article.

(t)

Waste hauler operating permit application contents. In order to be considered for a waste hauler operating permit, all waste haulers required to obtain a waste hauler operating permit must submit the information specified on a permit application in the form prescribed by the director, and accompanied by the application fee. In support of the application, the waste hauler shall submit, in terms appropriate for evaluation, the following information at minimum:

(1)

Hauler name, address, and location, (if different from the facility address);

(2)

Business name, address, telephone number and fax number;

(3)

Vehicle storage location(s);

(4)

The specific waste types to be disposed;

(5)

Designated facility contact;

(6)

Identify all environmental permits and/or licenses held, including type, issuing body, and applicable expiration date; and

(7)

Waste hauling vehicle information for every vehicle to be utilized for the transport and disposal of hauled waste in the county, including vehicle make/model, year, registration number, vehicle license tag number, Florida Department of Health (FDOH) issued hauled waste transporter license decal number or county decal number (where applicable), and waste disposal capacity (in gallons).

(u)

Application signatories and certification. All waste hauler discharge permit applications must contain the following certification statement and be signed by an authorized representative of the waste hauler:

"I certify under the penalty of law that this document and all attachments were prepared under my direction or supervision. 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."

(v)

Waste hauler operating permit decisions. Upon receipt of a complete waste hauler operating permit application, the director may issue a waste hauler operating permit requiring the waste hauler to comply with this chapter.

(w)

Waste hauler operating permit issuance process.

(1)

All holders of waste hauler operating permits shall be subject to all provisions of this article, all other applicable regulations, and user charges and fees established by the county. Waste hauler operating permits shall include such conditions as are reasonably deemed necessary by the director to ensure for effective tracking of waste; to ensure for the proper disposal of wastes; prevent pass-through or interference; to protect the quality of the water body receiving the county POTW's or WWF's effluent; to protect worker health and safety; to facilitate biosolids and effluent reuse management and disposal; to protect ambient air quality; and to protect against damage to the county POTW or WWF.

(2)

Waste hauler operating permits must contain the following general permit conditions:

a.

A statement that violation of any permit condition may result in the suspension or revocation of the permittee's disposal privileges at the designated waste disposal facility;

b.

A statement that the director reserves the unconditional right to refuse the acceptance of any load or stop an unloading operation in progress at any time;

c.

A listing of acceptable waste types;

d.

A listing of waste types subject to approval by the director on a case-by-case basis before disposal;

e.

A listing of prohibited waste types;

f.

A listing of all disposal facilities authorized to be used by the waste hauler;

g.

The administrative requirement of the waste hauler to obtain a waste hauler operating permit prior to servicing (pump out or maintain) any oil and grease interceptor, oil and grease trap, pump station, oil and water separator, or sand interceptor/trap that discharge to the county's WWF and/or prior to discharging wastewater at the county's septage receiving station, or location approved by the director;

h.

The administrative requirement of the waste hauler to register each vehicle with the county, for the transportation of each waste type identified by the waste hauler on the hauled waste operation permit application;

i.

The administrative requirement of the waste hauler to obtain a waste hauler operating permit registration vehicle decal from the director for the transportation of domestic or industrial waste;

j.

The administrative requirement of the waste hauler to obtain a hauled waste transporter license decal (number) from the FDOH as required for the transportation of domestic septage waste;

k.

The administrative requirement of the waste hauler to maintain a current waste hauler account with the director;

l.

A statement that the waste hauler must complete and submit to the director prior to discharge, a waste disposal manifest identifying the source of all waste (i.e., origin/location, address, and estimated volume) for each waste load received from users of the county WWF or to be disposed at the county's septage receiving station or designated disposal location;

m.

A statement that all vehicles used to haul waste must be equipped with a safe and easily accessible sample point;

n.

A statement that analytical data may be required of all waste types subject to approval;

(3)

Waste hauler operating permits must contain the following specific permit conditions:

a.

A detailed listing of specific acceptable waste types and a statement that the waste hauler may dispose the specific waste types listed;

b.

A detailed listing of the specific vehicles (as identified by vehicle make, FDOH hauled waste transporter license decal number [where applicable], license tag, waste hauler operating permit registration vehicle decal number, and total waste storage capacity [in gallons]) authorized to dispose hauled waste;

c.

A statement that the original waste hauler discharge permit must be kept on file in the permanent business office location of the waste hauler;

d.

A statement that each registered waste hauling vehicle shall carry a copy of the waste hauler operating permit at all times;

e.

A statement that the waste hauler shall immediately report any changes in business name, ownership, address, registered vehicles, and disposal facilities used in writing by submitting to the director a waste hauler discharge permit application (with appropriate fee) detailing all reported changes;

f.

A statement that all wastes subject to approval shall not be commingled with other waste;

g.

A statement that in the case of multiple waste sources contained in one (1) vehicle load, any part of the load which is unacceptable, pursuant to the requirements defined in this article or waste hauler operating permit requirements, may render the entire load unacceptable for discharge; and

h.

A statement that the waste hauler shall follow the established procedures and policies regarding the use of the county's septage receiving station.

(4)

Waste hauler operating permits shall require the waste hauler to use a waste disposal manifest or nonhazardous waste disposal manifest identifying the following information at a minimum:

a.

Waste hauler business name and address;

b.

Waste hauler operating license vehicle decal number issued by the director;

c.

County septage receiving station waste hauler account number (where applicable);

d.

Waste hauler operating permit number issued by the director;

e.

Waste pick-up date;

f.

Waste generator name, address (of waste origin), including county of origin, for all waste types excluding portable toilet waste. Waste haulers disposing of portable toilet waste must maintain customer records identifying generator name and address and shall make this information available to the director upon request;

g.

Estimated waste volume removed (in gallons);

h.

Identify the waste type and device serviced;

i.

Inspect and identify the condition of the device, noting all repairs needed to comply with state and local requirements;

j.

A signed and dated certification statement from the waste hauler and customer that the information provided on the waste disposal manifest or nonhazardous waste disposal manifest is true, accurate, and complete, that shall also include the customer's printed name and phone number;

k.

Waste hauler driver printed name and dated signature; and

l.

Waste disposal facility business name and phone number, date and time the waste was received by the waste disposal facility, and waste disposal facility operator printed name and signature.

(5)

Requirements for waste disposal manifest or nonhazardous waste disposal manifests. Waste hauler operating permits shall include the following requirements for waste disposal manifest or nonhazardous waste disposal manifest completion and signature requirements as follows:

a.

Waste haulers, waste generators and the receiving waste disposal facility shall complete, sign and date a separate waste disposal manifest or nonhazardous waste disposal manifest with every waste load removed at each customer (waste origin) location, excluding portable toilet waste.

b.

For the instance where waste was removed at more than one (1) customer location by the waste hauler and these wastes are contained in one (1) waste hauler vehicle, then a separate waste disposal manifest must be completed for each customer (waste origin) location that generated the waste contained in the vehicle, excluding portable toilet waste. Additionally, each waste disposal manifest or nonhazardous waste disposal manifest is required to be completed, signed and dated by the waste hauler, waste generator and the receiving waste disposal facility.

c.

For portable toilet waste, the waste hauler and waste disposal facility are required to date, sign and provide all information contained in the waste disposal manifest or nonhazardous waste disposal manifest, with the exception of customer name, signature and phone number, provided that this information is available upon director request or inspection of waste hauler files.

(x)

Waste hauler operating permit duration. Permits shall be issued for any specified time period, not to exceed two (2) years. Each waste hauler discharge permit will be stated to expire on a specific date as set forth in the permit.

(y)

Waste hauler operating permit transfer. Waste hauler operating permits are issued to a specific waste hauler for a specific operation at a specific location. A waste hauler discharge permit is not transferable to another person or business.

(z)

Waste hauler operating permit review. Any user may petition the control authority to review the conditions of a waste hauler operating permit within thirty (30) days of the user's receipt. The petition for review must be received by the control authority within the thirty-day time period.

(1)

Failure to submit a timely petition shall be deemed to be a waiver of the administrative review.

(2)

In its petition, the party seeking review must indicate the waste hauler discharge permit conditions objected to, the reasons for the objection, and the alternative condition, if any, it seeks to place in the waste hauler operating permit.

(3)

The effectiveness of the waste hauler operating permit shall not be stayed pending the appeal.

(4)

Decisions denying review of a waste hauler operating permit, denying issuance of a waste hauler operating permit, or denying proposed modifications to a waste hauler operating permit shall be considered for appeal by the customer, pursuant to the appeals process described in section 37-749(j).

(aa)

Waste hauler operating permit modification. The director or permittee may request by written notice a modification of the waste hauler operating permit at any time for good cause including, but not limited to the following:

(1)

Any new or revised local, state, or federal pretreatment standards or requirements;

(2)

Alterations or additions to the industrial user's operation, processes, acceptable or unacceptable waste types, vehicle make, license tag, waste capacity, waste transporter license number, or the county-issued waste hauler operating license vehicle decal number since the time of waste hauler operating permit issuance;

(3)

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

(4)

Information indicating that the permitted discharge poses a threat to the county's POTW or WWF, or persons or waters of the state;

(5)

Violations of any terms or conditions of the waste hauler operating permit;

(6)

Permittee's misrepresentations or failure to fully disclose all relevant facts in the waste hauler operating permit application or in any required reporting;

(7)

Discovery of typographical or other errors in the waste hauler operating permit; and

(8)

A transfer of the facility ownership, location, or operation. The filing of a request by the permittee for a waste hauler operating permit modification does not stay any waste hauler operating permit condition.

(bb)

Waste hauler operating permit revocation. Waste hauler operating permits may be revoked for any of the following actions or inactions by the permittee:

(1)

Discharge of industrial wastewater without prior control authority approval;

(2)

Disposing hauled waste at any location not designated or approved by the control authority;

(3)

Misrepresentation or failure to fully disclose all relevant facts in the waste hauler operating permit application;

(4)

Falsifying information provided on waste disposal manifest or nonhazardous waste disposal manifest;

(5)

Tampering with samples collected from waste loads;

(6)

Refusing to allow the control authority timely access to the facility premises and records;

(7)

Failure to meet effluent requirements;

(8)

Failure to pay penalties;

(9)

Failure to pay waste disposal charges;

(10)

Failure to meet compliance schedules;

(11)

Failure to complete a waste hauler operating permit application;

(12)

Violation of any general or specific permit condition or requirement, or any terms of the waste hauler operating permit or this article; and

(13)

Waste hauler operating permits shall be voidable by the control authority upon non-use, cessation of operations, or transfer of business ownership. All waste hauler operating permits are void upon the issuance of a new waste hauler operating permit.

(cc)

Waste hauler discharge permit reissuance. A user with an expiring waste hauler operating permit may apply for reissuance of its waste hauler operating permit by submitting a complete operating permit application, in accordance with section 37-739(t) and section 37-739(u) of this article prior to the expiration of the user's existing waste hauler operating permit.

(dd)

Regulation of hauled waste received from outside service area.

(1)

Any industrial facility discharging industrial waste to the county POTW or WWF by means of a waste hauler may be subject to the requirement of obtaining a discharge permit and regulation by the control authority.

(2)

Violation of the terms and conditions of the interlocal agreement subjects the discharging jurisdiction or municipality to the sanctions set out in sections 34-749 (Enforcement) through 34-751 (Supplemental enforcement) of this article.

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