§ 37-755. Surcharge program.

(a)

Purpose. The purpose of this section is to provide for implementation of the surcharge program. The objective of the surcharge program is the equitable recovery of costs for receiving and treating abnormally high strength wastes, such as BOD, TSS, total nitrogen, total phosphorus and total oil and grease, from nonresidential users.

(b)

[Surcharge for excess of limits.] A surcharge shall be assessed for wastes in excess of the limits as specified and adopted by county resolution for BOD, TSS, TKN, total phosphorus, and total oil and grease.

(c)

General criteria.

(1)

Significant commercial user, and significant industrial user as defined in this article, shall be subject to a surcharge on discharges of abnormally high strength compatible wastes, as defined in this article, to the county WWF.

(2)

The surcharge in dollars shall be computed by multiplying the difference in the period average concentration in milligrams per liter (mg/l) above the defined surcharge limits for each applicable constituent times the volume of potable water or metered sewer flow during the billing period in millions of gallons (MG) times a conversion factor times the respective unit cost for treatment in dollars per pound.

(3)

The period average concentration shall mean the average concentration of at least two (2) samples collected by the county, each collected on a minimum quarterly basis. If two (2) samples are not available for averaging purposes, then the period average will be based on the one (1) available sample result.

(4)

The general criteria, general design criteria, capacity requirements, installation requirements, maintenance requirements and administrative procedures for all users with oil and grease interceptors/ traps and oil and water separators shall be performed in accordance with section 37-754(c), (d), (e), (f), (g), and (i) of this article.

(5)

The surcharge shall be in addition to any applicable wastewater charges and shall be assessed for each billing period. The surcharge shall be billed on the monthly utility statement to the user and shall be collected in the same manner as the other utility charges. Nonpayment or delinquency shall subject the user to the same fines and penalties, including termination of service, as set forth for the other utility services.

(d)

Flow determination.

(1)

The flow volume for determination of the surcharge shall be based on one (1) of the following methods:

a.

Metered water consumption as shown in the records of meter readings made by the utility authority;

b.

Flow monitoring devices which measure the actual volume of wastewater discharged to the county WWF; or

c.

Flow monitoring devices for other water supplies procured from other sources besides the utility authority.

d.

The surcharge flow may be based on the total equivalent residential unit (ERU) value for an establishment, as calculated and as specified in the county's rate resolution, with approval by the director. One (1) ERU shall have an assigned value of one (1). One (1) ERU is determined to equal the flow of three hundred (300) gallons per day. The total ERU value for an establishment shall be calculated by multiplying the ERU factor specified in the county rate resolution by the number of units. One (1) equivalent residential connection (ERC) shall have an assigned value of one (1). One (1) ERC is determined to equal the flow of three hundred fifty (350) gallons per day.

(2)

Flow monitoring devices other than those for the utility authority shall be provided, installed, calibrated and maintained at the user's expense and in accordance with plans approved by the director. Flow monitoring devices shall be calibrated at least annually at the sole expense of the user and the calibration records provided to the director within thirty (30) days of the date of calibration.

(3)

Flow measurement and calibration records shall be retained and preserved by the user in a file in accordance with section 37-747(n). The records shall be made available by the user for inspection and copying by authorized county personnel.

(e)

Constituent concentrations. The concentration of constituents in the user's discharge to the county WWF shall be determined by samples collected and analyzed by authorized county personnel. Samples shall be collected and analyzed in accordance with Florida Department of Environmental Protection (FDEP) standard operating procedure (SOP) 01/001, FS2400 and in such a manner to be representative of the actual discharge to the county collection system, where feasible. Samples shall be analyzed in accordance with procedures set forth in 40 CFR Part 136, Chapter I, Subchapter D. The surcharge shall be based on the determination of the constituent concentrations by the director.

(f)

Monitoring.

(1)

Samples shall be collected on a regularly scheduled basis, but no less than, once per year, by authorized county personnel.

(2)

Samples of discharges shall be collected routinely from users that are known to be or suspected of containing abnormally high strength compatible wastes or significant commercial users (SCUs) with flows of ten thousand (10,000) gallons or more per day during any day of any calendar year.

(3)

Samples may be collected manually using grab samples or with automatic sampling equipment. Composite samples may be retrieved with automatic sampling equipment or performed manually using grab samples as aliquots.

(4)

To the extent possible, samples will be collected to obtain a representative characterization of the user's discharge. Samples may be flow or time proportional as is appropriate to be representative of the actual discharge to the county wastewater system.

(5)

Users shall install and maintain at their sole expense an appropriate monitoring facility, including, but may not be limited to, a control manhole and suitable automatic sampling equipment. Monitoring sites and facilities shall be accessible at all times to authorized county personnel.

(6)

Sample analyses shall be performed at the county's wastewater laboratories. The director may send the samples to a certified commercial laboratory currently under contract to the county.

(7)

The costs of sample analysis performed by the certified commercial laboratory shall be assessed directly to the user.

(8)

The user may request that the sample analyses be performed by an independent, certified commercial laboratory, as well as request a split sample from samples collected by the county, upon written request. The costs for such analyses shall be borne exclusively by the user.

(9)

The costs of sample collection and analysis may be assessed daily by the director, if such monitoring activities indicate that the wastes are unacceptable or detrimental to the county wastewater system.

(10)

The charges for sample collection and analysis (laboratory work) shall be those rates as described in the schedule of costs (fees) for the certified commercial laboratory currently under contract to the county.

(11)

Significant commercial users may be assessed the costs for sample collection and laboratory analyses, not to exceed one (1) monitoring activity per billing period. Charges for additional sample collection and laboratory analyses may be assessed on a daily basis as long as the results demonstrate that the user is discharging unacceptable wastes to the county wastewater system.

(g)

Permits. The director may require specified users in the surcharge program to apply for an industrial wastewater discharge permit. All users that meet the criteria for a significant industrial user shall obtain an industrial wastewater discharge permit.

(h)

A user has the right to appeal a surcharge in writing to the director within thirty (30) days of the date of the monthly bill. The decision of the director shall be final.

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