Town of Zolfo Springs, FL
Hardee County
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Table of Contents
Table of Contents
[Amended 4-19-2010 by Ord. No. 2010-06]
A. 
Words, terms and phrases. When used in this article, the following words, terms or phrases shall have the meanings ascribed to them in this section unless the context clearly indicates otherwise:
BOD (denoting BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen utilized in the biochemical oxidation of organic matter in five days at 20° C. expressed in milligrams per liter (mg/l) under standard laboratory procedures as called for in the most current edition of Standard Methods for the Examination of Water and Wastewater, published jointly by the American Public Health Association, Inc., American Water Works Association and Water Environment Federation.
BUILDING
Any structure built on site or manufactured off site for residential, institutional, commercial or industrial use and from which sewage is discharged.
BUILDING OFFICIAL
The Building Official of the Town of Zolfo Springs or his authorized and designated agent.
BULKHEAD
A temporary device constructed to exclude all water from entering a sanitary sewer system from a sanitary sewer system under construction.
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S .C. § 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
CFR
The most recently published edition of the Code of Federal Regulations.
COMMERCIAL
Any business engaged primarily in the sale of goods or services. Wherever rates are referred to as commercial rates, or as applicable to commercial customers, they are intended to apply to all such customers or services except residential or industrial. For the purposes of this chapter, commercial shall also apply to rates charged to schools, churches and governmental agencies.
DEP
The State of Florida Department of Environmental Protection, previously known as the Department of Environmental Regulation (DER).
DIRECTOR OF UTILITIES
The Town Manager or, if such duties are delegated by the Town Manager, the director of utilities of the Town of Zolfo Springs.
DUPLEXES AND TRIPLEXES
"Duplex" refers to any single building divided into two separate dwelling units. "Triplex" refers to any single building divided into three separate dwelling units.
EXISTING SOURCE
Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.
F.A.C.
The most recently published edition of the Florida Administrative Code.
FINANCE DIRECTOR
The finance director of the Town of Zolfo Springs or his authorized and designated agent.
F.S.
The most recently published edition of Florida Statutes.
GARBAGE
Solid waste from the domestic and the commercial preparation of cooking and dispensing of foods, and from the handling, storage, and sale of produce.
GRAB SAMPLE
A sample which is taken from a wastestream without regard to the flow in the wastestream and may be instantaneous or include a period of time not to exceed 15 minutes.
INDUSTRIAL
Shall apply to all connections serving operations involving manufacturing or processing, which will result in a waste not classified as sanitary sewage, or which will not apply to commercial or residential definitions.
INDUSTRIAL WASTES
The liquid waste received from the operation involving manufacturing or a processing operation.
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete grab or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.
INTERFERENCE
A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and, therefore, is a cause of a violation of the Town's wastewater permit or NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II, commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
MEDICAL WASTE
Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
MULTIFAMILY HOUSING
Refers to any building containing four or more dwelling units.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
(1) 
Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
(a) 
The building, structure, facility, or installation is constructed at a site at which no other source is located; or
(b) 
The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
(c) 
The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.
(2) 
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Subsection (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment.
(3) 
Construction of a new source as defined under this definition has commenced if the owner or operator has:
(a) 
Begun, or caused to begin, as part of a continuous on-site construction program:
[1] 
Any placement, assembly, or installation of facilities or equipment; or
[2] 
Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or
(b) 
Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this definition.
NONCONTACT COOLING WATER
Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
ON-SITE SEWAGE TREATMENT AND DISPOSAL SYSTEM
A permitted system that contains a standard subsurface, filled or mounded drainfield system; an aerobic treatment unit; a graywater system tank; a laundry wastewater system tank; a septic tank; a grease interceptor; a dosing tank; a solids or effluent pump; a waterless, incinerating, or organic waste-composting toilet; or a sanitary pit privy that is installed or proposed to be installed beyond the building sewer on land of the owner or on other land to which the owner has a legal right to install a system. The term does not include package sewage treatment facilities and other treatment works.
OWNER
Part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety of the whole or of a part of a building, lot or parcel of land.
PASS-THROUGH
A discharge which exits the POTW in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the Town's permit(s), including an increase in the magnitude or duration of a violation.
PERSON
Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.
pH
The logarithm of the reciprocal of the weight of the hydrogen ions in grams per liter of solution.
PLUMBING SYSTEM
Any piping system contained on private property to be used to carry sanitary sewer, commercial or industrial wastes, to the sewer system owned and maintained by the Town.
POLLUTANT
Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, grease, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, odor, or other material of any kind that may adversely affect the Town's wastewater treatment plant, cause interference, inhibit the Town's ability to comply with any regulatory permits, harm the Town's sewage works, or create pass-through, bypass.
PRETREATMENT
The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes: by process changes: or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
PRETREATMENT STANDARDS or STANDARDS
Prohibited discharge standards, categorical pretreatment standards, and local limits.
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES
Absolute prohibitions against the discharge of certain substances: these prohibitions appear in § 275-48 of this article.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of food that has been ground to such degree that all particles will be carried freely under the flow conditions normally prevailing in the sanitary sewers, with no particle greater than /12 inch (1.27 cm) in any dimension.
PUBLICLY OWNED TREATMENT WORKS or POTW
A "treatment works," as defined by Section 212 of the Act (33 U.S.C. § 1292) which is owned by the Town and includes the Town's wastewater facilities. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.
RECLAIMED WATER
Water produced generally as a product of a wastewater treatment plant pursuant to state law and this article, but which may include, in total or in part, water from any other lawful source.
SAMPLING POINT
The point at the effluent end of the pretreatment system, or at any point prior to discharge to the POTW, where the Town has established that all compliance and monitoring samples shall be taken to be considered valid analyses.
SANITARY SEWER
Sewer system, gravity sewer, pumping stations, etc., or any structure so designed to carry sewage, and to which stormwater, surface water and groundwater are not intentionally admitted, that is owned and operated by the Town.
SEPTIC SYSTEM
A permitted, private on-site sewage treatment and disposal system employing subsurface soil absorption facilities and shall include the terms "septic tank" and "cesspool."
SEPTIC TANK WASTE
Any sewage from holding tanks, such as vessels, chemical toilets, campers, trailers, and septic tanks.
SEWAGE
A combination of water-carried wastes from buildings used for residential, institutional, commercial, industrial, and other like purposes.
SEWAGE WORKS
All facilities for collecting, pumping, treating and disposing of sewage.
SEWER SYSTEM
The complete sewer and wastewater system now owned, operated and maintained by the Town and which the Town is responsible for maintaining, together with any and all improvements, extensions and additions thereto, hereafter constructed or acquired, together with all lands or interests therein, including plants, buildings, machinery, franchises, pipes, mains, fixtures, equipment and all property, real or personal, tangible or intangible (including agreements for the providing of such services), now or hereafter constructed and/or owned or used in connection therewith.
(1) 
An industrial user subject to categorical pretreatment standards; or
(2) 
An industrial user that:
(a) 
Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater); or
(b) 
Contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
(c) 
Is designated as such by the Town on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.
(3) 
Upon a finding that a user meeting the criteria in Subsection (2) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Town may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in FAC 62-625.500(2)(e), determine that such user should not be considered a significant industrial user.
SINGLE-FAMILY RESIDENCE
Refers to dwelling accommodations designed for one family unit, maintaining separate and independent housekeeping, including at least one kitchen, serviced by a separate water meter.
SLUG
Any discharge of water, sewage or industrial waste which, in concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer than 15 minutes, more than five times the average twenty-four-hour concentration of flows during normal operation; or wastes released in a discharge at a flow rate, level, or concentration which may reasonably be expected to cause interference with the operation of the treatment works.
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE
A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.
STORM DRAIN
Sometimes termed "storm sewer." A drainage line which carries storm- and surface-water runoff, but excludes sewage and industrial wastes, other than unpolluted cooling water.
STORMWATER
Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation.
STORMWATER DETENTION/RETENTION AREA
A natural or man-made basin or structure utilized for the temporary or permanent storage of stormwater.
STORMWATER SYSTEM
The complete system of drainage pipes, lines, swales, gutters, retention/detention areas and other structures now owned, operated and maintained by the Town for the purpose of stormwater management together with any and all improvements, extensions and additions thereto, hereafter constructed or acquired, together with all lands or interests therein, including plants, buildings, machinery, franchises, pipes, mains, fixtures, equipment and all property, real or personal, tangible or intangible (including agreements for the providing of such services), now or hereafter constructed and/or owned or used in connection therewith.
SUSPENDED SOLIDS
Solids that float on the surface or in suspension in water, sewage or other liquids and which are removable by filtration.
USER or INDUSTRIAL USER
A source of wastewater discharge.
UTILITY SERVICE AREA
The area defined in Town records as the area within which the Town shall have the first right to provide water and/or sewer services to any customer residing or doing business within the area and to deliver said service in accordance with the Town's general practice, policy and procedures.
UTILITY SYSTEM
The water system, the sewer system, the reclaimed water system (treated effluent reuse/disposal), and the stormwater system of the Town.
WASTEWATER
Liquid and water-carried industrial wastes, and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
WASTEWATER TREATMENT PLANT or TREATMENT PLANT
That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
WATER SYSTEM
The complete water system now owned, operated and maintained by the Town and which the Town is responsible for maintaining, together with any and all improvements, extensions and additions thereto, hereafter constructed or acquired, together with all lands or interests therein, including plants, buildings, machinery, franchises, pipes, mains, fixtures, equipment and all property, real or personal, tangible or intangible (including agreements for the providing of such services), now or hereafter constructed and/or owned or used in connection therewith.
B. 
Rules of construction. For the purposes of administration and enforcement of this chapter, unless otherwise stated in this chapter, the following rules of construction shall apply:
(1) 
In case of any difference of meaning or implication between the text of this chapter and any caption, schedule, illustration, summary table, or illustrative table, the text shall control.
(2) 
All references to state and federal statutes, codes, etc., shall be interpreted to include "as amended from time to time."
(3) 
The word "shall" is always mandatory and not discretionary; the word "may" is permissive.
(4) 
The words "he," "his," and other words denoting the masculine gender shall extend and be applied to females and to firms, partnerships and corporations as well as to males.
(5) 
Words used in the present tense shall include the future, and words used in the singular number shall include the plural and plural the singular, unless the context clearly indicates the contrary.
(6) 
The phrase "used for" includes "arranged for," "designed for," "maintained for," or "occupied for."
(7) 
Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or" or "either... or," the conjunction shall be interpreted as follows:
(a) 
"And" indicates that all the connected terms, conditions, provisions or events shall apply.
(b) 
"Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.
(c) 
"Either...or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.
(d) 
The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character.
C. 
Abbreviations. The following abbreviations, when used in this article, shall have the designated meanings:
Abbreviation
Meaning
BOD
Biochemical oxygen demand (five-day carbonaceous)
CFR
Code of Federal Regulations
COD
Chemical oxygen demand
EPA
United States Environmental Protection Agency
FAC
Florida Administrative Code
gpd
Gallons per day
mg/l
Milligrams per liter
NPDES
National Pollutant Discharge Elimination System
POTW
Publicly owned treatment works
RCRA
Resource Conservation and Recovery Act
SIC
Standard Industrial Classification
SIU
Significant industrial user
TSS
Total suspended solids
U.S.C.
United States Code
A. 
This article sets forth uniform requirements for direct and indirect contributors into the sewer system for the Town and enables the Town to comply with all applicable state and federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations, as may be amended from time to time.
B. 
The objectives of this article are to:
(1) 
Prevent the introduction of pollutants into the municipal sewer system which will interfere with or harm the system or contaminate the resulting sludge;
(2) 
Prevent the introduction of pollutants into the municipal sewer system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system;
(3) 
Improve the opportunity to recycle and reclaim wastewater and sludge from the system; and
(4) 
Provide for equitable distribution of the cost of the municipal sewer system.
C. 
This article provides for the regulation of contributors to the municipal sewer system through the issuance of permits to certain nondomestic users and through enforcement activities, requires user reporting, assumes that the capacity of existing customers will not be preempted, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.
D. 
This article shall apply to the Town and to persons outside the Town who are, by contract or agreement with the Town, users of the Town sewer system. Except as otherwise provided herein, the director of utilities for the Town shall administer, implement, and enforce the provisions of this article.
E. 
Except as otherwise provided herein, the director for the Town shall administer, implement, and enforce the provisions of this article with advice from appropriate consulting experts, as necessary.
A. 
Prohibited discharge standards.
(1) 
General prohibitions. No user shall 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. The Town may retain an attorney and industrial or sanitary engineer to assist in establishing additional prohibitions specific to a particular user or prospective user, and such user shall pay the fees and costs of such engineer and attorney.
(2) 
Specific prohibitions. No person shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:
(a) 
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.
(b) 
Wastewater having a pH less than 5.5 or more than 8.5, or otherwise causing corrosive structural damage to the POTW or equipment.
(c) 
Solid or viscous substances in quantities of such size capable of causing obstruction to the flow in the POTW or other interference with the proper operation of the sewer system, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, cloth materials, feathers, tar, plastics, wood, unground waste (solids greater than 3/8 of an inch 95/100 of a centimeter in any dimension), whole blood, paunch manure, hair and fleshings, entrails, paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
(d) 
Pollutants, including oxygen-demanding pollutants (BOD, 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.
(e) 
Wastewater having an average temperature greater than 100° F., at the sampling point.
(f) 
Wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils, or products of mineral oil origin or in amounts that will cause interference or pass-through.
(g) 
Wastewater containing more than 100 milligrams per liter of oils, fat or grease.
(h) 
Fats, oils, or greases of animal or vegetable origin in excess of the established local limit, or in quantities which can impeded or impair flow.
(i) 
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.
(j) 
Trucked or hauled pollutants, except at discharge points and manner designated by the Town.
(k) 
Any waters or wastes containing odor-producing substances causing the wastewater to exceed limits of 3 (threshold odor number) or exceeding limits which may be established by the Town, or noxious or malodorous liquids, gases, solids, or other wastewater 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.
(l) 
Any water or wastes which, by interaction with other water or wastes in the public sewer system, releases obnoxious gases, forms solids which interfere with the collection system, or creates a condition deleterious to structures and treatment processes.
(m) 
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 Town's wastewater NPDES permit.
(n) 
Quantities of flow, concentration, or both which constitute a slug.
(o) 
Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment process employed, or are amenable to treatment only to such degree that the wastewater plant effluent cannot meet the requirements of agencies having jurisdiction over discharge to receiving waters and Class I reliability.
(p) 
Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations.
(q) 
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 Town.
(r) 
Sludges, screenings, or other residues from the pretreatment of industrial wastes.
(s) 
Any wastewater exceeding the limits defined within Tables 1, 2, 3, 4, 5, and 6 of Rule 62-550, F.A.C.
(t) 
Any substance or combination thereof that reduced the BOD by 10% will be considered a toxic material, and is prohibited.
(u) 
Medical wastes, except as specifically authorized by the Town in a wastewater discharge permit.
(v) 
Wastewater, alone or in conjunction with other sources, causing the POTW's effluent to fail a toxicity test.
(w) 
Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW.
(x) 
Wastewater containing constituents in concentrations which are in excess of the concentration set for normal wastewater (250 mg/l CBOD and TSS, 30 mg/l TKN, 15 mg/l total phosphorous).
(3) 
Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW.
B. 
National categorical pretreatment standards. The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471 are hereby incorporated into this article.
(1) 
Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Town may impose equivalent concentration or mass limits in accordance with Chapter 62-625.410(4)(b) FAC.
(2) 
When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Town shall impose an alternate limit using the combined wastestream formula in Chapter 62-625.410(6) FAC. Only those industrial subcategories listed in Chapters 62-625.880(1)(a-m) FAC will be considered eligible for the combined wastestream formula.
(3) 
A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in Chapter 62-625.700 FAC, which factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard. The user requesting variance must file a formal request to the Town, along with the permit application for a wastewater discharge permit, in accordance with the procedures in § 275-53 of the article.
(4) 
A user may obtain a net gross adjustment to a categorical standard in accordance with Chapter 62-625.820 FAC, with approval from the Town.
C. 
State pretreatment standards. Chapter 62-625.410 FAC, identifies pretreatment standards (by reference) for industries, and is applicable in the determination of categorical industrial discharges within the Town's jurisdiction.
D. 
Local limits. Local limits shall be established, using standard procedures, calculations and methods acceptable to FDEP, to protect against pass-through and interference. No industrial user shall discharge process wastewater, individual regulated wastestreams, unregulated wastestreams, or dilute wastestreams in excess of the concentrations set forth by the director, or his designee. Local limits shall be included as permit conditions and attached to each Significant Industrial User (SIU) Permit issued. The established local limits are subject to change and shall be modified as needed based on regulatory requirements and standards, POTW operation, performance and processes, the industrial user base, potable water quality and domestic wastewater characteristics. Modifications to the established local limits must be reviewed and approved by FDEP prior to implementation. Implementation of the modified limits shall be accomplished through the development and issuance of an addendum to each SIU Permit. The established local limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for "total" metal unless indicated otherwise.
E. 
The Town's right of revision. The Town reserves the right to establish, by ordinance, or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW.
F. 
Dilution. No user shall 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 Town 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.
A. 
If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated above, or and which in the judgment of the director, may have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the Town may:
(1) 
Reject the wastes; or
(2) 
Require pretreatment to an acceptable condition for discharge to the public sewers; and
(3) 
Require control over the quantities and rates of discharge; and
(4) 
Require surcharge payment to cover added cost of handling and treating the wastes. Surcharges shall be based on a proportionate share of costs.
When considering the above alternatives, the director shall give consideration to the economic impact of each alternative on the discharge. If pretreatment or equalization of waste flows is required, the design and installation of plants and equipment shall be subject to the independent review of the Town's engineers and approval of the director and shall meet the requirements of DEP Chapter 62-625, as amended from time to time.
B. 
Pretreatment. If the wastes are not rejected, users shall provide wastewater pretreatment. If the wastes are not rejected, users shall provide wastewater treatment as necessary to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in § 275-48 of this article within the time limitations specified by EPA, the State of Florida's Chapter 62-625 FAC, or a permit provided by the Town, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans and specifications describing such facilities, along with operating procedures, shall be prepared, signed and sealed by a professional engineer licensed by the State of Florida, submitted to the Town for review, and shall be acceptable to the Town before such facilities are constructed. The review of such plans and operating procedures, shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the Town under the provisions of this article.
C. 
Additional pretreatment measures.
(1) 
Whenever deemed necessary, the Town may require users, at their expense, 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 waste streams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this article.
(2) 
The Town may require any persons 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 flow equalization.
(3) 
Grease, oil, and sand interceptors shall be provided by the user and at the user's expense pursuant to § 275-51 of this article when, in the opinion of the Town, they are necessary for the proper handling of wastewater containing excessive amounts of fats, grease and oil, or sand; except that such interceptors shall not be required for residential users.
(4) 
Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter, by the user at its expense.
(5) 
All expenses for construction, operation, maintenance, inspection, calibration and certification of pretreatment measures required herein are incumbent upon the user.
D. 
Accidental discharge/slug control plans. The Town shall evaluate once every two years, or more frequently at the discretion of the Town, whether each significant industrial user needs an accidental discharge/slug control plan. The Town may require any user to develop, submit for approval, and implement such a plan. Alternatively, the Town may develop such a plan for any user and require that the user implement the plan. Plans developed by the Town for the user will require that the user reimburse the Town for all costs incurred by the Town in developing the plan. An accidental discharge/slug control plan shall address, at a minimum, the following:
(1) 
Description of discharge practices, including nonroutine batch discharges;
(2) 
Description of stored chemicals;
(3) 
Procedures for immediately notifying the Town of any accidental or slug discharge, as required by § 275-54 of this article; and
(4) 
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.
E. 
Hauled wastewater.
(1) 
Waste from chemical toilets and domestic septic tanks may be introduced into the POTW only at locations designated by the Town, and at such times as are established by the Town. Such waste shall not violate § 275-48 of this article or any other requirements established by the Town. The Town may require waste haulers to obtain wastewater discharge permits.
(2) 
No grease trap wastes or hauled industrial wastewater will be accepted.
Where preliminary treatment or flow-equalization facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
Grease, oil and sand interceptors shall be provided when, in the opinion of the Town, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall have a minimum capacity of 750 gallons, shall be designed in accordance with Rule 10D-6.005(5), F.A.C., shall be of a type approved by the director and shall be located as to be readily and easily accessible for cleaning and inspection. Under certain circumstances, under-counter grease interceptors may be used with the prior written approval of the Town. In the maintaining of the interceptors, the owner shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal, which are subject to periodic review by an authorized representative of the Town.
When required to facilitate observation, sampling and measurement of the wastes, the owner of any property serviced by a building sewer carrying industrial wastes shall be required by the Town to install a suitable control manhole together with such necessary meters, sampling equipment and protective structures, and other appurtenances in the building sewer. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the director. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
A. 
Industrial wastewater discharge permit application. Any new or existing business, or industry within the Town that must apply for a license to do business must also make application for wastewater discharge into the Town's sanitary sewer system under the guidelines below:
(1) 
Industrial user survey: When requested by the Town, any new or existing industrial user must submit information on the nature and characteristics of its wastewater by completing an industrial user survey. The Town may prepare a form for this purpose and may periodically require industrial users to update the survey. Failure to complete this survey shall be reasonable grounds for terminating service to the industrial user and shall be considered a violation of this article.
(2) 
Significant industrial user permits: Any new or existing business meeting the definition of an SIU as defined in this article on or after the effective date of this article is considered an SIU and is required to obtain an SIU Permit.
(3) 
Septic tank wastes: Any hauler who proposes to discharge septic tank waste must fill out and submit to the Town the appropriate hauled domestic waste permit application which describes the origin, type, stabilization method, and volume of wastes.
B. 
Wastewater analysis. When requested by the Town, any user must submit information on the nature and characteristics of its wastewater within 30 calendar days of the request. Town staff is authorized to prepare a form for this purpose and may periodically require users to update this information.
C. 
Industrial wastewater discharge permit requirement.
(1) 
No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Town, except that a significant industrial user that has filed a timely application pursuant to Subsection D(1) of this section may continue to discharge for the time period specified therein.
(2) 
The Town may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this article.
(3) 
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this article and subjects the permittee to the sanctions set out in §§ 275-58 through 275-60 of this article. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.
D. 
Industrial wastewater discharge permitting:
(1) 
Existing connections. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this article and who wishes to continue such discharges in the future, shall, within 90 calendar days after said date, apply to the Town for a wastewater discharge permit in accordance with Subsection E of this section, and shall not cause or allow discharges to the POTW to continue after 180 calendar days from the effective date of this article except in accordance with a wastewater discharge permit issued by the Town.
(2) 
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 the permit, in accordance with Subsection E of this section, must be filed at least 45 calendar days prior to the date upon which any discharge will begin or recommence.
E. 
Industrial wastewater discharge permit application contents. All users required to obtain a wastewater discharge permit must submit a permit application.
(1) 
The Town may require all users to submit as part of an application the following information:
(a) 
All information required by Subsection H of this section;
(b) 
Description of activities, facilities, and plant processes on the premises, including 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 all points of discharge;
(g) 
Time, duration and variability of discharges;
(h) 
The results of sampling and analysis identifying the nature and concentration of priority pollutants, as well as any other regulated pollutants in the discharge from the facility. The sample(s) shall be representative of daily operations and shall be analyzed in accordance with the procedures set out in § 275-54 of this article. Sampling must be performed in accordance with the procedures set out in § 275-54 of this article.
(i) 
List of hazardous materials stored, manufactured, or discharged at the premises; and
(j) 
Any other information as may be deemed necessary by the Town to evaluate the wastewater discharge permit application.
(2) 
Incomplete or inaccurate applications will not be processed and will be returned to the user for revision, completion and re-submittal within 14 calendar days, or other deadline as specified by the Town.
F. 
Application signatories and certification. All industrial wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement:
"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."
G. 
Industrial wastewater discharge permit decisions. The Town will evaluate the data furnished by the user and may require additional information. Within 30 working days of receipt of a complete wastewater discharge permit application, the Town will determine whether or not to issue a permit. The Town may deny any application for a wastewater discharge permit.
H. 
Industrial wastewater discharge permit issuance process.
(1) 
An industrial wastewater discharge permit shall 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 discretion of the Town. Each wastewater discharge permit will indicate specific dates upon which it becomes effective and will expire.
(2) 
Industrial wastewater discharge permit contents. An industrial wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Town to prevent pass through or interference, protect the quality of the water body receiving the POTW's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW, and comply with state and federal permits regulating the POTW.
(3) 
Industrial wastewater discharge permits shall contain, at a minimum:
(a) 
A statement that indicates the permit duration, which in no event shall exceed five years;
(b) 
A statement that the permit is nontransferable in accordance with Subsection K of this section, and includes provisions that the new owner or operator apply for a new wastewater discharge permit;
(c) 
A requirement that the permittee file a notice of termination when terminating facility operations, or selling or otherwise transferring ownership of the facility to a new owner or operator;
(d) 
Effluent limits based on applicable pretreatment standards;
(e) 
Self-monitoring, sampling, reporting, notification, and recordkeeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling point(s), sampling frequency, and sample type based on federal, state, and local law; and
(f) 
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.
(4) 
Industrial wastewater discharge permits may contain, but need not be limited to, the following conditions:
(a) 
Limits on the average and/or maximum volume, average and/or maximum rate of discharge, time(s) 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; development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
(d) 
The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;
(e) 
Requirements for installation and maintenance of inspection, flow monitoring and sampling facilities and equipment;
(f) 
Requirements for the submittal of copies of monitoring logs and records;
(g) 
A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and
(h) 
Other conditions as deemed appropriate by the Town to ensure compliance with this article, and state and federal laws, rules, and regulations.
I. 
Industrial wastewater discharge permit appeals. The Town shall provide public notice of the issuance of a wastewater discharge permit. Any person, including the user, may petition the Town to reconsider the terms of a wastewater discharge permit within 10 working days of notice of its issuance.
(1) 
Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
(2) 
In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the permit.
(3) 
The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
(4) 
If the Town fails to act within 10 working days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a permit, not to issue a permit, or not to modify a permit shall be considered final administrative actions for purposes of judicial review.
(5) 
Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the Circuit Court of Hardee County.
J. 
Industrial wastewater discharge permit modification. The Town may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(1) 
To incorporate any new or revised federal, state, or local pretreatment standards or requirements;
(2) 
To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance;
(3) 
A change in either the POTW or its federal and/or state operating permits that requires either a temporary or permanent reduction or elimination of the authorized discharge;
(4) 
Information indicating that the permitted discharge poses a threat to the Town's POTW, Town personnel, or the receiving waters;
(5) 
Violation of any terms or conditions of the wastewater discharge permit;
(6) 
Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
(7) 
Revision of or a grant of variance from categorical pretreatment standards pursuant to Chapter 62-625.700 FAC;
(8) 
To correct typographical or other errors in the wastewater discharge permit.
K. 
Industrial wastewater discharge permit transfer. A wastewater discharge permit may not be transferred to a new owner or operator of a previously permitted facility. The permit application process must be repeated by the new owner or operator.
L. 
Industrial wastewater discharge permit revocation.
(1) 
The Town may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(a) 
Failure to notify the Town of significant changes to the wastewater prior to the changed discharge;
(b) 
Failure to provide prior notification to the Town of changed conditions pursuant to § 275-54 of this article;
(c) 
Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
(d) 
Falsifying self-monitoring reports;
(e) 
Tampering with monitoring equipment;
(f) 
Refusing to allow the Town 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 wastewater discharge permit application;
(l) 
Failure to provide advance notice of the transfer of business ownership of a permitted facility;
(m) 
Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this article; or
(n) 
Failure to timely file self-monitoring reports.
(2) 
Industrial wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All industrial wastewater discharge permits issued to a particular user for a specific facility and/or discharge are void upon the issuance of a new industrial wastewater discharge permit to that user for that facility.
M. 
Industrial wastewater discharge permit reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 275-53 of this article, a minimum of 90 calendar days prior to the expiration of the user's existing permit.
N. 
Administrative costs. The Town shall keep an accurate record of all fees and costs associated with an application for permit by a user, and regularly invoice the user for such costs. Such costs shall include, but are not limited to, Town administrative staff time and costs, legal fees and costs, engineering fees and costs, operations expert fees and costs, rate-making fees and costs, and all other relevant expert fees and costs. The Town shall establish a refundable deposit for each user, to be retained as security for payment of invoices during the application period and the first six months after issuance of the permit, if a permit is issued. However, in no event shall the deposit be returned until the user is clearly and consistently complying with the permit and this Code. In the event of nonpayment of any invoices, the Town may disconnect or refuse water and wastewater service to the user or prospective user until payment is made, and adequate provision is made for future timely payments.
A. 
Baseline monitoring reports.
(1) 
Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under Chapter 62-625.410(2)(d) FAC, whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Town a report which contains the information listed in Subsection A(2), 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, shall submit to the Town a report which contains the information listed in Subsection A(2), below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(2) 
Users described above shall submit the information set forth below.
(a) 
Identifying information. The name and address of the facility, including the name of the operator and owner.
(b) 
Environmental permits. A list of any environmental control permits held by or for the facility.
(c) 
Description of operations. A brief description of the nature, average rate of production, and standard industrial 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.
(d) 
Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in Chapter 62-625.410(6) FAC.
(e) 
Measurement of pollutants.
(f) 
The categorical pretreatment standards applicable to each regulated process.
(g) 
The results of sampling and analysis identifying the nature and concentration, and/or mass where required by the standard, of regulated pollutants in the discharge from each regulated process. All analysis must be retained and is subject to inspection by the Town, however, instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The reported samples shall be representative of daily operations and shall be analyzed in accordance with procedures set out in this section.
(h) 
Sampling must be performed in accordance with procedures set out in this section.
(i) 
Certification. 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) and/or additional pretreatment is required to meet the pretreatment standards and requirements.
(j) 
Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in this section.
(k) 
Signature and certification. All baseline monitoring reports must be signed and certified in accordance with § 275-53 of this article.
(l) 
Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by this section:
[1] 
The schedule shall 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);
[2] 
No increment referred to above shall exceed six months;
[3] 
The user shall submit a progress report to the Town 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; and
[4] 
In no event shall more than six months elapse between such progress reports to the Town.
(m) 
Reports on compliance with categorical pretreatment standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Town a report containing the information described in this section.
(n) 
For users subject to equivalent mass or concentration limits established in accordance with the procedures in Chapter 62-625.410(4) FAC, this report shall contain a reasonable measure of the user's long-term production rate.
(o) 
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 shall include the user's actual production during the appropriate sampling period.
(p) 
All compliance reports must be signed and certified in accordance with § 275-53 of this article.
(q) 
Periodic compliance reports. All significant industrial users shall biannually 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. All periodic compliance reports must be signed and certified in accordance with § 275-53 of this article.
[1] 
All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall 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 shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
[2] 
If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the Town, using the procedures prescribed in this section, the results of this monitoring shall be included in the report.
(r) 
Reports of changed conditions. Each user must notify the Town of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least 30 calendar days before the change.
[1] 
The Town 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 under § 275-53.
[2] 
The Town may issue a wastewater discharge permit under § 275-53 of this article or modify an existing wastewater discharge permit under § 275-53 of this article in response to changed conditions or anticipated changed conditions.
[3] 
For purposes of this requirement, significant changes include, but are not limited to:
[a] 
Flow increases of 20% or greater; or
[b] 
The discharge of any previously unreported pollutant(s).
(s) 
Reports of potential problems.
[1] 
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 shall immediately telephone and notify the Town of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
[2] 
Within five days following such discharge, the user shall, unless waived by the Town, 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 shall not relieve the user of any expense, 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 shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this article.
[3] 
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees to call in the event of a discharge described herein. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.
B. 
Reports from unpermitted users. All nondomestic users not required to obtain a wastewater discharge permit shall provide timely and appropriate reports to the Town in the format and frequency that the Town may require.
C. 
Notice of violation/repeat sampling and reporting. If sampling performed by a user indicates a violation, the user must notify the Town within 24 hours of becoming aware of the violation.
(1) 
The user shall also repeat the sampling and analysis within seven days of notifying the Town and submit the results of the repeat analysis to the Town within 15 days of the collection of the repeat sample.
(2) 
The Town may, at its sole discretion, direct sampling and reporting at different frequencies with alternate reporting periods as may be necessary to protect and maintain the POTW effluent quality.
D. 
Notification of the discharge of hazardous waste. Discharge of hazardous waste shall not be allowed. Any hazardous waste that is accidentally discharged shall be reported immediately per this section.
E. 
Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in Chapter 62-160 FAC and 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If either of the above techniques does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA.
F. 
Sample collection.
(1) 
Except as indicated in Subsection F(2), below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Town may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
(2) 
Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
G. 
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 shall govern.
H. 
Recordkeeping. Users subject to the reporting requirements of this article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this article and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall 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 analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years beyond the expiration date of the permit for which the records were created. This period shall be automatically extended for the duration of any litigation concerning the user or the Town, or where the user has been specifically notified of a longer retention period by the Town.
I. 
Falsification of records. Failure to retain a record required to be retained by this article shall be defined as falsification of records.
A. 
Right of entry: inspection and sampling. A representative of the Town shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this article and any industrial wastewater discharge permit or order issued hereunder. Users shall allow the Town representative 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.
(1) 
Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Town representative will be permitted to enter without delay for the purposes of performing specific responsibilities.
(2) 
The Town shall 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.
(3) 
The Town may require the user to install, at its expense, monitoring equipment as necessary. The facility's sampling and monitoring equipment shall 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 shall be calibrated by a certified technician as often as the manufacturer of the equipment recommends to ensure accuracy, or more often as the wastewater operating protocol dictates.
(4) 
Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Town and shall not be replaced. The costs of clearing such access shall be borne by the user.
(5) 
Delays, which the Town considers unreasonable, in allowing the Town's representative access to the user's premises shall be a violation of this article.
B. 
Search warrants. If the Town's representative has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the Town designed to verify compliance with this article or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Town may seek issuance of a search warrant from the Circuit Court of Hardee County. Attorney fees and costs for obtaining a search warrant shall be paid by the user.
C. 
Presumption of current analysis. For the purposes of enforcement and surcharges, there shall be a rebuttable presumption that the results of the immediately previous analysis by the Town, or absent Town analysis, then the user's self analysis, accurately reflects the current condition of compliance by user on any given subsequent day. The presumption may be rebutted only by sampling and analysis performed in compliance with this article, and a split of such sample has been offered to the user by the Town, or to the Town by the user.
A. 
Information and data on a user obtained from reports, surveys, industrial wastewater discharge permit applications, industrial wastewater discharge permits, and monitoring programs, and from the Town's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Town, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state law.
B. 
Formal request deadline. Any such request must be asserted at the time of submission of the information or data.
C. 
Protection of confidential information. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report.
D. 
Disclosure of wastewater discharge characteristics. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction.
A. 
The Town shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements.
B. 
The term "significant noncompliance" shall mean any one or more of the following:
(1) 
Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of wastewater measurements taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount.
(2) 
Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period:
(a) 
Equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
(b) 
Measure either less than 5.5 standard pH units or more than 9.0 pH units.
(3) 
Any other discharge violation that the Town 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;
(4) 
Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the Town's exercise of its emergency authority to halt or prevent such a discharge;
(5) 
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;
(6) 
Failure to provide within 30 days after the due date, any required written reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7) 
Failure to accurately report noncompliance; or
(8) 
Any other violation(s) which the Town determines will adversely affect the operation or implementation of the local pretreatment program.
A. 
Notification of violation. When the Town finds that a user has violated, or continues to violate, any provision of this article, an industrial wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Town at the direction of the Town Manager may serve upon that user a written notice of violation. Within 14 calendar 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 Town. 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 section shall limit the authority of the Town to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
B. 
Consent orders. The Town, by and through its Town Manager, may enter into consent orders, assurances 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 Subsections D and E of this section and shall be judicially enforceable.
C. 
Show cause hearing. The Town Manager may order a user that has violated, or continues to violate, any provision of this article, an industrial wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Town Commission and show cause why the proposed enforcement action should not be taken.
(1) 
Notice shall be formally 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 or certified mail (return receipt requested) at least 14 calendars days prior to the hearing. Such notice may be served on any authorized representative of the user.
(2) 
The Florida Rules of Civil Practice and Rules of Evidence shall not be requirements for conduct of the hearing; however, the user shall be accorded basic due process, and hearsay shall be allowed, but shall not be the sole basis for any evidentiary proposition unless circumstances indicate sufficient reliability of such hearsay.
(3) 
A show-cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
D. 
Compliance orders. When the Town finds that a user has violated, or continues to violate, any provision of this article, an industrial wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Town may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time.
(1) 
Compliance orders shall include specific action(s) to be taken by the user, a compliance reporting requirement and a milestone schedule for completion of compliance activities and reporting.
(2) 
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.
(3) 
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.
(4) 
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.
(5) 
Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.
E. 
Cease-and-desist orders. When the Town finds that a user has violated, or continues to violate, any provision of this article, an industrial 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 Town may issue an order to the user directing it to cease and desist all such violations and directing the user to:
(1) 
Immediately comply with all requirements; and
(2) 
Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
(3) 
Issuance of a cease-and-desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
F. 
Administrative fines.
(1) 
When the Town finds that a user has violated, or continues to violate, any provision of this article, an industrial wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Town may fine such user in an amount not to exceed $5,000. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.
(2) 
Failure to pay administrative fines on the date due shall be a separate violation of this article.
(3) 
Unpaid charges (including surcharges), fines, and penalties shall, after 30 calendar days, be assessed an additional penalty of 1.5% of the unpaid balance per month, compounded monthly. A lien against the user's property will be imposed for unpaid charges, fines, and penalties.
(4) 
Users desiring to dispute such fines must file a written request for the Town to reconsider the fine along with full payment of the fine amount within 14 calendar days of being notified of the fine. Where a request has merit, the Town Commission may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The Town may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine. The Florida Rules of Civil Practice and Rules of Evidence shall not be requirements for conduct of the hearing; however, the user shall be accorded basic due process, and hearsay shall be allowed, but shall not be the sole basis for any evidentiary proposition unless circumstances indicate sufficient reliability of such hearsay.
(5) 
Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
G. 
Emergency suspensions. The Town may immediately suspend a user's discharge, after informal notice to 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 Town 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.
(1) 
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 Town 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 Town may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Town that the period of endangerment has passed, unless the termination proceedings in Subsection H of this section are initiated against the user.
(2) 
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 Town prior to the date of any show cause or termination hearing under Subsection C or H of this section.
(3) 
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
H. 
Termination of discharge.
(1) 
In addition to the provisions in § 275-53 of this article, any user who violates the following conditions is subject to discharge termination:
(a) 
Violation of wastewater discharge permit conditions;
(b) 
Failure to accurately report the wastewater constituents and characteristics of its discharge;
(c) 
Falsification of records;
(d) 
Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;
(e) 
Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling; or
(f) 
Violation of the pretreatment standards in § 275-48 of this article.
(2) 
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under this section why the proposed action should not be taken. Exercise of this option by the Town shall not be a bar to, or a prerequisite for, taking any other action against the user.
A. 
Injunctive relief. When the Town Manager finds, after consultation with the director and, if necessary, appropriate consultants, that a user has violated, or continues to violate, any provision of this article, an industrial wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Town at the direction of the Town Manager may petition the Circuit Court of Hardee County for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this article on activities of the user. The Town at the direction of the Town Manager 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.
B. 
Civil penalties.
(1) 
A user who has violated, or continues to violate, any provision of this article, an industrial wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the Town for a maximum civil penalty of $5,000 per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
(2) 
The Town may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the Town.
(3) 
In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.
(4) 
Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
C. 
Criminal prosecution.
(1) 
A user who willfully violates any provision of this article, an industrial wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $10,000 per violation, per day, or imprisonment for not more than six months, or both.
(2) 
A user who willfully introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a felony of the third degree and be subject to a penalty of not more than $50,000 or be subject to imprisonment for not more than five years, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
(3) 
A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this article, industrial wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article shall, upon conviction, be punished by a fine of not more than $10,000 per violation, per day, or imprisonment for not more than six months, or both.
D. 
Remedies nonexclusive. The remedies provided for in this article are not exclusive. The Town may take any, all, or any combination of these actions against a noncompliant user. Further, the Town is empowered to take more than one enforcement action against any noncompliant user.
A. 
Performance bonds. The Town may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this article, 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 Town, in a sum not to exceed a value determined by the Town to be necessary to achieve consistent compliance.
B. 
Liability insurance. The Town may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this article, 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.
C. 
Water supply severance. Whenever a user has violated or continues to violate any provision of this article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, 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.
A. 
Upset.
(1) 
For the purposes of this section, "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 preventive maintenance, or careless or improper operation.
(2) 
An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of Subsection A(3) below, are met.
(3) 
A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
(a) 
An upset occurred and the user can identify the cause(s) of the upset;
(b) 
The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and
(c) 
The user has submitted the following information to the Town within 24 hours of becoming aware of the upset if this information is provided orally; a written submission must be provided within five days:
[1] 
A description of the indirect discharge and cause of noncompliance;
[2] 
The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and
[3] 
Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.
(4) 
In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden to prove all aspects of the defense by clear and convincing evidence.
(5) 
Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.
(6) 
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.
B. 
Prohibited discharge standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in § 275-48 of this article 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:
(1) 
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
(2) 
No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the Town was regularly in compliance with its NPDES permit, and, in the case of interference, was in compliance with applicable sludge use or disposal requirements.
C. 
Bypass.
(1) 
Definitions. For the purposes of this section:
BYPASS
The intentional diversion of wastestreams from any portion of a user's treatment facility.
SEVERE PROPERTY DAMAGE
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.
(2) 
Bypass is prohibited, and the Town may take an enforcement action against a user for a bypass, unless:
(a) 
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 periods of equipment downtime or preventive maintenance; and
(c) 
The user submitted notices as required under Subsection C(4) of this section.
(3) 
The director or his designee may approve an anticipated bypass, after considering its adverse effects, if the Town determines that it will meet the three conditions listed in Subsection C(2) of this section.
(4) 
A user shall submit oral notice to the director or his designee of any bypass within three 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.
D. 
Affirmative defenses in this section. The affirmative defenses in this section shall not be defenses to Town claims for surcharges or other imposition of additional cost of treatment at the POTW caused by the discharges in excess of requirements.
A. 
Any business or industry that discharges pollutants in excess of the limits provided in this article or exceeds other parameters set by this Code or set by the Town, as provided herein, may be charged a surcharge based on a prorata share of the costs of treatment of such pollutants.
(1) 
The Town's billing the business or industry a surcharge shall not be deemed as acceptance of the flows or shall not excuse the business or industry from fines or other enforcement as provided herein, except as provided by separate written permit.
(2) 
Any business or industry that discharges 1,000 gpd or more of wastewater which contains pollutants at acceptable, consistent and predictable levels in excess of the following parameters may be subjected to a surcharged service fee to cover the increased costs associated with treatment. These fees may be separately billed or added as a separate line item to the monthly service billing provided in Article VI as follows:
Parameter
Normal Value
(mg/L)
CBOD
250
TSS
250
TKN
30
TP
15
Ammonia
50
(3) 
Additional parameters may be defined based on each individual user's process and waste stream characteristics. The above parameters may not represent a total list and shall be refined through the permit review process or based on compliance sampling.
B. 
If the value for any parameter, such as: (CBOD -- 250), (TSS -- 250), (TKN -- 30), or (Total P -- 15) is less than or equal to zero, that respective surcharge shall equal zero.