§ 21-57. General provisions.

(a) Short title. This Division 3 of Article II, Chapter 21, of the Code of Ordinances of the city shall be known as the "Industrial Pretreatment Ordinance" and shall herein be referred to as the or this "ordinance". 
(b) Purpose and policy. This ordinance sets forth uniform requirements for users of the wastewater collection and Publicly Owned Treatment Works (WWTP) for the city of Lake Wales, Florida and enables the city to comply with all applicable State and Federal laws including the Clean Water Act (33 U.S.C. 1251 et seq.), and the General Pretreatment Regulations (62-625 F.A.C.). The objectives of this ordinance are: 

(1) To prevent the introduction of pollutants into the WWTP that will interfere with the operation of the WWTP, including interference with its use or disposal of domestic wastewater residuals; 
(2) To prevent the introduction of pollutants into the WWTP which will pass through the WWTP, inadequately treated, into receiving waters or otherwise be incompatible with the WWTP; 
(3) To ensure that the quality of the wastewater treatment plant sludge is maintained at a level which allows its use and disposal in compliance with applicable statutes and regulations; 
(4) To protect WWTP personnel who may be affected by wastewater and sludge in the course of their employment and to protect the general public; 
(5) To improve the opportunity to recycle and reclaim wastewater and sludge from the WWTP; 
(6) To establish an equitable fee structure for users of the WWTP; and 
(7) To enable the city to comply with its NPDES permit conditions, sludge use and disposal requirements and any other federal or state laws to which the WWTP is subject. 

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

(c) Administration. Except as otherwise provided herein, the city manager shall administer, implement and enforce the provisions of this ordinance. Any powers granted to or duties imposed upon the city manager may be delegated by the city manager to other city personnel. 
(d) Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this ordinance, shall have the meanings hereinafter designated: 

(1) Act or the Act. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq. 
(2) Approval authority. The appropriate regional administrator of the Department of Environmental Protection, or his/her designee. 
(3) Authorized or duly authorized representative of the user.

a. If the user is a corporation: 

1. The president, secretary, treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or 
2. The manager of one or more manufacturing, production, or operation facilities; provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit or general permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. 

b. If the industrial user is a partnership, or sole proprietorship, a general partner or proprietor, respectively. 
c. If the industrial user is a federal, state or local governmental facility a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee. 
d. The individuals described in paragraph a.—c. above, may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City of Lake Wales. 

(4) Biochemical oxygen demand (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five (5) days at 20° Centigrade expressed in terms of mass [pounds (lbs)] or concentration [milligrams per liter (mg/l)]. 
(5) Best management practices or BMPs means schedules or activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in section 21-58(a) and (b) [40 CFR 403.5(a)(1) and (b). BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. [Note: BMPs also include alternative means (i.e., management plans) of complying with, or in place of certain established categorical pretreatment standards and effluent limits.] 
(6) Categorical pretreatment standard or categorical standard. Any regulation containing pollutant discharge limits promulgated by the Department of Environmental Protection in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. 1317) which apply to a specific category of industrial users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471. 
(7) Categorical industrial user. An industrial user subject to a categorical pretreatment standard or categorical standard. 
(8) Chemical oxygen demand or COD. A measure of the oxygen required to oxidize all compounds, both organic and inorganic in water. 
(9) City. The City of Lake Wales or the City Commission of Lake Wales, Florida. 
(10) Color. The optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred (100) percent transmittance is equivalent to zero (0.0) optical density. 
(11) Composite sample. The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time (as a last resort). 
(12) Control authority. The city. 
(13) Daily maximum. The highest value of all the effluent samples collected during a calendar day. 
(14) Daily maximum limit. The maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass, discharged over the course of the day. Where daily maximum limits are expressed in terms of concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day. 
(15) Department of Environmental Protection or DEP. The Department of Environmental Protection, where appropriate, the term may also be used as a designation for the Regional Water Management Division Director or other duly authorized official of said agency. 
(16) Environmental Protection Agency or EPA. The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency. 
(17) Existing source. Any source of discharge, the construction or operation of which commenced prior to the publication 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. 
(18) Grab sample. A sample which is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes. 
(19) Hazardous waste pharmaceutical is a pharmaceutical that is a solid waste, as defined in Title 40 of the Code of Federal Regulations (40 CFR) section 261.2, and exhibits one or more characteristics identified in 40 CFR part 261 subpart C or is listed in 40 CFR part 261 subpart D. 
(20) Healthcare facility means any person that is lawfully authorized to: 

1. Provide preventative, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, and counseling, service, assessment or procedure with respect to the physical or mental condition, or functional status, of a human or animal or that affects the structure or function of the human or animal body; or 
2. Distribute, sell, or dispense pharmaceuticals. This definition includes, but is not limited to, wholesale distributors, third-party logistics providers that serve as forward distributors, military medical logistics facilities, hospitals, psychiatric hospitals, ambulatory surgical centers, health clinics, physicians' offices, optical and dental providers, chiropractors, long-term care facilities, ambulance services, pharmacies, long-term care pharmacies, mail-order pharmacies, retailers of pharmaceuticals, veterinary clinics, and veterinary hospitals. 

Healthcare facility does not include pharmaceutical manufacturers. 

(21) Indirect discharge or discharge. The introduction of (nondomestic) pollutants into the WWTP from any nondomestic source regulated under Section 307(b), (c) or (d) of the Act. 
(22) Industrial user or user. A source of indirect discharge. 
(23) Instantaneous maximum allowable discharge limit. The maximum concentration (or loading) of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event. 
(24) Interference. A discharge which alone or in conjunction with a discharge or discharges from other sources: 1) inhibits or disrupts the WWTP, its treatment processes or operations or its sludge processes, use or disposal; and 2) is a cause of a violation of the city's 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 there under (or more stringent state or local regulations): Section 405 of the Clean Water Act (CWA); the Solid Waste Disposal Act (SWDA), 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 SWDA; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act. 
(25) Local limit. Specific discharge limits developed and enforced by the city upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b). 
(26) Medical waste. Isolation wastes, infectious agents, human blood and blood by-products, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes. 
(27) New source.

a. Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publications of proposed pretreatment standards under Section 307(c) of the CWA which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: 

1. The building, structure, facility or installation is constructed at a site at which no other source is located, 
2. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source, or 
3. The production or wastewater generating process 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. 

b. 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 section a.2. or 3., above but otherwise alters, replaces, or adds to existing process or production equipment; or 
c. Construction of a new source as defined under this paragraph has commenced if the owner or operator has: 

1. Begun or caused to begin as part of a continuous onsite 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 

2. Entered into a binding contractual obligation for the purchase of facilities or equipment which is 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 paragraph. 

(28) 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. 
(29) Non-significant categorical user means an industrial user that discharges one hundred (100) gallons per-day (gpd) or less of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard, and: 

a. Has consistently complied with all applicable categorical pretreatment standards and requirements; 
b. Annually submits the certification statement required in subsection 62-625.600(17), F.A.C., together with any additional information necessary to support the certification statement; and 
c. Never discharges any untreated categorical process wastewater. 

(30) Pass through. A discharge which exits the WWTP into waters of the state, 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 city's NPDES permit (including an increase in the magnitude or duration of a violation). 
(31) Person. Any individual, partnership, co-partnership, 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 including all Federal, State or local governmental entities. 
(32) pH. A measure of the acidity or alkalinity of a substance, expressed in standard units. 
(33) Pharmaceutical means any drug or dietary supplement for use by humans or other animals; any electronic nicotine delivery system (e.g., electronic cigarette or vaping pen); or any liquid nicotine (e-liquid) packaged for retail sale for use in electronic nicotine delivery systems (e.g., pre-filled cartridges or vials). This definition includes, but is not limited to, dietary supplements, as defined by the Federal Food, Drug and Cosmetic Act; prescription drugs, as defined by Title 21 of the Code of Federal Regulations part 203.3(y); over-the-counter drugs; homeopathic drugs; compounded drugs; investigational new drugs; pharmaceuticals remaining in non-empty containers; personal protective equipment contaminated with pharmaceuticals; and clean-up material from spills of pharmaceuticals. Pharmaceutical does not include dental amalgam or sharps 
(34) Pollutant. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, industrial wastes, biological materials, radioactive materials, heat, wrecked or discharge equipment, rock, sand, cellar dirt, agricultural and industrial wastes, and any material that may affect the characteristics of the wastewater [i.e., pH, temperature, TSS, turbidity, color, BOD, Chemical Oxygen Demand (COD), toxicity, odor]. 
(35) Prescription Pharmaceuticals. A pharmaceutical that can only be obtained by means of a physician's prescription. 
(36) 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 WWTP. 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. 
(37) Pretreatment program. A program administered by a public utility that meets the criteria established in Rule 62-625.500, F.A.C. 
(38) Pretreatment requirements. Any substantive or procedural requirement related to pretreatment, other than a pretreatment standard, imposed on an industrial user. 
(39) Pretreatment standards or standards. Pretreatment standards shall mean prohibitive discharge standards, categorical pretreatment standards, and local limits. 
(40) Prohibited discharge standards or prohibited discharges. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 21-58(a) of this ordinance. 
(41) Publicly owned treatment works or WWTP. A "treatment works" as defined by Section 212 of the Act (33 U.S.C. 1292), which is owned by the municipality. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes and any conveyances which convey wastewater to a treatment plant. The term also means the municipal entity having jurisdiction over the industrial users and responsibility for the operation and maintenance of the treatment works. 
(42) Responsible corporate officer means: 

a. A president, secretary, treasurer, or vice president of the corporation in charge of a principle business function, or any other person who performs similar policy or decision making functions for the corporation; or 
b. The manager of one (1) or more manufacturing, production, or operation facility, provided, the manager: 

1. Is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations; 
2. Is authorized to initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; 
3. Can ensure the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; 
4. Has been assigned or delegated the authority to sign documents in accordance with corporate procedures. 

(43) Reverse distributor means any person that receives and accumulates prescription pharmaceuticals that are potentially creditable hazardous waste pharmaceuticals for the purpose of facilitating or verifying manufacturer credit. Any person, including forward distributors, third-party logistics providers, and pharmaceutical manufacturers, that process prescription pharmaceuticals for the facilitation or verification of manufacturer credit is considered a reverse distributor. 
(44) Septic tank waste. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. 
(45) Sewage. Human excrement and gray water (household showers, dishwashing operations, etc.). 
(46) Significant industrial user (SIU) means, except as provided in paragraphs c. and d., below, the following: 

1. Categorical users; and 
2. Any other industrial user that discharges and average of twenty-five thousand (25,000) gallons per day or more of process wastewater to the WWTP (excluding domestic wastewater, non-contact cooling and boiler blowdown wastewater); contributes a process waste stream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the treatment plant; or is designated as such by the control authority on the basis that the industrial user has a reasonable potential for adversely affecting the WWTP's operation or for violating any pretreatment standard or requirement. 
3. The control authority (except where the department is acting as the control authority) may determine that an industrial user subject to categorical pretreatment standards under Rule 62-625.410, F.A.C., including 40 CFR Chapter I, Subchapter N, Parts 405 through 471, is a non-significant categorical industrial user. 
4. Upon a finding that an industrial user meeting the criteria in paragraph b. above has no reasonable potential for adversely affecting the WWTP's operation or for violating any pretreatment standard or requirement, the control authority may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with paragraph 62-625.500(2)(e). F.A.C., determine that such industrial user is not a significant industrial user. 

(47) Slug load. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in section 21-58(a) of this ordinance or any discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge. 
(48) Standard industrial classification (SIC) Code. A classification pursuant to the Standard Industrial Classification Manual issued by the U.S. Office of Management and Budget. 
(49) Stormwater. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt. 
(50) Superintendent. The city manager or the person designated by the city to supervise the operation of the WWTP, and who is charged with certain duties and responsibilities by this ordinance or his/her duly authorized representative. 
(51) Suspended solids. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering. 
(52) Toxic pollutant. One (1) of one hundred twenty-six (126) pollutants, or combination of those pollutants, listed as toxic in regulations promulgated by the EPA under the provision of Section 307 (33 U.S.C. 1317) of the Act. 
(53) Treatment plant effluent. Any discharge of pollutants from the WWTP into waters of the state. 
(54) 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 WWTP. 
(55) Wastewater facility or WWTP. Any facility which discharges wastes into the waters of the State or which can reasonably be expected to be a source of water pollution and includes any or all of the following; the collection and transmission system, the wastewater treatment works, the reuse or disposal system, and the residuals management facility. 

Shall is mandatory; may is permissive or discretionary. The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use. 
(e) Abbreviations. The following abbreviations shall have the designated meanings: 

• BOD—Biochemical Oxygen Demand 
• CFR—Code of Federal Regulations 
• COD—Chemical Oxygen Demand 
• DEP—Department of Environmental Protection 
• gpd—Gallons per day 
• l—Liter 
• mg—Milligrams 
• mg/l—Milligrams per liter 
• NPDES—National Pollutant Discharge Elimination System 
• O& M—Operation and maintenance 
• WWTP—Wastewater Facility 
• RCRA—Resource Conservation and Recovery Act 
• SIC—Standard Industrial Classifications 
• SIU—Significant Industrial User 
• SWDA—Solid Waste Disposal Act (42 U.S.C. 6901, et seq.) 
• TSS—Total suspended solids 
• USC—United States Code 

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(Ord. No. 2022-49, § 1, 11-01-22)