Miami-Dade Legislative Item
File Number: 111481
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File Number: 111481 File Type: Ordinance Status: In Committee
Version: 0 Reference: 11-91 Control: Board of County Commissioners
File Name: ORDINANCE AMENDING SECTION 24-25 OF THE CODE Introduced: 7/1/2011
Requester: Permitting, Environment & Regulatory Affairs Cost: Final Action: 11/15/2011
Agenda Date: 11/15/2011 Agenda Item Number: 7F
Notes: 6WKS/4WKS REQUIRED Title: ORDINANCE AMENDING SECTION 24-25 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR ADOPTION OF CHANGES TO UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGULATIONS RELATING TO PRETREATMENT STANDARDS; AMENDING SECTION 24-42.4 OF THE CODE RELATING TO SANITARY SEWER DISCHARGE LIMITATIONS AND PRETREATMENT STANDARDS TO CORRECT A REFERENCE TO THE CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: ORDINANCE AMENDING
Sponsors: Audrey M. Edmonson, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 11/15/2011 7F Adopted P

Infrastructure and Land Use Committee 10/26/2011 1E5 Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed ordinance into the record. Vice Chairwoman Jordan opened the public hearing on the foregoing proposed ordinance. Hearing no one wishing to speak before the Committee, she closed the public hearing. Hearing no further comments or questions, the Committee voted on foregoing proposed ordinance as presented.

Board of County Commissioners 9/2/2011 Municipalities notified of public hearing Infrastructure and Land Use Committee 10/26/2011 9/1/2011

Board of County Commissioners 9/1/2011 Tentatively scheduled for a public hearing Infrastructure and Land Use Committee 10/26/2011

Board of County Commissioners 9/1/2011 4H Adopted on first reading 10/26/2011 P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Hearing no questions or comments, the Commission proceeded to vote on the foregoing proposed ordinance as presented. The foregoing proposed ordinance was adopted on first reading and set for a public hearing before the Infrastructure and Land Use Committee on Wednesday, October 26, 2011 at 2:00 p.m.

Board of County Commissioners 8/25/2011 Requires Municipal Notification Infrastructure and Land Use Committee 10/26/2011

County Attorney 7/1/2011 Assigned Abbie N. Schwaderer 7/5/2011

County Manager 7/1/2011 Assigned County Attorney 7/19/2011
REPORT: DERM (1st reading) - Abbie S. Raurell assisted - Comm. Edmonson sponsor - pending cmte - Attachment: none

County Manager 7/1/2011 Assigned Sue Torriente 7/1/2011

Legislative Text


TITLE
ORDINANCE AMENDING SECTION 24-25 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR ADOPTION OF CHANGES TO UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGULATIONS RELATING TO PRETREATMENT STANDARDS; AMENDING SECTION 24-42.4 OF THE CODE RELATING TO SANITARY SEWER DISCHARGE LIMITATIONS AND PRETREATMENT STANDARDS TO CORRECT A REFERENCE TO THE CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 24-25 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 24-25. Violations of rules and regulations of the State of Florida Department of Environmental Protection, Florida Department of Health, and the United States Environmental Protection Agency.
* * *

(2) [[The regulations of the United States Environmental Protection Agency as set forth in 40 C.F.R. 403 on the effective date of this ordinance are hereby adopted and are incorporated herein by reference hereto.]] >>The regulations of the United States Environmental Protection Agency as set forth in 40 C.F.R. Part 403, as of January 1, 2011, are hereby adopted and incorporated herein by reference hereto, with the exception of 40 C.F.R. § 403.6(c)(5), 40 C.F.R. § 403.8(f)(2)(v), and 40 C.F.R. § 403.12(e). The regulations of the United States Environmental Protection Agency set forth in 40 C.F.R. § 403.6(c)(5), 40 C.F.R. § 403.8(f)(2)(v), and 40 C.F.R. § 403.12(e) as published in 40 C.F.R. Part 403 as of July 1, 2005 are hereby adopted and incorporated herein by reference hereto. <<
* * *



Section 2. Section 24-42.4 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 24-42.4. Sanitary sewer discharge limitations and pretreatment standards.
* * *
(2) General Pretreatment Standards and Local Limits.

* * *
(d) It shall be unlawful for any person to throw, drain, run or otherwise discharge into a sanitary sewer, or to cause, permit, allow or suffer to be thrown, run, drained, allowed to seep, or otherwise discharged into such sewer any of the following substances:

* * *
(vii) In lieu of the local limits set forth in Section [[24-42.4(2)(vi) of this ordinance]] >>24-42.4(2)(d)(vi) of the Code<<, the Director or the Director's designee may utilize equivalent standards as calculated pursuant to the Guide to Protect POTW Workers from Toxic & Radioactive Gases and Vapors (EPA # 812-B-92-001, June 1992), the Guidance Manual on the Development and Implementation of Local Discharge Limitations under the Pretreatment Program (EPA # 833-B-87-202, December 1987), and the Guidance Manual for Developing Best Management Practices (BMP)(EPA# 833-B-93-004, October 1993).
* * *

Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.

Section 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.

Section 5. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.

HEADER
Date:

To: Honorable Joe A. Martinez, Chairman
and Members, Board of County Commissioners

From: Alina T. Hudak
County Manager

Subject: Ordinance Amending Section 24-25 of the Code of Miami-Dade County,
Florida, Providing for Adoption of Changes to United States
Environmental Protection Agency Regulations Relating to Pretreatment
Standards and Amending Section 24-42.4 of the Code Relating to Sanitary
Sewer Discharge Limitations and Pretreatment Standards to Correct a Reference to the Code

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners approve the attached ordinance amending Section 24-25 of the Code of Miami-Dade County, Florida, (Code) providing for the adoption of changes to federal regulations relating to pretreatment standards, to update the federal pretreatment regulations that Miami-Dade County most recently adopted in 2000, and amending Section 24-42.4 of the Code relating to sanitary sewer discharge limitations and pretreatment standards to correct a reference to the Code.

Scope
The proposed ordinance involves countywide environmental permitting and regulation.

Fiscal Impact/Funding Source
There will be no fiscal impact to Miami-Dade County as a result of this ordinance.

Track Record/Monitor
The Pollution Regulation and Enforcement Division of the Department of Environmental Resources Management (DERM) will comply with the proposed ordinance by implementing applicable changes and verifying compliance.

MANAGER'S BACKGROUND
Background
All Publicly Owned Treatment Works (POTW), which consist of the wastewater collection, transmission and treatment systems throughout Miami-Dade County (MDC), are required by federal law to meet the federal pretreatment standards. MDC is responsible for compliance and enforcement of the federal pretreatment regulations countywide.

Section 24-25(2) of the Code currently adopts all regulations of the United States Environmental Protection Agency (EPA) as set forth in 40 CFR Part 403, but only as those regulations existed on April 21, 2000 when MDC adopted them by Ordinance Number 00-49. MDC originally adopted 40 CFR Part 403 in 1991 by Ordinance Number 91-61, and since then, MDC updated its Code in 2000 to reflect changes made by the federal government to the regulations in 40 CFR Part 403. DERM enforces the regulations contained within Chapter 24.

In the April 2008 audit report of DERM’s Industrial Waste Pretreatment Program, the EPA required that MDC update the Code to reflect changes to 40 CFR Part 403 that were made since MDC adopted the previous versions of those regulations in 2000. Preparing the required ordinance included reviews by the EPA and County Attorney’s office and subsequent revisions, a publicly advertised announcement then a period for public comments on the proposed Code amendments. This proposed ordinance will fulfill the audit requirement.

The code changes proposed under this ordinance are broadly known as the EPA’s Pretreatment Streamlining Rule, which is designed to reduce the overall regulatory burden on both industrial users and on regulatory authorities, such as DERM, without adversely affecting environmental protection. For example, the Streamlining Rule:
* Provides to the regulatory authority the flexibility to use best management practices in lieu of numerical local limits (standards) to regulate industrial discharges to the sanitary sewers;
* Allows more flexibility in the frequency of evaluation of slug discharge control plans and mandates that the regulatory authority include this plan in all permits as needed. A slug discharge control plan must be implemented by all significant industrial users having potential for discharging industrial wastewaters, treated or otherwise, that may potentially cause adverse impacts to the sewer collection system or treatment plant;
* Provides greater flexibility to the regulatory authority and the regulated industry in the use of certain sampling techniques; and
* Affords the industrial users longer periods of time (i.e., 45 days instead of 30 days) for self-reporting prior to triggering enforcement from the regulatory authority.

This ordinance specifically adopts only those changes to 40 CFR Part 403 that the EPA requires MDC to adopt. MDC is not required to adopt the amendments to three sections in 40 CFR Part 403: Sections 403.6(c)(5), 403.8(f)(2)(v) and 403.12(e). The amendments to these sections would impose increased testing and reporting requirements on the regulated community and, as a result, increase the time required by County staff to review monthly reports. The amendments to these three sections are therefore excluded from adoption in this ordinance.

In addition, this ordinance amends Section 24-42.4 of the Code to correct a Code reference. Section 24-42.4(2)(d)(vii) currently references “Section 24-42.4(2)(vi),” which does not exist. The proper reference should be “Section 24-42.4(2)(d)(vi)” and this ordinance corrects that error.



_____________________
Assistant County Manager














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