ADMINISTRATION AND APPLICATION REQUIREMENTS FOR WASTEWATER DISCHARGE AND WASTEWATER CONTRIBUTION PERMITS

Cape Coral Code of Ordinances ch. 19, art. IV

in effect

Cape Coral Code of Ordinances § 19-41 Wastewater contribution permits, general permits.

§ 19-41 - Wastewater contribution permits, general permits. (a) All significant users proposing to connect to or to contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW. (b) All existing significant users connected to or contributing to the POTW shall obtain a wastewater contribution permit within 180 days after the effective date of this article. (Ord. 97-86, § 1, 1-26-1987)

Cape Coral Code of Ordinances § 19-42 Permit application requirements.

§ 19-42 - Permit application requirements. (a) Users required to obtain a wastewater contribution permit shall complete and file with the city, an application in the form prescribed by the city and accompanied by a fee as set by the city from time to time. Existing users shall apply for a wastewater contribution permit within 30 days after the effective date of this article, and proposed new users shall apply at least 90 days prior to connecting to or contributing to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information: (1) Name, address and location, (if different from the address); (2) SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended; (3) Wastewater constituents and characteristics including but not limited to those mentioned in § 19-8.2 of this chapter as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to § 304(g) of the Act and contained in 40 C.F.R. part 136, as amended; (4) Time and duration of contribution; (5) Average daily and three minute peak wastewater flow rates, including daily, monthly and seasonal variations if any; (6) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation; (7) Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged; (8) Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, state or federal pretreatment standards, and a statement regarding whether or not the 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 for the user to meet applicable pretreatment standards; (9) a. If additional pretreatment and/or O&B will be required to meet the pretreatment standards; the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. b. The following conditions shall apply to this schedule: 1. The schedule shall contain increments of progress 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 (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction and the like). 2. No increment referred to in subsection (a)(9)b.1. above shall exceed nine months. 3. Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Utilities Director including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between the progress reports to the Utilities Director. (10) Each product produced by type, amount, process or processes and rate of production; (11) Type and amount of raw materials processed (average and maximum per day); (12) Number and type of employees and hours of operation of plant and proposed or actual hours of operation of pretreatment system; and (13) Any other information as may be deemed by the city to be necessary to evaluate the permit application. (b) The city will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the city may issue a wastewater contribution permit subject to terms and conditions provided herein. (Ord. 63-89, 10-10-1989; Ord. 49-96, 9-24-1996; Ord. 44-11, 8-22-2011 ) (Ord. 97-86, § 1, 1-26-1987)

Cape Coral Code of Ordinances § 19-43 Modifications of permit.

§ 19-43 - Modifications of permit. Within nine months of the promulgation of a national categorical pretreatment standard, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater contribution permit as required by § 19-49, the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater contribution permit shall submit to the city within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by § 19-49(h) and (i). (Ord. 97-86, § 1, 1-26-1987)

Cape Coral Code of Ordinances § 19-44 Permit conditions.

§ 19-44 - Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this ordinance and all other applicable regulations, user charges and fees established by the city. Permits may contain the following: (a) The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer; (b) Limits on the average and maximum wastewater constituents and characteristics; (c) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization; (d) Requirements for installation and maintenance of inspection and sampling facilities; (e) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule; (f) Compliance schedules; (g) Requirements for submission of technical reports or discharge reports (see § 19-47); (h) Requirements for maintaining and retaining plan records relating to wastewater discharge as specified by the city, and affording city access thereto; (i) Requirements for notification of the city of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system; (j) Requirements for notification of slug discharges as per § 19-8.2(c); and (k) Other conditions as deemed appropriate by the city to ensure compliance with this chapter. (Ord. 63-89, 10-10-1989) (Ord. 97-86, § 1, 1-26-1987)

Cape Coral Code of Ordinances § 19-45 Permits duration.

§ 19-45 - Permits duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to a modification by the city during the term of the permit as limitations or requirements as identified herein are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. (Ord. 97-86, § 1, 1-26-1987)

Cape Coral Code of Ordinances § 19-46 Permit transfer.

§ 19-46 - Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without the approval of the city. (Ord. 97-86, § 1, 1-26-1987; Ord. 63-89, 10-10-1989)

Cape Coral Code of Ordinances § 19-47 Reporting requirements for permittee, compliance date report.

§ 19-47 - Reporting requirements for permittee, compliance date report. Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the city a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by the pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user, and certified by a qualified professional. (Ord. 97-86, § 1, 1-26-1987)

Cape Coral Code of Ordinances § 19-48 Periodic compliance reports.

§ 19-48 - Periodic compliance reports. (a) Any user subject to a pretreatment standard, after the compliance date of the pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the city during each quarterly period, unless required more frequently in the pretreatment standard or by the Utilities Director, a report indicating the nature and concentration, of pollutants in the effluent which are limited by the pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported. At the discretion of the city and in consideration of such factors as local high or low flow rates, holidays, budget cycles and the like, the city may agree to alter the months during which the above reports are to be submitted. (b) (1) The city may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required hereby shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the city, or pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the approval authority pursuant to § 304(g) of the Act and contained in 40 C.F.R. part 136 and amendments thereto or with any other test procedures approved by the administrator. Sampling shall be performed in accordance with the techniques approved by the approval authority (DER). (2) (Comment: Where 40 C.F.R. part 136 does not include a sampling or analytical technique for the pollutant in question sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator.) (Ord. 63-89, 10-10-1989; Ord. 44-11, 8-22-2011) (Ord. 97-86, § 1, 1-26-1987)

Cape Coral Code of Ordinances § 19-49 Monitoring facilities.

§ 19-49 - Monitoring facilities. (a) The city shall require to be provided and operated, at the users own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the city may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. (b) There shall be ample room in or near the sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expenses of the user. (c) Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the city's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the city. (Ord. 97-86, § 1, 1-26-1987)

Cape Coral Code of Ordinances § 19-50 Inspection and sampling.

§ 19-50 - Inspection and sampling. The city shall inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city or their representatives ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of their duties. The city, approval authority and (where the NPDES state is the approval authority), EPA shall have the right to setup on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the city, approval authority and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. (Ord. 97-86, § 1, 1-26-1987)

Cape Coral Code of Ordinances § 19-51 Pretreatment.

§ 19-51 - Pretreatment. (a) Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before construction of the facility. The review of the plans and operating procedures will, in no way, relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city prior to the user's initiation of the changes. (b) The city shall annually publish in the largest daily newspaper a list of the users which were not in compliance with any pretreatment requirements or standards at least once during the 12 previous months. The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months. (c) All records relating to compliance with pretreatment standards will be made available to officials of the EPA or approval authority upon request. (Ord. 97-86, § 1, 1-26-1987)

Cape Coral Code of Ordinances § 19-52 Violation of this chapter is a misdemeanor.

§ 19-52 - Violation of this chapter is a misdemeanor. Violation of this chapter shall be a misdemeanor punishable under the laws of the State of Florida. (Ord. 97-86, § 1, 1-26-1987)

Cape Coral Code of Ordinances § 19-53 Suspension of wastewater or wastewater contribution permits.

§ 19-53 - Suspension of wastewater or wastewater contribution permits. (a) The city may suspend the wastewater treatment service and/or a wastewater contribution permit when the suspension is necessary, in the opinion of the city, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW or causes the city to violate any condition of its NPDES permit. (b) Any person notified of a suspension of the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the city shall take such steps as deemed necessary including initiation of legal action by the City Attorney and immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The city shall reinstate the wastewater contribution permit and/or the wastewater treatment service upon proof of the elimination of the non-complying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the city within 15 calendar days of the date of occurrence. (c) Any user who violates the following conditions of this chapter or applicable state and federal regulations, is subject to having his or her permit revoked in accordance with the procedures of this chapter: (1) Failure of a user to report factually the wastewater constituents and characteristics of his or her discharge; (2) Failure of the user to report significant changes in operations, or wastewater constituents and characteristics; (3) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; and (4) Violation of conditions of the permit. (d) Whenever the city finds that any user has violated or is violating this chapter, wastewater contribution permit, or any prohibition, limitation of requirements contained herein, the city may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the city by the user. Each quarter, the city will publish in the local newspapers the list of violators of this chapter for that quarter. (e) In the event of violation of this chapter, the Health Officer or authorized employees may verbally instruct the owner as to the necessary corrective action. If the owner fails to carry-out verbal instructions in a timely manner or if a serious violation or hazard to public health exists, the Health Officer, may issue to the owner a written order stating the nature of the violation, the corrective action and the time limit for completing the corrective action. This time limit will not be less than 24 hours nor more than six months depending upon the type and severity of the violation. The offender shall within the period of time stated in the notice, permanently cease all violations. The record of the mailing of the notice or order shall be prima facie evidence thereof and failure of the owner or owners to receive same shall, in no way, affect the validity of any proceedings conducted pursuant to this chapter. (f) If any person, discharges wastewater, industrial wastes or other wastes into the city's wastewater disposal system contrary to the provisions of this chapter, federal or state pretreatment requirements, or any order of the city, the City's Attorney may commence an action for appropriate legal and/or equitable relief in the appropriate court. (g) Any user who is found to have violated an order of the Lee County Health Department or who willfully or negligently failed to comply with any provision of this chapter, and the orders, rules, regulations and permits issued hereunder, shall be fined not less than $100, nor more than $1,000, for each offense. Each day on which a violation shall occur or continue, shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the city may recover reasonable attorney's fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this chapter or the orders, rules, regulations and permits issued hereunder. (h) Any person who knowingly makes any false statements, representation or certification in any application, record, plan or other document filed or required to be maintained pursuant to this chapter, wastewater contribution permits or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter, shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment for not more than six months or by both. (i) A person violating any provisions of this article authorizing the aforementioned action by the Lee County Health Department shall be charged the normal and usual charges for discontinuance and disconnection of the water and sewer services and the usual charges for re-commencing the water and sewer services. (Ord. 63-89, 10-10-1989) (Ord. 97-86, § 1, 1-26-1987)

Source: City of Cape Coral, Florida, Code of Ordinances, City Charter and Land Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/fl/cape_coral/codes/code_of_ordinances?nodeId=CH19WASEUT_ARTIVADAPREWADIWACOPEFetched: 11/4/2026