§ 20-113. Industrial and commercial waste discharge agreements—Required; confidential information.

(a)

A nontransferable discharge agreement will be required for each industrial, commercial, or other type of business which is identified as having other than domestic wastes or waste from sanitary conveniences. The fixed life of an agreement is set for one (l) year from date of issue and a renewed waste discharge agreement will have a fixed life of one (1) year. These agreements involve the implementation of a formula for surcharges for wastes which exceed the sewage parameter for strength as defined in section 20-111.

(1)

The purpose of these agreements is to control the contribution to the treatment works by each industrial user to ensure compliance with applicable pretreatment standards and requirements. These agreements shall stipulate monitoring and reporting requirements for each user as well as applicable discharge limitations.

(b)

Required technology. A compliance schedule shall be developed by each industrial user for the installation of technology required to meet applicable pretreatment standards. The director shall require the submission of notes and self-monitoring reports from industrial users as are necessary to assess, and assure compliance with applicable pretreatment standards.

(c)

Signatory and certification requirements.

(1)

Industrial and commercial waste discharge agreements, baseline monitoring reports (BMR's), final compliance reports and periodic reports on continued compliance must be signed by a duly authorized representative of the industrial users.

(2)

All agreements and reports must contain the following certification statement and be signed by an authorized representative of the industrial user. "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(s) 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."

(d)

Confidential information. In accordance with Florida's Public Records Law, Chapter 119, Florida Statutes (1981), and amendment thereto, information and data on a user obtained from reports, questionnaires, permit applications, agreements and monitoring programs and from inspection shall be available to the public or other governmental agency without restriction unless the user, prior to submitting the information, specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information might divulge information, processes or methods of production entitled to protection as trade secrets of the user.

When requested by the person claiming that portions of a report might disclose trade secrets or secret processes, those portions shall be submitted by the user, on forms and in a manner acceptable to the city, to the environmental protection agency pursuant to the confidentiality provisions contained within 40 CFR Section 403.14. The city will thereafter request said information from the environmental protection agency and thereafter maintain its confidentiality. The information will thereafter not be made available to the public and only be used for matters related to this article which may include judicial review of enforcement proceedings by a governmental agency involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

(Ord. No. 84-16, § 4, 7-24-82; Ord. No. 92-26, § 2, 1-12-93)