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24-023 1 ORDINANCE NO. 24-023 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 4 BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 26 5 "WATER, SEWERS, AND UTILITIES", ARTICLE IV "SEWERS," 6 DIVISION 4, "INDUSTRIAL AND COMMERCIAL WASTE," 7 SUBDIVISION D "USE OF PUBLIC SEWERS", BY CREATING 8 SECTION 26-147.5 ENTITLED "DENTAL FACILITIES THAT 9 REMOVE OR REPLACE AMALGAM FILLINGS," PROVIDING 10 FOR LOCAL IMPLEMENTATION OF THE EFFLUENT 11 LIMITATIONS GUIDELINES AND STANDARDS FOR DENTAL 12 CATEGORY ADOPTED BY THE STATE OF FLORIDA; 13 PROVIDING FOR CONFLICTS, SEVERABILITY, 14 CODIFICATION,AND AN EFFECTIVE DATE. 15 16 WHEREAS, the Effluent Limitations Guidelines and Standards for the Dental Category, 17 Title 40 Code of Federal Regulations (CFR) Part 441,became effective June 14, 2017; and 18 WHEREAS, the State of Florida adopted the Effluent Limitations Guidelines and 19 Standards for the Dental Category in Rule 625.110(3), Florida Administrative Code; and 20 WHEREAS, due to the State's adoption, all public utilities within an approved 21 pretreatment program are now responsible for regulating dental dischargers within their service 22 areas; and 23 WHEREAS,in addition to regulating dental discharges,service providers are also required 24 to maintain certain records; and 25 WHEREAS, in order to comply with 40 CFR Part 441 and Florida Administrative Code 26 Rule 625.110,the City of Boynton Beach needs to adopt new requirements for dental facilities that 27 remove or place amalgam fillings; and 28 WHEREAS, this Ordinance is enacted pursuant to the home rule powers of the City of 29 Boynton Beach as set forth in Article VIII, Section 2, of the Constitution of the State of Florida, 30 Chapter 166, Florida Statutes, and other applicable controlling laws; and 8-27-24(SRW) Page 1 of 9 CODING: Words m suike4lifeugh type are deletions from existing law; Words in underlined type are additions. 31 WHEREAS, the City Commission deems approval of this Ordinance to be in the best 32 interest of the health,safety,and welfare of the residents and citizens of the City of Boynton Beach 33 and the public at large. 34 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 35 CITY OF BOYNTON BEACH, FLORIDA,AS FOLLOWS: 36 Section 1. The foregoing "WHEREAS" clauses are hereby ratified as being true and 37 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 38 Section 2. Chapter 26 "Water, Sewer, and Utilities", Article IV "Sewers," Division 4 39 "Industrial and Commercial Waste," Subdivision D. "Use of Public Sewers," Section 26-147.5 40 "Dental Facilities that Remove or Replace Amalgam Fillings,"of the City Code of Ordinances, is 41 hereby created as follows: 42 Sec. 26-147.5 Dental facilities that remove or replace amalgam fillings. 43 (A) Definitions. For the purposes of this section, the following words and phrases shall 44 be as defined herein. 45 f "Amalgam separator" is a device that employs filtration, settlement, 46 centrifugation, or ion exchange to remove amalgam and its metal 47 constituents from a dental office vacuum system before it discharges to the 48 sewer. 49 f2j "Amalgam waste" means and includes non-contact amalgam (amalgam 50 scrap that has not been in contact with the patient); contact amalgam 51 (including, but not limited to, extracted teeth containing amalgam); 52 amalgam sludge captured by chairside traps, vacuum pump filters, screens, 53 and other amalgam trapping devices; used amalgam capsules; and leaking 8-27-24(SRW) Page 2 of 9 CODING: Words in stfike4hFeugh type are deletions from existing law; Words in underlined type are additions. 54 or unusable amalgam capsules. 55 al "ANSI/ADA Standard No. 108" is the American National Standards 56 Institute and American Dentistry Association standard for amalgam 57 separators. 58 HI "Existing Source"is any facility subject to this section whose first discharge 59 to the sewer collection system occurred on or before July 14, 2017. 60 l'. "ISO 11143" is the International Organization for Standardization's 61 standard for amalgam separators. 62 0_1 "New Source"is any facility subject to this section whose first discharge to 63 the sewer system occurs after July 14, 2017. 64 (B) All owners and operators of dental facilities that remove or place amalgam fillings 65 shall comply with the following reporting and waste management practices: 66 in For Existing Sources,the One-Time Compliance Report is due no later than 67 January 15, 2025, or no later than 90 days after the transfer of ownership. 68 al For New Sources, the One-Time Compliance Report is due within 90 days 69 of the start of discharge to the sewer collection system. 70 al No person shall rinse chairside traps,vacuum screens,or amalgam separator 71 equipment in a sink or other connection to the sanitary sewer. 72 0_1 Owners and operators of dental facilities shall ensure that all staff members 73 who handle amalgam waste are trained in the proper handling,management, 74 and disposal of mercury-containing material and fixer-containing solutions 75 and shall maintain training records that shall be available for inspection by 76 the City's Director of Utilities or designee during normal business hours. 8-27-24(SRW) Page 3 of 9 CODING: Words in sa a ough type are deletions from existing law; Words in underlined type are additions. 77 al Amalgam waste shall be stored and managed in accordance with the 78 instructions of the recycler or hauler of such materials. 79 01 Bleach and other chlorine-containing disinfectants shall not be used to 80 disinfect the vacuum line system. 81 The use of bulk mercury is prohibited. Only pre-capsulated dental amalgam 82 is permitted. 83 LC) All owners and operators of dental vacuum suction systems, except as set forth in 84 subsections(D) and (E) of this section, shall comply with the following: 85 In An ISO 11143 or ANSUADA Standard No. 108 certified amalgam 86 separator or equivalent device shall be installed for each dental vacuum 87 suction system on or before July 14,2025,provided,however,that all dental 88 facilities that are newly constructed on and after the effective date of this 89 Ordinance shall include an installed ISO 11143 or ANSUADA Standard No. 90 108 certified amalgam separator device. The installed device must be ISO 91 11143 or ANSUADA Standard No. 108 certified as capable of removing a 92 minimum of 95 percent of amalgam. The amalgam separator system shall 93 be certified at flow rates comparable to the flow rate of the actual vacuum 94 suction system operation. Neither the separator device nor the related 95 plumbing shall include an automatic flow bypass. For facilities that require 96 an amalgam separator that exceeds the practical capacity of ISO 11143 test 97 methodology, a non-certified separator will be accepted, provided that 98 smaller units from the same manufacturer and of the same technology are 99 ISO-certified. 8-27-24(SRW) Page 4 of 9 CODING: Words in spike-through type are deletions from existing law; Words in underlined type are additions. 100 (2) Proof of certification and installation records shall be submitted to the 101 Utilities Director, or designee, within 30 days after installation. 102 Amalgam separators shall be maintained in accordance with manufacturer 103 recommendations. Installation, certification, and maintenance records shall 104 be available for immediate inspection upon request by the Utilities Director, 105 or designee,during normal business hours. Records shall be maintained for 106 a minimum of three years. 107 (D) An owner or operator whose facility has a vacuum suction system that meets 108 conditions (1) through (4) below may apply for an exemption by written letter to 109 the Utilities Director, or designee. The Utilities Director, or designee, will review 110 the system and, if the exemption is approved, shall provide a written letter of 111 exemption. An exemption obtained pursuant to this subsection shall expire upon 112 installation of a new vacuum system. Upon expiration of the exemption,the facility 113 shall comply with this section before commencing further operation. 114 The system is a dry vacuum pump system with an air-water separator. 115 The sedimentation tank is non-bottom draining, with the drain above the 116 anticipated maximum level of accumulated sludge. 117 (3) Evidence of regular pump outs by a licensed hauler (a minimum of once a 118 year, or more often if either directed by the manufacturer or necessary to 119 keep solids from exiting through the drain) is maintained and open to 120 inspection by the City during normal business hours. 121 The system has no direct discharge pipe to the sewer on the bottom of the 122 sedimentation tank. 8-27-24(SRW) Page 5 of 9 CODING: Words in strike-tlreugh type are deletions from existing law; Words in underlined type are additions. 123 LEI Dental dischargers that exclusively practice one or more of the following specialties 124 are not subject to the requirements of this section: (1) Orthodontics; (2) 125 Periodontics;(3)Oral and maxillofacial surgery; (4)Radiology; (5)Oral pathology 126 or oral medicine; or(6) Endodontistry and prosthodontistrv. 127 (F) Dental practices that do not place dental amalgam and do not remove amalgam 128 except in limited emergency or unplanned, unanticipated circumstances, are 129 exempt from the requirements of this part, provided the dental practice: 130 (1) Submits the following statement to the Utilities Director, or designee, 131 signed by a responsible corporate officer, general partner, proprietor, or a 132 duly authorized representative by the applicable compliance deadline 133 identified in section 26-147.5(B): 134 "This facility is a dental discharger subject to this rule and does not place 135 or remove dental amalgam except in limited emergency or unplanned, 136 unanticipated circumstances. I am a responsible corporate officer,a general 137 partner or proprietor(if the facility is a partnership or sole proprietorship), 138 or a duly authorized representative in accordance with the requirements of 139 section 403.12(1), Florida Statutes, of the above-named dental facility, and 140 certify under penalty of law that this document and all attachments were 141 prepared under my direction or supervision in accordance with a system 142 designed to assure that qualified personnel properly gather and evaluate the 143 information submitted. Based on my inquiry of the person or persons who 144 manage the system or those persons directly responsible for gathering the 145 information, the information submitted is,to the best of my knowledge and 8-27-24(SRW) Page 6 of 9 CODING: Words in type are deletions from existing law; Words in underlined type are additions. 146 belief, true, accurate, and complete. I am aware that there are significant 147 penalties for submitting false information, including the possibility of fine 148 and imprisonment for knowing violations 149 fa) Removes dental amalgam for limited emergency or unplanned, 150 unanticipated circumstances,less than 1 times per year and as no more than 151 2%of dental procedures: and 152 M The dental practice notifies the Utilities Director, or designee, of any 153 changes affecting the applicability of this certification. 154 (G) Disposal of hauled wastewater from dental facilities to the sanitary sewer must be 155 accomplished in accordance with this section. 156 (H) Enforcement and Noncompliance. 157 W Noncompliance with the requirements of this section may result in 158 enforcement action by the city, including,but not limited to, termination of 159 water service. 160 al The user shall pay all outstanding fees, penalties, and other utility charges 161 before reinstatement of water and sewer service. 162 j Any user found in violation of the provisions in this section,and any orders, 163 rules, regulations, and permits that are issued pursuant to the chapter, shall 164 be served by the Utilities Director, or designee, with written notice by 165 personal delivery or by registered or certified mail that states the nature of 166 the violation and providing a reasonable time limit for satisfactory 167 correction of the violation. The affected user shall permanently cease all 168 violations within the time period specified in the notice. 8-27-24(SRW) Page 7 of 9 CODING: Words in strilce-t rotes type are deletions from existing law; Words in underlined type are additions. 169 Section 3. Conflicts. That all Ordinances, parts of Ordinances, Resolutions, or 170 parts of Resolutions in conflict herewith,be and the same are repealed to the extent of such conflict. 171 Section 4. Severability. If any clause, section,or other part of this Ordinance shall be 172 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 173 or invalid part shall be considered eliminated and in no way affect the validity of the other 174 provisions of this Ordinance. 175 Section 5. Codification. It is the intention of the City Commission of the City of 176 Boynton Beach, Florida, and it is hereby ordained that the provisions of this Ordinance shall 177 become and be made a part of the Code and Ordinances of the City of Boynton Beach, Florida and 178 that Sections of this Ordinance may be renumbered, re-lettered and the word"Ordinance"may be 179 changed to "Section," "Article," or such other word or phrase in order to accomplish such 180 intention. 181 Section 6. Effective Date. That this Ordinance shall take effect immediately 182 upon passage. 183 (SIGNATURES ON THE FOLLOWING PAGE) 8-27-24(SRW) Page 8 of 9 CODING: Words in stfike4lireugh type are deletions from existing law; Words in underlined type are additions. 184 FIRST READING this ( day of NOVerAber, 2024. 185 SECOND, FINAL READING, AND PASSAGE this this �' day of IUWe►n6024. 186 187 188 CITY OF BOYNTON BEACH, FLORIDA 189 190 YES NO 191 192 Mayor—Ty Penserga 193 194 Vice-Mayor—Aimee Kelley ✓ 195 196 Commissioner—Angela Cruz ✓ 197 198 Commissioner— Woodrow L. Hay 199 200 Commissioner—Thomas Turkin 201 202 VOTE 203 204 ATTEST. 205 206 207 :.. .:..• l �' -- � 202.5/ 208 Maylee De es ., MPA, MC Ty •e • 209 City Clerk Mayo 210 211 ..,--;0•(11-104•6)1‘x PPROVED AS TO FORM: 212 (Corporate Seal) %(j< � 213 �; SEAL' • ;S is 214 v 2TE0 JG4au/ 6 215 : INCORPORA 1920 / f Shawna G. Lamb 216 'I % City Attorney 217 ,�� FLORIN 8-27-24(SRW) Page 9 of 9 CODING: Words in:•`-''-e-tlsaugli type are deletions from existing law; Words in underlined type are additions.