24-024 1 ORDINANCE NO. 24-024
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, FLORIDA, AMENDING THE CODE OF
5 ORDINANCES OF THE CITY OF BOYNTON BEACH CHAPTER
6 26 "WATER, SEWERS, AND UTILITIES", ARTICLE IV
7 "SEWERS," DIVISION 4 "INDUSTRIAL AND COMMERCIAL
8 WASTE," SUBDIVISION A "GENERAL PROVISIONS," SECTION
9 26-115, "ABBREVIATIONS AND DEFINITIONS," TO ADOPT
10 DEFINITIONS FOR HAZARDOUS WASTE
11 PHARMACEUTICALS, HEALTHCARE FACILITY,
12 PHARMACEUTICAL, AND REVERSE DISTRIBUTOR, AND TO
13 CORRECT ORDER; AMENDING CHAPTER 26 "WATER,
14 SEWERS, AND UTILITIES", ARTICLE IV "SEWERS," DIVISION
15 4 "INDUSTRIAL AND COMMERCIAL WASTE," SUBDIVISION D
16 "USE OF PUBLIC SEWERS," SECTION 26-142, "PROHIBITED
17 DISCHARGES TO SEWERS," TO ADD HAZARDOUS WASTE
18 PHARMACEUTICALS TO THE LIST OF SUBSTANCES
19 PROHIBITED FROM BEING INTRODUCED TO THE CITY'S
20 TREATMENT WORKS; PROVIDING FOR CONFLICTS,
21 SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
22
23 WHEREAS, in 2015,the Environmental Protection Agency(EPA)proposed to impose a
24 sewer ban on all hazardous waste pharmaceuticals managed by healthcare facilities and reverse
25 distributors, preventing these facilities from utilizing an existing exclusion; and
26 WHEREAS, the ban was proposed because numerous studies found the flushing of
27 leftover medications become a prevalent practice used in lieu of proper hazardous waste
28 management; and
29 WHEREAS, traditional wastewater treatment operations were designed to remove
30 conventional pollutants,such as suspended solids and biodegradable organic compounds,and not
31 to remove pharmaceuticals that are present in discharges from medical and veterinary facilities;
32 and
33 WHEREAS, on February 22, 2019, the EPA issued 84 FR 5816, adding regulations for
34 the management of hazardous waste pharmaceuticals by healthcare facilities (for both humans
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35 and animals) and requiring reverse distributors to manage their hazardous waste pharmaceuticals
36 under the new set of sector-specific standards; and
37 WHEREAS, the EPA prohibition was codified at Title 40 Code of Federal Regulations
38 (CFR)266.505; and
39 WHEREAS,the State of Florida adopted the EPA regulations in Rule 62-625.400,Florida
40 Administrative Code(F.A.C.); and
41 WHEREAS, in order to comply with 40 CFR 266.505 and F.A.C. Rule 62-625.400, the
42 City of Boynton Beach needs to adopt new requirements prohibiting healthcare facilities and
43 reverse distributors from introducing, or causing to be introduced, any hazardous waste
44 pharmaceuticals into its Treatment Works; and
45 WHEREAS, this Ordinance is enacted pursuant to the home rule powers of the City of
46 Boynton Beach as set forth in Article VIII, Section 2, of the Constitution of the State of Florida,
47 Chapter 166, Florida Statutes, and other applicable controlling laws; and
48 WHEREAS, the City Commission deems approval of this Ordinance to be in the best
49 interest of the health,safety,and welfare of the residents and citizens of the City of Boynton Beach
50 and the public at large.
51 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE
52 CITY OF BOYNTON BEACH, FLORIDA,AS FOLLOWS:
53 Section 1. The recitations set forth above are incorporated herein.
54 Section 2. Chapter 26, "Water, Sewers and Utilities," Article IV, "Sewers,"Division
55 4 "Industrial and Commercial Waste," Subdivision A "General Provisions," Section 26-115,
56 "Abbreviations and Definitions," of the Code of Ordinances of the City of Boynton Beach,
57 Florida, is hereby amended as follows:
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58 Sec. 26-1 15— Abbreviations and Definitions.
59 The following abbreviations, when used in this chapter, shall have the designated meanings:
60
61 For the purpose of this chapter, all definitions shall be applied and interpreted in accordance with
62 Rule 62-625, F.A.C., as amended.
63
64 Grantee. Recipient of a federal grant for all or a portion of a treatment works as administered by
65 the Environmental Protection Agency.
66 Hazardous waste pharmaceutical. A pharmaceutical that is a solid waste, as defined in Title 40
67 of the Code of Federal Regulations (40 CFR) Section 261.2, as may be amended from time to
68 time, which exhibits one or more characteristics identified in 40 CFR Part 261 subpart C or is
69 listed in 40 CFR Part 261 subpart D.
70 Healthcare facility. Any person that is lawfully authorized to:
71 f Provide preventative, diagnostic, therapeutic, rehabilitative, maintenance or
72 palliative care, and counseling, service, assessment or procedure with respect to
73 thephysical or mental condition,or functional status,of a human or animal or that
74 affects the structure or function of the human or animal body: or
75 L2j Distribute, sell, or dispense pharmaceuticals. This definition includes, but is not
76 limited to, wholesale distributors, third-party logistics providers that serve as
77 forward distributors, military medical logistics facilities, hospitals, psychiatric
78 hospitals, ambulatory surgical centers, health clinics,physicians' offices, optical
79 and dental providers, chiropractors, long-term care facilities, ambulance services,
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80 pharmacies, long-term care pharmacies, mail-order pharmacies, retailers of
81 pharmaceuticals, veterinary clinics, and veterinary hospitals.
82 Healthcare facility does not include pharmaceutical manufacturers.
83
84 _ •. . .•• _ _ •. . . _ _ • •
85 pH. Logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution; a
86 measure of the acidity or alkalinity of a solution, expressed in standard units.
87 Pharmaceutical. Any drug or dietary supplement for use by humans or other animals; any
88 electronic nicotine delivery system(e.g.,electronic cigarette or vaping pen);or any liquid nicotine
89 (e-liquid) packaged for retail sale for use in electronic nicotine delivery systems (e.g., pre-filled
90 cartridges or vials). This definition includes,but is not limited to, dietary supplements, as defined
91 by the Federal Food, Drug and Cosmetic Act; prescription drugs, as defined by Title 21 of the
92 Code of Federal Regulations Part 203.3(y); over-the-counter drugs; homeopathic drugs;
93 compounded drugs; investigational new drugs; pharmaceuticals remaining in non-empty
94 containers; personal protective equipment contaminated with pharmaceuticals; and clean-up
95 material from spills of pharmaceuticals. Pharmaceutical does not include dental amalgam or
96 sharps.
97 Point source. The initial point of discharge into a sewer system.
98
99 Responsible Corporate Officer.
100 (1) A president, secretary, treasurer, or vice-president of the corporation in charge of a
101 ale principal business function, or any other person who performs similar policy- or
102 decision-making functions for the corporation; or
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103 (2) The manager of one or more manufacturing, production, or operating facilities,
104 provided the manager:
105 a. Is authorized to make management decisions whieli-that govern the operation of the
106 regulated facility including having the explicit or implicit duty of making major capital investment
107 recommendations;
108 b. Is authorized to initiate and direct other comprehensive measures to assure long-term
109 environmental compliance with environmental laws and regulations;
110 c.Can ensure that the necessary systems are established or actions taken to gather complete
111 and accurate information for control mechanism requirements;
112 d. Has been assigned or delegated the authority to sign documents in accordance with
113 corporate procedures.
114 Reverse distributor. Any person that receives and accumulates prescription pharmaceuticals that
115 are potentially creditable hazardous waste pharmaceuticals for the purpose of facilitating or
116 verifying manufacturer credit. Any person, including forward distributors, third party logistics
117 providers, and pharmaceutical manufacturers, that processes prescription pharmaceuticals for the
118 facilitation or verification of manufacturer credit is considered a reverse distributor.
119
120 Section 3. Chapter 26, "Water, Sewers and Utilities," Article IV, "Sewers,"Division
121 4 "Industrial and Commercial Waste," Subdivision D "Use of Public Sewers," Section 26-142,
122 "Prohibited Discharges to Sewers," of the Code of Ordinances of the City of Boynton Beach,
123 Florida, is hereby amended as follows:
124 Sec. 26-142— Prohibited Discharges to Sewers.
125 No person shall discharge or cause to be discharged any pollutant which causes pass through,
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126 interference, or the below described materials, waters, or wastes (collectively, the substances) if
127 it appears likely that acceptance of those wastes can harm the wastewater treatment process or
128 equipment, the public sewers, the sanitary sewer systems, or have an adverse effect on the
129 receiving water body, or can otherwise endanger life, limb, public property, or constitute a
130 nuisance. The decision shall be based on those factors as the quantities subject wastes in relation
131 to flows and velocities in the sewers, materials of construction of the sewers, nature of the
132 wastewater treatment process,capacity of the wastewater treatment plant,degree of treatability of
133 waste in the wastewater treatment plant, and other pertinent factors. The substances restricted are:
134
135 (ab) Any hazardous waste pharmaceuticals from healthcare facilities and reverse distributors.
136
137 Section 4. Conflicts. That all Ordinances, parts of Ordinances, Resolutions, or
138 parts of Resolutions in conflict herewith,be and the same are repealed to the extent of such conflict.
139 Section 5. Severability. If any clause, section, or other part of this Ordinance shall be
140 held by any court of competent jurisdiction to be unconstitutional or invalid,such unconstitutional
141 or invalid part shall be considered eliminated and in no way affect the validity of the other
142 provisions of this Ordinance.
143 Section 6. Codification. It is the intention of the City Commission of the City of
144 Boynton Beach, Florida, and it is hereby ordained that the provisions of this Ordinance shall
145 become and be made a part of the Code and Ordinances of the City of Boynton Beach, Florida,
146 and that Sections of this Ordinance may be renumbered,re-lettered and the word"Ordinance"may
147 be changed to "Section," "Article," or such other word or phrase in order to accomplish such
148 intention.
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149 Section 7. Effective Date. That this Ordinance shall take effect immediately
150 upon passage.
151
152 FIRST READING this ci-441day of kjOjelyil9er, 2024.
153 SECOND, FINAL READING, AND PASSAGE this this /g ay of K.)0V nb,P.r , 2024.
154
155
156 CITY OF BOYNTON BEACH, FLORIDA
157
158 YES NO
159
160 Mayor—Ty Penserga
161
162 Vice-Mayor—Aimee Kelley
163
164 Commissioner—Angela Cruz
165
166 Commissioner—Woodrow L. Hay
167
168 Commissioner—Thomas Turkin
169
170 VOTE
171
172 ATT ST:
173
174
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176 Maylee e -sus, MPA, C T ' -,.a
177 City Cl- k May•
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178 00..•..... B 2,
179 � �•• �Pow+rF•.•1 ��� APPROVED AS TO FORM:
180 (Corporate Seal) /1.71 cEA�
181 ' °(70.0RP V1
182 •
.11 92-U ) eiethxt
' •'•• ••' Shawna G. Lamb
183 �� ........
184 ‘`.� FLORVI - City Attorney
185
186
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