20-2194 Amending and Adopting Regulations of Waste Discharge to Public Wastewater SystemORDINANCE NO. 20-2194
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING THE CITY
CODE; ADOPTING REGULATIONS GOVERNING AND PROHIBITING CERTAIN
TYPES OF WASTE DISCHARGES TO THE PUBLIC WASTEWATER SYSTEM FROM
DENTAL FACILITIES, HEALTHCARE FACILITIES, AND REVERSE DISTRIBUTORS;
ADOPTING REQUIREMENTS FOR DENTAL FACILITIES, INCLUDING BUT NOT
LIMITED TO REGULATIONS RELATED TO DISPOSAL OF AMALGAM FILLINGS AND
USE OF VACUUM SUCTION SYSTEMS; PROVIDING FOR DEFINITIONS,
EXCEPTIONS, AND OTHER REGULATIONS RELATED TO WASTE DISCHARGES
FROM DENTAL FACILITIES AND HEALTHCARE FACILITIES; PROVIDING FOR
CODIFICATION, SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Longwood, Florida, finds that it is in the best interest
of the public health, safety, and welfare, that the following regulations be adopted to protect the public
water supply from introduction of certain hazardous waste from healthcare facilities, dental facilities, and
reverse distributors.
IT IS HEREBY ORDAINED BY THE CITY OF LONGWOOD AS FOLLOWS:
SECTION 1. Recitals. The foregoing recitals are hereby ratified and confirmed as being true and
correct and are hereby made a part of this Ordinance.
SECTION 2. Amendment of City Code. Chapter 90, Article II of the Longwood City Code is hereby
amended to add new Sections 90-57 and 90-58, as follows:
Sec. 90-57. — Prohibited Discharge Standards.
(a) Definitions For the purposes of this section the following words and phrases shall be as
defined herein.
(1) "Hazardous waste pharmaceutical" is a pharmaceutical that is a solid waste, as defined in
Title 40 of the Code of Federal Regulations (40 CFR) section 261.2, and exhibits one or more
characteristics identified in 40 CFR part 261 subpart C or is listed in 40 CFR part 261 subpart
D.
(2) "Healthcare facility" means any person that is lawfully authorized to:
(i) Provide preventative diagnostic therapeutic rehabilitative maintenance or palliative
care and counseling service assessment or procedure with respect to the physical or
mental condition or functional status, of a human or animal or that affects the structure
or function of the human or animal body: or
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(ii) Distribute sell or dispense pharmaceuticals. This definition includes, but is not limited
to wholesale distributors third -party logistics providers that serve as forward
distributors military medical logistics facilities, hospitals, psychiatric hospitals,
ambulatory surgical centers health clinics, physicians' offices, optical and dental
providers chiropractors long-term care facilities, ambulance services, pharmacies, long-
term care pharmacies mail-order pharmacies, retailers of pharmaceuticals, veterinary
clinics, and veterinary hospitals.
Healthcare facility does not include pharmaceutical manufacturers.
(3) "Pharmaceutical" means any drug or dietary supplement for use by humans or other
animals; any electronic nicotine delivery system (e.g., electronic cigarette or vaping pen); or
any liquid nicotine (e-liquid) packaged for retail sale for use in electronic nicotine delivery
systems (e.g., pre -filled cartridges or vials). This definition includes, but is not limited to,
dietary supplements, as defined by the Federal Food, Drug and Cosmetic Act; prescription
drugs, as defined by Title 21 of the Code of Federal Regulations part 203.3(y); over-the-
counter drugs; homeopathic drugs; compounded drugs; investigational new drugs;
pharmaceuticals remaining in non -empty containers; personal protective equipment
contaminated with pharmaceuticals; and clean-up material from spills of pharmaceuticals.
Pharmaceutical does not include dental amalgam or sharps.
(4) "Reverse distributor" means any person that receives and accumulates prescription
pharmaceuticals that are potentially creditable hazardous waste pharmaceuticals for the
purpose of facilitating or verifying manufacturer credit. Any person, including forward
distributors, third -party logistics providers, and pharmaceutical manufacturers, that
processes prescription pharmaceuticals for the facilitation or verification of manufacturer
credit is considered a reverse distributor.
(b) Specific Prohibitions. No user shall introduce or cause to be introduced into the public
sewage or wastewater system the following pollutants, substances, or wastewater:
(1) Any hazardous waste pharmaceuticals from healthcare facilities and reverse distributors.
Sec. 90-58. — Requirements for dental facilities that remove or place amalgam fillings.
(a) Definitions. For the purposes of this section the following words and phrases shall be as
defined herein.
(1) "Amalgam separator" is a device that employs filtration, settlement, centrifugation, or
ion exchange to remove amalgam and its metal constituents from a dental office vacuum
system before it discharges to the sewer.
(2) "Amalgam waste" means and includes non -contact amalgam (amalgam scrap that has not
been in contact with the patient); contact amalgam (including, but not limited to, extracted
teeth containing amalgam); amalgam sludge captured by chairside traps, vacuum pump
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filters screens and other amalgam trapping devices; used amalgam capsules; and leaking or
unusable amalgam capsules.
(3) "ANSI/ADA Standard No. 108" is the American National Standards Institute and American
Dentistry association standard for amalgam separators.
(4) "Existing Source" is any facility subject to this Section whose first discharge to the sewer
collection system occurred on or before July 14, 2017.
(5) "ISO 11143" is the International Organization for Standardization's standard for amalgam
separators.
(6) "New Source" is any facility subject to this Section whose first discharge to the sewer
system occurs after July 14 2017 and must comply immediately upon commencement of
discharge.
(b) All owners and operators of dental facilities that remove or place amalgam fillings shall
comply with the following reporting and waste management practices:
L11 For existing sources the One -Time Compliance Report is due no later than October 12,
2020 or no later than 90 days after transfer of ownership.
u For new sources the One -Time Compliance Report is due within 90 days of the start of
discharge to the sewer collection system.
u No person shall rinse chairside traps vacuum screens or amalgam separators equipment
in a sink or other connection to the sanitary sewer.
1!11 Owners and operators of dental facilities shall ensure that all staff members who handle
amalgam waste are trained in the proper handling management and disposal of mercury -
containing material and fixer -containing solutions and shall maintain training records that
shall be available for inspection by the superintendent or designee during normal business
hours.
(5) Amalgam waste shall be stored and managed in accordance with the instructions of the
recycler or hauler of such materials.
u Bleach and other chlorine -containing disinfectants shall not be used to disinfect the
vacuum line system.
IL The use of bulk mercury is prohibited Only pre -capsulated dental amalgam is permitted.
(c) All owners and operators of dental vacuum suction systems, except as set forth in
subsections (d) and (e) of this section, shall comply with the following:
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(1) An ISO 11143 or ANSI/ADA Standard No. 108 certified amalgam separator or equivalent
device shall be installed for each dental vacuum suction system on or before July 14, 2020;
provided, however, that all dental facilities that are newly constructed on and after the
effective date of this ordinance shall include an installed ISO 11143 or ANSI/ADA Standard No.
108 certified amalgam separator device. The installed device must be ISO 11143 or ANSI/ADA
Standard No. 108 certified as capable of removing a minimum of 95 percent of amalgam. The
amalgam separator system shall be certified at flow rates comparable to the flow rate of the
actual vacuum suction system operation. Neither the separator device nor the related
plumbing shall include an automatic flow bypass. For facilities that require an amalgam
separator that exceeds the practical capacity of ISO 11143 test methodology, a non -certified
separator will be accepted, provided that smaller units from the same manufacturer and of
the same technology are ISO -certified.
(2) Proof of certification and installation records shall be submitted to the City Manager or
designee within 30 days of installation.
u Amalgam separators shall be maintained in accordance with manufacturer
recommendations. Installation, certification, and maintenance records shall be available for
immediate inspection upon request therefor by the City Manager or designee during normal
business hours. Records shall be maintained for a minimum of three years.
(d) Facilities with vacuum suction systems that meet all the following conditions may apply
to the City Manager for an exemption to the requirements of subsection (c) of this section:
(1) The system is a dry vacuum pump system with an air -water separator.
(2) The sedimentation tank is non -bottom draining, with the drain above the anticipated
maximum level of accumulated sludge.
(3) Evidence of regular pump outs by a licensed hauler (a minimum of once a year, or more
often if either directed by the manufacturer or necessary to keep solids from exiting through
the drain) is maintained and open to inspection by the City Manager or designee during
normal business hours.
(4) The system has no direct discharge pipe to the sewer on the bottom of the sedimentation
tank.
An owner or operator whose facility meets conditions (1) through (4) may apply for this
exemption by written letter to the City Manager or designee. The City Manager or designee will
review the system and, if the exemption is approved, shall provide a written letter of exemption.
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An exemption obtained pursuant to this subsection (d) shall expire upon installation of a new
vacuum system. Upon expiration of the exemption, the facility shall comply with subsection (c) of
this section before commencing further operation.
(e) Dental dischargers that exclusively practice one or more of the following specialties are
not subject to the requirements of this section: (1) Orthodontics; (2) Periodontics; (3) Oral and
maxillofacial surgery; (4) Radiology; (5) Oral pathology or oral medicine; (6) Endodontistry and
prosthodontistry.
(f) Dental practices that do not place dental amalgam, and do not remove amalgam except in
limited emergency or unplanned, unanticipated circumstances, are exempt from the
requirements of this part, provided the dental practice:
(1) Submits the following statement to the City, signed by a responsible corporate officer,
general partner, proprietor, or a duly authorized representative by the applicable compliance
deadline as established by the City Manager or designee:
"This facility is a dental discharger subiect to this rule and does not place or remove dental
amalgam except in limited emergency or unplanned, unanticipated circumstances. I am a
responsible corporate officer, a general partner or proprietor (if the facility is a partnership
or sole proprietorship) or a duly authorized representative in accordance with the
requirements of § 403.12(0 of the above named dental facility, and 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 or persons 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."
(2) Removes dental amalgam for limited emergency or unplanned, unanticipated
circumstances; and
(3) The dental practice notifies the City of any changes affecting the applicability of this
certification.
(g) Disposal of hauled waste from dental facilities to the sanitary sewer is prohibited.
SECTION 3. Codification. Section 2 of this Ordinance shall be incorporated into the Longwood
City Code. Any section, paragraph number, letter and/or any heading of this Ordinance may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, formatting,
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illustration labeling and numbering, and similar or like errors may be corrected, and additions,
alterations, and omissions not affecting the construction or meaning of this ordinance or the Longwood
City Code may be freely made.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
SECTION S. Conflicts. In the event of a conflict or conflicts between this Ordinance and any other
ordinance or provision of law, this Ordinance controls to the extent of the conflict, as allowable under the
law.
SECTION 6. Effective date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Longwood, Florida.
FIRST READING: September 10, 2020
SECOND READING: September 21, 2020
ADOPTED this 21 day of September 2020, by the City Commission of the City of Longwood,
Florida.
CITY COMMISSION
CITY OF LONGW00
Richard Drummond, Mayor
ATTEST:
`G
y
Michelle Long MC,-C City Clerk
Approved as to form and legality for the use and reliance of the City of Longwood, Florida, only:
Daniel W. La6, Ci At rney
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