A public hearing is to be held on the above subject ordinance and the caption read for the second and final time at tonight's Council meeting.

The Environmental Protection Agency’s (EPA) Effluent Limitations Guidelines and Standards for the Dental Category [Title 40 Code of Federal Regulations (CFR) Part 441], also known as the dental amalgam rule, became effective on June 14, 2017. This regulation was adopted by the State of Florida and is included in Rule 62-625.110(3), Florida Administrative Code (FAC). As a result, public utilities with an approved pretreatment program are responsible for regulating dental dischargers within their service areas that are subject to 40 CFR Part 441.

As the approved Control Authority for the City of Palm Bay’s pretreatment program, the Utilities Department is required to ensure that the dental dischargers located within the utilities service area meet all of the requirements of 40 CFR Part 441, including ensuring that the one time compliance report fulfills the content, signature, and certification requirements of 40 CFR Part 441.50.

All dental offices, schools, clinics and government-operated facilities, whether they place or remove amalgam, must submit a One-Time Compliance Report to Palm Bay Utilities Department.  The One-Time Compliance Report must include information related to the dental facility and its operations as well as a certification that the dental discharger meets the requirements of the applicable performance standard.

For dental offices that do not place or remove dental amalgam, the One-Time Compliance Report must include information related to the facility and a certification statement that the dental discharger does not place dental amalgam and does not remove amalgam except in limited circumstances.

The revision of the City’s sewer use ordinance is necessary to implement the dental amalgam rule and the pharmaceutical hazardous waste sewer ban (40 CFR 266.505). In accordance with Rule 62-625.500(2)(a), FAC, the Utilities Department shall operate under legal authority enforceable in Federal, state, or local courts which authorizes or enables the Utilities Department to apply and to enforce the requirements of Chapter 62-625, FAC to ensure the Utilities Department has adequate legal authority to implement and monitor the above referenced regulations.