§ 27-193. Prohibitions.

(a)

General: It shall be unlawful for any person to discharge any substance in such quantities as may cause the receiving waters to be of quality less stringent than the water quality standards set forth in Section 27-195, or less stringent than allowed by the effluent standards as established in Sections 27-196, or to cause pollution of water or a nuisance as defined in Section 27-4. This does not apply to discharges composed exclusively of stormwater runoff to retention and/or detention systems designed to treat stormwater on site that is in compliance with all applicable permits and licenses.

(b)

Specific: The following acts and the causing thereof are prohibited.

(1)

Disposition of substances: It shall be unlawful for any person to permit, suffer, or allow the introduction of any of the following substances into the waters of the county:

a.

Settleable substances: Substances attributable to discharges, that will settle to form putrescent or otherwise objectionable sludge deposits, settle in such quantities as to obstruct a drainage conveyance, navigation, and/or storage systems, or reduce the capacity of systems to the extent that the system is out of compliance with the intended design.

b.

Floating substances: Floating debris, oil, scum, and other floating materials attributable to discharges in amounts sufficient to be a nuisance.

c.

Deleterious substances: Materials attributable to discharges producing color, odor, or other conditions in such degree as to create a nuisance.

d.

Domestic, non-domestic, or other human-induced nonthermal wastewaters: Discharges which alone, or in combination with other substances, or in combination with other discharges (whether thermal or nonthermal):

1.

Are acutely or chronically toxic, or

2.

Contain concentrations of substances which are carcinogenic, mutagenic, or teratogenic to human beings, or to native terrestrial and/or aquatic wildlife species, or

3.

Pose a danger to the public health, safety, or welfare.

e.

Thermal components: Thermal discharges which alone, or in combination with other discharges or components of discharge (whether thermal or nonthermal), produce conditions so as to create a nuisance.

f.

Hazardous materials: Hazardous materials as defined in Article XII, that violate the water quality standards presented in Article V or pose a threat to the environment or to public health, safety, or welfare.

(2)

Domestic wastewater:

a.

Bypassing unlawful: Where a waste treatment facility has been provided, it shall be unlawful to bypass the facility or any part thereof, or to operate the facility in such a manner as to discharge untreated or inadequately treated waste. In the event of an emergency, EPGMD may authorize a temporary bypass. Such authorization shall not relieve the owner from liability under this Article.

b.

Construction deviation from plans: The failure to construct wastewater facilities substantially in accordance with EPGMD approved plans and specifications unless project alterations receive written approval of EPGMD.

c.

Discharges to collection/transmission systems: The acceptance by the operating authority of a collection/transmission system, or by the licensee of a wastewater treatment plant of connections of wastewater discharges which have not received necessary pre-treatment or which contain materials or pollutants (other than normal domestic wastewater constituents):

1.

Which may cause fire or explosion hazards, or

2.

Which may cause excessive corrosion or other deterioration of wastewater facilities due to chemical action or pH levels; or

3.

Which are solid or viscous and obstruct flow or otherwise interfere with wastewater facility operations or treatment; or

4.

Which result in treatment plant discharge temperatures above 40 degrees Centigrade.

d.

Improper maintenance: The failure to maintain the equipment in a condition which will enable the intended function.

e.

Individual sanitary sewage treatment and disposal systems: It shall be unlawful for any single family residence or establishment to permit, suffer, or allow the use of any septic tank/drain field system or any other individual sanitary sewage disposal system or release pollutants to such systems that poses a threat to the environment.

f.

Deep injection wells and cones of depression of public water supply wells: Deep injection wells constructed or permitted after enactment of this Ordinance shall not be located in the land area described as Zone 1 or Zone 2 in Section 27-376, Wellhead protection, or within five hundred (500) feet of a public water supply well, whichever is greater. Public water supply wells planned, constructed, or permitted after adoption of this Article shall not be located within five hundred (500) feet of a deep injection well and where the land area described as Zone 1 or Zone 2, Section 27-376, Wellhead protection, would include a deep injection well.

(3)

Non-domestic wastewater:

a.

New discharges prohibited: After March 12, 1984, no new non-domestic (except stormwater runoff) discharge to surface waters or to ground waters is permitted, suffered, or allowed except as provided for under a county license valid on the aforementioned date and renewed per section 27-60 since March 12, 1984, or as may be allowed for non-domestic stormwater discharges. Non-domestic wastewater discharges existing on March 12, 1984, and in use since that time shall not be increased in quantity or decreased in quality, unless approved by EPGMD upon demonstration that the activity does not pose a significant threat to the public health or environment.

b.

Individual sanitary sewage treatment and disposal systems: Any non-domestic facility that discharges its domestic wastewater to a disposal well, percolation pond, or drainfield shall discontinue the discharge and connect to the sanitary sewer system within one hundred eighty (180) days after the sanitary sewer system becomes available to the facility. A sanitary sewer is available if it is in a public easement that abuts or is within one hundred (100) feet of the property occupied by the non-domestic facility, if the sewage system's hydraulic capacity will not be exceeded by accepting the flow, and if the sanitary sewer is within the same service area as the non-domestic facility. If the non-domestic facility is located outside of a service area but within one hundred (100) feet of a sanitary sewer, force main, or lift station of an adjoining service area of a utility, then the non-domestic facility must seek approval to connect to the sanitary sewer in the adjoining service area. If industrial pre-treatment is required by the owner of the sewer system or treatment facility, it shall be provided by the owner of the non-domestic facility.

(4)

Surface water management:

a.

Use of storm sewers and sanitary sewers: No domestic wastewater, non-domestic wastewater, or other wastewater shall be discharged into nor shall facilities conveying such wastewater be connected to any sewer designated to carry stormwater, unless the discharger is in compliance with a current NPDES permit and county license. No stormwater shall be discharged into nor shall a stormwater facility be connected to a sanitary sewer.

b.

Construction without a license: Where a surface water management license is required, no water management works within Broward County shall be excavated, created, constructed, altered, or abandoned unless a surface water management license has been obtained.

(5)

Extreme well stimulation: No person shall cause, suffer, permit, or allow the use of any form of extreme well stimulation, including, but not limited to, hydraulic fracturing, acid fracturing, and cyclic steam injection for oil, gas, or similar resource extraction. The use of such well stimulation methods is expressly declared to be a nuisance and to cause pollution within the meaning of those terms as defined in Section 27-4, and to be an unlicensed discharge pursuant to Section 27-197.

(Ord. No. 96-19, § 2, 6-11-96; 1997-42, § 1, 10-14-97; Ord. No. 1999-55, § 1, 10-12-99; Ord. No. 2005-11, § 9, 5-24-05; Ord. No. 2009-56, § 1, 8-25-09; Ord. No. 2016-03 , § 1, 1-26-16)