§ 27-302. Definitions and abbreviations.

(a)

Definitions. For the purposes of this division, the following phrases and words shall have the meaning assigned below except in those instances where the content clearly indicates a different meaning:

Act or the Act, otherwise known as the Clean Water Act or the Federal Water Pollution Control Act, means that act enacted by Public Law 92-500, October 18, 1972, 33 USC 1251, et seq.; as amended by PL 95-217, December 28, 1977; PL 97-117, December 29, 1981; PL 97-440, January 8, 1983; and PL 100-04, February 4, 1987, and as may be amended from time to time.

Approval authority means the State department of environmental protection or its successor agencies.

Authorized representative or duly authorized representative means an authorized representative of an industrial user or liquid waste hauler as follows:

(1)

A president, secretary, treasurer or vice president of a corporation in charge of a principal business function or any person authorized to perform similar policy or decision making functions for the corporation.

(2)

A manager of one or more manufacturing, production or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, to initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; and to ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(3)

A general partner or proprietor if the industrial user is a partnership or sole proprietorship respectively.

(4)

A highest official appointed or director appointed or designated to oversee the performance and operation of the discharging government facility, if the industrial user is a federal, state or local governmental entity.

(5)

A duly authorized representative of a person indicated in paragraphs (1)—(4) above provided such authorization has been made in writing on a prescribed authorization form submitted to the POD and the authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates or having overall responsibility for environmental matters for the discharge facility.

Best management practices (BMPs) means schedules of activities, prohibitions of practices, maintenance procedures and other management practices to implement the prohibitions listed in subsections 27-307(a) and (d). BMPs include, but are not limited to, treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

Biochemical oxygen demand (BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Celsius, expressed in terms of milligrams per liter (mg/l).

Bypass means the intentional diversion of wastestreams from any portion of a user's treatment facility.

Carbonaceous biochemical oxygen demand (CBOD) means the quantity of oxygen utilized in the carbonaceous biochemical oxidation of organic matter present in water or wastewater in five days at 20 degrees Celsius, expressed in terms of milligrams per liter (mg/l), using standard laboratory approved procedures.

Categorical industrial user (CIU) means an industrial user subject to categorical pretreatment standards under Rule 62-625.410, F.A.C., including 40 CFR Chapter 1, Subchapter N, Parts 405 through 471.

Chemical oxygen demand (COD) means a measure of the oxygen required to oxidize organic matter and oxidizable inorganic compounds in water.

Combined wastestream formula (CWF) means a procedure for calculating alternative discharge limits at industrial facilities where a regulated wastestream from a categorical industrial user is combined with other wastestreams prior to treatment or discharge as provided for in 40 CFR 403.6(e) and F.A.C. 62-625.410(6).

Control authority means the City.

Conventional pollutant means as defined in 40 CFR 401.16; these include BOD, TSS, fecal coliform bacteria, oil and grease and pH for which the POTW is designed to treat and, in fact, does remove to a substantial degree.

Cooling water means:

(1)

Uncontaminated. Water used for cooling purposes only which has no direct contact with any raw material, intermediate, or final product and which does not contain a level of contaminants detectably higher than that of the City's potable water except for heat.

(2)

Contaminated. Water used for cooling purposes which may become contaminated either through the use of water treatment chemicals used as corrosion inhibitors or biocides, or by direct contact with process materials and/or wastewater.

Daily maximum means the arithmetic average of all effluent samples for a pollutant collected during a calendar day.

Dilute wastestream, for purposes of the combined wastestream formula, means the average daily flow (at least 30-day average) from:

(1)

Boiler blowdown streams, noncontact cooling streams, and demineralized backwash streams, provided, however, that where such streams contain a significant amount of a pollutant, and the combination of such streams, prior to treatment, with the industrial users regulated process wastestream will result in a substantial reduction of that pollutant, the POD, upon application of the industrial user may exercise discretion to determine whether such stream should be classified as diluted or unregulated. In its application, the industrial user must provide engineering, production, sampling and analysis, and such other information as required;

(2)

Sanitary wastestreams where such streams are not regulated by a categorical pretreatment standard; or

(3)

Any wastestreams in which:

a.

The pollutants of concern are not detectable in the effluent from the industrial user.

b.

The pollutants of concern are present only in trace amounts and are neither causing nor likely to cause toxic effects.

c.

The pollutants of concern are present in amounts too small to be effectively reduced by current technologies.

d.

The wastestream contains only pollutants which are compatible with the POTW.

Domestic sewage means human excrement and grey water (household showers, dishwashing operations, etc.).

Environmental Protection Agency or EPA means the U.S. Environmental Protection Agency, or where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of such agency.

Existing source means any source of discharge that is not a new source.

Hazardous waste means any material having the characteristics identified under or listed pursuant to section 3001 of RCRA and listed in 40 CFR 261.

Holding tank waste means any waste from holding tanks, e.g., chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.

Indirect discharge or discharge means the introduction of pollutants into the POTW from any nondomestic source regulated under section 307(b), (c) or (d) of the Act.

Industrial user means any nondomestic user of the POTW identified in the North American Industry Classification System, 1997, Office of Management and Budget, as may be amended or supplemented from time to time.

Industrial wastewater discharge permit ( IWDP) means a permit issued by the City which authorizes the discharge of industrial wastewater into the POTW by a significant industrial user.

Instantaneous maximum limit means the maximum allowable concentration of a pollutant determined from the analysis of any grab or composite sample collected regardless of the industrial flow rate or the duration of the sampling event.

Interference means a discharge which, alone or in conjunction with discharges from other sources:

(1)

Inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; or

(2)

Causes a violation of any requirement of any permit held by the POTW, including an increase in the magnitude or duration of a violation, or prevents sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder or more stringent State or local regulations: section 405 of the Act, (33 USC 1345), the Solid Waste Disposal Act (SWDA), RCRA, and State regulations contained in any State sludge management plan prepared pursuant to title D of the SWDA) the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act or any other applicable federal or State legislation or regulation.

Lower explosive limit (LEL) means the minimum concentration of combustible gas or vapor in air that will ignite.

Local limit means a specific discharge limit developed and enforced by the City upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b) and subsection 27-307(a).

Mass emission rate means the weight of material discharged to the POTW during a given time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of the particular constituents or combination of constituents.

Maximum allowable concentration means the maximum permitted amount of a specified pollutant in a volume of water or wastewater.

National categorical pretreatment standard or categorical pretreatment standard or categorical standard means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Act which applies to existing or new industrial users in specific industrial subcategories as listed in 40 CFR 403 appendix C and contained in separate regulations established by the EPA under the appropriate subpart of 40 CFR ch. 1, subch. N, pts. 401 through 471 and adopted by reference in F.A.C. ch. 62-625.200.

National pollution discharge elimination system or NPDES permit means a permit issued to a POTW pursuant to section 402 of the Act (33 USC 1342).

New source means:

(1)

Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

a.

The building, structure, facility or installation is constructed at a site at which no other source is located;

b.

The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

c.

The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.

Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection (1)b or c of this definition but otherwise alters, replaces, or adds to existing process or production equipment; or

(2)

Construction of a new source has commenced if the owner or operator has:

a.

Begun, or caused to begin, as part of a continuous onsite construction program:

1.

Any placement, assembly, or installation of facilities or equipment; or

2.

Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

b.

Entered into a binding contractual obligation for the purchase of facilities or equipment which is intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss and contracts for feasibility engineering, and design studies do not constitute a contractual obligation under this subsection.

Non-significant categorical industrial user (NSCIU) means an industrial user that discharges 100 gallons per day (gpd) or less of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and:

(1)

Has consistently complied with all applicable categorical pretreatment standards and requirements;

(2)

Annually submits the certification statement required in 62-625.600(17), F.A.C., together with any additional information necessary to support the certification statement; and

(3)

Never discharges any untreated categorical process wastewater.

North American Industry Classification System means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1987, as amended or supplemented.

Notify means written notice which is delivered by certified United States mail, return receipt requested.

Pass through means a discharge that exits the POTW to receiving waters of the United States or to the reclaimed water system, sludge or deep well injection system in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources is a cause of a violation of any requirement of any permit held by the POTW, including an increase in the magnitude or duration of a violation.

pH means a quantitative expression for acidity or alkalinity of an aqueous solution. Theoretically pH = log(base 10)cH, where cH is the concentration of hydrogen ions in grams per liter. Scale ranges from 0 to 14, pH 7, being neutral; less than 7, acid; more than 7, alkaline.

Pollutant means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, or agricultural waste or substance discharged into water.

Pollution means the manmade or man-induced alteration of the chemical, physical, biological or radiological integrity of water.

Premises means a parcel of real estate or portion thereof including any improvements thereon which is determined by the POD to be a single user for purposes of receiving, using and paying for sewer services.

Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state or concentration prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 CFR 403.6(d) and F.A.C. 62-625.410(5). Appropriate pretreatment technology includes, but is not limited to, control equipment, such as equalization tanks or facilities for protection against surges or slug discharges that might interfere with or otherwise be incompatible with the POTW. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with F.A.C. 62-625.410(6).

Pretreatment requirement means any substantive or procedural requirement related to pretreatment.

Pretreatment standard means any regulation containing pollutant discharge limits to a POTW promulgated by the EPA, State or City. This includes, but is not limited to, categorical standards and the general and specific prohibitive discharge limits established pursuant to 40 CFR 403.5, F.A.C. 62-625.400, and the City's local limits. Where EPA, the State and the City have established a pretreatment standard for a specific pollutant, the most stringent standard shall apply.

Process wastewater means any water which, during manufacturing or processing, comes into direct contact with or results from the production of or use of any raw material, intermediate product, finished product, byproduct, or waste product.

Prohibited discharge standards or prohibited discharges means absolute prohibitions against the discharge of certain substances generally indentified in section 27-307(a).

Publicly-owned treatment works (POTW) means a treatment works as defined by section 212 of the Act which is owned by the City. The term "publicly-owned treatment works" includes any devices and systems used to pump, store, treat, recycle, and reclaim municipal sewage or industrial wastes of a liquid nature. The term "publicly-owned treatment works" also includes public sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this chapter, the term "POTW" also includes any sewers that convey wastewaters to the POTW from persons outside the City who are users of the POTW by contract or agreement with the City.

Reclaimed water means water that has received at least secondary treatment and is reused after flowing out of a wastewater treatment plant.

Regulated wastestream means an industrial process wastestream regulated by a national categorical pretreatment standard.

Sample means a representative part of a larger whole which can be presented as evidence of quality. Samples are recognized depending on the collection method as follows:

Flow proportional composite sample means a sample consisting of a minimum of 12 discrete sample aliquots collected proportional to the flow rate of the liquid being sampled over the compositing period and combined to form a representative sample. Two methods may be used to collect this type of sample. One method collects equal volume aliquots at time intervals which vary based on the stream flow. The other method collects aliquots of varying volume, based on stream flow, at constant time intervals.

Grab sample means an individual sample collected from a wastestream in less than 15 minutes without regard for flow or time.

Time proportional composite sample means a sample consisting of a minimum of 12 equal volume, discrete sample aliquots collected at equal time intervals over the compositing period and combined to form a representative sample.

Sanitary sewer service area of the City means the area defined and illustrated in the sanitary sewer subelement of the comprehensive plan.

Septic tank waste means any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

Severe property damage means substantial physical damage to property, damage to treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

Significant industrial user (SIU) means any industrial or commercial user of the City's POTW who:

(1)

Is subject to categorical pretreatment standards under F.A.C. 62-625.200(3);

(2)

Has a process wastewater discharge flow of 25,000 gallons or more on any given work day to the POTW;

(3)

Has an average consumption of potable water of 25,000 gallons or more per work day, excluding multiple-dwelling units, single-family residences or other purely domestic users;

(4)

Contributes a wastestream which makes up five percent or more of the average dry weather hydraulic or organic (BOD, TSS, etc.) capacity of the treatment plant; or

(5)

Has a discharge which, in the judgment of the control authority or the approval authority, may reasonably be expected to have a significant adverse impact either singly or in combination with other contributing industries on the wastewater treatment system, the quality of sludge, the system's reclaimed water quality or air emissions generated by the system, or has the potential to endanger the POTW employees.

The POD may determine that an industrial user subject to categorical pretreatment standards is an NSCIU rather than an SIU provided such user meets the criteria established for the definition of NSCIU in section 27-302(a). In accordance with 40 CFR 403.3(t)(2) and F.A.C. 62-625.200(20)(c), the control authority may, at any time, on its own initiative or in response to a petition received from a user that meets any of the criteria in subsections (2) through (4) of this definition, re-evaluate the historical wastewater pollutant data, violation history, chemical inventory, inspection reports and any other pertinent information pertaining to that user. If this re-evaluation process establishes that the user has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, then the control authority, in accordance with procedures in 40 CFR 403.8(f)(6), and F.A.C. 62-625.500(2)(e), may determine that such user should not be considered a significant industrial user.

Significant noncompliance (SNC) means an SIU shall be in significant noncompliance when any one or more of the following criteria are satisfied:

(1)

Chronic violations of wastewater discharge limits when 66 percent or more of the measurements taken during a six-month period exceeding by any magnitude, the maximum limit, average limit or instantaneous limit, if applicable, for the same pollutant parameter;

(2)

Technical review criteria (TRC) violations when 33 percent or more of the measurements for each pollutant parameter taken during a six-month period equal or exceeding the product of the maximum limit, average limit or instantaneous limit, if applicable, multiplied by the applicable TRC:

a.

For conventional pollutants, TRC equals 1.4 or 40 percent over the limit;

b.

For all other pollutants, TRC equals 1.2 or 20 percent over the limit;

(3)

When the SIU fails to respond within ten days of receipt of a notice of violation (NOV) issued by the director;

(4)

When the SIU fails to accurately report noncompliance;

(5)

When the SIU reports false information;

(6)

When the SIU intentionally or negligently violates a permit condition or requirement;

(7)

When the SIU refuses to permit entry to the POD for inspection;

(8)

When any violation occurs that the POD reasonably believes has caused, alone or in combination with other discharges, interference (e.g., slug loads) or pass through; or endangered the health of the POTW employees or the general public;

(9)

When any discharge occurs which causes imminent endangerment to human health, welfare or to the environment or results in the POTW's use of its emergency authority to halt or prevent such a discharge;

(10)

When violations of IWDP or other required compliance schedules occur such as, but not limited to, failure to start or complete construction, or failure to attain final compliance by the compliance schedule date;

(11)

When periodic compliance reports, baseline monitoring reports or other required reports are not received by the POD within 45 days after the due date; or

(12)

When any violation or group of violations, which may include a violation of best management practices, occurs which may reasonably be expected to have a significant adverse impact on the operation or implementation of the pretreatment program, the wastewater treatment system, the quality of sludge, the system's reclaimed water quality or air emissions generated by the system, or has the potential to endanger the POTW employees.

Significant violation means any violation or group of violations of an industrial user's IWDP which establishes significant noncompliance.

Slug or slug loading means any pollutant, including conventional pollutants, released in a discharge at a flow rate, level, or concentration which may reasonably be expected to cause interference with the operation of the treatment works. Discharges may be of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge.

Spill containment plan means a detailed plan showing facilities and operating procedures to provide protection from accidental discharge.

Stormwater means any flow occurring during or following any form of natural precipitation and resulting therefrom.

Suspended solids means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids and which is removable by laboratory filtering.

Total toxic organics (TTO) means the summation of all quantifiable values, greater than 0.01 milligrams per liter, of toxic organic substances identified by the NPDES regulations contained in 40 CFR 122, appendix D, table II.

Toxic pollutant means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of section 307(a) of the Act or 40 CFR 401.15 or other laws.

Treatment plant means that portion of the POTW designed to provide treatment, including recycling and reclamation, of municipal sewage and industrial waste.

Treatment works means any devices or systems used in the storage, treatment, disposal, recycling or reclamation of domestic sewage or industrial wastes of a liquid nature including interceptor sewers, outfall sewers, sewage collection systems, reclaimed water systems, injection wells, pumping, power or other equipment and appurtenances; extensions, improvements, remodeling additions or alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; any works, including land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment; and including sanitary sewer systems.

Unregulated wastestream means, for purposes of the combined wastestream formula, a wastestream that is not regulated by a national categorical pretreatment standard and is not considered a dilute wastestream.

Upset means an exceptional incident in which there is unintentional and temporary noncompliance with pretreatment standards because of factors beyond the reasonable control of the user. The term "upset" does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

User means any person who directly or indirectly discharges, causes or permits the discharge of wastewater into the POTW.

Violation means any incident or condition which fails to comply with requirements stated in the user's IWDP, which fails to comply with pretreatment requirements or which fails to comply with the terms of this chapter.

Waste means sewage and any and all other substances, liquid, solid, gaseous or radioactive, associated with human habitation or of human or animal origin or from any producing, manufacturing or processing operation of whatever nature, including such substances placed within containers of whatever nature prior to and for purposes of disposal.

Wastewater means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions and any other source, whether treated or untreated, which is contributed to or permitted to enter the POTW.

Wastewater constituents and characteristics means the individual chemical, physical, bacteriological and radiological parameters, including volume and flow rate and such other parameters that serve to define, classify or measure the contents, quality, quantity and strength of wastewater.

Waters of the State means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the State or any portion thereof.

Zero discharge industrial facility means an industry which may be identified by the control authority as a significant industrial user, as defined herein, which has voluntarily elected not to discharge any of its process wastewater, as defined herein, to the sanitary sewer system, but to dispose of it by other legal means.

(b)

Abbreviations. The following abbreviations shall have the designated meanings:

BMP means best management practices.

BOD means biochemical oxygen demand.

CBOD means carbonaceous biochemical oxygen demand.

CFR means the Code of Federal Regulations.

CIU means categorical industrial user.

COD means chemical oxygen demand.

DEP means the Florida Department of Environmental Protection.

DOH means the Florida Department of Health.

DOHELCP means the Florida Department of Health Environmental Laboratory Certification Program.

EPA means the U.S. Environmental Protection Agency.

F.A.C. means Florida Administrative Code.

IWDP means industrial wastewater discharge permit.

l means liter.

mg means milligrams.

mg/l means milligrams per liter.

NAICS means the North American Industry Classification System.

NPDES means National Pollutant Discharge Elimination System.

NSCIU means non-significant categorical industrial user.

POD means person officially designated as defined in section 1-2 of the Code.

POTW means City-owned treatment works.

RCRA means the Resource Conservation and Recovery Act, 42 USC 6901 et seq.

SWDA means the Solid Waste Disposal Act, 42 USC 6901 et seq.

TRC means technical review criteria.

TSS means total suspended solids.

TWDP means Transported Waste Discharge Permit.

USC means the United States Code.

(Code 1992, § 27-206; Ord. No. 296-G, § 1, 10-7-1997; Ord. No. 345-G, § 1, 9-24-1998; Ord. No. 67-H, §§ 1—3, 2-21-2013)