§ 19-181. Definitions.

Unless the context specifically indicates otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated. The singular shall include the plural where indicated by the context.

Act or the Act means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended (33 U.S.C. § 1251 et seq.).

Approval authority means the director in an NPDES state with an approved state pretreatment program and the administrator of the EPA in a non-NPDES state or NPDES state without an approved state pretreatment program.

Authorized or duly authorized representative of the user .

(1)

If the user is a corporation:

a.

The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

b.

The 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, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit (or general permit (optional)) requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(2)

If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

(3)

If the user is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

(4)

The individuals described in subsections (1) through (3) above, may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city.

Best management practices (BMPs) means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in sections 19-207 and 19-208. BMPs include 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 milligrams per liter.

Building drain means that part of the piping of a building which collects wastewater inside the walls of the building and conveys it to outside the building wall.

Building sewer means the extension from the building drain to the public sewer or other place of disposal, also called "house connection."

Categorical industrial user means an industrial user subject to a categorical pretreatment standard or categorical standard.

Categorical standards means national categorical pretreatment standards or pretreatment standard.

Chemical oxygen demand (COD) means a measure of oxygen equivalent of that portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant.

City means the City of Wildwood or the city commission of the city.

City commission means the duly elected officials of the city.

City manager means the person designated by the city commission to administer all city activities.

Control authority means the "approval authority," defined in this section, or the Director if the city has an approved pretreatment program under the provisions of 40 CFR 403.11.

Cooling water means the water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

Customer means every person who is responsible for contracting (expressly or implicitly) with the city in obtaining, having or using sewer connections with, or sewer taps to, the sewer system of the city and in obtaining, having, or using water and other related services furnished by the city for the purpose of disposing of wastewater and sewage through such system. The word "customer" includes the occupants of each unit of a multiple-family dwelling unit building as a separate and distinct customer.

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

Direct discharge means the discharge of treated or untreated wastewater directly to the waters of the state.

Director means director of the POTW.

Easement means an acquired legal right for the specific use of land owned by others.

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.

Excess strength wastewater means wastewater containing constituents whose parameters are in excess of normal wastewater.

Existing source means any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.

Floatable oil means oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.

Flush toilet means the common sanitary flush commode in general use for the disposal of human excrement.

Garbage means the animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.

Grab sample means a sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.

Health officer means the county environmental health director.

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

Indirect discharge means the discharge or the introduction of nondomestic pollutants from any source regulated under section 307 (b) or (c) of the Act (33 U.S.C. § 1317), into the POTW (including holding tank waste discharged into the system).

Industrial user means a source of indirect discharge.

Industrial wastes means the wastewater from industrial processes as distinct from normal wastewater.

Infiltration/inflow means groundwater and surface water which leaks into the sewers through cracked pipes, joints, manholes or other openings.

Instantaneous limit means the maximum concentration of a pollutant allowed to be discharged at any time, determined from/and by the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

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

(1)

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

(2)

Therefore is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued there under (or more stringent state or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, the Marine Protection, Research and Sanctuaries Act and any state laws which reflect the same or similar subject matter as these federal laws.

Local limit means specific discharge limits 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).

Medical waste means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

National categorical pretreatment standard or pretreatment standard means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Act (33 U.S.C. § 1347) which applies to a specific category of industrial users.

National pollution discharge elimination system or NPDES permit means a permit issued pursuant to section 402 of the Act (33 U.S.C. § 1342).

National prohibitive discharge standard or prohibitive discharge standard means any regulation developed under the authority of section 307(b) of the Act and 40 CFR 403.5.

Natural outlet means any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or ground water.

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 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.

(2)

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. above but otherwise alters, replaces, or adds to existing process or production equipment.

(3)

Construction of a new source as defined under this paragraph 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 are 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 paragraph.

Noncontact cooling water means water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

Normal wastewater means wastewater discharged into the sanitary sewers in which the average concentration of total suspended solids and BOD is not more than 250 mg/l, total phosphorus is not more than 15 mg/l, total nitrogen is not more than 30 mg/l; COD is not more than 450 mg/l; TSS is not more than 250 mg/l; and a pH range of 6.5 to 8.0 and for which total flow is not more than 25,000 gallons per day.

Pass through means a discharge which exits the POTW to a water of the United States in quantities or concentrations which alone or in conjunction with a discharge or discharges from all other sources, is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation); or wastewater constituent which is not adequately treated by the treatment process resulting in its discharge to the receiving environment.

Person means any individual, partnership, co-partnership, firm, company, governmental entity or any other legal entity, or their legal representatives, agents or assigns.

pH means a measure of the acidity or alkalinity of a solution, expressed in standard units.

Pit privy means a shored, vertical pit in the earth completely covered with a flytight slab on which is securely located a flytight riser covered with a hinged flytight seat and lid.

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

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

POTW treatment plant means that portion of the POTW designed to provide treatment to wastewater.

Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or by process changes or other means, except as prohibited Rule 62-625.410(5), FAC.

Pretreatment requirements means any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.

Pretreatment standards or standards means pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits.

Prohibited discharge standards or prohibited discharges means absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 19-207.

Properly shredded means the wastes from the preparation, cooking, and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.

Public sewer means a common sewer controlled by a governmental agency or public utility.

Publicly owned treatment works (POTW) means a treatment works as defined by section 212 of the Act (33 U.S.C. § 1292) which is owned in this instance by the city. This definition includes any 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 article, POTW shall also include any sewers that convey wastewaters to the POTW from persons outside the city who are, by contract or agreement with the city, users of the city's POTW.

Sanitary sewer means a sewer that carries liquid and water-carried wastes from residences, commercial building, industrial plants, and institutions together with minor quantities of ground, storm and surface waters that are not admitted intentionally.

Septic tank means a subsurface impervious tank designed to temporarily retain sewage or similar waterborne wastes together with:

(1)

A sewer line constructed with soldered pipe, with the joints sealed, connecting the impervious tank with a plumbing stub out; and

(2)

A subsurface system of trenches, piping and other materials constructed to drain the clarified discharge from the tank and distribute it underground to be absorbed or filtered.

Sewage means the spent water of a community. The equivalent term is "wastewater," as defined in this section.

Sewer means a pipe or conduit that carries wastewater.

Significant industrial user (SIU) means any industrial user of the city's wastewater disposal system who is:

(1)

An industrial user subject to categorical pretreatment standards; or

(2)

An industrial user that:

a.

Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blow down wastewater);

b.

Contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

c.

Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

Significant noncompliance or 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 defined here as those in which 66 percent or more of all measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined above;

(2)

Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined above, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

(3)

Any other violation of a pretreatment standard or requirement as defined above (daily maximum, long-term average, instantaneous limit, or narrative standard) that (the superintendent) determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;

(4)

Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in (the superintendent's) exercise of its emergency authority to halt or prevent such a discharge;

(5)

Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit (or general permit) or enforcement order for starting construction, completing construction, or attaining final compliance;

(6)

Failure to provide within 45 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports and reports on compliance with compliance schedules;

(7)

Failure to accurately report noncompliance; or

(8)

Any other violation(s), which may include a violation of best management practices, which (the superintendent) determines will adversely affect the operation or implementation of the local pretreatment program.

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

Slug means any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentrations of flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater facilities.

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

Standard industrial classification (SIC) means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.

Storm drain, sometimes termed storm sewer, means a drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.

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

Suspended solids means total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in Standard Methods for the Examination of Water and Wastewater and referred to as nonfilterable residue.

Total nitrogen (TN) means TKN + nitrate/nitrite.

Total toxic organics (TTO) means the summation of all quantifiable values, greater than 0.01 mg/l, of toxic organic substances identified by the EPA for electroplating point source categories listed in 40 CFR 413.02(i) and for metal finishing subcategories listed in 40 CFR 433.II(e), or identified in any equivalent state law.

Toxic pollutant means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the Environmental Protection Agency (EPA) under the provision of CWA 307(1) or other acts.

Unpolluted water means water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.

User means any person who contributes, causes or permits the contribution of wastewater into the city POTW.

Wastewater means the spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water and stormwater that may be present.

Wastewater facilities means the structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and dispose of the effluent.

Watercourse means a natural or artificial channel for the passage of water either continuously or intermittently.

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.

(Ord. No. O2013-05, § 2, 2-25-13)

Cross reference

Definitions and rules of construction generally, § 1-2.