§ 15-185. Definitions.

Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated.

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 Florida Department of Environmental Protection (FDEP or Department) or its successor agencies.

Authorized representative of the user (see also "responsible corporate officer"). Either:

(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 (1) or more manufacturing, production, or operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding twenty-five (25) million dollars (in second-quarter 1980 dollars), if 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 government 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 paragraphs (1) through (3), above, may designate another authorized representative if the authorization is in writing, 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.

Biochemical oxygen demand ("BOD") means the quantity of oxygen utilized in the biochemical oxidation of organic matter in water or wastewater reported as a five-day value established using approved methods, usually expressed as a concentration (e.g., mg/l).

Bypass means the intentional diversion of wastewater streams from any portion of an industrial user's treatment facility.

Categorical industrial user means an industrial user subject to categorical pretreatment standards.

Categorical pretreatment standard or categorical standard means any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. §1317) which applies to a specific category of industrial users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471, as amended from time to time.

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

City means the City of Sunrise or the city commission.

Color means the optical density at the visual wavelength of maximum absorption, relative to distilled water. One hundred (100) percent transmittance is equivalent to zero (0.0) optical density.

Composite sample means the sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.

Control authority means the utility director of the city of sunrise or a duly authorized representative that administers the pretreatment program.

Cooling water/non-contact 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. Cooling water may be generated from any use, such as air conditioning, heat exchangers, cooling or refrigeration to which the only pollutant added is heat.

Discharge means to introduce, dispose, deposit, place, emit, unload, or release, pollutants into the WWF from any nondomestic source regulated under F.S. Ch. 403. See also "indirect discharges."

Domestic wastewater residual means the solid, semisolid, or liquid residue generated during the treatment of domestic wastewater in a domestic wastewater treatment facility. Not included is the treated effluent or reclaimed water from a domestic wastewater treatment plant. Also not included are solids removed from pump stations and lift stations, screenings and grit removed from the preliminary treatment components of domestic wastewater treatment facilities, other solids as defined in Rule 62-640.200(24), F.A.C., and ash generated during the incineration of residuals.

Domestic user (residential user) means any person who contributes, causes, or allows the contribution of wastewater into the WWF that is of a similar volume and/or chemical make-up to that of a residential dwelling unit. Discharges for a residential dwelling unit typically include up to one hundred (100) gallons per capita per day, two tenths (0.2) pounds of BOD per capita per day, and seventeen hundredths (0.17) pounds of TSS per capita per day.

Enforcement actions means those actions taken by the city in response to violations of this article.

Environmental Protection Agency or EPA means the U.S. Environmental Protection Agency or, where appropriate, the Director of Region 4 Office of Water, or other duly authorized official of said agency.

Existing source means a categorical industrial user, the construction or operation of whose facility commenced prior to the publication by EPA of proposed categorical pretreatment standards, which would be applicable to such source if and when the standard is thereafter promulgated in accordance with Section 307 of the Act.

Existing user means any non-categorical user which was discharging wastewater prior to the effective date of this article.

Florida Administrative Code ("F.A.C.") means the official rules and regulations of the Florida Regulatory Agencies under the provisions of F.S. Ch. 120.

Food service means any establishment engaged in the preparation, handling, sale, or dispensing of food or foodstuffs, such as, but not limited to, restaurants, bars, nursing home and hospital kitchens, boarding home kitchens, soup kitchens, bakeries, cafeterias, ice cream parlors and manufacturers, convenience stores, food processors, and other facilities where cooking oil, grease, food, or food products may be introduced into the sanitary sewer system.

Food waste means any superfluous solid material produced either from the domestic or commercial preparation, cooking, consumption, or dispensing of food, or from the handling, storage, or sale of produce.

Grab sample means a sample that is taken from a wastestream on a one-time basis without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes.

Hauled wastewater means liquid wastewater and/or sludge brought to the city's wastewater facility by means of tank trucks or other methods.

Indirect discharge or discharge means the introduction of pollutants into the wastewater facility from any non-domestic source regulated under Section 307(b), (c), or (d) of the Act. The discharge into the wastewater facility is normally by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto.

Industrial waste or wastewater means food waste, other waste, or any superfluous solid, liquid, or gaseous material resulting from manufacturing or commercial processes, or from natural resource development, recovery, or processing.

Industrial user means a source of indirect discharge. The source shall not include "domestic user" as defined herein. Where an owner of property leases premises to any other person as a tenant under any rental or lease agreement, if the owner and/or tenant is an industrial user, both may be held responsible for compliance with the provisions of this article.

Instantaneous maximum allowable discharge limit means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite 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, either:

(1)

Inhibits or disrupts the wastewater facility, its treatment processes or operations;

(2)

Inhibits or disrupts its domestic wastewater residuals processes, use or disposal; or

(3)

Is a cause of a violation of any requirement of the WWF's permit (including an increase in the magnitude or duration of a violation) or prevents use or disposal of domestic wastewater residuals in compliance with local regulations or rules of the FDEP and F.S. Ch. 403.

Medical waste means wastes including, but not limited to, 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.

New source means:

(1)

Any building, structure, facility, or installation from which there is (or may be) a discharge, 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; or

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, shall 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; or

(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.

A 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 that 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.

New user means a user that is not regulated under federal categorical pretreatment standards but that applies to the city for a new building permit or occupies an existing building and plans to commence discharge of wastewater to the city's collection system after the effective date of this article. Any person that buys an existing facility that is discharging non-domestic wastewater will be considered an "existing user" if no significant changes are made in the manufacturing operation.

Non-contact 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, to which the only pollutant added is heat.

NPDES permit means a permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).

Pass through means a discharge that exits the WWF into waters of the state or of the United States in quantities or concentrations that, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the WWF's permit (including an increase in the magnitude or duration of a violation).

Permit means a permit, including a no discharge (ND) permit, issued to the WWF in accordance with Chapter 62-620, Fla. Admin. Code.

Permittee means a person or user issued a wastewater discharge permit.

Person means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.

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

Pollutant means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, chemical oxygen demand (toxicity, or odor).

Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, discharging or otherwise introducing such pollutants into the WWF. This reduction or alteration can be obtained by physical, chemical, or biological processes, process changes or by other means, except by diluting the concentration of the pollutants as prohibited by Rule 62-625.410(5), Fla. Admin. Code. Appropriate pretreatment technology includes 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 wastewater facility. 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 Rule 62-625.410(6), F.A.C.

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

Pretreatment standards or standards means any regulation containing pollutant discharge limits promulgated by the FDEP under F.S. Ch. 403, which applies to industrial users. This term includes prohibited discharge standards established in Rule 62-625.400, Fla. Admin. Code, Categorical Pretreatment Standards, and local limits established by the city.

Prohibited discharge standards or prohibited discharges means absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 15-196 of this article.

Responsible corporate officer. See "authorized representative of the user."

Septage means a mixture of sludge, fatty materials, human feces, and wastewater removed during pumping of an onsite sewage treatment and disposal system. Excluded from this definition are the contents of portable toilets, holding tanks, and grease interceptors.

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 an industrial user's treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources that 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.

Sewage means human excrement and gray water (household showers, dishwashing operations, etc.).

Sewer means any pipe, conduit, ditch, or other device used to collect and transport sewage from the generating source.

Significant industrial user except as provided in (3) below, means the following:

(1)

An industrial user subject to categorical pretreatment standards under Rule 62-625.410, Fla. Admin. Code and 40 CFR Chapter 1, Subchapter N which has been adopted by reference in Chapter 62-660, Fla. Admin. Code; or

(2)

An industrial user that:

a.

Discharges an average of twenty-five thousand (25,000) gallons per day (gpd) or more of process wastewater to the wastewater facility (excluding domestic wastewater, non-contact cooling, and boiler blowdown wastewater); or

b.

Contributes a process waste stream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the WWF; or

c.

Is designated as such by the control authority on the basis that the industrial user has a reasonable potential for adversely affecting the wastewater facility's operation or for violating any pretreatment standard or requirement in accordance with Rule 62-625.500(2)(e), Fla. Admin. Code.

(3)

Upon a finding that an industrial user meeting the criteria in subsection (2) above has no reasonable potential for adversely affecting the WWF's operation or for violating any pretreatment standard or requirement, the control authority may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with Rule 62-625.500(2)(e), Fla. Admin. Code, determine that such industrial user should not be considered a significant industrial user.

Sludge means any solid, liquid, or semisolid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility, septic tank, grease trap, portable toilet or related operation, or any other such waste having similar characteristics exclusive of the treated effluent from a wastewater treatment plant.

Slug load or slug discharge means any discharge at a flow rate or concentration that could cause a violation of the discharge standards of this article or any discharge of a non-routine, episodic nature, including but not limited to, an accidental spill or a non-customary batch discharge.

Standard Industrial Classification ("SIC") Code means a classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.

Storm water means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation.

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

Treatment plant means the portion of a WWF which is designed to provide treatment (including recycling and reclamation) of domestic and industrial wastewater.

Treatment plant effluent means the discharge from the WWF into waters of the United States or the state.

Upset means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An 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. See "industrial user."

Wastewater means liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the WWF.

Wastewater discharge permit("permit") means written authorization from the control authority to discharge industrial wastewater to the wastewater facility or a connected system, setting certain conditions and/or restrictions on such discharge.

Wastewater facility ("WWF") means any or all of the city's collection/transmission systems, treatment plants, and reuse or disposal systems.

(Ord. No. 462, § 1.5, 5-27-03)