§ 15-70. Definitions.

Unless specifically defined below, words or phrases used in this article shall be interpreted to give this article its most reasonable application, consistent with state law and other county regulations. In the event of any conflict between the definitions contained herein and those definitions contained in state rules adopted by reference pursuant to section 15-90 hereof, the definitions contained herein shall control. The following words and phrases shall have the following meanings unless the context requires otherwise:

Agricultural burning means the burning of vegetative material originating on site in conjunction with the cultivation of land, and including: gardening or horticulture, fruit growing, raising of vegetables, trees, shrubs, plants, pastures or rangelands.

Air curtain incinerator means a portable or stationary combustion device that directs a plane of high velocity forced draft air through a manifold head into a pit with vertical walls in such a manner as to maintain a curtain of air over the surface of the pit and a recirculating motion of air under the curtain. Use of an air curtain incinerator is considered open burning for the purposes of this ordinance.

Air pollution means the presence in the outdoor atmosphere of the county of any one (1) or more substances or pollutants in quantities, which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or unreasonably interfere with the enjoyment of life or property, including outdoor recreation.

Air pollution episode means any day on which generally unhealthy air (an air quality index value of 151 or greater) occurs or is forecast to occur by the environmental protection division.

DEP means the State of Florida Department of Environmental Protection.

EPA means the United States Environmental Protection Agency.

EPD means the Orange County Environmental Protection Division.

Emission means the discharge or release into the atmosphere of one (1) or more air pollutants.

Environmental protection commission means the Orange County Environmental Protection Commission.

Environmental protection officer means the Orange County Environmental Protection Officer. For purposes of these rules, the term "department" or "department of environmental protection," as used in state rules adopted by reference pursuant to section 15-90, also means "environmental protection officer."

Extinguished means the absence of any visible flames, smoke or emissions.

Forced draft means an adequate current of air blown or forced by a fan or other mechanical means, which is directed or arranged in relation to the open burning in such a manner as to increase the temperature of the fire and to reduce or minimize the resultant possibility of air pollution.

Garbage means all kitchen and table food waste, animal or vegetable waste that is attended with or results from the storage, packaging, preparation, cooking or handling of food materials.

Land clearing debris means uprooted or cleared vegetation resulting from a land clearing operations, including any untreated wood generated by the land clearing operation (e.g., untreated fence posts).

Land clearing operation means the uprooting or clearing of vegetation in connection with construction for buildings and rights-of-way; development; or mineral operations. This term does not include landscaping and yard maintenance operations or other such routine property clean-up activities.

National Weather Service air stagnation advisory means an advisory issued by the National Weather Service to caution local and regional agencies of meteorological conditions which are conducive to poor dispersion and that are expected to persist for at least thirty-six (36) hours.

Normal high water elevation means the landward edge of any natural surface water body during normal hydrological conditions.

Nuisance means any activity which is potentially harmful or injurious to human health or property or which is annoying or offensive to occupants of three (3) or more residences.

Opacity means a condition, which renders material partially, or wholly impervious to rays of light, causing obstruction of the observer's view.

Open burning means the burning of any matter in such a manner that the products of combustion resulting from the burning are emitted directly into the outdoor atmosphere without passing through a stack or chimney. This definition does not include the burning of tobacco products in the form of cigarettes, cigars, and pipe tobacco when ignited for personal consumption.

Outdoor heating device means any apparatus, machine, equipment, or other contrivance in which is burned any type of fuel capable of producing air pollution, and which is used outdoors for the purpose of giving protection from cold or frost.

SOA means that air pollution control specific operating agreement between the DEP and Orange County approved by Orange County on August 17, 2010, as it may be amended from time to time.

Special act means Laws of Fla. ch. 67-1830, or as that act may be amended from time to time.

Sunset means the official time the sun will set as set forth by the U.S. Naval Observatory (tables are available at National Weather Services offices and on the internet at www.usno.navy.mil).

Surface waters means any water course, stream, river, lake, lagoon, or other geological feature that contains water on the surface of the earth, whether contained in bounds created naturally, artificially or diffused.

Title V means Title V of the Federal Clean Air Act ("CAA" or "Act") Amendments of 1990 (42 U.S.C.A. § 7661 to 7661f).

Title V Source Permit means any permit issued pursuant to chapter 62-213, F.A.C.

Trash means materials resulting from the construction, renovation or demolition of a structure, and other debris such as paper, cardboard, packing material, cloth, glass, street sweepings, vehicle tires and other like matter. This term does not include untreated wood or vegetative debris.

Treated wood means wood coated or infused with paint, glue, filler, pentachlorophenol, creosote, tar, asphalt, chromated copper arsenate (CCA), or other wood preservatives or treatments.

Tree cutting debris means debris consisting of trees, tree stumps, and tree limbs resulting from a tree removal or tree trimming operation.

Untreated wood means wood (including lighter pine, tree trunk, limbs and stumps, shrubs, and lumber), which is free of paint, glue, filler, pentachlorophenol, creosote, tar, asphalt, chromated copper arsenate (CCA), and other wood preservatives or treatments.

Waste pesticide containers means any containers made of combustible materials, including but not limited to paper, plastic, or burlap, which formerly contained pesticides and which the manufacturer or formulator provided as an end user conveyance for the specified product.

Wildlands means any nonurbanized land not under extensive agricultural cultivation, e.g., forests, grasslands, rangelands.

Working day means Monday through Friday and includes holidays that fall on any of the days Monday through Friday.

Yard waste means vegetative matter resulting from landscaping and yard maintenance operations and other such routine property clean-up activities. It includes materials such as leaves, shrub trimmings, grass clippings, palm fronds, and brush. This term does not include land clearing debris or tree cutting debris.

(Code 1965, § 24-82; Ord. No. 84-15, § 1(2), 7-16-84; Ord. No. 2007-05 , § 6, 5-22-07; Ord. No. 2012-10 , § 5, 6-5-12; Ord. No. 2018-10 , § 2, 6-5-18)

Editor's note

Laws of Fla. ch. 67-1830 is compiled as article II of this chapter.