§ 15-113. 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. The following words and phrases shall have the following meanings unless the context requires otherwise:
Best Management Practices (BMPs) means schedules of activities, prohibitions of practices, maintenance procedures and other management practices designed to prevent or reduce pollutants from entering the MS4, being discharged from the MS4, or from directly entering waters of the county. BMPs include, but are not limited to, treatment methods and practices to control the discharge of pollutants.
Clean Water Act means the Federal Water Pollution Control Act Amendments of 1972, as amended, 33 U.S.C. 1251 et seq., and commonly referred to as the Clean Water Act or CWA.
Code of Federal Regulations (CFR) means the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government.
Construction activities means activities in preparation for, or the furtherance of, the erection or installment of surface or subsurface structures or improvements, including such activities as clearing, grading and excavation associated with residential, commercial, industrial, institutional and governmental projects.
Discharge means, but is not limited to, any release, spilling, leaking, seeping, pouring, emitting, emptying or dumping of any substance or material.
Environmental protection commission means the Orange County Environmental Protection Commission as constituted in sections 15-30 and 15-31.
Environmental protection officer means the Orange County Environmental Protection Officer as defined in section 15-32.
Illicit connection means any point source connection from an industrial, residential or commercial activity to the county's MS4 for which the county has not given express consent and which facilitates discharge to the county MS4.
Illicit discharge means any discharge to the county MS4 (i) that does not constitute stormwater or that is not stormwater (ii) that causes or tends to cause water pollution. Illicit discharge also means any discharge to the waters of the county that causes or tends to cause water pollution. This term shall not include discharges that are authorized by an NPDES permit or that are excepted under section 15-117 of this article. This term shall not include discharges that are authorized by governmental permit into stormwater ponds that are authorized by governmental permit.
Industrial activity means activity that is conducted on property designated for industrial land use in accordance with the Orange County Comprehensive Plan or at facilities identified by the U.S. Environmental Protection Agency as industrial activity requiring an NPDES stormwater permit under 40 CFR 122.26 or other applicable rule.
Inspection means but is not limited to any on-site physical examination of all facilities and grounds which may discharge to a MS4, a review of all records on operation and maintenance of facilities and the result of any monitoring performed for compliance with state, federal and local regulations or permit conditions.
Municipal separate storm sewer system or MS4 means a conveyance or system of conveyances (including, but not limited to, roads with drainage systems, streets, catch basins, curbs, gutters, ditches, manmade channels or storm drains) owned or operated by a local government that discharges to waters of the county or connects to other MS4s, that is designed solely for collecting or conveying stormwater, and that is not part of a publicly owned treatment works (POTW) as defined by 40 CFR 122.2.
National Pollutant Discharge Elimination System or NPDES means the federal program for issuing, modifying, revoking, reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of CWA. The term includes an "approved program".
Person shall mean any individual or entity defined in section 1-2 of the Code, including governmental agencies that are not exempt from regulation under this article by state or federal law. This term does not include the county.
Special Act means Laws of Fla. ch. 67-1830.
Stormwater means the flow of water which results from, and which occurs immediately following, a rainfall event.
Total Maximum Daily Load (TMDL) program means the federal and state program that identifies impaired water bodies, individual wasteload allocations for point sources and nonpoint sources, and requires the development of management plans for reduction of the identified pollutant loads by stakeholders, such as Orange County.
Uncontaminated pumped ground water means ground water resulting from a dewatering operation permitted (as may be required) by an agency(ies) of the state with applicable jurisdiction; provided, however, this definition shall not apply to pumped ground water that is otherwise determined to exceed the criteria or standards of this ordinance.
Waters of the county means rivers, lakes, streams, wetlands, springs, impoundments, canals, and all other waters or bodies of water, including surface or underground waters, whether artificial or natural, excluding permitted stormwater facilities, located within Orange County, Florida.
Water pollution means the man-made or man-induced alteration of the chemical, physical, or biological integrity of water in quantities, proportions or accumulations that result in exceedance(s) of the Orange County Water Quality Management Rules herein adopted, or that may tend to be injurious to human, animal, plant, fish or other aquatic life, or property, or that unreasonably interferes with the comfortable enjoyment of life, property or business, including outdoor recreation.
(Ord. No. 2013-09 , § 4, 4-9-13)