§ 32-213. Definitions.
This article adopts by reference the definitions contained in section 403.703, F.S. (2013) and rule 62-701.200, F.A.C., unless defined below, in which case the definition included in this section governs. The following definitions apply for the purposes of this article only.
Applicant shall mean any person, group, contractor, corporation, business association, or other entity applying for a permit for a solid waste management facility.
BZA shall mean the board of zoning adjustment, Orange County, Florida.
Board shall mean the board of county commissioners, Orange County, Florida.
CFR shall mean the United States Code of Federal Regulations.
Class I waste shall mean solid waste which is not hazardous waste, and which is not prohibited from disposal in a lined landfill under the rules of the State of Florida Department of Environmental Protection.
Class III waste shall mean combinations of yard trash and construction and demolition debris along with other debris such as paper, cardboard, asbestos, cloth, processed tires, glass, plastic, furniture other than appliances, and other materials approved by FDEP that are not expected to produce leachate which poses a threat to public health or the environment. Mixing of Class III waste with other types of solid waste will cause the material to be classified as other than Class III waste.
Clean wood shall mean wood, including lumber, tree and shrub trunks, branches, and limbs, that is free from paint, glue, filler, pentachlorophenol, creosote, tar, asphalt, chromate copper arsenate, other wood preservatives, or treatments.
Closing shall mean the time at which a solid waste management facility ceases to accept waste, and includes those actions taken by the owner or operator of the facility to prepare the facility for any necessary monitoring and maintenance after closing.
Closure shall mean the cessation of operation of a solid waste management facility and the act of securing such a facility so that it will pose no significant threat to human health or the environment. This definition shall include closing, long-term monitoring, maintenance and financial responsibility.
Closure plan shall mean written reports and/or engineering plans detailing those actions that will be taken by the owner or operator of a solid waste management facility to effect proper closure of that facility.
Composting facility shall mean a solid waste management facility where solid waste is processed using composting technology. Processing may include physical turning, windrowing, aeration or other mechanical handling of organic matter. Simple exposure of solid waste with little or no mechanical handling that results in natural decay is not considered composting. Facilities handling solid waste in this way will be considered solid waste disposal facilities or landfills.
Conservation areas shall mean those areas as defined in the Conservation Ordinance of Orange County, article X, chapter 15, Orange County Code, adopted herein by reference.
Construction and demolition debris shall mean discarded materials generally considered to be not water soluble and nonhazardous in nature including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and includes rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project, including such debris from construction of structures at a site remote from the construction or demolition project site. Mixing of construction and demolition debris with other types of solid waste will cause the resulting mixture to be classified as other than construction and demolition debris. Specifically, if the demolition project is from a structure where hazardous materials or hazardous waste are or were managed, the debris will be considered hazardous waste and will not be considered construction and demolition debris as defined in this article unless tested and the results show otherwise.
This term also includes:
(1)
Clean cardboard, paper, plastic, wood, and metal scraps from a construction project;
(2)
Except as provided in Section 403.707(9)(j), F.S. (2013), yard trash and unpainted, nontreated wood scraps and wood pallets from sources other than construction or demolition projects;
(3)
Scrap from manufacturing facilities which is the type of material generally used in construction projects and which would meet the definition of construction and demolition debris if it were generated as part of a construction or demolition project. This includes debris from the construction of manufactured homes and scrap shingles, wallboard, siding, concrete, and similar materials from industrial or commercial facilities; and
(4)
De minimis amounts of other nonhazardous wastes that are generated at construction or destruction projects, provided such amounts are consistent with best management practices of the industry.
Regulated asbestos, containing materials as defined in 40 CFR § 61.141, are excluded from the construction and demolition debris definition.
Cover shall mean a layer of compacted earth or other suitable material as approved by the Orange County Environmental Protection Division, used to enclose a volume of fill material.
Department shall mean the Orange County Community, Environmental & Development Services Department.
Division shall mean the Orange County Environmental Protection Division.
DRC shall mean the development review committee, Orange County, Florida.
FDEP shall mean the State of Florida Department of Environmental Protection.
Floridan Aquifer Vulnerability Zones shall mean the three (3) zones of relative vulnerability of the Floridan Aquifer to contaminants from the land surface, as delineated in the Florida Geological Survey Report of Investigations No. 104, Wekiva Aquifer Vulnerability Assessment (WAVA), June 2005, more particularly described in Figure 15 contained therein, adopted and incorporated herein by reference. Those areas depicted in Figure 15 as "More Vulnerable" shall be known as the "Primary Floridan Aquifer Vulnerability Zone" as further defined herein. Those areas depicted in Figure 15 as "Vulnerable" shall be known as the "Secondary Floridan Aquifer Vulnerability Zone" as further defined herein. Those areas depicted in Figure 15 as "Less Vulnerable" shall be known as the "Tertiary Floridan Aquifer Vulnerability Zone" as further defined herein.
Hazardous waste facility shall mean any building, site, structure, or equipment at or by which hazardous waste is disposed of, stored, or treated.
Hazardous waste treatment, storage and disposal facility shall mean a hazardous waste facility subject to the requirements of F.A.C. rules 62-730.171 and 62-730.180.
Incinerator shall mean a combustion apparatus designed for the ignition and burning of solid, semi-solid, liquid or gaseous combustible wastes. For purposes of this article, this term shall also include solid waste combustors.
Karst terrane shall mean those areas where karst topography with its characteristic surface and subterranean features is developed as the result of dissolution of limestone, dolomite, or other soluble rock. Characteristic physiographic features present in karst terranes include, but are not limited to, sinkholes, sinking streams, caves, large springs, stream to sink (swallets), open sinks, relic sinks with a direct connection to the aquifer, spring runs, and blind valleys.
Landfill shall mean any solid waste land disposal area which receives solid waste for disposal in or upon land. The term does not include a land-spreading site, an injection well, a surface impoundment, or a facility for the disposal of construction and demolition debris.
Lined landfill shall mean a landfill constructed with a liner made of synthetic materials, low-permeability soils or a combination of these materials, which has been permitted by Orange County, and which meets the landfill design criteria specified herein.
Manager shall mean the individual retained by the board as the environmental protection officer (EPO) and is the head of the division.
Materials recovery facility shall mean a solid waste management facility that provides for the extraction from solid waste of recyclable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials.
Primary Floridan Aquifer Vulnerability Zone shall mean those areas described as "Primary" in Figure WSA-5, Orange County Comprehensive Policy Plan, attached and incorporated herein.
Recovered materials shall mean metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered materials as described above are not solid waste.
Recycling shall mean any process by which solid waste, or material that would otherwise become solid waste, is collected, separated, or processed and reused or returned to use in the form of raw materials or products.
Secondary Floridan Aquifer Vulnerability Zone shall mean those areas described as "Secondary" in Figure WSA-5, Orange County Comprehensive Policy Plan, attached and incorporated herein.
Sensitive karst areas shall mean those areas of the St. Johns River Water Management District delineated as sensitive karst areas in chapters 40C-4 and 40C-41, F.A.C., in which the Floridan Aquifer is near the land surface.
Site shall mean the lot(s) or parcel(s) of property where on a solid waste management facility is located or proposed to be located.
Size-reduced means yard trash material that has been processed so that it will pass through a six-inch sieve or has been cut for firewood in lengths not greater than twenty-four (24) inches.
Solid waste shall mean sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge from waste treatment work or water supply treatment plant or air pollution control facility, or garbage, rubbish, refuse, special waste, or other discarded material including solid, liquid, semisolid or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural or governmental operations. For the purposes of this article, this term does not include infectious/medical waste, or hazardous waste as defined in chapter 62-730, F.A.C., or recovered materials.
Solid waste disposal facility shall mean any solid waste management facility that is the final resting place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating municipal solid waste. Solid waste disposal facilities shall be classified into three (3) classes based on the type of waste received. There are varying requirements throughout this article depending on the class of facility:
(1)
Class I landfills are those that receive only Class I waste.
(2)
Class III landfills are those that receive only Class III waste. Class III landfills shall not accept putrescible household waste.
(3)
Construction and demolition debris disposal facilities are those that receive only construction and demolition debris.
Solid waste management facility shall mean any solid waste disposal area; volume reduction plant; transfer station; materials recovery facility; or other facility, the purpose of which is resource recovery or the disposal, recycling, processing, or storage of solid waste. This term does not include recovered materials processing facilities that meet the requirements of section 403.7046, F.S., except the portion of such facilities, if any, that is used for the management of solid waste.
Tertiary Floridan Aquifer Vulnerability Zone shall mean those areas described as "Tertiary" in Figure WSA-5, Orange County Comprehensive Policy Plan, attached and incorporated herein.
Transfer station shall mean a site the primary purpose of which is to store or hold solid waste for transport to a processing or solid waste disposal facility.
Used oil recycling facility shall mean used oil processors, used oil filter transfer facilities, and used oil filter processors, as those terms are defined in rule 62-710.201, F.A.C., but does not include facilities that serve only as a public used oil collection center.
Wekiva Study Area shall mean that same area of land as identified and delineated within section 369.316, F.S. (2013).
Yard trash shall mean vegetative matter resulting from landscaping maintenance or land clearing operations, and includes materials such as tree and shrub trimmings, grass clippings, palm fronds, trees and tree stumps, and associated rocks and soils. For yard trash processing facilities this term also includes clean wood.
Yard trash processing facility shall mean a yard trash transfer station or a facility at which yard trash is processed into a size-reduced, usable material or is composted, but does not include a facility used for the disposal of yard trash.
(Ord. No. 99-16, § 2, 6-29-99; Ord. No. 2005-16 , § 2, 12-6-05; Ord. No. 2006-19 , § 2, 10-31-06; Ord. No. 2009-05 , § 1, 2-24-09; Ord. No. 2014-01 , § 2, 1-28-14)