§ 37-703. Definitions and abbreviations.

(a)

Unless specifically defined below, words or phrases used in this article shall be interpreted to give this article its most reasonable application that is consistent with state and federal laws and other county regulations. The following words and phrases shall have the meanings as designated below, unless the context requires otherwise:

Abnormally high strength compatible wastes shall mean wastewater containing biochemical oxygen demand (BOD), total suspended solids (TSS), total kjeldahl nitrogen (TKN), total phosphorus or oil and grease in quantities that exceed the county's local limit for these pollutants as specified and established by county resolution.

Abnormally low strength compatible wastes shall mean wastewater containing less than twenty (20) mg/l of CBOD and TSS.

Act shall mean the Federal Water Pollution Control Act, as amended, also known as the Clean Water Act, as amended, Title 33 USC, Section 1251, et seq.

Administrative action shall mean an enforcement action authorized by the control authority, which is taken under authority of this ordinance without or prior to the involvement of a court.

Administrative fine shall mean a punitive monetary charge unrelated to actual treatment costs, which is assessed by the control authority rather than a court for enforcement of the requirements herein. Where an administrative fine is upheld by a hearing officer, or the amount is changed by that officer, but the assessment of a fine is still upheld, or where an administrative fine is likewise upheld or the amount is changed by a court, the fine does not lose its identity as an administrative fine because it may be so modified. Administrative fines are also distinguished from civil penalties or civil fines due to their separate matrix and range of severity.

Administrative order shall mean a document which orders the user (violator) to perform a specific act or refrain from an act. The order may require users to attend a show cause meeting, cease and desist discharging, or undertake activities pursuant to a compliance schedule.

Aliquot shall mean a portion of a sample.

Applicant shall mean an owner, or agent of the owner, of property that requests formal approval for use of the county wastewater system.

Approval authority shall mean the Florida Department of Environmental Protection or its successor agencies.

Approved shall mean an acceptance by the director of utilities as meeting or complying with applicable requirements or specifications as set forth in this article; or suitable for the proposed use or application.

Assessment shall mean a lien for improvements placed by the county against the property for benefits received from construction of such improvements.

Authorized county personnel or staff shall mean individuals or designees that have been authorized or approved by the county to perform specific tasks or to execute certain job descriptions or scope of services.

Authorized representative of the user shall mean and may be:

(1)

If the user is a corporation:

a.

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

b.

The manager of one (1) or more manufacturing, production, or operation facilities who has been assigned or delegated the authority to sign documents 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 individual described in paragraphs (1) through (3), above, may designate another 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 director.

Available shall be defined herein as set forth in chapter 37, article XVII, section 37-533 of the Orange County Code of Ordinances, or F.S. ch. 381.0065(2), as amended, whichever requirements are more stringent.

Baseline monitoring report (BMR) shall mean a report submitted by categorical industrial users within one hundred eighty (180) days after the effective date of a categorical standard which indicates the compliance status of the user with the applicable national categorical pretreatment standards as set forth in 40 CFR 403.12(b) and adopted by referenced in F.A.C. ch. 62-625.

Batch discharge shall mean the controlled discharge of a discrete, intermittent, and contained volume of discharge.

Best management plan shall mean a plan prepared by a user to minimize the amount of wastes from production or a process, and to handle the resultant wastes in an environmentally sound and efficient manner.

Best management practice (BMP) shall mean schedules of activities, prohibitions or practices, maintenance procedures, and other management practices, such as personnel training, to prevent or reduce pollution discharges. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spills or leaks, sludge or waste disposal, or drainage from raw material storage.

Biochemical oxygen demand (BOD) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees Celsius, expressed in milligrams per liter. The BOD shall be determined in accordance with procedures set forth in the current edition of the Environmental Protection Agency's (EPA's) "Methods for the Chemical Analysis of Water and Wastes" or "Standard Methods", current edition.

Biohazardous wastes shall mean wastes from a biological source that may be hazardous to living organisms. Wastes can be physical, biological or chemical in nature.

Biosolids shall mean the primarily organic solids that are produced by wastewater treatment processes; and can be beneficially recycled. Refer to residuals on sludge.

Biowastes shall mean wastewater containing biological components, such as, but not limited to, animal parts, organs, tissues or other wastes that result from the care, disposal or processing of organisms.

Blowdown shall mean the discharge from boilers or cooling towers with high concentrations of accumulated dissolved solids and chemical additives, such as biocides and corrosion inhibitors. Blowdown containing chemical additives shall be considered process wastestreams.

Board (BCC) shall mean the board of county commissioners.

Building drain shall mean that part of the lowest horizontal piping or discharge point of a sewerage or drainage system which receives the discharge from soil, waste, and other drainage pipes or sources inside the walls of the building and conveys it to a point five (5) feet outside the outer face of the building wall to the building sewer.

Building sewer lateral shall mean the extension from the building drain to the public sewer or other place of disposal, beginning five (5) feet outside the outer face of the building wall.

Bypass shall mean the intentional diversion of wastestreams from any portion of an industrial user's pretreatment facility.

Categorical industrial user (CIU) shall mean any new or existing significant industrial users (SIUs) in specific industrial categories which have established separate regulations and categorical pretreatment standards as specified and pursuant to 40 Code of Federal Regulation (CFR) Part 403.6, Chapter 1, Subchapter N, Chapter 62-625.410, Florida Administrative Code (F.A.C.), and as adopted by reference in Chapter 62-660, F.A.C.; and/or discharges one (1) or more of the federally defined "priority pollutants"; or toxic pollutants, as defined pursuant to Section 307 of the Act (title 33 USC, Section 1317), Florida Statutes (F.S.) or in any applicable local, state or federal rules.

Categorical pretreatment standards shall mean the national categorical pretreatment standards specifying pollutant discharge limits or quantities of pollutants which apply to a specific category of users, as established by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. §1317) and which appear in the appropriate subparts of 40 CFR Chapter I, Subchapter N, and adopted by reference in F.A.C. ch. 62-625.

Cease and desist order shall mean an administrative order directing a user to immediately halt illegal or unauthorized discharges to the county wastewater system.

Chain of custody shall mean a written record of sample possession for all persons who handle (collect, transport, analyze and dispose of) a sample, including the names, dates, times and procedures.

Chemical oxygen demand (COD) shall mean the quantity of oxygen, expressed in milligrams per liter, consumed in the chemical oxidation or decomposition of organic substances using the standard dichromate reflux method as described in EPA's "Methods for the Chemical Analysis of Water and Wastes" or "Standard Methods," latest edition.

Chronic violation shall mean violations in which sixty-six (66) percent or more of all the wastewater measurements taken for the same pollutant parameter during any consecutive six-month period exceed (by any magnitude) a numeric pretreatment standard, limit, or requirement, including instantaneous limits, as defined by 40 CFR Part 403.3(1), Chapter I, Subchapter N and in accordance with 40 CFR Part 403.(8)(f)(2)(viii)(A), Chapter I, Subchapter N and Chapter 62-625, F.A.C.

Civil penalty shall mean, but not be limited to, a monetary fine issued by a court against a violator in a civil case for enforcement of the requirements herein. If a court's civil penalty is a fine, it will have a separate range of severity from that of administrative fines. But see also definition, for this purpose, of code enforcement board and code enforcement special master fines, in chapter 11, Orange County Code.

Color shall mean the "true color" due to the substances in solution using the procedures in EPA's "Methods for the Chemical Analysis of Water and Wastes" or "Standard Methods," latest edition.

Combined waste stream formula shall mean the equation used for the calculation of alternative discharge limits for industrial facilities where regulated wastestream(s) from a categorical user is combined with other wastestreams prior to treatment as set forth in 40 CFR 403.6, Chapter I, Subchapter N and Chapter 62-625.410(6), F.A.C.

Common oil and grease interceptor shall mean an interceptor which receives oil and grease wastes from more than one (1) facility with different operators (owners) or types of activities.

Compatible constituent or pollutant shall mean biochemical oxygen demand, chemical oxygen demand, oil and grease, suspended solids, pH, ammonia, nitrogen, phosphorus and fecal coliform bacteria, and such other constituents so identified in the county's NPDES and FDEP permits, where the public owned treatment works (POTW) or wastewater facility (WWF) have been designed and is capable of treating said constituents to the degree required in the applicable permits.

Compliance order shall mean an administrative order directing a noncompliant user to achieve or to restore compliance by a specified date.

Compliance schedule shall mean a schedule of requisite remedial activities or milestones necessary for a user to achieve compliance with all pretreatment program requirements. A compliance schedule may be set forth in the industrial wastewater discharge permit, consent order or other enforcement documents.

Composite sample shall mean a mixture of discrete grab samples or aliquots taken at the same location but at different times which reflect the average water quality or conditions. Composite samples may be collected on a flow or time proportional basis.

Concentration limit shall mean a limit based on the mass of pollutant per unit volume, usually expressed in milligrams per liter (mg/l).

Consent order shall mean an administrative order embodying a legally enforceable agreement between the control authority and the noncompliant user designed to restore the user to compliance status.

Consistent removal shall mean the average of the lowest fifty (50) percent of the removal efficiencies that are determined for a user or pretreatment facility in accordance with Chapter 62-625.420(1)(b)(2), F.A.C.

Contaminant shall mean any physical, chemical, biological or radiological substance micro-organisms, wastes, or wastewater introduced into a flow of water in a concentration that renders the water unsuitable for its intended use.

Continuous discharge shall mean a discharge which occurs without interruption throughout the operating hours of the industrial facility, except for infrequent shutdowns for maintenance, process changes or other similar activities.

Control authority shall mean the county and as such authority is delegated by the county to the director of utilities in accordance with the provisions of 40 CFR Part 403.8, Chapter I, Subchapter N, 40 CFR Part 403.12, Chapter I, Subchapter N and Chapter 62-625.510, F.A.C.

Control or compliance manhole shall mean a manhole installed by the user at their expense to facilitate observation, compliance inspection, sampling and testing of the process wastestream.

Cooling water shall mean the discharge from air conditioning, cooling, or refrigeration systems which have been used for heat transfer purposes and which may contain chemical additives.

County shall mean Orange County, Florida, except where the context clearly indicates that the limits of the geographical boundaries are meant.

County collection system shall mean the portion of the POTW or WWF that receives discharges from users and conveys the resultant wastewater to the water reclamation facility (WRF). Such system generally consists of gravity sewers, force mains, pump stations and other necessary appurtenances.

County wastewater system shall mean all facilities and interests in the real and personal property owned, operated, managed or controlled by the county now and in the future; and used to provide wastewater service to existing and future customers within the service area of the county.

Customer shall mean the user of the county wastewater system.

Daily maximum limit shall mean the maximum allowable discharge of a pollutant during a twenty-four-hour period, expressed either in units of mass or as the arithmetic average measurement of concentration for all measurements within the twenty-four-hour period.

Development property shall mean any parcel of land that has been, or is about to be, improved to the extent that water and sewer service are necessary prior to its utilization.

Developer shall mean an owner, or agent of the owner, engaged in development, who has the right to negotiate for wastewater services.

Development shall mean a parcel of land, including subdivisions, that has been, or is being improved to the extent that water or wastewater service is necessary prior to its utilization.

Dilute wastestream shall mean, for purposes of the combined wastestream formula, the average daily flow (at least a thirty-day average) from: (a) boiler blowdown streams, noncontact cooling streams, storm waterstreams, and demineralized backwash streams; provided, however, that where such streams contain a significant amount of pollutant, and the combination of such streams, prior to treatment, with an industrial user's regulated process wastestream(s) will result in a substantial reduction of that pollutant, the control authority, upon application of the industrial user, may exercise its discretion to determine whether such stream(s) should be classified as diluted or unregulated; or (b) sanitary wastestreams where such streams are not regulated by a categorical pretreatment standard; or (c) form any process wastestreams which were, or could have been, entirely exempted from categorical pretreatment standards pursuant to Appendix D of 40 CRF Part 403 for one (1) or more of the following reasons:

(1)

The pollutants of concern are not detectable in the effluent from the industrial user;

(2)

The pollutants of concern are present only in trace amounts and are neither causing nor likely to cause toxic effects;

(3)

The pollutants of concern are present in amounts too small to be effectively deduced by technologies known to the approval authority; or

(4)

The wastestream contains only pollutants which are compatible with the POTW.

Direct discharge shall mean the introduction of pollutants from untreated or treated wastewater directly into the waters of the state.

Director shall mean the county director of utilities, who is the county administrative official responsible for administering the county wastewater system, or his authorized deputy, agent, or representative.

Discharge shall mean the introduction of pollutants into the county wastewater system by any nondomestic source that is subject to the regulations of F.S. ch. 403.

Discharge monitoring report shall mean the form for reporting the results of self-monitoring activities as required by the industrial wastewater discharge permit.

Discharge permit. Refer to "Industrial wastewater discharge permit."

Dissolved solids shall mean the solid matter in solution in the wastewater and shall be obtained by evaporation of a sample from which all suspended matter has been removed by filtration as determined by the procedures in EPA's "Methods for the Chemical Analysis of Water and Wastes" or "Standard Methods," latest edition.

Domestic sewage or wastewater shall mean the liquid wastes or water-borne solid or grease wastes (sewage or wastewater) that are produced from noncommercial or nonindustrial activities, and which result from normal human living processes, which are of substantially similar origin and strength to those typically produced in households, including sewage or wastewater from sanitary conveniences, domestic laundry wastes or the preparation and handling of food.

Domestic wastewater facility permit shall mean a document issued by FDEP to the county's water reclamation facilities in accordance with F.A.C. ch. 62-620, for the disposal or reuse of effluent and residuals, or discharge from said facility.

Duplicate or replicate sample shall mean two (2) samples or aliquots collected at the same time from the same location.

Dwelling, multiple shall mean a building designed for, or occupied exclusively by two (2) or more families.

Dwelling (unit), single-family shall mean a building designed for or occupied exclusively by one (1) family. Also designated as "unit."

Effluent shall mean pollutants, partially or completely treated, or in its natural state.

Enforcement response plan (ERP) shall mean the Florida Department of Environmental Protection (FDEP)-approved enforcement procedures followed by the control authority to identify, document, and respond to any violations of this ordinance, as referenced in section 37-749(g)(6) of this article, as prepared in accordance with Chapter 62-625.500, F.A.C., as established by the board of county commissioners, and adopted by county resolution.

Environmental Protection Agency (USEPA or EPA) shall mean the United States 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.

Equalization shall mean a pretreatment process consisting of detention of a wastewater flow in a large tank, sump, or headbox to smooth out surges.

Equivalent residential connection (ERC) shall mean the equivalent residential flow value, determined to equal the flow of three hundred fifty (350) gallons per day, whereby one (1) ERC shall have an assigned value of one (1). The total ERC value for an establishment shall be calculated by multiplying the ERC factor specified in the county rate resolution by the number of units.

Equivalent residential unit (ERU) shall mean the equivalent residential flow value for an establishment, determined to equal the flow of three hundred (300) gallons per day, whereby one (1) ERU shall have an assigned value of one (1). The total ERU value for an establishment shall be calculated by multiplying the ERU factor specified in the county rate resolution by the number of units.

Exceedances shall mean in excess of standards set forth in this ordinance.

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

Florida Administrative Code (F.A.C.) shall mean the codification of administration rules to implement legislation approved by the legislature and the resultant Florida Statutes.

Florida Department of Environmental Protection (FDEP) shall mean the State of Florida Department of Environmental Protection, or where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of such agency that administers the regulations pertaining to the environment in the state authorized by F.S. § 20.255. FDEP is the approval authority for pretreatment programs in the state.

Florida Department of Health (FDOH) shall mean the State of Florida Department of Health, or where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of such agency that administers the regulations pertaining to analytical laboratory certification in the state authorized by Chapter 64E-1, F.A.C. The FDOH through its National Environmental Laboratory Accreditation Program is the approval authority for certification of analytical laboratories and analytical methods in the state.

Flow proportional composite samples shall mean a sampling method which combines discrete aliquots of a sample collected over time, based on the flow of the wastestream being sampled. There are two (2) methods used to collect this type of sample. One (1) method collects a constant sample volume at time intervals which vary based on the flow. That is, a two hundred (200) milliliters (ml) sample is collected for every five thousand (5,000) gallons of flow (discharge). The other method collects aliquots of varying volume that is based on the flow during the constant time interval.

Flow weighted average formula shall mean procedure to calculate alternative limits where wastestreams that are regulated by a categorical pretreatment standard and nonregulated wastestreams are combined after treatment but prior to the monitoring location or control manhole.

Food shall mean any raw, cooked, or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption.

Food court shall mean a designated area in shopping centers or amusement parks where food preparation establishments with different operators (owners) share seating space or plumbing facilities.

Food processing establishment shall mean a commercial establishment in which food is manufactured or packaged for human consumption. The term does not include a food service establishment, retail food store, or commissary.

Food sales establishment shall mean retail and wholesale grocery stores, retail seafood stores, food processing plants, bakeries, confectioneries, fruit, nuts, and vegetable stores and places of business, and similar establishments, mobile or permanent, engaged in the sale of food primarily for consumption off premises.

Food service facility shall mean any commercial establishment which prepares (cuts, cooks, bakes) or serves food or beverages for sale to and/or consumption by the general public on or off-site, or which disposes of food or beverage-related wastes. The term includes; restaurants, coffee shops, cafeterias, short-order cafes, luncheonettes, taverns, lunchrooms, places which manufacture retail sandwiches, soda fountains, institutional cafeterias, catering establishments, food vending vehicles and operations connected therewith; and similar facilities by whatever name called. The term "food service establishment" shall not mean a "food sales establishment," as defined in this division, which does not provide seating or facilities for consumption of food on the premises.

Force main shall mean a pressure pipe that connects the pumped sanitary discharge from a pump station to a point of gravity flow.

Forum shall mean the appeals hearing and hearing examiner described in section 37-749(j) of this article to which any person or user may appeal the enforcement decision, interpretation or order of the director, described only in that section, established by the board of county commissioners, in accordance with the procedures established by county resolution by the board of county commissioners for said appeal.

Garbage shall mean animal or vegetable (solid) wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.

Garbage grinder or disposal shall mean an electric device which shreds solid or semisolid waste materials, generally food-related, into smaller portions for discharge into the county wastewater system.

Generator shall mean a user, by site or facility, who produces wastes from the said user's process operations. The generator is responsible for disposal of the produced wastes in accordance with applicable federal, state and local regulations.

Good-faith effort or progress shall mean prompt and vigorous pollution control measures undertaken by the user which shows that extraordinary efforts (not a "business-as-usual" approach) have been made to achieve compliance as judged solely by the director or county.

Grab sample shall mean a sample which is taken from a waste stream at a specific time and location and on a one-time basis; without regard to flow in the wastestream and consideration of time. Sampling period shall not exceed fifteen (15) minutes.

Hauled wastes shall mean any hauled domestic wastewater, septic tank waste, storm sewer waste, oil and grease intercept/trap waste and hauled industrial wastewater.

Hauler. Refer to "Transporter."

Hazardous waste shall mean a solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics:

(1)

Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or

(2)

Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed, or otherwise managed; or

(3)

Meets one (1) of the following four (4) conditions:

a.

Exhibit a characteristic of a hazardous waste as defined in 40 CFR Sections 261.20 through 262.24; or

b.

Listed as a hazardous substance in 40 CFR Sections 261.31 through 261.33; or

c.

A mixture containing a listed hazardous waste and a nonhazardous solid waste, unless the mixture is specifically excluded or no longer exhibits any of the characteristics of hazardous waste; or

d.

Not excluded from regulation as a hazardous waste.

Hearing examiner shall mean the hearing officer shown in section 37-749(j) of this article to which any person or user may appeal the enforcement decision, interpretation or order of the director, described only in that section, established by the board of county commissioners, in accordance with the procedures established by county resolution by the board of county commissioners for said hearing officer.

High strength wastewater surcharge shall mean the additional charge made in excess of the sewer service charge assessed against commercial or industrial users of the county WWF or commercial or industrial users outside the county system who are, by contract or agreement with the county, users of the county's POTW or WWF, whose wastewater characteristics exceed established limits for designated compatible pollutants.

Homogeneous shall mean uniform characteristics, composition throughout the wastestream of flow regime.

Incompatible pollutant shall mean all pollutants other than compatible pollutants. Specifically, it means any pollutant other than CBOD, suspended solids, pH, and fecal coliform bacteria or other pollutants as identified in the NPDES or FDEP permits, which the wastewater treatment facilities were not designed to treat and do not remove to a substantial degree.

Indirect discharge shall mean the discharge or the introduction of pollutants from any nondomestic source regulated under Sections 307(b), (c) or (d) of the Act (Title 33 USC, Section 1317), into the county POTW or WWF.

Industrial user shall mean any user of the county wastewater system as identified in the Standard Industrial Classification Manual, current edition, that is a source of indirect discharge of industrial wastes and does not constitute a "discharge of pollutants" under regulations issued pursuant to Section 402 of the Act (Title 33 USC, Section 1342).

Industrial wastes shall mean liquid wastes that is produced by any, excluding domestic wastewater and cooling water, industrial or manufacturing, process, trade or business, or institutional, commercial, agricultural, or other nondomestic activity or operation which contains wastes of nonhuman origin, and is not otherwise classified as domestic sewage.

Industrial wastewater discharge permit shall mean the document issued to an industrial user by the county following approval of a complete application. The permit shall authorize the indirect discharge of industrial wastes to the county POTW or WWF in accordance with specific conditions, restrictions and county local limits defined and established by county resolution and as referenced herein.

Infiltration shall mean water unintentionally entering the county wastewater system from sanitary building drains and sewer laterals, from the ground through such means as, but not limited to, defective pipes, pipe joints, connections on manhole walls. Infiltration does not include, and is distinguished from, inflow.

Infiltration/inflow shall mean the total quantity of water flowing into the collection system from nonuser sources.

Inflow shall mean discharge into the county wastewater system from nonuser sources, such as yard drains, roof drains, swimming pool drains, foundation drains, cooling water, springs and swampy areas, manhole covers, catch basins, cross-connections with storm sewers, catch basins, storm water systems, surface runoff, street washers and general drainage. Inflow does not include, and is distinguished from, infiltration.

Influent shall mean water, wastewater or other liquid flowing into a tank, basin, treatment process or treatment facility.

Instantaneous maximum allowable discharge limit shall mean the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample, independent of the industrial (wastestream) flow rate and the duration of the sampling event.

Institutional user shall mean a nonresidential user designated and zoned for public uses, government, schools or religious organizations, such as churches.

Integrated sample shall mean a mixture of discrete grab samples taken from different locations at the same time or within a specified time interval. Typically, integrated samples are used to evaluate the average composition or total loading for combined wastestreams; or to represent various points in a wastestream cross-section which are mixed proportional to their relative flow rates or volumes.

Interference shall mean a discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the county's POTW or WWF, its treatment processes or operations or its bio-solids processes, use or disposal; and therefore, constitutes or causes a violation of the county's NPDES or FDEP permit(s) (including an increase in the magnitude or duration of a violation); or the prevention of wastewater bio-solids reuse or disposal in compliance with any of the statutory/regulatory provisions or permits issued thereunder, or any other more stringent federal, state or local regulations.

Lateral or sewer lateral shall mean the service line from the public sewer, or other place of disposal, to a point five (5) feet outside the building wall.

Lift station. Refer to "Pump station."

Local pollutant shall mean a pollutant or constituent of local concern which may be subject to more stringent standards for effluent disposal, reuse, recycling and disposal or recycling of residuals than mandated by National Categorical Standards in 40 CFR, Part 403.

Local limit shall mean a discharge standard for nonresidential or industrial users of the county POTW or WWF in order to achieve the purposes of this article and for the county to comply with the conditions set forth in their NPDES or FDEP permits for effluent disposal, reuse, recycling and disposal or recycling of residuals.

Lower explosive limit shall mean the minimum concentration of combustible gas or vapor present in air necessary for ignition; that is, the lowest percentage by volume of a mixture that will propagate a flame at twenty-five (25) degrees centigrade and atmospheric pressure.

Maintenance access structure shall mean a cap, cover, hatch, lid, plug, seal, valve or other type of access to a stationary system used to convey wastewater streams or residuals to the county POTW or WWF.

Mass emission rate shall mean the weight of material discharged to the county wastewater system during a given time interval; in pounds per day of the particular constituent or combination of constituents.

Mass limit shall mean a limit based on the weight of pollutant per unit time, usually expressed in pounds per day of the particular constituent (lbs/day).

Maximum allowable concentration shall mean the maximum permissible amount of a pollutant in a wastestream; expressed in units of mass per unit volume, such as milligrams per liter (mg/l).

Measurement shall mean the ability of an analytical method or protocol to quantify and identify the presence of a substance, flow or volume.

Medical wastes shall mean any solid wastes or liquids which may present a threat of infection to humans, such as, 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.

National Categorical Pretreatment Standard refers to categorical pretreatment standards.

National Pollution Discharge Elimination System (NPDES) permit shall mean a permit issued to a POTW pursuant to Sections 307, 318, 402 and 405 of the Act (Title 33 USC, Section 1342) for the discharge of pollutants from point sources into navigable waters, contiguous zones and oceans.

National Prohibited Discharge Standard or prohibited discharge standard shall mean any regulation developed under the authority of Section 307(b) of the Act and 40 CFR 403.5, and F.A.C. ch. 62-625.400, which absolutely prohibits the discharge of certain substances.

Natural outlet shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.

New source shall mean 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 or which will be applicable to a source if such standards are thereafter promulgated in accordance with that section, provided that:

(1)

The building, structure, facility, or installation is constructed at a site at which no other source is located; or

(2)

The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

(3)

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.

(4)

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 paragraphs (1), (2) or (3) above but otherwise alters, replaces, or adds to existing process or production equipment.

(5)

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; or

b.

Any placement, assembly, or installation of facilities or equipment; or

c.

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

d.

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.

Ninety-day compliance report shall mean a report submitted by a categorical industrial user within ninety (90) days following the date for final compliance with applicable categorical standards; or in the case of a new source, after commencement of the discharge to the POTW; that documents and certifies the compliance status of the user in accordance with 40 CFR 403.12 (d) and F.A.C. ch. 62-625.600.

Noncontact cooling water shall mean water used for cooling purposes which does not come in direct contact with any raw material, intermediate product, waste product, or finished product; and the only pollutant that was added to the water was heat.

Nondomestic wastewater shall mean the nonsanitary liquid wastes from industrial processes, commercial processes, commercial laundries. Nondomestic wastewater is considered to have the same meaning as industrial wastewater.

North American Industry Classification System (NAICS) shall mean a classification system based on the type of manufacturing or commercial activity at a facility or site, pursuant to the current edition of the "North American Industry Classification System Manual" as issued by the Executive Office of the President, Office of Management and Budget.

Notice of significant noncompliance (NOSNC) shall mean a document by the control authority notifying a nonresidential user that it has violated one (1) or more of the pretreatment standards or program requirements as set forth in this article or one (1) or more of the criteria classifying the violation as a significant noncompliance.

Notice of violation shall mean a document from the control authority notifying a user that it has violated the pretreatment standards or program requirements set forth in this article.

Oil and grease shall mean materials, either liquid or solid, that are composed primarily of fatty material from animal or vegetable sources, or petroleum-based hydrocarbons.

Oil and grease interceptor shall mean a device designed and constructed in accordance with the Florida Building Code, Orange County Utilities Department Engineering Division's Development Review Section policies, and Orange County Utilities Standards and Construction Specifications Manual, installed outside of the building and constructed to separate, trap and hold solid oil and grease substances from animal or vegetable sources that are present in the discharge from users of the county POTW or WWF. The purpose of the oil and grease interceptor shall be to prevent oil and grease from entering the county POTW or WWF.

Oil and grease trap shall mean a device designed and constructed in accordance with the Florida Building Code, Orange County Utilities Department Engineering Division's Development Review Section policies, and Orange County Utilities Standards and Construction Specifications Manual, installed inside the building and constructed to separate, trap and hold solids, oil and grease substances from animal or vegetable sources that are present in the discharge from users of the county POTW or WWF. The purpose of the oil and grease trap shall be to prevent solids, oil and grease from entering the county POTW or WWF.

Oil and grease trap waste shall mean waste removed from oil and grease interceptors or oil and grease traps, at food and/or beverage service facilities and food and/or beverage sales and processing establishments.

Oil and water separator or interceptor shall mean a device designed and constructed to separate, trap and retain oil and grease substances derived from petroleum hydrocarbons that are found in the discharge from users of the county wastewater system. The purpose of the separator is to prevent petroleum hydrocarbons from entering the county wastewater system and to improve the safety of said system for both county personnel and the general public.

Operating permit. Refer to "Waste hauler operating."

Outfall shall mean the mouth of a sewer, drain or conduit where an effluent is discharged into the receiving waters.

Overload shall mean the imposition of any constituent or hydraulic loading on any treatment, collection, transmission or effluent disposal facilities which are a part of the county wastewater system in excess of that facility's designed or legally authorized (approved) capacity.

Oversized sewer shall mean a sewer extension in, through or past a development which, because of anticipated future extensions or other reasons, is of larger diameter pipe than required to serve the immediate development.

Parcel shall mean a lot or premises serviced by a single water meter and served, or eligible to be served, with a connection to the county wastewater system.

Pass through shall mean the discharge of pollutants through the POTW or any other portion of the county wastewater system into waters of the state or nation in quantities or concentrations which alone or in combination with a discharge or discharges from other sources, is a cause of or significantly contribute to a violation of any requirement of any NPDES or FDEP permit, issued for and applicable to the county wastewater system, including an increase in the magnitude or duration of a violation, or a violation of any contract, resolution, law, rule, regulation, permit, or approval applicable to the industrial, commercial, or agricultural reuse of reclaimed water.

Periodic compliance report or self-monitoring report shall mean a status report summarizing compliance with pretreatment requirements submitted by categorical industrial users to the control authority at least semiannually pursuant to 40 CFR Part 403.12, Chapter I, Subchapter N and Chapter 62-625.600, F.A.C., or as amended.

Permit shall mean a document issued to the county by federal and state regulatory authorities which set out provisions or requirements for the disposal or reuse of effluent or biosolids, or effluent discharges from the county facilities.

Person shall mean any individual, partnership, copartnership, firm, company, association, society, corporation, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, and the singular shall include the plural where indicated by the context.

pH shall mean a measure of the acidity or alkalinity, of a solution, expressed in standard units as the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions, in grams per liter, present in the solution.

Pollutant shall mean constituent(s) or foreign substance(s) that degrade the quality of the water so as to impair or adversely affect the usefulness or function of the water or pose a hazard to public health or the environment. Constituent(s) or foreign substance(s) that are present in water as a result of discharging into said water or waters with the following wastes, but is not limited to; dredged spoil, solid waste, incinerator residue, filter backwash, wastewater, garbage, wastewater bio-solids, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, dirt or municipal, agricultural and industrial wastes. Examples of pollutants include pH, temperature, TSS, turbidity, color, CBOD, COD, toxicity, odors, metals and organics. Refer to contaminant.

Pollution shall mean the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.

Pollution control facility. Refer to "Water reclamation facility."

Pollution prevention shall mean the use of materials, processes or operation and maintenance practices to reduce or eliminate the generation or creation of pollutants at the source before the constituents can enter the wastestream. Pollution prevention includes, but is not limited to, equipment modifications, process or operating alterations, reformulation or redesign of products, substitution or raw materials, and improvements in housekeeping, maintenance, personnel training or inventory control.

Pollution prevention plan shall mean a plan prepared by the user to minimize the likelihood of introducing pollutants in the process wastewater or other types of discharges from their facility.

Pretreatment shall mean 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, introducing such pollutants into the county POTW or WWF. The reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard (Chapter 62-625.410, F.A.C.) and 40 CFR Part 403.5, Chapter I, Subchapter N, unless allowed by an applicable pretreatment standard. Appropriate pretreatment technology includes control equipment, such as equalization tanks of facilities, for protection against surges or slug loading that might interfere with or otherwise be incompatible with the county WWF. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or flows from another regulated process, the discharge from the equalization facility must meet an adjusted pretreatment limit using the combined wastestream formula.

Pretreatment facilities shall mean the equipment, structures and processes that are configured together for the treatment of user wastestreams prior to discharge to the county wastewater system.

Pretreatment program shall mean the program that is administered and enforced by the control authority in compliance with 40 CFR 403.8 and as approved by the approval authority (FDEP) in accordance with F.A.C. ch. 62-625.500.

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

Pretreatment standards shall mean any regulation containing pollutant discharge limits, as established in F.S. ch. 403, which applies to industrial users, and includes the prohibited discharge standards, categorical standards and local limits.

Private sewage or wastewater system shall mean a sewage collecting, treating, and disposal facility that is installed, maintained and owned by persons other than the county; and which may be connected to the county wastewater system.

Private wastewater collection system shall mean a wastewater collection system installed, maintained, operated, and owned by persons other than the county; and which may be connected to the county wastewater system.

Private wastewater disposal system shall mean a wastewater treatment and disposal facility maintained and owned by persons other than the county; and is not connected to the county wastewater system.

Process wastewater shall mean any water which, during manufacturing or processing, comes into direct contact with or results from the production of or use of any raw material, intermediate product, finished product, byproduct, or waste product.

Prohibited discharge standards or prohibited discharges shall mean the absolute prohibition against the discharge of specific substances or wastes due to their noncompatible characteristics and deleterious effects on the county wastewater system. Prohibited discharge standards are in section 37-735 of this article.

Properly shredded garbage shall mean the wastes from the preparation, cooking and dispensing of food that have 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 (½) inch (0.125 centimeters) in any dimension. The installation and operation of any garbage grinder equipped with a motor of three-fourths (¾) horsepower or greater shall be subject to the review and approval by the county.

Property owner or owner shall mean the title holder of record for the premises being served or proposed to be served by the county wastewater system.

Proprietary information shall mean information about a commercial chemical, product, or process which is considered to be confidential business information or a trade secret by an industrial user because if divulged, the information could put the industrial user at an unfair competitive disadvantage with competitors in the same industry.

Public sewer shall mean a sanitary sewer, other than a building sewer, that is owned or controlled by the county.

Publicly owned treatment works (POTW) shall mean a treatment works as defined by Section 212 of the Act (Title 33 USC, Section 1292) which is owned by the county. This definition includes the county POTW or WWF and any devices or systems that are used for collection, conveyance, storage, treatment, reuse, reclamation, effluent transmission or disposal of wastewater or industrial wastes of a liquid nature. Facilities include any public sewers, pump stations, treatment plants, WRFs, storage tanks, effluent transmission and disposal facilities, and reclaimed water system and facilities; but does not include pipes, sewers or other conveyances not connected to a facility providing treatment.

Pump station or lift station shall mean the facility containing pumps and appurtenances that conveys wastewater through the collection system to the treatment works.

Quality assurance shall refer to a management/administrative check on procedures and practices used during sampling and analysis that ensure the accuracy, precision, reproducibility and representativeness of the reported data.

Receiving waters shall mean the body of water or water course (canal, ditch, lake, river, stream or wetland) that receives the discharge from the POTW or formed by the waters from such discharge.

Reclaimed water shall mean water or treated wastewater which, as a result of treatment of wastes, is suitable for direct beneficial uses or a controlled use by public, agricultural, commercial, resident, industrial, or institutional projects or development that would not occur otherwise.

Regulated wastestream shall mean an industrial process wastestream regulated by a national categorical pretreatment standard.

Removal shall mean a reduction in the amount of a pollutant in the WRF's effluent or alteration of the nature of a pollutant during treatment at the WRF. The reduction or alteration can be achieved by physical, chemical, or biological means and may be the result of specifically designed capabilities at the WRF or may be incidental to the operation of the treatment system. Dilution shall not be considered removal.

Representative sample shall mean a sample collected from a wastestream that is as nearly identical as possible in composition to the larger volume of the flow stream that is being discharged to the county wastewater system during a normal operating day.

Residuals shall mean the solid, semisolid or liquid residues that are generated during the treatment of wastes or wastewater in a pretreatment or treatment facility. Typically residuals do not include grit, screenings or incinerator ash. Refer to biosolids or sludge.

Sanitary fixtures shall mean any toilets or sinks, either fixed or mobile, used for the disposal of human body wastes.

Sanitary sewer shall mean a pipe which carries sewage and to which storm, surface and ground waters are not intentionally admitted.

Search warrant shall mean a document issued by a judge that authorizes government entry into private premises either to observe compliance with applicable laws (ordinances) or to gather evidence of noncompliance.

Self-monitoring shall mean sampling and analyses performed by the user or the control authority of regulated discharge at the expense of the industrial user to ensure compliance with the permit or other regulatory requirements as set forth in 40 CFR Part 403.12(b) and (g), Chapter I, Subchapter N and Chapter 62-625.600, F.A.C.

Septage shall mean the sludge or solids produced in individual on-site wastewater treatment systems, such as septic tanks and cesspools.

Septic tank shall mean a subsurface impervious tank designed to temporarily retain sewage on-site or similar waterborne wastes together with:

(1)

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

(2)

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

Septic tank wastes shall mean any material or sewage from holding tanks, such as chemical toilets, campers, trailers, mobile homes, cesspools and septic tanks, or individual on-site wastewater treatment systems.

Septicity shall mean the condition resulting from biological degradation of organic materials in waste waters in the absence of free oxygen, either in solution or in the environment, usually resulting in production of hydrogen sulfide and odors.

Settleable solids shall mean that matter in wastewater not staying in suspension during a preselected settling period, such as one (1) hour, but either settles to the bottom or floats to the top.

Severe property damage shall mean substantial physical damage to property, the user's treatment facilities so as to render them inoperable or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage shall not mean economic loss due to delays in production.

Sewage shall mean a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters, and infiltration and inflow, as may be present. Refer to wastewater.

Sewage treatment plant. Refer to "Wastewater treatment plant" or "Water reclamation facility."

Sewer shall mean a pipe or conduit for conveying sewage or wastewater.

Sewer, branch shall mean a public sewer with a lateral sewer tributary to it, and which discharges into a trunk sewer of the county wastewater collection system.

Sewer, lateral shall mean a public sewer which has only building sewers and connections tributary to it, and which discharges into a branch sewer of the county wastewater collection system.

Sewer, trunk shall mean a principal or primary public sewer line with branch and lateral sewers tributary to it.

Sewerage system or works shall mean any processes, systems, equipment and facilities for the collection, storage, treatment, recycling and reclamation of domestic and industrial wastewaters. Facilities, systems and equipment include interceptor sewers, outfalls, collection systems, pump stations, power systems; and appurtenances, extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable supply of reclaimed water or effluent and residuals in compliance with applicable permits, such as treatment units, treatment processes, telemetry, central systems and manpower; any works, including land, that is an integral part of the treatment process or facilities or is used in combination for the ultimate disposal or recycling of residuals resulting from such treatment; and ancillary facilities, such as emergency power generation, monitoring equipment, storm water systems and life safety support equipment. Refer to POTW.

Shall shall be mandatory. May shall be permissive or discretionary.

Significant commercial user shall mean any commercial user of the county wastewater system which has:

(1)

A discharge flow of ten thousand (10,000) gallons or more per day during any day of any calendar year; or

(2)

A discharge containing one (1) or more of the compatible pollutants; or

(3)

A discharge which has been found by the director or FDEP to potentially have a significant impact, either singly or in combination with other contributing users, on the county wastewater system.

Significant industrial user shall mean any industrial user of the county POTW or WWF which meets one (1) or more of the following criteria:

(1)

Discharges a flow of twenty-five thousand (25,000) gallons or more per day, during any day, during any calendar year, to the county wastewater system, excluding sanitary and domestic wastes, noncontact cooling water, condensate, storm water and boiler blowdown wastes; or

(2)

Contributes a process waste stream which makes up more than five (5) percent or more of the average dry weather hydraulic or organic design capacity (allowable pollutant loading) of a county wastewater treatment plant receiving the indirect discharge; or

(3)

Subject to a national categorical pretreatment standard as described in 40 CFR, Subchapter N, Parts 405-471 and as adopted by reference in Chapter 62-660, F.A.C.; or

(4)

Discharges one (1) or more of the federally defined "priority pollutants"; or toxic pollutants, as defined pursuant to Section 307 of the Act, Florida Statutes or in any applicable local, state or federal rules; or

(5)

Found by the county, EPA or FDEP to have a significant impact, either singly or in combination with other contributing industries, on the county collection system, the quality of sludge, the quality of the reclaimed water or effluent, or air emissions generated by the county wastewater system.

(6)

Designated as such by the director on the basis that it has a reasonable potential for adversely affecting the operation of the county POTW or WWF or violating any pretreatment standard or requirement in accordance with Chapter 62.625.500, F.A.C.

(7)

Upon a finding by the director or the county that a user meeting the criteria above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the county may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6) and Chapter 62-625.410, F.A.C., determine that such user should not be considered a significant industrial user.

Significant noncompliance (SNC) shall mean a nonresidential user whose violation meets one (1) or more of the following criteria as defined in 40 CFR Part 403.8(f4)(2)(viii), Chapter I, Subchapter N and Chapter 62-625.500(8), F.A.C.:

(1)

Chronic violations of wastewater discharge limits; or

(2)

Technical review criteria (TRC) for violations; or

(3)

Any other discharge violation of a pretreatment standard, limit or requirement as defined by 40 CFR Part 403.3(1), Chapter I, Subchapter N (daily maximum, long-term average, instantaneous limit, or narrative standard) that the control authority or the director believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of county personnel or the general public; or

(4)

Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the director exercising emergency authority to halt or prevent such a discharge; or

(5)

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

(6)

Failure to provide within thirty (30) 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, as required by and authorized by this article; or

(7)

Failure to accurately report noncompliance; or

(8)

Any other violation(s) which the director determines will adversely affect the operation or implementation of the local pretreatment program.

Silver-rich solution shall mean a solution containing sufficient silver that cost-effective recovery of the constituent could be performed. Silver-rich solutions shall include fixers, bleach-fixers, low-flow washes and other functionally similar solutions.

Silver test paper shall mean a test paper coated with an analytical reagent which reacts by changing color in relationship to the amount of silver in the solution. A reference color code allows determination of the approximate concentration of silver in the solution; or an equivalent test determining this concentration.

Sludge shall mean the accumulated solids or residuals that separate from liquids or water during chemical treatment, coagulation, flocculation, sedimentation, flotation or biological oxidation of wastes or wastewater at a pretreatment or treatment facility. Refer to biosolids or residuals.

Slug discharge or slug shall mean any discharge of a nonroutine or episodic nature, such that the concentration of any given constituent in the flow or the volume of the flow exceeds more than five (5) times the average twenty-four-hour concentration for that constituent or quantity of flow during normal operation. Furthermore, such discharge could cause a violation of the prohibited discharge standards or local limits set forth in this article, or to the extent that the discharge interferes with the operation of the collection system or treatment works, or the reuse or disposal of the effluent or residuals.

Slug (accidental) discharge control plan shall mean detailed plans showing facilities and operating procedures to provide control of slug (accidental) discharges.

Source control or reduction shall mean control of the introduction or reducing the amount of pollutants that enter a wastestream at the point of production or their origins. Refer to pollution prevention.

Spill containment plan (SCP) shall mean detailed plans, prepared by the user, showing facilities and operating procedures to prevent and to provide protection from spills, including containment, rapid response and clean-up.

Spill prevention (accidental discharge) and control plan shall mean a plan prepared by a user to minimize the likelihood of a spill and to expedite control and cleanup activities should a spill occur. Refer to pollution prevention plan.

Split sample shall mean a portion of a collected sample given to the industry or to another agency for the purpose of verifying or comparing laboratory results.

Standard methods shall mean the current edition of "Standard Methods for the Examination of Water and Wastewater," as published jointly from time to time by the American Public Health Association, Water Environment Federation and American Water Works Association. The reference is a compendium of generally recognized and approved analytical protocols for constituents in domestic and industrial wastewaters.

State shall mean the State of Florida.

Stormwater shall mean any flow that occurs during or following any form of natural precipitation, and resulting therefrom.

Stormwater system or storm drain (sometimes termed "storm sewer") shall mean a collection system or sewer which conveys storm and surface waters and drainage, but excludes sewage and industrial wastes, other than noncontact cooling water, to a treatment/disposal facility.

Surcharge shall mean a charge to a user for the discharge of abnormally high strength, compatible pollutants to the county wastewater system above the standards or criteria set forth in this article. The charge is based on the loading of a particular pollutant in pounds; and is levied in addition to the regular wastewater service charges or fees.

Surcharging of the sanitary sewer shall mean the sewer is receiving more wastewater or sewage than its full flowing hydraulic capacity which results in manhole water levels above the top of the sewer pipe.

Surface waters shall mean 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.

Suspended solids shall mean the matter that either floats on the surface of, or is in suspension in water, wastewater or other liquids, and which is removable by various filtering and settling techniques in accordance with EPA protocols or Standard Methods, current edition.

Technical review criteria (TRC) shall mean violations in which thirty-three (33) percent or more of all of the wastewater measurements taken for the same pollutant parameter during any consecutive six-month period equals or exceeds the product of the numeric pretreatment standard, limit or requirement including instantaneous limits, as defined by 40 CFR Part 403.3(1), Chapter I, Subchapter N, multiplied by the applicable TRC: (TRC = 1.4 for BOD, TSS, total oil and grease and 1.2 for all other pollutants except pH), in accordance with 40 CFR Part 403.8(f)(2)(viii)(B), Chapter I, Subchapter N and Chapter 62-625, F.A.C.

Time proportional composite sample shall mean a mixture of discrete, equal volume, grab samples taken at different times at the same location. The time interval is proportional to the flow volume or rate.

Total dissolved solids (TDS) shall mean the portion of solids that passes through a filter of 2.0 micrometers (or smaller) nominal pore size under specified conditions as measured by the procedures in EPA's "Methods for the Chemical Analysis of Water and Wastes", or "Standard Methods", current edition.

Total kjeldahl nitrogen (TKN) shall mean the analytical quantity of organic nitrogen and ammonia that is determined together and is equal to the sum of the concentration of ammonia and organically bound nitrogen in the tri-negative oxidation state in accordance with protocols in EPA's "Methods for the Chemical Analysis of Water and Wastes", current edition.

Total metals (TM) shall mean the sum of the concentration of copper, nickel, total chromium and zinc. If the concentration of a pollutant is below the detection limit, then one-half (½) of that value shall be used in this determination.

Total nitrogen (TN) shall mean the sum of the concentrations of the various forms of nitrogen, including the components of TKN, nitrite and nitrates as measured by the procedures in EPA's "Methods for the Chemical Analysis of Water and Wastes", current edition.

Total phosphorus (TP) shall mean the sum of the concentrations of the various forms of phosphorus, including orthophosphate, condensed phosphates and organically bound phosphorus as measured by the procedures in EPA's "Methods for the Chemical Analysis of Water and Wastes" or "Standard Methods", current edition.

Total recoverable petroleum hydrocarbons (TRPH) shall mean the quantity of those substances as determined by EPA Method 418.1 or as amended by EPA; that is, organic compounds containing less than twenty (20) carbon atoms and are extractable into an organic liquid.

Total toxic organics (TTO) shall mean the sum of all quantifiable concentrations greater than 0.01 milligrams per liter of specific toxic organics listed in 40 CFR Part 413.02(i), Chapter I, Subchapter N and 40 CFR Part 122, (Appendix D, Table II, III, IV, and V), Chapter I, Subchapter N, as amended from time to time, as measured by procedures in "Methods for the Chemical Analysis of Water and Wastes" or "Standard Methods", current edition, or with other approved EPA protocols.

Toxic organics management plan (TOMP) shall mean a strategy for keeping track of all solvents delivered to a site, their storage, use and disposal. This includes keeping spent solvents segregated from process wastewaters to maximize the value of the recoverable solvents, to avoid contamination of other segregated wastes, and to prevent the discharge of toxic organics to the county's POTW or WWF or the environment. The plan should address the control of spills and leaks and also ensure that there is no deliberate dumping of solvents.

Toxic pollutant shall mean any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the EPA under the provision(s) of the Clean Water Act, Section 307(a), as amended from time to time, or other federal or state acts.

Toxicant shall mean a substance that kills or injures an organism through its chemical or physical action or by alteration of its environment. Examples include cyanides, phenols, pesticides and heavy metals.

Transporter shall mean a user or hauler who conveys wastes from the site of generation in a tank truck or rail car to an approved facility or location for treatment, disposal or reuse (recycling). The transporter is responsible for complying with applicable federal, state and local regulations regarding transportation of the produced wastes.

Turbidity shall mean a condition in water or wastewater caused by the presence of suspended matter, resulting in the scattering and absorption of light rays. Also, a measure of fine suspended matter in liquids; usually reported in arbitrary turbidity units determined by measurements of light diffraction.

Twenty-four-hour flow proportional composite sample shall mean a mixture of discrete sample aliquots that are collected during a twenty-four-hour period in which the portions are proportional to the flow, taken at constant time intervals, and combined to form a representative sample.

Under-the-sink oil and grease trap shall mean a device that is designed for a flow of less than fifty (50) gpm that is installed inside the building beneath or in close proximity to the sink or other facilities likely to discharge oil and grease from animal or vegetable sources in an attempt to separate, trap or store these fat soluble substances and prevent their entry into the collection system.

Unpolluted water shall mean water to which no constituent has been added, either intentionally or accidentally, which would render such water unacceptable to any person having jurisdiction thereof for disposal to, storm or natural drainages, or directly to surface waters.

Unregulated wastestream shall mean a wastestream that is neither regulated by a national categorical pretreatment standard nor considered a dilute wastestream.

Upset shall mean an exceptional incident in which there is unintentional and temporary noncompliance with applicable national categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include temporary noncompliance to the extent caused by, but not limited to, operational error, improperly designed or inadequate treatment facilities, lack of preventive maintenance or careless or improper operation as described in 40 CFR 403.16(a) and Chapter 62-625.840, F.A.C.

User shall mean a source of indirect discharge to the county's WWF; that is, any person who contributes, causes or permits the contribution of sewage or wastewater into the county's POTW or WWF. Notwithstanding the language in this definition, waste haulers shall be included under the definitions for "user" and "transporter."

Waste hauler. Refer to "Transporter" and "User."

Waste hauler operating permit shall mean the permit issued to waste haulers for the disposal of hauled waste to the WRF and/or service (remove wastes from or maintain) oil and grease interceptors, oil and grease traps, pump stations, oil and water separators, or sand interceptors/traps that discharge to the county's POTW or WWF, as set forth in section 37-739 of this article.

Waste minimization shall mean the reduction of pollutants or wastes after their generation and prior to discharge. Refer to pollution prevention and source control.

Wastewater shall mean the liquid and water carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, mobile sources, treatment facilities, and institutions or other sources, together with any ground water, surface water and storm water that may be present, whether treated or untreated, which are discharged to or permitted to enter the county wastewater system. Refer to sewage.

Wastewater constituents and characteristics shall mean the individual chemical, physical, bacteriological, and radiological parameters, including volume and flow rate and such other parameters that serve to define, classify or measure the contents, quality, quantity and strength of wastewater.

Wastewater facility (WWF) shall mean any or all of the following: the entire county sewerage system or POTW, the county's wastewater treatment plant or WRF, the county's reuse and disposal system, including any sewers that convey wastewater to the county's wastewater treatment plant or WRF, to the county POTW or WWF from persons outside the Orange County POTW or WWF who are, by contract or agreement with the county, users of the county POTW or WWF and as defined in Chapter 62-625.200(24), F.A.C.

Wastewater treatment plant shall mean an arrangement of devices, equipment, processes and structures for treating domestic and industrial wastes by removing pollutants from the flowstream. Refer to water reclamation facility.

Watercourse shall mean an artificially created or naturally occurring geological feature (channel) in which a flow of surface water occurs, either continuously or intermittently.

Water management division director shall mean the director of the water management division within the EPA, Region IV—Atlanta, or that person's delegated representative.

Water reclamation facility (WRF) shall mean that portion of the county wastewater system which is designed to provide treatment of sewage or wastewater (domestic and industrial wastes) to a level such that the discharge meets the criteria, and state and local standards for reuse or recycling.

Waters of the state shall mean any surface or ground water located within the boundaries of the state as defined in F.S. § 403.031, or Chapter 62-302, F.A.C., or elsewhere in Chapter 62, F.A.C.

[(b)

Abbreviations and undefined terms.]

(1)

The following abbreviations, when used in this article, shall have the designated meanings:

BCC - Board of county commissioners

BMP - Best management plan or practice

BMPP - Best management practices plan

BMR - Baseline monitoring report

BOD - Biochemical oxygen demand

ºC - Degrees Celsius or centigrade

CFR - Code of Federal Regulations

COD - Chemical oxygen demand

CIU - Categorical industrial user

DO - Dissolved oxygen

EPA - U.S. Environmental Protection Agency

ERC - Equivalent residential connection

ERU - Equivalent residential unit

ºF - Degrees Fahrenheit

F.A.C. - Florida Administrative Code

FDEP - Florida Department of Environmental Protection

FDOH - Florida Department of Health

F.S. - Florida Statutes

gpd - gallons per day

L - Liter

LEL - Lower explosive limit

MAS - Maintenance access structure

mg/L - milligrams per liter

MGD - million gallons per day

MSDS - Material safety data sheet

NAICS - North American Industry Classification System

NOSNC - Notice of significant noncompliance

NOV - Notice of violation

NPDES - National Pollutant Discharge Elimination System

O&G - Oil and grease

OGPP - Oil and Grease Prevention Program

POTW - Publicly owned treatment works

PPM - Parts per million

RCRA - Resource Conservation and Recovery Act

SIU - Significant industrial user

SNC - Significant noncompliance

SWDA - Solid Waste Disposal Act

TDS - Total dissolved solids

TKN - Total kjeldahl nitrogen

TN - Total nitrogen

TOMP - Toxic Organics Management Plan

TRPH - Total recoverable petroleum hydrocarbons

TSS - Total suspended solids

TTO - Total toxic organics

U.S.C. - United States Code

WRF - Water reclamation facility

WWF - Wastewater facility

(2)

Terms not otherwise defined herein shall be as set forth in Title 40 CFR, Chapter 62, F.A.C., or as adopted in the latest edition of "Standard Methods for the Examination of Water and Waste water" published by American Public Health Association, the American Water Works Association and the Water Environment Federation; the Manual of Practices as researched and published by the Water Environment Federation, American Society of Civil Engineers (ASCE) and the American Society of Testing Materials (ASTM); applicable building and plumbing codes; and the Guidance Manuals and protocols that have been prepared and published by the U.S. Environmental Protection Agency (EPA) and the Florida Department of Environmental Protection (FDEP).

(Ord. No. 2002-20, § 1, 12-3-02; Ord. No. 2009-19 , § 6, 7-14-09)