§ 70-32. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Act and the Act mean the Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), 33 USC 1251 et seq.

Approval authority means the Florida Department of Environmental Protection (FDEP).

Authorized or duly authorized representative of the industrial user means:

(1)

If the industrial user is a corporation:

a.

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

b.

The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual or general wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(2)

If the industrial user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

(3)

If the industrial user is a federal, state or local governmental facility: a director or the highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or its designee.

(4)

The individuals described in subsections (1) through (3) of this definition may designate a duly 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 city.

Best management practices (BMPs) means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in sections 70-51 through 70-57. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

Biochemical oxygen demand (BOD ₅ or BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for a period of five days at 20 degrees Celsius, usually expressed as a concentration (e.g., mg/L).

Building official means the director of building, zoning and licensing for the city.

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

Carbonaceous biochemical oxygen demand (CBOD ₅ or CBOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter, excluding that used to oxidize reduced forms of nitrogen, under standard laboratory procedures for a period of five days at 20 degrees Celsius, usually expressed as a concentration (e.g., mg/L).

Categorical industrial user means an industrial user subject to categorical pretreatment standards under rule 62-625.410, F.A.C.

Categorical pretreatment standard and categorical standard mean any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Act which applies to a specific category of industrial users and which appears in 40 CFR chapter I, subchapter N, parts 405 through 471.

Chemical oxygen demand (COD) means a measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water. For samples of a specific source, COD can be related empirically to BOD, CBOD, organic carbon, or organic matter content.

City means the City of Ocala.

Color means the optical density at the visual wavelength of maximum adsorption, relative to distilled water. One hundred percent transmittance is equivalent to zero optical density.

Commercial user means a source of indirect discharge.

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

Control authority means the city.

Daily maximum means the arithmetic average of all effluent samples for a pollutant collected during a calendar day.

Daily maximum limit means the maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

Director means the director of the city department of water and sewer, designated by the city to administer the operation of the sanitary sewage system, and who is charged with certain duties and responsibilities by this article.

Discrete sample means a separate and distinct sample collected as any grab sample or as any separate and distinct sample collected as part of a composite sample.

Environmental Protection Agency and EPA means the U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency.

Existing source means any source that is not a new source as defined elsewhere in this section.

Food industry customer means any restaurant, bakery, deli, meat market, fish/seafood market or commercial establishment that prepares or cooks food, either for takeout service or to be consumed on-site, either retail or wholesale.

Grab sample means a sample that is taken from a wastewater stream without regard to the flow in the wastewater stream and over a period of time not to exceed 15 minutes.

Grease interceptor system means a grease interceptor system sized in accordance with Florida Administrative Code, or a grease interceptor system that in the opinion of the plumbing official is of sufficient capacity to facilitate adequate grease removal.

Indirect discharge and discharge mean the introduction of pollutants into the wastewater treatment facility from any nondomestic source.

Industrial user or user means a source of indirect discharge.

Industrial waste or industrial wastewater means any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product, or to which a man-made or man induced alteration of the chemical, physical, biological and radiological integrity has occurred.

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

Interference means a discharge which, alone or in conjunction with a discharge or discharges from other sources:

(1)

Inhibits or disrupts the wastewater treatment facility, its treatment processes or operations or its sludge processes, use or disposal; and

(2)

Therefore is a cause of a violation of any requirement of the city's wastewater treatment facility operating permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory or regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: section 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA), including title II (commonly referred to as the Resource Conservation and Recovery Act (RCRA)); or state regulations contained in chapter 62-640 Florida Administrative Code.

Local limit means specific discharge limits developed and enforced by the city upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CRF 403.5(a)(1) and (b).

Medical waste means isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes or dialysis wastes.

Monthly average means the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

Monthly average limit means the highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

New source means:

(1)

Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which is commenced after the publication of proposed pretreatment standards under section 307(c) of the Act which will be applicable to such source if such standard is thereafter promulgated in accordance with that section, provided that:

a.

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

b.

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

c.

The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.

(2)

Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of subsection (1)b. or c. of this definition but otherwise alters, replaces or adds to existing process or production equipment.

(3)

Construction of a new source has commenced if the owner or operator has:

a.

Begun, or caused to begin, as part of a continuous on-site construction program:

1.

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

2.

Significant site preparation work, including clearing, excavation or removal of existing buildings, structures or facilities which is necessary for the placement, assembly or installation of new source facilities or equipment; or

b.

Entered into a binding contract 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 contract under this subsection.

Non-contact cooling water means water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product or finished product.

Non-significant categorical industrial user means an industrial user that discharges 100 gallons per day (gpd) or less of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and:

(1)

Has consistently complied with all applicable categorical pretreatment standards and requirements;

(2)

Annually submits the certification statement required in Section 70-97, together with any additional information necessary to support the certification statement; and

(3)

Never discharges any untreated categorical process wastewater.

Pass-through means a discharge which exits the wastewater treatment facility into waters of the state in quantities or concentrations which, alone or in conjunction with discharges from other sources, is a cause of a violation of any requirement of the city's wastewater treatment facility operating permits, including an increase in the magnitude or duration of a violation.

Permit means a permit issued to a WWF in accordance with Chapter 62-620, F.A.C.

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

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

Pollutant means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, agricultural wastes, medical wastes, chemical wastes, industrial wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, or discharge which affects characteristics of the wastewater (i.e., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, odor).

Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of introducing such pollutants into the wastewater treatment facility. This reduction or alteration can be obtained by physical, chemical or biological processes, by process changes or by other means, except as prohibited by Rule 62-625.410(5), F.A.C.

Pretreatment device means any device, equipment or system designed to accomplish pretreatment.

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

Pretreatment standards means prohibitive discharge standards, categorical pretreatment standards, and local limits.

Prohibited discharge standards and prohibited discharge mean absolute prohibitions against the discharge of certain substances. These prohibitions appear in section 70-51.

Recurrent maintenance means the removal of settleable and floatable solids from the grease interceptor system by pumping the contents of the grease interceptor system no less than once every month. The pumping of contents will be satisfactory if the effluents from the grease interceptor system will not discharge into the wastewater treatment facility within six hours from completion of a pumping event. This shall apply to qualifying grease interceptor systems only. Qualifying shall mean that the system meets or exceeds the capacity standard of the building official.

Septic tank waste means any sewage from holding tanks such as chemical toilets, campers, trailers and septic tanks.

Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become 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 does not mean economic loss caused by delays in production.

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

Significant changes means flow increases of ten percent or greater, or the discharge of any previously unreported pollutants by an industrial user.

Significant industrial user, except as provided in paragraphs (3) and (4) of the definition of this term, means:

(1)

Categorical industrial users; and

(2)

Any other industrial user which:

a.

Discharges an average of 25,000 gallons or more of process wastewater per workday (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);

b.

Contributes a process waste stream equal to or greater than five percent of the average hydraulic or organic capacity of the wastewater treatment facility; or

c.

Is designated as significant by the city on the basis that the industrial user has a reasonable potential for adversely affecting the wastewater treatment facility's operation or for violating any pretreatment standard or requirement.

(3)

The city may determine that a categorical industrial user is a "non-significant categorical industrial user" as such term is defined elsewhere in this section.

(4)

Upon finding that an industrial user meeting the criteria of paragraph (2) of this definition has no reasonable potential for adversely affecting the WWF's operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

Slug load means any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in section 70-51, or any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the WWF's regulations, local limits, or permit conditions.

Standard industrial classification (SIC) code. A classification pursuant to the Standard Industrial Classification Manual issued by the U.S. Office of Management and Budget.

Stormwater means any flow occurring during or following any form of natural precipitation and resulting therefrom.

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

Total suspended solids (TSS) means the solids held in suspension which are removed by standard laboratory filtration procedures, also known as total nonfilterable residue or total suspended matter.

Toxic pollutant means any one of the pollutants, or combination of those pollutants, listed as toxic in regulations promulgated by the EPA under the provision of section 307 of the Act (33 USC 1317), as amended from time to time.

Treatment plant effluent means any discharge of pollutants from the wastewater treatment facility into waters of the state.

Upset means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation.

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

Wastewater treatment facility (WWF) means a treatment works, as defined by section 212 of the Act (33 USC 1292), which is owned by the city. This definition refers to the city sanitary sewer system, including, without limitation, any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes and any conveyances which convey wastewater to the treatment plant. The term also refers to the city in its capacity as the entity with jurisdiction over the industrial users and responsibility for the operation and maintenance of the treatment works.

Wastewater treatment plant and treatment plant mean that portion of the wastewater treatment facility designed to provide treatment of sewage and industrial wastewater.

Waters of the state means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the state or any portion thereof.

(Code 1985, § 24-61.1; Ord. No. 2215, § 1, 5-21-91; Ord. No. 2242, § 1, 11-26-91; Ord. No. 2787, § 2, 9-16-97; Ord. No. 5820, § 1, 2-19-08; Ord. No. 2012-26, § 1, 5-1-12)

Cross reference

Definitions generally, § 1-2.