Okaloosa County BOCC — August 2, 2016 — proposed Water & Sewer Ordinance (tracked changes version) — reading text

right, and power right. Physical. See "assets, tangible" below. Tangible means permanent property of a physical nature such as lands, buildings, mineral deposits, wells, reservoirs, plant equipment of all kinds, utensils, furnishings, merchandise intended for immediate use and permanent improvements. Authority means a department or unit of a public agency created to perform a single function or a restricted group of related activities. Usually such units are financed from service charges, fees, and tolls, but in some instances they also have taxing powers. An authority may be completely independent of other governments for its creation, its financing, or the exercise of certain powers. Authorized or Duly Authorized Representative of the User. (1) If the User is a corporation: a. The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other 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 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 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 individuals described in paragraphs (1) through (3),above, 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 County Board means the Board of County Commissioners of Okaloosa County, Florida. Bypass means the intentional diversion of wastewater streams from any portion of an industrial user’s treatment facility. Best Management Practices (BMPs)mean schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in subsections 62-625.400(1)(a) and (2), F.A.C. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, industrial sludge or waste disposal, or drainage from raw materials storage Page 9 of 118 Betterment means an addition made to, or change made in, a fixed or capital asset which is expected to prolong its life, expand its capacity, or increase its efficiency beyond initial design parameters and over and above that arising from maintenance, and the cost of which is therefore added to the book value of the asset. The term is sometimes applied to sidewalks, sewers, and highways, but it is preferable to designate these as "improvements." See also improvements. Biochemical Oxygen Demand (BOD). means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 20 degrees centigrade, usually expressed as a concentration (e.g., milligrams per liter). Building drain means that part of the piping of a building which collects sewage inside the walls of the building and conveys it to outside the building wall. Building sewer means the extension from the building drain to the public sewer laterals or other place of disposal. Also called house connection. Capital costs means cost of major rehabilitation, betterments, expansion or upgrading required as facilities reach the end of their useful life. Categorical Industrial User means an industrial user subject to categorical pretreatment standards under Rule 62- 625.410, F.A.C., including 40 CFR Chapter I, Subchapter N, Parts 405 through 471, as of July 1, 2009, hereby adopted and incorporated by reference. Categorical standards means National Categorical Pretreatment Standards Chemical oxygen demand (COD) means a measure of the oxygen required to oxidize all compounds, both organic and inorganic in water, usually expressed as a concentration (e.g., milligrams per liter). Cities mean all incorporated cities or towns or their city councils in Okaloosa County, Florida. City administrator means the person designated by the city council to administer all city activities. City council means the duly elected officials of the cities. Collection system (sewer) means the sewer lines and appurtenances used and useful in the collection and conveyance of sewerage. See also "sanitary sewer." Commercial user (customer) means all retail stores, restaurants, office buildings, laundries, and other private business and service establishments. Composite sample means a collection of individual samples obtained at regular intervals, usually every one or two hours during a 24-hour time span. Each individual sample is combined with the others in proportion to the rate of flow when the sample was collected. The resulting mixture (composite sample) forms a representative sample and is analyzed to determine the average conditions during the sampling period. Consistent Removal means the average of the lowest 50 percent of the removal measured in accordance with subsection 62-625.420(2), F.A.C. Control authority shall refer to the Director of Okaloosa County Water and Sewer designated by the Board of County Commissioners of Okaloosa County, Florida. Cooling water means the water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat. Page 10 of 118 County means Okaloosa County Florida Customer (user) means every person who is responsible for contracting (expressly or implicitly) with the Board in obtaining, having or using water or connections with water or sewer taps to the water or sewer system of the Board and in obtaining, having, or using water or sewer and other related services furnished by the board for the purpose of using water and disposing of sewage through said sewer system. Said term shall not include the occupants of each unit of a multiple-family dwelling unit building. They are a separate and distinct customer or user. Daily Maximum. 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. Direct discharge means the discharge of treated or untreated sewage directly to the waters of the State of Florida. Director means the Director of the Okaloosa County Water and Sewer Department or his/her designee. Discharge means the introduction of pollutants into a WWF from any non-domestic source regulated under Chapter 403, F.S. Easement means an acquired legal right for the specific use of land owned by others. Enterprise fund means a fund established to account for operations (a) that are financed and operated in a manner similar to private business enterprises where the intent of the governing body is that the costs (expenses, including depreciation) of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges; or (b) where the governing body has decided that periodic determination of revenues earned, expenses incurred, and/or net income is appropriate for capital maintenance, public policy, management control, accountability, or other purposes. Examples of enterprise funds are those for water, sewer, gas, and electric utilities; swimming pools; airports; parking garages; and transit systems. Environmental Protection Agency or EPA means the U.S. Environmental Protection Agency, or where appropriate the term may also be used as a designation for the administrator or other duly authorized official of said agency. Existing Source means any source of discharge that is not a “New Source.” Fixed means permanent property, such as land, buildings, sewer collection pipelines, tanks, rights and benefits (tangible and intangible), permanently employed in the rendering of a service or in the production of a product. Floatable oil means oil, fat or grease in a physical state such that it will separate by gravity from sewage by treatment in an approved pretreatment sewage facility. Sewage shall be considered free of floatable fat if it is properly pretreated and the sewage does not interfere with the sewage collection system. Flush toilet means the common flush commode in general use for the disposal of human excrement. Garbage means the animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods. Governmental shall include legislative, judicial, administrative, and regulatory activities of federal, state, and local governments. Page 11 of 118 Governmental user includes legislative, judicial, administrative, and regulatory activities of federal, state and local governments. Grab Sample means an individual, discrete sample collected at a specific time. A grab sample includes all sub samples or aliquots (e.g. individual containers for specific analytes or analyte groups), sample fractions (e.g. total and filtered samples), and all applicable field quality control samples (e.g. field sample duplicates or split samples) collected at the same locations within a time not exceeding 15 minutes. Health officer means the Okaloosa County Environmental Health Director. Holding tank sewage means any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, cesspools, and vacuum-pump tank trucks. Improvements means buildings, other structures, and other attachments or annexations to land which are intended to remain so attached or annexed, such as sidewalks, trees, drives, tunnels, drains, and sewers. Sidewalks, curbing, sewers, and highways are sometimes referred to as "betterments", but the term "improvements" is preferred. Indirect discharge means the discharge or the introduction of non-domestic pollutants from any source regulated under Section 307(b) or (c) of the CWA, (33 U.S.C. 1317), into the POTW (including holding tank sewage discharged into the system). Industrial user shall include any non-governmental, non-residential user of publicly owned sewer treatment works which is identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented, under the following divisions: Division A-Agriculture, Forestry, and Fishing; Division B Mining; Division D Manufacturing; Division E Transportation, Communications, Electric, Gas and Sanitary; and Division I Services. Industrial waste surcharge means the