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

charge made in excess of the sewer service charge for all sewage over and above normal domestic sewage (wastewater). Industrial wastes mean the sewage from industrial processes as distinct from domestic sewage. Infiltration/inflow means groundwater and surface water which leaks into the sewers through cracked pipes, joints, manholes or other openings. Institutional user includes social, charitable, religions and educational activities such as schools, churches, hospitals, nursing homes, penal institutions and similar institutional users. Instantaneous Limit means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event. Intangible means any element of value applied to permanent property of a non-physical nature such as a franchise, trademark, patent, copyright, good will, cost of organizing, developing, and establishing; also, such items as going value, right of access, water right, and power right Interference means the inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the POTW operating permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with 405 of the CWA, (33 U.S.C. 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent State criteria (including those contained in any State sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW. Page 12 of 118 Local Limit means specific discharge limits developed and enforced by the County upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b). Maximum Allowable Industrial Loading means the total mass of a pollutant that all industrial users and other controlled sources may discharge without causing pass through or interference. Medical Waste means 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. Method Detection Limit or “MDL” means an estimate of the minimum amount of a substance that an analyte process can reliably detect. An MDL is analyte-specific and matrix-specific and is laboratory dependent. 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. National Categorical Pretreatment Standard means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the CWA (33 U.S.C. 1347) which applies to a specific category of industrial users. National Pollution Discharge Elimination System or NPDES permit means a permit issued pursuant to Section 402 of the CWA (33 U.S.C. 1342). National prohibitive discharge standard or prohibitive discharge standard means any regulation developed under the authority of 307(b) of the CWA and 40 CFR, Section 403.5. Natural outlet means any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body or surface of groundwater. Normal domestic wastewater (sewage) means sewage discharged into the sewers in which the average concentration of total suspended solids and BOD is not more than 250 mg/l, total phosphorus is not more than 15 mg/l, total Kjeldahl nitrogen is not more than 30 mg/l; and total flow is not more than 25,000 gallons per day. New Source means: (1) Any building, structure, facility or installation from which there is or may be a discharge. The construction of which commenced after the publication of proposed pretreatment standards under section 307(c) of the CWA which will be applicable to such source if such standards are 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 Page 13 of 118  existing plant and the extent to which the new facility is engaged in the same general type of activity as the existing source shall 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 subparagraph (1)b. or (1)c. above but otherwise alters, replaces, or adds to existing process or production equipment; or (3) Construction of a new source, as defined in this chapter, 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. b. 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 rule. Non-contact Cooling Water means water used for cooling that 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 subsection 62-625.600(17), F.A.C., together with any additional information necessary to support the certification statement; and (3) Never discharges any untreated categorical process wastewater. Operation and maintenance means those functions that result in expenditures during the useful life of the water or sewage works for materials, labor, utilities, and other items which are necessary for managing and maintaining the water or sewage works to achieve the capacity and performance for which such works were designed and constructed. The term "operation and maintenance" includes replacement. Pass Through means a discharge which exits the WWF into waters of the State in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the WWF’s permit (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, co-partnership, firm, company, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context. This definition includes all Federal, State, and local governmental entities. Page 14 of 118 pH means a measure of the acidity or alkalinity of a solution, expressed in standard units. Pit Privy means shored, vertical pit in the earth completely covered with a flytight slab on which is securely located a flytight riser covered with hinged flytight seat and lid. Pollutant means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, Medical Wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor). Pollution means the manmade or man-induced alteration of the chemical, physical, biological, and radiological integrity of water. POTW means public owned treatment works. POTW wastewater treatment plant means that portion of the POTW designed to provide treatment to sewage. Pretreatment or treatment means the reduction of the amount of pollutants, the elimination of pollutants, the alteration of the nature of pollutants or the alteration of the nature of pollutant properties in sewage to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or by process changes or other means, except as prohibited by 40 CFR Section 403.6(d). Pretreatment Program means a program administered by a public utility that meets the criteria established in Rule 62-625.500, F.A.C. Pretreatment requirements means any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial or commercial user. Pretreatment Standard means any regulation containing pollutant discharge limits promulgated by the EPA under Sections 307(b) and (c) of the CWA or by the Department under Chapter 403, F.S., which applies to industrial users. This term includes prohibitive discharge limits established in Rule 62-625.400, F.A.C. Prohibited Discharge Standards or Prohibited Discharges means absolute prohibitions against the discharge of certain substances. These prohibitions appear in Section 24-234 of this ordinance. Properly shredded garbage means the sewage from the preparation, cooking, and dispensing of food that has 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-inch in any dimension. Public sewer means a common sewer controlled by the Board and is owned and maintained by the Board in public rights-of-way or easements. Publicly owned treatment works (POTW) means a treatment works as defined by Section 212 of the CWA, (33 U.S.C. 1292) which is owned in this instance by the Board. This definition includes any sewers that convey sewage to the POTW but does not include pipes, sewers or other conveyances not connected to a facility providing wastewater treatment. For the purposes of this article, "POTW" shall also include any sewers that convey sewage to the POTW from persons