§ 74-101. Definitions.

(a)

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

Act or the Act means the Clean Water Act, 33 U.S.C. 1251, et seq. (2011), and as may be amended from time to time.

Approval authority means the Florida Department of Environmental Protection (FDEP) or its successor agencies.

Best management practice ("BMP") means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions of this division listed in sections 74-103 and 74-103.5. BMP includes treatment standards, operational procedures, and practices to control plant site runoff, spillage or leaks, industrial sludge or waste disposal, or drainage from raw materials storage. A BMP is enforceable and considered a pretreatment standard; however, only the environmental protection agency has the authority to establish a BMP for categorical pretreatment standards.

Biochemical oxygen demand ("BOD") means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20 degrees Celsius expressed in terms of weight and concentration (milligrams per liter—mg/l).

Building sewer means the conduit or pipe conveying wastewater from the plumbing drain system of a building to the sewer collection facilities of the city.

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

Categorical industrial user means an industrial user subject to categorical pretreatment standards.

Chemical oxygen demand ("COD") means a measure of the oxygen required to oxidize organic matter and oxidizable inorganic compounds in water.

City of Port Orange Sewer System ("COPOSS") means all facilities for collecting and pumping wastewater which are owned and controlled by the city.

Combined wastestream formula ("CWF") means a procedure for calculating alternative discharge limits at industrial facilities where a regulated wastestream from a categorical industrial user is combined with other wastestreams prior to treatment or discharge as provided for in Rule 62-625.410 (6), F.A.C.

Control authority means the city manager or his designee, acting on behalf of the city as its agent if the city has an approved pretreatment program under the provisions of Rule 62-625.510, F.A.C.

Conventional pollutant means a conventional pollutant as listed in 40 CFR 401.16; these include BOD, total suspended solids, fecal coliform bacteria, oil and grease and pH for which the wastewater facility is designed to treat and, in fact, does remove to a substantial degree.

Dilute wastestream, for purposes of the combined wastestream formula, means the average daily flow (at least 30-day average) from:

(a)

Boiler blowdown streams, noncontact cooling streams, and demineralized backwash streams (provided, however, that where such streams contain a significant amount of a pollutant, and the combination of such streams, prior to treatment, with the industrial users regulated, process wastestream(s) will result in a substantial reduction of that pollutant, the city manager or his designee, upon application of the industrial user, may exercise discretion to determine whether such stream(s) should be classified as diluted or unregulated. In its application to the city manager or his designee, the industrial user must provide engineering, production, sampling and analysis, and such other information so that the city manager or his designee can make a determination);

(b)

Sanitary wastestreams where such streams are not regulated by a categorical pretreatment standard; or

(c)

Any wastestreams in which:

(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 reduced by current technologies; or

(4)

The wastestream contains only pollutants which are compatible with the wastewater facility.

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

Daily maximum limit means the expressed 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.

Discharge means the introduction of pollutants into a wastewater facility from any nondomestic source regulated under F.S. ch. 403 (2011).

Domestic user means any person who contributes wastewater into the city's wastewater facility from a domestic connection.

Environmental protection agency ("EPA") means 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 the agency.

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

Florida Department of Environmental Protection ("FDEP") means 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 the agency.

Food service means any establishment engaged in the preparation, handling, sale, or dispensing of food stuffs, such as, but not limited to, restaurants, bars, nursing home and hospital kitchens, boarding home kitchens, soup kitchens, bakeries, cafeterias, ice cream parlors and manufacturers, convenience stores, food processors, and other facilities where cooking oil, grease, food, or food products may be introduced into the sanitary sewer system.

Grease interceptor means a tank (preferably concrete) constructed according to Chapter 64E-6 F.A.C. and installed in the wastewater line, of a minimum size of 750 gallons, leading from the sinks, floor drains, can wash, mop sinks, service sinks, or floor sinks in a food service facility.

Hazardous substance means the following:

(a)

Any hazardous substance listed or designated pursuant to section 307(a), section 311(b)(2)(A) or section 102 of the Act.

(b)

Any hazardous air pollutant listed under section 112 of the Act.

(c)

Any imminently hazardous chemical substance or mixture with respect to which the administrator has taken action pursuant to section 7 of the Toxic Substances Control Act or its implementing regulations (40 CFR parts 712 and 716).

(d)

Any substance listed as hazardous in 40 CFR parts 116, 117 or 302.

(e)

Any material having the characteristics identified under or listed pursuant to section 3001 of RCRA and listed in 40 CFR 261.

Holding tank waste means any waste from holding tanks, such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.

Industrial user means a source of discharge from a non-domestic connection to the wastewater facility.

Instantaneous limit means the maximum allowable concentration of a pollutant determined from the analysis of any grab or composite sample collected regardless of the industrial flow rate or the duration of the sampling event.

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

(a)

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

(b)

Causes a violation of any requirement of any permit held by the wastewater facility (including an increase in the magnitude or duration of a violation) or prevents sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations); section 405 of the Act (33 U.S.C. 1345), SWDA, RCRA, and state regulations contained in any state sludge management plan prepared pursuant to title D of the SWDA, the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act, or any other applicable federal or state legislation or regulation.

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 section 74-103.

Measurement or minimum detection level ("MDL") means the lowest level of accurate identification or quantification used in an analytical method.

Medical waste means any waste from medical procedures, processes or functions, including, 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.

Minor user means a user whose discharge may not significantly impact the wastewater facility, degrade receiving water quality and/or contaminate sludge. Although a minor user is not a categorical user, it has the potential to discharge a non-domestic or process wastestream.

North American Industry Classification System ("NAICS") means the standard used by federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the U.S. business economy. The NAICS replaced the standard industrial classification system.

National categorical pretreatment standard or categorical pretreatment standard or categorical standard means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to existing or new industrial users in specific industrial subcategories as listed in Chapter 62-625.410, F.A.C., and contained in separate regulations established by the EPA under the appropriate subpart of 40 CFR Chapter I, subchapter N, parts 405—471.

National Pollution Discharge Elimination System ("NPDES") permit means a permit issued pursuant to section 402 of the Act (33 U.S.C. 1342).

New source means 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 the proposed national categorical pretreatment standards under section 307(c) of the Act, 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 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.

Non-contact cooling water means:

(a)

Uncontaminated. Water used for cooling purposes only which has no direct contact with any raw material, intermediate or final product and which does not contain a level of contaminants detectably higher than that of the city's potable water except for heat.

(b)

Contaminated. Water used for cooling purposes which may become contaminated either through the use of water treatment chemicals used as corrosion inhibitors or biocides, or by direct contact with process materials and/or wastewater.

Non-significant categorical industrial user ("NSCIU") 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:

(a)

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

(b)

Annually submits the certification statement required in subsection 74-114(k)(1) together with any additional information necessary to support the certification statement; and

(c)

Never discharges any untreated categorical process wastewater.

Pass through means a discharge that exits the wastewater facility to receiving waters of the United States or to the reclaimed water system, sludge or deepwell injection system 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 any permit held by the wastewater facility (including an increase in the magnitude or duration of a violation).

Permit means a written warrant or license granted by one having authority.

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

pH means the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

Pollutant means any substance introduced directly or indirectly into water so as to cause pollution, including, but not limited to, dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste.

Pollution means the manmade or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

Pretreatment or treatment means the reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a wastewater facility. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes or other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

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

Pretreatment standard means any regulation containing pollutant discharge limits to a wastewater facility and/or COPOSS promulgated by the EPA, state or city. This includes, but is not limited to, categorical standards and the general and specific prohibitive discharge limits established pursuant to Rule 62-625.200(20), F.A.C., and the city's local limits. Where the EPA, state and city have established a pretreatment standard for a specific pollutant, the most stringent standard shall apply.

Prohibited discharge standard or prohibited discharge means an absolute prohibition against the discharge of certain substances set forth in section 74-103.

Reclaimed water means water that has received at least secondary treatment and is reused as a nonpotable water source after flowing out of a wastewater treatment plant.

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

Responsible corporate officer means:

(a)

The president, secretary, treasurer, or vice president of a 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:

(1)

Is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations;

(2)

Is authorized to initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations;

(3)

Can assure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and/or

(4)

Has been assigned or delegated the authority to sign documents in accordance with corporate procedures.

Sample means a representative part of a larger whole which can be presented as evidence of quality. Samples are recognized depending on the collection method as follows:

(a)

Grab sample. 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.

Sewage means human excrement and gray water, such as water from household showers, dishwashing operations, etc.

Significant industrial user ("SIU") means except as provided in (b) and (c) below, the following:

(a)

Any categorical industrial user that discharges an average of 25,000 gallons per day or more of process wastewater to the wastewater facility and/or COPOSS (excluding domestic wastewater, noncontact cooling and boiler blowdown wastewater); contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the treatment plant; or is designated as such by the control authority on the basis that the industrial user has a reasonable potential for adversely affecting the wastewater facility's and/or COPOSS operation or for violating any pretreatment standard or requirement in accordance with Rule 62-625.500(2)(e), F.A.C.

(b)

The control authority may determine that 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, is a non-significant categorical industrial user.

(c)

Upon a finding that an industrial user meeting the criteria in subsection (a) above has no reasonable potential for adversely affecting the wastewater facility's and/or COPOSS operation or for violating any pretreatment standard or requirement, the control authority may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with Rule 62-625.500(2)(e), F.A.C., determine that such industrial user is not a significant industrial user.

Significant noncompliance ("SNC") means an industrial user shall be in significant noncompliance if its violation(s) meet(s) or exceed(s) one or more of the following criteria in subsections (a) through (h) below. Additionally these criteria shall include provisions for at least annual public notification of industrial users which were in significant noncompliance with applicable pretreatment requirements at any time during the previous 12 months. Public notification shall be included in a newspaper of general circulation within the jurisdiction served by the city that meets the requirements of F.S. §§ 50.011 and 50.013, (2011).

(a)

Chronic violations of wastewater discharge limits defined here as those in which 66 percent or more of the measurements taken during a six-month period exceed (by any magnitude), a numeric pretreatment standard or requirement, including instantaneous limits;

(b)

Technical review criteria ("TRC") violations defined here as those in which 33 percent or more of all the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, multiplied by the following applicable TRC:

(1)

For conventional pollutants, TRC=1.4 or 40 percent over the limit;

(2)

For all other pollutants, TRC=1.2 or 20 percent over the limit except pH;

(c)

Any other violation of a pretreatment standard or requirement (daily, maximum, or longer-term average, instantaneous limit, or narrative standard) that the control authority determines has caused, alone or in combination with other discharges, interference (e.g., slug loads) or pass through, or has endangered the health of the wastewater facility employees or the general public;

(d)

Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment, or any discharge that results in the wastewater facility's use of its emergency authority to halt or prevent such a discharge;

(e)

Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;

(f)

Failure to provide within 45 days after the due date, required reports such as 90-day compliance reports, baseline monitoring reports, periodic self-monitoring reports and reports on compliance with the compliance schedules;

(g)

Failure to accurately report noncompliance; or

(h)

Any other violation or group of violations including BMP's that the control authority determines will adversely impact on the operation or implementation of the local pretreatment program.

Slug, slug loading, or slug discharge means any pollutant (including conventional pollutants) released in a discharge at a flow rate, level or concentration which may reasonably be expected to cause interference with the operation of the treatment works and/or COPOSS. Discharges may be of a nonroutine, episodic nature, including but not limited to, an accidental spill or a noncustomary batch discharge.

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

Total suspended solids ("TSS") 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.

Toxic pollutant means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the environmental protection agency or the Florida Department of Environmental Protection under the provision of section 307(a) of the Act or any other acts, including Chapter 62-625.400, F.A.C.

Treatment works means any devices or systems used by the city in the storage, treatment, disposal, recycling or reclamation of domestic sewage or industrial wastes of a liquid nature including interceptor sewers, outfall sewers, sewage collection systems, reclaimed water systems, injection wells, pumping, power or other equipment and appurtenances; extensions, improvements, remodeling, additions or alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; any works, including land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment; and including sanitary sewer systems.

Unregulated wastestream means, for purposes of the combined wastestream formula, a wastestream that is not regulated by a national categorical pretreatment standard and is not considered a dilute wastestream.

Violation means any incident or condition which fails to comply with requirements stated in the industrial user's wastewater discharge permit or BMP, which fails to comply with pretreatment requirements, or which fails to comply with the terms of this division.

Wastewater means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together with any solids and other pollutants which may be present, whether treated or untreated, which is contributed into or permitted to enter the wastewater facility and/or COPOSS.

Wastewater discharge permit ("WDP") means a permit issued by the city which authorizes the discharge of industrial wastewater into the wastewater facility and/or COPOSS by a significant industrial user or minor users as set forth in section 74-113 of this division.

Wastewater facility ("WWF") means a treatment works as defined by section 212 of the Act (33 U.S.C. 1292) which is owned by the city. This definition includes the (COPOSS) and any devices or systems used in the collection/transmission system, treatment plant, and reuse or disposal system.

Wastewater facility or WWF management means the chief operator or the operator on duty.

(b)

The following abbreviations shall have the designated meanings:

BMP—Best management practice.

BOD—Biochemical oxygen demand.

CFR—Code of Federal Regulations.

COD—Chemical oxygen demand.

COPOSS—City of Port Orange Sewer System.

CWF—Combined wastestream formula.

EPA—Environmental Protection Agency.

F.A.C.—Florida Administrative Code.

FDEP—Florida Department of Environmental Protection.

mg/l—Milligrams per liter.

NAICS—North American Industry Classification System.

NSCIU—Non-significant categorical industrial user.

NPDES—National pollutant discharge elimination system.

RCRA—Resource Conservation and Recovery Act, 42 U.S.C. 6901, et seq.

SIU—Significant industrial user.

SWDA—Solid Waste Disposal Act, 42 U.S.C. 6901 et seq.

TSS—Total suspended solids.

U.S.C.—United States Code.

WDP—Wastewater discharge permit.

WWF—Wastewater facility.

(Ord. No. 2012-17, § 1, 7-24-12)