§ 57.02 DEFINITIONS.
   Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
   ACT or THE ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.
   ADMINISTRATOR. The administrator of the U.S. Environmental Protection Agency or his/her duly authorized representative.
   APPROVAL AUTHORITY. The Department of Environmental Protection or its successor agencies.
   AUTHORIZED REPRESENTATIVE. A principal executive officer of at least the level of vice president if the industrial user is a corporation, a general partner or proprietor if the industrial user is a partnership or sole proprietorship, or an individual if such representative is responsible for the overall operation of the facility. The individuals described 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 city.
   BOD (denoting BIOCHEMICAL OXYGEN DEMAND) The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20°C, expressed in milligrams per liter (mg/1).
   BEST MANAGEMENT PRACTICES (BMPs). Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Chapter 62-625.400(1)(a) and (2), F.A.C. BMPs 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. [Note: BMPs also include alternative means (i.e., management plans) of complying with, or in place of certain established categorical pretreatment standards and effluent limits.]
   BYPASS. The intentional diversion of wastewater streams from any portion of an industrial user's treatment facility.
   CATEGORICAL INDUSTRIAL USER. An industrial user subject to a categorical pretreatment standard or categorical standard.
   CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with 33 U.S.C. 1317 which apply to a specific category of users and which appear in Rule 62-660.400(1)(e), F.A.C.
   CHEMICAL OXYGEN DEMAND (COD). A measure of oxygen required to oxidize all compounds, both organic and inorganic, in water.
   CITY. The City of Hollywood, Florida, the City Commission, City Manager, or the duly authorized staff, agent or the representative acting on behalf of the City Commission to supervise and manage the operation of the publicly owned water and wastewater facilities.
   COOLING WATER. The water discharged from a building subsequent to its use for purposes connected with air conditioning, cooling, refrigeration, or for other purposes to which the only pollutant added is heat.
   DAILY MAXIMUM. The arithmetic average of all effluent samples for a pollutant collected during a calendar day.
   DAILY MAXIMUM LIMIT. 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.
   DEP. The State of Florida's Department of Environmental Protection or its successor agency in function.
   DIRECTOR. The person designated by the city as the Director of the Public Services Department, whose job it is to supervise the operation of the publicly-owned treatment works, or his/her duly authorized deputy, agent, or representative.
   DISCHARGE. The introduction of pollutants into a POTW from any nondomestic source regulated under F.S. Ch. 403.
   DOMESTIC WASTEWATER. A combination of water-carried wastes which shall not exceed the following concentrations: 250 mg/l BOD, 250 mg/l TSS, 30 mg/l TKN and 15 mg/l phosphorus.
   EASEMENT. A grant by the owner of land for a specific use of land by a person or persons, or by the public generally. For the purposes of this chapter, easement means a grant of land by a developer or other party, for the purpose of operating, managing and construction of water and wastewater facilities.
   ENVIRONMENTAL PROTECTION AGENCY (EPA). 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, or designee of the agency, including the Florida Department of Environmental Protection.
   EXISTING SOURCE. Any source of discharge that is not a new source.
   GARBAGE. Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage, and sale of produce.
   GRAB SAMPLE. A sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.
   HAZARDOUS WASTE PHARMACEUTICAL. A pharmaceutical that is a solid waste, as defined in Title 40 of the Code of Federal Regulations, Section 261.2, and exhibits one or more characteristics identified in 40 CFR part 261 subpart C or is listed in 40 CFR part 261 subpart D.
   HEALTHCARE FACILITY. Any person that is lawfully authorized to: (a) provide preventative, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, and counseling, service, assessment or procedure with respect to the physical or mental condition, or functional status, of a human or animal or that affects the structure or function of the human or animal body; or (b) distribute, sell, or dispense pharmaceuticals. This definition includes but is not limited to wholesale distributors, third party logistics providers that serve as forward distributors, military medical logistics facilities, hospitals, psychiatric hospitals, ambulatory surgical centers, health clinics, physicians' offices, optical and dental providers, chiropractors, long-term care facilities, ambulance services, pharmacies, long-term care pharmacies, mail-order pharmacies, retailers of pharmaceuticals, veterinary clinics, and veterinary hospitals.
   INDIRECT DISCHARGE. The introduction of pollutants into the POTW from any nondomestic source.
   INDUSTRIAL USER. A source of indirect discharge as regulated under 33 U.S.C. 1317, as amended from time to time.
   INDUSTRIAL WASTE SURCHARGE. The charge made for all wastewater over and above normal wastewater charges.
   INDUSTRIAL WASTES. The liquid wastes discharged from industrial manufacturing processes, trades, or businesses and having characteristics different from domestic wastewater.
   INFILTRATION/INFLOW. Ground water and surface water which leaks into the sewers through cracked pipes, joints, manholes or other openings.
   INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT. The maximum concentration 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. A discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
   (1)   Inhibits or disrupts the POTW, its treatment processes or operations, or its domestic wastewater residuals processes, use or disposal; and
   (2)   Is a cause of a violation of any requirement of the POTW's permit (including an increase in the magnitude or duration of a violation) or prevents use or disposal of domestic wastewater residuals in compliance with local regulations or rules of DEP and F.S. Ch. 403.
   LOCAL LIMIT. Specific discharge limits developed and enforced by the city upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in Chapter 62-625.400(1)(a) and (2), F.A.C.
   MAY. A word that when utilized in this chapter has a permissive meaning.
   MEDICAL WASTE. 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.
   MONTHLY AVERAGE. 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. 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 or PRETREATMENT STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with the Clean Water Act, as amended from time to time, being 33 U.S.C. 1251 et seq.
   NATURAL OUTLET. Any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
   NEW SOURCE.
   (1)   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 which will be applicable to such source if the 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 shall be considered.
   (2)   Construction of a new 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 (1)(b) or (1)(c) above but otherwise alters, replaces, or adds to existing process or production equipment.
   (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 is 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 section.
   NONCONTACT COOLING WATER. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
   NORMAL WASTEWATER. Wastewater discharged into the sanitary 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.
   OWNER. A person desiring or receiving service.
   PASS THROUGH. A discharge which exits the POTW into waters of the state or of the United States 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 POTWs permit (including an increase in the magnitude or duration of a violation).
   PERMIT. A permit, including a No Discharge (ND) permit, issued to a POTW in accordance with Chapter 62-620, F.A.C.
   PERSON. Any individual, firm, company, association, society, corporation, or group.
   pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.
   PHARMACEUTICAL. Any drug or dietary supplement for use by humans or other animals; any electronic nicotine delivery system (e.g., electronic cigarette or vaping pen); or any liquid nicotine (e-liquid) packaged for retail sale for use in electronic nicotine delivery systems (e.g., pre-filled cartridges or vials). This definition includes but is not limited to dietary supplements, as defined by the Federal Food, Drug and Cosmetic Act; prescription drugs, as defined by Title 21 of the Code of Federal Regulations part 203.3(y); over-the counter drugs; homeopathic drugs; compounded drugs; investigational new drugs; pharmaceuticals remaining in non-empty containers; personal protective equipment contaminated with pharmaceuticals; and clean-up material from spills of pharmaceuticals. PHARMACEUTICAL does not include dental amalgam or sharps.
   POLLUTANT. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical waste, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal or agricultural wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
   POLLUTION. The man-made or man-induced alteration of the chemical, physical, biological or radiological integrity of water.
   PRETREATMENT. 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 discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration may be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by Rule 62-625.410(5), F.A.C. Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities for protection against surges or slug discharges that might interfere with or otherwise be incompatible with the POTW. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with Rule 62-625.410(6), F.A.C.
   PRETREATMENT PROGRAM. A program administered by a public utility that meets the criteria established in Rule 62-625.500, F.A.C.
   PRETREATMENT REQUIREMENT. Any substantive or procedural requirement related to pretreatment, other than a pretreatment standard, imposed on an industrial user.
   PRETREATMENT STANDARD. A prohibited discharge standard, categorical pretreatment standard, or local limit. This term includes prohibitive discharge limits established in rule 62-625.400, F.A.C.
   PRIVATE SEWAGE DISPOSAL SYSTEM. Any individual on-site sewage treatment and disposal system such as septic tanks, cesspools and similar facilities, but not including package sewage treatment plants.
   PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all articles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (½) inch (1.27 centimeters) in any dimension.
   PUBLICLY OWNED TREATMENT WORKS (POTW). A treatment works which is owned in this instance by the city. This definition includes any sewers that convey wastewater to the treatment works, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment.
   PUBLIC SEWER. A sewer in which all owners of abutting properties have equal rights, and which is controlled by the city or other public authority.
   REMOVAL. A reduction in the amount of a pollutant in the POTW's effluent or alteration of the nature of a pollutant during treatment at the POTW. The reduction or alteration can be obtained by physical, chemical or biological means and may be the result of specifically designed POTW capabilities or may be incidental to the operation of the treatment system. Removal as used in this chapter shall not mean dilution of a pollutant in the POTW.
   REVERSE DISTRIBUTOR. Any person that receives and accumulates prescription pharmaceuticals that are potentially creditable hazardous waste pharmaceuticals for the purpose of facilitating or verifying manufacturer credit. Any person, including forward distributors, third-party logistics providers, and pharmaceutical manufacturers, that processes prescription pharmaceuticals for the facilitation or verification of manufacturer credit is considered a REVERSE DISTRIBUTOR.
   SANITARY SEWER. A sewer which carries sewage and to which storm, surface waters, and ground waters are not intentionally admitted.
   SEPTIC TANK WASTE. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
   SEWAGE. Human excrement and gray water (household showers, dishwashing operations, etc.)
   SEWAGE TREATMENT PLANT. All facilities for treatment and disposal of sewage.
   SEWAGE WORKS. All facilities for collecting, pumping, treatment, and disposal of sewage.
   SEWER. A pipe or conduit for carrying sewage.
   SHALL and WILL are words that when utilized in this chapter have a mandatory meaning.
   SIGNIFICANT INDUSTRIAL USER. Except as provided in (3) below, the following shall apply:
   (1)   All industrial users subject to categorical pretreatment standards under Rule 62-625.410, F.A.C., and 40 CFR Chapter 1, Subchapter N, which has been adopted by reference in Chapter 62-660, F.A.C.
   (2)   Any other industrial user that discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding domestic wastewater, noncontact cooling and boiler blowdown wastewater); contributes a process waste stream which makes up 5 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 POTW's operation or for violating any pretreatment standard or requirement in accordance with Rule 62-625.500(2)(e), F.A.C.
   (3)   The control authority may determine that an industrial user subject to categorical pretreatment standards is a non-significant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than 100 gallons per day of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:
      (a)   The industrial user, prior to the control authority’s finding, has consistently complied with all applicable categorical pretreatment standards and requirements;
      (b)   The industrial user annually submits the certification statement required by Rule 62-625.600(11), F.A.C., together with any additional information necessary to support the certification statement; and
      (c)   The industrial user never discharges any untreated concentrated wastewater.
   (4)   Upon a finding that an industrial user meeting the criteria in subsection (2) above has no reasonable potential for adversely affecting the POTW's 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. (see § 57.12).
   SIGNIFICANT VIOLATION. A violation which remains uncorrected for 45 days after notification of noncompliance, which is part of a pattern of noncompliance over a 12 month period; which involves a failure to accurately report noncompliance; or which results in the POTW exercising its emergency authority to halt or eliminate immediately a discharge.
   SLUG DISCHARGE. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 57.05 of this chapter. A slug discharge is any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non- customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW’s regulations, local limits or permit conditions.
   STANDARD INDUSTRIAL CLASSIFICATION (SIC). A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, in 1972, as amended from time to time.
   STATE. The State of Florida or regulatory agency within the state government having jurisdiction over a particular topic of concern.
   STORM DRAIN (sometimes termed STORM SEWER). A sewer which carries storm and surface waters and drainage but excludes sewage and industrial wastes, other than unpolluted cooling water.
   STORM WATER. Waters from rainfall runoff. Storm water specifically excludes sewage and industrial wastes.
   SUSPENDED SOLIDS. Solids that either float on the surface of, or are in suspension in, water, sewage or other liquids, and which are removable by laboratory filtering.
   TOXIC POLLUTANT. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of the Clean Water Act, as amended from time to time, being 33 U.S.C. 1251 et seq.
   UNUSUAL. Not ordinary, in most cases referring to greater than normal amounts of a contaminant in the domestic wastewater.
   UPSET. 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.
   USER or INDUSTRIAL USER. A source of indirect discharge.
   WASTEWATER. 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 POTW.
   WATERCOURSE. A channel in which a flow of water occurs, either continuously or intermittently.
(Ord. O-99-45, passed 12-1-99; Am. Ord. O-2001-41, passed 10-17- 01; Am. Ord. O-2012-16, passed 7- 18-12; Am. Ord. O-2020-05, passed 3-20-20)