§ 200.02 ABBREVIATIONS AND DEFINITIONS.
   (A)   For the purpose of Chapters 200, 201, and 202, abbreviations shall have the designated meanings as follows:
BOD
Biochemical Oxygen Demand
BMP
Best Management Practice
BMR
Baseline Monitoring Report
CFR
Code of Federal Regulations
CIU
Categorical Industrial User
COD
Chemical Oxygen Demand
EPA
U.S. Environmental Protection Agency
FAC
Florida Administrative Code
FDEP
Florida Department of Environmental Protection
FOG
Fats, Oil and Grease
FSE
food service establishment
Gpd
gallons per day
IU
Industrial User
l
Liter
mg/l
milligrams per liter
NPDES
National Pollutant Discharge Elimination System
 
NSCIU
Non-Significant Categorical Industrial User
O&M
Operation and Maintenance
POTW
Publicly Owned Treatment Works
RCRA
Resource Conservation and Recovery Act
SIC
Standard Industrial Classification
SIU
Significant Industrial User
SNC
Significant Noncompliance
SSES
Sanitary Sewer Evaluation Survey
TSS
Total Suspended Solids
U.S.C .
United States Code
WWF
Wastewater Facility
 
   (B)   For the purpose of Chapters 200, 201, and 202, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      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.
      AMALGAM SEPARATOR. A device that employs filtration, settlement, centrifugation, or ion exchange to remove amalgam and its metal constituents from a dental office vacuum system before it discharges to the sewer.
      AMALGAM WASTE. Means and includes non-contact amalgam (amalgam scrap that has not been in contact with the patient); contact amalgam (including, but not limited to, extracted teeth containing amalgam); amalgam sludge captured by chairside traps, vacuum pump filters, screens, and other amalgam trapping devices; used amalgam capsules; and leaking or unusable amalgam capsules.
      ANSI/ADA STANDARD NO. 108. The American National Standards Institute and American Dentistry association standard for amalgam separators.
      APPLICANT. Any individual, partnership, corporation, owner, developer, or builder which has the legal right to utilize real property and requests water, wastewater, or reclaimed water service.
      APPLICATION. A written request from an applicant seeking water, wastewater, or reclaimed water service to be provided to and for certain real property.
      APPROVAL AUTHORITY. The Florida Department of Environmental Protection or its successor agencies.
      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 or general 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 City of Palm Bay.
      BACKBONE MAIN. A main extended to service a specific project.
      BACKFLOW PREVENTION ASSEMBLY. Any effective assembly used to prevent backflow into a potable water system.
      BEST MANAGEMENT PRACTICES. Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Chapter 201, Section 201.21(A) and (B) (40 CFR 403.5(a)(1) and (b)). 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.]
      BIOCHEMICAL OXYGEN DEMAND or BOD. The quantity of oxygen in the biochemical oxidation of the organic matter in wastewater under standard laboratory procedures in five (5) days at twenty degrees centigrade (20°C), expressed in milligrams per liter. The BOD shall be determined in accordance with procedures set forth in the Standard Methods for the Examination of Water and Wastewater.
      BUILDING SEWER. A sewer conveying wastewater from the premises of a user to the wastewater facility.
      BYPASS. The intentional diversion of wastewater streams from any portion of an industrial user's treatment facility.
      CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with Section 307(b) and (c) of the Clean Water Act (33 U.S.C. 1317) which applies to a specific category of industrial users and which appears in 40 Code of Federal Regulations (CFR) Chapter 1, Subchapter N, Parts 405-471, incorporated herein by reference.
      CATEGORICAL INDUSTRIAL USER. An Industrial User subject to a categorical Pretreatment Standard or categorical Standard.
      CHEMICAL OXYGEN DEMAND. A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.
      CITY. The City of Palm Bay, Brevard County, Florida, a municipal corporation of the State of Florida.
      COLLECTION FACILITIES. The lines, pipes, and all other related equipment or facility used to collect sewage from sewer facilities, buildings, structures or facilities and to transmit it to wastewater transmission facilities.
      COLOR. The optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred percent (100%) transmittance is equivalent to zero (0.0) optical density.
      COMPOSITE SAMPLE. The sample resulting from the combination of individual wastewater samples taken at selected intervals based on either an increment of flow or time.
      CONTROL AUTHORITY. The entity directly administering and enforcing pretreatment standards and requirements. The CONTROL AUTHORITY is the City.
      COUNCIL or CITY COUNCIL. The City Council of the City of Palm Bay, Florida.
      CROSS CONNECTION. A connection or potential connection between any part of a potable water system and any other environment containing other substances in a manner that, under any circumstances would allow such substances to enter the potable water system. Other substances may be gases, liquids, or solids, such as chemicals, waste products, steam, water from other sources (potable or non-potable), or any matter that may change the color or add odor to the water.
      CUSTOMER. Any applicant that has entered into an agreement to receive water, wastewater or reclaimed water services from the City and that is liable for the payment of such services.
      CUSTOMER INSTALLATIONS. All water, wastewater, or reclaimed water facilities which ordinarily and customarily exist on the customers' side of the point of delivery.
      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.
      DEPARTMENT. The City of Palm Bay Utilities Department.
      DEVELOPER. Owner of a development or the agent of such owner that has the legal right to bind the owner to all legal obligations related to utility services for the proposed development.
      DEVELOPMENT. Any change in the intensity of land use which alters the demands for water, wastewater, or reclaimed water services.
      DISCHARGE. The discharge or the introduction of non-domestic pollutants into the System by an industrial user.
      DISTRIBUTION FACILITIES. The lines, pipes, meters, and any other related equipment or facility used to distribute water from the utilities to the customer for usage.
      DWELLING UNIT. One (1) or more rooms in a residential or commercial building which are used or intended for use as a living facility for no more than one (1) family and generally including provisions for living, sleeping, eating, cooking, and sanitation. A hotel or motel room is not considered a dwelling unit.
      EASEMENT. An acquired legal right for the specific use of land owned by others.
      EFFLUENT DISPOSAL FACILITIES. Those wastewater facilities necessary to detain, transmit, store, and dispose of wastewater previously treated at treatment facilities.
      ENVIRONMENTAL PROTECTION AGENCY. 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.
      EQUIVALENT BULK CONNECTION or EBC. A factor used to convert a given average daily flow (ADF) to the equivalent number of bulk connections. For this purpose, the ADF of one (1) EBC is deemed to be two hundred seventy-five (275) gallons per day (GPD) for wastewater service and three hundred fifty (350) GPD for water service. The number of EBCs contained for a given ADF is initially determined by dividing that ADF by two hundred seventy- five (275) GPD for wastewater or three hundred fifty (350) GPD for water.
      EQUIVALENT IRRIGATION CONNECTION or EIC. A factor used to convert a given average daily flow (ADF) to the equivalent number of irrigation (reclaimed water) connections. For this purpose, the ADF of one (1) EIC is deemed to be five hundred (500) gallons per day (GPD) for reclaimed water service. The number of EICs contained for a given ADF is initially determined by dividing that ADF by five hundred (500). For the purpose of determining the amount of ADF for properties other than a single family lot not exceeding fifteen thousand (15,000) square feet, an irrigation standard of one (1) inch of reclaimed water per square foot per week of area to be irrigated shall be used unless determined to be different by the Director of Utilities.
      EQUIVALENT RESIDENTIAL CONNECTION or ERC. A factor used to convert a given average daily flow (ADF) to the equivalent number of residential connections. For this purpose, the ADF of one (1) ERC is deemed to be two hundred ten (210) gallons per day (GPD) for wastewater service and two hundred seventy-five (275) GPD for water service. The number of ERCs contained for a given ADF is initially determined by dividing that ADF by two hundred ten (210) GPD for wastewater or two hundred seventy-five (275) GPD for water.
      EXISTING SOURCE. Any source of discharge, the construction or operation of which commenced prior to the publication of proposed categorical pretreatment standards under Section 307 (b) and (c) (33 U.S.C. 1317) of the Act which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.
      FOOD SERVICE ESTABLISHMENT. Those establishments primarily engaged in activities of preparing, serving, or otherwise making available for consumption foodstuffs and that use one or more of the following preparation activities: cooking by frying (all methods), baking (all methods), grilling, sautéing, rotisserie cooking, broiling (all methods), boiling, blanching, roasting, toasting, or poaching. Also included are infrared heating, searing, barbecuing, and any other food preparation activity that produces a hot, non-drinkable food product in or on a receptacle that requires washing. These facilities include restaurants, cafeterias, hotels, motels, hospitals, nursing homes, schools, grocery stores, prisons, jails, churches, camps, caterers, manufacturing plants, or any other sewer users as determined by the City’s Utilities Director, who discharge applicable waste.
      GALLONS PER DAY or GPD. Gallons per day on an annual average basis.
      GRAB SAMPLE. A sample taken from a waste stream without regard to the flow in the waste stream over a period of time not to exceed fifteen (15) minutes.
      GREASE. A material composed primarily of fatty matter from animal or vegetable sources or from hydrocarbons of petroleum origins. The terms “oil and grease” or “oil and grease substances” shall be deemed as grease by definition. This may include any fats, oils, or waxes as found in butter, lard, margarine, vegetable fats and oils, meats, the germinal area of cereals, seeds, nuts and certain fruits.
      GREASE INTERCEPTOR. A device for separating and retaining waterborne greases and grease complexes prior to the wastewater exiting the trap and entering the sanitary sewer collection and treatment system. These devices also serve to collect sellable solids, generated by and from food preparation activities, prior to the water exiting the trap and entering the sanitary sewer collection and treatment system.
      GROSS PARTICLE SEPARATORS. Interceptors used in industries which typically separate petroleum products, sand, metals, oils, grease and lint from the waste stream such as but not limited to car repair shops, car washes, laundromats, dental offices, or food service establishments.
      HAZARDOUS WASTE. Any substance, waste, or product that is potentially damaging to environmental health, toxic, flammable, corrosive, radioactive, infectious, or any other hazard.
      INDIRECT DISCHARGE or DISCHARGE. The introduction of pollutants into the POTW from any nondomestic source.
      INDUSTRIAL PRETREATMENT COORDINATOR. The person designated by the Utilities Director to supervise the operation of the system and who is charged with certain duties and responsibilities by chapter 201 or that person’s authorized representative.
      INDUSTRIAL USER. A user who discharges non-domestic wastewater that originates from a non-residential source.
      INDUSTRIAL WASTEWATER. A non-domestic wastewater originating from a nonresidential source.
      INSTANTANEOUS LIMIT. 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.
      INTERFERENCE. A discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the City’s NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/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, including Title II commonly referred to as the Resource Conservation and Recovery Act; any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
      ISO 11143. The International Organization for Standardization's standard for amalgam separators.
      LOCAL LIMIT. Specific discharge limits developed and enforced by the City of Palm Bay upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).
      MAINS. Pipe, conduit or other facilities installed to convey water, wastewater or reclaimed water services to individual service lines or to other mains.
      MASTER METER. A single meter serving a multifamily residential or a multi-unit commercial facility. This term includes, but is not limited to, master meters serving condominiums, apartments, mobile home parks, hotels, motels, travel trailer parks, shopping centers, and office buildings.
      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.
      MEDICAL WASTE. The isolation wastes, infectious agents, human blood and blood by- products, pathological waste, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.
      METER. A device used by the City to measure water or reclaimed water at the POINT OF DELIVERY.
      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.
      MUNICIPAL WASTEWATER SYSTEM OR SYSTEM. Any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes and any conveyances that convey wastewater to a treatment plant.
      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 that 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; or
         (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 Section (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment.
      (3)   Construction of a New Source as defined under this paragraph has commenced if the owner or operator has:
         (a)   Begun, or caused to begin, as part of a continuous onsite construction program
            (i)   Any placement, assembly, or installation of facilities or equipment; or
            (ii)    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 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 paragraph.
      (4)   Amalgam of a New Source is any facility subject to this Section whose first discharge to the sewer system occurs after July 14, 2017 and must comply immediately upon commencement of discharge.
      NONCONTACT COOLING WATER. Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
      NON-DOMESTIC POLLUTANTS. Any substances other than human excrement and household gray water (shower, dishwashing operation, etc.),including the characteristics of the wastewater (i.e., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, odor).
      PASS THROUGH. A discharge which exits the POTW into waters 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 City’s NPDES permit, including an increase in the magnitude or duration of a violation.
      % PURITY. The process effluent shall be void of any foreign colors, i.e., red, blue, yellow, etc. which is indicated by % purity.
      PERSON. 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 assignees. This definition includes all Federal, State or local governmental entities.
      pH. A measure of the acidity or alkalinity of a substance, expressed in standard units; neutral wastewaters are numerically equal to seven (7) while the number increases to show increasing alkalinity and decreases to show increasing acidity.
      POINT OF DELIVERY. The designated point at which the customer's property is connected to the System.
      POLICIES, PROCEDURES, AND STANDARDS HANDBOOK. The Policies, Procedures and Standards Handbook which has been and which shall be amended from time to time.
      POLLUTANT. 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).
      POTABLE WATER. Any water which, according to recognized standards, is safe for human consumption.
      POTABLE WATER FACILITIES. All facilities required for the production, storage, transmission, distribution and use of potable 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, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable Pretreatment Standard.
      PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment imposed on a User, other than a Pretreatment Standard.
      PRETREATMENT STANDARDS or STANDARDS. Pretreament Standards shall mean prohibited discharge standards, categorical Pretreatment Standards, and Local Limits.
      PREVAILING INTEREST RATE. The current National Municipal Bond Yield for Triple-A Rated, Tax-Exempt Insured Revenue Bonds as reported by Bloomberg.
      PROCESS WASTEWATER OR PROCESS WATER. Any water that, during manufacturing or processing, comes into direct contact with or results from the production of or use of any raw material, intermediate product, finished product, by-product, or waste product.
      PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Chapter 201, Section 201.21.
      PROPERTY. The real property owned or controlled by an applicant for which water service capacity allocation, wastewater service capacity allocation, or reclaimed water service capacity allocation, is requested.
      PUBLICLY OWNED TREATMENT WORKS. A treatment works, as defined by Section 212 of the Act (33 U.S.C. Section 1292), which is owned by the City of Palm Bay. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant.
      RECEIVING STREAM OR WATER OF THE STATE. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all 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 portions thereof.
      RECLAIMED CAPITAL CHARGE. A fee charged by the City to an applicant for the purpose of obtaining reclaimed service capacity. Capital Charges are utilized for the acquisition, improvement, expansion and construction of facilities deemed necessary by the City to furnish reclaimed service capacity, related services to property and to adequately fund capital improvements to the System. The term specifically does not include distribution facilities or customer installations, the cost of which shall be fully borne by the applicant.
      RECLAIMED WATER. Treated wastewater that is suitable and usable for direct beneficial uses for public agricultural, commercial, residential or industrial developments, projects or purposes including, but not limited to, irrigation or other appropriate uses excluding consumption.
      RECLAIMED WATER DISTRIBUTION SYSTEM. Facilities consisting of distribution mains, valves, and appurtenances used to distribute reclaimed water to customers.
      RECLAIMED WATER FACILITIES. All facilities required for the production, storage, transmission, distribution and use of reclaimed water.
      RESIDENTIAL USERS. Persons contributing only sewage wastewater to the System.
      SEPTAGE. A mixture of sludge, fatty materials, human feces, and wastewater removed during the pumping of an onsite sewage treatment and disposal system.
      SEPTIC TANK. A subsurface impervious tank designed to temporarily return wastewater or similar waterborne wastes together with:
      (1)   A sewer line constructed of slid pipe, with the joints sealed, connecting the impervious tank with a plumbing stub out; and
      (2)   A subsurface system of trenches, piping and other materials constructed to drain the clarified discharge from the tank and distribute it underground to be absorbed or filtered.
      SEPTIC TANK WASTE. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks.
      SERVICE LINES. The pipes of the System which are connected from the mains to the POINT OF DELIVERY.
      SERVICE RATES or RATES. The applicable schedules of rates and charges for water, wastewater, or reclaimed water services, including but not limited to, connection fees, meter set fees, and any other fees, will be set at the prevailing rate as established by the Utilities Code, Title XX, Code of Ordinances. The schedules of service rates shall be of general and uniform application within the System. Normal hours are defined as 7:00 a.m. to 3:30 p.m., Monday through Friday, excluding weekends and
holidays. After hours costs are all hours other than normal hours.
      SEVERE PROPERTY DAMAGE. Substantial physical damage to property, damage to an Industrial User’s 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.
      SEWER or WASTEWATER. A combination of any type of the water-carried wastes from residences, business buildings, institutions, industrial establishments, any and all other customers facilities.
      SEWAGE. Human excrement and gray water (household showers, dishwashing operations, etc.).
      SIGNIFICANT INDUSTRIAL USER. Except as provided in Paragraphs (3) and (4) of this definition, a Significant Industrial User is:
         (1)   An Industrial User subject to categorical Pretreatment Standards; or
         (2)   An Industrial User that:
            (a)    Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);
            (b)    Contributes a process waste stream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
            (c)   Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any Pretreatment Standard or Requirement.
         (3)   The City 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 gpd 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 City’s findings, has consistently complied with all applicable categorical Pretreatment Standards and Requirements;
            (b)   The Industrial User annually submits the certification statement required in Section 6.14 B [see 40 CFR 403.12(q)], 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 a User meeting the criteria in Subsection (2) of this part has no reasonable potential for adversely affecting the POTW’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 procedures in 40 CFR 403.8(f)(6), determine that such User should not be considered a Significant Industrial User.
      SLUG LOAD or SLUG DISCHARGE. Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in Chapter 201, Section 201.21. 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 CODE. A classification scheme based on the type of manufacturing or commercial activity at a facility: some facilities have several activities that will cause them to have more than one (1) code number.
      STORM WATER. Any flow occurring during or following any form of natural precipitation and resulting from it.
      SUPERINTENDENT. The person designated by the City to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this chapter. The term also means a Duly Authorized Representative of the Superintendent.
      SYSTEM. The City of Palm Bay Water, Wastewater, and Reclaimed Water System.
      TOTAL SUSPENDED SOLIDS or SUSPENDED SOLIDS. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.
      TOXIC POLLUTANT. One of one hundred twenty-six (126) pollutants or combinations of those pollutants listed as toxic in regulations promulgated by the EPA under the provision of Section 307 (33 U.S.C. 1317) of the Act.
      TRANSMISSION LINES. Those lines and appurtenance facilities used to either transmit wastewater from the collection system to a wastewater treatment plant or transmit treated wastewater to a final effluent disposal site or transmit water from a water treatment plant to the distribution system.
      TREATMENT PLANT OR PLANT. That portion of the City’s System designed to provide treatment of domestic wastewater and industrial wastes.
      TREATMENT PLANT EFFLUENT. Any discharge of pollutants from the City’s System.
      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. Any person or establishment, including those located outside the Jurisdictional limits of the City, who contributes, causes or permits the contribution or discharge of wastewater into the City’s wastewater collection or treatment system, including persons who contribute such wastewater from mobile sources, such as those who discharge hauled wastewater. A source of indirect discharge.
      UTILITIES. The City’s water, wastewater, reclaimed water, waste management services, or any other City services established by the City Council.
      UTILITIES DIRECTOR. The Utilities Director for the City of Palm Bay Utilities Department or an individual designated by the Director to act on his behalf.
      UTILITY AGREEMENT. A written agreement between the City and an applicant which establishes the terms and conditions pursuant to which the City will provide water, wastewater, or reclaimed water services.
      UTILITY FACILITIES, FACILITIES or INSTALLATIONS. All equipment, fixtures, pumps, lines, mains, manholes, lift stations, pumping stations, laterals, service connections, and all appurtenances together with all real property, easements and rights-of-way necessary to provide water and wastewater service to property whether located on-site or off-site.
      WASTE HAULER. Any person, commercial or industrial enterprise, permitted, licensed, or otherwise allowed to carry or carrying solid waste, sewage, sewage sludge, chemical wastes or biological materials, which may otherwise be defined as SEPTAGE. The waste hauler is subject to all parts of Chapter 201 and to any and all parts of Rule 62-625.400 and 410, F.A.C.
      WASTEWATER. The liquid and water-carried industrial wastes, or sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which is contributed to the System.
      WASTEWATER CAPITAL CHARGE. A fee charged by the City to an applicant for the purpose of obtaining wastewater service capacity. Capital Charges are utilized for the acquisition, improvements, expansion and construction of facilities deemed necessary by the City to furnish wastewater service capacity, related services to the property and to adequately fund capital improvements to the System. The term specifically does not include collection facilities or customer installations, the costs of which shall be fully borne by the applicant.
      WASTEWATER FACILITY (WWF). The City’s treatment works which is owned by the City. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of the City’s sewage or industrial wastes of liquid nature. It also includes sewers, pipes and other conveyances if they convey wastewater to the City’s wastewater treatment plant.
      WASTEWATER SERVICE CAPACITY. The rate of wastewater flow on an average daily basis measured in gallons per day, which can be treated and disposed of according to a wastewater facilities design.
      WASTEWATER TREATMENT PLANT or TREATMENT PLANT. That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
      WASTEWATER WITH RECLAIMED WATER SERVICE CAPITAL CHARGE. A fee charged by the City to an applicant for the purpose of obtaining wastewater with reclaimed service capacity. Capital Charges are utilized for the acquisition, improvements, expansion and construction of facilities deemed necessary by the City to furnish wastewater with reclaimed service capacity, related services to the property and to adequately fund capital improvements to the System. The term specifically does not include collection facilities or customer installations, the costs of which shall be fully borne by the applicant.
      WATER CAPITAL CHARGE. A fee charged by the City to an applicant for the purpose of obtaining water service capacity. Capital Charges are utilized for the acquisition, improvement, expansion and construction of facilities deemed necessary by the City to furnish water service capacity, related services to property and to adequately fund capital improvements to the System. The term specifically does not include distribution facilities or customer installations, the cost of which shall be fully borne by the applicant.
      WATER SERVICE CAPACITY. The amount of water which can be pumped, treated, transmitted and distributed, on an average daily basis, where such amount is measured in gallons per day and includes fire flows.
      WATER WITH RECLAIMED WATER SERVICE CAPITAL CHARGE. A fee charged by the City to an applicant for the purpose of obtaining water with reclaimed service capacity. Capital Charges are utilized for the acquisition, improvement, expansion and construction of facilities deemed necessary by the City to furnish water with reclaimed service capacity and related services to property and to adequately fund capital improvements to the System. The term specifically does not include distribution facilities or customer installations, the cost of which shall be fully borne by the applicant.
(Ord. 2008-31, passed 5-1-08; Am. Ord. 2008-50, passed 9-4-08; Am. Ord. 2009-40, passed 10-1-09; Am. Ord. 2011-22, passed 3-17-11; Am. Ord. 2013-13, passed 2-21-13; Am. Ord. 2020-40, passed 7-16-20)