§ 90-122. Definitions.

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

Act and the Act mean the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251 et seq.

Approval authority (AA) means the state department of environmental protection or its successor agencies.

Authorized representative of the user means either:

(1)

If the user is a corporation, a responsible corporate officer.

(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 government 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 subsections (1) through (3) above may designate another authorized representative if the authorization is in writing by the individual described in (1) through (3); 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. If an authorization under this paragraph is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of this subsection must be submitted to the city prior to or together with any reports to be signed by an authorized representative.

Best management practices or BMPs means schedules of activities, prohibitions of practices, maintenance procedures and other management practices to implement the prohibitions listed in subsections 62-625.400(1)(a) and (2), F.A.C. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, industrial sludge or waste disposal, or damage from raw materials storage.

Biochemical oxygen demand (BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter.

Building sewer means the conduit or pipe which conveys wastewater from the plumbing drain system of a building to a public sewer or other place of disposal.

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

Can wash means a facility or other facilities (mop sink or service sink) in a food service establishment equipped with hot and cold running water under pressure used for cleaning garbage cans or related containers. Can washes are required for all food service establishments and are subject to approval by the city building official. Can washes inside the establishment are to be placed in an area separated from the food service area. A separate building, area, or weather cover approved by the city building department may be provided to house the can wash facility. All can wash facilities or approved substitutes must be provided with a backflow prevention device.

Car wash means any establishment used primarily for the washing and cleaning of automobiles, trucks, campers, boats, or other motorized equipment.

Categorical industrial user means an industrial user subject to categorical pretreatment standards under Rule 62-625.410, F.A.C. and 40 CFR Chapter I, Subchapter N, Parts 405-471.

Categorical pretreatment standard means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with sections 307(b) and (c) of the Act (33 USC 1317) which applies to a specific category of industrial users and which appear in Rule 62-625.410, F.A.C.

Chemical oxygen demand (COD) means a measure of the oxygen equivalent of that portion of the organic matter in a water sample that is susceptible to oxidation by a strong chemical oxidant.

City of West Palm Beach Sewer System (CWPBSS) means all facilities for collecting and pumping wastewater which are owned and controlled by the city.

Connected system means a publicly owned or privately owned wastewater collection or transmission system that connects to and discharges into the CWPBSS for purposes of treatment and disposal by the ECRWWTF.

Control authority (CA) means the public utilities director or a duly authorized representative of the city, acting on behalf of the city as agent for the ECRWWTFB.

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

Department of environmental protection (DEP) means the department of environmental protection of the state (Laws of Fla. ch. 75-22) or, where appropriate, the term may also be used as a designation for the secretary or other duly authorized official of such agency.

Discharge means the disposal of, deposit, placement, emittance, unloading, or release of a substance, or to cause or allow a substance to be disposed of, deposited, placed, emitted, unloaded, or released.

Domestic waste means any superfluous solid, liquid, or gaseous material derived principally from the use of sanitary conveniences of residences (including apartments and hotels), office buildings, industrial plants, institutions, or commercial establishments.

ECRWWTF means the East Central Regional Wastewater Treatment Facility, 4325 N. Haverhill, West Palm Beach, Florida, 33409, which treats and disposes of wastewater and wastewater sludge from the ECRWWTFB entities.

ECRWWTFB means the East Central Regional Wastewater Treatment Facilities Board.

Enforcement actions mean those actions taken by the city in response to violations of this article.

Environmental Protection Agency (EPA) means the United States Environmental Protection Agency, 5 USC 903 (1970).

Existing source means any source of discharge that is not a new source.

Floor mop sinks mean a floor mounted waste receptor with a two-inch or larger waste outlet, equipped with hot and cold running water under pressure.

Floor sink means a type of indirect liquid waste receptor designed with a removable basket strainer or beehive strainer for the purpose of receiving the discharge from indirect liquid waste pipes only.

Flow proportional composite collection techniques means sample collection formed by mixing discrete sample of a constant sample volume with time interval between samples proportional to stream flow.

Food service means any establishment engaged in the preparation, handling, sale, or dispensing of food or foodstuffs, 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.

Food waste means any superfluous solid material produced either from the domestic or commercial preparation, cooking, consumption, or dispensing of food, or from the handling, storage, or sale of produce.

Grab samples means an individual discrete sample collected at a specific time. A grab sample includes all sub samples or aliquots (e.g. individual containers for specific analytes or analyte groups), sample fractions (e.g. total and filter 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.

Grease interceptor means a concrete tank constructed according to F.A.C. Chapter 64E-6. This is 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.

Hauled wastewater means liquid wastewater and/or sludge brought to the ECRWWTF by means of tank trucks or other method.

Indirect discharge means the introduction of pollutants into the WWF from any nondomestic source regulated under sections 307(b), (c), and (d) of the Act and F.S. ch. 403.

Industrial discharger enforcement procedure (IDEP) means the industrial pretreatment enforcement response plan.

Industrial user (IU) means any user discharging industrial waste into the wastewater facility.

Industrial waste and wastewater mean food waste, other waste, or any superfluous solid, liquid, or gaseous material resulting from manufacturing or commercial processes, or from natural resource development, recovery, or processing.

Industrial waste surcharge means an additional service charge assessed against industrial users whose wastewater characteristics exceed established surcharge limits.

Industrial wastewater discharge permit (permit) means written authorization from the public utilities director to discharge industrial wastewater to the wastewater facility, setting certain conditions and/or restrictions on such discharge.

Instantaneous maximum allowable discharge limit means the maximum concentration of a pollutant allowed to be discharged at any time, determined from analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.

Interceptors (separators, grease traps, oil interceptor) means any device designed and installed at facilities (such as restaurants, car wash, service station, repair shop, etc.) to separate and retain floatable deleterious, hazardous, and/or undesirable matter from sewage or liquid wastes, and to discharge into the sewer system by gravity or by other means.

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

(1)

Inhibits or disrupts the WWF, 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 ECRWWTF NPDES 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 the state department of environmental protection, F.S. ch. 403, and all applicable federal laws.

Local limits mean the specific discharge limits developed and enforced by the city upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in Rule 62-625.400, F.A.C.

Medical waste means solid and liquid wastes including, but not limited to, isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.

mg/L means milligrams per liter.

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

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.

National categorical pretreatment standard. See, categorical pretreatment standard.

New source means:

(1)

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 proposed pretreatment standards prescribed under section 307(c) (33 USC 1317) 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;

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, will 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 subsection (1)(b) or (c) of this definition but otherwise alters, replaces, or adds to existing process or production equipment.

(3)

Construction of a new source as defined under this definition 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; or

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 subsection.

Non-contact cooling water means water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product, to which the only pollutant added is heat.

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, noncontact cooling and boiler blow-down 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 section 53.081(G) of this article together with any additional information necessary to support the certification statement; and

(3)

Never discharges any untreated categorical process wastewater.

Notice of violation (NOV) means a written notice that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement.

NPDES permit means a permit issued pursuant to section 402 of the Act (33 USC 1342).

Other commercial facilities mean motels, hotels, coin laundries, commercial laundries, restaurants, etc., which have the capacity to introduce grease, oil, soaps, and detergents into the sanitary sewer system.

Other waste means municipal refuse, decayed wood, sawdust, shavings, bark, lime, sand, ashes, offal, oil, tar, chemicals, and all other substances as distinct from domestic animal waste, industrial waste, or food waste.

Pass through means a discharge which exits the ECRWWTF into the 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 regulatory requirement of the wastewater facilities permit (including an increase in the magnitude or duration of a violation).

Person means individual, corporation, firm, company, joint venture, partnership, sole proprietorship, association, or any other legal business entity, any state or political subdivision thereof, any municipality, any interstate body and any department, agency, or instrumentality of the United States and any officer, agent, or employee thereof, and any organized group of persons whether incorporated or not.

pH means a measure of the alkalinity or acidity of a solution expressed in standard units (s.u.).

Pollutant means any dredged spoil, medical waste, solid waste, incinerator residue, garbage, sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water and exhibit certain characteristics of wastewater (e.g. pH, temperature, 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.

Pretreatment means 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 the wastewater facility. The reduction or alteration may be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by F.A.C. 62-625.410(5). 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 wastewater facilities. 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 F.A.C. 62-625.410(6).

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

Pretreatment standard means for any specified pollutant, the prohibitive discharge standards as set forth in this article, the state's pretreatment standards, or the national categorical pretreatment standards, whichever standard is the most stringent.

Priority pollutant means any toxic pollutant regulated under categorical pretreatment standards.

Prohibited discharge standards or prohibited discharges means the absolute prohibitions against the discharge of certain substances as described in section 90-126.

RCRA means Resource Conservation and Recovery Act.

Repair shops mean any establishment used primarily for the repair of pumps, motors, motor vehicles, motor vehicle parts, machinery, engines, and any other equipment which contains combustible fuels, grease or oil.

Residential users mean a single-family occupancy or dwelling including, but not limited to, a single-family house, one-half of a duplex, an apartment or a mobile home.

Responsible corporate officer means:

(1)

A president, secretary, treasurer, or vice-president of the corporation in charge of a principle business function, or any other person who performs similar policy- or decision-making functions for the corporation; or

(2)

The manager of one or more manufacturing, production, or operating facilities, provided the manager:

a.

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;

b.

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

c.

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

d.

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

Sanitary sewer means a sewer carrying domestic, commercial, or industrial wastes to which stormwater, surface water and groundwater are not intentionally admitted.

Septic tank waste means any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

Service sinks means a waste receptor used for drawing water for scrubbing, cleaning, and receiving the contents of empty garbage cans and scrub buckets and equipped with hot and cold running water under pressure.

Service station means any establishment used primarily for the dispensing of combustible fuels and oils, the changing of oils, and the greasing of motor vehicles.

Sewage means human excrement and gray water (household showers, dishwashing operations, etc.).

Sewer means a pipe or conduit designed for carrying wastewater.

Significant industrial user (SIU) means the following:

(1)

Categorical industrial users; and

(2)

Any other industrial user that:

a.

Discharges an average of 25,000 gallons per day (gpd) or more of process wastewater to the wastewater facility (excluding domestic wastewater, non-contact cooling, and boiler blow-down wastewater); or

b.

Contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the ECRWWTF; or

c.

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 operation or for violating any pretreatment standard or requirement in accordance with Rule 62-625.500(2)(e), F.A.C.

The city may determine that an industrial user subject to categorical pretreatment standards under Rule 62-625, 410, F.A.C., and 40 CFR Chapter I, Subchapter N, Parts 405-471, is a non-significant categorical industrial user.

Upon a finding that an industrial user meeting the criteria in subsection (2) above has no reasonable potential for adversely affecting the WWF 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 Rule 62-625.500(2)(e), F.A.C. determine that such industrial user should not be considered a significant industrial user.

Significant noncompliance (SNC) means any one or more of the following:

(1)

Violations of wastewater discharge limits:

a.

Chronic violations means 66 percent or more of all measurements taken for the same pollutant during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits.

b.

Technical review criteria (TRC) violations means 33 percent or more of all measurements taken for the same pollutant during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, multiplied by the applicable TRC. (TRC equals 1.4 for BOD, TSS, and oil and grease; and 1.2 for all other pollutants, except pH).

c.

Any other violation of a pretreatment standard or requirement (daily maximum, long-term average, instantaneous limits, or narrative standard) that the city determines has caused, alone or in combination with other discharges, interference (e.g., slug loads) or pass-through(including endangering the health of the WWF personnel or the public).

d.

Any discharge of a pollutant that has caused imminent endangerment to human health/welfare or to the environment and has resulted in the city exercising its emergency authority to halt or prevent such a discharge.

(2)

Violations of compliance schedule milestones, contained in a permit or enforcement order, for starting construction, completing construction, and attaining final compliance by 90 days or more after the schedule date.

(3)

Failure to provide reports for compliance schedules, self-monitoring data, or categorical standards (baseline monitoring reports, 90-day compliance reports, and periodic reports) within 45 days from the due date.

(4)

Failure to accurately report noncompliance.

(5)

Any other violation or group of violations, including a violation of best management practice, which the city determines will adversely affect the operation or implementation of the pretreatment program.

Significant violation means a violation which remains uncorrected 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 resulted in the city exercising emergency authority under section 90-132.

Sludge means any solid or semi-solid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.

Slug means any discharge of water, wastewater or industrial waste of a non-routine, episodic nature which has reasonable potential to cause interference or pass through, or in any other way violate the WWF regulations, local limits or permit conditions.

Standard industrial classification (SIC) code means a classification pursuant to the standard industrial classification manual issued by the United States Office of Management and Budget.

Stormwater means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

Total suspended solids (TSS) or suspended solids mean the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.

Upset means an exception incident in which there is unintentional and temporary noncompliance with pretreatment standards because of factors beyond the reasonable control of the industrial user.

User means any person who discharges, causes, or allows the discharge of wastewater into the wastewater facility.

Wastewater means 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 wastewater facility.

Wastewwater facility (WWF) means the structure, equipment, and processes required to collect, carry away, and treat domestic, industrial, medical, and other wastes and dispose of the effluent including facilities of the CWPBSS, the ECRWWTF and the connected systems.

(Ord. No. 4414-12, § 1, 4-2-2012)