§ 2-31-170. Definitions.

(a)

Unless terms are defined differently within this article, definitions shall be as set forth in Rule 62-640.200, Florida Administrative Code. References in Chapter 62-640, Florida Administrative Code to the Department of Environmental Protection and its secretary respectively, shall be construed as references to the board and its director only with respect to compliance, reporting and enforcement provisions.

(b)

The following specific definitions apply within the context of this article:

(1)

Aerosol shall mean the suspension of ultramicroscopic solid or liquid particles in air.

(2)

Agricultural use plan shall mean a formal document submitted to the Florida Department of Environmental Protection that describes the controlled use of domestic wastewater residuals, domestic septage, food establishment sludges or citrus processing wastewater residuals as part of a planned agricultural operation.

(3)

Agronomic rate shall mean the application rate (dry weight basis) of domestic wastewater residuals, domestic septage, food establishment sludges or citrus processing wastewater residuals designed (a) to provide the amount of nitrogen needed by the food crop, feed crop, fiber crop, cover crop or other vegetation grown on the land; and (b) to minimize the amount of nutrients in the domestic wastewater residuals, domestic septage, food establishment sludge or citrus processing wastewater residuals that passes below the root zone of the crop or vegetation grown on the land to the groundwater.

(4)

Air treatment sludges shall mean those residuals that are removed by equipment or devices used to remove pollutants from gaseous emissions from air pollution sources.

(5)

Animal manures or dung shall mean the organic byproduct of the digestive process of livestock; manures shall not be deemed to include untreated or improperly treated human waste, garbage, animal carcasses, animal body parts or offal. Also excluded from this definition are: animal manures or dung disposed of or landspread on the same site as generated; bagged, commercially available manure products used for soil enrichment or fertilization; and noncommercially available bulk manures.

(6)

Board shall mean the board of county commissioners of Manatee County, Florida.

(7)

Chemical/portable toilet sludge shall mean all solid or liquid wastes containing human feces, or residuals of such, that have been pumped from chemical or portable toilets. Included in this definition are wastes from toilets in recreational vehicles (RVs) and marine vessels.

(8)

Citrus processing plant shall mean a facility at which citrus fruit is cleaned, sorted, and otherwise processed for consumption.

(9)

Citrus processing wastewater residuals shall mean the liquid, semi-solid or solid wastewater residuals that result from the processing of citrus fruit.

(10)

Conservation plan shall mean a formal document, prepared in accordance with objective criteria approved by the Manatee River Soil and Water Conservation District (MRSWCD), and approved by the U.S. Natural Resources Conservation Service (NRCS) District Conservationist. The conservation plan shall outline a system of management practices for a specific parcel of property to control soil erosion, reduce sediment loss, protect the water quality, and manage nutrient use. In calculating agronomic rates for inclusion in conservation plans, nitrogen shall be used as the limiting nutrient until such time as the board adopts, by resolution, an alternate standard in response to policy changes of the EPA, DEP or NRCS.

(11)

Currently in-use landspreading sites shall mean those sites that have received approval from the Florida Department of Environmental Protection (FDEP) and were receiving domestic wastewater residuals, domestic septage, food establishment sludge on citrus processing wastewater residuals on June 23, 1996.

(12)

Department shall mean the Manatee County Environmental Management Department.

(13)

Director shall mean the director of the Manatee County Environmental Management Department.

(14)

Domestic septage or septage shall mean a mixture of sludge, fatty materials, human feces and wastewater removed during the pumping of an onsite sewage disposal system. Excluded from this definition are the contents of chemical/portable toilets, holding tanks, and grease interceptors.

(15)

Domestic sewage shall mean human body waste and wastewater, including bath and toilet waste, residential laundry waste, residential kitchen waste, and other similar waste from household or establishment appurtenances. Domestic sewage is further characterized as:

a.

Blackwater: Waste carried off by toilets, urinals and kitchen drains; and

b.

Graywater: All domestic waste not covered in a. above and including bath, lavatory, laundry and sink except kitchen sink waste.

(16)

Domestic wastewater residentials, or residuals shall mean the solid, semisolid, and/or liquid residue removed during the treatment of domestic wastewater in a publicly owned treatment works (POTW) or investor owned wastewater treatment plant (WWTP). Not included are solids removed from pump stations and lift stations, screenings and grit removed from the preliminary treatment components of POTWs or WWTPs. Also not included are ash generated during the incineration of residuals; domestic septage; the treated effluent or reclaimed water from a POTW or WWTP; food establishment sludge; citrus processing wastewater residuals; or industrial sludge.

(17)

Dumping or disposal shall mean the placement of domestic wastewater residuals, domestic septage, food establishment sludge, citrus processing wastewater residuals, industrial wastewater residuals, chemical/portable toilet wastes or holding tank wastes upon the land in a pile or in any manner other than the uniform distribution (landspreading) of the material over the land surface, or the application of any such materials to the land surface at an application rate that exceeds the agronomic needs of the vegetation. Dumping or disposal shall not be construed to mean the temporary onsite storage of dry or cake residuals, if allowed by FDEP under Chapter 62-640, Florida Administrative Code.

(18)

EPA shall mean the United States Environmental Protection Agency.

(19)

Food establishment sludge shall mean oils, fats, greases, food scraps and other grease interceptor pumpings generated by a food operation or institutional food preparation facility.

(20)

Haulers shall mean those persons or companies that collect, transport and/or landspread domestic wastewater residuals, domestic septage, food establishment sludge, or citrus processing wastewater residuals.

(21)

Holding tank sludge shall mean a mixture of human body wastes and wastewater, kitchen wastes, and similar wastes produced at locations that lack permanent sanitary facilities and operate for only short periods of time.

(22)

Incident [means] an unusual occurrence including, but not limited to, spills, leaks, or discharges to the environment of wastes regulated by this article, which if not mitigated immediately has the potential to endanger public health, safety or the environment.

(23)

Industrial sludge or industrial wastewater residuals shall mean sludges that are primarily composed of materials generated through a manufacturing or other industrial process. Industrial Sludge or Industrial Wastewater Residuals shall not be construed to include the wastewater residuals that result from the processing of citrus, air treatment sludges or water supply treatment sludges.

(24)

Isolated wetland shall mean any wetland that does not have hydrological or vegetative connections with "waters of the state" as defined in Section 403.032(3), Florida Statutes.

(25)

Landspreading shall mean the application of domestic wastewater residuals, domestic septage, food establishment sludge, or citrus processing wastewater residuals, on, above, or into the surface of the ground through spray irrigation, spreading, disking, or other means, according to calculated agronomic rates.

(26)

Landspreading permit shall mean a permit obtained from the Manatee County Environmental Management Department for the controlled landspreading of properly treated and stabilized domestic wastewater residuals, domestic septage, food establishment sludge, or citrus processing wastewater residuals.

(27)

Landspreading site shall mean a parcel or parcels of land under one ownership or management that has been permitted for the land application of properly treated and stabilized domestic wastewater residuals, domestic septage, food establishment waste, or citrus processing wastewater residuals.

(28)

MRSWCD shall mean the Manatee River Soil and Water Conservation District, a governmental subdivision of the State of Florida created under Section 582.10, Florida Statutes, which has been vested with the power to furnish aid to and enter into agreements with any governmental agency for the purpose of protecting the district's soil and water resources.

(29)

NRCS shall mean the Natural Resources Conservation Service, a division of the U.S. Department of Agriculture.

(30)

Objectionable odor shall be construed to mean a noisome odor which is created as a result of the landspreading of domestic wastewater residuals, domestic septage, food establishment sludges or citrus processing wastewater residuals, and which is clearly in excess of the usual odor from the source, and which has the potential to be injurious to human health and prevent the reasonable and comfortable use and enjoyment of property by the public.

(31)

OFW shall mean an "Outstanding Florida Water" as defined in Florida Statutes.

(32)

Onsite sewage disposal system (OSDS) shall mean a sewage treatment and disposal facility, which may contain a standard subsurface, filled, or mound drainfield system, an aerobic treatment unit, a graywater system tank, a laundry wastewater system tank, a septic tank, a grease interceptor, a dosing tank, a solids or effluent pump, alternative system or experimental system installed or proposed to be installed beyond a building sewer on land of the owner or on other land to which the owner or owners have the legal right to install a system.

(33)

Publicly owned treatment works (POTW) shall mean a treatment works, owned by a state, county or municipality, that treats domestic sewage.

(34)

Stabilization or treatment shall mean a process that renders domestic wastewater residuals, domestic septage, or food establishment sludges less odorous and/or putrescible, and/or which reduces the pathogenic content of the material.

(35)

Surface waters shall mean waters upon the surface of the land, whether contained in bounds created naturally or artificially or diffused. Water from natural springs or artesian wells shall be classified as surface water when it exits from the land. Surface waters shall not be construed to include wetlands under the jurisdiction of the Florida Department of Environmental Protection.

(36)

Wastewater treatment plant (WWTP) or facility shall mean a central, investor owned facility for the processing and treatment of wastewater, which is the combination of liquid, solid or semisolid wastes from residences, commercial buildings, industrial plants and institutions together with any entrained groundwater, surface runoff or leachate which may be present. Wastewater treatment plant or facility shall include not be construed to mean onsite sewage disposal systems (OSDS), portable/chemical toilets or toilets in recreational vehicles or marine vessels or pumpout stations for such wastes.

(37)

Water level observation point shall mean a point or place on the surface of the land where the depth of the water table at any given time can be determined. For purposes of this article, water level observation point shall be construed to mean a "Piezometer", "monitor well" or "water well" as defined in Rule 40D-3, Florida Administrative Code, rules or the Southwest Florida Water Management District or Chapter 62-532, Florida Administrative Code, rules of the Department of Environmental Protection.

(38)

Water supply treatment sludges shall mean those residuals that are the byproduct of the treatment of raw water for potable use.

(Ord. No. 97-26, § V, 2-18-97)