§ 11-113. Definitions.

For the purposes of this article, the following words and terms shall have the meaning ascribed thereto:

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

Commercial waste shall mean all types of solid waste generated by commercial enterprises, including stores, offices, restaurants, warehouses, and other nonmanufacturing activities.

Compatibility shall mean a condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition.

Compatibility or impact analysis shall mean a study to determine the potential direct or indirect effects of a proposed facility on the surrounding area. Such study must be conducted by a person with appropriate qualifications and experience, which may include outside professionals. Such study shall be valid for a period of three (3) years after its date of submittal unless extended by action of the board upon a finding that applicable conditions remain unchanged.

Construction aggregate shall mean materials consisting of crushed stone, gravel, crushed gravel, pebbles, limestone, dolomite, limerock, shell rock, cemented coquina, sand for use as a component of mortars, concrete, bituminous mixtures, or underdrain filters, recycled or inorganic mineral material previously used in construction, and other resources providing the basic material for concrete, asphalt, road base.

Construction aggregate processing shall mean any parcel of land and structures thereon, that are used or devoted to processing construction aggregate through crushing, screening, rolling, vibrating, or other similar process, and includes the transportation of construction aggregate to and from the site.

Construction aggregate storage shall mean any parcel of land and structures thereon, that are used or devoted to storing or stockpiling construction aggregate, and includes the transportation of construction aggregate to and from the site.

Construction and demolition debris shall mean materials generally considered to be not water soluble and nonhazardous in nature, including, without limitation, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project, and including rock, soils, tree remains, trees, and other vegetative matter which normally results from land clearing or land development operations for a construction project, including such debris from construction of structures at a site remote from the construction or demolition project site.

Development order shall mean an order of the county approved by the board, after due notice, and a public hearing setting forth the terms and conditions under which the solid waste management facility may be constructed and operated.

FDEP shall mean the Florida Department of Environmental Protection or its successor agency.

Haul route shall mean those roads upon which the material will be transported to or from the site.

Incinerator shall mean a facility, or any part thereof, designed or intended solely for the volume reduction of solid waste, hazardous waste, biohazardous waste, or biological waste by incineration.

Industrial waste shall mean solid waste generated by manufacturing or industrial processes that is not a hazardous waste. Such waste may include, but is not limited to, waste resulting from the following manufacturing processes: electric power generation; fertilizer/agricultural chemicals; food and related products or byproducts; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing or foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment; and water treatment.

Lake shall mean a natural body of standing water occupying a natural basin.

Landfills shall mean any solid waste land disposal area for which a permit, other than a general permit, is now or hereafter required by Chapter 403, Florida Statutes or Chapter 62, Florida Administrative Code, and which receives solid waste for disposal in or upon land. The term does not include a land-spreading site, an injection well, or a surface impoundment.

Materials recovery facility shall mean a solid waste management facility that provides for the extraction from solid waste of recyclable materials, materials suitable for re-use, repurposing, use as a fuel or soil amendment, or any combination of such materials including without limitation a soil manufacturing facility. Excluded from this definition are salvage yard, construction aggregate processing, and construction aggregate storage.

Minimum distance shall mean the proximity of uses shall be measured by drawing a straight line between the closest property line of the proposed solid waste management facility to the nearest point on the property line or boundary of the impacted use or designated area.

Modification or expansion shall mean any change to an existing solid waste management facility or its development order which would:

(1)

Be considered a major modification pursuant to the Polk County Land Development Code;

(2)

Increase a nonconformity;

(3)

Reasonably be expected to lead to a substantially different environmental or compatibility impact;

(4)

Require an amendment of a development order; or

(5)

Expand the area of operation, vertically or horizontally, beyond that which was legally permitted by the county as of the effective date of this article.

Permit shall mean the written authority issued by Polk County authorizing the operation of a facility subject to the provisions of this article.

Person shall mean individuals, firms, partnerships, corporations, associations, organizations, trusts, companies, governmental agencies, or any other legal entity.

Residential waste shall mean any solid waste, including garbage, and trash, derived from households, including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas.

Salvage yard shall mean any parcel of land and structures thereon, that are used or devoted to storing, dismantling, reconditioning, collecting, purchasing, or processing of wastepaper, rags, scrap metal, other scrap or discarded goods, materials, machinery, operable and inoperable vehicles, or other types of goods, for sale or storage where such activities are conducted outside the confines of a fully enclosed building. This term shall specifically include the customary terms "disposal yard," "junk yard," "scrap yard," "auto salvage," and "auto grave yards." This term shall specifically exclude construction aggregate processing and construction aggregate storage.

Site shall mean any tract, lot or parcel of land or combination of tracts, lots, or parcels of land which are included in a proposal for a solid waste management facility.

Soil manufacturing shall mean a facility that makes soil and soil related products using natural products as the primary ingredients. The manufacturing process utilizes various waste streams, including without limitation: yard waste, tree trimmings, other plant materials, pre-consumer food waste, post-consumer food waste, septage, bio-solids, and sludge. These materials are then treated and processed using the natural aerobic and anaerobic decomposition process to create a soil product that is sold and removed from the facility.

Solid waste shall mean commercial waste, industrial waste, residential waste, construction and demolition debris, Class III waste as defined by the Florida Administrative Code or sludge that is not regulated under the federal Clean Water Act or Clean Air Act, as well as sludge from a waste treatment works, water supply treatment plant, or air pollution control facility or garbage, rubbish, refuse, special waste, or other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from domestic, industrial, commercial, or governmental operations. This term does not include phosphogypsum.

Solid waste disposal facility shall mean any solid waste management facility which is the final resting place for solid waste, including landfills and incinerators that produce ash from the process of incinerating solid waste.

Solid waste management facility shall mean any solid waste disposal facility, solid waste transfer station, materials recovery facility, volume reduction facility, other facility, or combination thereof, the purpose of which is resource recovery or the disposal, recycling, processing, or storage of solid waste. Salvage yards, construction aggregate processing, and construction aggregate storage are excluded from this definition but may be accessory uses to a solid waste management facility.

Solid waste transfer station shall mean a facility where solid waste is unloaded from collection vehicles and is reloaded onto larger transport vehicles for shipment to other solid waste management facilities.

Solid waste management facility siting permit shall mean the site approval granted under this article.

Solid waste management facility operating permit shall mean operating approval granted under this article.

Surety shall mean a bond, irrevocable letter of credit, or any other form of surety acceptable to the county attorney and the board.

Volume reduction facility shall mean a facility using incinerators, pulverizers, compactors, shredding, demanufacturing, and baling plants, and other plants that accept and process solid waste for recycling and disposal.

(Ord. No. 2014-014, § 3, 3-18-14; Ord. No. 2016-013, § 1, 4-19-2016; Ord. No. 17-042, § 2, 10-3-17)