§ 12-176. Definitions.

(a)

Definitions shall be as set forth in Rules 62-640 and 62-660, F.A.C., 10D-6, F.A.C., and 40 CFR, Part 503, Federal Regulations, or as adopted under this section. To the extent of a conflict or inconsistency, the following shall prevail: references to the Department of Environmental Protection ("the department") and the Secretary of the Department of Environmental Protection ("the secretary") within Chapter 62-640 and 62-660, F.A.C., shall be construed to refer to the Polk County Public Works Department and the Public Works Department Director respectively.

(b)

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

(1)

CFR means Code of Federal Regulations, a codification of the general and permanent rules published in the Federal Register by departments and agencies of the Federal Government.

(2)

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.

(3)

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

(4)

Domestic septage [shall mean] a mixture of sludge, fatty materials, human feces, and wastewater removed during the pumping of an onsite sewage treatment and disposal system. This term does not include: food service sludges, industrial sludges, water treatment sludges, air treatment sludges, chemical/portable toilet sludges, holding tank sludges, or domestic wastewater treatment residuals.

(5)

Domestic wastewater residuals shall mean the solid, semi-solid, and/or liquid residue removed during the treatment of domestic wastewater. This term does not include the treated effluent or reclaimed water from a domestic wastewater treatment plant.

(6)

F.A.C. means the Florida Administrative Code, an annotated official compilation of the Rules and Regulations of the State of Florida, published by the Florida Secretary of State.

(7)

Food service sludge shall mean oils, greases and grease trap pumpings generated by a food service operation.

(8)

Green Swamp Area of Critical State Concern [shall mean] that area of the northern portion of Polk County, as created by the Florida Legislature and as defined in Chapter 380.0551, Florida Statutes.

(9)

Hazardous waste shall mean those wastes as defined in 40 CFR, Part 261, Federal Regulations, as hazardous due to their ignitability, corrosivity, reactivity, or toxicity.

(10)

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

(11)

Incident [shall mean] 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 or the environment.

(12)

Industrial sludge or residuals shall mean sludges that are primarily composed of materials generated through a manufacturing or other industrial process, including air treatment sludges and water treatment sludges.

(13)

Nuisances injurious to health means those conditions which are defined in Chapter 386.041, Florida Statutes.

(14)

Objectionable odor shall be construed to be a noisome odor which materially offends the sense of smell and which is created during the disposal, treatment, or management of septage, domestic wastewater residuals, or industrial wastewater residuals and prevents the reasonable and comfortable use and enjoyment of property by the public when such odor can be detected by the human senses beyond the property limits of the person responsible for the source thereof.

(15)

Person means any individual, association, partnership, corporation or other entity, including any officer, employee, department, agency or instrumentality of the United States, the state or any political subdivision thereof.

(16)

Residuals means domestic wastewater residuals, industrial wastewater residuals, domestic wastewater residuals products, air treatment sludges, and water treatment sludges.

(17)

Surface waters [shall mean] a recognizable body of water, including but not limited to wetlands, swamps or marsh areas, bayheads, cypress ponds, sloughs, and natural or constructed ponds contained within a recognizable boundary.

(18)

Transporters shall mean those persons or companies that operate vehicles within the boundaries of Polk County to collect, transport or land spread domestic wastewater residuals, industrial wastewater residuals, holding tank sludge, chemical/portable toilet sludge, food service sludge or domestic septage.

(19)

Wastewater treatment plant (WWTP) or facility shall mean a central public or private facility for the processing and treatment of wastewater, which is the combination of liquid, solid or semi-solid 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 not be construed to mean portable toilets or septic tanks.

(20)

Wetlands means those areas as defined in subsection 373.019(17), F.S.

(Ord. No. 95-69, § 5, 12-19-95)