62-620.200. Definitions

The following words and phrases when used in this chapter shall, unless the context clearly indicates otherwise, have the following meanings:

(1) “Activity” means any action which results in a discharge of wastes into waters of the State or that is reasonably expected to be a source of water pollution.

(2) “Annual average discharge limitation” means the maximum annual average pollutant value allowed by the permit and calculated as the arithmetic mean of the 12 monthly average reclaimed water or effluent samples collected during any consecutive 12-month period.

(3) “Best management practices (BMPs)” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, residuals, industrial sludge or waste disposal, or drainage from raw material storage.

(4) “Bypass” means the intentional diversion of waste streams from any portion of a treatment works.

(5) “CFR” means the Code of Federal Regulations.

(6) “Commercial wastewater” means non-toxic, non-hazardous wastewater from commercial facilities which is usually similar in composition to domestic wastewater, but which may occasionally have one or more of its constituents exceed typical domestic ranges. Included in this definition are wastewaters from commercial and institutional food service operations, commercial laundry facilities with no more than four washing machines, animal holding facilities (such as kennels, veterinary hospitals, and animal grooming facilities), and beauty salons, provided that toxic, hazardous, or industrial wastes are not introduced into the system.

(7) “Continuous discharge” means a discharge which occurs without interruption throughout the operating hours of the facility, except for infrequent shutdowns for maintenance, process changes, or other similar activities.

(8) “Co-permittee” means a permittee to a wastewater permit that is only responsible for permit conditions relating to the discharge for which it is the operator.

(9) “CWA” means the Clean Water Act, as amended, 33 U.S.C. 1251 et seq., in existence on January 1, 1993.

(10) “Daily discharge” means the discharge measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants with limitations expressed in units of mass, the “daily discharge” is calculated as the total mass of the pollutant discharged over the day. For pollutants with limitations expressed in other units of measurement, the “daily discharge” is calculated as the average measurement of the pollutant over the day.

(11) “Demineralization Concentrate” means the concentrated byproduct water, brine, or reject water produced by ion exchange or membrane separation technologies such as reverse osmosis, membrane softening, ultra-filtration, membrane filtration, electrodialysis reversal used for desalination, softening, or reducing total dissolved solids during water treatment for public water supply purposes. This definition does not include reject discharged from membrane separation technologies used to produce water for industrial purposes which may also produce drinking water as an ancillary activity.

(12) “Department” means the State of Florida Department of Environmental Protection.

(13) “Discharge of a pollutant” means any addition of any pollutant or combination of pollutants, as defined in 40 CFR 122.2, to waters from any point source other than a vessel or other floating craft which is being used as a means of transportation. This definition includes additions of pollutants into waters from surface runoff which is collected or channeled by man, and discharges through pipes, sewers, or other conveyances which do not lead to a treatment works. This term does not include an addition of pollutants by any indirect discharger.

(14) “Discharge of wastes” means the introduction or addition to waters of sewage, industrial wastes, and all other liquid, gaseous, solid, radioactive, or other substances that may pollute or tend to pollute any waters of the State. The term includes the discharge of a pollutant and the discharge of stormwater regulated under Section 403.0885, F.S.

(15) “Discharge point” means the outlet, structure, or designated location through which effluent is discharged to ground water.

(16) “Domestic wastewater” means wastewater derived principally from dwellings, business buildings, institutions, and the like, commonly referred to as sanitary wastewater or sewage. When industrial wastewater is combined with domestic wastewater for treatment, determination of whether the treatment plant is designated as domestic shall be in accordance with the definition of domestic wastewater provided in Rule 62-600.200, F.A.C.

(17) “Draft permit” means a document prepared under Rule 62-620.510, F.A.C., indicating the tentative decision of the Department to issue or deny, revise, revoke and reissue, terminate, or reissue a permit. Notices of intent to terminate a permit and to deny a permit are types of “draft permits.” A denial of a request for revision, revocation and reissuance, or termination is not a “draft permit.” A “proposed permit” is not a “draft permit.”

(18) “Effluent limitation” means any restriction established by the Department on quantities, rates, or concentrations of chemical, physical, biological, or other constituents which are discharged from sources into waters of the State.

(19) “EPA” means the U.S. Environmental Protection Agency.

(20) “General permit” means a permit issued by rule of the Department under Section 403.814, F.S., which authorizes a person to undertake certain activities, which when performed in accordance with the specific requirements and practices set forth in the general permit have a minimal adverse environmental effect.

(21) “Industrial sludge” means the accumulated solids, residues, and precipitates generated as a result of industrial wastewater treatment.

(22) “Industrial wastewater” means process and non-process wastewater from manufacturing, commercial, mining, and silvicultural facilities or activities, including the runoff and leachate from areas that receive pollutants associated with industrial or commercial storage, handling or processing, and all other wastewater not otherwise defined as domestic wastewater.

(23) “Major facility” means any NPDES facility or activity classified as such by EPA with the concurrence of the Department.

(24) “Minor modification” means a modification to the facility or activity which is not expected to lead to a substantially different environmental impact or which will not involve a substantially different type of wastewater, residuals, or industrial sludge treatment, or reuse or disposal system. A minor modification does not substantially change the characteristics of the effluent, reclaimed water, residuals or industrial sludge nor does it change the permitted capacity of the treatment or reuse or disposal system. For domestic wastewater facilities, it includes construction to replace a unit operation or process structure, and construction to a unit operation or mechanical equipment which is not associated with routine facility maintenance.

(25) “Minor revision” means a change to the permit conditions, including any decrease or increase in staffing requirements or monitoring frequencies, correction of minor errors or typographical mistakes, transfer of a permit to a new owner, extension of compliance dates or construction schedules, deletion of outfalls or discharge points, incorporation of an approved pretreatment program by reference, or authorization of a minor modification to a facility or activity.

(26) “Modification” means the alteration, expansion, upgrade, extension, replacement of, or addition to an existing wastewater facility or activity. “Modification” does not include, and no permit revision is required for:

(a) Structural changes to an existing wastewater facility or activity, site or plant, that do not change the quality, nature, or quantity of the discharge of wastes or that do not cause water pollution; or

(b) Construction, replacement, or repair of components of an industrial site or plant which does not change the permitted treatment works or the terms and conditions of the wastewater permit.

(27) “Monthly average discharge limitation” means the maximum monthly average pollutant value allowed by the permit and calculated as the arithmetic mean of each reclaimed water or effluent sample collected on a separate day during a period of 30 consecutive days.

(28) “New discharger” means any building, structure, facility, or installation:

(a) From which there is or may be a discharge of wastes to surface waters;

(b) That did not commence the discharge at a particular site prior to August 13, 1979;

(c) Which is not a “new source” as defined in subsection (29) in this section; and

(d) Which has never received a finally effective NPDES permit for discharges to surface waters at that site.

(e) This definition includes: an industrial discharger to a POTW which commences discharging into waters after August 13, 1979; an existing mobile point source such as a seafood processing rig, seafood processing vessel, or aggregate plant, that begins discharging at a site for which it does not have a permit; and any offshore or coastal mobile oil and gas exploratory drilling rig or coastal mobile oil and gas developmental drilling rig that commences discharging after August 13, 1979, at a site under Department jurisdiction for which it is not covered by an individual or a general permit.

(29) “New source” means any building, structure, facility, or installation from which there is or may be a discharge of wastes to surface water, the construction of which commenced:

(a) After promulgation of standards of performance under section 306 of the Clean Water Act which are applicable to such source, or

(b) After proposal of standards of performance under section 306 of the Clean Water Act which are applicable to such source, but only if the standards are promulgated within 120 days of their proposal.

(30) “Non-NPDES Generic Permit” means a type of general permit issued by rule of the Department under the authority of Section 403.087, F.S., which may be issued by the Department to regulate a category of wastewater facilities or activities if they all: involve the same or substantially similar types of operations; discharge the same types of wastes or engage in the same types of residuals or industrial sludge use or disposal; require the same or similar monitoring; and are more appropriately controlled under a generic permit than an individual permit.

(31) “Non-process wastewater” means water that does not come into direct contact with or does not result from the production or use of any raw material, intermediate product, finished product, by-product, waste product or wastewater. It includes sanitary wastes, restaurant or cafeteria wastes, and non-contact cooling water used only to reduce temperature.

(32) “NPDES” means National Pollutant Discharge Elimination System.

(33) “NPDES Generic Permit” means a type of general permit issued by rule of the Department in accordance with subsection 62-620.710(3), F.A.C., under the authority of Section 403.0885, F.S., (general permit under 40 CFR 122.28) which may be issued by the Department to regulate a category of wastewater facilities or activities if they all: involve the same or substantially similar types of operations; discharge the same types of wastes or engage in the same types of residuals or industrial sludge use or disposal; require the same or similar monitoring; and are more appropriately controlled under a generic permit than an individual permit.

(34) “Outfall” means the outlet, structure, or designated location through which effluent is discharged to surface water.

(35) “Permittee” means the owner, operator or other entity to which a permit for a wastewater facility or activity is issued by the Department. The term “permittee” shall be functionally synonymous with the terms “owner,” “contractor,” and “licensee,” but shall not include licensed individuals, such as State certified operators, unless they are the persons to whom a facility permit is issued by the Department. The term shall extend to a permit “applicant” for purposes of this chapter.

(36) “Pollution” is as defined in Section 403.031, F.S.

(37) “Point source” means any discernible, confined, and discrete conveyance, including any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural stormwater runoff.

(38) “Process wastewater” means any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product.

(39) “Proposed permit” means a permit prepared after the close of the public comment period and, when applicable, after any public meeting, which is sent to EPA for review before final issuance by the Department. A “proposed permit” is not a “draft permit.”

(40) “Publicly owned treatment works” (“POTW”) means any device or system used in the treatment, including recycling and reclamation, of domestic sewage or industrial wastes of a liquid nature which is owned by the State, a county, or a municipality. This definition includes sewers, pipes, or other conveyances only if they convey wastewater to a POTW providing treatment.

(41) “Recommencing discharger” means a source which recommences discharge after terminating operations.

(42) “Residuals” means the solid, semisolid, or liquid residue generated during the treatment of domestic wastewater. Not included are solids removed from pump stations and lift stations, septage, and screenings and grit removed from the headworks of domestic wastewater treatment facilities and other solids as defined in Chapter 62-640, F.A.C. Also, not included is ash generated during the incineration of residuals.

(43) “Severe property damage” means substantial physical damage to property, damage to the 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.

(44) “Sewage from vessels” means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes that are discharged from vessels and regulated under section 312 of CWA.

(45) “Sewage sludge” means residuals.

(46) “Silvicultural facilities or activities” means any discernible, confined and discrete conveyances related to rock crushing, gravel washing, log sorting, or log storage facilities which are operated in connection with silviculture and from which pollutants are discharged into waters. The terms do not include non-point source silvicultural activities such as nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or road construction and maintenance from which there is natural runoff. As used in this definition, rock crushing and gravel washing facilities mean facilities which process crushed and broken stone, gravel and riprap. Log sorting or log storage facilities, as used in this definition, mean facilities whose discharges result from the holding of unprocessed wood, logs or roundwood with or without bark, held in self-contained mill or log ponds or stored on land where water is applied intentionally on the logs.

(47) “Small Water Utility Business” means any facility that distributes potable water to two or more customers and discharges demineralization concentrate at a flow rate less than 50,000 gallons per day.

(48) “Stormwater Discharge Associated with Industrial Activity” is as defined in 40 CFR 122.26(b)(14).

(49) “Substantial modification” means a modification to the facility or activity which is reasonably expected to lead to a substantially different environmental impact or which involves a substantially different type of wastewater, residuals or industrial sludge treatment, reuse or disposal system. A substantial modification includes changes in the characteristics of the effluent, reclaimed water, residuals, or industrial sludge; changes to the location of the discharge; or changes to the permitted capacity of the treatment, or reuse or disposal system. A substantial modification requires filing an application for a substantial revision to a permit.

(50) “Substantial revision” means a change in the permit conditions in response to a substantial modification to the facility or activity, to changes in the effluent limitations, to the granting of a variance pursuant to Part VI of this chapter, or to a demonstration of good cause in accordance with subsection 62-620.325(1), F.A.C.

(51) “Toxic pollutant” means any pollutant listed as toxic in 40 CFR 401.15.

(52) “Treatment works” means any treatment plant or other works used for the purpose of treating, stabilizing, or holding wastes.

(53) “Upset” means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based effluent limitations because of factors beyond the reasonable control of the permittee.

(a) An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, careless or improper operation.

(b) An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of upset provisions of Rule 62-620.610, F.A.C., are met.

(54) “U.S.” means United States.

(55) “Wastewater facility” or “facility” means any facility which discharges wastes into waters of the State or which can reasonably be expected to be a source of water pollution and includes any or all of the following: the collection and transmission system, the wastewater treatment works, the reuse or disposal system, and the residuals management facility.

(56) “Waters” means those waters defined in Section 403.031, F.S.

(57) “Weekly average discharge limitation” means the maximum weekly average pollutant value allowed by the permit and calculated as the arithmetic mean of each reclaimed water or effluent sample collected on a separate day during a period of seven consecutive days.

(58) “Whole Effluent Toxicity (WET)” means the aggregate toxic effect of an effluent measured directly by a toxicity test.

Specific Authority 403.061, 403.087, 403.8055 FS. Law Implemented 403.031, 403.051, 403.061, 403.087, 403.088, 403.0882, 403.0885 FS. History–New 11-29-94, Amended 12-24-96, 10-23-00, 12-23-04, 7-10-06.