§ 27-4. Definitions.

Technical terms used in this chapter and in the rules and regulations adopted pursuant thereto are defined in accordance with the most recent version of the following publications: Glossary of Water and Sewage Control Engineering published jointly by the American Public Health Association, the American Society of Civil Engineers, American Water Works Association and Water Pollution Control Federation; The Condensed Chemical Dictionary, published by Van Nostrand and Reinhold Co.; and relevant chapters of the Florida Statutes, the Florida Administrative Code, and the Florida Building Code. As used in this chapter, the following words and phrases shall have the following meanings unless some other meaning is plainly indicated. However, there are other words, phrases and terms which apply to a particular section, division or article of this chapter; and these definitions for a specific section, division, or article shall control for that specific section, division, or article.

(1)

Adjudicatory proceeding means a quasi-judicial proceeding conducted by the hearing examiner that:

a.

May result in the imposition of a civil penalty for a violation of this chapter.

b.

Involves an administrative review of a final administrative decision.

c.

Involves an application for a variance.

(2)

Applicant means any person that applies for a license issued pursuant to this chapter, for a license issued pursuant to any delegated or contracted program, for approval of building permits, or for conceptual review. "Applicant" shall also mean, but not be limited to any person's partner, joint venturer, corporate officer or director, employee, parent corporation, or stockholder.

(3)

Board means the Broward County Board of County Commissioners.

(4)

Building permit means an authorization or approval by a municipality or the county to proceed with construction, alteration, repair, installation or demolition at or on any facility or structure as set forth within the Florida Building Code. It is not an authorization to construct, alter, repair, install or demolish a facility that may be a source of pollution.

(5)

CFR means Code of Federal Regulations.

(6)

Citation means a notice assessing an administrative penalty for a violation of this chapter.

(7)

Code means the Natural Resource Protection Code, which is chapter 27 of the Broward County Code of Ordinances.

(8)

Commencement of construction means the actual on-site, continuous and systematic activity of land surface alteration, construction and fabrication of a facility.

(9)

Construction means performing fabrication, erection, installation or modification of a source or facility, including, but not limited to, installation of foundations or building supports, laying of underground pipe work or electrical conduit; fabrication or installation of storage structures, component parts of a source or facility, associated support equipment, or utility connections; and land development activities, including site preparation.

(10)

Construction license means the authorization to construct, expand, modify or make alterations to any facility and to temporarily operate and test such new or modified facility.

(11)

County means Broward County, a political subdivision of the State of Florida.

(12)

DEP means the Florida Department of Environmental Protection.

(13)

Discharge means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying, releasing or dumping of materials, into the air, onto or in the soil, into the groundwater or into the surface water or onto an impervious surface which has the potential to discharge into the water or onto the soil.

(14)

Director means the director of the EPGMD or his or her designee.

(15)

Environmental review approval means a written authorization, other than a EPGMD license, to proceed with the development, construction, or alteration of any real property, structure, or facility, when required by this chapter.

(16)

EPA means the United States Environmental Protection Agency.

(17)

EPGMD means the Broward County Environmental Protection and Growth Management Department.

(18)

F.A.C. means Florida Administrative Code.

(19)

Facility means:

a.

All contiguous land, structures, machinery and other appurtenances, and improvements used for production, manufacturing, treatment, handling, storing or disposing of materials. A facility may consist of several production, manufacturing, treatment, handling, storing or disposal operations.

b.

Any land development activity or site.

c.

Any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft. (CERCLA 42 U.S.C.A. 9601)

(20)

Habitual violator means any person or responsible party who has been adjudicated to be in violation of this chapter, or who has entered into a settlement agreement for a violation of this chapter, two (2) times within one (1) year or five (5) times within five (5) years of the most recent violation.

(21)

License means:

a.

The authorization to engage in or conduct any construction, operation, modification or expansion of any facility or activity which will reasonably be expected to be a source of pollution or an agreement binding upon the licensee in which, in return for the privilege to conduct the licensed activities, the licensee accepts and agrees to operate in compliance with the conditions, standards and requirements of the license conditions, this chapter, and Florida and federal environmental laws and regulations.

b.

The authorization to engage in or construct the remediation, abatement and/or mitigation of environmental damage or an environmental hazard pursuant to the requirements contained in this chapter.

(22)

License condition means a statement or stipulation issued with a license, compliance with which is mandatory for continued validity of the license and which shall survive the expiration of the license unless otherwise indicated in the license.

(23)

Litter means, but is not limited to, garbage, rubbish, trash, refuse, can, bottle, box, container, paper, tobacco product, tire, appliance, mechanical equipment or part, building or construction material, tool, machinery, wood, motor vehicle or motor vehicle part, vessel, aircraft, farm machinery or equipment, sludge from a waste treatment facility, water supply treatment plant, or air pollution control facility, or substance in any form resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations.

(24)

Modification means a change in design or operation that increases or decreases capacity; affects emission, effluent, noise or discharge quantity or quality; increases or deceases environmental impact; or affects the potential for emission, effluent production, noise produced or discharge.

(25)

Moral turpitude shall mean a crime which is inherently immoral or dishonest including, but not limited to, fraud, extortion, blackmail or crimes against minors.

(26)

Notice of violation (NOV) means a notice alleging a violation of this chapter.

(27)

Nuisance means any emission, discharge, release, and/or placement of any substance into the atmosphere, waters or soil, or onto an impervious surface which has the potential to discharge into the water or onto the soil which may cause injury or detriment to the public, to any person or to the environment; which endangers the comfort, repose, health or safety of any person or the public; which endangers the environment or which causes or has a natural tendency to cause injury or damage.

(28)

Operation license means the authorization to operate or maintain any facility for a specified period of time.

(29)

Person means any natural person, individual, owner, operator, public or private corporation, firm, association, joint venture, partnership, municipality, governmental agency, political subdivision, public officer, responsible party or any other entity whatsoever, or combination thereof, of whatever kind.

(30)

Pollution means the presence in the air, soil, waters or other natural resources of the county or on an impervious surface which has the potential to discharge into the water or onto the soil any substance, contaminant or combination of one (1) or more substances or contaminants, noise, or any artificially induced alteration of the chemical, physical, biological, or radiological integrity of the air, soil, or water in a quantity or at a level that is or may be potentially harmful or injurious to human health or welfare, animal or plant life, property or the environment or that unreasonably interferes with the enjoyment of life or property, including outdoor recreation.

(31)

Pollution prevention (P2) means the act of using materials, processes, or practices that:

a.

Reduce or eliminate the creation of pollution or wastes at the source; and

b.

Protect the environment and reduce the hazards to public health associated with the discharge of pollutants or wastes. This includes equipment or technology modifications, process or procedure modifications, reformulation or redesign of products, material substitution, on-site recycling/reuse, conservation of energy, water, and other natural resources, and improvements in housekeeping, maintenance, training, or inventory control. This does not include off-site recycling, waste treatment, concentrating hazardous or toxic constituents to reduce volume, diluting constituents to reduce hazard or toxicity, or transferring hazardous or toxic constituents from one environmental medium to another.

(32)

Responsible party is defined as any person, including any owner, property owner, corporate officer operator, landlord and/or tenant, that allows, causes, suffers, assists in, commits, directs, or is responsible for an activity that results in a violation of this chapter.

(33)

Service means notice by the same procedures as required for code enforcement boards pursuant to section 162.12, Florida Statutes, as amended, or as provided for in section 27-39 of this chapter.

(34)

Source means the facility from which an effluent or discharge originates.

(Ord. No. 2003-34, § 1, 9-23-03; Ord. No. 2005-08, § 2.02, 4-26-05; Ord. No. 2009-56, § 1, 8-25-09)