§ 27-214. Definitions.

When a word, term, or phrase is not defined herein, the definitions set forth in Chapters 62-701, 62-709 and 62-711, F.A.C., as amended, are adopted and incorporated into this article by reference. The following words, phrases, and terms when used in this article shall have the indicated meanings:

Agricultural waste means solid waste resulting from normal farming operations, the raising and slaughtering of animals, and the processing of animal products, orchard and field crops, which are stored, transported, or disposed of as an unwanted waste material.

Backyard composting means the composting of organic solid waste, such as grass clippings, leaves, or food waste generated by a homeowner or tenant of a single or multi-family residential unit where composting occurs at that dwelling unit.

Biohazardous waste (see Biomedical waste).

Biomedical waste means any solid or liquid waste which may present a threat of infection to humans. Examples include non-liquid tissue and body parts from humans and other primates; laboratory and veterinary waste which may contain human disease-causing agents; discarded sharps; and blood, blood products and body fluids from humans and other primates. The following are also included:

(a)

Used, absorbent materials saturated with blood, body fluids, or excretions or secretions contaminated with blood and absorbent materials saturated with blood or blood products that have dried. Absorbent material includes items such as bandages, gauzes, and sponges.

(b)

Non-absorbent disposable devices that have been contaminated with blood, body fluids or blood contaminated secretions or excretions and have not been sterilized or disinfected by an approved method.

(c)

Other contaminated solid waste materials which represent a significant risk of infection because they are generated in medical facilities which care for persons suffering from diseases requiring Strict Isolation Criteria and used by the U.S. Department of Health and Human Services, Centers for Disease Control, CDC Guideline for Isolation Precautions in Hospitals, July/August 1983.

Borrow pit means a regulated aquatic resource created by excavation of land.

Borrow pit reclamation means the process of reclaiming a borrow pit back to land by filling with fill material.

Borrow pit reclamation area means the specific surface water area where fill material is or has been deposited.

Bulky waste means items whose large size or weight precludes or complicates their handling by normal collection, processing, or disposal methods.

Cell means a volume of solid waste received since the last previous application of initial cover. The compacted waste and subsequent initial cover constitute a cell which usually contains wastes deposited in one day.

Class I Landfill means a solid waste management facility which receives an average of 20 tons or more of solid waste per day.

Class II Landfill means a solid waste management facility which receives an average of less than 20 tons of solid waste per day.

Class III Landfill means a solid waste management facility which receives only vegetative debris, construction and demolition debris, waste tires, asbestos, carpet, cardboard, paper, glass, plastic, furniture other than appliances, or other materials approved by EPGMD which are not expected to produce leachate which poses a threat to public health or the environment.

Clean debris means any solid waste which is virtually inert, which is not a pollution threat to ground water or surface waters, is not a fire hazard, and is likely to retain its physical and chemical structure under expected conditions of disposal or use. The term includes brick, glass, ceramics, and uncontaminated concrete including embedded pipe or steel. Clean debris used as fill material is not solid waste.

Clean wood means wood or lumber which is free of paint, pentachlorophenol, creosote, tar, asphalt, or other wood preservatives. This does not include vegetative debris.

Closing means the time at which a solid waste management facility ceases to accept wastes, and includes those actions taken by the owner or operator of the facility to prepare the facility for any necessary monitoring and maintenance after closing.

Closure means the cessation of operation of a solid waste management facility and the act of securing such a facility so that it will pose no significant threat to human health or the environment.

Commercial waste means all types of solid waste generated by stores, offices, restaurants, warehouses, and other non-manufacturing activities excluding household and industrial waste.

Compost means solid waste which has undergone biological decomposition of organic matter, and has been disinfected using composting or similar technologies, and has been stabilized to a degree which is potentially beneficial to plant growth and which is used or sold for use as a soil supplement, artificial top soil, or other similar uses.

Compost area means a site or discrete area of land or a facility where solid waste is processed using composting technology.

Composting means the process by which biological decomposition of organic solid waste is carried out under controlled aerobic conditions, and which stabilizes the organic fraction into a material which can be easily and safely stored, handled, and used. The presence of anaerobic zones within the composting material will not cause the process to be classified as other than composting. Processing may include physical turning, windrowing, aeration or other mechanical handling of organic matter. Simple exposure of solid waste under uncontrolled conditions resulting in natural decay is not composting except as specified in Chapter 62-709, F.A.C., as amended.

COMPQAP means Florida Department of Environmental Protection Approved Comprehensive Quality Assurance Project Plan.

Construction and demolition debris means discarded materials generally considered to be not water soluble and non-hazardous in nature including, but not limited to, steel, glass, brick, concrete, asphalt material, gypsum wallboard, and lumber from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, including such debris from construction of structures at a site remote from the construction or demolition project site. The term includes rocks, soils, tree remains, trees and other vegetative debris which normally results from land clearing or land development operations for a construction project; clean cardboard, paper, plastic, wood, and metal scraps from a construction project; effective January 1, 1997, except as provided in § 403.707(12)(j), F.S., as amended, unpainted, non-treated wood scraps from facilities manufacturing materials used for construction of structures or their components and unpainted, non-treated wood pallets provided the wood scraps and pallets are separated from other solid waste where generated and the generator of such wood scraps or pallets implements reasonable practices of the generating industry to minimize the commingling of wood scraps or pallets with other solid waste; and de minimis amounts of other nonhazardous wastes that are generated at construction or demolition projects, provided such amounts are consistent with best management practices of the construction and demolition industries. Mixing of construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris.

Construction and demolition debris disposal area means an area of land where construction and demolition debris is or has been placed for disposal.

Contaminated material means material contaminated with hazardous materials that are not a hazardous waste as defined in Chapter 27, Article XII, Section 27-352 of the Code, as amended. Such material may include, but is not limited to, contaminated soils, industrial solid waste, and ash residue.

Curing area means an area where organic material that has undergone the rapid initial stage of composting is further stabilized into a humus-like material.

Design period means the operating life of a solid waste management facility plus any long-term post closure period.

Disease vectors means any rodents, flies, mosquitoes, or other animals including insects, capable of transmitting disease to humans.

Disposal means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or upon any land or water so that such solid waste or any constituent thereof may enter other lands or be emitted into the air or discharged into any waters, including ground waters, or otherwise enter the environment.

Engineer of record means a professional engineer registered in the State of Florida in accordance with provisions of Chapter 471, F.S., as amended, who is appointed by the owner or operator of the solid waste management facility.

Facility has the meaning given it in Chapter 27, Article 1, Section 27-4 of the Code, as amended.

Fill material means material that is likely to retain its physical and chemical structure, and that will not leach contaminants when deposited into water. Fill material includes soil, rock, and clean debris.

Final cover means the materials used to cover the top and sides of a landfill when fill operations cease.

Garbage means all kitchen and table food waste, and animal or vegetative waste that is attendant with or results from the storage, preparation, cooking, or handling of food materials.

Generation means the act or process of producing solid waste.

Ground water has the meaning given it in Chapter 27, Article V, Section 27-192 of the Code, as amended.

Hazardous material has the meaning given it in Chapter 27, Article XII, Section 27-352, of the Code, as amended.

Hazardous waste has the meaning given it in Chapter 27, Article XII, Section 27-352, of the Code, as amended.

Household waste means any solid waste, including garbage, trash, and sanitary waste in septic tanks, derived from households, including single and multi-family residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas.

Industrial solid waste means non-hazardous solid waste generated by manufacturing or industrial processes.

Initial cover means a 6-inch layer of compacted earth used to cover an area of solid waste before placement of additional waste, intermediate cover, or final cover. The term also includes other material or thickness, approved by EPGMD, that minimizes disease vector breeding, animal attraction, and moisture infiltration, minimizes fire potential, prevents blowing litter, controls odors, and improves landfill appearance.

Intermediate cover means a layer of compacted earth at least one foot in depth applied to a solid waste disposal area. The term also includes other material or thickness, approved by EPGMD, that minimizes disease vectors, objectionable odors, and fire, and is consistent with the leachate control design of the landfill.

Land clearing debris means uprooted or cleared vegetative debris resulting from land clearing operations and includes materials such as trees and tree stumps.

Land clearing operation means the uprooting or clearing of vegetation in connection with construction of buildings, rights-of-way, residential, commercial or industrial development, mineral operations, control of weeds or the initial clearing of vegetation to enhance property value.

Landfill means a site, facility, or an area of land where wastes are or have been placed for final disposal.

Leachate means liquid that has passed through or emerged from solid waste and may contain soluble, suspended, or miscible materials.

Lift means a completed horizontal series of cells.

Lined landfill means a landfill constructed with a liner made of synthetic materials, low-permeability soils, or a combination of these materials, which has been approved by EPGMD, and which has met EPGMD's landfill design criteria at the time of licensing.

Liner means a continuous layer of low-permeability natural or synthetic materials, under the bottom and sides of a landfill, solid waste disposal area, or leachate surface impoundment, which controls or prevents the downward or lateral escape of waste constituents or leachate.

Liner system means a system of leachate collection and liner layers comprised of natural or synthetic materials installed between the subgrade and the waste for the purpose of containing the waste and collecting and removing leachate.

Liquid waste means any waste material that is determined to contain free liquids as defined by Method 9095 (Paint Filter Liquids Test), as described in Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods (EPA Pub. No. SW-846).

Manure means a solid waste composed of excreta of animals and residual materials that have been used for bedding, sanitary, or feeding purposes for such animals.

Material recovery means any process by which one or more of the various components in solid waste is separated and concentrated for reuse.

Material recovery area means a site or a discrete area of land or a facility that is used for the extraction from solid waste of recyclable materials, processing of vegetative debris into mulch, materials suitable for use as a fuel or soil supplement, or any combination of such materials.

Modify means any deviation, expansion, or alteration of the licensed design and operation of a facility.

Motor vehicle means an automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads of this state, used to transport persons or property, and propelled by power other than muscular power, but the term does not include traction engines, road rollers, such vehicles as run only upon a track, bicycles, moped, or farm tractors and trailers.

Mulch means a protective vegetative soil covering, spread or left on the ground, to help retain moisture in the soil by retarding evaporation, discouraging weed growth, helping to maintain a constant winter and summer temperature by insulating the soil, or discouraging water runoff and soil erosion by shielding the soil surface from water abrasion and promoting water absorption and retention. Mulch is produced by mechanically reducing the size of materials such as clean wood and vegetative debris.

NTU means Nephelometric Turbidity Unit.

Normal farming operations means the customary and generally accepted activities, practices, and procedures that farmers adopt, use, or engage in during the production and preparation for market of poultry, livestock, and associated farm products; and in the production, harvesting, or packaging of agricultural crops which include agronomic, horticultural, and silvicultural crops. Included is the management, collection, storage, composting, transportation, and utilization of organic agricultural waste, manure, and materials solely derived from agricultural crops.

Nuisance has the meaning given it in Chapter 27, Article I, Section 27-4, of the Code, as amended.

Objectionable odor has the meaning given it in Chapter 27, Article IV, Section 27-172, of the Code, as amended.

On-site means on the same or geographically or contiguous property under common ownership and control.

Open burning has the meaning given it in Chapter 27, Article IX, Section 27-282, of the Code, as amended.

Owner or operator means any person or entity who owns or operates a facility, activity, vehicle, or property subject to the regulations of the Code.

Person has the meaning given it in Chapter 27, Article I, Section 27-4, of the Code, as amended.

Processing means any technique designed to change the physical, chemical, or biological character or composition of any solid waste so as to render it safe for transport, amenable to recovery, storage or recycling, safe for disposal, or reduced in volume or concentration.

Prohibited materials means used oil, hazardous waste, biomedical waste, or any other material that is not allowed to be processed on-site.

Recovered materials means metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted or source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered materials as described above are not solid waste.

Recovered materials processing facility means a facility engaged solely in the storage, processing, resale, or reuse of source separated recovered materials.

Recyclable material means those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste.

Recycling means any process by which solid waste, or materials which would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products.

Regulated aquatic and wetland resources has the meaning given it in Chapter 27, Article XI, Section 27-332, of the Code, as amended.

Resource recovery means the process of recovering materials or energy from solid waste, excluding those materials or solid waste under control of the Nuclear Regulatory Commission.

Sludge has the meaning given it in Chapter 27, Article XII, Section 27-352, of the Code, as amended.

Solid waste means sludge unregulated under the Federal Clean Water Act or Clean Air Act, 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, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. Materials not regulated as solid waste pursuant to this article are recovered materials, as defined herein; nuclear source or byproduct materials regulated under Chapter 404, F.S. or under the Federal Atomic Energy Act of 1954, as amended; suspended or dissolved materials in domestic sewage effluent or irrigation return flows, or other regulated point source discharges; regulated air emissions; and fluids or wastes associated with natural gas or crude oil exploration or production.

Solid waste disposal area means a discrete area of land used for the disposal of solid waste.

Solid waste management means the process by which solid waste is collected, transported, stored, separated, processed, or disposed of in any other way, according to an orderly, purposeful, and planned program.

Solid waste management facility means any landfill, solid waste disposal area, borrow pit reclamation area, compost area, material recovery area, volume reduction plant, transfer station, waste tire processing or collection area, or other facility, the purpose of which is recovery, disposal, recycling, depositing, processing, or storage of solid waste and fill material. The term does not include recovered materials processing facilities.

Solid waste management license means an authorization issued by EPGMD to construct, operate, or modify a solid waste management facility.

Special wastes means solid wastes that can require special handling and management, including, but not limited to, white goods, waste tires, used oil, lead-acid batteries, construction and demolition debris, ash residue, vegetative debris, biomedical wastes, contaminated materials, and land clearing debris.

Stabilized means that biological and chemical decomposition of the waste has ceased or diminished to a level such that the decomposition no longer poses a threat to the public water or environment.

Storage means the holding of solid waste for any period of time prior to processing, treatment, disposal or storage elsewhere.

Surface waters has the meaning given it in Chapter 27, Article V, Section 27-192, of the Code, as amended.

Temporary storage means storage for a period of time not to exceed 180 days unless otherwise specified in this article.

Transfer station means a site which stores or holds solid waste for transport to a processing or disposal facility.

Vegetative debris means plants, trees, grass, or weeds that have been cut down as a result of landscaping maintenance or land clearing operations and includes materials such as severed or uprooted trees and tree trunks, tree and shrub trimmings, grass clippings, palm fronds, or green leaf clippings.

Volume reduction plant means an incinerator, pulverizer, compactor, shredding and baling plant, compost area, or other plant which accepts and processes solid waste for recycling or disposal.

Waste tire means a tire that has been removed from a motor vehicle and has not been retreaded or regrooved. The definition of waste tire includes used tires and processed tires.

Waste tire collection area means a site where waste tires are collected from the public prior to being offered for recycling and where greater than 1,000 tires are kept on-site on any given day.

Waste tire processing area means a site where equipment is used to recapture reusable by-products from waste tires or to cut, burn or otherwise alter waste tires so that they are no longer whole. The term includes mobile waste tire processing equipment.

Waste tire residuals means any liquids, sludge, metals, fabric, or by-products resulting from the processing or storage of tires.

White goods means inoperative or discarded refrigerators, ranges, washers, water heaters, freezers, and other similar domestic and commercial large appliances.

Working face means that portion of a landfill or a construction and demolition debris disposal area where waste is deposited, spread, and compacted before placement of initial cover.

Yard trash means vegetative matter resulting from landscaping maintenance or land clearing operations and includes materials such as tree and shrub trimmings, grass clippings, palm fronds, tree and tree stumps.

(Ord. No. 1999-16, § 1, 4-13-99; Ord. No. 1999-55, § 1, 10-12-99; Ord. No. 2005-11, § 9, 5-24-05; Ord. No. 2009-56, § 1, 8-25-09)