§ 27-352. Definitions.

When used in this Article, the following words, phrases, and terms shall have the indicated meanings:

Abandonment means relinquishing responsibility for any hazardous material unless otherwise indicated in this Article.

Accidental discharge means a discharge resulting in a pesticide or its residue(s) becoming deposited on public lands or in public waters through dumping, drift, run-off, incineration, or other means.

Biomedical waste, also referred to as "biohazardous waste," has the meaning given it in Section 27-214, of the Code, as amended.

Cleanup Target Level (CTL) is the concentration for each contaminant as measured by the applicable analytical test method in the medium of concern at which a site rehabilitation program is deemed complete.

Combustible liquid is defined as a liquid having a flash point at or above one hundred (100) degrees Fahrenheit (37.8 degrees Celsius).

Contaminant means a hazardous material, as defined within this Article, which has been released to the air, waters, soils, or other natural resources of Broward County at a level or concentration which exceeds any applicable federal, state, or local regulatory cleanup standard or cleanup target level. In cases where no regulatory standard is available, EPGMD will make a determination as to whether the release poses an actual threat or potential risk to water supplies, to the environment, or to health and safety. If a determination is made that the release poses an actual threat or potential risk, then for the purpose of this definition and Article, the release would be considered a contaminant.

Discarded is defined as any material, substance, or product which has served the manufacturer's original intended purpose and has been or is in the process of being rejected, disposed of, or recycled, or is being stored or accumulated in order to be eventually rejected, disposed of, or recycled.

Discarded hazardous material means any hazardous material which has served the manufacturer's original intended purpose and has been or is in the process of being rejected, disposed of, or recycled, or hazardous material stored or accumulated in order to be eventually rejected, disposed of, or recycled. Such material may include, but is not limited to, hazardous waste, used oil, used oil filters, waste radiator fluid, industrial wastewater, petroleum contaminated media and water, contaminated soils, waste fuel, leachate, or waste photographic fixer.

Double-walled means a storage tank that has an outer tank wall, or integral piping that has an outer wall, that provides secondary containment of the primary tank or piping.

Engineering Control means modifications to a site to reduce or eliminate the potential for contaminant migration and exposure to contaminants. Examples of modifications include physical or hydraulic control measures, capping, point-of-use treatments, or slurry walls.

Facility is any building, structure, installation, equipment, pipe or pipeline, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, vessel, rolling stock, or aircraft; or any site or area where a hazardous material has been deposited, stored, disposed of, or placed or otherwise came to be located; but does not include any consumer product in consumer use.

Flammable liquid is a liquid having a flash point below one hundred (100) degrees Fahrenheit (37.8 degrees Celsius) and having a vapor pressure not exceeding forty (40) pounds per square inch (absolute) (2,068 mm Hg) at one hundred (100) degrees Fahrenheit (37.8 degrees Celsius).

Hazardous material is defined as any substance or mixture of substances which meets any one (1) of the following criteria:

(a)

Hazardous waste as defined in this Article.

(b)

Any substance listed in Article XIII, Appendix A, of this Chapter.

(c)

Any petroleum product or any material or substance containing discarded petroleum products.

(d)

Any substance identified as hazardous in the most current version of the following regulations:

(1)

Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. Section 9601, et seq. ).

(2)

Emergency Planning and Community Right-to-Know Act (42 U.S.C. Section 11001, et seq. )

(3)

Hazardous Material Transportation Act (49 U.S.C. Section 5101, et seq. ).

(4)

Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Subsection 136(a)-(y)).

Hazardous material facility is any site or area, excluding vehicles used solely for the transportation of people or property, where either of the following occurs:

(a)

Any extremely hazardous substance in excess of the threshold planning quantity as defined by the most current version of the Emergency Planning and Community Right-to-Know Act, (42 U.S.C. Section 11001, et seq., is present.

(b)

Within a one (1) month period of time, an aggregate amount of twenty-five (25) gallons or more or an equivalent dry volume of hazardous material are stored, handled, generated, used, processed, manufactured, disposed of, or are otherwise present.

To determine the applicability of this definition to any dry volume quantity of hazardous material reported in units of pounds, the pounds are to be converted to an equivalent volume in gallons by dividing the units of pounds by ten (10). The resulting number would then be used to determine whether the quantity falls within the criteria for a hazardous material facility. This type of facility is also referred to as a hazardous material management facility in this Article.

Hazardous Material Transfer Facility is any site, location, area, or facility which has as its primary purpose the storage, holding, or processing of discarded hazardous material, sludge, or biomedical waste, prior to or during transport to a processing or disposal facility. Excluded from this definition are licensed industrial wastewater treatment systems and industrial wastewater basins.

Hazardous waste is any substance defined or identified as a hazardous waste in 40 C.F.R. Parts 260—265 and appendices, promulgated pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., as amended, and Rule 62-730, F.A.C., as amended.

Impermeable is defined as any coating, membrane, surface, or structure designed to contain a hazardous material in a manner which eliminates the likelihood of a release to the environment.

Institutional Control means the restriction on use of, or access to, a site to eliminate or minimize exposure to contaminants. Examples of restrictions include deed restrictions, use restrictions, or restrictive zoning.

Mobile tank:

(a)

Is an aboveground storage tank system, five hundred fifty (550) gallons or less in capacity, that is moved to a different location at least once every one hundred eighty (180) days, and:

(1)

Has a current valid vehicular registration with the Florida Department of Highway Safety and Motor Vehicles and has current test and inspection markings in accordance with 49 C.F.R Section 180.415; or

(2)

Is designed and constructed to be moved to other service locations, and its relocation within a facility or from site to site is inherent in its use; or

(3)

Is used for on-site construction activities, provided that the construction activities do not exceed twelve (12) months, or the life of the construction project as long as construction is continuous, and the tanks are removed from the site when the construction is complete; or

(4)

Is permanently connected to its mode of transport, which is used to transport a hazardous material for dispensing or transfer, and is appropriately constructed, placarded, and operated in compliance with all local, state, and federal regulations.

(b)

However, notwithstanding that an aboveground storage tank system meets the definition of Subsection (a), it is not considered mobile if it is connected to stationary underground or aboveground integral piping, unless associated with the production of an agricultural commodity and provided that the tank is moved at least once every one hundred eighty (180) days.

Natural attenuation is an approach to site rehabilitation that allows natural processes to contain the spread of contamination and reduce the concentrations of contaminants in contaminated groundwater and soil. Natural attenuation processes may include the following: sorption, biodegradation, chemical reactions with subsurface materials, diffusion, dispersion, and volatilization.

Owner/operator is defined as any person or entity that owns or operates a facility, activity, vehicle, or property subject to regulation pursuant to this Article.

Pesticide means any substance or mixture of substances intended for:

(a)

Preventing, destroying, repelling, or mitigating any insects, rodents, nematodes, fungi, weeds, or other forms of plant or animal life or viruses, except viruses or fungi on or in man or other animals; or

(b)

Use as a plant regulator, defoliant, or desiccant.

Petroleum products are liquid or semisolid materials containing petroleum or associated by-products, including, but not limited to, petroleum, fuel, sludge, crude, and all other liquid hydrocarbons regardless of specific gravity, gasoline, and kerosene, and as defined by the most current versions of Rule 62-770, Rule 62-761 or Rule 62-762, F.A.C.. This definition also includes any substances contaminated by discarded petroleum products.

Primary containment is defined as any impermeable coating, surface, membrane, or structure which is in direct contact with the hazardous material being contained. In cases where the impermeable membrane or structure is an area used for the purpose of containing free-flowing hazardous material, the area must also provide for protection from weather and prevent stormwater from entering the containment area.

Product-tight is defined as a container which is impervious to the hazardous material being contained or to be contained therein so as to prevent seepage of the hazardous material from the primary containment.

Release is defined as the unauthorized spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, seeping, leaching, dumping, and/or disposing of any hazardous material (including abandoning or discarding barrels, containers, or other closed receptacles) to the air, waters, soils, or other natural resources of Broward County.

Remedial Action Plan (RAP) is a document prepared in the format specified in the most current version of Rule 62-770, F.A.C., for petroleum contamination; or the most current version of Rule 62-782, F.A.C., for dry-cleaning solvent contamination; or the most current version of Rule 62-785, F.A.C., for contamination at brownfields; or the most current version of Rule 62-780, F.A.C., for all other types of contamination and which describes the remediation and/or removal from the site of any contaminants listed in the SAR or which have been identified on a given site by any other means.

Reportable quantity threshold is defined as the most stringent threshold set forth in any one (1) of the following:

(a)

The most current version of 40 C.F.R. Parts 302 and 355, promulgated pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. Section 9601, et seq. ); or

(b)

The most current version of Sections 27-196, 27-197, 27-198, or Appendix A of Article XIII of this Chapter, as applicable.

(c)

Reporting requirements for petroleum products and other pollutants as specified in the most current version of Rules 62-761 and 62-762, F.A.C.

(d)

A release to the environment of any substance not specified above, which is known to be hazardous due to quantity, concentration, physical, chemical, or infectious characteristics which exceeds any applicable federal, state, or local regulatory cleanup target level or which EPGMD determines poses an actual threat or potential risk to water supplies, to the environment, or to health and safety.

Residential is a unit used for noncommercial and/or nonindustrial purposes which has less than four (4) live-in units.

Responsible party is defined as any of the following:

(a)

Any person or entity, including any owner/operator, who permitted, caused, suffered, or allowed the release of any hazardous material into the air, waters, soils, or other natural resources of Broward County.

(b)

The owner or operator of a facility where a contaminant is present or where a hazardous material has been released.

(c)

Any person or entity that previously owned or operated the facility during a time in which a hazardous material was released onto the facility or where contaminants were present on the facility.

(d)

Any person or entity that, by contract, agreement, or otherwise, arranged for disposal or treatment, or arranged with a transporter for disposal or treatment, of hazardous material.

(e)

Any person or entity, other than emergency services personnel acting in their official capacity, that accepts or accepted any hazardous material for transport to disposal or treatment facilities, incineration vessels, or any other sites approved to receive such wastes.

(f)

Any owner/operator of any treatment, storage, or disposal (TSD) facility from which there is a release or a threat of release.

A responsible party as defined herein may assert those defenses as set forth in applicable federal and state law.

Secondary containment is an impermeable coating, membrane, surface, or structure in which tanks or containers are placed. For tanks or containers larger than one hundred ten (110) gallons, the secondary containment shall hold one hundred ten (110) percent of the volume of the largest tank or container. For tanks or containers of one hundred ten (110) gallons or less, the secondary containment shall hold twenty (20) percent of the combined volume of all the tanks or containers within the secondary containment, but no less than the volume of the single largest tank or container. All materials in a secondary containment shall be stored in a manner which prevents contact with an incompatible material or container in the event of a release. For the purpose of this Article, a double-walled tank shall be considered secondary containment.

Site Assessment Report (SAR) is a document, prepared in the format specified in the most current version of Rule 62-770, F.A.C., for petroleum contamination; or the most current version of Rule 62-782, F.A.C., for dry-cleaning solvent contamination; or the most current version of Rule 62-785, F.A.C., for contamination at brownfields; or the most current version of Rule 62-780, F.A.C., for all other types of contamination; and which determines the magnitude and extent to which a contaminant is present in the air, waters, soils, or other natural resources of Broward County.

Sludge is a solid waste pollution control residual which is generated by any industrial or domestic wastewater treatment plant, water supply treatment plant, air pollution control facility, septic tank, grease trap, portable toilet, or related operation, or any other such waste having similar characteristics. Sludge may be a solid, liquid, or semisolid waste but does not include the treated effluent from a wastewater treatment plant.

Source Removal is the removal and proper disposal of free product and/or contaminated soil, performed in accordance with the most current version of Rule 62-770, F.A.C., for petroleum products; or the most current version of Rule 62-782, F.A.C., for dry-cleaning solvent contamination; or the most current version of Rule 62-785, F.A.C., for contamination at brownfields; or the most current version of Rule 62-780, F.A.C., for all other types of contamination; which is taken by a responsible party to minimize or eliminate the migration of any contaminants which have been identified in the air, waters, soils, or other natural resources of Broward County.

Toxicity is defined as the characteristic of a substance to be toxic based upon the toxicity characteristic leaching procedure testing methodology.

Toxicity Characteristic Leaching Procedure (TCLP) is the method of hazardous waste identification defined in 40 C.F.R. Part 261, Appendix II promulgated pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., as amended.

Unauthorized means to perform any activity governed by the provisions of this Chapter without a license or prior to receipt of written approval from EPGMD.

Used oil is defined as any oil which has been refined from crude oil or synthetic oil and, as a result of use, storage, or handling, has become contaminated and unsuitable for its original purpose due to the presence of physical or chemical impurities or loss of original properties.

Waste transporter is any person or entity that at any time carries, conveys, bears, or transports discarded hazardous material, sludge, or biomedical waste for commercial purposes.

(Ord. No. 1999-52, § 1, 9-28-99; Ord. No. 2005-11, § 9, 5-24-05; Ord. No. 2008-09, § 1, 2-26-08; Ord. No. 2009-56, § 1, 8-25-09)