§ 28-263. Definitions.

The following terms shall have the meanings as follow for the purpose of this article:

Animal feeding operation: A lot or facility (other than an aquatic animal production facility) where the following conditions are met:

(1)

Animals have been or will be stabled or confined and fed or maintained for a total of forty-five (45) days or more in any twelve-month period; and

(2)

Crops, vegetation, forage, growth or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility;

(3)

Two (2) or more animal feeding operations under common ownership are deemed to be a single animal feeding operation if they are adjacent to each other or if they utilize a common area or system for the disposal of wastes.

Animal unit: A unit of measurement for an animal feeding operation calculated by adding the following numbers: the number of slaughter and feeder cattle multiplied by 1.0, plus the number of mature dairy cattle multiplied by 1.4, plus the number of swine weighing over fifty-five (55) pounds multiplied by 0.4, plus the number of sheep multiplied by 0.1, plus the number of horses multiplied by 2.0.

Aquifer: A groundwater-bearing geologic formation, or formations, that contain enough saturated permeable material to yield significant quantities of water.

Community public water supplies: As defined in 17-550, Florida Administrative Code, a community public water supply is a public water supply which serves at least fifteen (15) service connections used by year-round residents or regularly serves at least twenty-five (25) year-round residents.

Concentrated animal feeding operation: A feeding operation where more animals are confined than are specified in the categories listed below:

(1)

One thousand (1,000) slaughter and feeder cattle.

(2)

Seven hundred (700) mature dairy cattle (whether milked or dry cows).

(3)

Two thousand five hundred (2,500) swine weighing over fifty-five (55) pounds each.

(4)

Five hundred (500) horses.

(5)

Ten thousand (10,000) sheep or lambs.

(6)

Fifty-five thousand (55,000) turkeys.

(7)

One hundred thousand (100,000) laying hens or broilers (if the facility has continuous overflow watering).

(8)

Thirty thousand (30,000) laying hens or broilers (if the facility has a liquid manure handling system).

(9)

Five thousand (5,000) ducks.

(10)

One thousand (1,000) animal units.

Conditionally exempt small quantity generator: A conditionally exempt small quantity generator, as defined by the Resource Conservation and Recovery Act of 1976, 40 Code of Federal Regulations 261, is one which in a calendar month generates no more than one hundred (100) kilograms (two hundred twenty (220) pounds or approximately twenty-five (25) gallons) of hazardous waste or less than one kilogram of an acute hazardous waste. Additionally, the generator must never accumulate more than one thousand (1,000) kilograms (two thousand two hundred (2,200) pounds or approximately two hundred fifty (250) gallons) of hazardous waste at any time.

Disposal: The deposit, injection, dumping, spilling, leaking, incineration or placing of any regulated substances into or on any land or water so that such regulated substances or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters including groundwater.

Facility: All buildings, equipment, structures and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person (or by any person which controls, is controlled by or under common control with such person). For purposes of emergency release notification, the term includes spills or discharges from motor vehicles, rolling stock and aircraft.

Groundwater: All water beneath the surface of the ground.

Groundwater resource protection area: All the land area included within the boundaries of the county.

Landfarming: A process for treating contaminated soil by spreading the contaminated soil in a thin layer over an impermeable liner or surface. Contaminant reduction is achieved through a combination of volatilization, biodegradation and photodegradation.

Person: An individual, partnership, joint venture, private or public corporation, association, firm, public service company, political subdivision, municipal corporation, government agency, public utility district or any other entity, public or private, however organized.

Pollution: The presence of any substance or condition in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water.

Potentiometric surface: The elevation to which water will rise in a tightly cased well.

Prohibited uses: Those uses described under the prohibitions for WHPA One, WHPA Two (2) and the Special Protection Area.

Recharge area: Any area of porous, permeable geologic deposits, such as deposits of stratified sand and gravel, and sinkhole area, through which water from any source drains into an aquifer, and including wetlands or waterbodies, together with the watershed.

Regulated substance: Any substance, including petroleum or derivatives thereof, or combination of substances which because of their quantity, concentration, physical, chemical, infectious, flammable, combustible, radioactive or toxic characteristics may cause or significantly contribute to a present or potential risk to human health, safety, welfare, to groundwater resources or to the natural environment. Regulated substances include those materials subject to the following regulations which meet the requirements of this definition:

(1)

Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), 42 USC sections 9601—9675;

(2)

Clean Water Act (Federal Water Pollution Control Act), 33 USC sections 1251—1387;

(3)

Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 USC sections 136—136Y;

(4)

Emergency Planning and Community Right-to-Know Act of 1986 (EPCRTKA), 42 USC sections 11001—11050;

(5)

Hazardous Materials Transportation Act (HMTA), 49 App. (USC) sections 1801—1819;

(6)

Hazardous and Solid Waste Amendments of 1984 (HSWA), Pub.L. 98-616, Nov. 8, 1984, Stat. 3221;

(7)

Solid Waste Disposal Act and Resource Conservation and Recovery Act (RCRA), 42 USC sections 6901—6992K;

(8)

Superfund Amendments and Reauthorization Act (SARA), Pub. L. 99-499, as amended by Pub. L. 99-563, Pub. L. 100-102 and Pub. L. 101-144;

(9)

Toxic Substances Control Act (TSCA), 15 USC sections 2601—2654;

(10)

Hazardous Substances Law, sections 501.061—501.121, Florida Statutes; and

(11)

Chapter 403, Florida Statutes.

Salvage yards: Any area, lot, land, parcel, building or structure or part thereof used for the salvage or disposal of materials, including, but not limited to, motor vehicles, boats and other machinery.

Small quantity generator (SQG): A small quantity generator, as defined by the Resource Conservation and Recovery Act of 1976, 40 Code of Federal Regulations 260, is one who generates less than one thousand (1,000) kilograms (two thousand two hundred (2,200) pounds or approximately two hundred fifty (250) gallons) of hazardous waste in a calendar month.

Solid waste: Solid waste includes garbage, refuse, white goods, special waste, ashes, sludge or other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural or governmental operations. For purposes of this article, solid waste does not include:

(1)

Disposal by persons of solid waste resulting from their own activities on their own property, provided such waste is either from their residential property or is rocks, soils, trees, tree remains and other vegetative matter which normally result from land development operations.

(2)

Storage in containers by persons of solid waste resulting from their own activities on their property, leased or rented property, or property subject to a homeowners or maintenance association for which the person contributes association assessments, if the solid waste in such containers is collected at least once a week.

Special protection areas: Zones delineated around vulnerable features, such as sinkholes, excavations or caves, within which land uses are regulated to protect the quality of the groundwater resource.

Spill: The unpermitted release or escape of a regulated substance directly or indirectly to soils, surface waters or groundwater.

Stormwater: The flow of water which results from and which occurs immediately following a rainfall event.

Time of travel: The time required for groundwater to move from a specific point to the well or from the well to a specific point.

Transmissivity: The rate at which water of the prevailing kinematic viscosity is transmitted through a unit width of the aquifer under a unit hydraulic gradient.

Unconfined aquifer: An aquifer which has the water table as its upper boundary and a confining unit as a lower boundary. It is also an aquifer under atmospheric conditions at the water table.

Vulnerable feature: A natural or man-made feature of the land which has the potential to discharge directly to the aquifer. These features include excavations and solution features such as sinkholes, caves and mine pits which expose the top of the Floridan Aquifer.

Wellhead protection areas (WHPA): Zones delineated around wells and/or wellfields within which land uses are regulated to protect the quality of the groundwater resource.

(Ord. No. 94-8, § 3, 6-27-94)