§ 28-292. Definitions.

For the purposes of this article the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory. The word "may" is precatory.

Administrator. The director of regulatory and franchise administration as appointed by the county administrator with the concurrence of the authority or, if such position is vacant or abolished, the county administrator or his/her designee.

Advocate. An attorney, experienced in utility regulatory matters, appointed and compensated by the authority to represent the interests of the utility's ratepayers, with particular emphasis on the residential ratepayer.

Authority. The Hernando County Utility Regulatory Authority, which shall be comprised of the board of county commissioners. Failure of the board to formally adjourn as the board and/or to convene or re-convene as the authority shall have no effect on the validity of actions taken by the authority pursuant to this article or rules hereunder.

Board. The Board of County Commissioners of Hernando County.

Bulk water utility. Any person or business entity of any kind whatsoever, lessee, trustee, or receiver owning, operating, managing, or controlling a system or proposing construction of a system to provide untreated or treated water to a utility, bulk user or distributor of water for compensation.

Clerk of the board. The clerk of the county board of county commissioners.

Contribution-in-aid-of-construction (CIAC). Any amount or item of money, services or property, or any combination thereof directly or indirectly received by a utility, at no cost to the utility or which have value in excess of the consideration given by the utility for the same, the excess of which represents a gift, donation, or contribution to the capital of the utility and is used or planned to be used to offset the acquisition, improvement or construction costs of the utility's property, facilities, or equipment used to provide service to the customers of the utility. The term CIAC includes payments to the utility such as system capacity charges, main extension charges, plant expansion fees, customer connection charges, and other similar monetary or in kind payments to the utility.

Corporate undertaking. The unqualified guarantee of a utility to pay a refund and any interest, as may be required by the board.

County. Hernando County, a political subdivision of the State of Florida.

Domestic wastewater. Wastewater principally from dwellings, business buildings, institutions, and sanitary wastewater or sewage treatment plants.

Franchise certificate or franchise, or certificate of authorization, or certificate of authority . A privilege granted by the board to authorize a utility to provide utility services.

Governmental authority. A political subdivision as defined in F.S. § 1.01, authorized to provide water, wastewater and effluent reuse service.

Industrial wastewater. Wastewater not otherwise defined as domestic wastewater, including runoff and leachate from areas that receive pollutants associated with industrial or commercial storage, handling, or processing.

Official date of filing. The date specified by the authority, or its designee, pursuant to this article which certifies that a utility has filed with the county complete minimum filing requirements established by this article and/or rules of the board, and/or the authority, for the respective application or proceeding.

Person. Any individual, corporation, governmental authority or its representative, estate, trust, partnership, association, fiduciary, and all other groups or combinations thereof, or any other entity.

Presiding officer. The hearing officer, or chair of the authority, when conducting a hearing under this article.

Pro forma year. The twelve-month period immediately following the test year. Data presented is limited to adjustments for known and anticipated changes which are expected to occur during the pro forma year.

Rule of the authority. A rule or resolution approved by the authority pursuant to this article. "Rule" always includes the plural "rules" unless the context indicates the contrary.

Rule of the board. A rule or resolution approved by the board pursuant to this article. Rules of the board may not be amended, or repealed without a public hearing. "Rule" always includes the plural "rules" unless the context indicates the contrary.

Service. The readiness and ability on the part of a utility to furnish and maintain water and/or wastewater and/or effluent reuse service to a point of delivery for each lot and/or tract, or pursuant to applicable rules and/or regulations of any applicable government agency having jurisdiction.

System. Utility facilities and land used and useful in providing service, and, upon a finding by the authority, may include a combination of functionally related facilities and land.

Territory. The geographical service area described as such in a utility's franchise certificate or certificate of authorization. Territory may be referred to herein and in rules as "service area(s)," or "certificated areas."

Test year. A twelve-month period, commencing no more than eighteen (18) months prior to the official date of filing of an application. The data presented in any statement by a utility concerning a test year shall be limited to actual income and expenses, without alteration, as determined on an accrual basis during the subject time period. Adjustments may be identified by the utility pursuant to rules of the authority. A test year may consist of at least six (6) months actual and not more than six (6) projected months, if the test year data is updated during the rate case to reflect actual income and expenses. At its option, the utility may also present a test year which includes known material capital additions that go beyond the test year.

Utility. Any person, government, authority, or business entity, lessee, trustee, and/or receiver, owning, operating, managing, controlling a system or proposing construction of a system, who or which is providing or proposes to provide or offers to provide or holds itself available to provide potable water and/or non-potable water, bulk water, wastewater service, effluent reuse water, or any combination thereof, within the county to the public for compensation, except as provided in section 24-293(b).

Utility trust account. An account maintained by the county clerk of court for the purpose of receiving, holding and expending utility funds, fees and penalty monies as provided under this article.

Wastewater or sewage or sewerage. A combination of the liquid and water-carried pollutants from any residence, commercial building, industrial plant, or institution together with any groundwater, surface runoff, or leachate that may be present.

Wastewater system or sewer, sewer system, or sewerage system. Any and all plant, system, facility or property, and additions, extensions and improvements constructed or acquired as a part thereof, useful or necessary or then having capacity for future use in connection with the collection, treatment, purification and disposal of effluent and/or sludge and/or sewage of any nature, originating from any source, and, includes but is not limited to treatment plants, pumping stations, lift stations, valves, force mains, intercepting sewers, laterals, pressure lines, mains and all necessary appurtenances and equipment; all wastewater mains and laterals for the reception and collection of sewerage connected therewith; all real and personal property and any interest therein, rights, easements, and franchisees of any nature relating to any such system and necessary or convenient for the operation thereof.

Water system. Any and all plant, system, facility or property, and additions, extensions and improvements thereto, constructed or acquired as a part thereof, useful or necessary or the having the present capacity for future use in connection with the development of sources, treatment, purification or distribution of water, and, including but not limited to wells, water treatment facilities, membrane processing "concentrate disposal" facilities, fire hydrants, reservoirs, storage tanks, lines, valves, pumping stations, laterals and pipes for the purpose of carrying water to the premises connected with such system; also includes all real and personal property and any interests or rights therein, easements, and franchises of any nature whatsoever relating to any such system and necessary or convenient for the operation thereof.

(Ord. No. 2002-20, § 2, 10-8-02)

Cross reference

Definitions and rules of construction generally, § 1-2.