§ 28-346. Definitions.

[The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

Best management practices (BMP). A schedule of activities, a prohibition of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of surface waters. Best Management Practices include but are not limited to: treatment facilities to remove pollutants from stormwater; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-stormwater, waste disposal, and drainage from raw materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures and such provisions as the County determines appropriate and necessary for the control of pollutants.

Clean Water Act (CWA). The Federal Water Pollution Control Act (33 U.S.C. §1251 et seq.).

Construction activities. Any and all activities resulting in the modification of surface features, including but not limited to grading, land clearing, or the placement or alteration of buildings, structures or utilities, unless specifically exempted by this or any other applicable Hernando County Ordinance. Hand clearing as necessary for land surveying shall not constitute construction activities.

County. The term "county," "the county" or "this county," shall mean Hernando County, a political subdivision of the State of Florida.

County administrator. The county administrator or designee.

Department. The Florida Department of Environmental Protection, or DEP.

Discharge. Includes, but is not limited to, any release, spilling, leaking, seeping, pouring, emitting, emptying, or dumping, of any substance or material.

Illicit connection. A physical point source to the county's MS4 which is not authorized by the county. Any connection in violation of a NPDES or MSGP permit or failure to notify the county administrator of a connection to the county's MS4 prior to discharging constitutes an illicit connection.

Illicit discharge. Any direct or indirect discharge to the county's MS4 or to regulated waters that is not composed entirely of stormwater, unless exempt pursuant to section 28-348 below. Any discharge in violation of a NPDES permit shall constitute an illicit discharge.

Industrial activities. Activities which are conducted on properties designated for industrial land use in accordance with the Hernando County Comprehensive Plan or other final zoning action, and/or facilities identified by the U.S. EPA as requiring a NPDES stormwater permit under the definition of "Stormwater discharge associated with industrial activity" in Title 40, Section 122.26 of the Code of Federal Regulations or any amendment thereto, and under the provisions of section 403.0885, Florida Statues, and applicable rules of the Florida Administrative Code pursuant to the department's federally-approved National Pollutant Discharge Elimination System (NPDES) stormwater regulatory program.

Inspection. Includes, but is not limited to, any on-site physical examination of all facilities and grounds which may discharge to regulated waters, a review of all records on operation and maintenance of facilities and the results of any monitoring performed for compliance with local, state, and federal regulations and permit conditions.

Maximum extent practicable. A case-by-case analysis considering all relevant factors for determining whether programs to reduce the discharge of pollutants have been optimized to the highest degree possible, including management practices, control techniques and system, design and engineering methods, and such other provisions as may be reasonably determined appropriate for the control of pollutants.

Municipal separate storm sewer system (MS4). A conveyance or system of conveyances (including, but not limited to, roads with drainage systems, streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) owned or operated by a local government that discharges to regulated waters or connects to other MS4s, that is designed solely for connecting or conveying stormwater, and that is not part of a publicly owned treatment works (POTW) as defined by 40 CFR 122.2 or any amendment thereto.

National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permits. General, group, and individual stormwater discharge permits which regulate facilities defined in federal NPDES regulations pursuant to Sections 307, 402, 318, or 405 of the Clean Water Act, and pursuant to provisions of chapter 403, Florida Statues, and applicable rules of the Florida Administrative Code pursuant to the department's federally-approved National Pollutant Discharge Elimination System (NPDES) stormwater regulatory program.

Nontechnical and technical words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

Ordinance. The word "ordinance" shall mean any ordinance of Hernando County and all amendments thereto.

Owner. The word "owner" applied to a building or land, shall include any owner, part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or of a part of such building or land.

Person. The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals.

Pollutant. Anything that causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, and accumulations, which may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure (including but not limited to sediments, slurries, and concrete rinsates); and noxious or offensive matter of any kind.

Shall, may. The word "shall" is mandatory; "may" is permissive.

State. The term "state," "the state" or "this state" shall mean the State of Florida.   

Stormwater. Any surface flow, runoff, and drainage consisting entirely of water from rainstorm events.

Regulated waters. Waters of the United States as defined in 40 CFR §122, as amended, and waters of the state as defined in chapter 403, Florida Statutes, as amended, that lie within Hernando County, even though such waterways may only carry water during rains and storms and may not carry stormwater at and during all times and seasons.

Written or in writing. The term "written" or "in writing" shall be construed to include any representation of words, letters or figures whether by printing or otherwise.

(Ord. No. 2006-10, § 2, 6-20-06)