§ 10-54. Definition and identification.

(a)

Declaration and intent. The board promulgates subsection (b) of this section to establish appropriate definitions to be used in this article establishing a county hazardous waste management program. Subsection (d) of this section establishes the identification of hazardous wastes to be regulated pursuant to this article, by listing of hazardous wastes and by establishing procedures by which hazardous wastes may be identified. When used in any such provision as may be adopted from 40 CFR 260 and 261:

(1)

United States shall mean Santa Rosa County.

(2)

EPA shall mean the county landfill division, (hereinafter "the department").

(3)

Administrator shall mean department head of the county landfill division or his designee, where appropriate.

(b)

Definitions. 40 CFR 260.10, effective July 1, 1987, as amended by the December 10, 1987, Federal Register, where EPA's definitions of terms used in the hazardous waste program are published, is hereby adopted and incorporated by reference.

(1)

When the same word, phrase or term is defined in F.S. ch. 403, pt. IV [§ 403.702 et seq.] and 40 CFR 260.10 and the definitions are not identical, the definitions as given in the state statute shall apply.

(2)

References to 40 CFR 261 shall mean rules adopted by the department regarding identification of hazardous wastes, references to 40 CFR 263 shall mean rules adopted by the department regarding transporters of hazardous wastes, references to 40 CFR 264 shall mean rules adopted by the department regarding treaters, storers and disposers of hazardous wastes, references to 40 CFR 266 shall mean rules adopted by the department regarding standards for the management of specific hazardous wastes, and references to 40 CFR 270 and 124 shall mean rules adopted by the department regarding permitting of hazardous waste facilities.

(c)

References, variances and case-by-case regulations. 40 CFR 260.11, 260.30, 260.31, 260.32, and 260.33, effective July 1, 1987, where EPA's incorporation of references and variance procedures are published, and 260.40 and 260.41, which contains EPA's case-by-case regulation of hazardous waste recycling activities, are hereby adopted and incorporated by reference.

(d)

Identification of hazardous waste. 40 CFR 261 and all appendices effective July 1, 1987, as amended in the July 10, 1987; August 3, 1987; and April 22, 1988, Federal Registers, where EPA's rules on the identification and listing of hazardous waste are published, are hereby adopted and incorporated by reference. The following modifications shall apply to 40 CFR 261 and its appendices in order to coordinate with county regulation:

(1)

References to 40 CFR 260.20, 260.21 and 260.22, which contain EPA's rules on rulemaking petitions, shall not change.

(2)

References to 40 CFR 263 shall mean rules adopted by the department regarding transporters of hazardous waste, reference to 40 CFR 264 shall mean rules adopted by the department regarding transporters of hazardous waste, reference to 40 CFR 264 shall mean rules adopted by the department regarding treaters, storers and disposers of hazardous wastes, references to 40 CFR 266 shall mean rules adopted by the department regarding standards for the management of specific hazardous waste, references to 40 CFR 270 and 124 shall mean rules adopted by the department regarding permitting of hazardous waste facilities, references to section 3010 of RCRA shall mean notification requirements of state law.

(3)

References to section 1004(5) of RCRA, which is the definition of hazardous waste, shall mean F.S. § 403.703(23).

(e)

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

(1)

Abandoned hazardous waste facility shall mean a hazardous waste storage, treatment or disposal facility or component thereof which:

a.

Is not intended to be returned to service;

b.

Has been out of service for over three years; or

c.

Cannot be tested in accordance with the requirements of this article.

(2)

Existing facility shall refer to a hazardous waste storage, treatment or disposal facility which was in service prior to the effective date of Ord. No. 90-59.

(3)

Facility shall mean all contiguous land and structures, other appurtenances and improvements on the land, used for treating, storing or disposing of hazardous waste. A facility may consist of several treatment, storage, or disposal operational units, e.g., one or more landfills, surface impoundments or combinations of them. Facility as used in this article shall refer solely to commercial profit producing facilities utilized to treat, store or dispose of hazardous waste not produced by the facility owner or operator, and shall not refer to any activities ancillary to the activities of retailers of new petroleum products.

(4)

New shall refer to a hazardous waste storage, treatment or disposal facility which enters service on or after the effective date of Ord. No. 90-59.

(5)

Operator shall mean a person operating a hazardous waste storage and/or treatment facility, whether by lease, contract or other form of agreement.

(6)

Owner shall mean a person owning a hazardous waste storage, treatment or disposal facility or component thereof.

(7)

Used oil shall mean any oil which has been refined from crude oil or synthetic oil and, as a result of use, storage or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties, but which may be suitable for further use and is economically recyclable. Used oil shall be considered a hazardous waste for purposes of this article.

(Ord. No. 90-59, § IV, 11-19-90)

State law reference

Definitions, F.S. § 403.703.

Cross reference

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