§ 21-1. Definitions and rules of construction.

(a) When used in this chapter, the following words, terms or phrases shall have the meanings ascribed to them in this section unless the context clearly indicates otherwise:

BOD (denoting biochemical oxygen demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter in five (5) days at twenty (20) degrees Celsius expressed in milligrams per liter (mg/l) under standard laboratory procedures as called for in the most current edition of "Standard Methods for the Examination of Water and Wastewater," published jointly by the American Public Health Association, Inc., American Water Works Association and Water Environment Federation.

Building shall mean any structure built on-site or manufactured off-site for residential, institutional, commercial or industrial use and from which sewage is discharged.

Building official shall mean the Building Official of the City of Lake Wales or his authorized and designated agent

Bulkhead shall mean a temporary device constructed to exclude all water from entering a sanitary sewer system from a sanitary sewer system under construction.

CFR shall mean the most recently published edition of the Code of Federal Regulations.

Commercial shall mean any business engaged primarily in the sale of goods or services. Wherever rates are referred to as commercial rates, or as applicable to commercial customers, they are intended to apply to all such customers or services except residential or industrial. For the purposes of this chapter, commercial shall also apply to rates charged to schools, churches and governmental agencies.

DEP shall mean the State of Florida Department of Environmental Protection, previously known as the Department of Environmental Regulation (DER).

Director of utilities shall mean the Director of Utilities of the City of Lake Wales or his authorized and designated agent.

Duplexes and triplexes. "Duplex" refers to any single building divided into two (2) separate dwelling units. "Triplex" refers to any single building divided into three (3) separate dwelling units.

F.A.C. shall mean the most recently published edition of the Florida Administrative Code.

Finance director shall mean the Finance Director of the City of Lake Wales or his authorized and designated agent.

F.S. shall mean the most recently published edition of Florida Statutes.

Garbage shall mean solid waste from the domestic and the commercial preparation of cooking and dispensing of foods, and from the handling, storage, and sale of produce.

Industrial applies to all connections serving operations involving manufacturing or processing, which will result in a waste not classified as sanitary sewage, or which will not apply to commercial or residential definitions.

Industrial wastes shall mean the liquid waste received from the operation involving manufacturing or a processing operation.

Meter shall mean a device for measuring and recording the quantity or rate of flow of water passing through it from the city's utility system to the user. The type of meter to be used shall be determined by the city.

Meter installation shall mean connecting a new water service to the city's utility system as a result of new construction. Meter installation shall also mean the initial installation of a separate meter for irrigation purposes in accordance with section 21-73. Meter installation shall not mean replacement of an existing meter that is faulty.

Multifamily housing refers to any building containing four (4) or more dwelling units.

Natural outlet shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or ground water.

On-site sewage treatment and disposal system shall mean a permitted system that contains a standard subsurface, filled or mounded drainfield system; an aerobic treatment unit; a graywater system tank; a laundry wastewater system tank; a septic tank; a grease interceptor; a dossing tank; a solids or effluent pump; a waterless, incinerating, or organic waste-composting toilet; or a sanitary pit privy that is installed or proposed to be installed beyond the building sewer on land of the owner or on other land to which the owner has a legal right to install a system. The term does not include package sewage treatment facilities and other treatment works.

Owner shall mean 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 a building, lot or parcel of land.

pH shall mean the logarithm of the reciprocal of the weight of the hydrogen ions in grams per liter of solution.

Plumbing system shall mean any piping system contained on private property to be used to carry sanitary sewer, commercial or industrial wastes, to the sewer system owned and maintained by the city.

Properly shredded garbage shall mean the wastes from the preparation, cooking and dispensing of food that has been ground to such degree that all particles will be carried freely under the flow conditions normally prevailing in the sanitary sewers, with no particle greater than one-half (½) inch (1.27 cm) in any dimension.

Sanitary sewer shall mean sewer system, gravity sewer, pumping stations, etc., or any structure so designed to carry sewage, and to which storm, surface and ground water are not intentionally admitted, that is owned and operated by the city.

Septic system shall mean a permitted, private on-site sewage treatment and disposal system employing subsurface soil absorption facilities and shall include the terms "septic tank" and "cesspool".

Sewage shall mean a combination of water-carried wastes from buildings used for residential, institutional, commercial, industrial, and other like purposes.

Sewage works shall mean all facilities for collecting, pumping, treating and disposing of sewage.

Sewer system shall mean the complete sewer and wastewater system now owned, operated and maintained by the city and which the city is responsible for maintaining, together with any and all improvements, extensions and additions thereto, hereafter constructed or acquired, together with all lands or interests therein, including plants, buildings, machinery, franchises, pipes, mains, fixtures, equipment and all property, real or personal, tangible or intangible (including agreements for the providing of such services), now or hereafter constructed and/or owned or used in connection therewith.

Single-family residence refers to dwelling accommodations designed for one (1) family unit, maintaining separate and independent housekeeping, including at least one (1) kitchen, serviced by a separate water meter.

Slug shall mean any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration of flows during normal operation.

Storm drain, sometimes termed "storm sewer," shall mean a drainage line which carries storm and surface water run-off, but excludes sewage and industrial wastes, other than unpolluted cooling water.

Stormwater detention/retention area shall mean a natural or man-made basin or structure utilized for the temporary or permanent storage of stormwater.

Stormwater system shall mean the complete system of drainage pipes, lines, swales, gutters, retention/detention areas and other structures now owned, operated and maintained by the city for the purpose of stormwater management together with any and all improvements, extensions and additions thereto, hereafter constructed or acquired, together with all lands or interests therein, including plants, buildings, machinery, franchises, pipes, mains, fixtures, equipment and all property, real or personal, tangible or intangible (including agreements for the providing of such services), now or hereafter constructed and/or owned or used in connection therewith.

Suspended solids shall mean solids that either float on the surface or in suspension m water, sewage or other liquids and which are removable by filtration.

Utility service area shall mean the area defined in section 21-2 as the area within which the city shall have the first right to provide water and/or sewer services to any customer residing or doing business within the area and to deliver said service in accordance with the city's general practice, policy and procedures.

Utility system shall mean the water system, the sewer system, the reclaimed water system (treated effluent reuse/disposal), and the stormwater system of the city.

Water system shall mean the complete water system now owned, operated and maintained by the city and which the city is responsible for maintaining, together with any and all improvements, extensions and additions thereto, hereafter constructed or acquired, together with all lands or interests therein, including plants, buildings, machinery, franchises, pipes, mains, fixtures, equipment and all property, real or personal, tangible or intangible (including agreements for the providing of such services), now or hereafter constructed and/or owned or used in connection therewith.

(b) For the purposes of administration and enforcement of this chapter, unless otherwise stated in this chapter, the following rules of construction shall apply:

In case of any difference of meaning or implication between the text of this chapter and any caption, schedule, illustration, summary table, or illustrative table, the text shall control.

The word "shall" is always mandatory and not discretionary; the word "may" is permissive.

The words "he," "his," and other words denoting the masculine gender shall extend and be applied to females and to firms, partnerships and corporations as well as to males.

Words used in the present tense shall include the future, and words used in the singular number shall include the plural and plural the singular, unless the context clearly indicates the contrary.

The phrase "used for" includes "arranged for," "designed for," "maintained for," or "occupied for."

Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions, or events connected by the conjunction "and," "or" or "either... or," the conjunction shall be interpreted as follows:

(1) "And" indicates that all the connected terms, conditions, provisions or events shall apply.

(2) "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

(3) "Either...or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

(4) The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character.

(Ord. No. 96-06, § 1, 5-21-96; Ord. No. 98-06, § 1, 4-27-98; Ord. No. 2007-06, § 1, 4-4-07)