§ 42-22. 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:

Advocate means an attorney, experienced in utility regulatory matters, appointed and compensated by the board to represent the interests of the utility's ratepayers.

Alternative water supply means and includes effluent reuse, stormwater reuse, irrigation water, and surface water advanced treatment systems.

Appendix 1 to Ordinance No. 2007-34 consists of F.A.C. 25-30.140 and 25-30.115.

Appendix 2 to Ordinance No. 2007-34 consists of F.A.C. 25-30.110.

Appendix 3 c to Ordinance No. 2007-34 consists of F.A.C. 25-30.420 and 25-30.425.

Appendix 4 to Ordinance No. 2007-34 consists of F.A.C. 25-30.580.

Appendix 5 to Ordinance No. 2007-34 consists of F.A.C. 25-30.037.

Board means the board of county commissioners of Baker County, Florida.

Bulk water utility means 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 or clerk means the clerk of the Baker County board of county commissioners.

Contributions-in-aid-of-construction or CIAC means any amount or item of money, services, or property received by a utility, from any person or governmental agency, any portion of which is provided at no cost to the utility, which represents an addition or transfer of capital to the utility, and which is utilized to offset the acquisition, improvement, or construction costs of the utility's property, facilities, or equipment used to provide utility services to the public. The term includes, but is not limited to, system capacity charges, main extension charges and customer connection charges.

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

County means Baker County, a political subdivision of the State of Florida.

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

Franchise certificate or franchise means a privilege granted by the board to authorize a utility to provide utility services within the boundaries of a specified geographic area or areas pursuant to this article.

FPSC means the Florida Public Service Commission.

Governmental authority means a political subdivision as defined in F.S. § 1.01, authorized to provide water, wastewater or alternative water supply service, a regional water supply authority created pursuant to F.S. § 373.1962 or an authority created pursuant to F.S. § 163.07(7)(g)(i).

Industrial wastewater means 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 means the date specified by the board, or its designee, pursuant to this article which certifies that a utility has filed with the board complete minimum filing requirements established by this article, for the respective application or proceeding.

Person means 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 means the hearing officer, chairman of the board, or the chairman's designee when conducting a hearing under this article.

Pro forma year means the 12-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 board means 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, and always includes the plural unless the context indicates the contrary.

Service means the readiness and ability on the part of a utility to furnish and maintain water, wastewater, or alternative water supply as defined in this section, to a point of delivery for any lot or tract, or pursuant to applicable rules or regulations of any applicable government agency having jurisdiction.

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

Territory means the geographical service area described as such in a utility's franchise certificate or franchise, and may be referred to herein and in rules as "service area," or "certificated areas."

Test year means a 12-month period, commencing no more than 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 board. A test year may consist of at least six months actual and not more than six 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 that includes known material capital additions that go beyond the test year.

Utility means any person, or business entity, lessee, trustee, or receiver, owning, operating, managing, or 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 or non-potable water, bulk water, wastewater service, alternative water supply as defined herein, or any combination thereof, within the county to the public for compensation, except as provided in section 42-23(b).

Utility trust account means 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, sewage, or sewerage means 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, sewer system, or sewerage system means 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, sludge 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 means any and all plant, facility or property, and additions, extensions and improvements thereto, constructed or acquired as a part thereof, useful or necessary or 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 and 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. 2007-34, § 2, 11-19-2007)