§ 32-4. Definitions.

When the terms defined in this section are used in this chapter, they shall have the meanings ascribed to them in this section, unless the context of this chapter expressly provides to the contrary:

(a)

Board shall mean the Metropolitan Miami-Dade County Water and Sewer Board created and established by this chapter.

(b)

Commission or County Commission shall mean the Board of County Commissioners of Miami-Dade County, Florida.

(c)

Public utility shall mean and include any person, firm, corporation, partnership, association, legal entity, political subdivision, special purpose or taxing district, authority, board of governmental agency created by special act of the Legislature, municipality, incorporated city, town or village, and any lessee, trustee or receiver thereof, owning, constructing, operating, managing, or controlling any waterworks, water system or sewer system, or both, located in whole or in part within the incorporated or unincorporated areas of Miami-Dade County, Florida, and serving or purporting to serve the public directly or indirectly, but it shall not mean or include any person, firm, corporation, partnership, association or legal entity whose activities are confined to selling, distributing or furnishing bottled water and not otherwise engaged directly or indirectly in owning, leasing, constructing, operating or managing any waterworks, water system or sewer system.

(d)

Water system shall mean and include any real estate, attachments, fixtures, impounded water, water mains, laterals, valves, meters, plants, wells, pipes, tanks, reservoirs, systems facility, or other property real or personal, used or useful, or having the present capacity for future use in connection with the obtaining, treatment, supplying, and distribution of water to the public for human consumption, fire protection, irrigation, consumption by business or industry, and without limiting the generality of the foregoing definition shall embrace all necessary appurtenances and equipment and shall include all property, rights, easements, and franchises relating to any such system and deemed necessary or convenient for the operation thereof, but shall not include property used solely for or principally in connection with the business of bottling, selling, distributing, or furnishing bottled water, nor water systems utilized by manufacturing plants primarily for the purpose of providing water in connection with its manufacturing operations.

(e)

Sewer system shall mean and include any plant, system, facility, or property used or useful, or having the present capacity for future use in connection with the collection, treatment, purification, or disposal of sewage and sewage effluent and residue for the public, and without limiting the generality of the foregoing definition shall embrace treatment plants, pumping stations, intercepting sewers, pressure lines, mains, laterals, and all necessary appurtenances and equipment and shall include all property, rights, easements, and franchises relating to any such system and deemed necessary or convenient for the operation thereof, but shall not include systems for the collection, treatment, purification, or disposal of industrial wastes for manufacturing plants owned or operated by such manufacturing plants.

(f)

Rates shall mean the compensation imposed by any public utility as herein defined for any service or product and shall include all rates, charges, tolls, fees, costs and rentals, including but not limited to connection charges, the compensation or consideration charged, collected or received under and pursuant to contracts involving contributions in aid of construction to defray costs of installation, refundable or nonrefundable agreements and other advances, and all receipts or revenues collected, directly or indirectly, for providing water or sewer services to the public.

(g)

Certificate shall mean and be limited to a certificate of public convenience and necessity issued under and pursuant to the provisions of this chapter.

(h)

Service is used in its broadest and most inclusive sense and includes equipment and facilities furnished but shall not include the quality of water supplied or of the sewage within the utility system.

(i)

Municipality shall mean any city, town, or village located within the territorial areas of Miami-Dade County, Florida.

(j)

Service area shall mean the physical territory in which a public utility operates and actually provides water distribution services or sewage collection services for individual consumers or others, or the physical territory in which the public utility is willing or able to assume the responsibility for providing water or sewer services whenever requested by individual consumers or required by the Board. A service area contemplates an exclusive territory allocated and reserved to a particular public utility.

(k)

Environmental Quality Control Board shall mean that Board established pursuant to Section 24-7 of the Code with jurisdiction as provided by Section 24-7(5).

(l)

Statement of approved water service or approved sewage service shall mean that statement issued by the Environmental Quality Control Board, after a public hearing, approving the public utility's service to its customers.

(m)

Water and Sewer Authority shall mean the Miami-Dade Water and Sewer Authority as described in Section 32A-1.

(Ord. No. 60-20, § 4, 7-5-60; Ord. No. 62-28, § 2, 7-3-62; Ord. No. 75-28, § 2, 5-7-75)