For the purposes of this chapter, the following terms, phrases and words shall have the meanings given herein. When consistent with the context, words used in the present tense include the future, words in the plural number include the singular, and words in the singular number include the plural. For the purpose of this chapter, all terms, phrases and words shall have their ordinary and customary meanings unless otherwise provided herein.
ADA COUNTY WASTE: Waste generated in Ada County authorized for disposal at a landfill in Ada County.
ASBESTOS CONTAINING MATERIAL: Any material containing at least one percent (1%) asbestos determined by polarized light microscopy using the interim method of the determination of asbestos in bulk samples contained in appendix A of subpart F in 40 CFR part 763.
ASH: The solid material left when combustible material is thoroughly burned or is oxidized by chemical means.
BILLING SERVICES: An enterprise fund established by the board to account for the receipts and expenses of providing waste collection services within unincorporated Ada County, which is administered by the board or its designee.
BIOMEDICAL WASTE: Untreated, solid waste from medical, dental, and intermediate care facilities, research centers, veterinary clinics, laboratories, funeral homes/mortuaries and other similar facilities, that has the potential to cause an infectious disease via exposure to a pathogenic organism of sufficient virulence and dosage through a portal of entry in a susceptible host.
BOARD: The Ada County board of county commissioners.
BULKY WASTE: Large items of refuse, including, but not limited to, appliances, furniture, large trees and stumps, and other oversized solid waste.
CARRYOUT SERVICE: A service by which contractor's employees enter a residential customer's property to convey waste and recyclable materials to the contractor's collection vehicle. This service may include an additional fee.
CLEAN WOOD WASTE: Solid waste consisting of wood pieces or particles generated as a byproduct or waste from the manufacturing of wood products, handling and storage of raw materials and trees. This includes, but is not limited to, sawdust, chips, shavings, bark, pulp, log fuel and log yard waste, but does not include wood pieces or particles containing chemical preservatives such as creosote, pentachlorophenol or copper chrome arsenate.
COLLECTOR: Any person holding a contract with Ada County authorized and designated by Ada County to collect, handle, transport and dispose of solid waste.
COMMERCIAL CUSTOMER: Owner or occupant of a premises associated with, but not limited to, businesses, industries, government agencies, schools, mobile home parks, multi-family dwellings (triplex or larger) and temporary construction activities who chooses to receive solid waste collection services.
COMMERCIAL PREMISES: Premises associated with, but not limited to, businesses, industries, government agencies, schools, mobile home parks, multi-family dwellings (triplex or larger) and temporary construction activities.
COMMERCIAL SERVICE: Optional solid waste collection services for commercial premises associated with business, industrial and commercial premises. Commercial service includes residential service provided in commercial sanitary containers for private use, and residential service provided for the removal of stable matter in excess of five (5) cubic feet (exceeding 35 pounds).
COMMERCIAL SOLID WASTE: All types of solid waste generated by commercial customers on commercial premises. Commercial solid waste includes stable matter in excess of five (5) cubic feet (exceeding 35 pounds) generated by residential customers.
COMPOST: A biologically stable material derived from the composting process.
COMPOSTING: Biological decomposition of organic matter. It is accomplished by mixing and piling in such a way to promote aerobic and/or anaerobic decay. The process inhibits pathogens, viable weed seeds and odors.
COMPOSTING, AGRICULTURAL SERVICE: Large scale commercial production of compost intended for agricultural use. Agricultural service composting operations shall comply with title 8 of this code and shall be approved by the Idaho department of agriculture.
COMPOSTING FACILITY, COMMERCIAL: Facility for the large scale production of compost intended for sale and use on premises other than that where such compost is produced. Commercial composting facilities shall be approved by the Central District health department and shall comply with the provisions of title 8 of this code. Agricultural service composting is not included.
COMPOSTING, PRIVATE: Producing compost, not for sale, on a parcel less than five (5) acres, not to exceed ten (10) cubic yards at any particular time, for use on the same premises where such compost is produced.
CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR (CESQG): A person who generates no more than one hundred kilograms (100 kg) (approximately 220 pounds) per month of nonacute hazardous material and no more than one kilogram (1 kg) (approximately 2.2 pounds) of acute hazardous material; or no more than one hundred kilograms (100 kg) per month of any residue or contaminated soil, material or other debris resulting from the cleanup of any spill or release of acute hazardous material.
CONSTRUCTION AND DEMOLITION DEBRIS: Waste building materials, packaging and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses, commercial buildings and other structures. Such waste includes, but is not limited to, carpet, carpet padding, bricks, concrete, masonry materials, soil, rock, lumber, road spoils, rebar, paving materials and tree stumps. Noninert wastes and asbestos wastes are not considered demolition waste.
CONTAINER, SANITARY: For residential purposes, sanitary containers are sixty five (65) to ninety five (95) gallon capacity wheeled carts available from the contractor.
CONTRACT: An exclusive contract/privilege granted by Ada County to collect, handle, dispose, or recycle solid waste.
CONTRACTOR: The person, firm or corporation awarded an exclusive contract to collect, handle, transport, dispose, recycle or recover solid waste.
COUNTY: Ada County, Idaho.
COUNTY OPERATED DISPOSAL SITE: A disposal site owned or operated by the county.
DISCOUNTED SERVICE: A reduction in the amount charged for residential service for senior citizens, sixty five (65) years or older, at their primary residence.
DISPOSAL SITE: A board approved location where any treatment, utilization, processing or final deposition of solid waste occurs, including, but not limited to, sanitary landfills, waste transfer stations, and public tipping areas.
HAZARDOUS WASTE: Wastes listed as hazardous by the administrator of the United States environmental protection agency (EPA) in 40 CFR part 261, or waste that meets one or more of the hazardous waste criteria as defined by the EPA. The criteria are: corrosivity, ignitability, reactivity, and toxicity characteristic leaching procedure (TCLP) toxicity.
HOUSEHOLD HAZARDOUS MATERIAL COLLECTION FACILITY: A board approved transfer station where residents and CESQGs may deposit household hazardous waste and CESQG waste for recycling, reuse, or final disposal.
HOUSEHOLD HAZARDOUS WASTE: A waste product derived from a household that meets the definition of "hazardous waste", or that the board defines as hazardous waste. Household hazardous waste includes, but is not limited to, cathode ray tubes (CRT), household cleaners, automotive fluids, pesticides and herbicides.
INCINERATION: The controlled combustion of solid waste that yields nonputrescible residues and air effluents in compliance with applicable air pollution regulations.
INORGANIC SOLID WASTE: All substances that are included within the definition of "solid waste", as herein defined, excepting those substances consisting solely of material not comprised of or derived from once living organisms and that are in no way inimical to the public welfare.
LANDFILL: See definitions of Sanitary Landfill and Public Tipping Area.
LIQUID WASTE: As defined in 40 CFR 258.28(c)(1), any material that produces measurable liquid as a result of the paint filter liquids test method 9095 of EPA SW-846.
OCCUPANT: Any person in possession, charge or control of any premises.
OWNER: The current deeded owner, according to the records in the Ada County assessor's office, of any premises.
PERSON: Any individual, firm, lessor, partnership, association, institution, government agency, municipality, or public or private corporation, in the plural as well as singular.
PETROLEUM CONTAMINATED SOIL: Soil in which petroleum, petroleum byproducts, or petroleum based fuels have been spilled, leaked or dumped and which fail the test for toxicity characteristics of 40 CFR part 261.4.
PREMISES: Any dwelling, flat, rooming house, apartment house, hospital, school, hotel, restaurant, boarding house, shop, place of business, manufacturing business, establishment or any other building, structure or parcel of land.
PUBLIC NUISANCE: A condition created by an unreasonable or unlawful act or omission by a person on his own property that injures or endangers the health, safety, or comfort of a considerable number of others, is offensive to community moral standards, or unlawfully obstructs the public in free use of public property.
PUBLIC TIPPING AREA: Specifically designated location within a sanitary landfill where waste is deposited for final disposal.
PUTRESCIBLE MATERIAL: Solid waste that contains material capable of being decomposed by microorganisms.
RECREATIONAL OR WARMING FIRE: The burning of material other than waste where the fuel being burned is not contained in an incinerator, outdoor fireplace, barbecue grill or barbecue pit and with a total fuel area of three feet (3') or less in diameter and two feet (2') or less in height for pleasure, religious, ceremonial, cooking or similar purposes.
RECYCLABLE MATERIALS: Materials that still have useful physical, chemical or biological properties after serving their original purposes and can, therefore, be reasonably reused or recycled for the same or other purposes.
RECYCLING BIN: A collector's container that is set out in such a manner to allow for safe collection of recyclable materials.
RECYCLING CENTER: An enclosed facility where recyclable materials are collected, sorted, flattened, crushed or bundled for shipment to reprocessors and reusers of the materials. Recycling centers shall comply with the provisions of title 8 of this code.
RECYCLING PLANT: A facility where recyclable materials are reprocessed and/or reused from their waste form into new products or raw materials. Recycling plants shall comply with the provisions of title 8 of this code.
REPORTS: The reports required of or from collectors as to area served, routes handled, trucks and personnel employed.
RESIDENT: A person with a home, house, place of abode, place of habitation, dwelling or place where one actually resides in Ada County for a consecutive period of thirty (30) days.
RESIDENTIAL COLLECTION SERVICE: Mandatory solid waste collection service for residential customers.
RESIDENTIAL CUSTOMER: The occupant or owner of a residential premises in Ada County.
RESIDENTIAL PREMISES: A separate dwelling or residential unit occupied, or that may be occupied, by a person or group of persons which may be a single-family residence, manufactured home, condominium, duplex or multiplex. Each residence is considered separate for solid waste service and billing purposes.
RESIDENTIAL RECYCLING PROGRAM: The collection by the contractor of contract specified recyclable materials from residential customers.
RESIDENTIAL WASTE: Waste generated by a residential customer that fits into and weighs no more than the limits established for an approved residential sanitary container. Residential waste excludes bulky and hazardous waste, construction and demolition debris, stable matter in excess of five (5) cubic feet (exceeding 35 pounds), and all other wastes prohibited from disposal at the county's sanitary landfills or other disposal sites.
SANITARY CONDITION: Maintenance of a premises, public or private, improved or vacant, so that the premises does not or is not likely to attract flies or allow for fly breeding; affords food or harborage for rodents or pests; or acts as a source of noxious or offensive odors or conditions inimical to the public interest or health.
SANITARY LANDFILL: An area of land or an excavation in which wastes are placed for permanent disposal, excluding land application units, surface impoundments, injection wells or waste piles.
SCAVENGING: The unauthorized removal of materials from a disposal site, commercial or residential sanitary container or recycling bin.
SELF-HAULER: A person who collects and transports solid waste generated at their own premises to a disposal site by their own means. Persons who self-haul must comply with the provisions of this chapter.
SLUDGE: Any solid, semisolid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.
SOLID WASTE: Any garbage or refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility and other discarded material including solid, semisolid, or contained gaseous material resulting from industrial, commercial mining, and agricultural operations and from community activities, but does not include solid or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 USC 1342.
SOLID WASTE MANAGEMENT DIVISION: The division of the county's operations department responsible for managing the county operated waste disposal facilities, recommending change and improvements to the board concerning this chapter, collecting fees at the county operated sanitary landfills for disposal of solid waste, enforcing regulations established by the board for the collection, storage, handling, transportation and disposal of solid waste, and developing contract specifications and monitoring established contracts for solid waste fee collection in unincorporated Ada County.
SPECIFICATIONS: The requirements pertaining to waste management established from time to time by the board on recommendation of the solid waste management division.
STABLE MATTER: All manure and other waste matter normally accumulated in or about a stable or any animal, livestock, or poultry enclosure, and resulting from the keeping of animals, poultry, or livestock.
STATEMENTS: Fiscal reporting required of the contracted collector such as annual financial operations, rates charged, accounts collected and delinquent and other pertinent information desired by the board.
STREET: A right of way which provides vehicular and pedestrian access to adjacent properties. This definition includes the terms alley, highway, thoroughfare, road, avenue, boulevard, lane, place, cul-de-sac, drive and private right of way.
WASTE: Unwanted, useless material, including trash, garbage, refuse, and debris; or any material intended for permanent disposal, excepting hazardous waste.
WASTE TRANSFER STATION: A fixed intermediate facility, approved by the board for the centralized collection of solid waste and other collected material prior to transport for final disposal.
YARD WASTE: Organic material generated as a result of normal maintenance of residential yards and gardens. These wastes include grass clippings, pruning wastes, small limbs, leaves and other organic wastes. Not included in yard and garden wastes are sod or vegetation with trapped rocks/dirt, stumps, food wastes and animal wastes. (Ord. 577, 3-22-2005; amd. Ord. 644, 11-21-2006; amd. Ord. 744, 2-23-2010; amd. Ord. 831, 10-28-2014; Ord. 938, 8-16-2022)