For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Any term not specifically defined in this section shall be defined as set forth in the State Solid Waste Management Rules, 10 NCAC 10 G, section .0100, as amended from time to time.
   BOARD.  The Ashe County Board of Commissioners.
   BULKY WASTE.  Large items of solid waste such as household appliances, furniture, automobiles, large automobile or vehicle parts, branches, stumps, and other oversize waste, the large size that precludes or complicates its handling by normal solid waste collection, processing or disposal methods.
   COLLECTION.  The act of removing solid waste (or other materials that have been separated for the purpose of recycling) from the point of generation to a solid waste convenience center, processing facility, or disposal facility.
   COMMERCIAL SOLID WASTE.  Solid waste generated by stores, offices, restaurants, warehouses, and other non-manufacturing commercial activities.
   COMMERCIAL UNIT.  That portion of real estate, including appurtenances, buildings or parts of buildings, over which the proprietor or managing agent of a commercial business or operation has control by virtue of ownership, tenancy, franchise or agency as to such property.
   CONSTRUCTION AND DEMOLITION WASTE.  Solid waste resulting solely from construction, remodeling, repair and demolition operations on buildings, or other structures, but does not include inert debris, land-clearing debris, yard debris, or used asphalt, asphalt mixed with dirt, sand gravel, rock, concrete, or similar non-hazardous material.
   COUNTY SOLID WASTE FACILITY.  All county owned and operated disposal facilities including, but not limited to, the sanitary landfill, demolition area, tire disposal area, convenience centers/recycling centers.
   DISPOSAL.  The discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land so that such solid waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any water, including ground waters.
   ENVIRONMENTAL SERVICES DIRECTOR.  The head of the Environmental Services Department which includes, but is not limited to the county sanitary landfill, animal shelter, convenience collection centers, and equipment maintenance garage.
   GARBAGE.  All putrescible waste, including animal offal and carcasses, and recognizable industrial by-products, but excluding sewage and human waste.
   HAZARDOUS WASTE.  A solid waste, or combination of solid waste that, because of its quantity, concentration or physical, chemical or infectious characteristics may:
      (1)   Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or
      (2)   Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise managed.
   HOUSEHOLD.  A house, trailer, or any other type structure that is a residence of the owner. (Note that a “Household” is different from a “Commercial Unit”).
   INDUSTRIAL SOLID WASTE.  Solid waste generated by industrial process and manufacturing.
   INFECTIOUS WASTE.  A solid waste capable of generating an infectious disease. The types of waste designated as infectious wastes are micro biological waste, pathological waste, blood products, and sharps.
   INSTITUTIONAL SOLID WASTE.  Solid waste generated by educational, health care, day care, correctional, and other institutional facilities.
   MUNICIPAL SOLID WASTE.  Solid waste generated within the incorporated municipalities that may originate from a commercial, industrial, or residential source, that is collected by the towns or their consignees for the benefit of the municipal residents and merchants.
   PUTRESCIBLE WASTE.  Solid waste capable of being decomposed by micro organism with sufficient rapidity as to cause a nuisance from odor and gases, such as kitchen waste, offal, and carcasses.
   RADIOACTIVE WASTE MATERIAL.  Any waste containing radioactive material as defined in G.S. § 104E-5(14).
   RECYCLING.  The processes in which solid waste or recovered materials are collected, separated, or processed, and reused or returned to use in the form of raw materials or products.
   REFUSE.  All non-putrescible waste.
   RESIDENTIAL UNIT.  That portion of land, including appurtenances, buildings or parts of buildings, trailers, or other livable structures, over which the owner or resident has control by virtue of ownership of such property or by being the occupant, tenants, lessee or lessor, of such property.
   SCRAP TIRE.  A tire that is no longer suitable for its original intended purpose because of wear, damage or defect.
   SOLID WASTE.  Any hazardous or non-hazardous garbage, refuses, or sludge from a waste treatment plant, water supply treatment plant or air pollution control facility; domestic sewage and sludge generated by the treatment thereof in sanitary sewage collection, treatment and disposal systems, and other material that is either discarded or is being accumulated, stored or treated prior to being discarded, or has served its original intended use and is generally discarded, including solid, liquid, semi-solid or contained gaseous material resulting from industrial, institutional, commercial and agriculture operations, and from community activities. The term does not include:
      (1)   Fowl and animal fecal waste;
      (2)   Solid or dissolved material in:
         (a)   Domestic sewage and sludge generated by the treatment thereof in sanitary sewage collection, treatment and disposal systems which are designed to discharge the effluents to the surface waters.
         (b)   Irrigation return flows; and
         (c)   Waste water discharges and sludge incidental thereto and generated by the treatment thereof which are point sources subject to permits granted under section 402 of the Federal Water Pollution Control Act (Public Law 92-500) as amended, and permits granted under G.S. § 143-215.1 by the Environmental Management Commission; except that any sludge for the purposes of this chapter that meets the criteria for hazardous waste under the Federal Resource Conservation and Recovery Act (Public Law 94-580), as amended, shall also be a solid waste for purposes of this definition.
      (3)   Oils and other liquid hydrocarbons controlled under G.S. Chapter 143, Article 21A; except that such oils or other liquid hydrocarbons that meet the criteria for hazardous waste under the Federal Resource Conservation and Recovery Act (Public Law 94-580), as amended, shall also be a solid waste for the purpose of this chapter.
      (4)   Any radioactive material as defined by the State Radiation Protection Act, G.S. §§ 104E-1 through 104E-28; or
      (5)   Mining refuse covered by The Mining Act of 1971, G.S. § 74-46-68, and regulated by the State Mining Commission as defined under G.S. §§ 143B-290; except that any specific mining waste that meets the criteria for hazardous waste under the Federal Resource Conservation and Recovery Act (Public Law 94-580), as amended, shall also be a solid waste for the purpose of this chapter.
   SOLID WASTE COLLECTOR. Any company, corporation, governmental unit, or person who collects or transports solid waste by whatever means.
   SOLID WASTE DISPOSAL SITE OR SITES.  Any place at which solid wastes are disposed of by incinerators, sanitary landfill, demolition landfill or any other acceptable method.
   SOLID WASTE RECEPTACLE.  A large metal container used for the temporary storage of solid waste and capable of being emptied into collection vehicles.
   TIRE.  A continuous solid or pneumatic covering encircling the wheel of a motor vehicle or farm machine as defined in G.S. § 20-4.01(23).
   WHITE GOODS.  Any inoperative or discarded refrigerators, unit air conditioners, ranges, water heaters, freezers, and other similar domestic and commercial large appliances.
   YARD WASTE.  Solid waste consisting solely of vegetative matter resulting from landscaping maintenance, including grass, leaves, branches and similar organic material.
(Ord. passed 8-7-95)