Unless the context clearly indicates otherwise, as used in this chapter:
(1) "Approved disposal area" means a solid waste transfer facility, incinerator, sanitary landfill, processing plant or other solid waste handling or disposal facility utilized in the disposal of solid waste, as approved by the City, the County Health Department and applicable State law, rules and regulations.
(2) "Approved incinerator" means an incinerator constructed, approved and operated in accordance with the BOCA Basic/National Fire Prevention Code (1984), as amended from time to time, the BOCA Basic/National Mechanical Code of 1984, as amended from time to time, and the Michigan Department of Natural Resources.
(3) "Back yard pickup" means a residential premises refuse collection service option which allows the customer to place two containers or plastic bags of residential refuse generated at such residential premises at the side yard or back yard once a week for pick-up.
(4) "Bulky waste" means stoves, refrigerators, water tanks, washing machines, furniture and other household waste of this nature.
(5) "Bundle" means tree, shrub and brush trimmings, newspapers and/or magazines securely tied together forming an easily handled package, not to exceed four feet in length or fifty pounds in weight.
(6) "City contractor" means a licensed person, with whom the City has entered into a contract for the collection, transportation and disposal of refuse from residential premises within the City.
(7) "City Manager" means the City Manager or his or her authorized representative.
(8) "Commercial refuse" means the miscellaneous waste material, such as garbage, rubbish and ashes, resulting from the operation of business enterprises and institutions. Such term includes construction waste, but excludes industrial trade waste.
(9) "Construction waste" means waste from building construction, alteration, demolition or repair and dirt from excavations.
(10) "Container" means a receptacle with a capacity of twenty gallons or greater, but not more than thirty-two gallons, constructed of plastic, metal or fiberglass.
(11) "County Health Department" means the Calhoun County Health Department, its assistants or authorized deputies.
(12) "Curbside unlimited" means a residential premises refuse collection service option which allows the customer to place an unlimited amount of residential refuse generated at such residential premises at the curb for pick-up once a week.
(13) "Elderly" means a person who is age sixty-five or older and the head of the household at the service address.
(14) "Garbage" means rejected food wastes, including waste accumulation of animal, fruit or vegetable matter used or intended for food or that attends the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit or vegetables.
(15) "Handicapped" means a person who is the head of the household at the service address, who has any physical or mental impairment which substantially limits one or more of such person's life activities and who is certified as being physically disabled by a licensed physician or certified as being mentally disabled by a licensed psychiatrist or registered psychologist, the Veterans Administration, the Social Security Administration or the County Health Department.
(16) "Hazardous waste" means waste, or a combination of waste and other discarded material, including solid, liquid, semisolid or contained gaseous material, which, because of its quality, concentration or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible illness or serious incapacitating, but reversible illness, or pose a substantial present or potential hazard to human health or the environment, if improperly treated, stored, transported, disposed of or otherwise managed. "Hazardous waste" does not include material which is sold for recycling or treatment and stored for one year or less, solid or dissolved material in domestic sewage discharge, solid or dissolved material in an irrigation return flow discharge, authorized industrial discharge to a Municipal treatment system or industrial discharge which is a point source subject to permits under Section 402 of the Clean Water Act of 1977, 33 USC 1342, or is a source, special nuclear or byproduct material, as defined by the Atomic Energy Act of 1954, 42 USC 2011 to 2282. (See Hazardous Waste Management Act of Michigan, No. 64, P.A. of 1979, as amended.)
(17) "Industrial waste" means all trade wastes peculiar to industrial manufacturing or processing plants, including hazardous refuse, but not including commercial refuse.
(18) "Licensee" means a person who has been issued a license by the City to collect, transport or dispose of refuse.
(19) "Multiple residential premises" means a parcel of land containing five or more residential units.
(20) "Nonresidential premises" means commercial, industrial or other institutional premises.
(21) "Open burning" means any fire wherein the products of combustion are emitted into the open air and are not directed thereto through a stack, chimney or approved incinerator.
(22) "Plastic bag" means a polyethylene or similar plastic bag of not less than one and one-half mils thickness, designed to store refuse and secured in a manner to prevent spillage, leakage or other release of its contents by the use of wire, string or ties appropriate for this purpose. The total weight of a bag and its contents shall not exceed fifty pounds.
(23) "Premises" means a parcel of land consisting of a lot or portion thereof, including any building, improvement or appurtenance thereon, which, by legal construction or by actuality, forms one enclosure with it.
(24) "Refuse" means putrescible and nonputrescible solid wastes, except body wastes, including garbage, rubbish, ashes, incinerator ash, incinerator residue, small dead animals and solid construction, hazardous, industrial and market wastes.
(25) "Residential premises" means a parcel of land containing four or fewer residential units.
(26) "Residential refuse" means refuse generated from normal household use. "Residential refuse" does not include commercial refuse, construction waste, hazardous waste, industrial waste or small dead animals exceeding ten pounds in weight.
(27) "Residential unit" means a dwelling, primarily for providing living accommodations, occupied by any person or group comprising a single-family unit. It shall have no significant producing or processing activity of a commercial, industrial or institutional nature.
(28) "Rubbish" means nonputrescible solid waste, excluding ashes, consisting of both combustible and noncombustible waste, including paper, cardboard, metal containers, yard clippings, wood, glass, bedding, crockery, demolished building materials or litter of any kind that may be a detriment to the public health and safety.
(29) "Small dead animals" means carcasses of small animals, fish and fowl not exceeding ten pounds in weight.
(30) "Storage" means the accumulation of materials which are awaiting collection, transportation and disposal.
(Ord. 25-84. Passed 11-6-84.)
(31) "Recycling" means the collection and separation of discarded used, scrap or waste materials with the intent to convert such into raw materials or new products.
(32) A. “Recycling bin” means a receptacle with a capacity of less than twenty gallons constructed of plastic, metal or fiberglass, and used exclusively to accommodate the collection of refuse intended for recycling.
B. “Recycling bin audit” and “recycling cart audit” means a random or periodic check by an authorized employee of a person licensed by the City for the collection of recycling material, or by a City employee (or designated City representative), of customer recycling bin or recycling cart contents to look for improper use resulting in contamination in violation of recycling rules and as a part of a recycling education campaign where bins and/or carts are flagged to notify customers of improper use.
C. “Recycling cart” means a receptacle with a capacity of ninety-six gallons, or less if approved by the City Manager, and provided by the City contractor to be used exclusively to accommodate the collection of refuse intended for recycling.
(Ord. 01-2022. Passed 2-1-22.)
(33) "Qualified disabled person" means an individual who:
A. Is disabled by a physical or mental impairment that substantially limits one or more of the major life activities of such individual, has a record of such an impairment or is regarded as having such an impairment;
B. Does not reside with a non-disabled adult; and
C. Requires reasonable modifications to participate in and receive recycling services.
(34) "White goods" means large household appliances such as clothes washing machines or dryers, stoves, refrigerators, freezers and water heaters.
(Ord. 10-91. Passed 5-14-91; Ord. 2-2014. Passed 1-21-14.)