§ 114.01  DEFINITIONS.
   (A)   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      BOARD. Board of Commissioners for the County of Beaufort.
      CERCLA/SARA. The Comprehensive Environmental Response, Compensation, Reauthorization Act of 1986, being 42 U.S.C. §§ 9601 et seq., Pub. Law No. 99-499, 100 Stat. 1613, as amended.
      CLOSURE. The cessation of operation of a solid waste management facility and the act of securing the facility so that it will pose no significant threat to human health or the environment.
      DISPOSAL. The discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part thereof may enter the environment or be emitted into the air or discharged into any waters, including but not limited to groundwaters.
      GARBAGE. All putrescible wastes, including animal offal and carcasses, and recognizable industrial by-products, but excluding sewage and human waste.
      LANDFILL. A disposal facility or a part of a disposal facility where solid waste is placed in or on land and which is not a land treatment facility, a surface impoundment, and injection well, a hazardous waste long-term storage facility, or a surface storage facility.
      OPERATOR. Any person, including the owner, who is principally engaged in, and is in charge of, the actual operation, supervision, and maintenance of a solid waste management facility and includes the person in charge of a shift or periods of operation during any part of the day.
      PERSON. An individual, corporation, company, association, partnership, unit of local government, state agency, federal agency, or other legal entity.
      RCRA. The Resource Conservation and Recovery Act of 1976, Pub. Law No. 94-580, 90 Stat. 2795, 42 U.S.C. §§ 6901 et seq., as amended.
      REFUSE. All nonputrescible waste.
      SANITARY LANDFILL. A facility for disposal of solid waste on land in a sanitary manner in accordance with the rules concerning sanitary landfills adopted by the state and the county or any appropriate federal agency.
      SLUDGE. Any solid, semi-solid, or liquid waste generated from a municipal, commercial, institutional, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility, or any other waste having similar characteristics and effects.
      SOLID WASTE. Any hazardous or nonhazardous garbage, refuse, or sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, domestic sewage, and sludges 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 discharged, 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/or agricultural operations, and from community activities. The term does not include:
         (a)   Fecal waste from fowls and animals other than humans;
         (b)   Solid or dissolved material in:
            1.   Domestic sewage and sludges generated by treatment thereof in sanitary sewage collection, treatment, and disposal systems designed to discharge effluents to the surface waters;
            2.   Irrigation return flows; and
            3.   Wastewater discharges and the sludges incidental to and generated by treatment which are point sources subject to permits granted under § 402 of the Water Pollution Control Act, being 33 U.S.C. § 1342, as amended, Pub. Law No. 92-500, and permits granted under G.S. § 143-215.1 by the Environmental Management Commission. However, any sludges that meet the criteria for hazardous waste under RCRA shall also be a SOLID WASTE for the purposes of this chapter.
         (c)   Oils and other liquid hydrocarbons controlled under G.S. Ch. 143, Art. 21. However, any oils or other liquid hydrocarbons that meet the criteria for hazardous waste under RCRA shall also be a solid waste for the purposes of this chapter;
         (d)   Any source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954, as amended, 42 U.S.C. § 2011; and
         (e)   Mining refuse covered by the State Mining Act, G.S. §§ 74-46 through 74-68 and regulated by the State Mining Commission (as defined under G.S. § 1 43B-290) . However, any specific mining waste that meets the criteria for hazardous waste under RCRA shall also be a solid waste for the purposes of this chapter.
      SOLID WASTE DISPOSAL SITE. Any place at which solid wastes are disposed of by incineration, sanitary landfill, or any other method.
      SOLID WASTE MANAGEMENT. Purposeful, systematic control of the generation, storage, collection, transport, separation, treatment, processing, recycling, recovery, and disposal of solid waste.
   (B)   All additional definitions set out in G.S. § 143B-293.1 which are not specifically set forth herein but which may be utilized in this chapter, as amended, or any franchise issued hereunder, such definitions being incorporated herein by reference thereto.
(Ord. passed 12-4-2001)