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Sec. 44-101. Definitions.
   The following words, phrases, or terms used in this article, unless the context indicates otherwise, shall have the following meanings:
      Bulky waste includes stoves, water heaters, washing machines, furniture, household construction debris, and other waste materials other than dead animals, hazardous waste, and stable matter with weights or volume greater than those allowed for placement in bags.
      Commercial entity shall mean any and all generators of commercial waste, including commercial establishments, contractors, non-profit entities such as churches, public facilities, multi-family dwellings and other businesses.
      Commercial waste shall mean any and all accumulations of non-hazardous refuse, debris, and waste products generated by the operation of industries, stores, building contractors, offices, churches, public facilities, multi-family dwellings and other business establishments that are collected in industry-standard front load or roll-off containers. Included in commercial waste is commercial construction debris.
      Container means the receptacles used by residents and businesses for the storage of solid waste and recyclables.
      Dead animal includes animals or portions thereof equal to or greater than 15 pounds in weight that have expired from any cause, except those slaughtered or killed for human use or consumption.
      Garbage. See definition as adopted in Big Spring City Code Section 44-1, "Garbage."
      Hazardous waste means waste in any amount, which is defined, characterized or designated as hazardous by the United States Environmental Protection Agency or appropriated State agency by or pursuant to Federal or State law, or waste, in any amount, which is regulated under Federal or State law. For purposes of this article, the term hazardous waste shall also include motor oil, gasoline, paint, and appliances containing freon.
      Illegal/unlawful/unauthorized dumping means any collection of solid waste which is either dumped or caused to be dumped or placed on any property either public or private, whether or not regularly used, which tends to create a hazard to the public health, safety and welfare, or declared a public nuisance, per se, shall be considered as forming an illegal dump, but not the careless, scattered littering of smaller individual items. An illegal dump shall also mean any solid waste disposal site that does not meet the regulatory provisions of the Texas Health and Safety Code.
      Litter means all garbage and rubbish, loosely strewn, uncollected, unpackaged, and uncontained which includes but is not limited to paper, bottles, cans, glass, crockery, plastic, rubber, waste building materials, disposable packages, cigarette butts and other tobacco products, gum and containers.
      Miscellaneous non-vegetative yard waste includes outdoor furniture, wire, plastics, bicycles, toys, grills, or any other outdoor item that is not classified as rubbish or yard waste. (see yard waste.)
      Person means any person, owner, lessee, firm, business, partnership, sole proprietorship, association, corporation, company or organization of any kind.
      Private property means any dwelling, house, building or other structure designed or used for private, commercial, or residential purposes, including any yard, grounds, acreage, vacant lots, walk, driveway, porch, steps, parking areas, vestibule, or mailbox belonging to such dwelling, house, building or other structure.
      Public road means any road or roadway that is maintained by a city, county, state or federal government using public funds.
      Public property means any and all streets, public rights-of-way, easements, medians, sidewalks, boulevards, highways, streets, alleys, or other public parks, squares, spaces, grounds, buildings, and infrastructure.
      Resident includes a person residing on the property, whether that person owns or leases the residence.
      Rubbish means nonputrescible solid wastes (excluding ashes) consisting of both combustible and noncombustible wastes. Combustible rubbish includes paper, rags, cartons, wood, furniture, rubber, plastics, yard trimmings, leaves and similar material. Noncombustible rubbish includes glass, crockery, metal cans, metal furniture and like material, which will not burn at ordinary incinerator temperatures (not less than 1,600 degrees F.).
      Solid waste includes all items contained in the definition of garbage, bulky waste, dead animals, stable matter, miscellaneous yard waste, rubbish, household construction debris, commercial construction debris, or commercial waste. (see commercial waste)
      Solid waste enforcement officer (SWEO) means the building official or his designees, or the fire marshal, or his designees, who will enforce state laws related to solid waste, and to enforce the provisions of this article.
      Solid waste hearing officer (SWHO) means the city manager, who will hear appeals from those who receive the written notice of corrective action.
      Yard waste means the leaves, grass cuttings, weeds, garden waste, tree limbs, and other vegetative wastes generated at residential, commercial, institutional, governmental, or industrial properties.
(Ord. No. 037-2020, § 3, 10-29-2020; Ord. No. 003-2022, § 6, 1-25-2022)