(A) For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. Any person who makes application for a permit or license under this subchapter.
BOARD. The Board of County Commissioners of Boone County, Indiana.
BOONE COUNTY SOLID WASTE MANAGEMENT DISTRICT or DISTRICT. The governmental agency established to carry out the purposes and responsibilities prescribed by I.C. 13-21 within all of the incorporated and unincorporated territory of the County of Boone, State of Indiana.
DISPOSAL. The discharge, injection, spilling, leaking or placing of any waste into or on any land or water so that such waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters.
DISTRICT SOLID WASTE MANAGEMENT FEES. The fees established by the district’s Board of Directors pursuant to I.C. 13-21-14 that are imposed on persons generating solid waste from residential properties or other facilities located within Boone County who are benefitted by solid waste collection and other solid waste management activities and facilities. These fees may be revised by the district’s Board of Directors, from time to time, in accordance with I.C. 13-21-14.
FACILITY. All contiguous land and structures, other appurtenances and improvements on the land, used for treating, storing or disposing of waste.
FREE LIQUIDS. Liquids which readily separate from the solid portion of a waste under ambient temperature and pressure.
GROUND WATER. Water below the land surface in a zone of saturation.
HAZARDOUS WASTE. Any waste on the listing of hazardous wastes compiled and maintained by the Health Department in accordance with § 50.22.
HAZARDOUS WASTE FACILITY. Any facility within the boundaries of Boone County, Indiana, that treats, stores or disposes of more than 1,000 kilograms of hazardous waste in any 30 consecutive day period.
HEALTH DEPARTMENT. The Board of Health of Boone County, Indiana.
LANDFILL. A facility or part of a facility where waste is intentionally placed into or on any land.
LANDFILL CELL. A discrete volume of a landfill which uses a liner or other methods to provide isolation of wastes from adjacent cells or wastes. Examples of LANDFILL CELLS are trenches and pits.
LEACHATE. Any liquid, including any suspended components in the liquid, that has percolated through or drained from waste.
LINER. A continuous layer of natural or man-made materials, beneath or on the sides of a landfill or landfill cell, which restricts the downward or lateral escape of waste, waste constituents or leachate.
ON-SITE. The same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right-of-way. Non-contiguous properties owned by the same person, but connected by a right-of-way which he or she controls and to which the public does not have access, is also considered on-site property.
OPERATOR. The person responsible for the overall operation of a facility.
OWNER. The person who owns a facility or part of a facility.
PERSON. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, municipal corporation, city, school city, town, school town, school district, school corporation, county, any consolidated unit of government, political subdivision, state agency or any other legal entity.
RUN-OFF. Any rainwater, leachate or other liquid that drains over land from any part of a facility.
SATURATED ZONE or ZONE OF SATURATION. That part of the earth’s crust in which all voids are filled with water.
SLUDGE. Any septic tank pumpings or any solid, semi-solid 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 TRANSPORTER or TRANSPORTER. A business entity, including, but not limited to, a corporation, limited liability company, partnership, or sole proprietorship, or a municipality who owns or operates one or more vehicles in which solid waste is collected and transported from residents or persons owning or operating commercial, industrial, governmental or other buildings, facilities or establishments located in Boone County to a solid waste transfer station, solid waste processing facility, solid waste disposal facility or other solid waste management facility. The term SOLID WASTE TRANSPORTER shall exclude an entity who solely owns or operates a vehicle or vehicles to collect only:
(a) Clean fill;
(b) Vegetative matter and other types of organic matter; or
(c) Recyclable materials, including, but not limited to, scrap or waste paper, cardboard or newsprint, glass items, plastic items, or scrap metal for transport to a recycling facility.
TRANSPORT VEHICLE. A motor vehicle or rail car used for the transportation of cargo by any mode. Each cargo-carrying body (trailer, railroad freight car and the like) is a separate transport vehicle.
TRANSPORTATION. The movement of waste by air, rail, highway or water.
TRANSPORTER. A person engaged in the off-site transportation of waste by air, rail, highway or water.
WASTE. Solid waste or hazardous waste or any combination of solid waste and hazardous waste.
(B) Other terms not defined in this section shall have the meanings ascribed to them in state law, or if not defined there, then the meaning ascribed by common usage.
(C) In this subchapter, the present tense includes the past and future tenses and the future tense the present unless otherwise provided. The singular includes the plural and the plural the singular.
(D) Definitions of the following terms shall be incorporated herein by reference from the indicated sources as if specifically set forth herein: CLEAN FILL, Resolution 11-2 of the Board of Directors of the District; RECYCLING, Resolution 11-2 of the Board of Directors of the District; RECYCLING FACILITY or SITE, Resolution 11-2 of the Board of Directors of the District; SOLID WASTE, I.C. 13-11-2-205(a) and I.C. 13-11-2-205(b); SOLID WASTE DISPOSAL FACILITY, I.C. 13-11-2-206; SOLID WASTE MANAGEMENT, I.C. 13-11-2-209; SOLID WASTE PROCESSING FACILITY, 329 I.A.C. 11-2-43; and TRANSFER STATION or SOLID WASTE TRANSFER STATION, 329 I.A.C. 11-2-47. All other terms shall have their common, ordinary meaning or the meaning established under Indiana statute.
(Ord. 81-3, passed 3-1-1982; Am. Ord. 2013-04, passed 10-21-2013)