For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCUMULATE.
(1) As pertains to solid waste, means any one of the following:
(a) Improperly collecting solid waste in an improper storage container(s); and/or
(b) Collecting solid waste for a period exceeding 90 days.
(2) As pertains to construction/demolition materials, means any one of the following:
(a) Improperly collecting construction/demolition materials in an improper storage container;
(b) Collecting construction/demolition materials for a period exceeding 90 days; and/or
(c) Collecting construction/demolition materials in an accumulation greater than 40 cubic yards.
CONSTRUCTION/DEMOLITION MATERIAL. Any discarded construction or demolition materials including, but not limited to: lumber; wood; paneling; drywall; roofing; shingles; siding; plumbing; electrical; doors; windows; floor coverings; cabinets; and other similar materials.
CONTAMINATION. As it pertains to recyclables, shall be defined to include: un-rinsed containers with food or product residues; non-container glass materials; containers that contained oil, pesticides, fertilizers, paint products, herbicides, poisons, or other hazardous materials; materials fouled with dirt or other substances foreign to their original contents or composition; wet or saturated newspapers; wet, saturated, or waxed cardboard and waxed paperboard products; plastic products not specifically accepted by the program; and any other materials not specifically accepted by the recycling program or any other condition which renders otherwise acceptable materials un-recyclable.
DISCARD. To abandon, bury, chuck, deposit, desert, discharge, dispose, drop, dump, eliminate, emit, fling, heave, hurl, jettison, launch, leave, loft, pitch, place, put, scrap, spill, throw, or toss any item, any solid waste, or derivative thereof, or any inherently waste-like material in a manner such that the discarded substance or material remains upon the land as solid waste.
GARBAGE. All putrescible animal solid, vegetable solid, and semisolid wastes from the processing, handling, preparation, cooking, serving, or consumption of food or food materials.
(I.C. 13-11-2-88
)
GENERATION. The act or process of producing solid waste.
GENERATOR. The person whose actions or processes result in the unwanted solid waste materials.
HAZARDOUS WASTE. Any 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 increase in serious irreversible, or incapacitating reversible, illness;
(2) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, handled, disposed of, or otherwise managed;
(3) Be non-degradable or persistent in the environment;
(4) Be biologically magnified;
(5) Cause, or tend to cause, cumulative effects; and/or
(6) Be defined in 40 C.F.R. § 261.3 and any future amendments. This definition includes household hazardous wastes, used non-food oils, and solvents.
INERT SOLID WASTE. Uncontaminated earth, rock, rigid concrete, bricks, tiles, or aged asphalt. Uncontaminated natural wood, brush, leaves, wood chips, sawdust, and similar materials shall be considered to be inert waste for the purposes of this chapter. Any asbestos-containing products shall not be considered to be INERT WASTE for the purposes of this chapter.
INFECTIOUS WASTE. Any waste that is capable of transmitting a communicable disease. This definition includes, but is not limited to: pathological wastes (human tissues, blood, excreta and secretions); medical and laboratory wastes; contaminated or fouled bedding, bandages, dressings and diapers; animal carcasses; offal; excreta; body parts; bedding; and other similar materials.
LITTERING. Discarding any item of solid waste in any location other than a proper waste storage container or disposal site.
(1) LITTERING shall include leaving unsolicited or unwanted materials, unless placed in a proper delivery receptacle.
(2) LITTERING may also include any item of waste materials moved by wind, water, or animals onto a public way, or onto an adjacent property. LITTERING shall not include anything or any combination of items exceeding a volume of one cubic foot.
OPEN DUMP. The consolidation of solid waste from one or more sources or the disposal of solid waste at a single disposal site that does not fill the requirements of a sanitary landfill or other land disposal method prescribed by law or regulations, and that is established and maintained without cover and without regard to the possibilities of contamination of surface or subsurface water resources.
(I.C. 13-11-2-147
)
OPEN DUMPING. The act of disposing of solid waste at an open dump. OPEN DUMPING shall include an accumulation of anything or any combination of items exceeding a volume of one cubic foot.
(I.C. 13-11-2-147
)
PERSON. Any individual, partnership, copartnership, firm, limited liability company, company, corporation, association, joint stock company, trust, estate, municipal corporation, city, school city, town, school district, school corporation, county, any consolidated unit of government, political subdivision, state agency, or any other legal entity.
(I.C. 13-11-2-158
)
RECYCLABLES. Materials segregated from the waste stream for the purposes of collection and reprocessing to recover and reuse as a material resource. This shall minimally include: glass containers; newspaper; office paper; unwaxed corrugated cardboard; aluminum and steel containers; and certain plastic containers. Other materials may be specified from time to time, and may include: magazines; phone books; batteries; tires; oils; metals; and any other item then specified as accepted by recycling programs and services operating in the county.
SALVAGING. The controlled removal of reusable or recyclable waste materials from a solid waste disposal facility with the consent of the owner of the waste material.
SCAVENGING. The uncontrolled, unauthorized, and illegal removal of materials from solid waste at any point in the waste management system.
SOLID WASTE. Any garbage, refuse, sludge, or other discarded or disposed materials, including: solid; liquid; or semi-solid; or contained gaseous materials resulting from any operation, activity or source. For the purposes of this chapter, this definition excludes hazardous and infectious wastes, as defined above.
STORAGE. As pertains to solid waste, means proper temporary containment of waste materials in a waste storage container for a period not to exceed 90 days, or an accumulation of three cubic yards, whichever is the first to occur. As pertains to construction/demolition materials, means proper temporary containment of waste materials in a waste storage container for a period not to exceed 90 days, or an accumulation of 40 cubic yards, whichever is the first to occur.
WASTE STORAGE CONTAINER.
(1) A proper and suitable receptacle used for the temporary storage of solid waste, infectious or hazardous wastes while awaiting collection. CONTAINERS shall be designed to prevent escape or leakage of contents and should be resistant to scavenging animals.
(2) Plastic bags, paper bags, and corrugated boxes shall not be considered to be proper CONTAINERS for outdoor storage of wastes.
VECTOR. Any animal or substance capable of harboring and transmitting microorganisms from one animal to another, or to a human.
(Prior Code, § 96.03) (Ord. 95-08, passed 9-5-1995)