For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGRICULTURAL USE. Operations for the production of agricultural or horticultural crops, including, but not limited to, livestock, livestock products, poultry, poultry products, grain, hay, pastures, soybeans, tobacco, timber, orchard fruits, vegetables, flowers, or ornamental plants, including provision for dwellings for persons and their families who are engaged in the above agricultural use on their tract.
AGRICULTURAL WASTE. Any non-hazardous waste resulting from the production and processing of on-the-farm agricultural products, including manures, prunings, and crop residues.
APPROVED INCINERATOR. An incinerator which complies with all current regulations of the responsible local, state, and federal air pollution control agencies.
BULKY WASTE. Non-putrescible solid wastes consisting of combustible and/or non-combustible waste materials from dwelling units, commercial, industrial, institutional, or agricultural establishments which are either too large or too heavy to be safely and conveniently loaded into solid waste transportation vehicles.
CABINET. The Natural Resources and Environmental Protection Cabinet.
CLOSURE. The time at which a waste treatment, storage, or disposal facility permanently ceases to accept wastes and includes those actions taken by the owner or operator of the facility to prepare the site for post-closure monitoring and maintenance or to make it suitable for other uses.
COLLECTION. Removal of solid waste from the designated pick-up location to the transfer vehicle. Acceptable collection practices shall consist of the following:
(1) Door-to-door household collection; and/or
(2) Direct access to a staffed convenience center or transfer facility.
COLLECTION BOX. An unstaffed receptacle utilized to collect municipal solid waste.
COMMERCIAL SOLID WASTE. All types of solid waste generated by stores, offices, restaurants, warehouses, and other service and nonmanufacturing activities, excluding households and industrial solid waste.
COMPOST. Solid waste which has undergone biological decomposition of organic matter, been disinfected using composting or similar technologies, been stabilized to a degree which is potentially beneficial to plant growth and which is approved for use or sale as a soil amendment, artificial topsoil, growing medium amendment, or other similar use.
COMPOSTING. The process by which biological decomposition of organic solid waste is carried out under controlled aerobic conditions and which can easily and safely be stored, handled, and used in an environmentally acceptable manner.
(1) COMPOSTING may include a process which creates an anaerobic zone within the composting material.
(2) COMPOSTING does not include simple exposure of solid waste under uncontrolled conditions resulting in natural decay.
CONSTRUCTION AND DEMOLITION DEBRIS. Materials resulting from the construction or destruction of residential, industrial, or commercial structures.
CONVENIENCE CENTERS. A facility that is staffed during operating hours for the collection of municipal solid waste.
COUNTY. The County of Clark, Kentucky.
DIRECTOR. The director of the Solid Waste Management Program of the county shall be the Clark County Judge/Executive. The DIRECTOR, as used in this chapter, shall refer to the Solid Waste Coordinator of Clark County.
DISPOSABLE SOLID WASTE CONTAINER. Disposable plastic or paper sacks with a capacity of ten to 35 gallons specifically designed for storage of solid waste.
DISPOSAL. The discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment, be emitted into the air, or be discharged into any water, including ground waters.
DWELLING UNIT. Any room or group of rooms located within a structure and forming a single habitable unit with facilities which are used or are intended to be used for living, sleeping, cooking, and eating.
GENERATOR. Any person, or site, whose act or process produces wastes.
GOVERNING BODY. A county, a waste management district, an entity created pursuant to the Interlocal Cooperation Act being KRS 65.210 et seq., a taxing district created pursuant to the provisions of KRS 65.180 through 65.192, a special district created pursuant to the provisions of KRS 65.160 through 65.176, or counties acting under contract pursuant to KRS 109.082.
HAZARDOUS WASTE. Any waste or combination of wastes which are determined by the Cabinet because of their quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.
HOUSEHOLD SOLID WASTE. Solid waste, including garbage and trash generated by single- and multiple-family residences, hotels, motels, bunkhouses, ranger stations, crew quarters, and recreational areas such as picnic areas, parks, and campgrounds.
INDUSTRIAL SOLID WASTE. Solid waste generated by manufacturing or industrial processes that is not a hazardous waste or a special waste as designated by KRS 224.50-760, including, but not limited to, waste resulting from the following manufacturing processes: electric power generation; fertilizer or agricultural chemicals; food and related products or by-products; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment; and water treatment.
KEY PERSONNEL. An officer, partner, director, manager, or shareholder of 5% or more of stock or financial interest in a corporation, partnership, or association, or parent, subsidiary, or affiliate corporation, and its officers, directors, and shareholders of 5% or more of stock or financial interest.
MATERIALS RECOVERY FACILITY. A solid waste management facility that provides for the extraction from solid waste of recyclable materials, materials suitable for use as a fuel or soil amendment, or any combination of those materials.
MUCK. Animal waste, manure, animal urine, straw, grass, hay, legumes of any sort, paper or paper products, sawdust, and any and all other material commonly used or that might be used for bedding of horses or any other animals, or used for any other purpose in the keeping of livestock and farm animals on farms or any other place where the same might be used for the keeping of animals.
MULTI-FAMILY RESIDENTIAL UNIT. A housing facility containing more than one dwelling unit under one roof.
MUNICIPAL SOLID WASTE DISPOSAL FACILITY. Any type of waste site or facility where the final decomposition of any amount of municipal solid waste occurs, whether or not mixed with or including other waste allowed under Subtitle D of the Federal Resources Conservation and Recovery Act of 1976, being 42 U.S.C. §§ 6941 et seq., as amended, and includes, but is not limited to, incinerators and waste-to-energy facilities that burn municipal solid waste, and contained and residential landfills, but does not include a waste site or facility which is operated exclusively by a solid waste generator on property owned by the solid waste generator which accepts only industrial solid waste from the solid waste generator or industrial solid waste generated at another facility owned and operated by the generator or wholly-owned subsidiary, or a medical waste incinerator which is owned, operated, and located on the property of a hospital or university which is regulated by the Cabinet and used for the purpose of treatment, prior to landfill, of medical waste received from the generator exclusively or in combination with medical waste generated by professionals or facilities licensed or regulated or operated by the state.
MUNICIPAL SOLID WASTE REDUCTION. Source reduction, waste minimization, reuse, recycling, composting, and materials recovery.
OCCUPANT. Any person who, alone or jointly, or severally with others, shall be in actual possession of any dwelling unit or any other improved real property, either as an owner or as a tenant.
OPEN BURNING. Burning of any matter in such manner that the combustion resulting from burning is remitted directly into the outdoor atmosphere without passing through a stack or chimney.
OPEN DUMP. Any facility on site for the disposal of solid waste which does not have a valid permit issued by the Cabinet or does not meet the environmental performance standards established under regulations promulgated by the Cabinet.
PERSON. An individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, federal agency, state agency, city, commission, political subdivision of the state, or any interstate body.
PROCESSING. Incinerating, composting, baling, shredding, salvaging, compacting, and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.
PUBLIC NUISANCE. Illegal waste disposal practices that include, but are not limited to, open burning, open dumps, or littering.
RECOVERED MATERIAL. Those materials, including, but not limited to, compost, which have known current use, reuse, or recycling potential, which can be feasibly used, reused, or recycled, and which have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent separation and processing, but does not include materials diverted or removed for purposes of energy recovery or combustion except refuse-derived fuel (RDF), which shall be credited as a recovered material in an amount equal to the percentage of that received on a daily basis at the processing facility and processed into RDF; but not to exceed 15% of the total amount of the municipal solid waste received at the processing facility on a daily basis.
RECOVERED MATERIAL PROCESSING FACILITY. A facility engaged solely in the storage, processing, and resale or reuse of recovered material, but does not mean a solid waste management facility if solid waste generated by a recovered material processing facility is managed pursuant to KRS Chapter 224, and administrative regulations adopted by the Cabinet.
RECYCLING. Any process by which materials which would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products, including refuse-derived fuel when processed in accordance with administrative regulations established by the Cabinet, but does not include the incineration or combustion of materials for the recovery of energy.
REFUSE-DERIVED FUEL. A sized, processed fuel product derived from the extensive separation of municipal solid waste, which includes the extraction of recoverable materials for recycling and the removal of non-processables such as dirt and gravel prior to processing the balance of the municipal solid waste into the refuse-derived fuel product.
RESIDENTIAL DWELLING UNIT. A building or portion thereof, providing complete housekeeping facilities for one person or one family.
RESIDENTIAL SOLID WASTE. Solid waste resulting from the maintenance of dwelling units.
SANITARY LANDFILL. A permitted facility for the disposal of solid waste which complies with the environmental performance standards specified in 401 KAR 47:030.
SLUDGE. 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 or any other such waste having similar characteristics and effects.
SOLID WASTE. Any garbage, refuse, sludge, and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, construction, and demolition operations, mining (excluding coal mining wastes, coal mining by-products, refuse, and overburden), and agricultural operations, and from community activities, but does not include those materials including, but not limited to, sand, soil, rock, gravel, or bridge debris extracted as part of a public road construction project funded wholly or in part with state funds, recovered material, special wastes as designated by KRS 224.50-760, solid or dissolved material in domestic sewage, manure, crops, crop residue, or a combination thereof which are placed on the soil for return to the soil as fertilizers or stored for return to the soil as fertilizers, or soil conditioners, or solid or dissolved material in irrigation return flows or industrial discharges which are point sources subject to permits under § 402 of the Federal Water Pollution Control Act being 33 U.S.C. § 1342, as amended (86 Stat. 880), or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954 being 42 U.S.C. §§ 2011 et seq., as amended (68 Stat. 923).
SOLID WASTE MANAGEMENT. The administration of solid waste activities: collection; storage; transportation; transfer; processing; treatment; and disposal, which shall be in accordance with a Cabinet approved county or multi-county solid waste management plan.
SOLID WASTE MANAGEMENT AREA OR AREAS. Any geographical areas established or designated by the Cabinet in accordance with the provisions of Senate Bill 2.
SOLID WASTE MANAGEMENT FACILITY. Any facility for collection, storage, transportation, transfer, processing, treatment, or disposal of solid waste, whether such facility is associated with facilities generating such wastes or otherwise, but does not include a container located on property where solid waste is generated and which is used solely for the purpose of collection and temporary storage of that solid waste prior to off-site disposal, or a recovered material processing facility which is subject to regulation pursuant to Senate Bill 2 for control of environmental impacts and to prevent any public nuisance.
SOLID WASTE MANAGEMENT PLAN. The document submitted by waste management districts, counties, or any combination thereof as required under KRS 224.43-340 and approved by the Cabinet.
SOLID WASTE SITE OR FACILITY. Any place at which solid waste is managed, stored, treated, processed, or disposed.
SOLID WASTE STORAGE/CONTAINER. Receptacle used by any person to store solid waste during the interval between solid waste generation and collection. A SOLID WASTE CONTAINER is made out of plastic, vinyl, or metal, ranging in size from about ten gallons to 42 cubic yards in size.
STORAGE. The containment of wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such wastes.
TRANSFER. The placement of solid waste from smaller collection vehicles into larger vehicles for transportation to intermediate or final disposal facilities.
TRANSFER FACILITY. Any transportation related facility including loading docks, parking areas, and other similar areas where shipments of solid waste are held or transferred during the normal course or transportation.
TRANSPORTATION. Any off-site movement of waste by any mode, and any loading, unloading, or storage incidental thereto.
TREATMENT. Any method, technique, or process including neutralization, designed to change the physical, chemical, or biological character or composition of any waste so as to neutralize such waste or so as to render such waste non-hazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. Such term includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it non-hazardous.
UNIVERSAL COLLECTION. A municipal solid waste collection system which is established by ordinance and approved by the Cabinet and requires access for each household or solid waste generator in a county.
WASTE MANAGEMENT DISTRICT. Any county or group of counties electing to form under the provisions of KRS Chapter 109 and operate in conformance with the provisions of KRS Chapter 109 and with § 4006, Resource Conservation and Recovery Act of 1976 being 42 U.S.C. § 6946, as amended (Pub. Law No. 94-580).
WASTE SITE OR FACILITY. Any place where waste is managed, processed, or disposed of by incineration, landfilling, or any other method, but does not include a container located on property where solid waste is generated and which is used solely for the purpose of collection and temporary storage of that solid waste prior to off-site disposal, or a recovered material processing facility or the combustion of processed waste in a utility boiler.
YARD WASTES. Grass clippings, leaves, and tree trimmings.
(Prior Code, § 30.002) (Ord. 91-4, passed 5-22-1991; Ord. 96-8, passed 5-23-1996)