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 provisions 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, pruning, and crop residues.
APPROVED INCINERATOR. An incinerator that complies with all current and applicable regulations of the responsible local, state, and federal environmental protection agencies.
BULKY WASTE. Non-putrescible solid wastes consisting of 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 Environmental and Public Protection Cabinet of the commonwealth.
COLLECTION.
(1) Removal of solid waste from the designated pick-up location to the transfer vehicle. Acceptable COLLECTION practices shall consist of the following:
(a) Door-to-door collection;
(b) Direct access to a staffed convenience center or transfer facility; and
(c) Use of collection boxes.
(2) COLLECTION includes collection for purposes of recycling.
COMMERCIAL HAULER. Any person, party, company, or corporation who handles and hauls solid waste over the road for a fee or other form of compensation.
CONSTRUCTION OR DEMOLITION WASTE. Solid waste which results from the construction, remodeling, repair, and demolition of structures and roads, and from the disposal of uncontaminated solid waste consisting of vegetation from land clearing and grubbing, utility line maintenance, and seasonal and storm-related cleanup. Such waste includes, but is not limited to: bricks, concrete, and other masonry materials; soil, rock, wood, wall coverings, plaster, drywall, plumbing fixtures, tree stumps, saw dust, leaves, paper, paper products, metals, furniture, insulation, roofing, glass, plastics that are not sealed in a manner that conceals other waste, electric wiring, and components (containing no liquids or hazardous metals) that are incidental to any of the above; and other inert waste as may be approved by the Cabinet. This definition shall not include: garbage, electrical fixtures containing hazardous liquids, hazardous material spill residues, hazardous waste, whole tires, drums, liquids, fuel tanks, or any other waste which the county landfill is not permitted to accept for disposal by the Cabinet.
CONVENIENCE CENTER. Any facility that is staffed and open during normal operating hours for the collection and subsequent transportation of municipal solid wastes and recyclables.
COUNTY. The County of Daviess of the Commonwealth.
DISPOSABLE SOLID WASTE CONTAINER. Disposable plastic or paper sacks specifically designed for the storage of solid waste.
DISPOSAL. The discharge, deposit, injection, dumping, 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.
DWELLING UNIT. Any room or suite of two or more rooms located within a building or portion thereof and forming a single habitable unit with facilities which are used or are intended to be used for living, sleeping, cooking, and eating, and also includes a tent, cabin, camping trailer, mobile home, boarding house, hotel, or motel.
HAZARDOUS WASTE. Any discarded material or material intended to be discarded, or substance or combination of such substances intended to be discarded, in any form which, because of its 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.
JUDGE/EXECUTIVE or DESIGNEE. The County Judge/Executive or such person or persons as the Judge/Executive may designate to carry out the responsibilities required by this chapter.
LITTERING. Placing, discarding, throwing, releasing, spilling, or depositing solid waste into the environment, on the land or ground, or in any lake, stream, ditch, river, pond, or other waterway.
MULTI-FAMILY RESIDENTIAL UNIT. A building or portion thereof designed for more than one dwelling unit under one roof.
MUNICIPAL SOLID WASTE. Household solid waste and commercial solid waste.
OCCUPANT. Any person who, alone or jointly or severally with others, is in actual possession of any dwelling unit or any other 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 emitted directly into the outdoor atmosphere without passing through a stack or chimney, but does not include: fires set for cooking of food for human consumption other than commercial premises; fires set for recreational or ceremonial purposes; small fires set by construction workers and other workers for comfort heating purposes; provided, that excessive or unusual smoke is not created; fires set for the purpose of weed abatement, disease, and pest prevention; fires set for prevention of a fire hazard, including the disposal of dangerous material where no safe alternative is available; fires set for bona fide instruction and training of public employees, including volunteer fire fighting units, and industrial employees in the method of fire fighting training; and fires set for disposal of natural growth for land clearing, and the trees and tree limbs fell by storms; provided, that no extraneous material such as tires or heavy oil is used to cause ignition or aid combustion and the burning is done on sunny days with no stronger than mild winds.
OPEN DUMP. Any facility or site used for the disposal of solid waste which does not have a valid permit issued pursuant to this chapter or by the Cabinet or does not meet the environmental performance standards established under regulations promulgated by the Cabinet. All disposal facilities for clean waste, yard waste, or any other type of waste must be registered with the County Solid Waste Coordinator.
PERSON. Any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, federal agency, state agency, city, commission, political subdivision of the commonwealth, or any other entity or any interstate body.
PROCESSING. Incinerating, composting, baling, shredding, salvaging, compacting, and other processes whereby solid waste or solid waste containers are modified or solid waste quantity is reduced or otherwise modified.
PUBLIC NUISANCE. Illegal waste disposal practices that include, but are not limited to, open burning, open dumps, or littering, which practices are deemed to be a nuisance under applicable law.
RESIDENTIAL DWELLING UNITS. A building or portion thereof, providing complete housekeeping facilities for one or more persons, or one family.
SOLID WASTE. Any garbage, refuse, sludge, and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining (excluding coal mining wastes, coal mining by-products, refuse, and overburden), 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, tire-derived fuel, special wastes as designated by KRS 224.50 through 224.760, 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 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, 86 Stat. 880, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, 68 Stat. 923:
(1) COMMERCIAL SOLID WASTE. All types of solid waste generated by stores, offices, restaurants, warehouses, and other service and non-manufacturing activities, excluding tire-derived fuel and household and industrial solid waste;
(2) 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, but it does not include tire-derived fuel;
(3) 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 through 224.760, 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, except tire-derived fuel; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment; and water treatment; and
(4) MUNICIPAL SOLID WASTE. Household solid waste and commercial solid waste.
SOLID WASTE COLLECTOR. A person designated, authorized, or permitted by the county to collect, transport, sort, process, or dispose of solid waste generated within county.
SOLID WASTE COORDINATOR. A person appointed by the County Fiscal Court whose responsibilities include assisting the Judge/Executive or his or her designee in the administration of this chapter and who is authorized to enforce of the requirements of this chapter, the criminal littering laws of the commonwealth, and the provisions of KRS 224.40 through 224.100.
SOLID WASTE MANAGEMENT. The administration of solid waste activities including collection, storage, transportation, transfer, processing, treatment, and disposal.
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.
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 generation and collection. A SOLID WASTE STORAGE CONTAINER may be made out of plastic, vinyl, or metal and range in size from about ten gallons to 42-cubic yards in size. Containers may not become brittle or breakable at cold temperatures.
STORAGE. The temporary containment of wastes incident to transportation. Solid waste may be stored for a reasonable time, but only in compliance with environmental performance standards under 401 KAR 47:030, and may not cause a nuisance. Storage of solid waste in excess of a reasonable time shall be presumed to be open dumping of the waste. Waste may not be stored at transfer facilities in excess of ten days without permission of the Judge/Executive or his or her designee.
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, compaction equipment, parking areas, and other similar facilities where shipments of solid waste are temporarily held or transferred incident to transportation.
TRANSPORTATION. Any off-site movement of waste by any mode, and any loading, unloading, storage, or management incidental thereto.
YARD WASTES. Limbs (under six inches), shrubs (without root balls), brush, Christmas trees, grass clippings, weeds, leaves, tree trimmings, and similar compostable materials.
(Ord. KOC 830.6 (08), passed 2-26-2008)