For purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. These definitions shall apply to all rules, regulations or agreements entered into pursuant to this chapter.
ASHES: Means the residue from the burning of wood, coal, coke or other combustible materials.
BAGS: See definition of containers.
BULKY WASTE: Means stoves, refrigerators, water tanks, washing machines, furniture, appliances, springs, mattresses, carpets, demolition, commercial, industrial, tree stumps, tree trunks, logs, vehicle bodies and parts, wire, large dead animals (over 10 pounds), cement, sheetrock, sod, dirt, tires, rock, loose branches, any item weighing over sixty (60) pounds or four feet (4') in length.
BUNDLE: Means small trees, branches, shrub and brush trimmings or newspapers and magazines securely tied together forming an easily handled package not to exceed four feet (4') in length and/or thirty five (35) pounds in weight.
BUSINESS: Means an individual, partnership, association, corporation, company, trust, firm, estate, joint venture, unit, agent, public agency, industry or other legal entity operating as a self-contained independent enterprise, such as a beauty shop, retail shop, professional office, etc.
BUSINESS UNIT: Means each space occupied by an individual business. A business unit shall be deemed occupied when either occupied or producing solid waste.
CITY: Means the City of Deary, Idaho.
CONTAINERS:
Bag: Means plastic sacks designed to store solid waste with sufficient wall strength to maintain physical integrity when lifted by top. Total weight of bag and its contents shall not exceed thirty five (35) pounds for collection services.
Compactor Container: Means a receptacle designed to compact solid waste and to be moved by mechanical means so that its contents can be emptied.
Manual Container (Garbage Can): Means a receptacle with a capacity of greater than twenty (20) gallons, but not more than thirty six (36) gallons tapered so that it is larger at the top than at the bottom, made of metal, plastic or fiberglass having a tight-fitting lid which completely covers the top of the container, rodent-proof and having handles of adequate strength for lifting.
Mechanical Container: Means a receptacle designed for loose solid waste to be lifted by mechanical means so that its contents can be emptied.
COUNCIL: Means the City Council of the City of Deary, Idaho.
CURBLINE/CURBSIDE: Means that portion of right-of-way or private property adjacent to the traveled portion of the City right-of- ways used for the placement of all solid waste containers on collection days. Containers shall be placed as close as is reasonably possible to the traveled right-of-way without obstructing parking lanes or public sidewalks.
DIRECTOR: Means the City Supervisor or such person so designated by City Supervisor or Mayor.
DISPOSAL: Means disposing of solid waste in a disposal site, disposal of solid waste for resource recovery or transportation to another site or facility.
DISPOSAL SITE: Means the waste facility or site where solid waste is disposed of, reduced or recovered, such as sanitary landfills, transfer stations, incinerators and resource recovery facilities which are licensed or approved to receive for processing solid waste by all governmental bodies or agencies having jurisdiction.
EQUIPMENT: Means equipment used by a franchisee within the City for the collection or disposal of solid waste.
FRANCHISEE: Means the person, persons or corporation holding a contract and/or franchise issued or granted by the City authorizing such person to operate, conduct or maintain a Municipal solid waste collection and disposal system upon, or over any streets, alleys and public ways of the City.
GARBAGE CAN: See definition of containers.
GENERATOR: Means any resident of a residential unit or business unit who creates or produces hazardous waste.
HAUL: Means an individual trip transporting solid waste from the producer, or any other point within the City to a disposal site.
HAZARDOUS WASTE: Means any chemical, compound, mixture, substance or article, which is designated by the United States Environmental Protection Agency or other appropriate agency of the Federal government, or State of Idaho, to be hazardous as that term is defined by or pursuant to law.
HEAVY WASTE: Means heavy waste and materials resulting from excavations, construction, remodeling, repair or demolition operations, including rocks, tree trunks, logs, cement, concrete and sod.
HOUSEHOLD WASTE: Means that waste produced by an ordinary residential unit fitting into a bag, manual container or bundle less than four feet (4') in length. Does not include bulky, infectious or hazardous wastes or any type of solid waste that is not normally collected by the franchisee at residential or business units, on the regular collection routes.
INFECTIOUS WASTE: Means any material, chemical, compound, mixture, substance or article known to be infectious by the producer or which is designated by the United States Environmental Protection Agency or other appropriate agency of the Federal government or the State of Idaho to be infectious as that term is commonly defined or defined by or pursuant to law.
INSPECTOR: Means the authorized employee or agent of the City designated by the Director as having the duty of enforcement of this chapter.
PREMISES: Means land and all buildings and structures thereon including, but not excluding by terms of enumeration, single- family or multifamily dwellings, rooming houses, apartment houses, hospitals, convalescent and nursing homes, hotels and motels, restaurants, drive-in establishments, schools (kindergartens, academic, trade or industrial), and any other place of habitation, office, shop or establishment or place of conducting a business, trade or occupation.
PRODUCER: Means residential unit or business unit, as defined herein.
PUTRESCIBLE WASTE: Means solid waste which has the capacity to become rotten or foul.
RESIDENT: Means every person in possession, charge, custody or control of any premises where solid waste is created or accumulated.
RESIDENTIAL UNIT: Means a dwelling within the corporate limits of the City occupied by a person or group of persons. A residential unit shall be deemed occupied when either occupied or producing solid waste. Each unit within an apartment or condominium shall be treated as an individual dwelling unit, unless served by a mechanical container or compactor.
SERVICE: Means solid waste collection and disposal of, or resource recovery from solid waste, as further defined by agreement.
SOLID WASTE: Means all solid waste or semi-solid waste including without limitation: bulky, household, hazardous, infectious, garbage, rubbish, refuse, trash, ashes or swill, newsprint or waste paper, corrugated paper or cardboard, grass clippings, compost, discarded appliances, equipment, furniture, vehicle parts, tires, vegetable or animal wastes, wire, cement, demolition or other wastes, resulting from industrial, commercial, agriculture, institutional and residential activities. "Solid waste" includes material that is no longer directly usable by the producer, owner, resident or possessor of the material, but may be recovered by another person. "Solid waste" shall include materials that may have value and thus be recovered. The fact that materials are separated or segregated from other solid waste does not remove the materials from this definition. "Solid waste" shall include waste presently in liquid form. No material shall be considered solid waste until placed for collection. (Ord. 265 § 3, 1987)