For the purpose of this chapter, the following terms, phrases and words shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular, and words in the singular number include the plural. The word "shall" is always mandatory and not merely directory.
ASHES: The residue from the burning of wood, coal, coke or other combustible materials.
BULKY WASTE: Stoves, refrigerators, water tanks, washing machines, furniture and other waste materials other than construction debris, dead animals, hazardous materials or stable matter with weights or volumes greater than those allowed for cans.
CAN: A receptacle approved by the city.
CITY: The city of Hagerman, Idaho.
CONSTRUCTION DEBRIS: Waste building materials resulting from construction, remodeling, repair or demolition operations.
CONTRACTOR: The person or entity authorized by the city to operate, conduct, and maintain a municipal solid waste collection and removal system of the city.
COUNTY: The county of Gooding, state of Idaho.
CUSTOMER: An occupant or owner of any premises in the city for which solid waste service is, or has been, provided.
FRANCHISEE: Any person or entity authorized by the city of Hagerman, or employed by the city of Hagerman to collect, handle, transport and dispose of solid waste and/or recyclable materials and who has executed a franchise agreement with the city of Hagerman.
HAZARDOUS MATERIALS: Any chemical, compound, mixture, substance or article which is designated by the United States environmental protection agency or appropriate agency of the state to be "hazardous", as that term is defined by or pursuant to federal or state law.
INSPECTOR: The authorized employee or employees of the city of Hagerman, or some individual designated by the city council as having the duty of enforcement of this chapter.
MANDATORY: Every resident, business, entity or owner of a residential unit within the city is required to use the collection and disposal system established by the city.
OWNER: The person owning the real property where solid waste is created or accumulated.
PERSON: Any individual, partnership, association, firm, corporation, public agency, or any other legal entity.
PREMISES: Land and all buildings and structures thereon. "Premises" can be of two (2) or more classifications, defined as:
Commercial Premises: Business, industrial, and institutional premises and activities located within a commercially or industrially zoned district of the city or operating with a valid issued special use permit in a residentially zoned district, as distinct from residential or multi-family premises.
Multi-Family Premises: A dwelling or structure where more than one family resides.
Residential Premises: A dwelling or structure where a person or group of persons reside.
PROHIBITED WASTE: A. Includes any wastes that have any of the following general characteristics:
1. Extreme temperature;
2. Harmful vapors;
3. The presence of corrosive, flammable, explosive or toxic chemicals;
4. Any materials with physical or other properties which render collection operations hazardous; or
5. Any materials which create a risk to the environment or public health and safety.
B. In addition to wastes with the general characteristics described above, prohibited wastes include:
1. Liquid wastes, both bulk and contained;
2. Tires;
3. Any material regulated by the state of Idaho or the United States environmental protection agency (40 CFR 260 through 268) as hazardous waste;
4. Any equipment or machines containing refrigerants;
5. Infectious wastes generated from business sources such as hospitals, clinics, medical, surgical, dental, nursing homes, veterinarian offices, and laboratories. Generators of infectious waste are required to sterilize, package, or otherwise process the infectious waste so that it may be collected without hazard to collection personnel and the general public; and
6. Dead animal remains in an amount exceeding twenty five (25) pounds, excluding animal carcasses if broken down and placed into plastic solid waste bags and into a lidded, airtight and watertight container.
PUTRESCIBLE WASTE: Wastes that can decay and stink or become putrid.
RECYCLABLE MATERIALS: Products, including paper, cardboard, metal, glass, or other substance capable of being reprocessed into consumer materials, which have served the purpose for which they were originally manufactured or produced and have passed through their end usage as consumer items, and which have been discarded or placed for collection by their owner, whether or not such products have monetary value.
REFUSE: All putrescible and nonputrescible solid waste (except sewage), including garbage and rubbish.
RESIDENT: Every person, including lessees and occupants, in possession, charge, custody, or control of any premises, residential or commercial, where solid waste is created or accumulated.
RESIDENTIAL UNIT: A dwelling within the corporate limits of the city occupied by a person or group of persons comprising not more than three (3) families. A "residential unit" shall be deemed occupied when either water or domestic light and power services are being supplied thereto. A condominium dwelling, whether single or multi-level construction, consisting of three (3) or less continuous or separate single-family dwelling units, shall be treated as a residential unit, except that each single-family dwelling within any such residential unit may be billed separately as a residential unit. Each separate rental unit, in the case of a multi-family dwelling, shall be considered as a residential unit and billed separately.
RUBBISH: All waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded mattresses, used and discarded shoes and boots, combustible waste, pulp and other products such as are used for packaging, or wrapping crockery, and glass, ashes, cinders, floor sweepings, glass, mineral or metallic substances, and any and all other waste materials not included in the definition of "bulky waste", "construction debris", dead animals, garbage, "hazardous materials" or "stable matter".
SEWAGE: Water carried wastes from residences, commercial or industrial establishments, business buildings, and other premises, containing polluted matter subject to treatment at the sewage treatment plant.
SOLID WASTE: Any ashes, garbage, refuse, or rubbish, or any combination thereof.
STABLE MATTER: All manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry or livestock. (Ord. 1033, 9-21-2005)