For the purpose of this chapter, the following terms shall be deemed to have the meaning indicated below.
“AGRICULTURE WASTE.” Any non-hazardous waste resulting from the production and processing of on-the-farm agriculture products, including manures, pruning and crops residues.
“APPROVED INCINERATOR.” An incinerator which complies with all current regulations of the responsible local, State, and Federal air pollution control agencies.
“BAGS.” Plastic sacks designed for garbage with sufficient wall strength to maintain physical integrity when lifted by the top or scavenged by small animals (such as dogs, cats, and raccoons); securely tied at the top for collection, with a capacity not to exceed 35 gallons and a loaded weight not to exceed 50 pounds.
“BULKY WASTE.” non-recyclable 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 in solid waste transportation vehicles by solid waste collectors, along with regular collection.
“BUNDLE.” Yard and garden trimmings or newspapers and magazines securely tied together forming an easily handled package not exceeding 40 inches in length, 30 inches in diameter, 50 pounds of weight.
“CABINET.” The Kentucky Natural Resources and Environmental Protection Cabinet.
“CITY.” The City of Hazard, Kentucky.
“CONSTRUCTION AND DEMOLITION WASTE.” Waste materials resulting from land development and the construction, remodeling, repair, and demolition of entire or partial structures and uncontaminated waste consisting of vegetation resulting from land clearing.
“CONTAINERS.”
(1) “COMMERCIAL CONTAINER.” Business, commercial, institutional and/or industrial containers approved by the Director for storage of solid waste.
(2) “RESIDENTIAL CONTAINER.” Containers that meet the requirements of this chapter for residential purposes only.
“CONVENIENCE CENTERS.” A facility that is staffed during operating hours for the collection and subsequent transportation of solid wastes with the exception of hazardous waste and medical waste.
“COUNTY.” The County of Perry, Kentucky.
“CUSTOMER.” Any person, company, association, agency, commission, or other entity required to utilize the city’s solid waste collection service by this chapter.
“DIRECTOR.” The City Manager is in charge of and manages the solid waste collection program. The “DIRECTOR” is the designated solid waste coordinator for the City of Hazard performing all functions as required by the Kentucky Department for Environmental Protection.
“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 groundwater.
“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.
“MEDICAL WASTE.” Any waste product or other substance generated by any hospital, physician, or dentist’s office, medical laboratory or other medical facility which is classified under any federal or state statute, regulation or other rules as hazardous to public health or safety now or hereinafter. The classification of such waste by federal or state authorities shall be deemed conclusive evidence of the nature of the waste insofar as the city and any user or customer of the garbage disposal facilities thereof is concerned.
“OCCUPANT.” Any person who, alone or jointly or severally with others, shall be in actual possession of any dwelling unit or of any other improved real property, either as owner or as a tenant.
“PERSON.” Any individual, partnership, corporation, association, joint stock company, trust, estate, political subdivision, or organization of any kind, or their legal representative, agent or assigns.
“REGULATED WASTE.” Products not considered hazardous waste but that cannot be disposed of or collected in residential or commercial containers. The term can be classified or defined by the Director and includes but is not limited to; household appliances, liquid paint, paint cans, paint containers, computers, tires, automotive batteries, grease, waste oil or petroleum products, chemicals or caustic substances.
“RESIDENTIAL CONTAINERS.”
(1) “CART.” A receptacle made of plastic or fiberglass with a capacity not to exceed 96 gallons, a loaded weight of no more than 50 pounds with a tight-fitting lid.
(2) “NON-REUSABLE CONTAINER.” See definition of “BAGS”.
“RESIDENTIAL UNIT.” A dwelling within a structure that has at least a single inhabitable unit with facilities that are used or are intended to be used for living, sleeping, cooking, and eating for at least one person. May include single family homes, apartment buildings, multifamily dwelling, single-room rental units and all other structures that are intended to be inhabited by persons for living purposes. Excludes commercial hotels, motels and other commercial temporary housing paid by a day rate.
“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 224.50-760, hazardous waste, 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, as amended (86 Stat. 880), or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923):
(1) “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;
(2) “COMMERCIAL SOLID WASTE.” All types of solid waste generated by stores, offices, restaurants, warehouses, and other service and nonmanufacturing activities, excluding tire-derived fuel and household and industrial solid waste;
(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 224.50-760, 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, commercial and industrial solid waste.
“STORAGE.” Keeping, maintaining or storing solid waste from the time of its production until the time of its collection.
“TRANSPORTATION.” The transporting of solid waste from the place of collection or processing to a solid waste processing facility or solid waste disposal area.
“YARD WASTE.” Grass clippings, leaves, twigs and tree trimmings and very small limbs and other similar yard and garden waste suitable for placement in solid waste containers as defined and specified elsewhere in this chapter.
(Ord. 2016-03, passed - -15; Am. Ord. 2018-08, passed 1-22-18)