Sec. 20-34. - Definitions.
   (a)   The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
   Closure means the cessation of operation of a solid waste management facility and the act of securing the facility so that it will pose no significant threat to human health or the environment.
   Collection means the act of removing solid waste from a point of generation to a central storage point or to a disposal site and from a central storage point to a disposal site.
   Commercial solid waste means solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities excluding residential, industrial, and institutional wastes.
   Construction or demolition waste means solid waste resulting solely from construction, remodeling, repair, or demolition operations on buildings, or other structures but does not include inert, land clearing or yard waste debris or used asphalt mixed with dirt, sand, gravel, rock, concrete, or similar nonhazardous material.
   Department means the state department of environment and natural resources (DENR).
   Director means the county director of utilities who is the administrator designated with the responsibility for the solid waste program and enforcement of this article, or his designated representative.
   Disposal means the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste into or on any land or water so that the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwater.
   Division means the county division of solid waste management.
   Garbage means all putrescible wastes, including animal offal and carcasses, and recognizable industrial byproducts, but excluding sewage and human waste.
   Hazardous waste means a solid waste, or combination of solid wastes, which because of its quantity, concentration or physical, chemical or infectious characteristics may:
   (1)   Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or
   (2)   Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
   Hazardous waste disposal facility means any facility or any portion of a facility for disposal of hazardous waste on or in any land.
   Hazardous waste facility means a facility for the collection, storage, processing, treatment, recycling or recovery of hazardous waste.
   Hazardous waste generation means the act or process of producing hazardous waste.
   Incineration means the process of burning solid, semisolid, or gaseous combustible wastes to an inoffensive gas and residue containing little or no combustible material.
   Industrial solid waste means solid waste generated by manufacturing or industrial processes that is not hazardous waste regulated under subtitle C of RCRA. This term does not include mining waste or oil and gas waste.
   Inert debris means solid waste which consists solely of material that is virtually inert and likely to retain its physical and chemical structure under expected conditions of disposal.
   Infectious waste means:
   (1)   Equipment, instruments, utensils and fomites of a disposable nature from the rooms of patients who are suspected to have or have been diagnosed as having a communicable disease and must therefore be isolated as required by public health agencies.
   (2)   Laboratory wastes, such as pathological specimens (e.g., all tissues, specimens of blood elements, excreta and secretion from patients or laboratory animals) and disposable fomites (any substance that may harbor or transmit pathogenic organisms) attendant thereto.
   (3)   Surgical operating room pathologic specimens and disposable fomites attendant thereto, and similar disposable materials from outpatient areas and emergency rooms.
   Institutional solid waste means solid waste generated by educational, health care, correctional, and other institutional facilities, excluding residential, commercial, and industrial waste.
   Land clearing debris means solid waste which is generated solely from land clearing activities, excluding construction and demolition waste.
   Landfill means a discrete area of land or an excavation that receives nonhazardous solid waste and is not a land application unit, surface impoundment, injection well, or waste pile, as defined under 40 CFR 257. A landfill may be publicly or privately owned.
   Manager means the county manager or his designee.
   Medical waste means any solid waste which is generated in the diagnosis, treatment or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals, but does not include any hazardous waste identified or listed pursuant to this article, radioactive waste, or household waste as defined in 40 CFR 261.4(b)(1) in effect on July 1, 1989, or those substances excluded from the definition of "solid waste" in this section.
   Natural resources means all materials which have useful physical or chemical properties which exist, unused, in nature.
   Open dump means a solid waste disposal site that does not have a permit and/or does not comply with the rules set forth in this article.
   Operator means any person, including the owner, who is principally engaged in, and is in charge of, the actual operation, supervision, and maintenance of a solid waste management facility and includes the person in charge of a shift or periods of operation during any part of the day.
   Pathological waste means human tissues, organs, body parts, secretions and excretions, blood and body fluids that are removed during surgery and autopsies, and carcasses and body parts of any animals that were exposed during research to pathogens that are potentially dangerous to humans, were used in the production of biologicals or in vivo testing of pharmaceuticals, or that died with a known or suspected disease transmissible to humans.
   Processing means any technique designed to change the physical, chemical or biological character or composition of any solid waste so as to render it safe for transport; amenable to recovery, storage or recycling; safe for disposal; or reduced in volume or concentration.
   Radioactive waste material means waste containing any material, whether solid, liquid, or gas, that emits ionizing radiation spontaneously.
   Recovered materials means those materials which have known recycling potential, can be feasibly recycled, and have been diverted or removed from the solid waste stream for sale, use or reuse by separation, collection or processing.
   Recyclable materials means those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste.
   Recycling means the process by which solid waste or recovered materials are collected, separated, or processed, and reused or returned to use in the form of raw materials or products.
   Refuse means all nonputrescible waste.
   Resource recovery means the process of obtaining material or energy resources from discarded solid waste which no longer has any useful life in its present form and preparing the solid waste for recycling.
   Reuse means a process by which resources are reused or rendered usable.
   Sanitary landfill means a facility for disposal of solid waste on land in a sanitary manner in accordance with the rules concerning sanitary landfills adopted under this article.
   Scrap tire means a tire that is no longer suitable for its original, intended purpose because of wear, damage or defect.
   Septage means waste that is a fluid mixture of untreated and partially treated sewage solids, liquids and sludge of human or domestic origin which is removed from a septic tank system.
   Sharps means needles, syringes, and scalpel blades.
   Sludge means any solid, semisolid or liquid waste generated from a municipal, commercial, institutional or industrial wastewater treatment plant, water supply treatment plant or air pollution control facility, or any other waste having similar characteristics and effects.
   Solid waste means any hazardous or nonhazardous garbage, refuse or sludge from a waste treatment plant, water supply treatment plant or air pollution control facility, domestic sewage and sludge generated by the treatment thereof in sanitary sewage collection, treatment and disposal systems and other material that is either discarded or is being accumulated, stored or treated prior to being discarded or has served its original intended use and is generally discarded, including solid, liquid, semisolid or contained gaseous material resulting from industrial, institutional, commercial and agriculture operations, and from community activities. The term does not include:
   (1)   Fecal waste from fowls and animals other than humans.
   (2)   Solid or dissolved material in:
      a.   Domestic sewage and sludge generated by treatment of domestic sewage in sanitary sewage collection, treatment and disposal systems which are designed to discharge effluents to the surface waters;
      b.   Irrigation return flows; and
      c.   Wastewater discharges and the sludge incidental to and generated by treatment which are point sources subject to permits granted under Section 402 of the Water Pollution Control Act, as amended (PL 92-500), and permits granted under G.S. 143-214.1 by the environmental management commission. However, any sludge that meets the criteria for hazardous waste under RCRA shall also be a solid waste for the purpose of this article.
   (3)   Oils and other liquid hydrocarbons controlled under G.S. 143A-215.75 et seq. However, any oils or other liquid hydrocarbons that meet the criteria for hazardous waste under RCRA shall also be a solid waste for the purposes of this article.
   (4)   Any source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954, as amended (42 USC 2011).
   (5)   Mining refuse covered by the state mining act, G.S. 74-46—74-68 and regulated by the state mining commission (as defined under G.S. 143B-290). However, any specific mining waste under RCRA shall also be a solid waste for the purposes of this article.
   Solid waste collector means any person who collects or transports solid waste.
   Solid waste container means a container used for the temporary storage of solid waste or recyclables while awaiting collection.
   Solid waste container site means any place owned, leased, or operated by the county at which solid waste containers have been placed.
   Solid waste disposal site means any place at which solid wastes are disposed of by incineration, sanitary landfill or any other method.
   Solid waste management means a purposeful, systematic control of the generation, storage, collection, transport, separation, treatment, processing, recycling, recovery and disposal of solid waste.
   Solid waste management facility means land, personnel and equipment used in the management of solid waste.
   Solid waste manager means the manager of the county solid waste division.
   Special waste means solid waste that can require special handling and management, including white goods, whole tires, aluminum, used oil, lead-acid batteries, asbestos, medical wastes and household hazardous wastes.
   Storage means the containment of solid waste, either on a temporary basis or for a period of years in a manner which does not constitute disposal.
   Transfer facility means a permanent structure with mechanical equipment used for the collection or compaction of solid waste prior to the transportation of solid waste for disposal.
   Treatment means any method, technique or process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage or reduced in volume. The term "treatment" includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it nonhazardous.
   Unit of local government means a county, city, town or incorporated village.
   Used oil means any oil which has been refined from crude oil or synthetic oil and as a result of use, storage, or handling has become unsuitable for its original purpose.
   White goods means inoperative and discarded refrigerators, ranges, water heaters, freezers and other similar domestic and commercial large appliances.
   Yard waste means solid waste consisting solely of vegetative matter resulting from landscaping maintenance.
   (b)   The following definitions shall apply in the interpretation and enforcement of this article as it relates to oil and used oil:
   Public used oil collection center means:
   (1)   Automotive service facilities or governmentally sponsored collection facilities, which in the course of business accept for disposal small quantities of used oil from households.
   (2)   Facilities which store used oil in aboveground tanks, which are approved by the department (DENR) and which in the course of business accept for disposal small quantities of used oil from households.
   Used oil means any oil which has been refined from crude oil or synthetic oil and as a result of use, storage, or handling has become unsuitable for its original purpose due to the presence of impurities or loss of original properties, but which may be suitable for further use and is economically recyclable.
   Used oil recycling facility means any facility that recycles more than 10,000 gallons of used oil annually.
(Ord. of 10-4-1999, art. V)
   Cross reference—Definitions generally, § 1-2.