§ 50.001 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   AGRICULTURAL USE. A tract of at least five contiguous acres 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, orchards fruits, vegetables, flowers, or ornamental plants, including provision for dwelling for persons and their families who are engaged in the above agricultural use on the tract.

   APPROVED INCINERATOR. An incinerator which complies with all current regulations of the responsible local, state, and federal air pollution control agencies.

   BULKY WASTE. Non-putrescible solid waste consists of combustible and/or non-combustible waste materials, including white goods (that is, refrigerators, water heaters, and the like) from dwelling units, agricultural, commercial, institutional and industrial uses which are either too large or too heavy to be safely and conveniently loaded in solid waste transportation vehicles by solid waste collectors, with the equipment available therefor.

   COLLECTION. Gathering of solid waste at or near the source of generation including, but not limited to, dwelling units, agricultural, commercial, institutional and industrial uses.

   COUNTY. Unincorporated Kenton County, Kentucky, exclusive of cities or incorporated areas.

   DEMOLITION AND CONSTRUCTION WASTE. Wastes resulting from the razing of structures and unsalvageable materials and packing left over from the construction of residential, commercial, institutional and/or industrial structures.

   DIRECTOR. The Director of the Solid Waste Management Program of the county shall be the Solid Waste Coordinator, Northern Kentucky Solid Waste Management District, pursuant to an Interlocal Agreement entered into with Boone and Campbell Counties by Resolution dated September 25, 1991.

   DISPOSAL. 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 groundwaters.

   HAZARDOUS WASTE. See WASTE.

   MULTI-FAMILY RESIDENTIAL DWELLING UNIT. A housing facility containing more than one dwelling unit under one roof.

   MUNICIPAL SOLID WASTE DISPOSAL FACILITY. For the purpose of §§ 50.110 through 50.114 of this chapter shall be defined the same as defined in KRS 224.1-010.

   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.

   OPEN BURNING. Burning of any matter in such a manner that the products of combustion resulting from burning are emitted directly into the outdoor atmosphere without passing through a stack or chimney.

   OPEN DUMP. Any facility or site for the disposal of solid waste which does not have a valid permit issued by the Natural Resources and Environment Protection Cabinet or does not meet the environmental performance standards for a sanitary landfill under regulations promulgated by the Cabinet.

   OPERATOR. Shall have the meaning specified in 401 KAR 30:010 Section (144) and (145).

   OWNER. Shall have the meaning specified in 401 KAR 30:010 Section (144) and (145).

   PERSON. Any individual, firm, partnership, corporation, association, joint stock company, trust, estate, political subdivision, or organization of any kind, or their legal representative, agent or assigns. For the purpose of §§ 50.110 through 50.114 of this chapter, the term PERSON shall be defined as defined in KRS 224.01-010.

   PROCESSING. Any solid waste material recovery or energy recovery, including incineration, composting, baling, shredding, compacting, and other processes whereby solid waste characteristics are altered, either physically or chemically, or solid waste quantity reduced.

   RESIDENTIAL DWELLING UNIT. A building or portion thereof, providing complete housekeeping facilities for one person or one family.

   SANITARY LANDFILL. Facility for the disposal of solid waste consistent and pursuant to criteria published under Section 4004 of the Resource Conservation and Recovery Act, as amended, having a valid permit issued the applicable state's natural resources and environmental protection department.

   SOLID WASTE. See WASTE.

   SOLID WASTE MANAGEMENT. The administration of solid waste activities; storage, collection, processing, transportation, and disposal.

   SOLID WASTE MANAGEMENT AREA. The unincorporated area of the county as a part of the entire county so designated by the Natural Resources and Environment Protection Cabinet by approval of the local solid waste management plan.

   SOLID WASTE MANAGEMENT FACILITY. Shall be defined for the purpose of §§ 50.110 through 50.114 the same as defined in KRS 224.01-010.

   SOLID WASTE SITE OR FACILITY. Any place where waste is managed, processed, or disposed of by incineration, land filling, or any other method 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.

   STORAGE. Containment of wastes, either on a temporary basis or for a period of years, in such a means as not to constitute disposal of such wastes.

   STORAGE CONTAINER. A receptacle made out of plastic, vinyl, or metal, ranging in size from about 20 gallons to 42 cubic yards in size.

   TRANSFER. The placement of solid waste from smaller collection vehicles into larger vehicles for transportation to other intermediate or final disposal facilities.

   TRANSPORTATION. Any offsite movement of waste by any mode and any loading, unloading, or storage incidental thereto.

   WASTE.

      (1)    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.

      (2)    SOLID WASTE. Any garbage, litter, 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) and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows or industrial discharges.

   YARD WASTES. Weeds or grass clippings, leaves, trees, or tree trimmings, and the like.

(Ord. 830.2, passed 6-13-89; Am. Ord. 95-830.4, passed 9-26-95)