For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The following definitions shall apply in the interpretation and enforcement of this subchapter.
"ABANDONED VEHICLE." Any machinery, equipment, watercraft or trailer that has remained on private or public property without the consent of the owner or person in control of that property for more than 48 hours and is mechanically inoperable. Also, any vehicle, machinery, equipment, watercraft or trailer that is mechanically inoperable and continuously in a location visible from public property or public right-of-way, or visible from the immediate vicinity of private residences or businesses for more than 20 days.
"ABATE." To end or eliminate nuisance solid waste accumulation, illegal dumping, littering, or any other violation of this subchapter by removal, clean up and proper disposal.
"CONSTRUCTION/DEMOLITION WASTE." Any discarded construction or demolition materials including but not limited to, lumber, wood, paneling, drywall, roofing material, siding, plumbing, electrical wiring, doors, windows, furniture, floor coverings, fixtures and cabinets.
"CONTAMINATED." Un-rinsed containers with food or product residues, non-container glass materials, materials with contained oils, pesticides, fertilizers, herbicides, poisons, or other hazardous materials, materials fouled with dirt or other substances foreign to their original contents or composition, wet or saturated newspapers, and any other condition which renders the materials an-recyclable.
"DISCARD." To abandon, deposit, desert, discharge, dispose, drop, dump, eliminate, emit, leave, pitch, place, put, scrap, spill, leak, throw, or toss any item of solid waste or derivative thereof, or any inherent waste-like material in a manner such that the discarded substance remains upon the land as solid waste.
"DUMPING/TO DUMP." The discarding of any items of solid waste commonly known as garbage, rubbish, refuse, construction and demolition debris, household trash, baby diapers, food wastes, appliances, tires, scrap metal, vehicles or parts, and all other items and materials defined as solid waste below.
"ENFORCEMENT AUTHORITY." The Compliance Officer of the Howard County Recycling District or some other person specifically designated by the Director of the Howard County Recycling District, including but not limited to, a police officer, a sheriffs officer, a conservation officer, an appropriate representative of a state or local governmental department, or other "sworn" enforcement officer.
"FILL MATERIAL." Any material that is used for fill such as soil, clay, shale, gravel, sand or concrete.
"GARBAGE." Any animal solid, vegetable solid, and semi-solid wastes from the processing, handling, preparation, cooking, serving, or consumption of food or food materials.
"GENERATE." The act or process of producing solid waste. "GENERATOR" means the person whose actions or processes result in unwanted solid waste materials.
"HAZARDOUS WASTE." Any waste, including but not limited to, household hazardous wastes, used automotive fluids or parts, solvents and chemicals that because of its quantity, concentration, or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or 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, handled, disposed of or otherwise mismanaged.
"HOWARD COUNTY RECYCLING DISTRICT." Includes all of the incorporated and unincorporated territory in the county.
"INERT SOLID WASTE." Includes but is not limited to, uncontaminated earth, rocks, rigid concrete, bricks, tiles, aged asphalt, uncontaminated natural wood, brush, leaves, grass clippings, wood chips, or sawdust.
"INFECTIOUS WASTE." Any waste that is capable of transmitting a communicable disease, including but not limited to, pathological waste (human tissues, blood, excreta and secretions), medical and laboratory wastes, contaminated or fouled bedding, bandages, dressings, diapers, contaminated animal carcasses, offal, excreta, body parts.
"JUNK." Any of the following items which are considered abandoned, dismantled, discarded or otherwise unusable including, but not limited to, vehicles, machinery, equipment, appliances or other household goods and furniture. The term shall also include but is not limited to, component parts, such as engines, transmissions, drive trains, suspension, fenders, doors, hoods, wheels, windshields and tires removed from vehicles or any other part of a motor vehicle.
"LITTER." Any man-made or man-used waste, which, if deposited within the county otherwise than in a proper waste storage container, tends to create a danger to public health, safety, and welfare or tends to impair the environment or aesthetic well-being of the community. Litter shall include, but not be limited to, garbage, trash, refuse, debris, grass clippings, other lawn or garden waste, paper products, glass, metal, plastic or paper containers, or other waste material of an unsightly, unsanitary, nauseous or offensive nature. "LITTERING" may also include any item of waste material moved by wind, water or animals or any other combination of these items.
"MECHANICALLY INOPERABLE." Any vehicle, machinery, equipment, watercraft or trailer which is in a condition that prevents it from being driven under its own power, or not able to be operated in its normal manner.
"NUISANCE." Defined as set out in IC 34-1-52-1, to wit: whatever is injurious to health, or an obstruction to the free use of property, so as essentially to interfere with the comfortable enjoyment of life or property. "NUISANCE" is any condition or thing existing or allowed to exist that injures or endangers the comfort, health or safety of others or the environment; unlawfully interferes with, obstructs or tends to destruct or renders dangerous for passage on any public or private property, or is likely to depreciate the value of other's property.
"OF RECORD." Recorded in the records of the Recorder of Howard County, Indiana, or in the records of the Auditor of Howard County, Indiana.
"OPEN DUMP." The consolidation of solid waste from one or more sources or the discarding of solid waste at any location that does not fulfill the requirements of a sanitary landfill, transfer station or other facility as prescribed by state law or regulations, and that exists without daily cover and without regard to the possibilities of contamination of surface or sub-surface water resources, air, land or other hazard or threat of hazard to the environment or safety.
"PERSON." An individual, partnership, firm, company, corporation, trust, estate, legal representative or agent.
"PRIVATE PREMISES." All property, including, but not limited to, vacant land or any land upon which is located one or more buildings or other structures designated or used for residential, commercial, business, industrial, institutional, or religious purposes, together with any yard, grounds, walks, driveways, fences, porches, or other structures or improvements appurtenant to the land, except any public place.
"PUBLIC PLACE." Shall include but is not limited to, any and all streets and roads, curbs, gutters, sidewalks, alleys, or other public ways, any and all public parks, lakes, waterways, spaces, publicly owned rights-of-way, grounds, or buildings within the incorporated and unincorporated territory in Howard County pursuant to IC 13-21-3 except those areas excluded by each eligible entity as defined in an adopted ordinance related to this subchapter.
"RECYCLABLES." Materials segregated from the waste stream for the purpose of collection and reprocessing to recover and reuse as a material resource. This shall include, but is not limited to, glass containers, newspapers, office papers, corrugated cardboard, aluminum, steel containers and certain plastic containers.
"SALVAGING." The controlled removal of reusable or recyclable waste material.
"SCAVANGING." The uncontrolled and unauthorized removal of solid waste materials or recyclables at any point in the waste management system.
"SOLID WASTE." Any garbage, refuse, sludge, or other discarded or disposed materials, including but not limited to, solid, liquid, or semi-solid or contained gaseous materials resulting from any operation, activity, or source.
"SUBSTANTIAL PROPERTY INTEREST." Any right in real property that may be affected in a substantial way by actions authorized by this subchapter, including a fee interest, a life estate interest, a future interest, a present possessor interest, or an equitable interest of a contract purchaser, or a lease.
"WASTE STORAGE." Proper temporary containment of waste materials in a waste storage container for a period not to exceed ten days or the standard interval of local commercial collection service, whichever is less.
"WASTE STORAGE CONTAINER." A proper and suitable receptacle used for the temporary storage of solid waste, infectious or hazardous wastes while awaiting collection or proper disposal.
"VECTOR." Any animal, insect, substance or any other solid waste object of transfer capable of harboring and/or transmitting micro-organisms and/or insects or disease from one animal to another or to a human.
(Ord. 6549, passed 8-25-08)