The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning:
ACCEPTABLE WASTE. All solid waste generated and collected in the county except that acceptable waste shall not include non-processible waste and unacceptable waste.
CITY. The City of La Crescent, Minnesota.
COLLECTION. The aggregation of solid waste from the place at which it is generated and includes all activities up to the time when the solid waste is delivered to a solid waste management facility.
COUNCIL. The La Crescent City Council.
COUNTY. Houston County, Minnesota.
GENERATOR. Any person who generates or aggregates solid waste.
HAULER. Any person who collects or transports solid waste, recyclable materials or yard waste, but does not include a self-hauler.
HAZARDOUS WASTE. Any refuse, sludge, or other waste material or combination of refuse, sludge or other waste materials in solid, semisolid, liquid, or contained gaseous form which because of its quantity, concentration, or chemical, physical, 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 harm to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. Categories of hazardous waste materials include, but are not limited to: explosives, flammables, oxidizers, poisons, irritants, and corrosives. Hazardous waste does not include source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended.
LA CROSSE FACILITY. The refuse-derived fuel facility owned and operated by Xcel Energy in La Crosse, Wisconsin, and the landfill owned and operated by La Crosse County when the Xcel refuse-derived fuel facility is unavailable.
MIXED MUNICIPAL SOLID WASTE.
(1) Garbage, refuse, construction and demolition debris and other solid waste that the generator of the waste aggregates for collection, except as provided in division (2).
(2) MIXED MUNICIPAL SOLID WASTE does not include: auto hulks, street sweeping, ash, mining waste, sludges, tree and agricultural wastes, waste tires, lead acid batteries, motor and vehicle fluids and filters, and other materials collected, processed, and disposed of as separate waste streams.
MIXED MUNICIPAL SOLID WASTE SERVICES. The collection, transportation, processing, or disposal of mixed municipal solid waste generated in the city, including but not limited to regularly scheduled service, on-call service, one-time service, rental and other use of equipment such as solid waste containers, compactors, compactor boxes, and the like, and any other service that involves or facilitates collection, transportation, processing, or disposal of solid waste materials as mixed municipal solid waste. It does not include the sale of equipment used for the collection, transportation, processing, or disposal of mixed municipal solid waste. It does not include collection, transportation, or management of recyclable materials, yard waste, source separated compostable materials, problem materials, or other waste materials when these materials are segregated by the generator for the purpose of recycling or composting and are delivered to a recycling facility or compost facility, or the sale, rental, or other use of equipment necessary to facilitate collection, transportation, or management of these materials.
MULTIPLE DWELLING. Any building used for residential purposes consisting of more than four dwelling units with individual kitchen facilities for each.
NON-PROCESSIBLE WASTE. Solid waste generated and collected in Houston County that cannot be processed by the La Crosse Facility due to its physical characteristics or harmful impact on the La Crosse Facility, including: steel banding; baling wire; tree trunks or logs or other bulky waste greater than six inches in diameter, or four feet in length, or weighing over 100 pounds; propane tanks of any size; aerosol cans in quantity; pressurized tanks; fencing materials; plastics in significant quantity; major parts of motor vehicles, trailers, agricultural equipment, marine vessels or similar items; farm or other large machinery; asbestos or asbestos containing materials; contaminated soil; construction and demolition debris; and waste, except paper products, from the following establishments: service stations, auto paint shops, chemical plants, plastic processing plants and textile plants.
NONRESIDENTIAL PROPERTY. All property not defined as residential property.
RECYCLABLE MATERIALS. Paper, plastic, tin cans, aluminum, motor oil, glass, and other materials as determined by Houston County, each separated or otherwise prepared, which are intended for manufacturing reuse and recycling.
RESIDENTIAL MIXED MUNICIPAL SOLID WASTE BAGS. Residential mixed municipal solid waste collection bags sold by retailers licensed under §§ 50.55 et seq.
RESIDENTIAL PROPERTY. Property on which there is a single family home, a duplex, a triplex, a four-plex, an apartment building, a mobile home, a condominium, a townhouse, a cooperative housing unit, or any other residential building as determined by the city.
SELF-HAULER. A person who transports their own solid waste for solid waste management purposes.
SOLID WASTE. Garbage, refuse, sludge from a water supply treatment plant or air contaminant treatment facility, and other discarded waste materials and sludges, in solid, semisolid, liquid, or contained gaseous form, resulting from industrial, mining, and agricultural operations and from residential and nonresidential property, and from community activities, but does not include hazardous waste; animal waste used as fertilizer; earthen fill, boulders, rock; sewage sludge; solid or dissolved material in domestic sewage or other common pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents or discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended; dissolved materials in irrigation return flows; or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended.
SOLID WASTE MANAGEMENT. Activities that are intended to affect or control the generation of solid waste and activities which provide for or control the collection, transportation, processing, treatment, and disposal of solid waste.
SOLID WASTE MANAGEMENT PLAN. The Houston County Solid Waste Management Plan developed, adopted, and approved under M.S. § 115A.46.
TRANSPORTATION/TRANSPORTS. The conveying of solid waste from one place to another.
UNACCEPTABLE WASTE. Solid waste that is generated and collected in Houston County that may cause damage to or materially adversely affect the operation of the La Crosse Facility and/or landfill as determined by the La Crosse Facility, La Crosse County and Houston County, including, but not limited to:
(1) Cleaning fluids, crank case oils, cutting oils, paints, acids, caustics, poisons or drugs.
(2) Any hazardous waste or waste defined as hazardous in 40 CFR § 261.3 (as amended) or by the U.S. Environmental Protection Agency, or classified as toxic substance or toxic waste, or prohibited for incineration by any local, state or federal agency having jurisdiction over the facility.
(3) Radioactive waste or materials or hazardous waste regulated under 52 USC 6921-6925 and regulations adopted thereunder, or any other Federal, state or local law.
(4) "Hazardous substances" defined in 42 USC 6901 et seq. and any regulations promulgated thereunder.
(5) Wastes requiring special handling to comply with applicable local, state or Federal law, including:
(a) Pathological, biological, infectious, or explosive materials;
(b) Oil sludges;
(c) Cesspool or human waste; and
(d) Human or animal remains or waste.
(6) Waste with excess moisture and any type of waste either smoldering or on fire or at its kindling point or in the process of initiating combustion.
(7) Other materials that may be established as unacceptable from time-to-time by La Crosse County, Houston County or the La Crosse Facility.
YARD WASTE. Garden wastes, leaves, lawn cuttings, weeds, and prunings generated at residential or nonresidential properties.
(Ord. 484, passed 1-27-14)