For the purpose of this chapter only, the following terms, words, phrases, and their derivations, shall have the meanings set forth below except where the context clearly indicates a different meaning:
(a) City shall mean the City of Lorain, Ohio.
(b) City Engineer shall mean the person appointed to the position of Director of the Engineering Department or such person's authorized representative.
(c) Clean Fill shall mean any concrete, rock, gravel, sand, dirt, or clay which has not been used as an absorbent for a regulated substance. Articles that contain chrome, are petroleum based such as asphalt, are compactable or burnable materials such as but not limited to paper, wood or plastic are prohibited.
(d) Clean Soil shall mean dirt that is used for fill such as potting soil, top soil, or red, brown, and black soil that can be used for landscaping. All fill dirt needs to be clean and free from any kinds of debris and must not contain any hydrocarbons, such as oil or fuel or any other materials that may contaminate the ground.
(e) Disposal shall mean the discharging, depositing, injecting, dumping, spilling, leaking, or placing of solid waste or hazardous waste, whether containerized or uncontainerized, into or on land or water so that the solid waste or hazardous waste or any constituent thereof may be emitted into the air, discharged into surface water or groundwater, or introduced into the environment in any other manner.
(f) Easement shall mean the right of use over the property of another.
(g) Enforcement Officer shall mean any city employee authorized to enforce city codes.
(h) Environmental Protection Agency (EPA) shall mean the United States Environmental Protection Agency, the regional office thereof, any federal department, agency, or commission that may succeed to the authority of the EPA, and any duly authorized official of the EPA or such successor agency.
(i) Federal Emergency Management Agency (FEMA) shall mean the federal agency under which the NFIP (National Flood Insurance Program) is administered.
(j) Floodplain shall mean any land area susceptible to being inundated by flood waters from any source or any other area determined by FEMA in its current floodplain study.
(k) Floodway shall mean the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water-surface elevation more than a designated height. The base flood is defined as the one percent chance flood and the designated height is usually one foot above the base flood elevation, however, this height may vary (but is not more than one foot) depending on what the State has or City has adopted.
(l) Fill Material shall mean material that is used for filling such as clean soil, clay, shale, gravel or sands. Concrete pavement will be allowed if the maximum particle size is 24" in diameter, and all protruding reinforcing steel is removed from concrete.
(m) Garbage shall mean all putrescible wastes, except sewage and body wastes, including all meat, vegetable and fruit refuse, and carcasses of small dead animals.
(n) Illegal Dumping shall mean the act of illegally placing any material on any location other than the appropriate place of disposal whether the location is public or private.
(o) Junk shall mean any material that has been discarded or has no value or use.
(p) Landfill shall mean a controlled area of land on which solid waste is placed for permanent disposal and that is permitted or registered by the State of Ohio, in accordance with standards and rules set by the state.
(q) Manure shall mean animal excreta and other materials such as bedding, straw, soil, hair, feathers and other debris normally included in animal waste handling operations.
(r) National Flood Insurance Program (NFIP) shall mean the program intended to make insurance available on a nationwide basis through the cooperative efforts of the Federal Government and the private insurance industry and to encourage state and local governments to exercise sound floodplain management to reduce losses caused by flood.
(s) 100-Year Flood shall mean the flood that is equaled or exceeded once in 100 years on the average; equivalent to the one percent annual flood.
(t) ODNR shall mean the Ohio Department of Natural Resources.
(u) Private Property shall mean land that is acquired or held for special benefit or that is owned by an individual, family, estate or a corporation.
(v) Public Nuisance shall mean unlawfully doing an act or omitting to perform a duty which act or omission: (1) annoys, injures, or endangers the comfort, repose, health, or safety of others; (2) in any way renders other persons insecure in life, or in the use of property; (3) renders the ground, the water, the air, or food a hazard or an injury to human health; and in addition, (4) the specific acts, conditions, and things listed in Section 1549.04 are hereby declared to constitute public nuisances, however, such additional enumeration is not deemed to be exclusive.
(w) Public Property shall mean land that is governmental and that is used for the benefit of the general public.
(x) Refuse shall mean all solid wastes, including garbage and rubbish.
(y) Right of Way (ROW) shall mean property that has been dedicated for uses of the public such as any street, highway, road, alley, or land used for vehicular & passenger movement and / or ingress or egress.
(z) Rubbish shall mean nonputrescible solid waste that consists of (A) combustible waste materials, including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, and similar materials; and (B) noncombustible waste materials, including glass, crockery, tin cans, aluminum cans, metal furniture, and similar materials that do not burn at ordinary incinerator temperatures.
(aa) Solid Waste shall mean garbage, rubbish, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, municipal, commercial, mining, and agricultural operations and from community and institutional activities.
(bb) State shall mean the State of Ohio.
(cc) Stockpiling: In this context, it is unhealthful accumulation of a substance which causes a noxious odor, provides for infestation of flies, mosquitoes, rodents or other pests or is present in such concentrations that potential exists to cause contamination of ware of soil by leaching, lateral transport, absorption, or other movement.
(dd) Trash shall mean any household garbage including leaves, tree limbs, bottles, can, metals, construction materials, demolishing debris or any other materials that may contaminate ground water or pollute the air, but is not limited to, garbage, refuse, and rubbish. (Ord. 98-18. Passed 7-16-18.)