As used in this chapter, the singular includes the plural, and vice versa, and the masculine includes the feminine, and vice versa. Definitions not included in this section shall assume the meanings included in Part I, 9 VAC 20-80, 9 VAC 20-101, and 9 VAC 20-130.
The following words and terms, when used in this chapter, shall have the following meanings:
(1) “Approved facility” means a location that is permitted in accordance with Chapter 1080 of these Codified Ordinances to receive solid waste or recyclable material for storage, disposal, transfer, processing, treatment, recycling, or composting. An approved facility includes, but is not limited to, permitted transfer stations, materials recovery facilities, sanitary landfills, yard waste composting facilities, and vegetative waste management facilities.
(2) “Board” means the Loudoun County Board of Supervisors.
(3) “Collection services” means the collection, removal, transportation, or disposal of solid waste for compensation.
(4) “Collection vehicle” means any vehicle or portion thereof used to collect, remove, transport, or dispose of solid waste or recyclable material and includes any container or other appurtenance attached to, or associated with the vehicle, whether such container or appurtenance is affixed temporarily or permanently.
(5) “Collector” means any person engaged in collecting, removing, transporting, or disposing of solid waste or recyclable material for compensation from two or more residential, commercial or industrial establishments in the County.
(6) “Commercial waste” means all solid waste generated by establishments engaged in business operations other than manufacturing or construction. Commercial waste includes, but is not limited to, solid waste resulting from the operation of stores, markets, office buildings, restaurants, and shopping centers.
(7) “Compensation” means any type of consideration paid for the collection, transportation, and/or disposal of solid waste, including, but not limited to, direct or indirect compensation.
(8) “Compliance schedule” means a time schedule for corrective actions to be taken by a person that will ultimately result in such person conforming to the provisions of this chapter.
(9) “Construction waste” means solid waste which is produced or generated during the construction, remodeling, or repair of pavements, houses, commercial buildings, and other structures. Construction waste includes, but is not limited to, lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, paving materials, and metal and plastic if they are part of the construction material or empty containers for such materials. Paints, coatings, solvents, asbestos-containing material, any liquid, compressed gases, or semi- liquids and garbage are not construction wastes.
(10) “Contamination” means the degradation above background of naturally occurring water, air or soil quality, either directly or indirectly, as a result of human activity.
(11) “County regulatory agency” means any and all of the following County Departments: Solid Waste Management, Public Health, and Building and Development.
(12) “Customer” means any person that provides compensation to a collector for collection services or recycling services.
(13) “Debris waste” means solid waste resulting from land clearing operations. Debris waste includes, but is not limited to, stumps, wood, brush, leaves, soil, and road spoils.
(14) “Demolition waste” means solid waste produced by destruction of structures and their foundations and includes the same materials as construction wastes.
(15) “Department of Environmental Quality” or “DEQ” means the Virginia Department of Environmental Quality.
(16) “Director of the Office of Solid Waste Management” or “Director” means the Director of the Office of Solid Waste Management of Loudoun County, or his or her authorized agent, responsible for the administration and enforcement of this chapter.
(17) “Disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or throwing or placing of any solid waste into or on any land or water so that such solid waste or any constituent thereof may enter the environment, be emitted into the air or be discharged into any waters.
(18) “Garbage” means readily putrescible discarded materials composed of animal, vegetable, or other organic matter.
(19) “Household” means attached and detached single and multiple residences, including but not limited to, houses, apartment buildings, condominiums, townhouses, mobile homes, bunkhouses, and crew quarters.
(20) “Household waste” means any waste material, including garbage, trash, and refuse, derived from households.
(21) “Industrial waste” means any solid waste generated by manufacturing or industrial process that is not a regulated hazardous waste. Industrial waste may include, but is not limited to, waste resulting from the following manufacturing processes: electrical power generation; fertilizer/agricultural chemicals; food and related products/byproducts; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment; and water treatment. This term does not include mining waste or oil and gas waste.
(22) “Inert waste” means solid waste which is physically, chemically and biologically stable from further degradation and considered to be nonreactive. Inert waste includes rubble, concrete, broken bricks, bricks and blocks. The term “inert waste” does not mean construction waste or demolition waste.
(23) “Institutional waste” means all solid waste emanating from institutions such as, but not limited to, hospitals, nursing homes, orphanages, and public or private schools.
(24) “Landfill” means a solid waste facility which uses burial as the primary means of disposal and includes sanitary landfills, industrial waste landfills, or construction/demolition/debris landfills.
(25) “Landscape maintenance” means the care of lawns, shrubbery and vines, and includes the pruning of trees.
(26) “Litter” means any solid waste that is discarded or scattered about outside of a lawful container or collection vehicle.
(27) “Major collector” means a collector that operates four or more collection vehicles and/or collects more than 2,000 tons of solid waste per year. “Minor collectors” under contract or subcontract to a “major collector” shall be considered a “major collector” in accordance with this chapter and Chapter 1086 of these Codified Ordinances.
(28) “Materials recovery facility” or “MRF” means a solid waste facility which collects mixed solid wastes and manually or mechanically separates recyclable materials to be marketed and disposes of all non-recyclable wastes to a permitted facility, or a solid waste management facility for the collection, recovery and processing of materials, such as metals, paper, or glass, from solid waste for the production of a fuel from solid waste.
(29) “Minor collector” means a collector that operates three or fewer collection vehicles and collects 2,000 tons or less of solid waste per year. A minor collector shall not mean a collector that is a subsidiary of a major collector or has a parent company or owner that is a major collector or is a major collector doing business under another name. “Minor collectors” under contract or subcontract to a “major collector” shall be considered a “major collector” in accordance with this chapter and Chapter 1086 of these Codified Ordinances.
(30) “Mulch” means woody waste consisting of stumps, trees, limbs, branches, bark, leaves, and other clean wood waste which has undergone size reduction by grinding, shredding, or chipping.
(31) “Municipal solid waste” means that waste which is normally composed of residential, commercial, and institutional solid waste.
(32) “Nuisance” means an activity which unreasonably interferes with an individual's or the public's comfort, convenience or enjoyment such that it interferes with the rights of others by causing damage, annoyance or inconvenience, and as defined in Section 648.03(g) of these Codified Ordinances.
(33) “Office of Solid Waste Management” or “OSWM” means the Office of Solid Waste Management of Loudoun County.
(34) “Permit” means the official document signed by the Director which allows the operation of a collection vehicle(s) in Loudoun County for purposes of providing collection services or recycling services.
(35) “Person” means and includes an individual, business, corporation, association, firm, partnership, joint stock company, county, city, town, governmental body, or any other legal entity.
(36) “Pollute” means the release of any substance which causes or contributes to, or may cause or contribute to, environmental degradation when discharged into the environment.
(37) “Principal recyclable materials” means paper, metal (except automobile bodies), plastic, glass, yard waste, wood, and textiles. Principal recyclable materials do not include large diameter tree stumps (tree stumps larger than six inches in diameter).
(38) “Prohibited waste” means any waste that is radioactive, hazardous, infectious, pathological, or classified as a special waste by the Code of Virginia.
(39) “Putrescible waste” means solid waste which contains organic material capable of being decomposed by micro-organisms and causes odors.
(40) “Reclaimed material” means a material which is processed or reprocessed to recover a usable product or is regenerated to a usable form.
(41) “Recyclable material” means any material separated from the waste stream for utilization as a raw material in the manufacture of a new product. The term “recyclable material” includes both source separated material and mechanically separated material.
(42) “Recycled material” means a material that is derived from recycling.
(43) “Recycling” means the process of separating a given waste material from the waste stream and processing it so that it may be used again as a raw material for a product, which may or may not be similar to the original product. For the purposes of this chapter, recycling does not include processes that only involve size reduction.
(44) “Recycling drop-off center” means a lawful collection site for the acceptance by donation, redemption, or purchase of recyclable material from the public. Such a facility does not use power-driven processing equipment.
(45) “Recycling facility” means a facility which collects, processes, repackages, and markets previously separated recyclable material. The term “recycling facility” does not include solid waste transfer stations, materials recovery facilities, sanitary landfills, yard waste composting facilities, or vegetative waste management facilities.
(46) “Recycling services” means the collection of source-separated recyclable material and ensuring the delivery of the recyclable material to a recycling facility or other lawful facility for its ultimate disposition as a recycled material.
(47) “Refuse” means all solid waste products having the character of solids rather than liquids and which are composed wholly or partially of materials such as garbage, trash, rubbish, litter, residues from clean up of spills or contamination, or other discarded materials.
(48) “Residential waste” means any waste material, including garbage, trash, and refuse, derived from households. Households include single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day- use recreation areas.
(49) “Resource recovery” means the recovery of material or energy from solid waste.
(50) “Rubbish” means combustible or slowly putrescible discarded materials which include, but are not limited to trees, wood, leaves, trimmings from shrubs or trees, printed matter, plastic and paper products, grass, rags, and other combustible or slowly putrescible materials not included under the term “garbage.”
(51) “Sanitary landfill” means an engineered land burial facility for the disposal of solid waste which is so located, designed, constructed and operated as to contain and isolate the solid waste so that it does not pose a substantial present or potential hazard to human health or the environment.
(52) “Scrap metal” means bits and pieces of metal parts such as bars, rods, wire, or metal pieces that may be combined together with bolts or soldering which are discarded materials and can be recycled.
(53) “Site” means all land and structures, other appurtenances and improvements thereon used for treating, storing, and disposing of solid waste. “Site” includes adjacent land within the facility boundary used for the utility systems, such as repair, storage, shipping, or processing areas, or other areas incident to the management of solid waste. Further, “site” includes all sites, whether they are planned and managed facilities or open dumps.
(54) “Solid waste” means any garbage, refuse, sludge, or other discarded material, including solid, liquid, semisolid, or contained gaseous material, resulting from household disposal, commercial and industrial operations, agricultural operations, or community activities. “Solid waste” does not include solid or dissolved materials in domestic sewage, solid or dissolved materials in irrigation return flows, industrial discharges or special nuclear or by-product materials.
(55) “Solid waste management facility” or “SWMF” means a site used for the planned treating, recycling, storing and disposing of solid waste. A facility may consist of several treatment, storage or disposal units. Further, “solid waste management facility” or “SWMF” means a facility so located, designed and operated that it does not impose a present or potential hazard to human health or the environment, including the pollution of air, land, surface water or ground water.
(56) “Source-separated” means materials separated from the waste stream, by the waste generator, specifically for use, reuse, or recycling.
(57) “Transfer station” means any intermediate solid waste storage or collection facility at which solid waste is transferred from collection vehicles to haulage vehicles for transportation to a central solid waste management facility for disposal, incineration, or resource recovery.
(58) “Unpermitted collector” means a collector as defined herein operating in Loudoun County without a permit issued by the Director.
(59) “Vegetative waste” means decomposable materials generated by yard and lawn care or land clearing activities and includes, but is not limited to, leaves, grass trimmings, woody wastes such as shrub and tree prunings, bark, limbs, roots, stumps, and mulch.
(60) “Vegetative waste management facility” means a solid waste facility that collects, processes, and manages vegetative waste.
(61) “Yard waste” means decomposable waste materials generated by yard and lawn care and includes leaves, grass trimmings, brush, wood chips, and shrub and tree trimmings. Yard waste shall not include roots or stumps that exceed six inches in diameter. (Note: Yard waste is also vegetative waste; however, the terms are not interchangeable because vegetative waste may include waste that is not yard waste.)
(62) “Yard waste composting facility” means an engineered facility for composting of yard waste which is so located, designed, constructed and operated to isolate, process and manage the yard waste and yard waste compost so that it does not pose a present or potential hazard to human health or the environment.
(Ord. 02-09. Passed 5-20-02.)