For the purpose of Chapter 51 of the Louisville Metro Code of Ordinances, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANNOUNCEMENT-BASED LARGE ITEM COLLECTION SYSTEM. A collection system for bulky waste. The system has a Department defined number of announced set out dates for eligible residents within the Urban Services District as published by the Department through Louisville Metro's website.
APPOINTMENT-BASED LARGE ITEM COLLECTION SYSTEM. A collection system for bulky waste. The system requires eligible residents within the Urban Services District to contact Metro for a collection date. The number of times per year a resident can utilize the appointment system and the process for scheduling an appointment-based collection is published by the Department through Louisville Metro's website.
BOARD
or
BOARD OF DIRECTORS.
The governing body of the Louisville/Jefferson County Waste Management District.
BOARD OF HEALTH.
As defined in KRS Chapter 212.
BULK CONTAINERS.
Solid waste containers one cubic yard or larger which are made of metal or other materials of proven durability and rigidity with functioning doors or covers; are capable of being transported intact as a unit; are capable of unloading by mechanical equipment without spillage, and meet tip-resistant requirements when empty and with the doors or covers in the most adverse position to effect tipping.
BULK WOODY WASTE.
Tree limbs, branches, trunks, stumps, shrubbery and brush accumulated by tree trimming services; by land clearing or commercial landscaping operations; or by public agencies as a result of storm damage or special collections.
BULKY WASTE. Large items of refuse, such as appliances, furniture, and other oversize wastes that do not fit into reusable or disposable containers.
CABINET.
The Kentucky Natural Resources and Environmental Protection Cabinet or any such successor agency.
CENTRAL BUSINESS DISTRICT.
All streets included within that section of the county bounded on the north by the Ohio River, on the east by the east line of Hancock Street, on the south by the south line of Broadway, and on the west by the west line of Fifteenth Street.
COLLECTION.
The act of collecting solid wastes at the place of generation by a licensed waste hauler (public or private) and is distinguished from
REMOVAL
.
COMMERCIAL SOLID WASTE.
All types of solid waste generated by stores, offices, restaurants, apartments, hotels, motels, warehouses and other service and nonmanufacturing activities, excluding household and industrial solid waste.
COMPOSTING FACILITIES.
Any site or facility where organic solid waste is biologically decomposed under controlled aerobic conditions which stabilize the organic fraction into a material which can easily and safely be stored, handled, and used in an environmentally acceptable manner. This does not include compost bins used on residential property for composting of yard waste generated at the residence.
CONSTRUCTION
and
DEMOLITION WASTE.
The remains of the construction, remodeling, repairs and demolition operations on houses, commercial buildings, pavements and other structures.
CONSTRUCTION/DEMOLITION DEBRIS FACILITY.
A solid waste site or facility for the processing by grinding, crushing, sorting, separating and recovering of construction/demolition debris for reuse or recycling.
CONSTRUCTION/DEMOLITION DEBRIS WASTE.
Waste resulting from the construction, remodeling, repair and demolition of structures and roads.
COUNCIL.
The legislative council of Metro Government.
COUNTY.
Jefferson County, Kentucky.
DEPARTMENT.
The Metro Solid Waste Management Department.
DEPARTMENT OF HEALTH.
The Louisville/Jefferson County Metro Department of Health or any successor agency.
DIRECTOR.
The Director of the Metro Solid Waste Management Department and the Louisville/Jefferson County Waste Management District, or an authorized representative.
DIRECTOR OF HEALTH.
The Director of the Louisville/Jefferson County Metro Department of Health or an authorized representative.
DISCARDED.
Material that is abandoned and not used for fuel or recycling purposes.
DISPOSAL.
The discharge, deposit, dumping, or placing of any solid waste into or onto any solid waste management facility or incinerator.
DUMPING.
Violations of this chapter involving improper disposal of waste in an amount greater than the capacity of a standard 20-gallon container.
GARBAGE. All household solid waste other than yard waste, recycling, and bulky waste.
GENERAL SERVICES DISTRICT.
The area of the county, which lies outside the boundaries of the Urban Services District.
GROSS RECEIPTS.
The total amount of money or value or other consideration received or generated by engaging in the business or businesses defined in this chapter before any deductions related to the cost of doing business.
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.
HOUSEHOLD SOLID WASTE.
That waste usually associated with residential households including garbage and trash generated by single- and multiple-family residences, hotels, motels, bunkhouses, ranger stations, crew quarters, and recreational areas such as picnic areas, parks and campgrounds.
INDUSTRIAL SOLID WASTE.
Solid waste generated by manufacturing or industrial processes that is not a hazardous waste or a special waste as designated by KRS 224.50-760, including, but not limited to, waste resulting from the following manufacturing processes: electric power generation, fertilizer or agricultural chemicals, food and related products or by-products, inorganic chemicals, iron and steel manufacturing, leather and leather products, nonferrous metals manufacturing/foundries, organic chemicals, plastics and resins manufacturing, pulp and paper industry products, rubber and miscellaneous plastic products, stone, glass, clay and concrete products, textile manufacturing, transportation equipment, and water treatment.
IPL.
The Louisville/Jefferson County Metro Government Department of Inspections, Permits and Licenses.
LANDFILL.
A solid waste management facility, the primary purpose of which is the disposal of solid waste via incorporation into or onto the ground.
LITTERING.
Violations of this chapter involving improper disposal of waste in an amount less than or equal to the capacity of a standard 20-gallon container.
LONG-TERM CONTRACT.
A contract of sufficient duration to assure the viability of a resource recovery facility to the extent that such viability depends upon solid waste supply.
LOUISVILLE/JEFFERSON COUNTY WASTE MANAGEMENT DISTRICT BOARD ("BOARD").
The governing body of the Louisville/Jefferson County Waste Management District.
MEDICAL WASTE.
Those wastes which may cause disease or reasonably be suspected of harboring pathogenic organisms; included are wastes resulting from the operation of medical clinics, hospitals, and other facilities producing wastes which may consist of, but are not limited to, diseased human and animal parts, contaminated bandages, pathological specimens, hypodermic needles, contaminated clothing and surgical gloves.
METRO GOVERNMENT.
The Louisville/Jefferson County Metro Government.
MULTI-FAMILY RESIDENTIAL PROPERTY.
Residential buildings with nine or more dwelling units.
MUNICIPAL SOLID WASTE.
Household solid waste and commercial solid waste.
NUISANCE.
A thing, act, occupation or use of property which causes an annoyance, hazard or injury, or the unlawful obstruction of a street, road, alley or other public or private property, including, but not limited to, permitting or causing the presence, or accumulation of waste, rubbish, junk, trash or non-operable appliances or equipment.
OCCUPANT.
Every owner, tenant, or person having the care or control of any premises within the county.
OFF-SITE WASTE MANAGEMENT FACILITY.
Any site or facility whose principal purpose is the treatment, storage or disposal of solid waste, or a combination of these activities but shall not include those treatment, storage or disposal activities which occur incidental to or which are not otherwise distinguishable from a broader manufacturing operation at the site of the operation.
ORDINARY COMMERCIAL SOLID WASTE.
The general and usual waste that accumulates in or on the land appurtenant to any retail or commercial enterprise.
PERSON.
Any and all persons, natural or artificial, including any individual, firm, or association, any municipal or quasi-municipal corporation or private corporation, any county and any other governmental agency and political subdivision of the Commonwealth or any subdivision or instrumentality of the United States of America.
PROCESSING.
The reduction, separation, resource recovery, conversion, or recycling of solid waste.
PUTRESCIBLE WASTE.
Solid waste containing organic matter capable of being decomposed by micro-organisms with sufficient rapidity as to cause nuisances because of odors, gases, or other offensive conditions and includes but is not limited to materials such as food waste, offal and dead animals.
RECYCLING.
Any process by which materials which would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products, including refuse-derived fuel when processed in accordance with administrative regulations established by the Kentucky Natural Resources and Environmental Protection Cabinet, but does not include the incineration or combustion of materials for the recovery of energy.
RECYCLING FACILITY.
Any facility at which materials which would otherwise become solid waste are collected, separated or processed and reused or returned to use in the form of raw materials or products, including refuse-derived fuel when processed in accordance with administrative regulations established by the Natural Resources Environmental Protection Cabinet, but does not include the incineration or combustion of materials for recovery of energy.
REMOVAL.
The act of taking solid waste from the place of generation by contract through a licensed waste hauler or by a person in control of the premises.
RESOURCE RECOVERY.
Any reclamation of material or energy from waste.
SLUDGE.
The accumulated semi-liquid suspension of settled solids deposited from wastewaters or other fluids in tanks or basins. It does not include solids or dissolved material in domestic sewage or other significant pollutants in water resources.
SOLID WASTE.
Any garbage, refuse, sludge and other discarded materials, including solid, liquid, semi-solid or contained gaseous material resulting from industrial, commercial, mining, agricultural operations and from community activities, but does not include those materials including sand, soil, rock, or gravel extracted as part of a public road project.
SOLID WASTE MANAGEMENT
or
WASTE MANAGEMENT.
The administration and/or regulation of solid waste activities; collection, source separation, storage, transportation, transfer, processing, treatment and disposal, which shall be in accordance with a Cabinet approved county solid waste management plan.
SOLID WASTE MANAGEMENT AREA
or
AREAS.
Any county designated by the Cabinet by approval of the local or regional waste management plan.
SOLID WASTE MANAGEMENT FACILITY.
Any facility for the collection, storage, processing, treatment, or disposal of solid waste, excluding:
(1) 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;
(2) A solid waste management facility which collects, stores, processes, treats or disposes of wastes located on the property where such waste is generated;
(3) A recovered material processing facility which is subject to regulation pursuant to the chapter for control of environmental impacts and to prevent any public nuisance; and
(4) A recycling facility.
SOLID WASTE TRANSFER STATION.
Any site or facility for transferring solid waste at a point intermediate between the point of collection and the point of ultimate disposal. Such facilities may include but are not limited to, direct dump stations, where the collection vehicle dumps directly into the long haul unit or into a compacting device; storage-type stations, where the solid waste is dumped into temporary storage or on a platform and then re-handled or removed to a transfer vehicle; and any other intermediate points including water-side or rail-side facilities. Any transportation related facility including loading docks, parking areas, and other similar areas where shipments of solid waste are held or transferred during the normal course of transportation.
SOLID WASTE TRANSPORTATION VEHICLE.
Any truck, automobile, tractor, or other self-propelled vehicle not operated or driven on fixed rails or track used in the transportation of solid waste, but does not include a vehicle used to transport solid waste from a residence if the vehicle is owned or leased by an individual who lives in the residence, and does not include a vehicle used to transport solid waste within the boundaries of real property owned or leased by the generator of the solid waste.
TRANSFER FACILITY.
Any transportation related facility including loading docks, parking areas, and other similar areas where shipments of solid waste are held or transferred during the normal course of transportation.
UNIVERSAL COLLECTION.
A municipal solid waste collection system established by ordinance and approved by the Kentucky Natural Resources and Environmental Protection Cabinet that requires access for each household or solid waste generator in the county.
UNPROCESSED, COMPOSTABLE WASTE.
Any herbaceous materials as defined in Solid Waste Regulations 10.1(a) and 10.1(aa); vegetable food scraps; manure; straw; and biosolids, or a mixture thereof that are received at a compost facility and that have not been ground, chipped, or shredded.
URBAN SERVICES DISTRICT.
That area described in KRS 67C.147 as the area formerly comprising the city of the first class, or as such area may be amended according to state law.
VARIABLE SERVICE RATE.
A collection service pricing structure that allows customers to choose the frequency of collection and/or the number of containers that may be placed out for collection.
VECTOR.
An animal or insect that is capable of transmitting a causative organism of disease from infected to non-infected individuals.
VEHICLE.
Any truck, automobile, tractor, or other self-propelled vehicle not operated or driven on fixed rails or track and used in the transportation of solid waste, but does not include a vehicle used to transport solid waste from a residence if the vehicle is owned or leased by an individual who lives in the residence, and does not include a vehicle used to transport solid waste within the boundaries of real property owned or leased by the generator of the solid waste.
WASTE DISPOSAL FACILITY.
Any type of waste site or facility where the final disposition of any amount of municipal solid waste occurs, whether or not mixed with or including other waste allowed under subtitle D of the Federal Resource Conservation and Recovery Act of 1976, as amended and includes, but is not limited to, incinerators and waste-to-energy facilities that burn municipal solid waste, and contained in residential landfills. A
WASTE DISPOSAL FACILITY
does not include a facility which is operated exclusively by a solid waste generator on property owned by the solid waste generator which accepts only industrial solid waste from the solid waste generator or industrial solid waste generated at another facility owned and operated by the generator or wholly-owned subsidiary, or a medical waste incinerator which is owned, operated and located on the property of a hospital or university which is regulated by the Natural Resources and Environmental Protection Cabinet and used for the purpose of treatment, prior to landfill, of medical waste received from the generator exclusively or in combination with medical waste generated by professionals or facilities licensed or regulated or operated by the Commonwealth.
WASTE HAULER.
Any person, corporation, municipal corporation, or any other entity engaged in the business of, or offering services for, the hauling, collection or transfer of solid waste within the geographic boundaries of the county.
WASTE MANAGEMENT DISTRICT
or
DISTRICT.
The county-wide district created by the provisions of this chapter enacted under the provisions of KRS 109.041(13), KRS 109.115 and KRS 67.083(3) and operating in conformance with KRS Chapter 109 and Section 4006 of the Resource Conservation and Recovery Act of 1976 as amended (P.L. 94-580).
YARD WASTE.
Leaves, grass and any other herbaceous or woody materials generated at residential occupancies; those ground, chipped, or shredded materials of herbaceous or woody nature accumulated in bulk by in-house commercial or institutional grounds maintenance crews or by contractors engaged in the business of residential or commercial grounds maintenance, tree trimming, leaf clearing, etc.; and any other accumulations of herbaceous materials, including Christmas trees.
(1994 Jeff. Code, § 51.01) (Jeff. Ord. 1-1991, adopted and effective 1-29-1991; Jeff. Am. Ord. 9-1991, adopted and effective 4-9-1991; Jeff. Am. Ord. 3-1996, adopted and effective 1-23-1996; Jeff. Am. Ord. 39-2002, adopted and effective 12-10-2002; Lou. Metro Am. Ord. No. 44-2005, approved 4-19-2005; Lou. Metro Am. Ord. No. 91-2020, approved 8-10-2020)