For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADJACENT PROPERTY OWNERS. Owners of land abutting the waste facility site.
AIR. Atmosphere or space lying above and around the waste site which may be affected by the presence of the waste facility.
APPLICANT. Any individual, trust, firm, organization, company, corporation, association and the like, that applies for a waste permit.
BOARD. The County Board of Health.
CONSTRUCTION.
(1) The erection or building of new structures or the acquisition, replacement, expansion, remodeling or alteration of any existing structures; and
(2) The acquisition and installation of equipment required or necessary for the proper utilization and operation of the waste facility.
CONSULTANT or CONSULTANTS. An individual or individuals with knowledge that qualifies them to be able to offer competent advice or opinions regarding the particular subject under consideration.
CONTAMINATION. To damage or ruin by contact or transmission by a causative agent or the degradation of naturally occurring water, air or soil quality either directly or indirectly as a result of the waste facility.
COUNTY. Marshall County, Indiana.
DISPOSAL. The discharge, deposit, injection, dumping, spilling, leaking or placing of any waste or hazardous material into or on any land, water or atmosphere.
ENVIRONMENTAL PROTECTION MEASURES. Plans, actions and measures to ensure contamination does not occur to the surrounding soil, air and water.
ENVIRONMENTALLY SIGNIFICANT LANDS. Any land and property having been so identified by the state or federal government.
ESCROW ACCOUNT. An account of funds in lieu of liability insurance or other security.
ESCROW AGENT. The County Auditor.
FACILITY OPERATOR. The person who is responsible for the overall operation of the facility.
GENERATE or GENERATOR. Any person whose act or process produces hazardous waste identified or listed under Subpart A of the Resource Conservation and Recovery Act (RCRA), being 42 U.S.C. §§ 6901 et seq., depending on whether they meet the criteria specified in § 25029 of Subpart B.
GROUNDWATER. Water in the saturated zone beneath the land surface.
HANDLE or HANDLER. Any person who generates, stores, treats, transports, disposes or otherwise manages solid or hazardous waste.
HAZARDOUS WASTE. Solid waste, or a combination of solid wastes, which because of its quantity, concentration or physical, chemical 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 hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise managed.
INSPECTOR. Any person authorized by the Board to conduct inspections in ensuring compliance with this chapter.
LOCAL GOVERNMENT. Any government agency located or operating in the county.
MONITORING AND MONITORING SYSTEM. Practices, procedures and equipment used to systematically inspect and collect data on operational parameters of the facility or on the quality of the air, groundwater, surface water or soils.
OPERATION. All activities involved in the process of storing, treating or disposing of waste material.
OWNER. The person who owns the land on which the facility is located and other property and equipment necessary for the overall operation of the facility.
PERMITTED FACILITY. Any waste facility that has obtained all required permits from the Board.
PERSON. Any individual, trust, firm, joint stock company, corporation, partnership, association, state, municipality, commission, political subdivision of a state, or any interstate body.
POST-CLOSURE CARE. The monitoring and facility maintenance activities conducted after closure.
SAFETY ACTIVITIES. Activities to ensure the safety and protection of the health and well-being of the citizens of the county and surrounding environment.
SITE CLOSURE. The act of securing a facility in compliance with all federal, state and county requirements which no longer accepts waste for treatment, storage or disposal.
SITE PREPARATION. Any activity in preparing the physical site of the facility for receiving waste.
SPECIAL WASTE. Industrial waste as defined in the state statutes, which are point sources subject to permits under § 402 of the Clean Water Act, being 33 U.S.C. §§ 1251 et seq.
SPILLS. Any accidental or unplanned discharge of waste onto or into the land, air, water or environment.
STORAGE. The containment of waste on a temporary basis in such a manner as not to constitute disposal or permanent placement.
STRUCTURES. Something constructed or built by human.
SURFACE WATER. Water originating above the surface of the land and generally remaining in or above the upper portion of the soil.
SUSPECT WASTE. Waste which is surmised or suspected to contain materials which are in violation of this chapter.
TECHNOLOGY OF WASTE DISPOSAL. Knowledge, procedures and practices used in waste disposals.
TOXIC CHEMICAL. Any chemical so identified by any agency of federal, state or county government.
TRANSFER. Movement of waste from one’s property to another’s or from one site to another within the county.
TRANSPORTER. Any person engaged in the transportation of waste by air, rail, highway or water.
TREAT. Waste that has been processed so as to change the physical, chemical or biological character so as to neutralize such waste and render it less harmful.
TREATMENT. Any method, technique or process designed to change the physical, chemical or biological character so as to neutralize such waste and to render it safer for transport, amenable for recovery, storage or reduction in volume.
WASTE. Refuse, materials or substances, whether gaseous, liquid or solid, which are of no apparent value or use, and have been placed, dumped or contracted for disposal.
WASTE MANAGEMENT. The systematic administration of planning and activities which provide for the collection, source separation, storage, transportation, transfer, processing, treatment and disposal of waste.
WASTE MANAGEMENT FACILITIES. Any facility used for the systematic control of the collection, source separation, storage, transportation, processing, treatment and disposal of wastes.
WORKING FACE. The area being actively used for the disposal of waste which requires or has received only the daily cover.
(Ord. 1985-9, passed 1-6-1986)