For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGRICULTURAL USE. Operations for the production of agricultural or horticultural crops, including, but not limited to: livestock, livestock products, poultry, poultry products, grain, hay, pastures, soybeans, tobacco, timber, orchard fruits, vegetables, flowers, or ornamental plants, including provision for dwellings for persons and their families who are engaged in the above agricultural use on their tract.
AGRICULTURAL WASTE. Any non-hazardous waste resulting from the production and processing of on-the-farm agricultural products, including manures, prunings, and crop residues.
APPROVED INCINERATOR. An incinerator which complies with all current regulations of the responsible local, state, and federal air pollution control agencies.
BULKY WASTE. Non-putrescible solid wastes consisting of combustible and/or non-combustible waste materials from dwelling units, commercial, industrial, or agricultural establishments which are either too large or too heavy to be safely and conveniently loaded into solid waste transportation vehicles.
CABINET. The Energy and Environment Cabinet.
COLLECTION. Removal of household solid waste from the designated pick-up location to the transfer vehicle. Acceptable collection practices shall consist of door-to-door household collection from the collection points designated and approved by this chapter.
COMMERCIAL SOLID WASTE. All types of solid waste generated by stores, offices, restaurants, warehouse and other service and non-manufacturing activities, excluding households and industrial solid waste.
COMPOST. Solid waste which has undergone biological decomposition of organic matter, been disinfected using composting or similar technologies, been stabilized to a degree which is potentially beneficial to plant growth and which is approved for use or sale as a soil amendment, artificial topsoil, growing medium amendment or similar uses.
COMPOSTING. The process by which biological decomposition of organic solid waste is carried out under controlled aerobic conditions and which stabilizes the organic fraction into a material which can easily and safely be stored, handled, and used in an environmentally acceptable manner.
(1) Composting may include a process which creates an anaerobic zone within the composting material.
(2) Composting does not include exposure of solid waste under uncontrolled conditions resulting in natural decay.
COUNTY. McCracken County, Kentucky.
DEMOLITION AND CONSTRUCTION WASTE. Materials resulting from the construction or destruction of residential, industrial, or commercial structures.
DIRECTOR. The Director of the solid waste management program of the county shall be the Deputy County Judge/Executive.
DISPOSAL. The discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment, be emitted into the air or be discharged into any water, including groundwater.
DISPOSABLE SOLID WASTE CONTAINER. Disposable plastic or paper sacks with a capacity of ten to 35 gallons specifically designed for storage of solid waste.
DWELLING UNIT. Any room or group of rooms located within a structure and forming a single habitable unit with facilities which are used or are intended to be used for living, sleeping, cooking, and eating.
GENERATOR. Any person, by site, whose act or process produces waste.
HAZARDOUS WASTE. Any waste or combination of wastes which are determined by the Cabinet 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. Solid waste, 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 process that is not a hazardous waste or a special waste as designed by KRS 224.868, 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; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment; and water treatment.
MANDATORY COLLECTION. A municipal solid waste collection system which is established by ordinance and approved by the Cabinet and requires participation by each household or solid waste generator in a county.
MULTI-FAMILY RESIDENTIAL UNIT. A housing facility containing more than one dwelling unit under one roof.
MUNICIPAL SOLID WASTE REDUCTION. Source reduction, waste minimization, reuse, recycling, composting, and materials recovery.
OCCUPANT. Any person who, along, or jointly or severally with others, shall be in actual possession of any dwelling unit or any other improved real property, either as an owner or as a tenant.
OPEN BURNING. Burning of any matter in such manner that the combustion resulting from burning are emitted directly into the outdoor atmosphere without passing through a stack or chimney.
OPEN DUMP. Any facility on site for the disposal of solid waste which does not have a valid permit issued by the Cabinet or does not meet the environmental performance standards established under regulation promulgated by the Cabinet.
PERSON. An individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, federal agency, state agency, city, commission, political subdivision of the commonwealth, or any interstate body.
PROCESSING. Incinerating, composting, baling, shredding, salvaging, compacting, and other process whereby solid waste characteristics are modified or solid waste quantity is reduced.
PUBLIC NUISANCE. Illegal waste disposal practices that include but are not limited to open burning, open dumps, or littering which are deemed to be a nuisance under applicable law.
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 for of raw materials or products, including refuse-derived fuel when processed in accordance with administrative regulations established by the Cabinet, but does not include the incineration or combustion of materials for the recovery of energy.
RESIDENTIAL DWELLING UNIT. A building or portion thereof, providing complete housekeeping facilities for one person or one family.
SANITARY LANDFILL. A permitted facility for the disposal of solid was which complies with the “environmental performance standards” specified in 401 KAR 47:030.
SLUDGE. Any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant or any other such waste having similar characteristics and effects.
SOLID WASTE. Any garbage, refuse, sludge and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining (excluding coal mining wastes, coal mining by-products, refuse, and overburden), agricultural operations, and from community activities, but does not include those materials including, but not limited to, sand, soil, rock, gravel, or bridge debris extracted as part of a public road construction project funded wholly or in part with state funds, recovered material, special wastes as designated by KRS 224.868, solid or dissolved material in domestic sewage, manure crops, crop residue, or a combination thereof which are placed on the solid for return to the soil as fertilizers or soil conditioners, or solid or dissolved material in irrigation return flows or industrial discharges which are point sources subject to permits under Section 401 of the Federal Waste Pollution Control Act, as amended, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended.
SOLID WASTE DISPOSAL FACILITY (AUTHORIZED).
(1) The facility authorized expressly by this chapter to be the facility at which generators of solid waste may properly dispose of such waste in the following circumstances:
(a) The generator is disposing of household solid waste and does not have a contractual agreement with an independent solid waste collection contractor; or
(b) The generator has a contractual agreement with an independent solid waste collection contractor but is disposing of solid waste that does not qualify as household solid waste under the provisions of this chapter.
(2) The county authorized solid waste disposal facility is the following:
Jones Sanitation Holdings, LLC.
Freedom Waste Services
400 State Street
Paducah, Kentucky 42003
270-557-7342
SOLID WASTE DISPOSAL FACILITY (ADDITIONAL). In addition to the authorized solid waste disposal facility referenced above, generators may also properly dispose of such waste at the following facility and under the same circumstances as those referenced above:
Republic Services, Inc.
829 Burnett Street
Paducah, Kentucky 42001
270-575-3805
SOLID WASTE MANAGEMENT. The administration of solid waste activities such as: collection, storage, transportation, transfer, processing, treatment and disposal, which shall be in accordance with a Cabinet approved county solid waste management plan.
SOLID WASTE MANAGEMENT FACILITY. Any facility for collection, storage, transportation, transfer, processing, treatment, or disposal of solid waste, whether such facility is associated with facilities generating such wastes or otherwise, but does not include 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, or a recovered material processing facility which is subject to regulation pursuant to Senate Bill 2 for control of environmental impacts and to prevent any public nuisance.
SOLID WASTE MANAGEMENT PLAN. The document submitted by waste management districts, counties, or any combination thereof and approved by the Cabinet.
SOLID WASTE SITE OR FACILITY. Any place at which solid waste is managed, stored, treated, processed, or disposed.
SOLID WASTE STORAGE/CONTAINER. Receptacle used by any person to store solid waste during the interval between solid waste generation and collection. A solid waste container is made out of plastic, vinyl, or metal, ranging in size from ten gallons to 42 cubic yards in size.
STORAGE. The containment of wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such wastes.
TRANSFER. The placement of solid waste from smaller collection vehicles into larger vehicles for transportation to intermediate or final disposal facilities.
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.
TRANSPORTATION. Any off-site movement of waste by any mode, any loading, unloading, or storage incidental thereto.
TREATMENT. Any method, technique, or process including neutralization, designed to change the physical, chemical, or biological character or composition of any waste so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for
storage, or reduced in volume. Such term includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it nonhazardous.
UNIVERSAL COLLECTION. A municipal solid waste collection system which is established by ordinance and approved by the Cabinet and requires access for each household or solid waste generator in a county.
WASTE MANAGEMENT DISTRICT. Any county or group of counties electing to form under the provisions of KRS Chapter 109 and operate in conformance with the provisions of the Resource Conservation and Recovery Act of 1976, as amended.
WASTE SITE OR FACILITY. Any place where waste is managed, processed, or disposed of by incineration, landfilling, or any other method, but does not include 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, or a recovered material processing facility or the combustion of processed waste in a utility boiler.
YARD WASTE. Grass clippings, leaves, tree limbs less than four inches in diameter, tree and vegetation trimmings.
YARD WASTE DISPOSAL FACILITY. All yard waste, as defined herein, shall be disposed of at the following facility and pursuant to the rules, policies, and procedures applicable thereto:
City of Paducah, Kentucky
Compost Facility
1560 North 8th Street
Paducah, Kentucky 42001
(Ord. 2017-06, passed 9-11-2017)