For purpose of this chapter, the following terms shall be deemed to have the meaning indicated below.
AGRICULTURAL OPERATION. Includes, but is not limited to, any facility for the production of crops, livestock, equine, poultry, livestock products, poultry products, horticultural products, and any generally accepted, reasonable, and prudent method for the operation of a farm to obtain a monetary profit that complies with applicable laws and administrative regulations, and is performed in a reasonable and prudent manner customary among farm operators. Agricultural practices shall include, but not be limited to, fertilizer application, the application of pesticides or herbicides that have been approved by public authority, planting, cultivating, mowing, harvesting, land clearing, and constructing farm buildings, roads, lakes and ponds associated with a farming operation.
AGRICULTURAL WASTE. Any non-hazardous waste resulting from agricultural operations.
BULKY WASTE. Non-putrescible solid wastes consisting of combustible and/or noncombustible waste materials from dwelling units, commercial, industrial, institutional, or agricultural establishments which are either too large or too heavy to be safely and conveniently loaded into solid waste transportation vehicles.
CABINET. The Natural Resources and Environmental Protection Cabinet.
CODE ENFORCEMENT BOARD. An administrative body created and acting under the authority of the Fiscal Court.
CODE ENFORCEMENT OFFICER. A safety officer, citation officer or other public law enforcement officer with authority to issue a citation.
COLLECTION. The removal of solid waste from the designated pick-up location to the transfer vehicle. Acceptable COLLECTION practices shall consist of the following: (1) door-to-door household collection; (2) direct access to a staffed convenience center or transfer facility; or (3) collection boxes.
COMMERCIAL SOLID WASTE. Solid waste resulting from operation of any commercial, industrial or institutional establishment, not to include, however, any hazardous waste.
CONVENIENCE CENTER. A self-contained facility that is staffed during operating hours for the collection and subsequent transportation of municipal solid waste.
DEMOLITION AND CONSTRUCTION WASTE. Materials resulting from the construction or destruction of residential, industrial or commercial structures.
DISPOSABLE SOLID WASTE CONTAINER. Disposable plastic or paper sacks with a capacity of ten to 55 gallons.
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 ground waters.
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.
HAZARDOUS WASTE. Any waste or combination of wastes which are determined by the Cabinet because of its quantity, concentration, physical, chemical or infectious characteristics that 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.
MULTI-FAMILY RESIDENTIAL UNIT. A housing facility containing more than one dwelling unit under one roof.
OCCUPANT. Any person alone, or jointly with others living, sleeping or having possession of any dwelling unit or any other improvement to real property, as either an owner or 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 or site for the disposal of solid waste which does not have a valid permit issued by the Cabinet and/or code enforcement officer.
PERSON. An individual, trust, firm, estate, joint stock company, corporation (including a government corporation), partnership, association, federal agency, state agency, city, commission, political subdivision of the state or any interstate body or their legal representative, agent or assigns.
PREMISES. A lot, plot or parcel of land including any structures thereon.
PROCESSING. Incinerating, composting, baling, shredding, salvaging, compacting or other processes whereby solid waste containers 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. It shall also include any condition or the use of a premises, building or structure which is or tends to render such properties as dangerous or detrimental or adverse to the health and welfare of others or which is detrimental to the property of others or which causes or tends to cause substantial diminishing of the value of other properties in the area in which such premises are located. This includes the keeping, depositing on or scattering over the premises of any of the following:
(1) Lumber, junk, trash or debris;
(2) Abandoned, discarded or unused objects or equipment such as mobile or manufactured homes, campers, automobiles, furniture, stoves, refrigerators, freezers, cans or containers;
(3) Partially dismantled, wrecked, junked, discarded or otherwise non-operating motor vehicles without current registration; or
(4) Keeping unsanitary matter on premises. It shall be unlawful for any person to keep, or permit another to keep upon any residential or commercial property septic material, unless such material is retained in containers or vessels which deny access to humans, flies, insects, rodents or animals. This section shall not apply to overflowing septic tanks and lateral lines as those items are subject to existing Health Department regulations.
(5) Any agricultural operations and silvicultural operations as defined herein shall not be deemed a PUBLIC NUISANCE.
RESIDENTIAL SOLID WASTE. Solid waste resulting from the maintenance of dwelling and multi-family dwelling units.
SANITARY LANDFILL. A permitted facility for the disposal of solid waste which complies with the “environmental performance standards” specified in 401 KAR 47:030.
SILVICULTURAL OPERATIONS. Includes timber harvest, site preparation, slash disposal including controlled burning, tree planting, pre-commercial thinning, release, fertilization, animal damage control, reasonable water resource management, insect and disease control in forest land, and any other generally accepted, reasonable and prudent practice normally employed in the management of the timber resource for monetary profit. A SILVICULTURAL OPERATION inherently includes lengthy periods between harvests and shall be deemed continuously operating so long as the property supports an actual or developing forest.
SLUDGE. Any solid waste, 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, litter, 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 byproducts, refuse and overburden), and 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, post-use polymers or recovered feedstocks as those terms are defined in KRS 244.1-020, special wastes as designated by KRS 224.50-760, solid or dissolved material in domestic sewage, manure, crops, crop residue, or a combination thereof which are placed on the soil for return to the soil as fertilizers or soil conditions, or solid or dissolved materials in irrigation return flows or industrial discharges which are a point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended (86 Stat. 880), or source special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923).
SOLID WASTE MANAGEMENT. The administration of solid waste activities: source reduction, collection, source separation, storage, transportation, transfer, processing, treatment and disposal, which shall be in accordance with a county or multi-county area solid waste management plan approved by the Cabinet.
SOLID WASTE MANAGEMENT AREA OR “AREA”. Any county or group of counties so designated by the Cabinet upon approval of the local solid waste management plan.
SOLID WASTE MANAGEMENT PLAN. The document submitted by a county or multi-county district as required under KRS 224.43-340.
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 about ten gallons to 42 cubic yards.
STORAGE. Keeping, maintaining or storing solid waste from the time of its production until the time of its collection.
STRUCTURE. That which is built, constructed or a portion thereof.
TRANSFER. The placement of solid waste from smaller collection vehicles into larger vehicles for transportation to intermediate or final disposal facilities.
TRANSFER SITE. Any transportation related facility including loading docks, compacting equipment, parking areas and other similar facilities where shipments of solid waste are held or transferred during the normal course of transportation.
TRANSPORTATION. The transporting of solid waste from the place of collection or processing to a solid waste processing facility or permitted solid waste disposal site.
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.
UNSAFE PREMISES. In addition to including unsafe structures, UNSAFE PREMISES means any physical condition or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including but not limited to, abandoned wells, abandoned shafts, abandoned swimming pools, abandoned ponds, abandoned basements, abandoned excavations, and any abandoned mobile homes, abandoned manufactured homes, abandoned refrigerators, abandoned iceboxes, abandoned ice chests or other similar abandoned devices or abandoned appliances accessible by children or adults.
UNSAFE STRUCTURES. A structure that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure because the structure is in a state of dilapidation, deterioration or decay, faulty construction or damaged by fire to the extent so as not to provide shelter, or is in danger of partial or complete collapse.
YARD WASTE. Grass clippings, leaves, or tree trimmings.
(Ord. 2024-830.1, passed 5-23-2024)