The following definitions shall apply in the interpretation and enforcement of this chapter.
ABANDONED VEHICLE.
(1) A vehicle that has remained on private property without the consent of the owner or person in control of that property for more than 48 hours; or
(2) A vehicle located on private property that is at least three model years old, is mechanically inoperable, and is left on private property, with or without the consent of the person in control of the property, continuously in a location visible from public property or public right-of-way for more than 20 days. “Mechanically inoperable” shall mean a vehicle from which the engine, transmission, differential, wheels or any other part of the drive train or suspension has been removed so as to prevent the vehicle from being driven under its own power.
(3) Licensing of a vehicle shall not constitute a defense to the finding that it is an abandoned vehicle.
ABATE. To end nuisance solid waste accumulation, illegal dumping and littering by removal, clean up and proper disposal.
ACCUMULATION/TO ACCUMULATE. To heap, pile up, amass or collect waste improperly or in improper storage containers for a period exceeding 15 days or the standard interval of local commercial collection services, whichever is less.
CONSTRUCTION/DEMOLITION WASTE shall mean any discarded construction or demolition materials including, but not limited to lumber, wood, paneling, dry wall, roofing shingles, siding, plumbing, electrical, doors, windows, floor coverings and cabinets.
CONTAMINATED. Un-rinsed containers with food or product residues, non-container glass materials, containers which contained oils, pesticides, fertilizers, herbicides, poisons or other hazardous materials, materials fouled with dirt or other substances foreign to their original contents or composition, wet or saturated newspapers, and any other conditions that render the materials unrecycleable.
DISCARD. Abandon, deposit, desert, discharge, dispose, drop, dump, eliminate, emit, jettison, leave, pitch, place, put, scrap, spill, leak, throw, or toss any item of solid waste or derivative thereof, or any inherent waste-like material in a manner such that the discarded substance remains upon the land as solid waste.
DUMPING/TO DUMP. The discarding along county roadways or at any location other than a site of generation, any items of solid waste commonly known as garbage, rubbish, refuse, construction and demolition debris, household trash, baby diapers, food service wastes, old appliances, tires, scrap metal, vehicle parts, and all other items and materials defined as “solid waste” below.
FILL MATERIAL. Any material that is used for filling such as clean soil, clay, shale, gravel or sand. Concrete will be allowed if the maximum particle size is 24 inches or less in diameter and all protruding reinforcing steel is removed from the concrete particle.
GARBAGE. All putrescible (rotten) animal solid, vegetable solid, and semi-solid wastes from the processing, handling, preparation, cooking, serving or consumption of food or food materials. Such materials carry the potential of harboring vector-borne diseases.
GENERATE. The act or process of producing solid waste. "Generator" means the person whose actions or processes result in the unwanted solid waste materials.
HAZARDOUS WASTE. Any waste, including but not limited to household hazardous wastes, used oils, and chemicals that because of its quantity, concentration, or physical, chemical, or infectious characteristics may:
(1) Cause or significantly contribute to an increase in mortality or increase in serious or incapacitating irreversible illness;
(2) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, handled, disposed of or otherwise managed;
(3) Be nondegradable or persistent in the environment;
(4) Be biologically magnified; or
(5) Cause or tend to cause cumulative effects.
INERT SOLID WASTE. Uncontaminated earth, rocks, rigid concrete, bricks, tiles, aged asphalt, uncontaminated natural wood, brush, leaves, grass clippings, wood chips and sawdust.
INFECTIOUS WASTE. Any waste that is capable of transmitting a communicable disease including but not limited to pathological waste (human tissues, blood, excreta and secretions), medical and laboratory wastes, contaminated or fouled bedding, bandages, dressings, diapers, contaminated animal carcasses, offal, excreta, body parts, and bedding, etc.
JUNK. Any of the following items which are considered abandoned, dismantled, discarded or otherwise unusable including, but not limited to vehicles, machinery, equipment, appliances or other household goods and furniture. The term shall also include component parts, such as engines, transmissions, drive train, suspension, fenders, doors, hoods, wheels, windshields and tires removed from vehicles or any other part of a vehicle.
LITTERING. Discarding in any location other than a proper waste storage container any item of solid waste such as a can, bottle, cigarette butt, package, wrapper or any other material, excluding organic refuse such as a single apple core, banana peel or leftover food item. LITTERING may also include any item of waste material moved by wind, water or animals into a public way or any combination of these items exceeding a volume of one cubic foot.
OPEN DUMP. The consolidation of solid waste from one or more sources or the discarding of solid waste at any location that does not fulfill the requirements of a sanitary landfill as proscribed by state law or regulations, and that exists without daily cover and without regard to the possibilities of contamination of surface or subsurface water resources, air, land or other hazard or threat of hazard to the environment or safety.
PERSON. Shall mean, but is not limited to, an individual, partnership, firm, company, corporation, trust, estate, legal representative or agent.
PUBLIC NUISANCE. Any condition or thing existing or allowed to exist that:
(1) Injures or endangers the comfort, health or safety of others or the environment;
(2) Unlawfully interferes with, obstructs or tends to destruct or renders dangerous for passage any public or private street, highway, sidewalk, alley, stream or ditch;
(3) Unreasonably interferes with the comfortable enjoyment of life and/or property, or is likely to depreciate the value of other's property.
RECYCLABLES. Materials segregated from the waste stream for the purpose of collection and reprocessing to recover and reuse as a materials resource. This shall include glass containers, newspapers, office papers, corrugated cardboard, aluminum and steel containers and certain plastic containers.
SALVAGING. The controlled removal of reusable or recyclable waste materials from a solid waste disposal facility and implies consent of the owner of the waste materials.
SCAVENGING. The uncontrolled and unauthorized removal of materials from solid waste at any point in the waste management system.
SHELBY COUNTY SOLID WASTE MANAGEMENT DISTRICT. The territorial area described in Shelby County Ordinance #1991-3 and cited as Shelby County Code Article 3, Chapter 7 Section 9 (SCC 3-7-9), and for purposes of this chapter shall specifically include Morristown.
SOLID WASTE. Any garbage, refuse, sludge or other discarded or disposed materials, including solid, liquid, or semi-solid or contained gaseous materials resulting from any operation, activity or source. This definition excludes hazardous and infectious wastes defined above.
STORAGE. The proper temporary containment of waste materials in a waste storage container for a period not to exceed 15 days or the standard interval of local commercial collection service, whichever is less.
VECTOR. Any animal or substance capable of harboring and transmitting microorganisms or disease from one animal to another or to a human.
WASTE STORAGE CONTAINER. A proper and suitable receptacle used for the temporary storage of solid waste, infectious or hazardous wastes while awaiting collection. Containers shall be designed to prevent escape or leakage of contents and should be resistant to scavenging animals. Plastic bags, paper bags and corrugated boxes shall not be considered to be proper containers for outdoor storage of wastes.
(Ord. 06-2007, passed 5-9-07)