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For the purpose of this chapter, the following words and phrases shall have the following meanings:
(a) "City" means the City of Napoleon, Ohio.
(b) "City bag refuse service" means refuse collection service by the City that utilizes bag type collection as determined by the City.
(c) "City Code" means the City Codified Ordinances.
(d) "City Sanitation Department" means the public utility service (collection service) provided by the Sanitation Department of the City for the collection, removal and disposal of solid waste, garbage, trash, rubbish and refuse.
(e) “Commercial establishment(s)” means all businesses, industry and providers of service, product or merchandise for profit; also, hotels, motels, bed and breakfast lodges, and apartment complexes, in which any one of the herein mentioned establishments have four or more rooms available for rent or lease in a single structure; and multi-family dwellings having four or more apartments contained within a single structure.
(f) "Customer" means a subscriber to City Sanitation Department collection service.
(g) "Garbage" means all organic waste or offal of fish, fowl, fruit, vegetable, and animal matter resulting from the preparation of food, from any source.
(h) "Hazardous waste" means any waste or combination of wastes in solid, liquid, semisolid, or contained gaseous form that in the determination of the Director of Environmental Protection, because of its quantity, concentration or physical or chemical 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 safety or to the environment when improperly stored, treated, transported, disposed of, or otherwise managed.
"Hazardous waste" includes any substance identified by regulation as hazardous waste under the Resource Conservation and Recovery Act of 1976 90 Stat. 2806, 42 U.S.C.A. 6921, as amended and does not include any substance that is the subject of the Atomic Energy Act of 1954, 68 Stat. 919, 42 U.S.C.A. 2011.
(i) "Householder" means head of a family or one maintaining his or her separate living room or quarters in the City and shall include owners, tenants, and occupants of all premises upon which garbage, refuse and/or rubbish are created.
(j) "Infectious waste" means such waste as identified in Section 3734.01 (R7) of the Ohio Revised Code.
(k) “Operations Superintendent” means the Sanitation Supervisor or department head of the department responsible for sanitation.
(l) "Refuse" means all inorganic waste matter and discarded material such as tin cans, glass, paper, sweepings, etc. It does not, however, include material in the nature of earth, sand, brick, stone, wood, plaster, or other substances that may accumulate as a result of building operations.
(m) "Residential establishment(s)" means the place of abode of one or more persons living together as a family unit. (Any structure containing one, two, or three family dwelling units contained within a primary structure (i.e., duplex/triplex), is considered as having a separate residential establishment for each portion that is capable of containing a family unit.)
(n) "Rubbish" means all household, trade, commercial or institutional waste matter, such as paper, straw, wood, rags, cardboard, wearing apparel and other wastes accumulated about buildings, all combustible and noncombustible waste materials accumulated in the construction, remodeling or repair of buildings and all other combustible products, such as tires, asphalt, petroleum, plastic and synthetic and natural rubber products.
(o) "Person" means an individual, corporation, business, trust estate, trust, partnership, association or other entity. Whenever used in any clause prescribing and imposing a penalty, the word "person" as applied to any partnership or association shall mean the partners or other owners thereof, and, as applied to any corporation or other entity, shall mean the officers thereof, and, as applied to any business trust, estate or trust, shall mean the fiduciary thereof.
(p) "Solid waste" means such unwanted residual solid or semisolid material as results from industrial, commercial, agricultural, and community operations, excluding earth or material from construction, mining, or demolition operations, or other waste materials of type that would normally be included in demolition debris, non-toxic fly ash, spent non-toxic foundry sand, and slag and other substances that are not harmful or inimical to public health, and includes, but is not limited to garbage, tires, combustible and noncombustible material, street dirt, and debris. "Solid wastes" does not include any material that is an infectious waste or a hazardous waste.
(q) "Waste" means all waste material of every kind.
(r) "Subscriber" means any householder or any customer of the City’s collection (refuse) service.
(s) "Yard waste" means vegetative waste matter from any source, including, but not limited to, waste from lawns, yards, trees, bushes, shrubbery, flowers, vegetable, vines, and all other plants or plantings. For the purpose of example, and not by way of limitation, the following are examples of yard waste: leaves, pruning, branches, logs, trees, shrubbery, and grass clippings.
(Ord. 160-96. Passed 12-30-96.)