For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) “Aerobic” means living or occurring only in the presence of oxygen.
(b) “Building materials” means dirt, wood, stone, brick, plaster or materials resulting from the demolition, alteration or construction of buildings or structures.
(c) “Bulky waste” means a large appliance, piece of furniture or waste material from a residential source other than Freon waste items, construction debris or hazardous waste, with a weight or volume greater than that allowed for containers.
(d) “Compost pile” means a storage area for a mass of organic waste decaying through an aerobic degradation process under controlled conditions with the intention of using the resulting product as a soil conditioner. Materials in a compost pile include soil, paper products, yard waste, nondairy and nonmeat food products, and/or nonmeat-eating animal waste. A compost pile is kept in an orderly condition to control for odors and to prevent the blowing of debris. A compost pile cannot be a potential transmission agent of disease or be maintained in such a way that will attract vectors, rats, or other vermin.
(e) “Curb side recycling” means weekly pick-up of discarded material as specified by the City including but not limited to newspapers, aluminum, glass, steel and plastic containers which can be separated from municipal solid waste for the purpose of recycling, but not including material generated from and commonly reused within an original manufacturing process.
(f) “Dispose” means to discard, abandon, cause to be or allow the removal of waste from the site of origination.
(g) “Freon waste item” means an appliance or other waste item of a type which originally contained Freon or any other nonflammable gaseous or liquid fluorinated hydrocarbons used as a refrigerant, disposal of which is specifically regulated by the United States Environmental Protection Agency (USEPA).
(h) “Garbage” means putrescible animal or vegetable waste resulting from the handling, preparation, cooking, serving or consumption of food including food containers.
(i) “Garbage can liner” means refuse bag designed to be placed in a refuse container or refuse storage container.
(j) “Hazardous waste” means waste designated as hazardous by the USEPA and/or the West Virginia Department of Environmental Protection.
(k) “Household medical waste” means any medical waste, consistent with Title 64, Legislative Rule, Division of Health, Department of Health and Human Services, Series 56, Infectious Medical Waste (64CSR56) applicable to general household refuse.
(l) “Manager” means the Director of Public Works of the City of St. Albans.
(m) “Occupant” means any individual, living, sleeping, cooking or eating in or having possession of a dwelling unit.
(n) “Owner” means any one or more of the following:
(1) The owner or owners in fee simple of a parcel of real estate including the life tenant or life tenants if any; or
(2) The record owner or owners as reflected by the Kanawha County Clerk's Office; or
(3) The purchaser or purchasers of such real estate under a contract for conditional sale thereof; or
(4) The person or persons in control of the property as the personal representative, trustee, receiver or guardian of the owner.
(o) “Person” means an individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, municipal corporation, city, school city, town, school town, school district, school corporation, county, any consolidated unit of government, political subdivision, state agency, or any other legal entity.
(p) “Prepared garbage” means waste material from kitchens, dining rooms and similar places, from which liquids have been drained and solid matter wrapped in paper or placed in plastic bags and properly sealed.
(q) “Private refuse hauler” means one who, for hire, collects, removes or disposes of refuse.
(r) “Raw garbage” means swill not prepared as defined as prepared garbage herein.
(s) “Recyclables” means items that are intended to be recycled.
(t) “Recycle” means the process by which materials otherwise destined for disposal are collected, reprocessed and remanufactured.
(u) “Recycling container” means the container(s) approved and issued by the Director of Public Works of the City of St. Albans.
(v) “Recyclable material” means ferrous and nonferrous (aluminum) cans, newspapers, glass bottles, aluminum foil and plates, catalogs and magazines, plastics #'s 1, 2, and 6, Styrofoam cups and plates, empty steel paint cans and empty steel aerosol cans.
(w) “Residential unit” means the place of abode of persons living separately or together.
(x) “Refuse” means discarded waste materials, in a solid or semi-solid state consisting of garbage, rubbish or a combination thereof.
(y) “Refuse bags” means plastic sacks designed for refuse with sufficient wall strength to maintain physical integrity when lifted by top, securely tied at the top for collection, with a capacity not to exceed 30 gallons and a loaded weight not to exceed 35 pounds.
(z) “Refuse container” means a watertight container constructed of metal or other durable material impervious to rodents and other animals with a tight-fitting lid. If greater than 30 gallons, refuse must be bagged as stated in the prior definition.
(aa) “Refuse storage container” means a watertight container (not larger than 30- gallon capacity), constructed of metal or other durable material impervious to rodents with a tightfitting lid.
(bb) “Regular collection” means the City's designated day for refuse, recycling and yard waste collection.
(cc) “Residential municipal waste” includes residential garbage, bulky waste, rubbish and refuse as above defined and shall be interpreted to be consistent with that definition as set out in the West Virginia Code with the restriction that wastes from all industrial, office, commercial and institutional establishments are specifically excluded hereunder.
(dd) “Residential unit” means a group of rooms located within a building or mobile home and forming a single inhabitable unit with facilities which are used or are intended to be used for living, sleeping, cooking and eating. This definition also includes complexes containing four or fewer separate or contiguous single-family dwelling units whose owner has not elected to procure commercial waste removal by a registered hauler.
(ee) “Rubbish” means non-putrescible solid waste consisting of combustible and non- combustible materials including yard and garden waste but excluding hazardous wastes, infectious waste and tires.
(ff) “Tree trimmings” means brush, tree or shrub trimmings not exceeding ten feet in length or more than three inches in maximum diameter which are not adaptable to placement in approved trash containers.
(gg) “Vegetative matter” means any yard or landscaping waste, or land-clearing waste, including leaves, grass, brush, limbs, and branches.
(hh) “Yard waste” means leaves, grass clippings, weeds, brush and other organic garden debris.
(Ord. 2002-04. Passed 1-22-02.)