The following definitions apply in the interpretation and enforcement of this chapter.
ACCUMULATED JUNK. Wrecked, scrapped, disassembled, unusable or unrepairable items including, but not limited to, vehicles, boats, trailers, manufactured homes, heavy machinery, construction equipment, appliances, vehicle tires, engines, transmissions, frames, axles, any parts and accessories of these objects and any other non-vegetative debris collected or stored on the grounds of a private residence, property or business.
BULKY WASTE. Large items of solid waste such as household appliances, furniture, large auto parts, tires, trees, branches, stumps and other oversize waste whose large size precludes or complicates
their handling by normal solid waste collection, processing or disposal methods.
CIRCUMSTANTIAL EVIDENCE. A fact that can be used to infer another fact. Examples relating to solid waste violations include mail, bills, check stubs, receipts, names, phone numbers, addresses and any other evidence or information found or recovered that may link a person or persons to the violation.
COLLECTION. The act of moving solid waste from a point of generation to a central storage point or to a disposal site and from a central storage point to a disposal site.
COMMERCIAL SOLID WASTE. Solid waste generated by stores, offices, restaurants, warehouses and other non-manufacturing activities.
CONSTRUCTION AND DEMOLITION WASTE. Waste building materials, packaging and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses, commercial buildings and other structures.
DIVISION OF PUBLIC HEALTH. Division of Public Health of the NC Department of Health and Human Services.
DIVISION OF WASTE MANAGEMENT. The North Carolina Division of Waste Management, a state agency that licenses private solid waste collection businesses and solid waste maintenance facilities, regulates solid waste disposal, hazardous waste management, underground storage tanks and superfund cleanups; and provides technical assistance to businesses, industries, local governments and citizens to help them reduce and better manage wastes.
GARBAGE. All putrescible solid wastes, including food wastes and food containers, animal and vegetable matter, animal offal, animal carcasses, recognizable industrial by-products or other matter that is subject to decomposition, decay or the generation of noxious or offensive gases or odors, or which after decay, may serve as a breeding or feeding material for rodents, insects or other animals. GARBAGE does not include sewage and human wastes.
HAZARDOUS WASTES. Waste, or a combination of wastes, in a solid, liquid, contained gaseous or semi-solid form that may cause, or contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness, taking into account the toxicity of such waste, its persistence and degradability, its potential for accumulation or concentration in tissue and other factors that may otherwise cause or contribute to adverse acute or chronic effects on the health of persons or other organisms.
HEALTH DIRECTOR. The Director of the Surry County Health and Nutrition Center or his or her authorized representative.
INDUSTRIAL SOLID WASTE. Solid wastes generated by industrial processes and manufacturing.
INFECTIOUS WASTE.
(1) Equipment, instruments, utensils and fomites (any substance that may harbor or transmit pathogenic organisms) of a disposable nature from the rooms of patients who are suspected to have or have been diagnosed as having a communicable disease and must therefore, be isolated as required by public health agencies;
(2) Laboratory wastes, such as pathological specimens (e.g., all tissues, specimens of blood elements, excreta and secretions from patients or laboratory animals) and disposable fomites attendant thereto; and
(3) Surgical operating room pathologic specimens and disposable fomites attendant thereto, and similar disposable materials from outpatient areas and emergency rooms.
INSTITUTIONAL SOLID WASTE. Solid wastes generated by educational, health care, correctional and other institutional facilities.
LANDFILL. A site established for the disposal of waste by burial, and approved and licensed by the State of North Carolina. LANDFILL establishment and operation are subject to the provisions of G.S. § 130A-294 and to other state and federal guidelines, hereby incorporated by reference as enforceable provisions of this chapter.
LITTER. Any solid waste discarded upon public or private property by a person other than the owner(s) of the property.
LITTERING. To dispose or to intentionally or recklessly cause the disposal of litter upon public or private property owned by another person or persons.
LOCAL ORDINANCE OFFICER. Agent or agents employed by the county to enforce the provisions of land use and other locally enacted laws.
PERSON. Any individual, firm, partnership, corporation, association, governmental unit or agency or other legal entity.
PUBLIC HEALTH NUISANCE. Any action or condition that is dangerous or prejudicial to public health or safety, including, but not limited to, the following:
(1) Accumulated junk, tires, trash, refuse or construction debris that may be a breeding ground or nest for mosquitoes, other insects, rodents or other pests;
(2) Any material causing offensive odors or health risks to others such as dead animals, stagnant water, decayed vegetables and fruit, or unclean privies and stables;
(3) Uncovered human-made structures or containers with stagnant water found to be a breeding ground for mosquitoes, other insects, rodents or other pests; and
(4) Any uncovered well, open pit, appliance, unsecured vehicle, unsecured building or unsecured manufactured home, or other condition or structure that may cause entrapment or injury, or be a breeding ground or nest for mosquitoes, other insects, rodents or other pests.
RADIOACTIVE WASTE. Any wastes that emit ionizing radiation spontaneously.
RECYCLING CENTER. A site for the collection of garbage and other recyclable items.
REFUSE. Solid wastes, excluding garbage and ashes, collected from residences, commercial establishments and institutions.
SOLID WASTE.
(1) Discarded materials and any accumulated junk, bulky waste, commercial waste, construction/demolition waste, hazardous waste, infectious waste, industrial waste, hazardous or non- hazardous garbage, litter, refuse or sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semi-solid or contained gaseous material resulting from industrial, institutional, commercial and agricultural operations, and from community activities.
(2) The term does not include:
(a) Fowl and animal fecal waste;
(b) Solid or dissolved material in:
1. Domestic sewage and sludges generated by the treatment thereof in sanitary sewage disposal systems which have a design capacity of more than 3,000 gallons or which discharge effluents to the surface waters;
2. Irrigation return flows; and
3. Wastewater discharges and the sludges incidental thereto and generated by the treatment thereof which are point sources subject to permits granted under § 402 of the Clean Water Act, as amended (Pub. Law No. 92-500), and permits granted under G.S. § 143-215.1 by the Environmental Management Commission.
(c) Oils and other liquid hydrocarbons controlled under G.S. Ch. 143, Art. 21A;
(d) Any radioactive material as defined by the North Carolina Radiation Protection Act, G.S. §§ 104E-1 through 104E-23; or
(e) Mining refuse covered by the North Carolina Mining Act, G.S. §§ 74-46 through 74-68, and regulated by the North Carolina Mining Commission.
SOLID WASTE COLLECTOR. Any person who for hire, collects, transports or disposes of solid wastes.
SOLID WASTE DISPOSAL SITE. A location at which solid wastes are disposed of by incineration, sanitary landfill or other approved method.
SOLID WASTE RECEPTACLE. Large metal container used for the temporary storage of solid wastes and capable of being automatically emptied into collection vehicles.
(Ord. passed 8-17-2009)