4-5-2: DEFINITIONS:
For purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. These definitions shall apply to all rules, regulations or agreements entered into pursuant to this chapter.
ASHES: The residue from the burning of wood, coal, coke or other combustible materials.
BAGS: See definition of Containers.
BUNDLE: Small trees, branches, shrub and brush trimmings or newspapers and magazines securely tied together forming an easily handled package not to exceed four feet (4') in length and/or thirty five (35) pounds in weight.
BUSINESS: An individual, partnership, association, corporation, company, trust, firm, estate, joint venture, unit, agent, public agency, industry, or other legal entity operating as a self- contained independent enterprise, such as a beauty shop, retail shop, professional office, etc.
BUSINESS UNIT: Each space occupied by an individual business. A business unit shall be deemed occupied when either occupied or producing solid waste.
CITY: City of Troy, Idaho.
CONTAINERS:
   Bags: Plastic sacks designed to store solid waste with sufficient wall strength to maintain physical integrity when lifted by top. Total weight of a bag and its contents shall not exceed thirty five (35) pounds for collection services.
   Compactor Container: A receptacle designed to compact solid waste and to be moved by mechanical means so that its contents can be emptied.
   Manual Container (Garbage Can): A receptacle with a capacity of greater than twenty (20) gallons but not more than thirty six (36) gallons, tapered so that it is larger at the top than at the bottom, made of metal, plastic or fiberglass having a tightfitting lid which completely covers the top of the container, rodentproof and having handles of adequate strength for lifting.
   Mechanical Container: A receptacle designed for loose solid waste to be lifted by mechanical means so that its contents can be emptied.
COUNCIL: City council of the city of Troy, Idaho.
CURB LINE/CURBSIDE: That portion of right of way or private property adjacent to the traveled portion of the city rights of way used for the placement of all solid waste containers on collection days. Containers shall be placed as close as is reasonably possible to the traveled right of way without obstructing parking lanes or public sidewalks.
DIRECTOR: City supervisor or such person so designated by city supervisor or mayor.
DISPOSAL: Disposing of solid waste in a disposal site; disposal of solid waste for resource recovery or transportation to another site or facility.
DISPOSAL SITE: Waste facility or site where solid waste is disposed of, reduced or recovered, such as sanitary landfills, transfer stations, incinerators and resource recovery facilities which are licensed or approved to receive for processing solid waste by all governmental bodies or agencies having jurisdiction.
EQUIPMENT: Equipment used by a franchisee within the city for the collection or disposal of solid waste.
FRANCHISEE: The person, persons, or corporation holding a contract and/or franchise issued or granted by the city authorizing such person to operate, conduct or maintain a municipal solid waste collection and disposal system upon, or over any streets, alleys and public ways of the city.
GARBAGE CAN: See definition of Containers.
GENERATOR: Any resident of a residential unit or business unit who creates or produces hazardous waste.
HAUL: An individual trip transporting solid waste from the producer, or any other point within the city to a disposal site.
INSPECTOR: The authorized employee or agent of the city designated by the director as having the duty of enforcement of this chapter.
PREMISES: Land and all buildings and structures thereon, including, but not excluding by terms of enumeration, single- or multi-family dwellings, rooming houses, apartment houses, hospitals, convalescent and nursing homes, hotels and motels, restaurants, drive-in establishments, schools (kindergartens, academic, trade or industrial), and any other place of habitation, office, shop or establishment, or place of conducting a business, trade or occupation.
PRODUCER: "Residential unit" or "business unit", as defined in this section.
RESIDENT: Every person in possession, charge, custody or control of any premises where solid waste is created or accumulated.
RESIDENTIAL UNIT: A dwelling within the corporate limits of the city occupied by a person or group of persons. A residential unit shall be deemed occupied when either occupied or producing solid waste. Each unit within an apartment or condominium dwelling shall be treated as an individual dwelling unit, unless served by a mechanical container or compactor.
SERVICE: Solid waste collection and disposal of, or resource recovery from solid waste, as further defined by agreement.
SOLID WASTE: All solid waste or semisolid waste, including, without limitation: bulky, household, hazardous, infectious garbage, rubbish, refuse, trash, ashes or swill, newsprint or wastepaper, corrugated paper or cardboard, grass clippings, compost, discarded appliances, equipment, furniture, vehicle parts, tires, vegetable or animal wastes, wire, cement, demolition or other wastes resulting from industrial, commercial, agricultural, institutional and residential activities. Includes material that is no longer directly usable by the producer, owner, resident or possessor of the material, but may be recovered by another person. "Solid waste" shall include materials that may have value and thus be recovered. The fact that materials are separated or segregated from other solid waste does not remove the materials from this definition. "Solid waste" shall include waste presently in liquid form. No material shall be considered solid waste until placed for collection.
   Bulky Waste: Stoves, refrigerators, water tanks, washing machines, furniture, appliances, springs, mattresses, carpets, demolition, commercial, industrial, tree stumps, tree trunks, logs, vehicle bodies and parts, wire, large dead animals (over 10 pounds), cement, Sheetrock, sod, dirt, tires, rock, loose branches, any item weighing over sixty (60) pounds or over four feet (4') in length.
   Hazardous Waste: Any chemical, compound, mixture, substance or article which is designated by the United States environmental protection agency or other appropriate agency of the federal government, or state of Idaho, to be "hazardous", as that term is defined by or pursuant to law.
   Heavy Waste: Heavy waste and materials resulting from excavations, construction, remodeling, repair or demolition operations including rocks, tree trunks, logs, cement, concrete and sod.
   Household Waste: That waste produced by an ordinary residential unit fitting into a bag, manual container or bundle less than four feet (4') in length. Does not include bulky, infectious or hazardous wastes or any type of solid waste that is not normally collected by the franchisee at residential or business units, on the regular collection routes.
   Infectious Waste: Any material, chemical, compound, mixture, substance or article known to be infectious by the producer or which is designated by the United States environmental protection agency or other appropriate agency of the federal government or the state of Idaho to be "infectious", as that term is commonly defined or defined by or pursuant to law.
   Putrescible Waste: Solid waste which has capacity to become rotten or foul. (Ord. 258, 1-19-1987)