For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMERCIAL COLLECTOR or CONTRACT HAULER. Any person who hauls or transports for other persons or another person any garbage or receivable solid waste through or upon the streets or alleys of this city for a consideration or a fee.
COMMERCIAL SOLID WASTE. Solid waste generated by stores offices, restaurant, warehouses, printing shops, service stations, and other nonmanufacturing, nonhouseshold sources.
COMPOSTING. The biological process by which microorganisms decompose the organic fraction of waste.
GARBAGE. Solid and semisolid putrescible animal and vegetable wastes resulting from the handling, preparing, cooking, storing, serving, and consuming of food or of material intended for use as food, and all offal, excluding useful industrial byproducts, from all public and private establishments and from all residences.
HAZARDOUS WASTE.
(1) Solid waste, regulated waste, or toxic waste or combination of the foregoing, which because of quantity, concentration, physical, chemical, toxic, or infectious characteristics may:
(a) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitation reversible illness; or
(b) Pose as substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, spilled, or disposed of or otherwise managed.
(2) The terms HAZARDOUS OR TOXIC WASTE shall include, but not be limited to, pesticide, herbicide, and insecticide.
(3) HAZARDOUS WASTE shall include, but not be limited to, those wastes identified and listed by the Administrative Rules of the Department of Environment and Natural Resources of the State of South Dakota and the United States government and 40 C.F.R. §§ 261.12 through 261.33, inclusive, and Appendices I, II, III, VII, VIII, IX, and X and any amendments thereto prior to the adoption of this subchapter.
HOUSEHOLD WASTE. Solid waste derived from households, including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day use recreation areas, but not waste from commercial activities that is generated, stored, or present in a household. HOUSEHOLD WASTE shall include, among other things, kitchen refuse, cans, bottles, paper, and other waste material ordinarily originating on household premises and placed in regulation containers as provided in § 52.05.
INDUSTRIAL WASTE. Solid waste generated by manufacturing or industrial processes.
INFECTIOUS WASTE. Medical waste generated at health-care facilities, laboratories, or mortuaries that contains any disposable equipment, instruments, utensils, or substances that carry pathogenic organisms from rooms of patients who have been diagnosed or are suspected of having a communicable disease; laboratory wastes such as tissues, blood specimens, excreta, and secretions from patients or laboratory animals; disposable substances that carry pathogenic organisms; and surgical operating room pathologic specimens, substances that carry pathogenic organisms, and other materials from outpatient areas and emergency rooms.
JOINT AUTHORITY. The operation structure for solid waste management and disposal established by the City of Vermillion, the City of Yankton, the County of Clay, and the County of Yankton under the Joint Powers Agreement for solid waste management ownership and operation approved 4-4-1994.
LARGE TREES, LIMBS and UNTREATED WOOD. Trees and limbs in excess of 1/4 inch in diameter and or in excess of 12 inches in length and all untreated, unpainted wood materials such as raw untreated lumber and most pallets.
MUNICIPAL LANDFILL. The area provided by the city for the dumping or depositing of receivable solid waste.
RECEIVABLE SOLID WASTE. Rubble, yard waste, garbage, or commercial or industrial waste, as herein defined, which are nonhazardous in character and all household waste as herein defined, and large trees and limbs in excess of 1/4 inch in diameter and which exceeds 12 inches in length.
REFUSE. Any waste product composed wholly or partly of the materials as garbage, trash, rubbish, litter, accumulated waste material, cans, containers, tires, junk, or other substance which may become a nuisance.
RUBBISH. Wood, leaves, trimmings from shrubs, dead trees or branches thereof, shavings, sawdust, excelsior, woodenware, printed matter, paper, paperboard, pasteboard, grass, rags, straw, boots, shoes, hats, and all other combustible material not included under the term garbage.
RUBBLE. Stone, brick, concrete, or similar inorganic material.
TAX-EXEMPT USER. Any legal entity, including any public agency in possession or control of any lot, tract, or parcel of real property which, by the laws of this state, is exempt from real property taxes levied by the city on real property on or from which garbage, rubbish, refuse, or waste material is collected or taken for deposit at the municipal landfill, whether directly by the tax-exempt user or indirectly by commercial garbage collector or contract garbage hauler.
TAXPAYER USER. Any person or other legal entity in possession or control of any lot, tract, or parcel of real property which is subject to real property taxes levied by the city against real property on or from which garbage, rubbish, refuse, or waste material is collected or taken for deposit at the municipal landfill, whether directly by the taxpayer user or indirectly by commercial garbage collector or contract garbage hauler.
WASTE MATERIAL. All noncombustible matter such as glass, sand, earth, concrete, mortar, metals, and the like.
YARD WASTE. Leaves, grass clippings, chip brush, garden waste, and bush trimmings, and small tree trimmings not to exceed 1/4 inch in diameter or twelve inches in length which can be stored in a 30-gallon plastic bag or container.
(1975 Code, 11-1) (Ord. 470, passed 10-18-1965; Am. Ord. 815, passed 1-4-1982; Am. Ord. 977, passed 3-16-1992; Am. Ord. 1011, passed 4-4-1994)