1060.01 DEFINITIONS.
   As used in this chapter:
   (a)   "Collection day" means the day which has been established by the Superintendent of Public Works as the regular collection day for solid waste in the area involved.
   (b)   "Commercial solid waste" means solid waste produced by a business engaged in buying and selling in varying quantities. For purposes of classification, "commercial solid waste" includes solid waste produced by a rental residential unit, cooperative, condominium, row house, apartment house, etc., in excess of four residential units per acre.
   (c)   "Construction/demolition debris" means non-hazardous wastes generated from construction and demolition activities, including, but not limited to, concrete, asphalt, wood, metal and plaster.
   (d)   "Contractor" means the individual, partnership or corporation who or which agrees, for a stipulated sum, to perform work or services as provided in this chapter.
   (e)   "Director of Public Works" means the Superintendent or Director of the Department of Public Works of the City or his or her duly authorized representative.
   (f)   "Disposal" means delivery of solid waste to the incinerator or an approved disposal site.
   (g)   "Hazardous waste" means any material or substance which, by reason of its composition or characteristics, is:
      (1)   Hazardous waste as defined in the Solid Waste Disposal Act, 42 U.S.C. 6901, et seq., as amended, replaced or superseded, and the regulations implementing the same;
      (2)   Material, the disposal of which is regulated by the Toxic Substance Control Act, 15 U.S.C. 2601 et seq., as amended, replaced or superseded, and the regulations implementing the same;
      (3)   Special nuclear or by-products material within the meaning of the Atomic Energy Act of 1954; or
      (4)   Hazardous waste as defined in Act 64 of the Public Acts of 1979, as amended, and as identified in administrative rules promulgated from time to time pursuant to the provisions of such Act by the Director of the Department of National Resources.
   (h)   "Industrial special waste" means non-hazardous wastes generated by:
      (1)   Industrial users, who, due to their size or composition, require special handling and/or disposal procedures, including, but not limited to, foundry, sand, incinerator/boiler, bottom ash, fly ash, sludges, scrap pallets and other wastes from manufacturing processes which require special handling and/or disposal procedures; or
      (2)   Industrial facilities that:
         A.   Are owned at the date of adoption of this chapter or at any time thereafter by persons who own a landfill licensed under Act 641 or Act 64 of the Public Acts of 1979, as amended;
         B.   Are in standard industrial classification (SIC) major group codes 20 through 39; and
         C.   Manufacture, process or otherwise use a toxic chemical listed pursuant to Title III of the Superfund Amendments and the Reauthorization Act of 1986 (SARA), Section 313 (40 C.F.R., Part 372).
   (i)   "Nonburnable rubbish" means material which, due to its nature or size, cannot be economically processed by the incinerator and shall include all cans, drums or similar containers used for paint, oil, lacquers, turpentine, cleaning fluids and the like; ashes, cinders, sand, earth, discarded metal, furniture, pipe, structural steel, stoves, refrigerators, automobile parts; explosives, chemicals, radioactive material and similar materials; highly combustible materials, such as gasoline, kerosene, paint thinners, asphalt or tar, as well as products impregnated with the above and similar types of liquids or compounds; and materials such as lumber, scrap wood, cartons, crates, tree trimmings and other combustible materials in lengths over three feet.
   (j)   "Person" means any individual, firm, public or private corporation, partnership, trust, public or private agency or any other entity, or any group of such persons.
   (k)   "Premises" means any area used for residential, commercial or industrial purposes, separately or in combination, to which a separate street address, postal address or box, tax roll description or other similar identification has been assigned or is in use by a person having control of the area.
   (l)   "Residential unit" means a place of abode of a person or persons living separately or together as an independent family.
   (m)   "Solid waste" means garbage, rubbish, ashes, street cleaning waste, solid commercial and solid industrial waste, and animal waste, provided, however, that this definition shall not include hazardous waste, recyclable materials, industrial special waste, construction/demolition debris, nonburnable rubbish, lead acid batteries, municipal sludges, human body waste, liquid or other waste regulated by statute, ferrous or non-ferrous scrap directed to a scrap metal processor or to a re-user of ferrous or nonferrous products, slag or slag products directed to a slag processor or to a re-user of slag or slag products, sludges and ashes managed as recycled or nondetrimental materials appropriate for agricultural or silvicultural use pursuant to a plan approved by the Director of the MDNR, materials approved for emergency disposal by the Director of the MDNR and fly ash or other ash produced from the combustion of coal when used as set forth in Section 7(1) of Act 641.
   (n)   "Solid waste hauler" means any person other than the City engaged in the business of collecting, transporting, delivering and disposing of solid waste originating within the City.
   (o)   "Yard clippings" means fallen leaves, cut grass, lake weeds or other organic debris that can be converted to humus.
(Ord. 1992-36. Passed 11-17-92; Ord. 1996-10. Passed 3-5-96.)