As used in this chapter, the words and phrases listed below shall have the following meanings:
(a) "Act 641" means Act 641 of the Public Acts of 1978, as amended.
(b) "Act 641 Plan" means the Wayne County Solid Waste Management Plan approved by the Wayne County Board of Commissioners, by two-thirds of the cities, villages and townships in Wayne County and by the Director of the Michigan Department of Natural Resources (MDNR), pursuant to the requirements and provisions of Act 641, and any updates thereof and any amendments thereto adopted in accordance with Act 641.
(c) "Agreement" means the Solid Waste Disposal and Service Agreement entered into between the Authority and the City as of April 1, 1992.
(d) "Authority" means the Central Wayne County Sanitation Authority, a Michigan public corporation organized and existing under Act 179 of the Public Acts of 1947, as amended.
(e) "City" means the City of Wayne, Michigan.
(f) "Construction/demolition debris" means non-hazardous wastes generated from construction and demolition activities, including, but not limited to, concrete, asphalt, wood, metal and plaster.
(g) "Disposal fee" means the fee or fees established by the Authority pursuant to the Agreement for receiving, storing, processing and/or disposing of solid waste at the plant.
(h) "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(1) Hazardous waste as defined in the Solid Waste Disposal Act, 42 U.S.C. 6901, et seq., as amended, replaced or superseded, and the regulations implementing the same;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the disposal of which is regulated by the Toxic Substance Control Act, 15 U.S.C. 2601, et seq., as amended, replaced or superseded, and the regulations implementing the same;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 Natural Resources.
(i) "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).
(j) "Nonburnable rubbish" means material which, due to its nature or size, cannot be economically processed by the plant 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.
(k) "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.
(l) "Plant" means the incinerator plant of the Authority and the site therefor and all other properties (as the same may from time to time exist) used or useful in connection therewith.
(m) "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 similar identification has been assigned or is in use by a person having control of the area.
(n) "Recyclable materials" means the following commingled and/or presorted materials that are separated from solid waste prior to the collection of solid waste from a site of generation and left at the site of generation or at a drop-off center for collection: high-grade paper, glass, metal, plastic, aluminum, newspaper, corrugated paper and yard clippings.
(o) "Regulations" means the rules and regulations concerning the collection and processing or disposal of solid waste which are adopted by Council pursuant to Section 1061.05.
(p) "Site of generation" means any premises in the City in or on which solid waste is generated by any person.
(q) "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.
(r) "Solid waste hauler license" means a license issued to a waste hauler pursuant to the provisions of Chapter 866 of the Business Regulation and Taxation Code.
(s) "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.
(t) "Yard clippings" means fallen leaves, cut grass, lake weeds or other organic debris that can be converted to humus.
(Ord. 1992-34. Passed 11-17-92.)