For the purposes of this chapter, the following terms, phrases, words and their derivatives shall have the meaning given herein. When not inconsistent with the context, words in the present tense include the future, words in the plural number include singular number and words in the singular number include the plural number. The word “shall” is also mandatory and not merely directory.
ASHES. Solid waste from fires which has been wetted and cooled to the touch prior to collection.
BLOOD and BODY FLUIDS. Liquid blood, serum, other blood products, emulsified human tissue, spinal fluids and plueral and peritoneal fluids. Dialysates are not BLOOD or BODY FLUIDS under this definition.
BULK CONTAINERS. A metal container of not less than four cubic yards capacity and not larger than eight cubic yards capacity constructed so as to be watertight but with the drain plugs at the lowermost points of the container to facilitate the drainage of any liquids that might accumulate in the container or from cleaning the container. BULK CONTAINERS shall have lids that open at the top and shall be constructed so that it can be emptied mechanically or by specially designed trucks.
CITY. The City of Whiteville.
COMMERCIAL ESTABLISHMENT. Any nonresidential establishment which may generate garbage, business trash or other refuse, including, but not limited to, any retail, wholesale, motel, hotel, institutional, religious, governmental or other nonresidential establishments.
COMMERCIAL WASTE. Solid waste generated from institutions and commercial establishments such as hotels, stores and the like.
CONSTRUCTION or DEMOLITION. When used in connection with WASTE or DEBRIS, means solid waste resulting solely from construction, remodeling, repair or demolition operations on pavement, buildings or other structures, and shall include all building rubbish, but does not include inert debris, land-clearing debris or yard waste.
CONTRACTOR. A private contractor employed by the city for garbage, trash, refuse and recyclable material collection.
CURBSIDE. Area located beside the curb or street designated as the access area for pick-up of refuse.
DETACHABLE CONTAINER. A unit varying in capacity between 20 cubic yards and 42 cubic yards which is used for collecting, storing and transporting building materials, commercial waste, industrial waste, hazardous refuse, refuse or yard trash. The unit may or may not use an auxiliary stationary packing mechanism for compaction of materials into the container and may be of the open or enclosed variety. The distinguishing feature of the DETACHABLE CONTAINER is that it is picked up by a specially equipped truck and becomes an integral part of the truck for transporting the waste materials to the disposal site.
DIRECTOR OF PUBLIC WORKS. The Director of Public Works for the city or his or her designated agent.
FLOW CONTROL AREA. The designated geographic area within which the collection, transportation, storage and disposal of all solid waste generated within the area shall be accomplished in accordance with a solid waste management plan.
GARBAGE. All putrescible waste, that is solid waste capable of being decomposed by micro-organisms with sufficient rapidity as to cause nuisances from odors and gases, such as kitchen wastes, offal and carcasses, including animal offal and carcasses and recognizable industrial by-products, but excluding sewage and human waste. GARBAGE shall also include paper, glass and plastics not capable of being recycled.
GENERATING FACILITY. Any facility where medical waste first becomes a waste, including, but not limited to, any medical or dental facility, funeral home, laboratory, veterinary hospital and blood bank.
GROUP HOUSING. Apartments, condominiums, group developments and multi-family housing areas.
HAZARDOUS WASTE. A solid waste, or combinations of solid wastes, which because of its quantity, concentration or physical, chemical or infectious characteristics may:
(1) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or
(2) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
INDUSTRIAL WASTE. Sawdust, shavings, feathers, excelsior, cartons, boxes, metal, glass, paper, wood, textiles, chemicals, plastic or other waste materials from processing plants, factories or manufacturing operations.
INERT DEBRIS. Solid waste which consists solely of material that is virtually inert and that is likely to retain its physical and chemical structure under expected conditions of disposal.
LAND CLEARING DEBRIS. Solid waste which is generated solely from land clearing activities.
LEAD ACID BATTERIES. Any battery containing lead, acid or both.
LITTER. Includes, but is not limited to, garbage refuse, waste material or any other discarded, used or unconsumed substance which is not handled as specified herein.
MATERIAL RECOVERY FACILITY. A state permitted solid waste management facility that receives all solid waste within the designated flow control area currently destined for the landfill. The facility removes all recyclable material from the waste stream and bales the remaining non-recyclable residual solid waste. The facility also processes removed recyclables for sale to recycling markets.
MEDICAL WASTE. Any solid waste which is generated in the diagnosis, treatment or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals, but does not include any hazardous waste identified or listed pursuant to this chapter, radioactive waste, household waste as defined in 40 C.F.R. § 261.4(b)(1) in effect on July 1, 1989, or those substances excluded from the definition of solid waste in this section.
MICROBIOLOGICAL WASTE. Cultures and stocks of infectious agents, including, but not limited to, specimens from medical, pathological, pharmaceutical, research, commercial and industrial laboratories.
OIL. Any oil, new or used, which has been refined from crude oil or synthetic oil and, as a result of use, storage or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties, but which may be suitable for further use and is economically recyclable.
PATHOLOGICAL WASTE. Human tissue, organs and body parts, and the carcasses and body parts of all animals that were known to have been exposed to pathogens that are potentially dangerous to humans during research, were used in the production of biologicals or in vivo testing of pharmaceuticals, or that died with a known or suspected disease transmissible to humans.
PERSON. An individual, corporation, company, association, partnership, unit of local government, state agency, federal agency or other legal entity.
POLY-CART CONTAINER. A roll-out cart.
RECYCLABLE MATERIAL. Those materials which are capable of being recycled, can be marketed at a value greater than the costs associated with processing and shipping that material to a buyer and which would otherwise be processed or disposed of as solid waste.
RECYCLING. Any process by which solid waste, or materials which would otherwise become solid waste, are collected, separated or processed and reused or returned to use in the form of raw materials or products.
RECYCLING CONTAINER. A container or bin with an 90-gallon capacity provided to residents for the purpose of storing recyclable materials which shall be collected by a contractor or the city.
REFUSE. All solid waste, including, but not limited, to garbage, yard waste and recyclable material.
REGULATED MEDICAL WASTE. Blood and body fluids in individual containers in volumes greater than 20 ml, microbiological waste and pathological waste that have not been treated pursuant to 15A NCAC 13B.1207. REGULATED MEDICAL WASTE may be handled as general solid waste.
ROLL-OUT CART. A wheeled solid waste receptacle with a capacity of approximately 90 gallons or more constructed of non-metal material designed to be emptied mechanically by specifically designed trucks. A POLY-CART and ROLL-OUT CART are the same.
SCRAP TIRE. A tire that is no longer suitable for its original, intended purpose because of wear, damage or defect.
SHARPS. Needles, syringes with attached needles, capillary tubes, slides and cove slips and scalpel blades.
SHARPS CONTAINER. A container manufactured and approved for the disposal of sharps. The container must be rigid, leak-proof when in the upright position, puncture-resistant and shall be labeled with a water-resistant universal bio-hazard symbol.
SINGLE-FAMILY DWELLING. Any dwelling place occupied by one family.
SLUDGE. Any solid, semi-solid or liquid waste generated from a municipal, commercial, institutional or industrial wastewater treatment plant, waste supply treatment plant or air pollution control facility, or any other waste having similar characteristics and effects.
SMALL DEAD ANIMALS. Cats, dogs, small household pets and other small animals of similar size.
SOLID WASTE. Any hazardous or nonhazardous garbage, refuse or sludge from a waste treatment plant, water supply treatment plant or air pollution control facility, domestic sewage and sludges generated by the treatment thereof in sanitary sewage collection, treatment and disposal systems; and other material that is either discarded or is being accumulated, stored or treated prior to being discarded, or has served its original intended use and is generally discarded, including solid, liquid, semi-solid or contained gaseous material resulting from industrial, institutional, commercial and agricultural operations, and from community activities. The term does not include:
(1) Fecal waste from fowls and animals other than humans;
(2) Solid or dissolved material in:
(a) Domestic sewage and sludges generated by treatment thereof in sanitary sewage collection, treatment and disposal systems which are designed to discharge effluents to the surface waters;
(b) Irrigation return flows; and
(c) Wastewater discharges and the sludges incidental to and generated by treatment which are point sources subject to permits granted under § 402 of the Water Pollution Control Act, as amended (Pub. L. No. 92-500), and permits granted under G.S. § 143-215.1 by the Environmental Management Commission. However, any sludges that meet the criteria for hazardous waste under RCRA shall also be a solid waste for the purposes of this chapter.
(3) Oils and other liquid hydrocarbons controlled under G.S. Ch. 143, Article 21a. However, any oils or other liquid hydrocarbons that meet the criteria for hazardous waste under RCRA shall also be a solid waste for the purposes of this chapter;
(4) Any source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954, as amended (42 U.S.C. Par. 2011); and
(5) Mining refuse covered by the state’s Mining Act, G.S. §§ 74-46 through 74-68 and regulated by the North Carolina Mining Commission (as defined under G.S. § 143B-290). However, any specific mining waste that meets the criteria for hazardous waste under RCRA shall also be a SOLID WASTE for the purposes of this chapter.
SPECIAL WASTES. Solid wastes that can require special handling and management, including white goods, whole tires, used oil, lead acid batteries and medical wastes.
TIRE. A continuous solid or pneumatic rubber covering or encircling the wheel of a motor vehicle as defined in G.S. § 20-4.01(23).
TRASH. The by-product of animal or vegetable foodstuffs resulting from the handling, preparation, cooking and consumption of food or other matter subject to decomposition, decay, putrefaction and/or the generation of noxious or offensive gases or odors, or which, during and/or after decay, may serve as breeding or feeding material for flies, insects and/or animals. All refuse resulting from the use and maintenance of property, regardless of the nature of the activity thereon, except garbage. (Sometimes referred to as GARBAGE).
WHITE GOODS. Inoperative and discarded refrigerators, ranges, water heaters, freezers or other similar domestic and commercial large appliances.
YARD WASTE. Grass, weeds, leaves, tree trimmings, plants, shrubbery prunings and other similar materials generated in the maintenance of yards and gardens, and which are separated from other solid waste materials and placed in a designated recycling collection area. YARD WASTE shall not include trees, tree limbs, brush and other material resulting from commercial tree trimmers and/or commercial lawn care services.
(2009 Code, § 50.01) (Ord. passed 6-25-1991)