For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGRICULTURAL USE. Operations for the production of agricultural or horticultural crops, including but not limited to: livestock, livestock products, poultry, poultry products, grain, hay, pastures, soybeans, tobacco, timber, orchard fruits, vegetables, flowers or ornamental plants, including provision for dwellings for persons and their families who are engaged in the above AGRICULTURAL USE on their tract.
AGRICULTURAL WASTE. Any nonhazardous waste resulting from the production and processing of on-the-farm agricultural products, including manures, prunings and crop residues.
APPROVED INCINERATOR. An incinerator which complies with all current regulations of the responsible local, state and federal air pollution control agencies
BULKY WASTE. Nonputrescible solid wastes consisting of combustible and/or noncombustible waste materials from dwelling units, commercial, industrial, institutional or agricultural establishments, which are either too large or too heavy to be safely and conveniently loaded into solid waste transportation vehicles.
BUSINESS WASTE. Material and refuse accumulated by a business in its normal day-to-day course of business.
CABINET. The Natural Resources and Environmental Protection Cabinet.
CLOSURE. The time at which a waste treatment, storage or disposal facility permanently ceases to accept wastes, and includes those actions taken by the owner or operator of the facility to prepare the site for post-closure monitoring and maintenance or to make it suitable for other uses.
COLLECTION. Removal of solid waste from the designated pick-up location to the transfer vehicle. Acceptable collection practices shall consist of the following: door-to-door household collection; and/or direct access to a staffed convenience center or transfer facility.
COLLECTION BOX. An unstaffed receptacle utilized to collect municipal solid waste.
COMMERCIAL SOLID WASTE. All types of solid waste generated by stores, offices, restaurants, warehouses and other services and nonmanufacturing activities, excluding households and industrial solid waste.
COMPOST. Solid waste which has undergone biological decomposition of organic matter, been disinfected using composting or similar technologies, been stabilized to a degree which is potentially beneficial to plant growth and which is approved for use or sale as a soil amendment, artificial topsoil, growing medium amendment or other similar uses.
COMPOSTING. The process by which biological decomposition of organic solid waste is carried out under controlled aerobic conditions and which stabilizes the organic fraction into a material which can easily and safely be stored, handled and used in an environmentally acceptable manner.
(1) Composting may include a process which creates an anaerobic zone within the composting material;
(2) Composting does not include simple exposure of solid waste under uncontrolled conditions resulting in natural decay.
CONSTRUCTION AND DEMOLITION WASTE. Material and refuse accumulated from construction, remodeling, repair, or demolition operations on residential structures, commercial structures, industrial structures, or other similar structures.
CONVENIENCE CENTER. A facility that is staffed during operating hours for the collection and subsequent transportation of municipal solid wastes.
COUNTY. The County of Woodford, Kentucky.
DIRECTOR. The Director of the Solid Waste Management Program of the county shall be the Solid Waste Coordinator/Department Head of the Solid Waste Management/Recycling Department.
DISPOSABLE SOLID WASTE CONTAINER. Disposable plastic or paper sacks with a capacity of 10 to 15 gallons, specifically designed for storage of solid waste.
DISPOSAL. The discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste or hazardous waste into or on any land or water so that the solid waste or hazardous waste or any constituent thereof may enter the environment, be emitted into the air or be discharged into any water, including groundwaters.
DWELLING UNIT. Any room or group of rooms located within a structure and forming a single habitable unit, with facilities which are used or are intended to be used for living, sleeping, cooking and eating.
FIRE HAZARD SEASON. The time periods commencing on February 15 and ending on April 30, and commencing on October 1 and ending on December 15 of each year.
GENERATOR. Any person, by site, whose act or process produces waste.
GOVERNING BODY. A county, a waste management district, an entity created pursuant to the Interlocal Cooperation Act, being KRS 65.245, a taxing district created pursuant to the provisions of KRS 65.180 through 65.192, a special district created pursuant to the provisions of KRS 65.160 through 65.176, or counties acting under contract pursuant to KRS 109.082.
HAZARDOUS WASTE. Any waste or combination of wastes which is determined by the Cabinet because of its quantity, concentration or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed.
HOUSEHOLD SOLID WASTE. Materials and refuse accumulated by a person in the normal day-to-day course of living.
INDUSTRIAL SOLID WASTE. Solid waste generated by manufacturing or industrial processes that is not a hazardous waste or a special waste as designated by KRS 224.50-760, including but not limited to waste resulting from the following manufacturing processes: electric power generation, fertilizer or agricultural chemicals, food and related products or byproducts, inorganic chemicals, iron and steel manufacturing, leather and leather products, nonferrous metals manufacturing/foundries, organic chemicals, plastics and resins manufacturing, pulp and paper industry, rubber and miscellaneous plastic products, stone, glass, clay and concrete products, textile manufacturing, transportation equipment and water treatment.
KEY PERSONNEL. An officer, partner, director, manager or shareholder of 5% or more of stock or financial interest in corporation, partnership or association or parent, subsidiary or affiliate corporation and its officers, directors, shareholders of 5% or more of stock or financial interest.
MATERIALS RECOVERY FACILITY. A solid waste management facility that provides for the extraction, from solid waste, of recyclable materials, materials suitable for use as a fuel or soil amendment, or any combination of those materials.
MUCK. Animal waste, manure, animal urine, straw, grass, hay, legumes of any sort, paper or paper products, sawdust and any and all other material commonly used or that might be used for bedding of horses or any other animals, or used for any other purpose in the keeping of livestock and farm animals on farms or any other place where the same might be used for the keeping of animals.
MULTI-FAMILY RESIDENTIAL UNIT. A housing facility containing more than 1 dwelling unit under 1 roof.
MUNICIPAL SOLID WASTE DISPOSAL FACILITY. Any type of waste site or facility where the final disposition of any amount of municipal solid waste occurs, whether or not mixed with or including other waste allowed under Subtitle D of the Federal Resource Conservation and Recovery Act of 1976, being 42 USC §§ 6941 et seq., as amended; and includes but is not limited to incinerators and waste-to-energy facilities that burn municipal solid waste, and contained and residential landfills; but does not include a waste site or facility which is operated exclusively by a solid waste generator on property owned by the solid waste generator which accepts only industrial solid waste from the solid waste generator or industrial solid waste generated at another facility owned and operated by the generator or wholly-owned subsidiary; or a medical waste incinerator which is owned, operated and located on the property of a hospital or university which is regulated by the Cabinet and used for the purpose of treatment, prior to landfill, of medical waste received from the generator exclusively or in combination with medical waste generated by professionals or facilities licensed, regulated or operated by the Commonwealth.
MUNICIPAL SOLID WASTE REDUCTION. Source reduction, waste minimization, reuse, recycling, composting and materials recovery.
OCCUPANT. Any person who, alone or jointly or severally with others, shall be in actual possession of any dwelling unit or any other improved real property, either as an owner or as a tenant.
OPEN BURN or OPEN BURNING. The burning of any matter that is emitted directly into the outdoor atmosphere and is not directed through a stack or chimney, incinerator, or similar device. The cooking of food in a device such as a grill, smoker, or cooker shall not be deemed an OPEN BURN subject to this chapter.
OPEN DUMP. Any facility on-site for the disposal of solid waste which does not have a valid permit issued by the Cabinet or does not meet the environmental performance standards established under regulations promulgated by the Cabinet.
PERSON. An individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, federal agency, state agency, city, commission, political subdivision of the Commonwealth of Kentucky or any interstate body.
PROCESSING. Burning, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.
PUBLIC NUISANCE. Illegal waste disposal practices that include but are not limited to open burning, open dumps or littering.
RECOVERED MATERIAL. Those materials, including but not limited to compost, which have known current use, reuse or recycling potential, which can be feasibly used, reused or recycled, and which have been diverted or removed from the solid waste stream for sale, use, reuse or recycling, whether or not requiring subsequent separation and processing; but does not include materials diverted or removed for purposes of energy recovery or combustion except refuse-derived fuel (RDF), which shall be credited as a RECOVERED MATERIAL in an amount equal to the percentage of that received on a daily basis at the processing facility and processed into RDF, but not to exceed 15% of the total amount of the municipal solid waste received at the processing facility on a daily basis.
RECOVERED MATERIAL PROCESSING FACILITY. A facility engaged solely in the storage, processing, and resale or reuse of recovered material, but does not mean a solid waste management facility, if solid waste generated by a recovered material processing facility is managed pursuant to KRS Chapter 224 and administrative regulations adopted by the Cabinet.
RECYCLING. Any process by which 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, including refuse-derived fuel when processed in accordance with administrative regulations established by the Cabinet; but does not include the incineration or combustion of materials for the recovery of energy.
REFUSE-DERIVED FUEL. A sized, processed fuel product derived from the extensive separation of municipal solid waste, which includes the extraction of recoverable materials for recycling and the removal of non-processables such as dirt and gravel prior to processing the balance of the municipal solid waste into the REFUSE-DERIVED FUEL product.
RESIDENTIAL DWELLING UNITS. A building or portion thereof, providing complete housekeeping facilities for 1 person or 1 family.
RESIDENTIAL SOLID WASTE. Solid waste resulting from the maintenance of dwelling units.
SANITARY LANDFILL. A permitted facility for the disposal of solid waste which complies with the environmental performance standards specified in 401 KAR 47.030.
SLUDGE. Any solid, semi-solid or liquid waste generated from a municipal, commercial or industrial wastewater treatment plant, water supply treatment plant or air pollution control facility, exclusive of the treated effluent from a wastewater treatment plant or any other such waste having similar characteristics and effects.
SOLID WASTE. Any garbage, refuse, sludge and other discarded material, including solid, liquid, semi-solid or contained gaseous material, resulting from industrial, commercial, construction and demolition operations, mining (excluding coal mining wastes, coal mining byproducts, refuse and overburden) and agricultural operations, and from community activities; but does not include those materials including but not limited to sand, soil, rock, gravel or bridge debris extracted as part of a public road constriction project funded wholly or in part with state funds, recovered material, special wastes as designated by KRS 224.50-760, solid or dissolved material in domestic sewage, manure, crops, crop residue, or a combination thereof, which are placed on the soil for return to the soil as fertilizers or stored for return to the soil as fertilizers or soil conditioners; solid or dissolved material in irrigation return flows; or industrial discharges which are point sources subject to permits under § 402 of the federal Water Pollution Control Act, as amended (86 Stat. 880), or source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954, being 42 USC §§ 2011 et seq., as amended (68 Stat. 923).
SOLID WASTE MANAGEMENT. The administration of solid waste activities: collection, storage, transportation, transfer, processing, treatment and disposal, which shall be in accordance with a Cabinet approved county or multi-county solid waste management plan.
SOLID WASTE MANAGEMENT AREA or AREA. Any geographical area established or designated by the Cabinet in accordance with the provisions of KRS Ch. 224.01.
SOLID WASTE MANAGEMENT FACILITY. Any facility for collection, storage, transportation, transfer, processing, treatment or disposal of solid waste, whether the facility is associated with facilities generating the wastes or otherwise; but does not include a container located on property where solid waste is generated and which is used solely for the purpose of collection and temporary storage of that solid waste prior to off-site disposal, or a recovered material processing facility which is subject to regulation pursuant to Senate Bill 2 for control of environmental impacts and to prevent any public nuisance.
SOLID WASTE MANAGEMENT PLAN. The document submitted by waste management districts, counties or any combination thereof, as required under KRS 224.43-340 and approved by the Cabinet.
SOLID WASTE SITE OR FACILITY. Any place at which solid waste is managed, stored, treated, processed or disposed.
SOLID WASTE STORAGE CONTAINER. Receptacle used by any person to store solid waste during the interval between solid waste generation and collection. A SOLID WASTE CONTAINER is made out of plastic, vinyl or metal, ranging in size from about 10 gallons to 42 cubic yards in volume.
STORAGE. The containment of wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of the wastes.
TRANSFER. The placement of solid waste from smaller collection vehicles into larger vehicles for transportation to intermediate or final disposal facilities.
TRANSFER FACILITY. Any transportation-related facility, including loading docks, parking areas and other similar areas, where shipments of solid waste are held or transferred during the normal course of transportation.
TRANSPORTATION. Any off-site movement of waste by any mode, and any loading, unloading or storage incidental thereto.
TREATMENT. Any method, technique or process including neutralization, designed to change the physical, chemical or biological character or composition of any waste so as to neutralize the waste or so as to render the waste nonhazardous, safer for transport, amenable for recovery, amenable for storage or reduced in volume. The term includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it nonhazardous.
UNIVERSAL COLLECTION. A municipal solid waste collection system which is established by ordinance and approved by the Cabinet, and requires access for each household or solid waste generator in a county.
UNTREATED WOOD. Season, air-dried, clean, and untreated fire wood; does not include wood that has been painted, pigment-stained, or treated. UNTREATED WOOD also does not include wood construction or building materials.
WASTE MANAGEMENT DISTRICT. Any county or group of counties electing to form under the provisions of KRS Chapter 109 and operate in conformance with the provisions of KRS Chapter 109 and with § 4006, Resource Conservation and Recovery Act of 1976, Pub. L. No. 94-580, being 42 USC §§ 6941 et seq. as amended.
WASTE SITE OR FACILITY. Any place where waste is managed, processed or disposed of by incineration, landfilling or any other method, but does not include a container located on property where solid waste is generated and which is used solely for the purpose of collection and temporary storage of that solid waste prior to off-site disposal, or a recovered material processing facility or the combustion of processed waste in a utility boiler.
YARD WASTES. Grass clippings, leaves, tree trimmings or chips created as a byproduct of the trimming.
(Ord. 12-02 § 1, passed 11-12-2002; Am. Ord. 2018-04, passed 6-12-2018)