§ 38-95. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Clean debris means any solid waste which is virtually inert and which is not a pollution threat to groundwater or surface waters and is not a fire hazard and which is likely to retain its physical and chemical structure under expected conditions of disposal or use. The term "clean debris" includes uncontaminated concrete, including embedded pipe or steel, brick, glass and ceramics.

Garbage means all kitchen and table food waste, animal or vegetable waste that is attendant with or results from the storage, preparation, cooking or handling of food materials.

Hauler means the person who currently collects solid waste as their primary business or occupation from the owner or occupant for disposal at a solid waste disposal or recycling facility.

Occupant means the persons occupying property, either the owner or other than the owner of such property if such person occupies the property with the express or implied consent of such owner.

Owner means persons owning property.

Recyclable materials means those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste.

Recycling means 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.

Solid waste means sludge unregulated under the Federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility or garbage, rubbish, refuse, special waste or other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. Recovered materials, as defined in section 38-125, are not solid waste.

Solid waste disposal facility means any solid waste disposal management facility which is the final resting place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating municipal solid waste.

Special waste means solid waste that can require special handling and management, including, but not limited to, white goods, waste tires, used oil, lead-acid batteries, construction and demolition debris, ash residue and yard trash and biological wastes.

Unsanitary nuisance means the commission of any act or the giving of the permission for the commission of any act or the keeping, maintaining, propagating or permitting the existence of any solid waste by any person by which health or life may be threatened or impaired or by which disease may be caused. The keeping of the following materials on any real property shall be considered an unsanitary nuisance: untreated and improperly treated human waste, dead animals or dangerous waste materials resulting from manufacturing processes or pollutant gases and noxious odors which are harmful to health or to human and animal life. The creation, maintenance or causing of any condition capable of harboring, attracting or breeding flies, mosquitoes or other arthropods and rodents capable of physical harm and transmitting diseases directly or indirectly to humans shall also be considered an unsanitary nuisance.

White goods means inoperative and discarded refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances.

Yard trash means vegetative matter resulting from landscaping maintenance and noncomprehensive land clearing operations.

(Code 1982, § 1-9-30; Ord. No. 90-40, pt. A, 9-4-1990; Ord. No. 91-27, pt. A, 12-17-1991; Ord. No. 03-22, pt. A, 8-12-2003)