§ 38-125. 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:

Biological waste means solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biomedical waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals. The term "biological waste" does not include human remains that are disposed of by persons licensed under F.S. ch. 470.

Building means any structure, whether temporary or permanent, built for the support, shelter or enclosure of persons, chattel or property of any kind.

Bulk container means any portable non-absorbent water-resistant container equipped with or without water-resistant lid or cover and approved by the county administrator or his designee.

Collection means the process whereby solid waste and recyclable materials are removed from improved property and transported to a solid waste disposal facility or other solid waste management or recycling facility.

Commercial property means all improved property other than residential property.

Construction and demolition debris means discarded materials generally considered to be not water-soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and including rocks, soils, tree remains, trees, and other vegetative matter (land clearing debris) that normally results from land clearing or land development operations for a construction project, including such debris from construction of structures at a site remote from the construction or demolition project site. Mixing of construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris. The term "construction and demolition debris" also includes:

(1)

Clean cardboard, paper, plastic, wood and metal scraps from a construction project;

(2)

Except as provided in F.S. § 403.707(12)(j), unpainted, nontreated wood scraps from facilities manufacturing materials used for construction of structures or their components and unpainted, nontreated wood pallets; provided the wood scraps and pallets are separated from other solid waste where generated and the generator of such wood scraps or pallets implements reasonable practices of the generating industry to minimize the commingling of wood scraps or pallets with other solid waste; and

(3)

De minimis amounts of other nonhazardous wastes that are generated at construction or destruction projects; provided such amounts are consistent with best management practices of the industry.

County administrator means the chief executive officer of the county or the designee or designees of the county administrator which shall represent the county in the administration and supervision of this article.

County service area means the unincorporated area of the county.

Duplex means a building that contains two dwelling units.

Dwelling unit shall mean a building, or a portion thereof, which is lawfully used for residential purposes, consisting of one or more rooms arranged, designed, used, or intended to be used as living quarters for one family only.

Fiscal year means that period beginning October 1 of each year and ending on September 30 of the subsequent year.

Hazardous waste means solid waste, or a combination of solid wastes, which, 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 may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed. The term "hazardous waste" does not include human remains that are disposed of by persons licensed under F.S. ch. 470.

Improved property means all property within the county on which a building or other improvements, including, but not limited to, facilities providing retail electrical service to such property have been placed or constructed, which improvements result in such property generating solid waste or being capable of generating solid waste.

Land clearing debris means vegetative matter resulting from a comprehensive land clearing operation, but does not include yard trash.

Mobile home means manufactured homes, trailers, campers and recreational vehicles.

Owner-contractor means the contractor, only if the solid waste collection service and recyclable materials collection service delivered by the contractor is limited to property owned by the contractor.

Public entity crime means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity in the state or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentation.

Recovered materials means metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered materials as described above are not solid waste.

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

Recyclable materials collection service means the collection of recyclable materials.

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.

Recycling bin means two 12-gallon stackable bins suitable for temporary storage of recyclable materials, the first of which shall be green for newspapers, and the second of which shall be blue for other commingled recyclable materials.

Recycling container means:

(1)

A 90-gallon hinged lid container;

(2)

A front-end load container with a storage capacity between one cubic yard and eight cubic yards; or

(3)

Such other storage container as may be mutually agreed upon among the county, the contractor and any individual customer.

Recycling minibin means a bin with a volume of not less than ten gallons that is suitable for temporary storage of recyclable materials.

Regulated contractor means a collection contractor that has a current service agreement with the county.

Residential property means each parcel of improved property on which a single-family residence, mobile home, duplex or triplex is located; provided, however, that residential property does not include any parcel of property on which a mobile home is located that is:

(1)

Classified as either "RMH-5" or "PUD" under the county's zoning regulations; or

(2)

Classified as "PUD" or as a conditional use under R-4A" or "R-5" under the zoning regulations of the City of Fort Pierce.

Roll-off container means any non-absorbent water-resistant container equipped with or without water-resistant lid or cover and approved by the county administrator or his designee.

Rural service area means that portion of the unincorporated area of the county located outside of the urban service area.

Service agreement means an agreement between the board and one or more collection contractors on such terms as the board deems appropriate. Such an agreement shall be in writing and provide for either the exclusive or non-exclusive collection of solid waste and recyclable materials in one or more of the service areas designated by the board.

Service area means areas in which a regulated contractor is authorized to provide exclusive service to residential property pursuant to a solid waste collection agreement.

Single-family residence means a building that contains a single dwelling unit.

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 this section, are not solid waste.

Solid waste collection service means the collection of solid waste.

Solid waste disposal facility means any solid waste 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 waste.

Standard container means any commonly available light gauge steel, plastic, or galvanized water-resistant receptacle of a non-absorbent material, closed at one end and open at the other, furnished with a closely fitted water-resistant top or lid and handles, or a heavy duty, securely tied, plastic bag designed for use as a garbage receptacle. A standard container should not exceed 32 gallons in capacity, unless the contractor implements an automated or semi-automated collection system, with the prior written approval of the county, requiring the use of some other standard receptacle compatible with the contractor's uniform equipment.

Triplex means a building that contains three dwelling units.

Urban service area means that portion of the unincorporated area of the county lying to the east of the following described line:

Begin at the point Interstate 95 enters the county from Indian River County and run southerly along Interstate 95 to Angle Road; then run westerly along Angle Road to Florida's Turnpike; then run southerly along Florida's Turnpike to Picos Road; then run westerly along Picos Road to Gentile Road; then run southerly along Gentile Road to Okeechobee Road; then run easterly along Okeechobee Road to Florida's Turnpike; then run southerly along Florida's Turnpike to Interstate 95; then run southerly along Interstate 95 to Glades Cutoff Road; then run westerly along Glades Cutoff Road to C-24 Canal; then run southerly along C-24 Canal to Juliette Avenue; then run westerly along Juliette Avenue to Salvatierra Boulevard; then run southerly along Salvatierra Boulevard to Tanforan Boulevard; then run easterly along Tanforan Boulevard to Interstate 95; then run southerly along Interstate 95 to the point at which it enters Martin County.

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, § 1-9-51; Ord. No. 93-16, § 1.01, 5-11-1993; Ord. No. 03-22, pt. D, 8-12-2003)