<div class="chunk-title">Sec. 11-28. - Definitions.</div>
<div class="chunk-content">
            <p class="p0">
               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. Any term not specifically defined in this section shall be defined
               as set forth in the state solid waste management rules, 15 NCAC 13B, Â§ .0101, as amended
               from time to time.
               </p>
            <p class="p0">
               <span class="ital">Bulky waste</span> means large items of solid waste such as household appliances, furniture, automobiles,
               large auto parts, tree branches, stumps and other oversize waste, the large size of
               which precludes or complicates its handling by normal solid waste collection, processing
               or disposal methods.
               </p>
            <p class="p0">
               <span class="ital">Collection</span> means the act of removing solid waste from a point of generation to a central storage
               point or to a disposal site and from a central storage point to a disposal site.
               </p>
            <p class="p0">
               <span class="ital">Collection site</span> means a site used for the storage of solid waste.
               </p>
            <p class="p0">
               <span class="ital">Commercial solid waste</span> means solid waste generated by stores, offices, restaurants, warehouses and other
               nonmanufacturing commercial activities.
               </p>
            <p class="p0">
               <span class="ital">Commercial unit</span> means that portion of real estate, including appurtenances, buildings or parts of
               buildings, over which the proprietor or managing agent of a commercial business or
               operation has control by virtue of ownership, tenancy, franchise or agency as to such
               property.
               </p>
            <p class="p0">
               <span class="ital">Construction and demolition waste</span> means waste building materials, packaging and rubble resulting from construction,
               remodeling, repair and demolition operations on pavements, houses, commercial buildings
               and other structures.
               </p>
            <p class="p0">
               <span class="ital">County manager</span> means the chief administrator of county government as defined in G.S. Â§ 153A-82.
               </p>
            <p class="p0">
               <span class="ital">Covered</span> means to overlay a sheet of material of sufficient size and of sufficient gauge,
               and securing that sheet in place, so as to allow no escape of material.
               </p>
            <p class="p0">
               <span class="ital">Disposal</span> means the discharge, deposit, injection, dumping, spilling, leaking or placing of
               any solid waste into or on any land so that such solid waste or any constituent thereof
               may enter the environment or be emitted into the air or discharged into any water,
               including groundwaters.
               </p>
            <p class="p0">
               <span class="ital">Division of health services</span> means the division of health services of the North Carolina Department of Health
               and Human Services.
               </p>
            <p class="p0">
               <span class="ital">Enclosed</span> means placed in a roofed structure with solid walls and with doors that can be closed
               and latched. For transportation purposes, such structure may include a rigid camper-cover
               on a pickup truck.
               </p>
            <p class="p0">
               <span class="ital">Exterior property</span> means the open space on the premises and on adjoining properties under the control
               of owners and operators of such premises.
               </p>
            <p class="p0">
               <span class="ital">Franchise</span> means a franchise for the exclusive right to commercially collect solid waste as
               described in G.S. Â§ 153A-136(a)(3).
               </p>
            <p class="p0">
               <span class="ital">Garbage</span> means all putrescible waste, including animal offal and carcasses and recognizable
               industrial byproducts, but excluding sewage and human waste.
               </p>
            <p class="p0">
               <span class="ital">Hazardous waste</span> means a solid waste or combination of solid wastes which, because of its quantity,
               concentration or physical, chemical or infectious characteristics, may:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  Cause or significantly contribute to an increase in mortality or an increase in serious
                  irreversible or incapacitating reversible illness; or
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  Pose a substantial present or potential hazard to human health or the environment
                  when improperly treated, stored, transported or disposed of or otherwise managed.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Health director</span> means the director of the county health department.
               </p>
            <p class="p0">
               <span class="ital">Industrial solid waste</span> means solid waste generated by industrial processes and manufacturing.
               </p>
            <p class="p0">
               <span class="ital">Infectious waste</span> means a solid waste capable of producing an infectious disease. The types of waste
               designated as infectious are microbiological waste, pathological waste, blood products,
               and sharps.
               </p>
            <p class="p0">
               <span class="ital">Institutional solid waste</span> means solid waste generated by educational, health care, correctional and other institutional
               facilities.
               </p>
            <p class="p0">
               <span class="ital">License</span> means a license to commercially collect or dispose of solid waste as described in
               G.S. Â§ 153A-136(2).
               </p>
            <p class="p0">
               <span class="ital">Premises</span> means a definite portion of real estate, including land with its appurtenances, a
               building, or part of a building.
               </p>
            <p class="p0">
               <span class="ital">Putrescible waste</span> means solid waste capable of being decomposed by microorganisms with sufficient rapidity
               as to cause nuisances from odors and gases, such as kitchen wastes, offal and carcasses.
               </p>
            <p class="p0">
               <span class="ital">Radioactive waste material</span> means any waste containing radioactive material as defined in G.S. Â§ 104E-5(14).
               </p>
            <p class="p0">
               <span class="ital">Recycling</span> means the process by which recovered resources are transformed into new products
               in such a manner that the original products lose their identity.
               </p>
            <p class="p0">
               <span class="ital">Refuse</span> means all nonputrescible waste.
               </p>
            <p class="p0">
               <span class="ital">Residential curbside solid waste</span> means useless, unwanted, or discarded nonhazardous materials (refuse or garbage)
               with insufficient liquid content to be free-flowing that come from a dwelling where
               a person or group of people live, and which is capable of being collected on a weekly
               basis by a franchised solid waste collector.
               </p>
            <p class="p0">
               <span class="ital">Residential unit</span> means that portion of land, including appurtenances, buildings or parts of buildings,
               over which the resident has control by virtue of ownership of such property or by
               being the occupant, tenant or lessee of such property.
               </p>
            <p class="p0">
               <span class="ital">Rubbish</span> means combustible and noncombustible waste materials, except garbage; the term shall
               include the residue from the burning of wood, coal, coke and other combustible materials;
               paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard
               trimmings, tin cans, metals, glass, crockery, furniture, appliances; or dismantling,
               demolition or abandonment of three or more automobiles, vehicles, boats, mobile homes,
               machinery or parts thereof.
               </p>
            <p class="p0">
               <span class="ital">Scrap tire</span> means a tire that is no longer suitable for its original, intended purpose because
               of wear, damage or defect.
               </p>
            <p class="p0">
               <span class="ital">Secured</span> means to be held in place. Holding a sheet of material or holding bulky waste (white
               goods, lumber, pallets, crates) or a container top in place shall be by rope, cord,
               wire, tie-downs, hooks, latches, or like means. Holding containers or loose material
               in place shall be by having latched container top on the containers or an object of
               sufficient size and weight on top of the material so as to prevent escape of that
               material.
               </p>
            <p class="p0">
               <span class="ital">Solid waste</span> means 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 that has served its original intended
               use and is generally discarded, including solid, liquid, semisolid or contained gaseous
               material resulting from industrial, institutional, commercial and agricultural operations,
               and from community activities. The term does not include:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  Fowl and animal fecal waste;
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  Solid or dissolved material in:
                  </p>
               		
               <p class="incr2">
                  a.
                  </p>
               		
               <p class="content3">
                  Domestic sewage and sludges generated by the treatment thereof in sanitary sewage
                  collection, treatment and disposal systems which are designed to discharge the effluents
                  to surface waters;
                  </p>
               		
               <p class="incr2">
                  b.
                  </p>
               		
               <p class="content3">
                  Irrigation return flows; and
                  </p>
               		
               <p class="incr2">
                  c.
                  </p>
               		
               <p class="content3">
                  Wastewater discharges and the sludges incidental thereto and generated by the treatment
                  thereof which are point sources subject to permits granted under section 402 of the
                  federal Water Pollution Control Act (Public Law 92-500), as amended, and permits granted
                  under G.S. Â§ 143-215.1 by the environmental management commission; except that any
                  sludges that meet the criteria for hazardous waste under the Federal Resource Conservation
                  and Recovery Act (Public Law 94-580), as amended, shall also be a solid waste for
                  the purposes of this article;
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  Oils and other liquid hydrocarbons controlled under G.S. Ch. 143, Art. 21A; except
                  that any such oils or other liquid hydrocarbons that meet the criteria for hazardous
                  waste under the Federal Resource Conservation and Recovery Act (Public Law 94-580),
                  as amended, shall also be a solid waste for the purposes of this article;
                  </p>
               		
               
               <p class="incr1">
                  (4)
                  </p>
               		
               <p class="content2">
                  Any radioactive material as defined by the State Radiation Protection Act, G.S. Â§Â§
                  104E-1â€”104E-23; or
                  </p>
               		
               
               <p class="incr1">
                  (5)
                  </p>
               		
               <p class="content2">
                  Mining refuse covered by the State Mining Act, G.S. Â§Â§ 74-46â€”74-68, and regulated
                  by the state mining commission as defined under G.S. Â§ 143B-290; except that any specific
                  mining waste that meets the criteria for hazardous waste under the Federal Resource
                  Conservation and Recovery Act (Public Law 94-580), as amended, shall also be a solid
                  waste for the purposes of this article.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Solid waste collector</span> means any person who collects or transports solid waste by whatever means, including,
               but not limited to, highway, rail and navigable waterway.
               </p>
            <p class="p0">
               <span class="ital">Solid waste director</span> means the county's solid waste director, who is appointed by the county manager.
               If at any time the county does not have a solid waste director, any duties or rights
               assigned to the solid waste director shall be exercised by the county manager or his
               designee.
               </p>
            <p class="p0">
               <span class="ital">Solid waste disposal site</span> or <span class="ital">site</span> means any place at which solid wastes are disposed of by incineration, sanitary landfill,
               demolition landfill or any other acceptable method.
               </p>
            <p class="p0">
               <span class="ital">Solid waste receptacle</span> means a large metal container used for the temporary storage of solid waste and capable
               of being automatically emptied into collection vehicles.
               </p>
            <p class="p0">
               <span class="ital">Tire</span> means a continuous solid or pneumatic rubber covering encircling the wheel of a motor
               vehicle or farm machine.
               </p>
            <p class="p0">
               <span class="ital">Yard waste</span> means grass, leaves, flowers, stalks, stems, tree trimmings, branches, and tree trunks.
               </p>
            <p class="historynote0">
               (Ord. No. 89-02, Â§ 3, 6-5-89; Amd. of 6-17-91, No. 1; Amd. of 2-4-03; Amd. of 6-6-06(1);
               Amd. of 9-4-07; Ord. of 10-3-20(1), Â§ 5; Ord. of 6-21-22(1), Â§ 1)
               </p>
            <p class="refcross0" block_type="hang"><b>Cross referenceâ€” </b>
               Definitions and rules of construction generally, <a href="" data-chunk-id="COOR_CH1GEPR_S1-2DERUCO" class="section-link" data-product-id="12207">Â§ 1-2</a>.
               </p></div>