<div class="chunk-title">Sec. 32-51. - Definitions.</div>
<div class="chunk-content">
            <p class="p0">
               The following terms used in this article have the meanings indicated in this section
               unless the context of this article clearly requires otherwise:
               </p>
            <p class="p0">
               <span class="ital">Agreement</span> means this solid waste franchise agreement.
               </p>
            <p class="p0">
               <span class="ital">Board</span> means the Board of Commissioners of Craven County.
               </p>
            <p class="p0">
               <span class="ital">CRSWMA</span> means the Coastal Regional Solid Waste Management Authority.
               </p>
            <p class="p0">
               <span class="ital">Cart/container</span> means a receptacle for the storage and collection of solid waste pursuant to this
               article. Additionally, the container may be used to store solid waste collection bags
               and may hold 33, 64 and 90 gallons by volume or 50, 100 and 150 pounds by weight respectively.
               </p>
            <p class="p0">
               <span class="ital">Collection</span> means the act of removing solid waste or recyclable solid waste materials 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">Contractor</span> means the person to whom a franchise is granted hereunder.
               </p>
            <p class="p0">
               <span class="ital">Convenience centers</span> means an area designated by the county and staffed by employees for receipt of solid
               waste and specified recyclable solid waste materials.
               </p>
            <p class="p0">
               <span class="ital">County</span> means and refers to Craven County, North Carolina, a body politic and corporate of
               the State of North Carolina.
               </p>
            <p class="p0">
               <span class="ital">Curbside</span> means the location adjacent to but no more than ten feet from the edge of a roadway
               providing access to a residence or hand commercial establishment.
               </p>
            <p class="p0">
               <span class="ital">Customer</span> means the beneficiary of curbside collection services provided by a franchisee including,
               but not limited to, residences and hand commercial establishments.
               </p>
            <p class="p0">
               <span class="ital">Director</span> means the county's solid waste director or other person designated by the board.
               </p>
            <p class="p0">
               <span class="ital">Dumpster</span> means stationary solid waste containers which require mechanical pick-up by customized
               loading vehicles, including roll-off containers, which involve the collection of industrial
               and/or construction debris.
               </p>
            <p class="p0">
               <span class="ital">Effective date</span> means and refers to the effective date of a franchise granted hereunder.
               </p>
            <p class="p0">
               <span class="ital">Extra services</span> means solid waste collection services rendered in addition to once-per-week curbside
               collection. These services may include any service relating to the collection of solid
               waste, but not recyclable solid waste which may be agreed upon between the franchisee
               and any customer authorized to receive such solid waste collection services from the
               franchisee pursuant to this franchise agreement.
               </p>
            <p class="p0">
               <span class="ital">Flat fee customer</span> means any county resident who wishes to contract solid waste services, rather than
               using solid waste disposal stickers, with his or her designated franchisee for a fee.
               </p>
            <p class="p0">
               <span class="ital">Franchise area</span> means specified areas of the county granted to franchisees for the collection of
               solid waste or recyclable solid waste materials pursuant to [division 2 of this article].
               </p>
            <p class="p0">
               <span class="ital">Franchisee</span> means a person who has been granted a franchise for the collection of solid waste
               or recyclable solid waste materials pursuant to [division 2 of this article].
               </p>
            <p class="p0">
               <span class="ital">Hand commercial establishment</span> means any commercial entity disposing of less than three cubic yards of solid waste
               per week or receiving solid waste collection service under this franchise, but not
               dumpster service, or any multifamily residential building not receiving dumpster service.
               </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:
               
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                  a.
                  </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>
               		
               
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                  b.
                  </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">Industrial solid waste</span> means solid waste generated by manufacturing or industrial processes that is not
               hazardous waste.
               </p>
            <p class="p0">
               <span class="ital">Landfill</span> means the Coastal Regional Solid Waste Landfill, located at Tuscarora, Craven County,
               North Carolina.
               </p>
            <p class="p0">
               <span class="ital">Ordinance</span> means <a href="" data-chunk-id="CD_ORD_CH32SOWA" class="section-link" data-product-id="14528">chapter 32</a> of this Code (solid waste), as may be amended from time to time.
               </p>
            <p class="p0">
               <span class="ital">Person</span> means an individual, corporation, company, association, partnership, limited liability
               company, unit of local government, state agency, federal agency or other legal entity.
               </p>
            <p class="p0">
               <span class="ital">Private drive</span> means a vehicular access serving one single-family residence.
               </p>
            <p class="p0">
               <span class="ital">Recyclable solid waste material</span> means those materials which are capable of being recycled and which would otherwise
               be processed or disposed of as solid waste. These items include, but are not necessarily
               limited to, newspaper (with inserts), aluminum cans and aluminum foil products, PETE
               and HDPE (#1 and #2) plastic containers including natural and pigmented containers
               such as blue, white and red colored plastics, clear, green and brown glass containers,
               corrugated cardboard (OCC) steel food cans, steel aerosol cans and steel paint cans.
               </p>
            <p class="p0">
               <span class="ital">Recycling</span> 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.
               </p>
            <p class="p0">
               <span class="ital">Recycling container</span> means a container provided by the county or its designee for collection of specified
               recyclable solid waste materials or any container used by a residence or hand commercial
               establishment and clearly designated to contain such specified recyclable solid waste
               materials.
               </p>
            <p class="p0">
               <span class="ital">Residence</span> means any single family dwelling, household or unit.
               </p>
            <p class="p0">
               <span class="ital">Roadway</span> means a common vehicular means of access to three or more customers connected to
               a state or municipal road and which is reasonably accessible by solid waste collection
               vehicles, taking into consideration roadway surface conditions and turnaround space
               for the vehicles.
               </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 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">
                  a.
                  </p>
               		
               <p class="content2">
                  Fecal waste from fowls and animals other than humans.
                  </p>
               		
               
               <p class="incr1">
                  b.
                  </p>
               		
               <p class="content2">
                  Solid or dissolved material in:
                  </p>
               		
               <p class="incr2">
                  1.
                  </p>
               		
               <p class="content3">
                  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.
                  </p>
               		
               <p class="incr2">
                  2.
                  </p>
               		
               <p class="content3">
                  Irrigation return flows.
                  </p>
               		
               <p class="incr2">
                  3.
                  </p>
               		
               <p class="content3">
                  Wastewater discharges and the sludges incidental to and generated by treatment which
                  are point sources subject to permits granted under Section 402 of the Water Pollution
                  Control Act, as amended (P.L. 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
                  article.
                  </p>
               		
               
               <p class="incr1">
                  c.
                  </p>
               		
               <p class="content2">
                  Oils and other liquid hydrocarbons controlled under G.S. ch. 143, art. 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 article.
                  </p>
               		
               
               <p class="incr1">
                  d.
                  </p>
               		
               <p class="content2">
                  Any source, special nuclear or byproduct material as defined by the Atomic Energy
                  Act of 1954, as amended (42 U.S.C. Â§ 2011).
                  </p>
               		
               
               <p class="incr1">
                  e.
                  </p>
               		
               <p class="content2">
                  Mining refuse covered by the North Carolina Mining Act, G.S. 74-46 through 74-68 and
                  regulated by the state 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 article.
                  </p>
               		
               
               <p class="incr1">
                  f.
                  </p>
               		
               <p class="content2">
                  Recovered material.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Solid waste collection bag</span> means a bag designated for collection of solid waste pursuant to this article with
               a capacity not to exceed 33 gallons by volume and 50 pounds by weight.
               </p>
            <p class="p0">
               <span class="ital">Solid waste collection sticker</span> means a perforated adhesive sticker authorized for use by the county to be placed
               on solid waste collection bags or containers indicating that it is permissible for
               such bag or container, with a sticker attached, to be collected by a franchisee or
               received at a staffed convenience center for disposal. One, two and three stickers
               are required for 33, 64 and 90 gallons by volume and up to 50, 100 and 150 pounds
               by weight respectively.
               </p>
            <p class="p0">
               <span class="ital">Solid waste franchise area map</span> means a map maintained by the county and indicating specified areas within the county
               for collection of solid waste or recyclable solid waste by franchisees.
               </p>
            <p class="historynote0">
               (Code 1984, Â§ 13-36; Ord. of 5-7-2001, art. I; Ord. of 6-15-2009, Â§ I)
               </p></div>