<div class="chunk-title">Sec. 62-4. - Definitions.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               The following words, terms and phrases, when used in this chapter, shall have the
               meanings ascribed to them in this section, except where the context clearly indicates
               a different meaning:
               </p>
            		
            <p class="p0">
               <span class="ital">Board</span> means the Board of Commissioners of Wayne County.
               </p>
            <p class="p0">
               <span class="ital">Closure</span> means the cessation of operation of a solid waste management facility and the act
               of securing the facility so that it will pose no significant threat to human health
               or the environment.
               </p>
            <p class="p0">
               <span class="ital">Collection</span> means the act of removing solid wastes 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">Commercial</span>, when applied to a hazardous waste facility, means a hazardous waste facility that
               accepts hazardous waste from the general public or from another facility for a fee.
               </p>
            <p class="p0">
               <span class="ital">Construction or demolition landfill</span> means a sanitary landfill that is limited to receiving stumps, limbs, leaves, concrete,
               brick, wood, uncontaminated earth or other solid wastes as approved by the department.
               </p>
            <p class="p0">
               <span class="ital">County</span> means Wayne County, North Carolina.
               </p>
            <p class="p0">
               <span class="ital">Department</span> means the Department of Environment, Health and Natural Resources (DEHNR).
               </p>
            <p class="p0">
               <span class="ital">Designated local government</span> means a unit of local government which holds a permit issued by the department pursuant
               to G.S. 130A-291(b) to operate a solid waste management facility.
               </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 or water so that the solid waste may enter the
               environment or be emitted into the air or discharged into any waters, including groundwaters.
               </p>
            <p class="p0">
               <span class="ital">Garbage</span> means all putrescible wastes, 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, disposed of or otherwise managed.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Hazardous waste disposal facility</span> means any facility or any portion of a facility for disposal of hazardous waste on
               or in any land.
               </p>
            <p class="p0">
               <span class="ital">Hazardous waste facility</span> means a facility for the collection, storage, processing, treatment, recycling, recovery,
               or disposal of hazardous waste.
               </p>
            <p class="p0">
               <span class="ital">Hazardous waste generation</span> means the act or process of producing hazardous waste.
               </p>
            <p class="p0">
               <span class="ital">Health director</span> means the director of the county health department or his authorized representative.
               </p>
            <p class="p0">
               <span class="ital">Inert debris</span> means solid waste which consists solely of material that is virtually inert and that
               is likely to retain its physical and chemical structure under expected conditions
               of disposal.
               </p>
            <p class="p0">
               <span class="ital">Infectious waste</span> means:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  Equipment, instruments, utensils, and fomites of a disposable nature from the rooms
                  of patients who are suspected to have or have been diagnosed as having a communicable
                  disease and must therefore be isolated as required by public health agencies;
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  Laboratory wastes, such as pathological specimens (e.g., all tissues, specimens of
                  blood elements, excreta, and secretions from patients or laboratory animals) and disposable
                  fomites (any substance that may harbor or transmit pathogenic organisms) attendant
                  thereto;
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  Surgical operating room pathologic specimens and disposable fomites attendant thereto,
                  and similar disposable materials from outpatient areas and emergency rooms.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Land-clearing debris</span> means solid waste which is generated solely from land-clearing activities.
               </p>
            <p class="p0">
               <span class="ital">Landfill manager</span> means the manager of the county solid waste department or his authorized representative.
               </p>
            <p class="p0">
               <span class="ital">Manager</span> means the county manager or his designee.
               </p>
            <p class="p0">
               <span class="ital">Manifest</span> means the form used for identifying the quantity, composition, origin, routing and
               destination of hazardous waste during its transportation from the point of generation
               to the point of disposal, treatment or storage.
               </p>
            <p class="p0">
               <span class="ital">Medical waste</span> means any solid waste which is generated in the diagnosis, treatment, or immunization
               of human beings, or animals in research pertaining thereto, or in the production or
               testing of biologicals, but does not include any hazardous waste identified or listed
               pursuant to this article, radioactive waste, household waste as defined in 40 CFR
               261.4(b)(1) in effect on July 1, 1989, or those substances excluded from the definition
               of "solid waste" in this section.
               </p>
            <p class="p0">
               <span class="ital">Natural resources</span> means all materials which have useful physical or chemical properties which exist,
               unused, in nature.
               </p>
            <p class="p0">
               <span class="ital">Open dump</span> means a solid waste disposal site which is not a sanitary landfill or demolition
               landfill.
               </p>
            <p class="p0">
               <span class="ital">Operator</span> means any person, including the owner, who is principally engaged in, and is in charge
               of, the actual operation, supervision, and maintenance of a solid waste management
               facility and includes the person in charge of a shift or periods of operation during
               any part of the day.
               </p>
            <p class="p0">
               <span class="ital">Person</span> means an individual, corporation, company, association, partnership, unit of local
               government, state agency, federal agency or other legal entity.
               </p>
            <p class="p0">
               <span class="ital">Processing</span> means any technique designed to change the physical, chemical, or biological character
               or composition of any solid waste so as to render it safe for transport; amenable
               to recovery, storage or recycling; safe for disposal; or reduced in volume or concentration.
               </p>
            <p class="p0">
               <span class="ital">Radioactive waste</span> means any wastes that emit ionizing radiation spontaneously.
               </p>
            <p class="p0">
               <span class="ital">RCRA</span> means the Resource Conservation and Recovery Act of 1976, Pub. L. 94-580, 90 Stat.
               2795, 42 USC 6901 et seq., as amended.
               </p>
            <p class="p0">
               <span class="ital">Recovered materials</span> means those materials which have known recycling potential, can be feasibly recycled,
               and have been diverted or removed from the solid waste stream for sale, use, or reuse
               by separation, collection, or processing.
               </p>
            <p class="p0">
               <span class="ital">Recyclable material</span> means those materials which are capable of being recycled and which would otherwise
               be processed or disposed of as solid waste.
               </p>
            <p class="p0">
               <span class="ital">Recycling</span> means any process by which solid waste, or materials which would otherwise become
               solid waste, is 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 and convenience center</span> means any site designated, operated and maintained by Wayne County for the purpose
               of collecting solid waste and recyclables.
               </p>
            <p class="p0">
               <span class="ital">Refuse</span> means all nonputrescible waste.
               </p>
            <p class="p0">
               <span class="ital">Resource recovery</span> means the process of obtaining material or energy resources from discarded solid
               waste which no longer has any useful life in its present form and preparing the solid
               waste for recycling.
               </p>
            <p class="p0">
               <span class="ital">Reuse</span> means a process by which resources are reused or rendered usable.
               </p>
            <p class="p0">
               <span class="ital">Sanitary landfill</span> means a facility for disposal of solid waste on land in a sanitary manner in accordance
               with the rules concerning sanitary landfills adopted under this article.
               </p>
            <p class="p0">
               <span class="ital">Septage</span> means solid waste that is a fluid mixture of untreated and partially treated sewage
               solids, liquids and sludge of human or domestic origin which is removed from a septic
               tank system.
               </p>
            <p class="p0">
               <span class="ital">Septage management firm</span> means a person engaged in the business of pumping, transporting, storing, treating
               or disposing of septage. The term does not include public or community sanitary sewage
               systems that treat or dispose of septage.
               </p>
            <p class="p0">
               <span class="ital">Sludge</span> means any solid, semisolid or liquid waste generated from a municipal, commercial,
               institutional or industrial wastewater treatment plant, water supply treatment plant
               or air pollution control facility, or any other waste having similar characteristics
               and effects.
               </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">
                  (1)
                  </p>
               		
               <p class="content2">
                  Fecal waste from fowl and animals other than humans;
                  </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 treatment thereof in sanitary sewage collection,
                  treatment and disposal systems which are designed to discharge effluents to the 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 to and generated by treatment which
                  are point sources subject to permits granted under section 402 of the Water Pollution
                  Control Act, as amended (Pub. 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">
                  (3)
                  </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">
                  (4)
                  </p>
               		
               <p class="content2">
                  Any source, special nuclear or byproduct material as defined by the Atomic Energy
                  Act of 1954, as amended (42 USC 2011);
                  </p>
               		
               
               <p class="incr1">
                  (5)
                  </p>
               		
               <p class="content2">
                  Mining refuse covered by the North Carolina Mining Act, G.S. 74-46 through 74-68 and
                  regulated by the North Carolina 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="p0">
               <span class="ital">Solid waste disposal site</span> means any place at which solid wastes are disposed of by incineration, sanitary landfill
               or any other method.
               </p>
            <p class="p0">
               <span class="ital">Solid waste generation</span> means the act or process of producing solid waste.
               </p>
            <p class="p0">
               <span class="ital">Solid waste management</span> means purposeful, systematic control of the generation, storage, collection, transport,
               separation, treatment, processing, recycling, recovery and disposal of solid waste.
               </p>
            <p class="p0">
               <span class="ital">Solid waste management facility</span> means land, personnel and equipment used in the management of solid waste.
               </p>
            <p class="p0">
               <span class="ital">Solid waste manager</span> means the manager of the county solid waste department.
               </p>
            <p class="p0">
               <span class="ital">Special wastes</span> means solid wastes that can require special handling and management, including white
               goods, whole tires, used oil, lead-acid batteries, asbestos, medical wastes and household
               hazardous wastes.
               </p>
            <p class="p0">
               <span class="ital">Storage</span> means the containment of solid waste, either on a temporary basis or for a period
               of years, in a manner which does not constitute disposal.
               </p>
            <p class="p0">
               <span class="ital">Treatment</span> means any method, technique or process, including neutralization, designed to change
               the physical, chemical or biological character or composition of any hazardous waste
               so as to neutralize such waste or to render such waste nonhazardous, safer for transport,
               amenable for recovery, amenable for storage or reduced in volume. The term "treatment"
               includes any activity or processing designed to change the physical form or chemical
               composition of hazardous waste so as to render it nonhazardous.
               </p>
            <p class="p0">
               <span class="ital">Unit of local government</span> means a county, city, town or incorporated village.
               </p>
            <p class="p0">
               <span class="ital">White goods</span> includes inoperative and discarded refrigerators, ranges, water heaters, freezers,
               and other similar domestic and large commercial appliances.
               </p>
            <p class="p0">
               <span class="ital">Yard waste</span> means solid waste consisting solely of vegetative matter resulting from landscaping
               maintenance.
               </p>
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               The following definitions shall apply in the interpretation and enforcement of this
               chapter as it relates to oil and used oil:
               </p>
            		
            <p class="p0">
               <span class="ital">Public used oil collection center</span> means:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  Automotive service facilities or governmentally sponsored collection facilities which,
                  in the course of business, accept for disposal small quantities of used oil from households;
                  and
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  Facilities which store used oil in aboveground tanks which are approved by the department
                  and which, in the course of business, accept for disposal small quantities of used
                  oil from households.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Used oil</span> means any oil which has been refined from crude oil or synthetic oil and, as a result
               of use, storage, or handling, has become unsuitable for its original purpose due to
               the presence of impurities or loss of original properties, but which may be suitable
               for further use and is economically recyclable.
               </p>
            <p class="p0">
               <span class="ital">Used oil recycling facility</span> means any facility that recycles more than 10,000 gallons of used oil annually.
               </p>
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               Unless a different meaning is required by the context, the following definitions shall
               apply throughout this chapter as it relates to the collection, storage and disposal
               of tires and scrap tires:
               </p>
            		
            <p class="p0">
               <span class="ital">Collection site</span> means a site used for the storage of scrap tires.
               </p>
            <p class="p0">
               <span class="ital">Disposal fee</span> means any amount charged by a tire collector, tire processor, or unit of local government
               in exchange for accepting scrap tires.
               </p>
            <p class="p0">
               <span class="ital">In-county scrap tire</span> means any scrap tire brought for disposal from inside the county in which the collection
               or processing site is located.
               </p>
            <p class="p0">
               <span class="ital">Out-of-county scrap tire</span> means any scrap tire brought for disposal from outside the county in which the collection
               or processing site is located.
               </p>
            <p class="p0">
               <span class="ital">Processing site</span> means a site actively used to produce or manufacture usable materials, including
               fuel, from scrap tires. Commercial enterprises processing scrap tires shall not be
               considered solid waste management facilities insofar as the provisions of G.S. 130A-294(a)(4)
               and G.S. 130A-294(b) are concerned.
               </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">Stockpile-stockpile tires</span> means that more than ten scrap tires are being kept on the same parcel or lot of
               land.
               </p>
            <p class="p0">
               <span class="ital">Tire</span> means a continuous solid or pneumatic rubber covering encircling the wheel of a motor
               vehicle as defined in G.S. 20-4.01(23).
               </p>
            <p class="p0">
               <span class="ital">Tire collector</span> means a person who owns or operates a site used for the storage, collection, or deposit
               of more than 50 scrap tires. This definition shall exclude an individual who is collecting
               tires under the authority of G.S. 130A-309.60(c)(5).
               </p>
            <p class="p0">
               <span class="ital">Tire hauler</span> means a person engaged in the picking up or transporting of scrap tires for the purpose
               of storage, processing, or disposal.
               </p>
            <p class="p0">
               <span class="ital">Tire processor</span> means a person who engages in the processing of scrap tires or one who owns or operates
               a tire processing site.
               </p>
            <p class="p0">
               <span class="ital">Tire retailer</span> means a person who engages in the retail sale of a tire in any quantity for any use
               or purpose by the purchaser other than for resale.
               </p>
            <p class="historynote0">
               (Ord. of 12-3-1991, art. V)
               </p></div>