<div class="chunk-title">Sec. 44-1. - Definitions.</div>
<div class="chunk-content">
            <p class="p0">
               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">Antifreeze</span> means ethylene glycol.
               </p>
            <p class="p0">
               <span class="ital">Atypical/nonstandard/unconventional solid waste</span> means any acceptable municipal solid waste that has unusual characteristics either
               by nature, amount or type of the waste, the relative composition of components, or
               the potential for beneficial use. Under this definition, there are four basic classifications:
               
               <p class="incr1">
                  (a)
                  </p>
               		
               <p class="content2">
                  Material requiring additional site preparation by landfill personnel that includes,
                  but is not limited to, materials requiring a separate working face to isolate the
                  material from other commercial traffic, an excavation pit to accept the waste and
                  immediate cover, or temporary closure of an existing working face to minimize hazards
                  to other commercial traffic;
                  </p>
               		
               
               <p class="incr1">
                  (b)
                  </p>
               		
               <p class="content2">
                  Material requiring specialized equipment rental;
                  </p>
               		
               
               <p class="incr1">
                  (c)
                  </p>
               		
               <p class="content2">
                  Material that would likely create a nuisance condition including, but not limited
                  to, materials that generate large quantities of dust and requires the presence of
                  dust-suppressing equipment and/or use of respirators by site personnel, or generate
                  noxious odors sufficient to require the use of odor controlling mists, fogs, or sprays,
                  or require significant handling by on-site equipment due to its size, density, bulk
                  or construction;
                  </p>
               		
               
               <p class="incr1">
                  (d)
                  </p>
               		
               <p class="content2">
                  Material that can be beneficially re-used including, but not limited to, materials
                  that are approved for use as an alternate daily cover and offsets the purchase of
                  native soils or can be used for road construction and maintenance and offsets the
                  purchase of stone and gravel.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Banned materials</span> (defined in G.S. 130A-309.10) means all solid waste items which are prohibited from
               being disposed of in a landfill and/or incinerated in an incinerator for which a permit
               is required under G.S. 130A, Article 9.
               </p>
            <p class="p0">
               <span class="ital">Beverage containers required to be recycled under G.S. 18B-1006.1</span> means all recyclable beverage containers of all beverages sold at retail on the premises
               for holders of on-premises malt beverage permits, on-premises unfortified wine permits,
               on-premises fortified wine permits, and mixed beverages permits.
               </p>
            <p class="p0">
               <span class="ital">Building materials</span> means any material such as lumber, brick, plaster, sheetrock, concrete, asphalt,
               shingles, wire mesh, gutters or other items accumulated as a result of repairs or
               additions to existing buildings, construction of new building or demolition of existing
               structures.
               </p>
            <p class="p0">
               <span class="ital">Bulky items</span> means inorganic items of such volume that they cannot be placed in a 90-gallon roll-out
               cart for collection, e.g. appliances, furniture, play equipment, and building fixtures.
               </p>
            <p class="p0">
               <span class="ital">Commercial hauler</span> means anyone who collects or transports municipal solid waste for profit.
               </p>
            <p class="p0">
               <span class="ital">Construction and demolition waste</span> means solid waste resulting solely from construction, remodeling, repair or demolition
               operations on pavement, buildings or other structures.
               </p>
            <p class="p0">
               <span class="ital">County manager</span> means the county manager or his designee.
               </p>
            <p class="p0">
               <span class="ital">Designated geographical area</span> means all incorporated and unincorporated areas within the county.
               </p>
            <p class="p0">
               <span class="ital">Discarded computer equipment</span> (defined in G.S. 130A-309.131) means any desktop computer, notebook computer, monitor
               or video display unit for a computer system, and the keyboard, mice, other peripheral
               equipment, and a printing device such as a printer, a scanner, a combination print-scanner-fax
               machine, or other device designed to produce hard paper copies from a computer. Computer
               equipment does not include an automated typewriter, professional workstation, server,
               ICI device, ICI system, mobile telephone, portable handheld calculator, portable digital
               assistant (PDA), MP3 player, or other similar device; an automobile; a television;
               a household appliance; a large piece of commercial or industrial equipment, such as
               commercial medical equipment, that contains a cathode ray tube, a cathode ray tube
               device, a flat panel display, or similar video display device that is contained within,
               and is not separate from, the larger piece of equipment, or other medical devices
               as that term is defined under the federal Food, Drug, and Cosmetic Act.
               </p>
            <p class="p0">
               <span class="ital">Disposal</span> (defined in 15A NCAC 13B, section .0100) 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 may not enter the environment or be emitted into
               the air or discharged into any water, including groundwaters.
               </p>
            <p class="p0">
               <span class="ital">Flow control regulations</span> means the regulations adopted to enable the county to carry out the provisions of
               the county solid waste management plan, as such regulations may be amended from time
               to time by the board of commissioners, and which are included as <a href="" data-chunk-id="COOR_CH44SOWA_ARTIICODI_DIV1MARESE_S44-42ELSE" class="section-link" data-product-id="11337">section 44-42</a>.
               </p>
            <p class="p0">
               <span class="ital">Garbage</span> means all solid wastes capable of being rapidly decomposed by microorganisms, including
               but not limited to animal and vegetable wastes resulting from the handling, preparation,
               cooking, and consumption of food, excluding sewage and human wastes.
               </p>
            <p class="p0">
               <span class="ital">Hazardous waste</span> (defined in 10F NCAC) 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">Hours of operation</span> means the posted hours during which customers may deliver and unload solid waste
               for disposal at the New Hanover County Environmental Management Facilities.
               </p>
            <p class="p0">
               <span class="ital">Industrial waste</span> means all waste, including solids, semi-solids, sludge and liquids resulting directly
               from industrial, processing or manufacturing operations.
               </p>
            <p class="p0">
               <span class="ital">Inert debris</span> (defined in DEHNR Policy Memorandum #16, page 2) 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">Inspector</span> means the person or persons designated by the county manager to perform the duties
               and responsibilities assigned by this chapter to the inspector.
               </p>
            <p class="p0">
               <span class="ital">Land clearing debris</span> (defined in DEHNR Policy Memorandum #16, page 1) means solid waste which is generated
               solely from land clearing activities.
               </p>
            <p class="p0">
               <span class="ital">Lead-acid batteries</span> (as provided in G.S. 130A-309.70) means any battery, sealed or otherwise, that consists
               of a lead (Pb) electrode and a lead oxide (PbO2) electrode immersed in a solution
               of water and sulfuric acid (H2SO4). Common examples of lead acid batteries are car
               batteries, alarm system backup batteries, and camcorder batteries.
               </p>
            <p class="p0">
               <span class="ital">Medical waste</span> (defined in the Solid Waste Management Act of 1989) means any solid waste which is
               generated in the diagnosis, treatment or immunization of human beings or animals,
               in pertinent research, or in the production or testing of biologicals, but does not
               include any hazardous waste identified or listed pursuant to G.S. 130A-290 et seq.,
               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 G.S. 130A-290
               et seq.
               </p>
            <p class="p0">
               <span class="ital">Municipal solid waste</span> means any solid waste resulting from the operation of residential, commercial, industrial,
               governmental or institutional establishments that would normally be collected, processed
               and disposed of through a public or private solid waste management service. Municipal
               solid waste does not include hazardous waste, sludge, or solid waste from mining or
               agricultural operations.
               </p>
            <p class="p0">
               <span class="ital">Municipal solid waste collector</span> means any person who collects or transports municipal solid waste.
               </p>
            <p class="p0">
               <span class="ital">Out-of-county waste</span> means any waste produced and collected from sources outside the boundaries of the
               county.
               </p>
            <p class="p0">
               <span class="ital">Public hauler</span> means any nonprofit collector or transporter of municipal solid waste.
               </p>
            <p class="p0">
               <span class="ital">Putrescible</span> means solid waste capable of being decomposed by microorganisms with sufficient rapidity
               as to cause nuisance from odors and gases, such as kitchen wastes, offal and carcasses.
               </p>
            <p class="p0">
               <span class="ital">Radioactive waste material</span> means any solid, liquid or gas which emits ionizing radiation spontaneously.
               </p>
            <p class="p0">
               <span class="ital">Recyclable rigid plastic containers</span> (that are required to be labeled as provided in subsection (e) of G.S. 130A-309.10)
               means any plastic container with a neck smaller than the body, including beverage
               containers, with a capacity greater than or equal to eight fluid ounces and less than
               or equal to five gallons, with a code placed on or near the bottom of the container
               indicating the plastic resin used to produce the container, where the code consists
               of a number placed within three triangulated arrows and letters placed below the triangulated
               arrows and which reads:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  For polyethylene terephthalate, the letters "PETE" and the number 1.
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  For high density polyethylene, the letters "HDPE" and the number 2.
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  For vinyl, the letter "V" and the number 3.
                  </p>
               		
               
               <p class="incr1">
                  (4)
                  </p>
               		
               <p class="content2">
                  For low density polyethylene, the letters "LDPE" and the number 4.
                  </p>
               		
               
               <p class="incr1">
                  (5)
                  </p>
               		
               <p class="content2">
                  For polypropylene, the letters "PP" and the number 5.
                  </p>
               		
               
               <p class="incr1">
                  (6)
                  </p>
               		
               <p class="content2">
                  For polystyrene, the letters "PS" and the number 6.
                  </p>
               		
               
               <p class="incr1">
                  (7)
                  </p>
               		
               <p class="content2">
                  For any other, the letters "OTHER" and the number 7.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Recyclables</span> means materials designated as capable of being sorted, processed, transported and
               sold to markets for the remanufacture of like or different products.
               </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">Refuse</span> (defined in 15A NCAC 13B, section .0100) means all nonputrescible waste.
               </p>
            <p class="p0">
               <span class="ital">Regular collection</span> means all collection services offered recurrently, at least once per week, which
               include the collection of vegetable and food wastes in a manner safe to public health.
               </p>
            <p class="p0">
               <span class="ital">Roll-out cart</span> means a 90-gallon container, having wheels and a hinged lid, issued by the county
               or by a firm under contract with the county, for the disposal of refuse as defined
               herein and prepared in accordance with this article.
               </p>
            <p class="p0">
               <span class="ital">Separate collection</span> means all collection of specifically defined materials not associated with regular
               collection practices.
               </p>
            <p class="p0">
               <span class="ital">Sludge</span> (defined in 15A NCAC 13B, section .0100) 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
               such waste having similar characteristics and effect.
               </p>
            <p class="p0">
               <span class="ital">Solid waste</span> (defined in 15A NCAC 13B, section .0100) 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 their treatment
               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.
               Such term does not include:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  Fecal waste from fowls 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 their treatment 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 (PL 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 solid waste for these purposes;
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  Oils and other liquid hydrocarbons controlled under G.S. 143-215.75 et seq.; however,
                  any oils or other liquid hydrocarbons that meet the criteria for hazardous waste under
                  RCRA shall also be a solid waste for these purposes;
                  </p>
               		
               
               <p class="incr1">
                  (4)
                  </p>
               		
               <p class="content2">
                  Any radioactive material as defined by the North Carolina Radiation Protection Act,
                  G.S. 104E-1â€”104E-23; or
                  </p>
               		
               
               <p class="incr1">
                  (5)
                  </p>
               		
               <p class="content2">
                  Mining refuse covered by the North Carolina Mining Act, G.S. 74-46â€”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 these purposes.
                  </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 plan</span> means the county solid waste management plan, as adopted by the county and participating
               municipalities and accepted by the state department of environment, health and natural
               resources.
               </p>
            <p class="p0">
               <span class="ital">Special waste</span> (defined in 15A NCAC 13B, section .0103) means any waste that requires special or
               exceptional handling from an operational or equipment standpoint and includes all
               waste disposal which requires a letter of approval from the state department of environment,
               health and natural resources, division of solid waste. For purposes of this definition,
               special waste shall include, without limitation, sludges, asbestos, powders and ashes.
               </p>
            <p class="p0">
               <span class="ital">Trash</span> means all refuse resulting from the use and maintenance of property, regardless of
               the nature of the activity thereon, except garbage.
               </p>
            <p class="p0">
               <span class="ital">Yard waste</span> means municipal solid waste consisting solely of vegetative matter resulting from
               landscaping maintenance.
               </p>
            <p class="historynote0">
               (Code 1978, Â§ 8.5-51; Ord. of 6-4-2001; Ord. of 6-2-2003, Â§ 1; Ord. of 1-22-2013,
               Â§ 1)
               </p>
            <p class="refcross0" block_type="hang"><b>Cross referenceâ€” </b>
               Definitions generally, <a href="" data-chunk-id="COOR_CH1GEPR_S1-2DERUCO" class="section-link" data-product-id="11337">Â§ 1-2</a>.
               </p></div>