<div class="chunk-title">Sec. 44-2. - 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">Beneficial fill</span> means a permit is not required for beneficial fill activity that meets all of the
               following conditions:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  The fill material consists only on inert debris strictly limited to concrete, brick,
                  concrete block, uncontaminated soil, rock, and gravel;
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  The fill activity involves no excavation;
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  The purpose of the fill activity is to improve land use potential or other approved
                  beneficial reuses; and
                  </p>
               		
               
               <p class="incr1">
                  (4)
                  </p>
               		
               <p class="content2">
                  The fill activity is not exempt from, and must comply with, all other applicable federal,
                  state, and local laws, ordinances, rules, and regulations, including but not limited
                  to zoning restrictions, floodplain restrictions, wetland restrictions, mining regulations,
                  sedimentation and erosion control regulations.
                  </p>
               		
               
            <p class="b0">
               Fill activity shall not contravene groundwater standards.
               
               <p class="refstatelaw0" block_type="hang"><b>State Law referenceâ€” </b>
                  Statutory authority, G.S. 130A-294.
                  </p>
               
            <p class="p0">
               <span class="ital">Collection</span> means the act of removing solid waste or designated solid waste from the point of
               generation to a central collection or storage point; a designated facility or disposal
               site; and removing the same solid waste or designated solid waste from a central collection
               or storage point to a disposal site or designated facility.
               </p>
            <p class="p0">
               <span class="ital">Commercial collectors</span> describes a person who performs an activity as a business for profit.
               </p>
            <p class="p0">
               <span class="ital">Construction</span> or <span class="ital">demolition,</span> when used in connection with waste or debris, means solid waste resulting solely
               from construction, remodeling, repair, or demolition operations on pavements, buildings,
               or other structures, but does not include inert debris, land-clearing debris or yard
               debris.
               </p>
            <p class="p0">
               <span class="ital">County</span> means the County of Bladen, North Carolina.
               </p>
            <p class="p0">
               <span class="ital">Department</span> means the county solid waste management department.
               </p>
            <p class="p0">
               <span class="ital">Designated facility</span> means a solid waste disposal facility serving the county-designated geographic area;
               and to which it is required by this article that designated solid waste generated
               within the territorial jurisdiction of the county and placed in the waste stream for
               disposal be ultimately transported for disposal.
               </p>
            <p class="p0">
               <span class="ital">Designated geographic area</span> means the geographic area that has been approved and designated as a designated geographic
               area by the state department of environment, health, and natural resources, or any
               successor agency, as a specified geographic area, within which all designated solid
               waste generated and placed in the waste stream for disposal is required to be delivered
               to a designated facility.
               </p>
            <p class="p0">
               <span class="ital">Designated solid waste</span> means all solid waste generated in the county area other than unacceptable waste
               and recovered materials.
               </p>
            <p class="p0">
               <span class="ital">Disposal</span> means the placement of waste in a landfill or other repository intended for permanent
               containment of waste can include incineration.
               </p>
            <p class="p0">
               <span class="ital">Disposal of designated solid waste</span> means the discharge, deposit, injection, dumping, spilling, leaking, or placing of
               any designated solid waste into or on any land so that such designated solid waste
               or any constituent thereof may not enter the environment or be emitted into the air
               or discharged into any water, including groundwater.
               </p>
            <p class="p0">
               <span class="ital">Habitable structure</span> means a residential structure that has not been condemned by a county building inspector
               as unsafe or found in violation of the minimum housing code by a county minimum housing
               inspector.
               </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">Land-clearing debris</span> means solid waste which is generated solely from land-clearing activities.
               </p>
            <p class="p0">
               <span class="ital">Littering</span> means to intentionally or recklessly throw, scatter, spill or place or intentionally
               or recklessly cause to be blown, scattered, spilled, thrown, placed or otherwise disposed
               of any litter upon any public property or private property not owned by him within
               the county.
               </p>
            <p class="p0">
               <span class="ital">Noncommercial residential property/premises</span> means any property or premises classified in the tax records of the county as residential
               and having a single tax parcel identification number (PIN), including, but not limited
               to, single-family residential lots, group development parcels, apartments, condominiums
               and mobile home parks, and having less than eight single-family units on or within
               such property or premises.
               </p>
            <p class="p0">
               <span class="ital">Permit</span> means a written document from the county solid waste management department granting
               permission for the collection, transportation, or disposal of solid waste and/or designated
               solid waste.
               </p>
            <p class="p0">
               <span class="ital">Person</span> means a legal entity, such as a natural individual person, partnership, corporation,
               or unincorporated association.
               </p>
            <p class="p0">
               <span class="ital">Recovered material generators</span> means any entity who generates recovered materials which are thereafter collected,
               transported, stored, processed, and otherwise recycled or reused by recovered materials
               recyclers/reusers.
               </p>
            <p class="p0">
               <span class="ital">Recovered material recyclers/reusers</span> mean commercial businesses, such as renderers, scrap metal operators, etc., who collect
               recovered materials from recovered material generators and transport, store, process,
               or otherwise recycle recovered materials, and/or those commercial businesses who otherwise,
               in accordance with G.S. 160A-294(a)(5b) or such similar statutory provision within
               the state statutes, and article V of this chapter, are not prohibited from taking
               part in those activities as referenced in <a href="" data-chunk-id="COOR_CH44SOWA_ARTIVDISOWA_S44-84DEFADIDESOWA" class="section-link" data-product-id="13885">section 44-84</a>(c), herein.
               </p>
            <p class="p0">
               <span class="ital">Recovered materials</span> means those materials that have a known reuse or composting potential, can be feasibly
               reused or composted, and have been diverted or removed from the solid waste stream
               for sale, use (other than for energy generation), or reuse by separation, collection,
               or processing. For all purposes under this chapter, materials herein defined as recovered
               materials are not considered to be any form of solid waste so long as they are not
               placed for collection or disposed of at a designated facility.
               </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, including their use
               as raw materials or feedstocks in lieu of, or in addition to, virgin materials in
               the manufacture of goods sold or distributed in commerce, or the reuse of such as
               substitutes for goods made from virgin materials.
               </p>
            <p class="p0">
               <span class="ital">Resource recovery</span> means the process of obtaining material or energy resources from discarded solid
               waste or designated solid waste which no longer has any useful life in its present
               form and preparing such solid waste for recycling.
               </p>
            <p class="p0">
               <span class="ital">Resource recovery center</span> means a resource recovery facility available to the public at which reusable solid
               waste or designated solid waste materials generated off the premises of such facility
               are collected for resource recovery purposes.
               </p>
            <p class="p0">
               <span class="ital">Resource recovery facility</span> means any facility, to include any site, plant, works, system, buildings, structure,
               improvement machinery, equipment, fixture, or other real or personal property, which
               is to be used for resource recovery.
               </p>
            <p class="p0">
               <span class="ital">Sanitary landfill</span> means a facility for the disposal of solid waste on land in a sanitary manner in
               accordance with the rules concerning sanitary landfills adopted under article III
               of this chapter, G.S. 130A-290.
               </p>
            <p class="p0">
               <span class="ital">Single-family units</span> means a habitable structure or part thereof designed to house a single family.
               </p>
            <p class="p0">
               <span class="ital">Solid waste</span> means all material customarily referred to as garbage and refuse and other discarded
               material, including solid, semisolid, or containing gaseous material resulting from
               industrial, commercial, mining, and agricultural operations and from community activities,
               but does not include solid or dissolved material in domestic sewage, or solid or dissolved
               materials in irrigation return flows or industrial discharges which are point sources
               subject to permits under section 402 of the Federal Water Pollution Control Act, as
               amended; includes, but is not restricted to the following classifications:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Commercial waste</span>. Waste which originates in retail or private sector services, (for example, retail
                  establishments, offices, theaters, restaurants, warehouses, hotels, and motels, and
                  other nonmanufacturing activities).
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Compost</span>. A humus-like material resulting from the biological decomposition of organic materials.
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Construction and demolition waste</span>. Any 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="incr1">
                  (4)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Garbage</span>. All putrescible wastes, such as food wastes, animal and vegetable matter, animal
                  offal and carcasses, and recognizable industrial by-products, but excluding sewage
                  and human wastes.
                  </p>
               		
               
               <p class="incr1">
                  (5)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Hazardous waste.</span>
                  </p>
               		
               <p class="incr2">
                  a.
                  </p>
               		
               <p class="content3">
                  Any material defined as a hazardous substance pursuant to the Comprehensive Environmental
                  Response, Compensation, and Liability Act of 1980; or applicable state laws, rules,
                  regulations, policies, and guidelines promulgated thereunder, as each may be amended
                  from time to time;
                  </p>
               		
               <p class="incr2">
                  b.
                  </p>
               		
               <p class="content3">
                  Any waste which, by reason of its composition or characteristics, is a toxic substance
                  or hazardous waste as defined in: (i) the Resource Conservation and Recovery Act,
                  as amended, and related federal, state, and county laws and regulations; or (ii) any
                  future, additional, or substitute state or county laws and regulations pertaining
                  to the identification, treatment, storage, or disposal of toxic substances or hazardous
                  wastes;
                  </p>
               		
               <p class="incr2">
                  c.
                  </p>
               		
               <p class="content3">
                  Any source, specially nuclear or by product materials within the meaning of the Atomic
                  Energy Act of 1954, as amended, and any related regulations;
                  </p>
               		
               <p class="incr2">
                  d.
                  </p>
               		
               <p class="content3">
                  Any low level radioactive waste or any other material posing a threat to the health
                  or safety, including, without limitation, pathological, medical, or biological wastes,
                  septic cesspool or other human wastes, human and animal remains, cleaning fluids,
                  crankcase oils, cutting oils, paints, acids, caustics, poisons, explosives and drugs.
                  </p>
               		
               <p class="b3">
                  If the governmental agency having appropriate jurisdiction determines any substance
                  that is not, as of the date thereof, considered harmful, toxic, or dangerous is in
                  fact harmful, toxic, or dangerous, then any such substance shall thereafter constitute
                  hazardous waste, as defined herein. If the governmental agency having appropriate
                  jurisdiction, determines that a given substance that is deemed to be a hazardous waste,
                  as of the date hereof, is no longer harmful, toxic, or dangerous, then such substance
                  shall thereafter no longer constitute hazardous waste, as defined herein.
                  </p>
               
               <p class="incr1">
                  (6)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Industrial waste</span>. All non-hazardous solid wastes generated or used by industries and manufacturing
                  facilities. The term "industrial waste" may also include small quantities of wastes
                  generated from cafeterias, offices, or retail sales departments on the same premises.
                  </p>
               		
               
               <p class="incr1">
                  (7)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Industrial solid waste generator</span>. Any person who produces solid waste from an industrial or manufacturing process.
                  </p>
               		
               
               <p class="incr1">
                  (8)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Industrial process waste</span>. Solid waste resulting from an industrial or manufacturing process, which may be
                  disposed of at the county landfill after demonstrating its nonhazardous status through
                  analysis, or by other means. The term "industrial process waste" includes, but is
                  not limited to, sandblast grit, contaminated food products, ash, dust, and etc.
                  </p>
               		
               
               <p class="incr1">
                  (9)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Institutional waste</span>. Material originating from services offered on behalf of the public, i.e., nursing
                  homes, jails, hospitals, schools.
                  </p>
               		
               
               <p class="incr1">
                  (10)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Medical waste</span>. 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 biological materials, but does not include any hazardous waste identified
                  or listed pursuant to this article, radioactive waste, or household waste as defined
                  in 40 CFR 261.4(b)(1) in effect on July 1, 1989.
                  </p>
               		
               
               <p class="incr1">
                  (11)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Municipal solid waste.</span> 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. The term
                  "municipal solid waste" does not include hazardous waste, sludge, or solid waste from
                  mining or agricultural operations.
                  </p>
               		
               
               <p class="incr1">
                  (12)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Municipal solid waste management facility.</span> Any publicly or privately owned solid waste management facility permitted by the
                  department that receives municipal solid waste for processing, treatment, or disposal.
                  </p>
               		
               
               <p class="incr1">
                  (13)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Nonprocessable solid waste</span>. All solid waste and designated solid waste other than hazardous waste, which could
                  impair the operation or capacity of the disposal system or cause potential or actual
                  injury to the county's employees and/or contractors, but which is capable of being
                  disposed of by sanitary landfill, including but without being limited to, furniture,
                  bedding, white goods, metal cable, gypsum board, bricks and blocks, concrete industrial
                  process waste, asphalt materials, liquid wastes including sludge from water or waste
                  water treatment plants, petroleum products, metal (other than containers), tree stumps,
                  logs, brush, pallets, and other scrap wood and construction debris.
                  </p>
               		
               
               <p class="incr1">
                  (14)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Putrescible solid waste</span>. Any 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="incr1">
                  (15)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Radioactive solid waste</span>. Any waste that emits ionizing radiation spontaneously.
                  </p>
               		
               
               <p class="incr1">
                  (16)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Recyclable materials</span>. Solid waste and designated solid waste materials that are lawfully capable of being
                  recycled and are specified as such in pertinent laws and regulations of the United
                  States and this state.
                  </p>
               		
               
               <p class="incr1">
                  (17)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Refuse</span>. All nonputrescible wastes.
                  </p>
               		
               
               <p class="incr1">
                  (18)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Residential waste</span>. Solid waste and designated solid waste originating from private households (private
                  single-family homes and apartments, condominiums, etc., not institutional residential
                  facilities).
                  </p>
               		
               
               <p class="incr1">
                  (19)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Slurry waste</span>. A waste with a high liquid content not easily dewatered.
                  </p>
               		
               
               <p class="incr1">
                  (20)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Special waste</span>. Any type of waste that requires special handling in the county's collection and
                  disposal systems, including tires, used oil, batteries, appliances (white goods),
                  asbestos, and medical wastes.
                  </p>
               		
               
               <p class="incr1">
                  (21)
                  </p>
               		
               <p class="content2">
                  <span class="ital">White goods</span>. Includes inoperative and discarded refrigerators, ranges, water heaters, freezers,
                  and other similar domestic and commercial large appliances, i.e., washers, dryers,
                  dishwashers, kitchen compactors, window unit air conditioners, etc.
                  </p>
               		
               
               <p class="incr1">
                  (22)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Yard trash</span>. Solid waste and designated solid waste consisting solely of vegetative matter resulting
                  from landscape maintenance, e.g., grass, brush, leaves, and nonconstruction natural
                  wood debris.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Solid waste collector</span> means any person, firm, corporation, or other entity engaged, in whole or part, in
               the collection, transportation, delivery, or disposal of solid waste or designated
               solid waste generated within the designated geographic area of the county. The term
               'solid waste collector" includes any such entity engaged in such activities with respect
               to solid waste or designated solid waste generated by such entities, as well as any
               entity engaged in such activities with respect to solid waste or designated solid
               waste generated by others.
               </p>
            <p class="p0">
               <span class="ital">Solid waste director</span> means the county solid waste management department director.
               </p>
            <p class="p0">
               <span class="ital">Solid waste disposal facility</span> means any and all facilities now or hereafter designated by the county as part of
               its system for the disposal of solid waste, including, but not limited to, other volume
               reduction facilities, sanitary landfills, demolition landfills, resource recovery
               facilities (including steam production and electrical generating facilities using
               solid waste as fuel), and regulation of solid wastes. The term "solid waste disposal
               facility" includes, but is not limited to, a designated facility as defined herein.
               </p>
            <p class="p0">
               <span class="ital">Solid waste management facility</span> means any facility, plant, works, system, building structure, equipment, or other
               real or personal property used in the management of solid waste including, but not
               limited to, bulk container storage sites, recycling centers not a solid waste management
               facility, transfer stations, hauling facilities, rail haul or barge facilities, treatment
               systems, resource recovery facilities, or other facilities for reducing solid waste
               volume, sanitary landfills, demolition landfills, plants, and facilities for compacting,
               composting or pyrolyzation of solid wastes, incinerators and other solid waste disposal,
               reduction or conversion facilities. The term "solid waste management facility" includes,
               but is not limited to, a designated facility as defined herein.
               </p>
            <p class="p0">
               <span class="ital">Unacceptable waste</span> means:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  Explosives, hazardous waste, other hazardous chemicals or materials, radioactive materials,
                  motor vehicles, and liquid and semi-liquid wastes, other than such insignificant quantities
                  of the foregoing as are customarily found in normal household and commercial waste
                  and as are permitted by law to be treated and disposed of in facilities not specifically
                  permitted or licensed to treat or dispose of such materials;
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  Any item either smoldering or on fire;
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  Noncombustible construction materials and demolition debris, including masonry, brick,
                  stone, structural steel, re-bar, and structural shapes;
                  </p>
               		
               
               <p class="incr1">
                  (4)
                  </p>
               		
               <p class="content2">
                  All other items of waste which, at the time of delivery to a designated solid waste
                  facility, would normally not be disposed of in a sanitary landfill under applicable
                  federal, state, and local rules and regulations; and
                  </p>
               		
               
               <p class="incr1">
                  (5)
                  </p>
               		
               <p class="content2">
                  Any other items of waste that are prohibited by any applicable federal, state or local
                  law or rule from being processed in a designated facility.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Waste</span> means material discarded by the generator as no longer useful to the generator.
               </p>
            <p class="p0">
               <span class="ital">Waste reduction</span> means decreasing the quantity of materials and/or products that must be disposed.
               </p>
            <p class="historynote0">
               (Ord. of 2-3-1997, Â§ 1-2)
               </p></div>