§ 3-5-101. Definitions.

The purpose of this article and in addition to, their common meanings, the following words and/or phrases shall have the respective meanings assigned to them.

Commercial establishment means any hotel, motel, apartment house or complex, rooming house, business, industrial, public or semi-public establishment of any nature or kind whatsoever other than a single-family dwelling unit/residential unit or condominium.

Commercial solid waste means refuse from a commercial establishment, stores, offices, restaurants, warehouses and other nonmanufacturing activities, excluding residential and industrial wastes, as defined herein, including but not limited to waste material from industry. Commercial solid waste also includes waste materials from the construction, remodeling and repair of houses, commercial buildings, multiple dwellings and other structures, such as concrete, bricks, plaster, stone, earth, lumber, roofing materials, gutters, shavings and sawdust (construction/demolition waste). However, the term "solid waste" does not include yard trimmings or excluded items.

Condominium means individual ownership units in a multifamily structure.

Construction/demolition waste means building materials and rubble resulting from construction, remodeling, repair, and demolition operations of pavements, houses, commercial buildings and other structures. Such waste includes, but are not limited to waste containing asbestos, wood, bricks, metal, concrete, wall board, paper, cardboard, inert waste landfill material, and other nonputrescible wastes which have low potential for groundwater contamination.

Contract hauler means a person, corporation, partnership or other legal entity which collects, transfers and/or disposes of solid waste material.

Excluded item means any item which must carry a permit to be disposed or hauled; any item which is classified as hazardous under Subtitle C, Resource Conservation and Recovery Act (RCRA); any item which is explosive, combustible or dangerous to handle without special equipment and training; includes but not limited to: batteries, tires, asbestos, and appliances with freon, and some paints.

Licensee means a person, persons or entity issued a license by the Henry County Board of Commissioners, who, for compensation by those receiving services, does the work of collecting and transporting solid waste from industries, offices, retail outlets, businesses, institutions, similar locations, or residential dwellings, provided this definition shall not include an individual collecting and transporting waste from his own single-family dwelling.

Garbage. See "solid waste."

Hauler. See "contract hauler."

Household waste means any solid waste (including garbage, trash, and sanitary waste in septic tanks) derived from households (including single and multiple-family residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day use recreation areas). This terms does not included yard trimmings, excluded items, or industrial waste.

Industrial waste means solid waste generated by manufacturing or industrial processes that is not a hazardous waste regulated under Subtitle C of RCRA. Such waste may include, but is not limited to, waste resulting from the following manufacturing processes: electric power generation; fertilizer/agricultural chemicals; food and related products/by-products; inorganic chemical; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay and concrete products; textiles manufacturing; transportation equipment; and water treatment. This term does not include mining waste, oil and gas waste, yard trimmings or excluded items.

Landfill. See "Municipal solid waste landfill."

Litter means nonhazardous illegally discarded solid waste which includes, but is not limited to, paper, household appliances, furniture, and tires.

Mulch means chipped or ground yard trimmings and land clearing debris.

Municipal solid waste means any solid waste derived from households, including garbage, trash, and sanitary waste in septic tanks and solid waste from single-family and multifamily residences, hotels, motels, bunkhouses, campgrounds, picnic grounds, and day use recreation areas. The term includes yard trimmings and commercial solid waste, but does not include solid waste from mining, agricultural, or silvicultural operations or industrial processes or operations.

Municipal solid waste landfill (MSWLF) means a discrete area of land or an excavation which receives household waste, and is not a land application unit, surface impoundment, injection well, or waste pile, as those terms as defined in Subtitle D of RCRA. A MSWLF may receive other types of RCRA Subtitle D waste, such as commercial solid waste, nonhazardous sludge, small quantity generator waste and industrial solid waste. Such a landfill may be publicly or privately owned. A MSWLF may be a new MSWLF, or existing MSWLF, or a lateral or vertical expansion.

Occupants. See "owner."

Open dump means a disposal facility of which solid waste from one or more sources is consolidated and left to decompose, burn or to otherwise create a threat to human health or the environment.

Owner means any person, firm, corporation or other legal entity owning, leasing, renting, occupying, or managing any real property in unincorporated Henry County.

Plastic bag means a polyethylene or other heavy duty plastic bag meeting the National Sanitation Foundation Standard of at least 1.5 mills and not exceeding a thirty-gallon capacity, with securing twist ties. An untied plastic bag shall not be an approved container.

Putrescible waste means capable of being decomposed by micro-organisms. Examples of putrescible waste include, but are not necessarily limited to, kitchen wastes, animal manure, offal, hatchery and poultry processing plant wastes, and some types of garbage.

Reclamation means a controlled method of sorting and storing material from solid wastes for future use.

Recovered materials means materials which have a known use, reuse or recycling potential; which can be feasibly used, reused, or recycled; and have been diverted or removed from the waste stream for reclamation by sale, use, reuse, or recycling, whether or not requiring subsequent separation and processing.

Recycling means the process by which recovered materials or other materials which could otherwise become solid waste are diverted from the waste stream and are collected, separated, or processed and reused or returned to use in the form of raw materials or products.

Refuse. See "solid waste."

Residential unit means any freestanding structure or shelter of any part thereof used or constructed for use as a residence for one (1) family.

Roofing materials means material used to roof houses or businesses; including, but not limited to, asphalt shingles, tar, nails, roofing felt.

Rubbish. See "solid waste."

Sanitary landfill means a disposal site for solid waste which is operated in accordance with all State of Georgia laws and regulations and all federal laws and regulations, and which has been approved by the Georgia Department of Natural Resources for such purpose.

Sludge means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial waste water treatment plant, water supply facility exclusive of the treated effluent from a waste water treatment plant.

Solid waste means household, commercial, or industrial solid waste which is nonhazardous, non-medical, and in a form classified as solid by the Georgia Department of Natural Resources.

Specially handled waste means any municipal solid waste which requires special handling or time to pickup, such as appliances, tires, yard trimmings, etc.

Waste stream means the total flow of solid waste from residential, commercial, and industrial sources generated within unincorporated Henry County.

Yard trimmings means grass clippings, leaves, tree and bush limbs, sticks, tree trunks and other organic matter discarded from yards and gardens. "Yard trimmings" does not include treated wood or wood products, plastic containers or any items which is considered solid waste.

(Ord. No. 94-04, 9-20-94)