The following terms shall have the meanings given below:
"Aggregates"means discarded concrete rubble, asphalt concrete, roofing tiles, and porcelain fixtures.
"Asbestos-containing materials"means asbestos-containing waste materials, Category I nonfriable asbestos-containing material, Category II nonfriable asbestos-containing material, and commercial asbestos as defined in 40 CFR Part 61.
"Benefitted property"means real property on which there is a dwelling unit or units. Multiple units on a single piece of property shall each be considered to be a separate benefitted property.
"Bimetallic can"means any food or beverage container that is composed of steel with a tin coating.
"Bioconversion"means the processing of the organic fraction of the waste stream through biological or chemical means to perform composting or generate products including, but not limited to, fertilizers, feed, methane, alcohols, tars, and other products. This term includes, but is not limited to, biogassification, acid hydrolysis, pyrolysis, and fermentation. This term does not include any form of incineration or methane gas extraction from a municipal solid waste landfill.
"Bulky items"include large items of refuse, such as furniture, mattresses, bed springs, and other oversize items which would typically not fit into reusable or disposable containers.
"Business"means any individual proprietorship, partnership, corporation, association, joint venture or project which carries on commercial or industrial activity for gain or profit, including any timeshare unit, hotel or hotel-apartment.
"Business, industry, governmental agency, educational institution, or other nonresidential self-hauler"means any business, industry, governmental agency, educational institution, or other nonresidential entity acting in its own behalf without remuneration, which hauls solid waste resulting from its own activities or operations to a recycling, reuse, transfer, or disposal facility. For purposes of this Chapter, a hauler shall be considered to be a business, industry, governmental agency, educational institution, or other nonresidential self-hauler if one (1) or more of the following conditions exists:
(1) The vehicle used to haul solid waste bears commercial license plates, fleet license plates, or license plates of the State or Federal government, including military license plates.
The vehicle used to haul solid waste bears decals or other markings indicating that it is the property of or is used for a business, industry, institution, State or Federal government agency (including military), or other nonresidential entity.
"CFR"means Code of Federal Regulations.
"Collection point"means a designated area for regular County collection services according to the requirements in Section
21-2.2.
means all types of solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, excluding residential and industrial wastes.
"Composting"means a process in which organic solid wastes, such as biosolids (sewage sludge), greenwaste, manures, and non-treated wood chips and shavings, are biologically decomposed and stabilized under controlled conditions to produce a stable humus-like mulch or soil amendment. This term includes the processing of organic and non-treated wood waste materials that can be used as soil amendment, planting mixes, mulches for horticultural and agricultural applications, landfill cover, and land reclamation. The process of composting under methods approved by the Hawai'i Department of Health is a recycling activity. Land application of uncomposted organic solid waste shall not be considered an approved solid waste management activity except as a portion of the United States Department of Agriculture - Soil Conservation Service approved land improvement, soil stabilization or reclamation plan.
"Consumer recyclables"means recyclable materials typically used by consumers or used to deliver products to consumers. Consumer recyclables include, but are not limited to, newsprint, corrugated cardboard, aluminum beverage containers, glass containers, bimetallic cans, junk mail and other mixed paper, and plastic containers.
"Corrugated cardboard"means a paper product fabricated from two (2) layers of kraft linerboard sandwiched around a corrugating medium.
"Debris recycling station"means a permanent facility designed and operated to receive, store, process, and transfer to recycling markets source-separated recyclable debris. Debris recycling stations are intended to enable the County to respond immediately to large quantities of debris generated by natural disasters.
"Department"means the Department of Public Works of the County of Kaua'i.
"Disposal"means the management of solid waste through incineration or landfilling at permitted solid waste facilities.
"Disposal facility"means a solid waste management facility or part of one at which solid waste is intentionally placed into or on any land or water, and at which solid waste will remain after closure.
"Division"means the Division of Highway Construction and Maintenance of the Department of Public Works of the County of Kaua'i.
"Dwelling"means any building or portion thereof which contains not more than two (2) dwelling units.
"Dwelling unit"means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by Kaua'i County Building Code, for not more than one (1) family.
"Engineer"means the County Engineer of the Department of Public Works of the County of Kaua'i or the County Engineer's authorized representative.
"Ferrous metal object"means any large object made predominantly of iron or steel that has an iron content sufficient for magnetic separation, including, but not limited to, bicycles, lawn mowers, metal furniture, metal cabinets, power tools and machinery, sheet metal roofing, steel drums and tanks, iron pipe, and structural steel.
"Garbage"includes, but is not limited to, putrescible solid waste including animal and vegetable wastes resulting from the handling, storage, sale, preparation, cooking, or serving of food. Garbage originates primarily in home kitchens, stores, markets, restaurants, and other places where food is stored, prepared, or served.
"Greenwaste"means leaves, garden residues, shrubbery and tree trimmings, stumps, grass clippings, and other plant materials.
"Gypsum wallboard"means wallboard, sometimes referred to as sheetrock, used in the construction of interior walls of buildings, with gypsum as the primary component. Gypsum wallboard shall be free of corner beads, wood, and plastic vapor barrier.
"Hazardous waste"means regulated hazardous waste as defined in 40 CFR 261 or the State of Hawai'i's rules or statutes, whichever is more stringent.
"Homestay"shall be as defined in Section
8-1.5 of the Kaua'i County Code 1987, as amended, for purposes of this Chapter.
means an establishment operating under a license issued pursuant to the provisions of HRS Chapter 445-92, as amended.
"Household hazardous waste"means those wastes resulting from products purchased by the general public for household use which, because of their quantity, concentration, or physical, chemical, or infectious characteristics, may pose a substantial known or potential hazard to human health or the environment when improperly treated, disposed of, or otherwise managed.
"Incineration"means the destruction of solid waste by burning in a furnace designed for that purpose, where solid waste is essentially reduced to ash, carbon dioxide, and water vapor.
"Infectious waste"means any waste which may contain pathogens capable of causing an infectious disease, and shall include, but, not be limited to, wastes categorized in Section 11-104-4 of the Hawai'i Administrative Rules.
"Integrated solid waste management"means the use of a variety of waste management practices and processing methods to safely and effectively manage solid waste with the least adverse impact on human health and the environment.
"Landfill"means a land site on which engineering principles are utilized to bury deposits of solid waste without creating a nuisance or hazard to public health or safety.
"Landfilling"means the permitted disposal of solid waste on land in a series of compacted layers and covering the solid waste with soil or other materials.
"Liquid waste"means any waste material that is determined to contain "free liquids" as defined by Method 9095 (Paint Filter Liquids Test), as described in Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods (EPA Pub. No. SW-846).
"Medical waste"means all the infectious and injurious waste originating from a medical, veterinary, or intermediate care facility.
"Mixed construction and demolition debris"means debris resulting from the construction or demolition of buildings or other structures and site clearing, which contains two (2) or more of the following components: wood debris, gypsum wallboard, aggregates, ferrous metal, and non-ferrous metal.
"Mixed paper"means discarded paper products that are composed of two (2) or more types of paper, including newspaper, corrugated cardboard, office paper, computer paper, white paper, and coated paper stock.
"Municipal solid waste (MSW)"means solid waste refuse or garbage, originating from residential, business and institutional sources and uses which is appropriate for disposal in a permitted sanitary landfill.
"Non-ferrous metal object"means any large metal object containing primarily metals other than iron and steel, including, but not limited to, aluminum or copper gutters, aluminum window frames, aluminum roofing shakes, and copper pipe.
"Open burning"means the combustion of solid waste without:
(1) Control of combustion air to maintain adequate temperature for efficient combustion;
Containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion; and
Control of the emission of the combustion products.
"Owner"means the last known record owner of real property containing a dwelling unit or place of business.
"Person"means an individual, firm, association, copartnership, political subdivision, government agency, mu-nicipality, industry, public or private corporation, or any other entity whatsoever.
"Pet animal"means a dog, cat, domesticated rabbit, guinea pig, domesticated pig, or caged birds (passeriformes, piciformes, and psittaciformes only) so long as not bred for consumption.
"Pet animal waste"means pet animal feces or sorbent materials including kitty litter, newspaper, and other like materials that become mixed with feces and urine during the care of one (1) or more pet animal(s).
"Processing"means any technology used for the purpose of reducing the volume or weight, or both, of solid wastes, or any technology used to convert part or all of solid wastes for reuse.
"Putrescible waste"means solid waste which contains material capable of being decomposed by micro-organisms.
"Recycling"means the collection, separation, recovery, and sale or reuse of secondary resources that would otherwise be disposed of as municipal solid waste, and is an integral part of a manufacturing process aimed at producing a marketable product made of postconsumer material.
"Refuse"means anything putrescible or non-putrescible that is discarded or rejected.
"Refuse transfer station"means a permanent, fixed, supplemental collection and transportation facility, used by persons and route collection vehicles to deposit collected solid waste from off-site into a larger transfer vehicle for transport to a solid waste disposal facility. Refuse transfer stations may also include recycling activities.
"Residence"means dwelling unit, single-family or multifamily, used for primary residence or as a rental. Includes additional dwelling units, apartments and residential condominiums.
"Residential drop-off recycling center"means a structure, site, or container for collection and small-scale (low technology) segregation of household recyclables. The staffed or unstaffed center will receive and temporarily store household recyclables "dropped off" and no payment is made to the participants depositing recyclables.
"Residential self-hauler"means a resident of Kaua'i acting in his or her own behalf or on behalf of another resident without remuneration, who hauls solid waste from a residence to a recycling, reuse, transfer, or disposal facility.
"Scavenging"means the removal of materials at a solid waste facility or site without the approval of the owner or operator and the Hawai'i Department of Health.
"Serviceable property"means a residence which is accessible from a public road by County collection vehicles. May also include properties on private roads where access agreements have been negotiated.
"Sewage sludge"means residual solids and semisolids resulting from the treatment of wastewater. This term does not include wastewater effluent discharged from wastewater treatment processes.
"Site controller"means the County employee or contractor stationed at the solid waste facility to direct disposal of incoming solid waste.
"Solid waste" or "municipal solid waste"means garbage, refuse, and other residential or commercial discarded materials, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining, and agricultural operations; sludge from waste treatment plants and water supply treatment plants; and residues from air pollution control facilities and community activities. This term does not include solid or dissolved materials in domestic sewage or other substances in water sources, such as silt, dissolved or suspended solids in industrial wastewater effluents, dissolved materials in irrigation return flows, or other common water pollutants.
"Solid waste management"means the entire process, or any part thereof, of storage, collection, transportation, transfer, processing, and disposal of solid wastes by any person engaging in these processes.
"Solid waste stream"means the total flow of solid waste from all waste generators or any segment thereof, that must be processed or disposed of.
"Source reduction"means the design, manufacture and use of materials to:
(1) Minimize the quantity or toxicity, or both, of the waste produced; and
Reduce the creation of waste either by redesigning products or by otherwise changing societal patterns of consumption, use, or waste generation.
"Source separation"means dividing solid waste into some or all of its component parts at the point of generation.
"Special wastes"means used tires, asbestos-containing materials, white goods, and dead animals (except those disposed of by the Kaua'i Humane Society), and any mixed waste containing used tires, asbestos-containing materials, white goods, or dead animals. These wastes are defined as "special" because they require special handling or processing by the County to comply with Federal and State regulations.
"Temporary emergency debris receiving site"means a site used, with emergency authorization from the Hawai'i Department of Health, on a temporary basis for the storage, processing, and transfer of debris resulting from a natural disaster declared by the President of the United States or the Governor of the State of Hawai'i.
"Timeshare unit"shall be as defined in Section
8-1.5 of the Kaua'i County Code 1987, as amended, for purposes of this Chapter.
means a surcharge amount for refuse collection service that varies based on the volume of a "cart" for automated refuse collection or the number of 32-gallon receptacles for manual refuse collection.
"White goods"include electrical and mechanical enamel-coated major appliances made primarily of metal parts such as refrigerators, stoves, microwave ovens, dishwashers, ice makers, water heaters, and clothes washers and dryers.
"Wood debris"means scrap dimensional lumber and plywood, doors, windows with wood frames, wood cabinets, all-wood furniture, wood shakes, and other items made of wood. May contain small quantities of other materials such as nails, hinges, glass, and wire.
(Ord. No. 91, March 2, 1955; Sec. 21, C.O. 1971; Ord. No. 166, December 21, 1972; Sec. 21-1.2, R.C.O. 1976; Ord. No. 601, December 31, 1991; Ord. No. 706, August 6, 1996; Ord. No. 902, July 28, 2010; Ord. No. 975, October 15, 2014)