The following terms shall have the meanings ascribed
to them in this section when used in this chapter.
ADMINISTRATOR
The Buchanan County Administrator or his or her duly authorized
designee.
ASHES
The residue resulting from the burning of wood, coal, coke
or other combustible material.
BRUSH
Brushes, briars, branches, leaves and similar material.
BRUSH, PRUNINGS AND TREE TRIMMINGS
Trimmings from growing or dead trees or bushes no more than
six inches in diameter. Any such trimmings over four inches will not
be accepted. These items will only be accepted at the landfill site,
free of dirt and debris. This shall include roots or stumps that exceed
four inches in diameter, free of dirt and debris.
COMMERCIAL ESTABLISHMENT
A building or other structure and/or lot or tract of land
used for or as a part of the operation of a business enterprise, whether
for profit or not, which is not used in whole as a residential unit.
For the purposes of this chapter, any structure which is used by the
same owner or tenant for both residential and business purposes shall
be deemed to be a commercial establishment; provided, however, that
if the Administrator determines that the mixed-use structure generates
a volume of solid waste that does not exceed the average amount of
waste generated by a residence in Buchanan County, then such mixed-use
structure may be deemed to be a residential unit.
COMPACTED WASTE
Refuse or waste which has been reduced in volume by mechanical
or hydraulic means and remains in this state of reduced volume until
deposited at the landfill.
CONTAINERS
(1)
Solid waste containers for rural areas, commercial
establishments or industry are to be four cubic yards' capacity, as
furnished by the County, its agency or privately, as approved by the
Board of Supervisors of Buchanan County, Virginia.
(2)
Solid waste containers for door-to-door residential
or commercial collection shall be not more than 20 gallons' capacity
and constructed of galvanized metal or plastic. They shall be equipped
with a close-fitting lid and a handle. Cans must be constructed with
no inside baffles to facilitate discharge of solid wastes. Maximum
weight of any one container shall not exceed 40 pounds.
(3)
Nonreusable: plastic sacks designed for the
refuse disposal with sufficient wall strength to maintain physical
integrity when lifted by the top; securely tied at the top for collection,
with a capacity not to exceed 30 gallons and loaded weight not to
exceed 35 pounds. Nonreusable containers shall also include garbage
compactor bags that meet the capacity and weight requirements for
plastic sacks. Both reusable and nonreusable containers shall also
be referred to as "standard containers" in this chapter.
(4)
Bulk: bins of metal construction capable of
being emptied by mechanical equipment operated by the County, generally
referred to as "dumpsters," which have a capacity of at least two
cubic yards and not more than eight cubic yards. Also included are
large-capacity roll-on dumpsters.
CURBSIDE
That portion of the street or highway right-of-way adjacent
to the paved or traveled portion of a primary or secondary roadway
as established by the Virginia Department of Transportation or Buchanan
County.
CONTRACTOR
The person with whom Buchanan County may contract for the
collection of solid waste generated within Buchanan County; however,
nothing shall be deemed to require the County to contract for collection
of all or part of its solid waste. In the event that the County does
contract for collection of all or part of its solid waste, then the
term "contractor" shall be substituted for Buchanan County where appropriate
in this chapter.
CONVENIENCE CENTER
A collection point designated and operated by Buchanan County
at which large items, white goods, tires and other wastes not suitable
for regular pickup may be deposited.
COUNTY
Refers to Buchanan County unless the text of this chapter
specifically refers to some other county.
DISPOSAL
Includes the storage, collection, disposal or handling of
refuse.
GARBAGE
Readily putrescible discarded materials composed of animal,
vegetable or other organic matter.
LITTER
Any solid waste that is disposed of as prohibited herein
or allowed to be carelessly discarded or scattered about in an unsightly
manner. Litter shall include, but not be limited to, garbage, trash,
refuse and rubbish and any other solid waste as referred to within
this chapter.
LITTER BAG
A bag or sack, of durable material, which is large enough
to serve as a receptacle for the litter inside a vehicle or watercraft
which is similar in size and capacity to a state-approved litter bag.
LITTER RECEPTACLE
A container with a capacity of not less than 10 gallons constructed
of such quality as to maintain the original shape when placed at an
outdoor location; reasonably resistant to rust and corrosion; and
placed for use as a depository for litter. Appliances (refrigerators,
freezers, etc.) cannot be used as litter receptacles.
OPEN DUMP
A site on which any solid waste is placed, discharged, deposited,
injected, dumped, or spilled, so as to create a nuisance or so as
to pose within the determination of the Administrator a substantial
present or potential hazard to human health or the environment, including
the pollution of air, land, surface water or groundwater. A disposal
facility operating without all permits required by the state and/or
federal governments shall be considered an open dump.
OPERATOR
The person responsible for the overall operation and site
management of a solid waste facility.
OWNER
The person, corporation, or other legal entity in whom is
vested the title to an interest in the land on which a solid waste
management facility is located; the person, corporation or other legal
entity in whom is vested title to an interest in the land upon which
a residence, residential unit, multiunit residential unit, commercial
establishment or industry is located.
PERMIT
The written permission issued by the state or federal government
to own, operate, or construct a solid waste management facility; and
any license issued pursuant to the provisions of this chapter.
PERSON
An individual, corporation, partnership, association, a governmental
body, a municipal corporation, or any other legal entity.
RECYCLING
The process of separating a given waste material from the
waste stream and processing it so that it is used again as a raw material
for a product, which may or may not be similar to the original product.
REFUSE
Discarded waste materials in a solid or semisolid state,
consisting of garbage, ashes, trash, rubbish, or a combination thereof.
RESIDENTIAL UNIT
A group of rooms located within a building and forming a
single inhabitable unit with facilities which are used or are intended
to be used for living, sleeping, cooking and/or eating. A residential
unit shall also include buildings containing not more than four contiguous
single-family dwelling units; however, each unit shall be deemed to
be a separate dwelling unit for billing purposes. Buildings containing
more than four contiguous single-family dwelling units shall be considered
commercial customers for the purpose of this chapter. The term "residential
unit" shall also be deemed to include mobile home parks. If there
are more than four units, the mobile home park shall be deemed to
be a commercial customer.
SALVAGE
The unauthorized or uncontrolled removal of waste materials
from a solid waste management facility.
SCAVENGE
The unauthorized or uncontrolled removal of waste materials
from a solid waste management facility.
SLUDGE
Any solid, semisolid or liquid waste generated from a municipal,
commercial or industrial wastewater treatment plant, coal mining or
gas water disposal system, water supply treatment plant, air pollution
control facility, or other waste-producing facility, but as used in
this chapter the term does not include the treated effluent from a
wastewater treatment plant.
SOLID WASTE
(1)
Any garbage, refuse, sludge, and other discarded
material, including solid, liquid, semisolid or contained gaseous
material, resulting from residential, industrial, commercial, mining
and agricultural operations and from community activities but does
not include:
(a)
Solid or dissolved material in domestic sewage;
(b)
Solid or dissolved material in irrigation return
flows or in industrial discharges which are sources subject to a permit
from the State Water Control Board; or
(c)
Source, special nuclear, or byproduct material
as defined by the Federal Atomic Energy Act of 1954, as amended.
(2)
The solid waste herein defined also may refer
to the following further defined types, i.e.:
(a)
COAL MINE WASTEAny commercial waste, construction/demolition waste, debris waste, inert waste, metals, garbage, mining equipment and/or machinery and any other waste generated prior, during, or after mining activities and which may be disposed of in compliance with this chapter and all other applicable state and federal laws and regulations.
(b)
COMMERCIAL WASTEAll solid waste generated by establishments engaged in business operations other than manufacturing or construction. This category includes, but is not limited to, solid waste resulting from the operation of stores, markets, office buildings, restaurants, and shopping centers.
(c)
CONSTRUCTION/DEMOLITION WASTEThe waste building material, packaging and rubble, resulting from construction, remodeling, repair and demolition operations on pavement, houses, commercial buildings, and other structures.
(d)
DEBRIS WASTEWaste resulting from land clearing operations, including but not limited to stumps, wood, brush, leaves, soil and road spoils.
(e)
HOUSEHOLD WASTEAny waste material, including garbage, trash and refuse normally produced or derived from single and/or multiple residential households and residences. Household wastes do not include sanitary waste in septic tanks (septage).
(f)
HAZARDOUS WASTEA solid waste or combination of solid waste which, because of its quantity, concentration or physical, chemical or infectious characteristics, may: (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (b) pose a substantial present or potential hazard to human health, the collection/disposal system, or the environment when improperly treated, stored, transported, disposed of or otherwise managed. The foregoing definition is intended to include any waste now or hereafter designated as such by state or federal agencies with jurisdiction and authority to promulgate and enforce rules and regulations for the handling and disposal of hazardous and other waste.
(g)
[1]
Liquids having a flash point of less than 140°
Fahrenheit (60° Centigrade).
[2]
[b]. Nonliquids liable to cause fires through
friction, absorption of moisture, spontaneous chemical change or retained
heat, or which are liable, when ignited, to burn so vigorously and
persistently as to create a hazard.
[3]
Ignitable compressed gases, and/or oxidizers.
(h)
INDUSTRIAL WASTEAny solid waste generated by manufacturing or industrial process that is not a regulated hazardous waste. 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/byproducts; inorganic chemicals; iron and steel manufacturing; mining or oil and gas operations; leather and leather products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment; and water treatment.
(i)
INERT WASTESolid waste which is chemically and biologically stable from further degradation and considered to be nonreactive. Inert waste includes rubble, concrete, broken bricks, bricks and blocks.
(j)
INFECTIOUS WASTEAny solid waste if it is capable of producing an infectious disease in humans; is one of the controlled infectious wastes listed in any relevant section or sections of the Infectious Waste Management Regulations of the Virginia Department of Environmental Quality as applicable at any given time, or is identified as infectious by a licensed physician or registered nurse. A waste shall be considered to be capable of producing an infectious disease if it has been, is or may have been contaminated by an organism that is or may be pathogenic to humans and if such organism has a significant probability of being present in sufficient quantities and with sufficient virulence to transmit disease. If the exact cause of a disease is unknown, but the health care professional in charge suspects the presence of a pathogen in the waste is the cause, such waste shall be managed as if the pathogen were identified and such waste shall be considered to be infectious waste.
(k)
INSTITUTIONAL/GOVERNMENT WASTEAll solid waste emanating from institutions such as, but not limited to, hospitals, nursing homes, orphanages, and public or private schools. It can include infectious waste from health care facilities and research facilities which has not been classified as a hazardous waste by the Virginia Hazardous Waste Regulations or the United States Environmental Protection Agency. Infectious waste which has been defined by state or federal law, rule or regulation as hazardous waste must be excluded from the waste stream.
(l)
PUTRESCIBLE WASTESolid waste which contains organic material capable of being decomposed by microorganism, and which causes odors.
(n)
WASTE OILA spent petroleum product or lubricating fluid from vehicles or equipment.
SOLID WASTE MANAGEMENT FACILITY
Any facility which engages in a planned program for effectively
controlling the storage, collection, transportation, processing and
reuse, conversion or disposal of solid waste in a safe, sanitary,
aesthetically acceptable, environmentally sound and economic manner,
in full compliance with all applicable local, state and federal regulations.
The Buchanan County Transfer Station and Buchanan County Landfill
are solid waste management facilities.
TRASH
Noncombustible discarded materials, including, but not limited
to, ashes, scrap metal, glass, brick, concrete or other construction
materials.
UNCOMPACTED WASTE
Refuse or waste which has not been reduced in volume by mechanical
or hydraulic means or, if so, has not been maintained in this reduced-volume
state during the transportation to the landfill.
WASTE GENERATOR
The person who actually produces waste intended for disposal
at the landfill.
WHITE GOODS
Refrigerators, freezers, stoves, clothes dryers, washing
machines, water heaters, window air conditioners and other large appliances
of similar size or character, and waste metal products.
YARD WASTE
Decomposable waste materials generated by yard and lawn care,
and include leaves, grass trimmings, brush up to six inches in diameter
and shrubs and tree trimmings arising from general landscaping maintenance.
This shall not include roots or stumps that exceed four inches in
diameter.