The Frederick County Board of Supervisors desires
to protect the health, safety and welfare of the citizens of Frederick
County, while providing an effective and efficient means of managing
the citizens' solid waste disposal needs. It is the purpose of this
chapter to establish minimum requirements to achieve the best possible
methods of solid waste management, while safeguarding the environment
and the citizens of Frederick County pursuant to the provisions of
Title 15.2, Article 2 of the Code of Virginia.
As used in this chapter, the following terms
shall have the meanings indicated:
ABANDONED VEHICLE
Any vehicle which is incapable of being properly operated,
including an unlicensed vehicle as defined by the County's Zoning
Ordinance.
ASH
The fly ash or bottom ash residual waste material produced
from incineration or burning of solid waste or from any fuel combustion.
BIOSOLID
Stabilized sewage sludge generally used for agricultural
land application as a fertilizer supplement or soil amendment. Biosolids
may also be used in silviculture to increase forest productivity,
to stabilize and revegetate areas destroyed by mining, dredging or
construction, or used to produce commercial and residential soil amendment
products.
BOARDINGHOUSE
A building arranged or used for lodging for compensation
and not occupied as a single-family unit.
CLEAN WOOD
Uncontaminated natural or untreated wood. Clean wood includes
but is not limited to by-products of harvesting activities conducted
for forest management or commercial logging or mill residues consisting
of bark, chips, endings, sawdust, shavings or slabs. It does not include
wood that has been treated, adulterated or chemically changed in some
way; treated with glues, binders or resins; or painted, stained or
coated.
COMMERCIAL WASTE
All 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.
COMPOST
A stabilized organic product produced by a controlled aerobic
decomposition process in such a manner that the product can be handled,
stored and/or applied to the land without adversely affecting public
health or the environment. Composted sludge shall be as defined by
the Virginia Sewerage Regulations.
CONSTRUCTION/DEMOLITION/DEBRIS LANDFILL
A land burial facility engineered, constructed and operated
to contain and isolate construction waste, demolition waste, debris
waste, inert waste or combinations of the above solid wastes.
CONSTRUCTION SITE
Any residential, commercial, industrial or other area, lot
or site at which construction of any type is conducted, including
roads, buildings and all other places actively being constructed or
renovated.
CONSTRUCTION WASTE
Solid waste which is produced or generated during construction,
remodeling or repair of pavement, houses, commercial buildings or
other structures. Construction wastes include, but are not limited
to, lumber, wire, sheetrock, broken brick, shingles, glass, pipes,
concrete, paving materials and metal and plastics if the metal or
plastics are a part of the materials of construction or empty containers
for such materials. Paints, coatings, solvents, asbestos, any liquid,
compressed gases or semiliquids and garbage are not construction wastes.
CONTAMINATED SOIL
For the purposes of this regulation, and as defined by Chapter
80 of the Virginia Solid Waste Management Regulations, a soil that,
as a result of a release or human usage, has absorbed or adsorbed
physical, chemical or radiological substances at concentrations above
those consistent with nearby undisturbed soil or natural earth materials.
CONVENIENCE SITE
A collection point for the temporary storage of solid waste
provided for individual solid waste generators who choose to transport
solid waste generated on their own premises to an established centralized
point, rather than directly to a disposal facility. To be classified
as a convenience site, the collection point may not receive waste
from collection vehicles that have collected waste from more than
one real property owner. A convenience site shall be on a system of
regularly scheduled collections.
[Added 5-10-2006]
COUNTY
For the purposes of this chapter, the County of Frederick,
Virginia.
COUNTY BOARD
The six-member governing body of the County of Frederick,
Virginia, known as the "Frederick County Board of Supervisors."
COVER MATERIAL
Compactible soil or other approved material which is used
to blanket solid waste in a landfill.
DEBRIS WASTE
Wastes resulting from land clearing operations. Debris wastes
include, but are not limited to, stumps, wood, brush, leaves, soil
and road spoils.
DEMOLITION WASTE
That solid waste which is produced by the destruction of
structures and their foundations and includes the same materials as
construction wastes.
DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ)
The state agency which enforces environmental laws and regulations
and ensures compliance with permit and regulatory requirements; this
agency is responsible for landfill permitting.
DIRECTOR OF PUBLIC WORKS
The County employee responsible for the daily operations
and supervision of employees making up the County's Department of
Public Works. The Director of Public Works shall have general supervision
over this chapter and shall periodically inspect all County facilities,
landfills, citizens' convenience sites and all other solid waste disposal
facilities.
DISPOSAL
The discharge, deposit, injection, dumping, spilling, leaking
or placing of any solid waste into or on any land or water so that
such solid waste or any constituent thereof may enter the environment
or be emitted into the air or discharged into any waters.
DORMITORY
A space in a building where group sleeping accommodations
are provided in one room, or in a series or closely associated rooms,
for persons not members of the same family group.
FACILITY
Solid waste management facility unless the context clearly
indicates otherwise.
FREE LIQUIDS
Liquids which readily separate from the solid portion of
a waste under ambient temperature and pressure as determined by the
Paint Filter Liquids Test, Method 9095, United States Environmental
Protection Agency, Publication SW-846.
GARBAGE
Readily putrescible discarded materials composed of animal,
vegetable or other organic matter.
HAZARDOUS WASTE
A "hazardous waste" as described by Title 10.1, Article 1
of the Code of Virginia.
HOUSEHOLD COMPOST
The accumulation and manipulation through a natural aerobic
process of decomposable yard waste and other organic materials to
reduce the overall volume of waste material and/or create an effective
substitute for a commercial soil-enriching product. This process must
be maintained in such a manner that no offensive odors are created.
To be considered household compost, the end product must not be part
of a commercial enterprise, but utilized on property owned by the
private individual creating the compost material.
HOUSEHOLD WASTE
Any waste material, including garbage, trash and refuse,
derived from households. Household wastes do not include sanitary
waste in septic tanks (septage) which is regulated by other state
agencies.
INCINERATOR
A facility or device designed for the treatment of solid
waste by combustion.
IGNITABLE WASTE
A.
Liquids having a flash point of less than 140°
F. (60° C.), as determined by the methods specified in Chapter
60 of the Virginia Hazardous Waste Management Regulations;
B.
Nonliquids liable to cause fires through friction,
absorption of moisture, spontaneous chemical change or retained heat
from manufacturing or liable, when ignited, to burn so vigorously
and persistently as to create a hazard;
C.
Ignitable compressed gases; and/or oxidizers.
INDUSTRIAL WASTE LANDFILL
A solid waste landfill used primarily for the disposal of
a specific industrial waste or a waste which is a by-product of a
production process.
INFECTIOUS WASTE
Solid wastes defined to be infectious by the Virginia Regulated
Medical Waste Management Regulations as promulgated by the Virginia
Waste Management Board.
INSTITUTION
Any public or private establishment which educates, instructs,
treats for health purposes or otherwise performs a service or need
for the community, region, state or nation.
INSTITUTIONAL WASTE
All solid waste emanating from institutions such as, but
not limited to, hospitals, nursing homes or orphanages, and public
or private schools. It can include infectious waste from health care
facilities and research facilities that must be managed as an infectious
waste.
LANDFILL
A sanitary landfill, an industrial waste landfill or a construction/demolition/debris
landfill.
LANDFILL DISPOSAL AREA
The area within the property boundary of a landfill facility
in which solid waste is buried or permitted for actual burial.
LANDFILL MANAGER
The County employee responsible for the daily operations
and supervision of the County's landfills and staff. The landfill
manager reports directly to the Director of Public Works.
LIQUID WASTE
Any waste material that is determined to contain "free liquids"
as defined by these regulations.
LITTER
All waste material, disposable packages or containers but
not including the wastes of the primary processes of mining, logging,
sawmilling, farming or manufacturing in accordance with Title 10.1,
Article 3 of the Code of Virginia. "Litter" may also be defined as
any of the above scattered about a solid waste management facility
outside the immediate working area as defined in Chapter 80 of the
Virginia Solid Waste Management Regulations.
LITTER RECEPTACLE
A container with a capacity of not less than 25 gallons,
constructed and placed for use as a depository for litter.
MATERIALS RECOVERY FACILITY
A solid waste management facility for the collection, processing
and recovery of material such as metals from solid waste or for the
production of a fuel from solid waste. In order to classify as a materials
recovery facility, all materials received by the facility must be
processed and recovered, with no materials being shipped from the
facility to a central solid waste management facility for disposal,
incineration or resource recovery.
[Amended 5-10-2006]
MULCH
Woody waste consisting of stumps, trees, limbs, branches,
bark, leaves and other clean wood waste which has undergone size reduction
by grinding, shredding or chipping and is distributed to the general
public for landscaping purposes or other horticultural uses except
composting as defined and regulated under these regulations or the
Yard Waste Composting Regulations.
MULTIPLE-FAMILY DWELLING
A structure arranged or designed to be occupied by two or
more households as defined by the County's Zoning Ordinance.
MUNICIPAL SOLID WASTE
That waste which is normally composed of residential, commercial
and institutional solid waste.
NUISANCE
An activity which unreasonably interferes with an individual's
or the public's comfort, convenience or enjoyment such that it interferes
with the rights of others by causing damage, annoyance or inconvenience.
ON-SITE INDUSTRIAL WASTE LANDFILL
A landfill on property owned and operated by the industrial
facility supported. Access is controlled and limited to the supported
industrial facility. This landfill shall be permitted through the
State Department of Environmental Quality.
ONE-FAMILY DWELLING or SINGLE-FAMILY DWELLING
A structure designed to be occupied by one household as defined
by the County's Zoning Ordinance. However, for purposes of this regulation,
"mobile homes" shall be defined as one-family dwellings.
OPEN BURNING
The combustion of solid waste without:
A.
Control of combustion air to maintain adequate
temperature for efficient combustion;
B.
Containment of the combustion reaction in an
enclosed device to provide sufficient residence time and mixing for
complete combustion; and
C.
Control of the combustion products' emission.
OPEN DUMP
A site on which any solid waste is placed, discharged, deposited,
injected, dumped or spilled so as to present a threat of a release
of harmful substances into the environment or present a hazard to
human health.
OPERATOR
The person responsible for the overall operation and site
management of a solid waste management facility.
PERMIT
The written permission of the Executive Director of the Department
of Environmental Quality to own, operate or construct a solid waste
management facility.
PERSON
An individual, corporation, partnership, association, governmental
body, municipal corporation or any other legal entity.
PRIVATE HAULER
Any licensed person engaged in the collection, transportation
or disposal of solid waste from two or more residential, commercial,
industrial, institutional or other establishments.
PRIVATE PROPERTY
Property owned by any person including but not limited to
yards, grounds, driveways, entrances, passageways, parking areas,
storage areas, any body of water, vacant land and recreational facilities.
PRIVATE SOLID WASTE DISPOSAL FACILITY
Any solid waste disposal facility, including, without limitations,
all solid waste disposal facilities other than facilities owned or
operated by a local government, combination of local governments or
public service authority.
PUBLIC BUILDING
Any building which is owned or operated by government or
private interests and which is used as a place to conduct business
in which the general public is involved.
PUBLIC PROPERTY
Any area that is used or held out for use by the public,
whether owned or operated by public or private interests, including
but not limited to highways, streets, alleys, parks, recreation areas,
sidewalks, medians, lakes, rivers, streams, ponds or other bodies
of water, but not including indoor areas. "Indoor areas" shall be
construed to mean any enclosed area covered with a roof and protected
from water and wind.
PUTRESCIBLE WASTE
Solid waste which contains organic material capable of being
decomposed by micro-organisms and cause odors.
RECYCLING
The process of separating a given waste material from the
wastestream and processing it so that it may be used again as a raw
material for a product which may or may not be similar to the original
product.
RECYCLABLES
Those items (i.e., glass, aluminum, plastics, paper, textiles)
designated by the Public Works Director or his designee for separation
from the wastestream.
REFUSE
All solid waste products having the character of solids rather
than liquids and which are composed wholly or partially of materials
such as garbage, trash, rubbish, litter, residues from clean up spills
or contamination, or other discarded materials.
REGULATED ASBESTOS WASTE
Any material containing more than 1 percent asbestos by weight which, when dry, may be crumbled, pulverized or reduced to powder by hand pressure and is considered friable and regulated as a special waste in Part
VIII.
RUBBISH
Combustible or slowly putrescible discarded materials which
include but are not limited to trees, wood, leaves, trimmings from
shrubs or trees, printed matter, plastic and paper products, grass,
rags and other combustible or slowly putrescible materials not included
under the term "garbage."
SALVAGE
The authorized, controlled removal of waste materials from
a solid waste management facility.
SANITARY LANDFILL
An engineered land burial facility for the disposal of household
waste which is so located, designed, constructed and operated to contain
and isolate the waste so that it does not pose a substantial present
or potential hazard to human health or the environment. A sanitary
landfill also may receive other types of solid wastes, such as commercial
solid waste, nonhazardous sludge, hazardous waste from conditionally
exempt small quantity generators and nonhazardous industrial solid
waste.
SCAVENGING
The unauthorized or uncontrolled removal of waste materials
from a solid waste management facility.
SERVICE AREA
That area served by the Frederick County Regional Sanitary
Landfill which encompasses the County of Frederick, the County of
Clarke and the City of Winchester.
SCRAP METAL
Bits and pieces of metal parts such as bars, rods, wire,
empty containers or metal pieces that may be combined together with
bolts or soldering which are discarded material and can be used, reused
or reclaimed.
SHARP
Any new or used needles, scalpel blades, lancets, glass,
syringes, razor blades, pipettes or anything having a sharp point
or edge. This includes anything that may break during transport and
thus puncture a garbage bag.
SLUDGE
Any solid, semisolid or liquid waste generated from a municipal,
commercial or industrial wastewater treatment plant or air pollution
control facility exclusive of treated effluent from a wastewater treatment
plant.
SOLID WASTE
Any discarded material. Solid is defined by Part III of the
Virginia Solid Waste Regulations.
SOLID WASTE DISPOSAL AREA
The area within the property boundary of a landfill facility
in which solid waste is buried or permitted for actual burial.
SPECIAL WASTES
Solid wastes that are difficult to handle, require special
precautions because of hazardous properties or the nature of the waste
creates waste management problems in normal operations.
STORAGE
The holding of waste, at the end of which the waste is treated,
disposed or stored elsewhere.
TRANSFER STATION
Any solid waste storage or collection facility at which solid
waste is transferred from collection vehicles to haulage vehicles
for transportation to a central solid waste management facility for
disposal, incineration or resource recovery.
[Amended 5-10-2006]
TRASH
Combustible and noncombustible discarded materials and is
used interchangeably with the term "rubbish."
VEHICLE
Every device capable of being moved upon a public highway
or public waterway and in, upon or by which any person or property
may be transported or drawn upon a public highway or public waterway,
and shall also include any watercraft, boat, ship, vessel, barge or
other floating craft, except devices moved by human power, or used
exclusively upon stationary rails or tracks, or used exclusively for
agricultural purposes and not licensed pursuant to state law, which
is not operated on any public highway for purposes other than crossing
such public highway or along such highway between two tracts of the
owner's land.
WHITE GOODS
Includes, but is not limited to, items such as stoves, refrigerators,
freezers, washers, dryers, hot-water heaters, window air conditioners,
dehumidifiers and other large appliances.
YARD WASTE
That fraction of municipal solid waste that consists of decomposable
waste materials generated by general yard and lawn care such as grass
clippings, leaves, wood chips, brush and tree prunings. Yard waste
does not include roots or stumps that exceed six inches in diameter.
The County Board reserves the option to establish
curbside refuse and recyclables collection in certain areas of the
County, based on population densities, pursuant to Resolution No.
7-98 approved by the County Board in August 1998.
No person shall own, operate or allow to be
operated on his property an open dump in accordance with Title 10.1,
Article 2 of the Code of Virginia. All garbage and refuse is to be
properly disposed of at County-operated citizens' convenience sites
or at the County's permitted landfill facilities.
No person shall dispose of solid waste on the
property of another. Garbage and refuse may only be disposed of at
County-operated citizens' convenience sites or at the County's permitted
landfill facilities.
Any person, firm or corporation who or which
shall violate any of the provisions of this article shall, upon conviction,
be punishable by a maximum fine of $2,500 or by incarceration in jail
for not more than 12 months, or by both such fine and incarceration
and/or loss of trash/recyclables disposal privileges in the County.
Provisions of this chapter do not relieve the
applicant of the responsibility to secure required permits or approvals
for activities regulated by other applicable codes, rules, acts or
ordinances. If more stringent requirements concerning solid waste
disposal are contained in any other codes, rules, acts or ordinances,
the more stringent regulation shall apply.
If the provisions of any article, section, subsection,
paragraph, subdivision or clause of this chapter shall be judged invalid
by a court of competent jurisdiction, such order or judgment shall
not affect or invalidate the remainder of any article, section, subsection,
paragraph, subdivision or clause of this chapter.