[HISTORY: Adopted by the Board of Supervisors of Shenandoah County 8-26-1976; amended in its entirety 9-23-1997 by Ord. No. 97-7. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Open burning — See Ch. 80.
Water and sewage disposal — See Ch. 161.
Pursuant to §§ 15.2-1200 and 15.2-931 of the Code of Virginia, the County of Shenandoah hereby regulates solid waste disposal and its affiliated activities.
A. 
Definitions. The following words and phases, when used in this chapter, shall have the meanings ascribed to them in this section, unless the context clearly indicates otherwise.
AGRICULTURAL WASTE
All solid waste produced from farming operations.
ASBESTOS-CONTAINING MATERIAL (ACM)
Any material or product which contains more than one percent (1%) by weight asbestos.
ASH or ASHES
The fly ash or bottom ash residual waste material produced from incineration or burning of solid waste or from any fuel combustion.
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.
CONSTRUCTION WASTE
Solid waste which is produced or generated during construction, remodeling or repair of pavements, houses, commercial buildings and 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."
DEBRIS WASTE
Wastes resulting from land clearing operations. "Debris waste" includes but is 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.
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 the Virginia Hazardous Waste Regulations (VR-672-10-1), or any hazardous-waste-like materials that exhibit characteristics of toxicity, reactivity, corrosivity or flammability. Radioactive and nuclear materials are considered to be "hazardous wastes."
HOUSEHOLD WASTE
Any waste material, including garbage, trash and refuse, derived from households. Households include single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation areas. "Household wastes" do not include sanitary waste in septic tanks (septage) which is regulated by other state agencies.
INDUSTRIAL WASTE
Any 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/by-products; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing/foundries; organic chemical; 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. This term does not include mining waste or oil and gas waste.
INFECTIOUS WASTE
Solid wastes defined to be infectious by the Infectious Waste Management Regulations (VR 672-40-01) as promulgated by the Virginia Waste Management Board.
INSTITUTIONAL WASTE
All 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 that must be managed as an infectious waste.
LEAD ACID BATTERY
Means, for the purposes of these regulations, any wet cell battery.
MUNICIPAL SOLID WASTE
That waste which is normally composed of household, commercial and institutional solid waste.
OPEN BURNING
The combustion of solid waste without:
(1) 
Control of combustion air to maintain adequate temperature for efficient combustion;
(2) 
Containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion; and
(3) 
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.
PCB
Any chemical substance that is limited to the biphenyl molecule that has been chlorinated to varying degrees or any combination of substances which contain such substance (see 40 CFR 761.3).
PERSON
Includes any natural person, association, partnership, firm or corporation.
PREMISES
Land, building(s) or other structure(s), vehicle(s) or parts thereof upon which or in which refuse is collected, stored or disposed.
PUTRESCIBLE WASTE
Solid waste which contains organic material capable of being decomposed by microorganisms and which causes odors.
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 cleanup of spills or contamination or other discarded materials.
REFUSE DISPOSAL FACILITY
Any site or operation used for the disposal of refuse and which meets standards and/or specifications of the Virginia Department of Environmental Quality and/or the County of Shenandoah.
RESPONSIBLE AUTHORITY
The legally designated authority of the Board of Supervisors, County of Shenandoah, who shall be authorized and directed to implement and enforce the provisions of this chapter, or his authorized representative(s).
RUBBISH
Combustible to 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."
SCAVENGER or SCAVENGING
The act of collecting, removing or salvaging refuse that has been disposed on or in any refuse disposal facility which has been established and/or operated by the County of Shenandoah.
SOLID WASTE
Any discarded material.
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.
TRASH
Combustible and noncombustible discarded materials, and is used interchangeably with the term "rubbish."
WASTE PILE
Any noncontainerized accumulation of nonflowing, solid waste that is used for treatment or storage.
WHITE GOODS
Any stoves, washers, hot water heaters or other large appliances.
YARD WASTE
That fraction of municipal solid waste that consists of grass clippings, leaves, brush and tree prunings arising from general landscape maintenance.
B. 
Word usage. The term "he" shall encompass the singular and the plural of both masculine and feminine pronouns.
A. 
It shall be unlawful to establish, operate or maintain a refuse disposal facility except in accordance with this chapter and/or the Virginia Solid Waste Management Regulations (VR672-20-10). This shall include engaging in operating open dumps, waste piles or open burning as defined in this chapter.
B. 
It shall be unlawful to use the County-owned rural refuse collection system, composed of strategically located collection facilities, for the disposal of anything other than household waste as defined in § 134-2 that has been generated by normal household activities. All other refuse generated by commercial, agricultural, demolition, construction, institutional, industrial and other nonhousehold activities shall be disposed of at the County sanitary landfill, during regular hours of operation, or other approved refuse disposal facilities. In addition, the following items as posted at the County collection facilities are prohibited from disposal at said facilities even if generated by households. Any commercial waste, petroleum products, tires, brush, construction debris (brick, block, lumber, drywall), paint or paint cans, furniture, metal appliances, scrap metals, larger electrical appliances (such as televisions), carpets or any other large objects.
C. 
Hazardous wastes, infectious wastes and other materials listed herein as prohibited from being disposed of at collection facilities and/or the County landfill shall be handled per the applicable state and federal regulations.
D. 
Special handling items such as tires, batteries, white goods, petroleum products, brush and yard wastes, and large or bulky items such as metals or lumber shall be disposed of at areas designated by the County.
E. 
Refuse collected in any area outside of Shenandoah County shall not be disposed of in the County unless a contract, permit or written agreement has been issued by the responsible authority.
F. 
It shall be unlawful to scavenge at, in or from any refuse disposal facility established and/or operated by the County of Shenandoah, including at the County landfill.
G. 
It shall be unlawful to dispose of refuse, either accidentally or by design, on any street, alley, road, stream, body of water or any public place or upon private property, whether owned or not, unless such refuse is disposed of in a refuse disposal facility as defined in § 134-2 of this chapter. This section shall not be construed to apply to agricultural lands whereupon the owner or legal lessee of such land may dispose of refuse generated by his agricultural operation in a manner that is not otherwise in violation of County, state or federal laws and regulations. Further, it shall be unlawful to dispose of any material other than into a refuse container or at a location designated for refuse collection by the County. Particularly, it shall be unlawful to dispose of materials on the ground at refuse disposal facilities except in areas specifically designated for such disposal.
H. 
Items prohibited from being disposed of at the County landfill.
(1) 
The following may not be received from households or commercial generators:
(a) 
Regulated hazardous wastes, which means anything described by the Virginia Hazardous Waste Regulations (VR 672-10-1). Items that fall under this category are those that exhibit characteristics of toxicity, reactivity, corrosivity or flammability, and include radioactive materials.
(b) 
Solid wastes, residues or soils containing more than one and zero-tenths (1.0) parts per billion of dioxins.
(c) 
Solid wastes, residues or soils containing fifty and zero-tenths (50.0) parts per million or more of PCB's.
(d) 
Unstabilized sewage sludge or sludges that have not been dewatered.
(e) 
Pesticide containers that have not been triple rinsed and crushed.
(f) 
Drums that are not empty, properly cleaned, opened at both ends and crushed.
(g) 
Other than for a recycling program, waste oil that has not been adequately absorbed in the course of a cleanup.
(h) 
Contaminated soil, including but not limited to petroleum products.
(i) 
Anatomical waste and infectious waste as specified in the Virginia Infectious Waste Regulations (VR 672-40-1901).
(j) 
Lead acid batteries other than at the designated collection location.
(k) 
Compressed gas cylinders.
(l) 
Tires other than at the designated collection location.
(2) 
In addition, commercial generators are prohibited from using the landfill to dispose of:
(a) 
Anything containing free liquids. Liquids must be adequately absorbed on a suitable material prior to placement in a landfill. Note: absorption of a material does not qualify a material for disposal if it is considered to be hazardous.
(b) 
Bulk or noncontainerized liquid waste.
(c) 
Containers holding liquid waste, unless the container is a small container similar in size to that normally found in household waste.
(3) 
If it is not clear that a particular waste is within the authorized wastes that the permitted facility may receive, it is required that the County receive a letter of clarification from the Virginia Department of Environmental Quality before receiving the waste.
(4) 
Ashes or any burning materials are prohibited from disposal at refuse collection facilities or the County landfill.
A. 
Nothing in this chapter shall require or preclude the Board of Supervisors or the responsible authority from establishing such permits and/or fees as may become desirable or necessary to carry out the requirements of this chapter.
B. 
Non payment of any duly instituted permits or fees for the disposal of solid waste shall be subject to the penalties of § 134-5.
Any violation of the provisions of this chapter shall constitute a Class 1 misdemeanor. Each day that the violation continues to exist shall constitute a separate offense.