§ 95-12. Word Usage and Definitions.  
A.
For purposes of this article, the following terms, phrases, words and their derivatives 
shall have the meanings given herein. When not consistent with the context, words used 
in the present tense include the future tense; words used in the plural include the singular,
and words in the singular include the plural. The word "shall" is always mandatory and 
not merely directive.  
B.
The following terms are defined for purposes of this chapter:  
(1)
Board - The Board of Commissioners of Henderson County, North Carolina.   
(2)
Bulky Waste - Large items of solid waste, such as white goods, furniture 
(excluding cushions), large auto parts, trees, large blocks of concrete and 
asphalt, stumps and other oversize waste whose large size precludes or  
complicates their handling by normal solid waste collection, processing or 
disposal methods.   
(3)
Civil Penalty - A monetary fine assessed according to a schedule adopted by the 
Henderson County Solid Waste Department due to a violation of this article.   
(4)
Collector - Any person who picks up or hauls solid waste or recyclable materials
for a fee.   
(5)
Commercial Establishment - Any retail, wholesale, institutional, religious, 
governmental, service establishment or other nonresidential establishment which
may generate garbage, litter or other solid waste.   
(6)
Commission - The Environmental Management Commission.   
(7)
Composting  - The controlled decomposition of organic waste by naturally 
occurring bacteria, yielding a stable, humus-like, pathogen-free final product.   
(8)
Construction or Demolition - When used in connection with waste or debris 
means solid waste resulting solely from construction, remodeling, repair or 
demolition operations on pavement, buildings or other structures.   
(9)
Corrugated Cardboard - Non waxed paper boxes and other thick layered brown 
paper, formed with grooves and ridges, used in shipping or in which shipped 
goods are received.   
(10)
County - Henderson County.   
(11)
Covered - Encased by a tarpaulin, camper cover, metal cover, rigid cover, 
plastic, canvas or other suitable material, which is secured to prevent spillage, 
leakage or materials from blowing from the vehicle. Solid waste in plastic bags 
shall not be considered covered.   
(12)
Department - The North Carolina Department of Environment, Health and 
Natural Resources.   
(13)
Dwelling - Any residential unit housed in a building used for residential 
purposes or manufactured homes or a structure used for residential purposes on 
any property.   
(14)
EPA - The United States Environmental Protection Agency.   
(15)
Facility - Solid waste management facility, including the landfill, transfer 
station, recycling center, wood waste mulching area and other designated areas 
located at 191 Transfer Station Drive, Hendersonville, NC. 28791. 
(16)
Garbage - All putrescible wastes, including animal offal and carcasses, and 
recognizable industrial by-products, but excluding sewage and human waste.   
(17)
Hauler - Any person, permitted or not, who collects and transports refuse or 
other solid wastes or recyclable materials on public or private streets in  
Henderson County.   
(18)
Hazardous Refuse - Includes any rusted, jagged appliances or machinery, 
specifically, iceboxes and refrigerators, whose doors have not been properly 
dismantled, or which has been determined by the Solid Waste Director to 
constitute a health or safety hazard.   
(19)
Hazardous Waste   
a.
A solid waste or combination of solid wastes which, because of its 
quantity, concentration or physical, chemical or infectious 
characteristics, may cause or significantly contribute to an increase in 
  
mortality or increase in serious irreversible or incapacitating reversible 
illness or pose a substantial problem or potential hazard to human 
health or the environment if improperly treated, stored, transported or 
disposed of or otherwise managed.   
b.
Any substance classified as a hazardous waste by the EPA.     
(20)
Individual - Any person, organization, business or other entity generally capable
of owning real estate.   
(21)
Industrial Waste - All waste, including garbage, solids, semisolids, sludge and 
liquids created or generated by factories, processing plants or other 
manufacturing enterprises.   
(22)
Microbiological Waste - Cultures and stocks of infectious agents, including but 
not limited to specimens from medical, pathological, pharmaceutical, research, 
commercial and industrial laboratories.   
(23)
Mixed Paper - Envelopes, catalogs, bulk mail, magazines, computer paper, copy
paper, file folders, phone books, gray cartons, adding machine tapes, letters, 
scratch pads, soft-covered books and other material as defined by the Recycling 
Center Manager.   
(24)
Open Burning - Any fire whose products of combustion are emitted directly into
the outdoor atmosphere without passing through a stack or chimney, approved 
incinerator or other similar device.   
(25)
Open Dump - The consolidation or collection of solid waste from 1 or more 
sources at a disposal site which has unsanitary conditions, insignificant or no 
cover or insignificant or no management. This term shall include any disposal 
area which has not been approved by the Department.   
(26)
Pathological Waste - Human tissues, organs and body parts and the carcasses 
and body parts of all animals that were known to have been exposed to  
pathogens that are potentially dangerous to humans during research, were used 
in the production of biologicals or in vivo testing of pharmaceuticals or that died
with a known or suspected disease transmissible to humans.   
(27)
Permit - Written authorization from the Solid Waste Director to haul solid waste
or recyclable material in Henderson County for hire or compensation.   
(28)
Permitted Hauler - Any solid waste or recyclable material hauler authorized by 
the Solid Waste Director to transport refuse, solid waste or recyclable material 
for hire or compensation.   
(29)
Person - Any individual, firm, organization, partnership, corporation, company 
or unincorporated association.   
(30)
Putrescible Waste - Solid waste capable of being decomposed by 
microorganisms with sufficient rapidity as to cause nuisance from odors and 
gases, such as kitchen wastes, offal and carcasses.   
(31)
Radioactive Material - Any material which emits ionizing radiation 
spontaneously.   
(32)
Recycle, Recyclables Or Recyclable Material - Those materials or that process 
by which solid waste, or materials which would otherwise become solid waste, 
are collected, separated or processed and reused or returned to use in the form of
raw materials or products.   
(33)
Refuse - All nonputrescible waste.   
(34)
Refuse Receptacle or Receptacle -- A metal or plastic container or other material
approved by the Solid Waste Director.   
(35)
Regulated Medical Waste - Blood and body fluids in individual containers in 
volumes greater than 20 milliliters, microbiological waste and pathological 
waste that have not been treated.   
(36)
Rubbish - Solid or liquid waste from residences, commercial establishments or 
institutions.   
(37)
Sharps - Needles, syringes with attached needles, capillary tubes, slides and 
cover slips, scalpel blades, test tubes and blood collection tubes.   
  
(38)
Solid Waste - Any hazardous or nonhazardous garbage or other refuse, rubbish, 
litter, trash, tires and other discarded solid materials and solid or semisolid waste
materials resulting from industrial, commercial and agricultural operations and 
from community activities, but does not include solids or dissolved materials in 
domestic sewage or other significant pollutants in water resources, such as silt, 
dissolved or suspended solids in industrial wastewater effluent, dissolved 
materials in irrigation return flows or other common water pollutants. As used 
herein, "solid waste" shall refer collectively to any or all of the aforementioned 
waste materials, unless otherwise specified.   
(39)
Transfer Station - A permanent structure with mechanical equipment used for 
the collection or compaction of solid waste prior to the transportation of solid 
waste for final disposal.
(40)
Unsanitary Accumulation - Any amount of solid waste which is odoriferous, 
pestiferous or otherwise threatening to human health as determined by the Solid 
Waste Department.   
(41)
Used Motor Oil - Any oil that has been refined from crude oil or synthetic oil 
and, as a result of use, storage or handling, has become unsuitable for its original
purpose.   
(42)
White Goods - Inoperative or discarded refrigerators, ranges, water heaters, 
freezers and other similar domestic and commercial large appliances.   
(43)
Yard Waste - Solid waste consisting solely of vegetative matter, such as leaves, 
grass, limbs and trimmings, resulting from landscaping maintenance.