§ 95-12. Word Usage and Definitions.
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.
The following terms are defined for purposes of this chapter:
Board - The Board of Commissioners of Henderson County, North Carolina.
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
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.
Collector - Any person who picks up or hauls solid waste or recyclable materials
for a fee.
Commercial Establishment - Any retail, wholesale, institutional, religious,
governmental, service establishment or other nonresidential establishment which
may generate garbage, litter or other solid waste.
Commission - The Environmental Management Commission.
Composting - The controlled decomposition of organic waste by naturally
occurring bacteria, yielding a stable, humus-like, pathogen-free final product.
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.
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.
County - Henderson County.
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.
Department - The North Carolina Department of Environment, Health and
Dwelling - Any residential unit housed in a building used for residential
purposes or manufactured homes or a structure used for residential purposes on
EPA - The United States Environmental Protection Agency.
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.
Garbage - All putrescible wastes, including animal offal and carcasses, and
recognizable industrial by-products, but excluding sewage and human waste.
Hauler - Any person, permitted or not, who collects and transports refuse or
other solid wastes or recyclable materials on public or private streets in
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.
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.
Any substance classified as a hazardous waste by the EPA.
Individual - Any person, organization, business or other entity generally capable
of owning real estate.
Industrial Waste - All waste, including garbage, solids, semisolids, sludge and
liquids created or generated by factories, processing plants or other
Microbiological Waste - Cultures and stocks of infectious agents, including but
not limited to specimens from medical, pathological, pharmaceutical, research,
commercial and industrial laboratories.
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
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.
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.
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.
Permit - Written authorization from the Solid Waste Director to haul solid waste
or recyclable material in Henderson County for hire or compensation.
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.
Person - Any individual, firm, organization, partnership, corporation, company
or unincorporated association.
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.
Radioactive Material - Any material which emits ionizing radiation
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.
Refuse - All nonputrescible waste.
Refuse Receptacle or Receptacle -- A metal or plastic container or other material
approved by the Solid Waste Director.
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.
Rubbish - Solid or liquid waste from residences, commercial establishments or
Sharps - Needles, syringes with attached needles, capillary tubes, slides and
cover slips, scalpel blades, test tubes and blood collection tubes.
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.
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.
Unsanitary Accumulation - Any amount of solid waste which is odoriferous,
pestiferous or otherwise threatening to human health as determined by the Solid
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
White Goods - Inoperative or discarded refrigerators, ranges, water heaters,
freezers and other similar domestic and commercial large appliances.
Yard Waste - Solid waste consisting solely of vegetative matter, such as leaves,
grass, limbs and trimmings, resulting from landscaping maintenance.