§ 28-442. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Backyard burning means the disposal of residential waste by open burning on the premises of the property where such waste is generated.

Church means any well recognized not-for-profit organization operated primarily for religious purposes.

Commercial establishment means any person who conducts a trade or business from an established location.

Composting means the controlled, biological decomposition of selected solid organic waste materials under aerobic conditions resulting in an innocuous final product.

Discard means to place, cause to be placed, throw, deposit, or drop.

Disposal site means a permitted sanitary landfill or transfer station or other permitted facility for receiving or disposing of solid waste.

Garbage means all solid and semisolid, putrescible animal and vegetable wastes resulting from the handling, preparing, cooking, storing, serving and consuming of food or of material intended for use as food, and all offal, excluding useful industrial byproducts, and shall include all such substances from all public and private establishments and from all residences.

Hazard means a danger or risk lurking in a situation which by change or fortuity develops into an active agency of harm.

Landscape waste means any vegetable or plant wastes except garbage including trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery and yard waste.

Litter means any garbage, rubbish, trash, refuse, waste materials, debris or any other solid waste.

Open burning means any burning of combustible materials where the products of combustion are emitted into the open air without passing through a chimney or stack.

Open dumping means the depositing of solid wastes on the surface of the ground or into a body or stream of water.

Owner means and includes, in addition to the record title holder, any person residing in, renting, leasing, occupying, operating, or transacting business in any premises as defined herein, and as between such parties the duties, responsibilities, liabilities and obligations hereinafter imposed shall be joint and several.

Premises means the private property inside the property lines owned by a person.

Recyclable materials means materials that are separated from solid waste for the purpose of recycling and includes, but is not limited to, aluminum, tin, various plastics, corrugated cardboard, glass bottles, magazines and newspapers including slick advertising which are bundled in cardboard boxes or brown paper bags.

Recycling means any process by which waste or materials which otherwise become waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products. The term "recycling" includes, but is not limited to, the composting of yard waste which has been previously separated from other waste and collected by the sanitary facility, but does not include any form of energy recovery.

Refuse means putrescible and nonputrescible wastes, including, but not limited to, garbage, rubbish, ashes, incinerator ash, incinerator residues, street cleanings, market and industrial solid wastes and sewage treatment wastes in dry or semisolid form.

Residential means single-family houses, condominiums, duplexes, apartments, and townhouses.

Rubbish means nonputrescible solid waste consisting of combustible and noncombustible wastes, such as ashes, paper, cardboard, tin cans, yard waste, wood, glass, bedding, crockery, or litter of any kind.

Rubble means dirt, stone, brick, or similar inorganic materials used for beneficial fill, landscaping, excavation, or grading at places other than a sanitary disposal project. The term "rubble" includes asphalt waste only as long as it is not used in contact with water or in a floodplain. The term "rubble" does not mean gypsum or gypsum wallboard, coal combustion residue, foundry sand, or other industrial process wastes unless those wastes are approved by the state.

Sanitary disposal project means any facility permitted by the state department of natural resources to collect solid waste for final disposition.

School means any private or public institution organized primarily for the purpose of education.

Solid waste means garbage, refuse, rubbish, and other similar discarded solid or semisolid materials, including, but not limited to, such materials resulting from industrial, commercial, agricultural, and domestic activities. The term "solid waste" may include vehicles, as defined by I.C.A. § 321.1(90). The term "solid waste" does not prohibit the use of rubble at places other than a sanitary disposal project. The term "solid waste" does not include any of the following:

(1)

Hazardous waste regulated under the Federal Resource Conservation and Recovery Act, 42 USC 6921—6934.

(2)

Hazardous waste as defined in I.C.A. § 455B.411, except to the extent that rules allowing for the disposal of specific wastes have been adopted by the commission.

(3)

Source, special nuclear, or by-product material as defined in the Atomic Energy Act of 1954, as amended to January 1, 1979.

(4)

Petroleum contaminated soil that has been remediated to acceptable state or federal standards.

(5)

Steel slag which is a product resulting from the steel manufacturing process and is managed as an item of value in a controlled manner and not as a discarded material.

Toxic and hazardous wastes means waste materials including, but not limited to, poisons; pesticides; herbicides; acids; caustics; pathological wastes; flammable or explosive materials; rags or other materials soaked in volatile or inflammable materials, drugs; radioactive materials; highly combustible materials; soiled dressings, clothing, bedding and other similar wastes contaminated by infection or contagious disease; and similar harmful wastes, which requires special handling and careful disposal to conserve the environment and protect the public health and safety.

Yard waste means organic debris such as grass clippings, leaves, garden wastes, prunings, weeds, brush and trees which are produced as a part of yard and garden development and maintenance.

(Prior Code, § 105.02)