§ 20-71. Definitions.

As used in this article, the following terms shall have the meanings ascribed to them:

Brush: The cuttings or trimmings from trees, shrubs, lawns and similar materials.

City: The City of Henrietta, Texas.

City administrator: The administrative head of the municipal government under the direction and supervision of the governing body.

Commercial usage: Any use of the city's sanitary landfill for the deposit of garbage, trash, brush, rubbish, or other allowable refuse by a business enterprise, whether sole proprietorship, partnership, corporation or governmental entity, profit or nonprofit, or whether inside or outside the city limits.

Construction-demolition waste: Waste which typically results from construction or demolition projects and includes all materials which are directly or indirectly the byproducts of construction work or which result from demolition of buildings and other structures, including, but not limited to, paper, cartons, gypsum board, wood, excelsior, rubber, and plastics.

Contractual usage: Any contractual obligation between the city and a person or persons, or business enterprise, whether it be a sole proprietorship, partnership, corporation or governmental entity, profit or nonprofit, using the city's sanitary landfill.

Garbage: Solid waste consisting of putrescible animal and vegetable waste materials resulting from the handling, preparation, cooking, and consumption of food; including waste materials from markets, storage facilities, handling, and sale of produce and other food products.

Hazardous waste: Any solid waste identified or listed as a hazardous waste by the administrator of the U.S. Environmental Protection Agency (EPA) pursuant to the Federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, 42 U.S.C. 4901 et. seq., as amended.

Industrial hazardous waste: Hazardous waste determined to be of industrial origin.

Industrial solid waste: Solid waste resulting from or incidental to any process of industry or manufacturing, or mining or agricultural operations.

(1)

Class I industrial solid waste or Class I waste: Any industrial solid waste designated as Class I by the Executive Director of the Texas Department of Water Resources as any industrial solid waste or mixture of industrial solid wastes which because of its concentration or physical or chemical characteristics is toxic, corrosive, flammable, a strong sensitizer or irritant, a generator of sudden pressure by decomposition, heat, or other means and may pose a substantial present or potential danger to human health or the environment when improperly processed, stored, transported, or otherwise managed, including hazardous industrial waste.

(2)

Class II industrial solid waste: Any individual solid waste or combination of industrial solid wastes which cannot be described as Class I or Class III.

(3)

Class III industrial solid waste: Inert and essentially insoluble industrial solid waste, including materials such as rock, brick, glass, dirt, and certain plastics and rubber, etc., that are not readily decomposable.

Inert material: A naturally occurring nonputrescible material which is essentially insoluble such as soil, dirt, clay, sand, gravel, and rock.

Municipal hazardous waste: Any municipal solid waste or mixture of municipal solid wastes which has been identified or listed as a hazardous waste by the administrator of the U.S. Environmental Protection Agency.

Municipal solid waste: Solid waste resulting from or incidental to municipal, community, commercial, institutional, and recreational activities, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and all other solid waste other than industrial solid waste.

Refuse: All wastes, including garbage, rubbish and trash.

Residential metered water customers: Any owner or occupant of a private residence or residences, within the city, who has an active water account, and who pays both water and sanitation fees.

Residential usage: Any use of the city's sanitary landfill for the deposit of garbage, trash, brush, rubbish, or other allowable refuse, by an owner or occupant of one (1) or more private residences or unimproved lots within the city.

Rubbish: Nonputrescible solid waste consisting of both combustible and noncombustible waste materials; combustible rubbish includes paper, rags, cartons, wood, excelsior, furniture rubber, plastics, yard trimmings, leaves, and similar materials; cans, metal furniture, and the like materials which will not burn at ordinary incinerator temperatures (1600 degrees Fahrenheit to 1800 degrees Fahrenheit).

Scavenging: The uncontrolled and unauthorized removal of materials at any point in the solid waste management system.

Site development plant: A document, prepared by the design engineer, which provides a detailed design with supporting calculations and data for the development and operation of a solid waste site.

Site operating plan: A document, prepared by the design engineer in collaboration with the site operator or official in charge of site operation, which provides guidance to site management and operating personnel in sufficient detail to enable them to conduct day-to-day operations throughout the life of the site in a manner consistent with the engineer's design and the Texas Department of Health regulations.

Solid waste site: A plot of ground designated for the processing, storage, or disposal of solid waste.

Special waste: Any solid waste or combination of solid wastes that because of its quantity, concentration, physical or chemical characteristics or biological properties require special handling and disposal to protect human health or the environment. If improperly handled, transported, stored, processed or disposed of or otherwise managed, it may pose a present or potential danger to the human health or the environment. Special wastes include, but are not limited to:

(1)

Hazardous waste from small quantity generators that may be exempt from full controls as finally adopted by the appropriate federal or state agency.

(2)

Class I industrial nonhazardous waste not routinely collected with municipal solid waste.

(3)

Infectious and pathological wastes from health care facilities, veterinary hospitals, or laboratories.

(4)

Municipal wastewater treatment plant sludges which include other types of domestic sewage treatment plant sludges that have not been treated by one of the processes prescribed in federal regulations under 40 CFR Part 257, Appendix II.

(5)

Septic tank pumpings.

(6)

Grease and grit trap wastes.

(7)

Wastes from commercial or industrial wastewater treatment plants, air pollution control facilities; and tanks, drums, or containers used for shipping or storing any material that has been listed as a hazardous constituent in 40 CFR Part 261, Appendix VIII, but has not been listed as a commercial chemical product in 40 CFR 261.33 (e) or (f).

(8)

Slaughterhouse wastes.

(9)

Dead animals.

(10)

Drugs, contaminated foods, or drink products, other than those contained in normal household waste.

(11)

Pesticide (insecticide, herbicide, fungicide, or rodenticide) containers.

(12)

Asbestos or discarded materials containing asbestos.

(Ord. No. 8907, 10-16-89)