§ 82-55. Definitions.

(a)

Unless specifically modified herein, terms relating to solid waste management, resource recovery and recycling shall have the meanings as defined by Georgia Department of Natural Resources Rule 391-3-4-.01 and the Georgia Comprehensive Solid Waste Management Act of 1990 codified as O.C.G.A. § 12-8-22, which may be amended or changed from time to time with such amendment or changes being incorporated herein.

(b)

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:

Biomedical waste means pathological waste, biological waste cultures and stocks of infectious agents and associated biologicals, contaminated animal carcasses (body parts, their bedding, and other wastes from such animals) sharps, chemotherapy waste, discarded medical equipment and parts, not including expendable supplies and materials which have not been decontaminated, as further defined in Rule 391-3-4-.15 of the Board of Natural Resources of the State of Georgia as such rule existed on January 1, 2006, and other such waste materials.

Board means the county board of commissioners.

Bulky waste means discarded items that are larger than three feet in any dimension, and/or heavier than 50 pounds in weight, and, therefore, too large to be collected in residential municipal solid waste storage containers or carts, including, but not limited to, items such as mattresses and box springs, indoor/outdoor furniture, swing sets, plastic swimming pools, large toys, bicycles, fish aquariums, and other similar items.

Collect or collection means to remove residential municipal solid waste, residential recovered materials, commercial solid waste, commercial recovered materials, construction or demolition waste or construction or demolition waste recovered materials, for transport to a disposal facility or processing facility, or cause such to be removed.

Collection services means the collection from a residential service unit or from a commercial establishment and any other locations which generate residential municipal solid waste, residential recovered materials, commercial solid waste, commercial recovered materials, construction or demolition waste, or construction or demolition recovered materials including related transportation, transfer, processing and/or disposal.

Collection vehicle means every motorized device in, upon or by which any person or property is or may be transported or drawn for the purposes of performing collection services.

Commercial container means a dumpster or other industry acceptable waste receptacle supplied by a commercial service provider intended to hold commercial solid waste or commercial recovered materials for collection.

Commercial establishment means any hotel; motel; apartment dwelling; residential structure consisting of greater than four units; business; public or semipublic building or premises of any nature or kind whatsoever other than a residential service unit.

Commercial establishment owner means any person, firm, corporation or other legally authorized entity owning, leasing, renting, occupying, or managing any commercial premises in unincorporated Gwinnett County.

Commercial recovered material means recovered material generated at a commercial establishment.

Commercial recovered material collection means the performance of all requirements of the article and other applicable laws related to the collection of commercial recovered materials, as well as incidental administrative tasks related to the performance of those requirements.

Commercial service provider means a person granted authorization by the county to engage in commercial solid waste collection and disposal and commercial recovered materials collection within unincorporated Gwinnett County who, under written agreement for compensation by those receiving services, does the work of collecting, transporting, disposing, and/or processing of commercial solid waste and commercial recovered materials.

Commercial solid waste means all types of solid waste generated by commercial establishments, such as stores offices, restaurants, warehouses, and other nonmanufacturing entities, excluding residential municipal solid waste, construction or demolition waste, hazardous waste, and industrial solid waste.

Commercial solid waste collection and disposal means the performance of all requirements of the article and other applicable laws related to commercial solid waste and commercial recovered materials, as well as incidental administrative tasks related to the performance of those requirements.

Composting means the controlled biological decomposition of organic matter into stable, odor-free humus.

Construction or demolition (C&D) waste means waste building materials and rubble resulting from construction, remodeling, repair, or demolition operations on pavements, houses, commercial buildings and other structures. Such waste includes, but is not limited to, waste containing asbestos, wood, bricks, metal, concrete, wallboard, paper, cardboard, carpeting, inert waste landfill materials approved for disposal, and other non-putrescible wastes associated with construction and demolition activities which have a low potential for groundwater contamination.

Construction or demolition (C&D) waste collection and disposal means the performance of all requirements of the article and other applicable laws related to C&D waste and C&D recovered materials, as well as incidental administrative tasks related to the performance of those requirements.

Construction or demolition (C&D) waste recovered materials means recovered materials resulting from construction, remodeling, repair, or demolition operations on pavements, houses, commercial buildings and other structures.

Construction or demolition (C&D) waste service provider means a person granted authorization by the county who, under written agreement for compensation by those receiving services, does the work of collecting, transporting, processing and/or disposing of C&D waste within unincorporated Gwinnett County.

County means Gwinnett County, Georgia.

Curbside collection refers to the collection of residential municipal solid waste and residential recovered materials from the designated residential collection location. Containers placed behind any structure such as a fence or wall or placed in a vault below the ground surface are not included in this definition and shall be excluded from curbside service.

Designated residential collection location means the location where the residential municipal solid waste storage container or cart, residential recovered materials storage container, and/or any yard trimmings, bulky waste, or white goods are placed within six feet of the curb, paved surface of the public road, closest accessible public right-of-way, or other such location agreed to by the residential service provider, that will provide safe and efficient accessibility to the residential service provider's collection crew and vehicle.

Disposal means dumping or depositing solid waste into or onto a disposal facility.

Disposal facility means any facility or location where the final deposition of solid waste occurs and includes, but is not limited to, landfilling and solid waste thermal treatment technology facilities.

Duplex means a building designed exclusively for residential occupancy by two families.

Elective service means collection services offered by a residential service provider, commercial service provider, or C&D waste service provider for an additional charge which is arranged between the service provider and a residential service unit owner, commercial establishment owner, or other responsible party and billed by the service provider.

Hazardous waste means any solid waste which has been defined as a hazardous waste in regulations promulgated by the United States Environmental Protection Agency or under the Georgia Hazardous Waste Management Act.

Industrial solid waste means solid waste generated by manufacturing or industrial processes or operations that is not a hazardous waste regulated by the Georgia Hazardous Waste Management Act. Such waste includes, but is not limited to, waste resulting from the following manufacturing processes: electrical power generation; fertilizer and agricultural chemicals; food and related products and by-products; inorganic chemicals; iron and steel products; leather and leather products; nonferrous metal and foundry products; organic chemicals; plastics and resins; pulp and paper; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textiles; transportation equipment; and water treatment. The term "industrial solid waste" does not include mining waste or oil and gas waste.

Mobile home means a mobile or manufactured home, receiving residential-type waste collection.

Multifamily dwelling means a building designed exclusively for residential occupancy by more than one family, except for duplex, triplex, and quadraplex units.

Non-curbside collection means collection of residential municipal solid waste, residential recovered materials, bulky waste, white goods, and/or yard trimmings outside the designated residential collection location.

Overage means the placement of residential municipal solid waste in the residential municipal solid waste storage container or cart such that materials extend beyond the container rim and the lid fails to fully close.

Person means the state or any other state agency or institution thereof, and municipality, county, political subdivision, public or private corporation, solid waste authority, special district empowered to engage in solid waste management activities, individual, partnership, association, or other entity in the state or any other state. The term "person" also includes any officer or governing or managing body of any municipality, political subdivision, solid waste authority, special district empowered to engage in solid waste management activities, or public or private corporation in the state or any other state. The term "person" also includes employees, departments, and agencies of the federal government.

Plan means the 2008 comprehensive solid waste management plan developed for the county and the Cities of Berkeley Lake, Dacula, Duluth, Grayson, Lawrenceville, Lilburn, Norcross, Snellville, Sugar Hill, and Suwanee, as amended prior to or subsequent to the effective date of the ordinance from which this article is derived.

Processing means any method, system or other treatment designed to change the physical form or chemical content of solid waste, and includes separation from solid waste or other handling of recovered materials for recycling.

Processing facility means a facility whose activities include, but are not limited to, the separation and preparation of solid waste for reuse or disposal or separation and preparation of recovered materials or yard trimmings to produce a marketable commodity.

Quadraplex means a building designed exclusively for residential occupancy by four families.

Recovered materials means those materials which have known use, reuse, or recycling potential; can be feasibly used, reused, or recycled; and have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent separation and processing.

Recovered materials processing facility means a facility engaged solely in the storage, processing, and resale or reuse of recovered materials. The term "recovered materials processing facility" shall not include a solid waste handling facility; provided, however, any solid waste generated by such facility shall be subject to all applicable laws and regulations relating to such solid waste.

Recycling means any process by which 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 except for mixed residential municipal solid waste composting, that is, composting of the typical mixed solid waste stream generated by residential, commercial, and/or institutional sources. Recycling includes the composting process if the compost material is put to beneficial use.

Residential municipal solid waste means solid waste generated at a residential service unit, and shall include white goods, bulky waste, and recovered materials.

Residential municipal solid waste collection services means the collection, processing and disposal of residential municipal solid waste by a residential service provider, in accordance with this article.

Residential municipal solid waste storage container or cart means a leakproof container with attached lid and wheels that will allow the manual, automated or semi-automated collection of residential municipal solid waste, meeting the specifications established by the county.

Residential recovered materials means recovered materials generated at a residential service unit.

Residential recovered materials collection service means the collection and processing of residential recovered materials in a single stream.

Residential recovered materials storage container means a container that will allow collection of residential recovered materials meeting specifications established by the county.

Residential service area means one of up to five service zones established by the county for residential solid waste collection and disposal.

Residential service fee means the fee assessed on each residential service unit for collection, transportation, processing and/or disposal of residential municipal solid waste, residential recovered materials, bulky waste, and/or white goods and for the administration of the county's solid waste program.

Residential service provider means a person who has received a service agreement from the county to perform the physical process of collecting, transporting, processing and disposing of the residential municipal solid waste, residential recovered materials, white goods, bulky waste and/or yard trimmings within unincorporated Gwinnett County.

Residential service unit means each unit or units within the following categories: single-family dwellings; duplexes or two-unit multifamily dwellings; triplexes or three-unit multifamily dwellings; quadraplexes or four unit attached multifamily dwellings; and mobile homes.

Residential service unit owner means any person, firm, corporation or other entity owning a residential premises in unincorporated Gwinnett County.

Residential solid waste collection and disposal means the performance of all requirements within the article and applicable laws related to residential municipal solid waste, residential recovered materials, yard trimmings, bulky waste, and white goods, as well as incidental administrative tasks related to the performance of those requirements.

Single-family dwelling means a building designed exclusively for residential occupancy by one family.

Special needs resident means a residential service unit owner who, as a result of a physical or mental challenge, is unable to place his residential municipal solid waste storage container or cart, residential recovered materials storage container, white goods, bulky waste and/or yard trimmings at the designated residential collection location for collection by the residential service provider, such that he satisfies this article.

Transfer station means a facility used to transfer solid waste from one transportation vehicle to another for transportation to a disposal facility or processing facility.

Treated wood means wood that has been treated or preserved with chromated copper arsenate (CCA), pentachlorophenol, or other chemicals which have been classified as known human carcinogens by the United States Environmental Protection Agency.

Triplex means a building designed exclusively for residential occupancy by three families.

Unacceptable waste means hazardous waste, biomedical waste, tires, paints, paint solvents, treated wood, unemptied aerosol cans, compressed gas cylinders, large engine parts, small engines containing oils or fuels, chemicals, large glass panes, large tree debris, stumps, ammunition of any type, dead animals larger than ten pounds, firearms, and any and all waste of which the acceptance and handling by a residential services provider or commercial service provider would cause a violation of any permit condition, legal or regulatory requirement, substantial damage to the service provider's equipment or facilities, or present a substantial danger to the health or safety of the public or the service provider's employees.

White goods means household appliances such as refrigerators, stoves, washers, dryers, water heaters, and other large enameled appliances, which do not contain polychlorinated biphenyl (PCB) or chlorofluorocarbon (CFC) units and have been officially certified to that effect, and in the case of refrigerators and freezers, which have had the doors removed.

Yard trimmings means leaves, brush, grass clippings, shrub and tree prunings, discarded Christmas trees, nursery and greenhouse vegetative residuals, and vegetative matter resulting from landscaping development and maintenance other than mining, agricultural, and silvicultural operations. As used herein, the term "yard trimmings" does not include stumps, roots, shrubs with intact root balls, and specifically excludes all treated wood.

Yard trimmings collection service means the yard trimmings subscription service as provided by the service agreement. The yard trimmings collection service shall be performed on a weekly basis, under a separate and elective arrangement with a residential service unit. The residential service provider may charge the residential service unit on an annual or semi-annual basis for yard trimmings collection, and may collect up to three cubic yards per collection of yard trimmings which any such individual yard trimmings included therewith shall not exceed four inches in diameter or more than three feet in length, placed in sturdy paper bags suitable for containing yard trimmings, excluding residential municipal solid waste storage containers or carts, residential recovered materials storage containers, and plastic bags; or, if greater than four inches in diameter and not placed in a suitable container. Yard trimmings that are tied in a bundle not weighing more than 50 pounds. The residential service unit shall contact the residential service provider directly to request yard trimmings collection service and shall timely place such yard trimmings at the designated collection location for collection by the residential service provider. Such yard trimmings may be collected and transported in the same collection vehicle used for the collection and transport of residential municipal solid waste. In the event that the service provider comingles yard trimmings with residential municipal solid waste, such materials shall be deposited in a landfill with a gas recovery system as provided by law.

(Ord. No. SWO2012-002, § IV, 8-7-2012; Ord. No. SWO 2018-001(GCID 2018-0134) , att., 3-20-2018)