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For the purposes of this chapter, the following terms shall be construed to have the meanings set forth:

1. "Brush" means and includes the cuttings from trees, lawns, shrubs and gardens, leaves, grass, weeds or unattached portions of trees, bushes or shrubs.

2. "Business establishment" means and includes the plant, store, shop or other location of every kind of industrial, commercial and professional occupation including public or governmental agencies, schools and hospitals.

3. "City" means the City of Aberdeen, Washington.

4. "Comprehensive solid waste management plan" means the county solid waste management plan adopted by the county as it may be amended or superseded from time to time. The comprehensive solid waste management plan is incorporated herein by this reference.

5. "County" means Grays Harbor County, Washington, a political subdivision of the state of Washington.

6. "Director" means the City of Aberdeen Public Works Director or his designee which may include agents or employees of a private contractor performing solid waste collection services under agreement with the City.

7. "Disposal site" means a disposal site as defined by RCW 70.95.030.

8. "Dwelling" means every place or enclosure occupied by one or more persons as a temporary or permanent home or residence, and includes hotels, apartment houses, motels, cabin courts, single and multiple residences, house trailers and/or mobile homes.

9. "Handling" means solid waste handling, as defined herein.

10. "Hazardous waste" means any waste, material or substance (other than asbestos), which is:

a. Defined as hazardous by 40 C.F.R. Part 261 and regulated as hazardous waste by the United States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901, et seq., as amended by the Hazardous and Solid Waste Amendments ("HSWA") of 1984; the Toxic Substances Control Act, 15 U.S.C. § 2901 et seq.; the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. § 9601 et seq., as amended by the Superfund Amendments and Reauthorization Act ("SARA") of 1986, or any other federal statute or regulation governing the treatment, storage, handling or disposal of waste, materials or substances, which imposes special handling or disposal requirements similar to those required by Subtitle C of RCRA; or

b. Defined as dangerous or extremely hazardous by WAC 173-303 and regulated as dangerous waste or extremely hazardous waste by the Washington Department of Ecology under the State Hazardous Waste Management Act, RCW Chapter 70.105D, or any other Washington State statute or regulation governing the treatment, storage, handling or disposal of wastes, materials or substances, which imposes special handling or disposal requirements similar to those required by RCW Chapter 70.105. "Hazardous waste" shall include certain mixed waste as defined under WAC Chapter 173-303, i.e., a dangerous, extremely hazardous, or acutely hazardous waste that contains both a nonradioactive hazardous component and source or special nuclear or by-product material subject to the Atomic Energy Act of 1954, moderate risk waste as defined by RCW Chapters 70-102 and 70.105 and problem wastes as defined by WAC Chapter 173-304. "Hazardous waste" shall not include biomedical waste as defined by RCW Chapter 70.95K, the handling of such biomedical waste being governed by regulations promulgated by the Grays Harbor County Department of Health;

c. Any other waste, material or substance determined by a governmental entity with jurisdiction to be hazardous waste at the time of disposal but only so long as and go the extent that it is included in the definition of hazardous waste set forth above.

11. "Health officer" means the Grays Harbor District health officer and his authorized representatives and the authorized representatives of any other governmental health agency having jurisdiction within the city.

12. "Multiple dwelling" means structures or establishments containing more than one family dwelling, and shall include hotels, apartment houses, motels, cabin courts, triplexes, duplexes, and house trailer or mobile home courts.

13. "Operator" means any person with whom the county contracts for the design, construction, ownership or operation of any solid waste handling facility.

14. "Person" means an individual, firm, association, partnership, political subdivision, government agency, municipality, public or private corporation, or any other entity whatsoever.

15. "Recyclable materials" means recyclable materials as defined by RCW 70L.95.030.

16. "Recycle Bin" shall mean those separate stackable bins, as specified and approved by Grays Harbor County, for the sorting and temporary storage of cans (tin and aluminum), glass bottles, newspaper, and other recyclable materials as identified by regulations or ordinance.

17. "Recycling" means recycling as defined by RCW 70.95.030.

18. "Solid waste" means all putrescible and nonputrescible solid and semi-solid wastes, except sewage, from all public and private dwellings or other establishments including, but not limited to, waste vegetable and animal substances, waste containers of all kinds, rubbish, garbage, ashes, brush, swill, carcasses of dead animals not intended for food purposes, industrial wastes, recyclable materials, and demolition and construction wastes.

19. "Solid waste handling" or "handling" means solid waste handling as defined by RCW 70.95.030.

Prior to the adoption of 6327 on 07/17/2002, Section 13.08.030 read as follows.

For the purposes of this chapter, the following terms shall be construed to have the meanings set forth:

"Brush" means and includes the cuttings from trees, lawns, shrubs and gardens, leaves, grass, weeds or unattached portions of trees, bushes or shrubs.

"Business establishment" means and includes the plant, store, shop or other location of every kind of industrial, commercial and professional occupation including public or governmental agencies, schools and hospitals.

"City" means the city of Aberdeen, Washington.

"Comprehensive solid waste management plan" means the county solid waste management plan adopted by the county by Resolution No. __________, as it may be amended or superseded from time to time. The comprehensive solid waste management plan is incorporated herein by this reference.

"County" means Grays Harbor County, Washington, a political subdivision of the state of Washington.

"Director" means the city of Aberdeen Public Works Director or his designee.

"Disposal site" means a disposal site as defined by RCW 70.95.030.

"Dwelling" means every place or enclosure occupied by one or more persons as a temporary or permanent home or residence, and includes hotels, apartment houses, motels, cabin courts, single and multiple residences, house trailers and/or mobile homes.

"Handling" means solid waste handling, as defined herein.

"Hazardous waste" means any waste, material or substance (other than asbestos), which is:

1. Defined as hazardous by 40 C.F.R. Part 261 and regulated as hazardous waste by the United States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901, et seq., as amended by the Hazardous and Solid Waste Amendments ("HSWA") of 1984; the Toxic Substances Control Act, 15 U.S.C. § 2901 et seq.; the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. § 9601 et seq., as amended by the Superfund Amendments and Reauthorization Act ("SARA") of 1986, or any other federal statute or regulation governing the treatment, storage, handling or disposal of waste, materials or substances, which imposes special handling or disposal requirements similar to those required by Subtitle C of RCRA; or

2. Defined as dangerous or extremely hazardous by WAC 173-303 and regulated as dangerous waste or extremely hazardous waste by the Washington Department of Ecology under the State Hazardous Waste Management Act, RCW Chapter 70.105D, or any other Washington State statute or regulation governing the treatment, storage, handling or disposal of wastes, materials or substances, which imposes special handling or disposal requirements similar to those required by RCW Chapter 70.105. "Hazardous waste" shall include certain mixed waste as defined under WAC Chapter 173-303, i.e., a dangerous, extremely hazardous, or acutely hazardous waste that contains both a nonradioactive hazardous component and source or special nuclear or by-product material subject to the Atomic Energy Act of 1954, moderate risk waste as defined by RCW Chapters 70-102 and 70.105 and problem wastes as defined by WAC Chapter 173-304. "Hazardous waste" shall not include biomedical waste as defined by RCW Chapter 70.95K, the handling of such biomedical waste being governed by regulations promulgated by the Grays Harbor County Department of Health;

3. Any other waste, material or substance determined by a governmental entity with jurisdiction to be hazardous waste at the time of disposal but only so long as and go the extent that it is included in the definition of hazardous waste set forth above.

"Health officer" means the Grays Harbor District health officer and his authorized representatives and the authorized representatives of any other governmental health agency having jurisdiction within the city.

"Mini-can" shall mean any plastic or galvanized metal watertight waste material container, with tight-fitting cover and handles, which does not exceed twenty (20) gallons in capacity or forty (40) pounds in total weight (including noncompacted contents) nor weigh mope than twelve (12) pounds when empty.

"Multiple dwelling" means structures or establishments containing more than one family dwelling, and shall include hotels, apartment houses, motels, cabin courts, triplexes, duplexes, and house trailer or mobile home courts.

"Operator" means any person with whom the county contracts for the design, construction, ownership or operation of any solid waste handling facility.

"Person" means an individual, firm, association, partnership, political subdivision, government agency, municipality, public or private corporation, or any other entity whatsoever.

"Recyclable materials" means recyclable materials as defined by RCW 70L.95.030.

"Recycle Bin" shall mean those separate stackable bins, as specified and approved by Grays Harbor County, for the sorting and temporary storage of cans (tin and aluminum), glass bottles, newspaper, and other recyclable materials as identified by regulations or ordinance.

"Recycling" means recycling as defined by RCW 70.95.030.

"Solid waste" means all putrescible and nonputrescible solid and semi-solid wastes, except sewage, from all public and private dwellings or other establishments including, but not limited to, waste vegetable and animal substances, waste containers of all kinds, rubbish, garbage, ashes, brush, swill, carcasses of dead animals not intended for food purposes, industrial wastes, recyclable materials, and demolition and construction wastes.

"Solid waste handling" or "handling" means solid waste handling as defined by RCW 70.95.030.

"Standard container" means any plastic or galvanized metal watertight waste material container, with tight-fitting cover and handles which does not exceed thirty-two (32) gallons in capacity or sixty-five (65) pounds in total weight (including contents) nor weigh more than twelve (12) pounds when empty. (Prior code § 4.14.030)

(Ord. 6327, Amended, 07/17/2002)