Chapter 7.04 DEFINITIONS

“Bulky waste” shall include but will not be limited to stoves, refrigerators, water tanks, washing machines, furniture and other waste materials other than construction debris, dead animals, hazardous waste or stable matter with weights or volumes greater than those allowed for containers. (Ord. 3103 § 1, 2009).

7.04.022 Construction debris.

“Construction debris” means waste building materials resulting from construction, remodeling, repair or demolition operations, except substances considered as hazardous waste. (Ord. 3103 § 1, 2009).

7.04.025 Customer.

“Customer” means all persons, firms, corporations and associations required to deposit solid waste and recycling in accordance with LMC 7.12.010. (Ord. 3103 § 1, 2009; Ord. 2294 § 7, 1987).

7.04.030 Dead animals.

“Dead animals” means all animals and fowl which may die or may be killed for other than purposes of human consumption. (Ord. 3103 § 1, 2009; Ord. 1016 § 1, 1959).

7.04.035 Director.

“Director” means the director of community development, or his/her designee, unless specifically stated otherwise. (Ord. 3103 § 1, 2009).

7.04.040 Garbage.

“Garbage” means all solid waste. (Ord. 3103 § 1, 2009; Ord. 1016 § 1, 1959).

7.04.042 Hazardous waste.

“Hazardous waste” means any substance that is:

(1) Defined as hazardous by 40 CFR Part 261 and regulated as hazardous waste by the United States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery Act (“RCRA”) of 1976, 42 USC Section 6901 et seq., as amended by the Hazardous and Solid Waste Amendments (“HSWA”) of 1984; the Toxic Substances Control Act, 15 USC Section 2601 et seq.; or any other federal statute or regulation governing the treatment, storage, handling or disposal of waste imposing special handling or disposal requirements similar to those required by Subtitle C of RCRA; or

(2) Defined as dangerous or extremely hazardous by Chapter 173-303 WAC and regulated as dangerous waste or extremely hazardous waste by the Washington State Department of Ecology under the State Hazardous Waste Management Act, Chapter 70.105 RCW, or any other Washington State statute or regulation governing the treatment, storage, handling or disposal of wastes and imposing special handling requirements similar to those required by Chapter 70.105 RCW. (Ord. 3103 § 1, 2009).

7.04.050 Health officer.

“Health officer” means the city or county health officer as defined by the laws of the state. (Ord. 3103 § 1, 2009; Ord. 1016 § 1, 1959).

7.04.054 Landfill.

“Landfill” means the Cowlitz County landfill and recycling drop-off facility. (Ord. 3103 § 1, 2009).

7.04.056 Multifamily.

“Multifamily” means those buildings that are two residential units or more within the same structure. (Ord. 3103 § 1, 2009).

7.04.060 Offal.

“Offal” means waste animal matter from butcher, slaughter or packing houses. (Ord. 3103 § 1, 2009; Ord. 1016 § 1, 1959).

7.04.070 Person.

“Person” means every person, firm, partnership, association, institution and corporation. The term also means the occupant and/or the owner of the premises for which services herein mentioned are rendered. (Ord. 3103 § 1, 2009; Ord. 1016 § 1, 1959).

7.04.075 Recycling, recyclable material, nonrecyclable solid waste.

“Recycling” means a process through which materials that have served their intended use or are scrapped, discarded, used, surplus, or obsolete are collected, separated, or processed and returned to use in the form of raw materials in the production of new products. “Recyclable material” means newspaper, junk mail, mixed paper, magazines, cereal-type boxes, cardboard, clear-brown-green glass, tin and aluminum cans and plastics No. 1 (PETE – polyethylene terephthalate) or No. 2 (HDPE – high density polyethylene). These materials are either brought to a collection center or picked up from the curbside or alleyway; and sorted, cleaned and reprocessed into new products bound for manufacturing. Materials that are recyclable and defined as “e-waste” consist of computers, laptops, computer monitors and televisions. Materials that are not recyclable and also defined as “e-waste” consist of a mouse, printers, copiers, scanners and all other peripherals and electronic accessories, including cellular phones. Nonrecyclable waste is any material not identified in this definition as recyclable material. (Ord. 3103 § 1, 2009).

7.04.080 Sanitary department or solid waste and recycling division.

“Sanitary department” means the city sanitary department as created by LMC 7.08.010 and now known as the “solid waste and recycling division” as part of the department of community development. (Ord. 3103 § 1, 2009; Ord. 1016 § 1, 1959).

7.04.082 Solid waste.

“Solid waste” means all putrescible and nonputrescible solid and semi-solid wastes, generated by a producer at a residential, multifamily or commercial unit, including, but not limited to, excrement and undigested residue of food eliminated by humans, animals, fish and birds, all waste wood, wood products, tree trimmings, trimmings from trees, shrubs and hedges, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded mattresses, used and discarded clothing, used and discarded shoes and boots, offal, combustible waste pulp and other products such as packaging, or mineral or metallic substances, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, and any or all other waste materials not included in the definition of bulky waste, construction debris, dead animals, litter, special waste and stable matter. The term “solid waste” shall not include hazardous wastes. (Ord. 3103 § 1, 2009).

7.04.086 Stable matter.

“Stable matter” means all manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry or livestock. (Ord. 3103 § 1, 2009).

7.04.210 Severability.

If any section, subsection, sentence, clause, phrase, words or word of this chapter is for any reason found to be unconstitutional or otherwise invalid, such unconstitutionality or invalidity shall not affect the constitutionality or validity of the remaining portions of this chapter, it being expressly declared that each section, subsection, sentence, clause, phrase, words or word would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, words or word be declared or otherwise found unconstitutional or invalid for any reason. (Ord. 3103 § 1, 2009).

7.04.220 Interpretation.

In the event any other city ordinance, whether or not codified, is in conflict with any of the terms of this chapter, the more stringent shall be construed as applicable. (Ord. 3103 § 1, 2009).