§ 70-1. Definitions.

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

Animal waste means any accumulation of waste manure or straw resulting from the transportation, housing or penning of animals.

Apartment means a room or suite of rooms with toilet and culinary accommodations used or designed for use as a residence by a family (see definition of the term "family domestic unit" in this section) or any four or more people located in a building containing three or more such rooms or suites or located in a building devoted primarily to uses other than residential.

Authorized recycler/recycling contractor means an individual or company which provides garbage collection services or recycling services.

Commercial means solid waste collection accounts serving for-profit businesses, services or institutions within the city.

Commercial garbage collector and commercial garbage hauler mean any person who hauls or transports any garbage, rubbish or animal waste through or upon the streets or alleys of this city for a fee.

Container means a city cart with a capacity of 65 or 95 gallons.

Corrugated cardboard means heavy paper with alternating ridges and grooves.

Electronic waste means discarded electrical or electronic devices.

Family means an individual or two or more persons related by blood or law occupying a dwelling unit and living as a single household entity. Each independent family unit occupying a building used in whole or in part for residential purposes, including mobile homes in mobile home courts, shall be deemed a family domestic unit for the purpose of this chapter.

Garbage means all refuse, containers or accumulation of animal or vegetable matter resulting from the processing, preparation, transportation, cooking, eating, sale or storage of meat, fish, vegetables and fruit.

Garbage collector and garbage hauler mean any person who hauls or transports any garbage through or upon the streets or alleys of this city.

Hazardous waste means a solid waste and/or combination of solid wastes which because of quantity, concentration or physical, chemical or infectious characteristics, may cause, or significantly contribute to an increase in mortality or an increase in serious, irreversible or incapacitating reversible illness, or which poses a substantial present or potential hazard to human health or to the environment when improperly treated, stored, managed, transported or disposed of, but hazardous waste does not include radioactive materials or mining wastes which are exempt pursuant to federal or state law.

Landfill. See Sanitary landfill.

Litter means garbage, rubbish, waste material or animal waste improperly disposed of by discarding, abandoning, allowing to accumulate, scattering or depositing outside an approved container.

Major appliance means a major residential or commercial appliance, including any air conditioner, clothes dryer, clothes washer, dishwasher, freezer, kitchen range, microwave oven, refrigerator, television and water heater.

Metal container means any container made from aluminum, tin or steel which contained a product for consumption.

Paper products means newspaper, office paper, junk mail, magazines, phone books, light colored paper, cardboard and corrugated cardboard.

Plastic products means #1 - soda and water bottles, #2 - milk jugs, cleaning bottles, plastic shopping bags, #3 - plastic food wrap and vegetable oil bottles, #4 - squeezable food bottles and bread and frozen food bags, #5 - medicine bottles, aerosol caps, drinking straws, #6 - CD cases, egg cartons, aspirin bottles, bubble wrap, #7 - some food containers and Tupperware.

Postconsumer material means products generated by a business or consumer that have served their intended end uses and that have been separated or diverted from solid waste for the purpose of collection and recycling.

Public/private entity means any individual, corporation, partnership, limited liability company or limited liability partnership.

Recovered material means material which is recovered or derived from solid waste.

Recovered paper material means paper waste generated after the completion of the papermaking process, such as postconsumer material, envelope cuttings, bindery trimmings, printing waste, cutting and other converting waste, butt rolls and mill wrappers, obsolete inventories and rejected unused stock. The term "recovered paper material" does not include fibrous waste generated during the manufacturing process such as fibers recovered from wastewater or trimmings of paper machine rolls, or fibrous byproducts of harvesting, extractive or woodcutting processes or forest residue such as bark.

Recyclable collector means any person who collects or receives recyclable materials from another person for a consideration or a fee and/or for the purpose of resale.

Recyclable materials means materials or products that may be readily separated from the solid waste stream and may be used or reused as a substitute for raw materials or other items, including, but not limited to, aluminum, paper, plastic, tin and steel.

Recycled means the quality of being manufactured from or consisting of, in whole or in part, material derived from solid waste.

Recycled paper means a paper product with not less than 20 percent of its total weight consisting of postconsumer material.

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

Recycling collection facility means an established facility where recyclable materials are collected for shipment offsite with no processing. Fully enclosed automated self-serve aluminum collection machines are considered recycling collection facilities. Facilities which handle recyclable hazardous materials or waste petroleum products are considered recycling collection facilities.

Recycling processing facility means an established facility where recyclable materials are collected and/or processed by sorting, volume reduction, containment or other preparation for shipment offsite.

Residential means a dwelling having accommodations for and occupied by one or more families.

Residential recycling means separation of the following material from solid waste material:

(1)

Paper products , including newspaper, office paper, junk mail, magazines, phone books, light colored paper, cardboard and corrugated cardboard.

(2)

Plastic products , including #1 - soda and water bottles, #2 - milk jugs, cleaning bottles, plastic shopping bags, #3 - plastic food wrap and vegetable oil bottles, #4 - squeezable food bottles and bread and frozen food bags, #5 - medicine bottles, aerosol caps, drinking straws, #6 - CD cases, egg cartons, aspirin bottles, bubble wrap, #7 - some food containers and Tupperware.

(3)

Aluminum/steel/tin products , including drink cans, food cans, clean tin foil and baking trays.

(4)

Glass products , including glass of all colors.

Rubbish means all combustible refuse matter, such as paper, sweepings, rags and similar materials.

Salvaging means the controlled removal of waste materials for reuse.

Sanitary landfill and landfill mean the area established for the dumping or depositing of garbage, rubbish, animal waste, litter and waste materials not prohibited by city ordinance.

Scavenging means the uncontrolled and unauthorized removal of waste materials.

Single stream means recycling in which all recycling material can be commingled in the same recycling container (see definition of Residential recycling).

Solid waste means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded materials, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial and agricultural operations and from community activities, but does not include mining waste in connection with a mine permitted under SDCL Title 45, hazardous waste as defined under SDCL Chapter 34A-11 (SDCL 34A-11-1 et seq.), solid or dissolved materials in domestic sewage or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act, as amended, or source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954, as amended.

State Law reference— Similar provisions, SDCL 34A-6-1.3(17).

Solid waste disposal facility means all facilities and equipment connected with such facilities, which are acquired, purchased, constructed, reconstructed, equipped, improved, extended, maintained or operated to facilitate the disposal or storage of solid waste.

Solid waste transfer facility means a fixed facility where solid waste from collection vehicles is consolidated and temporarily stored for subsequent transport to a permanent disposal site.

Source reduction means practices that reduce, avoid or eliminate both the generation of solid waste and the use of toxic materials so as to reduce risks to health and the environment and to avoid, reduce or eliminate the generation of wastes or environmental pollution at the source and which is not merely achieved by shifting a waste output or waste stream from one environmental medium to another environmental medium.

Special waste means asbestos, gasoline, fuel oil or waste oil, contaminated soils, materials, sediments, etc., commingled gasoline and fuel oil and/or waste oil contaminated soils, materials, sediments, anti-freeze contaminated soils, materials, and sediments, and similar materials.

State institution means South Dakota State University or any other institution established and maintained by the state located within or partly within the corporate limits of the city.

Tree, brush and garden waste means trees, tree branches, brush, wood, wood shavings and garden waste.

Universal recycling symbol means an equilateral triangle formed by three arrows with the shape of each point of the triangle at the midpoint of each arrow, rounded with a short radius. The arrowhead of each arrow shall be at the midpoint of each side of the triangle with a short gap separating the pointer from the base of the adjacent arrow. The triangle, formed by the three arrows curved at their midpoints, shall depict a clockwise path.

Waste material means all noncombustible inorganic matter such as ashes, glass, sand, earth, stones, concrete, mortar, metals and similar material.

Waste oil means any oil after use that is contaminated through storage or handling before the oil is recycled.

Waste tire means a tire that is no longer suitable for its original purpose because of wear, damage or defect.

Waste tire collection site means a site used for the storage, collection or deposit of waste tires.

Waste tire processing means producing or manufacturing usable materials from waste tires. The term "waste tire processing" does not include incineration of tires for fuel or energy recovery purposes.

Waste tire processing site means a site used for the processing of waste tires and owned or operated by a tire processor who has a permit for the site.

Yard waste means grass clippings and other similar waste vegetative material.

(Code 1996, § 17-2)

Cross reference

Definitions generally, § 1-2.