§ 10.20.010. Definitions.

In this chapter, the following words and terms shall have the following meanings, unless the context otherwise requires:

"Battery box" means any container which has been used to hold battery plates and battery acid for use in automotive equipment or in the operation of gasoline engines, radios and like devices or equipment.

"Battery parts" means the lead plates or separation plates used in batteries.

"Bulky waste" means large items of solid waste such as white goods, mattresses, tires, furniture, autos or large auto parts, and other oversize wastes whose large size precludes safe or convenient loading in approved waste containers or complicates handling by normal collection, processing, or disposal methods or vehicles. Bulky waste also means a form of municipal waste materials from residential generators which are either too large or too heavy to be safely and conveniently loaded in the approved refuse disposal container or waste transportation vehicles, including but not limited to, white goods, mattresses, furniture and tires.

"Chipper residue" means wood chips produced by mechanical grinding of limbs, brush, or other woody waste.

"Collector" means a person engaged in the business of collecting solid waste for the purpose of delivery to a transfer station or final disposal point.

"Commercial-Industrial establishment" means any establishment not defined as residential in Title 17 of the Metropolitan Code of Laws.

"Composting" means the biological decomposition of organic constituents under controlled conditions.

"Compost facility" means premises that accept organic constituents from off-site for the purpose of biological decomposition into a nuisance-free end product. A compost facility shall be considered to be a waste processing facility.

"Construction and demolition waste" means waste materials from the demolition, remodeling, repair and construction of residential, industrial, or commercial structures or from road building. Demolition and construction waste includes, without limitation, bricks, concrete and other masonry materials, soil, rock and lumber, road spoils, rebar, and paving material.

"Construction and demolition waste recycling" means the separation and reuse of construction and demolition waste that otherwise would be disposed of as waste.

"Corrugated cardboard" means packaging material that is formed by gluing one or more fluted sheets of paperboard to one or more flat sheets of linerboard.

"Department" means the Department of Public Works of the Metropolitan Government of Nashville and Davidson County, Tennessee.

"Director" means the director of the department.

"Downtown core area" means the area bounded as follows: Beginning at the southeast corner of Broadway and First Avenue; thence north along the east side of First Avenue to the northeast corner of the Public Square; thence west along the north side of the Public Square to the northeast corner of the Public Square and Third Avenue; thence north along the east side of Third Avenue to the northeast corner of Third Avenue and Jo Johnston Avenue; thence west along the north side of Jo Johnston Avenue to the northwest corner of Jo Johnston Avenue and Fifth Avenue; thence south along the west side of Fifth Avenue to the northwest corner of Fifth Avenue and Cedar Street; thence west along the north side of Cedar Street to the northwest corner of Cedar Street and Eighth Avenue; thence south along the west side of Eighth Avenue to the northwest corner of Eighth Avenue and Church Street; thence west along the north side of Church Street to the northwest corner of Ninth Avenue; thence south along the west side of Ninth Avenue to the northwest corner of Broadway and Ninth Avenue; thence west along the north side of Broadway to the east end of the Broadway viaduct; thence south along the west side of Tenth Avenue to the south side of Lea Avenue; thence across Lea Avenue to the east side thereof; thence north along the east side of Tenth Avenue to the southeast corner of Broadway and Tenth Avenue; and thence east along the south side of Broadway back to the beginning point.

"Electronics waste" means waste materials that include electronic components, including, without limitation, personal computers, central processing units, monitors, televisions, cathode ray tubes, printers and keyboards.

"Engage in the business of hauling waste" means to:

a.

Use a vehicle to collect waste from residential or nonresidential premises, regardless of the number of times the vehicle is so used; or

b.

Use a vehicle to haul waste within the limits of the Metropolitan Government of Nashville and Davison County, Tennessee more than five times during any calendar year.

"Food waste" means organic waste derived from uneaten portions of meals and trimmings from food preparation and processing activities.

"Garbage" means and includes every accumulation of both animal and vegetable matter, liquid or otherwise, that attend the preparation, use, cooking, dealing in or storage in meats, fish, foul, fruits or vegetables, tin cans or other containers originally used for food stuffs.

"Hazardous waste" means any chemical, compound, mixture, substance or article which may constitute a hazard to health or may cause damage to property by reason of being explosive, flammable, poisonous, corrosive, unstable, irritating, radioactive or otherwise harmful.

"Hauler" means a person engaged in the transportation of solid waste.

"Infectious waste or biohazard waste" means waste in quantities and with characteristics as determined by the director or the Tennessee Department of Health to be capable of causing an infectious disease in humans.

"Industrial waste" means all such wastes peculiar to industrial, manufacturing or processing plants and may include hazardous waste.

"Liquid waste" means any waste material that is determined to contain free liquids as defined by Method 9095 (Paint Filter Liquids Test) as described in Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods (EPA) Pub. No. SW-846 or similar publications.

"Medical facility" means any person, office, facility, or institution that generates infectious waste in the course of conducting its primary business or whose act or process results in the creation of infectious waste.

"Multifamily residence" means any dwelling, house, building, or other structure or group of structures containing more than two dwelling units, with each individual unit considered a separate residence.

"Mobile waste container" means a container used for storing or transporting waste materials to a disposal or transfer/processing point. "Mobile waste containers" include containers commonly known as dumpster and roll-off containers in excess of two cubic yards of capacity.

"One-family or two-family residence" means any dwelling, house, building or other structure wherein any individual or group of individuals live on a self-sustaining basis in one or two separate units.

"Operator" means a person who is responsible for the overall day to day operations and maintenance of a facility.

"Owner" means any Person holding a freehold interest in a premises or facility, or a person lawfully in charge of the premises or facility, or a person maintaining an ownership interest in a collection or hauling company.

"Person" means any and all persons, natural or artificial, including any individual, firm or association, business trust, partnership, corporation, joint venture, or limited liability company, municipality, and public, municipal, nonprofit or private corporation organized or existing under the laws of this state or any state, and any governmental agency or county of this state and any department, agency or instrumentality of any of the foregoing.

"Public place" means and includes parks, water or open adjacent spaces thereto and public yards, grounds and areas and all open spaces between buildings and streets and in view of such streets.

"Recovered materials" means those materials which have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling, regardless of whether the materials will be further separated or processed. Recovered materials shall not include yard waste.

"Recyclable materials" are materials that may be reused, whether or not processing is required. "Recyclable materials" include such materials as may be designated as such from time to time by the director; provided, however, that such designation must be consistent with applicable state laws and regulations.

"Recycle" means the separation and reuse of recovered materials which otherwise might be disposed of as waste.

"Recycling center" means any collection facility or system that accepts source-separated materials for resale to markets for conversion to raw materials or new products, including, without limitation, aluminum cans and scraps, tin, copper, glass, paper products, tires, plastic, bimetal and steel containers, ferrous and nonferrous metals. Provided, however, that book or clothing exchanges and ancillary recycling operations are not recycling centers.

"Residential waste" means waste generated at a one-family or two-family residence.

"Resource recovery facility" means any facility wherein takes place recovery of materials that might otherwise be disposed of as solid waste and that have not been separated at the point of generation.

"Rubbish" means and includes all nonputrescible solid waste consisting of both combustible and noncombustible waste such as paper, cardboard, glass, crockery, excelsior and similar materials. Rubbish does not include bulky waste.

"Scavenging" means uncontrolled or unauthorized removal of waste from a facility or an approved container.

"Segregated wood waste" means clean, uncontaminated wood waste acceptable to the director.

"Solid waste" means garbage, rubbish, and other discarded materials including but not limited to solid and semisolid waste materials resulting from industrial, commercial, and domestic or residential activities, but does not include hazardous waste, recovered materials, overburden, rock, tailings, matte, slag, or other waste material resulting from mining, milling, or smelting.

"Solid waste processing facility" means any facility where solid wastes are salvaged or processed including:

a.

A transfer station;

b.

An incinerator that operates with or without energy recovery but excluding tire and user facilities; or

c.

A material recovery facility that operates with or without composting.

"Source separated materials" means recovered materials that have been diverted or removed from the solid waste stream at the point the recovered materials and the solid waste are generated. Source separated materials may include mixtures of recovered materials.

"Special waste" means waste designated by the director or the Tennessee Department of Environment and Conservation that has physical or chemical characteristics that make it necessary to handle the waste with special equipment or techniques.

"Transfer station" means a site or facility that accepts waste for temporary storage or consolidation and further transfer to a waste disposal, processing, storage or disposal facility.

"Waste" means garbage, rubbish and other discarded materials, including liquid, gaseous, solid and semisolid materials resulting from industrial, commercial, agricultural and domestic or residential activities, but does not include recovered materials that are managed in such a manner so as to prevent a public nuisance. The provisions of this chapter imposing duties with respect to the generation, storage, collection or transportation of waste include hazardous waste, infectious waste, and special waste, unless the context requires otherwise.

"White goods" means residential appliances, including but not limited to, water heaters, washers, dryers, stoves, and refrigerators.

"Wood waste" means and includes chipper waste residue, brush, untreated wood, and segregated wood waste.

"Yard waste" means and includes leaves, limbs, brush, grass clippings and other matter normally considered as waste or byproducts of yard, lawn, or horticultural maintenance activities.

(Ord. BL2010-718 § 1, 2010)