§ 130-1. Statement of purpose and definitions.

(a)

Statement of purpose.

(1)

It is the stated policy of the City of Atlanta to protect the health, safety and welfare of its residents. Furthermore, the City of Atlanta recognizes environmental protection as a right of the people living within the city. So that the objectives of these policies might be achieved, it is also essential to take necessary measures to preserve and protect the environment of the city for its inhabitants.

(2)

Therefore, it is declared to be the purpose of this chapter to provide an effective solid waste management program within the city to better protect and promote the health, safety and general welfare of City of Atlanta and its residents. Furthermore, the City of Atlanta must work to maintain an effective solid waste management program to ensure that the City of Atlanta remains an effective steward of the environment and its natural resources.

(b)

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

Brown goods means any discarded appliances including but not limited to electronic equipment such as stereos, televisions, computers, and VCRs and other similar items.

Building of public worship means any lot upon which is located one or more buildings used for the purpose of public worship.

Bulk yard trimmings means oversized yard trimmings such as tree trunks and branches exceeding two feet in diameter and four feet in length that are biodegradable.

Bulky items means discarded non-putrescible waste of a size and form which cannot be easily deposited in, or removed by city personnel from, containers provided by the city for the disposal and collection of solid waste from residences, including but not limited to the following items: furniture; carpets; mattresses; clothing; and tires. Bulky items does not include any motor vehicle or any subassembly, component or part thereof (except tires).

Chief of staff means the Chief of Staff to the Mayor of the City of Atlanta, or authorized designee.

City means City of Atlanta.

Collector means a person who, under verbal or written agreements, with or without compensation, does the work of collecting and transporting solid waste, from industries, offices, retail outlets, businesses, institutions and similar locations or from residential dwellings; provided, however, that this definition shall not include an individual collecting and transporting waste from such individual's own single-family dwelling unit.

Commercial and industrial property means any lot that is used wholly or predominantly, according to the total square footage of building structure on all stories devoted to a particular use, for business, commercial or industrial purposes or for the purposes of boardinghouses or mobile home parks and any other lot which is excluded from any other categories set forth in this section or the definitions contained in this section.

Commercial waste means waste materials generated in commercial operations.

Commissioner means the commissioner of public works or any duly authorized assistant, agent or representative of the commissioner.

Commissioner of public works means the commissioner of the department of public works or any duly authorized deputy, assistant, agent or representative of the commissioner.

Compostable material means any organic materials that are source separated for processing or composting, such as yard trimmings and food waste.

Construction and demolition waste :

A.

Construction and demolition waste means discarded waste building materials and rubble generally resulting from construction, remodeling, repair and demolition of buildings and pavements, including but not limited to processed wood, metal, bricks, concrete, wallboard, paper and cardboard.

B.

Construction and demolition waste does not include materials and rubble resulting from construction, remodeling, repair and demolition or buildings and pavements, that contain or have been contaminated by hazardous materials which must be handled and disposed of separately.

Container means any receptacle used to accumulate solid waste from residential, commercial and industrial waste generators. Containers vary in size and type according to the needs of the customer.

Disposal operation means the performance of solid waste disposal and includes administration, personnel, land, equipment, design and other elements necessary or used in the work of solid waste disposal.

Disposal site means the location or land area where the final disposition of solid waste occurs.

Extra garbage means garbage placed outside the city provided container.

Garbage :

A.

Garbage means putrescible wastes including kitchen and table food wastes; animal or vegetable wastes resulting from the storage, preparation, cooking, processing or handling of foodstuffs; nonputrescible wastes that are mixed in the same container with or contaminated by putrescible wastes; small dead animals not exceeding five pounds in weight; and any putrefactive or easily decomposable waste material that is likely to attract flies, vermin, birds or rodents.

B.

Garbage does not include materials that are separated and set aside for recycling or composting and does not include hazardous material, household hazardous material, or sewage or sewage sludge or human or animal excrement or yard waste.

Generator means any person or business responsible for the creation, generation, or production of solid waste upon any premises.

Hazardous material as defined in Section 1004(5) of the Resource Conservation and Recovery Act of 1976 (RCRA), means a solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may: 1) cause, or contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or 2) pose a substantial present or potential hazard to human health or to the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. The owner or operator of a facility which treats, stores, manages, or disposes of such materials is required by Section 312 of the Emergency Planning and Community Right-To-Know Act (EPCRA) to submit an emergency and hazardous chemical inventory form to the State and to the Local Emergency Planning Commission, and is required to submit a MSDS per RCRA. Hazardous material includes all household hazardous materials in single containerized volumes of five gallons or greater, or uncontainerized improper discharges or deposits of volumes of two or more gallons.

Hazardous material disposal facility means any facility where final disposal of any hazardous material occurs; including any facility classified Subtitle C under Title 40 of the Code of Federal Regulations (CFR).

Household hazardous materials means any discarded liquid, solid, contained gas, or sludge, including any material, substance, product, commodity or waste used or generated in the household or similar source that is either ignitable, corrosive, reactive or toxic, in single containerized volumes under five gallons. Household hazardous materials also includes any item, product or material containing or contaminated by any household hazardous material.

Incinerator means any device intended or used for the reduction or destruction of solid waste by burning.

Industrial waste means waste materials generated in industrial operations.

Landfill means a method of disposing of solid wastes, other than putrescible wastes or hazardous wastes, on land by placing an earth cover thereon.

Litter means uncontrolled or uncontainerized solid waste.

Multi-family dwelling means any permanent premises on a single parcel of land designed for or occupied by more than six residential dwelling units where the residential units do not receive separate or individual solid waste collection service.

Municipal solid waste (MSW) means any solid waste derived from commercial and residential properties, including garbage, trash, yard trimmings and sanitary waste in septic tanks and means solid waste from single-family and multi-family residences, hotels and motels, picnic grounds, parks, and day use recreation areas.

Nuisance means any improper deposit or disposal of refuse as defined in this section.

Outdoor event means any gathering of 2,000 people or more, including but not limited to a Class A, B, C, or D outdoor festival, and events such as sporting events, circuses, concerts, or exhibitions, and other events that may or may not qualify as an outdoor festival.

Outdoor event property means any property located in the city, including but not limited to a parking lot, where the property has been used for or in conjunction with an outdoor event.

Owner means the person holding the legal title to any real property located in the city.

Paper bags means biodegradable, unlined paper or paperboard (cardboard) produced from chemical pulp produced in the kraft process.

Permit holder means the individual who is the named recipient of a city permit that authorizes an outdoor event to occur on city-owned property.

Plastic #1 means Polyethylene Terephthalate (PET) which include soft drink, water, and other beverage bottles, detergent and cleaning containers, condiments such as ketchup, salad dressing, peanut butter and other food containers and bottles.

Plastic #2 means High Density Polyethylene (HDPE) which include milk and water jugs, laundry detergents, shampoo bottles.

Plastic #3 means Polyvinyl Chloride (PVC or V) which include clear food packaging, detergents and window cleaner bottles, some plastic squeeze bottles, cooking oil, peanut butter jars.

Plastic #4 means Low Density Polyethylene (LDPE) which include most bottles.

Plastic #5 means Polypropylene (PP) which include deli soups, syrup, yogurt and margarine containers, clouded plastic containers.

Plastic #6 means Polystyrene (PS) which include egg [cartons].

Plastic #7 means mixed plastics (other) which include lids five-gallon water bottles, and "sport" water bottles.

Private contractor means any business or person operating under a contract for the collection and removal of solid waste from any multi-family residential, commercial, or industrial premises within the city.

Property owner means the owner, or agent of the owner, of any property located in the city, where the city does not own the property.

Putrescible wastes means wastes that are capable of being decomposed by microorganisms. Examples of putrescible wastes include but are not necessarily limited to kitchen wastes, animal manure, offal, hatchery and poultry processing plant wastes and garbage.

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. Such term shall not include a solid waste handling facility; provided, however, any solid waste generated by such facility shall be subject to all applicable city, State of Georgia and federal laws and regulations relating to such solid waste.

Recycling contamination means any garbage, bagged recyclables, food, liquids, plastic bags, clothes hangers, Styrofoam, batteries, light bulbs, human waste, animal waste, medical waste, clothes, electronics, cords, hoses, chains, tanks, wood, plastic furniture, metal or such other items as determined by the commissioner that is placed in a recycling container provided by the city.

Recyclable materials means:

(a)

Those materials, including but not limited to metal containers, plastic bottles and jars, glass containers and paper, which have known use, reuse, or recycling potential, and can be feasibly used, reused or recycled; and

(b)

Those materials limited to metal; plastics numbered 1, 2, 3, 4, 5 and 7; glass; paper; and cardboard, which have known use, reuse, or recycling potential, and can be feasibly used, reused or recycled. This term does not include: food, liquids, plastic bags, clothes hangers, Styrofoam, batteries, light bulbs, and medical waste, or such other items as determined by the commissioner.

Residence means any lot that is used exclusively for residential purposes, but not lots upon which are located licensed hotels or motels or apartments.

Residential composting means any composting of yard trimmings generated on the residential premises for use on the residential property on which it was generated.

Residential property means any property that is used exclusively for residential purposes, but not properties upon which are located licensed hotels or motels.

Residential vacant land charge means a flat charge for right-of-way maintenance assessed to residential parcels with the Class Code of 100

Rubbish means all uncontainerized, discarded, nonputrescible waste matter excluding yard trimmings that cannot be easily deposited in, or removed by city personnel from containers provided by the city for disposal and collection of solid waste from residences.

Salvage means a controlled method of sorting and storing solid wastes for future use as approved by the commissioner.

Sanitary landfill means a method of disposing of putrescible waste and hazardous waste on land by placing an earth cover thereon.

Scavenging means uncontrolled picking from discarded solid waste materials.

Single-family dwelling means any permanent premises used for or designated as a single-family residential dwelling. Single-family dwelling includes each part of a condominium project, duplex, triplex, townhouse project or apartment building which has been approved by the commissioner of solid waste services for separate or individual solid waste collection service.

Solid waste means any garbage or refuse; sludge from a wastewater treatment plan, water supply treatment plant, or air pollution control facility; and other discarded material including solid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations and community activities, but does not include recovered materials; solid or dissolved materials in domestic sewage; solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U.S.C. Section 1342; or source, special nuclear, or by-product material as defined by the Federal Atomic Energy Act of 1954, as amended (68 Stat. 923).

Solid waste disposal facility means any facility or location where the final deposition of solid waste occurs and includes but is not limited to landfills, sanitary landfills, municipal solid waste landfill and solid waste thermal treatment technology facilities.

Solid waste handling means the storage, collection, transportation, treatment, utilization, processing or disposing of solid wastes or any combination thereof. Special pickup means a pickup of bulky items, bulk material or extra garbage requested by the customer at a time other than the regularly scheduled service time, which involves the dispatch of a truck.

Solid waste handling facility means any facility or location, the primary purpose of which is storage, collection, sorting, transportation, treatment, utilization, processing or disposal, or any combination thereof, of solid waste. Such facility shall include any facility engaged in the handling, as described above, of compostable waste, other than a facility engaged solely in the handling of yard trimmings, as defined herein.

Tenant means any person or persons, other than the owner, occupying or in possession of a premises.

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

Transporter means any person or business moving, relocating or transporting any solid waste upon the public streets, highways and public right-of-way within the city.

Trash means nonputrescible solid waste, of a size and form which can be easily deposited in, and removed by city personnel, from containers provided by the city for the disposal and collection of solid waste from residences, and which includes paper, cardboard, small metal items or containers and packaging materials, and similar items normally accumulated in the care and maintenance of residential or commercial property.

Vegetative overgrowth means any and all uncultivated vegetative growth exceeding a height of 18 inches, as measured vertically from the surface of the ground, and covering a continuous area of 400 square feet or 25 percent, whichever is less, of that portion of any lot, tract or parcel of land which is not occupied by buildings, other structures or trees.

Weeds means all rank, vegetative growth, including kudzu, poison ivy, plants of obnoxious odors, weeds and grasses causing hay fever or those which serve as a breeding place for mosquitoes and other unhealthy or undesirable insects or as a refuge for snakes, rats or other rodents or as a hiding place for filth, litter or trash or that create a fire or traffic hazard or provide a hiding place for persons.

White goods means discarded household appliances including but not limited to refrigerators, ranges, washers, dryers, water heaters, and dishwashers and other similar items.

Yard trimmings means plant material (leaves, grass clippings, branches, brush, flowers, roots, wood waste, etc.); debris commonly thrown away in the course of maintaining yards and gardens, including sod; and biodegradable or compostable waste approved for the yard trimmings programs. It excludes loose soils; food waste; plastics and synthetic fibers; lumber; any wood or tree limbs over four inches in diameter or four feet in length; human or animal excrement; soil contaminated with hazardous materials; and all matter resulting from landscaping development and maintenance by a professional contractor.

Yard trimmings bag means lawn-and-leaf paper bags designed to contain yard trimmings that is no larger than 34 gallons and no heavier than 35 pounds.

(Ord. No. 2004-06, § 1, 1-12-04; Ord. No. 2004-11, § 1, 3-9-04; Ord. No. 2006-66, § 7, 9-26-06; Ord. No. 2015-08(15-O-1045), § 1, 2-26-15 ; Ord. No. 2016-24(16-O-1382) , § 1, 7-27-16; Ord. No. 2018-52(18-O-1300), § 2, 11-14-18 )

Editor's note

Ord. No. 2006-66, § 14, provided for an effective date of Jan. 1, 2007.