§ 34-58. Definitions.

(a)

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

Annual solid waste recycling and disposal user fee means the annual user fee imposed upon the owners of parcels of real property within the county for the disposal of solid waste for the applicable year based upon the classification of use of such parcel of property as specified in this article, as amended or any subsequent rate ordinance.

Annual solid waste recycling and disposal user fee roll means the list prepared by the auditor each year containing a summary description of each parcel of real property within the county, the name and address of the owner of each such parcel as indicated on the records maintained by the county assessor and the user fee authorized by this article against each parcel.

Assessor means the county assessor.

Auditor means the county auditor.

Code means Code of Laws of South Carolina, 1976, as amended, or any subsequent codification of the laws of the state.

County means Dorchester County, South Carolina.

County council means county council, or the governing body by any other name in which the general legislative powers of the county are vested.

County council chairman means the county council chairman or his designee.

Cubic yard means the measure of quantity for solid waste containers and may be determined from gallon size containers or bags using the conversion factor of 202 gallons per cubic yard of noncompacted solid waste. For compacted solid waste, the office will determine the proper conversion factor based upon information deemed relevant by the county including information provided by the Solid Waste Association of North America.

Dwelling means the house or other structure in which a person lives; a residence; abode; or the apartment or building or group of buildings so occupied by a family as a place of residence.

Governmental agencies means all federal, state or local agencies or units of government located within the county, including, but not limited to, the United States, the county, all school districts within the county, all municipalities within the county, and any special purpose districts and municipal service taxing units which own improved real property within the county.

Multifamily units means residential properties consisting of dwelling units classified by the county assessor as having more than one dwelling unit per structure; provided, however, that where multiple dwelling units in a single structure have separate tax map numbers, each dwelling unit shall be considered a single-family residence.

Municipality means any municipality within the boundaries of the county.

Nonresidential properties means properties whose principal use is for purposes other than as dwellings. Properties that have living quarters associated with commercial, industrial, agricultural, charitable, religious, educational or other nonresidential activities are nonresidential properties if the primary use of the property is not residential in nature. Hotels, motels, inns and boardinghouses are deemed to be nonresidential properties.

Office means the county office of solid waste and utilities.

Owner means the person owning an interest in real property located within the county.

Person means an individual, partnership, corporation, joint venture, private or public service company or entity, however organized.

Rate ordinance means an amendment to this article or any subsequent ordinance, either of which incorporates a schedule of annual solid waste recycling and disposal user fees to be imposed upon the owners of real property within the county for future fiscal periods.

Residential properties means properties whose principal use is as a dwelling place. Residential properties includes, but is not limited to, houses, apartments, condominiums, townhouses, mobile homes, cottages and cabins which are rented for whatever periods of time, including such premises rented for vacation and resort purposes. It shall not, however, include rooms within motels, hotels, inns and boardinghouses. Residential properties shall either be single-family residences or multifamily units as defined herein.

Single-family residences means residential properties which are classified by the county assessor as having only one dwelling unit per structure; provided, however, that, where multiple dwelling units in a single structure have separate tax map numbers, each dwelling unit shall be considered a single-family residence. This definition includes, but is not limited to, mobile homes.

Solid waste means all types of solid waste including, but not limited to:

(1)

Residential solid waste;

(2)

Garbage;

(3)

Trash;

(4)

Rubbish;

(5)

Refuse;

(6)

Miscellaneous household wastes;

(7)

Sludge from a waste treatment facility;

(8)

Water supply plant or air pollution control facility; and

(9)

Other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, governmental mining, and agricultural operations and from community activities, but excluding special wastes described herein.

This term does not include solid or dissolved material in domestic sewage, recovered materials, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to NPDES permits under the Federal Water Pollution Control Act, as amended, or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1964, as amended. Also excluded from this definition are application of fertilizer and animal manure during normal agricultural operations or refuse as defined and regulated pursuant to the state mining act, including processed mineral waste, which will not have a significant adverse impact on the environment.

Solid waste recycling and disposal system or system means the entire system utilized by the county to dispose of solid waste.

Special wastes means any waste not specified in the permit for the office's designated solid waste facilities for disposal in the course of regular day-to-day operations.

Treasurer means the treasurer of the county.

Year means the calendar year.

(b)

In addition to the definitions contained herein, it is the intent of the county to incorporate by reference the definitions contained in the South Carolina Solid Waste Policy and Management Act of 1991 as if set out fully herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular, and words used in the singular number include the plural.

(Ord. No. 96-22, § 2, 12-9-1996)