§ 26-35. Definitions.

Except as provided in section 26-39, certain open burning permitted, the provisions of this article apply to any person who permits or engages in open burning or who permits or engages in burning using open pit incinerators, conical burners (tepee burners), and such other devices or methods specifically designed to provide good combustion performance within the Town of Cape Charles. For the purposes of this article, the terms defined in this section shall have the following meaning, unless otherwise required by context.

Building means a combination of any materials, whether portable or fixed, having a roof to form a structure for use or occupancy by persons or property. The word building shall be construed as though followed by the words "or part or parts and fixed equipment thereof."

Construction waste means solid waste which is produced or generated during construction of structures, including but not limited to lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, metal, and plastics. Paints, coatings, solvents, asbestos, liquids, compressed gases, or semi-liquids are not construction wastes and must be discarded as hazardous wastes in accordance with the Virginia Department of Environmental Quality's Waste Management Regulations.

Debris waste means stumps, wood, brush, and leaves from land-clearing operations.

Demolition waste means that solid waste which is produced by the destruction of structures and their foundations.

Hazardous waste means any substance, material, solid waste, or combination of solid waste which, because of its quantity, concentration or physical, chemical or infection characteristics may:

(1)

Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating illness; or

(2)

Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

For purposes of this chapter, the term hazardous waste shall include, but not be limited to, materials such as poison, acids, asbestos material, caustics, chemicals, infectious materials, offal, fecal matter, biological materials, petroleum, petroleum products, flammable materials, compressed gases, radioactive materials, and explosives.

Industrial waste means all waste, including solids, semi-solids, sludges, and liquids created by factories, processing plants, or other manufacturing enterprises.

Junk means old or scrap copper, brass, rope, rags, batteries, papers, trash, rubber, debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.

Junkyard means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills.

Open burning means the burning of any matter in such a manner that the products resulting from combustion are emitted directly into the atmosphere without passing through a stack, duct, or chimney.

Refuse means all putrescible and nonputrescible solid waste accumulations, whether combustible or noncombustible, consisting of garbage, rubbish, small dead household pets, household trash, vegetative waste, yard trash, and business trash as herein defined, and other discarded materials resulting from industrial, commercial, domestic, and community activities, but excluding hazardous refuse, body wastes, and the sludges, screenings, pumpings, and residue from cesspools, septic tanks, and sewage.

Salvage operation means any operation consisting of a business, trade, or industry participating in salvaging or reclaiming any product or material, such as, but not limited to, reprocessing of used motor oils, metals, chemicals, shipping containers or drums, and specifically including automobile graveyards and junkyards.

Smoke means small gas-borne particulate matter consisting mostly, but not exclusively, of carbon, ash, and other material in concentrations sufficient to form a visible plume.

(Ord. of 2-8-00)

Cross reference— Definitions and rules of construction generally, § 1-2.

(Ord. of 2-8-00)

Cross reference

Definitions and rules of construction generally, § 1-2.