§ 86-32. Definitions.

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:

Designated hazardous waste means any solid waste identified as such in regulations promulgated by the state board of natural resources. The state board of natural resources may identify as "designated hazardous waste" any solid waste which the board concludes is capable of posing a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of or otherwise managed, based on the factors set forth in regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are codified as 40 CFR 261.11(a)(3), in force and effect on February 1, 1996, if such solid waste contains any substance which is listed on any one or more of the following lists:

(1)

List of Hazardous Constituents, codified as 40 CFR 261, Appendix VIII, in force and effect on February 1, 1996;

(2)

Groundwater Monitoring List, codified as 40 CFR 264, Appendix IX, in force and effect on February 1, 1996;

(3)

List of Hazardous Substances and Reportable Quantities, codified as 40 CFR Table 302.4, and all appendices thereto, in force and effect on February 1, 1996;

(4)

List of Regulated Pesticides, codified as 40 CFR 180, in force and effect on February 1, 1996;

(5)

List of Extremely Hazardous Substances and Their Threshold Planning Quantities, codified as 40 CFR 355, Appendix A, in force and effect on February 1, 1996; or

(6)

List of Chemicals and Chemical Categories, codified as 40 CFR 372.65 in force and effect on February 1, 1996.

Federal act means the federal Solid Waste Disposal Act, as amended, particularly by the Resource Conservation and Recovery Act of 1976 (Public Law 94-580, 42 USC 6901 et seq.), as amended, particularly by but not limited to the Used Oil Recycling Act of 1980 (Public Law 96-463), the Solid Waste Disposal Act Amendments of 1980 (Public Law 96-482), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Public Law 96-510), the Hazardous and Solid Waste Amendments of 1984 (Public Law 98-616), and the Superfund Amendments and Reauthorization Act of 1986 (Public Law 99-499), as amended.

Hazardous waste means any solid waste which has been defined as hazardous waste in regulations promulgated by the administrator of the United States Environmental Agency pursuant to the federal act which are in force and effect on February 1, 1996, codified as 40 CFR 261.3 and any designated hazardous waste. (Note: This is same definition as used in the Georgia Hazardous Waste Management Acts, O.C.G.A. § 12-8-60 et seq.)

Land disturbing activity means any grading, scraping, excavating, or filling of land; clearing of vegetation; and any construction, rebuilding, or alteration of a structure. The term "land disturbing activity" shall not include activities such as ordinary maintenance and landscaping operations, individual home gardens, yard and grounds upkeep, repairs, additions or minor modifications to a single-family dwelling, and the cutting of firewood for personal use.

Natural vegetative buffer and buffer area mean a river corridor containing the flora native to that area. The natural floras for specific areas are described in Georgia Geologic Survey Bulletin 114, "the Natural Environments of Georgia." Habitats for endangered and threatened species may require human management of the river corridor in order to maintain those species.

Perennial river means a river or section of a river that flows continuously throughout the year.

Protected river means any perennial stream or watercourse with an average annual flow of at least 400 cubic feet per second as determined by appropriate U.S. Geological Survey documents. However, those segments of river covered by the Metropolitan River Protection Act (O.C.G.A. § 12-5-440 et seq.) or the Coastal Marshlands Protection Act are specifically excluded from the definition of a protected river. In coastal areas, the seaward limit of any protected river shall be the inland limits of the jurisdiction of the Coastal Marshlands Protection Act of 1970 (O.C.G.A. § 12-5-280 et seq.).

Public utility or utilities means a service or services provided by a public utility company or a private entity which provides such service or services and all equipment and structures necessary to provide such services.

River bank means the rising ground, bordering a river, which serves to confine the water to the natural channel during the normal course of flow.

River corridor means all land not regulated under O.C.G.A. §§ 12-5-440—12-5-457, and the Coastal Marshlands Protection Act of 1970 (O.C.G.A. § 12-5-280 et seq.) in the areas of a perennial stream or watercourse with an average annual flow of at least 400 cubic feet per second as defined by the United States Geologic Survey and being within 100 feet on both sides of the river as measured from the river banks at mean high water. The 100-foot buffer shall be measured horizontally from the uppermost part of the river banks, usually marked by a break in slope. Although not within the measured 100-foot wide buffer, the area between the top of the bank and the edge of the river shall be treated by the local governments in the same manner as the river corridor and shall be included within the river corridor protection district. Because stream channels move due to natural processes such as meandering, river bank erosion, and jumping of channels, the river corridor may shift with time. For the purposes of these standards, the river corridor shall be considered to be fixed at its position at the beginning of each review period for the county joint comprehensive plan. Any shift in the location of the protected river after the review period will be shown by revision of the boundaries of the river corridor at the time of the next comprehensive plan review by the state department of community affairs.

Sensitive natural area means any area, as identified now or hereafter by the state department of natural resources, which contains one or more of the following:

(1)

Habitat, including nesting sites, occupied by rare or endangered species;

(2)

Rare or exemplary natural communities;

(3)

Significant landforms, hydroforms, or geological features; or

(4)

Other areas so designated by the state department of natural resources; and which are sensitive or vulnerable to physical or biological alteration.

Single-family dwelling means a dwelling structure that is designed for the use of one family.

Written notification means a notice to applicant given in writing and mailed by certified mail, return receipt requested, to the last known mailing address submitted by applicant to the land development officer. Notice as to the land development officer shall be given in writing and mailed by certified mail, return receipt requested, or delivered personally to and a receipt obtained from the land development officer.

(Ord. of 9-23-1999, § II)

State law reference

Similar provisions, O.C.G.A. §§ 12-2-8, 12-8-62.

Cross reference

Definitions generally, § 1-3.