§ 6-202. DEFINITIONS.

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this article and resolutions adopted pursuant thereto, and, except to the extent that a particular word or phrase is otherwise defined in this section, the definitions and provisions contained in Article 2, commencing with section 1-201 of Chapter 1 of this Code, shall also govern the construction, meaning and application of words and phrases used in this article. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.

(a)

"Authorized Cart/Bin Collection Agency or Agency" shall mean the city or the entity authorized by contract, franchise or permit to collect solid waste, recyclable and/or organic material in carts and bins from residential and commercial customers.

(b)

"Authorized Processing Agent or Agency" shall mean the city or the entity authorized by contract, franchise or permit to process solid waste, recyclable and/or organic material.

(c)

"Authorized Roll-Off Collector" shall mean the entity(ies) authorized by the city through a non-exclusive franchise to use roll-off containers to collect solid waste, recyclable materials, organic materials, and/or construction and demolition debris in the city.

(d)

"Automated Collection Service" shall mean service to customers using automated collection containers with the aid of automated lifting and emptying equipment.

(e)

"Automated Collection Service Area" shall mean a clearly defined geographical area within which automated collection containers are provided.

(f)

"Automated Container" shall mean any material container owned and maintained by the city or its authorized cart/bin collection agent, designed to be emptied mechanically.

(g)

"Bin" means a container with capacity of approximately one to eight cubic yards, with a hinged lid, and with wheels, that is typically serviced by a front end-loading Collection vehicle.

(h)

"Cart" means a plastic container with a hinged lid and wheels that is typically serviced by an automated or semi-automated Collection vehicle. A Cart has capacity of 20, 35, 64, or 96 gallons (or similar volumes).

(i)

"Certified Recycling Facility" means a recycling, composting, materials recovery or re-use facility that is fully licensed, certified and eligible under federal, state and local laws and regulations. The Director shall maintain a listing of Certified Recycling Facilities.

(j)

"City Manager" shall mean the City Manager of the city or an authorized representative of the City Manager.

(k)

"Collection Day" shall mean that day determined by the Director for the collection of any material at a specific location.

(l)

"Collection Location" shall mean the location as determined by the Director for the placement of any material by customers to be collected by the authorized cart/bin collection agent on the material collection day. This location is generally curbside.

(m)

"Collection Route" shall mean an orderly travel network along which exists one or more service locations.

(n)

"Commercial Service Location" shall mean any service location not defined as a "residential service location."

(o)

"Compactor" means a mechanical apparatus that compresses materials into a container, which container may be detachable.

(p)

"Construction" means the building of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure.

(q)

"Construction and Demolition Debris" (C&D Debris) means materials resulting from construction, remodeling, repair, cleanup, or demolition operations that are not hazardous as defined in California Code of Regulations. Title 22 Section 66261.3 et seq. This term includes, but is not limited to, asphalt, concrete, cement concrete, brick, lumber, gypsum wallboard, concrete board, cardboard, and other associated packaging, roofing material, ceramic tile, carpeting, plastic pipe and steel, as well as vegetative matter resulting from land clearing and landscaping including but not limited to rock, soil, tree stumps.

(r)

"Customer of Record" shall mean any party with a utility billing account issued in their name for a specific service location.

(s)

"Demolition" means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.

(t)

"Director" shall mean the Public Utilities Director of the city or an authorized representative of the Public Utilities Director.

(u)

"Drop Box" means an open-top container with capacities from six (6) to fifty (50) cubic yards that is used for collection of permitted materials and that is serviced by roll-off collection trucks. Drop boxes with capacities of less than ten (10) cubic yards shall only be used for the purposes of collecting C&D debris on a temporary basis. A drop box is also known as a roll-off box and/or debris box.

(v)

"Food Scraps" means those discarded materials that will decompose and/or putrefy including (i) all kitchen and table food waste, (ii) animal or vegetable waste that is generated during or results from the storage, preparation, cooking or handling of food stuffs, (iii) discarded paper that is contaminated with food scraps; (iv) fruit waste, grain waste, dairy waste, meat and fish waste; and, (v) non-recyclable paper or contaminated paper. Food scraps are a subset of organic materials.

(w)

"Green Waste Material" shall mean any materials generated from the maintenance or alteration of public, commercial, or residential landscapes that will decompose and/or putrefy including, but not limited to, yard clippings, grass, leaves, shrub/tree trimmings or prunings (less than 4" in diameter), brush, flowers, weeds, dead plants, small pieces of unpainted and untreated wood, and other types of organic waste. Green waste material is a subset of organic materials.

(x)

"Hazardous Waste" includes any waste material or mixture of wastes which is toxic, corrosive, flammable, an irritant, a strong sensitizer, which generates pressure through decomposition, heat or other means, if such a waste or mixture of wastes may cause substantial personal injury, serious illness or harm to humans, domestic animals, or wildlife, during, or as an approximate result of any disposal of such wastes or mixtures of waste as defined in Article 2, Chapter 6.5, Section 25116 of the Health and Safety Code. The terms "toxic," "corrosive," "flammable," "irritant," and "strong sensitizer" shall be given the same meaning as in the California Hazardous Substances Act (Chapter 13 commencing with Section 28740 of Division 21 of the Health and Safety Code) and under various federal, state, local, or municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements of any government authority regulating, relating to, or imposing liability or standards of conduct concerning any hazardous substance, together with any amendments of or regulations promulgated under such laws, and any other federal, state, or local law, statute, ordinance, or regulation in effect prior to the time of adoption of this chapter or later enacted that pertains to occupational health or industrial hygiene, or the regulation or protection of the environment, including ambient air, soil, soil vapor, groundwater, surface water, or land use.

(y)

"Material" shall mean solid waste, segregated recyclables and organic material, including without limitation construction and demolition debris.

(z)

"Medical Waste" includes (i) equipment, instruments, utensils, and other fomites of a disposable nature from the rooms of patients who are suspected to have or have been diagnosed as having a communicable disease and must, therefore, be isolated as required by public health agencies; (ii) laboratory wastes, including pathological specimens (i.e., all tissues, specimens of blood elements, excreta and secretions obtained from patients or laboratory animals) and disposable fomites (any substance that may harbor or transmit pathogenic organisms) attendant thereto; (iii) surgical operating room pathological specimens including recognizable anatomical parts, human tissue, anatomical human remains and disposable materials from hospitals, clinics, outpatient areas and emergency rooms, as is also defined in Section 314(d) of the California Administrative Code, Title 17; and (iv) substances or matter which is defined as "infectious waste" under the California Code of Regulations.

(aa)

"Non-Exclusive Roll-Off Collection Franchise" means and includes a franchise to provide roll-off container collection services in the city, provided pursuant to Section 6-222.

(bb)

"Notice of Violation" shall mean a non-appealable warning with direction to correct violation issued and served on responsible party in the manner provided in Section 805.1 of Chapter 9 of this Code.

(cc)

"Organic Materials" means those discarded materials that will decompose and/or putrefy including green waste material and food scraps such as, but are not limited to, green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, small wood pieces, other types of organic yard waste, vegetable waste, fruit waste, grain waste, dairy waste, meat waste, fish waste, paper contaminated with food scrap, pieces of unpainted and untreated wood, and pieces of unpainted and untreated wallboard. No discarded material shall be considered to be organic materials, however, unless such material is source separated from solid waste, recyclable material, C&D debris, or other materials.

(dd)

"Public Nuisance" shall mean and the City Council by adoption of this ordinance declares that any violation of this article is unlawful and shall constitute a public nuisance.

(ee)

"Recyclable Material" shall mean material for re-use, conversion to energy, recycling, composting, land application or alternative daily cover, but not for transformation.

(ff)

"Recyclable Material Container" shall mean a container furnished by the authorized recycling collection agent to be used for the storage and collection of segregated recyclable material.

(gg)

"Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting materials for the purpose of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating, or thermally destroying solid waste.

(hh)

"Residential Basic Service" shall mean 96 gallons of solid waste, 96 gallons of mixed recyclables and 96 gallons of organic material, per collection period.

(ii)

"Residential Reduced Service" shall mean service for containers with a capacity of less than 96 gallons of solid waste, 96 gallons of mixed recyclables and 96 gallons of organic material, per collection period.

(jj)

"Residential Service Location" shall mean a service location from which material is collected from four or less dwelling units, but including structures containing any number of residential condominiums billed as single family residences.

(kk)

"Responsible Party" shall mean any individual or entity that owns a service location, is a customer of record of a service location, or occupies/is in charge of/controls a service location, jointly and severally.

(ll)

"Roll-Off Containers" means a drop box or compactor used for collection of permitted materials and serviced by a roll-off collection truck. Roll-off containers with capacities of less than ten (10) cubic yards shall only be used for the purposes of collecting C&D debris on a temporary basis.

(mm)

"Roll-off Collection Truck" means a collection vehicle with a mechanical device such as a winch that pulls or loads a roll-off container onto the truck bed or attached trailer and separately transports each roll-off container to a disposal site or processing site.

(nn)

"Source Separated" means the segregation, by the generator, of materials designated for separate Collection for some form of Recycling, Processing, recovery, or reuse.

(oo)

"Segregated Recyclable Material" shall mean recyclable material such as beverage containers, glass, aluminum, tin, steel, newspaper, paper products, properly packaged used motor oil, plastics, metals and cardboard source separated by the customer and placed in a designated recyclable materials container to be collected by the authorized collection agent.

(pp)

"Service Location" shall mean a specific point from which material can be economically collected from one or more containers which can be lifted after moving the collection vehicle less than one truck length in alternate forward and reverse directions per container following the initial stop.

(qq)

"Solid Waste" shall mean waste material of all kinds other than human excrement, hazardous waste, radioactive waste, medical waste and earth, and includes, but is not limited to, garbage, rubbish, waste, waste products, animal excrement and refuse.

(Added Ord. No. 2011-25, § 2, eff. 9-1-11)