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The words and phrases contained in this chapter shall have the meaning commonly associated with them unless special meaning is ascribed to them by the California Public Resources Code or the California Code of Regulations (as either may be amended from time to time) in which case such meaning shall apply; except that the following words shall, for the purpose of this chapter, be defined as follows:
A. "AB 939" shall mean that State legislation commonly known as the California Integrated Waste Management Act (Stats. 1989, Chapter 1095, as amended) as codified in Public Resources Code Section 49000, et seq.
B. "Bins" shall mean a metal container, commonly referred to as dumpsters, including compactors and any similar such devices, with a capacity of under ten (10) cubic yards.
C. "Cart" means a plastic container provided by a franchisee for collection, with a hinged lid and wheels serviced by an automated process, as opposed to a manual process of lifting and dumping.
D. "City" means the City of Adelanto.
E. "City Manager" means the City Manager of the City or his duly-authorized representative or designee.
F. "Collect" or "Collection" or "Collecting" shall mean to take physical possession of, transport, and remove solid waste from a premises.
G. "Commercial Premises" means premises upon which business activity is conducted, including but not limited to retail sales, services, wholesale operations, manufacturing and industrial operations, but excluding residential premises upon which business activities are conducted when such activities are permitted under applicable zoning regulations and are not the primary use of the property. Notwithstanding any provision to the contrary herein, for purposes of this chapter, premises upon which hotels and motels are operated shall be deemed to be commercial premises.
H. "Container" means any and all types of solid waste receptacles, including carts, bins, and rolloff boxes.
I. "Franchisee" means a person, persons, firm or corporation that has been issued a franchise by the City to provide solid waste handling services within the City.
J. "Hazardous Waste" means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the State of California in Health and Safety Code Sections 25110.02, 25115 and 25117, or in the future amendments to or re-codifications of such statutes, or identified and listed as hazardous waste by the U.S. Environmental Protection Agency (EPA) pursuant to the Federal Resource Conservation and Recovery Act (42 U.S.C. § 6901, et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder.
K. "Multi-Family Dwelling" means either (i) any building or lot containing four (4) or more dwelling units; or (ii) any building or lot containing two (2) or more dwelling units which franchisee determines (and City agrees) must receive solid waste handling services through the use of shared bins, since they are not reasonably able to receive individualized solid waste handling services through the use of carts or customer-provided containers. Any ambiguity as to whether a customer's premises qualifies as a single-family dwelling or multi-family dwelling shall be resolved by the City Manager whose decision shall be final.
L. "Premises" shall mean any land, building and/or structure within the City limits where solid waste is generated or accumulated.
M. "Person" means any individual, firm, corporation, association, group or other entity.
N. "Recycle" or "Recycling" means the process of collecting, sorting, cleaning, treating and reconstituting materials that would otherwise become solid waste and returning these materials to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards used in the marketplace.
O. "Recyclable Material" means that solid waste capable of being recycled, including but not limited to glass, newsprint, newspaper, aluminum, cardboard, certain plastics or metal.
P. "Residential Premises" shall mean all premises upon which dwelling units exist. Notwithstanding any provision to the contrary herein, for purposes of this chapter, premises upon which hotels and motels are operated shall be deemed to be commercial premises.
Q. "Rolloff Box" means containers of ten (10) cubic yards or larger, including compactors.
R. "Self Hauler" means any person or entity that, pursuant to Section 8.01.090 of this chapter, provides for the collection, transportation and disposal of solid waste generated by his/her/its own premises.
S. "Single-Family Dwelling" means a building or lot containing one (1) dwelling unit, and for purposes of this agreement includes buildings and lots with more than one (1) dwelling unit where such dwelling units are determined by the City to be reasonably able to receive individualized solid waste handling service by the automated process utilizing carts. Any ambiguity as to whether a premises qualifies as a single-family dwelling or multi-family dwelling shall be resolved by the City Manager.
T. "Solid Waste" shall mean and include all discarded putrescible and non-putrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, rubbish, construction waste, industrial waste, commercial solid waste, and any other discarded solid, semisolid and liquid waste permitted to be disposed of at a Class III landfill and which are included within the definition of "Nonhazardous Solid Waste" set forth in the California Code of Regulations, as it may be amended from time to time. “Solid Waste” does not include hazardous waste (Class I), low-level radioactive waste, untreated medical waste, or special wastes as defined herein.
U. "Special Wastes" shall mean wastes other than solid waste, including sewage, sludge, industrial sludge, asbestos, auto bodies, tires, used motor oil, hazardous waste, animal body parts, explosive substances, radioactive materials, acids, solvents and other materials which may not be disposed of at a Class III landfill or which require special handling.
V. "Yard Waste" means all leaves, grass cuttings and shrubs that accompany routine household or property maintenance functions.
[Ord. No. 499, 5/26/10.]