For the purpose of this chapter, the following words and phrases are defined and shall be construed as hereinafter set forth, unless it is apparent from the context that a different meaning was intended:
ANIMAL WASTE. Manure, fertilizer, or any form of solid excrement produced by any and all forms of domestic animals or commercial livestock.
CITY. The city of Brea.
CITY CLERK. The City Clerk of the city of Brea, and his or her authorized deputies.
CITY MANAGER. The City Manager of the city of Brea or his or her designee.
COMMERCIAL PREMISES. Buildings, structures and areas used principally for business, commercial or industrial purposes, and including the following: Hotels, motels, apartment buildings containing more than four (4) apartments, condominium buildings containing more than four (4) condominiums, and including all other places that are not defined as residential units in this section.
CONSTRUCTION AND DEMOLITION WASTE. The waste building materials, packaging, plaster, drywall, cement and rubble resulting from construction, remodeling, repair and demolition operations on pavements, buildings and other structures (except asbestos-containing materials or hazardous waste).
COMPOSTING. The controlled biological decomposition of organic wastes that are source separated from the solid waste stream.
COMPOSTING CENTER, STATION OR FACILITY. A facility the principal function of which is to receive and to process green waste through composting.
COUNCIL. The City Council of the city of Brea.
GREEN WASTE. Vegetative cuttings, shrubs, stumps, brush, tree trimmings, grasses and related materials which have been separated from other solid waste. GREEN WASTE does not include stumps or branches with a diameter exceeding eighteen (18) inches or a length exceeding four (4) feet.
HAZARDOUS WASTE. Any waste materials or mixture of wastes defined as such pursuant to the Resource Conservation and Recovery Act, 42 USC §§ 6901 et seq., or the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 USC §§ 9601 et seq., and all future amendments to either of them, or as defined by the California Environmental Protection Agency, the California integrated Waste Management Board, or either of them and shall include medical waste and household hazardous waste. Where there is a conflict in the definitions employed by two (2) or more agencies having jurisdiction over hazardous or solid waste, the term HAZARDOUS WASTE shall be construed to have the broader, more encompassing definition.
OCCUPANT. Includes every owner of, and every tenant or person in possession of, is the inhabitant of, or has the care and control of, an inhabited residence.
PERMIT. Written authority granted by the city to any refuse collector or salvager as evidenced by contract, franchise, certificate or other writing issued pursuant to this chapter.
PERMITTEE. Any person authorized by the City Council or the City Manager, as the case may be, to conduct business as a refuse collector or salvager within the city pursuant to this chapter.
PERSON. Any individual, firm, corporation, association, or group or combination thereof acting as a unit.
RECYCLABLE MATERIAL or RECYCLABLES. Material which has been source separated or commingled with other, similar material and can be reused or processed into a form suitable for reuse through reprocessing or remanufacture, consistent with the requirements of the Act, and includes paper, newsprint, printed matter, pasteboard, paper containers, cardboard, glass, aluminum, PET and other plastics, beverage containers, compostable materials, and such other materials designated by city's City Manager, or designated as recyclables by the California Integrated Waste Management Board, or other agency with jurisdiction, and which are collected by a permittee pursuant to this chapter.
RECYCLING. The process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw materials for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. RECYCLING does not include transformation as defined as the incineration, pyrolysis, distillation, gasification, or biological conversion other than composting.
RECYCLING CENTER, STATION or FACILITY. A facility whose principal function is to receive, store, convert, separate, or transfer recyclable materials for processing.
REFUSE. Includes any and all types of rubbish, trash, garbage or other waste materiaL referred to in this chapter.
REFUSE COLLECTOR. Any person or persons, firm, copartnership, joint venture, association or corporation engaged in the collection, transportation and/or disposal of solid waste including recyclable material and green waste services in the city.
RESIDENTIAL UNIT. Each place used for residential purposes, including the following, but not restricted to: Single-family dwellings, multifamily dwellings, apartments and/or condominiums containing four (4) units or less, town houses, mobile home parks, and trailer courts, whether or not utilizing dumpster-type bins, and not including: Hospitals, convalescent homes, hotels and motels.
RUBBISH. Includes, but is not restricted to, all non-biodegradable waste or debris such as paper, cardboard, grass, tree or shrub trimmings, rugs, straw, clothing, wood or wood products, crockery, glass, rubber, metal, plastic, construction waste and debris and other similar materials.
RUBBISH DISPOSAL OPERATOR. Synonymous with REFUSE COLLECTOR.
SALVAGE. To obtain, either for compensation or other consideration, directly from the transferor thereof, any recyclable material prior to the placement of the same in the solid waste stream or the disposal or discarding thereof whether by collecting, or causing to be collected, the same from the transferor thereof or by the transferor thereof transporting the same to the salvager.
SALVAGER. Includes any person engaged in salvaging recyclable material prior to the disposal or discarding of the same in the solid waste stream and includes the person generating the recyclable material if done by such persons own employees or any subsidiary thereof. SALVAGER does not include a non-profit entity including, but not limited to, churches, schools, community organizations or groups obtaining recyclable materials for purposes such as, but not limited to, fundraising activities, rehabilitation and training programs.
SCAVENGE. Includes the extraction, segregation, removal or development of articles or material of value, including recyclable material, from solid waste.
SOLID WASTE. All putrescible and non-putrescible solid, semi-solid and liquid wastes including garbage, trash, refuse, paper, rubbish, ashes, demolition and construction debris, industrial wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes and other solid and semi-solid wastes and recyclable materials discarded or placed for disposal in bins, containers or at curbside for collection, whether segregated by type or commingled. SOLID WASTE does not include hazardous waste as defined herein.
SOLID WASTE STREAM. The placement of items, including recyclable material, into authorized receptacles for collection by an authorized refuse collector.
STREETS. The public streets, ways and alleys, except state freeways, as the same now or may hereafter exist within the city.
TRANSFEROR. Includes any person generating recyclable material who, for compensation or other consideration, donates, sells or otherwise conveys or transfers title thereto and possession thereof to a salvager and does not discard the same as solid waste. TRANSFEROR does not include a resident who conveys or transfers residential recyclable material, whether for consideration or as a donation, to a salvager or any non-profit entity including, but not limited to, churches, schools, community organizations or groups.
TRASH. Includes, but is not restricted to, every accumulation of animal, vegetable or other material:
1. Resulting from the preparation and consumption of edible foodstuffs; or
2. Resulting from decay, dealing in or storage of meats, fish, fowl, fruits or vegetables, including the cans, containers or wrappers wasted along with such materials; or
3. Such industrial, domestic and organic refuse or residue of animals sold for meat; or
4. Fruit, vegetable and animal matter from kitchens, dining rooms, markets, food establishments or any other place using, dealing in or handling meats, fish, fowl, fruits, vegetables or grains; or
5. Offal, animal waste, or the carcasses of animals, fish or fowl; or
6. Non-recyclable glass, paper or metal products.
TRUCK. Any truck, trailer, semitrailer, conveyance or vehicle used, or intended to be used, for the purpose of collecting solid waste and/or recyclable material or to haul or transport solid waste and/or recyclable material.
(Ord. 990, passed 7-23-96)