As used in this chapter:
(a) "Additional Items for Pickup" means items not fitting in the subscriber's refuse container and as defined by the Bulk Item List (also known as Bulk Items).
(b) "Asbestos" means the asbestiform varieties or serpentinite, riebeckite, cummintonitegrunerite, anthophyllite and actinolite-tremonite.
(c) "Asbestos-Containing Waste Materials" means those waste identified in Chapter 3734 of the Ohio Administrative Code (OAC).
(d) "Billed Units" means all Residential Units Subscribing to the collection of residential trash provided for by the City' Refuse Contractor shall be considered a Billing Unit.
(e) "Bulk Items List" means those items not fitting in the subscriber's refuse container and included in the City's Refuse Contractor's Contract for collection.
(f) "City's Refuse Contractor" means the Contractor authorized by the City for the collection of refuse, solid waste, garbage, rubbish, and trash.
(g) "City's Recycling Contractor" means the Contractor authorized by the City for the collection of recyclable materials.
(h) "Commercial Operator" means all persons, firms or corporations who own or operate stores, restaurants, industries, institutions and other similar places including multi-family dwellings or multi-family residential structures containing four or more dwelling units. Commercial Operators are not required to subscribe to the City's Refuse Contractor's service.
(i) "Commissioner" means the Health Commissioner of the City of Kent or their designee.
(j) "Container" means the approved containers or receptacles into which refuse, solid waste, garbage, rubbish and trash materials are placed by producers. All such receptacles are subject to standards set and approved by the City of Kent.
(k) "Contract" means the actual performance Contract signed between the City of Kent and a single solid waste hauler, through the open and competitive Bidding process for the exclusive right to collect residential refuse in the City of Kent.
(l) "Contract Documents" means the Advertisements for Bids, Information for Bidders, Contractor's Bid, Contractor's Bid Bond, the Contract Performance Bond, and any addenda or changes to the foregoing documents agreed to by the City and the Contractor. Additionally, all Supplemental Information for Bidders, Supplemental General Conditions, Change Orders, all laws referenced as written in full herein, all addenda issued and all modification to come are also Contract Documents.
(m) "Curbside" means that portion of the right-of-way adjacent to paved or traveled City roadways, including the end of a driveway, curb line or alley line.
(n) "Delivery Site" means for Recyclable Materials the District Recycling Processing Facility located at 3588 Mogadore Road, Brimfield Township, Portage County, Ohio, or as otherwise agreed.
(o) "Director" means the Director of Public Service of the City of Kent
(p) "Disposals Site" means an approved location where the City's Refuse Contractor disposes of trash collected in the City of Kent which is operated with an approved license to receive residential trash.
(q) "District" means The Portage County Solid Waste Management District.
(r) "Garbage" means all discarded putrescible materials including, but not limited to, animal, vegetable or fruit wastes resulting from the handling, storage, preparation or eating of food and handling and disposal of small dead animals.
(s) "Hazardous Waste" means those substances which, singularly or in combination, pose a significant present or potential threat to human health or to the environment, and which singularly or in combination, require special handling, processing or disposal because they are or may be flammable, explosive, reactive, corrosive, toxic, carcinogenic, bio-concentrative or persistent in nature, potentially lethal or an irritant or strong sensitizer.
(t) “Holidays" means the following shall be holidays for purposes of refuse, solid waste, garbage, rubbish, and trash collection: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
The City's Refuse Contractor shall not collect refuse, solid waste, garbage and rubbish on the above listed holidays but shall start collection the day immediately following the holiday and continue their operation during the same week that the holiday occurs in, until all refuse, solid waste, garbage, rubbish, and trash collection is complete.
(u) "Households" means Residential units.
(v) "Multi-family residence or apartment" means the grouping together of four or more billing units under a common roof.
(w) "Occupied Residential Unit" means a residential unit shall be deemed occupied when either water or domestic light and power services are being supplied thereto.
(x) "Pickup Location" means the location agreed to between the City's Refuse Contractor and the Subscriber where the Subscriber shall place their trash for pickup and the City's Refuse Contractor shall pickup said trash.
(y) "Premises" means the land or buildings or both, occupied, by a householder or a commercial operator.
(z) "Producer" means an occupant of a residential unit who generates refuse, solid waste, garbage, rubbish, and trash and/or recyclable material.
(aa) “Quadrant(s)" means the total area of the City shall be divided into four subareas that shall be known as Quadrants(s) for the purpose of trash collection.
(bb) “Solid Waste" means such unwanted residual solid or semi-solid materials as results from industrial, commercial, agricultural and community operations, excluding earth or material from construction, mining or demolition operations, or other waste materials of the type that would normally be in demolition debris, non-toxic fly ash, spent non-toxic foundry sand and slag and other substances that are not harmful or inimical to public health, and includes but is not limited to, garbage, tires, combustible and non- combustible material, street dirt and debris. Solid waste does not include any material that is an "infectious waste", a "hazardous waste", and "asbestos waste" or material defined under "recyclable material". The definition of solid waste shall include all refuse, garbage, rubbish and trash as defined herein.
(cc) "Subscriber" means a resident of Kent, an owner of rental property in Kent and the City of Kent in so much as collection of trash from City Facilities, required to have trash collected by the City's Refuse Contractor. Residential Unit defines those properties whose owner shall become a Subscriber and is required by the terms of the City's Refuse Contractor to have their refuse, solid waste, garbage, rubbish and trash collected.
(dd) "Recycling container" means a storage unit provided by the City or its Recycling Contractor in which recyclable materials are to be placed and commingled by the occupants of each billing unit, unless served by other storage units. Such containers shall meet the requirements of the Director and will be specified by the City. Only the City's Recycling Contractor shall be permitted to remove the contents of a recycling bin.
(ee) "Recyclable Material" means this term shall refer to recyclable materials in the form of glass, aluminum and steel containers, magazines, phone books, junk mail, mixed paper, newspaper, #1 and #2 plastics, and cardboard designated for removal from a residential or apartment unit. This list may be reduced or additional materials may be designated by mutual agreement of the Recycling Contractor and the City.
(ff) "Required Services" means it shall include the collection and disposal of the refuse, solid waste, garbage, rubbish and trash for residential units in the City.
(gg) "Residential Unit" means it shall include owner occupied and/or rented single family dwellings, duplex, triplex, boarding houses or other similar buildings with one or more billed units grouped under a common roof with facilities used or intended to be used by a single family for living, sleeping, cooking and eating purposes. Non- Residential Units are all units not as defined above and will not be required to subscribe to the City Refuse Contractor's service.
(hh) "Rubbish" means ashes, glass, crockery, tin cans, paper, boxes, rags and old clothing and all other similar non-putrescible wastes. The term "rubbish" shall not include any material such as earth, sand, brick, stone, plaster or other similar substances that may accumulate as a result of construction or demolition operations. For the purpose of this definition, "material from construction operations or demolition operations" are those items affixed to the structure being constructed or demolished, such as brick, concrete, stone, glass, wall board, framing and finishing lumber, roofing materials, plumbing, plumbing fixtures, wiring and insulation, but excludes materials whose removal has been required prior to demolition. For the purpose of this definition, semi-solid material does not contain liquids which can be readily released under normal climatic conditions as determined by Methods 9095 (Paint Filter Liquids Test) in SW- 846: "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods".
(ii) “Refuse" means trash and discarded items listed as Additional Items for Pickup (also known as Bulk Items).
(jj) “Trash" means the component of Solid Waste that includes garbage and rubbish as defined herein but does not include recyclable materials.
(kk) “Yard Waste" means leaves, grass clippings, weeds, holiday trees, shrub trimmings, bushes,-aoo brush,-aoo branch clippings, and tree trimmings.
(Ord. 2021-078. Passed 8-18-21.)