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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.)
The system of collection and disposal of refuse, solid waste, garbage, rubbish and trash by the City is hereby declared to be of public interest, purpose and concern.
Pursuant to the City's "home rule" powers under the State of Ohio Constitution, the City is establishing the following laws for the betterment of the City, its aesthetics, its roads, and its ability to have trash collected on a less expensive basis, and on a timelier basis. The services provided in this chapter shall be rendered to all persons upon compliance with all City regulations pertaining to such utility.
Mandatory Subscriptions. All property owners in the City who utilize any refuse collection and disposal service shall subscribe to the refuse collection service of the City's Refuse Contractor. All property owners except those specifically identified below as Exceptions shall become mandatory subscribers unless a Certification of Exception is obtained from the Director of Public Service.
Exceptions. All multifamily, commercial, industrial, governmental and institutional establishments in the City shall subscribe to any refuse collection service that is licensed by the City of Kent Board of Health. Multifamily commercial, industrial, governmental and industrial establishments may enter into private contracts with the City's Refuse Contractor for refuse collection, but shall not be a subscriber under the terms of the City's Refuse Contract between the City and the City's Refuse Contractor.
(Ord. 2021-078. Passed 8-18-21.)
Each subscriber shall place his trash at the curb line, alley line or regular place of pick up, and shall provide for himself/herself and at his/her own expense the number of containers needed to properly dispose of his/her refuse.
Metal or plastic cans or barrels, with a maximum capacity of forty-five (45) gallons or fifty (50) pounds, and two (2) handles and a tightly-fitting lid, are considered to be authorized containers for trash.
Carts of capacity of ninety (90) or ninety five (95) gallons or less provided or approved by the City's Refuse Contractor are limited to the maximum capacity of forty-five (45) gallons or fifty (50) pounds.
The use of fifty-five (55) gallon drums are prohibited as refuse containers.
Sealed plastic bags, as purchased for Minimum Generator Service shall have a mil thickness of at least 1.5 and a maximum capacity of thirty (30) gallons or fifty (50) pounds. Plastic bags must be placed in a can or barrel for pickup. Plastic bags must be identifiable by the City's Refuse Contractor.
The City's Refuse Contractor shall tag all containers which are unauthorized or unserviceable, which do not have serviceable handles for lifting and carrying, which have holes in the bottom, or which are otherwise not suitable for use. These tags shall advise the subscriber of the reason why the container may not be used.
The subscriber shall properly wrap, bag or bundle refuse/ solid Waste, garbage, rubbish and trash before depositing it in collection containers. The City's Refuse Contractor shall not be required to collect animal wastes or disposable diapers unless they are wrapped in a moisture-proof material and are undetectable by odor.
Cardboard boxes will be acceptable containers for bulky or loose materials other than garbage; however, the City's Refuse Contractor may refuse to accept such boxes if they are overloaded or become wet. No cardboard box and contents shall exceed fifty (50) pounds or have a dimension greater than four (4) feet cubed.
Residents will be required to place all items for pick up at their regular place of pick up, unless alternative arrangements are made with the City's Refuse Contractors.
Each container placed at the curb or alley as designated above, and each other item set out for collection, shall be placed at the location no earlier than 7:00 p.m. of the day before collection. The containers shall be removed from the required designated location for pickup by 7:00 p.m. the day collection has taken place.
Yard waste (leaves, grass clippings, weeds, shrub trimmings, holidays trees and bushes, brush, branch and tree trimmings) shall be collected at proscribed times by the City or may be taken to the City's Yard Waste Transfer Site by the subscriber. Curb side pickup shall conform to the Director of Public Service's Rules and Regulations relating to Yard Waste.
(Ord. 2021-078. Passed 8-18-21.)
The pickup of additional items is subject to the charge listed for this service in the City's Refuse Contract. Additional items not fitting within approved containers shall be subject to established additional charges and collected by the City's Refuse Contractor as follows:
(a) Bulk material (boards, fencing, paneling, carpeting, etc.) shall be in four (4) foot lengths and tied in eighteen (18) inch bundles, weighing not more than fifty (50) pounds. The pickup of these items is subject to the charge listed for this service in the City's Refuse Contract.
(b) Loose material (rock, bricks, blocks, dirt, sand, cement, etc.) must be bagged, boxed or placed in trash cans and also subject to the above weight restrictions. Cardboard boxes used as receptacles will not be picked up if they have become wet. The pickup of these items is subject to the charge listed for this service in the City's Refuse Contract.
(c) Large items (discarded furniture, appliances, bicycles, etc.) shall be placed at the usual place of collection at the curb or alley line prior to the time of regular collection on the day of collection. The pickup of these items is subject to the charge listed for this service in the City's Refuse Contract.
All upholstered furniture, mattresses, or cloth furniture items must be completely wrapped in plastic. The pickup of these items is subject to the charge listed for this service in the City's Refuse Contract.
For items containing Freon the subscriber must notify the City's Refuse Contractor, prior to being placed at the point of collection by the resident. The pickup of these items is subject to the charge listed for this service in the City's Refuse Contract.
Residents will be required to place all additional items for pick up at their regular place of pick up, unless alternative arrangements are made with the City's Refuse Contractor.
(Ord. 2021-078. Passed 8-18-21.)
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