(a) For the purposes of this chapter, the words, terms and phrases as defined in this section shall be construed as hereinafter set forth, unless it is apparent from the context that a different meaning is intended:
(1) AB 939 Administrative Fee. "AB 939 administrative fee" means any fee adopted by the city council pursuant to California Public Resources Code Section 41901.
(2) Authorized Collector. "Authorized collector" means a solid waste enterprise operating under the provisions of a collection agreement approved by the city council.
(3) Bin. "Bin" means a detachable container used in connection with commercial/ industrial premises with a two to four cubic yard capacity, equipped with a lid, and designed for mechanical pick-up by collection vehicles.
(4) Box. "Box," sometimes known as a "roll-off" or "drop" box, means a wheeled or sledded container or compactor, generally seven to forty cubic yards in size, suitable for the storage and collection of commercial or industrial solid waste or recyclables.
(5) Bulky Goods. "Bulky goods" means oversized or overweight household articles placed curbside by a residential householder, which oversized or overweight household articles have weights, volumes or dimensions which cannot be accommodated by solid waste, recyclables, or green waste containers for residential premises, such as stoves, refrigerators, water heaters, washing machines, furniture, sofas, mattresses, box springs, large rugs and landscaping debris.
(6) City Manager. "City manager" means the city manager of the city of La Mirada or the city manager's designee.
(7) Collection. "Collection" means the operation of gathering together within the city, and transporting to the point of disposal or processing, any solid waste (including green waste) and recyclables.
(8) Collection Agreement. "Collection agreement" means an agreement between the city and a solid waste enterprise, entered into pursuant to Article II of this chapter, for the provision of solid waste and recyclables collection services in the city.
(9) Collector. "Collector" means any solid waste enterprise:
(A) Who has been awarded a collection agreement to provide residential or commercial/industrial solid waste or recyclables collection services in the city, or
(B) Who has been issued a permit or nonexclusive contract to provide solid waste and recyclables collection services to state facilities.
(10) Collector Fee. "Collector fee" means the fee paid to the city by an authorized collector pursuant to the collection agreement, pursuant to Section 6.08.060.
(11) Commercial/Industrial Business Owner. "Commercial/Industrial business owner" means any person, firm, corporation or other enterprise or organization holding or occupying, alone or with others, commercial/industrial premises, whether or not it is the holder of the title or the owner of record of the commercial/industrial premises.
(12) Commercial/Industrial Premises. "Commercial/Industrial premises" means all occupied real property in the city, except property occupied by state or local governmental agencies which do not consent to their inclusion, and except residential premises as defined in subsection (31) hereof, and shall include, without limitation, wholesale and retail establishments, restaurants and other food establishments, bars, stores, shops, offices, industrial establishments, manufacturing establishments, service stations, repair, research and development establishments, professional, services, sports or recreational facilities, construction and demolition sites, a multiple unit residential complex that is not a residential premises, and any other commercial or industrial business facilities, structures, sites, or establishments in the city.
(13) Construction Site or Demolition Site. "Construction site or demolition site" means any real property in the city in, on or from which a building or structure is being fabricated, assembled, erected or demolished, and which produces construction or demolition solid waste which must be removed from the property, and requires the use of commercial solid waste containers.
(14) Construction Waste or Demolition Waste. "Construction waste or demolition waste" means any solid waste or debris generated as the result of construction or demolition, including without limitation, discarded packaging or containers and waste construction materials, whether brought on site for fabrication or used in construction or resulting from demolition, excluding liquid waste and hazardous waste.
(15) Container. "Container" means any vessel, tank, receptacle, box or bin used for the purpose of holding solid waste or recyclables for collection.
(16) Disposal. "Disposal" means the complete operation of treating and disposing of solid waste after the collection thereof.
(17) Green Waste. "Green waste" means that solid waste consisting of leaves, grass clippings, brush, branches and other forms of organic materials generated from landscapes or gardens, separated from other solid waste. "Green waste" does not include stumps or branches exceeding four inches in diameter or four feet in length.
(18) Hazardous Waste. "Hazardous waste" means a waste or combination of wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics, may do either of the following: (i) cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; (ii) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise manager. "Hazardous waste" includes, without limitation, extremely hazardous waste, acutely hazardous waste, radioactive waste, and medical waste, and any other waste as may hereafter from time to time be designated as hazardous by the Environmental Protection Agency ("EPA") or other agency of the United States Government, or by the California Legislature or any agency of the state of California empowered by law to classify or designate waste as hazardous, extremely hazardous or acutely hazardous.
(19) Holiday. "Holiday" means:
New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
"Holiday" also means any other day recognized by resolution of the city council.
(20) In the City or within the City. "In the city" or "Within the city" means all of the territory within the corporate boundaries of city as such boundaries exist on the effective date of this chapter or may thereafter exist by virtue of the annexation of territory to or detachment of territory from the boundaries of city.
(21) Landscaping Debris. "Landscaping debris" means green waste that does not fit into a green waste container, and includes stumps or branches exceeding four inches in diameter or four feet in length.
(22) Manure. "Manure" means the waste droppings from any animal.
(23) Person. "Person" means any individual, association, firm, partnership, corporation, or any other group or combination thereof acting as a unit.
(24) Processing. "Processing" means the reduction, separation, recovery and conversion of solid waste.
(25) Public Agency. "Public agency" means any governmental agency or department thereof, whether federal, state, or local.
(26) Recyclables. "Recyclables" means those materials that are suitable for recycling, as determined by resolution of the city council, or as set forth in a collection agreement.
(27) Recyclables Container. "Recyclables container" means a container which is provided to residential premises for use in collecting and moving recyclables to curbside for collection by the collector, or a container which is provided to commercial/industrial premises for use by the collector in collecting and moving recyclables.
(28) Recycling. "Recycling" means 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 material 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 in Public Resources Code Section 40201.
(29) Residential Householder. "Residential householder" means any person or persons holding or occupying residential premises in the city, whether or not the owner of the residential premises.
(30) Residential Owner. "Residential owner" means the owner of any residential premises within the city.
(31) Residential Premises. "Residential premises" means any residential dwelling unit within the city, except:
(A) multiple unit residential complexes of four units or more; or
(B) any multiple unit residential complex which, with the prior written approval of the city manager or designee, receives commercial bin service.
(32) Resource Recovery. "Resource recovery" means any use of solid waste collected pursuant to this chapter, except for landfill disposal or transfer for landfill disposal. "Resource recovery" shall include, but is not limited to, transformation, composting, and multi-material recycling.
(33) Solid Waste. "Solid waste" means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not a hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. "Solid waste" shall not include hazardous waste.
(34) Solid Waste and Recyclables Collection Services. "Solid waste and recyclables collection services" means the collection, storage, or transfer of solid waste (including green waste) and recyclables.
(35) Solid Waste Container. "Solid waste container" means any container permitted to be used for the purpose of holding solid waste for collection.
(36) Solid Waste Enterprise. "Solid waste enterprise" means any individual, partnership, joint venture, unincorporated private organization, or private corporation regularly engaged in the business of providing solid waste and recyclables collection services.
(37) Special Items. "Special items" means any bulky or heavy objects that require bin service and are not bulky goods, including, but not limited to, dirt, sod, brick, manure, waste from any poultry yard or stable, and construction and demolition waste.
(38) Standard Commercial/Industrial Solid Waste Container. "Standard commercial/industrial solid waste container" means a state-of-the-art bin or solid waste container used in connection with commercial/industrial premises with a two, three, or four cubic yard capacity, designed for mechanical pick-up by collection vehicles and equipped with a lid, or where appropriate for the commercial/industrial premises being served, a twelve to forty cubic yard roll-off box or compactor, and shall include other types of containers suitable for the storage and collection of commercial/industrial solid waste if approved in writing by the city manager.
(39) Standard Residential Green Waste Container. "Standard residential green waste container" means a standardized roll-away container with a locking lid, made of metal, hard rubber or plastic and having an approximate capacity of ninety-five gallons, and of a design, color and durability as approved by the city manager.
(40) Standard Residential Recycling Container. "Standard residential recycling container" means a standardized roll-away container with a locking lid, made of metal, hard rubber or plastic and having an approximate capacity of ninety-five gallons, and of a design, color and durability as approved by the city manager.
(41) Standard Residential Solid Waste Container. "Standard residential solid waste container" means a standardized roll-away container with a locking lid, made of metal, hard rubber or plastic and having an approximate capacity of either sixty-five or ninety-five gallons, and of a design, color and durability as approved by the city manager.
(b) Nothing contained in this section shall be deemed to preclude the city and any enterprise from incorporating into any agreement for exclusive services definitions relating to their respective contractual rights and obligations which may differ from or augment those set forth herein.
(Ord. 531 § 3 (part), 1999).