For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUSINESS. All retail, professional, wholesale and industrial facilities and any other commercial enterprises offering goods or services to the public.
CLAM SHELL TRUCK. A truck equipped with a boom that has a bucket especially designed to collect trash as well as a body equipped with sides sufficient in height to contain the trash for transportation to the landfill. The truck shall also have the capability to be dumped hydraulically.
COLLECTOR. The person or legal entity responsible for operating solid waste pick-up in the town pursuant to a franchise agreement.
COMMERCIAL UNITS. All multi dwellings (four units and more) and businesses.
COMMERCIAL CONTAINER. Any metal container designed or intended to be mechanically dumped into the packer-type garbage truck used by the collector and varying in size from two to eight cubic yards.
CONSTRUCTION AND DEMOLITION DEBRIS. Materials generally considered not to be water soluble and nonhazardous in nature, including but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard and lumber, from the construction or destruction of a structure as part of a construction or demolition project, and including rocks, soils, tree remains, trees, and other vegetative matter which normally results from land clearing or land development operations for a construction project. Mixing of CONSTRUCTION AND DEMOLITION DEBRIS with other types of solid waste, including material from construction or demolition site which is not from the actual construction or destruction of a structure, will cause it to be classified as other than construction and demolition debris.
CURBSIDE. That portion of the street right-of-way paralleling any public right-of-way between the curb line and abutting property line. If ditching bisects the property and the right-of-way, the curbside then becomes the roadside of the ditch.
CUSTOMER. Any natural or artificial person or entity residing, doing business or operating at or in a commercial unit or residential unit.
FRANCHISE. An initial authorization or renewal thereof, voluntarily entered into by the franchisee and issued by the town, whether such authorization is referred to as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the right, privilege, and/or use of public rights-of-way within the town for the purpose of recycling, collecting, removing, or disposing of solid waste material, construction and demolition debris, or recyclable materials from businesses, residences or construction sites within the town. A franchise may be exclusive or nonexclusive. Any such authorization, in whatever form granted, shall not mean or include any franchise or permit required for the privilege of transacting and carrying on a business within the town as required by other code provisions and ordinances of the town.
FRANCHISE AREA. The portion of the town for which a franchise is granted under the authority of this code. If not otherwise states in the franchise, the FRANCHISE AREA shall be the corporate limits of the town, including all territory thereafter annexed to the town. The franchisee shall be notified in writing of any annexations to the town.
FRANCHISEE. The person, whether natural, corporate, or otherwise, domestic or foreign, to whom a franchise is granted by the town under this chapter, and the lawful successor, transferee, or assignee of such person.
FRANCHISE FEE. The percentage, as specified by a franchise agreement, of the franchisee's gross annual revenues derived from the operation of the franchise for certain types of services as set forth in a franchise agreement (e.g. - recycling, collection, removing, or disposing of solid waste material, construction and demolition debris, or recyclable materials in the town), and which is payable in exchange for the rights granted pursuant to this code and the franchise.
GARBAGE. Every refuse accumulation of animal, fruit or vegetable matter that attends the preparation, use, cooking or dealing in or storage of edibles, which is subject to decay, putrefacation and the generation of noxious or offensive gases or odors, or which, during or after decay, may serve as breeding or feeding material for flies or other germ-carrying insects.
GARBAGE RECEPTACLE. A container of not greater than 30-gallon capacity nor less than ten-gallon capacity, which shall be free of jagged or sharp edges and shall be watertight and of impervious material, provided with tight-fitting cover suitable to protect the contents from flies, insects, rats and other animals, fitted with two handles by which it may be lifted and which shall not have any inside structure, such as inside bands or reinforcing angles or anything within that would prevent the free discharge of the contents. Such receptacle may also be a water-proof bag liner, which can be safely and securely closed and which is a type approved by the collector and the town.
GROSS ANNUAL REVENUES. All receipts derived directly or indirectly from the operation of the franchise in the town, including but not necessarily limited to the hauling of solid waste, collection of construction and demolition debris, special waste, or recyclables, and sale of recyclables in the town to customers. GROSS ANNUAL REVENUES shall not include any fees or taxes which are imposed directly on any customer thereof by any governmental unit or agency, and which is collected by the collector on behalf of that entity. Nor shall GROSS ANNUAL REVENUES include any debts for service or equipment owed but uncollected by the collector.
HAZARDOUS WASTE. As defined under the Resource Conservation and Recovery Act, 42 USC Section 6903(5), as amended or as further defined pursuant to implementing regulations within the Code of Federal Regulations, or regulated as toxic under the Toxic Substances Control Act, 15 USC Section 2601, as amended, or under regulations promulgated thereunder or defined as hazardous under the Chapter 62-730, Florida Administrative Code, or any other applicable state or local law or regulation.
HOUSEHOLD JUNK. Any tangible item such as furniture or similar property not having purpose to the owner. HOUSEHOLD JUNK does not include abandoned junk automobiles and parts thereof, white goods, materials that accumulate as a result of building or building alterations such as brick, block, stone, sand, siding, roofing or trash generated as a result to clearing vacant lots.
INSTITUTIONAL UNIT. Public, private, religious or town governmental establishments for education, recreation, instruction, health care or entities otherwise performing services for the public.
LANDFILL. The Brevard County Landfill or other landfill properly permitted by all appropriate governmental regulatory authorities and acceptable to the town and the collector.
PUBLIC RECORD. The term as defined in Section 119.011, Florida Statutes, as amended from time to time, and by any judicial forum.
RECYCLING CONTAINER. A plastic container, used for the storage/collection of recyclable material, or any other container identified for recyclable material storage/collection as shown in franchise agreement with a collector.
RECYCLABLE MATERIALS. Those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste, including cardboard, newspapers, glass and bottles, metal cans and aluminum.
RESIDENTIAL UNIT. Any structure or shelter, or any part thereof, used or constructed for use as a residence for up to four families.
ROLL-OFF CONTAINER. Any container (open top or enclosed for compaction) used for the collection and storage of construction debris, demolition debris, garbage and rubbish that can be picked up and transported on a specially equipped truck to the landfill or recycling facility.
RUBBISH. Refuse, accumulation of paper, excelsior, rags or wooden or paper boxes or containers, sweepings, and all other accumulations of nature other than garbage, which are usual to housekeeping and to the operation of stores, offices, and other business places; also any cans or other containers which, due to their ability to retain water, may serve as breeding places for mosquitoes or other water breeding insects.
SOLID WASTE. A general term which includes the specific terms garbage, rubbish, household junk, white goods, construction and demolition debris and trash, but which does not include hazardous waste or special waste. Recyclable materials shall not be included within this definition, if the recyclable material has been properly separated by the customer and placed into appropriate recycling containers. If the recyclable material has not been properly separated by the customer and is placed by the customer with other garbage, trash, household junk, or rubbish, the recyclable material shall be considered to be solid waste for the purposes of this Agreement.
SPECIAL WASTE. Items of solid waste that require special handling and management, including:
(1) Chemical waste from a laboratory. This is limited to discarded containers of laboratory chemicals, lab equipment, lab clothing, debris from lab spills or cleanup and floor sweepings.
(2) Articles, equipment and clothing containing or contaminated with polychlorinated biphenyls (PCBs). Examples would be: CB capacitors or transformers, gloves or aprons from draining operations, empty drums that formerly held PCBs.
(3) PCB drainings and flushings removed from PCB articles and placed directly into transport containers.
(4) Empty containers of waste commercial products or chemicals. This applies to a portable container which has been emptied, but which may hold residuals of the products or chemical. Examples of containers are: portable tanks, drums, barrels, cans, bags, liners. A container shall be determined RCRA “empty” according to the criteria specified at 40 C.F.R. Section 261.7.)
(5) Asbestos-containing waste from building demolition or cleaning. This applies to asbestos-bearing waste insulation materials, such as wall board, wall spray coverings, pipe insulation.
(6) Commercial products or chemicals: Off-specification, outdated, contaminated or banned. This also includes products voluntarily removed from the market place by a manufacturer or distributor, in response to allegations of adverse health effects associated with product use.
(7) Residue and debris from cleanup spills or releases of a single chemical substance or commercial product or a single waste which would otherwise qualify as a miscellaneous special waste.
(8) Animal waste and parts from slaughterhouses or rendering plants.
(9) Waste produced by the mechanical processing of fruit, vegetables or grain. This includes such wastes as rinds, hulls, husks, pods, shells and chaff.
(10) Pumpings from septic tanks used exclusively by dwelling units. (Single family homes, duplexes, apartment buildings, hotels or motels.)
(11) Sludge from a publicly owned sewage treatment plant serving primarily domestic users.
(12) Grease trap wastes from residences, restaurants, cafeterias not located at industrial facilities.
(13) Washwater wastes from commercial car washes.
(14) Washwater wastes from commercial laundries or laundromats.
(15) Chemical-containing equipment removed from service. (Examples: Cathode ray tubes, batteries, fluorescent light tubes).
(16) Waste produced from the demolition or dismantling of industrial process equipment or facilities contaminated with chemicals from the process.
(17) Closed cartridge filters from dry cleaning establishments, such filters being used to filter used dry cleaning fluids or solids.
(18) Containerized waste. To include, but not be limited to, a drum, barrel, portable tank, box or pail.
(19) Waste transported in a bulk tanker.
(20) Liquid waste. For purposes of this paragraph, liquid waste means any waste material that is determined to be or contain “free liquid” by the paint filter test (EPA Method 9095).
(21) Sludge waste.
(22) Waste from an industrial process. Waste which requires special handling.
(23) Waste from a pollution control process.
(24) Residue or debris from the cleanup of a spill or release of chemical substances, commercial products or wastes listed in divisions (19) through (24) of this definition.
(25) Soil, water, residue or debris, including and limited to articles which are contaminated from the cleanup of a site or facility formerly used for the generation, storage, treatment, recycling, reclamation, or disposal of wastes listed in paragraph (19) through (25) of this definition.
TRASH. Accumulation of lawn, grass or shrubbery cuttings, or clippings and dry leaf rakings, palm fronds, small tree branches (shall not exceed four feet in length and twelve inches in diameter), bushes or shrubs, green leaf cuttings, coconuts, fruits or other matter usually created as refuse in the care of lawns and yards.
WHITE GOODS. Discarded stoves, refrigerators, freezers, air conditioners and other items so defined by Chapter 62-701.200, Florida Administrative Code, or Chapter 403, Florida Statutes, all as amended from time to time.
(Am. Ord. 92-03, passed 6-17-92; Am. Ord. 98-01, passed 2-18-98)