The definitions set forth in Chapter 8.08 are incorporated herein by this reference. If any words or phrases are not defined in this code, such terms shall have the meaning applied to them in the Act. In the event of any conflict between the definitions set forth in Chapter 8.08 or the Act and the following, the definitions set forth in this section shall control. The following words and phrases, for purposes of this chapter, are defined and shall be construed as hereunder set out:
ACT. The California Integrated Waste Management Act of 1989, as it now exists or may subsequently be amended, found at Cal. Public Resources Code §§ 40000 et seq., and the applicable implementing regulations.
AUTHORIZED COLLECTOR or COLLECTOR. Any person who has been issued an exclusive or non-exclusive solid waste and recyclables collection franchise pursuant to the provisions set forth in this chapter.
CITY MANAGER. The City Manager of the city, or the City Manager's designated representative.
COMMERCIAL/INDUSTRIAL CUSTOMER. Any commercial or industrial enterprise operating in the city which generates green waste, solid waste or recyclables. COMMERCIAL/INDUSTRIAL CUSTOMERS do not include any single- or multi-family residential dwelling, any city facility, or any commercial or industrial enterprises located in a franchise area, including the Old Town Franchise Area.
COMMERCIAL OR INDUSTRIAL PREMISES. The facilities, land, and/or buildings occupied by a commercial/industrial customer.
COMMERCIAL SOLID WASTE. Solid waste, recyclables, and green waste generated at commercial and industrial premises.
COMPOST or COMPOSTING. The product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility. COMPOST includes vegetable, yard, and wood wastes which are not hazardous waste.
CONSTRUCTION AND DEMOLITION WASTE. 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.
FOOD WASTE. All animal and vegetable solid wastes generated by food facilities, as defined in Cal. Health and Safety Code § 27521, that result from the storage, preparation, cooking, or handling of food.
GREEN WASTE. All yard waste including, but not limited to, grass clippings, and tree or plant trimmings as well as wood waste.
HAZARDOUS SUBSTANCE. Any substance, waste or mixture of wastes defined as a “Hazardous Waste” pursuant to the Resource Conservation and Recovery Act (RCRA), 42 USC 9601 et seq., 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 pursuant to the California Hazardous Substances Account Act, Cal. Health and Safety Code §§ 25300 et seq., and any consumer products with any of the characteristics of a hazardous substance. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term HAZARDOUS SUBSTANCE shall be construed to have the broader, more encompassing definition.
NON-EXCLUSIVE FRANCHISE. The right and privilege granted by the City Council to one or more persons for the collection and recycling of commercial solid waste.
NON-EXCLUSIVE FRANCHISEE or FRANCHISEE. A person in possession of a valid non-exclusive franchise for the collection and recycling of commercial solid waste issued by the city.
OLD TOWN FRANCHISE AREA. The geographic area in the city that is bounded by the south side of Palm Avenue, the north side of Olive Avenue, the west side of Ivy Avenue, and the east side of Primrose Avenue.
PERSON. Any individual, association, firm, partnership, corporation, or any other group or combination thereof acting as a unit.
RECYCLABLES. Those materials that are suitable for recycling, including but not limited to, newspapers (including inserts and coupons); glass jars and bottles; cans (aluminum, bi-metal, tin); mixed paper (brown bags, cereal boxes, colored paper, computer paper, construction paper, cracker boxes, envelopes, junk mail, legal pad backings, paper egg cartons, shoe boxes, and white paper); telephone books; magazines and catalogs; corrugated cardboard; chipboard; aluminum foil and trays; aerosol cans; scrap metal; plastic containers (1-7); plastic bags.
RECYCLE or 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 in Cal. Public Resources Code § 40201.
RECYCLER or RECYCLING PERMITTEE. A person in possession of a valid recycler permit issued by the city.
RECYCLER PERMIT. A permit issued by the city for the sole purpose of collecting recyclables only, from commercial/industrial premises, subject to the provisions set forth in § 8.10.160 of this chapter.
RECYCLING AND WASTE DIVERSION RATE. The percentage of recycling and waste diversion achieved by a franchisee.
SOLID WASTE. All putrescible and nonputrescible solid and semisolid wastes, generated in or from residential premises or commercial/industrial premises, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, as defined in Cal. Public Resources Code § 49503, excluding liquid wastes and abandoned vehicles; provided, however, that SOLID WASTE shall not include hazardous waste.
SOLID WASTE PROGRAM ADMINISTRATOR. The city employee designated by the City Manager to implement the city's source reduction and recycling element in an effort to achieve the waste diversion goals of the Act.
SOURCE REDUCTION. Any action which causes a net reduction in the generation of solid waste. SOURCE REDUCTION includes, but is not limited to, reducing the use of non-recyclable materials, replacing disposal materials and products with reusable materials and products, reducing packaging, reducing the amount of yard wastes generated, establishing garbage rate structures with incentives to reduce the amount of wastes that generators produce, and increasing the efficiency of the use of paper, cardboard, metal, plastic and other materials. SOURCE REDUCTION does not include steps taken after the material becomes solid waste or actions which would impact air or water resources in lieu of land, including, but not limited to, transformation.
STATE. The State of California.
TRANSFORMATION. Incineration, pyrolysis, distillation, gasification or biological conversion other than composting. TRANSFORMATION does not include composting or biomass conversion.
UNCONTROLLABLE CIRCUMSTANCE. Any event, occasion, situation or natural disaster beyond the control of the collector, and that is recognized as such by both the city and the collector, which impacts the ability of the contractor to perform solid waste collection services under the provisions of this chapter.
(`83 Code, § 8.10.020) (Ord. 97-01 § 1, 1997; Ord. 99-05 § 3, 1999; Ord. 2000-26 § 1, 2000; Ord. 2011-07, § 4, 2012)