For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCEPTABLE WASTE. Garbage, refuse, and other solid waste from residential, commercial, light industrial and community activities, which is generated and collected in aggregate. This term shall include non-processable waste, but shall not include unacceptable waste.
   AGREEMENT or FRANCHISE AGREEMENT. The contractual agreement between the city and the franchise collector for the collection of solid waste, recovered materials, and other services as described herein.
   APPLICABLE LAW. All applicable federal and laws of the State of Florida, local (municipal and county) ordinances, and the rules and regulations of all authorities having jurisdiction over any part of the services provided under this agreement.
   BULK TRASH. Defined as follows:
   Items in such a size and/or quantity that preclude or complicate the materials to be containerized for normal solid waste collection service and which are generated from the property on which the materials are placed for removal. Examples of bulk trash are listed below:
      (1)   Household goods, appliances, furniture, mattresses, box springs, carpet, draperies, and other miscellaneous materials as are normally found in a residential household, as well as home renovation materials.
      (2)   Vegetative material, from trimmings, from bushes, shrubs, and trees which are of such size and/or quantity that do not allow for the materials to be containerized or bagged for normal garbage service.
      (3)   Wooden fence sections six feet or less in height and length, wooden doors, sinks, commodes, small wood scraps, and other small building or repair materials.
      (4)   Mirrors, glass tabletops, windowpanes, plate glass and other similar glass items should be safely placed in a rigid container to facilitate safe collection.
      (5)   Miscellaneous trash shall mean bulk trash not previously defined that is of a household, noncommercial and nonhazardous nature.
   Unacceptable materials, such as tires, paint cans, chemicals, motor oil or other hazardous waste do not constitute bulk trash as defined herein, and shall not be placed out for collection.
   BUSINESS. All retail, professional, wholesale, and industrial facilities and any other commercial enterprises offering goods or services to the public.
   CITY. The City of Pompano Beach.
   CITY CONTRACTOR. Any person, firm or corporation responsible pursuant to a legally binding contract with the city for the collection of solid waste within the geographic boundaries of the city.
   COLLECTION FREQUENCY. The number of times a type of collection service is provided to a customer each week.
   COLLECTION SERVICES. The provision of collect and transport solid waste and recovered materials as specified by the agreement to the designated facility for processing or disposal.
   COMMERCIAL. Any commercial establishment; businesses; multiple dwelling property that is solely owned by a corporation(s), entity, individual or combination of them, primarily utilized for rent, with four or more units under one continuous roof; property or properties zoned or used for commercial or industrial uses; or used by an entity exempt from taxation under section 501(c)(3) of the Internal Revenue Code. All transient multiple- dwellings.
   CONSTRUCTION AND DEMOLITION (C&D) DEBRIS. As provided in F.S. § 403.703(6), or as may be amended in the future, shall mean discarded materials generally considered to be not water-soluble and non-hazardous 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 or from the renovation of a structure, and includes rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project, including such debris from construction of structures at a site remote from the construction or demolition project site. Mixing of construction and demolition debris with other types of solid waste will cause the resulting mixture to be classified as other than construction and demolition debris. The term also includes:
      (1)   Clean cardboard, paper, plastic, wood, and metal scraps from a construction project;
      (2)   Except as provided in F.S. § 403.707(9)(j), or may be amended in the future, yard waste and unpainted, non-treated wood scraps and wood pallets from sources other than construction or demolition projects;
      (3)   Scraps from manufacturing facilities which is the type of material generally used in construction projects and which would meet the definition of C&D debris if it were generated as part of a construction or demolition project. This includes debris from the construction of manufactured homes and scrap shingles, wallboard, siding concrete, and similar materials from industrial or commercial facilities;
      (4)   De minimis amounts of other non-hazardous wastes that are generated at construction or destruction projects, provided such amounts are consistent with best management practices of the industry.
   The term does not include recovered materials, as defined in this section, as long as each type of material is collected, contained separately and source separated, will not be considered C&D debris and will be regulated under the terms of recovered materials herein.
   CONSTRUCTION DEBRIS. Any trash and refuse generated at a building, renovation or construction site during construction, renovation or demolition of a building.
   CONTAINER. Any city-approved detachable container designed or intended to be mechanically lifted and where solid waste is deposited into a compaction vehicle, or a city-approved detachable container used for solid waste collection and mechanically lifted or pulled onto service vehicle and varying in size from one to 40 cubic yards. Containers are commonly referred to as dumpsters, compactors and roll-off containers.
   CONTRACT MUNICIPALITIES. This term shall refer to the cities of Dania, Hallandale, Pompano Beach and Pembroke Pines, each of which is a municipal corporation existing under the laws of the state and located within the county.
   CONTRACTOR. Shall be synonymous to definition of city contractor herein.
   CURBSIDE. The side of a road or sidewalk that is nearest to the curb or road without actually being on the street or road.
   DE MINIMIS. Shall mean in the context of recovered materials, a container that contains 10% or less by weight or volume of materials that are not recovered materials. Containers of recovered materials that contain more than 10% by weight or volume of other materials ("solid waste, non-recovered materials, dirt, etc.) are not recovered materials but are solid waste.
   DESIGNATED FACILITY. The facilities designated by the city where all materials collected pursuant to the agreement shall be delivered.
   DISASTER DEBRIS. As currently defined in FEMA publication 325, Public Assistance Debris Management Guide, or as may be amended in the future, shall mean any material, both natural and man-made, generated by a disaster. For this definition, storm debris shall be considered synonymous.
   DISPOSAL AGREEMENT. The solid waste disposal agreement between the City of Pompano Beach and Waste Management, Inc. of Florida dated September 15, 2003.
   DIVISION MANAGER. The Manager of the City Solid Waste Division, or designee.
   DUMPSTER. A large container that collects materials on a large scale and is open on top with a closable lid. Measured in yardage and typically collected by frontend loading vehicle.
   DUPLEX. A detached two-family structure designed or intended for occupancy by two families.
   FLOW CONTROL. The franchised collector shall deliver all solid waste, bulk waste, residential recycling, yard waste, construction and demolition debris, and any other named materials as added, generated in the City of Pompano Beach, to the designated facilities as set forth in this chapter.
   FRANCHISE FEE. The City of Pompano Beach shall impose a 12% franchise fee into the rate of all temporary roll-off containers collecting construction and demolition (C&D) debris, bulk or miscellaneous wastes.
   GARBAGE. All waste and accumulation of matter that attends or results from the preparation, use, handling, cooking, serving, or storage of meats, fish, fowl, fruit, or vegetable matter of any nature whatsoever, which is subject to decay or putrefaction and the generation of noxious and offensive gases or odors, or which may serve as breeding or feeding material for flies or other germ-carrying insects, plus refuse from bottles, cans, papers, and the like.
   GARBAGE BAG. Any plastic bag up to 32 gallons in capacity and of sufficient strength to minimize rupturing due to animals or type of materials placed within. Bags must weigh less than 50 pounds when full and must be securely tied at the top.
   GARBAGE CAN. A cylindrical, light-gauge steel, plastic, or galvanized receptacle, closed at one end and open at the other, furnished with a top or lid and appropriate lifting device of not more than 32 gallon capacity and not weighing more than 60 pounds when full; it shall also mean plastic bags or liners not exceeding 30 pounds gross weight, securely tied at the top, furnished by the city through its contractors in-lieu of roll cart as defined herein.
   HAULER. A person who contracts, formally or informally, with an owner for the removal and disposal of construction debris other than the city’s contractor.
   HAZARDOUS MATERIALS. As currently defined in F.S. § 403.703(13), or as may be amended in the future, shall mean solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed as a solid waste regulated by the State of Florida Department of Environmental Protection as a hazardous waste pursuant to Chapter 62-730, F.A.C. HAZARDOUS WASTE shall also mean, as defined by Section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act, any substance designated pursuant to Section 311(b)(2)(A) of the Clean Water Act, any element designated pursuant to Section 102 identified under or listed pursuant to Section 3001 of the Solid Waste Disposal Act, solid wastes designated by OSHA in accordance with 40 CFR 261 due to the properties of ignitability, corrosivity, reactivity, or toxicity, any material that is subject to the hazardous waste manifest requirements of the Environmental Protection Agency specified in 40 CFR Part 262, and any imminently hazardous chemical substance or mixture pursuant to Section 7 of the Toxic Substances Control Act.
   HOME RENOVATION MATERIALS. Fixtures such as toilets, sinks, and bathtubs removed from single-family, duplex or triplex dwellings. These materials shall be placed in the garbage roll cart for collection at the curb twice each week unless it constitutes bulk trash as defined in this chapter.
   HORTICULTURAL TRASH. Accumulation of lawn, grass, or shrubbery cuttings, or clippings and dry leaf rakings, palm fronds, small tree branches, (which shall not exceed four feet in length and four 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, except large branches, trees, or bulky or noncombustible materials not susceptible to normal loading and collection in load-packer type sanitation equipment used for regular collections from domestic households. Tree trimmings and palm fronds shall be tied in bundles not exceeding four feet in length, not weighing over 50 pounds, and placed at the curb for pickup.
   INDUSTRIAL. Establishments generating waste accumulation of metal, metal products, minerals, chemicals, rock, cement, asphalt, tar, oil, grease, glass, crockery, rubber, tires, bottles, cans, lumber, sawdust, wastes from animal packing or slaughterhouses, or other materials usually created by industrial enterprises.
   MISSED COLLECTION. A collection that does not occur before 7:00 p.m. on the regularly scheduled collection day.
   MULTIFAMILY DWELLING. Any building or structure containing four or more contiguous living units and intended exclusively for residential single persons or families. This excludes those required to obtain a business tax receipt from the city; owned by a corporation(s); entity, individual or combination of them; property or properties zoned or used for commercial or industrial uses, or used by an entity exempt from taxation under section 501(c)(3) of the Internal Revenue Code. Each living unit shall be deemed a separate dwelling unit for purposes of billing if roll-cart type service is selected.
   MUNICIPAL SOLID WASTE (MSW). Commonly known as trash, garbage, refuse or rubbish, and is a waste type consisting of everyday items that are discarded by the public.
   NONCONTAINERIZED BUSINESS. Any business, apartment, or other structure whose garbage and trash is deposited and collected by means other than a container as defined herein.
   NON-PROCESSABLE WASTE. That portion of the waste stream that is not capable of being processed at the facility but that the corporation agrees to accept, and landfill at no additional cost to the party delivering such waste (other than the tipping fee required under Section 2.3 of the solid waste disposal agreement hereof, including the “pass-throughs” identified therein). This term shall include metal furniture and appliances, concrete rubble, mixed roofing materials, rock, gravel and other earthen materials, equipment, wire and cable, tree limbs, logs or lumber not more than four feet long or six inches in diameter, occasional tires, and demolition and construction debris and material, none of which are delivered to the corporation in quantities that constitute UNACCEPTABLE MATERIALS.
   PROGRAM RECYCLABLES. Materials included in the city recycling program, including all paper products, cardboard, aluminum and steel/bimetal containers, all plastic containers, rigid mixed plastics, glass containers, and aseptic containers/gable-top cartons. PROGRAM RECYCLABLES include incidental amounts of non-designated materials or materials that cannot be recycled or processed, as can normally be expected as part of municipal recycling collection.
   PUTRESCIBLE WASTE. Solid wastes which are capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances from odors or gases and capable of providing food for, or attracting insects and other vermin and disease vectors.
   RECEPTACLE. Any can, container, or other waste holder as defined herein or which is required or permitted to be used for the collection or disposal of solid waste.
   RECOVERED MATERIALS. As currently defined in F.S. § 403.703(24), or as may be amended in the future, or any other materials exempted by federal, state or county laws. Shall mean metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but the term does not include materials destined for any use that constitutes disposal, recovered materials as described in this subsection are not solid waste.
   RECOVERED MATERIALS HAULER. Any person, firm or corporation, other than the city contractor, that collects, transports, handles, purchases, receives, recovers, sells or is an end user of recovered materials within the geographic boundaries of the city.
   REFUSE. All putrescible and nonputrescible solid wastes, except body waste, including, but not limited to, the following specified and all other similar wastes: garbage, household trash, commercial trash, industrial and market waste, yard trash, tree trimmings, debris, rubbish, tin cans, papers, ashes, street cleanings, dead animals, and abandoned automobiles. (‘58 Code, § 17.16)
(Ord. 690-B, passed 1-9-62)
   RESIDENCE. A detached structure designed or intended for occupancy by one person or by one family. Each mobile home trailer in a noncontainerized area shall be deemed a residence, each pad space shall be deemed a single-family structure.
   RESIDENTIAL CUSTOMER. Residents residing in single-family dwellings, duplexes and triplexes, trailers and mobile homes, multi-family dwelling intended for occupancy by one person or by one family where each structure is located on a separate lot or parcel of land. Each living unit shall be deemed a separate residence for purposes of billing. All dwellings shall not be considered commercial as defined herein.
   RESIDENTIAL DROP OFF. The residential drop-off station at the Waste Management Recycling Pompano facility located at 1951 N. Powerline Road, Pompano Beach. Materials shall be accepted by the franchise collector from 8:00 a.m. to 3:00 p.m. on Saturdays, except legal holidays. The franchise collector shall verify that the individual is a resident of the City of Pompano Beach before they are allowed to unload any bulk waste and yard waste at the residential drop-off station. The individual shall provide proof of residency (i.e., a valid Florida driver's license or other identification deemed acceptable to the city). Commercial customers and commercial waste shall not be accepted at the residential drop-off station. Bulk waste and yard waste shall be accepted at the residential drop-off station only from residential customers in noncommercial cars, pickup trucks (with a bed no larger than four feet by eight feet). Garbage is not accepted.
   RESOURCE RECOVERY SYSTEM. The resource recovery facilities which are constructed, operated and maintained pursuant to the solid waste disposal agreement.
   ROLL CART. A receptacle provided by the city through its contractor that is a wheeled container designed and intended to be used for automated or semi-automated collection service of solid waste, vegetative material and program recyclables.
   ROLL-OFF DUMPSTER. A large container that collects materials on a large scale. Measured in yardage and typically collected by a rail loading vehicle. Containers may be open or closed on top and may or may not be compacted. The term roll-off may be used synonymously.
   SOLID WASTE. As currently defined F.S. § 403.703(32), or as may be amended in the future, including garbage, trash, rubbish, refuse, construction debris, bulk trash, special waste, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations or which are required or permitted to be collected or disposed of pursuant to this chapter. This term shall include the meanings, as amended from time to time, and as limited or expanded by the terms acceptable waste, non-processable waste and unacceptable waste set forth in the solid waste disposal agreement, which are defined in this chapter. When the words GARBAGE, REFUSE or TRASH are used in this chapter, those terms shall be synonymous with.
   For the purpose of this chapter, SOLID WASTE shall not include:
      (1)   RECYCLABLE WASTE, as defined in 96.20, when such materials are segregated from all other solid waste materials and placed for collection as required by this sections;
      (2)   RECOVERED MATERIALS, as currently defined in F.S. 403.703(24), or as may be amended in the future, or any other materials exempted by federal, state or county laws, are not solid waste. Recovered materials must be source separated from solid waste as defined in F.S. § 403.703(36), or as may be amended in the future, at the location where the recovered materials and solid waste are generated.
      (3)   Unacceptable materials including, but not limited to, used oil, lead-acid batteries, ash residue, waste tires, biological, or hazardous wastes which require special handling.
      (4)   Materials not specifically defined above in this definition with a known or established recycling capability which have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, and not including materials destined for any use that constitutes disposal. All such materials shall be separated at the site of generation into separate containers for each material that is to be recycled. No materials shall be exempted as solid waste under this definition unless all of the requirements herein have been met and it can be clearly demonstrated that the purpose for the removal of the materials from the solid waste stream is not to evade the other requirements of this chapter. For purposes of this definition, CLEARLY DEMONSTRATED shall include, but not be limited to, documentary corroboration or other tangible proof of actual reuse or sale as a commodity. Any residual materials (that portion not reused or recycled but destined for disposal, including but not limited to recovered screened materials that fail to meet applicable residential standards for clean soil), generated by a recycler within the geographic limits of the city, remain solid waste and shall be disposed of in compliance with applicable law, including, but not limited to, the requirements of this chapter.
   SOLID WASTE DISPOSAL AGREEMENT. The current solid waste disposal agreement by and among the city and Reuter Recycling of Florida, Inc., as amended from time to time, pursuant to the provisions of the solid waste disposal agreement. A copy of the above referenced agreement is available in the Office of the City Clerk.
   SOURCE SEPARATED, as currently defined F.S. § 403.703(36), or as may be amended in the future, means that the recovered materials are separated from solid waste at the location where the recovered materials and solid waste are generated. The term does not require that various types of recovered materials be separated from each other, and recognizes de minimis solid waste, in accordance with industry standards and practices, may be included in the recovered materials. Materials are not considered source separated when two or more types of recovered materials are deposited in combination with each other in a commercial collection container located where the materials are generated and when such materials contain more than 10% solid waste by volume or weight. For purposes of this subsection, the term “various types of recovered materials” means metals, paper, glass, plastic, textiles, and rubber. The term “non-recovered material” includes, but is not limited to, solid waste, dirt, wallboard, rocks, wood, roofing materials and garbage.
   SPECIAL MATERIAL. Those bulky materials or other special wastes that are not stored in standard storage containers and cannot be picked up by a normally used collection vehicle.
   SPECIAL SERVICE FEE. A fee imposed by the city for various public programs pertaining to environmental matters, beautification and cleanup efforts.
   STOCKPILING. The accumulation of construction debris on the ground at the end of the workday. For the purposes of this chapter, workday shall be defined as beginning one-half hour prior to sunrise and concluding one-half hour after sunset.
   TRIPLEX. A detached three- family structure designed or intended for occupancy by three families.
   UNACCEPTABLE MATERIALS. Waste which would likely pose a threat to health or safety or which may cause damage to or materially adversely affect the operation of the facility as determined by the corporation including, but not limited to, (a) hazardous waste, (b) lead-acid batteries, (c) nuclear waste, (d) radioactive waste, (e) sewage sludge, including sewage sludge and septic and cesspool pump outs, (f) explosives, (g) asbestos containing materials, (h) untreated biomedical waste, (i) biological waste, (j) appliances containing chlorofluorocarbons (CFC's), (k) biomedical waste, (l) items of waste that a customer reasonably believes would likely pose a threat to health or safety or the acceptance and disposal of which may cause damage to the designated facility for solid waste or that are prohibited by applicable law, (m) and truckloads of waste delivered which consist predominantly (i.e., in excess of 50% by volume) of items of NON-PROCESSABLE WASTE, in which case the entire load shall be deemed to be UNACCEPTABLE WASTE. UNACCEPTABLE WASTE shall also include any other material not permitted by law or regulation to be disposed of at a landfill unless the landfill is specifically designed, constructed and licensed or permitted to receive the material.
   VEGETATIVE MATERIAL. Accumulation of lawn, grass, or shrubbery cuttings, or clippings and dry leaf rakings, palm fronds, small tree branches, bushes or shrubs, green leaf cuttings, coconuts, fruits, or other matter usually created as refuse in the care of lawns and yards, from domestic households. Vegetative materials are commonly referred to as yard waste or horticultural trash.
(‘58 Code, § 17.01) (Ord. 71-30, passed 6-22-71; Am. Ord. 73-98, passed 9-28-73; Am. Ord. 78-38, passed 3-15-78; Am. Ord. 85-17, passed 1-8-85; Am. Ord. 91-02, passed 10-2-90; Am. Ord. 91-55, passed 6-4-91; Am. Ord. 92-08, passed 11-5-91; Am. Ord. 95-59, passed 4-25-95; Am. Ord. 2005-37, passed 2-8-05; Am. Ord. 2007-37, passed 3-13-07; Am. Ord. 2012-66, passed 9-11-12; Am. Ord. 2016-45, passed 2-23-16; Am. Ord. 2016-79, passed 9-27-16)