(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COLLECTION. The act of collecting solid wastes at the place of waste generation by an approved collection agency, public or private, and is distinguished from "removal."
COLLECTION FACILITY. A center for the acceptance by donation, redemption or purchase, of recyclable materials from the public. Such a facility does not use power-driven processing equipment, except as indicated in § 18A.24. COLLECTION FACILITIES may include the following:
(a) Reverse vending machine(s);
(b) Collection facilities which shall occupy an area of not more than 500 square feet and may include:
1. A mobile unit;
2. Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet;
3. Kiosk-type units which may include permanent structures; and
4. Unattended containers placed for the donation of recyclable materials.
FRANCHISE AREA. The area within the city limits of the city on the effective date of the ordinance codified in this chapter, including any federal or state enclaves, and any areas annexed to the city or coming under the city's solid waste management or planning authority after that date.
FRANCHISEE. A firm who has been granted an exclusive franchise to collect solid waste within the city pursuant to the provisions of this chapter.
FRANCHISOR. The city which grants an exclusive franchise to collect solid waste within the city pursuant to the provisions of this chapter.
GARBAGE. All kitchen and table food waste and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of foodstuffs.
GENERATORS. Individuals, businesses and other entities, including the town, that generate solid waste and/or recyclable materials in the franchise area and are customers of franchisee's services hereunder.
GROSS REVENUE. Any and all revenue received from payments for services provided and actually received by the franchisee for the collection and transportation of solid waste pursuant to the franchise agreement, in accordance with generally accepted accounting principles, but excluding revenues from the sale of recyclable materials and recyclable solid waste.
HAZARDOUS WASTE. Any substance, waste or mixture of wastes defined as a HAZARDOUS SUBSTANCE, HAZARDOUS WASTE or HAZARDOUS MATERIAL pursuant to RCRA, CERCLA, and all future amendments to either of them, or as defined by the California Integrated Waste Management Board or California Department of Toxic Substances Control, 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 WASTE shall be construed to have the broader, more encompassing definition.
LITTER. All improperly discarded waste material, including, but not limited to convenience food, beverage and other product packages or containers constructed of steel, aluminum, glass, paper, plastic and other natural and synthetic materials, thrown on or deposited on the lands and waters of the city, but not including the properly discarded waste of the primary processing of agriculture, mining, logging, saw milling or manufacturing.
MOBILE RECYCLING UNIT. An automobile, truck, trailer or van, licensed by the Department of Motor Vehicles, which is used for the collection of recyclable materials. A MOBILE RECYCLING UNIT also means the bins, boxes or container transported by trucks, vans or trailers and used for the collection of recyclable materials.
NUISANCE. Anything which is injurious to human health or is indecent or offensive to the senses and interferes with the comfortable enjoyment of life or property, and affects at the same time an entire community or neighborhood or any considerable number of persons although the extent of annoyance or damage inflicted upon the individual may be unequal and which occurs as a result of the storage, removal, transport, processing or disposal of solid waste.
PREMISES. A tract or parcel of land with or without habitable buildings or appurtenant structures.
PUTRESCIBLE WASTES. Wastes that are capable of being decomposed by micro-organisms with sufficient rapidity as to cause nuisances because of odors, gases or other offensive conditions and includes materials such as food wastes, offal and dead animals.
RECYCLABLE MATERIAL. Reusable material, including but not limited to, metals, glass, plastic, and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. RECYCLABLE MATERIAL does not include refuse or hazardous materials. RECYCLABLE MATERIAL may include used motor oil collected and transported in accordance with California Health and Safety Code §§ 25250.11 and 25143.2(b)(4).
REFUSE. Garbage and rubbish.
REMOVAL. The act of taking solid wastes from the place of waste generation either by an approved collection agent or by a person in control of the premises.
REVERSE VENDING MACHINE.
(a) An automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state. A REVERSE VENDING MACHINE may sort and process containers mechanically, provided that the entire process is enclosed within the machine. In order to accept and
temporarily store all three container types in a proportion commensurate with their relative redemption rates and to meet the requirements of certification as a recycling facility, multiple groupings of reverse vending machines may be necessary.
(b) BULK REVERSE VENDING MACHINE. A reverse vending machine that is larger than 50 square feet, is designed to accept more than one container at a time and will pay by weight instead of by container.
RUBBISH. Non-putrescible solid wastes such as ashes, paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, plastics, rubber byproducts or litter.
SOLID WASTE. All putrescible and non-putrescible refuse, garbage, rubbish, including without limitation RECYCLABLE SOLID WASTE and YARD WASTE, and as otherwise defined in California Public Resources Code § 40191.
SPECIAL WASTE. Those solid wastes which consist of or contain pollutants which, under ambient environmental conditions at a sanitary landfill or other waste management unit, could be released at concentrations in excess of applicable water quality objectives, or which could cause degradation of waters of the state, and which may only be discharged at waste management units that are designated either "Class I" or "Class II" by the California Integrated Waste Management Board, or successor agency.
VECTOR. Any insect or other arthropod, rodent or other animal capable of transmitting the causative agents of human disease or disrupting the normal enjoyment of life by adversely affecting the public health and well being.
(B) LITTER, SOLID WASTE, PROCESSING, RECYCLING and PERSON shall be defined for purposes of this chapter as set forth in state law.
(Ord. 995, passed 1-6-2009)