(A) The following words, terms and phrases, when used in this chapter shall have the meanings ascribed to them in this section, except where a different meaning is specified:
APC (Automated Plastic Containers) collection service means collection of refuse or recyclable materials in APCs.
Brush bulky service means collection of bulky wastes, not containing garbage, placed in piles at the location designated by the director and in accordance with requirements set by the director.
Bulky waste means large items of solid waste such as ovens, washers, dryers, freezers, water heaters, refrigerators, other household or commercial appliances, furniture, large auto parts, trees, branches, stumps, and other oversize wastes whose large size precludes or complicates their handling by normal solid waste collection, processing, or disposal methods.
Carryout bag means a bag that is provided by a retail establishment at the check stand, cash register, point of sale or other point of departure to a customer for the purpose of transporting food or merchandise out of the establishment. Carryout bags do not include:
(a) bags used by customers inside stores to package bulk items such as fruit, vegetables, nuts, grains, candy, greeting cards, or small hardware items, such as nails and bolts, or to contain or wrap frozen foods, meat or fish, whether prepackaged or not, or to contain or wrap flowers or potted plants, or other items where dampness may be a problem, or to contain unwrapped prepared foods or bakery goods, or to contain prescription drugs, or to safeguard public health and safety during the transportation of prepared take-out foods and prepared liquids intended for consumption away from the retail establishment; or
(b) newspaper bags, door-hanger bags, laundry-dry cleaning bags, or bags sold in packages containing multiple bags intended for use as garbage, pet waste, or yard waste bags.
City means the City of Tucson.
City fuel price means the price the city pays for equipment fuel and shall be adjusted quarterly to the average fuel price over the prior three (3) months.
Collection agency means the person, company, or governmental agency responsible for collection of solid waste from a residential or commercial establishment.
Collection services means services the city provides to collect any type of solid waste from residential and commercial establishments.
Commercial establishment means any building, lot, or complex that is not a residential establishment.
Commercial fees means fees the city charges for front load and roll off collection service to any type of customer, fees for APC collection service to commercial establishments, and fees for any other collection service provided to commercial establishments.
Commercial hauler means a person who transports solid waste to a disposal facility or who collects, transports, or disposes of solid waste for pecuniary or proprietary gain, benefit, or advantage, or who transports solid waste that was generated by any commercial activity, whether the commercial activity occurred on a commercial or residential establishment.
Container means any receptacle built to hold refuse and to be emptied by solid waste collection equipment.
Customer means any person or business entity that receives or utilizes services or programs offered by the department.
Department means the city's environmental services department.
Director means the director of the city's environmental services department, or the director's authorized designee(s).
Disposal facility means any active landfill, inactive landfill, debris fill, transfer station, temporary drop off site for any solid waste, waste storage site, or waste processing facility.
Disposal services means the operation and remediation of city disposal facilities for public use or benefit. Disposal services include landfilling or other processing of waste materials accepted at city disposal facilities.
Dwelling unit means an independent living space with its own permanent provisions for entrance/exit, living, sleeping, eating, cooking and sanitation.
Environmental services fee means the fee or fees charged for standard residential collection services provided to residential establishments.
Front load collection service means collection of solid waste in metal containers emptied with front loading trucks.
Garbage means all animal and vegetable or food wastes resulting from the processing, handling, preparation, cooking or consumption of food or food materials, or other such matter the accumulation of which may create a nuisance or be deleterious to public health or offensive to sight or smell.
Green waste means waste derived from plants, including tree limbs and branches, stumps, grass clippings and other waste plant material. Green waste does not include processed lumber, paper, cardboard and other manufactured products that are derived from plant material.
Guesthouse means a single dwelling unit on a lot with a conventional house.
Household hazardous waste means certain types of solid waste acceptable to the household hazardous waste program and facility in accordance with 40 CFR 261.
Lot means a separate parcel as recorded in county records.
Material recovery facility (MRF) means a lawfully zoned and operated site used for the processing and storage of recyclable materials.
Mobile home means a non-motorized dwelling, transportable in one (1) or more sections, constructed on a permanent chassis with wheels, suitable for year-round residential occupancy and requiring the same method of water supply, waste disposal, and electrical service as a site-built dwelling. This term does not include a recreational vehicle or a trailer with provisions for living.
Mobile home park means five (5) or more mobile homes or active spaces for mobile homes on a lot where each mobile home does not have an individual city water meter.
Multifamily establishment means any real property that has one or more structures and that contains five or more dwelling units for rent or lease that are subject to Arizona Revised Statutes Title 33, Chapter 10, "Arizona Residential Landlord and Tenant Act". This term does not include mobile home parks. This definition is intended to be consistent with "Multifamily residential properties" as defined in Arizona Revised Statutes Section 49-746.
Owner means one (1) or more persons, jointly or severally, in whom is vested all or part of the legal title to property, or all or part of the beneficial ownership of property. By way of illustration, and not limitation, the term includes any person who is a mortgagee in possession, a trustee, a trustor, or a general or limited partner in a partnership.
Person includes a corporation, company, partnership, firm, association, society, or other legal entity, as well as a natural person.
Recreational vehicle park means land that is designated "RV" (Land Use Code, § 2.5.7) with "Traveler's Accommodation" as its principal Permitted Land Use.
Recyclable materials means materials that are diverted from landfill disposal facilities for beneficial use, as part of a public program or private endeavor. The director may list the materials that qualify based on changing markets and practices.
Refuse means solid waste that contains garbage and is suitable for collection with standard containers and municipal waste collection equipment.
Resident means a person that lives in a dwelling unit and controls the generation and placement of solid waste.
Residential establishment means any building, lot, or complex whose primary use is for one (1) or more dwelling units. This term includes any single family residence, any property with four (4) or fewer dwelling units, any mobile home that is not in a mobile home park, or any establishment where the customer has qualified for the environmental services low income program. The term does not include multi- family establishments , mobile home parks, or recreational vehicle parks. The term does not include complexes of twenty-five (25) or more town homes that have front load collection service.
Residential self-hauler means any person delivering refuse or other solid waste to a city- operated solid waste disposal facility who is not a commercial hauler.
Responsible party means an owner, occupant, tenant, lessor, lessee, resident, manager, licensee, or other person, corporation, company, partnership, association or society residing on, owning or having control over a building, lot or complex, or who possesses, handles, stores or disposes of solid waste.
Retail establishment means a business making sales at retail, other than a food service establishment, that owns or controls more than ten thousand (10,000) square feet of total retail space, and has more than two (2) locations within the city limits where twenty-five (25) percent or more of gross sales include medicines and/or any food, drink, confection or condiment sold in pre-packaged form and/or intended to be prepared off the premises.
Roll off collection service means collection of solid waste in metal containers that are loaded onto a truck and transported to a disposal facility to be emptied.
Salvaging means the removal of solid waste from a disposal facility, collection site, collection container, or collection equipment with the permission of the owner or collection agency and in accordance with requirements set by the owner or collection agency.
Scavenging means the removal of solid waste from a disposal facility, collection site, collection container, or collection equipment without the permission of the owner or collection agency, or not in accordance with requirements set by the owner or collection agency.
Single family residence means: (a) a "single family dwelling, detached" as defined in the city land use code, or (b) a "single family dwelling, detached" plus one guesthouse.
Single use plastic bag means any carryout bag made from plastic or any material marketed or labeled as "biodegradable" or "compostable" that is neither intended nor suitable for continuous reuse as a carryout bag or that is less than 0.75 mil thick.
Single use plastic bags per transaction shall be defined as how many single use plastic bags are given to each customer during a single purchase or transaction. For example, if a store gives out one hundred thousand (100,000) bags during a reporting period and has conducted twenty thousand (20,000) transactions the number reported for that quarter will be five (5) bags per transaction.
Single use plastic bag recycling formula shall be defined as tons of single use plastic bag and plastic film collected by the retail establishments single use plastic bag and film plastic recycling collection program multiplied by thirty percent (30%). For example, if the total single use plastic bag and film plastic collected by retail establishments equals one hundred (100) tons, the amount recorded for recycling will be one hundred (100) tons multiplied by three tenths (0.30), or thirty (30) tons.
Small business waste acceptance program means the program and related facilities that accept certain types of solid waste from conditionally exempt small quantity generators in accordance with 40 CFR 261.
Small multifamily establishment means a multifamily establishment with five (5) to twenty-four (24) dwelling units.
Solid waste means discarded materials resulting from common activities in a municipal community. This term includes refuse, garbage, recyclable materials, construction debris, demolition debris, green waste, and food waste.
Standard residential collection services means APC collection service once per week for refuse and recyclable materials, and brush bulky service twice per year. The director may designate the volume collected under standard residential collection service.
Town home means a dwelling unit that is designated for separate ownership on property commonly owned solely by the owners of the separate dwelling units. This term does not include separately owned dwelling units that are operated as a multi-family establishment, however designated. The terms condominium and townhouse have the same meaning.
(B) Words, terms, and phrases used in this chapter and not specifically defined in this section shall have the meaning commonly understood in the solid waste industry.
(Ord. No. 10539, § 1, 6-3-08, eff. 7-1-08; Ord. No. 10642, § 1, 3-24-09, eff. 9-24-09; Ord. No. 10674, § 1, 6-2-09, eff. 7-1-09; Ord. No. 10796, § 1, 5-25-10, eff. 7-1-10; Ord. No. 10895, § 2, 5-17-11, eff. 7-1-11; Ord. No. 11056, § 1, 3-19-13, eff. 7-1-13; Ord. No. 11178, § 1, 6-3-14, eff. 7-4-14; Ord. No. 11272, § 1, 6-9-15, eff. 7-1-15; Ord. No. 11377, § 1, 6-21-16, eff. 7-5-16)