Appendix 5301. Definitions.

The following words and phrases, for the purpose of this Chapter, are defined and shall be construed as hereunder set out:

Collect or collection. "Collect" or "collection" shall mean the operation of gathering together within the city and/or transporting by means of a motor vehicle or other means, any solid waste or recyclable material.

Collector. "Collector" shall mean any person who has been issued a franchise to provide residential or commercial solid waste collection services in the city, or who has been issued a permit by the city to operate as a solid waste collector for commercial premises, or any person who collects and/or disposes of solid waste within the city.

Commercial business owner. "Commercial business owner" shall mean any person, firm, corporation or other enterprise or organization holding or occupying, singly or with others, commercial premises, whether or not the holder of the title of the commercial premises.

Commercial collector. "Commercial collector" shall mean a collector providing solid waste collection services to commercial premises.

Commercial premises. "Commercial premises" shall mean all occupied real property in the city except residential premises and property occupied by federal, state or local governmental agencies which do not consent to their inclusion, and shall include without limitation, wholesale or retail establishments, restaurants, other food establishments, bars, stores, shops, offices, manufacturing, repair, research and development, professional, services, sports or recreational facilities and construction and demolition sites.

Green waste. "Green waste" shall mean any debris that is composed of organic material or plantlike matter which is a result of seasonal variations, landscape or gardening activities. This waste includes, without limitation, grass clippings, leaves, shrubs, trees, branches, stumps, flowers, plant stalks and wood.

Hazardous waste. "Hazardous waste" shall mean and include waste defined as hazardous by Public Resources Code Section 40141, namely a waste or combination of wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics may do either of the following: (i) cause or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; (ii) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. "Hazardous waste" includes extremely hazardous waste and acutely hazardous waste, and such other waste as may hereafter from time to time be designated as such by the Environmental Protection Agency ("EPA") or other agency of the United States Government, or by the California Legislature or any agency of the State of California empowered by law to classify or designate waste as hazardous, extremely hazardous or acutely hazardous.

Holiday. "Holiday" shall mean:

New Year's Day

Memorial Day

Independence Day

Veteran's Day

Thanksgiving Day

Christmas Day

"Holiday" shall also mean any other day designated as such in a contract between a collector and the labor union serving as the exclusive representative of said collector's employees, provided such holiday is approved by the city council.

Processing. "Processing" means the reduction, separation, recovery and conversion of solid waste.

Public agency. "Public agency" shall mean any governmental agency or department thereof, whether federal, state, or local.

"Recyclable materials" shall mean the following materials generated on or emanating from residential or commercial premises and no longer useful or wanted thereon: glass bottles and jars any food or beverage container (excluding ceramics and chemical containers); Aluminum cans, foil, pie tins and similar items (excluding dirt or organic material); steel or bi-metal cans not to exceed one-gallon size; PET plastic soda bottles or other bottles with the designated "PET" symbol; HDPE—plastic milk and water bottles with the designated "PET" symbol (excluding detergent or bleach bottles and other plastic products); newspaper; cardboard separated and not having waxed surfaces; computer print out (excluding carbon); and white ledger—white bond paper, office paper, white envelopes (excluding coated paper); and such additional materials as the city council may designate from time to time.

Recycling. "Recycling" means 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 material 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 Public Resources Code Section 40201.

Residential collector. "Residential collector" means the collector who collects solid waste from residential premises under a franchise awarded by the city council.

Residential householder. "Residential householder" shall mean any person holding and/or occupying residential premises, whether or not the owner, singly or with his or her family, in the city.

Residential owner. "Residential owner" shall mean the owner of any residential premises within the city.

Residential premises. "Residential premises" shall mean all residential property within the city, except residential properties where the waste is collected in standard commercial solid waste containers.

Residual materials. "Residual materials" shall mean that portion of the recyclable residential and commercial collections that remains after all recyclables have been removed, and which must be disposed of at a permitted landfill, incinerator or disposal facility.

Solid waste. "Solid waste" mean all putrescible and nonputrescible solid and semisolid wastes, generated in or upon, related to the occupancy of, remaining in or emanating from residential premises or commercial premises, including garbage, trash, recyclable materials, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, and other solid and semisolid wastes, as defined in Public Resources Code Section 49503, excluding liquid wastes and abandoned vehicles; provided however, that "solid waste" shall not include hazardous waste. Notwithstanding the foregoing, residential solid waste shall not include items greater than four (4) feet in length, eighteen (18) inches in diameter, or more than sixty (60) pounds in weight.

Solid waste container. "Solid waste container" shall mean any vessel, tank, receptacle, box or bin used or intended to be used for the purpose of holding solid waste for collection.

Standard commercial solid waste container. "Standard commercial solid waste container" shall mean a state-of-the-art bin or refuse container used in connection with commercial premises with a two-, three-, four-, six- or eight-cubic-yard capacity, designed for mechanical pick-up by collection vehicles and equipped with a lid, or where appropriate for the commercial premises being served, a fifteen-, twenty-five- or forty-cubic-yard roll-off body or compactor, and shall include other types of containers suitable for the storage and collection of commercial solid waste if approved in writing by the city manager.

Standard residential solid waste container. "Standard residential solid waste container" shall mean a container made of metal, hard rubber or plastic with a capacity of from thirty (30) to one hundred ten (110) gallons.

(Ord. No. 209, § 1, 4-8-92; Ord. No. 256, § 1, 12-20-95)