§ 11.01.010. Definitions.

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

Act means the California Integrated Waste Management Act of 1989, Public Resources Code § 4000 et seq., as it now exists or may subsequently be amended.

Authorized collector or collector means any person who has been issued a collector agreement to provide solid waste and/or recyclable materials collection services in the City.

City employee means an employee or authorized agent of the City.

City Manager means the City Manager, or the Manager's designee.

Collection means the operation of gathering together and/or transporting by means of a motor vehicle any classification of solid waste or recyclables within the City.

Collector agreement means an agreement to collect or dispose of solid waste or recyclables in the City entered into pursuant to Section 11.01.100.

Construction/demolition waste means construction and demolition debris, including concrete, brick, wood and other rubble and debris resulting from construction and demolition of buildings and other improvements.

Container means the toters, carts, cans, bins, roll-offs, plastic bags or other custom containers that the authorized collector provides for the purpose of holding solid waste or recyclable materials for collection.

Designated collection location means the place where the residential householder shall place, and from where the collector is to collect, solid waste and recyclables in containers designated for that purpose.

Disposal means the complete operation of treating and/or disposing of solid waste after the collection thereof.

Garbage means all discarded food, offal, and animal and vegetable waste not fit for human consumption resulting from the preparation of food. The term "garbage" shall not include market refuse or rendering waste.

Green waste means leaves, grass clippings, brush, branches and other forms of organic materials generated from landscapes or gardens, separated from other solid waste.

Hazardous waste means and includes waste defined as hazardous by Public Resources Code § 40141 as it now exists or may subsequently be amended; namely, a waste or combination of wastes, which, because of its infectious characteristics, may do either of the following: cause or significantly contribute to, and increase in mortality or an increase in serious, irreversible, or incapacitating reversible illness; or pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. The term "hazardous waste" includes extremely hazardous waste and acutely hazardous waste, and any other waste as may hereafter from time to time be designated as hazardous by the Environmental Protection Agency (EPA) or other agency of the United States government empowered by law to classify or designate waste as hazardous, extremely hazardous or acutely hazardous. The term "hazardous waste" shall not include hazardous wastes generated in small quantities at residential premises. The term "hazardous waste" shall include the following:

(1)

"Hazardous waste" pursuant to Public Resources Code § 40141; regulated under Chapter 8 (commencing with Health and Safety Code § 114960) of Division 104 of the Health and Safety Code; all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by Health and Safety Code §§ 25110.02, 25115 and 25117 (the California Hazardous Waste Control Act), Health and Safety Code § 25100 et seq., and future amendments to or recodification of such statutes or regulation promulgated thereunder, including the California Code of Regulations;

(2)

Materials regulated under the Resource Conservation and Recovery Act, 42 USC 6901 et seq., as amended, including, but not limited to, amendments thereto made by the Solid Waste Disposal Act Amendments of 1980, and related Federal, State and local laws and regulations;

(3)

Materials regulated under the Toxic Substances Control Act, 15 USC 2601 et seq., as amended, and related federal, State and local laws and regulations, including the California Toxic Substances Account Act, California Health and Safety Code § 25300 et seq.;

(4)

Materials regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 USC 9601 et seq., as amended, and regulations promulgated thereunder;

(5)

Materials regulated under any future additional or substitute Federal, State or local laws and regulations pertaining to the identification, transportation, treatment, storage or disposal of toxic substances or hazardous waste.

Manure means the waste droppings from any herbivorous animal.

Miscellaneous debris means any and all trash, rubbish debris or other abandoned or discarded material not otherwise defined as rubbish, garbage, market refuse, rendering waste, or manure.

Officer means the president, vice-president, treasurer or other duly designated representative of a collector.

Person includes, without limitation, any individual, firm, co-partnership, general partnership, limited partnership, joint venture, association, entity, corporation, or any other group or combination thereof acting as a unit.

Public agency means any governmental agency or department thereof, whether Federal, State, or local.

Recyclable materials means materials suitable for recycling, as the City Council may designate from time to time.

Recycling means the process of collecting, sorting, cleaning, 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 § 40201.

Residential householder means any person holding and occupying residential premises, whether or not the owner, singly or with their family, residing within the territorial limits of the City.

Residential premises means any residential property in the City.

Rendering waste means dead animals, hides, fat, or bones of animals, grease, meat scraps, and other similar materials being collected or transported to a rendering plant for processing.

Rubbish means and includes without limitation the following items: all waste and refuse capable of burning readily, including straw, packing materials, leather, rubber, clothing, bedding, books, rags and all other similar articles which will burn by contract with flames or ordinary temperature; and ashes, crockery, china, pottery, metal wire and other similar materials which are rejected by the owner or producer thereof.

Solid waste means all putrescible and nonputrescible solid and semi-solid wastes, generated in or upon, related to the occupancy of, remaining in or emanating from residential premises including garbage, trash, refuse, paper, rubbish, ashes, demolition and construction wastes, discarded home appliances, manure, vegetable or animal solid or semi-solid wastes, and other solid and semi-solid wastes, as defined in Public Resources Code § 49503, excluding liquid wastes and abandoned vehicles. The term "solid waste" does not include the following:

(1)

Agricultural wastes comprised of animal wastes;

(2)

Asbestos, including friable materials that can be crumbled with pressure and are therefore likely to emit fibers, being a naturally occurring family of carcinogenic fibrous mineral substances, which may be a hazardous waste if it contains more than one percent asbestos;

(3)

Ash residue from the incineration of solid wastes, including municipal waste, infectious waste described in Subsection (8) of this definition, wood waste, sludge, and agricultural wastes described in Subsection (1) of this definition;

(4)

Auto shredder "fluff" consisting of upholstery, paint, plastics, and other non-metallic substances which remain after the shredding of automobiles;

(5)

Large dead animals;

(6)

Hazardous wastes, explosives, ordnance, highly flammable substances and noxious materials;

(7)

Industrial solid or semi-solid wastes resulting from industrial processes and manufacturing operations, including cement kiln dust, ore process residues and grit or screening removed from a wastewater treatment facility;

(8)

Infectious wastes which have disease transmission potential and are classified as hazardous wastes by the State Department of Health Services, including pathological and surgical wastes, medical clinic wastes, wastes from biological laboratories, syringes, needles, blades, tubings, bottles, drugs, patient care items such as linen or personal or food service items from contaminated areas, chemicals, personal hygiene wastes, and carcasses used for medical purposes or with known infectious diseases;

(9)

Liquid wastes which are not spadeable, usually containing less than 50 percent solids, including cannery and food processing wastes, landfill leachate and gas condensate, boiler blowdown water, grease trap pumpings, oil and geothermal field wastes, septic tank pumpings, rendering plant byproducts, sewage sludge, and those liquid wastes which may be hazardous wastes;

(10)

Radioactive wastes under Chapter 8 (commencing with Health and Safety Code § 114960) of Division 104 of the Health and Safety Code and any waste that contains a radioactive material, the storage or disposal of which is subject to any other State or Federal regulation;

(11)

Sewer sludge comprised of human (not industrial) residue, excluding grit or screenings, removed from a wastewater treatment facility or septic tank, whether in a dry or semi-dry form;

(12)

Special wastes designed from time to time by the California Integrated Waste Management Board, including contaminated soil.

Solid waste enterprise means any individual, partnership, joint venture, unincorporated private organization, or private corporation regularly engaged in the business of providing solid waste handling services.

Transportation means the process of moving solid waste through the City by means of a motor vehicle.

Waste disposal facility means any landfill, transfer station, incinerator, land reclamation project, recycling facility, or other similar site or facility which is used for or intended to be used for the transfer, consolidation, processing or disposal of solid waste or recyclables.

(Prior Code, § 5100)