For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this chapter. Words and phrases not ascribed a meaning by this chapter shall have the meanings ascribed by Division 30, Part I, Chapter 2 of the Public Resources Code, Sections 40105-40200, and regulations of the California Integrated Waste Management Board, if defined therein, and if not, to the definitions found in the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C., Sections 6901, et seq. and the regulations implementing RCRA, as they may be amended from time to time.
means the California Integrated Waste Management Act of 1989, codified in part at Public Resources Code, Sections 40000, et seq., as it may be amended from time to time and as implemented by the regulations of the California Integrated Waste Management Board, or its successor.
means those containers provided for commercial (including, but not limited to retail stores, hotels, motels, schools, multi-family units, hospitals, nursing homes and convalescent centers), industrial, construction and other non-residential uses. Bins include solid waste containers with nominal capacities of two, three, four, five or six cubic yards, or larger, compactor bins, compactor boxes and roll-off boxes.
means and includes, but not by way of limitation, large and small household appliances, furniture, carpets, mattresses, white goods, oversized yard waste such as tree trunks and large branches if no larger than two feet (2') in diameter and four feet (4') in length and similar large items discarded by single-family residential service recipients.
means the City of Downey, California, a municipal corporation, and all of the territory lying within the municipal boundaries of the City as presently existing and all geographic areas which may be added or annexed to the City.
means an individual having that title in the employ of the City of Downey or the City Manager's duly authorized representative.
means City-owned receptacles located in public areas for disposal of waste generated by the public in public places, which meet the standards of 14 C.C.R., Chapter 3, Article 9, Sections 17830, et seq., as amended.
means all premises in the City, other than single-family residences, where solid waste is generated or accumulated. The term "Commercial Premises" includes, but is not limited to, multi-family residences using Commercial Bins and not cans or carts for the temporary accumulation of Residential Solid Waste, stores, offices, Federal, state, county and local government facilities, including, but not limited to schools, school district offices, special districts and waster districts (to the extent permitted by law), restaurants, rooming houses, hotels, motels, manufacturing, processing, or assembly shops or plants, and hospitals, clinics, convalescent centers and nursing homes (non-medical waste only).
means all types of solid waste, including Green Waste and Recyclable Solid Waste, but not hazardous waste or medical waste, generated or accumulated at Commercial Premises. The term "Commercial Solid Wastes" does not include Residential Solid Waste from Single-Family Residences.
means discarded building materials, recyclable construction and demolition materials, wood, packaging, plaster, rock or brick, drywall, cement and rubble resulting from construction, remodeling, repair and demolition operations. "Construction and Demolition Waste" does not include asbestos-containing materials or asbestos waste.
means any container, commercial roll-off bin or other similar receptacle used for the accumulation and temporary storage of Construction and Demolition Waste or similar material, and which is emptied by means of special collection equipment.
means any Commercial Bin, Construction Bin, Residential Solid Waste Container, vessel, can or other receptacle used for the temporary accumulation, collection and removal of solid wastes, including, but not limited to, Construction and Demolition Waste, Recyclable Solid Waste or Green Waste.
means a Solid Waste Collector which claims a right to collect solid waste based on "continuation rights" as set forth in Public Resources Code, Section 49520, et seq. or any other law. No inference shall be drawn from this or any other section of this chapter that the City recognizes any such claim or has determined that any solid waste enterprise is or may be eligible for "continuation" or any other rights under the Public Resources Code or other law.
means the right and privilege: (1) to make arrangements for the collection of and to collect, (2) to transport to landfills, transformation facilities or other licensed solid waste management facilities and/or (3) to recycle solid waste collected within the City. Any franchise is subject to any continuation or other rights, if any, held by any other solid waste enterprise pursuant to Public Resources Code, Section 49520, et seq., or other laws granting the right to provide solid waste hauling services in the City.
means the fee or assessment imposed by the City on a solid waste collector because of its status as a solid waste collector and which, inter alia, is intended to offset the City's expenses in administering the Franchise and to compensate the City for damage to its streets, sidewalks, curbs and gutters and other infrastructure resulting from the solid waste collector's exercise of the franchise, the expenses of administering the solid waste program, reporting requirements under the Act and other related expenses.
means any person or other entity which produces or accumulates solid waste.
means leaves, grass clippings, brush, branches and other forms of organic matter generated from landscapes and gardens at residential premises, and incidental pieces of scrap lumber no longer than 24 inches separated from other forms of solid waste. "Green waste" also includes holiday trees. "Green waste" does not include stumps or branches exceeding four inches in diameter or four feet in length, or palm fronds or other materials which are not suitable for composting.
means any and all revenue or compensation in any form derived directly or indirectly by a solid waste collector, its subsidiaries, parent companies, or other affiliates, for the collection, transportation, processing, disposal and other services with respect to solid waste collected within the City of Downey, including recyclable solid wastes and green waste pursuant to a franchise, permit, or license, in accordance with generally accepted principles. "Gross revenues" include, but are not limited to, monthly customer fees for collection of solid waste and recycle solid wastes, special pickup fees, commercial bin and drop box rental and collection fees, fees for redelivery of commercial bins and drop boxes and revenue from the sale of recyclable solid wastes, without subtracting franchise fees or other cost of doing business.
means any substance, waste or mixture of wastes defined as a "hazardous substance" or "hazardous waste" pursuant to the Resource Conservation Recovery Act ("RCRA"), 42 U.S.C., Section 6901, et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C., Section 9601, et seq., the California Health & Safety Code, and all future amendments, or as defined by the California Integrated Waste Management Board, or its successor, and any consumer product with 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.
means a material which has commercial value and which is sold for compensation or donated to an entity other than a solid waste collector or enterprise. Recyclable materials are commodities and not part of the waste stream. Recyclable materials lose their character as recyclable materials upon being disposed of in the waste stream and become solid waste subject to this chapter. If the seller or donor of recyclable material pays the buyer or donee, including any solid waste enterprise, any consideration for collecting, processing, recycling, transporting or disposing of "recyclable material" or for providing consultation or other services which exceed the market price of the "recyclable material," the transaction shall not be regarded as a sale or donation of "recyclable material," but as an arrangement for the disposal of solid waste subject to this chapter.
means a form of solid waste which has been separated by a solid waste service recipient before having been disposed of into the waste stream. "Recyclable solid waste" is a part of the solid waste stream which can be reused or processed into a form suitable for reuse through reprocessing or remanufacture, consistent with the requirements of the Act. The term "recyclable solid waste" includes both mixed recyclables which have been separated from other solid waste and source-separated single-category recycle solid waste. "Recyclable solid waste" does not include those potentially recoverable items which are commingled with non-recyclable solid waste, i.e., commingled non-recyclable solid waste and potentially recyclable solid waste. Nor does "recyclable solid waste" include recyclable material, which is not a part of the waste stream.
means all types of solid waste, including green waste and recyclable solid waste, generated or accumulated at residential premises and placed in residential containers for accumulation and collection. "Residential solid waste" does not include commercial solid waste or recyclable material.
means a container (a trash can, barrel or cart) provided by a service recipient or a solid waste collector and used for the temporary accumulation and collection of single-family residential solid waste. The term "residential solid waste container" does not include a "multi-family residential bin" nor a commercial bin used by commercial solid waste service recipients.
means a person who personally collects and removes solid waste from property owned by that person, with equipment owned or leased by that person, and who personally transports the solid waste to a solid waste facility licensed or permitted to accept such solid waste.
means a detached building, or each unit of a multi-family unit, with kitchen facilities, in which the residents utilize one or more residential solid waste containers, but not bins, for the temporary accumulation of solid waste. The term "residential premises" does not include multi-family units using bins, hotels, motels, rooming houses, hospitals, nursing homes, convalescent centers, dormitories or barracks or other group living places using commercial bins for the temporary accumulation and collection of solid waste.
means a solid waste enterprise which collects solid waste, or which places bins for the temporary accumulation and collection of solid waste, including construction and demolition waste, in the City.
(Added by Ord. 347, adopted 7-8-68; amended by Ord. 367, adopted 7-22-69; Ord. 433, adopted 4-24-73; Ord. 684, adopted 1-26-82; Ord. 813, adopted 2-11-86; Ord. 890, adopted 6-13-89; Ord. 995, adopted 1-24-95; Ord. 1020, adopted 5-28-96)