For the purpose of this chapter, the following definitions apply:
"Affidavit"means a written statement confirmed by oath or affirmation, for use as evidence in court.
"Animal waste"means any carcass, manure, fertilizer, or any form of solid excrement produced by any and all forms of domestic or commercial livestock such as cattle or horses, but not including household pets.
"Bin"means a detachable solid waste or recyclable materials container used in connection with commercial/industrial premises with a one- to seven-cubic-yard capacity, equipped with a lid, and designed for mechanical pickup by collection vehicles.
"Cart"means a wheeled plastic container with varying capacities of 20, 32, 64, or 96 gallons (or similar sizes as approved by the City Manager) equipped with a hinged lid designed for mechanical pickup by an automated or semi-automated collection vehicle.
"City"means the City of Livermore, a municipal corporation, and all the territory lying within the municipal boundaries of the City as presently existing or as such boundaries may be modified.
"City Council"means the mayor and City Council of the City of Livermore.
"City Manager"means the City Manager of the City of Livermore or the City Manager's designee.
"Commercial occupant"means every tenant or person who is in possession of, or has the care and control of, a place of business.
"Compostable materials"means tree trimmings, grass cuttings, dead plants, leaves, branches and dead trees, food scraps and similar materials that are separated, set aside, handled, packaged or offered for collection by the waste generator in a manner different from solid waste.
"Composting"means a method of treatment in which organic scraps are biologically decomposed under controlled, aerobic or anaerobic conditions to produce a product that can be reused.
"Construction and demolition debris"means used or discarded materials (not including solid waste) removed from premises during construction or renovation of a structure resulting from construction, remodeling, repair or demolition operations on any pavement, house, commercial building, or other structure.
"Container"means a cart, bin, debris box, or other device to contain materials.
"Curbside"means the location for placement of carts by single-family residential customers and some multifamily residential customers, which shall be on the street against the curb. (See LMC §
8.08.040(E) and
(F).)
sometimes known as a "roll-off" or "drop" box, means a wheeled or sledded container or compactor, generally six to 50 cubic yards in size, suitable for the storage and collection of commercial or industrial solid waste or recyclable materials that is serviced by a roll-off truck.
"Designated waste"means nonhazardous waste which may pose special disposal problems because of its potential to contaminate the environment and which may be disposed of only in Class II disposal sites or Class III disposal sites pursuant to a variance issued by the California Department of Health Services pursuant to applicable landfill permits. "Designated waste" consists of those substances classified as designated waste by the state of California, in California Code of Regulations Title 23, Section
2522.
means (1) a physical or mental impairment that substantially limits one or more of the major life activities of an individual; (2) a record of such an impairment; or (3) being regarded as having such an impairment.
"Disposal"means the final disposition of solid waste at a landfill or other facility approved by the City Manager. Disposal does not include the use of compostable materials as alternative daily cover (ADC) so long as City and state regulations consider ADC use of compostable materials as diversion.
"Disposal site"means the solid waste facility or facilities approved by the City Manager for the ultimate disposal of solid waste.
"Diversion requirement"means the diversion by reuse or recycling of a minimum of 50 percent of the total construction and demolition debris generated at a project.
"E-waste"means discarded electronic equipment including, but not limited to, televisions, computer monitors, central processing units (CPUs), laptop computers, computer peripherals (including external hard drives, keyboards, mice, etc.), printers, copiers, facsimile machines, radios, stereos, stereo speakers, VCRs, DVDs, camcorders, microwaves, telephones, cellular telephones, and other electronic devices.
"Fair market value"means the estimate of the market value of a commodity, based on what a knowledgeable, willing, and unpressured buyer would likely pay to a knowledgeable, willing, and unpressured seller in the market.
"Food scraps"means kitchen parings and leftovers including fruit, vegetables, cheese, meat, bones, poultry, seafood, bread, rice, pasta, etc.; coffee grounds, coffee filters and tea bags; food-soiled paper products including napkins, towels, egg cartons and uncoated plates and cups; cut flowers and herbs; other organic matter generated in the preparation or consumption of meals.
"Franchisee"means a person or business who has entered into a franchise agreement with the City Council pursuant to Article III of this chapter for the collection of solid waste, recyclable materials, and compostable materials.
"Hazardous waste"means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the state of California in Health and Safety Code Sections
25110.02,
25114 and
25117 or in future amendments to or recodifications of such statutes, or identified and listed as hazardous waste by the U.S. Environmental Protection Agency, pursuant to the Federal Resource Conservation and Recovery Act (42 USC Section
6901 et seq.), and all future amendments thereto and all rules and regulations promulgated thereunder.
means the on-site recycling of compostable materials generated on residential premises.
"Infectious waste"means biomedical waste generated at hospitals, public or private medical clinics, dental offices, research laboratories, pharmaceutical industries, blood banks, mortuaries, veterinary facilities and other similar establishments that are identified in Health and Safety Code Section
25117.5, or needles generated at residential sites.
means any quantity of solid waste, recyclable materials, or compostable materials which is not placed in a container.
"Materials recovery and processing center"means a permitted solid waste facility where solid wastes, recyclable materials or compostable materials are sorted, separated, screened or otherwise processed by hand or by use of machinery for the purpose of recycling or composting.
"Multifamily"means any residential complex, other than a single-family premises, used for residential purposes, which has centralized solid waste and recyclable materials collection service for all units in the building and may be billed as one address. Some multifamily premises have cart service.
"Occupant"means and includes every tenant or person who is in possession of, is the inhabitant of, or has the care and control of an inhabited residence or a place of business.
"Owner"means the person holding legal title to the land or building.
"Person"means any individual, firm, association, organization, partnership, corporation, business, trust, joint venture, the United States, the state of California, the county of Alameda, and special purpose districts.
"Premises"means any land or building in the City where solid waste, recyclable materials, or compostable materials are generated or accumulated.
"Putrescible waste"means solid wastes originated from living organisms and their metabolic waste products and from petroleum, which contain naturally produced organic compounds and which are biologically decomposable by microbial and fungal action into the constituent compounds of water, carbon dioxide and other simpler organic compounds.
"Recyclable materials"means those nonhazardous residential, commercial, or industrial materials or by-products which are set aside, handled, packaged, or offered for collection in a manner different than solid waste, for the purpose of being reused or processed and then returned to the economic mainstream in the form of commodities. No discarded material shall be considered to be recyclable material unless it is completely separated from solid waste and compostable materials. Recyclable materials may include, but are not limited to, newspaper, mixed paper, glass containers, metal and aluminum cans, plastic bottles, corrugated cardboard, used motor oil, and construction and demolition debris.
"Recycling"means the process of collecting, sorting, cleansing, treating, and reconstituting recyclable materials (as defined above) and returning them to the economic mainstream in the form of raw materials for new, reused or reconstituted products. Recycling does not include transformation as defined in Public Resources Code Section
40201.
means a site occupied by a building zoned for residential occupation or mixed use and residential occupation where solid waste, recyclable materials, or compostable materials are generated or accumulated.
"Single-family"means each unit used for or designated as a single-family premises, including each unit of a duplex, triplex, townhouse or condominium which receives individual solid waste, recyclable materials, and/or compostable materials collection services.
"Solid waste"means all solid, semi-solid and associated liquid wastes, including garbage, trash, refuse, rubbish, ashes, industrial wastes and dewatered, treated or chemically fixed sewage sludge which is not a hazardous material. "Solid waste" does not include the following:
2. Infectious waste, as defined in this chapter;
Special waste, as defined by Title
14, California Code of Regulations, Section 18722(j)(8);
Recyclable materials, as defined in this chapter;
Compostable materials, as defined in this chapter;
Construction and demolition debris, as defined in this chapter, if the material is recycled;
Other material deemed unacceptable by applicable law and/or permit conditions.
"Solid waste"also means the residue from a materials recovery facility.
"Source-separated"means the segregation from solid waste, by the waste generator, of materials designated for separate collection for some form of materials recovery or special handling.
"Transfer station"includes those facilities utilized to receive solid waste, temporarily store, and transfer the solid wastes directly from smaller to larger vehicles for transport.
"Transformed"means incinerated, pyrolyzed, distilled, gasified or biologically converted other than composted.
"Waste generator"means any person, as defined by Section
40170 of the Public Resources Code, whose act or process produces solid waste as defined in Public Resources Code Section
40191, recyclable materials or compostable materials or whose act first causes solid waste to become subject to regulation.
(Ord. 1816 § 2, 2007; Ord. 1910 §§ 1, 2, 3, 2010; Ord. 1978 § 1 (Exh. A), 2013; Ord. 2065 § 1(A), 2018; Ord. 2082 § 1(D), 2019; Ord. 2151 § 3(C), 2023)