Terms used or referred to herein in this chapter shall be defined as follows and not transferable to other sections:
shall mean Recyclable Materials, Organic Materials, Garbage, C&D, Excluded Waste, Bulky Items, or other materials which have been abandoned, littered, or illegally dumped in the public right of way or on public or DISTRICT property.
shall mean the Organic Waste Recycling Act of 2014 (Chapter 727, Statutes of 2014 modifying Division 30 of the California Public Resources Code), also commonly referred to as “AB 1826,” as amended, supplemented, superseded, and replaced from time to time.
shall mean the California Jobs and Recycling Act of 2011 (Chapter 476, Statutes of 2011 [Chesbro, AB 341]), also commonly referred to as “AB 341”, as amended, supplemented, superseded, and replaced from time to time.
shall mean the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code), also commonly referred to as “AB 939,” as amended, supplemented, superseded, and replaced from time to time.
shall mean all businesses (including corporations, limited and general partnerships and sole proprietorships) which are directly or indirectly related to contractor by virtue of direct or indirect Ownership interest or common management. They shall be deemed to be “Affiliated with” contractor and included within the term “Affiliates” as used herein. An Affiliate shall include: (1) a business in which contractor has a direct or indirect Ownership interest, (2) a business, which has a direct or indirect Ownership interest in contractor and/or (3) a business, which is also Owned, controlled or managed by any business or individual which has a direct or indirect Ownership interest in contractor. For the purposes of this definition, “Ownership” shall mean ownership as defined in the constructive ownership provisions of Section 318(a) of the Internal Revenue Code of 1986, as in effect on the Effective Date, provided that 10 percent shall be substituted for 50 percent in Section 318(a)(2)(C) and in Section 318(a)(3)(C) thereof; and Section 318(a)(5)(C) shall be disregarded. For purposes of determining ownership under this paragraph and constructive or indirect ownership under Section 318(a), ownership interest of less than 10 percent shall be disregarded, and percentage interests shall be determined on the basis of the percentage of voting interest of value which the ownership interest represents.
shall mean the written document, including all exhibits, and any future amendments hereto, between District and contractor governing the provision of collection services.
shall mean Alameda County Waste Management Authority Ordinance No. 2012-1 adopted on January 25, 2012, as amended, supplemented, superseded, and replaced from time to time, and sunset by Alameda County Waste Management Authority Ordinance No. 2021-02 on December 30, 2021.
also known as Organics Reduction and Recycling Ordinance (ORRO). This Ordinance repeals WMA Ordinance 2012-1 (An Ordinance Requiring Actions to Reduce Landfilling of Recyclable and Organic Solid Wastes from Businesses, Multifamily Residences, and Self-Haulers) in its entirety in order to provide a single and comprehensive framework to achieve its purposes and comply with various state laws, including SB 1383.
shall mean disposal facility cover material, other than compostable material and at least six inches of earthen material, placed on the surface of the active face of the garbage fill area at the end of each operating day to control vectors, fires, odor, blowing litter and scavenging, as defined in Section 20164 of the California Code of Regulations.
shall mean all Federal, State, County, and local laws, regulations, rules, orders, judgments, degrees, permits, approvals, or other requirement of any governmental agency having jurisdiction over the Collection, Transportation, and Processing of Recyclable Materials, Organic Materials, Garbage, and C&D that are in force on the Effective Date and as may be enacted, issued or amended during the recurrent franchise agreement with ACI. Applicable Law includes, but is in no way limited to, AB 939, AB 341, AB 1826, SB 1383, Alameda County Waste Management Authority Ordinance No. 2021-02, and the Alameda County Mandatory Recycling Ordinance.
shall mean any one of or any combination of the: Approved Back-up C&D Processing Facility; Approved Back-up Organic Materials Processing Facility; or Approved Back-up Recyclable Materials Processing Facility.
shall mean the Zanker Recycling Facility located in San Jose, CA which is owned and operated by Zanker Road Resource Management.
shall mean the ACI Transfer Facility, which is owned and operated by Alameda County Industries, LLC.
shall mean the Tri-CED Community Recycling Facility located in Union City, CA which is owned and operated by Tri-CED Community Recycling.
shall mean the Davis Street Transfer Station, which is owned and operated by Waste Management.
shall mean any one of or any combination of the: Approved C&D Processing Facility; Approved Mixed Waste Processing Facility; Approved Organic Materials Processing Facility; Approved Recyclable Materials Processing Facility; Approved Reusable Materials Processing Facility; Approved Transfer Facility; Approved Back-up Facilities; and/or Designated Disposal Facility.
shall mean the ACI MRF, which is owned and operated by Alameda County Industries, LLC.
shall mean the City of Napa Materials Diversion Facility, which is owned by City of Napa.
shall mean any one of or any combination of the: Approved C&D Processing Facility; Approved Mixed Waste Processing Facility; Approved Organic Materials Processing Facility; Approved Recyclable Materials Processing Facility; Approved Reusable Materials Processing Facility; and/or, Approved Transfer Facility.
shall mean the ACI MRF which is owned and operated by Alameda County Industries, LLC.
shall mean the ACI Bulky Item Storage and Sorting Operation, which is owned and operated by Alameda County Industries, Inc.
shall mean the ACI Transfer Facility, which is owned and operated by Alameda County Industries, Inc.
shall mean a Container with capacity of approximately one to seven cubic yards, with a hinged lid, and with wheels (where appropriate), that is serviced by a front end-loading Collection vehicle.
shall mean the Board of Directors of the Castro Valley Sanitary District.
shall mean discarded appliances (including refrigerators), furniture, tires, carpets, mattresses, E-Waste, and similar large items which can be handled by two people, weigh no more than 200 pounds, and require special Collection due to their size or nature, but can be Collected without the assistance of special loading equipment (such as forklifts or cranes) and without violating vehicle load limits. Bulky Items must be generated by the Customer and at the service address wherein the Bulky Items are Collected. Bulky Items do not include abandoned automobiles, large auto parts, trees, Construction and Demolition Debris, or items herein defined as Excluded Waste.
shall mean days during which the DISTRICT Offices are open to do business with the public.
shall mean Public Resources Code Section 40000 et seq.
shall mean an area in unincorporated Alameda County to the northeast, east, and southeast of Castro Valley that was annexed into the Castro Valley Sanitary District (the District) on July 9, 2015, by the Alameda Local Agency Formation Commission for the purposes of the District providing limited solid waste services only, and not wastewater or sewer within the Canyonlands area. No section of this Code pertaining to wastewater or sewer is applicable to the Canyonlands. Certain sections of this Code pertaining to collection services, recyclables, compostables, Bulky and Reuse pickup, and curbside pickup are unique to or exclude the Canyonlands and are provided for elsewhere in the ordinance codified in this section or by District policy.
shall mean the 20-, 32-, 64- or 96-gallon containers provided by the contractor, equipped with wheels and lids, which shall be placed in a centralized solid waste handling location for accumulation of solid waste by business customers and multifamily residential units and at street curbside by occupants of single-family residential units for collection by the contractor.
shall mean that point or points on multi-family residential property where residents of such units deposit their solid waste in large containers for collection by the contractor.
shall mean the adoption, promulgation, or modification of any enforceable Federal, State or local rule, law, regulation, ordinance, permit or administrative agency guidelines duly adopted and promulgated officially in writing for uniform application occurring after the effective date of the current franchise agreement with ACI, if such change in law has a material adverse effect on the rights or obligations of any party to the franchise agreement and could not be reasonably predicted or provided for. “Change in law” does not include changes initiated by contractor. “Change in law” does not include any change relating to:
Taxation of income of contractor; or
The failure of contractor to comply with any legal requirement imposed by any governmental agency having or contending to have jurisdiction. In no event shall any change in law relieve contractor, its insurance company and/or its guarantor from its liability to indemnify District from any and/or all expenses of any nature whatsoever for closure/post-closure. Notwithstanding the foregoing and for purposes of clarification, contractor or District may apply for rate increases or decreases based on a change in law as defined herein affecting any costs including but not limited to those directly related to closure/post-closure activities concerning solid waste of District placed in landfill of contractor after the effective date of such change in law. As a result of either prior agreements between contractor and District, and/or as a result of the franchise agreement or the disposal agreement signed in conjunction with the agreement; provided, that District has fully performed, District cannot be required or obligated to contribute additional funds to closure/postclosure activities concerning municipal solid waste of District or the solid waste of any other agency or entity or individual placed in the landfill of contractor prior to the effective date of a change in law, except that the effective date shall be replaced by the date District is advised in writing by contractor of such change in law in the event such written notification is received by District more than 90 calendar days after the effective date of the change in law. It is understood that closure/post-closure is a series of events which are required, or otherwise performed, either during the operation or after closure of a landfill, or portion of a landfill, to comply with the terms of an approved closure/post-closure plan, or amendments thereto, as the result of legislation, rule, regulation, court decision or good engineering practices. Notwithstanding any other provisions of this definition, “change in law” shall not include such changes enacted or adopted prior to the effective date of the franchise agreement but which do not take effect until after the date of the agreement.
shall mean the act of collecting Recyclable Materials, Organic Materials, Garbage, C&D, Bulky Items, and other material at the place of generation in District.
shall mean SFD collection services, MFD collection services, business collection services, District collection services and construction and demolition collection service.
shall mean the date specified in Section 2.1 of the current franchise agreement with ACI when Collection, Transportation, Processing, and Composting services required by this agreement shall be provided.
shall mean of, from or pertaining to non-Residential Premises where business activity is conducted, including, but not limited to, retail sales, services, wholesale operations, manufacturing, governmental, religious, educational facilities, and industrial operations, but excluding businesses conducted upon Residential property which are permitted under applicable zoning regulations and are not the primary use of the property. Construction and demolition contractors shall be considered Commercial Generators regardless of the zoning of the property where construction and demolition are undertaken.
shall mean a mechanical apparatus that compresses materials together with the container that holds the compressed materials or the container that holds the compressed materials if it is detached from the mechanical compaction apparatus. Compactors include two to eight cubic yard bin compactors serviced by front-end loader collection vehicles and 10 to 50 cubic yard drop box compactors serviced by roll-off collection vehicles. The Contractor is not required to provide compactors. All compactors shall be customer-owned, or separately leased by customers. The Contractor shall not be responsible for providing compactors to customers.
shall mean food waste, yard trimmings, soiled paper, manure and feces from vegetarian animals, unflocked holiday trees, and those materials designated from time to time in District legislation for collection and recycling under the agreement which are segregated from municipal solid waste at the source of generation by the customer and set out for collection.
includes a controlled biological decomposition of Organic Materials yielding a safe and nuisance free compost product.
shall mean and includes discarded building materials, packaging, debris, and rubble resulting from construction, alteration, remodeling, repair or demolition operations on any pavements, excavation projects, houses, commercial buildings, or other structures, excluding excluded waste. Construction and demolition debris includes rocks, soils, tree remains and other yard trimmings which results from land clearing or land development operations in preparation for construction.
shall mean any facility designated by contractor and approved by the District for the receipt, storage, and processing of construction and demolition debris.
means bins, carts, compactors, and drop boxes.
shall mean the fee paid by contractor to district as described in Section 7.1 of the current franchise agreement with ACI.
shall mean Alameda County Industries CV Inc., organized and operating under the laws of the State operating through its officers, directors, employees, agents, companies, related-parties, affiliates, subsidiaries, and Subcontractors.
shall mean the monetary compensation received by contractor in return for providing services in accordance with the current franchise agreement with ACI as described in Article 8.
shall mean a wheeled vehicle used by contractor to collect bulky items or construction and demolition debris, the aggregate weight of which material is not more than 1,000 pounds.
shall mean the proposal submitted to District by contractor on December 8, 2017, for provision of collection and processing services and certain supplemental written materials, which are included as Exhibit G to the franchise agreement and are incorporated by reference.
shall mean the location of a collection container for pick-up, where such container is placed on the street or alley against the face of the curb, or where no curb exists, the container is placed not more than five feet from the outside edge of the street or alley nearest the property’s entrance.
shall mean a generator of municipal solid waste, recyclables, compostable materials, or construction and demolition debris within the District’s jurisdiction including homeowners, managers or owners or occupants of rental single-family or multifamily dwellings, and business representatives. District residents who obtain a garbage exemption from the District based on criteria on the garbage exemption form shall not receive garbage (municipal solid waste) collection services.
shall mean the customer’s sector category including, but not limited to, Single-Family, Multi-Family, Commercial, C&D, Drop Box, and DISTRICT.
shall mean the Davis Street Resource Recovery Complex and Transfer Station located at 2615 Davis Street, San Leandro, CA, which is owned and operated by Waste Management of Alameda County. The designated disposal facility shall serve as the disposal site for all garbage collected by contractor (excluding processing residue).
shall mean non-hazardous 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. Designated waste consists of those substances classified as designated waste by the State, in California Code of Regulations Title 23, Section 2522 as may be amended from time to time.
as used in this chapter shall mean the relinquishment of ownership after use by the delivery to a disposal facility, the abandonment in a public place, or the placement in or next to a container that is regularly emptied for disposal at the place of collection, recycling, or other processing, or unacceptable waste, except items that must be handled as hazardous, biohazardous, biological, toxic or infectious waste in accordance with rules and regulations of the Alameda County Environmental Health Department.
shall mean the final disposition of garbage at a disposal site.
shall mean the entity who has obtained from the District an agreement to provide disposal services.
shall mean a facility for ultimate disposal of garbage.
shall mean the Castro Valley Sanitary District and all the territory lying within its boundaries as presently existing or as such boundaries may be modified during the Term of the current franchise agreement with ACI.
shall mean District’s Zero Waste Supervisor (or designee), who is responsible for the administrative management of the current franchise agreement. The District’s General Manager or Zero Waste Supervisor shall have the authority to designate a designee.
shall mean all fees payable to the District, identified and referenced in Article 7 of the current franchise agreement with ACI.
shall mean the District’s offices on Center Street and any subsequent administration or corporation sites created during the term of the current franchise agreement with ACI.
shall mean activities which reduce or eliminate the amount of solid waste to be disposed including, but not limited to, reuse, recycling, and composting.
shall mean an open-top container with a capacity of 10 to 40 cubic yards that is serviced by a roll-off collection vehicle.
shall mean any individual living unit in a single-family dwelling (SFD) or multi-family dwelling (MFD) structure or building, a mobile home, or a motor home located on a permanent site intended for, or capable of being utilized for, residential living other than a hotel or motel.
shall mean the date on which the latter of the two parties signs the current franchise agreement with ACI.
shall mean hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, biomedical, infectious, biohazardous, and toxic substances or material, waste that contractor reasonably believes would, as a result of or upon disposal, be a violation of local, State or Federal law, regulation or ordinance, including land use restrictions or conditions, waste that cannot be disposed of in Class III landfills, waste that in contractor’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose contractor or District to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in residential solid waste after implementation of programs for the safe collection, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded waste does not include used motor oil and filters, or household batteries when properly placed for collection by contractor as set forth in the current franchise agreement with ACI.
shall mean when a customer is excluded from participation in a program or service. A customer who is granted a curbside exemption is excluded from participation in curbside collection services and receives backyard/side yard services for the same cost as curbside collection. A customer who is granted a garbage exemption is excluded from participation in garbage or municipal solid waste services and receives recycling and compostables services at a reduced rate for weekly service.
shall mean tags approved by District and provided by the Contractor which may be purchased by residents and affixed to a bag provided by residents for the collection of garbage overages.
shall mean discarded electronic equipment including, but not limited to, televisions, computer monitors, central processing units (CPUs), laptop computers, computer peripherals (including external hard drives, keyboards, scanners, and mice), printers, copiers, facsimile machines, radios, stereos, stereo speakers, VCRs, DVDs, camcorders, microwaves, telephones, cellular telephones, and other electronic devices. Some E-Waste or components thereof may be hazardous waste or include hazardous substances and thus require special handling, processing, or disposal.
shall mean belonging to or pertaining to the government of the United States of America.
shall mean any wheeled vehicle that does not rely on a drop box or other detachable container to collect, contain, and transport material. Dump trucks shall be considered fixed body vehicles.
shall mean solid waste that will decompose and/or putrefy including: (1) all kitchen and table food waste; (2) animal or vegetable waste that is generated during or results from the storage, preparation, cooking or handling of food stuffs; (3) discarded paper that is contaminated with food scraps; (4) fruit waste, grain waste, dairy waste, meat, and fish waste; (5) non-recyclable paper or contaminated paper; and, (6) vegetable trimmings, houseplant trimmings and other compostable organic waste common to the occupancy of residential dwellings. Food scraps are a subset of organic materials. Food scraps exclude fats, oils, and grease, when such materials are source separated from other food scraps.
shall mean solid waste as defined in California Public Resources Code, Division 30, Part 1, Chapter 2, § 40191 and regulations promulgated hereunder. Excluded from the definition of garbage are excluded waste, C&D, source separated recyclable materials, source separated organic materials, and radioactive waste. Notwithstanding any provision to the contrary, garbage may include de minimis volumes or concentrations of waste of a type and amount normally found in residential garbage after implementation of programs for the safe collection, recycling, treatment, and disposal of household hazardous waste in compliance with Section 41500 and 41802 of the California Public Resources Code as may be amended from time to time. Garbage includes salvageable materials only when such materials are included for collection in a garbage container not source separated from garbage at the site of generation.
shall mean any person whose act or process produces solid waste as defined in the Public Resources Code, or whose act first causes solid waste, as defined herein, to become subject to regulation.
shall mean untreated and unpainted wood, pruning, brush, leaves, or grass clippings and such other types of waste resulting from normal yard and landscaping maintenance that may be specified in District legislation for collection and processing as compostable materials under the agreement. Green waste must be generated by the customer and at the service address wherein the green waste is collected, segregated from municipal solid waste at the source of generation and set out by the customer for collection. Green waste does not include items herein defined as unacceptable waste.
shall mean total cash receipts collected from customers by the contractor for the provision of services pursuant to the current franchise agreement with ACI, without any deductions. Gross receipts do not include revenues from the sale of recyclable materials.
shall mean any of the following: (1) any substances defined, regulated or listed (directly or by reference) as “hazardous substances”, “hazardous materials”, “hazardous wastes”, “toxic waste”, “pollutant” or “toxic substances” or similarly identified as hazardous to human health or the environment, in or pursuant to: (A) the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, 42 USC § 9601 et seq. (CERCLA); (B) the Hazardous Materials Transportation Act, 49 USC § 1802, et seq.; (C) the Resource Conservation and Recovery Act, 42 USC § 6901 et seq.; (D) the Clean Water Act, 33 USC § 1251 et seq.; (E) California Health and Safety Code §§ 25115-25117, 25249.8, 25281, and 25316; (F) the Clean Air Act, 42 USC § 7901 et seq.; and, (G) California Water Code § 13050; (2) any amendments, rules or regulations promulgated thereunder to such enumerated statutes or acts currently existing or hereafter enacted; and, (3) any other hazardous or toxic substance, material, chemical, waste or pollutant identified as hazardous or toxic or regulated under any other applicable law currently existing or hereinafter enacted, including, without limitation, friable asbestos, polychlorinated biphenyl’s (PCBs), petroleum, natural gas, and synthetic fuel products, and by-products.
shall mean all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the State in Health and Safety Code § 25110.02, § 25115, and § 25117 or in the future amendments to or recodifications of such statutes or identified and listed as hazardous waste by the U.S. Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC § 6901 et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder.
are defined as New Year’s Day, Thanksgiving Day, and Christmas Day.
shall mean the process by which individual residents convert compostable materials generated on their own premises into a soil amendment which is then used on the premises.
shall mean hazardous waste generated at residential premises within the District. HHW includes: paint, stain, varnish, thinner, adhesives, auto products such as old fuel, used motor oil, used oil filter, batteries, household batteries, fluorescent bulbs, tubes, cleaners and sprays, pesticides, fertilizers and other garden products, needles, syringes, and lancets.
shall mean 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 as may be amended from time to time.
shall mean the amounts due by contractor for failure to meet specific quantifiable standards of performance as described in Section 10.6 and Exhibit F of the current franchise agreement with ACI.
shall mean the requirement for all multi-family dwellings and all commercial units to subscribe to weekly recycling and organics collection service from contractor that is sufficient as described hereinafter in this chapter and in Alameda County Ordinance No. 2021-02.
shall mean C&D materials which have not been source separated into homogeneous material streams of like materials, and which require sorting and processing prior to recycling.
shall mean a pre-prepared and standardized collection of useful items to be given by property managers or owners of multi-family premises to new multi-family tenants upon move-in to a multi-family dwelling unit. At a minimum, move-in kits shall include a multi-family recycling guide, a personal recycling bin, and stickers or refrigerator-magnets that clearly define the accepted and prohibited materials in the recycling program.
shall mean the mechanical process of converting organic matter into a soil cover or amendment through sorting, grinding or chipping, and screening.
shall mean any residential premises, other than a single-family premises, with five or more dwelling units used for residential purposes (regardless of whether residence therein is temporary or permanent), other than a hotel or motel, including such premises when combined in the same building with commercial establishments, that receive centralized collection service for all units on the premises which are billed to one customer at one address. Customers residing in apartments, townhomes, flats, mobile homes, condominiums, or other structures with five or more dwelling units who elect to receive individual service and are billed separately shall not be considered multi-family unless and until that customer elects to receive combined service and/or billing.
shall mean:
except as provided below shall mean all “solid waste” as defined in California Public Resources Code Section 40191, as that section may be amended from time to time, which is generated within the District. “Municipal solid waste” shall mean all putrescible and non-putrescible solid, semi-solid and liquid wastes, including garbage, trash, refuse, paper, rubbish, cool ashes, industrial wastes, bulky goods, brown goods, dewatered, treated or chemically fixed wastewater sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded wastes, but does not include abandoned vehicles, hazardous waste or other unacceptable waste. Municipal solid waste may include recyclables, compostable materials, and construction and demolition debris if such materials are not source separated from MSW at the site of generation or collected for recycling, composting, processing, and marketing.
shall mean a District-approved form developed by contractor and provided at contractor’s cost at least two inches by six inches in size, on which contractor has provided contractor’s phone number and indicated the reasons for contractor’s refusal to collect material, giving reference to the section of District legislation or to the section of the current franchise agreement with ACI which has been violated, and which gives grounds for contractor’s refusal either in writing or by means of a check system.
shall mean the person who occupies a premises.
shall mean those yard trimmings, food scraps, soiled paper (including facial tissues, paper towels, napkins, waxed paper, paper plates and cups, to-go containers, food-service wrappers, pizza boxes, cardboard boxes, shredded paper, paper cartons [such as those used for milk or ice cream] etc.; excluding aseptic containers and paper soiled by blood, urine, and/or feces), compostable serve-ware and bags, pet hair and fur, vegetarian animal feces, and those materials designated from time to time in District, County, or State legislation for collection and recycling under the current franchise agreement with ACI and which are specifically accepted at the approved organic materials processing facility. No discarded material shall be considered to be organic materials, however, unless it is separated from recyclable materials and garbage.
has the same meaning as defined in Alameda County Waste Management Authority Ordinance 2021-02.
shall mean an amount of municipal solid waste in excess of the capacity of the municipal solid waste containers for which a customer has subscribed.
shall mean the person(s) holding legal title to real property and/ or any improvements thereon and shall include the person(s) listed on the latest equalized assessment roll of the County Assessor.
shall mean a paper bag approved by District and provided by the contractor which may be purchased by residents for the collection of organic materials overages.
shall mean the District and contractor, individually or together.
shall mean any individual, firm, association, organization, partnership, consortium, corporation, trust, joint venture, commercial entity, governmental entity, public entity, or any other legal person.
shall mean a small easily portable container with a capacity of at least three gallons to be included by contractor in the multi-family move-in kit to facilitate convenient accumulation of recyclable materials within a multi-family dwelling unit.
shall mean any land or building in the District where recyclable materials, organic materials, garbage, or C&D are generated or accumulated.
shall mean to prepare, treat, or convert through some special method.
shall mean any plant or site used for the purpose of sorting, cleansing, treating or reconstituting recyclable materials, reusable materials, or C&D for the purpose of making such material available for recycling or reuse or the facility for the processing and/or composting of organic materials.
shall mean materials remaining after the processing of recyclables, compostable materials, bulky goods and construction and demolition debris, which cannot reasonably be diverted from the landfill.
shall mean public containers distributed on sidewalks and in other public places in the District for the collection of recyclable materials, organic materials, and/or garbage.
shall mean anything capable of biologically decaying, rotting, or spoiling.
shall mean the maximum amount, expressed as a dollar unit, approved by the District that the contractor may bill a customer for providing services under the current franchise agreement with ACI. A Rate has been established for each individual service level and the initial rates for Rate Period One are presented in Exhibit G3 of the franchise agreement. The rates approved by District are the maximum rate that the contractor may charge a customer and the contractor may, in its sole discretion, charge any amount up to and including the maximum rate approved by the District.
shall mean a 12-month period, commencing July 1st and concluding June 30th with the exception that Rate Period One shall begin on the commencement date, and end on June 30th of the following year (i.e., 14-month period).
shall mean solid waste that: the generators set out in recyclables containers for collection for the purpose of recycling by the contractor that are at least 90 percent recyclable and that exclude excluded waste. No solid waste shall be considered recyclable materials unless such material is separated from organic materials, garbage, and C&D. Recyclable materials shall include, but not be limited to: newspaper (including inserts, coupons, and store advertisements); mixed paper (including office paper, computer paper, magazines, junk mail, catalogs, brown paper bags, brown paper, paperboard, paper egg cartons, telephone books, grocery bags, colored paper, construction paper, envelopes, legal pad backings, shoe boxes, cereal, and other similar food boxes yet excluding paper tissues, paper towels, paper with plastic coating, paper contaminated with food, wax paper, foil-line paper, Tyvex non-tearing paper envelopes); chipboard; corrugated cardboard; glass containers of any color (including brown, clear, and green glass bottles and jars); aluminum (including beverage containers and small pieces of scrap metal); steel, tin or bi-metal cans; mixed plastics such as plastic containers (no. 1 to 7), except expanded Polystyrene (EPS); bottles including containers made of HDPE, LDPE, or PET; dry cell household batteries when placed on the recycling cart in a sealed heavy-duty plastic bag; and, those materials added by the contractor from time to time. The term “recycle or recycling” shall mean the process of sorting, cleansing, treating, and reconstituting at a recyclable materials processing facility materials that would otherwise be disposed of at a landfill for the purpose of returning such materials to the economy in the form of raw materials for new, reused, or reconstituted products.
shall mean all putrescible and non-putrescible solid and liquid waste, except wastewater, whether combustible or noncombustible, also referred to as municipal solid waste (MSW), recyclables, compostables, and construction and demolition debris, which may or shall be placed in a container for collection.
shall mean any Affiliate which has financial transactions with contractor pertaining to the current franchise agreement with ACI that have been approved by the District.
shall mean any financial transaction between contractor and a Related Party Entity pertaining to the current franchise agreement with ACI that has been approved by the District.
shall mean of, from, or pertaining to a single-family premises or multi-family premises including single-family homes, apartments, condominiums, townhouse complexes, mobile home parks, cooperative apartments, and yacht harbors and marinas where residents live aboard boats.
shall mean those materials which, after processing, are disposed rather than recycled due to either the lack of markets for materials or the inability of the processing facility to capture and recover the materials.
shall mean items that are capable of being used again after minimal processing. Reusable materials may be collected source separated or recovered through a processing facility.
shall mean the service provided to customers for the collection of discarded material using a roll-off container.
shall mean a metal container of between six and 50 cubic yards that is normally loaded onto a motor vehicle and transported to an appropriate facility. A roll-off container may be open topped or enclosed with or without a compaction unit.
shall mean a heavy plastic receptacle with a rated capacity of at least 20 gallons and not more than 96 gallons, having a hinged tight-fitting lid, and two wheels that is approved by the District and is labeled as designated by the District.
shall mean those materials which may be reused in their existing form or may be recycled for reuse after some form of processing.
shall mean the Short-Lived Climate Pollutants Act of 2016 (an act to add Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and to add Chapter 13.1 [commencing with Section 42652] to Part 3 of Division 30 of the Public Resources Code, relating to methane emissions), also commonly referred to as “SB 1383,” as amended, supplemented, superseded, and replaced from time to time.
shall mean a generator of recyclable materials, organic materials, garbage, and/or construction and demolition debris within the District’s jurisdiction who delivers materials to a permitted facility rather than to the contractor.
shall mean the size of a customer’s container and the frequency of collection service.
shall mean special carryout services for those single-family dwelling and multifamily dwelling customers with individually billed roll-out cart service, who are determined to have difficulty doing so themselves due to physical or mental limitations or disabilities at no cost to the customer. Contractor and customer shall negotiate directly to determine a reasonable spot for the carts to be placed to facilitate collection. The contractor shall evaluate applications for side/backyard service based on reasonable criteria. The contractor may charge for side/backyard service only when it is requested by an otherwise capable customer solely for the customer’s convenience. There is an additional charge for this service for a 32-gallon cart. Canyonlands customers are not eligible for this service, except for customers with a curbside exemption.
shall mean, notwithstanding any contrary definition in District Code, any detached or attached house or residence designed or used for occupancy by a number of persons living together as one family having a bathroom or toilet and kitchen plumbing facilities; provided, that collection service feasibly can be provided to such premises as an independent unit, and the owner or occupant of such independent unit is billed directly for the collection service. Single-family includes residential units of a duplex, tri-plex, or four-plex residential structure.
shall mean:
A detached single-family dwelling unit; or
A single-family dwelling unit contained within condominium-type development, if such dwelling unit subscribes to individual garbage collection service and has access to a curb; or
Each separate housekeeping unit in a duplex, triplex, fourplex, or mobile home park.
shall mean all recyclables, with the exception of batteries and waste oil and waste oil filters, placed in one recycling cart.
has the same meaning as defined in Alameda County Waste Management Authority Ordinance 2021-02.
shall mean the segregation, by the generator, of materials designated for separate collection for some form of recycling, composting, recovery, or reuse.
shall mean the collection of MSW, recyclable materials and other materials as appropriate at District-sponsored special events.
shall mean material not specified in the current franchise agreement with ACI that can be or will be collected for purposes of recycling. Such specialty recyclable material may include, but is not limited to, scrap metal, high-grade paper (including office mixed paper), pallets, and plastic film.
shall mean the State of California.
shall mean the Alameda County Waste Management Authority, its Board of Directors, staff, and/or agents.
shall mean a party who has entered into a contract, express or implied, with the contractor for the performance of an act that is necessary for the contractor’s fulfillment of its obligations for providing service under the current franchise agreement with ACI. Notwithstanding any other provision in the franchise agreement, vendors providing materials, supplies or professional services to contractor, and approved facilities, and any subcontractors of approved facilities, which are not Affiliates of contractor, shall not be considered subcontractors for any purpose under this Agreement.
shall mean the Term of the current franchise agreement with ACI, including extension periods if granted, as provided for in Article 2 of the agreement.
shall mean discarded fabric-, or cloth-based household items including, but not limited to, clothing (including shirts, pants, dresses, and coats), household linens (including bed sheets, blankets, and towels), and shoes.
shall mean a unit of measure for weight equivalent to 2,000 standard pounds where each pound contains 16 ounces.
shall mean the act of transferring the materials collected by contractor in its route vehicles into larger vehicles for transport to other facilities for the purpose of recycling, composting, or disposing of such materials.
shall mean the facility designated by contractor and approved by the District for the transfer of some or all of the discarded material collected under the agreement. The Davis Street Transfer Station has been designated by the contractor as a transfer station and approved by the District pursuant to the agreement.
shall mean the act of conveying collected materials from one location to another.
shall mean any and all waste, including but not limited to hazardous waste, the acceptance or handling of which would cause a violation of any permit condition or legal or regulatory requirement, damage or threatened damage to contractor’s equipment or facilities, or present a substantial endangerment to the health or safety of the public or contractor’s personnel; provided, that de minimis quantities or waste of a type and amount normally found in residential municipal solid waste after implementation of programs for the safe collection, recycling, treatment, and disposal of house-hold hazardous waste in compliance with Sections 41500 and 41802 of the California Public Resources Code shall not constitute unacceptable waste. Unacceptable waste does not include waste oil, waste oil filters, or household batteries when placed for collection as set forth in the agreement or as otherwise directed by the District.
shall mean all wastes as defined by Title 22, Subsections 66273.1 through 66273.9 of the California Code of Regulations. These include, but are not limited to, batteries, fluorescent light bulbs, mercury switches, and E-Waste.
shall mean oils or fats that have been used for the cooking or frying of food.
shall mean used oil fluids for vehicles including motor oil, brake, transmission and hydraulic fluids, crankcase and differential oils, lubricating oils for vehicles, and may also be used to refer to oil filters from automobiles and light trucks.
shall mean a kit containing: one reusable plastic jug of at least one gallon capacity with a leak-proof watertight screw-on top to contain used motor oil or used cooking oil; one six mil plastic disposable resealable bag with double track seal of sufficient capacity to accommodate one used motor oil filter; and, a flyer, brochure, or other informational media approved by the District intended to educate customers about the Used Motor Oil and Used Cooking Oil Collection programs and the benefits resulting from the proper handling of used motor oil, used motor oil filters, and used cooking oil. The used oil recovery kit is to be provided to customers by the contractor to recover used motor oil, used motor oil filters, and/or used cooking oil from single-family residents.
shall mean once per week.
shall mean discarded household appliances such as washers, dryers, refrigerators, stoves, water heaters, freezers, small air conditioning units, and other similar items.
shall mean any day, Monday through Saturday, which is not a holiday as set forth in Section 6.08 of the agreement.
shall mean solid waste that will decompose and/or putrefy, including, but not limited to, green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, cactus, palm, small pieces of unpainted and untreated wood, and other types of organic materials resulting from normal yard and landscaping maintenance that may be specified in District Legislation for collection and processing as organic materials under the current franchise agreement with ACI. Yard trimmings does not include items herein defined as excluded waste. Yard trimmings are a subset of organic materials. Yard trimmings placed for collection may not exceed six inches in diameter and three feet in length and must fit within the contractor-provided container.
(§ 1, Ord. 3, 01-28-1941; amended, § 1, Ord. 33, 07-16-1956; § 1, Ord. 54, 11-11-1976; § 1, Ord. 98, 11-03-1992; § 1, Ord. 108, 09-06-1994; § 1, Ord. 132, 02-04-2003; § 1, Ord. 138, 04-07-2009; § 1, Ord. 156, 07-01-2012; § 1, Ord. 162, 07-01-2014; § 1, Ord. 167, 10-13-2015; § 1, Ord. 168, 12-15-2015; § 1, Ord. 180, 02-05-2019; § 1, Ord. 190, 09-07-2021; § 1, Ord. 205, 05-06-2025)