Grand Terrace Municipal Code Art. I Definitions

For the purposes of this Chapter the following words and phrases shall have the meanings respectively ascribed to them by this article. Words and phrases not ascribed a meaning by this article shall have the meaning ascribed by Division 30, Part 1, Chapter 2, of the Public Resources Code, Sections 40105—40200.

"Act" means the California Integrated Waste Management Act of 1989, as it may be amended from time to time.

"Bulky waste" means and includes, but not by way of limitation, discarded white goods (i.e., major household appliances), furniture, tires, carpets, mattresses and similar large items which cannot be placed in a covered container.

"Authorized recycling contractor," as used in this Chapter, means a person, firm, partnership, corporation or other entity authorized under and by virtue of a contract with the City to collect recyclable waste material in the City.

"City" means the City of Grand Terrace.

"City manager" means the City manager of the City or the City manager's duly authorized representative.

"Collection" means the act of collecting solid waste, recyclables or compostables at the place of generation by an approved collector.

"Collector" means, depending upon the context in which used, either the City, another local agency or a contractor.

"Commercial bins" means bins provided by a collector, usually three cubic yards or greater capacity designed for the deposit of refuse, charged at commercial rates.

"Commercial premises" means all premises in the City, other than residential premises, where refuse is generated or accumulated.

"Container" means any bin, vessel, can or receptacle used for collecting solid wastes for removal, whether owned by the collector, property owner or tenant.

"Contractor" means a person, persons, local agency, firm or corporation franchised, authorized or permitted by the City to provide refuse, recycling or compostable collection services within the City.

"Designated recycling collection location," as used in this Chapter, means the place designated in the contract between the City and an authorized recycling contractor from which the authorized recycling contractor has contracted to collect recyclable waste material. This location will customarily be the curbside of a residential neighborhood or the service alley of a commercial enterprise.

"Detachable bin" means a metal container designed for mechanical emptying and provided by the City or contractor for the accumulation and storage of refuse.

"Franchise" means a franchise or contract which includes the right and privilege: (1) to collect, (2) to transport to landfill or other licensed disposal facilities as determined by city, and/or (3) to recycle from collected solid waste and recyclables all solid waste kept, generated and/or accumulated within the City from the franchise area. Any franchise is subject to all of the provisions of all applicable franchise agreement(s) which may be negotiated and approved in the future, and to any rights held by any other solid waste enterprise holding rights pursuant to Public Resources Code Section 49520.

"Franchise fee" means the fee or assessment imposed by the City or contractor solely because of its status as contractor. The term "franchise fee" does not include:

1. Any tax, fee or assessment of general applicability (including any such tax, fee or assessment imposed on both businesses and contractor or their services but not including a tax, fee or assessment which is unduly discriminatory against contractor or its customers); or

2. Requirements, reimbursements, charges or fees incident to the awarding, administering, enforcing, transfer or renewal of a franchise, including payments of bonds, consultants, administrative expenses, fees described in Section 5.42.070(A), attorney's fees, security funds, letters of credit, insurance, indemnification, penalties or liquidated damages.

"Garbage" means the putrescible animal, fish, fowl, food, fruit, bakery goods, or vegetable matter resulting from the preparation, storage, processing, handling, decay, distribution, manufacturing or consumption of such substance, except suet, tallow, bones or meat trimmings that are not rejected by the owner or producer as worthless or useless.

"Gross revenues" means any and all revenue or compensation in any form derived directly or indirectly by the contractor, its affiliates, subsidiaries, parents and any person or entity in which the contractor has a financial interest, from the collection of refuse pursuant to a franchise, including, but not limited to, monthly customer fees for collection of refuse and recyclables, special pickup fees, bin and drop box rental and collection fees, fees for redelivery of bins and drop boxes, and revenue from the sale of recyclables, without subtracting franchise fees or any other cost of doing business; provided, however, that the amount of gross revenues may be reduced by: (1) any landfill fees paid to a landfill operation; and (2) the amount of any bad debts incurred by the contractor or refunds returned to customers, provided that the revenue with respect thereto has been included in the computation of gross revenues.

"Hazardous refuse" means any compound, mixture, substance or article which, if improperly used, handled, transplanted, processed or stored, may constitute a hazard to health or may cause damage to property and contaminate the water table by reason of being explosive, flammable, poisonous, corrosive, radioactive or otherwise harmful to the environment, including wastes or refuse defined as hazardous under state or federal law.

"Place" or "premises" means every dwelling house; dwelling unit; apartment house or multiple dwelling building; trailer or mobile home park; store; restaurant; rooming house; hotel; motel; office building; department store; manufacturing, processing, or assembling shop or plant; and every other place or premises where any person resides, or any business is carried on or conducted within the City or any other site upon which garbage, waste or refuse is produced or accumulated.

"Recyclable waste material," as used in this Chapter, means discarded materials such as, but not limited to, newspapers, glass, plastic and metal cans, and compostables which are separated from other garbage or refuse for the purpose of recycling.

"Recycling," as used in this Chapter, means the process of collecting and turning used products into new products by reprocessing or remanufacturing them.

"Refuse" includes both garbage and rubbish and means putrescible and nonputrescible solid waste or debris, except sewage, whether combustible or noncombustible, and includes garbage and rubbish defined in this Section.

"Residential" includes single-family residences, multifamily residences, including apartments and condominiums, but does not include hotels and motels.

"Rubbish" means nonputrescible, unwanted or discarded material or debris, either combustible or noncombustible including but not limited to paper, cardboard, grass, tree, or shrub trimmings, straw, clothing, wood or wood products, crockery, glass, rubber, metal, plastic, construction or demolition material, recyclables, compostables, bulky wastes, and other municipal solid waste.

"Single-family residential" includes single-family residences and any other residences that do not require bin services.

"Solid waste" or "waste matter" means "rubbish" as defined in this Section.

"Standard residential refuse container" means a container of a size, design and weight prescribed by the City Council by resolution, for single-family residential solid waste collection, designed and manufactured for the accumulation and storage of residential refuse. The top diameter of the container shall in no case be smaller than the diameter of the receptacle at the bottom.

(Ord. 162 § 2(part), 1996)