Irvine Municipal Code Ch. 1 General

The words and phrases contained in this division shall have the meaning commonly associated with them unless special meaning is ascribed to them by the California Public Resources Code or the California Code of Regulations (as either may be amended from time to time) in which case such meaning shall apply, except that the following words shall, for the purpose of this division, be defined as follows, unless otherwise defined herein:

AB 939 means that State legislation commonly known as the California Integrated Waste Management Act (Stats 1989, Chapter 1095, as amended) as codified in Public Resources Code Section 49000, et seq.

Bins means dumpsters, three yard bins, recycling bins, ten-, 36-, and 40-yard roll-off boxes, commercial compactors, ten-yard lowboy containers, and any similar such devices, regardless of size or capacity, provided by a waste hauler to any customer for use in solid waste handling services.

Cart means a plastic container provided by a contractor for collection, with a hinged lid and wheels serviced by an automated process, as opposed to a manual process of lifting and dumping.

City means the City of Irvine.

City facility means any building, park or other site located within the corporate limits of the City of Irvine, owned, leased or used regularly and significantly by City personnel of the City of Irvine.

City Manager means the City Manager of the City or his duly-authorized representative or designee.

Collection means the operation of gathering together and transporting solid waste, including recyclable materials and green waste, to the point of disposal including at an appropriate recycling facility.

Commercial premises means premises upon which business activity is conducted, including but not limited to retail sales, services, wholesale operations, manufacturing and industrial operations, but excluding residential premises upon which business activities are conducted when such activities are permitted under applicable zoning regulations and are not the primary use of the property. Notwithstanding any provision to the contrary herein, for purposes of this chapter, premises upon which hotels and motels are operated shall be deemed to be commercial premises.

Contractor means the person or persons entering into an exclusive or nonexclusive contract with the City for the collection and disposal of solid waste, and any employee of any such person while acting within the scope of his employment during the time any such contract is in force.

Container means any and all types of solid waste receptacles, including carts and bins.

Hazardous waste means (i) 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, 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 U.S.C. Section 6901 et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder, and (ii) all waste defined or characterized as hazardous waste by the principal agencies of the State of California (including, without limitation, the Department of Health Services and the California Integrated Waste Management Board) having jurisdiction over hazardous waste generated by facilities within such State; provided that the term "hazardous waste":

A. Is intended to mean and include those substances which are not normally expected to be disposed of by generally accepted sanitary landfill disposal methods;

B. Shall include radioactive wastes; and

C. Shall be construed to have the broader, more encompassing definition where there exists a conflict in the definitions employed by two or more governmental agencies having concurrent or overlapping jurisdiction over hazardous waste.

Multi-family dwelling means either (i) any building or lot containing five or more dwelling units, or (ii) any building or lot containing two or more dwelling units which contractor determines (and the City Manager agrees) must receive solid waste handling services through the use of shared bins, since they are not reasonably able to receive individualized solid waste handling services through the use of carts. Any ambiguity as to whether a customer's premises qualifies as a single-family dwelling or multi-family dwelling shall be resolved by the City Manager whose decision shall be final.

Organic waste shall have the same meaning as set forth in 14 CCR, Div. 7, Ch. 12, Section 18982(a)(46).

Person means any individual, firm, corporation, association, group or other entity

Premises means any land, building and/or structure, or portion thereof, in the City where solid is produced, generated or accumulated.

Recycle or recycling means the process of collecting, sorting, cleaning, treating and reconstituting materials that would otherwise become solid waste and returning these materials to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards used in the marketplace.

Recyclable material means that solid waste capable of being recycled, including but not limited to glass, newsprint, newspaper, aluminum, cardboard, certain plastics or metal.

Residential premises means all premises upon which dwelling units exist, excluding hotels and/or single room occupancy hotels (i.e., temporary housing facilities for transients, otherwise known as SROs).

Self hauler means any person or entity that, pursuant to chapter 7 of this division, provides for the collection, transportation and disposal of solid waste generated by his/her/its own premises

Single-family dwelling means a building or lot containing one dwelling unit, and includes buildings and lots with more than one dwelling unit where such dwelling units are determined by the City to be reasonably able to receive individualized solid waste handling service by an automated process utilizing carts. Any ambiguity as to whether a premises qualifies as a single-family dwelling or multi-family dwelling shall be resolved by the City Manager.

Solid waste means all discarded putrescible and non-putrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, rubbish, construction waste, industrial waste, commercial solid waste, and any other discarded solid, semisolid and liquid waste permitted to be disposed of at a Class III landfill and which are included within the definition of "nonhazardous solid waste" set forth in the California Code of Regulations, as it may be amended from time to time. Solid waste does not include hazardous waste (Class I), low-level radioactive waste, untreated medical waste, or special wastes as defined herein.

Special wastes mean wastes other than solid waste, including sewage, sludge, industrial sludge, asbestos, auto bodies, tires, used motor oil, hazardous waste, animal body parts, explosive substances, radioactive materials, acids, solvents and other materials which may not be disposed of at a Class III landfill or which require special handling.

Yard waste means all leaves, grass cuttings and shrubs that accompany routine household or property maintenance functions.

(Ord. No. 21-19, § 3(Exh. A), 12-14-21)