Port Hueneme Municipal Code Part A Definitions

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 meaning ascribed by Division 30, Part 1, Chapter 2 of the Public Resources Code, Sections 40105—40201, and the regulations of the California Integrated Waste Management Board, if defined therein, and if not, as defined 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.

"AB 939" or "Act" 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.

"Bi-monthly basis" means a billing period not exceeding sixty-six (66) days.

"Bin" means a composite or metal container, designed for mechanical emptying, provided by a collector for the accumulation of solid wastes.

"Bulky goods" means and includes, but not by way of limitation, discarded large and small household appliances, furniture, carpets, mattresses, clothing, tires, and oversized yard waste such as tree trunks and large branches if no larger than one (1) foot in diameter and two (2) feet in length and weighing not more than sixty (60) pounds each.

"City" means the City of Port Hueneme, California, a municipal corporation, and all of the territory lying within the municipal boundaries of the City as presently existing, including all Federal facilities, and all geographic areas which may be added or annexed to the City.

"City Manager" means an individual having that title in the employ of the City of Port Hueneme or the City Manager's duly authorized representative.

"Civic litter containers" means City-owned receptacles located in public areas for disposal of nonhazardous waste generated by the public, which meet the standards of 14 C.C.R. Chapter 3, Article 9, Sections 17830, et seq., as amended.

"Collection" means the act of collecting solid waste, at or near the place of generation or accumulation.

"Collector" means a solid waste enterprise with a written franchise, contract, license or permit (collectively referred to in this Chapter as "franchise") for the collection of solid waste and/or recyclable materials, granted by resolution adopted by the City Council naming the collector or a solid waste enterprise purporting to have the right to collect solid waste and/or recyclable materials in the City pursuant to Public Resources Code Sections 49520—49521 or other law. "Collector" may include "City" when City acts as a collector.

"Commercial bins" means bins provided by a collector and designed for the temporary accumulation of commercial solid waste.

"Commercial premises" means all premises in the City, other than residential premises, where solid waste is generated or accumulated. The term "commercial premises" includes, but is not limited to, stores; restaurants; rooming houses using bins and not standard residential solid waste containers; hotels; motels; office buildings; military facilities (except family quarters); department stores; manufacturing, processing, or assembling shops or plants; government offices (to the extent authorized by law); hospitals; clinics; and nursing homes; and condominiums and other residential developments utilizing commercial bins, and not standard residential solid waste containers.

"Commercial solid waste" means all types of solid waste, including green waste and recyclable solid waste, generated or accumulated at commercial premises in the City, except medical waste, hazardous waste and documents to be shredded.

"Construction and demolition waste" means and includes solid wastes such as building materials; and packaging and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses, commercial buildings, and other structures. Construction refers to SIC Codes 152 through 1794, 1796, and 1799. Demolition refers to SIC Code 1795.

"Container" means any commercial bin, standard residential solid waste container, vessel, can, cart or other receptacle used for accumulating and collecting solid wastes for removal.

"Customer" means the responsible person who obtains collection services from the City or its contractor.

"Designated recyclable solid waste collection location," as used in this Chapter, means the place designated by arrangements between a collector and its customers from which the collector is to collect recyclable solid waste. This location may be, but the City does not require that it be, at curbside in residential neighborhoods or service alleys of commercial premises. "Designated recyclable solid waste collection location," as used in this Chapter, may also mean, depending on the context, the place or places designated by arrangements between a collector and the City from which the collector is to collect recyclable solid waste.

"Franchise" means the right and privilege: (1) to make arrangements for the collection of and to collect, (2) to transport to landfill or other licensed disposal facilities and/or (3) to recycle all solid waste, including recyclable solid waste and green waste, kept, generated and/or accumulated within the City from the franchise area. "Franchise" means a franchise, contract, license or permit, granted by the City Council, in writing, naming the collector. A franchise is subject to whatever, if any, rights which may be held by another solid waste enterprise pursuant to Public Resources Code Sections 49520-21 or other law.

"Franchise fee" means the fee or assessment imposed by the City on a collector because of its status as collector.

"Green waste" (also sometimes referred to as "yard waste") means leaves, grass clippings, brush, branches and other forms of organic matter generated from landscapes and gardens and incidental pieces of untreated and unpainted scrap lumber no longer than twenty-four (24) inches and containing no metal objects, separated from other forms of solid waste. "Green waste" also includes holiday trees from which all tinsel, flock, base attachments and ornaments have been removed. Green waste does not include stumps or branches exceeding six (6) inches in diameter or two (2) feet in length, palm fronds, yucca, food waste, manure, dirt, rocks, garbage or any other form of solid wastes which are not suitable for composting.

"Gross revenues" means any and all revenue or compensation in any form derived directly or indirectly by a collector, subsidiaries, parent companies or other affiliates for the collection, transportation, processing, disposal and other services with respect to solid waste collected in the City, pursuant to a franchise, in accordance with generally accepted accounting principles. The term "gross revenues" includes, but is not limited to, monthly customer fees, 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 recyclable solid waste, without subtracting franchise fees or any other cost of doing business.

"Hazardous waste" means (1) all waste defined or characterized as hazardous waste by the federal Solid Waste Disposal Act (42 U.S.C. Sections 3251 et seq.), as amended, including the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Sections 6901 et seq.) as they may be amended from time to time, and all implementing regulations, (2) all waste defined or characterized as hazardous pursuant to the provisions of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Sections 9601 et seq., as it may be amended from time to time, and all implementing regulations, and (3) all waste defined or characterized as hazardous waste by agencies of the State of California (including without limitation the Department of Health Services, the Department of Toxic Substances Control and the California Integrated Waste Management Board) having jurisdiction over solid and hazardous waste. The term "hazardous waste" means, in addition to any substance included in any of the foregoing categories, those substances which are not normally permitted to be disposed of by generally accepted sanitary landfill disposal methods, but which may be contained in solid waste streams. In the event of a conflict in the definitions employed by two or more governmental agencies having concurrent or over-lapping jurisdiction over hazardous waste, the broader, more encompassing definition shall apply.

"Infrastructure use fee" means the fee or assessment imposed by the City on a collector to compensate for the increased deterioration of the City's public infrastructure as a result of the collector's activities.

"Recyclable material" means a material which has commercial value and which is sold or donated to an entity other than a solid waste collector or solid waste enterprise. Recyclable materials are commodities and are not part of the solid 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.

"Recyclable solid waste" means a form of solid waste which has been separated by a solid waste service recipient from other forms of solid waste 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 (commingled) recyclable solid wastes which have been segregated from other waste material as well as source-separated single-category recyclable 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. Recyclable solid waste shall be deemed to be contaminated if the container into which it has been placed contains more than fifteen (15) percent non-recyclable solid waste, or any amount of hazardous waste.

"Recyclable solid waste container" means a container, vessel, can, cart or other receptacle used for accumulating and collecting recyclable solid waste.

"Refuse" means solid waste.

"Residential premises" includes single-family residences, townhouses, apartments, condominiums and mobile homes, each with its own cooking and bathing facilities, at which standard residential solid waste containers, not commercial bins, are used. "Residential premises" does not include hotels or motels, nursing or convalescent homes or barracks or other military housing without separate cooking facilities.

"Residential solid waste" means all types of solid waste, including green waste and recyclable solid waste, generated or accumulated at residential premises and placed in standard residential solid waste containers for accumulation and collection. "Residential solid wastes" does not include commercial solid waste or recyclable material.

"Responsible person" means the person responsible for daily operations of every residential or commercial premises, including, without limitation, every military post, facility, station, center or other military property.

"Single-family residential" includes single family residences and any other residences, including military family quarters, that do not use commercial bins on a regular or periodically recurring basis for the accumulation of solid waste.

"Solid waste" means all putrescible and nonputrescible solid, and semisolid waste, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes and other discarded solid and semisolid wastes. Solid waste does not include hazardous waste, radioactive waste or medical waste. As used in this Chapter, the term solid waste includes green waste and recyclable solid waste.

"Standard residential solid waste container" means a container provided by the collector for the accumulation, storage and collection of residential solid waste.

(Ord. 687 § 3, 2008; Ord. 645 § 4, 2003: Ord. 632 § 1 (part), 2000)