San Leandro Municipal Code Art. 1 General

(Legislative History: Ordinance No. 2005-012, 8/1/05 (Sections 3-6-100—3-6-110))

The following definitions shall govern the construction of this Chapter, unless context requires otherwise, or the term is more specifically defined within:

Bulky Waste.

"Bulky waste" includes, but is not limited to, discarded materials such as large household appliances, furniture, tires, carpets, mattresses, tree trunks, and similar large items that require special handling because of their size.

Commercial.

"Commercial" means industrial or manufacturing facilities, warehouses, wholesale and retail stores, service establishments, professional offices and other business establishments, and other government facilities and schools.

Customer.

Customer" means a person located within the City that subscribes or is required to subscribe to the applicable services provided by the City's franchisee.

Debris Box.

"Debris box" means a container of 10 cubic yards or larger in size that is picked up in its entirety by a dedicated truck for emptying at a separate location.

Food Establishment.

"Food establishment" means any room, building, or place, or portion thereof, maintained, used, or operated for the purpose of storing, preparing, serving, manufacturing, packaging, transporting, salvaging, or otherwise handling of food at the retail level as defined in California Health and Safety Code Section 113870, or successor laws and regulations as may be amended from time to time.

Green Waste.

"Green waste" means all tree and plant trimmings, grass cuttings, dead plants, weeds, leaves, branches, and similar materials; provided, however, that larger items such as tree stumps and intact dead trees are bulky waste.

Hazardous Waste.

"Hazardous waste" shall have the meaning set forth in California Code of Regulations, Title 14, Division 7, Chapter 3, Article 4, Section 17225.32 and Health and Safety Code Section 25117, or successor laws and regulations as may be amended from time to time.

Holiday.

"Holiday" shall mean Labor Day, Thanksgiving, Christmas, and New Year's Day.

Household Hazardous Waste.

"Household hazardous waste" shall have the meaning set forth in California Code of Regulations, Title 14, Division 7, Chapter 7, Article 1.1, Section 18502, or successor laws and regulations as may be amended from time to time.

Medical and Infectious Waste.

"Medical and 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.

Multi-Family Residence.

"Multi-family residence" means any building or structure, or portion thereof used for residential purposes and having two or more distinct living units.

Occupant.

"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.

"Owner" means the person holding the legal title or having a right to possession to the real property to which franchise services are provided.

Person.

"Person" means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, governmental entity, or any other legal person domiciled, located, present or operating within the city.

Public Containers.

"Public containers" means containers designated and approved by the City for the collection of solid waste, recyclable materials, or green waste and located in public places and rights-of-way.

Putrescible Wastes.

"Putrescible wastes" means wastes that are capable of being decomposed by micro-organisms with sufficient rapidity as to cause nuisances because of odors, gases or other offensive conditions, and include materials such as food wastes, offal and dead animals as defined in California Code of Regulations, Title 14, Division 7, Chapter 3, Section 17225.52 or successor laws and regulations as may be amended from time to time.

Recycle, Recycling, Recycled.

"Recycle," "recycling," and "recycled" mean all the activities necessary to the collection, processing and marketing of recyclable materials which would other-wise be disposed of in a landfill or incinerator in order to return them to the economy in the form of raw materials for new, reused, repaired, refabricated, remanufactured, or reconstituted products. The collection, transportation or disposal of solid waste not intended for, or capable of, reuse is not recycling.

Recyclable Materials.

"Recyclable materials" or "recyclables" means discarded materials intended for and capable of being recycled, and that are separated, set aside, handled, packaged or offered for collection in a manner different from solid waste. Recyclables include newspaper (including inserts, coupons, and store advertisements); chipboard; corrugated cardboard; mixed waste paper (including office paper, computer paper, magazines, junk mail, catalogs, Kraft bags and Kraft paper, paperboard, egg cartons, phone books, brown paper, grocery bags, colored paper, construction paper, envelopes, legal pad backings, shoe boxes, cereal and other similar food boxes); glass containers (including brown, clear, and green glass bottles and jars); aluminum (including beverage containers, foil, food containers, small scrap metal); steel or tin cans; waste oil; oil filters; and PETE and HDPE plastic containers (natural and colored).

Recycling Center.

"Recycling center" means a facility that accepts recyclable materials to be processed and prepared for marketing.

Refuse.

"Refuse" means waste material intended for disposal and including: (1) all putrescible and non-putrescible wastes, whether in solid or liquid form, except liquid-carried industrial wastes or sewage hauled as an incidental part of septic tank or cesspool-cleaning service; (2) garbage (i.e., putrescible animal, fish, food, fowl, fruit or vegetable matter, or any thereof, resulting from the preparation, storage, handling or consumption of such substances); (3) rubbish (such as printed materials, paper, pasteboard, rags, straw, used and discarded clothing, packaging materials, ashes, floor sweepings, glass, and other waste materials).

Single-Family Residence.

"Single-family residence" means any attached or detached building or structure, or portion thereof that is used for residential housing purposes and has one distinct living unit not including in-law units.

Solid Waste.

"Solid waste" means waste as defined in California Public Resources Code, Division 30, Part 1, Chapter 2, Section 40191 and regulations promulgated thereunder and without limitation includes the following: (1) solid waste; (2) bulky wastes; (3) special wastes; (4) construction and demolition debris; (5) street sweeping waste; and (6) vehicle parts as defined in California Code of Regulations, Title 23, Division 3, Chapter 15, Sections 2520(d)(3) and 2523(c). Excluded from the definition of solid waste are hazardous, medical and infectious waste, and recyclable materials, green waste, and special wastes that cannot be disposed of in Class III landfills within the County system. Notwithstanding any provision herein to the contrary, "solid waste" may include 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 household hazardous waste in compliance with Section 41500 and 41802 of the California Public Resources Code.

Special Charges.

"Special charges" are specific service-related reasonable residential and commercial charges that may be billed by the City or its franchisee for special services.

Special Wastes.

"Special wastes" include flammable waste; waste transported in a bulk tanker; liquid waste; sewage sludge; pollution control process waste; residue and debris from the cleanup of a spill or release of chemical substances, commercial products or any other special wastes; contaminated soil, waste, residue, debris and articles from the cleanup of a site or facility formerly used for the generation, storage, treatment, recycling, reclamation, or disposal of any other special wastes; dead animals; manure; waste water; explosive substances; and radioactive substances.

The City Council of the City of San Leandro finds that the accumulation, preparation, storage, collection, transportation, and disposal of municipal solid waste, recyclables, and green waste from all properties in the City must be handled in a safe, sanitary, routine, and efficient manner so as to maximize the reduction, reuse, recycling, and composting of materials in accordance with state law; to maintain the good condition, cleanliness and safety of City rights-of-way; to prevent the harboring and breeding of rodents, insects, and other pests; to prevent the spread of diseases associated with unsanitary conditions; to reduce potential fire hazards; and to prevent unsightliness and other public nuisance which may result in the depreciation of property values and otherwise interfere with the quality of life within the City.