South El Monte Municipal Code Art. 1 Definitions

For the purposes of this chapter, the words, terms and phrases as defined in this section shall be construed as hereinafter set forth, unless it is apparent from the context that a different meaning is intended:

"Bin"

means a detachable container used in connection with commercial/industrial premises with a capacity equal to or less than six cubic yards that is serviced using a front end loading vehicle.

"Box,"

sometimes known as a "roll-off," "drop" box or "debris" box, means a wheeled or sledded container or compactor, generally ten to forty cubic yards in size, that is picked up in its entirety by a dedicated truck.

"Cart"

means an industry-standard receptacle for solid waste, recyclables or green waste, made of metal, hard rubber or plastic, in a range of sizes of approximately thirty-five, sixty-five or ninety-five gallons, with wheels, a handle for ease of movement and a tight-fitting, attached lid, designed to be dumped mechanically into a collection vehicle.

"City manager"

means the city manager of the city of South El Monte ("city") or the city manager's designee.

"Collection"

means the operation of gathering together within the city, and transporting by means of a motor vehicle to the point of disposal or processing, any solid waste or recyclables.

"Collector"

means any person who has been awarded a permit or an exclusive or nonexclusive franchise to provide residential or commercial/industrial solid waste or recyclables collection services in the city.

"Commercial/industrial business owner"

means any person, firm, corporation or other enterprise or organization holding or occupying, alone or with others, commercial/industrial premises, whether or not it is the holder of the title or the owner of record of the commercial/industrial premises.

"Commercial/industrial collector"

means a collector which collects solid waste and recyclables from commercial/industrial premises.

"Commercial/industrial premises"

means all occupied real property in the city, except property occupied by federal, state or local governmental agencies which do not consent to their inclusion, and except residential premises as defined in this section, and includes, without limitation, wholesale and retail establishments, restaurants and other food establishments, bars, stores, shops, offices, industrial establishments, manufacturing establishments, service stations, repair, research and development establishments, professional service, sports or recreational facilities, construction and demolition sites, a multiple dwelling containing five or more dwelling units, and any other commercial or industrial business facilities, structures, sites or establishments in the city.

"Construction site" or "demolition site"

means any real property in the city in, on or from which a building or structure is being fabricated, assembled, erected, altered or demolished, and which produces construction or demolition solid waste which must be removed from the property, and requires the use of commercial refuse containers.

"Construction waste" or "demolition waste"

means any solid waste or debris generated as the result of construction or demolition, including, without limitation, discarded packaging or containers and waste construction materials, whether brought on-site for fabrication or used in construction or resulting from demolition, excluding liquid waste and hazardous waste.

"Container"

means any bin, box or cart used for the purpose of holding solid waste or recyclables for collection.

"Disposal"

means the complete operation of treating and disposing of solid waste after the collection thereof.

"Exclusive solid waste handling services"

means any action by the city council, whether by franchise, contract, license, permit or otherwise, whereby the city itself, or one or more other local agencies or solid waste enterprises, has the exclusive right to provide solid waste handling services of any class or type within all or any part of the territory of the city.

"Green waste"

means leaves, grass clippings, brush, branches and other forms or organic materials generated from landscapes or gardens, separated from other solid waste. "Green waste" does not include stumps or branches exceeding four inches in diameter or four feet in length.

"Hazardous waste"

means and includes waste defined as hazardous by Public Resources Code Section 40141 as it now exists or may subsequently be amended. "Hazardous waste" includes extremely hazardous waste and acutely hazardous waste, and any other waste as may hereafter from time to time be designated as hazardous by the Environmental Protection Agency (EPA) or other agency of the United States Government, or by the California Legislature or any agency of the state of California empowered by law to classify or designate waste as hazardous, extremely hazardous or acutely hazardous.

"Holiday"

means:

New Year's Day;

Memorial Day;

Independence Day;

Labor Day;

Thanksgiving Day;

Christmas Day.

"Holiday"

also means any other day designated as such in a contract between a collector and the labor union serving as the exclusive representative of that collector's employees, provided the holiday is established or recognized by resolution of the city council.

"In the city" or "within the city"

means within the limits of the city as such limits exist on the effective date of this chapter or may thereafter exist by virtue of the annexation of territory to or detachment of territory from the limits of the city.

"Manure"

means the waste droppings from any animal.

"Person"

means any individual, association, firm, partnership, corporation, or any other group or combination thereof acting as a unit.

"Processing"

means the reduction, separation, recovery and conversion of solid waste.

"Public agency"

means any governmental agency or department thereof, whether federal, state or local.

"Recyclables"

means the following materials generated on or emanating from residential or commercial/industrial premises and no longer useful or wanted thereon: glass bottles and jars—any food or beverage container (excluding ceramics and chemical containers); aluminum—cans, foil, pie tins and similar items (excluding dirt or organic material); steel or bimetal cans not to exceed one gallon in size; PET—plastic soda bottles or other bottles with the designated "PET" symbol; "HDPE" symbol (excluding detergent or bleach bottles and other plastic products); newspaper; cardboard—separated and not having waxed surfaces; computer printout (excluding carbon); and white ledger—white bond paper, office paper, white envelopes (excluding coated paper); green waste; and such additional materials as the city council may designate from time to time.

"Recycling"

means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recycling does not include transformation as defined in Public Resources Code Section 40201.

"Recycling container"

means a container which is provided to residential premises for use in collecting and moving recyclables to curbside for collection by the collector, or a container which is provided to commercial/industrial premises for use by the collector in collecting and moving recyclables.

"Residential collector"

means a collector which collects solid waste and/or recyclables from residential premises.

"Residential householder"

means any person or persons holding or occupying residential premises in the city, whether or not the owner of the residential premises.

"Residential owner"

means the owner of any residential premises within the city.

"Residential premises"

means any residential dwelling unit within the city, including, without limitation, multiple-unit residential complexes, such as rental housing projects, condominiums, apartment houses, mixed condominiums and rental housing, and mobile home parks, except any multiple dwelling containing five or more dwelling units.

"Resource recovery"

means any use of solid waste collected pursuant to this chapter, except for landfill disposal or transfer for landfill disposal. "Resource recovery" includes, but is not limited to, transformation, composting and multi-material recycling.

"Solid waste"

shall have the meaning set forth in Public Resources Code Section 40191, as it now exists or may subsequently be amended.

"Solid waste container"

means any vessel, tank, receptacle, box or bin permitted to be used for the purpose of holding solid waste for collection.

"Solid waste enterprise"

means any individual, partnership, joint venture, unincorporated private organization or private corporation regularly engaged in the business of providing solid waste handling services.

"Solid waste handling services"

means the collection, transportation, storage, transfer or processing of solid wastes for residential or commercial/industrial users or customers.

"Special collection services"

means the removal by a collector of oversized or overweight household articles placed curbside by a residential householder or owner, which oversized or overweight household articles have weights, volumes or dimensions which cannot be accommodated by solid waste containers for residential premises, such as stoves, refrigerators, water heaters, washing machines, furniture, sofas, mattresses, box springs and large rugs.

"Standard commercial/industrial solid waste container"

means a state of the art bin or solid waste container used in connection with commercial/industrial premises with a one and one-half, two, three, four, six or eight cubic yard capacity, designed for mechanical pick-up collection vehicles and equipped with a lid, or where appropriate for the commercial/industrial premises being served, a fifteen, twenty-five, thirty, forty or fifty cubic yard roll-off box or compactor, and shall include other types of containers suitable for the storage and collection of commercial/industrial solid waste if approved in writing by the city manager.

"Standard residential solid waste container"

means a standardized container with a lid, made of metal, hard rubber or plastic and having an approximate capacity of thirty-five gallons, and of a design, color and durability as approved by the city manager.

(Ord. 948 §1, 1994; Ord. 1112 §2, 2008)