Tuolumne County Municipal Code Ch. 7.08 Definitions

Sections:

• 7.08.010 General rules for interpretation.

• 7.08.020 Buy-back recycling center.

• 7.08.030 Collection area.

• 7.08.040 Commercial customer.

• 7.08.050 Commercial service.

• 7.08.060 Commercial solid waste.

• 7.08.070 Curb service.

• 7.08.080 Customer.

• 7.08.090 Disposal.

• 7.08.100 Drop-off recycling center.

• 7.08.110 Franchise.

• 7.08.120 Franchisee.

• 7.08.130 Gross receipts.

• 7.08.140 Hazardous waste.

• 7.08.150 Industrial solid waste.

• 7.08.160 Landfill.

• 7.08.170 Local enforcement agency or LEA.

• 7.08.180 Municipal solid waste.

• 7.08.190 Other service.

• 7.08.200 Permit.

• 7.08.210 Permittee.

• 7.08.220 Person.

• 7.08.230 Recyclables.

• 7.08.240 Recycle/recycling.

• 7.08.250 Recycling container.

• 7.08.260 Residential customer.

• 7.08.270 Residential service.

• 7.08.280 Segregated from other waste materials.

• 7.08.290 Solid waste.

• 7.08.300 Solid waste manager or SWM.

• 7.08.310 Solid waste transfer or processing.

• 7.08.320 Source separated.

• 7.08.330 Waste container.

• 7.08.335 Waste facility.

• 7.08.340 Yard service.

Unless the context otherwise requires, the following definitions shall be used in the interpretation and construction of this title. (Ord. 2058 § 4 (part), 1994).

recycling center means a facility that pays a fee for the delivery and transfer of ownership to the facility of source separated materials, for the
purpose of recycling or composting. (Ord. 2058 § 4 (part), 1994).

means all those portions of the unincorporated area of the county divided into solid waste collection areas as shown on the map entitled "Solid Waste Collection Areas of Tuolumne County" on file in the office of the clerk of the board of supervisors and the department of public works--division of solid waste. (Ord. 2058 § 4 (part), 1994).

customer” means any person who has

established a commercial service account with a franchisee or permittee. (Ord. 2058 § 4 (part), 1994).

service" means commercial solid waste collection service or recyclables collection service provided by a franchisee or a permittee under this title to a commercial customer. (Ord. 2058 § 4 (part), 1994).

"Commercial solid waste" means municipal solid waste originating from stores, business offices, commercial warehouses, hospitals, schools, health care facilities, military installations, correctional institutions, nonprofit organizations, campgrounds, government offices or complexes of apartments, condominiums, town homes, or mobilehome parks, which complex or park contains five or more units. (Ord. 2058 § 4 (part), 1994).

collection of waste containers placed by the residential customer adjacent to a street. (Ord. 2058 § 4 (part), 1994).

person requesting services and paying rates regulated by this title. (Ord. 2058 § 4 (part), 1994).

management of solid waste through transformation at a permitted solid waste facility or through landfill disposal. (Ord. 2058 § 4 (part), 1994).

recycling center" means a location or facility which accepts delivery or transfer of ownership of source separated materials for the purpose of recycling or composting, without a monetary transaction. (Ord. 2058 § 4 (part), 1994).

authority and obligation to provide services specified in a valid franchise agreement entered into under this title. (Ord. 2058 § 4 (part), 1994).

person who operates under a franchise agreement with this county entered into pursuant to this title. (Ord. 2058 § 4 (part), 1994).

means all gross operating revenues received from the collection and transport of solid waste or recyclables within the unincorporated portion of the county. (Ord. 2058 § 4 (part), 1994).

means the same as described in Section 25117 of the California Health and Safety Code which at this time provides:

A. "Hazardous waste" means either of the following:

1. A waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may either:

a. Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness,

b. Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed;

2. A waste which meets any of the criteria for the identification of a hazardous waste adopted pursuant to Section 25141 of the Health and Safety Code.

B. "Hazardous waste" includes, but is not limited to, RCRA hazardous waste.

C. Unless expressly provided otherwise, the term "hazardous waste," shall be understood to also include extremely hazardous waste and acutely hazardous waste as defined in Sections 25115 and 25110.02 of the Health and Safety Code. (Ord. 2058 § 4 (part), 1994).

solid waste" means solid waste in an amount exceeding an average of five hundred pounds per operating day produced (A) as a by-product of the business of processing or manufacturing agricultural, animal or other products or materials whose principal outlet forsuch products is wholesale rather than retail; or (B) as a by- product of the business of building constructionor demolition; or (C) as ash from industrial boilers, furnaces and incinerators. (Ord. 2058 § 4 part, 1994).

site as defined by Section 40122 of the Public Resources Code. (Ord. 2058 § 4 (part), 1994).

"Local enforcement agency" or "LEA" means the county agency designated pursuant to Article 1, Chapter 2, Part 4 (commencing with Section 43200) of the Public Resources Code as responsible for enforcement of state solid waste management minimum standards in Tuolumne County. (Ord. 2058 § 4 (part), 1994).

solid waste" or "MSW" means all solid wastes except agricultural crop residues, animal manures, mining wastes and fuel extraction wastes, forestry and land clearing wastes, and industrial solid wastes. (Ord. 2058 § 4 (part), 1994).

collection of solid waste at any location mutually agreed to by the customer and franchisee or permittee, other than curb, yard and commercial service. (Ord. 2058 § 4 (part), 1994).

granted under this title for the activities described in Section 7.12.060. (Ord. 2058 § 4 (part), 1994).

person holding a valid permit pursuant to this title. (Ord. 2058 § 4 (part), 1994).

a public entity, except the county and any person engaged in activity sponsored by the county. (Ord. 2058 § 4 (part), 1994).

those materials that are normally part of the solid waste stream which have market value and can be segregated from other waste materials and recycled and/or composted. (Ord. 2058 § 4 (part), 1994).

"Recycle/recycling" means the process of collecting, sorting, cleansing, treating or reconstituting materials that would otherwise be 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 Section 40201 of the Public Resources Code. (Ord. 2058 § 4 (part), 1994).

contained' means a container which is provided by, or acceptable to, the service providing franchisee or permittee for the sole purpose of containing recyclables that are source separated from the nonrecyclable portion of solid waste. (Ord. 2058 § 4 (part), 1994).

customer" means any person who has established a residential service account with a franchisee or permittee. (Ord. 2058 § 4 (part), 1994).

service" means municipal solid waste collection service or recyclables collection service for single-family residences, two-family residences (duplexes), three-family residences (triplexes), four-family residences (quadraplexes), mobile homes, trailers, or other residential units as provided by a franchisee or permittee under this title to a residential customer. (Ord. 2058 § 4 (part), 1994).

materials. "Segregated from other waste materials" means any of the following:

A. The placement of recyclable materials in separate containers;

B. The binding of recyclable material separately from the other waste material;

C. The physical separation of recyclable material from other waste material. (Ord. 2058 § 4 (part), 1994).

A. Except as provided in subsections B through D of this section, all putrescible and nonputrescible solid and semisolid and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, de-watered, 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.

B. "Solid waste" does not include hazardous waste or low level radioactive waste regulated under Chapter 7.6 (commencing with Section 25800) of Division 20 of the Health and Safety Code.

C. "Solid waste" does not include medical waste which is regulated pursuant to the Medical Waste Management Act (Chapter 6.1 (commencing with Section 25015) of Division 20 of the Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill as defined in the Public Resources Code Section 46027. Medical waste which has been treated and which is deemed to be solid waste shall be regulated pursuant to Division 30 of the Public Resources Code.

D. "Solid waste" does not include any waste material for which collection, transport or disposal is regulated by other provisions of law. (Ord. 2058 § 4 (part), 1994).

waste manager" or "SWM" means the county official or employee authorized by the Board to provide specified administrative responsibility under this title, and includes a designee of the solid waste manager. (Ord. 2058 § 4 (part), 1994).

"Solid waste transfer or processing" means receiving solid wastes, temporarily storing, separating, converting, or otherwise processing the materials in the solid wastes, or transferring the solid wastes directly from smaller to larger vehicles for transport. "Solid waste transfer or processing" does not include any of the following:

A. Where the principal function is to receive, store, separate, convert, or otherwise process in accordance with state minimum standards, manure;

B. Where the principal function is to receive, store, convert or otherwise process wastes which have already been separated for reuse and are not intended for disposal. (Ord. 2058 § 4 (part), 1994).

separated" means the segregation, by the waste generator, of materials designated for separate collection for some form of materials recovery, recycling or special handling other than being discarded as waste. (Ord. 2058 § 4 (part), 1994).

means a container that conforms to specifications as otherwise provided in the code, in which solid waste is deposited. This does not include a recycling container in which recyclables are placed. (Ord. 2058 § 4 (part), 1994).

means:

A. A permitted facility used to receive, temporarily store, separate, convert or otherwise process the materials in solid waste or transfer solid waste directly from smaller to larger vehicles for transport;

B. A permitted solid waste disposal site which is a Class III Disposal Site in accordance with the meaning prescribed by Article 2, Chapter 15, Title 23 of the California Code of Regulations (commencing with Section 2520) as amended from time to time;

C. A permitted household hazardous waste collection facility authorized to operate under permit by rule status pursuant to Title 22, California Code of Regulations, Section 66270.60;

D. A permitted Class II Disposal Site;

E. A permitted waste processor;

F. A mono-fill waste disposal site; and

G. An exempt disposal facility or reclamation site. (Ord, 3003 § 2, 2008).

collection of waste containers placed at a location mutually agreed to by the residential customer and franchisee or permittee which is not more than one hundred feet from a street. (Ord. 2058 § 4 (part), 1994).