§ 8.61.010. Definitions.

For the purposes of this chapter, certain terms used herein are defined as follows:

A.

The definitions found in the following referenced laws and regulations are incorporated into this chapter by reference, in the following order of precedence: California Public Resources Code, Section 40100, et seq.; Title 22 of the California Code of Regulations, Section 40191 et seq.; Title 14 of the California Code of Regulations, Section 17381 et seq., any successor statutes or regulations; Section 8.60.020 of this code (Solid Waste), and Section 8.62.020 of this code (Waste Management Plan for Certain Construction and Demolition Projects Within the City of Pasadena).

B.

"Administrator" means the Waste Management Division Administrator of the City of Pasadena.

C.

"Agreement" or "franchise agreement" means a non-exclusive franchise agreement between the city and franchisee for collecting, transporting, recycling, composting, processing and disposing of solid waste, organic material and construction and demolition debris.

D.

"Bins" or "solid waste bins" means one or more container, roll-off box, debris box, dumpster or other free standing waste container provided by a franchisee for the deposit and collection of solid waste and/or recycling. Bins are usually two or three cubic yards in size, or larger.

E.

"Bulky goods/items" means large and small household appliances, furniture, carpets, mattresses, white goods, oversized yard waste such as tree trunks and large branches, if no larger than 18 inches in diameter and 4 feet in length, and similar large items discarded by commercial customers.

F.

"City" means the City of Pasadena.

G.

"Composting" means the process of collecting, grinding, mixing, piling, and supplying sufficient moisture and air to organic materials to speed natural decay. The finished product of a composting operation is compost, a soil amendment suitable for incorporating into topsoil and for growing plants. Compost is different than mulch, which is a shredded or chipped organic product placed on top of soil as a protective layer as described by Public Resources Code Section 40116 or CalRecycle.

H.

"Construction and demolition debris" or "C&D materials" means the excess or discarded materials, which are generated from a site during or after the construction, renovation, remodeling, repair, deconstruction or demolition of any premise, structure, fence, wall, or paving project. Such materials include, asphalt, concrete, Portland cement, brick, lumber, wallboard, roofing material, ceramic tile and plastic pipe. Such material also includes the definition set forth in Section 8.62.020(D) of this code.

I.

"Director" means the director of the department of public works.

J.

"Food waste" means any material that was acquired for animal or human consumption, is separated from the municipal solid waste stream, and that does not meet the definition of agricultural material. Food waste may include material from food facilities as defined in Health and Safety Code Section 113785, grocery stores, institutional cafeterias (such as, prisons, schools and hospitals) or residential food waste collection.

K.

"Franchise" means a non-exclusive franchise issued by the city to a solid waste hauler for any of the following categories: Solid waste; construction and demolition and composting. Franchises are awarded for the purpose of collecting, transporting, recycling, compost processing and disposing of solid waste generated anywhere within the city as specified in the franchise agreement and/or administrative rules and regulations.

L.

"Franchise logo" means the identifying information to be painted on bins and vehicles by the franchisee, including size, color and content, conforming to the standards in the administrative rules and regulations adopted by the director pursuant to this chapter and approved in the franchise agreement.

M.

"Franchisee" means any person or entity granted a franchise in accordance with the provisions of this chapter.

N.

"Gross receipts" means any and all compensation received by the franchisee in connection with collecting, transporting, disposing and/or recycling of solid waste kept, accumulated, or produced in the city plus any and all such compensation received by the franchisee or franchisee's subcontractors in connection with collecting, transporting, disposing, and/or recycling of solid waste produced, kept, or accumulated in the city, excepting compensation received from sale of material recovered through recycling and excepting state, county or city sales tax required by law to be included in or added to the price and collected from the consumer.

O.

"Hauler" means any individual, partnership, joint venture, unincorporated private organization, or private corporation engaged in the business of providing collection, removal or transportation of solid waste or source-separated materials, as applicable.

P.

"Inert" or "inert debris" means concrete (including fiberglass or steel reinforcing bar embedded in the concrete), fully cured asphalt, glass, fiberglass, asphalt or fiberglass roofing shingles, brick, rock, sand, soil slag, ceramics, plaster, clay and clay products. For purposes of this chapter, inert debris also includes all Type A inert debris defined as waste that does not contain soluble pollutants at concentrations in excess of water quality objectives and has not been treated in order to reduce pollutants, as described by 14 California Code of Regulations, Section 17381.

Q.

"Materials recovery facility" or "MRF" means any facility for which the separation of commingled recyclable materials into various components is conducted either manually or by mechanized processes, or which extracts recyclable material from refuse for the purpose of returning that material to the economic main stream.

R.

"Organics" and/or "organic material" means materials that are or were recently living, such as leaves, grass, agricultural crop residues, or food scraps.

S.

"Other compostable material" means any material, confirmed in writing as compostable by a composting facility that has been permitted/certified by the State of California.

T.

"Other solid waste" shall have the definition as set forth in California Public Resources Code Section 40191, and any successor provision except that it shall not include construction and demolition debris.

U.

"Recycling" means participation in any part of the process of collecting, sorting, cleansing, treating and reconstituting materials that otherwise would be discarded, and returning them to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace.

V.

"Responsible operating officer" means the individual responsible for the compliance of the franchise with this chapter and the franchise, and who is authorized to bind the franchisee in all matters related to the franchise.

W.

"Roofing material" means material removed from a house or building by a person or business providing both roofing and roof removal service.

X.

"Self-hauler" means, for the purpose of this chapter, any person engaged in the collecting, transporting, disposing, and/or recycling of solid waste or organics generated solely from their its own operations and using equipment owned, rented or borrowed for self-hauling versus contracting with an unauthorized hauling company.

Y.

"Solid waste" shall have the definition as set forth in California Public Resources Code Section 40191, and any successor provision, all putrescible and nonputrescible solid, 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, 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.

Z.

"Third party diversion tonnage" means recycling or reuse programs being conducted as businesses in the City of Pasadena by parties other than a franchisee and documented in reports and procedures approved by the director. This may include recyclables collected by a recycler, community group, recyclables delivered to a recycling center by employees or other persons not associated with a solid waste hauler.

AA.

"Transformation" means incineration, distillation, gasification or biological conversion other than composting. Transformation does not include composting or biomass conversion.

BB.

"Yard waste" means any wastes generated from the maintenance or alteration of public, commercial or residential landscapes including, but not limited to, yard clippings, leaves, tree trimmings, prunings, brush, and weeds.

(Ord. 6916 §§ 2 (part), 11, 2002; Ord. 6510 § 2 (part), 1992)

(Ord. No. 7154, § 2, 11-21-2008; Ord. No. 7264, § 13, 7-20-2015)