§ 21-1. DEFINITIONS.
As used in this section:
Appliances shall mean discarded household appliances such as refrigerators, stoves, clothing washers and dryers, water heaters, dishwashers, etc., and similar items discarded by occupants of residential premises.
Bin shall mean a container with capacity of one (1) to eight (8) cubic yards, with hinged lid and wheels.
Bulky items shall mean discarded appliances, furniture, tires, carpets, mattresses, and similar large items that require special collection due to their size, but can be collected without the assistance of special loading equipment (such as forklifts or cranes) and without violating vehicle load limits. Bulky items do not include abandoned automobiles.
C&D Applicant means any person that undertakes a Project subject to WMP requirements pursuant to subsection 21-24.1 of this chapter.
Can shall mean a ten (10) gallon plastic container with a lid.
Cart shall mean a recycled-plastic container with a hinged lid and wheels serviced by an automated or semi-automated loading truck with varying capacities of twenty (20), thirty-two (32), sixty-four (64) or ninety-six (96) gallons, or another size approved by the Public Works Director.
City Manager shall mean the City Manager of the City of Alameda or his/her designated representative; Public Works Director shall mean the Public Works Director of the City of Alameda or his/her designated representative; Building Official shall mean the Building Official of the City of Alameda or his/her designee; Risk Manager shall mean the Risk Manager of the City of Alameda or his/her designee.
Commercial shall mean of, from, or pertaining to any property upon which business activity is conducted, including, but not limited to, retail sales, services, wholesale operations, manufacturing and industrial operations, but excluding businesses conducted upon residential property which are permitted under applicable zoning regulations and are not the primary use of the property.
Compactor shall mean a mechanical apparatus that compresses materials. Compactors include two (2) to four (4) cubic yard bin compactors serviced by front-end loader collection trucks and six (6) to fifty (50) cubic yard debris boxes serviced by collection trucks.
Construction or construction and demolition shall mean construction, erection, enlargements, alteration, renovation, conversion, or movement of any building, structure, paving, or land and any other demolition attendant thereto.
Construction and demolition debris or C&D debris shall mean used or discarded materials removed from residential, commercial, or industrial premises as a consequence of construction.
Conversion Rate means a rate set forth in the standardized Conversion Rate Table approved by the Public Works Director pursuant to Section 21-24 for use in estimating the volume or weight of materials identified in a Waste Management Plan.
Container shall mean cans, bins, carts, compactors, and debris boxes.
Curb (or curbside) shall mean the placement of a container for pick-up, where such container is placed within the public right of way but not within the public street, or sidewalk, in a manner that would obstruct vehicular, pedestrian, or bicycle travel. Where no curb exists, the container shall be placed in the location agreed upon by the City and the Franchisee in the franchise agreement.
Customer shall mean the person to whom franchisee and/or permittee shall submit billing invoices and from whom it shall collect payment for collection services provided to a premises generating solid waste, recyclable materials, organic materials, and receiving collection services from the franchisee and/or permittee. As determined pursuant to the policies of the franchisee, the customer may be the occupant or owner of the premises, provided that the owner of the premises shall be responsible for payment of collection services, in the event an occupant of a premises, who is identified as the customer with respect to the owner's premises, fails to make such payment.
Debris box shall mean an open-top container with a capacity of six (6) to fifty (50) cubic yards that is serviced by a roll-off truck.
Decibel (dB) shall mean a unit for measuring the amplitude of sounds, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals.
Disposal site shall mean a facility for ultimate disposal of solid waste.
Diversion Requirement means the diversion of at least fifty percent (50%) of the total construction and demolition debris generated by a project via reuse or recycling, unless a C&D Applicant has been granted an Infeasibility Exemption pursuant to Section 21-24, in which case the Diversion Requirement shall be the maximum feasible diversion rate established by the Public Works Director for the project.
E-scrap item or electronic scrap item shall mean discarded electronic equipment including, but not limited to, television sets, computer monitors, cathode ray tubes, central processing units (CPUs), laptop computers, external computer hard drives, computer keyboards, computer mice, computer printers, DVD players, CD players, stereos, radios, and VCRs.
Food Waste shall mean solid food wastes that will decompose and/or putrefy and includes, but is not limited to, all kitchen and table food wastes and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of food stuffs, and paper wastes contaminated with food waste.
Franchise Agreement means an agreement with a Franchisee as defined in subsection 21-20.1 of this chapter.
Franchisee shall mean the person to whom the City shall have granted a franchise to collect, receive, carry, haul or transport solid waste, recyclable materials, and organic materials within the City, and shall include the agents or employees of the Franchisee.
Hazardous waste shall mean all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the State of California in Health and Safety Code § 25110.02, § 25115, and § 25117 or in future amendments to or recodifications of such statutes and all substances identified and listed as Hazardous Waste by the U.S. Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC § 6901 et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder. Hazardous waste excludes minimal quantities 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 Sections 41500 and 41802 of the California Public Resources Code, as amended from time to time.
Integrated Waste Management shall mean all materials defined as, including but not limited to, all materials defined as solid waste, recyclable materials, organic materials, and food waste as defined in California Public Resources Code § 40191.
Medical waste shall mean all materials defined as medical waste in the California Health and Safety Code Section 25023.2, excluding waste identified as not being medical waste in Sections 25023.5 and 25023.8, or the regulations promulgated thereunder, as amended from time to time.
Multi-family shall mean any residential complex with five (5) or more units used for residential purposes irrespective of whether residence therein is transient, temporary or permanent. Multi-family premises include yacht harbors and marinas where residents live aboard boats. Multi-family premises include condominiums and cooperative apartments with five (5) or more units. Such premises shall have centralized solid waste, recyclable materials, and organic materials collection services sufficient for all units on the premises, which service shall be billed to the customer.
Multi-plex shall mean any residential complex with two (2) to four (4) units used for residential purposes irrespective or whether residence therein is transient, temporary, or permanent. Multi-plex premises include condominiums and cooperative apartments with two (2) to four (4) units. Such premises may have individual or consolidated solid waste, recyclable materials, and organic materials collection service sufficient in volume to service each unit on the premises, and will be billed to customer.
Occupant shall mean a person who occupies a premises.
Owner shall mean the person or persons holding record Title to the premises as reflected in the latest property tax assessment roll made available by the Alameda County Assessor's Office.
Organic materials shall mean solid wastes originated from living organisms that will decompose and/or putrefy. Organic materials which have been approved for collection by the Public Works Director include both yard waste, and food waste such as, but not limited to, green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, small wood pieces, other types of organic yard waste, vegetable waste, fruit waste, grain waste, dairy waste, meat waste, fish waste, facial tissue, paper contaminated with food waste or otherwise not accepted in the recyclable materials collection program, pieces of unpainted and untreated wood, and pieces of unpainted and untreated wallboard. No discarded material shall be considered to be organic materials, however, unless such material is separated from solid waste and recyclable materials. Organic materials such as, but not limited to, grass cuttings, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, and dead trees may not exceed six (6″) inches in diameter and four (4′) feet in length. Organic materials are included within the term recyclable materials .
Permittee shall mean any person authorized by a City permit to collect construction and demolition debris, recyclable materials, or organic materials pursuant to Article IV of this chapter.
Person shall mean a person, firm, association, partnership, joint venture, corporation or any entity, public or private in nature.
Premises shall mean any land or building in the City where solid waste, recyclable materials, or organic materials are generated or accumulated including each single-family unit, multi-plex unit, multi-family complex, and business establishment.
Project means any activity involving construction that requires issuance of a permit under the zoning, building and other ordinances of the City.
Recyclable materials shall mean non-hazardous residential, commercial or industrial materials or by-products which have been approved for collection by Public Works Director and which are set aside, handled, packaged, or offered for collection in a manner different than solid waste, for the purpose of being reused or processed and then returned to the economy in the form of commodities. Recyclable materials include, but are not limited to, newspaper (including inserts, coupons, and store advertisements), mixed paper (including office paper, computer paper, magazines, junk mail, catalogs, brown paper bags, brown paper, paperboard, paper egg cartons, phone books, grocery bags, colored paper, construction paper, envelopes, legal pad backings, shoe boxes, cereal and other similar food boxes); chipboard; corrugated cardboard; paper milk cartons, glass containers (including brown, clear, and green glass bottles and jars); aluminum (including beverage containers, foil, food containers, small pieces of scrap metal); small pieces of scrap metal weighing less than ten (10) pounds and fitting into the recyclable materials collection container; steel, tin or bi-metal cans; plastic containers (nos. 1 to 7), aseptic beverage boxes; empty steel paint cans (previously used for latex paint), used motor oil, used oil filters, small appliances, and aerosol cans.
Recycling shall mean the process of sorting, cleansing, treating, and reconstituting recyclable materials that would otherwise be disposed of at a disposal site and returning them to the economy in the form of raw materials for new, reused or reconstituted products.
Residential shall mean of, from, or pertaining to a single-family premises, multi-plex premises, or multi-family premises.
Reuse means further or repeated use of any material without reconstitution or treatment.
Salvage means the controlled removal of Construction and Demolition Debris from a permitted construction site for the purpose of recycling or reuse.
Single-family shall mean any detached house or residence designed or used for occupancy by one (1) household, provided that collection service can be and is provided to such premises as an independent unit.
Solid waste shall mean and include all putrescible and non-putrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, rubbish, ashes, industrial wastes, manure, vegetable or animal solid and semisolid wastes and other discarded solid and semisolid wastes as defined in California Public Resources Code § 40191, as that section may be amended from time to time. Solid waste does not include abandoned vehicles and parts thereof, hazardous waste or low-level radioactive waste, medical waste, unacceptable wastes, construction and demolition debris, source separated recyclable materials or source separated organic materials.
Source separated shall mean recyclable materials or organic materials that have been segregated from solid waste by or for the generator thereof, on the premises at which they were generated, for handling separate from solid waste. This does not require that different types of recyclable commodities be separated from each other, except organic materials shall be separated from recyclable materials.
Specialty recyclable materials shall mean high-value, presorted recyclable materials generated by construction and demolition activities on residential or non-residential premises and by the operation of non-residential uses. Specialty recyclable materials include scrap metal, construction and demolition debris, high-grade paper (including office mixed paper), pallets, and plastic film and other segregated recyclable materials which the Public Works Director reasonably determines are meaningfully distinct from the mixed recyclable materials collected from residential premises in the City.
Unacceptable waste shall mean any and all waste including, but not limited to, hazardous waste and medical waste, the acceptance and handling of which by franchisee or permittee would cause a violation of any permit condition, legal or regulatory requirement; substantial damage to franchisee's or permittee's equipment or facilities; or present a substantial danger to the health or safety of the public or franchisee's or permittee's employees.
Waste Management Plan means a plan for compliance with Article IV of this chapter, as approved or conditionally approved by the City.
Yard Waste shall mean those discarded vegetation materials approved by the Public Works Director that will decompose and/or putrefy, including but not limited to, green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, small pieces of unpainted and untreated wood, and other types of organic waste. Yard waste is a subset of organic materials .
(Ord. No. 2886 N.S. § 1; Ord. No. 2928 N.S. § 1)
(Ord. No. 2994 N.S., § 1, 4-21-09)