For the purpose of this chapter, the following words and phrases
are defined and shall be construed as hereinafter set out, unless
it shall be apparent from the context that they have a different meaning:
"Animal waste(s)"
means any carcass, manure, fertilizer, or any form of solid
excrement produced by any and all forms of domestic or commercial
livestock such as cattle or horses, but not including household pets.
"Bulky waste"
means discarded, large household appliances, furniture, tires,
carpets, mattresses, and similar large items which require special
handling due to their size, but can be collected without the assistance
of special loading equipment (such as forklifts and cranes) and without
violating vehicle load limits. It does not include abandoned vehicles.
"Business"
means any commercial or public entity, including but not
limited to: proprietorship, firm, partnership, association, venture,
trust, or corporation that is organized as a for-profit entity. Business
includes, but is not limited to, industrial or manufacturing, restaurant,
retail, office, hotels, shopping centers, theaters and government
entities, for the purposes of this chapter, does not include multifamily
buildings.
"City"
means the City of Union City, a municipal corporation, and
all the territory lying within the municipal boundaries of the City
as presently existing or as such boundaries may be modified.
"City Council"
means the Mayor and City Council of the City of Union City.
"City Manager"
means the City Manager of the City of Union City or City
Manager's designee.
"Collection"
means the collection of solid waste and its transportation
to a disposal site; organic waste and its transportation to a processing
facility; recyclable material and its transportation to a materials
recovery facility; and construction and demolition debris and its
transportation to a materials recovery facility or other facility.
"Commercial and industrial premises"
means 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 premises which are permitted under applicable
zoning regulations and are not the primary use of the property.
"Composting"
means the controlled biological decomposition of organic
solid waste.
"Construction and demolition debris"
means used or discarded construction materials removed from
a premises during the construction or renovation of a structure resulting
from construction, remodeling, repair and demolition operations on
pavements, houses, commercial buildings, and other structures. Construction
and demolition debris is not required to be offered for collection
by the solid waste franchisee if it is legally collected by some alternate
means. Such alternate means shall include, without limitation, collection
by a person operating pursuant to a permit for the collection and
processing of construction and demolition debris issued by the City
pursuant to Article IV of this chapter.
"Container"
means an approved container used for the disposal and storage
of solid waste, organic waste and recyclable material.
"Covered material"
means corrugated cardboard, newspaper, white paper, mixed
recyclable paper, recyclable food and beverage glass containers, metal
(aluminum and steel) food and beverage cans, HDPE (high density polyethylene)
bottles and PET (polyethylene terephthalate) bottles. Unmarketable
processing residuals are not Covered Materials.
"Designated waste"
means nonhazardous solid waste which may pose special disposal
problems because of its potential to contaminate the environment and
which may be disposed of in a Class II disposal site, or Class III
disposal site pursuant to a variance issued by the Department of Health
Services. Designated waste consists of those substances classified
as designated waste by the State of California, in 23 California Code
of Regulations Section
2522.
means a project that proposes any of the following:
1.
Construction of new buildings that accommodate commercial, industrial,
private institutional or multifamily uses; and
2.
Improvements to any existing buildings that accommodate commercial,
industrial, private institutional or multifamily uses; and
3.
Establishment of any new commercial, industrial, or private
institutional uses; and
4.
Improvements made to areas of an existing public facility used
for collecting and loading solid waste, organic waste and recyclable
materials.
"Disposal"
means the final disposition of solid waste at a landfill
or other facility approved by the City.
"Disposal agreement"
means the agreement between Oakland Scavenger Company and
the City for disposal of solid waste.
"Disposal site"
means the solid waste facility or facilities approved by
the City for the ultimate disposal of solid waste.
"Enclosure"
means a structure designed to accommodate containers for
waste, and/or organic materials and/or recyclable materials.
"Hazardous waste"
means any substances defined as hazardous waste, acutely
hazardous waste or extremely hazardous waste by the State of California
in
Health and Safety Code Sections
25110.02,
25114, and
25117 or in
future amendments to or recodifications of such statutes, or identified
and listed as hazardous waste by the U.S. Environmental Protection
Agency, pursuant to the Federal Resource Conservation and Recovery
Act (42 USC Section
6901 et seq.), and any future amendments thereto.
means a processing facility that separates covered materials
from solid waste and that also satisfies the conditions set forth
by the Mandatory Recycling Ordinance adopted by the Alameda County
Waste Management Authority.
"Improvement"
means any physical modification that adds value to a facility,
prolongs its useful life or adapts it to new uses. Improvements do
not include repairs designed to keep facilities in good operating
condition, provided such repairs do not materially add value to the
facility, or substantially extend the life of the facility.
"Infectious waste"
means wearing apparel, bedding or biomedical waste generated
at hospitals, public or private medical clinics, dental offices, research
laboratories, pharmaceutical industries, blood banks, mortuaries,
veterinary facilities, residential premises and other places where
highly infectious or contagious diseases have been present, and other
premises which are identified in
Health and Safety Code Section
25117.5.
means a state and locally permitted facility in California
that accepts solid waste for burial.
"Litter"
means any quantity of uncontainerized paper, metal, plastic,
glass or miscellaneous solid waste which may be characterized as trash,
debris, rubbish, refuse, garbage or junk.
"Materials recovery facility (MRF)"
means a permitted solid waste facility where solid wastes
or recyclable material are sorted or separated, by hand or by use
of machinery, for the purposes of recycling.
"Multifamily building"
means a structure with five or more residential dwelling
units, regardless of whether the resident therein is transient, temporary
or permanent.
"Occupant"
means and includes every owner of a premises, tenant of a
premises, and person who has possession of, inhabits, or exercises
care and control over a premises.
"Organic waste"
means food waste, food-contaminated and compostable paper,
and cardboard (not containing plastic coatings), compostable serveware
and beverage containers, tree trimmings, grass cuttings, dead plants,
leaves, branches and dead trees (not more than six inches in diameter)
including Christmas trees and similar materials separated, set aside,
handled, packaged, or offered for collection by the waste generator.
"Permittee"
means any collector authorized by City of Union City permit
to collect recyclable material and/or construction and demolition
debris.
"Person"
means any individual, firm, association, organization, partnership,
corporation, business trust, joint venture, the United States, the
State of California, the County of Alameda, and special purpose districts.
"Premises"
means any land or building where solid waste is generated
or accumulated.
"Private property"
means and includes, but is not limited to the following owned
by private individuals, firms, corporations, institutions or organizations:
yards, grounds, driveways, parking areas, passageways, working areas,
storage areas, vacant lots and structures.
"Processing facility"
means a facility to which residential organic waste is brought
to be processed into compost, mulch or another soil amendment.
"Property owner"
means the person(s) that hold title to a property as shown
on the more recent assessment roll.
"Public facility"
means and includes, but is not limited to, buildings, structures
and outdoor recreation areas owned by a local agency.
"Public property"
means and includes, but is not limited to, the following:
streets, street medians, catchbasins, sidewalks, lanes, alleys, public
rights-of-way, public parking lots, school grounds, parks, and other
publicly-owned grounds.
"Putrescible waste"
means solid waste which is organic and subject to decomposition
by micro-organisms.
"Recycling"
means the process of collecting, sorting, cleansing, treating
and reconstituting solid waste and returning them to the economic
mainstream in the form of raw materials that can be sold in competitive
markets and satisfy all Federal, State and local standards for such
materials. Recycling includes composting so long as the compost or
soil amendment created by composting can be sold in competitive markets
and satisfies all Federal, state and local standards for such materials.
"Recycling franchisee"
means that company that has been awarded the nonexclusive
recyclable material collection agreement by the City Council.
"Refuse"
means solid waste that is neither covered materials nor recyclable
materials that are acceptable to the City for co-placement in containers
for covered materials within the City's service area.
"Residential premises"
means property used for residential purposes, irrespective
of whether such dwelling units are rental units or owner occupied.
No place used primarily for business purposes shall be considered
as a residential unit.
"Solid waste"
is defined in
Public Resources Code Section
40191 (as amended)
and means 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.
"Solid waste" does not include any of the following
wastes:
1.
Hazardous waste, as defined in Section 40141.
2.
Radioactive waste regulated pursuant to the Radiation Control
Law (Chapter 8 (commencing with Section
114960) of Part 9 of Division
104 of the
Health and Safety Code).
3.
Medical waste regulated pursuant to the Medical Waste Management
Act (Part 14 (commencing with Section
117600) of Division 104 of the
Health and Safety Code). Untreated medical waste shall not be disposed
of in a solid waste landfill, as defined in Section
40195.1 of the
Public Resources Code. Medical waste that has been treated and deemed
to be solid waste shall be regulated pursuant to this chapter.
"Solid waste franchisee"
means that company that has been awarded the solid waste
collection and the organic waste collection franchise by the City
Council.
"Source separated"
means to have undergone the process of removing recyclable
materials from other solid waste, by or for the waste generator on
the premises at which the recyclable materials were generated, for
the purpose of recycling.
"Transfer facility"
means that facility used to receive solid wastes, temporarily
store, separate, convert, or otherwise process the materials in the
solid wastes, or to transfer the solid wastes directly from smaller
to larger vehicles for transport.
(Ord. 433-94 § 3, 1994; Ord. 576-01 Exh. B, 2001; Ord. 762-11 § 3, 2011; Ord. 771-12 § 2, 2012)