§ 5-5.103. Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

(a)

"Annexation" means the legal process of including new territory within the incorporated boundaries of the City.

(b)

"Automated collection container" means a standard container designed for automated collection.

(c)

"Cannery or food processing waste" means the solid residues resulting from canning/food processing operations, which is segregated by the generator and which is collected for reuse.

(d)

"Collection" means the collection and transport of solid waste.

(e)

"Collection routes" means streets or areas designated for collection on a particular day/schedule.

(f)

"Collection vehicle" means any vehicle used by the collector for the collection of solid waste.

(g)

"Collector" means a person or firm authorized by a valid service agreement with the City of Modesto to collect solid waste within the City limits.

(h)

"Commercial" means occurring in a business zone.

(i)

"Commercial Waste Generator" means a business subject to subdivision (a) of Section 42649.2. of the Public Resources Code.

(j)

"Construction and demolition sites" means sites where construction or demolition activities are taking place.

(k)

"Containerized small green waste" means small green waste set out for collection in a standard container.

(l)

"Customer" shall mean any person, firm or corporation receiving service under the provisions of this chapter.

(m)

"Designated recycling collection location" means the location where an authorized recycling collector has agreed with a customer to pick up segregated recyclable materials as approved by the Public Works Director.

(n)

"Detachable container" means a container, watertight and with a cover, designed for direct dumping into a collection vehicle, and constructed in standard sizes with a minimum of one (1) cubic yard in capacity, as approved by the Public Works Director, and furnished by a collector.

(o)

"Disposal" means the final disposition of solid waste at a solid waste facility.

(p)

"Drop box container" means a metal box designed for loading upon a vehicle for transportation to a solid waste facility, with a minimum of twenty (20) cubic yards' capacity, of a design approved by the Public Works Director, and furnished by a collector.

(q)

"Finance Director" means the Finance Director of the City of Modesto or his/her designee.

(r)

"Garbage" means putrescible kitchen and table food waste and animal, fish, food, fowl, fruit or vegetable matter, or any portion thereof, resulting from the storage, preparation, cooking, or handling of food stuffs, or any other material contaminated by or rendered useless because of contact with any putrescible matter, except that garbage shall not include cannery or food processing wastes as defined in subsection (c), industrial garbage as defined in subsection (w), or swill as defined in subsection (ap) of this section.

(s)

"Garbage/recyclables" means garbage and recyclables commingled in the same container. Garbage/recyclables shall also include rubbish when said rubbish is included in the same container.

(t)

"Hazardous substance or hazardous wastes" means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the State of California in the Health and Safety Codes 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 and all future amendments thereto.

(u)

"Household hazardous waste" means hazardous waste generated at a residential location within the City.

(v)

"Industrial areas" means areas which are zoned industrial by the City's Zoning Code.

(w)

"Industrial garbage" means garbage produced by any person, firm or corporation engaged in the business of processing or manufacturing agricultural products, animals, poultry, goods, wares or other products or materials, who processes or manufactures the same for the purpose of wholesale in processed or manufactured form, and shall include cannery/food processing waste. Industrial garbage also means garbage produced by any person, firm or corporation engaged in the business of building construction and/or building demolition.

(x)

"Industrial garbage collector" means an agent or employee of the City, or any person, or the employees thereof, with whom an agreement shall have been entered under the terms of this chapter for the collection of industrial garbage.

(y)

"Initial term and any extensions" means the term of a service agreement and any extensions beyond that time period as established by the City Council.

(z)

"Large green waste" means shrubbery, brush, tree limbs, tree branches, tree trimmings and similar material, excluding tree limbs larger than six (6) feet in length or six (6) inches in diameter, and any single piece of large green waste weighing more than fifty (50) pounds.

(aa)

"Organic Waste" means food waste, nonhazardous wood waste, and paper waste.

(ab)

"Organic recycling container" means an organic recycling retainer to be used for the separate collection and recycling of small green waste and organic waste. Organic recycling container shall also mean a detachable or other container as approved by the Public Works Director, used for the collection and recycling of small green waste from commercial or other customer classes.

(ac)

"Place" or "Premises" means every dwelling house, dwelling unit, apartment house or multiple-dwelling building, trailer or mobile home park, store, restaurant, rooming house, hotel, motel, hospital, office building, department store; manufacturing, processing or assembling shop or plant; warehouse; and every other property or building where any person resides or any business or activity is carried on or conducted within the City of Modesto.

(ad)

"Property value" means a worth to the extent that a person will collect the materials involved with compensation to the owner or producer, or at no cost to the owner or producer.

(ae)

"Public Works Director" means the Public Works Director of the City of Modesto and his/her duly authorized agent.

(af)

"Recyclable materials" means domestic, commercial or industrial by-products which may have an economic value if recycled, which may be source separated, set aside, handled, packaged or offered for collection by the residence/business. Recyclables include, but are not limited to, glass, newspaper, plastics, metal, bi-metal, aluminum, and other materials.

(ag)

"Recyclables" means recyclable materials.

(ah)

"Recycling" means the process of collecting, sorting, cleansing, treating, reconstituting, and/or marketing recyclable materials which would otherwise be disposed of in a landfill. The collection, transport or disposal of solid waste which is not intended for, or capable of being, reused, shall not be construed to be recycling.

(ai)

"Recycling collector" means a person, firm, organization or company which the City has authorized to provide recycling service in the City.

(aj)

"Recycling container" means any container provided by an authorized recycling collector to a customer for the purpose of segregating recyclable materials for collection by collector. Recycling containers shall be clearly marked to indicate purpose and to warn that theft of the container, theft of its contents, or diversion for uses other than by the collector are punishable under this Code.

(ak)

"Removal" means transportation and disposal of solid waste by noncustomers in accordance with the provisions of this chapter.

(al)

"Residential premises" means any dwelling unit; the occupant of which places his/her solid waste in a standard container.

(am)

"Rubbish" means nonputrescible, useless, unused, unwanted or discarded material or debris, either combustible or noncombustible, which by their presence may injuriously affect the health, safety and comfort of persons and property in the vicinity thereof.

(an)

"Salvageable waste" means matter and material which will be reused and which has a property value.

(ao)

"Service area" means the area of the City to be served by a collector as described in the service agreement between City and collector.

(ap)

"Small green waste" means leaves, weeds, grass clippings, vines, twigs and other similar soft vegetative materials, and woody prunings from trees no longer than two (2) foot length or six (6) inches in diameter, except that small green waste shall not include large green waste or leaves separated and set out for collection between November 1 and December 31 of each year pursuant to Article 11 of Chapter 7 of Title 4 of this Code.

(aq)

"Solid waste" means all putrescible and nonputrescible solid, semisolid and liquid waste accumulated or delivered for collection and disposal within the City and includes, but is not limited to, construction debris, demolition debris, bulky waste, and small green waste. Solid waste does not include hazardous waste or household hazardous waste, designated waste, infectious waste, recyclable materials when recycled, sewage, or abandoned automobiles.

(ar)

"Solid Waste Enforcement Officer" means the Solid Waste Enforcement Officer of the City of Modesto.

(as)

"Standard container" means a plastic container, watertight and with a close-fitting cover, of not less than sixty (60) nor more than ninety (90) gallons' net capacity of a design satisfactory to the Public Works Director, or such other disposal unit approved by the Public Works Director, and supplied by the solid waste collector to its residential customers. The Public Works Director shall make the determination of what size container a residential customer receives.

(at)

"Swill" means all classes of putrescible, animal, fish, fowl, fruit or vegetable matter, and shall include matter or substances used in the preparation, cooking, dealing in or storage of meats, fowl, fish, fruits and vegetables that are subject to immediate decay and the attraction of flies or rodents, and having a property value.

(au)

"Swill collector" means an agent or employee of the City, or any person, or the agents, assignees, or employees thereof, with whom an agreement shall have been entered under the terms of this chapter for the collection of swill.

(av)

"Term" means the length of an agreement entered under the terms of this chapter.

(Formerly 5-5.02, Ord. 30-C.S., as amended by Ord. 388-C.S., Ord. 1095-C.S., Ord. 1196-C.S., Ord. 2194-C.S., § 1, Ord. 2595-C.S., § 1, Ord. 2611-C.S., § 1, Ord. 2938-C.S., § 1, Ord. 3018-C.S., § 1, Ord. 3067-C.S., § 1, Ord. 3129-C.S., § 3, Ord. 3365-C.S., § 2 and Ord. 3396-C.S., § 1, formerly 5-5.03, amended by Ord. 3471-C.S., § 1)

(Ord. 3634-C.S., § 1, effective 10-1-15)