§ 6-3.02. Definitions.

For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Approved disposal area" shall mean any site, location, tract of land, area, building, structure, or premises authorized by law as a place for disposal, processing, or reclamation of discards.

"Bin" shall mean a discards container which may possess a fire resistant lid, the top of which shall not exceed seventy-two (72″) inches in height from the surface of the ground, and have a capacity of at least one and one-half (1 1/2) cubic yards but not more than four (4) cubic yards.

"City" shall mean the City of Simi Valley.

"City Manager" shall mean the City Manager of the City of Simi Valley or the designee of the City Manager.

"Collector" shall mean, depending upon the context in which used, either the City, another local agency, or a franchisee or licensee.

"Commercial customer" shall mean any individual, entity, group, school, business, industry, or construction site, responsible for the removal of discards, using a bin at commercial rates or roll-off drop box for at least weekly collection of discards.

"Compost" shall mean the product resulting from the controlled biological decomposition of organic wastes that are source separated from the discards stream.

"Compostables" shall mean yard waste and wood waste as defined herein.

"Container" shall mean any receptacle meeting the minimum container standards as set forth in the discards franchise agreements and approved by the City.

"Council" shall mean the City Council of the City of Simi Valley.

"Director" shall mean the Director of the Department of Community Services of the City of Simi Valley or the designee of the Director of the Department of Community Services.

"Discards" shall mean solid wastes, compostables, recyclables (including but not limited to source separated recyclables), which have been abandoned or discarded and placed for collection by the owner of such material or their agent for collection by the City's franchised or licensed collector.

"Franchise" shall mean the right and privilege: (1) to collect, (2) to transport to landfill or other licensed disposal facilities as determined by City, and/or (3) to recycle discards kept, generated, and/or accumulated within the City from the franchise service area. Any franchise is subject to all of the provisions of Title 6, Chapter 3, the franchise agreement, and to any rights held by any other solid waste enterprise holding rights pursuant to Public Resources Code Section 49520.

"Franchise fee" shall mean the fee or assessment imposed by the City on collector solely because of its status as collector. A collector awarded a franchise and subject to a franchise fee may be exempt from paying City business taxes by the City Council.

The term "franchise fee" does not include:

(1)

Any tax, fee, or assessment of general applicability (including any such tax, fee, or assessment imposed on both businesses and collector or their services but not including a tax, fee, or assessment which is unduly discriminatory against collector or its customers); and

(2)

Requirements, reimbursements, charges, or fees incident to the awarding, administering, enforcing, transfer, or renewal of a franchise including payments of bonds, consultants, administrative expenses, attorney's fees, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages.

"Garbage" shall mean any putrescible substance, including, but not limited to, animal feces, dead animals, wastes from any food preparation, or foodstuffs.

"Gross Revenues" shall mean any and all revenue or compensation in any form derived directly and indirectly by the collector, its affiliates, subsidiaries, parents, and any person or entity in which the collector has a financial interest, from the collection of discards pursuant to a franchise, including, but not limited to, monthly customer fees for collection of discards, special pickup fees, bin and drop box rental and collection fees, fees for redelivery of bins and drop boxes, and revenue from the sale of recyclables (excluding Service Area A collector as identified in the Discard Franchise Agreements), without subtracting franchise fees or any other costs of doing business. The amount of gross revenues may be reduced by the amount of any bad debts incurred by the collector or refunds returned to customers; provided, that the revenue with respect thereto has been included in the computation of gross revenues.

"Hazardous waste" shall mean any compound, mixture, substance, or article which, if improperly used, handled, transplanted, processed, or stored, may constitute a hazard to health or may cause damage to property and contaminate the water table by reason of being explosive, flammable, poisonous, corrosive, radioactive, or otherwise harmful to the environment, including wastes or solid waste defined as hazardous under State or Federal law.

"Householder" shall mean an occupant or possessor of improved real property in which that person resides.

"May" shall mean that which is permissive.

"Multifamily residential customer" shall mean an apartment, condominium, or townhome complex or mobile home park for which the conditions, covenants, and restrictions or other operating documents of such complex or park require group rather than individual discards collection.

"Person" shall mean a natural person, or an artificial being which includes corporations, partnerships, or one that is recognized by law as the subject of rights and duties.

"Recyclable collector" shall mean any person who collects recyclable commodities.

"Recyclable commodity" shall mean any material that would otherwise become solid waste which is diverted from the solid waste stream for the purpose of recycling and/or composting and is donated or sold to a recyclables collector and not discarded by the owner. Recyclable commodities shall be considered discards if the recyclables collector charges the owner for removal or recycling the commodity.

"Recyclables" or "recyclable materials" shall mean those waste materials generated on or emanating from residential, commercial, or industrial premises that are retained for recycling and/or composting. Such materials may include, but are not limited to, aluminum cans, bimetal cans, cardboard, glass containers, metal, plastic containers, newspaper, and paper.

"Recyclables collector" shall mean any person licensed by the City to collect recyclable commodities.

"Residential customer" shall mean single-family residences and any other residences that do not contract for bin services at commercial rates.

"Roll-off drop box" shall mean a box with a roll-off body or compactor with a capacity of at least ten (10) cubic yards, designed for mechanical pick-up by a vehicle.

"Shall" shall mean that which is mandatory.

"Solid waste" shall mean all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage; trash; refuse; paper; rubbish; ashes; industrial wastes; demolition and construction debris; 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 hazardous waste.

"Subscriber" shall mean any person or business who contracts discards collection services.

"Yard waste" shall mean materials generated from the maintenance or alteration of public, commercial, or residential landscapes including yard clippings, tree trimmings, prunings, brush, and weeds.

"Wood waste" shall mean any wood product which is not yard waste and is free of contamination by metal, paint, or other materials.

(§ 1, Ord. 792, eff. April 15, 1993, as amended by § 1, Ord. 990, eff. January 18, 2001, § 1, Ord. 1029, eff. November 28, 2002, § 1, Ord. 1051, eff. December 15, 2003)