§ 8.12.110. Definitions.

Except as otherwise provided herein, the following words and phrases shall be interpreted consistent with the definitions set forth in Public Resources Code commencing with Section 40100, the Health and Safety Code commencing with Section 25110, and Title 14 California Code of Regulations commencing with Section 17225.

"Act" means the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000 et seq.) and all regulations adopted under that legislation, as may be amended from time to time.

"Agricultural byproducts" means agricultural solids wastes as defined in Title 14 California Code of Regulations Section 17225.3.

"Board" means the board of supervisors of the county.

"Bulky waste" means and includes, but not by way of limitation, discarded white goods i.e., major household appliances, furniture, tires, carpets, mattresses and similar large items.

"Buy-back center" means a facility which pays a fee for the delivery and transfer of ownership to the facility of source-separated material for the purpose of recycling or composting.

"Cardboard" means post-consumer waste paper grade corrugated cardboard (#11), brown paper bags or solid fiber boxes which have served their packaging purpose and are discarded and can later be reclaimed for collection and recovery for recycling.

"Cleanup people" means those individuals or firms exclusively providing solid waste cleanup and removal services at residential, commercial, industrial or institutional locations.

"Collection" means the act of collecting solid waste materials or recyclables at residential, commercial, industrial or governmental sites and hauling it to a facility for processing, transfer, disposal or burning.

"Collection vehicle or equipment" means any vehicle or equipment used in the collection of residential, commercial, industrial or governmental solid waste or recyclables.

"Collector" means any person who operates a service route or provides service and is directly or indirectly reimbursed for the collection, transportation and disposal or recycling of solid waste or recyclables from residential, commercial or industrial premises in the unincorporated area of San Luis Obispo County.

"Compost" means the product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility. Compost includes vegetable, yard and wood waste which is not hazardous waste.

"Composting facility" means a permitted solid waste facility at which composting is conducted and which produces compost.

"Construction and demolition waste" means the residual building materials, packaging and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses, commercial buildings and other structures.

"Container" means any bin, vessel, can or receptacle used for collecting solid waste or recyclables for removal, whether owned by the collector, property owner or tenant.

"County" means the unincorporated territory of the County of San Luis Obispo.

"Curbside collection" means the collection of recyclables or solid waste from a location adjacent to the street or alleyway.

"Disposal facility" means any facility or location where disposal of solid waste occurs. The disposal facility includes the place, location, tract, area or premises in use, intended to be used or which have been used for the disposal of waste.

"Disposal site" means the place, location, tract, area or premises in use, intended to be used or which has been used for the disposal of waste.

"Fiscal year" shall mean the period of time beginning on July 1st of one calendar year and ending on June 30th of the following calendar year.

"Food waste" means all institutional, residential and commercial food product waste.

"Franchise" means the right and privilege in accordance with a franchise agreement (a) to collect; (b) to transport to a landfill or other permitted disposal facility; and/or (c) to recycle, from collected solid waste and recyclables, all solid waste kept, generated and/or accumulated within the county from the franchise area.

"Franchise fee" means the fee or assessment imposed by the county on a franchisee because of his or her status as a franchisee. The term franchise fee does not include (a) any tax, fee or assessment of general applicability including any such tax, fee or assessment imposed on both businesses and contractor or their services; or (b) requirement reimbursements, charges or fees incident to the awarding, administering, enforcing, transfer or renewal of a franchise including payments of bonds, consultant, administrative expenses, fees described in the county fee ordinance for this chapter, attorney fees, security funds, letters of credit, insurance, indemnification, penalties or liquidated damages.

"Garbage" means the putrescible animal, fish, fowl, food, fruit, bakery goods or vegetable matter resulting from the preparation, storage, processing, handling, decay, distribution, manufacturing or consumption of such substance except suet, tallow, bones or meat trimmings that are not rejected by the owner or producer as worthless or useless.

"Glass bottles and jars" means food and beverage glass containers including container glass covered by the deposit law and excluding household and kitchen containers such as drinking glasses, cups and cooking and serving dishes.

"Greenwaste" means all grass clippings, leaves, branches and tree trunks and other yard waste generated by residents and placed at the curb.

"Hazardous waste" means any waste material or mixture of waste which is toxic, corrosive, flammable, or reactive if such a waste or mixture of waste may cause injury, illness or harm to humans, animals, or the environment during or as an approximate result of any disposal of such waste or mixture of waste as defined in Article 2 Chapter 6.5 Section 25117 of the Health and Safety Code and Public Resource Code Section 40141.

"Health officer" means the duly appointed director of the county health agency or his or her duly authorized representative.

"Industrial solid waste" means solid waste originating from mechanized manufacturing facilities, factories, refineries, construction and demolition projects, publicly operated treatment works and/or solid waste placed in commercial collection bins.

"Inert" means materials such as concrete, soil, asphalt, ceramics, earthen cooking ware, automotive safety glass and mirrors.

"Landfill" means a disposal site at which solid waste is deposited and compacted before burial in a specially prepared area which provides for environmental monitoring and treatment.

"Litter" means all improperly discarded waste material, including but not limited to, convenience food, beverage and other product packages or containers constructed of steel, aluminum, glass, paper, plastic and other natural and synthetic materials thrown or deposited on the lands and waters of the state but not including the properly discarded waste of the primary processing of agriculture, mining, logging, saw milling or manufacturing pursuant to California Code of Regulations Title 14 Section 17225.42.

"Local enforcement agency" means the agency which has been certified by the California Integrated Waste Management Board as a comprehensive solid waste management agency which performs inspection, enforcement and permitting duties in all jurisdictions within San Luis Obispo County. The current local enforcement agency is the county health agency.

"Manure" means excreta from chickens, horses, cattle and other animals.

"Medical solid waste" means waste which is not biohazardous, such as paper towels, paper products, articles containing nonfluid blood and other medical solid waste products commonly found in the facilities of medical waste generators pursuant to California Health and Safety Code, Section 25023.8.

"Medical waste" means biohazardous waste, sharps waste, waste which is generated or produced, as a result of the diagnosis, treatment or immunization of human beings or animals, in research pertaining thereto or in the production or testing of biologicals pursuant to California Health and Safety Code, Section 25023.2.

"Multifamily dwelling" means a structure or structures containing a total of three or more dwelling units in any vertical or horizontal arrangement on a single lot or building site that shares common solid waste storage.

"Newspaper" means materials printed on newsprint also known as old newspaper or ONP.

"Nuisance" means anything which is injurious to human health or is indecent or offensive to the senses and interferes with the comfortable enjoyment of life or property.

"Occupant" means every owner, tenant or person having the care or control of any property or premises.

"Office building" means any office and/or combination of offices enclosed in a single or connected buildings used for commercial, governmental or educational purposes.

"Office paper" means waste paper grades of computer, white and colored ledgers, including forms, copy paper, stationery and other papers generally associated with office activity.

"Office recyclables" means office paper, corrugated cardboard, newspaper and aluminum and other recyclables.

"Operator" means the person to whom the approval to operate a disposal site, transfer or processing station, composting facility or collection service is granted.

"Permit area" means an area in which a permittee is allowed to operate pursuant to a permit issued by the health officer or by the LEA.

"Permittee" means a person or corporation who has been granted a permit as prescribed in this chapter to engage in the collection, transportation, transfer, processing, recycling, composting or disposal of solid waste or recyclables within the county.

"Person" means any individual, firm, association, partnership, political subdivision, government agency, municipality, public or private corporation or any other entity whatsoever.

"Plastic containers" means containers marked to identify their composition as polyethylene terephthalate (PET No. 1), natural or color high density polyethylene (HDPE No. 2), polyvinyl chloride or vinyl (PVC No. 3), low density polyethylene (LDPE No. 4), polypropylene (PP No. 5), polystyrene (PS No. 6), or any other resin (OTHER No. 7) that may be used for containing milk, juice, water, detergent or other household products.

"Pollution" means the condition caused by the presence in or on a body of water, soil or air of any solid waste or substance derived therefrom in such quantity of such nature and duration or under such condition that the quality, appearance or usefulness of the water, soil, land or air is significantly degraded or adversely altered.

"Premises" means a tract or parcel of land with or without habitable buildings or appurtenant structures.

"Processing" means the reduction, separation, recovery, conversion or recycling of solid waste.

"Processor" means any person regularly engaged in the processing and/or recycling of solid wastes.

"Putrescible waste" means organic material with a decomposition capacity to emit noticeable quantities of odor and gaseous byproducts. Material in this category includes but is not limited to kitchen waste, dead animals, and food waste.

"Radioactive waste" means any waste which exceeds regulatory levels of activity as defined in Chapter 7 of the California Health and Safety Code.

"Ranch or farm" means property which lies within a zone classification of agricultural or rural lands which is devoted primarily to commercial agricultural purposes, directly related to the growing of crops or animals for the primary purpose of making a profit or for a livelihood.

"Recyclables" means aluminum, glass bottles and jars, paper, newspaper, cardboard, plastic containers, tin and bimetal, white goods, yard or green waste and other materials which can be processed and returned to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.

"Removal" means the act of taking solid waste, recyclables or recoverable material from the place of generation either by an approved collector or by a person in control of the premises.

"Removal frequency" means the frequency of removal of solid waste or recyclables from the place of generation.

"Residential service" means collection of all types of domestic garbage and rubbish which originate in residential dwellings.

"Residential solid waste" means solid waste originating from single family or multifamily dwellings.

"Roll-off box," also called a drop box, means an open top, movable container in which primarily nonputrescible solid waste such as construction and demolition debris or nonputrescible recyclables are stored until removed from the premises.

"Rubbish" means nonputrescible solid waste such as ashes, paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, plastics, rubber byproducts or litter.

"Rural container station" means a solid waste facility where moveable bins are maintained for solid waste disposal by individuals.

"Salvaging" means the controlled and/or authorized storage and removal of solid waste, recyclables or recoverable material.

"Scavenging" means the uncontrolled and/or unauthorized removal of solid waste, recyclable or recoverable materials.

"Segregation of waste material" means the placement of recyclables in separate containers, the binding of recyclable materials separately from the other waste or the physical separation of recyclables from other waste materials.

"Single-family dwelling" means a structure containing a single dwelling unit.

"Solid Waste" means all putrescible and nonputrescible solid, semisolid and liquid waste such as garbage, rubbish, paper, ashes, industrial waste, demolition and construction waste, 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 waste, including liquid waste disposed of in conjunction with solid waste at a solid waste transfer/processing station or disposal site but excluding materials or substances having commercial value which have been salvaged for reuse, recycling, composting, or resale.

"Solid waste bin" means a covered or fully enclosed movable container, in which putrescible and non-putrescible solid wastes or recyclables are stored until removed from the premises, including but not limited to privately owned or proprietary bins, enclosed roll-off type bins or compactor roll-off type bins.

"Solid waste facility" means a disposal site, composting facility, transfer or processing station, incinerator or any facility specified in the Public Resources Code Section 40194.

"Solid waste handling" means the storage, collection, transportation, treatment, utilization, processing and/or disposal of solid wastes.

"Solid waste management" means a planned program for effectively controlling the storage, collection, transportation, processing, recycling, reuse, conversion or disposal of solid waste in a safe, sanitary, aesthetically acceptable, environmentally sound and in an economical manner. It includes all administrative, financial, environmental, legal and planning functions as well as the operational aspects of solid waste handling, disposal, litter control and resource recovery systems necessary to achieve established objectives.

"Source separation" means the separation, at the place of generation or production, of wastes and resources for separate collection, processing, recycling, reuse, recovery or disposal.

"Storage" means the interim containment of solid waste materials and recyclables in an approved manner after generation and prior to disposal.

"Tin and bimetal cans" means any food or beverage containers which are composed of steel with a tin coating or are composed of steel and aluminum.

"Tote box" means an uncovered plastic box varying in size and capacity used to contain recyclable materials.

"Transfer or processing station" means a facility utilized to receive solid waste or recyclables and to temporarily store, separate, convert or otherwise process solid waste or recyclables.

"Transporter" means any person providing solid waste hauling service who transports said solid waste through the unincorporated areas of San Luis Obispo County.

"Vector" means a carrier, usually an insect or a rodent, which is capable of transmitting a disease.

"Waste wheeler" means a covered plastic bin varying in size and capacity equipped with wheels or casters. Such bins may be used for putrescible and nonputrescible waste or recyclable materials.

"White goods" means kitchen or other large appliances.

"Wood waste" means lumber and wood products.

"Yard waste" means leaves, grass, weeds, and wood materials from trees and shrubs.

(Ord. 2605 § 1 (part), 1993: Ord. 2604 § 1 (part), 1993)