§ 8.28.010. Definitions.

For the purpose of this Chapter, certain words and phrases are defined and certain provisions shall be construed as herein set out, unless it shall be apparent from the context that they have a different meaning:

"Bulky goods" means materials such as, but not limited to, stoves, refrigerators, water heaters, washing machines, clothes dryers, small air conditioning units, other large and small household appliances, including appliances containing freon, furniture, carpets, tires, wood, household items, tires with or without rims, mattresses, clothing, large plant debris, and corrugated cardboard.

"City" means the City of Oakland, and such territory outside the City over which the City has jurisdiction or control by virtue of any constitutional or statutory provision.

"City Administrator" means the City Manager of the City of Oakland; further provided, that the use of the title of any officer or to any office shall refer to such officer or office of the City of Oakland.

"Collect" or "collection" means to pick up discarded material.

"Commercial" means of or pertaining to a business establishment and/or industrial facility including, but not limited to, governmental, religious, and educational facilities.

"Commercial recycler" means a person who or entity that has complied with the requirements of the City to collect and transport recyclable materials from commercial entities in the City.

"Construction and demolition debris" means materials resulting from construction, remodeling, repair or demolition operations on any house, residential property, commercial building, pavement or other structure for which the City requires a building or demolition permit, or from a non-permitted municipal project. Construction and demolition debris includes but is not limited to rocks, soils, tree remains and other plant debris which results from land clearing or land development operations in preparation for construction.

"Container" means a bin, cart, roll-off box, compactor or other vessel approved by the City for use in containing materials set out for collection.

"Customer" means the person subscribing to collection services.

"Director" means the person or persons designated by the City Administrator to administer this Chapter. The City Administrator may designate multiple persons to administer individual provisions of this Chapter.

"Discarded material" means garbage, mixed materials, recyclable materials, organics or bulky goods generated at a premises and placed in a manner and location that is designated for collection.

"Disposal" or "dispose" means the disposition of mixed materials, solid waste, and residue at the disposal facility, or (a) the placement of any materials collected in landfills, including as "beneficial reuse" as defined by California Code of Regulations Title 27, Chapter 3, Article 1, Section 20686 (as it may be amended from time to time); or (b) disposition to "incinerators" as defined by Alameda County Waste Reduction and Recycling Initiative Charter Amendment (Measure D) SUBSECTION 64.150 T (as it may be amended from time to time).

"Disposal facility" means the sanitary landfill, or other solid waste disposal facility, utilized for the receipt and final disposition of some or all of the mixed materials, garbage and residue collected or accepted.

"Divert", "diverted," or "diversion" means the avoidance of (a) disposition in a landfill including as "beneficial reuse" as defined by California Code of Regulations Title 27, Chapter 3, Article 1, Section 20686 (as it may be amended from time to time); (b) "transformation" as defined by Public Resources Code Section 40201 (as it may be amended from time to time); or (c) disposition to "incinerators" as defined by Alameda County Waste Reduction and Recycling Initiative Charter Amendment (Measure D) SUBSECTION 64.150 T (as it may be amended from time to time).

"Dwelling unit" means any individual living unit that includes a kitchen, and a room or suite of rooms, and is designed or occupied as separate living quarters for an individual or group of individuals. Dwelling units include live/work units, as defined by Oakland Planning Code Section 17.65.160 (as it may be amended from time to time). Dwelling units do not include work/live units, as defined by Oakland Planning Code Section 17.65.150, which are considered commercial.

"E-waste" means waste that is powered by batteries or electricity, such as computers, telephones, answering machines, radios, stereo equipment, tape players/recorders, phonographs, videocassette players/recorders, compact disc players/recorders, calculators and other items that the California Department of Toxic Substances Control has determined, or determines in the future, to be a covered electronic device under Public Resources Code Section 42463 (as it may be amended from time to time).

"Finance Officer" means the City revenue representative designated by the City Administrator.

"Fixed body vehicle" means any wheeled motor vehicle that does not rely on a roll-off box or other detachable container to collect, contain and transport material.

"Generator" means a person, commercial business or any other entity that produces solid waste, mixed materials, organic materials, bulky goods or recyclable materials.

Hazardous Waste.

1.

"Hazardous waste" means any hazardous waste, material, substance or combination of materials which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or may pose a substantial present or potential risk to human health or the environment when improperly treated, stored, transported, disposed or otherwise managed; and which requires special handling under any present or future federal, state or local law, excluding de minimis quantities of waste of a type and amount normally found in residential discarded material 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 they may be amended from time to time).

2.

"Hazardous waste" shall include but not be limited to: (a) substances that are toxic, corrosive, inflammable or ignitable; (b) petroleum products, crude oil (or any fraction thereof) and their derivatives; (c) explosives, asbestos, radioactive materials, toxic substances or related hazardous materials; and (d) substances defined-, regulated or listed (directly or by reference) by applicable local, state or federal law as "hazardous substances," "hazardous materials," "hazardous wastes," "pollutant," "reproductive toxins," "toxic waste" or "toxic substances" or similarly identified as hazardous to human health or the environment, including those so defined in or pursuant to any of the following statutes: i) the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") of 1980, 42 USC Section 9601 et seq. (CERCLA); (ii) the Hazardous Materials Transportation Act 49 USC Section 1802, et seq.; (iii) the Resource Conservation and Recovery Act, 42 USC Section 6901 et seq.; (iv) the Clean Water Act, 33 USC Section 1251 et seq.; (v) California Health and Safety Code Section 25115-25117, 25249.8, 25281 and 25316; (vi) the Clean Air Act, 42 USC Section 7901 et seq.; (vii) California Water Code Section 13050; and (viii) all rules and regulations adopted and promulgated pursuant to such statutes and subsequently enacted amendments to or recodifications of such statutes and any regulations subsequently adopted or amended pursuant to these statutes, as well as any subsequently enacted or amended federal or California statute relating to the use, release or disposal of toxic or hazardous substances, or to the remediation of air, surface waters, groundwater, soil or other media contaminated with such substances or any other hazardous or toxic substance, material, chemical, waste or pollutant identified as hazardous or toxic or regulated under any other applicable federal, state or local environmental laws currently existing or hereinafter enacted, including, without limitation, friable asbestos, polychlorinated biphenyl's ("PCBs"), petroleum, natural gas and synthetic fuel products and by-products.

"Material recovery facility" means any facility approved by the City that is designed, operated and legally permitted for the purpose of receiving and processing recyclable materials, organic materials or mixed materials.

"Medical waste" means all materials defined as medical waste in the California Health & Safety Code Section 25023.2, not including waste identified as not being medical wastes in Sections 25023.5 and 25023.8, or the regulations promulgated thereunder, as amended from time to time.

"Mixed materials" means all materials that are set out by the service recipient for collection by the MM&O collector or self-hauled pursuant to Section 8.28.115, excluding items that are source separated. Mixed materials do not include items defined herein as construction and demolition debris or unacceptable waste.

"Mixed materials and organics collector" or "MM&O collector" means the collector that has entered into a MM&O contract with the City to be the exclusive provider of MM&O collection services.

"MM&O contract" means the agreement between the City and the MM&O collector authorizing the MM&O collector to provide MM&O collection services.

"Multi-family dwelling" or "MFD" means any residential structure with five or more living units including any flat, apartment, condominium, town home, service-enriched housing or other residence and other dwelling units in detached buildings and excluding a hotel, motel, dormitory, sheltered nursing facility, rooming house or other such similar facility as determined by the City.

"Organic materials" or "organics" means plant debris, food scraps, compostable food ware, compostable food containers, compostable paper, horse stable matter and other material that are source separated for collection or for self haul pursuant to Section 8.28.115. Organic materials do not include items herein defined as construction and demolition debris or unacceptable waste.

"Owner" means the person or persons holding legal title to a premises.

"Person" means an individual, association, partnership, corporation, joint venture, the United States, the State of California, any municipality or other political subdivision thereof, or any other entity whatsoever.

"Premises" means any land or building in the City where solid waste, organic materials, bulky goods, and/or recyclable materials are generated or accumulated.

"Processing" means an operation or series of operations, whether involving equipment, manual labor, or mechanical or biological processes that sorts, enhances, upgrades, concentrates, decontaminates, packages or otherwise prepares recyclable materials, organic materials, mixed materials or bulky goods and returns marketable elements thereof to the economic mainstream in the form of raw material for new, reused or reconstituted products.

"Processing facility" means a facility approved by the City which is designed, operated and legally permitted for the purpose of receiving and processing collected materials.

"Recyclable materials" means those materials that are source separated for the purposes of being reused or processed into other usable forms, whether the recyclable materials are discarded, donated or sold.

"Residential recycling collector" or "RR collector" means the collector that has entered into a RR contract with the City to be the exclusive provider of residential recycling collection services.

"Residue" or "residual" means materials remaining after the processing of mixed materials, recyclable materials, organic materials or bulky goods which cannot reasonably be diverted.

"RR contract" means the agreement between the City and the RR collector authorizing the RR collector to provide RR collection services.

"Service recipient" means a person receiving collection services.

"Single-family dwelling" or "SFD" means a detached or attached residence containing four or fewer dwelling units when each dwelling unit is designed or used for occupancy by one or more individuals.

"Solid waste" means and includes all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, 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 as defined in California Public Resources Code Section 40191, as that section may be amended from time to time, and includes recyclable materials and organics that have not been source separated Solid waste does not include abandoned vehicles and parts thereof, hazardous waste or low-level radioactive waste, medical waste, or unacceptable waste.

"Source separated" means materials that have been segregated from mixed materials or solid waste by or for the generator at the premises at which they were generated for diversion. This does not require that different types of recyclable commodities be separated from each other, except from organic materials.

"Transfer station" means a facility with all appropriate permits utilized to receive collected materials, to temporarily store the collected materials, and to transfer the collected materials to a processing or disposal facility as appropriate.

"Unacceptable waste" means any and all waste, including but not limited to hazardous waste, household hazardous waste and medical waste, the acceptance or handling of which by collector would cause a violation of any permit condition or legal or regulatory requirement, damage or substantial damage to collector's equipment or facilities, or present a substantial endangerment to the health or safety of the public or collector's employees; provided, that de minimis quantities or waste of a type and amount normally found in solid waste or mixed materials after implementation of programs for the safe collection of household hazardous waste shall not constitute unacceptable waste.

"Universal waste" or "u-waste" means waste that the California Department of Toxic Substances Control ("DTSC") considers universal waste (California Code of Regulations Title 22, Div 4.5, Ch 23), including materials such as batteries, thermostats, lamps, cathode ray tubes, computers, telephones, answering machines, radios, stereo equipment, tape players/recorders, phonographs, video cassette players/recorders, compact disc players/recorders, calculators, some appliances, aerosol cans, fluorescent lamps and certain mercury-containing devices.

(Ord. No. 13314, § 1, 6-22-2015)