§ 58-7. Definitions.
The words, terms and phrases, when used in this chapter shall have the meanings ascribed to them in this section, except where context clearly indicates a different meaning:
Accumulations means the collection, piling, heaping and storage of waste, garbage, trash or other material that may create a nuisance affecting the health, safety and welfare of the community.
Biological waste means solid waste that causes or has the capability of causing disease or infection and includes, but not limited to, biomedical waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals. The term does not include human remains that are disposed of by persons licensed under F.S. ch. 470, "Funeral Directing, Embalming and Direct Disposition."
Bulk trash means any non-vegetative item which cannot be containerized, bagged, or bundled; including, but not limited to, inoperative and discarded white goods, furniture, and similar domestic goods.
City means the City of Polk City.
Clean debris means any solid waste which is virtually inert and which is not a pollution threat to ground water or surface waters and is not a fire hazard and which is likely to retain its physical and chemical structure under expected conditions of disposal or use. The term includes uncontaminated concrete, including embedded pipe or steel, brick, glass, ceramic and other wastes designated by the state department of environmental protection.
Collection specifications means those items which are outlined in the normal and uniform level of service of the solid waste contract or as noted in this chapter. Commercial service means the service provided to business establishments, churches, schools, office buildings, hotels and other nonresidential establishments using either mechanical containers or other approved containers.
Commercial waste means any and all accumulations of paper, rags, excelsior or other packing materials, wood, paper, cardboard boxes or containers, sweepings and other accumulation not included under the definition of garbage, generated by the operation of stores, offices and other business places. Commercial trash will include furniture, appliances and all other accumulations not included within the definition of garbage, and shall be included in the uniform level of service if properly prepared, consistent with the contract for solid waste collection and this chapter.
Compactor means any container which has compaction mechanism(s), whether stationary or mobile, all inclusive.
Construction and demolition debris means materials generally considered to be not water soluble and nonhazardous in nature, including but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum, wall board and lumber from the construction or demolition project, and including rocks, soils, tree remains, trees and other vegetative matter which normally results from land clearing or land development operations for a structure at a site remote from the construction or demolition project site. Mixing of construction and demolition debris with other types of solid waste, including material from a construction or demolition site, which is not from actual construction or destruction of a structure, will cause it to be classified as other than construction and demolition debris.
Container means a thing that contains and holds solid waste or recovered materials for collection such as carts, dumpsters, bins, boxes, crates and cans or a cart or dumpster designed or intended to be mechanically dumped or loaded. Contractor means the contractor for the city who has a current solid waste, recycling and yard waste collection franchise or service agreement with the city. Curbside means the designated physical location for the placement of solid waste accumulations and containers intended for residential service collection and disposal. This designated location shall be as near as possible to the traveled streets or alley within five feet of the curb right-of-way.
Disposal means the discharge, deposit, injection, jumping, spilling, leaking or placing of any solid waste or hazardous waste into or upon any land or water so that such solid waste or hazardous waste or any constituent thereof may enter other lands or be emitted into the air or discharged into any waters, including ground water or otherwise enter the environment.
Dumpster means a detachable container used for commercial service and designed or intended to be mechanically dumped into a loader/packer type truck used by the compactor. Dumpster sizes shall range from two cubic yards to eight cubic yards.
Garbage means all putrescible waste which generally includes but is not limited to kitchen and table food waste, or any organic waste that is attendant with or results from the storage, preparation, cooking, or handling of food materials whether attributed to residential or commercial activities. All garbage shall be containerized and not commingled with yard waste. Garbage shall not include any material that falls within the definition of special waste.
Generation means the act or process of producing solid or hazardous waste.
Hauler or franchisee means any person collecting recyclable or other solid waste materials within the incorporated areas of the city or transporting solid waste materials collected within the incorporated areas of the city.
Hazardous substance means any substance which is defined as a hazardous substance in the United States Comprehensive Environmental Response, Compensation and Liability Act of 1980, 94 stat. 2767.
Household trash means accumulations of paper, magazines, packaging, containers, sweepings and all other accumulations of a nature, other than garbage or yard waste, which are usual to housekeeping and to the operations of stores, offices and other business places.
Land disposal means any placement of any solid or hazardous waste in or on the land and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt bed formation, salt dome formation, or underground mine or cave or placement in a concrete vault, or bunker intended for disposal purposes.
Mechanical container means any detachable metal container or other container designed or intended to be mechanically dumped into a loader or packer type solid waste collection vehicle.
Person means any and all persons, natural or artificial, including any individual, firm, or association, any municipal or private corporations organized or existing under the laws of the State of Florida or any other state, any county of the State of Florida; and any governmental agency of the State of Florida or the United States Government.
Recovered material means metals, paper, glass, plastic, textile or rubber material that have known recycling potential, which can be feasibly recycled and have been diverted and source separated or have been removed from the solid waste stream for sale, use or reuse as raw materials, whether or not the materials require subsequent processing or separating from each other; but does not include materials destined for any use that constitutes disposal. Recovered materials as described above are not solid waste.
Recyclable material means those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste.
Refuse means both garbage and trash or a combination or mixture of garbage and trash, excluding recyclable materials.
Residential service means and includes service to single-family residences, duplexes, triplexes, apartments, mobile home units, multi units and condominiums; which shall be charged per living unit the designated per collection fee for residential services.
Sludge means and includes the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including waste water treatment, water supply treatment, or operation of an air pollution control facility and mixed liquids and solids pumped from septic tanks, grease traps, privies or similar waste disposal appurtenances.
Solid waste means sludge unregulated under the Federal Clean Water Act or Clean Air Act, sludge from waste treatment works, water supply treatment plant, or air pollution control facility, or garbage, rubbish, refuse, special waste, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial mining, agricultural or governmental operations. Recovered materials as defined in this section are not solid waste.
Solid waste disposal facility means any solid waste management facility which is the final resting place for solid waste, including landfill and incineration facilities that produce ash from the process of incinerating municipal solid waste.
Solid waste management means the process by which solid waste is collected, transported, stored, separated, processed or disposed of in any other way, according to an orderly, purposeful and planned program which includes closure and long-term maintenance.
Source separated means the recovered materials are separated from solid waste where the recovered materials and solid waste are generated. The term does not require that various types of recovered materials be separated from each other and recognizes that minims solid waste, in accordance with industry standards and practices, may be included in recovered materials.
Special wastes means solid wastes that can require special handling and management, including but not limited to, white goods, waste tires, used oil, lead acid batteries, construction and demolition debris, ash residue, yard trash and biological waste.
Trash means all accumulation of paper, glass, metal, excelsior, rags, wooden or paper boxes and containers, sweepings, broken toys, tools, utensils, and all other accumulations of a similar nature other than garbage, which are usual to residential housekeeping and to the operation of stores, offices and other business places, but shall not include yard waste. Trash shall be containerized.
Uniform level of service means any and all collection of garbage and trash, whether commercial or residential, which conforms to the preparation and storage requirements set by the city or its contractors' service agreement.
White goods means and includes inoperative and discarded refrigerators, ranges, water heaters, freezers and other similar domestic and commercial large appliances. Yard waste means horticultural matter resulting from site specific landscape maintenance, including accumulation of lawn grass, shrubbery cuttings, or clippings and leaf rakings, palm fronds, tree branches which shall not exceed five feet in length and not weigh more than 50 pounds, or other matter usually created in the care of lawns and yards.
(Ord. No. 2012-1291, § 7, 7-9-2012)