§ 8.08.040. Definitions.
"Agreement" means a solid waste collection and disposal franchise agreement granted in accordance with the standards established in this chapter.
"County" means the County of Butte, a political subdivision of the State of California.
"Designated disposal site" means the disposal facility or site to which franchisee elects or is required to transport solid waste collected under the regulatory provisions of this chapter and the agreement for final disposal.
"Franchise majeure" means acts of God, fire, landslides, lightning, storms, floods, freezing, earthquakes, epidemics, volcanic eruptions, civil disturbances, strikes, lockouts or other industrial disturbances, acts of the public enemy, wars, blockages, public riots, breakage, explosions or accident to machines, pipelines or materials, governmental restraint, unavailability of a disposal site and any other event which could not with reasonable diligence be controlled or prevented by the party affected by the event.
"Franchise area" means the area within the town limits of the town on the effective date of the ordinance codified in this chapter, including any federal or state enclaves, and any areas annexed to the town or coming under the town's solid waste management or planning authority after that date.
"Franchisee" means a firm who has been granted an exclusive franchise to collect solid waste within the town pursuant to the provisions of this chapter.
"Franchisor" means the town which grants an exclusive franchise to collect solid waste within the town pursuant to the provisions of this chapter.
"Generators" means individuals, businesses and other entities, including the town, that generate solid waste and/or recyclable materials in the franchise area and are customers of franchisee's services hereunder.
"Gross receipts" means all money, cash, fees, revenues and gross sums received by franchisee in connection with the provision of services under an agreement, minus all sales taxes and excise taxes required by law to be collected by franchisee in connection with the provision of such services. There shall be no deduction from gross receipts for any overhead or costs or expenses of operation, such as, but without limitation to salaries, wages, costs of goods, interest, debt amortization, discount, collection charges, insurance and taxes, except as specifically provided herein; provided, that gross receipts shall not include federal, state, municipal or other taxes or fees collected from generators (regardless of whether the amount thereof is stated to the generator as a separate chart) and paid periodically by franchisee to a governmental agency, accompanied by a tax return or statement. The amount of such taxes or fees shall be shown on the books and records elsewhere herein required to be maintained.
"Hazardous waste" means all solid waste defined or characterized as hazardous waste by the Federal Solid Waste Disposal Act, as amended, including the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901, et seq.) and all future amendments thereto, or regulations promulgated thereunder; all solid waste defined or characterized as hazardous waste by the principal agencies of the state (including without limitation the Department of Health Services and the California Integrated Waste Management Board) having jurisdiction over hazardous waste generated by facilities with the state, and pursuant to any applicable state or local law or ordinance, and all future amendments thereto, or regulations promulgated thereunder, including without limitation the California Integrated Solid Waste Management Act of 1989; radioactive wastes; any sewage sludge or other residue from wastewater treatment facilities; those substances or items which require special or extraordinary handling or disposal due to their hazardous, harmful, toxic or dangerous character or quality; and those substances and items which are not normally disposed of by generally accepted sanitary landfill disposal methods.
"Recyclable materials" means reusable material, including but not limited to, metals, glass, plastic, and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials.
"Solid waste" means all residential, commercial, industrial and quasi-public putrescible and nonputrescible solid and semisolid wastes, including garbage, trash, refuse, paper, rubbish, ashes, demolition and construction wastes, discarded home and industrial appliances, vegetable, or animal solid or semisolid wastes, lawn and garden refuse, such as leaves, grass cuttings, weeds, and trimming from trees and shrubs, and all wastes capable of being recycled that are commingled with other waste. The term "solid waste" shall not include biomedical waste, hazardous waste, special waste, liquid-carried industrial wastes or sewage hauled as an incidental part of a septic tank or cesspool-cleaning service, whether combustible or noncombustible, liquid wastes or sewage sludge.
"Special waste" means those solid wastes which consist of or contain pollutants which, under ambient environmental conditions at a sanitary landfill or other waste management unit could be released at concentrations in excess of applicable water quality objectives, or which could cause degradation of waters of the state, and which may only be discharged at waste management units that are designated either "Class I" or "Class II" by the California Integrated Waste Management Board, or successor agency.
"State" means the State of California.
"Town" means the Town of Paradise.
(Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. 257, § 2 (part), 1995)