§ 51.01. DEFINITIONS.

To the extent the definitions contained herein conflict with similar definitions contained in any Federal, State or local law, the definition herein shall prevail.

Biohazardous or biomedical wastes shall mean any solid waste or liquid waste which may cause disease or reasonably be suspected of harboring pathogenic organisms, included [including], but not limited to, waste resulting from the operation of medical clinics, hospitals, and other facilities producing wastes which may consist of, but are not limited to, diseased human and animal parts, contaminated bandages, pathological specimens, hypodermic needles, contaminated clothing and surgical gloves.

Biological waste. Solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biohazardous waste, diseased or dead animals, and other waste capable of transmitting pathogens to humans or animals.

Bulk trash. Any nonvegetative item which cannot be containerized, bagged or bundled including, but not limited to, inoperative and discarded refrigerators, ranges, toilets, pool heaters, water softeners, pianos, washers, dryers, bath tubs, water heaters, sinks, bicycles, and other similar appliances, household goods, furniture, large boxes, barrels and crates, and shall not be commingled with vegetative waste or any other type of refuse.

C&D Debris Service Provider. A licensed company authorized by the City to remove construction and demolition debris.

C&D Rolloff Collection Service. The Collection of C&D only open top temporary rolloff containers, or the Collection of C&D by other mechanical means within temporary locations in the Service Area, limited to new construction sites and remodeling or refurbishment sites. C&D Rolloff Collection Service is not exclusive to Contractor.

City. The City of Delray Beach, Florida, or the City's authorized agents or contractors.

City Manager. The City Manager of the City of Delray Beach or his/her designee.

Collection: The process whereby solid waste, garbage, trash, bulk trash, vegetative waste or recyclable material is removed and transported to a designated facility.

Commercial trash. Any and all accumulations of paper, rags, excelsior or other packing materials, wood, paper or cardboard boxes or containers, sweepings, and any other accumulation not included under the definition of garbage, generated by the operation of stores, offices, and other business places. Commercial trash shall include furniture if properly containerized. Commercial trash shall not include special waste.

Construction and demolition debris. Materials generally considered to be not water soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, roofing material, pipe, gypsum wallboard, and lumber from the construction or destruction of a structure. Mixing of a de minimis amount of waste other than C&D debris from a construction site will not exclude such mixed solid waste from classification as C&D debris under this definition.

Contract Administrator . The person designated by the City who shall act as the City's representative under this chapter. Any references that require approval by the City shall also mean approval by the Contract Administrator.

Contractor or vendor. Waste Management Inc. of Florida.

Department. The Florida Department of Environmental Protection.

Designated facility. A disposal processing, recovery, recycling or transfer facility designated by the Solid Waste Authority or the City Manager.

Disposal costs. The "tipping fees" or landfill costs charged to the Contractor by others for disposal of the waste collected by the Contractor.

Dwelling unit. One or more rooms connected together, designated to be occupied by one family, constituting a separate, independent housekeeping establishment and physically separated from any other dwelling unit which may be in the same structure and which contains independent sanitation, living, cooking and sleeping facilities.

Garbage. All putrescible waste which generally includes but is not limited to kitchen and table food waste, animal, vegetative, food 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. Garbage shall not include any material that falls within the definition of special waste.

Garbage receptacle. Any commonly available light-gauge steel, plastic or galvanized receptacle of a nonabsorbent material, closed at one end and open at the other, furnished with a closely fitted top or lid and handle(s). A receptacle also includes a heavy duty, securely tied, plastic bag designed for use as a garbage receptacle. Garbage receptacles or waste materials shall not exceed fifty (50) gallons in capacity or fifty (50) pounds in weight. Roll-out containers provided by the City may be thirty-two (32), sixty-eight (68), or ninety-five-gallon-size containers.

Hazardous waste. Solid waste as defined by the State of Florida Department of Environmental Protection as a hazardous waste in the State of Florida Administrative Code, or by any future legislative action or by Federal, State or local law.

Litter. See Chapter 98 of the Code of Ordinances of the City of Delray Beach.

Loading and unloading area. Any loading or unloading space or area used by any moving vehicle for the purpose of receiving, shipping, and transporting goods, wares, commodities, and persons.

Loose refuse. Any refuse, either garbage or household trash, stored in and collected from any type of container other than a mechanical container or garbage receptacle related to multiple-family dwellings or the designated facility. Refuse that is collected from the ground is considered loose refuse.

Mechanical container. Any detachable metal or plastic container designed or intended to be mechanically dumped into a loader-packer type of garbage truck used by the contractor and includes any motorized or electrical compactor. Mechanical containers may be constructed of plastic. Further, all mechanical containers must be uniform in color, have closeable lids, and be free of any advertising or other information other than an eight and one-half (8½) by eleven-inch sticker with the name, address and telephone number of the Contractor.

Multiple dwelling units. Any building containing five (5) or more permanent living units, not including motels and hotels.

Parking lots. Commercial and public lots designed for the parking of any vehicles with the exception of residential parking.

Permanent Roll-off Collection Services shall be exclusive to the Contractor. However, C&D Temporary Rolloff Collection Service as defined above is not exclusive to the Contractor. The Contractor shall be responsible for the billing and collection of Commercial Solid Waste Collection Services and all disposal costs that are not billed and collected by the Solid Waste Authority or its designee.

Person. Any natural person, owner, agent, corporation, partnership, association, firm, receiver, guardian, trustee, executor, administrator, fiduciary, occupant, lessee, tenant, or representative or group of individuals or entities of any kind.

Premises. Lots, sidewalks, alleys, rights-of-way, grass strips, and curbs up to the edge of the pavement of any public thoroughfare.

Private property. Property owned by any person as defined in this Section, including, but not limited to, yards, grounds, driveways, entrance or passageways, parking areas, storage areas, vacant land, or body of water. For the purpose of this Chapter, "private property" owners are required to maintain rights-of-way up to the edge of the pavement of any public thoroughfare.

Public property. Any area that is used or held out to be used by the public, whether owned or operated by a public interest, including, but not limited to, highways, streets, alleys, parks, recreation areas, sidewalks, grass strips, medians, curbs, or rights-of-way up to the edge of the pavement of any public thoroughfare or body of water.

Recyclable materials shall be the same as defined in Chapter 403 of the Florida Statutes.

Recycling shall be the same as defined in Chapter 403 of the Florida Statutes.

Refuse. Commercial trash, household trash and garbage or a combination of mixture of commercial trash, household trash and garbage, including paper, glass, metal and other discarded matter, excluding commercial recyclable materials.

Residential do-it-yourself projects. Minor residential repairs done exclusively by the homeowner.

Residential service. The refuse, recycling and vegetative waste collection service provided to persons occupying residential dwelling units within the City who are not receiving commercial or multifamily services. This would include single-family homes, duplexes, triplexes, quadplexes and mobile homes.

Roll-off collection service . Roll-off collection service shall mean the collection of (1) solid waste in roll-off compactors; (2) solid waste from permanent open-top roll-off containers; (3) horticultural or agricultural wastes at horticultural or agricultural nurseries, but only when the customer chooses to use open top roll-off containers for horticultural or agricultural waste, and horticultural and agricultural waste shall not include any other type of waste, including, but not limited to, special waste, garbage or recyclable materials.

Roll-out carts . Carts that are a thirty-two (32), sixty-eight (68), or ninety-five-gallon (approximate) wheeled container of a type approved by the City Manager or his designee, and shall be equipped with wheels and a lid and shall only be provided by the City for residential service, unless otherwise approved by the Contract Administrator.

Sludge. The accumulated solids, residues and precipitates generated as a result of waste treatment or processing, including wastewater 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.

Special waste. Solid or liquid wastes that require special handling and management, which are not accepted at a landfill or other disposal facility or which are accepted at a landfill or other disposal facility at higher rates than is charged for refuse, including, but not limited to, asbestos, whole tires, automobiles, boats internal combustion engines, nonautomobile tires, sludge, dead animals, septic tank waste, hazardous waste, used oil, lead-acid batteries, and biohazardous or biomedical wastes.

Trash. All refuse, accumulation of paper, 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 housekeeping and to the operation of stores, offices and other business places, but shall not include vegetative waste.

Vegetative waste. Any vegetative matter resulting from yard and landscaping maintenance and shall include materials such as tree and shrub materials, grass clippings, palm fronds, Christmas trees, tree branches and similar other matter usually produced as refuse in the care of lawns, landscaping and yards. All grass clippings, leaves, pine needles, and similar small loose items must be bagged or containerized. Vegetative waste, except palm fronds, must be no more than six (6) feet in length and no single item shall weigh more than fifty (50) pounds. Natural Christmas trees shall be considered vegetative waste and will be collected if they are not more than eight (8) feet in length and weight less than fifty (50) pounds. Vegetative waste does not include any form of matter or debris resulting from land clearing or land development.

(Ord. No. 33-96, passed 9/17/96; Am. Ord. No. 55-96, passed 11/19/96; Ord. No. 15-02, § 1, passed 6/4/02; Ord. No. 31-08, § 1, passed 8/5/08; Ord. No. 22-10, § 1, passed 8/3/10)