§ 50.02. Definitions.

For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein when not inconsistent with the context. Words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely discretionary.

Bulky wastes shall mean large discarded items from residences within the city, such as boxes, barrels, crates, furniture, refrigerators, stoves, and other household appliances.

City shall mean the City of Port St. Lucie, Florida, a municipal corporation, acting through the city council or city manager.

City manager shall mean the city manager of the City of Port St. Lucie. When used in this chapter it shall also mean the city manager's designated representative.

Collection shall mean the process whereby solid waste and recyclable materials are removed from improved property and transported to a solid waste disposal facility or other solid waste management or recycling facility.

Contractor shall mean the individual, firm or corporation, who or which has agreed with the city to perform the work or services as set forth in the contract, unless otherwise utilized in a context that requires a different meaning.

Commercial container shall mean a container which:

(a)

Consists of four permanently attached sides and a bottom;

(b)

Is made of metal, durable plastic or other nonabsorbent material;

(c)

Is designed to be free standing;

(d)

Is to be emptied and transported by mechanical means; and

(e)

Is used to collect or store commercial solid waste or construction and demolition debris.

Commercial containers include, but are not limited to, dumpsters, compactor units, and roll-on/roll-off containers.

Commercial trash shall mean any and all accumulations of paper, rags, excelsior, wooden, paper or cardboard boxes or containers, sweepings, car parts, tires and any other accumulations not included in the definition of garbage, generated by the operation of stores, offices, and other business places. Commercial trash shall also include all trash placed in public receptacles in parks, playgrounds, public streets, golf courses, and all other public places in the city.

Commercial property shall mean motels, hotels, restaurants, stores, certain multiple family dwelling units and home owners associations utilizing containers two yards or larger, and all other establishments not specifically classified as residential units.

Construction and demolition debris shall mean:

(a)

Discarded materials generally considered to be not water-soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt material, pipe, gypsum wallboard, and lumber from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and including such debris from construction of structures at a site remote from the construction or demolition project site;

(b)

Clean cardboard, paper, plastic, wood and metal scraps from a constructions project;

(c)

Nonconstruction and demolition debris wood scraps; and

(d)

De minimis amounts of other nonhazardous wastes that are generated at construction or demolition projects, provided such amounts are consistent with best management practices of the industry. Mixing of construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris. As used herein, de minimis shall mean 15 percent or less, by volume.

Disposal costs is hereby defined to mean the "tipping fees" or landfill costs charged to the contractor by others for disposal of the garbage and trash collected by the contractor.

Garbage shall mean all accumulations of animal, fruit or vegetable matter that attends the preparation, use, cooking and dealing in or storage of meat, fish, fruit, fowl, vegetable and any other matter, excluding human body waste, of any nature whatsoever which is subject to decay, putrefaction and the generation of noxious and offensive gases or odors, or which, during and after decay, may serve as a breeding or feeding material for flies and/or other germ carrying insects. Any droppings or any manure are not to be considered as garbage.

Garbage can as used in this chapter shall mean the same as "solid waste container."

Garden and yard trash shall mean any and all accumulations of grass, palm fronds, leaves, branches, shrubs, vines, tree stumps, and similar items which are normally generated by maintenance of lawns, shrubs, gardens and trees.

Hazardous waste shall mean materials or combinations of materials, which require special management techniques because of their acute and/or chronic effects on air and water quality, on fish, wildlife, or other biota, and on the health and welfare of the public. These "hazardous materials" include, but are not limited to, volatile, chemical, biological, explosive, flammable, radioactive and toxic materials.

Household trash shall mean any and all accumulations of waste materials from the operation of a home, which are not included in the definition of garbage. Household trash shall include all appliances, furniture, toys, building material wastes from do-it-yourself projects, and anything else put out for collection. Waste generated by building contractors, subcontractors and/or tree surgeons rendering professional service is not to be considered as household trash.

Industrial waste shall mean any and all debris and waste products generated by canning, manufacturing, food processing (except restaurants), land clearing, (except do-it-yourself projects), and public works-type construction projects, whether performed by a governmental unit or by contract.

Land clearing debris shall mean all trees, tree trunks, stumps, rocks, scrub brush, and other materials accumulated during site preparation.

Multi-family dwelling units shall mean any building containing more than two permanent living units, not including motels.

Person shall mean any person, firm, partnership, company, association, or organization of any kind.

Recyclable materials shall be those materials designated as such by the city manager, in writing, to the contractor, which are capable of being recycled and which would otherwise be processed or disposed of as solid waste, including, but not limited to, newspapers and all inserts, magazines, #1 P.E.T. and #2 H.D.P.E plastic bottles (all colors), aluminum cans, steel cans, glass bottles and jars (green, clear, brown), cereal boxes (liners pulled out), corrugated cardboard and aerosol cans (non-hazardous). Notification of any changes, additions and/or deletions of the items deemed to be "recyclable materials" will be provided to the contractor in writing by the city manager.

Recyclable materials container shall mean those containers approved by the city manager, provided by the contractor and clearly labeled as recyclable materials containers.

Refuse shall mean, as used in this chapter, all solid waste, garbage, garden and yard trash, rubbish, household trash, commercial trash and industrial waste trash not classified as recyclable materials.

Residential do-it-yourself projects shall mean minor residential repairs done exclusively by the homeowner or occupant.

Residential property shall mean single and multiple dwelling units and trailer parks. However, multiple dwelling units and trailer parks utilizing containers two yards or larger and/or paying for service through an association shall be considered commercial units.

Service contract shall mean the solid waste franchise agreement between the city and the contractor, its successors and assigns, providing for the collection of solid waste within the city, including the proposal, award of contract, executed contract, bonds, standard specifications, supplementary specifications, plans, supplementary agreement, exhibits and addenda that may be entered into, all of which documents are to be treated as one instrument whether or not set forth at length in the form of contract.

Solid waste shall mean, as used in this chapter, all refuse, garbage, garden and yard trash, rubbish, household trash, commercial trash and industrial waste trash not classified as recyclable materials.

Solid waste container may be used interchangeably with "refuse container" and shall mean a plastic or galvanized metal container which shall be provided by the owner, occupant, lessee, or tenant of the premises. The container shall be a type commonly sold as a garbage can and which does not exceed a 30-gallon capacity. Each such container shall have two handles on the sides of the container or a bail by which it may be lifted by one person, and have a tight-fitting lid. Disposable plastic or paper bag (with or without sack holders) of a type and construction for solid waste storage and disposal are acceptable and may be used in lieu of the above mentioned containers to contain garbage and trash for storage and pickup. Any container that does not conform to the provisions outlined above, or that may have jagged or sharp edges or other defects liable to hamper or injure the person collecting the contents thereof, shall be promptly replaced upon written notice to the householder. Collection services may be refused for failure to comply with such notice.

Solid waste services assessment area shall mean the area within the incorporated limits of the City of Port St. Lucie.

Trash shall be construed to include commercial and industrial trash, household trash, and garden and yard trash, as each is herein defined, unless specifically provided to the contrary.

(Ord. 02-79, 7-22-02; Am. Ord. 02-99, passed 9-9-02; Am. Ord. 07-79, § 3, 6-25-07; Am. Ord. 07-158, § 1, passed 11-26-07)