§ 9.08.020 — Definitions

9.08.020 - Definitions.

In the construction of this Chapter, the following definitions shall apply, unless the context clearly requires otherwise: "Bulky item" means any large item normally associated with a residential household that does not fit into a residential solid waste container or wheeled cart, including without limitation appliances, carpeting and mattresses, and that can be handled by a two-person crew. "Cash receipts" means all receipts derived from the collection of solid waste and residential recyclables collection services and includes, by way of illustration and not limitation, all cash, credits, property or other consideration of any kind derived directly or indirectly by a franchisee (or any of its authorized agents or affiliates) for the collection, transportation and disposal of solid waste, including all revenue received from residential service (including any charges attributable to residential recyclables collection services); commercial and industrial service; medical-waste service; sewage-waste service; special collection-related services provided pursuant to a franchise agreement and this Chapter; container rentals, including delivery, removal and exchange fees; packaging; shipping; late fees; and lien fees, but excluding revenues from: (A) The sale of recyclables. (B) Any taxes on services furnished by a franchisee that are imposed by any governmental entities, that are passed through to and collected from the franchisee's customers, and that are separately itemized on customers' bills. "Collection costs" means administrative costs and legal fees the licensed franchisee incurs when attempting to collect any charges and/or penalties from the legal owner of the premises where solid waste is collected, where such charges have become past due and payable. "Commercial recycler" means any licensed entity, including a licensed franchisee, that is in the business of purchasing, accepting donations of, collecting, storing, transporting or processing commercial source-separated recyclables. "Commercial source-separated recyclables" means recyclables generated by a commercial business that have been separated from the solid waste stream at the source for recycling purposes and that are not mixed with solid waste other than residual solid waste. In order for commercial source-separated recyclables to be recognized under Section 9.08.060(E), they may not contain more than ten percent residual solid waste. "Commingled recyclables" means recyclables that have been abandoned or discarded and that are mixed with solid waste other than residual solid waste. "Compacted solid waste" means solid waste reduced by mechanical equipment, in volume but not weight, by a minimum ratio of three to one. "Construction or demolition waste" means non-hazardous solid waste resulting from the construction, remodeling, repair, and demolition of utilities and structures, as well as uncontaminated solid waste resulting from land clearing. Such waste includes, but is not limited to, wood (including painted, treated, and coated wood and wood products), land clearing debris, wall coverings, plaster, drywall, plumbing fixtures, non-asbestos insulation, roofing shingles and other roofing coverings, glass, plastics that are not sealed in a manner that conceals other wastes, empty buckets ten gallons or less in size and having no more than one inch of residue remaining on the bottom, electrical wiring and components containing no hazardous liquids, pipe and metals, corrugated container board, carpeting, furniture, and tires, and materials that are incidental to any of the above. Solid waste that is not "construction or demolition waste" (even if resulting from the construction, remodeling, repair, and demolition of utilities, structures, and roads and land clearing) includes, but is not limited to, asbestos waste, garbage, electrical fixtures containing hazardous liquids such as fluorescent light ballasts or transformers, fluorescent light bulbs or tubes, appliances, drums, containers greater than ten gallons in size, any containers having more than one inch of residue remaining on the bottom, or fuel tanks. "CPI" means the Historic Consumer Price Index for water and sewer and trash collection services, U.S. city average, all urban consumers, not seasonally adjusted (Current Series ID: CUUR0000SEHG), as published by the U.S. Department of Labor, Bureau of Labor Statistics. "Dead animals" means all dead animals or parts thereof (including condemned meats) that are not intended to be used as food for man or animal. "Dirt" means loose earth, ashes and manure, but exclusive of sand and gravel that is to be used in construction work. "Drop-off center" means a collection site where source-separated recyclables may be taken by persons and deposited into designated containers. "Duplex" means a building or dwelling containing residential dwelling units for two separate families or occupants, each receiving individual solid waste curbside collection. "Franchise agreement" means an agreement between the City and a third party by which such third party is authorized to collect, transport and dispose of solid waste and perform residential recyclables collection services in the City. "Franchise fee" means the fee required by a franchise agreement based upon a percentage of a franchisee's cash receipts derived from the collection, transportation and disposal of solid waste and residential recyclables collection services in the City. "Franchisee" means any person who has contracted with the City for collection, transportation and disposal of solid waste and the performance of residential recyclables collection. "Garbage" means putrescible animal and vegetable wastes, other than source-separated recyclables, that result from the handling, storage, sale, preparation, cooking and serving of food, and that have been discarded or abandoned. "Hazardous waste" means any waste or combination of wastes, including solids, semisolids, liquids or contained gases which: (A) Because of its quantity or concentration or its physical, chemical or infectious characteristics may: (1) Cause or significantly contribute to an increase in mortality or serious irreversible or incapacitating illness; or (2) Pose a substantial hazard or potential hazard to human health, public safety or the environment when it is given improper treatment, storage, transportation, disposal or other management; (B) Is identified as hazardous waste by the Nevada Department of Conservation and Natural Resources as a result of studies undertaken for the purpose of identifying hazardous wastes; and (C) Includes, among other wastes, toxins, corrosives, flammable materials, irritants, strong sensitizers and materials which generate pressure by decomposition, heat or otherwise. "Incidental non-recyclable waste" means the non-recyclable components of white goods, whole computers, or whole automobiles for which dismantling and separation of recyclable from non-recyclable components by the generator are impractical, such as insulation or electronic components in white goods. "Materials recovery facility" means a facility that provides for the extraction from construction or demolition waste of those recyclable materials that may be found in construction or demolition waste. The term does not include: (A) A facility that receives only source-separated recyclables; (B) A facility for the recovery of used motor vehicle parts; (C) A facility that receives, processes or stores only concrete, masonry waste, asphalt pavement, brick, uncontaminated soil, or stone for the recovery of recyclables; and (D) A facility that recovers less than twenty-five percent by weight of recyclables from the solid waste received. "Medical waste" means items, other than a culture or stock of an infectious substance, that contain an infectious substance and are generated in: (A) The diagnosis, treatment or immunization of human beings or animals; (B) Research pertaining to the diagnosis, treatment or immunization of human beings or animals; or (C) The production or testing of biological products. The term "medical waste" does not include the following if the items as packaged do not contain any material otherwise subject to the requirements of 49 CFR Part 173, App. G, as amended: (1) Biological products; (2) Diagnostic specimens; (3) Laundry or medical equipment that conforms to 29 CFR 1910.1030 of the regulations of the Occupational Safety and Health Administration of the United States Department of Labor; (4) A material, including waste, that previously contained an infectious substance and has been treated by steam sterilization, chemical disinfection or other appropriate method, so that it no longer poses the hazard of an infectious substance; (5) Any waste material, including garbage, trash and sanitary waste in septic tanks, derived from households, including but not limited to single and multiple residences, hotels and motels; (6) Corpses, remains and anatomical parts that are intended for ceremonial interment or cremations; or (7) Animal waste generated in animal husbandry or food production. "Motel" means a building or group of buildings whose main function is to provide temporary lodging and which does not offer conference rooms, restaurants or similar amenities to its customers in addition to sleeping quarters. "Multiple dwellings" means any premises on which there are three or more separate residential dwelling units which are grouped together under the management of one person and which do not require separate individual curbside collection of solid waste. "Non-residential customer" means any solid waste disposal service customer of a franchisee except for customers at single-family residences, duplexes or mobile home parks who receive individual curbside collection of solid waste and who do not share containers with other residents. "Overflow" or "overflowing solid waste" means solid waste of non-residential customers that is deposited on the ground outside of a solid waste container, or excess solid waste that has been piled onto a solid waste container that is already full to such an extent that the excess solid waste will spill onto the ground in the emptying process, requiring more than minimal manual cleanup of solid waste from the ground. "Place of business" means any place of business in the City, other than multiple dwellings, to conduct or carry on principally or exclusively any pursuit or occupation for the purpose of gaining a livelihood. "Premises" means a nonresidential or residential lot, including any buildings, improvements, and personal property located thereon. "Public building" means office buildings, clubs, churches, schools, hospitals or other places of similar character. "Putrescible" means capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances from odors or gases. "Recyclable materials" or "recyclables" means solid waste that can be processed and returned to the economic mainstream in the form of raw materials or products, including, but not limited to: (A) Newspaper; (B) Corrugated cardboard; (C) Aluminum; (D) Yard debris (material generated from plants, including trees, bushes, sod, and grass clippings on residential or business property); (E) Office paper; (F) Glass; (G) Tin and steel cans; (H) Metal; (I) Motor oil; (J) Plastic; (K) Antifreeze; (L) Wood; and (M) Food waste. "Recycling center" has the same meaning as "recycling center," as that term is defined in the Southern Nevada Health District's Regulations Governing Recycling Centers, as amended. "Refuse" means those discarded materials that have no useful physical, chemical or biological properties after serving their original purpose and that cannot be reused or recycled for the same or other purposes, including medical waste, but excluding mining waste, agricultural waste, source-separated recyclable materials and incidental non-recyclable waste. "Residential recyclables collection" means a curbside collection program operated by a solid waste franchisee in which source-separated recyclables are collected from residential customers on a regularly scheduled basis as a part of the franchisee's solid waste business, whether the collection is of source-separated recyclables or is part of a single-stream recycling program. "Residential solid waste container" means a receptacle capable of storing solid waste, that is constructed of a rigid material such as plastic or metal, that is used for the temporary storage of solid waste, and that is equipped with handles and covers appropriate for the container design. The term does not include trash bags. "Residual solid waste" means an amount of material that: (A) Has been collected at the site of generation (not including permitted recyclable material); (B) Remains or is left after the separation and removal of permitted, source-separated recyclable materials; (C) Does not exceed ten percent by weight, if scales are available at the facility, or by volume, if scales are not installed at the facility, of the total amount of materials prior to separation; (D) Cannot be recycled and returned to the economic mainstream; and (E) Must be disposed of as solid waste pursuant to this Chapter and the applicable regulations of the solid waste management authority. For purposes of this definition, "facility" includes any location that holds a permit issued by the solid waste management authority. "Rubbish" means nonputrescible wastes, other than source-separated recyclables, that have been discarded or abandoned such as paper, cardboard, automobiles, cans, wood, glass, bedding, crockery and similar materials. "Sewage waste" means any solid or semi-solid waste, including biosolids, sludge, screenings and grit, generated from the operation of the City's water pollution control facility. "Single-family residence" means a building or dwelling designed or used for single-family residential occupancy and where no business is conducted (other than a licensed home occupation business), and includes a mobile home, apartment and other unit in a multiple dwelling which receives individual residential collection of solid waste, bulky items and recyclables. "Single-stream recycling" means a system in which multiple types of recyclable materials are combined in a single container for collection by a franchisee instead of first being sorted by a residential customer into separate containers before such collection. "Solid waste" means all putrescible and nonputrescible materials in solid or semisolid form that have been discarded or abandoned by their owner, including garbage, rubbish, junk vehicles and parts, ashes or incinerator residue, street refuse, dead animals, construction or demolition waste, commercial or industrial waste, medical waste, sewage waste, commingled recyclables and other refuse. The term "solid waste" does not include any of the following: (A) Hazardous waste managed pursuant to NRS 459.400 through 459.600, inclusive. (B) Commercial source-separated recyclables. "Solid waste management authority," with regard to areas within the City of Las Vegas or within Clark County, means the Southern Nevada Health District or its successor with regard to the regulation of solid waste management. With regard to any other location in the State of Nevada, the term refers to the state or county entity charged with the regulation of solid waste management at that location. "Source-separated recyclables" means recyclables that have been separated from the solid waste stream at the source for recycling purposes and that are not mixed with solid waste other than residual solid waste. "Unforeseen economic circumstance" means: (A) A percentage change in the CPI for a given twelve-month period that is greater than ten percent or below zero (a decrease); (B) An adverse economic occurrence beyond a franchisee's reasonable control; or (C) A finding by the City Council that there have been economic occurrences during that period that have caused specific additional economic costs for a franchisee which are not reflected in changes to the CPI during that same period. "Wheeled cart" means a receptacle provided to a residential customer by a franchisee (whether at no charge or by means of rental) for use in the collection of solid waste and in single-stream recycling. "White goods" means large household appliances (whether finished with white enamel or with other colors), including without limitation refrigerators, washing machines, clothes dryers, stoves and dishwashers.

(Ord. No. 6854, § 1, 11-15-23; Ord. No. 6572, § 2, 4-5-17)