§ 28.04. Definitions.

For the purposes of this Chapter the following terms, phrases, words, and their derivations shall have the meaning given to them in this section, except when the context clearly indicates otherwise:

(1)

Affected Multi-Family Residential Premises. Multi-family residential premises that have four or more dwelling units and are subject to the requirements in Section 28.15(2), below.

(2)

Ashes. The residue from the burning of wood, coal, coke, or other combustible materials.

(3)

Cart. A container that is approved by the Division Manager, made with heavy-duty plastic or other impervious material, mounted on wheels, and used to store solid waste or recovered materials.

(4)

City. Depending on the context, the City means either (a) the geographic area contained within the municipal boundaries of the City of Orlando, Florida or (b) the government of the City of Orlando, Florida, acting through the City Council and its designees.

(5)

Commercial Container. Any portable non-absorbent container approved by the Division Manager that is used to store solid waste from commercial premises and is emptied by mechanical means. Commercial Containers include but are not limited to roll off containers, dumpsters, and carts used for the collection of solid waste generated by commercial premises.

(6)

Commercial Establishment. Any property or properties zoned or used for commercial or industrial uses, or used by an entity exempt from taxation under s. 501(c)(3) of the Internal Revenue Code, and excludes property or properties zoned or used for single-family residential or multi-family residential uses.

(7)

Commercial Premises. Every lot or parcel of land that is improved for occupancy, but is not a residential premises. Commercial Premises includes improved property used primarily for: (a) commercial purposes, such as hotels, motels, offices, retail and wholesale stores, restaurants, other eating and drinking establishments, and service stations; (b) institutional purposes, such as government offices, churches, other religious facilities, hospitals, schools, and other educational facilities; and (c) industrial purposes, such as warehouses, and manufacturing and processing facilities.

(8)

Commercial Recycler. Any business entity or other person registered with the Division to engage in the business of collecting recovered materials from commercial establishments.

(9)

Commercial Waste. Solid waste that is generated or otherwise originates on commercial premises and is not intended for use or sale.

(10)

Construction and Demolition Debris. Discarded materials as defined in Section 403.703(6), Florida Statutes (2018). In general, construction and demolition debris means discarded 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 wallboard, and lumber, from the construction or demolition of a structure as part of a construction or demolition project or from the renovation of a structure, and includes rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project, including such debris from construction of structures 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 the actual construction or destruction of a structure, will cause the resulting mixture to be classified as other than construction and demolition debris.

(11)

Curbside. A location adjacent to a road or right-of-way that abuts a customer's property and provides access for vehicles collecting solid waste or recovered materials. A curbside location must be within three (3) feet of the curb, the edge of the road, or the edge of the right-of-way.

(12)

Director. The City's Director of Public Works or the Director's designee(s).

(13)

Disabled Person Collection Service. The collection of solid waste and recovered materials from residential premises where the adult occupants are determined by the Division Manager to be physically unable to place their solid waste and recovered materials at curbside for collection. Disabled person collection service shall be provided at the customer's back yard, side yard, or other location selected by the Division Manager.

(14)

Division. The City's Solid Waste Division.

(15)

Division Manager. The Manager of the Division or the Manager's designee(s).

(16)

Dwelling Unit. A room or rooms connected together and constituting a separate, independent housekeeping establishment for one family only, for occupancy periods of no less than thirty (30) consecutive days, and containing independent cooking and sleeping facilities.

(17)

Hazardous Waste. Solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed.

(18)

Multi-Family Residential Premises. Every lot or parcel of land in the City that contains a building with two (2) or more dwelling units under one roof. Multi-family residential premises include but are not limited to land on which there is a duplex, triplex, apartment complex, condominium, townhouse, mixed-use building, or other building that contains two or more dwelling units.

(19)

Occupant. Any person that occupies real property located in the City, whether as a tenant or otherwise.

(20)

Owner. A person that holds a legal or equitable estate in real property located in the City, whether alone or jointly with others, and whether in possession of the property or not. Owner includes any person that is in possession or control of the property, including any agent of the owner serving as a manager, executor, administrator, trustee, or guardian of the estate of the owner.

(21)

Person. Any and all persons, natural or artificial, including any individual, firm, or association; any municipal or private corporation organized or existing under the laws of this state or any other state; any county of this state; and any governmental agency of this state or the Federal Government.

(22)

Recovered Materials. Recovered materials means metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, 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 separation from each other, but the term does not include materials destined for any use that constitutes disposal. Recovered materials as described above are not solid waste.

(23)

Recovered Materials Container. Any cart or other container or device approved by the Division Manager for the collection of recovered materials. Such containers shall be designed and constructed to ensure the safe containment and conveyance of the recovered materials placed therein. A recovered materials container used for affected multi-family residential premises or commercial establishments shall be clearly labeled with: (a) the term "For Recovered Materials Only;" (b) the name of the owner of the container; and (c) the types of recovered materials to be collected in the container.

(24)

Recyclable Material. Materials that are capable of being recycled and that would otherwise be processed or disposed of as solid waste.

(25)

Recycling. Any process by which solid waste, or materials which would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or intermediate or final products.

(26)

Recycling Cart. A cart used to store recovered materials and other source separated recyclable materials.

(27)

Residential Container. A cart, a sealed heavy duty plastic bag, or a compactor-type paper bag, that is approved by the Division Manager and used to store solid waste or recovered materials generated at residential premises. Any such plastic or paper bag shall not exceed thirty (30) gallons in capacity and shall not exceed forty (40) pounds in weight when filled.

(28)

Residential Premises. Every lot or parcel of land in the City that is improved for occupancy as a single or multi-family residence, including but not limited to a single family house, duplex, triplex, quadraplex, condominium, apartment complex, or individually owned mobile home that is not used or licensed as a business.

(29)

Roll Off Container. A large metal container, ten (10) cubic yards or greater in size, used for the collection of solid waste or recovered materials, that is rolled off of a vehicle or trailer when the container is placed at a site and then rolled onto the vehicle or trailer when the container is transported to another location.

(30)

Solid Waste. Sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge from a 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 28.04 are not solid waste.

(31)

Solid Waste Collection Services. The collection of solid waste from residential premises and commercial premises in the City. Solid waste collection services may be provided by the City, its agents, licensees, franchisees or other representatives. Solid waste collection services include but are not limited to residential collection service, disabled person collection service, multi-family residential premises collection service, commercial premises collection service, and special collection service.

(32)

Source Separated. Source separated means 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 de minimis solid waste, in accordance with industry standards and practices, may be included in the recovered materials. Materials are not considered source separated when two or more types of recovered materials are deposited in combination with each other in a commercial container located where the materials are generated and when such materials contain more than ten (10) percent solid waste by volume or weight.

(33)

Yard Trash. Vegetative matter resulting from landscaping maintenance and land-clearing operations and includes associated rocks and soils.

(Ord. of 12-27-1973, § 1; Ord. of 2-25-1985, Doc. #19234; Ord. of 4-3-1989, Doc. #22899; Ord. of 12-9-1991, Doc. #25331; Ord. of 6-22-1992, Doc. #25820; Ord. of 11-15-1993, Doc. #27049; Ord. of 12-13-1999, § 7, Doc. #32494; Ord. of 7-26-2010, § 1, Doc. #1007261102; Ord. No. 2019-9 , § 2, 3-11-2019, Doc. #1903111202)