§ 5.90.010. Definitions.

The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them:

"Affiliate(s)" means an entity controlled by, controlling or under common control with contractor.

"Agreement" means a commercial or residential franchise agreement for an exclusive service area between the city and a contractor to collect, haul and/or dispose of collection materials.

"Applicable law" means all federal, state and local laws, ordinances, regulations, rules, orders, judgments, decrees, resolutions, permits, approvals, or other type of requirement imposed by any governmental agency having jurisdiction over the collection and disposition of solid waste or recyclable materials, including such additions and changes thereto as become effective by means of their enactment, amendment, issuance or promulgation at any time after the effective date of this ordinance.

"Approved recyclable materials" means the recyclable materials approved for recycling under an agreement, and which may be changed from time to time by mutual agreement between contractor and city, excluding certain materials excluded under the agreements.

"Bin" means an industry standard receptacle for solid waste or other materials provided by the contractor, having a capacity less than seven cubic yards and that generally has a tight-fitting, attached lid, and is designed to be dumped mechanically into a front-loading or rear-loading collection vehicle.

"Bulky items" means all discarded waste matter that is too large to be placed in a cart, including appliances not containing chlorofluorocarbons, furniture, carpets, mattresses, and similar large items that require special handling due generally to their size, excluding excluded materials.

"Cart" means an industry standard, wheeled container of approximate 35-, 64-, and 96-gallon capacity provided by contractor to customers for collection of solid waste or recyclables.

"Cart service" means provision of collection services using carts.

"City council" means the governing legislative body of the City of Reno.

"City representative" means the city manager, or his/her designee, who may be a city official, employee or an agent of city specifically designated to serve as the city representative and authorized to act on behalf of the city hereunder.

"Change in law" means the following events or conditions:

(i)

Enactment, adoption, promulgation, issuance, modification, or written change or initial public announcement or enforcement in administrative or judicial interpretation of any applicable law occurring on or after the effective date of this ordinance; or

(ii)

Order or judgment of any governmental body, issued on or after the effective date of this ordinance, to the extent such order or judgment is not the result of willful or negligent action, error or omission or lack of reasonable diligence of Contractor; provided, however, that the contesting in good faith or the failure in good faith to contest any such order or judgment shall not constitute or be construed as such a willful or negligent action, error, or omission or lack of reasonable diligence.

"Change in scope" is a material change in the type, extent, or level of collection services or the exclusive service area.

"Collection" (and "collect," "collected" and "collecting" ) means the pickup and removal by contractor from customers of solid waste and approved recyclable materials and transportation and delivery of such material to an appropriate designated facility for such materials.

"Collection materials" means all solid waste and approved recyclable materials generated, produced or accumulated by customers, as applicable, excluding certain materials excluded under the agreements.

"Collection services" means the collection of collection materials from customers in contractor's exclusive service area to be provided by a contractor, excluding certain services excluded under the agreements.

"Commercial activity" means all activity of a business, commercial, industrial, financial, institutional, governmental or similar nature, including without limitation multi-family complexes. Commercial activity hereunder is intended to be defined and interpreted broadly to include all activities other than residential activities and uses (other than multi-family complexes).

"Commercial agreement" means an agreement between the city and a contractor for the collection and transportation of solid waste and recyclable materials from commercial customers in an exclusive service area.

"Commercial customers" means all non-residential customers including businesses, institutions, governmental agencies conducting commercial activity in contractor's exclusive service area, including multi-family complexes.

"Community collection location(s)" means an area in which the contractor has placed a compactor or container in a central location to service multiple businesses at the specific request of the city or certain commercial customers, and agreed to by contractor.

"Compactor," "compactors," "compactor service" means any bin or other container incorporating a built-in mechanism to reduce waste volume by crushing action or other compacting method.

"Construction and demolition debris" means debris resulting from construction, remodeling, repair, renovation, demolition, excavation, dredging, grubbing and related cleanup of residential, commercial or governmental buildings or other structures and pavement, including without limitation construction materials, rubble, bricks, concrete, other masonry materials, soil, rock, lumber, rebar, paving materials and vegetation, including tree stumps. Materials resulting from landscape maintenance are not construction and demolition debris.

"Containers" means carts, bins, and drop boxes or other containers provided by contractor and identified on the scope of services for use to provide collection services.

"Contractor" means a party to an agreement with the city pursuant to this article.

"Control" and derivations thereof means the ability to control, through ownership of equity interests or contract, the management and affairs of the entity.

"Customer" means the persons or entities receiving collection services pursuant to an agreement.

"Designated facility" means the transfer station, disposal facility, material recovery facility, eco-center recycling facility or any similar facility designated by the city in accordance with a long-term disposal agreement entered into by the city, pursuant to which the city has provided for the environmentally safe and sound handling, processing, transfer, transport, recycling and disposal of all solid waste and approved recyclable materials generated within the city, and where contractor shall be required to deliver all collection materials.

"Disposal agreement" means a long term solid waste transfer and disposal agreement with a third party, to provide the city with an environmentally sound and cost effective solution for the transfer, processing, handling, recycling, and disposal of all solid waste and recyclable materials generated within the city, and all amendments, extensions, renewals and replacements thereof.

"Disposal," "disposing," "dispose," or "disposed" means the final landfill disposal of solid waste collected by contractor, but does not include other beneficial uses such as alternative daily cover.

"Diverted" means the tonnage or percentage of collected collection materials that are not disposed.

"Drop box" means an industry standard receptacle for solid waste or other materials provided by the contractor, generally having a capacity equal to or greater than ten cubic yards.

"Excluded materials" means:

(i)

Hazardous waste;

(ii)

Medical and infectious waste;

(iii)

Volatile, corrosive, biomedical, infectious, biohazardous, and toxic substances or material, including without limitation batteries;

(iv)

Waste that contractor reasonably believes would, as a result of or upon disposal, be a violation of federal, state, or local law, regulation or ordinance, including land use restrictions or conditions;

(v)

Waste that in contractor's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose contractor or city to potential liability;

(vi)

Electronic waste determined by contractor to be excluded materials (including without limitation television sets, computers and computer components);

(vii)

Materials collected and processed at rendering facilities;

(viii)

 Special waste;

(ix)

Incidental amounts of self-haul materials which are delivered by an individual directly to a transfer station, recycling facility or disposal facility in a manner consistent with city ordinances and codes and other applicable laws;

(x)

Construction and demolition debris;

(xi)

Materials which otherwise would constitute collection materials that are removed from premises by landscaping, gardening, cleaning service, appliance sale and service company or construction contractors as an incidental part of a gardening, landscaping, tree trimming, cleaning, maintenance, appliance sale or service or construction or similar service offered by that service provider, using its own personnel and equipment, rather than as a hauling service;

(xii)

Scrap metals;

(xiii)

 Paper shredder materials;

(xiv)

 Bulky items and items contractor determines to be excessively bulky or heavy; and

(xv)

Source separated recyclable materials donated by the generator to any United States Revenue Code Section 501(c)3 or other federally recognized non-profit organization, including charities, youth groups and civic organizations, which materials may be transported from the non-profit organization by self-haul or by a third party hauler.

"Excluded recyclable materials" means either or both

(i)

Approved recyclable materials from commercial activity that are: (a) separated by the generator thereof from all other materials and which contain not less than 90 percent approved recyclable materials; and, (b) sold by the generator thereof directly to a buyer of recyclable material at market price, title to which materials transfers to the buyer upon collection or pickup of such materials, but excluding such materials collected and transported as a service; and

(ii)

Any other recyclable materials that are not approved recyclable materials.

"Exclusive service area" means the geographic territory within the city in which the contractor shall have the exclusive right and obligation to conduct collection services, as such geographic territory may change from time to time as provided under an agreement.

"Exempted drop box" means an industry standard, open top metal roll-off container (also sometimes referred to as a "lugger" or "dino"), equipped for being mechanically rolled onto a vehicle, for collection and transportation of solid waste or recyclable materials:

(i)

With a capacity of not less than ten cubic yards;

(ii)

Which is delivered to and left at a customer's site for deposit therein of exempted drop box materials, then picked up and transported to a materials processing or disposal facility for emptying; and,

(iii)

Excluding a) compactors, b) bins, c) containers or receptacles emptied or serviced by front loader vehicles, d) any vehicle into which the materials are deposited at the time of collection at the collection site and e) any other container, receptacle or vehicle not described in subsections (i) and (ii) above.

"Exempted drop box material" means solid waste and approved recyclable material collected and transported in an exempted drop box using exempted drop box services, but excludes;

(a)

Garbage; and,

(b)

Compacted solid waste and compacted approved recyclable materials.

"Exempted drop box services" means the collection and transportation by an exempted hauler of exempted drop box materials, using an exempted drop box, performed as temporary service and excluding any collection or transportation that would replace, limit or reduce permanent service collection by contractor. The provision of exempted drop box service shall not limit or amend the obligation of customers to subscribe to collection services under the agreements. Examples of exempted drop box services include, (each of which are hereby excluded from the exclusive franchise of contractor under this agreement and which may be collected and hauled by exempted haulers using exempted drop box services), in each case by exempted haulers using an exempted drop box,

(i)

The collection and transportation of landscaping and related materials generated by a landscaper or similar landscaping, gardening, pruning, tree trimming and other landscape maintenance service providers

(ii)

The collection and transportation of exempted drop box materials generated at special events (but excluding materials which are the subject of permanent services at the event location),

(iii)

The collection and transportation of exempted drop box materials under single occurrence service contracts or arrangements for collection and transportation of exempted drop box materials and

(iv)

Collection and transportation of exempted drop box materials generated in connection with occasional, irregularly scheduled cleanup and disposal by customers.

"Exempted facility" means the facility identified in the commercial agreement.

"Exempted facility materials" means collection materials delivered to and accepted, processed, and recycled or disposed by the exempted facility i) in an amount equal to or less than the exempted facility material limit and ii) excluding garbage.

"Exempted facility materials limit" for the exempted facility shall be a total annual volume of exempted facility materials under both commercial agreements in the amount specified and as adjusted as provided in the commercial agreements.

"Exempted hauler account" means a contract or account

(i)

Established on or before October 24, 2012 and continuing as of October 24, 2012;

(ii)

Under or pursuant to which contract or account an exempted hauler has provided collection and transportation of solid waste and/or recyclable materials from commercial activity on a regularly scheduled, recurring basis;

(iii)

To a customer identified in a the commercial agreement; and

(iv)

Approved by the city.

All approved exempted hauler accounts of each exempted hauler, including the name and address of each customer to which service is provided for each exempted hauler account, shall be identified in the commercial agreement.

"Exempted hauler account material" means solid waste and recyclable material collected from an identified customer under an exempted account and transported by such exempted hauler using exempted hauler account services, but excluding garbage.

"Exempted hauler account services" means the collection and transportation by an exempted hauler of exempted hauler account materials from an exempted hauler account.

"Exempted haulers" means "exempted haulers" means persons or entities: (i) licensed as of October 24, 2012 by the city and the Washoe County Health District to collect and transport solid waste and recyclable materials in the City of Reno; and, (ii) actively engaged, as its primary business, in the collection and transportation of solid waste and recyclable materials in the City of Reno as of October 24, 2012, including contractor.

"Food waste" means all source separated compostable pre-consumer and post-consumer food waste, such as whole or partial pieces of produce, meats, bones, cheese, bread, cereals, coffee grounds and egg shells, and food-soiled paper such as paper napkins, paper towels, paper plates, coffee filters, paper take-out boxes, pizza boxes, paper milk cartons or other paper products accepted by the contractor's selected composting facility or other processing facility and that has been source separated and placed in a container for recycling. Food waste shall not include dead animals weighing over 15 pounds, plastics, diapers, cat litter, liquid wastes, pet wastes or other materials prohibited by the selected composting or other processing facility. The materials accepted by composting site selected by contractor may change from time to time and the definition of food waste shall change accordingly.

"Franchise hauler terms" has the meaning provided in the disposal agreement.

"Garbage" means putrescible animal and vegetable waste resulting from the handling, storage, preparation, cooking and sale and serving of food and beverage, excluding excluded materials and source separated food waste that is actually recycled. The mixing, addition, or commingling of garbage with rubbish, trash or other waste matter, exclusive of items i) through viii), inclusive under the definition of excluded materials, renders the entire resulting mixture as garbage.

"Green waste" means source separated biodegradable materials including branches (less than three inches in diameter), brush, cut flowers, dead plants, grass clippings, house plants, leaves, pruning's, shrubs, weeds, wood (uncoated and untreated), wood chips, yard trimmings, Christmas trees (placed in carts/bins, with no stands, flocking, and/or decorations, and cut into two-foot sections) that has been placed in a container for recycling, excluding excluded materials.

"Gross receipts" means the rate revenues actually received, including all money, cash, receipts, property or other thing of value collected by contractor from customers for the collection services described on the scope of services, but excluding any revenues, receipts or proceeds from other sources. Gross receipts does not include proceeds from special services or from the sale of recyclable materials.

"Hazardous waste" means hazardous waste as defined in Nevada Revised Statutes 459.430, hazardous substance as defined in Nevada Revised Statute 459.429 and other hazardous or toxic materials as defined under any other local, state or federal law.

"Medical and infectious waste" means biomedical waste generated at hospitals, public or private medical clinics, dental offices, research laboratories, pharmaceutical industries, blood banks, mortuaries, veterinary facilities, and other similar establishments.

"Menu rates" means the rates listed and identified as menu rates on the scope of services of an agreement, which are payable by customers to contractor for the menu services.

"Menu services" means the services listed and identified as menu services on the scope of services of an agreement.

"Multi-family complex" means a multiple-unit residence with five or more units, some of which are attached, which are billed collectively for collection services hereunder.

"Operating standards" means the additional terms and conditions attached to any agreement which are made a part thereof and incorporated therein by reference and which shall be applicable to all service providers under the agreements.

"Paper shredder materials" means paper and similar paper products and the products and residue resulting from shredding thereof collected and shredded by properly licensed service providers providing paper shredding services.

"Permanent services" means collection services that generally or usually occur on a regularly scheduled, recurring basis.

"Qualified service contract" means a binding service contract with a commercial customer for the collection and transportation in the city of solid waste or recyclable materials, or both, dated on or before September 15, 2012, by any service provider properly licensed to collect and transport such materials in the city.

"Rate revenues" means the revenues from the rates billed to and collected from customers by contractor for provision of collection services.

"Rates" or "rate" means the amount each and all customers shall be charged by contractor for collection services.

"Recyclable materials" or "recyclables" means materials that can be processed and returned to the economic mainstream in the form of raw materials or products, including without limitation materials that become capable of being recycled using new methods, processes or technology developed or implemented after the effective date of this ordinance.

"Recycle", "recycled", "recycling" means the process of collection, sorting, cleansing, treating and reconstituting of recyclable materials that would otherwise be disposed of, and returning them to the economy in the form of raw materials for new, reused, repaired, refabricated, remanufactured, or reconstituted products.

"Residence" or "residential" means a living space with a kitchen that is individually rented, leased or owned, including without limitation single family homes, mobile homes, multiple unit facilities with four or fewer units and multiple unit facilities containing five or more units if the units are each served and billed separately under any agreement, but excluding multi-family complexes.

"Residential agreement" means an agreement between the city and a contractor for the collection and transportation of solid waste and recyclable materials from residential customers in an exclusive service area.

"Residue" means materials which remain after processing recyclable materials which cannot be recycled, marketed, or otherwise utilized, including, but not limited to, materials such as contaminated paper, putrescible waste, and other debris.

"Return on revenue" means as provided in Section 6.2 [5.90.090] hereof.

"Scope of services" means portion of an agreement which specifies each category or type of collection services, the rates applicable to the collection services, certain other charges and fees which may be charged by contractor, and certain other terms.

"Self-haul" or "self-hauler" means that any generator of recyclable materials from commercial activity may itself (for a commercial generator, this means performance of all collection and transportation services by an individual listed on its payroll as an employee), but not by or through an agent, contractor or other third party, collect, transport and deliver those recyclable materials generated within the city by that generator only; provided, however, all self-haul owners and occupants shall be required to subscribe to collection services as provided under the agreements, unless exempted thereunder.

"Single-stream recycling" means the use of a single container to collect source separated recyclables on a co-mingled basis.

"Solid waste" means all putrescible and nonputrescible waste matter in solid or semi-solid form, including but not limited to rubbish, garbage, ashes, refuse, and residue, but excluding excluded materials.

"Source separated" means the separation of any material or category of materials from other materials by the generator at the point or place of generation.

"Source separated recyclables" means approved recyclable materials that are separated by the generator thereof from all materials other than approved recyclable materials and properly prepared and placed together in a recycling container for collection.

"Special services" means various collection and other services to which contractor is not granted the exclusive right of collection under an agreement and of which contractor is not required to provide collection under an agreement, but which services contractor at its option may offer to its customers and to others anywhere in the city at rates and charges determined by contractor.

"Special waste" includes any materials that under current or future statute, ordinance or regulation require the application of special treatment, handling, or disposal practices beyond those normally required for solid waste. "Special waste" shall be deemed to include, without limitation, all of the following: flammable waste; liquid waste transported in a bulk tanker; sewage sludge; pollution control process waste; residue and debris from cleanup of a spill or release of chemical substances, contaminated soil, waste, residue, debris, and articles from the cleanup of a site or facility formerly used for the generation, storage, treatment, recycling, reclamation, or disposal of any other special wastes; dead animals; manure; waste water; explosive substances; radioactive substances; fluorescent tubes; and abandoned or discarded automobiles, trucks, motorcycles or parts thereof, including tires and vehicle batteries.

"Standard service(s)" means the services listed and identified on the scope of services in the residential agreement, which includes the collection of i) solid waste, ii) source separated recyclables and iii) sticker materials, as well as disposal facility access.

"Temporary service" means exempted drop box service that is: (i) temporary and not recurring; (ii) provided for a period of 60 days or less; and, (iii) excludes permanent services.

"Transition period" means the period commencing on the effective date of this ordinance and ending on January 1, 2015.

"Transition rates" means the rates applicable during the transition period to each commercial customer who is a party to a qualified service contract.

"Working days" means, unless otherwise specified, Monday through Friday, excluding legal holidays.

(Ord. No. 4765, § 1, 7-8-97; Ord. No. 5100, § 1, 12-14-99; Ord. No. 6260, § 1, 11-7-12)