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City of Pleasanton Article 1. Definitions
<br /> Franchise Agreement with Pleasanton Garbage Service
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<br />City of Pleasanton Page 10 June 7, 2022
<br />1.62 "Food Scraps" means those Discarded Materials that will decompose and/or putrefy including (i) 317
<br />all kitchen and table food waste, (ii) animal or vegetable waste that is generated during or results from 318
<br />the storage, preparation, cooking or handling of food stuffs, (iii) discarded paper that is contaminated 319
<br />with Food Scraps or liquid; (iv) fruit waste, grain waste, dairy waste, meat and fish waste; and, (v) non-320
<br />Recyclable paper or contaminated paper. Food Scraps are a subset of Organic Materials. 321
<br />1.63 "Franchise Fee" means the fee paid by Contractor to City for the privilege to hold the exclusive 322
<br />rights granted by this Agreement. Such fee shall be treated as a regulatory fee for purposes of 323
<br />calculating Contractor’s total annual cost and Rates. 324
<br />1.64 "Generator" means any Person as defined by Section 40170 of the Public Resources Code, whose 325
<br />act or process produces Solid Waste, Recyclable Materials, or Organic Materials as defined in the 326
<br />Public Resources Code, or whose act first causes Discarded Materials to become subject to regulation. 327
<br />1.65 “Gross Rate Revenue” means the actual monies remitted to Contractor by Customers, which shall 328
<br />be determined in accordance with Generally Accepted Accounting Principles. 329
<br />1.66 "Hazardous Substance" means any of the following: (a) any substances defined, regulated or listed 330
<br />(directly or by reference) as "Hazardous Substances", "hazardous materials", "Hazardous Wastes", 331
<br />"toxic waste", "pollutant" or "toxic substances" or similarly identified as hazardous to human health 332
<br />or the environment, in or pursuant to (i) the Comprehensive Environmental Response, Compensation 333
<br />and Liability Act (CERCLA) of 1980, 42 USC §9601 et seq. (CERCLA); (ii) the Hazardous Materials 334
<br />Transportation Act, 49 USC §1802, et seq.; (iii) the Resource Conservation and Recovery Act, 42 USC 335
<br />§6901 et seq.; (iv) the Clean Water Act, 33 USC §1251 et seq.; (v) California Health and Safety Code 336
<br />§§25115-25117, 25249.8, 25281, and 25316; (vi) the Clean Air Act, 42 USC §7901 et seq.; and (vii) 337
<br />California Water Code §13050; (b) any amendments, rules or regulations promulgated thereunder to 338
<br />such enumerated statutes or acts currently existing or hereafter enacted; and (c) any other hazardous 339
<br />or toxic substance, material, chemical, waste or pollutant identified as hazardous or toxic or regulated 340
<br />under any other applicable federal, State or local environmental laws currently existing or hereinafter 341
<br />enacted, including, without limitation, friable asbestos, polychlorinated biphenyl’s ("PCBs"), 342
<br />petroleum, natural gas and synthetic fuel products, and by-products. 343
<br />1.67 "Hazardous Waste" means all substances defined as Hazardous Waste, acutely Hazardous Waste, 344
<br />or extremely Hazardous Waste by the State of California in Health and Safety Code Sections 25117, 345
<br />25110.02, and 25115, or in the future amendments to or recodifications of such statutes, or identified 346
<br />and listed as Hazardous Waste by the U.S. Environmental Protection Agency, pursuant to the Federal 347
<br />Resource Conservation and Recovery Act (42 USC Section 6901, et seq.), all future amendments 348
<br />thereto and all rules and regulations promulgated thereunder. 349
<br />1.68 “Holidays” means New Year’s Day and Christmas Day for the purposes of planning the Collection 350
<br />schedule. 351
<br />1.69 "Household Hazardous Waste" means Hazardous Waste generated at Residential Premises within 352
<br />the City. 353
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