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The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning.

“Alley” means a public passageway affording a secondary means of access to abutting property for utility, emergency and Solid Waste vehicles.

“Ashes” means all residue from the burning of any combustible material, but does not include ashes from medical waste, Hazardous Waste or special waste.

“Bulk Trash” means all manmade materials that are bulky or cumbersome such as washers, hot water heaters and other appliances, sofas, tables, beds and other large household furniture, yard waste and other Refuse items which by size, shape or quantity will not fit into a residential roll-out container.

“Collection Container” means a Solid Waste Cart, a Recycling Cart, and/or a Green Waste Cart.

“Collection Employee” means any individual employed by the Town for the purpose of effectuating the provisions of this Article.

“Collection Services” means curb-side pick up of Solid Waste, Recyclable Materials and Green Waste.

“Commingle” means to blend or cause to blend together.

“Commercial Solid Waste Generator” means any Person owning, leasing, managing, renting or occupying any business, home-based business, industrial or commercial building, or construction site, which generates Refuse, Solid Waste or Recyclables.

“Construction Waste” means all waste building materials and rubble resulting from construction, remodeling, repair and demolition operations on commercial, institutional and industrial establishments, Dwelling Units, garages, pavements, streets, Alleys, trenches, ditches, underground utilities, excavations and other structures. Construction waste includes but is not limited to rocks, debris, dirt, brick, fill, plaster, and all types of scrap building materials, including but not limited to lumber scraps, shingles, plaster, brick, stone and concrete.

“Contaminate” means to spoil, pollute or make unclean so as to make something unfit for use.

“Customer” means, and includes, any entity, property owner, manager, agent, tenant or occupant of a property within the Town.

“Director” means the Town of Fountain Hills Development Services Department Director or his authorized designee. If the Town does not have a Development Services Director, the Town Manager or authorized designee shall be the Director.

“Dwelling Unit” means any building or structure used solely as a family domicile, including single-family and multifamily units, apartments, Townhouses, condominiums, rooming houses and boarding houses, and manufactured homes.

“Garbage” means all putrescible wastes, except sewer and body wastes, including all organic wastes prepared for or intended to be used as food or which have resulted from the preparation of food, including all such substances from public and private establishments and residences.

“Green Waste Cart” means a receptacle with wheels with a capacity of up to approximately 96 gallons designed or intended to be mechanically dumped into a load-packer type garbage truck for the collection of yard waste from Residential Service Units.

“Hazardous Waste” means any discarded material hazardous by reason of its pathological, explosive, flammable, radiological, corrosive, reactive, or toxic nature. The term shall mean any material that can cause damage or injury to property or Persons. Hazardous waste includes but is not limited to any chemical, compound, mixture, substance, product or other material which is a hazardous waste pursuant to Ariz. Rev. Stat. § 49-921 as may be amended from time to time, or Code of Federal Regulations, Part 261.

“Licensed Solid Waste Contractor” means any Person, firm or entity holding a license issued by the Town that permits the Licensed Solid Waste Collector to operate within the Town for the purpose of providing Solid Waste Collection Services to Commercial Solid Waste Generators.

“Medical Sharps” means discarded sharps used in human or animal care, medical research, or clinical laboratories. This includes hypodermic needles, syringes, pipettes, scalpel blades, blood vials, needles attached to tubing, broken and unbroken glassware, and slides and coverslips. The term medical sharps shall have the same definition as set forth in the Arizona Administrative Code R18-13-1401 as may be amended from time to time.

“Medical Waste” means any Solid Waste that is generated in the diagnosis, treatment, or immunization of a human being or animal or in any research relating to that diagnosis, treatment or immunization, or in the production or testing of biologicals, and includes discarded drugs, but does not include hazardous wastes as defined in Ariz. Rev. Stat. § 49-921 other than conditionally exempt small quantity generator waste, and shall have the same meaning as set forth in Ariz. Rev. Stat. § 49-701 as may be amended from time to time.

“Notice” means a written instrument served by the Town in one of the following manners, with time commencing from date of mailing, serving, filing or recording:

1. By the use of United States certified mail to the last known address of the Person to whom it is required to be given.

2. By personal service upon the Person or his lawful representative.

“Person” means any individual, corporation, partnership, company, firm, association, society or other entity of any legal form.

“Premises” means land, buildings, or other structures, or parts thereof.

“Recyclable Material or Recyclables” means any Solid Waste separated from other Solid Waste for the purpose of being recycled. Recyclables may include, but are not limited to metals, plastics, glass, cardboard and paper.

“Recycling” means the process of collecting, separating, cleansing, treating and reconstituting post-consumer materials that would otherwise become Solid Waste and returning them to the economic stream in the form of raw material for reconstituted products.

“Recycling Cart” means a receptacle with wheels with a capacity of up to approximately 96 gallons designed or intended to be mechanically dumped into a loader-packer type garbage truck for the Collection of Recyclables from Residential Service Units and special events.

“Refuse” means “Solid Waste.”

“Residential Service Unit” means a Dwelling Unit for which Collection Services may be provided utilizing individual Collection Containers for each Dwelling Unit and which is not part of a multifamily residential building for which Solid Waste and Recyclables are collected in dumpsters.

“Solid Waste” means all wastes and materials discarded. Solid Waste includes but is not limited to Bulk Waste, Construction Waste, Garbage, Hazardous Waste, Medical Sharps, Medical Waste, Trash and Yard Waste.

“Solid Waste Cart” means a receptacle with wheels with a capacity of up to approximately 96 gallons designed or intended to be mechanically dumped into a loader-packer type garbage truck for the Collection of Residential Solid Waste.

“Solid Waste Collection Services” means the collection and disposal, including the cost of landfills, and other disposal technology required to dispose of Solid Waste and the collection, sorting, sale and disposal of Recyclable Materials.

“Town-Supplied Containers” means those Collection Containers supplied to Residential Service Units by the Town or its contractor, whether or not the cost of the container was paid for by the Town.

“Trash” means rubbish, waste, debris and all other nonputrescible wastes.

“Yard Waste” means brush, grass and vegetation clippings, weeds, twigs, leaves, limbs, branches and trunks from trees, palm fronds and general yard, garden and tree rubbish and waste materials. (10-08, Amended, 11/04/2010)