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City of Pleasanton Article 1. Definitions <br />Franchise Agreement with Pleasanton Garbage Service <br />275 1.49 E-Waste <br />276 "E-Waste" means discarded electronic equipment including, but not limited to, televisions, computer <br />277 monitors, central processing units (CPUs), laptop computers, computer peripherals (including external <br />278 hard drives, keyboards,scanners,and mice), printers,copiers,facsimile machines, radios,stereos,stereo <br />279 speakers, VCRs, DVDs, camcorders, microwaves, telephones, cellular telephones, and other electronic <br />280 devices. Some E-Waste or components thereof may be Hazardous Waste or include Hazardous <br />281 Substances and thus require special handling, Processing,or Disposal. <br />282 1.50 Food Scraps <br />283 "Food Scraps" means those Discarded Materials that will decompose and/or putrefy including (i) all <br />284 kitchen and table food waste, (ii) animal or vegetable waste that is generated during or results from the <br />285 storage, preparation, cooking or handling of food stuffs, (iii) discarded paper that is contaminated with <br />286 Food Scraps; (iv)fruit waste,grain waste,dairy waste, meat and fish waste;and, (v) non-Recyclable paper <br />287 or contaminated paper. Food Scraps are a subset of Organic Materials. <br />288 1.51 Franchise Fee <br />289 "Franchise Fee" means the fee paid by Contractor to City for the privilege to hold the exclusive rights <br />290 granted by this Agreement. Such fee shall be treated as a regulatory fee for purposes of calculating <br />291 Contractor's total annual cost and Rates. <br />292 1.52 Generator <br />293 "Generator" means any Person as defined by Section 40170 of the Public Resources Code, whose act or <br />294 process produces Solid Waste, Recyclable Materials, or Organic Materials as defined in the Public <br />295 Resources Code,or whose act first causes Solid Waste to become subject to regulation. <br />296 1.53 Gross Rate Revenue <br />297 "Gross Rate Revenue" means the actual monies remitted to Contractor by Customers, which shall be <br />298 determined in accordance with Generally Accepted Accounting Principles. <br />299 1.54 Hazardous Substance <br />300 "Hazardous Substance" means any of the following: (a) any substances defined, regulated or listed <br />301 (directly or by reference) as "Hazardous Substances", "hazardous materials", "Hazardous Wastes", "toxic <br />302 waste", "pollutant" or "toxic substances" or similarly identified as hazardous to human health or the <br />303 environment, in or pursuant to (i) the Comprehensive Environmental Response, Compensation and <br />304 Liability Act(CERCLA)of 1980,42 USC§9601 et seq. (CERCLA);(ii)the Hazardous Materials Transportation <br />305 Act, 49 USC §1802, et seq.; (iii) the Resource Conservation and Recovery Act, 42 USC §6901 et seq.; (iv) <br />306 the Clean Water Act,33 USC§1251 et seq.;(v)California Health and Safety Code§§25115-25117,25249.8, <br />307 25281,and 25316;(vi)the Clean Air Act,42 USC§7901 et seq.;and(vii)California Water Code§13050; (b) <br />308 any amendments, rules or regulations promulgated thereunder to such enumerated statutes or acts <br />309 currently existing or hereafter enacted; and (c) any other hazardous or toxic substance, material, <br />310 chemical, waste or pollutant identified as hazardous or toxic or regulated under any other applicable <br />City of Pleasanton Page 10 March 8, 2018