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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 11 June 7, 2022March 8, 2018
<br />1.61 “Food Recovery Service” means a Person or entity that collects and transports Edible Food from 326
<br />a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food 327
<br />Recovery; or as otherwise defined in 14 CCR Section 18982(a)(26). 328
<br />1.62 "Food Scraps" means those Discarded Materials that will decompose and/or putrefy including (i) 329
<br />all kitchen and table food waste, (ii) animal or vegetable waste that is generated during or results 330
<br />from the storage, preparation, cooking or handling of food stuffs, (iii) discarded paper that is 331
<br />contaminated with Food Scraps; (iv) fruit waste, grain waste, dairy waste, meat and fish waste; 332
<br />and, (v) non-Recyclable paper or contaminated paper. Food Scraps are a subset of Organic 333
<br />Materials. 334
<br />1.63 "Franchise Fee" means the fee paid by Contractor to City for the privilege to hold the exclusive 335
<br />rights granted by this Agreement. Such fee shall be treated as a regulatory fee for purposes of 336
<br />calculating Contractor’s total annual cost and Rates. 337
<br />1.64 "Generator" means any Person as defined by Section 40170 of the Public Resources Code, whose 338
<br />act or process produces Solid Waste, Recyclable Materials, or Organic Materials as defined in the 339
<br />Public Resources Code, or whose act first causes Solid Waste to become subject to regulation. 340
<br />1.65 “Gross Rate Revenue” means the actual monies remitted to Contractor by Customers, which 341
<br />shall be determined in accordance with Generally Accepted Accounting Principles. 342
<br />1.66 "Hazardous Substance" means any of the following: (a) any substances defined, regulated or 343
<br />listed (directly or by reference) as "Hazardous Substances", "hazardous materials", "Hazardous 344
<br />Wastes", "toxic waste", "pollutant" or "toxic substances" or similarly identified as hazardous to 345
<br />human health or the environment, in or pursuant to (i) the Comprehensive Environmental 346
<br />Response, Compensation and Liability Act (CERCLA) of 1980, 42 USC §9601 et seq. (CERCLA); (ii) 347
<br />the Hazardous Materials Transportation Act, 49 USC §1802, et seq.; (iii) the Resource 348
<br />Conservation and Recovery Act, 42 USC §6901 et seq.; (iv) the Clean Water Act, 33 USC §1251 et 349
<br />seq.; (v) California Health and Safety Code §§25115-25117, 25249.8, 25281, and 25316; (vi) the 350
<br />Clean Air Act, 42 USC §7901 et seq.; and (vii) California Water Code §13050; (b) any amendments, 351
<br />rules or regulations promulgated thereunder to such enumerated statutes or acts currently 352
<br />existing or hereafter enacted; and (c) any other hazardous or toxic substance, material, chemical, 353
<br />waste or pollutant identified as hazardous or toxic or regulated under any other applicable 354
<br />federal, State or local environmental laws currently existing or hereinafter enacted, including, 355
<br />without limitation, friable asbestos, polychlorinated biphenyl’s ("PCBs"), petroleum, natural gas 356
<br />and synthetic fuel products, and by-products. 357
<br />1.67 "Hazardous Waste" means all substances defined as Hazardous Waste, acutely Hazardous 358
<br />Waste, or extremely Hazardous Waste by the State of California in Health and Safety Code 359
<br />Sections 25117, 25110.02, and 25115, or in the future amendments to or recodifications of such 360
<br />statutes, or identified and listed as Hazardous Waste by the U.S. Environmental Protection 361
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