§ 32-153. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them by this section, except where the context clearly indicates a different meaning:

Annual rate of compensation shall mean the amount of money per residential premises, within each franchise area, to be fixed and paid by the county to the individual franchisees for full solid waste and recycling collection services rendered by the franchisees for residential premises within the sanitation district.

Applicant shall mean:

(1)

A person applying to the county for the commercial license required to collect or transport solid waste for hire or remuneration or other consideration within the unincorporated county or county-wide as specified herein; or

(2)

A person applying to the county for the registration certificate required to collect, process, convey or transport recovered materials for hire or remuneration or other consideration within Orange County.

Appropriate disposal and/or recycling site shall mean the place or places that are properly zoned, permitted, registered, or licensed in accordance with all applicable local and state laws for the disposal of solid waste and/or the processing of recyclable materials.

Bear management area shall mean an area within Orange County in which there is a high incidence bear/human interactions recorded by the Florida Fish and Wildlife Conservation Commission, occurring at a level that poses a potential threat to the health, safety, and welfare of the citizens and visitors to Orange County, and is designated as such by the director.

Bear resistant commercial refuse container shall mean a commercial refuse container with a reinforced lid and a latching mechanism, or other county-approved method that prevents access to the contents by bears.

Biohazardous waste shall mean those wastes which may cause disease or reasonably be suspected of harboring pathogenic organisms; including, but not limited to, waste resulting from the operation of medical clinics, hospitals, and other facilities producing wastes which may consist of, but are not limited to, diseased human and animal parts, dead animals, contaminated bandages, pathological specimens, hypodermic needles, contaminated clothing, surgical gloves and other biological wastes.

Biological waste shall be as defined in F.S. ch. 403.

Bulk trash shall mean any nonvegetative item which cannot be containerized, bagged, or bundled; including, but not limited to, automobile tires, household appliances, toilets, pool heaters, water softeners, pianos, bath tubs, water heaters, sinks, bicycles, household goods and furniture and shall not be commingled with yard waste. Bulk trash shall not mean any Freon-containing devices.

Commercial customer shall mean a person who receives commercial services as provided in this article.

Commercial generator shall mean a person who owns or controls a site in unincorporated Orange County, other than a residential premises, which is the point of origination of solid waste or recovered materials, and is eligible to receive commercial services as provided in this article; provided, however, provisions of this ordinance could be applicable in an incorporated municipality by interlocal or other agreement or by law.

Commercial licensee or licensee shall mean those persons that have filed an application with, and received a license from, Orange County to provide solid waste collection and transport services in unincorporated Orange County. Commercial licensees shall be those persons that provide commercial service to one (1) or more of the following categories:

(1)

Multifamily - collection of solid waste from residential dwellings and mobile home parks not otherwise provided full service.

(2)

Construction and demolition - collection of construction and demolition debris only.

(3)

Other commercial - collection of solid waste from commercial generators not covered under (1) and (2).

Commercial service shall mean the mechanical containerized pickup or container pickup of solid waste or yard waste provided by a commercial licensee to any licensed mobile home park exceeding four (4) dwelling units, and to multifamily residences exceeding four (4) dwelling units, under one (1) common roof, and to business, commercial or industrial enterprises of all types licensed to do business in the county.

Commercial service container shall mean an industry standard container made for commercial collection which is constructed of an acceptable nonabsorbent material.

Consumer shall mean a person directly benefitting from full solid waste and recycling collection service as provided by this article, who possesses or resides at a residential premises entitled to full solid waste and recycling collection service.

Container shall mean a garbage, trash or yard waste container made of an acceptable nonabsorbent material provided with a closely-fitting cover. The type and capacity of the container shall be as specified in the program requirements developed pursuant to this article.

De minimus quantities, in appropriate context, shall be defined as:

(1)

No more than ten (10) percent by volume of designated recyclable materials in a solid waste load delivered to a county facility or a facility under contract with the county;

(2)

No more than ten (10) percent by volume of solid waste in a recovered materials container at the point of generation.

Designated recyclable materials shall mean those recyclable materials that are designated pursuant to section 32-155 of this article.

Director shall mean the Orange County Utilities Director or his/her designee.

Disabled persons shall mean persons who are certified by a licensed physician to be physically unable to transport garbage and/or recycling materials to curb or road frontage area from other areas of the person's residential property and who reside alone or reside only with other persons likewise unable to transport garbage and/or recyclable materials to curb or road frontage area.

Division shall mean the Orange County Solid Waste Division.

Franchisee shall mean a corporation that has been awarded a contract by, or entered into an agreement with the county, to provide full solid waste and recycling collection services.

Franchise agreement shall mean any agreement or contract executed between the board and a corporation for the provision of full solid waste and recycling collection services.

Franchise areas shall mean geographical areas in the county which are identified and defined for purposes of facilitating the orderly collection and transportation of residential waste materials and designated recyclable materials.

Freon-containing devices shall mean appliances or devices which contain or may release freon, including, but not limited to refrigerators, freezers, air conditioners, and dehumidifiers.

Full solid waste and recycling collection service, (also known as "full service") shall mean the mandatory curbside and rear door collection service of garbage, designated recyclable materials, yard waste and bulk trash provided pursuant to this article to those consumers owning or possessing property located in unincorporated Orange County.

Garbage shall mean all putrescible waste, all animal or vegetable refuse or residue that results from the preparation of or care for or treatment of foodstuffs intended to be used as food, or that results from preparation or handling of food for human consumption, any decayed or unsound meat, fish, or vegetable, and the containers used in the preparation of such foodstuffs, and other discarded household items not otherwise defined as biohazardous waste, hazardous waste, bulk trash, designated recyclable materials, prohibited residential wastes, or yard waste.

Hazardous waste shall mean solid waste regulated by the State of Florida Department of Environmental Protection as a hazardous waste pursuant to Chapter 62-730, Fla. Admin. Code.

Household items shall mean material such as packaging, small appliances, bicycles, records, pet wastes, common household materials, materials from minor home repairs, minor remodeling projects and from hobby activities generated by a consumer at a residential premises and which are not included in the definition of garbage, yard waste, bulk trash, hazardous waste, biological waste or prohibited residential wastes.

Mobile home park shall mean a community of mobile homes where individual mobile home lots are in a common ownership.

Mobile home subdivisions shall mean a community of mobile homes where individual mobile home lots are individually owned.

Municipality shall mean any one (1) of the cities located within Orange County.

Orange County shall mean those incorporated and unincorporated areas located within Orange County, Florida, unless otherwise specified.

Person shall mean all natural persons, partnerships, corporations, or entities of any kind. For the purposes of this article, a person shall not include a municipality.

Program requirements for full solid waste and recycling collection service (also known as "program requirements") shall mean requirements, processes and procedures developed by the director or designee for participation in the full solid waste and recyclable collection services provided by the county. Such requirements may specify required container type and capacity, requirements for placement of garbage, bulk trash, yard waste and recyclables and other requirements deemed necessary for orderly collection of garbage, yard waste and recyclables.

Prohibited residential wastes shall mean wastes that require special handling and management including, but not limited to, Freon-containing devices, used oil, lead-acid batteries, automobiles, boats, internal combustion engines, sludge, dead animals, septic tank waste, biohazardous waste, liquid waste, and hazardous waste. Prohibited residential wastes may also include items determined by the director or designee to be unmanageable.

Rates shall mean those charges and fees adopted by the board by resolution or contract for the management of solid waste and recovered materials. Rates adopted by the board shall be administered by the solid waste division. This definition shall also mean those charges and fees collected by commercial licensees or registrants. Provided, however, that this article is not intended to authorize Orange County to establish rates charged by commercial licensees or registrants to commercial generators.

Recovered materials shall be as defined in F.S. ch. 403.

Recycling area or recycling sites shall mean any site, location, tract of land, area, building, structure, transfer box, transfer station or other premises to be used for recycling of recovered materials or accumulation for the county's recycling program as approved by the director.

Recycling container shall mean containers approved by the director for residential recycling collection, as specified in the program requirements.

Recycling program or program shall mean the recycling program approved by the board on February 20, 1989, as such program may be amended from time to time.

Refuse shall mean any waste that could reasonably attract bears including, but not be limited to: kitchen organic waste, food, food packaging, toothpaste, deodorant, cosmetics, spices, seasonings and grease.

Registrant shall be those persons who have filed an application with the county to collect, transport, convey or process recovered materials in Orange County and have subsequently received a registration certificate from the county. Municipalities shall not be subject to registration except as provided in the interlocal agreement with the county.

Residential franchise shall mean a franchise awarded by the board to a collector of residential waste materials and recyclables, pursuant to the provisions of this article, wherein the franchisee agrees to be bound by the terms of this article and to provide full solid waste and recycling service to the designated area in accordance with the terms of a residential franchise agreement entered into by the county and the franchisee.

Residential premises shall mean every lot or parcel of land which is improved for occupancy as a single-family residence, duplex, triplex, quadplex or mobile home park not exceeding four (4) units. For purposes of calculating the number of residential premises, each dwelling unit shall constitute a separate unit.

Residential waste materials shall mean residential garbage, yard waste and bulk trash designated for collection under the full solid waste and recycling collection service program.

Scavenging shall mean the act of removing materials from containers at curbside, or other areas designated by Orange County for collection, without the specific written permission of the county.

Solid waste shall be as defined in F.S. ch. 403.

Special wastes shall be as defined in F.S. ch. 403.

Yard waste shall mean waste that is vegetative matter resulting from landscaping maintenance from that premises from which the waste is generated and includes material such as tree and shrub trimmings, grass clippings, palm fronds, tree leaves, and tree stumps.

(Code 1965, § 15-43; Ord. No. 85-17, § 3, 6-10-85; Ord. No. 87-23, § 1, 7-20-87; Ord. No. 88-13, § 1, 9-19-88; Ord. No. 90-14, § 1, 6-25-90; Ord. No. 91-28, § 1, 12-17-91; Ord. No. 94-18, § 3, 8-30-94; Ord. No. 97-23, § 1, 12-16-97; Ord. No. 2008-03 , §§ 1, 2, 2-5-08; Ord. No. 2016-24 , § 1, 11-1-16)