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all Solid Waste generated at construction and demolition sites, and at treatment works
<br />for water and wastewater, which are Collected and transported under the authorization
<br />of the City or are self -hauled by residents or contractors. Municipal Solid Waste does
<br />not include agricultural crop residues, mining waste and fuel extraction waste, forestry
<br />wastes, ash from industrial boilers, furnaces and incinerators or Hazardous Material,
<br />any waste which is not permitted to be disposed of at a Class III landfill and which fall
<br />within the definition of "Nonhazardous Solid Waste' set forth in Title 23, Chapter 15,
<br />Section 2523(a) of the California Code of Regulations as amended or designated Class II
<br />wastes. Materials shall be deemed "Solid Waste" consistent with the meaning of
<br />California Public Resources Code Section 40191, and for purposes of this Agreement
<br />shall be regulated as such, whether or not they may be potentially Recyclables, in either
<br />of the following instances: (a) the material is mixed or commingled with other types of
<br />Solid Waste such that more than 65% of the material consists of Solid Waste rather than
<br />Recyclables, or (b) the payment of a fee, charge, or other consideration, in any form or
<br />amount, is directly or indirectly solicited or received from the generator by any Person
<br />or combination of Persons in exchange for Collection, removal, transportation, storage,
<br />processing, handling, consulting, Container rental or Disposal services ("fee for service"
<br />Recycling), whether or not arranged by or through a subcontractor, broker, agent,
<br />consultant, or affiliate of the provider of such service.
<br />1.76 Solid Waste Handling Services
<br />"Solid Waste Handling Services" means the Collection, transfer, transport, Recycling,
<br />processing, and Disposal of Solid Waste.
<br />1.77 Source Separation/Source-Separated
<br />"Source Separation" or "Source -Separated" means materials, including commingled
<br />Recyclable Materials, that have been separated or kept separate from the Refuse stream,
<br />at the point of generation, for the purpose of additional sorting or Processing of those
<br />materials for Recycling or reuse in order to return them to the economic mainstream in
<br />the form of raw material for new, reused, or reconstituted products which meet the
<br />quality standards necessary to be used in the marketplace, or as otherwise defined in 14
<br />CCR Section 17402.5(b)(4). For the purposes of the Agreement, Source Separated shall
<br />include separation of materials by the Generator, property Owner, property Owner's
<br />employee, property manager, or property manager's employee into different
<br />Containers for the purpose of Collection such that Source Separated materials are
<br />August 17, 2021 21 City of Santa Ana
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