25A - REFUSE COLLECTION/RECYCLING SOLID WASTE

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characteristics, and are defined as a "hazardous substance" or "hazardous waste" pursuant to the Resource Conservation and Recovery Act" ("RCRA"), cannot be disposed of in a Class III landfill under the applicable laws and regulations of the State of California. (28). Industrial Solid Wastes means Solid Waste originating from mechanized manufacturing facilities, factories, refineries, and publicly operated treatment works, and/or Solid Wastes placed in bins and/or roll-off containers. (29). Licensed Equipment means the Solid Waste collection and Recycling vehicles and Solid Waste collection and Recycling plastic carts licensed by the CITY to the CONTRACTOR pursuant to Section 11 of this Agreement. (30). Materials Recovery Facility means a facility permitted as a Solid Waste Facility by the California Integrated Waste Management Board for sorting, separating and processing of Recyclable Solid Wastes as well as the segregation and transportation of non-Recyclable Solid Wastes to a Disposal Site. (31). Permitted Solid Waste Facility means a Solid Waste facility for which there exists a Solid Waste Facilities Permit issued by the local enforcement agency and concurred in by the California Waste Management Board. (32). Person shall include, without limitation, associations, clubs, societies, firms, partnerships, sole proprietorships, corporations, schools, colleges and all governmental agencies and entities, as well as individuals, including the officers of such associations, corporations, etc. (33). Processing means the reduction, separation, recovery, conversion or Recycling of Solid Waste. (34). Processing Charges shall mean those portions of the curbside, bin, roll-off container and other rates provided for in this Agreement which compensate CONTRACTOR for Processing Solid Wastes collected by CONTRACTOR in the CITY and delivered by CONTRACTOR to a designated Materials Recovery Facility or Composting Facility. The parties have agreed upon the initial Processing Charges, as set forth hereinafter, and such charges are subject to adjustments as provided in this Agreement. The cost of transporting the residue of the CITY'S Solid Waste stream to a Disposal Site after Processing the Recyclable Solid Wastes therefrom and the cost of transporting Recyclable Solid Wastes to their ultimate destination shall be deemed part of this Processing Charge, but the gate fee charged at said Disposal Site for depositing said Solid Waste residue shall not be included in the Processing Charge. (35). Recyclable Solid Waste means and includes those Solid Wastes which may be sorted, cleansed, treated, processed and/or reconstituted for purposes of reuse. Recyclable Solid Wastes are not a separate category of materials, but merely an evolving portion of the entire stream of Solid Waste generated within the CITY. (36). Recycling means collecting, sorting, cleansing, treating, Processing and reconstituting 5 25A-13