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a. Commercial Customer: The term "Commercial Customer" means non-residential <br />customers, including businesses, public or private schools, institutions, governmental <br />agencies and all other users of commercial-type Garbage collection services. <br />b. Container: The term “Container” means a bag, supplied by Contractor for use by the <br />Residential Customer to set out Soft Recyclables. <br />c. Curb or Curbside: The words "Curb" or "Curbside" relate to the homeowners' <br />property, within five (5) feet of the Public Street or Private Road without blocking <br />sidewalks, driveways or on-street parking. If circumstances preclude, a Curbside shall be <br />considered a placement suitable to the resident, convenient to Contractor's equipment, <br />and mutually agreed to by CITY and Contractor. <br />d. Excluded Items: The term “Excluded Items” means Garbage, Hazardous Waste, large <br />furniture, large appliances such as refrigerators, stoves, washers and dryers, magazines, <br />newspapers, car seats, cribs, mattresses, paint, tires, cleaners, electronic devices covered <br />under Minnesota Statutes 115A.1310, etc. and any item heavier than fifty (50) pounds. <br />e. Garbage: The term “Garbage” means all putrescible and non-putrescible solid and <br />semi-solid wastes, including, but not limited to, rubbish, ashes, industrial wastes, grass, <br />yard debris, leaves, swill, demolition and construction wastes, dead animals piles of <br />debris, car parts, construction or demolition debris, any item that would be considered <br />Hazardous Waste, or stumps. <br />f. Hazardous Waste: The term "Hazardous Waste" means any hazardous, toxic or <br />dangerous waste, substance or material, or contaminant, pollutant or chemical, known or <br />unknown, defined or identified as such in any existing or future local, state or federal law, <br />statute, code, ordinance, rule, regulation, guideline, decree or order relating to human <br />health or the environment or environmental conditions, including but not limited to any <br />substance that is defined as hazardous by 4 0 C .F .R. Part 2 61 and regulated as <br />hazardous waste by the United States Environmental Protection Agency under Subtitle C <br />of the Resource Conservation and Recovery Act ("RCRA") of 1976, 42 U.S.C. § 6901 et <br />seq., as amended by the Hazardous and Solid Waste Amendments ("HSWA") of 1984; <br />the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; or any other federal statute <br />or regulation governing the treatment, storage, handling or disposal of waste imposing <br />special handling or disposal requirements similar to those required by Subtitle C of <br />RCRA or any Minnesota statute or regulation governing the treatment, storage, handling <br />or disposal of wastes and imposing special handling requirements similar to those <br />required by federal law. <br />g. Holiday: The term “Holiday” means the following days:New Year’s Day, Martin <br />Luther King’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, <br />Columbus Day, Veteran’s Day, Thanksgiving Day and Christmas Day, unless otherwise <br />specified by the CITY recycling holiday schedule. <br />h. Residential Customer: The term “Residential Customer” means and individual or <br />individuals residing in a living space rented, leased or owned. <br /> 8 <br />495998v23 DTA MU125-11