Unless the context requires otherwise, the definitions set forth
in this section shall govern the construction of this article.
"Approved bear-resistant garbage can enclosure"
is a secured enclosure, made of metal or equivalent, with
a secured door or doors in front of the enclosure, or equivalent,
whose design has been determined by Placer County environmental health
to be sturdy, weather resistant, and making the contents of the garbage
can enclosure inaccessible to bears. A list of approved bear-resistant
garbage can enclosures shall be available to the public at the Tahoe
offices of Placer County environmental health and Placer County building
department.
"Approved landfill"
means a designated area, operating under permits from Placer
County health department, designed and operated to safely dispose
of solid wastes.
"Ashes"
means the residue from the burning of combustibles.
"Board"
means the Placer County board of supervisors.
"Chemical wastes"
means the chemical by-product of any action, industry, application
or operation, whether performed by an individual or corporate body,
which may be hazardous to public health or the environment.
"Collection"
means the act of removing solid waste from storage.
"Commercial solid waste"
means all types of solid waste generated by stores, offices
and other commercial sources excluding residences.
"Composting"
means controlled microbial degradation of organic wastes
yielding a safe and nuisance free product.
"Container"
means a durable, corrosion resistant, nonabsorbent, leakproof,
watertight, odorproof, rodent-resistant box, barrel, canister or other
approved device with a fly-tight cover.
"Container for hazardous waste"
means any tank, barrel, vat, drum, can, box, sack, bag, or
bottle made of metal, paper, wood, plastic, glass, or other material
equipped with a closure that will normally prevent the contents from
spilling, splashing, or leaking but that will not necessarily be vapor-tight.
"Dead animals"
means animals or parts of animals which have died from any
cause except those killed by man for human or animal consumption.
"Director"
means the director of environmental health and duly authorized
deputies responsible for the enforcement of state and local health,
sanitation, nuisance laws, and the enforcement of regulations as approved
by the placer county board of supervisors
"Disposal"
means the discharge, deposit, injection, dumping, spilling,
leaking, or placing of any solid waste or hazardous waste into or
on any land or water so that such solid waste or hazardous waste or
any constituent thereof may not enter the environment or be emitted
into the air or discharged into any waters including ground waters.
"Disposal site"
means any approved place at which solid waste is dumped,
abandoned, or accepted or disposed of by incineration, land filling,
composting or any other approved and designated method.
"Domestic animal"
means all cattle or animals of the bovine species. All rabbits
or animals of the lagomorph species. All horses, mules, burros, and
asses or animals of the equine species. All swine or animals of the
porcine species. All goats or animals of the caprine species. All
poultry or domesticated fowl or birds. All dogs, cats, or other animals
domesticated or under the restraint or control of man.
"Dump"
means a disposal site which is exposed to the elements, vectors
and scavengers.
"Dumpster"
means a container specifically designed for the disposal
of garbage and/or trash in quantities of over one cubic yard.
"Durable"
means any material that is permanent and can withstand impact
without loss of integrity.
"Extremely hazardous waste"
means any hazardous waste or mixture of hazardous wastes
which, if human exposure should occur, may result in death, disabling,
personal injury, or illness during, or as a proximate result of, disposal
of such waste or mixture of wastes because of its quantity, concentration,
or chemical characteristics.
"Farm or ranch"
presumptively means any parcel of land in excess of 4.6 acres.
This presumption shall be rebuttable.
"Franchise area"
means that part of the unincorporated territory of the county
for which franchise, exclusive or otherwise, either or both of which
has been granted by the board of supervisors.
"Franchise holder"
means any person engaged in collection, transportation or
disposal, or any combination of such services, of refuse in a franchise
area, who holds a valid franchise for such activities as provided
in Part 2 of this article.
"Garbage"
means putrescible animal and vegetable waste. This includes,
but is not limited to:
1.
Offal, swill, kitchen and table waste, and other organic animal
and vegetable waste.
2.
Bottles, cans, cups, plates, utensils, containers, and/or covering
of any construction or material that has been in intimate contact
with food, confection, and/or beverage, and;
3.
Any component used in the preparation or manufacture of matter
intended for animal or human consumption.
The mixing, addition, or commingling of garbage with rubbish,
trash, or other waste matter causes the entire resulting mixture to
be defined as garbage and requires the mixture to be handled in the
same manner as garbage.
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"Grit"
means settleable solids, primarily of mineral origin, but
may contain putrescible matter, that are removed from the wastewater
stream of a sewage treatment plant usually at the plant headworks.
"Hazardous waste"
means a solid waste or combination of solid wastes which
because of its quantity, concentration, or physical, chemical, or
infectious characteristics may:
1.
Cause, or significantly contribute to an increase in mortality
or an increase in serious irreversible, or incapacitating reversible,
illness; or
2.
Pose a substantial present or potential hazard to employees,
property, neighbors, general public or to the environment when improperly
treated, stored, transported, or disposed of, or otherwise managed.
"Incompatible wastes"
means any two or more wastes that, when combined or mixed,
can cause or create the potential to cause explosions, violent chemical
reactions, fires, extreme heat, toxic substance formation, hazardous
waste discharge, or any other event that may endanger employees, property,
neighbors or the general public.
"Industrial wastes"
means all solid, semisolid or liquid wastes which result
from industrial processes or manufacturing operations.
"Infectious wastes"
means:
1.
Utensils, equipment, instruments, and fomites from the rooms
of patients who are suspected to have or have been diagnosed as having
communicable disease and must be isolated.
2.
Laboratory wastes, including pathological specimens, (i.e.,
all tissues, specimens of blood elements, excreta and secretions obtained
from patients or laboratory animals) and disposable fomites (any substance
that may harbor or transmit pathogenic organisms) attendant thereto.
3.
Surgical operating room pathological specimens and disposable
materials from out-patient areas and emergency rooms.
"Institutional solid waste"
means solid waste originating from public or private educational,
health care, correctional and research facilities.
"Land disposal site"
means any land or approved area used for the final disposal
of solid waste exclusive of land used for the disposal of solid waste
from a farm or ranch 4.6 acres or larger.
"Leachate"
means liquid that has percolated through solid waste and
has extracted dissolved or suspended substances therefrom.
"Litter"
means any post-consumer solid waste which is not deposited
and/or retained in:
1.
An authorized solid waste disposal site;
2.
Appropriate and serviced storage containers; or
3.
In other approved areas designated for disposal of solid wastes.
"Manures"
means the excreta of domestic animals or domestic fowls when
not artificially mixed with any material or materials other than those
which have been used for bedding, sanitary or feeding purposes for
animals or fowls or for the preservation of manure. The accumulated
moist animal excrement that does not undergo decomposition or drying
as would occur on open grazing land or natural habitat. This definition
shall include but is not limited to, feces and urine which may be
mixed with bedding material, spilled feed or soil.
"Multiple residential units"
means those properties where more than two families reside.
Examples are triplexes, mobilehome parks, apartments, residential
motels and hotels.
"New residential construction"
shall mean creating a new residential unit and/or guest quarters,
as well as additions greater than five-hundred square feet to existing
residential buildings. Square footage of residential garages shall
not be included in the calculation of square footage.
"Nuisances"
means any act or omission which:
1.
Shall annoy, injure, or endanger the safety, health, comfort
or repose of any considerable number of persons; or
2.
Shall offend public decency; or
3.
Shall unlawfully interfere with, befoul, obstruct or tend to
obstruct or render dangerous for passage or use a lake, navigable
river, bay, stream, canal, ditch, millrace, or basin, or a public
park, square, street, alley, bridge, causeway or highway or other
thoroughfare; or
4.
Shall have a natural tendency to cause injury or damage to business
or property.
"Odor"
means that property of an air contaminant that affects the
sense of smell.
"Overfilling or overfull"
means the filling of a dumpster above the rim in such a manner
as to create a potential for spillage and littering.
"Owner's agent"
means the individual, firm, association or other entity,
that has been given authority, by the owner, to collect monies, order
repairs, or perform other tasks that would generally be performed
by the owner.
"Percolation"
means downward and lateral movement of water through soil,
waste or other material.
"Permit"
means any license issued by the department to any person
to engage in landfill site operation, salvage, recycling, hauling
trash, solid wastes or refuse, distribute handbills, leaflets, etc.,
or to perform any other act subject to the jurisdiction of the department.
"Person"
means and includes an individual, firm, association, co-partnership,
political subdivision, government agency, municipality, industry,
public or private corporation, trust or any other entity whatsoever
to include but not limited to:
1.
Corporation of judiciary owning, leasing, managing, renting,
operating, or in possession of any real estate located within the
jurisdictional limits of Placer County;
2.
Officer, manager, agent or employee in charge of any property
who has power to give directions to other employees under his supervision;
4.
Individual having dominion of or title to premises.
"Premises"
means a tract or parcel of land, public or private with or
without habitable buildings or appurtenant structures.
"Processing"
means the reduction, separation, recovery, conversion, recycling,
or other treatment of solid waste resulting in change or removal of
certain characteristics or properties of that waste.
"Promiscuous dumping"
means the disposal of solid waste in any area not designated
as a land disposal site.
"Putrescible"
means capable of being decomposed by micro-organisms with
sufficient rapidity as to cause odors, gases, and attract and/or harbor
vectors, or other vermin.
"Putrescible wastes"
means wastes that are capable of being decomposed by micro-organisms
with sufficient rapidity as to cause odors, gases, and similar objectionable
conditions. Food wastes, offal and dead animals are examples of putrescible
solid wastes.
"Recycling"
means the process by which salvage materials are transformed
into new products.
"Refuse"
means all putrescible and nonputrescible solid wastes including
but not limited to: garbage, rubbish, street cleanings, dead animals,
yard clippings, and market and industrial wastes.
"Rubbish"
means nonputrescible solid waste, consisting of both combustible
and noncombustible wastes such as paper, cardboard, abandoned automobiles,
tin cans, wood, glass, rubber tires, bedding, crockery and similar
materials.
"Sanitary fill method"
means that process of refuse disposal whereby the refuse
is deposited in a depression or excavation in the ground and then
covered with earth.
"Septic tank pumpings"
means sludge and wastewater and other materials removed from
septic tanks and includes other anaerobic wastes.
"Sewage sludge"
means that residue separated from domestic sewage by a wastewater
treatment plant, consisting of solids and a variable amount of water.
"Sludge"
means any solid, semisolid or liquid waste generated from
a municipal, commercial, or industrial wastewater treatment plant,
water supply treatment plant, or air pollution control facility or
any other such waste having similar characteristics and effects.
"Solid waste"
means garbage, refuse, sludge, rubbish, junk vehicles, ashes
or incinerator residue, street refuse, dead animals, demolition waste,
construction waste, solid or semisolid commercial and industrial waste
and hazardous waste, including explosives, pathological waste.
"Storage of hazardous waste"
means the containment of hazardous waste, either on a temporary
basis or for a period of years, in such a manner as not to constitute
disposal of such hazardous waste.
"Street refuse"
means and includes materials picked up by manual or mechanical
sweeping of alleys, streets or sidewalks, litter from public litter
receptacles and material removed from catch basins.
"Truck"
means any pickup truck, truck, trailer, semitrailer, conveyance
or vehicle used to collect or transport refuse.
"Vector"
means a living insect or other arthropod, or animal (not
human) such as, but not limited to, rodents and flies capable of carrying
infectious disease from one person or animal to another;
1.
Capable of disrupting normal well being, causing detrimental
effects upon the public health.
2.
Capable of transmitting a waste from one organism to another
or translocating a waste away from a disposal site.
"Waste"
means useless, unwanted or discarded materials resulting
from any activity.
"Water table"
means the upper water level or surface of a body of groundwater.
"Working day"
means Monday through Friday exclusive of weekends and national
or state of California holidays.
"Written approval"
means the permit, certificate, license or other means used
by the department or other licensing/regulatory agency to signify
their acceptance.
(Prior code § 9.1; Ord. 5006-B, 1999; Ord. 5114-B § 1, 2001)
A. The
department of health and human services shall have full power and
authority to enforce those portions of this article dealing with production,
storage and collection of solid wastes. The department of health and
human services shall also insure the disposal areas are maintained
and operated in a sanitary manner.
B. The
department of public works shall be responsible for the daily operation
and administration of the disposal sites, transfer stations and the
administration of the franchises.
C. The
department of public works shall be responsible for the awarding of
franchises and locating solid waste disposal sites; the department
of health and human services shall carry out the responsibilities
as the local enforcement agency pertaining to solid waste and the
enforcement of litter laws where applicable.
D. The
agricultural commission, and the division of animal control of the
department of health and human services shall have joint enforcement
responsibility for those sections regarding animal manures.
(Prior code § 9.2; Ord. 5006-B, 1999; Ord. 6262-B, 5/21/2024)
This article shall be liberally construed to achieve the objective
of protection of the public health, safety and welfare.
(Prior code § 9.4)
Violations of this article are punishable as provided by Article
1.24 of the Placer County Code.
(Prior code § 9.5)