Except as may have been authorized pursuant to Section 9.04.100, no person shall collect, handle, transfer, store, process, transport or use discarded materials in the unincorporated area of the county without first receiving a franchise or permit to engage in such activity. The provisions of this section shall not apply to any person who self-hauls their discarded materials from their own premises in accordance with Section 9.04.050.
(Ord. CS 1315 §1, 2022)
Pursuant to Public Resources Code Sections 40002 and 40057,
the board is authorized to and shall provide for discarded materials
service, including, without limitation, source reduction, recycling,
composting, and the collection, transfer, processing, and disposal
of discarded materials within the unincorporated area of the county
by any means authorized by Public Resources Code Sections 40058 and
40059 and applicable law.
(Ord. CS 1315 §1, 2022)
No owner or occupant shall throw, drop, leave, dump, bury, place
or otherwise dispose of any discarded materials upon their premises,
or allow any other person to dispose of discarded materials, upon
their premises except as approved by the department. Building materials
may be kept on premises during a period of active construction, reconstruction,
or repair of a building or structure thereon under a valid building
permit, and wood may be kept neatly piled upon premises for household
use; and organic waste may be managed in a manner approved by the
department and applicable law. Nothing in this section intends to
prohibit a generator from preventing or reducing discarded materials
generation, managing organic waste on site, and/or using a community
composting site pursuant to 14 CCR Section 18984.9(c).
(Ord. CS 1315 §1, 2022)
No person shall throw or deposit or cause to be thrown or deposited,
any discarded materials or abandon any material whatsoever in or upon
any public property, public right-of-way, watercourse, or banks of
any watercourse, or upon the premises of any other person, except
at a disposal or processing facility approved by the department. However,
a temporary permit for a land reclamation operation which utilizes
inert wastes approved by the department and which is designated for
land reclamation may be issued by the department provided the intended
use is authorized by the basic zoning ordinance of the county. The
permit shall be for a limited time and for a limited land area and
subject to conditions set forth by the department.
(Ord. CS 1315 §1, 2022)
No person shall transport discarded materials, of any type,
upon any public property, public right-of-way, watercourse, or bank
of any watercourse, or upon the premises of any other person, except
at a disposal or processing facility approved by the department, without
covering or enclosing the discarded materials, and taking effective
measures to prevent any discarded materials from blowing, leaking,
or dropping from the vehicle during transport. Adequacy of load covers
and control measures shall be determined by the department.
(Ord. CS 1315 §1, 2022)
A.
The
owner or occupant, of each residential or commercial premises within
the mandatory collection service areas of the unincorporated county
shall subscribe, at minimum, to weekly collection service for discarded
materials with the appropriate franchise collector, from the first
through the last date of occupancy. The department may change the
required number of containers, type or size of containers, or collection
frequency as it deems necessary.
B.
The owner or occupant of each residential or commercial premises, within all exempt collection service areas, shall subscribe, at minimum, to weekly solid waste collection through an authorized collector. Additional discarded materials may be recycled, composted, or disposed of in a manner approved by the department and in accordance with Chapters 9.04 through 9.12 of the county code. The department may change the required number of containers, type or size of containers, or collection frequency as it deems necessary.
C.
Nothing
in this section prohibits a responsible party or a generator of a
residential premises or commercial business from preventing or reducing
discarded materials generation, managing organic waste on site pursuant
to the provisions of the county code, or using a community composting
site pursuant to 14 CCR Section 18984.9(c).
(Ord. CS 1315 §1, 2022)
A.
Subject to the provisions of Chapters 9.02 through 9.12, a person may self-haul discarded materials created, produced or accumulated upon the premises they own or occupy or on unoccupied premises they own without the necessity of a permit therefor; provided a generator of industrial waste shall obtain a permit to remove, process, and dispose of such waste. Any person who chooses to self-haul their discarded materials shall do so in accordance with this section and any other requirements specified by the department.
B.
Self-haulers that source separate their recyclable materials and/or their organic waste shall haul their source separated recyclable materials to an approved facility that recovers those materials, haul their source separated organic waste to an approved facility that processes or recovers source separated organic waste, haul their solid waste to an approved disposal facility, and transport manure to a facility that manages manure in conformance with 14 CCR Article 12 and such that the manure is not landfilled, used as alternative daily cover (ADC), or used as alternative intermediate cover (AIC). Alternatively, self-haulers may choose to not source separate recyclable materials and organic materials and shall haul their mixed waste to a high diversion organic waste processing facility that is approved by the county.
C.
Self-haulers
that are responsible parties of commercial businesses or multifamily
premises shall keep records of the amount of recyclable materials,
organic waste, and solid waste delivered to each facility, operation,
activity, or property that processes or recovers recyclable materials
or organic waste and that processes or disposes of solid waste, or
shall keep records of mixed waste delivered to high diversion organic
waste processing facilities. These records shall be subject to inspection
by the county or its designee. The records shall include, at a minimum,
the following information:
1.
Delivery
receipts and weight tickets from the entity accepting the recyclable
materials, organic waste, mixed waste, and/or solid waste.
2.
The
amount of material in cubic yards or tons transported by the generator
or responsible party to each entity.
3.
If
the material is transported to an entity that does not have scales
on site or employs scales incapable of weighing the self-hauler's
vehicle in a manner that allows it to determine the weight of materials
received, the self-hauler is not required to record the weight of
material but shall keep a record of the entities that received the
recyclable materials, organic waste, mixed waste and/or solid waste.
D.
Self-haulers residing in a mandatory collection service area shall not be exempt from subscribing to a discarded materials collection service as required in Section 9.04.040.
E.
Self-haulers in exempt collection service areas are encouraged, but not required, to source separate materials they self-haul in accordance with subsections B and C of this section. Any discarded materials not source separated shall be disposed of at an approved disposal facility and in accordance with applicable law.
(Ord. CS 1315 §1, 2022)
A.
B.
The
responsible party of a multifamily or commercial premises in an exempt
collection service area that is regulated by California Public Resources
Code Section 42649.2(a) shall comply with the recycling, diversion,
source separation, service subscription, and other requirements of
California Public Resources Code Section 42649.2(b) and any further
guidance or regulations from CalRecycle, and shall comply with the
associated collection service requirements set forth in this chapter,
as applicable.
C.
The
responsible party of a multifamily or commercial premises in an exempt
collection service area that is regulated by California Public Resources
Code Section 42649.81 shall comply with the organic waste diversion,
source separation, service subscription, and other requirements of
California Public Resources Code Section 42649.81, and any further
guidance or regulations from CalRecycle; and, shall comply with the
associated collection service requirements set forth in this chapter,
as applicable.
(Ord. CS 1315 §1, 2022)
A.
A responsible
party of any premises of the unincorporated county shall subscribe
to applicable discarded materials collection service as required under
this chapter using containers provided by the franchise collector
with a sufficient number of containers for receiving and holding,
with the container lid fully closed, all discarded materials produced,
created, deposited, or accumulated upon their premises during the
intervals between collection, transport, processing, or disposal,
and all such discarded materials shall be deposited in such containers.
No person, except for the owner or occupant of the premises, shall
dispose of, place, or deposit discarded materials in such containers,
without the express permission of the owner or occupant. Containers
shall be kept continuously closed, except when discarded materials
are being placed therein or removed therefrom, and shall at all times
be closed against the access of flies, rodents, and other animals.
The department may require adjustments to the size, type, design,
or quantity of containers at any premises to meet the requirements
of this section and applicable law.
B.
Responsible parties of multifamily and commercial premises in the mandatory collection service area shall ensure containers can be easily identified and accessible to tenants, employees, vendors, contractors, visitors, and customers, and display proper signage of the approved and prohibited discarded material types for that container according to their subscribed discarded materials collection service. Such containers shall be provided and maintained by the authorized collector, county, or designee. Generators shall be required to exclusively use containers provided by the franchise collector, county, or designee, in order to ensure that the containers are compatible with collection equipment and applicable law. The department retains the right to require containers to meet certain standards, such as container color, labels, or other specifications, including, but not limited to, those specified in 14 CCR, Division 7, Chapter 12, Article 3 and Chapter 9.08. The responsible party of the premises shall keep all containers closed or covered at all times, sanitary, and emptied on a regular schedule as required by the department.
C.
In addition to the requirements of subsection A, the responsible party of a commercial business in the mandatory collection service area shall meet the following requirements:
1.
For
three-container service, provide containers for the collection of
source separated organic materials and source separated recyclable
materials where solid waste containers are provided for customers,
except restrooms.
2.
For
two-container service, provide containers for the collection of source
separated organic materials or source separated recyclable materials,
as applicable to the materials collected in the two-container service,
where mixed waste containers are provided for customers, except restrooms.
3.
If
a commercial business does not generate any of the discarded materials
that would be collected in one type of container, then the business
shall not be required to provide that container type for customers
in all areas where solid waste or mixed waste containers are provided.
4.
The
collection containers provided to customers shall have one or both
of the following: (a) a body and lid that conforms with the colors
of the containers provided through the county's discarded materials
service, as applicable; and/or (b) highly-visible container labels
that include language, graphic images, or both indicating the primary
materials accepted and the primary materials prohibited in each container;
or containers with imprinted text or graphic images that indicate
the primary materials accepted and primary materials prohibited in
each container. A commercial business is not required to replace functional
containers that do not comply with these color and labeling requirements
prior to the end of the useful life of the containers, or prior to
January 1, 2036, whichever date comes first.
(Ord. CS 1315 §1, 2022)
The owner(s), within a mandatory collection service area, or
the owner(s) and/or occupant(s), within an exempt collection service
area, may request the department to approve a plan whereby special
arrangements are made for effective and efficient discarded materials
removal. The proposed plan must comply with all applicable law and
shall include a statement of expected charges, not to exceed the maximum
rates approved by the board, and such other comments as the authorized
collector whose services will be utilized considers appropriate. The
department is authorized to grant variances to any provision of this
chapter and to approve the proposed plan with such conditions as are
deemed necessary.
(Ord. CS 1315 §1, 2022)
Discarded materials containers shall not be placed or allowed to remain in or on any street or alley right-of-way more than twenty-four hours prior to, or after, the scheduled collection day unless authorized by the department. Except when containers are set out for collection in accordance with Section 9.04.120, containers shall be screened from public view in a manner approved by the department. If suitable screening is not feasible, the department may approve an unscreened location.
(Ord. CS 1315 §1, 2022)
A.
Subject to the prohibitions of Section 9.04.110, discarded materials in proper containers shall be placed for collection, in the following manner for single-family premises:
1.
Where
alleys exist with well-maintained, all-weather surfaces, upon the
customer's premises, containers shall be placed immediately adjacent
to and accessible from the alley without the necessity of entering
the premises;
2.
Where
alleys do not exist or do not meet the criteria in subsection (A)(1),
upon the customer's premises, containers shall be placed immediately
adjacent to the nearest county or state maintained road, and accessible
to the authorized collector without the necessity of entering a fenced
yard; and further provided, that the department may approve an agreement
between the customer and the authorized collector as to the location
of discarded materials containers for collection.
3.
Drop
boxes and bins shall be located for easy access and as agreed upon
between the customer and the authorized collector. In case of dispute,
the location shall be as determined by the department.
B.
All
generators of single-family premises shall separate discarded material
types for collection, in accordance with their subscribed discarded
materials service, and shall not place prohibited container contaminants
in any collection container.
(Ord. CS 1315 §1, 2022)
A.
Carts
for discarded materials collection service to multifamily and commercial
premises shall be placed upon the customer's premises immediately
adjacent to and accessible from the nearest state or county maintained
road, or in locations that are mutually agreed upon by the owner and
the authorized collector. Drop boxes and bins shall be located for
easy access and as agreed upon between the customer and the authorized
collector. In case of dispute, the location shall be as determined
by the department.
B.
All generators of multifamily and commercial premises shall separate discarded material types for collection, in accordance with their subscribed discarded materials collection service, and shall not place prohibited container contaminants in any collection container. Generators who self-haul their materials shall abide by the provisions set forth in Section 9.04.050 for sorting, diverting, and recovering their discarded materials.
C.
Responsible
parties of multifamily and commercial premises shall educate and provide
information to employees, contractors, and tenants about diversion
requirements and proper sorting, at least annually. Such education
information shall also be provided to any new employees or contractors
upon employment and any new tenants upon occupation of the premises
before or within fourteen calendar days of employment or occupation
of the premises.
D.
The responsible party of a commercial business shall, in addition to the requirements in subsections A through C, direct its employees to properly source separate discarded materials for collection according to their subscribed discarded materials service and prohibit employees from placing prohibited container contaminants in any container; periodically inspect containers for contamination by prohibited container contaminants; and, if contamination by prohibited container contaminants is found, inform employees of the observed prohibited container contaminants and the proper use of discarded materials containers.
(Ord. CS 1315 §1, 2022)
Containers set for collection may be placed on premises at a location other than as provided in Sections 9.04.120 and 9.04.130 if the customer so desires and agrees to pay an additional charge according to a fee schedule, which has been approved by the board.
(Ord. CS 1315 §1, 2022)
No person shall knowingly deposit in any container used for
discarded materials collection service any excluded waste. No person
shall knowingly deposit any such excluded waste at a disposal or processing
facility or unless such facility is permitted to handle, process,
or dispose of such waste.
(Ord. CS 1315 §1, 2022)
No person shall knowingly deposit in any container used for
discarded materials, any tires and/or hard-to-handle waste without
having first made special arrangements for the disposal thereof with
the authorized collector. No person shall knowingly deposit any tires
and/or hard-to-handle waste in or at any disposal or processing facility
without having first made special arrangements with the facility operator.
(Ord. CS 1315 §1, 2022)
No discarded materials collection shall be made in a residential
district, as shown on the zoning map of the county, prior to five
a.m. or after six p.m. No discarded materials collection shall be
made at schools, churches, hospitals, offices, or commercial establishments
in or adjacent to said residential districts prior to five a.m. or
after nine p.m.
(Ord. CS 1315 §1, 2022)
Notwithstanding the provisions of Sections 9.04.020 and 9.04.030, discarded materials may be used for activities deemed to be a reduction in landfill disposal as defined in 14 CCR Section 18983.1(b), provided such use complies with this chapter and all other applicable laws. Except as may have been authorized pursuant to Section 9.04.100 or 9.12.110, no person shall use, recycle, process, store, or transport discarded materials for any beneficial purpose without having a valid permit, contract, or agreement therefor issued by the department or in accordance with the self-haul requirements as outlined in Section 9.04.050. The department shall issue or amend a permit upon such terms and conditions as are determined to be necessary to ensure that the use or the proposed use complies with applicable laws and regulations and does not create a health menace or a nuisance.
(Ord. CS 1315 §1, 2022)
All collections by an authorized collector shall be made with vehicles and equipment meeting the minimum standards as set forth in Sections 9.08.340 through 9.08.350 and 9.09.340 through 9.09.350. Vehicles shall be of a design approved by the department. Equipment shall be designed and operated such that no discarded materials are allowed to blow or drop from vehicles during collection or transport. Adequacy of load covers or control measures, shall be determined by the department. All collections shall be made as quietly as possible, and the use of any unnecessarily noisy, trucks or equipment is declared unlawful.
(Ord. CS 1315 §1, 2022)
All discarded materials prior to being legally collected from
a premises by an authorized collector shall be the property of the
generator of the discarded materials, if such generator is known.
In the event said generator of the discarded materials is unknown,
the discarded materials shall become the property of the owner of
the premises upon which said discarded materials have been deposited.
All discarded materials upon being legally collected by an authorized
collector from the premises where produced or accumulated shall become
and be the property of the authorized collector and upon being legally
deposited at a disposal or processing facility, which site or facility
shall be permitted in accordance with applicable law and the use of
which shall be approved by the department, shall forthwith become
the property of the permitted operator of the approved facility.
(Ord. CS 1315 §1, 2022)
No person other than the owner or occupant, an employee of the
county or their designee, or an employee of the authorized collector
shall tamper with or interfere in any manner with any discarded materials
container or the contents thereof.
(Ord. CS 1315 §1, 2022)
No person shall by any means hinder, obstruct or interfere with
the collection or transportation of discarded materials by an authorized
collector.
(Ord. CS 1315 §1, 2022)
All fees, except solid waste disposal fees, shall be paid to
the department which shall deposit them to the general fund or to
such other fund as the board may designate.
(Ord. CS 1315 §1, 2022)
Any person, business, or entity who is required to obtain a franchise or permit under Section 9.04.010, and disposes of solid waste or causes solid waste to be disposed at a county owned or operated disposal facility, must pay solid waste disposal fees or other charges incurred for such disposal within the period of time set forth in subsection B of Section 9.04.230. Any person that self-hauls solid waste from their own premises as provided in Section 9.04.050 must pay the charges for disposal of solid waste at county disposal facilities at the time of disposal of the solid waste.
(Ord. CS 1315 §1, 2022)
A.
Franchise fees and industrial fees which are based on a percentage of gross revenues, are due quarterly on or before September 30, December 31, March 31, and June 30 and, thereafter, are delinquent if unpaid within thirty days after the due date. Other fees, as authorized pursuant to Sections 9.08.180, 9.09.190, and 9.10.210, are due and payable thirty days after the assigned due date and, thereafter, are deemed to be delinquent until paid.
B.
Solid waste disposal fees under Section 9.04.225 are due and payable on or before the thirtieth day after the date an invoice is issued for the solid waste disposal fees and, thereafter, are deemed to be delinquent until paid.
C.
All
fees referred to in this section shall be promptly paid in lawful
money of the United States on or before the date such fees are due
and payable. A late payment charge equal to one and a half percent
of the unpaid amount shall accrue and shall be added to the total
amount of fees due on the first day that the fee is delinquent and
on each month thereafter until paid in full.
D.
In addition
to late payment charges, persons that have not promptly paid fees
when due and payable shall be subject to any or all of the following
actions as imposed at the discretion of the department:
1.
The
temporary suspension or permanent revocation of privileges to dispose
of solid waste at county owned or operated disposal facilities.
2.
The
posting of security in an amount determined by the department to be
necessary and reasonable to offset additional delinquencies plus estimated
collection costs, including reasonable attorney fees. The security
may be in the form of a cash deposit, an irrevocable letter of credit,
or a corporate surety bond. The issuer of a letter of credit or bond
shall be admitted to do business in California and shall be acceptable
to the department.
4.
The
imposition of liquidated damages or other remedies as set forth in
the franchise, agreement, or permit with an authorized collector.
(Ord. CS 1315 §1, 2022)
A.
The
department or their designee may inspect or cause to be inspected,
at regular intervals, discarded materials containers and shall be
the sole judge of the condition of such containers as to their fitness
for use and their compliance with the container color and labeling
requirements and other standards set forth by the department.
(Ord. CS 1315 §1, 2022)
Each franchise collector or industrial collector shall post
with the department a cash bond, irrevocable commercial letter of
credit, or a surety bond furnished by a corporate surety authorized
to do business in the state. The amount will be set by the department
and payable to the county. The bond, commercial letter of credit,
or surety bond shall be conditioned upon the full and faithful performance
of the applicable provisions of this chapter and the franchise agreement
or contract with the franchise or industrial collector and shall be
kept in full force and effect at all times. Other permitted collectors
shall file with the department a faithful performance bond or other
form of security satisfactory to the department, in an amount determined
by the department.
(Ord. CS 1315 §1, 2022)
A.
No authorized
collector shall be issued a franchise or permit under the provisions
of this chapter, nor shall any such franchise or permit be valid after
issuance, unless there is at all times in force and effect, insurance
against claims for injuries to persons or damages to property which
may arise from or in connection with the performance of the work hereunder
by the authorized collector, in amounts to be determined by the department
and issued by an insurance company authorized to do business in the
state.
B.
Each
franchise collector shall procure and maintain insurance coverages
in amounts as established from time to time by the department. All
such insurance shall remain in effect, uninterrupted, through the
term of the franchise agreement.
C.
Satisfactory
evidence in the form of a certificate of liability insurance shall
be furnished to the department by each authorized collector required
to provide such insurance.
D.
Permitted collectors under Chapter 9.10 shall provide a certificate of insurance for each vehicle for which a permit is held/being sought. Permitted collectors shall provide additional insurance as may be required by the department. In the event that the permitted collector enters into an agreement with the county to provide regular discarded materials collection service to residential and commercial generators within the unincorporated county, the department may require increased amounts of insurance coverage.
E.
All
authorized collectors employing anyone in addition to themselves shall
maintain worker's compensation insurance as required by the Labor
Code of the State of California.
F.
Each
insurance policy required under this chapter shall be endorsed to
state that coverage shall not be suspended, voided, canceled by either
party, reduced in coverage or in limits except after thirty days prior
written notice has been given to the county.
G.
Authorized
collectors' insurance policies shall provide a specific endorsement
to all required insurance policies, except worker's compensation insurance
and professional liability insurance, if any, naming the county and
its officers, officials and employees as additional named insureds
regarding: (a) liability arising from or in connection with the performance
or omission to perform any term or condition of this chapter, or franchise
agreement, permit or contract; (b) services, products and completed
operations of the authorized collector; (c) premises owned, occupied
or used by the authorized collector; and (d) automobiles owned, leased,
hired or borrowed by the authorized collector. For worker's compensation
insurance, the insurance carrier shall agree to waive all rights of
subrogation against the county and its officers, officials and employees
for losses arising from the performance of or the omission to perform
any term or condition of this agreement by the authorized collector.
(Ord. CS 1315 §1, 2022)
The county may, at its option, require photographing and fingerprinting
of applicants for a franchise or permit and of the employees of the
franchise collector or permitted collector.
(Ord. CS 1315 §1, 2022)
No franchise granted pursuant to the provisions of this chapter
and no ownership interest in any franchise collector shall be sold,
transferred, leased, assigned, mortgaged, pledged, hypothecated, or
otherwise encumbered or disposed of in whole or in part, directly
or indirectly, whether voluntarily or by operation of law or through
any stock transfer, transfer in trust, change in control, consolidation
or merger, without the prior written consent of the board. The board
may grant or deny such a request and may impose such conditions as
it may deem to be in the public interest. Any disposition made without
such con-sent shall constitute good cause for revocation of the affected
franchise. Permits shall not be transferred without written approval
of the department.
(Ord. CS 1315 §1, 2022)
All vehicles and equipment of a franchise or permitted collector
may be inspected by the department at a place designated by the department
at least once each year. Vehicles and equipment shall conform to the
requirements of the California Vehicle Code, this chapter, and rules
or regulations of the board.
(Ord. CS 1315 §1, 2022)
The holder of a franchise or permit shall equip each vehicle
hauling discarded materials with a shovel, broom, and fire extinguisher
of a type approved by the department.
(Ord. CS 1315 §1, 2022)
A.
Owners
of facilities, operations, and activities located in the county's
boundaries that recover organic waste, including, but not limited
to, organic waste processing facilities, in-vessel digestion facilities,
and publicly-owned treatment works shall, upon county request, provide
information regarding available and potential new or expanded capacity
at their facilities, operations, and activities, including information
about throughput and permitted capacity necessary for planning purposes.
Entities contacted by the department or its designee shall respond
within sixty days.
B.
Community
composting operators with operations located in the county's boundaries,
upon county request, shall provide information to the county to support
organic waste capacity planning, including, but not limited to, an
estimate of the amount of organic waste anticipated to be handled
at the community composting operation. Entities contacted by the department
or its designee shall respond within sixty days.
C.
Owners
of facilities, operations, and activities located in the county's
boundaries that receive recyclable materials, organic materials, and/or
solid waste shall provide to the department on a quarterly basis copies
of all reports they are required to report to CalRecycle, including
at minimum, those required by AB 901 and SB 1383, the amount in tons
of materials delivered to their facilities by self-haulers, and any
other reports as requested by the department or its designee.
D.
Owners
of facilities, operations, and activities located in the county's
boundaries that receive recyclable materials, organic materials, mixed
waste, and/or solid waste shall comply with all the operating, sampling,
and other requirements of the SB 1383 regulations.
(Ord. CS 1315 §1, 2022)
