The board shall provide for the collection of industrial waste
in the unincorporated area of the county.
(Ord. CS 1315 §1, 2022)
The holder of an industrial permit shall transport all industrial
waste, to an approved facility.
(Ord. CS 1315 §1, 2022)
The board may grant a permit to collect, handle, process, transfer,
transport or use industrial waste upon application whenever in the
opinion of the board the granting of such a permit is in the public
interest and welfare.
(Ord. CS 1315 §1, 2022)
The term for industrial permits shall be one year, and may be renewed annually upon application to and approval by the department. Permits may be renewed provided the department finds that the permitted collector is capable of continuing operation in conformity with the provisions of Chapters 9.02 through 9.12 and the rules and regulations of the department.
(Ord. CS 1315 §1, 2022)
Every industrial permit granted by the department shall be subject to the provisions of Chapters 9.02 through 9.12 and the rules and regulations of the board. The permit shall state:
A.
The
name and address of the person to whom the permit is issued;
B.
The
activity authorized;
C.
The
term for which the permit is granted;
D.
The
approved disposal and processing facilities at which wastes will be
processed or disposed; and
E.
Such
other conditions as the board or the department may provide.
(Ord. CS 1315 §1, 2022)
Applicants for an industrial permit or for the renewal of an
industrial permit to provide industrial waste collection service shall
file with the department a verified application in writing which shall
give the following information:
A.
Name
and description of the applicant, including, without limitation, trade
names, firm names, and names that applicant is doing business as,
and description of the form of business, if any, of the applicant;
B.
Facts
to allow the department to communicate with the applicant or otherwise
notify the applicant regarding the industrial permit, including, without
limitation: (a) permanent street and mailing address of the applicant
and, as applicable, the applicant's principal place of business and
local office, if any, and (b) business telephone, emergency phone
number and facsimile phone number;
C.
The
names, permanent address and percentage participation of the individual
or individuals authorized to act for the applicant, including, without
limitation, the general and managing partners of a partnership or
joint venture, the officers, directors, and chief operating officer
of a corporation, and manager or managers and the chief executive
officer, if any, of a limited liability company or, if there is no
manager, each member of such company;
D.
A detailed
explanation of the manner in which the applicant will conduct the
activity for which the permit is requested;
E.
The
applicant's arrangements for the processing of all organic waste,
recyclable materials, and construction and demolition debris, and
the disposal of all solid waste collected, transferred, transported,
processed or otherwise handled by the applicant;
F.
Facts
showing that the applicant is able to render efficient discarded materials
service;
G.
Facts
showing that the applicant owns, possesses or has the ability to control,
sufficient equipment, in good mechanical condition, to adequately
conduct the business or activity for which a permit is requested;
I.
That
the applicant shows to the satisfaction of the department that the
issuance of a permit is in the public interest and there is a need
for a permit to be issued;
J.
Facts
demonstrating that the applicant's services are in full compliance
with applicable law relating to diversion programs and discarded materials
service, including, but not limited to, SB 1383; and, a statement
acknowledging that the applicant shall continue to comply with applicable
law, as it may be amended;
K.
Such
other facts or information as the department may require.
(Ord. CS 1315 §1, 2022)
Charges for industrial waste collection service shall be negotiated
between the industrial collector and the customer.
(Ord. CS 1315 §1, 2022)
A.
The
permit fee for engaging in the business of industrial waste collection
service shall be the amount specified in the department fee schedule
as approved by the board, payable on July 1 of each year. In addition
to the annual fee, the holder of a permit, for engaging in the business
of industrial waste collection service, shall pay quarterly to the
county, a percentage of the gross revenues derived from the furnishing
of such industrial waste collection service within the county. The
percentage amount shall be determined by the board.
B.
The
business of collecting industrial waste shall include all aspects
of providing industrial waste collection service, including, without
limitation, the rental or lease of containers, the collection, transport,
processing, and handling of industrial waste, and the disposal or
recovery of industrial waste at an approved facility for each material
type.
C.
This
section is a declaration and clarification of existing law.
(Ord. CS 1315 §1, 2022)
Each person granted an industrial permit pursuant to the provisions
of this chapter shall maintain detailed records of customer contact
and account data, customer service, accounting, billing, statistical,
operational, programmatic, tonnage, and other records, and associated
documentation, related to its performance as shall be necessary to
provide information requested by the county to demonstrate compliance
with the county code, its permit with the county, and applicable law.
Upon request, any such records shall be retrieved in a timely manner,
not to exceed five working days of a request by the department and
made available to the department, or its designee, including any record
or documentation that the county, in its sole discretion, may deem
necessary for the county to fulfill obligations under applicable law.
The county, its officers and employees, shall be entitled to inspect,
audit and copy such books and records upon reasonable notice during
normal business hours.
(Ord. CS 1315 §1, 2022)
A.
Annually,
on October 31, each holder of an industrial permit shall provide the
department with financial records of the revenues derived from the
furnishing of industrial waste collection service within the county
for the fiscal year having ended on June 30. The department shall
specify the form and detail of the financial records needed by the
department to verify annual revenues. The department may employ a
consultant, a qualified accountant, or the county auditor to conduct
a review or an audit of the financial records of the industrial collector.
The department may, in its reasonable discretion, charge the industrial
permitted collector for all of or a portion of the costs and expenses
of the review or audit and the permitted collector shall promptly
pay the amount of charge.
B.
The
county may require industrial collectors to provide reports or documents
as the department reasonably determines to be required for the administration
of its permit, compliance with the county code or other applicable
law, or other reasons determined by the county. Industrial collectors
shall submit any requested reports to the department in a manner and
format specified by the department. If applicable, the department
shall provide industrial collectors with a written notice of the specific
required report content and submittal requirements, which may be amended
periodically in the sole discretion of the department.
(Ord. CS 1315 §1, 2022)
All industrial waste collections shall be made with a vehicle
and equipment of design approved by the department. All industrial
waste collections shall be made as quietly as possible and noise abatement
shall be a consideration of vehicle and equipment inspections and
approval.
(Ord. CS 1315 §1, 2022)
The industrial collector shall have the truck identification number and the collection company's name printed or stenciled, in letters at least four inches in height, in a prominent place on both exterior sides of each vehicle used by the industrial collector in the collection of industrial waste. Drop boxes shall have the collection company's name printed or stenciled, in letters at least two inches in height, in a prominent place. All printing or stenciling must be clearly legible. Additionally, on and after January 1, 2022, all new containers shall comply with the labeling requirements set forth in 14 CCR Section 18984.8 to the extent that materials collected by the industrial collector in such containers are regulated under SB 1383. Industrial collectors shall provide all customers with collection containers that comply with the container color requirements specified in 14 CCR Section 18982 and 14 CCR, Division 7, Chapter 12, Article 3, in accordance with the timeline specified in 14 CCR Section 18984.7, for containers used for collection of materials regulated under SB 1383. Industrial collectors shall obtain the department's written approval of container material, design, colors, labeling, and other specifications before acquisition, painting, labeling, or distribution of containers occurs.
(Ord. CS 1315 §1, 2022)
An industrial collector shall not use a firm name containing
the words "county" or "Stanislaus" or other words implying county
ownership. The industrial refuse permitted collector shall establish
and maintain an office where service may be applied for and complaints
made. Such office shall be equipped with a listed telephone to which
calls from county residents may be placed without payment of toll
charge and shall have a responsible person in charge between the hours
of eight a.m. and five p.m. of each day except Saturdays, Sundays,
and holidays.
(Ord. CS 1315 §1, 2022)
Upon request of the department, a holder of a permit to collect
industrial waste shall supply the department with the name of the
owner or occupant of each premises served, the address of the property,
the location or locations where containers are located, or other information
required by the department.
(Ord. CS 1315 §1, 2022)
