Whenever the following terms are used in this chapter they shall have the following meanings:
"Collector"
means any person who operates a service for the collection and transportation of solid waste from residential, commercial, institutional or industrial premises for hire.
"Container"
means a receptacle for solid waste storage.
"County"
means the county of Inyo, state of California.
"Department"
means the department of public works of the county.
"Director"
means the director of Inyo County integrated waste management.
"Disposal"
means to process or dispose of solid waste.
"Garbage"
means all animal, fish, fowl, fruit, vegetable and other matter or residue resulting from the preparation, consumption, storing, processing, manufacturing or distribution of human or animal food.
"Health officer"
means the health officer of the county or his or her duly authorized representative.
"Highway"
means any street, road, alley or thoroughfare.
"Landfill" or "disposal site"
means a facility established, maintained and operated by the county for the disposal of solid waste.
"Permit area"
means those portions of the county designated on certain maps entitled "Solid Waste Collection Permit Areas of Inyo County" including all amendments and changes thereto, which maps are incorporated herein by reference and are on file in the department and in the office of the county clerk.
"Permit holder" or "permittee"
means any solid waste collector or solid waste transporter who has been granted a permit to engage in the collection and transportation of solid waste in a specific permit area of the county.
"Person"
means any individual, firm, copartnership, joint venture, association, organization, district or other political subdivision or any group or combination acting as a unit.
"Rubbish"
means all nonputrescible wastes including, but not limited to, paper, cardboard, grass, tree or shrub trimmings, straw, clothing, wood, or wood products, crockery, glass, rubber, plastic, construction waste and debris and other similar materials.
"Solid waste"
means, except as provided in subdivision (b) of Public Resources Code Section 40191, all putrescible and nonputrescible solid, semi-solid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, construction and demolition wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, de-watered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes.
"Solid waste management systems"
mean the entire process, including, but not limited to storage, collection, transporting, process and/or the ultimate disposal of solid waste.
"Transporter"
means any person who transports solid waste from a central collection point to a disposal site.
"Vehicle"
means any truck, trailer, semitrailer, passenger car, station wagon, pickup or conveyance used or intended to be used for the purpose of collecting, hauling or transporting solid waste upon a public highway.
(Ord. 236 § I, 1973; Ord. 1111 § 3, 2006; Ord. 1138 § VII, 2008)
A. 
Every person occupying or having charge or control of any premises in the county, in or on which any garbage may or does accumulate or exist, shall place and keep all such garbage upon said premises in a covered, watertight, metal or other impervious container which shall meet the approval of the county health officer. Such container shall be kept in a sanitary condition and in good repair at all times.
B. 
A mixture of garbage and rubbish may be stored in the same container, which shall be of the type prescribed for garbage containers.
C. 
The weight of a container, including contents, at the time of collection shall not exceed forty-five pounds. The container shall not have a capacity of more than fifty-five gallons; provided, however, that the weight and size limitation shall not apply to containers designed for mechanical dumping or to containers serviced by other than the permittee.
D. 
Bins or metal containers designed for mechanical dumping which meet the requirements of subsection A of this section may be used as an alternative to standard containers when approved by the health officer as being adequate for the particular use or occupancy of the particular property using bins.
E. 
Yard and tree trimmings, at the time of collection, shall either be placed in a container or shall be securely tied in bundles measuring not more than four feet long and two feet in diameter and weighing not more than sixty pounds. Grass clippings shall be stored in the same manner as garbage.
(Ord. 236 § II, 1973; Ord. 1163 § 4, 2011)
A. 
Solid waste created, produced or accumulated in or about a residence or residences, whether single or multiple family, or other place of human habitation shall be removed from the premises at least once a week.
B. 
Solid waste created, produced or accumulated on all other premises shall be removed at least twice a week, or oftener, if required by the health officer.
C. 
Residential solid waste containers shall be placed adjacent to the public highway, or curb thereon, not earlier than twenty-four hours before collection is scheduled and removed therefrom not later than twenty-four hours after collection.
(Ord. 236 § III, 1973)
No person other than a permit holder or permittee shall transport or collect solid waste in the county; provided, however, any persons hauling their own solid waste or solid waste generated by themselves, such as persons hauling solid waste from their own residences or to farm agricultural operations; and industrial, commercial and building contractors hauling refuse generated by themselves, shall not be required to have a permit; and provided further that any public agency operating a solid waste management system within its jurisdiction or boundaries shall have the power and responsibility to continue said system and shall not be required to have a permit for the collection or transportation of solid waste within its jurisdiction or boundaries.
(Ord. 236 IV, 1973)
A. 
The county shall be divided into permit areas for the purpose of solid waste collection and transportation and said areas shall be designated by the board of supervisors.
B. 
The director shall maintain maps of the permit areas which shall be kept on file in the department and in the office of the county clerk.
C. 
The permit areas shall be designated by resolution and may be modified by the board from time to time. All permittees in any area affected by such modification shall be given sixty days' written notice before such modification is effected. It is unlawful for any person other than permit holders to operate a collection or transportation service within the county except as specifically authorized within the jurisdiction or boundaries of a public agency operating a solid waste management system.
(Ord. 236 § V, 1973)
A. 
Applications for solid waste collection or transportation permits shall be submitted to the director on a form provided by the department and shall include the following information:
1. 
Name, home and business address of applicant;
2. 
Trade and firm name;
3. 
If a joint venture or a partnership or limited partnership, the names and addresses of all partners; if a corporation, the names and addresses of all officers;
4. 
A statement that the applicant will dispose of all solid waste collected or transported by him or her to a legally established disposal site where the same may be accepted and disposed;
5. 
Facts showing that the applicant is qualified financially and has previous experience to render an efficient solid waste service;
6. 
A statement as to the number of customers that the applicant proposes to serve;
7. 
Proof that the applicant owns or has under his or her control, in good condition, sufficient vehicles and equipment to adequately conduct the solid waste service if granted a permit; and that said vehicles and equipment conform to all applicable provisions of this chapter and the California Motor Vehicle Code; and that he or she owns, or has access to suitable facilities to maintain in a clean and sanitary condition all vehicles and equipment used in the service;
8. 
Evidence that the issuance of a permit is in the public interest and there is a need for a permit to be issued;
9. 
Such additional information as the department or board may require.
B. 
Upon receipt of a completed application for the transportation of solid waste only, the director shall determine if the applicant meets all the requirements of this chapter and upon such determination shall issue a permit for specific area or areas.
C. 
Upon receipt of a completed application for the collection and transportation of solid waste, the director shall determine if the granting of a permit is in the public interest, there is a need for the service in the area for which the application has been made and if the applicant meets all the requirements of this chapter. Upon completion of his or her investigation, the director shall present his or her recommendation to the board. No permit shall be issued by the director until the board has determined that the public health, safety, welfare, convenience and necessity require the granting of a permit for a permit area, and approves the rate schedule.
D. 
Upon the approval of the granting of any permit, the director shall issue a permit for the specific area or areas and the permittee shall have the right to collect and transport solid waste throughout the entire permit area or areas designated by the permit.
E. 
All permits shall be issued for not more than three years to expire at the end of the calendar year.
(Ord. 236 § XII, 1973; Ord. 1111 § 4, 2006)
A. 
Permits may be renewed for three-year periods by the director, upon application by a permittee, if the director determines that the permittee remains in compliance with the provisions of this chapter.
B. 
Applications for permit renewal must be received by the department thirty days prior to the permit expiration date, otherwise the renewal may be denied by the director.
C. 
The renewal application shall conform to the provisions of Section 7.08.180. In addition, the permittee shall provide a statement with the renewal application that he or she has provided an adequate and satisfactory service to a substantial percentage of the accounts in the area serviced. This shall be evidenced by a list of the subscribers and the monthly rate charged each subscriber.
(Ord. 236 § XIII, 1973; Ord. 1111 § 5, 2006)
A. 
Permittee will be issued an identification device for attachment to each vehicle that meets the applicable provisions of this chapter. Only vehicles bearing such identification shall be used in the permit area.
B. 
Each permittee by the fifteenth of the month following the end of the quarter shall pay to the county ten percent of his or her total billings for that previous quarter, and shall furnish with the payment a statement prepared by a public accountant certifying to the correctness of the amount of the gross receipts. If the payment is not paid by the fifteenth of the month following the reporting period, a ten percent penalty shall be assessed and paid. If the payment and penalty are not paid by the sixtieth day following the reporting period, the permit may be suspended or revoked by the director. The board of supervisors reserves the right to review and audit all records of the permittee concerning his or her operation.
C. 
The foregoing fees and payments shall be paid to the county department of public works and deposited with the county treasurer. All such fees and payments shall be credited to the county general fund.
(Ord. 236 § XIV, 1973; Ord. 276 § 2, 1975; Ord. 1102 §§ 3, 4, 2005; Ord. 1163 § 5, 2011)
A permittee shall not sell, assign or transfer a permit nor any of the rights and privileges granted thereby without the prior written approval of the director. Any change in management of a permittee must be approved by the director in writing. Disregard of any of the preceding is sufficient grounds for the director's revocation of the permit. The permittee shall file a statement of ownership when renewing a permit, and at such other times as requested by the director, and shall verify the same as being true and correct under the penalty of perjury.
(Ord. 236 § XVIII, 1973)
A. 
Persons who have provided continuous service in an area since January 1, 1973, and are still doing so on the effective date of the ordinance codified herein, shall be granted a permit to continue such service for the area they are presently serving; provided such persons are furnishing adequate service and otherwise are qualified for a permit.
B. 
If the director should determine that a permit should not be granted, the collector or transporter may appeal to the board as provided in Section 7.08.120.
(Ord. 236 § XIX, 1973)
A. 
A permit may be suspended or revoked by the director upon ten days' written notice to the permittee, delivered in person or by registered or certified mail, to the business address appearing on the permit application or the latest notice given by the permittee of a change in business address. Such notice shall state the violation charged and the effective date of the suspension or revocation.
B. 
A suspension can be for an indefinite period of time.
C. 
During the suspension period, the director may make such arrangement with others as is necessary for furnishing collection or transportation services in the area.
(Ord. 236 § XVI, 1973)
Any person who is dissatisfied with any decision or ruling of the director under the provisions of this chapter may appeal to the board, who shall have the power to grant or deny such appeal in writing within ten days after the date of said decision or ruling by the director.
(Ord. 236 § XVII, 1973)
A. 
No person shall convey or transport solid wastes upon or along any public highway in the county unless such solid waste is contained and/or covered or otherwise secured so as to prevent it from leaking, dripping, falling, blowing or scattering from the vehicle in which it is being conveyed or transported.
B. 
Each vehicle hauling solid waste under a permit in the county shall comply with the following requirements:
1. 
Vehicles shall be maintained at all times in a good and safe mechanical condition. They shall be clean, sanitary, and painted to the satisfaction of the director;
2. 
Vehicles shall be equipped with devices capable of covering every open section of the body where solid waste is placed;
3. 
Vehicles shall bear the firm name, telephone number, street address and vehicle number in legible letters, not less than three inches in height, on both sides of the vehicle;
4. 
Vehicles shall be inspected at the discretion of the department.
5. 
Improper vehicle maintenance is sufficient cause for the director to suspend the permit.
(Ord. 236 § VI, 1973)
A. 
Residential solid waste collection shall be made only between seven a.m. and six p.m. Monday through Saturday.
B. 
Residential collections shall be made at least once weekly. The permittee will provide an unlimited quantity collection service; provided the containers and bundles conform to the applicable provisions of this chapter.
C. 
The collector is not required to pick up bulky items or any object weighing more than sixty pounds or more than four feet in any dimension.
(Ord. 236 § VII, 1973; Ord. 1163 § 6, 2011)
A. 
The board shall approve fair and equitable rate schedules as required for the different areas. These charges shall be based on the type of container, number of separate pick-up points at the place of collection, location, geographical terrain and the type of collection (commercial, industrial, or residential). A proposed inclusive rate schedule shall be filed with the department by each permit holder as a condition of application for a permit or a renewal thereof.
B. 
The director may, if deemed necessary, require a permit holder or applicant for a permit to provide a verified current operating expense report to ascertain if fees charged subscribers are reasonable, nondiscriminating and uniform for equal service as a condition of application for a permit or a renewal thereof.
C. 
Application for rate changes shall be made in writing to the director. Change in rates may be authorized by the board after an investigation and recommendation of the director.
D. 
The board may establish rate schedules for areas if, after an investigation, it finds that the rates or rate changes requested by an applicant or permittee are unreasonable or substantially higher than those charged generally under similar service requirements and for the same or similar quality of service. In determining whether rates are reasonable, the board shall give due consideration to:
1. 
The investment in equipment and facilities;
2. 
The services of management;
3. 
Local wage scales;
4. 
The concentration of customers in the area serviced;
5. 
Methods of storage, collection and transportation;
6. 
Length of haul to disposal site;
7. 
A reasonable return to the owner of the business; and
8. 
The future service demands of the area which must be anticipated in equipment, facilities and personnel.
E. 
Complaints of discrimination and/or overcharging by a customer shall be submitted in writing to the department, and the director will conduct an investigation. The results of the investigation will be communicated in writing to the complainant and the involved permittee.
(Ord. 236 § VIII, 1973; Ord. 276 § 1, 1975; Ord. 1163 § 7, 2011)
Permittees shall maintain an office at some fixed place within the county, or at a fixed place outside of the county provided said place outside of the county is in closer proximity to a board-designated point of collection than county-based permittees. Listed telephones shall be maintained at all said locations. The permit holder shall, during the hours between nine a.m. and five p.m. of each day except Saturday, Sunday, and legal holidays, have a competent adult person at said office for the purpose of answering inquiries and receiving complaints from customers. The permit holder shall notify the department in writing seven days prior to any change in business address or telephone number. Such notice shall set forth the revised information.
(Ord. 236 § IX, 1973; Ord. 852 § 1, 1989)
A. 
The permit holder shall provide collection service to any resident or to any commercial or industrial establishment located within the permit area desiring such collection service at the regular rate.
B. 
The director may require a permit holder to provide service to an adjacent permit area when necessary to insure that an adequate collection service is provided to the public, at a rate to be approved by the board.
C. 
Service complaints shall be investigated by the department and, unless a satisfactory settlement is effected, the board may be requested to hold a hearing by any of the parties involved, including the department. Unsatisfactory service is sufficient cause for the director to suspend or revoke a permit.
(Ord. 236 § X, 1973)
A permit holder may deny service to a subscriber for reason of failure to pay his or her just bill or for any substantial refusal to comply with the requirements of this chapter, after giving the subscriber two weeks' notice and an opportunity to comply. The department and health officer shall be notified in writing of any proposed service denial seven days prior to ceasing service to any subscriber.
(Ord. 236 § XI, 1973)
Concurrently with the issuance of a permit, a permittee shall:
A. 
Agree to appear and defend all actions against the county arising out of the exercise of said permit, and shall indemnify and save harmless the county, its officers, employees and agents of and from all claims, demands, actions or causes of actions of every kind and description resulting directly or indirectly out of, or in any way connected with the exercise of said permit.
B. 
Obtain and keep in full force on each truck, public liability insurance in an amount not less than one hundred thousand dollars for injury or death to any one person, and not less than three hundred thousand dollars for injury or death to more than one person arising out of any one accident or occurrence; property damage liability insurance in an amount not less than one hundred thousand dollars; and Workmen's Compensation insurance covering all employees of the permittee. Copies of such policies, or certificates evidencing such policies, shall be filed with the department. The county shall be named as an additional insured. All policies shall contain a provision requiring a thirty-day notice to be given to the department prior to cancellation, modification or reduction of limits.
The amounts of public liability insurance for bodily injury and property damage shall be subject to review and may be adjusted by resolution of the board as it deems necessary.
(Ord. 236 § XV, 1973; Ord. 316 §§ 1, 2, 1977)
Any person violating any provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than five hundred dollars or imprisonment in theCounty Jail for a term not exceeding six months, or by both fine and imprisonment.
(Ord. 236 § XX, 1973)