The Board, by resolution adopted from time to time, shall divide the County or portions of the County into Service Areas for the purpose of authorizing the collection of Solid Waste therein. The Service Areas shall be shown on a map of the County kept on file with the Solid Waste Director.
(Repealed and replaced by Ord. No. 3596, effective 12-07-21)
Except as otherwise provided in this Chapter, it shall be unlawful for any person, except a Franchise Hauler, or a person acting with the written authority of a Franchise Hauler, in addition to the approval of the Solid Waste Director, to do any of the following:
(a) 
Collect, store, transport or dispose of any Solid Waste in any designated Service Area.
(b) 
Interfere in any manner with any garbage can or receptacle containing Solid Waste or the contents thereof.
(c) 
Remove any garbage can or receptacle from the place where the same is placed by the owner or the keeper thereof or to remove the contents from such garbage can or receptacle.
(d) 
Collect Solid Waste in a Service Area or portion thereof not covered by a Franchise Agreement.
(e) 
Solicit business for the collection of Solid Waste or removal of garbage in a Service Area or portion thereof without a Franchise Agreement issued pursuant to this Chapter for the collection of Solid Waste in such Service Area or portion thereof.
(Repealed and replaced by Ord. No. 3596, effective 12-07-21)
The provisions of this Article do not apply to the following persons:
(a) 
A person who, free of charge, removes from any premises Solid Waste for which the Franchise Hauler serving the area would impose a fee in addition to the charge for regularly scheduled collection.
(b) 
A person or business entity who collects, transports, and disposes of leavings, waste material or Solid Waste residue resulting from a construction or demolition project.
(c) 
A person who collects, free of charge, vegetable matter or food waste for use as food for animals.
(d) 
A person who operates a lawful business having leavings, waste material or Solid Waste residue and who collects, transports and disposes of such materials in the natural course of the business of gardening, tree trimming, and street cleaning.
(e) 
Commercial recyclers collecting recyclables free of charge.
(Repealed and replaced by Ord. No. 3596, effective 12-07-21)
(a) 
The Board may grant to persons the exclusive rights to collect Solid Waste within specific areas and to deliver all collected Solid Waste to a designated facility for disposal by means of a franchise agreement. The Franchise Agreement shall provide specific terms for the operation of the franchise, including the duration of the franchise, which shall not exceed twenty-five (25) years, and the annual payment to the County of a franchise fee. Unless otherwise expressly provided in the terms of the Franchise Agreement, the provisions of this Chapter apply to any Franchise Agreement approved pursuant to this Chapter.
(b) 
The Board may only approve a Franchise Agreement, or renew a Franchise Agreement, after an open and competitive process for the award of a franchise agreement is completed as follows:
(1) 
On approval by the Board, the County will solicit proposals from persons engaged in the collection of Solid Waste. Prior to the issuance of requests for proposals, the Solid Waste Director shall establish objective criteria to be used in evaluating and selecting the preferred person. The request for proposals shall include the criteria. The Solid Waste Director or his or her designee shall review all proposals and make such investigations as the Solid Waste Director deems necessary and appropriate to ensure that cost effective, quality service will be provided.
(2) 
The Solid Waste Director shall review and evaluate the proposals and recommend to the Board which, if any, proposer should be granted the franchise agreement. Upon the basis of the level of service proposed, proposed service fee, any historical evidence as to the quality of service, other evidence submitted and the results of any investigation, the Solid Waste Director shall make a finding on the qualifications of each proposer. The Solid Waste Director or his or her designee shall recommend to the Board who should be granted the franchise agreement on the basis of his or her findings.
(Repealed and replaced by Ord. No. 3596, effective 12-07-21; amended by Ord. No. 3646, effective 07-04-24)
(a) 
Every collection vehicle used by a Franchise Hauler for collecting and disposing of Solid Waste shall be kept clean on the inside and clean and well painted on the outside, and there shall be displayed on each side of each vehicle the business firm's name in letters not less than four (4) nor more than twelve (12) inches in height. All such vehicles shall have metallic lined beds or metal containers and shall be equipped with adequate covers so that the Solid Waste will not be offensive and will not be blown or scattered from the vehicle. Solid Waste shall be loaded on vehicles so that none of it falls, drops or spills upon the ground, and it shall be protected from wind and rain. A shovel, broom and fire extinguisher shall be kept on each vehicle at all times.
(b) 
This Section shall not apply to a city licensed hereunder to serve areas outside the boundaries of the city.
(Repealed and replaced by Ord. No. 3596, effective 12-07-21)
The Board is authorized to approve, disapprove or modify the proposed schedule of maximum rates submitted by the Franchise Haulers. All rates shall be reasonably related to the costs of doing business, to a fair profit to the Franchise Hauler, and to providing sufficient and proper service to the public. In determining whether such rates are reasonable, the Board may consider the length of haul, types of Solid Waste collected, stored or transported, the number, types and locations of customers served, the investment in equipment and facilities, the local wage scales, the cost of disposal, and any other factor deemed by the Board to be relevant to the cost of doing business, to a fair profit to the Franchise hauler, and to providing a sufficient and proper service to the public.
(Repealed and replaced by Ord. No. 3596, effective 12-07-21)
(a) 
Every Franchise Hauler, prior to filing an application for rate adjustment with the Board of Supervisors, shall give written notice to each Customer within its Service Areas of the Franchise Hauler's intent to apply for a rate adjustment with the Board of Supervisors, unless a waiver of notice is first obtained from the Board of Supervisors. The notice shall set forth the proposed schedule of rates and effective date for the revised rates. An application for a rate adjustment shall be accompanied by proof of service of the notice required by this section and shall be filed with the Solid Waste Director who shall, with the approval of the Clerk of the Board, establish a date for a hearing before the Board on the issue of the rate adjustment within a reasonable time after the filing of the application. The Solid Waste Director shall give written notice of the time and place of the hearing to the applicant and notice of the hearing on the rate adjustment to the general public by publication as prescribed by Section 4-03-1077 of this Article.
(b) 
Prior to the hearing the Solid Waste Director may conduct an investigation of any proposed rate adjustment, including an audit of a Franchise Hauler's books. Upon completion of his or her investigation, the Solid Waste Director shall make a written report and recommendation to the Board regarding the proposed rate adjustment.
(c) 
After said hearing the Board shall approve, disapprove or modify a proposed rate adjustment based on the same standards stated in Section 4-03-1250 of this Article and on proposals for additional, better or more comprehensive service to the applicable Service Areas.
(Repealed and replaced by Ord. No. 3596, effective 12-07-21)
It shall be unlawful for any Franchise Hauler to give any rate preference to any person, locality or type of Solid Waste collected, stored, transported, diverted or disposed. Nothing in this section is intended to prevent:
(a) 
The establishment of reasonable and uniform classes of rates based upon length of haul, type of Solid Waste collected, stored, transported, diverted or disposed of, or the number, type and location of customers served, or upon other factors so long as such rates are reasonably based upon costs of the particular service and are approved by the Board in the same manner as other rates.
(b) 
Any Franchise Hauler from providing service for a charitable, community, civic or benevolent association without a fee or at reduced rates.
(Repealed and replaced by Ord. No. 3596, effective 12-07-21)
In addition to other requirements of this Chapter, each Franchise Hauler shall:
(a) 
Commence providing required service and facilities within thirty (30) days after the commencement date of the Franchise Agreement unless the Board extends the time upon the showing of reasonable grounds by the Franchise Hauler.
(b) 
Not discontinue service to the Service Area or any portion thereof without giving at least ninety (90) days written notice of the proposed discontinuance of service to the Solid Waste Director and to each Customer affected prior to discontinuing said service.
(c) 
Provide collection service, at least once a week, within the entire Service Area or portion thereof that he/she is authorized by County to serve.
(d) 
Annually provide financial records, material records and customer service records in the nature and form requested by the Solid Waste Director pertaining to the Service Area(s) served.
(e) 
Implement waste diversion programs in accordance with the County Source Reduction and Recycling Element as such programs pertain to the Franchise Agreement. Each Franchise Hauler shall divert from Disposal at least 50% of the total waste they collect from their Service Area(s). The following formula shall be used to calculate Franchise Hauler's diversion percentage:
Diversion Percentage = Total Diversion (A+B+C) ˜ Total Generation (A+C+D+E+F)
Where A = Total tons delivered to a Waste to Energy facility (not to exceed 10% of total waste generated in the Service Area).
Where B = Net recycled (Gross recycled less Residuals).
Where C = Total Green waste/Organic Waste.
Where D = Total waste landfilled in a County landfill.
Where E = Total material transferred to a non-County landfill.
Where F = Gross recycled.
(f) 
Provide monthly records to the Solid Waste Director demonstrating to the satisfaction of the Solid Waste Director compliance with the waste diversion programs within the County Source Reduction and Recycling Element.
(g) 
Comply with any necessary County special use permit requirements.
(h) 
Pay all County charges due within ten days after the end of each month, otherwise;
(1) 
The applicant-entity liable for any gate fee account balance remaining unpaid 15 days after the close of the month shall be notified by registered mail that its account privileges will be terminated if the delinquent balance and the current month's ending balance are not paid in full by the 10th of the following month.
(2) 
If said balances are not paid in full by the designated 10th of the following month, then all gate fees thereafter incurred by the applicant-entity holding the account privileges shall, at the discretion of the Solid Waste Director, be required to be paid in cash upon delivery of the waste to the landfill. The applicant-entity holding the account privileges may, at the discretion of the Solid Waste Director, be prohibited from depositing Solid Waste at any County owned landfill until said balances are paid in full.
(3) 
Any month-end gate fee balance not paid in full 10 days after the close of the month shall incur a late fee in the amount of 1.5% per month of the unpaid balance for any applicant-entity holding account privileges who is placed on a cash only basis or prohibited from depositing waste at County owned landfills.
(4) 
The Solid Waste Director shall exercise his or her discretion to take any and all lawful steps necessary to collect any delinquent balance remaining unpaid after the designated 10th of the following month, including, but not limited to, filing a civil complaint on behalf of the County in a court of proper jurisdiction.
(5) 
Upon curing a delinquency, the applicant-entity may re-apply for gate fee account privileges, which application shall be denied or granted, with or without conditions, as the Solid Waste Director, in his or her sole discretion, sees fit.
(i) 
Ensure proper identification on all Collection Vehicles and Containers that accurately identify the Franchisee.
(Repealed and replaced by Ord. No. 3596, effective 12-07-21)
(a) 
The Solid Waste Director shall, upon reasonable cause, make appropriate investigations to determine if there has been a violation of this Chapter, any rules and regulations adopted thereunder, any Franchise Agreement entered into with a Franchise Hauler in accordance with this Chapter, or State or Federal law; or if a Franchise Hauler misrepresented a material statement of facts in the application for a franchise; if a Service Area or portion thereof is not being adequately served by the person authorized to serve said area and there is a substantial demand from customers within the area for a change of service to the area; or for other good cause adversely affecting the public health, safety or welfare. If, in the opinion of the Solid Waste Director, there is sufficient evidence to constitute such a violation or cause, the Solid Waste Director shall give the Franchise Hauler written notice of the alleged violation or cause, the measures that are to be taken to correct the violation or cause, and the time in which the corrective measures must be completed. If the Franchise Hauler is unable or refuses to correct the violation or cause as ordered by the Solid Waste Director, then the Solid Waste Director shall forthwith give written notice to the Franchise Hauler directing it to appear before the Board at a stated time and place and show cause why the franchise should not be suspended, modified or revoked. The Solid Waste Director shall also give notice of the hearing to the general public by publication as prescribed by Section 4-03-1077 of this Article.
(b) 
At the time fixed in said notice, the Board shall hear the testimony of the Solid Waste Director, the Franchise Hauler and other interested persons who may be present and desire to testify concerning the alleged violation or cause and any other matter which the Board deems pertinent thereto. Upon the conclusion of said hearing the Board may dismiss the hearing or the Board may suspend, modify or revoke a franchise upon finding:
(1) 
That the Franchise Hauler violated any of the provisions of this Chapter, any rules or regulations adopted thereunder, or State or Federal law; or
(2) 
That the Franchise Hauler misrepresented material statements of facts in the application for a franchise; or
(3) 
That the Service Area or portion thereof designated by the Franchise Agreement is not being adequately served by the person authorized to serve said area and there is a substantial demand from customers within the area for a change of service to the area; or
(4) 
Other good cause which, in the determination of the Board, adversely affects the public health, safety or welfare.
(5) 
Evidence of noncompliance with any necessary County special use permit requirements.
(c) 
The Board shall give written notice to the Franchise Hauler of its findings and its orders pursuant to this Section.
(d) 
In lieu of the immediate suspension, modification, or revocation of a franchise, the Board may order compliance and make suspension, modification or revocation contingent upon failure to comply with the order within a time stated in said order.
(Repealed and replaced by Ord. No. 3596, effective 12-07-21)