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Ordinance No. 310+
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AN ORDINANCE ADDING ARTICLE VII TO CHAPTER 3 OF THE BUTTE COUNTY CODE
4 REGARDING GATE FEES CHARGEABLE AT THE NEAL ROAD LANDFILL
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The Board of Supervisors of the County of Butte ordains as follows:
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Section 1. Findinas_
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The Board of Supervisors makes the following findings:
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(a) The California Integrated Waste Management Act of 1989 (Division
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30 of the Public Resources Code, commencing with Section 40000), requires
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the County to adopt and implement a countywide integrated waste management
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plan and Section 41901 authorizes County to impose fees sufficient to pay
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the costs of preparing, adapting and implementing said plan.
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(b} The California Integrated Waste Management Act of 1989 requires
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the County to divert 250 of solid waste from burial in the Neal Road
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Landfill by 1995, and to achieve 50% waste diversion by 2000.
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(c) New Federal laws and regulations, including, but not limited to
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the Subtitle D Amendments to the Resource Conservation and Recovery Act
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of 1976 and 40 Code of Federal Regulations, Parts 257 and 255, require
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extensive changes in operation, maintenance, and design of landfills in
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the State of California.
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{d) The purpose of such laws and regulations is to prevent waste
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discharges to land and to protect surface and ground waters, air quality,
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and the public health and safety.
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(e} Complying with such laws and regulations will significantly
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increase the costs of operating, maintaining, and designing of the Neal
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Road Landfill.
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1 (f) Gate fees chargeable at the Neal Road Landfill have been
2 previously established by resolution of this board, including resolution
3 number 92-155.
4 (g) Said gate fees do not currently include amounts sufficient to
5 recover all costs for the design, operation and maintenance of the land
6 fill or the costs of preparing, adapting and implementing the countywide
7 integrated waste management plan.
8 (h} A study has been conducted and data prepared indicating the
9 estimated costs required to design, operate, and maintain the Neal Road
10 Landf ill in accordance with State and Federal laws, and to prepare, adopt
11 and implement the countywide integrated waste management plan, and such
12 data and a proposed fee schedule have been made available to the public
13 as required by law.
14 (i} A public hearing has been duly noticed and held on November 9,
15 1993, pursuant to the requirements of Government Code Section 66016, to
16 consider said data and proposed fee schedule and to receive and consider
17 oral and wxitten presentations pertaining thereto.
18 (j} The revenues to be generated by the proposed fees do not exceed
19 the costs of designing, operating and maintaining the Neal Road Landfill
20 in accordance with State and Federal law and the costs of preparing,
21 adopting and implementing the countywide integrated waste management plan,
22 and it is desirable to impose such fees and to codify them for ease of
23 reference.
24 (k) This ordinance is enacted pursuant to Public Resources Code
25 Section 41901, Government Code Section 66016, Article T, Section 1 of the
26 Butte County Charter, and Article XT, Section 7 of the California
27 Constitution.
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Section 2. Article VII Added to Cha ter 3 of the Butte Count Code.
Article VII is added to Chapter 3 of the Butte County Code to read
as follows: "Article VI. Gate Fees Chargeable at the Neal Road Landfill.
Section 3-70 Payment of Fee Required. The gate fees specified in this
Article shall be paid by any person disposing of waste at the Neal Road
Landfill. In no event will waste be disposed of at the Neal Road Landfill
unless the applicable fees are paid in full.
Section 3-61. Gate Fee Schedule.
The following gate fees shall be charged to recover the cost of design,
operation, and maintenance of the Neal Road Landfill:
A. STANDARD FEES FOR MISCELLANEOUS REFUSE, DISPOSAL FEE
SOLID WASTE AND SEPTAGE DISPOSAL
PRIVATE HAULERS
Minimum charge per vehicle, up to 1000 lbs., net $8.50
weight
All other vehicles over 1,000 lbs., net weight $17.00 per ton
COMMERCIAL HAULERS
All loads, including demolition and bulky items (excluding $17.00 per ton
tires, baling wire & stumps)
CLEAN FILL DIRT (no contaminants, litter, yard waste,
or demolition
CLEAN ASPHALT OR CONCRETE (no contaminants, rebar,
litter, or demolition)
CLEAN WOOD WASTE (na contaminants, litter,
roofing shingles or yard waste)
$5.00 per ton
$5.00 per ton
$5.00 per ton
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SEPTAGE
$11.92 per tan
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B. ADDITIONAL FEES FOR ITEMS REQUIRING SPECIAL HANDLING. All
~ loads requiring special handling and immediate cover, such as
asbestos, or for security ar other reasons, and loads containing
4 bulky items, stumps, or tires, are subject tv the following fees
in addition to the above minimum or per ton disposal fees.
5 HAZARDOUS WASTES ARE NOT ACCEPTED.
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~ SPECIAL HANDLING/IMMEDIATE COVER
All loads $45 per load
BULKY AND HARD TO HANDLE ITEMS (PRIVATE HAULERS
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10 Mattresses, box springs, furniture, large pieces of $5.50 per item
carpet, appliances, and other bulky items
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12 WOOD STUMPS (larger than 24" trunk diameter measured $10.00 per
directly above root ball} stump
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14 TIRES Size
'Up to 36" O.D. $1.50 per fire
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36" to 48" O.D. $3.50 per fire
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48" to 60" O.D.
$12.00 per fire
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Over 60 O.D. & large loads of whole tires $130.00 per ton
18 (total fee)
19 {Tires with rims will be charged double price )
Large loads of altered tires {split, sliced, $30.00 per tone
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or quartered)
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23 Section 3. Effective date.
24 The fees established by this ordinance shall be effective on January
25 2, 1994, and shall, on that date, supersede all previously enacted gate
26 fees for disposing of waste at the Neal Raad Landf ill. All such, previously
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1 enacted fees are repealed on said effective date, including but not
2 limited to those fees established by resolution 92-155_
3 Section 4. Severabilit .
4 If any part of this ordinance shall be held void by a court of
5 competent jurisdiction, such part shall be deemed severable, and the
6 invalidity thereof shall not affect the remaining parts of this ordinance.
7 Section 5. Publication. This Ordinance shall be and it is hereby
8 declared to be in full farce and effect from and after thirty {30) days
9 after the date of its passage, and before the expiration of fifteen (15)
14 days after its passage, this ordinance shall be published once with the
11 names of the members of the Board of Supervisors voting for and against
12 it in the Chico Enterprise Record , a newspaper published in the
13 County of Butte, State of California.
14 PASSED AND ADOPTED by the Board of Supervisors of the County of
15 Butte, State of California, on the 9th day of November , 1993,
16 by the following vote:
17 AYES: Supervisors Meyer, Dolan, McLaughlin, Thomas and Chaiz Roux
18 NOES : None
19 ABSENT: None
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24 NOT VOTING: None ~
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MARY A E HOUX, Chair of the
22 Butte County Board of Supervisors
23 ATTEST:
24 JOHN S. BLACKLOC}i
Offi er and Cler3~ of the Board
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By ~
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2 ~ (nealyd.ord)
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