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~ Ordinance No. 3217
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AN ORDTNANCE ADDING CHAPTER 3~B, ENT~TLED "SOLTD WASTE COLLECTION IN
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THE CHICO URBAN AREA", T4 THE BUTTE COUNTY CODE
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The Board a~ Supervisors o~ the County of Butte ordains as fo~lows:
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Section 1. Enactment of Chapter 31B_ Chapter 31B is her~by added to the
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Butte County Code ta read as follows:
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"SQLID WASTE COLLECT~ON IN THE CHICO URBAN AREA,lr
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ARTICLE I. SOLID WASTE COLLECTORS.
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Section 31.B-1 AUTHORITY.
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This Article is enacted by the Board of Supervisors pursuant to the
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authority granted to it by: Article ~, Section 1 0~ the Butte County
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Charter; Article XT, Section 7 of the Ca~~fornia Const~tution; and
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Divisa.on 30 of the Pub~~c Resources Code, commencing with Seation 40~00,
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~.ncluding but not limited to Sections 40002, 40058, 40059, 4~901., 4~902,
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41954 and 42911.
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Section 31B-2. INTENT.
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~t a.s the intent af this Article to regulate solid waste coll.ectors
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in the Chico Urban Area so that so~.id waste generated by residential us~rs
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in said area will be collected and disposed of in a manner which will.:
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1. Protect the pub~ic health, safety and welfare by ensur~ng that
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solid waste ca~Zectian wil~. be ~onducted in an efficient and
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orderly manner.
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2. Encourage recycling which wil~ divert recyc~.able solid waste
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from the waste stream for benefica.al use and to extend the
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useful life of the Neal Road Landfil.l.
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1 3. To implement the Butte County Source Reduction and Recycling
2 Element, wh~ch was adopted on Navember 14, 1992, and wi11
3 become a part of the contemplated Butt~ County Integrat~d Waste
4 Management P1an.
5 4. To cooperate with the City of Chica ta accomplish said goals in
6 an arderly and coordinated manner pursuant to a written
7 agreement executed by the City Council and the Board of
8 Supervisars.
9 Section 31B-3. DEFINITIONS.
10 For purposes of this Article, the following words and phrases shall
1~ have the meanings respectively ascribed to them by this Section.
12 A. Chico IIrban Area. "Chico Urban Area" shall mean al~
13 unincorporated areas within the boundaries depicted on that map which is
14 attached as Appendix 1 ta this Chapter.
15 B. Recvclable 8o~id Waste. "Recyclable Solid Waste" consists a~
16 newspaper, cardboard, glass, aluminum cans, tin cans, and plast~c
17 containers.
18 C. So1id Waste Collector. A"so~id waste collector" is any person
19 engaged in the business of collecting and disposing of solid waste in the
20 Chico Urban Area in consideration af the payment of charges for such
21 service. "Sol~d waste col~ector" shall not include a person:
22 (1) Engaged in a recycling or rendering business who receives no
23 consideratian for the col~ection o~ solid waste.
24 {2) Removing his or her own re~use or refuse of another without
25 compensation.
26 (3) Collecting vegetab~e matter or food waste, w~thout any charg~,
27 for use as food for animals.
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~ (4} Operating a Iawful business having leavings, waste materia~ ar
2 refuse residue which is col~ected, transported and disposed of
3 in the natura~ course of the business, including but not
4 necessarily ~imited to gardener~, tree tr~mmers, street
5 cleaners, and construction or demolition contractors.
6 8ep~ion 31B-4. LICENSE AND PERMITS RE UIRED.
7 Co~-mencing January 1, 1996, ~t sha~l be unlawful to engage in the
8 business of a solid waste collector in the Chico Urban Area without first
9 obtaining a~icense pursuant to Chapter 31 of this Code and a permit
10 pursuant to this Articl~.
11 Section 31B-5. PERMITS - AUTHORITY T~ ISSIIE OR DENY.
12 Permits may be ~ssued or denied pursuant to this Article by the Czty
~3 of Chico ("City"), acting an behal~ of the County of Butte ("County")
14 pursuant to a wr~.tten agreement executed by the City Council and the
15 Board of Supervisors, to solid waste collectors who hold a valid, current,
16 City of Chico solid waste collector per~n~.t. Permits sha11 be issued to
17 any person having subm.~tted a proper application for same, if the City
18 determines that such person has or can obtain the skills, equipment, and
19 personnel necessary ta provide salid waste collection services to the
24 residents of the Chico Urban Area in a manner that complies with the
21 standards and other requirem~nts of this Article.
22 Section 31B-6. PERM~TS - APPL~CATION.
23 Th~ person submitting an application for a solid waste collector
24 pe~~nit in the Chico Urban Area shall be the ~.egal representative ot the
25 soZid waste collector applying far said permit. The application for said
2G permit sha11 be submitted to the Chico City Manager upon such form as he
27 or she and the Butte County Salid Waste Manager agree upon and prescribe,
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1 The app~icant shall pay the Chico Finance Director a permit app~ication
2 fee in an amount equa~ ta the applicatian fee then in ef~ect for a City
3 of Chico solid waste collector permit.
~ The solid waste collector application sha~l include, but is not
5 limited to, the ~ol~owing information:
6 a. Name, address and phone number of firm and owner app~ying ~or
7 permit;
8 b. License number, yardage capacity and type of al~ col~ection
g vehicles;
10 c. Total nt~mber of collection veh~cles used within the Chico Urban
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12 d. Proposed colar(s) of vehicles.
I3 8ection 31B-7 PERMITS, RENEWAL,_ ISSIIANCE AND TERM.
14 Ca~nmenc~.ng as af January l, 1996, the term o~ any permit issued
15 pursuant to this Article prior to June 30, 1996, shall expire on June 30,
16 1996. However, cvmmencing as of July 1, 1996, the term of any permit
17 issued pursuant to this Article sha11 be fo~ the fa.ve-year period which
18 bega,ns on Jul.y l, 199~, or on July 1 of each fi~th year thereafter,
19 pravided, that where a permit is issued subsequent to July 1, 1.996, or
20 Ju~y 1 of any fifth year therea~ter, such permit shall be for a term of
21 less than f~ve (5) years beginning an the date of issuance and terminating
22 the end of the five-year period during wh~ch such perm~.t was issued.
23 Application for the renewal of a permit shall be submitted to the
24 Chico City Manager prior to January ~ of the year in which the term of the
25 perma.t issued pursuant to this Article wiZ~ expire.
26 No sol.id waste co~lectar shall apply for a permit or permit renewal
27 who does not hold a current and vaiid Refuse Collection and Removal
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1 License issued pursuant to Chapter 31 0£ this Code.
2 SectioA 31B-8. PERMITS - TRANSFERAB~LiTY.
3 No permit issued pursuant to this Article shall be trans~erable or
4 assiqnable without prior approval. by the Butte County Board of Supervisors
5 and the Chico Ci.ty Council; provided, that in the event af the death of
6 a permittee, his or her legal representative, i.e., exeautor or
7 admina.strator, may continue to operate under said deceased permittee's
8 permit, during the course o~ prabate not exceeding a period af one year,
9 or until the beginning of th~ next ~ive-year renewal period, whichever
10 time occurs first. If such permit has not been transferred prior to the
11 occurrence of said time, such permit shal]. expiare.
12 Section 31B-9. PERMITS-STANDARDS.
13 The following standards must be met and mai.ntained by a so~id waste
1.4 c~~.lector in order to acquzre and maintain a valid permit pursuant to this
15 Article:
16 a. Obtain a Refuse Collection and Removal License from the Caunty
17 of Butte and pay the fee in connection therewith to the County
18 Health ~fficer pursuant to Chapter 3~ of this Code when said
~,g fee a.s due and be~ore it is delinquent;
20 b. Pay, as a solid waste co1.3.ection program administration tee,
21 the fo].lawing percentage of a11 gross receipts from residential
22 customers:
23 {1} Small canta~.ners up to 32 gallon capacity and a11
24 other pickups not inc].uded ~.n schedules below, 3%.
25 (2) Container {1. to 3 yard capacity), 20.
2~ (3) Drop bax (Any cantainer in excess o~ 3 yard
~~ capacity), 1%.
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3 c. Col.lect so~.id waste from residential. customers as per agreement
4 with each such customer and ~awful.l.y dispose of such waste;
5 d. Provide to all r~sidential customers an optional curbside
6 recycling program to allow for the coJ.].ection of recyclable
7 solid waste, and divert from the waste streann all recyc~able
8 solid waste collected by it under such pragram so that such
9 waste wi~.1 be separated, recycled, used, sold or disposed of in
14 some ~awful manner other than by disposing of it at the Neal
l~ Road Landfill;
1.2 e. Charge all residential custaaners no less than the minimum and
13 no more than the maximum £ee charged far comparabl~ solid wast~
14 and recycling sErvices within the City of Chico,
15 f. Submit for approval to the Bt~tte County So~id Waste Manager and
1.6 the Chico City Manager any notice or form regarding solid waste
17 or recyclable solid waste collection servaces which a permittee
18 intends to send or otherwise ga.v~ to customers. Al1 such
19 notice for~s shall be submitted to the said managers na later
20 than fourteen {14) days prior to the date such notice form is
21 to be sent or otherwise provided to customers. Fa~lure of said
22 managers to respond to the submitted notice form within seven
23 (7) days shall constitute their approval o~ the form.
24 Provided, however, that bills sent to custo~ners in the regular
25 course of bus~ness far services rendered and/ar a notice o~
26 term~nation of services by reason of the non-payment of such
27 bills shall be exempt ~rom the approval process required
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1 pursuant to this subsection.
2 g. Sub~it an ann~al statement to the Butte County Solid Waste
3 Manager and to the City of Chico Finance Director in a form
4 agreed upon and prescribed by them and containing all f~nancial
5 in~ormat~on relating to a perm~ttee~s prior year of operations
6 in the Chico Urban Area. Said statements sha11 be prepared by
7 an independent public accountant or certified public accountant
8 licensed under the Iaws of the State of California and shall be
g submitted not later than ninety {90) days after the end of each
10 pe~mittee~s fiscal year. In order to veri£y such statements,
11 the Butt~ County So1id Waste Manager and the Chico Finance
12 Director sha11 have the right to audit the accounts and other
13 related financial records of each permittee.
14 h. Maintain at all times a current list of residential customer
15 names, addresses, and collection schedules, wh~ch sha~l be made
16 availab~e to the Butte County Solid Waste Manager and to the
~~ City o~ Chico Finance Director upon request, ~or the purpose of
~S audit. Such lists sha~~ be available far audit at any tim~
19 during the business day. Failure to comply with this section
2fl will be grounds for revocation of the permit.
21 i. Submit a quarterly report to the Butte County Solid Waste
22 Manager and to the Chico City Manager in a farm agreed upon and
23 prescribed by them setting forth such information on the
24 pe~mittee's recycling operations in the Chico Urban Area as may
25 be dete~mined by them to be necessary to evaluate the
26 permittee's recycling operations to determine the valume and
27 type af solid waste which has been diverted from the waste
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1 stream. Said r~port shall be submitted no later than thi~ty
2 (3A) days after the end of each quarter.
3 j. Not allow any solid waste or recyclab~e solid waste to spi11,
4 drop, fall or remain on the ground ~r sur~ace in or upon any
5 pub~ic street, alley, way or place.
6 k. Maintain a bus~ness o£fice within the Chico Urban Area open to
7 the general publ~c during the hours of 8 a.m. to 5 p.m. Monday
8 through Friday, halidays excepted, which is sta~fed with at
9 least one employee to respond to customer questions and
10 complaints submitted either in person or by telephone.
11 However, zn ~ieu of maintaining a business offzce open to
12 members o~ the general public, the permittee may p~ace in
13 operatian a te~ephone answering machine capable of recording
~4 customer questions and complaints during the hours of 8 a.m. to
15 5 p.m., Monday through Friday, ho~idays excepted, provided such
16 recorded questions and complaints are respanded to not later
17 than the end of business hours on the business day next
~8 following the day such question ar complaint was recorded.
19 1. Offer its customers na ~ess than two ~ree salid waste
20 collect~on events each year which shall be of a type and shall
21 be conducted in a manner which has been approved in advance by
22 the Butte C~unty So1id Waste Manager and the Chico City
23 Manager.
24 m. Hold a valid, current, City af Chico solid waste collector
25 permit.
26 SectiOn 31B-10. PERM~TS-REVOCATION.
27 The Chico City Council may, acting with the concurrence of and on
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1 behal~ of the County of Butte pursuant to a wr~tten agreement executed by
2 the City Council and the Board ofi Supervisors, following a public hear~ng,
3 revoke the permit ~ssued pursuant to this Articl.e to any solid waste
4 co~.l.ector, if said solid waste collectoa~ is found to have operated or to
5 be op~rating in viol.ation af the provisions of this Artic~.e~ including,
6 but not limited ta, the permit standards speca.£ied in Section 31B-9 above.
7 Notice of such hearing sha~.i be served on such sol.id waste collECtor
8 by certified mai~, return receipt requested, addressed to such so].i.d waste
9 co~Iector's last known address, at least ten (10) days prior to the date
10 set for the hearing. Said notice, in addition to setting forth the time
~.~. and date af the hearing, shall specify the grounds upon which revocation
12 wi11 be considered and shal~. inc].ude a statement of such sol.id waste
13 collector's right to appear and be heard at the hearing.
14 Section 31B-].1. PERM~TS-REVOCATION-PROCEDIIRE.
15 Upon revocation o~ a permit, the following procedure sha~~. be
16 fol~.awed:
17 a. The City shall send a registered letter to the solid waste
18 collector with a copy to the Butte County Solid Waste Manag~r
19 containing notif~.cation of permit revocation.
20 b. A solid waste coliector whos~ permit has been revaked shall not
21 callect solid wasta or recyc~able soiid wa~te or otherwise
22 perform the duties and businass of solid waste cailector within
23 the Chico Urban Area after a peri.od of thirty {30} days
24 fallawing the date of revocation.
25 c. The solid waste collector shal.l natify a~1 of his or her
2& customers of revocation within a period of fiEteen (~5) days
27 ~o~lowing the date af said revocation. If the so3.id waste
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1 collector fails to give such not~ce, the City Manager sha11
2 notify said customers at the sole expens~ of the solid waste
3 collector and recaverab~e from the indemnity band or Qther
4 s~curity devic~ submitted to the Caunty pursuant to Section 31-
5 4 of this Code, Such notificatian by the City Manager may be by
6 means of the publi.cation of a display advertisement o~ at least
7 one-quarter of a page in a newspaper of genera~ circulation in
8 the Chico Urban Area.
9 d. The solid waste callector shall notity the Butte County Solid
10 Waste Manager and the Chico City Manager upon the co~pletian of
li customer natification pursuant to this section.
12 Section 31B-12. PERMITS-MONETARY PENALTY IN LIEU OF REVOCATION.
13 Tf the Chico City Cauncil, afiter convening a hearing on the proposed
3.4 revacation of a permit issued to a solid waste collectar pursuant ta this
15 ArticJ.e determines that such solid waste collectar, although having
16 violated the provisions of thas Article, has nevertheless corrected such
~7 violation subsequent to the date the so~.id waste coll.ector was served with
18 a notice of such hearing, the Chico City Council may, wi.th the conc~rrence
19 ot the Board of Supervisors and pursuant to a written agreement executed
20 by the Ca.ty Councii and the Board of Supervisors, in lieu of revoking the
21 permit issued to the solid waste coilector, assess a monetary penalty
22 against the soZid waste co~.lector. Such penalty may be in the amaunt of
23 $~00.00 or in an a~naunt equal to the costs and expens~s incurred by the
24 County ot Butte and the City of Chico for the staff time committed to the
25 revocation proceedings and preparation for such hearing, whichever amount
26 is greater. A11 such monetary penalties assessed by the City Counci~.
27 shall be due and payable no later than the thirtieth day follow~.ng the
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1 date af such hearing, and the tailure to pay such sum with~n such time
2 sha11 be f~rther graunds for the revocation ot the per~it issued to the
3 solid waste collector against who~ such penalty was assessed. The
4 penalties paid shall be d~stributed to the County of Butte and to the City
5 0~ Chico based upon their respective costs and expenses incurred, pursuant
6 to a written agreement executed by the City Council and the Board o£
7 Supervisors.
8 Sectian 31B-12. PAYMENT AND DISBIIRSEMENT OF ADMINISTRATrON FEES, Each
9 solid waste collector doing business in the Chico Urban Area shall pay
3.0 adm~.nistration fees to reimburse the County of Butte and the City of Chico
11 for thea.r costs incurred in administering the solid waste coll.ection and
12 recycling programs pu~suant to this Article. The amount o~ said fees
13 shal~ be as specified in Section 31B-9b, above. Said administration fees
14 sha~.l be initially due and payabl.e in advance on January l, 1996, on a
15 pro-rated basis, and thereafter on the first day of July o~ each year.
16 If a solid waste col].ector commences business in the Chico Urban Area
17 after January 1, ~.996, then such coilector shall pay said administration
18 fees, in advance, on a pro-rated basis, commencing on the ~irst day said
19 business commences . Said ~ees shal.l be paid to the Chico Finance Director
20 and shall thereafter be prorated and da.sbursed to the County of Butte and
21 City of Ch~.co tQ reimburse said entities for their respect~ve costs
22 incurred in administering the salid waste collection pragram in the Chica
23 Urban Area, pu.rsuant to a written agreement executed by the City Council
24 and the Board of Supervisors."
25 Section 2. Severability.
26 If any part o~ this ordinance shall be he~d void by a court of
27 competent jura.sd~ction, such part shall be deemed sev~rabl.e, and the
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1~nvalidity thereof shall not affect the remaining parts o~ this ordinance.
2 Section 3. Effective Dat~ and Publication. This Ordinance shall be and
3 is her~by daclared to be in full force and effect from and after thirty
4(30) days after the date flf its passage, and before the expiration af
5 f~fteen (15) days afte~ its passage, this Ordinance sha~l be published
6 once with the names of the members of the Board o~ Superv~sors voting ~or
7 and against it in the Chico Ente~-prise Record , a newspaper
8 pub~.~.shed in the County of Butte, State ot Cali~ornia.
9 PASSED AND ADOPTED by the Board of Supervisors of the County o~"
10 Butte~ State of California, on the 1D~h day of Oc~o'her , 1995,
11 by the following vote:
12 AYES: Supervisors Meyex, Dolan, Houx, Thoxnas and Chair McLaughlin
13 NOES : None
14 ABSENT: None
15 NOT VOTING : None
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16 •
ED MCLAUGHL N, hair of the
l~ Butte County B rd of Supervisors
ATTEST:
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,?OHN S. BLACKLOC
19 Officer and CJ.e k of the Board
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2 a sy ,~ ~a-~... ~
2~
rr~/ sit
22 (solidw.ora)
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Appendix 1
An ordinance adding Chapte~r 31 B, en~itied
"Solid Waste Collection in the Chico Urban Area,"
to the Butte County Code
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CHICO & VICINITY
Stanley A~enue Area
Rodeo Avenue Area
Keefer Road Area
~ Stilson Canyon Area
~ Ghico Sphere of fnflu