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2 Ordinance No. 3241
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AN ORDINANCE AMENDING CHAPTER 31B, ENTITLED "SOLID WASTE COLLECTION IN
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THE GHTCO URBAN AREA", OF THE BUTTE COUNTY CODE
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The Board of Supervisors of the County of Butte ordains as follows:
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Section 1. Section 31B of the Butte County Cade is amended to read as
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follows:
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Section 3IB-2. INTENT.
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It is the intent of this Article to regulate solid waste collectors
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in the Chico Urban Area so that solid waste generated by residential and
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commercial users in said area will be collected and disposed of in a
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manner which will:
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1. Protect the public health, safety and welfare by ensuring that
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solid waste collection will be conducted in an efficient and
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orderly manner.
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2. Encourage recycling which will divert recyclable solid waste
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from the waste stream for beneficial use and to extend the.
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useful life of the Neal Road Landfill,
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3. To implement the Butte County Source Reduction and Recycling
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Element, which was adapted on November 10, 1992, and will
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become a part of the contemplated Butte County Integrated Waste
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Management Plan.
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4. To cooperate with the City of Chico to accomplish said goals in
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an orderly and coordinated manner pursuant to a written
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agreement executed by the City Council and the Board of
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Supervisors.
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Section 2. Section 31B-9 of the Butte County Code is amended to read as
follows:
Section 31B-9. PERMITS-STANDARDS.
The following standards must be met and maintained by a solid waste
collector in order to acquire and maintain a valid permit pursuant to this
Article:
a. Obtain a Refuse Collection and Removal License from the County
of Butte and pay the fee in connection therewith to the County
Health Officer pursuant to Chapter 31 of this Code when said
fee is due and before it is delinquent;
b. Pay, as a solid waste collection program administration fee,
the following percentage of all gross receipts from residential
and commercial customers:
(1} Small containers up to 32 gallon capacity and all
other pickups not included in schedules below, 3~.
{2} Container {1 to 3 yard capacity}, 2~.
(3) Drop bax (Any container in excess of 3 yard
capacity), 10.
c. Collect solid waste from residential and commercial customers
as per agreement with each such customer and lawfully dispose
of such waste;
d. Provide to all residential customers an optional curbside
recycling program to allow for the collection of recyclable
solid waste, and divert from the waste stream all recyclable
solid waste collected by it under such program so that such
waste will be separated, recycled, used, sold or disposed of in
some lawful manner other than by disposing of it at the Neal
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1 Road Landfill;
2 e. Charge all residential customers no less than the minimum and
3 no more than the maximum fee charged for comparable solid waste
4 and recycling services within the City of Chico;
5 f. Submit for approval to the Butte County Solid Waste Manager and
6 the Chico City Manager any notice or form regarding solid waste
7 or recyclable solid waste collection services which a permittee
8 intends to send or otherwise give to customers. All such
9 notice forms shall be submitted to the said managers no later
IO than fourteen (14} days prior to the date such notice form is
it to be sent or otherwise provided to customers. Failure of said
12 managers to respond to the submitted notice form within seven
13 (7) days shall constitute their approval of the form.
14 Provided, however, that bills sent to customers in the regular
15 course of business for services rendered and/or a notice of
1G termination of services by reason of the non-payment of such
17 bills shall be exempt from the approval process required
18 pursuant to this subsection.
19 g. Submit an annual statement to the Butte County Solid Waste
20 Manager and to the City of Chico Finance Director in a form
21 agreed upon and prescribed by them and containing all financial
22 information relating to a permittee's prior year of operations
23 in the Chico Urban Area. Said statements shall be prepared by
24 an independent public accountant or certified public accountant
25 licensed under the laws of the State of California and shall be
26 submitted not later than ninety {90} days after the end of each
27 permittee's fiscal year. Zn order to verify such statements,
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1 the Butte County Solid Waste Manager and the Chico Finance
2 Director shall have the right to audit the accounts and other
3 related financial records of each permittee.
4 h. Maintain at all times a current list of residential and
5 commercial customer names, addresses, and collection schedules,
5 which shall be made available to the Butte County Solid Waste
7 Manager and to the City of Chico Finance Director upon request,
8 for the purpose of audit. Such lists shall be available for
9 audit at any time during the business day. Failure to comply
10 with this section will be grounds for revocation of the permit.
11 i. Submit a quarterly report to the Butte County Solid Waste
12 Manager and to the Chico City Manager in a form agreed upon and
13 prescribed by them setting forth such information on the
14 permittee's recycling operations in the Chico Urban Area as may
15 be determined by them to be necessary to evaluate the
16 permittee's recycling operations to determine the volume and
17 type of solid waste which has been diverted from the waste
18 stream. Said report shall be submitted no later than thirty
19 (30} days after the end of each quarter.
20 j. Not allow any solid waste or recyclable solid waste to spill,
21 drop, fall or remain on the ground or surface in or upon any
22 public street, alley, way or place.
23 k. Maintain a business office within the Chico Urban Area open to
24 the general public during the hours of 8 a.m. to 5 p.m. Monday
25 through Friday, holidays excepted, which is staffed with at
26 least one employee to respond to customer questions and
27 complaints submitted either in person or by telephone.
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1 However, in lieu of maintaining a business office open to
2 members of the general public, the permittee may place in
3 operation a telephone answering machine capable of recording
4 customer questions and complaints during the hours of 8 a.m. to
5 5 p.m., Monday through Friday, holidays excepted, provided such
6 recorded questions and complaints are responded to not later
7 than the end of business hours on the business day next
8 fallowing the day such question or complaint was recorded.
9 1. Offer its customers no less than two free solid waste
10 collection events each year which shall be of a type and shall
11 be conducted in a manner which has been approved in advance by
12 the Butte County Solid Waste Manager and the Chico City
13 Manager.
14 m. Hold a valid, current, City of Chico solid waste collector
15 permit.
16 Section 3. Severabilit .
17 Tf any part of this ordinance shall be held void by a court of
18 competent jurisdiction, such part shall be deemed severable, and the
19 invalidity thereof shall not affect the remaining parts of this ordinance.
20 Section 4. Effective Date and Publication. This Ordinance shall be and
21 is hereby declared to be in full force and effect from and after thirty
22 (30) days after the date of its passage, and before the expiration of
23 fifteen (15} days after its passage, this Ordinance shall be published
24 once with the names of the members of the Board of Supervisors voting for
25 and against it in the Chico Enterprise , a newspaper
26 published in the County of Butte, State of California.
27 PASSED AND ADOPTED by the Board of Supervisors of the County of
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1 Butte, State of California, on the 23rd day of ,Tamar , 1996,
2 by the following vote:
3 AYES: Supervisors Meyer, DoJ.an, Houx, Thomas and Chair McLaughlin
4 NOES : None
5 ASSENT : None
6 NOT VOTING: None
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Chair of the Bu e County
g Board of Supervisors
ATTEST:
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JOHN S. BLACKLOCK
10 Officer and Cle~ of the Board
11 By at. C~
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rtHM/e.~t
13 (golidw3.ord)
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