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Ordinance No. 3283
AN ORDINANCE AMENDING ARTICLE VII TO CHAPTER 3 OF THE BUTTE GOUNTY
CODE REGARDING GATE FEES CHARGEABLE AT THE NEAL ROAD LANDFILL
The Board of Supervisors of the County of Butte ordains asl
follows:
Section~_._ Findings
The Board of Supervisors makes the following findings:
(a) The California Integrated Waste Management Act of 1989
(Division 30 of the Public Resources Code, commencing with Section
.40000), requires the County to adopt and implement a county wide
integrated waste management plan and Section 41901 authorizes County
to impose fees sufficient to pay the costs of preparing, adopting and
implementing said plan.
(b) The California Integrated Waste Management Act of 1989
requires the County to divert 25$ of solid waste from burial in the
Neai Road Landfill by 1995, and to achieve 50~ waste diversion by
12000.
(c) New Federal laws and regulations, including, but not limited
to the Subtitle D Amendments to the Resource Conservation and Recovery
Act of 1976 and 40 Code of Federal Regulations, Parts 257 and 258,
require extensive changes in operation, maintenance, and design of
landfills in the State of California.
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(d} The purpose of such laws and regulations is to prevent waste
discharges to land and to protect surface and ground waters, air
quality, and the public health and safety.
(e} Comglying with such laws and regulations will significantly
increase the costs of operating, maintaining, and designing of the
Neal Road Landfill.
(f) Gate fees chargeable at the Neal Road Landfill have been
previously established by ordinance number 3104 of this Board.
(g) Said gate fees do not currently include amounts sufficient
to recover all casts for the design, operation and maintenance of the
landfill or the costs of preparing, adopting and implementing the
county wide integrated waste management plan.
(h) A study has been conducted and data prepared indicating the
estimated costs required to design, operate, and maintain the Neap
:Road Landfill in accordance with State and Federal laws, and to
prepare, adopt and implement the county wide integrated waste
management plan, and such data and a proposed fee schedule have been
made available to the public as required by law.
(~) It is necessary to allow the operator of the Neal Road
Landfill to set the fee from time to time for clean wood waste and
yard waste, within parameters established by this Board, to accomplish
the following purposes: to encourage the disposal of such waste at
competitive rates in order to allow it to be chipped or otherwise
processed for use or sale as mulch or cogeneration fuel, or for use
as substitute cover material, in lieu of soil, all for the purpose of
diverting it from the waste stream and prolonging the life of the
landf i1 i .
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{j) A public hearing has been duly noticed and held on July 23,
1996, pursuant to the requirements of Government Code Section 66016,
to consider said data and proposed fee schedule and to receive and
consider oral and written presentations pertaining thereto.
{k) The revenues to be generated by the proposed fees do not
exceed the costs of designing, operating and maintaining the Neal Road
Landfill in accordance with State and Federal law and the costs of
preparing, adopting and implementing the county wide integrated waste
management plan, and it is desirable to impose such fees and to codify
them for ease of reference.
(1} This ordinance is enacted pursuant to Public Resources Code
Section 41901, Government Code Section 66016, Article I, Section 1
of the Butte County Charter, and Article XI, Section 7 of the
California Constitution.
'Section 2. Section 3-61 of the Butte County Code is amended to read
as follows:
"Section 3-61_._ Gate Fee Schedu_1e,_
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 MTSCELLANEOIIS REFIISE,
SOLID WASTE AND SEPTAGE DISPO8AL
PRIVATE HAULERS
Minimum charge per vehicle, up to 800 lbs.,
net weight
All other vehicles over 800 lbs., net
weight
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$s.~o
$21.25 per
ton
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Clean wood waste and yard waste (no $0 to $5.00
contaminants, litter or roofing shingles) per cubic
yard, to be
set by
Landf i 11
operator
COMMERCIAL HAULERS
All loads, including demolition and bulky items $21.25 per
(excluding tires, baling wire & stumps) ton
CLEAN FILL DIRT (no contaminants, litter, yard
waste, or demolition
CLEAN ASPHALT OR CONCRETE (no contaminants,
rebar, litter, or demolition}
CLEAN WOOD WASTE AND YARD WASTE (no
contaminants, litter, or roofing shingles)
SEPTAGE
$5.00 per tan
$5.00 per ton
$o To 20.00
per ton, to
be set by
landf i 11
operator
$14.33. per ton
B. ADDITIONAL FEES FOR ITEMS REQDIRING SPECIAL HANDLING. All
loads requiring special handling and immediate cover, such as
asbestos, or for security or other reasons, and loads containing
bulky items, stumps, or tires, are subject to the following fees
in addition to the above minimum or per ton disposal fees.
HAZARDOUS WASTES ARE NOT ACCEPTED.
SPECIAL HANDLING/IMMEDIATE COVER
All loads $45 per load
BULKY AND HARD TO HANDLE ITEMS (PRIVATE HAULERS
ONLY)
Mattresses, box springs, furniture, large
pieces of carpet, appliances, and other
bulky items
STUMPS (larger than 24" trunk diameter measured
directly above root ball)
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$5.50 per
item
$10.00 per
stump
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TIRES „~, ize]
Up to 36" O.D.
6" to 4s" o,D.
48" to 60" O.D.
Over 60 " O.D. & large loads of whole
tires total fee}
(Tires with rims will be charged
double price)
Large loads of altered tires (split,
sliced, or quartered)
$1.50 per
tire
$3.50 per
tire
$12.00 per
tire
$130.00 per
ton
$30.00 per
ton"
The fees established by this ordinance shall be effective on
September 30, 1996, and shall, on that date, supersede all previously
enacted gate fees for disposing of waste at the Neal Road Landfill.
All such previously enacted fees are repealed on said effective date,,,
including but not limited to those fees established by Ordinance 3104.'
fiction 4. Severabilitys
If any part of this ordinance shall be held void by a court of
competent jurisdiction, such part shall be deemed severable, and the
invalidity thereof shall not affect the remaining parts of this
lordinance.
Section 5. publication. This Ordinance shall be and it is hereby
declared to be in full force and effect from and after thirty (30)
days after the date of its passage, and before the expiration of
fifteen (15) days after its passage, this Ordinance shall be published
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once w~.th the names of the members of the Board of Supervisors voting
for and against it in the Chico Enterprise Record , a
newspaper published in the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the 23rd day of July ,
1996, by the following vote:
AYES: Supervisors Meyer, Dolan, Houx, Thomas and Chair McLaughlin
NOES: None
ABSENT :None
NOT VOTING: None ~_Q
~f/1
ED McLAUGHLIN, C a.r of the
Butte County Board of Supervisors
ATTEST:
JOHN S. BLACKLOCK
Off i er and Cle of the Board
By
;nealyd.ord)
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