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Ordinance No. 3301
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4 AN ORDIN ANCE AMENDING SECTION 31B-9 OF THE BUTTE COUNTY CODE, REGARDING
5 SOLID WASTE COLLECTOR PERMITS AND STANDARDS IN THE CHICO URBAN AREA
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'7 The Board of Supervisors of the County of Butte ordains as follows:
8 Section 1._ Section 31B-9 of the Butte County Cade is amended to read as
9 follows:
10 ~ - - T A
11 The following standards must be met and maintained by a solid waste
12 collector in order to acquire and maintain a valid permit pursuant to this
13 Article:
14 a. Obtain a Refuse Collection and Removal License from the County
15 of Butte and pay the fee in connection therewith to the County
16 Health Officer pursuant to Chapter 31 of this Cade when said
17 fee is due and before it is delinquent;
18 b. Pay, as a solid waste collection program administration fee,
19 the following percentage of all gross receipts from residential
2p and commercial customers in the Chico Urban Area
21 {unincorporated County area), commencing March 1, 1996:
22 (1) Small containers up to 32 gallon capacity and all
23 other pickups not included in schedules below, 3a.
24 (2) Container (1 to 3 yard capacity), 20.
25 {3} Drop box (Any container in excess of 3 yard
26 capacity}, 10.
27 c. Collect solid waste from residential and commercial customers
28 as per agreement with each such customer and lawfully dispose
1 of such waste;
2 d. Provide to all residential customers an optional curbside
3 recycling program to allow for the collection of recyclable
4 solid waste, and divert-from the waste stream all recyclable
5 solid waste collected by it under such program so that such
6 waste will be separated, recycled, used, sold or disposed of in
7 some lawful manner other than by disposing of it at the Neal
8 Road Landfill;
9 e. Charge all residential customers no less than the minimum and
10 no mare than the maximum fee charged far comparable solid waste
11 and recycling services within the City of Chico;
12 f. Submit for approval to the Butte County Solid Waste Manager and
13 the Chico City Manager any notice or form regarding solid waste
1~ or recyclable solid waste collection services which a permittee
15 intends to send or otherwise give to customers. All such
16 notice forms shall be submitted to the said managers no later
17 than fourteen (14) days prior to the date such notice form is
18 to be sent or otherwise provided to customers. Failure of said
19 managers to respond to the submitted notice form within seven
20 (7) days shall constitute their approval of the form.
21 Provided, however, that bills sent to customers in the regular
22 course of business for services rendered and/or a notice of
23 termination of services by reason of the non-payment of such
24 bills shall be exempt from the approval process required
25 pursuant to this subsection.
26 g. Submit an annual statement to the Butte County Solid Waste
27 Manager and to the City of Chico Finance Director in a form
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1 agreed upon and prescribed by them and containing all financial
2 information relating to a permittee's prior year of operations
3 in the Chico Urban Area. Said statements shall be prepared by
4 an independent public accountant or certified public accountant
5 licensed under the laws of the State of California and shall be
6 submitted not later than ninety (90) days after the end of each
7 permittee's fiscal year. In order to verify such statements,
8 the Butte County Solid Waste Manager and the Chico Finance
g Director shall have the right to audit the accounts and other
10 related financial records of each permittee.
11 h. Maintain at all times a current list of residential and
12 commercial customer names, addresses, and collection schedules,
13 which shall be made available to the Butte County Solid Waste
14 Manager and to the City of Chico Finance Director upon request,
15 for the purpose of audit. Such lists shall be available far
16 audit at any time during the business day. Failure to comply
17 with this section will be grounds for revocation of the permit.
18 i. Submit a quarterly report to the Butte County Solid Waste
1g Manager and to the Chico City Manager in a farm agreed upon and
20 prescribed by them setting forth such information on the
21 permittee's recycling operations in the Chico Urban Area as may
22 be determined by them to be necessary to evaluate the
23 permittee's recycling operations to determine the volume and
24 type of solid waste which has been diverted from the waste
25 stream. Said report shall be submitted no later than thirty
26 (30} days after the end of each quarter.
27 j. Not allow any solid waste or recyclable solid waste to spill,
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1 drop, fall or remain on the ground or surface in or upon any
2 public street, alley, way or place.
3 k. Maintain a business office within the Chico Urban Area open to
4 the general public during the hours of 8 a.m. to 5 p.m. Monday
5 through Friday, holidays excepted, which is staffed with at
G least one employee to respond to customer questions and
7 complaints submitted either in person or by telephone.
8 However, in lieu of maintaining a business office open to
g members of the general public, the permittee may place in
lp operation a telephone answering machine capable of recording
11 customer questions and complaints during the hours of 8 a.m. to
12 5 p.m., Monday through Friday, holidays excepted, provided such
13 recorded questions and complaints are responded to not later
14 than the end of business hours on the business day next
15 following the day such question or complaint was recorded.
15 1. Offer its customers no less than two free solid waste
17 collection events each year which shall be of a type and shall
18 be conducted in a manner which has been approved in advance by
lg the Butte County Solid Waste Manager and the Chico City
20 Manager.
21 m. Hold a valid, current, City of Chico solid waste collector
22 permit.
23 Se a i
24 Tf any provision of this Ordinance or the application thereof to any
25 person or circumstances is for any reason held to be invalid by a court
26 of competent jurisdiction, such provision shall be deemed severable and
27 the invalidity thereof shall not affect the remaining provisions or
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1 applications of the Ordinance which can be given effect without the
2 invalid provision ar application thereof.
3 ~.ection~ F.ffc~r_tive Date and Publication ._ This Ordinance sha11
4 take effect thirty (3 D) days after the date of its passage. The Cierk of.
5 the Board of Supervisors is authorized and directed to publish this
6 ordinance before the expiration of fifteen (15) days after its passage.
7 This Ordinance shall be published once, with the names of the members of
8 the Board of Supervisors voting for and against it, in the Chico
g Enterprise Record a newspaper of general circulation published in tha
10 County of Butte, State of California.
11 PASSED AND ADOPTED by the Board of Supervisors of the County of
12 Butte, State of California, on the 10th day of December , .1996 r
13 by the following vote:
14 AYES: Supervisors Meyer, Dolan, Houx, Thomas and Chair McLaughlin
15 NOES : None
16 ABSENT: None
17 NOT VOTING: None
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18
Chair of the Bu e County
19 Board of Superv sacs
ATTEST:
20
JOHN S. BLACKLOCK
21 Officer and C1 of the Board
22 By
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