HomeMy WebLinkAbout33361
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Ordinance No . 3336
AN ORDINANCE REGARDING SOLID WASTE COLLECTION, MANAGEMENT, AND
RECYCLING
The Board of Supervisors of the County of Butte ordains ash
follows:
Section~._ Chapter 31 of the Butte County Code, entitled "Refuse
Collection and Removal" is repealed.
Section2_._ Anew Chapter 31 is enacted and added to the Butte County
Code to read as follows:
"Chapter 31
Solid Waste Collection, Management and Recycling
Article I
General Provisions
!,Section 31-1. Title cad Citation. This Chapter shall be known and
may be cited as the "Butte County Solid Waste Collection, Management
and Recycling Ordinance." .
Section 31-2. Findings. The Board of Supervisors of Butte County
finds that it is necessary, in order to preserve the environment and
protect the health and safety and quality of life of the residents of
Butte County, to provide for an efficient solid waste management
system which includes collection of solid waste and recyclable
materials. The Board also finds it is necessary to assure that all
generators of solid waste and recyclable materials within the county
are included in said collection system. It is further found that a
stable revenue source is necessary to provide solid waste management
and recycling services as required by Federal and State mandates.
Section 31-3. Purpose. Pursuant to Public Resources Code Sections
40000 et seq. and 14 California Code of Regulations 25827 and 25828,
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this Chapter is adopted to provide for a solid waste and recyclable
materials collection system which shall preserve the health and safety
and provide for a stable revenue source with which the County of Butte
may provide adequate management of solid waste.
Section 31-~. Etfeat of Chapter is Chico IIrban Area. It is the
intent of the Berard of Supervisors that Chapters 31 and 31B shall be
interpreted and applied in a manner giving effect to all provisions
in both chapters. The provisions of this Chapter 31 and Chapter 31B
shall apgly in the Chico Urban Area, as defined in Section 31B-3(a);
however, if there is a conflict between any provision in this Chapter
31. and any provision in Chapter 31B, and the provisions cannot be
interpreted in a manner which gives effect to both in a way which is
consistent with the purposes of both chapters, then the provision in
Chapter 31B shall prevail.
Seation 31-5. Iaterjurisdictioaal Agreements. The Board of
Supervisors recognizes the desirability of entering into agreements
with other incorporated municipal jurisdictions within the County to
more fully accomplish the purposes of this Chapter.
Article II
Definitions
8®ation 31-iG. (3en®ral rules for interpretation. Unless the context
otherwise requires, the following definitions shall be used in the
interpretation and construction of this Chapter and words used in the
present tense shall include the future; the word "used" shall include
arranged, designed, constructed, altered, converted, rented, leased
or intended to be used, and the word "shall" is mandatory and not
directory. Whenever reference is made to any portion of this Chapter
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or any other ordinance or law, the reference shall apply to all
amendments and additions now or hereafter made.
Ssation 31-11.1. "Agriaulturai Solid Wastes" means wastes resulting
from the production and processing of farm or agricultural products,
including but not limited to manures, prunings, and crop residues
wherever produced.
Ssation 31-11,2. "Apartment, condominium, townhouse complex or
mobile home park° means those complexes or parks which contain three
(3) or more dwelling units.
Section 31-11.3. "Bin" means a rubbish container possessing a lid,
the top of which shall not exceed seventy-two (72) inches in height
from the surface of the ground at grade level, and having a capacity
of at least one(1) cubic yard but not more than eight(8} cubic yards.
Ssation 31-11.4. "Bulky wastes" means large items of solid waste
such as appliances, furniture, trees, branches, stumps and other
oversize wastes whose large size precludes or complicates their!,
handling by normal collection, processing or disposal methods.
Ssation 31-11.5. "Buy-back recycling center" means a facility that
pays a fee for the delivery and transfer of ownership to the facility
of source separated materials, for the purpose of recycling or
composting.
Section 31-11.6. "Board" means the Butte County Board of
Supervisors.
Ssation 31-11.7. "Clean-up event" means the collection of solid waste
from County road-sides or communities in the unincorporated areas of
the County by solid waste collectors, their employees, agents, and/or
volunteers, at no expense to County or to residential customers.
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8eatioa 31-11.8. "Collection bag" means a closeable bag, not
greater in capacity than thirty-two (32) gallons, designed to contain
solid waste, vegetative waste or recyclable materials for collection.
Boatioa 31-11.9. "Collection Vehicle" or "Equipment" means any
vehicle or equipment used in the collection of solid waste and
recyclable materials.
8oatioa 31-11.10. "Commercial customer" means any person who produces
commercial solid waste using a can, bin or drop box far accumulation
thereof .
section 31-11.11. "Commercial solid waste" means all types of solid
wastes generated by stores, business offices, commercial warehouses,
non-profit organizations, multi--family residential complexes,
government offices, schools and other commercial sources, excluding
residences with less than three dwelling units, and excluding
industrial wastes.
8sction 31-11.12. "Commercial service" means solid waste and
recyclable materials collection service provided by a licensee under
,this Chapter to any person producing commercial solid waste.
Section 31-11.13. "Composting" means a controlled microbial
degradation of non-putrescible organic waste yielding a safe and
nuisance free product.
Section 31-11.1~l. "Construction and Demolition wastes" means the
waste building materials, packaging and rubble resulting from
construction, remodeling, repair and demolition operations on
pavements, houses, commercial buildings, and other structures.
Section 31-11.15. °County" means the County of Butte, a political
subdivision of the State of California.
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Seatioa 3i-ii.i6. "Debris bog" or "drop bog" or "roll-off means a
solid waste container with a capacity of at least ten(10) cubic yards.
Section 31-ii.i7. "Director" means the County Director of Public
Works.
Section 31-11.18. "Disposal" means the final disposition of solid
wastes into a sanitary landfill or other legal disposal location.
Section 31-11.19. "Drop-off recycling center" means a location or
facility which accepts delivery or transfer of ownership of source,
separated materials for the purpose of recycling or composting,
without payment of a fee.
8eotion 31-1i.2G. "End market" or "end-use" means the use or uses for
'a diverted material or product which has been returned to the economic
mainstream, whether or not this return is through the sale of the
material or product. The material or product can have a value which
is less than the solid waste disposal cost.
8aetion 31-11.21. "Flow control" means the designation of waste or
direction of materials flow to receiving, recycling, solid waste or
transfer facilities as directed by County or its incorporated Cities
or Town.
Section 31-11.22. "Garbage" means all kitchen and table food waste,
waste containers, and animal or vegetable waste that attends or
results from the storage, preparation, cooking ar handling of food
I stuffs.
Section 31-11.23. "Hazardous waste" means either of the following:
(A) A waste, or combination of wastes, which because of its
quantity, concentration, or physical, chemical, or
infectious characteristics may either:
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(1) Cause, or significantly contribute to an increase in
mortality or an increase in serious irreversible, or
incapacitating reversible, illness.
{2) Pose a substantial present or potential hazard to
human health or environment when improperly treated,
stored, transported, disposed of, or otherwise
managed.
(B} A waste which meets any of the criteria for the
identification of a hazardous waste adopted pursuant to
Section 25141 of the Health and Safety Code.
(1) Hazardous waste includes, but is not limited to,'
hazardous waste, as defined in the Federal Resource
Conservation and Recovery Act.
(2) Unless expressly provided otherwise, the term
"hazardous waste" shall be understood to also include
extremely hazardous waste and acutely hazardous waste.
8eation 31-11.24. "Household Hazardous Waste (HHW)" means any
hazardous waste generated incidental to owning, residing in, and/or
maintaining a place of residence. Household hazardous waste does not
include any waste generated in the course of operating a business at
a residence.
Section 31-11.25. "Household Hazardous Waste .Collection" means a
program activity in which HHW is brought to a designated collection
point or facility where the HHW is separated and packaged for
temporary storage.
Section 31-11.26. "Household Hazardous Waste Collection Facility"
means all contiguous land and structures, other appurtenances, and
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improvements on the land used for the collection, treatment, transfer,
storage, resource recovery, disposal, or recycling of hazardous waste.
A HHW collection facility may consist of one or more treatment,
transfer, storage, resource recovery, disposal, or recycling hazardous
waste management units, ar combinations of these units.
SQation 31-11.27. "Industrial wastes" means all types of solid
wastes and semi-solid wastes which result from industrial processes)
and manufacturing operations, except hazardous waste.
Section 31-11.28. "Inert wastes" means wastes which contain no
decomposable wastes and no soluble pollutants, including but not
limited to rock, earth, construction rubble, asphalt and concrete
chunks, as approved by the Solid Waste Manager ar Local Enforcement
Agency.
Section 31-11.29. "Institutional Solid wastes" means solid wastes
originating from educational, health care, correctional, research
facilities or other similar facilities, except hazardous waste.
Section 31-11.30. "Landfill" means a permitted management facility
at which solid wastes and municipal solid wastes are buried.
Section 31-11.31. "Litter" means all improperly discarded waste
material, including but not limited to, convenience food, beverage,
and other product packages or containers constructed of steel,
aluminum, glass, paper, plastic, and other natural and synthetic
materials, deposited on the lands and in waters of the state, but not
including the properly discarded waste of the primary processing of
agriculture, mining, logging, saw milling, ar manufacturing.
Section 31-11.32. "Local Enforcement Agency (LEA)" means the
Environmental Health Division of the County's Health Department, which
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is hereby designated as such by the Board of Supervisors pursuant to
Public Resources Code Section 43202.
Section 31-11.33. "Local Task Force" means members of the Butte
County Integrated Waste Management Local Task Force.
suction 31-11.34. "Multi-family Residential Complag" means complexes
with three (3} or more residential dwelling units including but not
limited to apartments, condominiums, triplexes, four-plexes, or mobile
home parks which are located on a single parcel.
Section 31-11,35. "Non-recyclable wastes" means that portion of the
solid waste stream which has no market value because of its physical
or chemical characteristics or properties.
8oation 31-11.36. "open Burning" means the burning of any material
under such conditions that the products of combustion are emitted
directly into the atmosphere.
Section 31-11.37. "owner" means the persons} having title to the
premises of residential or commercial ,properties and/or dwellings that
are leased or occupied.
Section 31-11.38. "Performance Standards" means the minimum levels
of basic services required for Licensees to provide for solid waste
collection and hauling services within the County.
Saetioa 31-11.34. "Elastic" means the recyclable plastic components
of the waste stream including, but not limited to, polyethylene
terephthalate {PET}, film plastics, and high density polyethylene
{HDPE}.
Section 31-11.40. "Putrescible~Wastes" are wastes that are capable
of being decomposed by micro-organisms with sufficient rapidity as to
cause nuisances because of odors, gases, or other offensive
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conditions, and includes materials such as food wastes, offal, and dead
animals.
Section 31-11.41. "Recyclable materials" means those materials that
are normally part of the solid waste stream which have market value
and can be segregated from non-recyclable waste and recycled and/or~
composted.
Soation 31-11.42. "Recycling" means the process by which salvaged
materials become usable products.
Section 31-11.43. "Recycling container" means a container which is
provided by or acceptable to a licensee for the sole purpose of
containing recyclable materials that are source separated from the
non-recyclable portion of the waste stream.
Section 31-11.44. "Refuse" includes garbage and rubbish.
Section 31-11.45. "Residential service" means solid waste and
recyclable material collection service for single family residences,
Itwo family residences (duplexes}, or trailers, as provided by a
licensee under this Chapter.
Section 31.1.46. "Residential waste" means all types of solid waste
which originate in residential dwellings.
8eation 31-11.47. "Rubbish" includes non-putrescible solid wastes
such as ashes, paper, cardboard, tin cans, yard clippings., wood,
glass, bedding, crockery, plastics, rubber by-products, or litter.
Section 31-11.48. "Salvaging" means the controlled removal of waste
material from the solid waste stream for utilization.
Soation 31-11.49. "Solid Waste" means all putrescible and non-
putrescible solid and semisolid and liquid wastes, including garbage,
yard waste, trash, refuse, paper, rubbish, ashes, industrial wastes,
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demolition and construction wastes, abandoned vehicles and parts
thereof, discarded home and industrial appliances, dewatered, treated,
or chemically fixed sewage sludge which is not hazardous waste,
manure, vegetable or animal solid and semisolid wastes, and other
discarded solid and semisolid wastes.
sectioa 31-11.50. "Solid Waste Searing Panel" (BWHP} means a hearing
panel established by the Butte County Board of Supervisors pursuant
to Butte County Code Chapter 31A.
Section 31-11.51. "Solid Waste Collector", "Collector", or "Licensee"
means any business or company licensed through the Butte County
Division of Environmental Health to collect, transport, or dispose of
residential, commercial, or institutional wastes and recyclable
'materials within the County of Butte.
Seation 31-11.52. "Solid Waste Manager" or "8WM° means the county
official or employee given specified administrative responsibility
under this Chapter.
Seation 31-11.53. "Source separation" means the segregation, by the
waste generator, of materials designated for separate collection far
some form of materials recovery, recycling, or special handling.
Section 31-11.54. "Street Refuse" means materials picked up by'
manual or mechanical sweeping of alleys, streets, or side walks,
litter from public litter receptacles, and material removed from storm
drain systems.
Seation 31-11.55. "Variable can rate" means disposal rates
structured to reflect increases in costs for additional. disposal
containers.
Seation 31-11.56. "Waste collection aad recycling plan" means the
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plan submitted by a prospective licensee that def Ines how recyclable
materials will be managed and accounted for.
8aatioa 31-11.57, "Waste container" or "waste can" means a sealable
or closeable container, acceptable to the licensee, in which
residential. solid waste is deposited. This does not include a
container in which recyclable materials are placed.
8aation 31-11.58. "White Goods" or "Major Appliances" means any
domestic or commercial appliance including but' not limited to a
washing machine, clothes dryer, hot water heater, dehumidifier,
conventional oven, microwave oven, stove, refrigerator, freezer, air-
conditioner, trash compactor, and residential furnace.
Article III
License Requirements and Procedures
Section 31-20. License Required. Except as otherwise provided in
this Chapter, it shall be unlawful for any person, except a persona
holding a valid license from the County and complying with all the'
provisions of this Chapter, to do any of the following:
(A} Collect, stare, transport or dispose of any solid waste in
the County; or
(B} Remove any solid waste container from the place where the
same is placed by the owner or the keeper thereof or to
remove the contents,
~8ectian 31-21. License Exemptions. The licensing provisions of,this
Chapter do not apply to the following persons.
(A) A person engaged i~ a recycling business who charges no fee
for the collection of source separated recyclable material;
Dr
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(B} A person engaged in a rendering business; or
{C) A person who removes his/her own solid waste to an approved
sanitary landfill; or
(D) A person who collects vegetable matter or food waste,
without charge, for use as animal food; or
(E) A person who operates a Lawful business having leavings,
waste material or refuse residue which is collected,
transported _and disposed of in the natural course of the
business, including, but not limited to, gardeners, tree
trimmers, street cleaners, construction or demolition
contractors.
section 31-22.1. Application.
(A) An application for a license to collect both solid waste and
recyclable materials shall be submitted to the LEA upon the form
'provided by the LEA. It shall be unlawful to knowingly submit false
information as a part of the application.
(B} The application form sha11 include the following information:
{1) Name, home address, and business address of all
owners; and
(2) An identification of trade name(s) or company name{s)
under which the applicant intends to conduct business.
If multiple trade or company names will be used, a
description of each business entity must be included;
and
(3) Address{es) or location(s) where all trucks and
operating equipment will be kept and the zone
classification of the location(s); and
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(4) A complete description of all trucks and equipment
that the applicant owns or has under his/her control,
or proposes to acquire, for the purpose of collecting,
transporting and/or processing solid wastes and
recyclable materials.
{C) A complete application package for a new license shall
consist of the following:
(1) A completed application form; and
(2} Proof of insurance and bonding as described in Sections 31-
30 and 31-31; and
(3) A Waste Collection and Recycling Plan; and
{4} Required license fee for one year of operation.
Section 31-22.2. Waste Collection and Recycling Plan. Applicants
for a license to collect solid waste 'and recyclable materials must
prepare and submit a Waste Collection and Recycling Plan as part of
their license application. The~Waste Collection and Recycling Plan
shall include the following components:
(A) if the applicant is currently a licensee and is applying
for a renewal of the license, a description of the existing',,
services provided by the licensee, including the current
number of residential and commercial services accounts, is
required. Anew applicant not currently a licensee shall
provide an estimate of the number of residential and
commercial services accounts which will be provided service
if the application is approved.
{B} All plans shall include a description of the free cleanup
events which the applicant proposes to conduct within the
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applicants area of service.
(C) A recycling plan for residential and commercial-customers
served by the applicant shall be developed. The plan shall
include, but not be limited to, the following:
(1} A description of the means of source separation,
collection and marketing of newspaper and cardboard,
aluminum cans, recyclable metal, glass, and plastics;
and
(2) A description of commercial services and the proposed
means for separation, collection and marketing of
newspaper and cardboard, office paper, construction
and demolition debris, wood wastes, and inert
material; and
(3) Description of all action to be taken in the event
feasible markets for recyclable materials are not
available; and
(4} Description of the record keeping system to be used by
the applicant. The system must maintain separate
records for solid waste collection services,
recyclable materials collection and handling services,
including the amounts of materials processed.
(D) All plans shall include the hours of operation, number of
employees, and number and types of collection vehicles.
Ssation 31-22.3. investigation of Applicant. The County Sheriff's
Department will conduct an investigation of the applicant. The
applicant shall be finger-printed, and, if the applicant has been
convicted of a felony or any crime involving moral turpitude within
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the last ten (10} years, the license shall be denied.
Section 31-22.4. Application Review. Complete license application
packages shall be reviewed by the LEA and the Butte County Solid Waste
Manager (SWM} or his/her designee. Any changes to the application
package shall be submitted in writing to the LEA no less than fourteen
(14)days prior to the proposed change being implemented. Upon
submission of a complete license application package the LEA and SWM
shall have thirty (30) days to accept or reject the application.
Rejected applicants shall be notified in writing and may appeal the
rejection to the Butte County Solid Waste Hearing Panel (SWHP} by
submitting a written request far hearing to the LEA within fourteen
(14) days of the mailing of the notice of rejection.
8sctioa 31-22.5. License Appeal Heariaq. The LEA shall set a hearing
not more than fifteen (15) days following receipt of an appeal and
shall give written notice of the time, date and place of hearing to
the applicant or licensee. The hearing shall be held by the SWHP
within thirty (30) days of receipt of the appeal. At the hearing the
applicant or licensee shall have the burden of proof to show facts
that the public health, safety, welfare, convenience and necessity
require the approval of the license application. The applicant or
licensee also shall have the burden to show it owns or controls
sufficient equipment and facilities to meet the requirements of this
Chapter and to serve adequately the collection service area. The
SWHP may adjourn said hearing from time to time. The SWHP shall issue
its decision within fifteen (15} days after the close of the hearing.
Section 31-23. License Nontransferable. No license shall be
II transferred .
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8eation 31-24.1. License Review. A review will be conducted during
the license renewal process by the LEA to determine if the licensee
is in compliance with the terms and conditions of this Chapter and is
operating in compliance with the Waste Collection and Recycling Plan.
The LEA may request that the licensee supply information to support
the review process. If information is requested, the licensee must
respond to the request within thirty (30) days of the date the request
was mailed or delivered. If the LEA determines that the licensee is
operating in compliance with the terms of this Chapter and the
approved Waste Collection and Recycling Plan, the license will be
renewed. If upon completion of a license review it is determined by
the LEA that the licensee is not operating in compliance with the
terms and conditions of this Chapter or the approved Waste Collection
and Recycling Plan, the LEA will notify the licensee, in writing, of
the areas of non-compliance. The licensee will then have thirty (30)'
days from the date the notice was mailed or delivered to correct the
'non-compliance items. If it is determined by the LEA that the
licensee has failed to correct non-compliance items that were
identified, the license may be suspended in accordance with Paragraph
131-24.2.
Seatioa 31-24.2. License Suspension.
(a) The LEA shall make appropriate investigations to determine:
if a licensee has violated this Chapter, any rules or
regulations adopted thereunder, or State or Federal law; or
if the licensee misrepresented a material statement of
facts in the application far a License; or if other good
cause exists due to adverse impacts on the public health,
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safety or welfare. If, in the opinion of the LEA, there is
sufficient evidence to constitute such a violation or
cause, the LEA shall give the licensee written notice of
the alleged violation or cause, the measures that are to be
taken to correct the violation or cause, and the time in
which the corrective measures must be completed. If the
licensee is unable or refuses to correct the violation or
cause as ordered by the LEA, the LEA shall forthwith give
written notice directing the licensee to appear before the
SWHP at a stated time~and place and show cause why the
license should not be suspended or revoked.
{b) At the time fixed in said notice, the SWHP shall hear the
testimony of the LEA, the licensee, and other interested
persons who may be present and desire to testify concerning
the alleged violation or cause and any other matter which
the SWHP deems pertinent. Upon conclusion of said hearing,
the SWHP may dismiss the hearing, or the SWHP may suspend,
modify, or revoke a license upon finding:
{1} That the licensee violated any of the provisions of
this Chapter, any rules or regulations adopted
thereunder, or State or Federal law; or
(2) That the licensee misrepresented material statements
of facts in the application for a license; or
(3) That good cause exists due to adverse effects on the
public health, safety or welfare.
The SWHP shall give written notice to the licensee of its'.
findings and its orders pursuant to this Section.
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(c) In lieu of the immediate revocation of a license, the SWHP
may order compliance and make revocation contingent upon
failure to comply with the order within a time stated in
said order.
Soation 31-24.3. License Revocation. The SWHP may, following a public
hearing, revoke the license issued pursuant to this Article to any
solid waste collector, if said solid waste collector is found to have
operated or to be operating in violation of the performance standards
specified in Section 31-35 or of other provisions of this Chapter or
of the collector's license provisions.
Notice of such hearing shall be served on such solid waste collector
by certified mail, return receipt requested, addressed to such solid
waste collector's last known address, at least ten (10) days prior to
the date of the hearing. Said notice, in addition to setting forth',
the time and date of the hearing shall specify the grounds upon which
revocation will be considered and shall include a statement of such
'.,solid waste collectors right to appear and be heard at the hearing.
Upon revocation of a license the following procedure shall be
followed:
(A} The LEA shall send a registered letter to the solid waste
collector containing notification of license revocation.
(B) The solid waste collector whose license has been revoked
shall not collect solid waste or otherwise perform the
duties and business of a solid waste collector within the
County after a period of thirty (30) days following the
date of revocation.
(C} The solid waste collector shall notify all customers of
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revocation within a period of fifteen (15} days fallowing
the date of said revocation. If the solid waste collector
fails to give such notice, the LEA shall notify said
customers at the sole expense of the solid waste collector
and recoverable from the indemnity bond or other security
device submitted to the County pursuant to Section 31-31,
Such notification by the LEA may be by means of the
publication of a display advertisement of at least one-
quarter of a page in a newspaper of general circulation
within the affected area.
(D) The solid waste collector shall notify the SWM and the LEA
upon the completion of customer notification pursuant to
this section.
Section 31-24.4. Monetary Penalty is Lieu of License Revocation. If
the SWHP, after convening a hearing on the proposed revocation of the
license issued to a solid waste collector pursuant to this Article
'determines that such solid waste collector, although having violated
the provisions of this Article, has nevertheless corrected such:
violation subsequent to the date the solid waste collector was served
with a notice of such hearing, the SWHP may, in lieu of revoking the
permit, assess a monetary penalty against the solid waste collector.
Such penalty may be in the amount of $500 or an amount equal to the
costs and expenses incurred by the County for the staff time committed
to the revocation proceedings and preparation for such hearing,
whichever amount is greater.
All such monetary penalties assessed by the SWHP shall be due and
payable no later than the thirteenth (13th) day following the date of
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such hearing. Failure to pay such sum within such time shall be
further grounds for the revocation of the license issued to the solid
waste collector against whom such penalty was assessed.
eeation 31-25. Liaense Fees. License fees shall be set by the Board
of Supervisors and shall cover the period from January 1 to December
31 of each calendar year. Fees shall not be prorated for partial
years.
The license and vehicle inspection fees shall be as provided for in
Chapter 43 of the Butte County Code. In addition, the Board may, by
resolution or ordinance, assess license fees based upon the total
annual tonnage of solid waste delivered by the licensee for burial in
the Neal Road Landfill or other legally approved locations}. Nothing
'in Chapter 43 of the Butte County Code or in this Chapter shall
prohibit the county from assessing and collecting additional fees for
the licenses issued hereunder.
Ssation 31-26. Liaense Expiration. Notwithstanding Sections 31-24.1
and 31-2~.2 of this Chapter, all licenses shall be issued far a period
of one year commencing the first day of January and shall be renewed
pursuant to Section 31-27.
Section 31-27. License Renewal. Solid Waste Collector licenses shall
be renewed annually. All annual renewal application packets shall be
~ submitted to the LEA on or before the tenth (10th) business day in
January of each year. Penalties for late payment of annual fees shall
be assessed at the following rates: fees received between the
fifteenth {15th) and thirty-first {31st) of each January s a incur
a penalty equal to fifty (50) percent of the current license fee.
Those applicants paying fees between February first (1) and the last
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business day of February shall be assessed a 100 penalty fee. Those
licensees failing to pay all required fees and penalty fees, and
failing to submit a completed annual renewal application package by
the last business day of February shall be placed on forty-five (45)
day maximum probation pending a hearing conducted by the SWHP. At
said hearing, the SWHP will decide if the licensee's license shall be
renewed. Late renewal fees for annually billed services shall be
charged in accord with Sections 43-2 and 43-3 of the Butte County
Code. Failure to pay required fees may result in license suspension
in accord with Section 31=24.2 or non-issuance.
Article IV
Solid Waata Collector Licensee Requirements
Saation 31-30. Insurance requirements. Solid waste collector
licensees shall procure, and maintain for the duration of their
license, insurance against claims for injuries to persons or damages
to property which may arise from or in connection with the performance
of the work hereunder by the licensee, and the licensee's agents,
representatives, employees and subcontractors.
A. Minimum Limits of Insurance
The licensee shall maintain limits no less than:
1. General Liability: $1,000,000 combined single limit
per occurrence for bodily injury, personal injury and
property damage.
2. Automobile Liability: $1,000,000 combined single limit
per accident for bodily injury and property damage.
3. Workers' Compensation and Employers Liability:
Workers' compensation and Employer's Liability
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coverage limits as required by the Labor Code of the
State of California.
B. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to
and approved by the County. At the option of the County,
either: the insurer shall reduce or eliminate such deductibles
or self-insured retentions as respects the County, its officers,
officials, employees and volunteers; or the Licensee shall
procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
C. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the
following provisions:
1. General Liability ana Automobile Liability averaggg
a. The County, its officers, officials, employees
and volunteers shall be covered as insured as
respects: liability arising out of activities
performed by or on behalf of the Licensee,
including the insured's general supervision of
the Licensee; products and completed operations
of the Licensee; premises owned, leased, hired or
borrowed by the Licensee. The coverage shall
contain no special limitations on the scope of
protection afforded to the County, its officers,
officials, employees or volunteers.
b. The Licensee's insurance coverage shall be
primary insurance as respects the County; its
officers, officials, employees and volunteers.
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Any insurance or self-insurance maintained by the
County, its officers, officials, employees or
volunteers shall be excess of the Licensee's
insurance and shall not contribute with it.
c, Any failure to comply with reporting provisions
of the policies shall not affect coverage
provided to the County, its officers, officials,
employees or volunteers.
d. The Licensee's insurance shall apply separately
to each insured against whom claim is made ar
suit is brought, except with respect to the
limits of the insurer's liability.
2.
Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be.
suspended, voided, canceled by either party, reduced'
in coverage or in limits except after thirty (30)
days' prior written notice has been given to the
County by certified mail, return receipt requested.
D. Acceptability of Insurers
Insurance is to be placed with insurers licensed to conduct
business in the State of California and who have a Best's
rating of no less than B: VII. If the insurer is not licensed
to conduct business in the State of California, the insurer
shall have a Best's rating o no ess an A:
E. Verification of Coverage
Licensee shall furnish the LEA with certificates of insurance
and with original endorsements affecting coverage required by
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this clause. The certificates and endorsements for each
insurance policy are to be signed by a person authorized by that
insurer to bind coverage on it's behalf. All certificates and
endorsements are to be received and approved by the LEA before
a license is granted. The LEA reserves the right to require
complete, certified copies of all required insurance policies,
at any time.
F. Subcontractors
Licensees shall include all. subcontractors as insured under its
policies or require all subcontractors to be insured under their
own policies and to furnish LEA separate certificates and
endorsements. All coverages for subcontractors shall be subject
to all the requirements stated herein.
8eetioa 31-31. Indemnity bond. The licensee shall submit and
indemnity bond or some other security device acceptable to the County
in the amount of ten thousand ($10,000}, which bond or security device
shall be for the benefit of the public to assure compliance with this
Chapter as well as performance of services that have been collected
for. Indemnity bonds submitted in order to comply with the provisions
of this section shall be maintained by the licensee during the entire
period that the License is in force and shall contain a provision that
the band will not be canceled without thirty (30) day's written notice
to the LEA. Upon cancellation of said bond, the license shall
automatically terminate; provided, however, that the former licensee
thereafter may apply for a new license in full compliance with aTT the
provisions of this Chapter if he desires to secure a new license.
Saation 31-32 Iademnification and Hold Harmless. The licensee shall
indemnify and hold harmless the County, its officers, agents and
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employees, for and from any and all loss, liability, claim, demand,
action or suit, of any and every-kind and description, arising ar
resulting from or in any way connected with any operations of licensee
or its sub-contractors in exercising any privilege granted to it by
the license or by any ordinance of the county, or arising or resulting
from the failure of licensee or its sub-contractors to comply in all
respects with the provisions and requirements of the license, of all
applicable ordinances of the county and of all other applicable laws.
Licensees shall, upon demand of the County and at its sole cost and
expense, defend and provide attorneys to defend County, its officers,
agents and employees against any and all claims, actions or suits
brought against the County, its officers, agents and employees,
arising or resulting from or any way connected with the above
mentioned operations of licensee or its sub-contractors or its sub-
contractor's failure to comply with the contract and with the
ordinances and laws hereinabove mentioned. If the County is required
to provide its own defense against any such action or suit, licensee
will reimburse the County for all attorney's fees and other costs
incurred by the County.
Section 31-33. Recovery of incurred costs. Tn order to guarantee the
faithful performance by the licensee of the terms of this license as
defined in this Chapter, the licensee agrees that the LEA or SWM may
contract for the performance of any corrective work necessitated by
the failure of the licensee to comply with any terms of this Chapter.
The licensee shall reimburse the County for all costs incurred by e
County in the performance of such corrective work and for all costs
incurred in convening the Solid Waste Hearing Panel. If licensee
fails to pay all such costs incurred by County, such costs shall be
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payable out of the indemnity bond.
Section 31-34. Hsirs, successors, eta. The terms, covenants and
conditions of the license shall apply to and shall bind the heirs,
successors, executors, administrators, assigns and sub-contractors of
the licensee.
8sati~oa 31-35. Performaaos Standards. The solid waste collector
licensee shall comply with the following minimum performance standards
as a condition of obtaining or renewing a solid waste collection
license.
A, Waste Collection and Recycling Plan
Solid waste collectors shall prepare a Waste Collection and
Recycling Plan depicting how a minimum of fifteen percent (15~}
waste diversion goal will be met with the licensee's recycling
programs. Minimum waste diversion goals shall be reviewed
annually by the Board of Supervisors and may be changed by thel
Board.
Waste diversion progress will be determined by applying the
following formulas:
1. Total Waste Generation = Waste Disposed (tons) +
Material Recycled (tons)
2. Waste Diversion Percentage-
Total Waste Generated(tons)
B. Reporting.
Solid waste collectors shall prepare and submit quarterly
Recycling Reports, on a form approved by the County SWM.
G. Community Service Requirements.
Licensees shall provide a minimum of two (2) free cleanup events
annually, which shall be of a type and shall be conducted in a
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manner which has been approved by the County SWM and the LEA.
Licensees shall contribute a minimum of. ten (10} tons of free
disposal at the Neal Road Landfill per year for such cleanup
events. The solid waste collector is responsible to provide all
labor for cleanup events. The licensee shall provide
documentation to the SWM of the times, locations and types of
materials recovered..
Licensee shall indicate in its' Waste Collection and Recycling
Plan the times, locations, and dates of proposed cleanup events.
D. Collection Requirements.
The licensee shall conform with its approved Waste Collection
and Recycling Plan, including the following conditions:
1. Except as provided in subdivision 2, every licensee
shall provide not less than one regular weekly
collection of solid wastes to all residential
customers and, unless otherwise ordered. by the
Director, not less than one regular weekly collection
of solid wastes to all commercial customers,
Licensees have the ability to offer variable can
collection rates to customers who generate small
volumes of solid waste.
2. Non-putrescible materials which have been segregated
from other wastes for the purpose. of recycling and
which have been properly stored or contained, may be
collected less frequently than weekly, as agreed to by'
the licensee and commercial customer.
3. No licensee shall collect solid wastes or recyclable
materials within 5flfl feet of an area zoned for
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residential use earlier than 5:30 a.m. nor later than
8:00 p.m., or on Sundays, except in emergencies or
with the approval of the LEA.
E. Collection Equipment Standards.
1. Recycling bins may be either open or closed containers.
Open containers shall not become a public nuisance, as
determined by the LEA, and shall be of a proper size to
accommodate seven (7) days accumulation of recyclable
materials.
2. Equipment belonging to a licensed solid waste collector
and distributed to customers by said collector shall be
removed from the customer's property within seven (7) days
of a request by the customer.
3. Solid waste equipment and vehicles shall only be parked
ar stored at a site approved by the LEA, in compliance with
all applicable zoning regulations and at such location as
not to cause a nuisance to either neighbors or the general
public.
4. All equipment used for the collection, transportation,
or storage of solid wastes or recyclable materials,
including wet or liquid-producing materials or materials
composed of fine particles, by any person, shall be non-
absorbent, leak-resistant, water tight, durable, easily
cleaned and designed for safe handling, and constructed)
', with tight fitting lids and otherwise to prevent the'
harborage and propagation of insects, rodents and odors and
to prevent loss of wastes or recyclable materials from the
equipment during collection and transportation. All
equipment shall be maintained in good condition and cleaned
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1 in a frequency and in a manner so as to prevent the
2 propagation or attraction of flies, rodents or other
3 vectors and the creation of nuisances. Such cleaning shall
4 be performed by the licensee or by the customer, if so
5 provided in the applicable service contract. All equipment
6 shall. be clearly marked on each side with the name and
7 telephone number of the licensee. The LEA may suspend any
8 collection vehicle from operating if it is declared the
9 collection vehicle does not meet the safety and health
10 requirements identified under the Vehicle Code, the Health
11 and Safety Code, or this Chapter.
12 5. Every collection vehicle used by the licensee for
13 collecting and disposing of solid waste shall be kept
1~# painted on the exterior, clean, and in.good repair, and
15 there shall be displayed on each side of each vehicle the
16 business firm's name, telephone number, and the words
17 "county License No. ," in letters not less than four
18 (4} nor more than twelve (12) inches in height.
19 6. Solid waste shall be loaded on vehicles so that none of
20 it falls, drops, or spills upon the ground, and it should~l
21 be protected from wind and rain. A shovel, broom, and fire',
22 extinguisher shall be kept on each vehicle at all times.
23 7. A licensee shall provide written notice and a
24 description of newly acquired solid waste collection
2.5 vehicles .
(including make, model and identification number)
26 to the LEA within fourteen (14) days after acquisition of
27 the vehicle.
28 8. The LEA shall inspect ail solid waste collection
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vehicles and transfer. bins at the time license application
is filed and shall inspect all collection vehicles
including newly acquired collection vehicles at a minimum
of once per year thereafter. Requests for annum
inspection shall be made by the LEA two {2) weeks in
advance.
9. All vehicles and collection receptacles in excess of
ten {10) cubic yards shall have the cubic yard capacity
stenciled on the left side of the vehicle or receptacle.
F. Source Separation of Recyclable Materials.
Unless the licensee operates a Material Recovery Facility (MRF)
or contracts with a MRF for processing of the licensees'
aste the licensee shall u an re uest rovide
collected sol~.d w , . p q p
all residential, commercial, and industrial accounts within the
licensee's service area with suitable containers for separating
recyclable materials, and instruction pertaining to the proper
handling of recyclable materials.
G. Maintenance of Storage Containers by Licensee.
Where the licensee furnishes reusable storage containers
for solid wastes, the licensee is responsible for
maintaining the containers in good condition, ordinary wear
and tear excepted. The licensee and the customer shall
agree to the size and frequency of collection from storage
containers provided for or by the licensee.
H. Disposal of Wastes.
1. Solid waste collectors licensed to operate in the
County shall dispose of all collected solid waste,
excepting recyclable materials, at an approved solid waste
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disposal site.
2. It shall be illegal for a licensee to dispose of solid
waste at an unpermitted illegal disposal site. A
violation, upon conviction, shall be punishable by a
$10,000 fine and shall be grounds for immediate revocation
of the license. Each day of violation shall be counted as
a separate offense.
soation 3i-36.i. Headquarters and Telephone Listinq Requirements.
Every licensee shall maintain a business office, located within the
County, and open to the general public during the hours of 8:00 a.m.
to 5:00 p.m., Monday through Friday, holidays excepted, which shall',
be staffed with at least one employee to respond to customer questions
and complaints submitted either in person or by telephone.
Tn lieu of maintaining a business office, the licensee may place in
operation a telephone answering service, operational between 8:00 am
and 5:00 pm, Monday through Friday, holidays excepted, to note
customer questions and complaints. All inquires shall be responded
to within 24 hours of receipt. Failure to respond to customer
'complaints shall result in a hearing before the SWHP, and shall be
grounds for revocation of the license.
Seatian 31-36.2. Firm Name and Telephone Number Required on All
Commercial Containers. Each licensee shall place and maintain on the
outside of all licensee's owned commercial containers of one cubic
26 umber. Every licensee shall at all times keep such containers and
27 ids in good repair end maintained in a clean and sanitary condition
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yard capacity or larger, in legible letters and numerals, not less
han two inches in height, the' licensee's firm name and telephone
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I sQatioa 31-37', Denial of Service for Non-Compliance. A licensee may
2 deny pickup of solid waste or recyclable materials if:
3 A. Solid waste containers contain hazardous wastes; or
4 B. Solid waste containers contain human waste and other
5 potentially infectious materials, inerts (rocks, sod,
6 concrete, bricks, asphalt and similar solid material)
7 plaster, dirt and class Z (toxic) chemicals as listed in
8 CCR Title 23; or
9 C. A manually collected solid waste container together with
14 its contents weighs in excess of fifty-five (55} pounds;
I 1 or
12 D. Recyclable materials contain solid waste or other non-
13 recyclable materials; or
14 E. Recyclable materials are placed in a container that is
15 incompatible with the licensee's approved method to handle
16 recyclable materials.
17 F. Containers are not loaded properly, or are not placed far
18 safe handling and pickup.
19 In such cases where the licensee denies service to a customer, the',
20 licensee shall leave a notice attached to the rejected unit that
21 describe s the reasons} for non-service.
22 Section 31-38. Equipment Yard.
23 A. Storage and equipment yards used by licensed solid waste
24 collectors shall be kept clean and free of debris and
25 stored waste. Recyclables shall be stored in approved
26 storage bins. Out-of-service vehicles shall be stored away
27 from normal work areas and out of public sight.
28 B. Storage and equipment yards shall be used only for items
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and materials which apply directly to solid waste
1 collection and recycling and shall not be used for the
~ keeping of livestock or other unrelated businesses.
3 C. Storage and equipment yards shall be kept in a safe and
4 healthful manner, free of litter and debris and shall not
5 become a public nuisance.
~ section 31-39. Termination og Service.
~ When a licensee chooses to permanently terminate solid waste
$ collection services to any or all customers for any reason, other than
9 non-payment for services, or when any person who does not have a
10 current, valid license is notified by the LEA in writing to terminate
11 solid waste collector services, such licensee or person shall issue
12 a written notice to said customer(s) no less than thirty (30} days
13 prior to termination of service in accordance with the procedures
14 specified in Section 31-24.3{C}.
15 Article v
16 Solid Waste Reports and Committees
17 section 31-40. Local Task Force Formation. The Local Task Force
18 is a mandated committee farmed by .the Board on March 27, 1990, Minute,,
19 Order 90-133, in accordance with the California Integrated Waster
2fl Management Act of 1989 (AB 939) and Section 25135.2 of the Health and
21 Safety Code. The Local Task Force consists of the following members:
22 A. Industry representatives appointed by the Cities and
23 Town; and
24 B. City appointees from each City and Town jurisdiction; and
25 C. Members of the public appointed by the Board; and
26 D. Members of the public-appointed by the Cities and Town.
27 The Local Task Force shall elect a Chair and Vice-Chair from among its
28 members and shall appoint such other officers as it deems necessary.
Section 31-41. Purpose. The purpose of the Local Task Force shall be
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to recommend td the Board of Supervisors proposed amendments,
additions and deletions to this Chapter and to study federal, state
and local laws and regulations relating to solid waste collection, its
management, and recycling. The Local Task Force shall develop goals,
policies, and procedures which are consistent with guidelines and
regulations adapted pursuant to the California Integrated Waste
Management Act, and shall guide development of the Siting Element of
the County-wide Integrated Waste Management Plan.
8sation 31-42. Collection rates. Each licensee may charge solid waste
and recyclable materials collection and/or processing rates far
services rendered.
Section 31w43. Licensee compensation for recycling.
A. The licensee may charge residents far the, curbside collection
of recyclable materials including yard waste, the management
of HHW, and, if deemed relevant, fees to operate materials
recovery facilities. Such charges will be included on the
billing invoices or in informational materials furnished bye
the licensee to all customers. The charges for recycling and
integrated waste management services must be shown separately
from solid waste collection charges.
B. Each licensee shall submit a Quarterly Recycling Report, as
described in Section 31-44 of this Chapter.
Section 31-44. Quarterly Recycling Report required. Each licensee
shall provide the Solid Waste Manager or his/her designee with copies
of a Quarterly Recycling Report. The Report shall be due on-the -15th-
day of each April, .July, October, and January,- for the previous
quarter. The Quarterly Recycling Report shall include all of the
following information:
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A. Identification of Licensee and the time period covered
by the Report; -
B. Summary of all recyclable materials collected,
processed, and delivered to end market or intermediate
processor. The summary is to separately provide the
weights, volumes, and or numbers of each type of
recyclable material.
C. An estimate of the percentage of accounts participating
in, or paying for,-the recycling collection program and
the basis for the estimate. The percentage (~) number
of accounts that participate in-the recycling collection
program shall be determined as follows:
1, ~ - x 100
Total Number of-Accounts Served
If licensee delivers recyclable materials to be processed
through a materials recovery facility, then licensee shall
report to the best of its ability the number of residential
and commercial accounts, or estimated percentage of
customers' waste stream, that is delivered to the materials
recovery facility.
D. An estimate of the total percentage of the waste stream being
diverted through the recycling collection program or
materials recovery facility and the basis for the estimate.
The estimated total percentage {~) of the waste stream being
diverted through the recycling collection program shall e
determined as follows, in accord with Section 31-35.A:
1. Total Waste Generation = waste disposed {total tons} +
materials recycled (total tans)
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1 2. Waste Diversion ~ _
Total Waste Generated {total tans)
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E. A schedule a€ proposed clean-up events, as defined in Sectian
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31-35 C, Performance Standards, to be held at intervals of a
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minimum of one per quarter. '
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Soation 31-45. Bailure to meet Performance Standards. Failure of
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the licensee to submit the report as required, or licensee's failure
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to achieve a minimum of 15~ waste diversion through recycling efforts,
8
as defined in Section 31-35, Performance Standards, may result in
9
license review and possible revocation of the license.
10
Article VI
11
Prohibitions and Enforcement
12
8eation 31-g0. Failure to Remove Solid Waste. The owner or tenant
13
of any premises, business establishment or industry shall be
14
responsible for the satisfactory removal of all solid waste
15
accumulated on said premises. To prevent propagation, harborage or
16
attraction of flies, rodents or other vectors and the creation of a
17
nuisance, solid waste, excepting nan-flammable inert material, shall
18
not be allowed to remain on the premises for more than seven {7) days.
19
Non-flammable inert materials stored on a premises shall not be
20
allowed to become either a harborage for rodents, insects or other
21
vectors, nor a public nuisance. Such inert non-flammable materials
22
which are not properly stored shall not be allowed to remain an a
23
premises for more than thirty (30) days.
24
Section 31-51. Disposal on Open Grounds; Failure to Remove or
25
rop®rly Store Solid Waste. It shall be illegal for any person to
26
eposit or dispose of solid waste on the open grounds of any public
27
roperty or private property of any other person or to fail to comply
2$
ith the order of the LEA for removal or proper storage of said waste.
36
1 Each day solid waste remains in violation of this section shall
2 onstitute a separate offense.
3 anon 31-52. Surniaq of Garbage.
4 It shall be illegal far any person to burn garbage in Butte County
5 nless the consent of the county health officer and the Air Quality
6 anaaement District is first obtained and such burning is done in an
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roved crematory.
tioa 31-53. Enforcement: Penalties.
A. Any person violating any of the provisions of Articles III, IV
or VI of this Chapter shall be deemed guilty of a misdemeanor
and subject to the penalties provided for in Section 1-7 of
the Butte County Code. Each day a violation is committed or
continues shall constitute a separate offense.
B. As an alternative to criminal enforcement, the County and
licensee may civilly enforce any provision of this Chapter,
to and including the authority to seek treble damages, to the
same extent as a recycling agent, pursuant to California
Public Resources Code section 41953. The LEA may invoke these
remedies, or any of them, whenever it deems it appropriate.
C. Authority for the enforcement of this Chapter shall be vested
in the Butte County Health Department, Division of
22 Environmental Health.
23 Section__3: Severabi_1_ity. If any provision of this Ordinance or the
24 pplication thereof to any person ar circumstances is for any reason
25 eld to be invalid by a court of competent jurisdiction, such provision
2b hall be deemed severable, and the invalidity thereof shall not affect
27 he remaining provisions ar applications of the Ordinance which can be
28 iven effect without the invalid provision or application thereof.
37 --m
1 Section_4~ The Board finds, pursuant to Chapter 14 of
2 e California Code of Regulations, Section 15378, that this ordinance
3 's exempt from the requirements of the California Environmental Quality
4 ct (CEQA) for the following reasons, each of which is independently
5 ufficient as a basis of exemption:
6 A. It is not a Project as provided by the Act, in that it
7 does not have a potential for resulting in a detrimental
8 physical change in the environment, directly or
9
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ultimately as provided in 14 CCR Section 15378 (a);
B. In that it is further exempt under the definition of
"Project" in 14 CCR 15378 {b) (3) in that it concerns
general policy and procedure making;
C. In that it can be seen with certainty that there is no
possibility that the activity may have a significant
effect upon the environment pursuant to 14 CCR 15061 (b)
{3) ; and
D. In that the action taken is an action by a regulatory,
agency that will both enhance and protect the environment'
and is therefore categorically exempt pursuant to 14 CCR
153 08 .
21 Section .5: This ordinance shall became operative
22 inety days after its effective date; provided that any permits issued
23 nder the repealed Chapter 31 of the Butte County Code shall be valid
24 ntil the earliest of the following: a new license is issued under the
25 rovisions of this ordinance, or December 31, 1997, if a Waste
26 ollection and Recycling Plan has been submitted, and approved by the
2'~ EA for an existing licensee who, on the operative date of this
28 rdinance, does not provide all services required by this ordinance,
38
1 r November 1, 1997, if no Waste Collection and Recycling Plan is
2 ubmitted to the LEA for an existing license area, on or before that
3 ate. During. the period of continued license validity, the provisions
4 f this ordinance shall regulate the services provided by the licensee,
5 ,g,,ection 6: ,F.ffectiv D tee Publicat,~,~ This Ordinance shall take
6 ffect thirty (30) days after the date of its passage. The Clerk of
7 he Board of Supervisors is authorized and directed to publish a
8 ummary of this ordinance, before the expiration of fifteen (15) days
9 fter its passage, in accordance with Government Code Section
10 5124 (b}(1}, giving notice of its adoption and including the names of
11 he members of the Board of Supervisors voting for and against it. Said
12 ummary shall be published in the Chico Enterprise Record, Oroville
13 ercury Register, and Paradise Post, newspapers of general circulation
14 ublished in the County of Butte, State of California.
15
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2$
PASSED AND ADOPTED by the~Board of Supervisors of the County of
Butte, State of California, on the 27th. day of May ,
1.997, by the following vote:
AYES: Supervisors Beeler, Dolan, Hoax, Jasiassen and Chair Davis
NOES : None
ABSENT : None
NOT VOTING: None
red C. Davis `' , Cha~.r of the
Butte County Board of Supervisors
ATTEST:
JOHN S . BLACIiLOC
Off i er and Cler f the Board
By cz.t.. ~-
g:\docs\ordi.nance\solidw6.ord {1/7.3/97]
Puhlicatio7a Date: June 11 , 1997
Effective ]}ate: July 11 , 1997
40
TABLE OF CONTENT:
1
2 Section 1. Chapter 31 of .the Butte County Code, entitled "Refuse
Collection and Removal" repealed 1
3
Section 2. New Chapter 31 enacted and added to the Butte County Code
4 1
5 Chapter 31
Sol id Waste Collection, Management and Recycling
6
Article I. General Provisions
7
Section
31-1. Title and Citation
1
8
Section
31-2. Findings _ .
~-
9
Section
31-3. Purpose
1
10
Section
31-4. Effect of Chapter in Chico Urban Area
2
11
Section 31-5. Interjurisdictional Agreements 2
12
Article II.
13 Definitions
14 Section 31-10. General rules far interpretation 2
15 Section 31-11.1. "Agricultural Solid Wastes" 3
16 Section 31-11.2. °Apartment, condominium, townhouse complex or
mobile home park" . • - 3
17 Section 31-11.3. "Bin" . 3
18
Section 31-11.4. "Bulky wastes" 3
19
Section 31-11.5. "Buy-back recycling center" 3
20
Section
31-11.6. "Board" •
3
21
Section 31-11.7. "Clean-up event" 3
22
Section 31-11.8. "Collection bag" 4
23
Section
31-11.9. "Collection Vehicle" or "Equipment"
4
24
Section
31--11.10. "Commercial customer"
4
25
Section
31 11.11. "Commercial solid waste" 4
26
Section 31-11.12. "Commercial service" 4
27
Section 31-11.13. "Composting" 4
2S
Section
31-11.14. "Construction and Demolition wastes"
4
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Section 3i-11.15. "County" 4
Section 31--11.16. "Debris box" or "drop box" or "roll-off 5
Section 31-11.17. "Director" . 5
Section 31-11.18. "Disposal" 5
Section 31-11.19. "Drop-off recycling center" 5
Section 31-11.20. "End market" or "end--use" . 5
Section 31-11.21. "F1ow control" 5
Section 31-11.22, "Garbage" 5
Section 31-11.23. "Hazardous waste" 5
Section 31-11.24. "Household Hazardous Waste (HHW)" 6
Section 31-11.25. "Household Hazardous Waste Collection" 6
Section 31-11.26. "Household Hazardous Waste Collection Facility
. . . . . . . . . . .
Section 31-11,27. Alndustrial wastes@ 7
Section 31-3.1.28. AInert wastes@ 7
Section 31-11.32. ALocal Enforcement Agency (LEA)@ 7
Section 31-11.33. ALocal Task Force@ . 8
Section 31-11.34. AMulti-family Residential Complex@ 8
Section 31-11.35. ANon-recyclable wastes@ 8
Section 31-11.36. AOpen Burning@ - 8
Section 31-11.37. AOwner@ • 8
Section 31-11.38, APerformance Standards@ . 8
Section 31-11.39. APlastic@ .~• 8
Section 31-11:40.
. .
APutrescible Wastes@ 8
.
Section 31-11.41. ARecyclable materials@ 9
Section 31-11.42. ARecycling@ • 9
Section 31-11.43. ARecycling container@ 9
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Section 3i-11.44. ARefuse@ - 9
Section 31-11.45. AResidential service@ 9
Section 31.1.46. AResidential waste@ 9
Section 31-11.47. - ARubbish@ - . 9
Section 31-11.48. ASalvaging@ 9
Section 31-11.49. ASolid Waste@ 9
Section 31-11.50. ASolid Waste Hearing Panel@ or ASolid Wast
Permit Enforcement and Appeal Independent Hearing
Panel@ ( SWHP) 10
Section 31-11.51. ASolid Waste Collector@, ACollector@, o
ALicensee@ lfl
Section 31-13.52. ASolid Waste Manager@ or ASWM@ 10
Section 31-11.53. ASource separation@ . 10
Section 31-11.54. AStreet Refuse@ 10
Section 31-11.55. AVariable can rate@ - 10
Section 31-11.56. AWaste collection and recycling plan@ . 1fl
Section 31-11.57. AWaste container@ 11
Section 31-11.58. AWhite Goods@ ar AMajor Appliances@ 11
Article III
License Requirements and Procedures
Section 31-20. License Required ._ 11
Section 31-21. Li cense Exemptions 11
Section 31-22.1. Application 12
Section 31-22.2. Waste Collection and Recycling Plan 13
Section 31--22.3. Investigation of Applicant • 14
Section 31-22.4. Application Review .~ 15
Section 31-22.5. License Appeal Hearing . 15 .
Section 31-23. License Nontransferable . 15
Section 31-24.1. License Review 16
Section 31-24.2. License Suspension 16
Section 31-24.3. License Revocation 18
iii
Section 3i-24.4. Monetary Penalty In Dieu of License Revocation
. 19
1 Section 31-25. License Fees 20
2 Section 31-26. License Expiration 20
3 Section 31-27. License Renewal 20
4 Article IV.
Solid Waste Collector Licensee Requirements
5
Section
31-30.
Insurance requirements
21
6
Section
31-31.
Indemnity bond
24
7
Section 31-32 Indemnification and Hold Harmless
g to the County ~ . 2 4
g Section 31-33. Recovery of incurred costs 25
1p Section 31-34. Heirs, successors, etc. 26
11 Section 31-35. Performance Standards . 26
12 Section 31-36.1 . Headquarters and Telephone Listing Requirements
. . • . • • . ' . • • • a . . e e • • • . . • . . • . • • r 3 1
13
Section
31-36.2
. Firm Name and Telephone Number Required
on A11
14 Commercial Containers .~. . 31
15 Section 31-37. Denial of Service for Non-Compliance 32
16 Section 31-38.Equipment Yard 32
17 Section 31-39. Termination of Service 33
18
Article V
1g Solid Waste Reports and Committees
Section 31-40. Local Task Force Formation 33
20
section
31-41.
Purpose ~
33
21
Section
31-42.
Collection rates
34
22
Section
31-43.
Licensee compensation for recycling
34
23
Section
31-44.
Quarterly Recycling Report required
34
24
Section
31-45.
Failure to meet Performance Standards
36
25
Article VI
26 Prohibitions and Enforcement
27 Section 31-50. Failure to Remove Solid Waste . 36
28 Section 31-51. Disposal on Open Grounds; Failure to Remove or
Properl y Store Solid Waste 36
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Section 3'~-52. Burning of Garbage ~ 37
Section 31-53. Enforcement: Penalties 37
Section 3: Severability 37
Section 4. CEQA Findings 38
Section 5. Operative Date . 38
Section C. Effective Date; Publication 39
v