HomeMy WebLinkAbout36011
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Ordinance No . 3601
AN ORDINANCE AMENDING CHAPTER 31B, ENTITLED "SOLID WASTE COLLECTION
IN THE CHICO URBAN AREA", OF THE BUTTE COUNTY CODE
The Board of Supervisors of the County of Butte ordains as
follows: Section 1. Chapter 31B of the Butte County Code is amended
to read as follows:
"SOLID WASTE COLLECTION IN THE CHICO URBAN AREA.
Section 31B-1. AUTHORITY.
This Chapter is enacted by the Board of Supervisors pursuant to
the authority granted to it by: Article I, Section 1 of the Butte
County Charter; Article XI, Section 7 of the California Constitution;
and Division 30 of the Public Resources Code, commencing with Section
'40000, including but not limited to ,Sections 40002, 40058, 40059,
41901, 41902, 41954 and 42911.
Section 31B-2. INTENT.
It is the intent of this Chapter to regulate solid waste
collectors in the Chico Urban Area so that solid waste generated by
residential users in said area wi11 be collected and disposed of in
a manner which will:
(a) Protect the public health, safety and welfare by ensuring
that solid waste collection will be conducted in an
efficient and orderly manner;
(b) Encourage recycling which will divert recyclable solid
waste from the waste stream for beneficial use and to
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extend the useful life of the Neal Road Landfill; and
~c} Implement the Butte County Source Reduction and Recycling
Element, which was adopted on November 10, 1992, and is a
part of the Butte County Integrated Waste Management Plan.
Section 31B-3. DEFINITIDNS.
Far purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
(a) Chico Urban Area. "Chico Urban Area" shall mean all
unincorporated areas within the boundaries depicted on that map which
is attached as Appendix 1 to this Chapter.
(b) Recyclable Solid waste. "Recyclable Solid Waste" consists of
newspaper, cardboard, glass, aluminum cans, tin cans, and plastic
containers.
(c) Solid Waste Collector. A "solid waste collector" is any;
'person engaged in the business of collecting and disposing of solid:
waste in the Chico Urban Area in consideration of the payment of
charges far such service. "Solid waste collector" shall not include
a person:
{1)
(2)
(3)
t4)
Engaged in a recycling or rendering business who receives
no consideration for the collection of solid waste;
Removing his or her own refuse or refuse of another without
compensation;
Collecting vegetable matter or food waste, without any
charge, for use as food for animals; or
Operating a lawful business having leavings, waste material
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or refuse residue which is collected, transported and
disposed of in the natural course of the business,
including but not necessarily limited to gardeners, tree
trimmers, street cleaners, and construction or demolition
contractors.
(d) Residential Customer. "Residential customer" shall include
any customer receiving residential service, as defined in section 31-
11.45, ar any customer receiving solid waste and recyclable material
collection service in a multi-family residential complex, as defined
in section 31-11.34.
(e) Bulky Wastes. "Bulky wastes" means large items of solid
waste, such as appliances, furniture, trees, branches, stumps and
other oversize wastes whose large size precludes ar complicates their
handling by normal collection, processing, or disposal methods.
(f) Yard debris. "Yard debris" means lawn cuttings, weeds,
leaves and remnants from tree or shrub pruning which are less than
four inches in diameter and are four feet long or less, excluding palm
fronds, yucca plants and sod.
Section 318-4. RE UIREMENTS AND STANDARDS.
The following requirements and standards must be met and
maintained by a solid waste collector in. order to operate within the
Chico Urban Area:
(a) Obtain and maintain a valid Refuse Collection License
issued by the County of Butte and pay the fee in connection
therewith to the County Health Officer pursuant to Chapter
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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 in the Chico Urban
Area (unincorporated county area}.
(1) Small containers up to thirty-two gallon capacity
and all other pickups not included in schedules
below, three {3) percent.
(2) Container {one to three yard capacity}, two {2)
percent.
(3) Drop box {any container in excess of three yard
capacity), one (1) percent.
(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 wi11 be separated, recycled, sold or
otherwise used in same lawful manner other than by
disposing of it as a waste.
(e) Provide to all residential customers an optional curbside
yard debris recycling program to allow for separate
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collection of yard debris, and divert from the waste stream
all yard debris collected by it under such program so that
such waste will be separated, composted, mulched, sold or
otherwise used in some lawful manner other than by
disposing of it as a waste;
(fy Charge all residential customers equally for comparable
solid waste, recycling, and yard debris services, at a rate
no more than the rate charged within the City of Chico, and
provide such services no less frequently than they are
provided within the City of Chico;
(g) Submit for approval to the Butte Couz~.ty Solid Waste Manager
any notice or form regarding solid waste, recyclable solid
waste, or yard debris collection services, which the solid
waste collector intends to send or otherwise give to
customers. All such notices or forms shall be submitted
to the said manager no later than fourteen (14) days prior
to the date such notice or form is to be sent or otherwise
provided to customers. Failure of said manager to respond
regarding the submitted notice or form within seven t7)
days shall constitute approval of the notice or form.
Provided, however, that bi11s sent to customers in the
regular course of business for services rendered and/or a
notice of termination of services by reason of the non-
payment of such bills shall be exempt from the approval
process required pursuant to this subsection.
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(h} Submit an annual statement to the Butte County Solid Waste
Manager in a form agreed upon and prescribed by him or her
and containing all financial information relating to the
solid waste collector`s prior year of operations in the
Chico Urban Area. Said statements shall be prepared by an
independent public accountant or certified public
accountant licensed under the laws of the State of
California and shall be submitted not later than ninety
(90) days after the end of each solid waste collector's
fiscal year. In order to verify such statements, the Butte
County Solid Waste Manager shall have the right to audit
the accounts and other related financial records of each
solid waste collector.
(i) Maintain at all times a current list of residential
customer names, addresses, and collection schedules, which
shall be made available to the Butte County Solid Waste
Manager upon request. Such lists shall be available at any
time during the business day. Failure to comply with this
section will be grounds for revocation of the privilege of
operating within the Chico Urban Area.
(j) Submit a quarterly report to the Butte County Solid Waste
Manager in a form prescribed by said Solid Waste Manager
setting forth such information on the solid waste
collector's operations in the Chico Urban Area as may be
determined by said Solid Waste Manager to be necessary to
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evaluate the solid waste collector's operations to
determine the volume and type of solid waste which has been
diverted from the waste stream and compliance with this
Chapter. Said report shall be submitted no later than
thirty (30} days after the end of each quarter.
(k) Nat allow any solid waste, recyclable solid waste, or yard
debris to spi11, drop, fall or remain on the ground or
surface in or upon any public street, alley, way, place orl
private property.
(1) Maintain a business office within the Chico Urban Area open
to the general public during the hours of $ a.m. to 5 p.m.
Monday through Friday, holidays excepted, which is staffed
with at least one (1} employee to respond to customer
questions and complaints submitted either in person or by
telephone. However, in lieu of maintaining a business
office open to members of the general public, the solid
waste collector may place in operation a telephone
answering machine capable of recording customer questions
and complaints during the hours of 8 a.m. to 5 p.m., Monday
through Friday, holidays excepted, provided such recorded
questions and complaints are responded to not later than
the end of business hours on the business day next
following the day such question or complaint was recorded.
(m) Offer its customers no less than two (2} free solid waste
collection events each year to provide for the disposal of
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bulky wastes, which events shall be of a type and shall be
conducted in a manner which has been approved in advance by
the Butte County Solid Waste Manager.
318-5.. Use o£ Collection Bags. Notwithstanding any
provision to the contrary in this Chapter or in Chapter 31
of this Code, including but not limited to the provisions
of Sections 31-11.57, 31-35(e)(4} and {g) and 31-50,
"collection bags", as defined in Section 31-11.8, may be
sold ar otherwise provided by a solid waste collector for
use by residential customers for the disposal of solid
waste, as follows:
(a) Such bags sold or otherwise provided by the solid
waste collector shall be picked up by the solid
waste collector when closed and tied and placed
adjacent to the public right-of-way.
(b) The frequency of collection shall be as specified
in Section 31-35(d)(1).
(c) Customers using the collection bags shall be
exempt from the payment of any curbside recycling
fees charged pursuant to Section 31B--4 (f) , or any
portion of any fee charged pursuant to said
section which is allocated to or based upon the
provision of such recycling service, unless they
request and receive such recycling service.
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Section. 318-6. REVOCATION OF PRIVILEGE TO OPERATE WITHIN THE CHICO
URBAN AREA.
The Board of Supervisors, following a public hearing, may revoke the
privilege to operate within the Chico Urban Area granted pursuant to
this Chapter to any solid waste collector, if said solid waste
collector is found to have operated or to be operating in violation
of the provisions of this Chapter, including, but not limited to, the
requirements and standards specified in Section 31B-4 above.
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 (~.0) days prior to
the date set for the hearing. Said notice, in addition to setting'
forth the time and date of the hearing, shall specify the grounds upon
'which the revocation wi11 be considered and sha11 include a statement
of such solid waste collector's right to appear and be heard at the
hearing.
Section 31B-7. PRIVILEGE-REVOCATION-PROCEDURE.
Upon revocation of the privilege of operating zn the Chico Urban
Area, the following procedure sha11 be followed:
(a) The County shall send a registered letter to the solid waste
collector containing notification of revocation of the
privilege.
(b) A solid waste collector whose privilege to operate has been
revoked sha11 not collect solid waste, yard debris or
recyclable solid waste or otherwise perform the duties and
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business of solid waste collector within the Chico Urban
Area after a period of thirty X30) days following the date
of revocation.
(c) The solid waste collector shall notify all of his or her
customers of revocation of the privilege of operating within
a period of fifteen (15) days following the date of said
revocation. If the solid waste collector fails to give such
notice, the Butte County Solid Waste Manager 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
31-4 of this Code. Such notification by the Butte County
Solid Waste Manager may be by means of the publication of
a display advertisement of at least one-quarter (1/4) of a
page in a newspaper of general circulation in the Chico:
Urban Area.
(d) The solid waste collector shall notify the Butte County
Solid Waste Manager upon the completion of customer
notification pursuant to this section.
Sect~.on 31B-~8. MONETARY PENALTY IN LIEU OF PRIVILEGE REVOCATION.
Zf the Butte County Board of Supervisors, after holding a hearing
on the proposed revocation of a solid waste collector's privilege to
'operate within the Chico Urban Area pursuant to this Chapter,
determines that such solid waste collector, although having violated
the provisions of this Chapter, has nevertheless corrected such
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violation, the Board of Supervisors, in lieu of revoking the privilege
of the solid waste collector, may assess a monetary penalty against
the solid waste collector. Such penalty may be in the amount of five-
hundred dollars ($500.00) or in an amount equal to the costs and)
expenses incurred by the County of Butte 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 Board of Supervisors shall be due and payable no later than the:
thirtieth day following the date of such hearing, and the failure to
pay such sum within such time shall be further grounds for the
revocation of the privilege of the solid waste collector against wham
such penalty was assessed.
Section 31B-9. PAYMENT AND D2SBURSEMENT OF ADMINISTRATION FEES. Each
solid waste collector doing business in the Chico Urban Area shall pay
administration fees to reimburse the County of Butte for its costs
incurred in administering the solid waste collection and recycling
programs pursuant to this Chapter. The amount of said fees shall be
as specified in Section 31B-4b, above. Said administration fees shall
be due annually commencing July 1, 2000, and shall be payable on the
first day of July of each year thereafter. Said fees shah. be paid
Ito the Butte County Department of Public Works."
Section 3. Effective Date and Publication. This Ordinance shall take
effect thirty (30) days after the date of its passage. The Clerk of
the Board of Supervisors is authorized and directed to publish this
ordinance before the expiration of fifteen {15) days after its
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passage. This Ordinance shall be published once, with the names of
the members of the Board of Supervisors voting far and against it, in
the Chico Enterprise a newspaper of general circulation 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 25th day of Apra.. ,
2000, by the fallowing vote:
AYES: Supervisors Beeler, Houx, Josiassen, Davis and Chair Dolan
NOES : Nane
ABSENT : None
NOT VOTING :None
~ E DOLA~T, Chair of the
Bu to County Board of Supervisors
ATTEST:
JOHN S. BLACKLOCK
Officer and Cler of the Board
~.
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