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HomeMy WebLinkAbout3680 1 2 Ordinance No . 3680 3 4 5 6 AN ORDINANCE AMENDING ARTICLE VII TO CHAPTER 3 OF THE BUTTE COUNTY 7 CODE REGARDING GATE FEES CHARGEABLE AT THE NEAL ROAD LANDFILL 8 9 The Board of Supervisors of the County of Butte ordains as 10 follows : 11 Section 1 . Findings 12 The Board of Supervisors makes the following. findings : 13 (a) Butte County has adopted and implemented a county wide 14 integrated waste management plan as called for under the California 15 Integrated Waste Management Act of 1989 (Division 30 of the Public 16 Resources Code, commencing with Section 40000) , and Section 41901 17 authorizes the County to impose fees sufficient to pay for the costs 18 of implementing said plan. 19 (b) As part of the integrated waste management plan, Butte County 20 provides septage disposal facilities for County residents who are not 21 connected to a municipal wastewater treatment facility. 22 (c) While providing the septage disposal facilities, Butte County 23 has experienced capacity, monitoring, and removal challenges . The 24 Department of Public Works (DPW) has had to modify and adapt its 25 facilities to meet these challenges . The actions taken by DPW have 26 resulted in increased costs . 27 (d) To recoup the increased costs, as well as to plan for future 28 modifications and implementations, DPW is requesting an increase in 1 11 1 the gate fees chargeable for use of the septage disposal facilities 2 at the Neal Road Landfill . 3 (e) Gate fees chargeable at the Neal Road Landfill have been 4 previously established by ordinance number 3283 adopted by this Board. 5 (f) Said gate fees do not currently include amounts sufficient 6 to recover all costs for the design, operation and maintenance of the 7 septage disposal facilities . 8 (g) A study has been conducted and data prepared indicating the 9 estimated costs required to design, operate, and maintain the septage 10 disposal facilities at the Neal Road Landfill in accordance with State 11 and Federal laws, and such data and a proposed fee schedule have been 12 made available to the public for review as required by law. 13 (h) Public hearings were duly noticed and held on December 19 , 14 2000, and January 23 , 2001, pursuant to the requirements of Government 15 Code Section 66016, to consider such data and proposed fee schedule 16 and to receive and consider oral and written presentations pertaining 17 thereto . 18 (i) The revenues to be generated by the proposed fees do not 19 exceed the costs of designing, operating and maintaining the septage 20 disposal facilities in accordance with State and Federal law, and it 21 is desirable to impose such fees and to codify them for ease of 22 reference. 23 (j ) This ordinance is enacted pursuant to Public Resources Code 24 Section 41901, Government Code Sections 66016 and 66018, Article I, 25 Section 1 of the Butte County Charter, and Article XI, Section 7 of 26 the California Constitution. 27 Section 2 . Section 3-71 of the Butte County Code is amended to read 28 as follows : 2 1 "Section 3-71 . Gate Fee Schedule. 2 The following gate fees shall be charged to recover the cost of 3 design, operation, and maintenance of the Neal Road Landfill : 4 A. STANDARD FEES FOR MISCELLANEOUS REFUSE, DISPOSAL FEE 5 SOLID WASTE AND SEPTAGE DISPOSAL PRIVATE HAULERS 6 Minimum charge per vehicle, up to 800 lbs . , $8 . 50 7 net weight 8 All other vehicles over 800 lbs . , net $21 . 25 per 9 weight ton 10 11 Clean wood waste and yard waste (no $0 to $5 . 00 contaminants, litter or roofing shingles) per cubic 12 yard, to be set by 13 Landfill operator 14 15 COMMERCIAL HAULERS All loads, including demolition and bulky items $21 . 25 per 16 (excluding tires, baling wire & stumps) ton 17 CLEAN FILL DIRT (no contaminants, litter, yard $5 . 00 per ton 18 waste, or demolition 19 20 CLEAN ASPHALT OR CONCRETE (no contaminants, $5 . 00 per ton rebar, litter, or demolition) 21 $0 TO 20 . 00 CLEAN WOOD WASTE AND YARD WASTE (no per ton, to 22 contaminants, litter, or roofing shingles) be set by landfill 23 operator 24 SEPTAGE $18 . 61 per ton 25 B. ADDITIONAL FEES FOR ITEMS REQUIRING SPECIAL HANDLING. All 26 loads requiring special handling and immediate cover, such as asbestos, or for security or other reasons, and loads containing 27 bulky items, stumps, or tires, are subject to the following fees in addition to the above minimum or per ton disposal fees . 28 HAZARDOUS WASTES ARE NOT ACCEPTED. 3 1 SPECIAL HANDLING/IMMEDIATE COVER 2 All loads $45 per load 3 BULKY AND HARD TO HANDLE ITEMS (PRIVATE HAULERS ONLY) 4 Mattresses, box springs, furniture, large $5 . 50 per 5 pieces of carpet, appliances, and other item bulky items 6 7 STUMPS (larger than 24" trunk diameter measured $10 . 00 per directly above root ball) stump 8 9 TIRES (Size) 10 Up to 36" O.D. $1 . 50 per 11 tire 6" to 48" O.D. $3 . 50 per 12 tire 13 48" to 60" O.D. $12 . 00 per tire 14 Over 60 " O.D. & large loads of whole $130 . 00 per 15 tires total fee) ton (Tires with rims will be charged 16 double price) 17 Large loads of altered tires (split, $30 . 00 per sliced, or quartered) ton" 18 19 Section 3 . Fee effective date . 20 The septage fee established by this ordinance shall be effective 21 on March 15 , 2001, and shall, on that date, supersede the previously 22 enacted gate fees for disposing of septage at the Neal Road Landfill . 23 The previously enacted fees for disposing of septage are repealed on 24 said effective date, including but not limited to those fees 25 established by Ordinance 3283 . 26 Section 4 . Severability. 27 If any provision of this Ordinance or the application thereof to 28 any person or circumstances is for any reason held to be invalid by 4 1 a court of competent jurisdiction, such provision shall be deemed 2 severable, and the invalidity thereof shall not affect the remaining 3 provisions or other applications of the Ordinance which can be given 4 effect without the invalid provision or application thereof . 5 Section 5 . Ordinance effective Date and Publication. This Ordinance 6 shall take effect thirty (30) days after the date of its passage. The 7 Clerk of the Board of Supervisors is authorized and directed to 8 publish this ordinance before the expiration of fifteen (15) days 9 after its passage. This Ordinance shall be published once, with the 10 names of the members of the Board of Supervisors voting for and 11 against it, in the Chico Enterprise , a newspaper of 12 general circulation published in the County of Butte, State of 13 California. 14 PASSED AND ADOPTED by the Board of Supervisors of the County of 15 Butte, State of California, on the 23rd day of January 16 2001, by the following vote: 17 AYES: Supervisors Beeler, Dolan, Houx, Yamaguchi and Chair Josiassen 18 NOES : None 19 ABSENT: None 20 NOT VOTING: None 21 22 urt Josia :-en, Chair of the 23 Butt- County Board of Supervisors 24 ATTEST: JOHN S. BLACKLOCK 25 Officer and Cle of the Board 26 6,7itaw 27 28 G:IOADINANOSEPTAGE 5