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Ordinance No . 'i844
AN ORDINANCE AMENDING CHAPTER 31 OF THE BUTTE COUNTY CODE,
ENTITLED "SOLID WASTE COLLECTION, MANAGEMENT, AND RECYCLING",
AND AMENDING SECTIONS 26-12 AND 26-12.1 OF CHAPTER 26
OF THE BUTTE COUNTY CODE, ENTITLED "BUILDINGS"
The Board of Supervisors of the County of Butte ordains as
follows:
Section 1. Section 31-2 of Chapter 37. of the Butte County Code is
amended to read as follows:
"Section 31-2. Findings. The Board of Supervisors of Butte County
finds as follows: A. 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. B. It is desirable that all generators of
Solid Waste and Recyclable Materials within the County are included
in said collection system. C. A stable revenue source is necessary
to provide solid waste management and recycling services as required
by Federal and State mandates. D. It is necessary for the said
collection system to be managed in a manner which will encourage the
reduction, recycling, or reuse of Solid Waste to conserve water,
energy, and other natural resources, to protect the environment, and
Ito meet the diversion requirements mandated by the California
Integrated Waste Management Act of 1989. E. It is desirable for the
County to have centralized facilities available to the public far the
processing and disposal of Solid Waste so that such facilities can
operate in a cost effective manner which will encourage their use,
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discourage illegal dumping, and spread the cost of the use thereof
among the users and members of the public who benefit from the use
thereof. F. It is desirable for Solid Waste collection services to
be available, on a voluntary basis, to the maximum passible number
of residents of the County.
G. It is necessary, in view of the following findings, to require
Solid Waste collector licensees to deliver Solid Waste to a Solid
Waste Facility or Facilities owned by the County:
1. Local interests.
a. Landfill tipping fees payable at County-owned Solid Waste
Facilities, including the Neal Road Landfill, are deposited in the
County's Solid Waste Management Enterprise Fund, and are used, among
other purposes, to fund, fully or partially, the County's Solid Waste
diversion and Household Hazardous Waste programs, and public
education programs related thereto. Said programs have been
established and implemented in accordance with the County's Source
Reduction and Recycling Plan approved by the California Integrated
Waste Management Board and with provisions of the California
Integrated Waste Management Act of T989 ("AB 939") The purpose of
these programs is to recover Recyclable Materials and reduce the
amount of Solid Waste that is disposed of in landfills and to give
County residents and small businesses a safe way to dispose of
Hazardous Waste. Additional programs are necessary in order to meet
the requirements of AB 939 but cannot be implemented unless there is
a stable flow of Solid Waste and a corresponding stable revenue
source, which can be ensured by requiring disposal of Solid Waste at
County-owned facilities where tipping fees will be generated.
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Examples of existing County Solid Waste diversion and Household
Hazardous Waste disposal programs and public education programs
related thereto include, but are not limited to, the following:
• Neal Road Landfill green waste, metal and tire diversion
programs.
• Curbside recycling, program in the Paradise urban area.
• Educational Recycling and Rubbish exhibit operated by California
State University, Chico.
'• Publication of Butte County Recycling Directory.
I• Household Hazardous Waste programs both at a permanent facility
and at community collection events.
• Public education programs in connection with the above programs
b. A stable flow of Solid Waste and a corresponding stable revenue
source will enhance the ability of the County to protect the public
health, safety and welfare and to comply with applicable Laws and
regulations by developing a landfill gas recovery and energy
generation program at the County's Neal Road Landfill.
'c. The County, the Town of Paradise, the City of Biggs and the City
Hof Gridley have formed the Butte Regional Waste Management Authority
to provide for coordinated Solid Waste diversion and recycling,
including the delivery of member's Solid Waste to a County-designated
Solid Waste Facility or Facilities.
d. County has established detailed health and safety and technical
performance standards in its agreements for operation of its Neal
Road Landfill and a proposed Recyclable Materials recovery facility,
and those agreements contain incentives and require accountability
~of the operators. These provisions help assure that the County's
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Solid Waste is handled in a manner that will minimize the likelihood
of County Superfund liability pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act ("CERCLA").
Examples of existing operational standards and requirements include,
but are not limited to:
• Flood, drainage and erasion control that prevent storm water
runoff and pollution of water courses.
• Vector and vermin control,' to prevent promulgation and spread
of disease.
• Protocols for screening incoming Solid Waste to exclude
Hazardous Waste.
• Protocols for safely handling special wastes, including cannery
waste and other waste that might require immediate cover or
other special handling.
• Detailed requirements for covering waste on daily, interim and
final basis.
Tn addition, the County has made and wi11 make substantial
investments at the Neal Road Landfill for protective liners, leachate
collection systems, and other infrastructure to provide appropriate
'landfill design and operation to protect the public health, safety
and welfare, in compliance with applicable laws and regulations.
e. A stable flow of Solid Waste and Recyclable Materials and a
corresponding stable revenue source will enhance the ability of the
County to ensure the continued funding of the Local Enforcement
Agency (LEA), which agency has been established pursuant to
applicable laws and regulations to act as the enforcement agent
pertaining to Solid Waste regulations in the County.
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f. Delivery of Solid Waste and Recyclable Materials generated in the
County to County-owned facilities will enable the County to
establish, operate and maintain integrated waste management
facilities together with the supporting administrative, enforcement
and public educational infrastructure. Astable flow of Solid Waste
and Recyclable Materials is essential in order to properly size and
design diversion facilities, infrastructure and programs, which flow
can be ensured by requiring disposal at County-owned facilities.
2. No viable alternatives.
'the County has considered alternatives to requiring Solid Waste
collector Licensees to deliver Solid Waste to a Solid Waste Facility
or Facilities owned by County, but has found that there are no viable
lalternatives.
a. The County's ability to subsidize solid waste management through
additional taxes or property-based fees is practically and
constitutionally constrained. The County is subject to a panoply of
practical and constitutional constraints on levying additional taxes
(property based or otherwise} to fund Solid Waste, Recyclable
Materials, and Hazardous Waste management facilities and programs,
including those constraints imposed by Propositions 13 and 21.8. Tn
addition, the Commission on State Mandates, in 1999, made a finding
of significant financial distress pertaining to the County, which
finding remained in effect through 2002. Furthermore, The State
Legislative Analyst's Office, in a report dated May 7, 1998, entitled
"Why County Revenues Vary: State Laws and Local Conditions Affecting
County Finance", documents that Butte County has the lowest per
capita property taxes in the State and the lowest per capita general
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purpose revenue from five major sources. These findings document
the fact that the County does not have adequate resources to provide
for existing needs of the public. Therefore, it is necessary that
there be a stable flow of Solid Waste and Recyclable Materials and
a corresponding stable revenue source to fund Solid Waste, Recyclable
Materials and Hazardous Waste programs and related public education
programs, which can be ensured by requiring disposal of Solid Waste
at a County-owned Solid Waste Facility or Facilities where tipping
fees will be generated.
b. The County has the power, authority and discretion to establish
diversion performance standards at its own Solid Waste Facility or
Facilities, including Recyclable Materials facilities, composting
facilities and landfills. It cannot establish, implement or enforce
those standards at facilities it does not own, including landfills
where some Solid Waste generated in the County is presently being
disposed of.
c. A significant percentage of the Solid Waste generated in the
county has been and is being disposed of out of the County, which
causes a substantial loss of tipping fee revenue generated at the
County's Neal Road Landfill. If the County continues to lose tipping
fee income, it will face the inability to budget for and fund not
only its Solid Waste landfill operation but also its Recyclable
Materials and green waste, metals, and tire diversion and Hazardous
Waste management programs.
d. Even if the County could raise the capital to directly provide
Solid Waste collection services, thereby allowing County to deliver
Solid Waste to its own Solid Waste Facility or Facilities, under
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State law County would be required to give private haulers five (5)
years' advance notice of its intent to do so. During those five (5)
years, the private haulers would have the continued right to provide
service, and the present loss of County tipping fee income would
continue to imperil the County's Solid Waste, Recyclable Materials,
green waste, metal and fire diversion, and Hazardous Waste programs.
e. The County made a good faith effort aver a period of approximately
three years, commencing in 1999, to negotiate Solid Waste collection
contracts with the largest private waste haulers operating in the
County. These negotiated agreements would have obligated the haulers
to deliver Solid Waste, Recyclable Materials and green waste to
County-designated facilities. However, the County and those haulers
were unable to reach agreement in the best interest of County
residents and businesses, and therefore contractually mandated Solid
Waste delivery is not an available alternative to the requirements
of this Chapter 31.
f. User generation fees are not an alternative source of County
funding. Approximately 35%, of the Solid Waste generated in the
County is self-hauled by individuals and businesses and not through
subscribed service where a Licensee hauler could collect a user
generation fee as part of its collection rates. If the County
required Licensees to collect user generation fees on behalf of the
County from private customers/subscribers, those
customers/subscribers would unfairly and inequitably bear Solid Waste
management casts of all County residents, those who subscribe and
those who do not. As subscription rates increased, customers might
'.discontinue service, thereby triggering an increasing spiral of costs
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inequitably spread over fewer customers/subscribers.
Section 2. Section 31-11.141 is added to Chapter 31 of the Butte
County Code to read as follows:
Section 31-11.141. "Containers" means bins. roll-offs, cans, vessels,
receptacles or other containers used to hold Solid Waste and/or
Recyclable Materials for collection, including: 32-gallon manual
cans, 64 and 96 gallon automated cans, front and rear loader bins,
and roll-off bins.
Section 3. Section 31-11.1.42 is added to Chapter 31 of the Butte
County Code to read as follows:
Section 31-11.142. "Ct~.stomers" means the generators (including
owners, tenants, occupants and/or persons having the care or control
of any premises within the County) of Solid Waste from whom a
Licensee has agreed to collect Solid Waste.
Section 4. Section:31-11.180, entitled "Disposal", of Chapter 31 of
the Butte County Code is amended to read as follows:
Section 31-11.180. "Disposal" means the delivery of Solid Waste
and/or Recyclable Materials to a Solid Waste Facility or Facilities.
Section 5. Section 31-11.210, entitled "Flow Control", of Chapter 31
of the Butte County Code is deleted.
Section 6. Section 31-11.301 is added to Chapter 31 of the Butte
:County Code to read as follows:
jSection 31-11.301. "Licensee"means any person who, or entity which,
has a valid license, issued pursuant to this Chapter, to collect
Solid Waste and/or Recyclable Materials.
Section 7. Section 31-11.351 is added to Chapter 31 of the Butte
County Cade to read as follows:
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Section 31-11.351.. "Non-Service Roads" means any roads other than
Service Roads.
.Section 8. Section 31-11.391 is added to Chapter 31 of the Butte
'County Cade to read as follows:
Section 31-11.391. "Push Services" means manually retrieving a
Container from its storage location at a residence, bringing it to
the collection vehicle for emptying, and returning it to its storage
location.
Section 9. Section 31-11.481 is added to Chapter 31 of the Butte
County Code to read as follows:
Section 31-11.481. "Service Roads" means public roads and highways
constructed and maintained by any city, the County, State or federal
government, as well as private roads and driveways meeting the
!standards for fire equipment access as provided by Section 4290 of
the California Fublic Resources Code and implementing regulations in
Sections 1273.01 Road Width, 1273.02 Roadway Surface, 1.273.03,
Roadway Grades, 1.273.04 Roadway Radius, 1273.05 Roadway Turnarounds,
1273.07 Roadway Structures, 1273.08 One-Way Roads, and 1273.09 Dead-
End Roads, in Title 14 of the California Code of Regulations.
Section 10. Section 31-11.49, entitled "Solid Waste", of Chapter 31.
of the Butte County Code is amended to read as follows:
(Section 31-11.49, Solid Waste.
IA. "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, demolition and
construction wastes, abandoned vehicles and parts thereof, discarded
home and industrial appliances, dewatered, treated, or chemically
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fixed sewage sludge which is not hazardous waste, manure, vegetable
or animal solid and semisolid wastes, and other discarded solid and
semisolid wastes.
B, "Solid Waste" does not include any of the following wastes:
(1} Hazardous waste, as defined in Public Resources Cade Section
40141.
{2) Radioactive waste regulated pursuant to the Radiation
Control Law (Chapter 8 (commencing with Section 114960) of Bart 9 of
division 104 of the Health and Safety Code).
(3) Medical waste regulated pursuant to the Medical waste
Management Act (Bart 14 (commencing with Section 3.].7600) of Division
104 of the Health and Safety Code).
Section 13.. Section 31-11.891 is added to Chapter 31 of the Butte
County Code to read as follows:
Section 31-11.491,. "Solid tiVaste Facility or Facilities" means a
'facility for managing Solid waste, including, but not limited to: a
transfer station for transferring Solid Waste directly from smaller
to larger vehicles for transport; a processing facility for reducing,
separating, recovering, or converting Solid Waste; a recycling
facility for collecting, sorting, cleansing, treating or
reconstituting materials that would otherwise become Solid Waste and
returning them to the economic mainstream in the form of raw material
for new, reused or reconstituted products; a composting facility; a
biomass conversion facility; a Solid Waste landfill; or a
transformation facility.
Section 12. Section 31-11.541 is added to Chapter 31 of the Butte
County Cade to read as follows:
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Section 3 5. -15, .541. "iTncontrollable Circumstances" means a~n:y act ,
event or condition beyond the reasonable control of a Licensee and
not the result of the Licensee`s willful or negligent action ar
inaction, which materially and adversely affects the ability of the
Licensee to perform.
Section 13. Section 31-26 of Chapter 31 of the Butte County Code is
amended to read as follows:
Section 31.-26. License Expiration. Notwithstanding Sections 31-24.1
and 31-24.2 of this Chapter, all licenses shall be issued for a
period of one year commencing the first day of March and ending on
the last day-of February of the following calendar year and shall be
renewed pursuant to Section 31-27.
Section 14. Section 31--35 of Chapter 31 of the Butte County Code is
amended to read as follows:
Section 31-35. Performance Standards. The Solid Waste collector
Licensee shall comply with the following minimum performance
standards as a condition of obtaining, maintaining, or renewing a
Solid Waste and/or Recyclable Materials collection license.
A. Waste Collection and Recycling Plan
Each Licensee shall prepare a Waste Collection and Recycling
Plan complying with the requirements of subsection H of this
Section and depicting how a minimum of fifteen percent (15%?
waste diversion goal will be met with the Licensee's recycling
programs in the future and shall include a recycling report
certifying that the diversion goal in the Licensee's previous
Plan. has been met. Said compliance report shall detail the
programs and the amount and type of materials diverted. Minimum
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waste diversion goals shall be reviewed annually by the Board of
Supervisors and may be changed by the 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=Materials Recycled (tons).
Total Waste Generated(tons)
B. Reporting.
Each Licensee shall prepare and submit quarterly Recycling
Reports, on a form approved by the County SWM. Said Reports
shall specify the weight (by type} of waste collected, the
weight (by type) of materials recycled, and a summary of the
Licensee's efforts and progress made towards achieving goals
identified in the Licensee's Waste Collection and Recycling
Plan.
C. Community Service Requirements.
Each Licensee shall provide a minimum of two {2) free cleanup
events annually, as directed or approved by the County SWM
Each Licensee shall annually collect a minimum of ten (10) of
Solid Waste or 1% of the weight of the Solid Waste the Licensee
collected in the previous year, whichever is greater, and shall
dispose of such Solid Waste as specified in subsection H of this
Section. The Licensee is responsible to provide all labor and
pay all Solid Waste Facility charges for such cleanup events.
The Licensee shall provide documentation to the SWM of the
times, locations, tonnage of solid waste collected, and types
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of materials recovered. Each Licensee shall indicate in its
Waste Collection and Recycling Plan and quarterly reports the
times, locations, and dates of proposed cleanup events and the
manner in which notice of the cleanup events will be given to
the public.
Each Licensee will use reasonable efforts to recover Recyclable
Materials received during cleanup events and community cleanup
programs.
D. Collection Requirements. -
Each Licensee shall conform with the following conditions:
1. a. Except as provided in subdivision 2, and unless
otherwise ordered by the Director, every Licensee
shall provide not less than one regular weekly
collection of Solid Wastes to all commercial
Customers. Non-putrescible materials which have been
segregated from other wastes for- the purpose of
Recycling and which have been properly stared or
contained, may be collected less frequently than
weekly, as agreed to by the Licensee and commercial
Customer.
b. Every Licensee shall provide not less than one
regular weekly collection of solid wastes set out for
collection within ten (10) feet of Service Roads by
any residential Customer, without discrimination as
to place of residence or location within the County.
c. Every Licensee may, but is not obligated, to
provide such collection of Solid Wastes set out far
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collection along Non-Service Roads, and may, in such
event, require the residential Customer to sign a
waiver of damage liability or indemnification or both
in a form approved by the County. Every Licensee
will use reasonable efforts to reach agreement with
persons owning or occupying real property along Non-
Service Roads, including said person`s setting Solid
Waste out for collection at a mutually acceptable
location or paying extra charges.
d. Licensees may offer variable can collection rates
to Customers who generate small volumes of Solid
Waste.
2. No Licensee shall collect Solid Wastes or Recyclable
Materials within 500 feet of an area zoned for
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.
3. Changed Schedule The Licensee shall provide
Customers with advance written notice of changes in
Customer`s scheduled day of regular collection or
other service or billing changes in Customer's
collection services bill immediately preceding that
change or by separate notice sent by first class mail
30 days in advance of the change.
4. Delivery. Within 7 days of receiving a Customer`s
oral or written request far services, following
execution of a subscription order, the Licensee shall
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provide and deliver, without charge to the Customer,
the Customer's choice of the Licensee's Containers,
unless the Customer has his or her awn Containers
acceptable to the Licensee.
5. Termination of service. Upon oral or written '',
direction of any Customer, every Licensee will cease
providing service promptly or at any other time
specified by that Customer, without penalty.
6. Container Pick up. On a Customer's next regularly
scheduled collection day, after receiving oral or
written direction from that Customer to discontinue
Services, but no later than seven days thereafter,
the Licensee wi11 pick up and remove, without charge,
Licensee's Containers.
7. Exchange. Upon oral or written direction to the
Licensee, the Customer may exchange without charge
Licensee's Containers for different sizes, add extra
Licensee's Containers or reduce the number of
Licensee's Containers. Licensee will exchange,
deliver or remove Licensee's Containers in accordance
with the Customer's request no later than that
Customer's next regularly scheduled collection day
following receipt of that request but no later than
seven days thereafter.
8. Push Services. At the request of any residential
Customer who provides a letter from a medical doctor or
doctors attesting that no one residing in the residence
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has the physical ability to bring Containers to the
place of collection, the Licensee will provide Push
Services, without additional charge to the Customer. At
the request of any other Customer, the Licensee wi11
provide Push Services, and may bill that Customer extra
for those services. At least annually, the Licensee
will provide Customers with notice of available Push
Services and charges for those Services.
9. Service Standards.
a. General. The Licensee wi11 perform all services in
a prompt, thorough, reliable, courteous and professional
manner consistent with municipal solid waste collection
industry standards so that Customers receive high-
quality service at all times, subject to the exceptions
set forth in sub-section 10 below and Uncontrollable
Circumstances. If Uncontrollable Circumstances preclude
the Licensee's timely performing Services, the Licensee
will resume services on the first scheduled regular
collection day following cessation of those
Uncontrollable Circumstances, including collection of
Solid Waste accumulated during the continuance of those
Uncontrollable Circumstances.
b. Litter. The Licensee wi11 use due care to prevent
Solid Waste from being (1) spilled or scattered during
collection and transportation, including during removal
and dumping of Containers' contents into the collection
vehicle, and (2} tracked onto any alley, street, road or
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highway by vehicles. The Licensee will not transfer
loads from one vehicle to another on any a11ey, street,
road or highway unless necessitated by mechanical
failure or accidental damage to a vehicle. The Licensee
will immediately clean up any Solid Waste that it spills
or scatters. Each collection vehicle will carry a broom
and shovel at all times for this purpose. Tf the
Licensee fails to clean up that Solid Waste within 24
hours' oral or written notice by County, County may
clean up or cause to be cleaned up that Solid Waste and
Licensee shall reimburse County for County's clean- up
costs. The Licensee is responsible far paying any fees,
surcharges or other levies for improperly covering loads
charged by the operator of any Solid Waste Facility or
other entity.
c. Respect for Property.
(1) Fixtures and Personalty. Licensee's employees
shall use due care in entering and exiting Customers'
property or enclosures and shall use paved walks,
driveways or surfaces where practicable.
(2) Containers. Licensee will handle Containers with
due care. Licensee will return Containers to within 5
feet of the location from which the Licensee picked them
up, in an upright position, with lids properly and fully
secured. Licensee will not place Containers where they
will obstruct any passable driveway, sidewalk, street or
highway.
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d. Missed Collection. Licensee will provide a special
pickup or other corrective action. acceptable to a
Customer within 24 hours (Saturdays, Sundays and
Holidays excepted) of oral or written notice to the
Licensee of a missed scheduled collection at no charge I'
to the Customer. If the Licensee does not timely
provide that special collection, County may perform the
collection or cause the collection to be performed by
a third party, and the Licensee shall reimburse County
for its casts for such collection.
10. Service Exceptions. The Licensee need not collect Solid
Waste upon the occurrence of the events or in the
circumstances described in this sub-section. In these
events or circumstances, other than non-payment,
Licensee will complete and leave a non-collection notice
securely attached to the Container it does not collect,
describing at a minimum the date and time given, the
address of the premises, the reason for the non-
collection, and the manner in which materials should be
prepared for collection.
a. Waste Not Properly Placed in Containers. Licensee
need not Collect any Solid Waste placed outside a
Container.
b. Overweight Containers. Licensee need not manually
collect Customer Containers that are cans which cannot
be dumped mechanically and which, together with the
contents of those Containers, weigh more than 55 pounds.
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Licensee need not collect bin or roll-off Containers, ~
which together with the Vehicle, exceed the legal weight
limit for Vehicles under Applicable Law. Licensee will
first notify Customer, by tag attached to the Container
or other means, that Customer must remove Solid Waste to
reduce the weight of those Containers to Legal limits.
Thereafter, Licensee may remove that Solid Waste from
Licensee's Containers and charge Customer a specified
fee, as listed in the Licensee's rates, a copy of which
must be supplied to the Customer at or before the time
of Container delivery.
c. Container Placed Along Non-Service Road. Licensee
need not collect any Container placed along any Non-
Service Road, unless the Licensee has reached agreement
with the Customer who has set the Container out for
collection and the Customer is in compliance with the
terms of the agreement.
d. Unsafe Condition. Licensee need not collect
Containers if Licensee determines that any condition at
or near those Containers presents a health or safety
threat to Licensee's employees. Licensee will promptly
notify the affected Customer of those threats. Licensee
may discontinue collection for that Customer until
Customer eliminates those threats.
e. Hazardous Waste or Unsafe Materials. Licensee need
not collect Containers if Licensee has reason to believe
they contain Hazardous Waste, materials not accepted at
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the designated Solid waste Facility or Facilities, or
other materials that present a health or safety threat
to Licensee's employees. Licensee will promptly notify
the Customer that the Container contains such waste or
materials and shall provide that Customer with written
information about the proper methods for handling and
disposal thereof. If the Hazardous Waste or other
materials could cause imminent danger to persons or
property, Licensee wi11 immediately report the matter to
the fire department which has jurisdiction.
f. Nonpayment. Licensee need not collect Containers,
and may repossess Licensee's Containers, if Customer
does not pay its bill by the last day of a billing
period.
11. Customers' Bill of Rights. Before commencing services
Licensee will provide all Customers with a written
subscription order, including the applicable service
rates, pick-up location, pick-up day, and a description
of Customers' rights, in a farm approved by the County
SWM.
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.
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2. Solid waste equipment and vehicles shall only be parked
or 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.
3. All Containers used for the collection, transportation,
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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 Solid Waste or
Recyclable Materials from the Containers during
collection and transportation. All Containers shall be
maintained in good condition and cleaned in a frequency
and in a manner so as to prevent the propagation or
attraction of flies, rodents or other vectors and the
creation of nuisances. Such cleaning shall be performed
by the Licensee or by the Customer, if so provided in
the applicable service contract. All Containers shall
be clearly marked on each side with the name and
telephone number of the Licensee
4. Every collection vehicle used by the Licensee for
collecting and disposing of Solid Waste shall be
designed and/or suitable for the collection of Solid
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Waste and shall comply with the provisions of all
applicable laws, including this Code. All such
vehicles shall be kept painted on the exterior, shall
be maintained in good, safe and clean condition. There
shall be displayed on each side of each vehicle the
Licensee's business name, telephone number, the vehicle
number and the words "County License No. ," in
letters not less than four (4} nor mare than twelve
(~.2} inches in height. The LEA may suspend any
collection vehicle from operating if the collection
vehicle does not meet the safety and health
requirements identified under the Vehicle Code, the
Health and Safety Code, and this Chapter.
5. Solid Waste shall be loaded on vehicles so that none of
it falls, drops, or spills upon the ground, and it
should be protected from wind and rain. A shovel,
broom, and fire extinguisher shall be kept on each
vehicle at all times.
6. A Licensee shall provide written notice and a
description of newly acquired Solid Waste collection
vehicles (including make, model and identification
number} to the LEA within fourteen (14} days after
acquisition of the vehicle.
7. The LEA shall inspect all Solid Waste collection
vehicles and transfer bins at the time license
application is filed and shall inspect all collection
vehicles including newly acquired collection vehicles
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at a minimum of once per year thereafter. Requests for
annual inspection shall be made by the LEA two (2)
weeks in advance.
F. Separation of Recyclable Materials.
Licensee will not segregate, separate or remove any
Recyclable Materials from Solid Waste, unless approved by
County in County's sole discretion.
G. Maintenance of Storage Containers by Licensee.
Where the Licensee furnishes reusable storage Containers for
Solid Waste, 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. Licensees shall deliver all Solid Waste they collect to
a Solid Waste Facility or Facilities in Butte County owned
by the County and designated by County's SWM. Provided,
however, Licensees may deliver Solid Waste they collect to
a Solid Waste Facility located in another state of the
United States outside the State of California that is in
full compliance with the laws and regulations applicable to
that Facility.
2. zt 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.
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Each day of violation shall be counted as a separate
offense .
3. Licensee will observe and comply with all regulations
applicable to Licensee in effect a.nd pasted at the
designated Solid Waste Facility or Facilities or otherwise
provided to Licensee and will coordinate deliveries with the
schedule of the Solid Waste Facility or Facilities.
Licensee will at all times deliver and discharge materials
and exit in accordance with standard disposal facility
practices.
Y. No Discrimination. Licensee shall not discriminate against
Customers entitled to Solid Waste collection on account of
race, color, national origin, ancestry, religion, sex, age,
sexual orientation, marital status, physical handicap or
medical condition, place of residence within the County, or
as otherwise prohibited by and in accordance with
applicable law.
J. Commingling of Solid Waste. Licensee may commingle Solid
Waste collected in the incorporated areas of the County with
Solid Waste collected in the unincorporated area of the
County.
K. Customer Service.
1. Licensee will maintain a local telephone number, toll-
free to Customers, at least during Office Hours. Licensee
will list that telephone number under Licensee's name in
County telephone directories (white pages and yellow pages)
and print it on Customers' bills. Licensee will provide an
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answering machine or answering service to take reports of
missed pick-ups and other complaints which are received
outside of Office Hours.
(2)Customer Service Representatives. Licensee will train its
Customer service representatives. Licensee will authorize
Customer service representatives to resolve complaints and
disputes or to have immediate access by phone or in person to
someone authorized to do so.
Section 11. Section 31-50.1 is added to the Butte County Code to
read as follow;
11` Section 31-50 . ~.. Improper Placemez~.t of Containers . No person shall
12 place a Container in a position that will obstruct public streets,
13 public sidewalks, or any public or private driveway. Containers shall
14 not be set out far collection within ten (10) feet of Service Roads
15 or along Non-Service Roads more than twelve hours in advance of the
16 scheduled day of regular collection and shall not be permitted to
17 remain in the collection location more than twenty-four hours after
18 collection.
19 Section 12. Section 26-12 of Chapter 26, entitled "Buildings", of the
20 Butte County Code is amended to read as follows:
21 "Section 26-12. Improvement requirements - Urban areas.
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When a building permit far a new building or other permits required
for modular buildings or mobile homes are required for commercial or
industrial uses or for multiple living unit uses having three (3) or
more living units per parcel, and the project involved falls within
one of the urban areas described in section 26--11, in addition to all
other requirements set forth in the Uniform Building Code as amended
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1 and adopted by reference in this chapter, the following shall be
2 required:
3 (1) The construction of curbs, gutters, sidewalks or walkways,
4 public roads, proper access from public roads, and drainage
5 facilities;
6 {2) Dedication of any necessary rights-of-way,-
7 (3) The construction of an enclosure for Containers used to hold
8 Solid Waste and/or Recyclable Materials for collection.
9 The technical standards and specifications of the aforesaid
10 improvements shall be as provided for subdivisions in Chapter 20 of
11 the Butte County Code and a resolution or resolutions of standards
12 adopted pursuant thereto. The Butte County Department of Public Works
13 shall determine and approve the grade, width and location of all
14 required improvements on county roads from surveys or other
15 information submitted by the developer's engineer or from file
16 information if available. Any relocation caused by county alignment
17 or grade changes for future road construction shall be the
i8 responsibility of the county.
19 Section 13. Section 26-12.1 of Chapter 26, entitled "Buildings", of
20 the Butte County Code is amended to read as follows:
21 "Section 26-Z2 ,1. Same - Rural areas.
22 When a building permit for a new building or other permits required
23 for modular buildings or mobile homes are required for commercial or
24 industrial uses or for multiple living unit uses having three {3) or
z5 more living units per parcel, and the project involved falls outside
Zb one of the urban areas described in section 26-11, in addition to all
27 other requirements set forth in the Uniform Building Code as amended
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1 and adopted by reference in this chapter, the following shall be
2 required:
3 (1) The construction of the public roads, proper access from public
4 roads, and drainage facilities;
5 (2) Dedication of any necessary rights-of-way; and
6 (3) The construction of an enclosure for Containers used to hold
7 Solid Waste and/or Recyclable Materials for collection.
8 The technical standards and specifications of the aforesaid
9 improvements shall be as provided for subdivisions in Chapter 24 of
10 the Butte County Code and a resolution or resolutions of standards
11 adopted pursuant thereto. The Butte County Department of Public Works
12 shall determine and approve the grade, width and location of all
13 required improvements on county roads from surveys or other
14 information submitted by the developer's engineer ar from file
15 in.formatian if available. Any relocation caused by county alignment
16 or grade changes for future road construction shall be the
17 responsibility of the county.
18 Section 14: Severability. If any provision of this Ordinance or the
19 application thereof to any person or circumstances is for any reason
20 held to be invalid by a court of competent jurisdiction, such
21 provision shall be deemed severable, and the invalidity thereof shall
22 not affect the remaining provisions or applications of the Ordinance
23 which can be given effect without the invalid provision or application
24 thereof.
25 Section 15. CEQA Findings. The Board finds, pursuant to Chapter 14 of
26 the California Code of Regulations ("CCR"), Section 15378, that this
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finance is exempt from the requirements of the California
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environmental Quality Act (CEQA) for the following reasons, each of
which is independently sufficient as a basis of exemption:
A. It is not a Project as provided by the Act, in that it does
not have a potential for resulting in a detrimental physical
change in the environment or a reasonably foreseeable indirect
physical change in the environment, as provided in 14 CCR
Section 15378 (a);
B. Tt is further exempt under the definition of "Project" in 14
CCR 15378 (b) (2) in that it concerns general policy and
procedure making;
C. It can be seen with certainty that there is no possibility
that adoption of this ordinance may have a significant effect
upon the environment pursuant to 14 CCR 15061 (b) (3); and
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1 D. Adoption of this ordinance is an action by a regulatory agency
2 that will both enhance anal protect the environment and is therefore
3 categorically exempt pursuant to 14 CCR 15308.
4 Section 16: Effective Date; Publication. This Ordinance shall take
5 effect thirty (30} days after the date of its passage. The Clerk of
6 the Board of Supervisors is authorized and directed to publish this
~ ordinance before the expiration of fifteen (~.5) days after its
$ passage. This Ordinance shall be published once, with the names of
9 the members of the Board of Supervisors voting for and against it, in
10 the Chico Enter rise-Record , a newspaper of general
11 circulation published in the County of Butte, State of California.
12 PASSED AND ADOPTED by the Board of Supervisors of the County of
13 Butte, State of California, on the 11th day of F'ebruar ,
14 2003, by the following vote:
15 AYES: Supervisors Dolan, Houx, Josiassen, Yamaguchi and Chair Beeler
16 NOES : None
1~ ABSENT: None
18 NOT VOTING : None
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20 ATTEST:
21 PAUL McINTOSH
22 Chief Administrative Officer and
Clerk of the hoar
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