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Ordinance No . 385b
AN ORDINANCE IMPOSING A 20o WASTE DIVERSION GOAL UPON SOLID WASTE
COLLECTOR LICENSEES
The Board of Supervisors of the County of Butte ordains as~
follows:
Section 1. Section 31-35 of the Butte County Code is amended to read
as follows:
" 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 sha11
prepare a Waste Collection and Recycling Plan complyira.g
with the requirements of subsection H of this Section and
depicting how a minimum of twenty (20) percent waste
diversion goal wi11 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 waste diversion goals shall be reviewed
annually by the Board of Supervisors and may be changed by
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the Board. Waste diversion progress will be determined by
applying the following formulas:
1.. Total Waste Generation = Waste Disposed (tans) +
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} tons of solid
waste or one (1) percent 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
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shall provide documentation to the SWM of the times,
locations, tonnage of solid waste collected, and types 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:
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
stored or contained, may be collected less frequently than
weekly, as agreed to by the licensee and commercial
customer.
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b. Every Licensee shall provide not less than one (1)
regular weekly collection of solid wastes set out for
collection within ten (IO) 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 for 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 five hundred 1500) 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.
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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 thirty {3 D) days in advance of the
change.
4. Delivery. Within seven {7) days of receiving a
customer's oral or written request for services, following
execution of a subscription order, the licensee shall
provide and deliver, without charge to the customer, the
customer's choice of the licensee's containers, unless the
customer has his or her own 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.
5. 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 (7} days thereafter, the licensee will
pick up and remove, without charge, licensee's containers.
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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 (7} 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 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 will 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
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industry standards so that customers receive high-quality
service at all times, subject to the exceptions set forth
in subsection 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 will 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 highway by
vehicles. The licensee will not transfer loads from one
vehicle to another on any alley, 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. If the licensee fails to clean up that solid waste
within twenty-four {24) hours' oral or written notice by
County, County may clean up or cause to be cleaned up that
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solid waste and licensee shall reimburse County for
County's clean up costs. The licensee is responsible for
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 five (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.
d. Missed Collection. Licensee will. provide a special
pickup or other corrective action acceptable to a customer
within twenty-four (24} hours (Saturdays, Sundays and
Holidays excepted) of oral or written notice to the
Licensee of a missed scheduled collection at no charge to
the customer. If the licensee does not timely provide that
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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 costs 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 subsection. .1n 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 far 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 fifty--five (55)
pounds. 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
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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 the
designated solid waste facility or facilities, or other
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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 immanent danger to persons or property,
licensee will 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.
1.1. 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 form approved by the County SWM.
E. Collection Equipment Standards.
]... Recycling bins may be either open or closed containers.
Open containers shall not become a public nuisance, as
determined by the LEA, and shah. 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,
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 coz~.structed
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 ar 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.
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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 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 (~) nor mare than
twelve (12) 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 (3.4) days after acquisition of
the vehicle.
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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 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 Couz~.ty 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
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United States outside the State of California that is in
full compliance with the laws and regulations applicable to
that facility.
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 ten thousand
dollar ($10, 000.00? fine and shall be grounds for immediate
revocation of the license. 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 and posted 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.
T. 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.
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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 1oca1 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
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 2. Section 31-45 of the Butte County Code is amended to read
gas follows:
"31-45 Failure to meet performance standaards.
1. Failure of the licensee to submit the report as
required, or licensee's failure to achieve a minimum of
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twenty (20) percent waste diversion through recycling
efforts, as defined in section 31.-35, performance
standards, may result in license review and possible
revocation of the license."
Section 3. Severabil_ty_._
If any provision of this Ordinance or the application thereof
to any person or circumstances is for any reason held to be invalid
by a court of competent jurisdiction, such provision shall be
deemed severable, and the invalidity thereof shall not affect the
remaining provisions or other applications of the Ordinance which
can be given effect without the invalid provision or application
thereof.
'iSection 4. Effective Date and Publication. This Ordinance shall
take effect on January 1, 2004. The Clerk of the Board of
Supervisors is authorized and directed to publish this ordinance
before the expiration of fifteen (15) days after its passage. This
Ordinance shall be published once, with the names of the members of
the Board of Supervisors voting for and against it, in the Enterprise
Record , 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 22nd day of
Sul 2003 by the following vote
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AYES: Supervisors Da1an, Houx, Josiassen, Yamaguchi and Chair Reeler
NOES : None
ABSENT : None
NOT VOTING: None `
R.J. HEELER, Chair of the
Butte County Board of Supervisors
ATTEST:
PAUL McZNTOSH, Chief
Administrative Officer
and Clerk of the Board
HY _ ~-4- -----
9=\ordinanca\3i-35 recycling
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