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HomeMy WebLinkAbout3859Ordinance No. 3859 AN ORDINANCE REINSERTING AMENDMENTS TO SECTION 31-35 OF THE BUTTE COUNTY CODE WHICH WERE INTRODUCED AT THE JANUARY 2$, 2003 OF THE BOARD OF SUPERVISORS MEETING AND THEN INADVERTENTLY DELETED BY STAFF PRIOR TO THE FEBRUARY 11, 2003 MEETING OF THE BOARD OF SUPERVISORS 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 shall prepare a Waste Collection and Recycling Plan complying with the requirements of subsection H of this Section and depicting how a minimum of twenty (20) percent 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 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 (tans) 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. Tf 1% of the weight of the Solid 2 Waste the Licensee collected in the previous year exceeds ten (10) tons, the Licensee shall make a good faith effort to collect Solid Waste in an amount up to said 1%. The Licensee shall dispose of such collected 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 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 3 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. b. Every Licensee shall provide not less than one (1} 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 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 farm 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 shall offer variable e~ collection rates 4 to Customers who generate small volumes of Solid Waste. Notwithstanding any provision to the contrary in this Chapter, including but not limited to the provisions of sections 31-11.141, 31-35 D 10a, 31-35 E3, and 31--35 G, Collection Bags may be sold or otherwise provided by a Licensee for use by residential customers for the disposal of Solid Waste, as follows: (1} Such bags sold or otherwise provided by the Licensee shall be picked up by the Licensee when closed and tied and set out for collection. (2} The frequency of collection shall be as specified in Section 31--35 D 1a.2, No licensee shall collect solid wastes or recyclable materials within five hundred (5 0 0 ) 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 5 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 (30) 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. 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 (7) days thereafter, the licensee will pick up and remove, without charge, licensee's containers. 6 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 shall provide customers with notice of available push services and charges for those services. 9. Service Standards. a. General. The licensee will perform all services in a 7 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 subsection ~0 below and uncontrollable circumstances. Tf 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 wi11 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 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. 9 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. Tf 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 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. 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 Nat Properly Placed in Containers. Licensee need not collect any solid waste placed outside a container. 10 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 aff 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 1~ 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 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 far handling and disposal thereof. If the hazardous waste or other materials could cause imminent 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. 12 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 form 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. 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, 13 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. A11 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 waste and shall comply with the provisions of all applicable laws, including this Code. A11 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, 14 telephone number, the vehicle number and the words "County License No. ," in letters not less than four (4) nor more 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 Cade, the Health and Safety Cade, and this Chapter. 5. Solid waste sha11 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 at a minimum of once per year thereafter. Requests for l.5 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 far 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, except that Licensees may deliver Solid Waste to a recycling facility associated with a County approved recycling program, provided that residual Solid Waste is delivered to a Solid Waste Facility or Facilities in Butte County owned by the County and designated by 16 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 ten thousand dollar ($10,000.00) fine and sha11 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. I. No Discrimination. Licensee shall not discriminate against customers entitled to solid waste collection on account of race, color, national origin, ancestry, 17 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 Iaw. 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. ~. 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 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." 18 Section 2. Severability. 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. 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 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 2bth day of ~9 Au ust 2003 by the following vote: AYES: Supervisors Dolan, Houx, 3oszassen, Xaznaguchi and Chair Beeler NOES : None ABSENT : None NOT VOTTNG : None R.J. BEELER, Chair of the Butte County Board of Supervisors ATTEST: PAUL McTNTOSH, Chief Administrative Officer and Clerk of the Board A_ /~ _ 3 g:\ordi7lance\3i-35 cleanu~~amendment 20