HomeMy WebLinkAbout38631
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Ordinance No . 3863
AN ORDINANCE AMENDING ARTICLE VII OF CHAPTER 3 OF THE BUTTE COUNTY
CODE INCREASING GATE FEES CHARGEABLE AT THE NEAL ROAD SANITARY
LANDFILL AND REQUIRING ANNUAL REVIEW OF OPERATING EXPENSES
The Board of Supervisors of the County of Butte ordains as follows:
Section 1. Findings.
The Board of Supervisors makes the following findings:
(A) The California Integrated Waste Management Act of 1989
(Division 30 of the Public Resources Cade, commencing with Section
40000), requires the County to adopt and implement a county wide
integrated waste management plan and Public Resources Code Section
41901 authorizes the County to impose fees sufficient to pay the costs
of preparing, adopting and implementing said plan.
(B) Federal laws and regulations, including, but not limited to
the Subtitle D Amendments to the Resource Conservation and Recovery
Act of 1976 and 40 Code of Federal Regulations, Parts 257 and 258,
(have required extensive changes in operation, maintenance, and design
of landfills in the State of California.
(C) The purpose of said laws and regulations is to prevent waste
discharges to land and to protect surface and ground waters, air
quality, and the public health and safety.
(D) Ongoing compliance with said laws and regulations has
increased and continues to significantly increase the costs of
operating, maintaining, and designing of the Neal Road Landfill and
the costs of implementing the Solid Waste and Recycling Element of the
General Plan and the County-wide Integrated Waste Management Plan.
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{E} revenue raised from gate fees charged at the Neal Road
Sanitary Landfill constitutes virtually all of the revenue available
to the County to fund operating requirements imposed by said State and
federal laws and regulations and the Solid waste and Recycling Element
of the General Plan and the County-wide Integrated Waste Management
Plan.
(F) Said Neal Road Sanitary Landfill gate fees do not currently
include amounts sufficient to recover all costs for the design,
operation and maintenance of the landfill and the costs of
implementing said County plans.
(G) A study has been conducted and data prepared indicating the
estimated costs required to design, operate, and maintain the Neal
Road Landfill in accordance with State and Federal laws, and to
implement said County plans.
(H) Said study and a proposed fee schedule have been made'..
available to the public as required by law.
{I) A public hearing has been duly noticed and held on October
28, 2003, pursuant to the requirements of Government Code Section
66016, to consider said study and a proposed fee schedule and to
,receive and consider oral and written presentations pertaining
(thereto.
(J) Said study indicates that revenue which would be generated
by the fees proposed in said study would not exceed the costs of
designing, operating and maintaining the Neal Road Landfill in
accordance with said State and federal laws and the costs of
implementing the county wide integrated waste management plan, and it
is necessary to impose such fees to fully fund such costs.
(K) The fees proposed by said study, fees necessary to fully fund
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the costs of designing, operating and maintaining the Neal Road
Landfill in accordance with the State and Federal law and the costs
of implementing the county wide integrated waste management plan are
set forth below.
Section 2. Section 3-70 of the Butte County Code is amended to read
as follows:
"3-70 Payment of fee required; Annual Review of Fees.
(a) Gate fees charged at the Neal Road Sanitary Landfill
shall be paid by any person disposing of waste at the Neal
Road Sanitary Landfill. In no event will waste be disposed
of at the Neal Road Sanitary Landfill unless the applicable
fees are paid in full.
(b) Each fiscal year, the Director of Public Works
Department shall conduct a cost analysis study concerning
whether Solid Waste Enterprise Fund revenue is sufficient
to meet operating requirements pursuant to the Solid Waste
and Recycling Element of the General Plan and the County-
wide Integrated Waste Management Plan and report the
results to the Board of Supervisors. After considering the
results of said study, the Board of Supervisors shall
establish gate fees charged at the Neal Road Sanitary
Landfill by ordinance which correspond to the costs
identified in said study.
Section 3. Section 3-71 of the Butte County Code is amended to read
as follows:
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"3-7~. Gate fee schedule
ITEMS
SELF HAUL VEHICLES
Minimum charge per vehicle, up to 7501bs.
All other vehicles over 7501bs. net weight
COMMERCIAL HAULERS
All loads, including construction & demolition debris,
bulky items {excluding tires, baling wire & stumps)
GREEN WASTE
Minimum fee. Must be free of litter and contaminants
WOOD WASTE
Minimum fee. Must be free of litter, fixtures, sheetrock,
and other contaminants.
CLEAN FILL DIRT
No contaminants, litter, yard waste, or C&D debris
CLEAN ASPHALT OR CONCRETE
No contaminants, rebar, litter or C&D debris
BULKY ITEMS
Mattresses, box springs, furniture, carpet, appliances
Appliances wlfreon mus# be certified as freon-free.
FREON CONTAINING UNITS
Refrigerators, freezers, air-conditioning units, ice makers
CATHODE RAY TUBES
Televisions and computer monitors
STUMPS
Less than 24" trunk diameter*
Greater that 24" trunk diameter*,
`Measured above the root ball
TIRES Size
Up to 36" O.D.
36" to 48" O.D.
48" to 60" O.D.
Disposal l=ee
$9.00 per vehicle
$24.OOlton
$24.OOlton
$5.00 for 800 lbs.
or less.
$5.00 for 800 lbs.
or $12.00 per ton
$S.OOlton
$S.OOIton
$6.OOlitem
$15.OOlitem
1St Free,
Additional units
$5.501item
$10.OOlstump
$24.OOlton
+Special Handling
$2.OOltire
$4.OOIti re
$13.OOltire
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Over 60" or large loads $140.OOlton
Tires with rims are charged double price
Cut tires (spli#, sliced or quartered) $35.OOlton
LIMIT: 9 tires per vehicle unless accompanied by Waste Tire Manifest
SEPTAGE {revised March 15, 2001 } $18.611ton
SPECIAL HANDLING (asbestos, large stumps $60.OOIload
or other loads requiring immediate cover). By appointment only.
Section 4. 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 5. 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 Enter rise
Record , a newspaper of general circulation published in the
County of Butte, State of California.
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PARSED AND ADOPTED by the Board of Supervisors of the County
of Butte, State of California, on the 28th day of
October 2003, by the followixa.g vote:
AYES: Supervisors Dolan, Houx, J'osiassen, Yamaguchi. and Chair Beeler
NOES : None
ABSENT : None
NOT VOTING : None
ATTEST:
R. Beeler, Chair of the
Butte County Berard of Supervisors
PAIIL McINTOSH, Chief
Administrative Officer
and Clerk of the Board
B ,
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