HomeMy WebLinkAbout3885Ordinance No. 3$$5
1 AN ORDINANCE AMENDING ARTICLE VII OF CHAPTER 3
2 OF THE BUTTE COUNTY CODE
3 ADJUSTING SPECIFIC GATE FEES CHARGEABLE AT THE
4 HEAL ROAD SANITARY LANDFILL
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6 The Board of Supervisors of the County of Butte ordains as follows:
7 Section 1. Findings.
8 The Board of Supervisors makes the following findings:
9 {A) The California Integrated Waste Management Act of 1989 (Division 30 of the Public
z0 Resources Code, commencing with Section 40000}, requires the County to adopt an
11 implement aCounty--Wide Integrated Waste Management Plan and Public Resource
12 Code Section 41901 authorizes the County to impose fees suffcient to pay the cost
13 of preparing, adopting and implementing said plan.
14 (B}Federal laws and regulations, including but not limited to the Subtitle D Amendment
15 to the Resource Conservation and Recovery Act of 1976 and 40 Code of Federa
l6 Regulations, Parts 2S7 and 258, have required extensive changes in operation
17 maintenance, and design of landfills in the State of California.
18 {C}The purpose of said laws and regulations is to prevent waste discharges to land, an
19 to protect.surface and ground waters, air quality, and the public health and safety.
20 {D) Ongoing compliance with said laws and regulations has increased and continues t
21 significantly increase the costs of operating, maintaining, and designing of the Nea
22 Road Sanitary Landf ll and the costs of implementing the Solid Waste and Recyclin
z3 Element of the General Plan and the County-Wide Integrated Waste Managemen
24 Plan.
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1 {E} Revenue raised from gate fees charged at the Neal Road Sanitary Landfill constitute;
2 virtually all of the revenue available to the County to fund operating requixement;
3 imposed by said State and Federal laws and regulations, and the Solid Waste ans
4 Recycling Element of the General Plan and the County-Wide Integrated Wasti
5 Management Plan.
6 {F} Said Neal Road Sanitary Landfill gate fees do not currently include amount,
7 sufficient to recover all casts for the design, operation and maintenance of thi
s landfill, and the costs of implementing sand County pions.
9 (G) A study has been conducted, and data prepared indicating the estimated costs requires
I6 to address the quantity of Freon containing devices will not support commercia
1 ~ volumes as currently being brought to the landfill. Additionally, the chaxge fo
12 recycling of cut tires will not support the costs incurred to properly cover the volume
i 3 received.
14 (H) Said study and a proposed fee schedule have been made available to the public a
15 required by law.
16 (I} A public bearing bas been duly noticed and held on July 13, 2004, pursuant to the
17 requirements of Government Code Section 66016, to consider said study and ;
18 proposed fee schedule, and to receive and consider oral and written presentation
19 pertaining thereto.
20 (J) Said study indicates that revenue which would be generated by the fees proposed i~
21 said study would not exceed the costs of designing, operating and maintaining the
22 Neal Road Sanitary Landfill in accordance with said State and Federal Iaws and th{
23 costs of implementing the County-Wide Integrated Waste Management Plan, and it i
24 necessary to impose such fees to fully fund such costs.
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(K) The fees proposed by said study, fees necessary to fully fund the costs of design
operating and maintaining the Neal Road Sanitary Landfill in accordance with
State and Federal law, and the costs of implementing the County-Wide Tntegr;
Waste Management Plan are set forth below.
Section 3-71 of the Butte County Code is amended to read as follows:
ITEMS Disposal Fee
SELF HAUL VEHICLES
Minimum charge per vehicle, up to 7501bs. $9.00 per vehicle
All other vehicles over 750 lbs. net weight $24.00/ton
COMMERCIAL HAULERS
All loads, including construction and demolition debris, bullcy items
(excluding tires, bailing wire and stumps)
GREEN WASTE (Minimum fee) {$00 lbs. or less)
Must be free of litter and contaminants
WOOD WASTE {Minimum fee)
Must be free of litter, f xtures, 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
SULKY ITEMS
Mattresses, box springs, furniture, caapet, appliances.
Appliances with Freon must be certified as Freon-free.
$24.00/ton
$5.00
$5.00 for S00 Ibs. or
$12.p4/ton
$S.OOlton
$5.00/ton
$6.OOlitem
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1 FREON CONTAINING iJNITS (Limit 2/visit) $1.5.001item
2 Refrigerators, freezers, air-conditioning units, ice makers. $30.OOlitem after 2
3 CATHODE RAY TUBES 15` free,
4 Televisions and computer monitors $5.50 each additional
5 STUMPS (Measured above the root ball}
6 Less than 24" trunk diameter $10.001stump
7 Greater than 24" trunk diameter (+ Special Handling} $24.OOlton
8 TIRES (Limit 9 tires per vehicle unless accompanied by Waste Tire Manifest)
9 Up to 36" O.D. $2.OOltire
to 36" to 48" O.D. $4.OOltire
I I 48" to d0" O.D. $13.00/tire
12 Over 60" or large loads of whole or cut tires (split, sliced or quartered) $140.00/ton
t3 Tires with rims are charged double price.
14 Section 3. Severabilit~.
15 If any provision of this Ordinance or the application thereof to any person o~
16 circumstances is for any reason held to be invalid by a court of competent jurisdiction, suc1-
17 provision shall be deemed severable, and the invalidity thereof shall not affect the remaining
18 provisions or other applications of the Ordinance which can be given effect without the invalic
19 provision or application thereof.
20 Section 4. Effective Date and Publication.
21 This Ordinance shall take effect thirty (30) days after the date of its passage. The Clerk
22 of the Board of Supervisors is authorized and directed to publish this ordinance before the
23 expiration of fifteen (15) days after its passage. This Ordinance shall be published once, with the
24 names of the members of the Board of Supervisors voting for and against it, in the Chicc
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1 Enterprise Record, a newspaper of general circulation published in the County of Butte, State
2 California.
3 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State
4 California, on the 28th day of September 2004 by the following vote:
5 AYES: Supervisors Dolan, Houx, Josiassen, Yamaguchi and Chair Beeler
6 NOES: None
7 ABSENT: Nane
8 NOT VOTING: None
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10 R.J. Beeler Chair of the
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12 ATTEST:
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14 Paul McIntosh, Chief Administrative Officer and
15 Clerk of the Board..
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Butte County Board of Supervisors
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