HomeMy WebLinkAbout3889~~
1
2
3
4
5
6
7
8
9
l0
11
12
13
14
15
15
17
1$
19
20
21
22
23
24
25
Ordinance Na. 3889
AN ORDINANCE AMENDING ARTICLE VII OF CHAPTER 3
OF THE BUTTE COUNTY CODE
ADJUSTING SPECIFIC GATE FEES CHARGEABLE AT THE
HEAL ROAD SANITARY LANDFILL
The Board of Supervisors of the County of Butte ordains as follows:
Section 1. Findings.
The Board of Supervisors makes the following fmdings:
{A}The California Integrated Waste Management Act of 1989 (Division 30 of the Public
Resources Code, 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 landf lls 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 tc
significantly increase the costs of operating, maintaining, and designing of the Nea]
Road Sanitary Landfill and the costs of implementing the Solid Waste and Recycling
Element of the General Plan and the County-Wide Integrated Waste Managemen~
Plan.
-1-
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 requirement:
3 imposed by said State and Federal laws and regulations, and the Solid Waste anc
4 Recycling Element of the General Plan and the County-Wide Integrated WastE
5 Management Plan.
6 (F) Said Neal Road Sanitary Landfill gate fees do not currently include amount.
7 sufficient to recover all costs far the design, operation and maintenance of the
S landf ll, and the costs of implementing said County plans.
9 (G) A study has been conducted, and data prepared indicating the estimated costs require
l0 to address the quantity of Freon containing devices will not support commercia
11 volumes as currently being brought to the landfill. Additionally, the charge fo
12 recycling of cut tires will not support the costs incurred to properly cover the volume
t3 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 hearing has been duly noticed and held on November 30, 2044, pursuant t~
17 the 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 is
21 said study would not exceed the costs of designing, operating and maintaining th
22 Neal Road Sanitary Landfill in accordance with said State and Federal laws and th
23 casts of implementing the County-Wide Integrated Waste Management Plan, and it i
24 necessary to impose such fees to fully fund such costs.
25
ii
1
2
3
4
5
6
7
S
9
10
11
lz
i3
14
1S
16
17
18
19
20
21
22
23
24
25
(K) The fees proposed by said study, fees necessary to fully fund the casts 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 Jntegr,
Waste Management Plan are set forth below.
Section 2.
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 7S0 lbs. net weight $27.351ton
COMMERCIAL HAULERS
All loads, including construction and demolition debris, bulky items
{excluding tires, balling wire and stumps)
GREEN WASTE (Minimum fee} (8001bs. or less)
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 with Freon must be certif ed as FrEOn-free.
$27.351ton
$5.00
$5.00 far 8001bs. or
$12.OOIton
$S.OOlton
$S.OOlton
$6.00/item
-3-
1
2
3
4
5
b
7'
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
FREON CONTAINING UNITS (Limit 2lvisit) $15.00/item
Refrigerators, fxeezers, air-conditioning units, ice makers. $30.00/item after 2
CATHODE RAY TUBES 1St free,
Televisions and computer monitors $5.54 each additional
STUMPS (Measured above the root ball)
Less than 24" trunk diameter $10.00/stump
Greater than 24" trunk diameter (+ Special Handling} $27.35/ton
TIRES {Limit 9 tires per vehicle unless accompanied by Waste Tire Manifest)
Up to 3b" O.D. $2.00/tire
36" to 48" O.D. $4.OOltire
48" to 60" O.D. $13.OOltire
Over 60" or large loads of whole or cut tires (split, sliced or quartered) $140.00/ton
Tires with rims are charged double price.
SEPTAGE $18.61/ton
SPECIAL HANDLING {asbestos, large stumps, or other
loads requiring immediate cover} $60.00/load
Section 3. SeverabiIity_.
If any provision of this Ordinance ar the application thereof to any person o:
circumstances is for any reason held to be invalid by a court of competent jurisdiction, sucl
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 invalic
provision or application thereof.
-4-
1
2
3
4
5
6
7
8
9
10
li I
lz
13
14
15
16
17C
18
19
zo
zl
22
23
24
25
Section 4. Effective Date and Publication.
This Ordinance shall take effect February 1, 2004. The Clerk of the Board of Supervisc
is authorized and directed to publish this ordinance before the expiration of fifteen (15) d2
after its passage. This Ordinance shall be published once, with the names of the members of 1
Board of Supervisors voting for and against it, in the Chico Enterprise Record, a newspaper
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
California, on the 30th day of November, 2004, by the following vote:
AYES: Supervisors Dolan, Roux, Yamaguchi and Chair Beeler
NOES: None
ABSENT: Supervisor .Tosiassen
NOT VOTING: None ,-, ~) ~
R.r. Beeler, Chair of the
Butte County Board of Supervisors
ATTESTf,
Pa McIntosh; Chef Administrative Off cer and
Clerk of the Board
-5-