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Ordinance No. 39b9
AN ORDINANCE AMENDING CHAPTER 31, ENTITLED "SOLID WASTE
COLLECTION, MANAGEMENT AND RECYCLING," OF THE BUTTE COUNTY
CODE BY ADDING DEFINITIONS THERETO, INCREASING THE WASTE
DIVERSION GOAL AND REQUIRING SOLID WASTE COLLECTOR LICENSEES
TO OFFER CURBSIDE COLLECTION OF RECYCLABLE MATERIALS iN
IDENTIFIED RECYCLING ZONES
The Boazd of Supervisors of the County of Butte ordains as follows:
Section 1. Article II, entitled "Definitions," of Chapter 31, entitled "Solid Waste Collection,
~ Management and Recycling," of the Butte County Cade is amended by adding the following definition
~ sections thereto:
31-11.141.1. Carbside Recycling
"Curbside Recycling" is the collection of recyclable material {curbside program) set out for
collection within five (5) feet of service roads by any residential customer within a recycling
zone.
31-11.431. Recyclable Materials -curbside program. "Recyclable materials -- curbside
program" means those materials that are normally part of the solid waste stream which can
be segregated from non-recyclable waste and recycled as part of a curbside recycling
program, including but not limited to, aluminum cans, glass bottles and jars, metal cans,
plastic containers (mazked with a recyclable code number from 1 to 7), newspaper, mixed
paper (including magazines, junk mail, brown bags, white and colored paper}, and
corrugated cardboard.
31-11.432. Recycling Zones.
"Recycling Zones" are those unincorporated areas within the county that have residential dwelling
densities consistent with incorporated areas ofthe county and which therefore allow for collection
efficiencies. Recycling Zones are identified on Exhibit A attached to this Chapter 3 I and made
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a part hereof by this reference.
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Section 2. Section 31-35 of Article IV, entitled "Solid Waste Collector Licensee Requirements," of
Chapter 31, entitled "Solid Waste Collection, Management and Recycling," of the Butte County Code
is amended to read as follows:
31-35 Performance standards.
The solid waste collector Iicensee 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-three (23} percent in year 2448, and thereafter,
waste diversion percentage requirement will be met with the licensee's recycling
programs in the fitture 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 ofmaterials 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 (tonsl
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 identif ed irz the licensee's
Waste Collection and Recycling Plan.
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C. Community Service Requirements. Each licensee shall provide a minimum of two
(2) free cleanup events annually, as directed or approved by the county S WM. Each
licensee shall annually collect a minimum of ten (10} tons of solid waste. Tf one (1)
percent of the weight of the solid 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 one {1} percent. The licensee shall dispose of such collected
solid waste as specif ed 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 solid wastes
to all cazn.mercial 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 five (5) feet of service roads by any residential
customer, without discrimination as to place of residence or location within the county.
c. Beginning January 1, 2008, every licensee shall offer existing residential customers
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located within the unincorporated urban areas identified as recycling zones regular
curbside collection of recyclable materials set out in a recycling cart provided by the
licensee for collection within five {5} feet of service roads. For all new customers
located in the areas identified as recycling zones and subscribing to collection service
on ar after January 1, 2008, licensee shall provide regular curbside collection of
recyclable materials as part of the basic trash collection service and the charge for this
service shall be included in the base collection fee.
d. Beginning January 1, 2009, every licensee shall offer existing residential customers
located within the unincorporated urban areas identified as recycling zones regular
curbside collection of yard waste /green waste set out in a recycling cart provided by the
licensee for collection within five (5} feet of service roads. For all new customers
located in the areas identified as recycling zones anal subscribing to collection service
on or after January I, 2009, licensee shall provide regular curbside collection of yard
waste /green waste as part of the basic trash collection service and the charge for this
service shall be included in the base collection fee.
e. 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 ar indemnif cation 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.
f. Licensees shall offer variable collection rates 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 I Oa, 31-3 5 E3,
and 31-35 G, collection bags may be sold or otherwise provided by a licensee for use by
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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 1 a.2. No licensee
shall collect solid wastes or recyclable materials within five hundred {5D0) feet of an area
zoned for residential use earlier than 5:30 a.m. nor later than 5:00 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 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 f rst 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 far
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 awn 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.
7. Exchange. Upon oral or written direction to the licensee, the customer may exchange
without charge licensee's containers far 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
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customer's next regularly scheduled callection day following receipt of that request but
no later than seven (7) days thereafter.
8.1'ush 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 chazge to the customer. At the request of any other
customer, the licensee will provide push services, and may bill that customer extra for
thane 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 prompt, thorough, reliable,
courteous and professional manner consistent with municipal solid waste collection
industry standazds so that customers receive high-quality service at all times, subject to
the exceptions set Earth 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 callection 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. lfthe licensee fails to clean up that solid waste within twenty-
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four (24} hours' oral or written notice by county, county may clean up ar 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 far Property.
{1} Fixtures and Personalty. Licensee's employees shall use due care in entering and
exiting customers' pzoperty 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 {S) 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 oz 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
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 ar
circumstances, other than non_payment, licensee will complete and leave anon-
callection 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 Not Properly Placed in Containers. Licensee need not collect any solid waste
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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 roil 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 container or other means, that customer must remove solid waste to reduce the
weight of those containers to legal limi#s. 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 Iicensee'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 presen# 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
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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.
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 fne particles, by any person, shall be non-absorbent, leak-resistant, water tight,
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 lass 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 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
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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. All such vehicles shall
be kept painted on the exterior, shall be maintained in good, safe and clean condition.
Theze shall be displayed on each side of each vehicle the licensee's business name,
telephone number, the vehicle number and the wards "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 zequirements identified under the Vehicle Code, the Health and Safety
Cade, 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 {14} days after acquisition of the vehicle.
7. The LEA shall inspect all solid waste collection vehicles and transfer bins at the tune
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.
8. Residential recycling containers shall include an imprint or decal listing the recyclable
materials that are accepted in the cuzbside recycling program. Such decals shall be
replaced as needed to provide that the information is legible.
F. Separation of Recyclable Materials. Licensee will not segregate, separate ar remove
any recyclable materials from solid waste, unless approved by county in county's sole
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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, 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
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. 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
Iieensee 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, religion, sex, age,
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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.
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 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.
3. Customer Service Representatives shall inform all new residential customers inside
the recycling zones of the curbside recycling program. A pamphlet explaining the
program and acceptable recyclable materials shall be provided to the customer at time
of subscribing to trash service.
4. At least once per year, information about the licensee's recycling programs shall be
distributed to residential customers inside the recycling zone areas. Information shall
include, at a minimum, available recycling programs, acceptable materials collected by
the recycling programs, variable can rates, and disposal options for wastes not acceptable
for disposal at the Neal Road Landfill.
Section 31-43 Licensee compensation for recycling
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I 1. The licensee may charge residents for the curbside collection of recyclable materials
including yard waste, the management of HHW, and, if deemed relevant, fees to operate
2 materials recovery facilities. Such charges will be included on the billing invoices or in
informational materials furnished by the licensee to all customers. For existing customers
3 as of January 1, 2008, the charges for recycling programs and integrated waste
management services must be shown separately from waste collection charges. Far
4 customers subscribing to trash collection service on or after January 1, 2008, the charges
for recycling programs will be included in the base collection fee.
5 2. Each licensee shall submit a quarterly recycling report, as described in section 3 i-44 of
this chapter.
b
7 Section 3. Section 31-42, entitled "Collection Rates," Section 31-43, entitled "Licensee compensation
8 for recycling," Section 31-44, entitled "Quarterly recycling report required," and Section 31-45, entitled,
9 "Failure to meet performance standards," are renumbered as Sections 31-39.1, 31-39.2, 31-39.3, and 31-
10 39.4, respectively. The intent ofthis renumbering is to move said sections from Article V, entitled "Solid
11 Waste Reports and Committees," to Article IV, entitled "Solid Waste Collector Licensee Requirements,"
12 of Chapter 31, entitled "Solid Waste Collection, Management and Recycling." In addition, the text of
13 former section 31-45, now numbered 31-39.4, is amended to read as follows:
14 Section 31-39.4. Failure to meet performance standards.
15 Failure of the licensee to submit the report as required, or licensee's failure to achieve a
16 minimum of twenty-three {23) percent in year 2008, and thereafter, waste diversion
17 requirement through recycling efforts, as defined in section 31-35, performance
18 standards, may result in license review and possible revocation of the license.
1 ~ Section 4. Authority. This ordinance is enacted by the Board of Supervisors pursuant to the authority
20 granted to it by: Article I, Section 1 of the Butte County Charter; Article XI, Section 7 of the California
21 Constitution; and Division 30 of the Public Resources Code, commencing with Section 40000, including
22 but not limited to Sections 40002, 44058, and 40059.
23 Section 5. Severability. If any provision ofthis Ordinance or the application thereof to any person or
24 circumstances is for any reason held to be invalid by a court of competent jurisdiction, such provision
25 shall be deemed severable and the invalidity thereof shall not affect the remaining provisions or
26 applications of the Ordinance which can be given effect without the invalid provision or application
27 thereof
28 Section b. Intent. It is the intent of this ordinance to amend Chapter 31 of the Butte County Code in a
manner that will:
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A. Encourage recycling which will divert recyclable solid waste froze the waste stream for beneficial use
and to extend the useful life of the Neal Road Landfill; and
B. Implement the Butte County Source Reduction and Recycling Element, which was adopted on
November 10, 1992, and is a part of the Butte County Integrated Waste Management Plan.
Section 7. Effective Date and Publication. This Ordinance shall take effect on October 22, 2007. The
Clerk of the Board of Supervisors is authorized and directed, before the expiration of fifteen (1 S) days
after its passage, to publish this Ordinance once, with the names of the members of the Board of
Supervisors voting for and against it, in the Enterprise Recor~3a newspaper 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 28th day of August , 2007, by the, following vote:
AYES: Supervisors Connelly, Kirk, Josiassen, Yamaguchi, and Chair Dolan
NOES: None
ABSENT: None
NOT VOTING: None
Butte
Board of Supervisors
ATTEST:
G:IORUINANCE1Chapter3lDiversionandCurbordinance8-2007.wpd
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