HomeMy WebLinkAbout40471
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Ordinance No. 4047
AN ORDINANCE AMENDING BUTTE COUNTY CODE CHAPTER 31, ENTITLED
"SOLID WASTE COLLECTION, MANAGEMENT AND RECYCLING." OF THE
BUTTE COUNTY CODE BY AMENDING SECTION 31-35, ENTITLED
"PERFORMANCE STANDARDS," OF ARTICLE IV, ENTITLED "LICENSED
HAULER REQUIREMENTS" AND AMENDING SECTION 31-39.3, "ENTITLED
QUARTERLY REPORTING REQUIRED," OF ARTICLE IV.
The Board of Supervisors of the County of Butte ordains as follows:
Section 1. Article IV, entitled "Licensed Hauler Requirements" of Chapter 31 of the Butte
County Code, entitled "Solid Waste Collection, Management and Recycling" is amended by
amending sections 31-35 entitled "Performance Standards" and 31-39.3 entitled "Licensed
Hauler Requirements," as follows:
31-35 Performance Standards
The licensed hauler shall comply with the following minimum performance standards as a
condition of obtaining, maintaining, or renewing its license:
A. Solid Waste Management and Recycling Plan. Beginning in 2008, each licensed hauler
shall prepare a Solid Waste Management and Recycling Plan complying with the
requirements of subsection {H) of this section and Section 31-22.2 and depicting how a
minimum of twenty-three percent {23%) of solid waste that it collects will be diverted
from disposal. The licensed hauler shall also submit an annual compliance report
certifying that it has met the minimum diversion requirement or any higher goal in the
licensed hauler's plan for the amount and type of solid waste that licensed hauler diverted
from disposal in that prior year. The Board may review andlor change the minimum
solid waste diversion percentages annually. The solid waste diversion percentage will be
calculated by applying the following formulas:
1. Total Solid Waste Generation =Solid Waste Disposed {tons) + Solid Waste, including
Recyclable Materials, diverted from disposal _ Recycled {tons)
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2. Solid Waste Diversion Percentage =Solid Waste, including Recyclable Materials,
diverted from Dispasal/Recycled (tons) =Total Solid Waste Generated (tons)
3. Each licensed hauler shall submit an annual compliance report certifying that it has
met the education and outreach component of the mandatory commercial recycling
requirements of AB 341 established by the State of California. This report shall be on a
form approved by the County SWM and be submitted with the annual Solid Waste
Management and Recycling Plan.
B. Reporting. Each Licensed Hauler shall prepare and submit quarterly recycling reports,
due by the thirtieth day following the end of the previous quarter (for example, Apri130
for the quarter January -March), on a form approved by the county SWM. Said reports
shall specify the weight (by type) of waste collected and the weight {by type) of materials
recycled for each jurisdiction (city, town, county). The report shall include a summary of
the licensed hauler's efforts and progress made towards achieving goals identified in the
licensed hauler's Solid Waste Management and Recycling Plan.
C. Community Service Requirements. Each licensed hauler shall provide a minimum of
two (2} free cleanup events per year, as directed or approved by the county SWM. Each
licensed hauler shall annually collect a minimum often (10} tons of solid waste. If one
percent (1 %) of the weight of the solid waste the licensed hauler collected in the previous
year exceeds ten {10) tans, the licensed hauler shall make a goad faith effort to collect
solid waste in an amount up to said one percent (1 %). The licensed hauler shall dispose
of such collected solid waste as specified in subsection {H) of this section. The Iicensed
hauler is responsible to provide all labor and pay all solid waste facility charges for such
cleanup events. The licensed hauler shall provide documentation to the SWM of the
times, locations, tonnage of solid waste collected, and types of materials recovered. Each
licensed hauler shall indicate in its Solid Waste Management 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.
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Each licensed hauler will use reasonable efforts to recover recyclable materials received
during cleanup events and community cleanup programs.
D. Collection Requirements. Each licensed hauler shall conform with the following
conditions:
a. Commercial Solid Waste, Including Recyclables. Except as provided in subsection
(D)(f}(2) of this section, and unless otherwise ordered by the Director, every licensed
hauler shall provide not less than one {1) regular weekly collection of solid wastes to all
commercial customers. Nonputrescible materials which have been segregated from other
wastes fox the purpose of recycling and which have been properly stored or contained,
maybe collected less frequently than weekly, as agreed to by the licensed hauler and
commercial customer. Each commercial customer that produces four (4} or more cubic
yards of solid waste per week, and each multifamily residential dwelling of five (5) or
more units, shall be offered recycling bins for the common recyclable materials that are
collected in the scope of residential or commercial recycling.
b. Residential Solid Waste. Every licensed hauler 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. Residential Recyclables. Beginning January 1, 2008, every licensed hauler shall offer
existing residential customers located within the unincorporated urban areas identified as
recycling zones regular curbside collection of recyclable materials set out in a recycling
container provided by the licensed hauler 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 or after January 1, 2008, the licensed hauler 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.
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d. Residential Yard Waste/Green Waste.
{1) Beginning January 1, 2009, every licensed hauler 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 container
provided by the licensed hauler far 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 or after January 1, 2009, the licensed hauler shall provide regular
curbside collection of yard wastelgreen waste as part of the basic trash collection service
and the charge for this service shall be included in the base collection fee.
(2). Commercial Recylables. Beginning July 1, 2012, every licensee shall offer existing
commercial customers located within the unincorporated County areas, that produce four
(4) or more cubic yards of solid waste per week, and each multi-family residential
dwelling of five {5) or more units, recycling services consistent with the volume and type
of common recyclable materials the commercial and/or multi-family customer produces.
Recycling services shall be offered annually and upon commencement of disposal
services. For those customers that are located in areas that do not offer the density for
efficient collection of recyclable materials, the hauler may request, in writing, a waiver
from the S WM of the requirement to offer and provide recycling services.
e. Non-Service Roads. Every licensed hauler Fray, 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 form approved by the county. Every licensed hauler will use
reasonable efforts to reach agreement with persons awning 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. Variable Collection Rates. Licensed haulers shall offer variable collection rates to
customers who generate small volumes of solid waste. Notwithstanding any provision to
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the contrary in this chapter, including, but not limited to, the provisions of Section 31-
11.141, and subsections (D){f)(10}(a), (E)(3) and (G) of this section, collection bags may
be sold or otherwise provided by a licensed hauler for use by residential customers for the
disposal of solid waste, as follows:
1. Collection Bags. Such bags sold or otherwise provided by the licensed hauler shall be
picked up by the licensed hauler when closed and tied and set out for collection.
2. Collection Frequency and Time. The frequency of collection shall be as specified in
subsection (D)(a)-(d) of this section. Na licensed hauler shall collect solid wastes or
recyclable materials within f ve hundred {500} feet of an area zoned for residential use
earlier than 5:30 a.m. nor later than 8:00 p.m., ar on Sundays, except in emergencies or
with the approval of the LEA.
3. Changed Schedule. The licensed hauler 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 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 licensed hauler shall provide
and deliver, without charge to the customer, the customer's choice of the licensed
hauler's containers, unless the customer has his or her own containers acceptable to the
licensed hauler.
5. Termination of Service. Upon oral or written direction of any customer, every
licensed hauler 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 licensed hauler will pick up and remove, without
charge, licensed hauler's containers.
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7. Exchange. Upon oral or written direction to the licensed hauler, the customer may
exchange without charge licensed haulers' container for different sizes, add extra license
hauler's containers or reduce the number of licensed hauler's containers. The licensed
hauler will exchange, deliver or remove licensed hauler'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.
S. 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 licensed hauler will provide push
services without additional charge to the customer. At the request of any other customer,
the licensed hauler will provide push services, and may bill that customer extra for those ,
services. At least annually, the licensed hauler shall provide customers with notice of
available push services and charges for those services.
9. Service Standards.
a. General The licensed hauler will perform all services in a 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 exception set forth in subsection (D)(f)(10), Service Exceptions, below and
uncontrollable circumstances. if uncontrollable circumstances preclude the licensed
hauler's timely performing services, the licensed hauler 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 licensed hauler will use due care to prevent solid waste from being : { 1)
spilled or scattered during collection and transportation, including during removal and
dumping of container's contents into the collection vehicle, and (2) tracked onto any
alley, street, road or highway by vehicles. The licensed hauler will not transfer loads
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from one (1) vehicle to another on any alley, street, road or highway unless necessitated
by mechanical failure or accidental damage to a vehicle. The licensed hauler 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. If the licensed hauler 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 licensed hauler shall
reimburse county for county's clean up costs. The licensed hauler 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. The licensed hauler's employees shall use due care in
entering and exiting customer's property or enclosures and shall use paved walks,
driveways or surfaces where practicable.
(2) Containers. The licensed hauler will handle containers with due care. The licensed
hauler will return containers to within five (S) feet of the location from which the
licensed hauler picked them up, in an upright position, with lids properly and fully
secured. The licensed hauler will not place cantainers where they will obstruct any
passable driveway, sidewalk, street or highway.
d. Missed Collection. The licensed hauler 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 licensed hauler of a
missed scheduled collection at no charge to the customer. If the licensed hauler does nat
timely provide that special collectian, county may perform the collection or cause the
collection to be performed by a third party, and the licensed hauler shall reimburse
county for its costs for such collection.
10. Service Exceptions. The licensed hauler need not collect solid waste upon the
occurrence of the events or in the circumstances described in this subsection. In these
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events or circumstances, other than non-payment, licensed hauler will complete and leave
a noncollection notice securely attached to the container it does not collect, describing at
a minimum the date and item given, the address of the premises, the reason for the
noncollection, and the manner in which materials should be prepared for collection.
a. Waste Not Properly Placed in Containers. The licensed hauler need not collect any
solid waste, including recyclable materials, placed outside a container.
b. Overweight Containers. The licensed hauler 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 ffty-five {SS) pounds. The licensed
hauler need not collect bin or roll off containers, which together with the vehicle, exceed
the legal weight limit for vehicles under applicable law. The licensed hauler will frst
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,
the licensed hauler may remove that solid waste from the licensed hauler's containers and
charge customer a specified fee, as listed in the licensed hauler'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. The licensed hauler need not collect any
container placed along any non-service road, unless the licensed hauler 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. The licensed hauler need not collect containers if the licensed
hauler determines that any condition at or near those containers presents a health or safety
threat to the licensed hauler's employees. The licensed hauler will promptly notify the
affected customer of those threats. The licensed hauler may discontinue collection for
that customer until customer eliminates those threats.
e. Hazardous Waste or Unsafe Materials. The licensed hauler need not collect container
if the licensed hauler has reason to believe they contain hazardous waste, materials not
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accepted at the designated solid waste facility or facilities, or other materials that present
a health or safety threat to the licensed hauler's employees. The licensed hauler 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 waste or other materials could cause imminent
danger to person or property, the licensed hauler will immediately report the matter to the
Fire Department which has jurisdiction.
f Nonpayment. The licensed hauler need not collect containers, and may repossess the
licensed hauler'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, the licensed hauler will
provide ali customers with a written subscription order, including the applicable services
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 nonabsorbent, leak-resistant, watertight, 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
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and transportation. All containers shall be maintained in good condition and cleaned on
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
licensed hauler or by the customers, 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 licensed hauler.
4. Every collection vehicle used by the licensed hauler far 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 chapter. All 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 licensed hauler's
business name, telephone number, the vehicle number and the words "County License
No. ," in letters not less than four (4) nor mare 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 Code, the
Health and Safety Code, and this chapter.
5. Solid waste shall be loaded on vehicles so that none of it falls, drops, or spills upon th
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. The licensed hauler 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
annual inspection shall be made by the LEA two (2) weeks in advance.
In
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S. Residential and commercial recycling containers shall include an imprint or decal
listing the recyclables materials that are accepted in the curbside recycling program.
Such decals shall be replaced as needed to provide that the information is legible.
F. Maintenance of Storage Containers by Licensed Hauler. Where the licensed hauler
furnishes reusable storage containers for solid waste, the licensed hauler is responsible
far maintaining the containers in good condition, ordinary wear and tear excepted. The
licensed hauler and the customer shall agree to the size and frequency of collection from
storage containers provided for or by the licensed hauler.
G.. Disposal of Wastes.
1. Licensed haulers 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 licensed haulers 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, licensed haulers 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 licensed hauler 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. The licensed hauler will observe and comply with all regulations applicable to the
licensed hauler in effect and posted at the designated solid waste facility or facilities or
otherwise provided to the licensed hauler and will coordinate deliveries with the schedule
of the solid waste facility or facilities. The licensed hauler will at all time deliver and
discharge materials and exit in accordance with standard disposal facility practices.
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4. Licensee will not comingle recyclable materials that have been segregated by the
customer with other waste materials that are destined for disposal, unless recyclable
materials have been contaminated with significant quantities of waste material.
H. No Discrimination. The licensed hauler shall not discriminate against customers entitled
to solid waste collection on account of race, color, national origin, ancestry, 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 law.
I. Commingling of Solid Waste. The licensed hauler may commingle solid waste collected
in the incorporated areas of the county with solid waste collected in the unincorporated
area of the county.
J. Commingling of Recycling. The licensed hauler may commingle recycling collected in
the incorporated areas of the county with recycling collected in the unincorporated area
of the county.
K. Customer Service.
l . The licensed hauler will maintain a local telephone number, toll free to customers, at
least during office hours. The licensed hauler will list that telephone number under
the Iicensed hauler's name in county telephone directories (white pages and yellow
pages) and print it on customers' bills. The Iicensed hauler 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. The licensed hauler will train its customer service representatives. The licensed
hauler 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. Customer Service Representati
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shall inform all new commercial customers within the unincorporated County the
availability of commercial recycling services. 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 licensed hauler's recycling programs shall
be distributed to residential customers inside the recycling zone areas and all
commercial customers within the County. 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 Recycling & Waste Facility.
(Ord. No. 3844, § 14, 2-11-03: Ord. No. 3336, § 2, 5-27-97; Ord. No. 3856, § 1, 7-22~
2003; Ord. No. 3859, § 1, 8-26-2003; Ord. No. 3969, § 2 (part), 8-28-07; Ord. No. 4019,
§ 3, 4-13-10)
31-39.3 -Quarterly recycling report required.
Each Iicensee shall provide the solid waste manager or his or her designee with copies of a
quarterly recycling report. The report shall be due on the 30~h day of each April, .luly, October,
and 3anuary, for the previous quarter. The quarterly recycling report shall include all of the
following information:
(a) ldentil"ication of licensee and the time period covered by the report;
(b) Summary of all recyclable materials collected, processed, and delivered to end market or
intermediate processor. The summary is to separately provide the weights, volumes, and
or number of each type of recyclable material.
{c) An estimate of the percentage of accounts participating in, or paying for, the recycling
collection program and the basis for the estimate. The percentage {%) number of
accounts that participate in the recycling collection program shall be determined as
follows:
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{1) % =number of accounts participating X 100
Total number of accounts served -
Iflicensee delivers recyclable materials to be processed through a materials recovery
facility, then licensee shall report to the best of its ability the number of residential and
commercial accounts, or estimated percentage of customers' waste stream, that is
delivered to the materials recovery facility.
(d) An estimate of the total percentage of the waste stream being diverted through the
recycling collection program or materials recovery facility and the basis for the estimate.
The estimated total percentage (°/a} of the waste stream being diverted through the
recycling collection program shall be determined as follows, in accord with Section 31-
35.A:
(1) Total waste generation =waste disposed (total tans} + materials recycled (total tons)
{2} Waste Diversion % _
Materials recycled (total tons} X 100
Total waste generated {total tons}
(e} A schedule of proposed cleanup events, as defined in Section 31-35(C) performance
standards to be held at intervals of a minimum of two (2) per year.
Section 2. Severability.
If any provision of this Ordinance or the application thereof to any person c
circumstances is for any reason held to be invalid by a court of competent jurisdiction, suc
provision shall be deemed severable, and the invalidity thereof shall not affect the remainin
provisions or other applications of the Ordinance which can be given effect without the invali
provision or applicatian thereof.
~ Section 3 . Effective Date and Publication.
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This Ordinance shall take effect thirty {30) days after the date of its passage. The Cle
of the Board of Supervisors is authorized and directed to publish this ordinance before t
expiration of fifteen (15) days after its passage. This Ordinance shall be published once, with t
names of the rr~eznbers of the Board of Supervisors voting for and against it, in the Chi
Enterprise Record, a newspaper of general circulation published in the County of Butte, State
California.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State
California, on the 14~' day of August, 2012, by the following vote:
AYES: Supervisors Connelly, Wahl, Kirk, Yamaguchi and Chair Lambert
NOES: None
ABSENT: None
NOT VOTING: None n /
ATTEST
Paul
Chit
Cler
By:
Steve Larn ,Chair of the
Butte Cou ty Board of Supervisors
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