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Home My WebLink About4088 I Ordinance No. 4088 2 AN ORDINANCE AMENDING SECTIONS 31-2,31-3,31-11.10.1,31-11.20,31-11.30,31- 3 1-2,31-3,31-11.10.1,31-11.20,31-11.30,31- 3 11.40,31-11.100,31-11.110,31-11.120,31-11.140,31-11.141,31-11.160,31-11.220.2,31-11. 230,31-11.301,31-11.340,31-11.380,31-11.410,31-11.420, 31-11.445,31-11.450,31-11.490, 5 31-11.520.3,31-20,31-21,31-22.3,31-22.4,31-24.1, 31-24.2,31-24.5, 31-30,31-31,31-35,31- 6 39,31-39.1,31-39.3,31-39.4, 31-50.1,31-53,31-61 AND 31-63, ADDING SECTIONS 31- 7 11.211,31-11.212,31-11.213,31-11.431.1,31-21.3 AND 31-22 AND REPEALING 8 9 SECTIONS 31-4,31-11.80,31-11.510,31-11.520.2,31-11.560,31-22.1,31-22.2,31-34 AND 10 31-39.2 OF CHAPTER 31,ENTITLED "SOLID WASTE COLLECTION, 1 I MANAGEMENT AND RECYCLING," OF THE BUTTE COUNTY CODE 12 The Board of Supervisors of the County of Butte ordains as follows: 13 Section 1. Section 31-2,entitled "Findings," of Article 1, entitled "General Provisions", of 14 Chapter 31,entitled "Solid Waste Collection,Management and Recycling" of the Butte 15 County Code is hereby amended to read as follows: 16 "31-2—Findings. 17 The Board of Supervisors of Butte County finds as follows: 18 A. It is necessary, in order to preserve the environment and protect the health and safety and 19 quality of life of the residents of Butte County, to provide for an efficient solid waste 20 management system which includes collection of solid waste and recyclable materials. 21 B. It is desirable that all generators of solid waste and recyclable materials within the County are 22 included in such collection system. 23 C. A stable revenue source is necessary to provide solid waste management and recycling 24 services as required by Federal and State mandates. 25 D. It is necessary for the collection system to be managed in a manner which will encourage the 26 reduction, recycling, or reuse of solid waste to conserve water, energy, and other natural 27 resources, to protect the environment, and to meet the diversion requirements mandated by the 28 California Integrated Waste Management Act of 1989. 1 I E. It is desirable for the County to have centralized facilities available to the public for the 2 processing and disposal of solid waste so that such facilities can operate in a cost effective 3 manner which will encourage their use, discourage illegal dumping, and spread the cost of the 4 use thereof among the users and members of the public who benefit from the use thereof. 5 F. It is desirable for solid waste collection services to be available, on a voluntary basis, to the 6 maximum possible number of residents of the County. 7 G. It is necessary, in view of the following findings, to require solid waste collector licensees to 8 deliver solid waste to a solid waste facility or facilities owned by the County: 9 1. Local interests. 10 a. Landfill tipping fees payable at County owned solid waste Facilities, including the Neal Road 11 Recycling and Waste Facility, are deposited in the County's Solid Waste Management Enterprise 12 Fund, and are used, among other purposes, to fund, fully or partially,the County's Solid Waste 13 diversion and Household Hazardous Waste programs, and public education programs related 14 thereto. Said programs have been established and implemented in accordance with the County's 15 Source Reduction and Recycling Plan approved by the California Integrated Waste Management 16 Board and with provisions of the California Integrated Waste Management Act of 1989 ("AB 17 939"). The purpose of these programs is to recover recyclable materials and reduce the amount 18 of solid waste that is disposed of in landfills and to give County residents and small businesses a 19 safe way to dispose of Hazardous Waste. Additional programs are necessary in order to meet the 20 requirements of AB 939 but cannot be implemented unless there is a stable flow of solid waste 21 and a corresponding stable revenue source, which can be ensured by requiring disposal of solid 22 waste at County-owned facilities where tipping fees will be generated. 23 b. A stable flow of solid waste and a corresponding stable revenue source will enhance the 24 ability of the County to protect the public health, safety and welfare and to comply with 25 applicable laws and regulations by developing waste management units and waste processing 26 facilities for renewable energy at the County's Neal Road Recycling and Waste Facility. 27 28 2 I c. The County, the City of Biggs and the City of Gridley have formed the Butte Regional Waste 2 Management Authority to provide for coordinated solid waste diversion and recycling, including 3 the delivery of member's solid waste to a County designated solid waste facility or facilities. 4 d. County has established detailed health and safety and technical performance standards for 5 operation of its Neal Road Recycling and Waste Facility and proposed recyclable materials 6 recovery facility. These provisions help assure that the County's solid waste is handled in a 7 manner that will minimize the likelihood of County Superfund liability pursuant to the 8 Comprehensive Environmental Response, Compensation, and Liability Act("CERCLA"). 9 Examples of existing operational standards and requirements include, but are not limited to: 10 Flood, drainage and erosion control that prevent storm water runoff and pollution of water 11 courses. 12 Vector and vermin control, to prevent promulgation and spread of disease. Protocols for 13 screening incoming solid waste to exclude Hazardous Waste. 14 Protocols for safely handling special wastes, including cannery waste and other waste that might 15 require immediate cover or other special handling. 16 Detailed requirements for covering waste on daily, interim and final basis. 17 In addition, the County has made and will make substantial investments at the Neal Road 18 Recycling and Waste Facility for protective liners, leachate collection systems, and other 19 infrastructure to provide appropriate landfill design and operation to protect the public health, 20 safety and welfare, in compliance with applicable laws and regulations. 21 e. A stable flow of solid waste and recyclable materials and a corresponding stable revenue 22 source will enhance the ability of the County to ensure the continued funding of the Local 23 Enforcement Agency(LEA), which agency has been established pursuant to applicable laws and 24 regulations to act as the enforcement agent pertaining to solid waste regulations in the County. 25 f Delivery of solid waste and recyclable materials generated in the County to County owned 26 facilities will enable the County to establish, operate and maintain integrated waste management 27 facilities together with the supporting administrative, enforcement and public educational 28 3 I infrastructure. A stable flow of solid waste and recyclable materials is essential in order to 2 properly size and design diversion facilities, infrastructure and programs, which flow can be 3 ensured by requiring disposal at County-owned facilities. 4 g. The County has the authority granted by Public Resources Code Section 40059 and Article XI, 5 section 7 of the California Constitution,to determine whether services for the collection, 6 transportation, processing, and disposal of solid waste in the unincorporated areas of the County 7 of Butte are to be provided by means of nonexclusive franchise, contract, license, permit, or 8 otherwise, either with or without competitive bidding, or if, in the opinion of the Board of 9 Supervisors,the public health, safety, and well-being so require, by partially exclusive or wholly 10 exclusive franchise, contract, license, or otherwise, either with or without competitive bidding." 11 Section 2. Section 31-3, entitled "Purpose," of Article I, entitled "General Provisions", of 12 Chapter 31, entitled "Solid Waste Collection, Management and Recycling" of the Butte 13 County Code is hereby amended to read as follows: 14 "31-3 - Purpose. 15 Pursuant to Public Resources Code Sections 40000 et seq., this chapter is adopted to provide for 16 a solid waste and recyclable materials collection system which shall preserve the health and 17 safety and provide for a stable revenue source with which the County of Butte may provide i8 adequate management of solid waste." 19 Section 3. Section 31-4, entitled "Effect of chapter in Chico Urban Area," of Article I, 20 entitled "General Provisions", of Chapter 31, entitled "Solid Waste Collection, 21 Management and Recycling" of the Butte County Code is hereby repealed. 22 Section 4. Section 31-11.10.1, entitled "Alternative daily cover--processed green material," 23 of Article II, entitled "Definitions," of Chapter 31, entitled "Solid Waste Collection, 24 Management and Recycling" of the Butte County Code is hereby amended to read as 25 follows: 26 "31-11.10.1 -Alternative daily cover--Processed green material. 27 28 4 I "Alternative daily cover—processed green material" means green waste with the exclusion of 2 manure. Processed green material may include varying proportions of wood waste from urban 3 and other sources and shall be ground, shredded, screened or otherwise processed in a manner to 4 provide a compacted material free of open voids when applied to meet the performance 5 requirements as alternative daily cover." 6 Section 5. Section 31-11.20, entitled "Apartment, condominium, townhouse complex or 7 mobile home park," of Article 11, entitled "Definitions," of Chapter 31, entitled "Solid 8 Waste Collection, Management and Recycling" of the Butte County Code is hereby 9 amended to read as follows: 10 "31-11.20 -Apartment,condominium, townhouse complex or mobile home park. 11 "Apartment, condominium, townhouse complex or mobile home park" means those multi-family t2 complexes or parks which contain five (5) or more dwelling units." 13 Section 6. Section 31-11.30, entitled "Bin," of Article II, entitled "Definitions," of Chapter 14 31, entitled "Solid Waste Collection,Management and Recycling" of the Butte County 15 Code is hereby amended to read as follows: 16 "31-11.30 - Bin. 17 "Bin" means a container in which solid waste, including recyclable material and yard waste, is 18 stored pending pickup, having the following characteristics: (1) a lid, the top of which shall not 19 exceed seventy-two (72) inches in height from the surface of the ground at grade level, and (2) a 20 capacity of at least one (1)cubic yard but not more than eight(8)cubic yards, and (3)the 21 capability of being collected by front-end or rear loading truck. `Bins" are often referred to 22 colloquially as "dumpsters."" 23 Section 7. Section 31-11.40, entitled "Bulky wastes," of Article 11, entitled "Definitions," of 24 Chapter 31,entitled "Solid Waste Collection, Management and Recycling" of the Butte 25 County Code is hereby amended to read as follows: 26 "31-11.40—Bulky wastes. 27 28 5 I "Bulky wastes" means large items of solid waste such as appliances, furniture, trees, branches, 2 stumps and other oversize wastes whose large size precludes or complicates their handling by 3 normal collection, processing or disposal methods. It does not include abandoned vehicles or 4 household hazardous waste (except for E-waste)." 5 Section 8. Section 31-11.80, entitled "Collection bag," of Article II, entitled "Definitions," 6 of Chapter 31, entitled "Solid Waste Collection, Management and Recycling" of the Butte 7 County Code is hereby repealed. 8 Section 9. Section 31-11.100, entitled "Commercial customer," of Article 11, entitled 9 "Definitions," of Chapter 31, entitled "Solid Waste Collection,Management and 10 Recycling" of the Butte County Code is hereby amended to read as follows: 11 "31-11.100—Commercial customer. 12 "Commercial customer" means of, from or pertaining to Multi-Family Premises or other non- 13 Residential Premises where business or other activity is conducted, including, but not limited to, 14 retail sales, services, wholesale operations, manufacturing, industrial operations, and nonprofit 15 and governmental activities of any nature, but excluding businesses conducted upon Residential 16 property which are permitted under applicable zoning regulations and are not the primary use of 17 the property." 18 Section 10. Section 31-11.110, entitled "Commercial solid waste," of Article II, entitled 19 "Definitions," of Chapter 31, entitled "Solid Waste Collection,Management and 20 Recycling" of the Butte County Code is hereby amended to read as follows: 21 "31-11.110—Commercial solid waste. 22 "Commercial solid waste" means all types of solid wastes generated by stores, business offices, 23 commercial warehouses, manufacturing plants, nonprofit organizations, multifamily residential 24 complexes, government offices, schools and other commercial sources, excluding residences 25 with less than five(5)dwelling units, and excluding industrial wastes." 26 27 28 6 I Section 11. Section 31-11.120,entitled "Commercial service," of Article II, entitled 2 "Definitions," of Chapter 31,entitled "Solid Waste Collection, Management and 3 Recycling" of the Butte County Code is hereby amended to read as follows: 4 "31-11.120—Commercial service. 5 "Commercial service" means solid waste, including recyclable materials and yard waste, 6 collection service provided by a licensee under this chapter to any person producing commercial 7 solid waste." 8 Section 12. Section 31-11.140, entitled "Construction and demolition wastes," of Article 11, 9 entitled "Definitions," of Chapter 31, entitled "Solid Waste Collection,Management and to Recycling" of the Butte County Code is hereby amended to read as follows: 11 "31-11.140--Construction and demolition wastes. 12 "Construction and demolition waste" means the-solid wastes consisting of building materials; 13 and packaging and rubble,—resulting from construction, remodeling, repair and demolitions of 14 operations on pavements, houses, commercial buildings, and other structures that are not 15 hazardous, as defined in CCR, Title 22, section 66261.3 et seq. Title 14 section 17381(e), and 16 that contain no more than 1%putrescible wastes by volume. 17 Construction and Demolition (C&D) debris includes: 18 1. Discarded materials generally considered to be not water soluble and nonhazardous in 19 nature, including, but not limited to, steel, glass, brick, concrete, asphalt material, pipe, gypsum, 20 wallboard, and lumber from the construction or destruction of a structure as part of a 21 construction or demolition project or from the renovation of a structure and/or landscaping, and 22 including rocks, soils, tree remains, trees, and other vegetative matter that normally results from 23 land clearing, landscaping and development operations for a construction or demolition project. 24 25 2. Clean cardboard, paper, plastic, wood, and metal scraps from any construction or 26 demolition project. 27 28 3. De minimis amounts of other non-hazardous wastes that are generated at construction or 7 1 demolition projects. 2 4. "Demolition" means the decimating, dismantling, razing, ruining, tearing down and/or 3 wrecking of any facility, structure, pavement or building, whether in whole or in part, whether 4 interior or exterior." 5 6 Section 13. Section 31-11.141, entitled "Containers," of Article 11, entitled "Definitions," of 7 Chapter 31, entitled "Solid Waste Collection, Management and Recycling" of the Butte 8 County Code is hereby amended to read as follows: 9 "31-11.141 - Containers. 10 "Containers" means bins, roll-offs, cans, vessels, receptacles or other containers used to hold 11 solid waste and/or recyclable materials for collection, including: thirty-two (32)gallon manual 12 cans, various size carts used with semi-automated and automated collection, front and rear loader 13 binds, and roll off bins." 14 Section 14. Section 31-11.160, entitled "Debris box, drop box, or roll-off," of Article II, 15 entitled "Definitions," of Chapter 31, entitled "Solid Waste Collection, Management and 16 Recycling" of the Butte County Code is hereby amended to read as follows: 17 "31-11.160—Debris box,drop box, or roll-off. is "Debris box" or"drop box" or "roll-off' means a solid waste container with a capacity of at least 19 ten (10)cubic yards transported by a vehicle and set off at a customer's location for loading." 20 Section 15. Section 31-11.211, entitled "Franchise," of Article I1, entitled "Definitions," of 21 Chapter 31, entitled "Solid Waste Collection, Management and Recycling" of the Butte 22 County Code is hereby added to read as follows: 23 "31-11.211 —Franchise. 24 "Franchise" means the special right granted by the County to a licensed hauler to exclusively 25 provide collection services for refuse, recyclable materials and green waste within a service 26 area." 27 28 8 I Section 16. Section 31-11.212, entitled "Franchise agreement," of Article II, entitled 2 "Definitions," of Chapter 31,entitled "Solid Waste Collection,Management and 3 Recycling" of the Butte County Code is hereby added to read as follows: 4 "31-11.212—Franchise agreement. 5 "Franchise agreement" means an agreement, including all exhibits and attachments, and any 6 amendments thereto, between the County and a licensed hauler for collection, transfer, 7 transportation, and disposal of refuse, recyclable materials, green waste, and other related 8 services to reliable refuse, recyclable materials and green waste collection." 9 Section 17. Section 31-11.213, entitled "Franchised hauler," of Article II, entitled 10 "Definitions," of Chapter 31, entitled "Solid Waste Collection, Management and 11 Recycling" of the Butte County Code is hereby added to read as follows: 12 "31-11.213—Franchised hauler. 13 "Franchised hauler" means a licensed hauler, that has entered into a franchise agreement with the 14 County for the exclusive collection of solid waste, recyclable materials and yard waste within a 15 County franchise service area." 16 Section 18. Section 31-11.220.2,entitled "Green waste," of Article 11, entitled 17 "Definitions," of Chapter 31,entitled "Solid Waste Collection, Management and 18 Recycling" of the Butte County Code is hereby amended to read as follows: 19 "31-11.220.2—Green waste. 20 "Green waste" shall be green material that is any plant material separated at the point of 21 generation. It contains no greater than one percent (I%) of physical contaminants by weight. 22 Green waste includes, but is not limited to, yard trimmings, untreated wood wastes, natural fiber 23 products, and construction and demolition wood waste. Green waste does not include food 24 material, biosolids, mixed solid waste, material processes from commingled collection, wood 25 containing lead-based paint or wood preservative, mixed construction or mixed demolition 26 debris. For curbside collection purposes, green waste shall not be longer than three (3) feet or 27 larger than six (6) inches in diameter and must fit in the container utilized by the customer." 28 9 I Section 19. Section 31-11.230, entitled "Hazardous waste," of Article II, entitled 2 "Definitions," of Chapter 31, entitled "Solid Waste Collection, Management and 3 Recycling" of the Butte County Code is hereby amended to read as follows: 4 "31-11.230—Hazardous waste. 5 "Hazardous waste" means either of the following: 6 (a)A waste, or combination of wastes, which because of its quantity, concentration, or physical, 7 chemical, or infectious characteristics may either: 8 (1) Cause, or significantly contribute to an increase in mortality or an increase in serious 9 irreversible, or incapacitating reversible, illness. 10 (2) Pose a substantial present or potential hazard to human health or environment when 11 improperly treated, stored, transported, disposed of, or otherwise managed. 12 (b) A waste which meets any of the criteria for the identification of a hazardous waste adopted 13 pursuant to Section 25141 of the Health and Safety Code. 14 (1) Hazardous waste includes, but is not limited to, hazardous waste, as defined in the federal 15 Resource Conservation and Recovery Act and hazardous waste, as defined in Public Resources 16 Code Section 40141. 17 (2) Unless expressly provided otherwise, the term "hazardous waste" shall be understood to also 18 include extremely hazardous waste and acutely hazardous waste." 19 Section 20. Section 31-11.301, entitled "Licensed hauler," of Article II, entitled 20 "Definitions," of Chapter 31, entitled "Solid Waste Collection, Management and 21 Recycling" of the Butte County Code is hereby amended to read as follows: 22 "31-11.301 —Licensed hauler. 23 "Licensed hauler," sometimes referred to in this chapter as "licensee," means any individual who, 24 or entity which, has a valid license, as required by and issued pursuant to Article 111 of this 25 chapter, to collect and transport any type of solid waste, including recyclable materials and green 26 waste." 27 28 10 I Section 21. Section 31-11.340, entitled "Multifamily residential complex," of Article II, 2 entitled "Definitions," of Chapter 31, entitled "Solid Waste Collection, Management and 3 Recycling" of the Butte County Code is hereby amended to read as follows: 4 "31-11.340—Multifamily residential complex. 5 "Multifamily residential complex" means complexes with five(5)or more residential dwelling 6 units including but not limited to apartments, condominiums, or mobile home parks which are 7 located on a single parcel." 8 Section 22. Section 31-11.380, entitled "Performance standards," of Article 11, entitled 9 "Definitions," of Chapter 31,entitled "Solid Waste Collection,Management and 10 Recycling" of the Butte County Code is hereby amended to read as follows: 11 "31-11.380—Performance standards. 12 "Performance standards" means the minimum levels of basic services and health and safety 13 standards required for licensees to provide for solid waste collection and hauling services within 14 the county." 15 Section 23. Section 31-11.410, entitled "Recyclable materials," of Article 11, entitled 16 "Definitions," of Chapter 31,entitled "Solid Waste Collection, Management and 17 Recycling" of the Butte County Code is hereby amended to read as follows: 18 "31-11.410—Recyclable materials. 19 "Recyclable materials" or "recyclables" means those materials designated from time to time by 20 the County Solid Waste Manager that can potentially be reused-as, or recycled or otherwise 21 converted into, feedstock for manufacture of a new recycled product. Recyclable materials may 22 include, but are not limited to: aluminum cans, glass bottles and jars, metal cans, plastic 23 containers (marked with a recyclable code number from one (1)to seven (7)), newspaper, mixed 24 paper(including magazines,junk mail, brown bags, white and colored paper), and corrugated 25 cardboard." 26 27 28 11 I Section 24. Section 31-11.420, entitled "Recycling," of Article II, entitled "Definitions," of 2 Chapter 31, entitled "Solid Waste Collection, Management and Recycling" of the Butte 3 County Code is hereby amended to read as follows: 4 "31-11.420—Recycling. 5 "Recycling" means the process by which salvaged materials become reusable materials or 6 products." 2 Section 25. Section 31-11.431.1, entitled "Recyclable materials-commingled," of Article II 8 entitled "Definitions," of Chapter 31, entitled "Solid Waste Collection, Management and 9 Recycling" of the Butte County Code is hereby added to read as follows: 10 "Section 31-11.431.1 —Recyclable materials—commingled. 11 Recyclable materials—commingled" means recyclable materials that are separated from solid 12 waste by the owner or generator and all acceptable recyclable materials are placed in the same 13 container for collection and processing. Commingled recyclable materials shall not contain more 14 than ten percent (10%) non- recyclable waste by weight" 15 Section 26. Section 31-11.445, entitled "Residential rental property," of Article II,entitled 16 "Definitions," of Chapter 31, entitled "Solid Waste Collection,Management and 17 Recycling" of the Butte County Code is hereby amended to read as follows: 18 "31-11.445 -Residential rental property. 19 a. "Residential rental property" means a structure used as a residence and/or living space which 20 is rented and/or let and/or hired and occupied, included, but not limited to, mobile homes, 21 apartments, houses and all other similar structures. 22 b. "Hired" refers to the existence of an agreement, written or unwritten, formal or informal, by 23 which one party gives to another the temporary possession and use of property, for some type of 24 reward and/or compensation, whether monetary or not." 25 Section 27. Section 31-11.450, entitled "Residential service," of Article II, entitled 26 "Definitions," of Chapter 31, entitled "Solid Waste Collection,Management and 27 Recycling" of the Butte County Code is hereby amended to read as follows: 28 12 1 "31-11.450 - Residential service. 2 "Residential service" means solid waste and recyclable material collection service for single- 3 family residences, and/or trailers, and all multifamily dwellings, including but not limited to, 4 two-family residences (duplexes),tri-plex, four-plea, apartment buildings, condominiums, 5 townhouse complexes, residential hotels and motels, cooperative living complexes and mobile 6 home/trailer parks, as provided by a licensee under this chapter." 7 Section 28. Section 31-11.490, entitled "Solid waste," of Article 11,entitled "Definitions," o 8 Chapter 31, entitled "Solid Waste Collection, Management and Recycling" of the Butte 9 County Code is hereby amended to read as follows: 10 "31-11.490—Solid waste. 11 (a) "Solid waste" means materials that can be lawfully discarded in a class 11 landfill in 12 California, including the following: 13 (1) Refuse; 14 (2) Rubbish; 15 (3) Garbage; 16 (4) Recyclables (including source separated recyclable materials); 17 (5) Green waste (including yard waste and agricultural solid waste); 18 (6) Bulky waste, including white goods; 19 (7) Construction and demolition wastes; and 20 (8) Commercial, industrial, institutional and residential solid wastes. 21 (b) "Solid waste," as of the effective date of the amendment of this section in 2014, does not 22 include, without limitation and by way of example, any of the following wastes: 23 (1) Hazardous waste; 24 (2) Radioactive waste regulated pursuant to the Radiation Control Law(Chapter 8 (commencing 25 with Section 114960) of Part 9 of Division 104 of the Health and Safety Code); 26 (3) Medical waste regulated pursuant to the Medical Waste Management Act (Part 14 27 (commencing with Section 117600) of Division 104 of the Health and Safety Code); 28 13 1 (4) Universal waste, as designated by the California Department of Toxic Substances Control, 2 including materials listed in 22 CCR 66261.9, such as batteries, thermostats, lamps, cathode ray 3 tubes, computers, telephones, answering machines, radios, stereo equipment, tape 4 players/recorders, phonographs, video cassette players/recorders, compact disc players/recorders, 5 calculators, some appliances, aerosol cans and certain mercury-containing devices; 6 (5) "E-waste," which is waste that is powered by batteries or electricity, such as computers, 7 telephones, answering machines, radios, stereo equipment, tape players/recorders, phonographs, 8 video cassette players/recorders, compact disc players/recorders, and calculators; and 9 (6) "CEDs," which are covered electronic devices as defined in Public Resources Code Section 10 42463 and include, without limitation and by way of example,the following: cathode ray tube I 1 (CRT) device (including television and computer monitor), LCD desktop monitor, laptop 12 computer with LCD display, LCD television, plasma television, and any other "covered 13 electronic devices" listed in the regulations adopted by the California Department of Toxic 14 Substances Control pursuant to California Health and Safety Code Section 25214.10.1(b)." 15 Section 29. Section 31-11.510, entitled "Solid waste collector,collector,or licensee" of 16 Article 11, entitled "Definitions," of Chapter 31, entitled "Solid Waste Collection, 17 Management and Recycling" of the Butte County Code is hereby repealed. 18 Section 30. Section 31-11.520.2 entitled "Solid waste management and recycling plan" of 19 Article II, entitled "Definitions," of Chapter 31, entitled "Solid Waste Collection, 20 Management and Recycling" of the Butte County Code is hereby repealed. 21 Section 31. Section 31-11.520.3, entitled "Source separated recyclable materials," of Article 22 11, entitled "Definitions," of Chapter 31, entitled "Solid Waste Collection, Management and 23 Recycling" of the Butte County Code is hereby amended to read as follows: 24 "31-11.520.3 - Source separated recyclable materials. 25 "Source separated recyclable materials" means recyclable materials that meet all of the following 26 requirements: 27 28 14 I (a) The generator or owner sorts and removes them from solid waste for collection in separate 2 containers and reuse, recycling, composting or other diversion from landfill disposal authorized 3 by the County Solid Waste Manager; 4 (b) They contain no putrescible solid waste, as demonstrated to the satisfaction of the County 5 Solid Waste Manager; and 6 (c)They contain less than five percent (5%) of total weight in contaminating solid waste that 7 cannot be reused, recycled, composted or otherwise utilized, as demonstrated to the satisfaction 8 of the County Solid Waste Manager." 9 Section 32. Section 31-11.560 entitled "Waste collection and recycling plan," of Article II, 10 entitled "Definitions," of Chapter 31, entitled "Solid Waste Collection,Management and 11 Recycling" of the Butte County Code is hereby repealed. 12 Section 33. Section 31-20 entitled "License required," of Article III, entitled "License 13 Requirements and Procedures," of Chapter 31,entitled "Solid Waste Collection, 14 Management and Recycling" of the Butte County Code is hereby amended to read as 15 follows: 16 "31-20 - License required. 17 (a) It shall be unlawful for any person, firm, corporation, or association to collect, transport, 18 process, or dispose of solid waste, including refuse, recyclable material, green waste, and food 19 waste, through the use of bags, cans, carts, bins, roll-off containers, dumpsters, debris boxes, or 20 similar receptacles, or through the use of compactors, portable compactors, or similar devices, 21 within the unincorporated area of the County of Butte unless that person, firm, corporation, or 22 association holds a valid License for such activity granted by the County, or is exempted from 23 this provision under section 31-21. 24 (b) County may establish service areas in the unincorporated areas of Butte County and issue 25 franchise(s) for such service areas. Upon the effective date of a franchise(s) only a franchised 26 hauler(s) will be issued a license. Franchised haulers are required to obtain and maintain a valid 27 license issued by the LEA during the term of any franchise agreement." 28 15 I Section 34. Section 31-21 entitled "License exemptions," of Article III, entitled "License 2 Requirements and Procedures," of Chapter 31, entitled "Solid Waste Collection, 3 Management and Recycling" of the Butte County Code is hereby amended to read as 4 follows: 5 1131-21 - License exemptions. 6 Anyone legally engaged in the following activities is not required to obtain a license under this 7 chapter: 8 (a) Purchase of Recyclable Material: Collection of recyclable materials generated by 9 residential or commercial premises that meet the following requirements: the recyclable to materials (1) are source separated; (2)are further segregated by recyclable commodity by the I I generator; (3) are collected through a private arrangement with the generator; and (4) the 12 generator receives a net payment for such recyclable materials. Recyclable materials that are not 13 discarded and arc sold for value by the owner thereof are not "solid waste" for purposes of this 14 section, provided that such recyclable materials meet the requirements of this section. No one 15 may directly or indirectly charge fees for providing solid waste management services, including 16 collection, transportation and processing, with respect to commingled or source separated 17 recyclable materials, with or without a license, except in conjunction with providing solid waste 18 management services with respect to refuse by a franchised hauler. For purposes of this section, 19 "fee" means any compensation, whether in cash, credit, discount, kind or other form of 20 remuneration. The seller may not pay the buyer any consideration for collecting, processing, or 21 transporting such recyclable materials or as a consulting fee for recycling services or as a "bin 22 rental"or other consideration for real or personal property used in such collection, transportation, 23 or processing. A discount or reduction in price for collection, disposal, and/or recycling services 24 for any form of unsegregated or segregated solid waste is not a sale of recyclable materials for 25 purposes of this section. 26 (b) Animal Food: Providing solid waste management services with respect to food waste for use 27 as animal food without compensation; 28 16 I (c) Self.-Haul of Refuse: Removing refuse that one generated, stored and collected oneself and 2 self-hauling it to, and discarding it at, a solid waste management facility designated by the 3 county (for example, disposal at the Neal Road Recycling & Waste Facility); 4 (d) Self-Haul of Solid Waste Other than Refuse: Removing solid waste (other than refuse) that 5 one generated, stored and collected oneself and self-hauling it to a solid waste management 6 facility legally authorized to accept that solid waste (such as yard waste and food waste delivered 7 to an organics processing facility, or cans and bottles, to a redemption center); s (e) Rendering: Removing solid waste and transporting and delivering it to a rendering facility 9 (for example, removing dead animals, bones, meat scraps or food processing residue for 10 rendering); or I i (f) Incidental Retailers/Contractors Haul: Providing incidental solid waste management services 12 with respect to byproducts of one's primary business, for example, the following: 13 (1) Construction contractors or subcontractors (such as carpenters, masons, roofers, electricians 14 and plumbers), hauling solid waste that they generate in the normal course of service provided; 15 (2) Construction and demolition contractors hauling construction and demolition debris from 16 residential and commercial premises, when: 17 (a) The building or demolition/modification contractor owns and operates the equipment 18 necessary to load and haul the construction and demolition debris generated to a lawful disposal 19 site, or V0 (b) The construction and demolition debris generated is hauled by a fixed body vehicle or trailer 21 known as an "end dump" having a capacity of thirty(30) cubic yards or more, and which vehicle 22 or trailer must have a non-detachable debris container with an open top and cannot be capable of 23 loading itself and the driver remains with the vehicle while it is being loaded, provided further 24 that equivalent services or equipment are not available from the franchised hauler; 25 (3) Hired gardeners, hauling yard waste they generate; 26 (4) Street cleaners; 27 28 17 1 (5) Retailers hauling solid waste that they remove following delivery of comparable new 2 merchandise (such as carpet, cabinets, mattresses, home appliances and furniture); or 3 (6) Material Removed As Incidental Part of Other Service Provided. Materials loaded and 4 removed from a premise by a company as an incidental part of gardening, landscaping, weed 5 abatement, tree trimming, cleaning, maintenance, or similar service offered by that company 6 rather than as a waste hauling service. Materials are loaded by company employees directly into 7 equipment owned and operated by that company." 8 Section 35. Section 31-21.3 entitled "Violating terms of ordinance," of Article Ill, entitled 9 "License Requirements and Procedures," of Chapter 31, entitled "Solid Waste Collection, 10 Management and Recycling" of the Butte County Code is hereby added to read as follows: 11 "31-21.3—Violating terms of ordinance. 12 (a) Violation of any provision of sections 31-20, 31-21 and 31-21.1 is a misdemeanor 13 punishable by fines of not less than five hundred ($500)dollars nor more than one thousand 14 ($1,000) dollars, or by imprisonment for a term not to exceed six(6)months, or by both such 15 fine and imprisonment. Each incident of collection, transportation, processing, or disposal shall 16 be a separate offense. The conviction and punishment of any person shall not relieve such 17 person from responsibility of ceasing the conduct prohibited by this section. 18 (b) Any violation of this section may be redressed, enjoined, and abated by civil action 19 zo through the office of the County Counsel. 21 (c) The holder of any valid franchise, contract, license, permit, or other entitlement granted 22 by the County may bring an action to enforce the provisions of this section in a court of 23 competent jurisdiction, provide that nothing herein shall be construed to authorize an action 24 against the County of Butte, its officers, or employees. 25 (d) All remedies provided for herein are cumulative and not exclusive, and are in addition to 26 any other remedy or penalty provided by law. Nothing contained in this chapter shall be deemed 27 to bar any other legal, equitable, or summary remedy to which the County or the holder of any 28 18 I valid franchise, contract, license, permit, or other entitlement granted by the county may be 2 entitled." 3 Section 36. Section 31-22 entitled "New or renewal license application," of Article III, 4 entitled "License Requirements and Procedures," of Chapter 31,entitled "Solid Waste 5 Collection, Management and Recycling" of the Butte County Code is hereby added to read 6 as follows: 7 "31-22—New or renewal license application. 8 An applicant for a license must submit a true and complete application package (or update of a 9 licensed hauler's prior application package) in the format required by the LEA, and including, at 10 a minimum, the following: 11 (a) Proof of insurance and bonding required in Sections 31-30 and 31-31; and 12 (b) License fee for one (1) year of operation, in the amount determined from time to time by the 13 County; and 14 c A completed application on a fonn provided b the LEA and containing, at a minimum all o O p pp � p Y g� 15 the following information: 16 (1)Applicant's name, and home and business address; and 17 (2)An identification of trade name(s) or company name(s) under which the applicant intends to is conduct business. 1f multiple trade or company names will be used, a description of each 19 business entity must be included; and 20 (3)Address(es) or location(s)where applicant will park all trucks and operating equipment and 21 the zone classification of the location(s); and 22 4 A complete description of all trucks and equipment that the applicant owns controls, or O p p � pp � 23 proposes to acquire, for the purpose of providing solid waste management services. 24 It is unlawful to knowingly submit false information or omit information in an application 25 package. Failure to disclose relevant factual information may result in rejection of the application 26 for a new license or rejection of the license renewal application." 27 28 19 I Section 37. Section 31-22.1,entitled "New or renewal license application," and section 31- 2 22.2 entitled "Solid waste management and recycling plan," of Article III,entitled "License 3 Requirements and Procedures," of Chapter 31,entitled "Solid Waste Collection, 4 Management and Recycling" of the Butte County Code are hereby repealed. 5 Section 38. Section 31-22.3 entitled "Convictions or pleas of nolo contendere," of Article 6 III, entitled "License Requirements and Procedures," of Chapter 31,entitled "Solid Waste 7 Collection, Management and Recycling" of the Butte County Code is hereby amended to 8 read as follows: 9 "Section 31-22.3—Convictions or pleas of nolo contendere. 10 Any person or entity that in the last five(5)years been the subject of any administrative or 11 judicial proceedings initiated by a federal, state or local Agency having jurisdiction over its i2 operations due to an alleged failure to comply with federal, state or local laws may be denied a 13 license at the discretion of the LEA. 14 Applicants shall cooperate with the County Sheriffs Department investigation of applicant, if 15 required by the LEA, including taking the fingerprints of applicant individuals and of owners or 16 employees of applicant entities." 17 Section 39. Section 31-22.4 entitled "New application review and appeal," of Article III, 18 entitled "License Requirements and Procedures," of Chapter 31, entitled "Solid Waste 19 Collection,Management and Recycling" of the Butte County Code is hereby amended to 20 read as follows: 21 "Section 31-22.4—New application review and appeal. 22 (a) Review, Accept/Reject. Within thirty(30) days following submission of a complete 23 application package by an applicant that is not currently a licensed hauler, the LEA will accept or 24 reject the application. Any changes to the application package shall be submitted in writing to the 25 LEA no less than fourteen (14) days prior to the proposed change being implemented. 26 (b)Notice of Rejection. The LEA will give the applicant a written notice of rejection, including a 27 description of applicant's appeal rights. 28 20 I (c) Request for Appeal. Within fifteen (15) days of the date the LEA mailed the notice of 2 rejection, the rejected applicant may submit to the LEA a written request for appeal to the Solid 3 Waste Hearing Panel (SWHP) including the appeal initiation fee, per Chapter 31A, Section 31A- 4 5. 5 (d)Notice of Appeal Hearing. Within fifteen (15) days following receipt of an appeal, the LEA 6 will set the time, date and place of the hearing and notify the applicant in writing. 7 (e) Appeal Hearing. Within thirty(30) days following LEA's receipt of applicant's appeal, the 8 SWHP will hear the appeal; provided, however, that where circumstances exist beyond the 9 control of the hearing panel or any alternates thereof, precluding such scheduling, an additional 10 thirty(30) days may be utilized. At the hearing the applicant will have the burden of proof to I 1 demonstrate the following to the satisfaction of the SWHP: 12 (1)That the public health, safety, welfare, convenience and necessity require the approval of the 13 application; and 14 (2)The applicant owns or controls sufficient equipment and facilities to meet the requirements o 15 this chapter and to adequately service its proposed collection service area. t6 The SWHP may adjourn the hearing from time to time. 17 (f) Appeal Decision. Within thirty(30) days following the completion of the hearing, per Section 18 31A-4(d), the SWHP will issue its decision." 19 Section 40. Section 31-24.1 entitled "Renewal application" of Article III, entitled "License 20 Requirements and Procedures," of Chapter 31, entitled "Solid Waste Collection, 21 Management and Recycling" of the Butte County Code is hereby amended to read as 22 follows: 23 "Section 31-24.1 —Renewal application. 24 (a) Annual License Renewal and Fee Payment. No later than the tenth business day in January of 25 each year, all licensed haulers must submit renewal applications and pay the annual fee 26 established by the County. Late payment penalties for late payment of annual fees shall be as 27 established by Chapter 43. 28 21 I (b) Probation. A licensed hauler may be placed on forty-five (45) days maximum probation by 2 the LEA. The LEA will not renew the license if the licensed hauler does not do both of the 3 following by the last business day in February: 4 (1) Pay all annual and penalty fees; and 5 (2) Submit a completed annual renewal application package. 6 (c) Penalty Fees. The licensed hauler shall pay fees as required under Section 43-2 of the Butte 7 County Code. If the licensed hauler does not pay such fees, the license renewal may be rejected. 8 (d) Review. The LEA will review a licensed hauler's renewal application to determine the 9 following: 10 (1) The licensed hauler is in compliance with this chapter; and 11 (2) The hauler is not in a default status of its Franchise Agreement for Refuse, Recyclable 12 Materials and Green Waste Collection Services. 13 The LEA may request that the licensed hauler submit additional information to support the 14 renewal application. 15 (e) Submission of Additional Information. Within thirty (30) days following the mailing date of 16 the LEA's request for more information, the licensed hauler must respond to a request for 17 information. 18 (f) Compliance and Renewal. If the LEA and County Solid Waste Manager both determine that t9 the licensed hauler is operating in compliance with this chapter, the license will be renewed. 20 (g)Noncompliance. If the LEA determines that the licensed hauler is not operating in 21 compliance with this chapter, the LEA will notify the licensed hauler in writing, identifying the 22 noncompliance. 23 (h) Correction or Suspension/Revocation. Within thirty(30) days from the date of the LEA V4 notice of noncompliance, the licensed hauler will correct the noncompliance. If the LEA 25 determines that the licensed hauler has not corrected the noncompliance, the license may be 26 suspended or revoked under Section 31-24.2." 27 28 22 I Section 41. Section 31-24.2 entitled "License suspension or revocation," of Article 111, 2 entitled "License Requirements and Procedures," of Chapter 31, entitled "Solid Waste 3 Collection, Management and Recycling" of the Butte County Code is hereby amended to 4 read as follows: 5 "Section 31-24.2—License suspension or revocation. 6 (a) Investigations. The LEA will make appropriate investigations to determine the following: 7 (1) If a licensed hauler has failed to comply or violated any law, including this chapter, state or 8 federal law, or any rules or regulations adopted thereunder, the performance standards specified 9 in Section 31-35or the provisions of its license; or 10 (2) If the licensed hauler misrepresented a material statement of facts in its initial or any renewal 11 application for a license; or 12 (3) If other good cause exists to conclude that the licensed hauler's operations are having, or may 13 have, adverse impacts on the public health, safety or welfare. 14 (b)Notice of Violation. If the LEA determines that there is sufficient evidence of such 15 noncompliance, violation, misrepresentation or cause, the LEA will give the licensed hauler 16 written notice thereof, including the following: 17 (1) The basis for its determination; 18 (2) The measures that the licensed hauler must take to correct the noncompliance, violation, 19 misrepresentation or cause; and 20 (3) The time in which the licensed hauler must complete the corrective measures. 21 (c)Notice of Intent. If the licensed hauler does not timely complete the corrective measures, the 22 LEA will issue to the licensed hauler to its last known address, via certified mail with return 23 receipt requested, a Notice of Intent to suspend or revoke (NOI)the license. The NOI shall 24 include the following: 25 (1) a statement informing the licensed hauler of the LEA's intent to suspend or revoke the 26 license; 27 (2) the basis for the LEA's determination; 28 23 1 (3) a statement regarding the licensed hauler's right to request a hearing before the SWHP. 2 Written request for the appeal may be submitted to the LEA and include the appeal initiation fee, 3 per Section 31 A-5 of the Butte County Code. 4 (4)a statement that if the licensed hauler does not request the hearing within fifteen (15) days of 5 receipt of the NOI, the LEA may take action to suspend or revoke the permit. 6 (d) Hearing. At the directed time, the SWHP will receive documentary evidence and hear 7 testimony concerning the alleged noncompliance, violation, misrepresentation or cause and any 8 other matter which the SWHP deems pertinent, from the following: 9 (1) The LEA; 10 (2) The licensed hauler; and 11 (3) Other interested individuals. 12 (e) Actions. Upon conclusion of the hearing, the SWHP may take any of the following actions: 13 (1) Overturn the LEA's determination; 14 (2) Support the LEA's determination and suspend, , or revoke the license; 15 (3) Order the licensed hauler to correct the noncompliance, violation, misrepresentation or cause, 16 subject to suspension or revocation if the licensed hauler does not comply within a specified 17 time; or 18 (4) If the SWHP determines that cause exists for revocation, it may either revoke the licensed 19 hauler's license, or, if the licensed hauler remedied the noncompliance, violation, 20 misrepresentation or cause prior to the hearing, assess a monetary penalty against the licensed 21 hauler under Section 31-24.4 22 (f) Notice. The SWHP shall give the licensed hauler written notice of its findings and its actions 23 within thirty(30) days following the completion of the hearing, per Section 31 A-4(d)." 24 Section 42. Section 31.-24.5 entitled "License fees," of Article III,entitled "License 25 Requirements and Procedures," of Chapter 311,entitled "Solid Waste Collection, 26 Management and Recycling" of the Butte County Code is hereby amended to read as 27 follows: 28 24 I "Section 31-24.5—License fees. 2 (a) Annual. The Board of Supervisors will set annual license and vehicle fees for the calendar 3 year under Chapter 43 of the Butte County Code. Fees for licenses issued for less than twelve 4 (12) months will not be prorated for the actual number of months. 5 (b) Tonnage. In addition, by resolution or ordinance, the Board of Supervisors may assess license 6 fees based upon the total annual tonnage of refuse and any other type of solid waste delivered by 7 the licensed hauler for disposal in the Neal Road Recycling and Waste Facility or other Board- s approved location(s). 9 (c) Additional. Nothing in Chapter 43 of the Butte County Code or in this chapter will prohibit 10 the County from assessing and collecting additional fees for the licenses." 1 I Section 43. Section 31-30 entitled "Insurance requirements," of Article IV, entitled 12 "Licensed Hauler Requirements," of Chapter 31, entitled "Solid Waste Collection, 13 Management and Recycling" of the Butte County Code is hereby amended to read as 14 follows: 15 "Section 31-30—Insurance requirements. 16 Solid waste collector licensees shall procure, and maintain for the duration of their license, 17 insurance against claims for injuries to persons or damages to property which may arise from or Is in connection with the performance of the work hereunder by the licensee, and the licensee's 19 agents, representatives, employees and subcontractors. 20 (a) Minimum limits of insurance. The licensee shall maintain limits no less than: 21 (1) General liability: five million dollars ($5,000,000.00) combined single limit per occurrence 22 for bodily injury, personal injury and property damage. 23 (2) Automobile liability: five million dollars ($5,000,000.00)combined single limit per accident 24 for bodily injury and property damage. 25 (3) Workers' compensation and employer's liability: Workers' compensation and employer's 26 liability coverage limits as required by the Labor Code of the State of California. 27 28 25 1 (4) Pollution (Environmental Impairment) liability insurance: five million dollars ($5,000,000) 2 per occurrence covering claims for on-site, under-site, or off-site bodily injury and property 3 damage as a result of pollution conditions arising out of its operations. 4 (b) Deductibles and self-insured retentions. Any deductibles or self-insured retentions must be 5 declared on certificates of insurance and approved by the County. At the option of the County, 6 either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects 7 the County, its officers, officials, employees and volunteers; or the licensee shall procure a bond 8 guaranteeing payment of losses and related investigations, claim administration and defense 9 expenses. 10 (c) Other insurance provisions. The policies are to contain, or be endorsed to contain, the 11 following provisions: 12 (1)General liability and automobile liability coverages. 13 a. The county, its officers, officials, employees and volunteers shall be covered as insured as 14 respects: liability arising out of activities performed by or on behalf of the licensee, including the 15 insured's general supervision of the licensee; products and completed operations of the licensee; 16 premises owned, leased, hired or borrowed by the licensee. The coverage shall contain no special i7 limitations on the scope of protection afforded to the County, its officers, officials, employees or i8 volunteers. 19 b. The licensee's insurance coverage shall be primary insurance as respects the County, its 20 officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the 21 County, its officers, officials, employees or volunteers shall be excess of the licensee's insurance 22 and shall not contribute with it. 23 c. Any failure to comply with reporting provisions of the policies shall not affect coverage 24 provided to the County, its officers, officials, employees or volunteers. 25 d. The licensee's insurance shall apply separately to each insured against whom claim is made or 26 suit is brought, except with respect to the limits of the insurer's liability. 27 28 26 1 (2) All Coverages. Each insurance policy required by this clause shall be endorsed to state that 2 coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in 3 limits except after thirty (30) days' prior written notice has been given to the County by certified 4 mail, return receipt requested. 5 (d) Acceptability of Insurers. Insurance is to be placed with insurers licensed to conduct business 6 in the State of California and who have a Best's rating of no less than B: VII. If the insurer is not 7 licensed to conduct business in the State of California, the insurer shall have a Best's rating of no 8 less than A: VII. 9 (e) Verification of coverage. Licensee shall furnish the LEA with certificates of insurance and 10 with original endorsements affecting coverage required by this clause. The certificates and 11 endorsements for each insurance policy are to be signed by a person authorized by that insurer to 12 bind coverage on its behalf. All certificates and endorsements are to be received and approved by 13 the LEA before a license is granted. The LEA reserves the right to require complete, certified 14 copies of all required insurance policies, at any time. 15 (fl Subcontractors. Licensees shall include all subcontractors as insured under its policies or 16 require all subcontractors to be insured under their own policies and to furnish LEA separate 17 certificates and endorsements. All coverages for subcontractors shall be subject to all the 18 requirements stated herein." 19 Section 44. Section 31-31 entitled "Performance bond," of Article IV, entitled "Licensed 20 Hauler Requirements," of Chapter 31, entitled "Solid Waste Collection,Management and 21 Recycling" of the Butte County Code is hereby amended to read as follows: 22 "31-31 - Performance bond. 23 The licensee shall submit a performance bond or some other security device acceptable to the 24 County in the amount of two hundred fifty thousand dollars ($250,000.00), which bond or 25 security device shall be for the benefit of the public to assure compliance with this chapter as 26 well as performance of services that have been collected for. Performance bonds submitted in 27 order to comply with the provisions of this section shall be maintained by the licensee during the 28 27 I entire period that the license is in force and shall contain a provision that the bond will not be 2 canceled without thirty(30)days' written notice to the LEA. Upon cancellation of said bond, the 3 license shall automatically terminate." 4 Section 45. Section 31-34 entitled "Heirs, successors,etc.," of Article IV, entitled "Licensed 5 Hauler Requirements," of Chapter 31, entitled "Solid Waste Collection,Management and 6 Recycling" of the Butte County Code is hereby repealed. 7 Section 46. Section 31-35 entitled "Performance standards," of Article IV, entitled 8 "Licensed Hauler Requirements," of Chapter 31, entitled "Solid Waste Collection, 9 Management and Recycling" of the Butte County Code is hereby amended to read as to follows: 11 "31-35- Performance standards. 12 The licensed hauler shall comply with the following minimum performance standards as a 13 condition of obtaining, maintaining, or renewing its license: 14 A. Licensee shall implement programs to divert from disposal a minimum of twenty five percent 15 (25%) of the solid waste it collects annually. The licensed hauler shall submit an annual 16 compliance report certifying that it has met the minimum diversion requirement programs and 17 the amount and type of solid waste that the licensed hauler diverted from disposal in that prior 18 year. The Board may review and/or change the minimum solid waste diversion percentages 19 annually. The Board may also stipulate diversion requirements in franchise agreements. The 20 solid waste diversion percentage will be calculated by applying the following formulas: 21 1. Total Solid Waste Generation = Solid Waste Disposed (tons)+ Solid Waste, including 22 Recyclable Materials, diverted from disposal /Recycled (tons) 23 2. Solid Waste Diversion Percentage= Solid Waste, including Recyclable Materials, diverted 24 from 25 Disposal/Recycled (tons) divided by 26 Total Solid Waste Generated (tons) 27 28 28 I B. Reporting. At a minimum, each licensed hauler shall prepare and submit quarterly recycling 2 reports, due by the thirtieth day following the end of the previous quarter(for example, April 30 3 for the quarter January—March), on a form approved by the county SWM. Said reports shall 4 include the weight(by type) of waste collected and the weight(by type) of materials recycled for 5 each jurisdiction (city, town, county). 6 C. Collection Requirements. Each licensed hauler shall conform with the following conditions: 7 1. Commercial Solid Waste, Including Recyclables. Except as provided in subsection (C)9 of this 8 section, and unless otherwise ordered by the LEA, every licensed hauler shall provide not less 9 than one(1) regular weekly collection of solid wastes to all commercial customers. 10 Nonputrescible materials which have been segregated from other wastes for the purpose of 11 recycling and which have been properly stored or contained, may be collected less frequently 12 than weekly, as agreed to by the licensed hauler and commercial customer. 13 2. Residential Solid Waste. Every licensed hauler shall provide not less than one (1) regular 14 weekly collection of solid wastes set out for collection within five (5) feet of service roads by 15 any residential customer, without discrimination as to place of residence or location within the 16 county. 17 3. Residential Recyclables. Every licensed hauler shall provide residential customers located 18 within the unincorporated urban areas identified as recycling zones regular curbside collection of 19 recyclable materials set out in a recycling container provided by the licensed hauler for collection 20 within five (5) feet of service roads. The licensed hauler shall provide regular curbside collection 21 of recyclable materials as part of the base collection services and the charge for this service shall 22 be included in the base collection fee. With LEA approval, non-putrescible recyclable material 23 can be collected less frequently than weekly. 24 4. Residential Yard Waste/Green Waste. Every licensed hauler shall provide residential 25 customers located within the unincorporated urban areas identified as recycling zones regular 26 curbside collection of yard waste/green waste set out in a recycling container provided by the 27 licensed hauler for collection within five (5) feet of service roads. The licensed hauler shall 28 29 I provide regular curbside collection of yard waste/green waste as part of the base collection 2 services and the charge for this service shall be included in the base collection fee. 3 5. Licensed haulers may offer curbside collection ofrecyclables and yard waste/green waste to 4 customers located outside of a recycling zone and are allowed to charge an additional fee for the 5 service. 6 6. Commercial Recyclables. Every licensee shall offer commercial customers located within the 7 unincorporated County areas, that produce four(4) or more cubic yards of solid waste per week, 8 and each multi-family residential dwelling of five (5)or more units, recycling services consistent 9 with the volume and type of common recyclable materials the commercial and/or multi-family 10 customer produces. Recycling services shall be offered annually and upon commencement of 11 disposal services. For those customers that are located in areas that do not offer the density for 12 efficient collection of recyclable materials, the hauler may request, in writing, a waiver from the 13 SWM of the requirement to offer and provide recycling services. 14 7.Non-Service Roads. Every licensed hauler may, but is not obligated to, provide such collection 15 of solid wastes set out for collection along non-service roads, and may, in such event, require the 16 residential customer to sign a waiver of damage liability or indemnification or both in a form 17 approved by the county. Every licensed hauler will use reasonable efforts to reach agreement 18 with persons owning or occupying real property along non-service roads, including said person's 19 setting solid waste out for collection at a mutually acceptable location or paying extra charges. 20 8. Variable Collection Rates. Licensed haulers shall offer variable collection rates to customers 21 based on size of refuse container to provide an incentive to participate in recycling programs. 22 Collection rates are established by a Rate Setting Methodology as part of the County's Franchise 23 Agreements with licensed haulers. 24 9. Collection Frequency and Time. The frequency of collection shall be as specified in 25 subsection (C)I - 4 of this section. No licensed hauler shall collect solid wastes or recyclable 26 materials within five hundred (500) feet of an area zoned for residential use earlier than 5:30 a.m. 27 nor later than 5:00 p.m., or on Sundays, except in emergencies or with the approval of the LEA. 28 30 I 10. Changed Schedule. The licensed hauler shall provide customers with advance written notice 2 of changes in customer's scheduled day of regular collection or other service or billing changes 3 in customer's collection services bill immediately preceding that change or by separate notice 4 sent by first class mail thirty (30) days in advance of the change. 5 11. Delivery. Within seven (7) days of receiving a customer's oral or written request for services, 6 following execution of a subscription order,the licensed hauler shall provide and deliver, 7 without charge to the customer, the customer's choice of the licensed hauler's containers, unless 8 the customer has his or her own containers acceptable to the licensed hauler. 9 12. Termination of Service. Upon oral or written direction of any customer, every licensed hauler 10 will cease providing service promptly or at any other time specified by that customer, without 11 penalty. 12 13, Container Pick Up. On a customer's next regularly scheduled collection day, after receiving 13 oral or written direction from that customer to discontinue services, but no later than seven (7) 14 days thereafter, the licensed hauler will pick up and remove, without charge, licensed hauler's 15 containers. M 14. Exchange. Upon oral or written direction to the licensed hauler, the customer may exchange 17 without charge licensed hauler's containers for different sizes, add extra licensed hauler's 18 containers or reduce the number of licensed hauler's containers. The licensed hauler will 19 exchange, deliver or remove licensed hauler's containers in accordance with the customer's 20 request no later than that customer's next regularly scheduled collection day following receipt of 21 that request but no later than five (5) days thereafter. 22 15. Push Services. At the request of any residential customer who provides a letter from a 23 medical doctor or doctors attesting that no one residing in the residence has the physical ability 24 to bring containers to the place of collection, the licensed hauler will provide push services 25 without additional charge to the customer. At the request of any other customer,the licensed 26 hauler will provide push services, and may bill that customer extra for those services. At least 27 28 31 I annually, the licensed hauler shall provide customers with notice of available push services and 2 charges for those services. County will review and approve fees for this service. 3 16. Service Standards. 4 a. General. The licensed hauler will perform all services in a prompt, thorough, reliable, 5 courteous and professional manner consistent with municipal solid waste collection industry 6 standards so that customers receive high-quality service at all times, subject to the exceptions set 7 forth in subsection (C)17 Service Exceptions, below and uncontrollable circumstances. If 8 uncontrollable circumstances preclude the licensed hauler's timely performing services, the 9 licensed hauler will resume services on the first scheduled regular collection day following 10 cessation of those uncontrollable circumstances, including collection of solid waste accumulated 11 during the continuance of those uncontrollable circumstances. 12 b. Litter. The licensed hauler will use due care to prevent solid waste from being: (1) spilled or 13 scattered during collection and transportation, including during removal and dumping of 14 containers'contents into the collection vehicle, and (2)tracked onto any alley, street, road or 15 highway by vehicles. The licensed hauler will not transfer loads from one (1) vehicle to another 16 on any alley, street, road or highway unless necessitated by mechanical failure or accidental 17 damage to a vehicle. The licensed hauler will immediately clean up any solid waste that it spills 18 or scatters. Each collection vehicle will carry a broom and shovel at all times for this purpose. If 19 the licensed hauler fails to clean up that solid waste within twenty-four(24) hours'oral or written 20 notice by county, county may clean up or cause to be cleaned up that solid waste and licensed 21 hauler shall reimburse county for county's clean up costs. The licensed hauler is responsible for 22 paying any fees, surcharges or other levies for improperly covering loads charged by the operator 23 of any solid waste facility or other entity. 24 c. Respect for Property. 25 (1) Fixtures and Personalty. The licensed hauler's employees shall use due care in entering and 26 exiting customers' property or enclosures and shall use paved walks, driveways or surfaces 27 where practicable. 28 32 1 (2) Containers. The licensed hauler will handle containers with due care. The licensed hauler will 2 return containers to within five (5) feet of the location from which the licensed hauler picked 3 them up, in an upright position, with lids properly and fully secured. The licensed hauler will not 4 place containers where they will obstruct any passable driveway, sidewalk, street or highway. 5 d. Missed Collection. The licensed hauler will provide a special pickup or other corrective action 6 acceptable to a customer within twenty-four(24)hours (Saturdays, Sundays and holidays 7 excepted)of oral or written notice to the licensed hauler of a missed scheduled collection at no 8 charge to the customer. Licensee shall be allowed to charge a return trip fee if the licensee 9 documents that the customer's container was not set out at the normal service time. If the 10 licensed hauler does not timely provide that special collection, county may perform the 11 collection or cause the collection to be performed by a third party, and the licensed hauler shall 12 reimburse county for its costs for such collection. Licensee shall maintain a list of all missed 13 collections and documented corrective action. 14 17. Service Exceptions. The licensed hauler need not collect solid waste upon the occurrence of 15 the events or in the circumstances described in this subsection. In these events or circumstances, 16 other than nonpayment, licensed hauler will complete and leave a noncollection notice securely 17 attached to the container it does not collect, describing at a minimum the date and time given, the 18 address of the premises, the reason for the noncollection, and the manner in which materials 19 should be prepared for collection. 20 a. Waste Not Properly Placed in Containers. The licensed hauler need not collect any solid waste, 21 including recyclable materials, placed outside a container. 22 b. Overweight Containers. The licensed hauler need not manually collect customer containers 23 that are cans which cannot be dumped mechanically and which, together with the contents of 24 those containers, weigh more than fifty-five (55) pounds. The licensed hauler need not collect 25 bin or roll off containers, which together with the vehicle, exceed the legal weight limit for 26 vehicles under applicable law. The licensed hauler will first notify customer, by tag attached to 27 the container or other means, that customer must remove solid waste to reduce the weight of 28 33 E those containers to legal limits. Thereafter,the licensed hauler may remove that solid waste from 2 the licensed hauler's containers and charge customer a specified fee, as listed in the licensed 3 hauler's rates, a copy of which must be supplied to the customer at or before the time of container 4 delivery. 5 c. Container Placed Along Non-Service Road. The licensed hauler need not collect any container 6 placed along any non-service road, unless the licensed hauler has reached agreement with the 7 customer who has set the container out for collection and the customer is in compliance with the 8 terms of the agreement. 9 d. Unsafe Condition. The licensed hauler need not collect containers if the licensed hauler 10 determines that any condition at or near those containers presents a health or safety threat to the 11 licensed hauler's employees. The licensed hauler will promptly notify the affected customer of 12 those threats. The licensed hauler may discontinue collection for that customer until customer 13 eliminates those threats. 14 e. Hazardous Waste or Unsafe Materials. The licensed hauler need not collect containers if the 15 licensed hauler has reason to believe they contain hazardous waste, materials not accepted at the 16 designated solid waste facility or facilities, or other materials that present a health or safety threat 17 to the licensed hauler's employees. The licensed hauler will promptly notify the customer that the 18 container contains such waste or materials and shall provide that customer with written 19 information about the proper methods for handling and disposal thereof. If the hazardous waste 20 or other materials could cause imminent danger to persons or property, the licensed hauler will 21 immediately report the matter to the Fire Department which has jurisdiction. 22 f. Nonpayment. The licensed hauler need not collect containers, and may repossess the licensed 23 hauler's containers, if customer does not pay its bill by the last day of a billing period. 24 18. Customers' Bill of Rights. Before commencing services, the licensed hauler will provide all 25 customers with a written subscription order, including the applicable service rates, pick up 26 location, pick up day, and a description of customers' rights, in a farm approved by the county 27 SWM. 28 34 I D. Collection Equipment Standards. 2 1. Recycling bins may be either open or closed containers. Open containers shall not become a 3 public nuisance, as determined by the LEA, and shall be of a proper size to accommodate seven 4 (7) days' accumulation of recyclable materials. 5 2. Solid waste equipment and vehicles shall only be parked or stored at a site approved by the 6 LEA, in compliance with all applicable zoning regulations and at such location as not to cause a 7 nuisance to either neighbors or the general public. 8 3. All containers used for the collection, transportation, or storage of solid wastes or recyclable 9 materials, including wet or liquid-producing materials or materials composed of fine particles, by 10 any person, shall be nonabsorbent, leak-resistant, watertight, durable, easily cleaned and 11 designed for safe handling, and constructed with tight-fitting lids and otherwise to prevent the 12 harborage and propagation of insects, rodents and odors and to prevent loss of solid waste or 13 recyclable materials from the containers during collection and transportation. All containers shall 14 be maintained in good condition and cleaned on a frequency and in a manner so as to prevent the 15 propagation or attraction of flies, rodents or other vectors and the creation of nuisances. Such 16 cleaning shall be performed by the licensed hauler or by the customer, if so provided in the 17 applicable service contract. All containers shall be clearly marked on each side with the name 18 and telephone number of the licensed hauler. 19 4. Every collection vehicle used by the licensed hauler for collecting and disposing of solid wast 20 shall be designed and/or suitable for the collection of solid waste and shall comply with the 21 provisions of all applicable laws, including this chapter. All such vehicles shall be kept painted 22 on the exterior, shall be maintained in good, safe and clean condition. There shall be displayed 23 on each side of each vehicle the licensed hauler's business name, telephone number, the vehicle 24 number and the words "County License No. ," in letters not less than four(4) nor 25 more than twelve (12) inches in height. The LEA may suspend any collection vehicle from 26 operating if the collection vehicle does not meet the safety and health requirements identified 27 under the Vehicle Code, the Health and Safety Code, and this chapter. 28 35 1 5. Solid waste shall be loaded on vehicles so that none of it falls, drops, or spills upon the 2 ground, and it should be protected from wind and rain. A shovel, broom, and fire extinguisher 3 shall be kept on each vehicle at all times. 4 b. The licensed hauler shall provide written notice and a description of newly acquired solid 5 waste collection vehicles (including make, model and identification number) to the LEA within 6 fourteen (14) days after acquisition of the vehicle. 7 7. The LEA shall inspect all solid waste collection vehicles and transfer bins at the time license 8 application is filed and shall inspect all collection vehicles including newly acquired collection 9 vehicles at a minimum of once per year thereafter. Requests for annual inspection shall be made 10 by the LEA two (2)weeks in advance. 11 8. Residential and commercial recycling containers shall include an imprint or decal listing the 12 recyclable materials that are accepted in the curbside recycling program. Such decals shall be 13 replaced as needed to provide that the information is legible. 14 E. Separation of Recyclable Materials. The licensed hauler will not segregate, separate or remove 15 any recyclable materials from solid waste, unless approved by county in county's sole discretion. 16 F. Maintenance of Storage Containers by Licensed Hauler. Where the licensed hauler furnishes 17 reusable storage containers for solid waste, the licensed hauler is responsible for maintaining the 18 containers in good condition, ordinary wear and tear excepted. The licensed hauler and the 19 customer shall agree to the size and frequency of collection from storage containers provided for 20 or by the licensed hauler. 21 G. Disposal of Wastes. 22 1. Licensed haulers shall deliver all solid waste they collect to a solid waste facility or facilities 23 in Butte County owned by the county and designated by county's SWM. except that licensed 24 haulers may deliver commingled recyclable material and construction and demolition material to 25 a recycling facility associated with a county approved recycling program, provided that residual 26 solid waste may be required to be delivered to a solid waste facility or facilities in Butte County 27 owned by the county and designated by county's SWM. Provided, however, licensed haulers may 28 36 I deliver solid waste they collect to a solid waste facility located in another state of the United 2 States outside the State of California that is in full compliance with the laws and regulations 3 applicable to that facility. 4 2. It shall be illegal for a licensed hauler to dispose of solid waste at an unpermitted illegal 5 disposal site. A violation, upon conviction, shall be punishable by a ten thousand dollar 6 ($10,000.00) fine and shall be grounds for immediate revocation of the license. Each day of 7 violation shall be counted as a separate offense. 8 3. The licensed hauler will observe and comply with all regulations applicable to the licensed 9 hauler in effect and posted at the designated solid waste facility or facilities or otherwise 10 provided to the licensed hauler and will coordinate deliveries with the schedule of the solid waste 11 facility or facilities. The licensed hauler will at all times deliver and discharge materials and exit 12 in accordance with standard disposal facility practices. 13 H.No Discrimination. The licensed hauler shall not discriminate against customers entitled to 14 solid waste collection on account of race, color, national origin, ancestry, religion, sex, age, 15 sexual orientation, marital status, physical handicap or medical condition, place of residence 16 within the county, or as otherwise prohibited by and in accordance with applicable law. 17 I. Commingling of Solid Waste. The licensed hauler may commingle solid waste collected in the 18 incorporated areas of the county with solid waste collected in the unincorporated area of the 19 county, provided that licensed hauler can provide to the SWM a method that will document 20 accurately the amount of waste collected in the unincorporated area. 21 J. Customer Service. 22 1. The licensed hauler will maintain a local telephone number, toll free to customers, at least 23 during office hours. The licensed hauler will list that telephone number under the licensed 24 hauler's name in county telephone directories (white pages and yellow pages) and print it on 25 customers' bills. The licensed hauler will provide an answering machine or answering service to 26 take reports of missed pick ups and other complaints which are received outside of office hours. 27 28 37 1 2. The licensed hauler will train its customer service representatives. The licensed hauler will 2 authorize customer service representatives to resolve complaints and disputes or to have 3 immediate access by phone or in person to someone authorized to do so. 4 3. The licensee shall maintain a record of all complaints received by mail, by telephone, by 5 email, or in person for a period of three (3) years. The licensee shall identify the date, name, 6 address, the contact information of the customer making the complaint, the nature of the 7 complaint and the action taken by the licensee to resolve the complaint. The licensee shall 8 initially respond to the customer within one (1) business day and shall use reasonable efforts to 9 resolve all customer complaints within two (2) business days. Records of all complaints shall be 10 available to the County's officers upon request. 11 4. Customer service representatives shall inform all new residential and commercial customers 12 inside the recycling zones of the curbside recycling program. A pamphlet explaining the program 13 and acceptable recyclable materials shall be provided to the customer at time of subscribing to 14 trash service. 15 5. At least once per year, information about the licensed hauler's recycling programs shall be 16 distributed to residential and commercial customers inside the recycling zone areas. Information 17 shall include, at a minimum, available recycling programs, acceptable materials collected by the 18 recycling programs, variable can rates, and disposal options for wastes not acceptable for 19 disposal at the Neal Road Recycling & Waste facility. licensed hauler shall submit its 20 educational and promotional material to the SWM for review prior to distribution." 21 Section 47. Section 31-39 entitled "Termination of service," of Article IV, entitled 22 "Licensed Hauler Requirements," of Chapter 31,entitled "Solid Waste Collection, 23 Management and Recycling" of the Butte County Code is hereby amended to read as 24 follows: 25 "31-39- Termination of service. 26 When a licensee chooses to permanently terminate solid waste collection services to any or all 27 customers for any reason, other than nonpayment for services, or when any person who does not 28 38 I have a current, valid license is notified by the LEA in writing to terminate solid waste collector 2 services, such licensee or person shall issue a written notice to such customer(s) no less than 3 thirty (30) days prior to termination of service in accordance with the procedures specified in 4 section 31-24.3(b)." 5 Section 48. Section 31-39.1 entitled "Collection rates," of Article IV, entitled "Licensed 6 Hauler Requirements," of Chapter 31, entitled "Solid Waste Collection,Management and 7 Recycling" of the Butte County Code is hereby amended to read as follows: 8 "31-39.1 - Collection rates. 9 Each licensee may charge solid waste and recyclable materials collection and/or processing rates 10 for services rendered. All collection rates shall be approved by the County." 11 Section 49. Section 31-39.2 entitled "Licensee compensation for recycling," of Article IV, 12 entitled "Licensed Hauler Requirements," of Chapter 31, entitled "Solid Waste Collection, 13 Management and Recycling" of the Butte County Code is hereby repealed. 14 Section 50. Section 31-39.3 entitled "Quarterly recycling report required," of Article IV, 15 entitled "Licensed Hauler Requirements," of Chapter 31, entitled "Solid Waste Collection, 16 Management and Recycling" of the Butte County Code is hereby amended to read as 17 follows: 18 1131-39.3 - Quarterly recycling report required. 19 Each licensee shall provide the solid waste manager or his or her designee with copies of a 20 quarterly recycling report. The report shall be due on the thirtieth (30th) day of each April, July, 21 October, and January, for the previous quarter. The quarterly recycling report shall include all of 22 the following information: 23 (a) Identification of licensee and the time period covered by the report; 24 (b) Summary of all recyclable materials collected, processed, and delivered to end market or 25 intermediate processor. The summary is to separately provide the weights, volumes, and or 26 numbers of each type of recyclable material. 27 28 39 I (c) An estimate of the percentage of accounts participating in, or paying for, the recycling 2 collection program and the basis for the estimate. The percentage(%) number of accounts that 3 participate in the recycling collection program shall be determined as follows: 4 (1) %=number of accounts participating X 100 5 total number of accounts served 6 If licensee delivers recyclable materials to be processed through a materials recovery facility, 7 then licensee shall report to the best of its ability the number of residential and commercial 8 accounts, or estimated percentage of customers'waste stream, that is delivered to the materials 9 recovery facility. 10 (d)An estimate of the total percentage of the waste stream being diverted through the recycling 11 collection program or materials recovery facility and the basis for the estimate. The estimated 12 total percentage (%) of the waste stream being diverted through the recycling collection program 13 shall be determined as follows, in accord with Section 31-35(A): 14 (1)Total waste generation=waste disposed (total tons) +materials recycled (total tons) 15 (2) Waste Diversion %= 16 Materials recycled (total tons)x 100 17 total waste generated (total tons)." 18 Section 51. Section 31-39.4 entitled "Failure to meet performance standards," of Article 19 1V, entitled "Licensed Hauler Requirements," of Chapter 31, entitled "Solid Waste 20 Collection, Management and Recycling" of the Butte County Code is hereby amended to 21 read as follows: 22 "31-39.4 - Failure to meet performance standards. 23 Failure of the licensee to submit the report as required, or licensee's failure to achieve current 24 waste diversion requirement through recycling efforts, as defined in Section 31-35, performance 25 standards, may result in liccnsc review and possible revocation of the license." 26 Section 52. Section 31-50.1 entitled "Improper placement of containers," of Article VI, 27 entitled "Prohibitions and Enforcement," of Chapter 31, entitled "Solid Waste Collection, 28 40 I Management and Recycling" of the Butte County Code is hereby amended to read as 2 follows: 3 1131-50.1 -Improper placement of containers. 4 No person shall place a container in a position that will obstruct public streets, public sidewalks, 5 or any public or private driveway. Containers shall not be set out for collection within five(5) 6 feet of service roads or along non-service roads more than twelve (12) hours in advance of the 7 scheduled day of regular collection and shall not be permitted to remain in the collection location 8 more than twenty-four(24) hours after collection." 9 Section 53. Section 31-53 entitled "Enforcement; penalties," of Article VI, entitled 10 "Prohibitions and Enforcement," of Chapter 31, entitled "Solid Waste Collection, 11 Management and Recycling" of the Butte County Code is hereby amended to read as 12 follows: 13 1131-53 - Enforcement; penalties. 14 (a) Any person violating any of the provisions of Articles III, IV or VI of this chapter shall be 15 deemed guilty of a misdemeanor and subject to the penalties provided for in section 1-7 of the 16 Butte County Code. Each day a violation is committed or continues shall constitute a separate 17 offense. 18 (b)As an alternative to criminal enforcement, the county and licensee may civilly enforce any 19 provision of this chapter, to and including the authority to seek treble damages, to the same 20 extent as a recycling agent, pursuant to California Public Resources Code Section 41953. The 21 LEA may invoke these remedies, or any of them, whenever it deems it appropriate. Z2 (c) Authority for the enforcement of this chapter shall be vested in the Butte County Public 23 Health Department, Division of Environmental Health." 24 Section 54. Section 31-61 entitled "Definitions," of Article VII, entitled "Diversion of 25 Construction and Demolition Debris," of Chapter 31,entitled "Solid Waste Collection, 26 Management and Recycling" of the Butte County Code is hereby amended to read as 27 follows: 28 41 1 "31-61 -Definitions. 2 For the purposes of this article the following definitions apply: 3 a. "Applicant" means any individual, firm, limited liability company, association, partnership, 4 political subdivision, government agency, municipality, industry, public or private corporation, 5 or any other entity whatsoever who applies to the County for applicable permits to undertake any 6 construction, demolition, or renovation project within the County, including, but not limited to, 7 any person or entity holding, or required to hold, a contractor's license of any type under the laws 8 of the State of California, or who performs (whether as contractor, subcontractor or owner- 9 builder) any construction, demolition, remodeling, or landscaping service relating to buildings or 10 accessory structures in Butte County. 1 l b. "Responsible Party" means any applicant to whom a permit is issued by the County for a 12 project. 13 c. "Construction" means all building, landscaping, remodeling, addition, removal or destruction. 14 d. "Divertible Materials" includes: 15 1. Masonry building materials generally used in construction including, but not limited to, 16 asphalt, concrete, rock, stone, and brick; 17 2. Wood materials including any and all dimensional lumber, fencing or construction wood that 18 is not chemically treated, creosoted, CCA pressure-treated, contaminated or painted; 19 3. Vegetative materials including trees, tree parts, shrubs, stumps, logs, brush or any other type 20 of plants that are cleared from a site for construction or other use; 21 4. Metals including all metal scrap such as, but not limited to, pipes, siding, window frames, door 22 frames and fences; 23 5. Roofing materials including wood shingles as well as asphalt, stone and slate-based roofing 24 material; 25 6. Fixtures that are in good working order including, but not limited to, shower stalls, sinks, 26 faucets, tubs, cabinets, fans and built-in appliances; 27 7. Any other material, which the Solid Waste Manager finds can be reasonably diverted. 28 42 I e. "Dispose" means the final deposition of solid wastes onto land, into the atmosphere, or into the 2 waters of the state. 3 f. "Divert" means to prevent material from being disposed in a landfill or elsewhere, through a 4 lawful transfer of possession of such material to a recycling or reuse facility which has been 5 approved by the Solid Waste Manager. 6 g. "Project" means any activity involving construction, demolition, or renovation, and which 7 requires issuance of a permit from the County of Butte, if such projects exceed ten thousand S (10,000) square feet or if such projects will result in the generation of more than one thousand 9 (1,000) cubic yards of construction and demolition debris. 10 h. "Renovation" means any change, addition, or modification to an existing structure. 11 i. "Solid Waste Manager" means the director of the Department of Public Works, or his or her 12 designee." 13 Section 55. Section 31-63 entitled "Diversion," of Article VII, entitled "Diversion of 14 Construction and Demolition Debris," of Chapter 31, entitled "Solid Waste Collection, 15 Management and Recycling" of the Butte County Code is hereby amended to read as 16 follows: 17 "31-63 -Diversion requirements. 18 a. During the duration of a project, the responsible party shall divert, at a minimum, fifty percent 19 (50%) by weight of the divertible materials from the solid waste stream when required as a 20 condition of a County permit issued for a project, unless the Solid Waste Manager requires a 21 lower percentage of divertible materials be diverted, in which case, the responsible party shall 22 divert, at a minimum, the percentage by weight of the divertible materials from the solid waste 23 stream required as a condition of a County permit issued for a project. 24 b. When submitting plans for a project to the Building Official, the responsible party will provide 25 a "Construction and Demolition Waste Diversion Plan" (Diversion Plan) that will identify the 26 means of how the materials will be diverted, which materials will be targeted, and approximate 27 quantities. The Solid Waste Manager, or his or her designee, will either approve the Diversion 28 43 I Plan or return with suggested revisions. The Solid Waste Manager, or his or her designee, will 2 conduct site inspections for the duration of the project as a resource for compliance with the 3 Waste Diversion Plan. 4 c. In building permits for projects, the Building Official shall insert the following statement or an 5 applicable variation thereof- 6 "During the project, the Responsible Party shall comply with Article VII of Chapter 31 of the 7 Butte County Code, regarding diversion of construction and demolition debris. Consistent with 8 Article VII, the Responsible Party shall separate divertible materials, such as appliances, 9 dimensional lumber, concrete, brick, asphalt, cardboard, scrap metal, wood waste, vegetative 10 waste and roofing material. Separated debris may be taken to a local landfill, but shall not be I l mixed with waste to be disposed at the landfill." 12 d. Although it may not be an explicit condition of the building permit, those working on non- 13 covered projects are encouraged to divert material from construction and demolition projects to 14 the maximum extent practicable in accordance with the ordinance. 15 e. To the maximum extent feasible, divertible materials shall be separated on-site if this practice 16 leads to an increased diversion. This may include salvageable materials (e.g., appliances), 17 dimensional lumber, concrete, brick, asphalt, cardboard, scrap metal, wood waste, vegetative 18 waste and roofing material. 19 f. All applicants are encouraged to contact their waste service provider or the local County/City 20 Solid Waste Agency for suggestions about how to minimize disposal costs and maximize 21 diversion. Applicants shall be familiar with other requirements governing the disposal of solid 22 waste in California, including identification of materials that are prohibited from disposal in 23 municipal landfills. 24 g. This article does not require the use of specific waste service providers or require disposal of 25 waste or divertible material at the Neal Road Recycling and Waste Facility. 26 h. Upon completion of the project, the Solid Waste Manager, or his or her designee, will review 27 the Construction and Demolition Waste Diversion Plan compliance by the responsible party to 28 44 I determine if Plan goals were met. The responsible party shall submit,to the Solid Waste 2 Manager, a report disclosing the types and amounts of salvaged, reused, recycled commodities 3 and landfilled tonnage, on a form approved by the Solid Waste Manager, within thirty (30) days 4 of completion of the project, as determined by the Solid Waste Manager." 5 Section 56. Severability. If any provision of this Ordinance or the application thereof to any 6 person or circumstances is for any reason held to be invalid by a court of competent jurisdiction, 7 such provision shall be deemed severable and the invalidity thereof shall not affect the remaining 8 provisions or other applications of the Ordinance which can be given effect without the invalid 9 provision or application thereof. 10 Section 57. Effective Date and Publication. This ordinance shall take effect thirty (30)days 11 after the date of its passage. The Clerk of the Board of Supervisors is authorized and directed to 12 publish this ordinance before the expiration of fifteen (15) days after its passage. This Ordinance 13 shall be published once, with the names of the members of the Board of Supervisors voting for 14 and against it, in the Chico Enterprise-Record, a newspaper of general circulation published in 15 the County of Butte, State of California. 16 17 18 19 20 21 22 23 24 25 26 27 28 45 PASSED AND ADOPTED by the Board of Supervisors of the county of Butte, State of 2 California, on the 0' day of November, 2014, by the following vote: AYES: Supervisor Connelly, Wall, Kirl, Lambert and Clair Teeter 4 NOES: None 5 ABSEN'r: None 6 NOT VOIJNG: None 7 8 9 10 DOUG TEETER, Chair of the Butte County 11 Board of Supervisors 12 is AT-rEST: 14 PAUL HAHN, ief Achninistrative,0f cer and leek ft Board 15 C 16 Bv: 17 1,11 19 20 21 22 23) 24 25 26 27 28 46 Recycling BCC CH31 Exhibit Ji .... w J.lik.Ln a sM _9 ✓J L{I " Jordan Hil 11 F .. �y bra„ .. I urbslde Recycling Zones upper Rldge Zane 1,968 Parcels Per Square Mile' South Orowille Zone Z, 1,093 Parcels Per Square Mole il T'laerrnallto Zone 3, 1,154 Parcels Per Square Mile Durham Zone 4,637 Parcels Per Square Mile fflfj,M Kefly Ridge Zone 5,11,195 Parcels Per Square Mile City Limits W':\CoYti hR Gp;'VIRV F,Is I I 'l.•llnvu�3Q 111 I inyg rx k ,,��y,,r IEi J.µa.pu4f Recycling l r vill Recycling r ll Exhibit �.. a I+ f Recycling Zone 3 � a / 9 I m e" ASIn.`rit�"tae°pP 9 r ELe � e �Box R ... IL — CY,II ea .......y _ A Y; 'o U _.......... a .. 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