Butte County Municipal Code § 31-22 New or renewal license application

Footnotes:

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Editor's note— Section 2 of Ord. No. 4019, adopted April 13, 2010, repealed and replaced Art. III to read as herein set out. Former Art. III pertained to the same subject matter and derived from Ord. No. 3336, adopted May 27, 1997.

(a) It shall be unlawful for any person, firm, corporation, or association to collect, transport, process, or dispose of solid waste, including refuse, recyclable material, green waste, and food waste, through the use of bags, cans, carts, bins, roll-off containers, dumpsters, debris boxes, or similar receptacles, or through the use of compactors, portable compactors, or similar devices, within the unincorporated area of the County of Butte unless that person, firm, corporation, or association holds a valid License for such activity granted by the County, or is exempted from this provision under section 31-21.

(b) County may establish service areas in the unincorporated areas of Butte County and issue franchise(s) for such service areas. Upon the effective date of a franchise(s) only a franchised hauler(s) will be issued a license. Franchised haulers are required to obtain and maintain a valid license issued by the LEA during the term of any franchise agreement.

(Ord. No. 4019, § 2, 4-13-10; Ord. No. 4088, § 33, 11-4-14)

The Board of Supervisors of Butte County finds as follows:

(a) Purchase of Recyclable Material. Collection of recyclable materials generated by residential or commercial premises that meet the following requirements: the recyclable materials (1) are source separated; (2) are further segregated by recyclable commodity by the generator; (3) are collected through a private arrangement with the generator; and (4) the generator receives a net payment for such recyclable materials. Recyclable materials that are not discarded and are sold for value by the owner thereof are not "solid waste" for purposes of this section, provided that such recyclable materials meet the requirements of this section. No one may directly or indirectly charge fees for providing solid waste management services, including collection, transportation and processing, with respect to commingled or source separated recyclable materials, with or without a license, except in conjunction with providing solid waste management services with respect to refuse by a franchised hauler. For purposes of this section, "fee" means any compensation, whether in cash, credit, discount, kind or other form of remuneration. The seller may not pay the buyer any consideration for collecting, processing, or transporting such recyclable materials or as a consulting fee for recycling services or as a "bin rental" or other consideration for real or personal property used in such collection, transportation, or processing. A discount or reduction in price for collection, disposal, and/or recycling services for any form of unsegregated or segregated solid waste is not a sale of recyclable materials for purposes of this section.

(b) Animal Food. Providing solid waste management services with respect to food waste for use as animal food without compensation;

(c) Self-haul of refuse from a non-mandatory service area outside of a recycling zone or after receiving a written self-haul waiver. Removing refuse that one generated, stored and collected oneself and self-hauling it to, and discarding it at, a solid waste management facility designated by the County (for example, disposal at the Neal Road Recycling & Waste Facility);

(d) Self-haul of solid waste other than refuse from a non-mandatory service area outside of a recycling zone or after receiving a written self-haul waiver. Removing solid waste (other than refuse) that one generated, stored and collected oneself and self-hauling it to a solid waste management facility legally authorized to accept that solid waste ( such as yard waste and food waste delivered to an organics processing facility, or cans and bottles, to a redemption center);

(e) Rendering. Removing solid waste and transporting and delivering it to a rendering facility (for example, removing dead animals, bones, meat scraps or food processing residue for rendering); or

(f) Incidental Retailers/Contractors Haul. Providing incidental solid waste management services with respect to byproducts of one's primary business, for example, the following:

(1) Construction contractors or subcontractors (such as carpenters, masons, roofers, electricians and plumbers), hauling solid waste that they generate in the normal course of service provided;

(2) Construction and demolition contractors hauling construction and demolition debris from residential and commercial premises, when:

(a) The building or demolition/modification contractor owns and operates the equipment necessary to load and haul the construction and demolition debris generated to a lawful disposal site, or

(b) The construction and demolition debris generated is hauled by a fixed body vehicle or trailer known as an "end dump" having a capacity of thirty (30) cubic yards or more, and which vehicle or trailer must have a non-detachable debris container with an open top and cannot be capable of loading itself and the driver remains with the vehicle while it is being loaded, provided further that equivalent services or equipment are not available from the franchised hauler;

(3) Hired gardeners, hauling yard waste they generate;

(4) Street cleaners;

(5) Retailers hauling solid waste that they remove following delivery of comparable new merchandise (such as carpet, cabinets, mattresses, home appliances and furniture); or

(6) Material Removed as Incidental Part of Other Service Provided. Materials loaded and removed from a premise by a company as an incidental part of gardening, landscaping, weed abatement, tree trimming, cleaning, maintenance, or similar service offered by that company rather than as a waste hauling service. Materials are loaded by company employees directly into equipment owned and operated by that company.

(Ord. No. 4019, § 2, 4-13-10; Ord. No. 4088, § 34, 11-4-14; Ord. No. 4217, § 21, 5-10-22)

(a) Violation of any provision of Sections 31-20, 31-21 and 31-21.1 is a misdemeanor punishable by fines of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00), or by imprisonment for a term not to exceed six (6) months, or by both such fine and imprisonment. Each incident of collection, transportation, processing, or disposal shall be a separate offense. The conviction and punishment of any person shall not relieve such person from responsibility of ceasing the conduct prohibited by this section.

(b) Any violation of this section may be redressed, enjoined, and abated by civil action through the office of the County Counsel.

(c) The holder of any valid franchise, contract, license, permit, or other entitlement granted by the County may bring an action to enforce the provisions of this section in a court of competent jurisdiction, provide that nothing herein shall be construed to authorize an action against the County of Butte, its officers, or employees.

(d) All remedies provided for herein are cumulative and not exclusive, and are in addition to any other remedy or penalty provided by law. Nothing contained in this chapter shall be deemed to bar any other legal, equitable, or summary remedy to which the County or the holder of any valid franchise, contract, license, permit, or other entitlement granted by the County may be entitled.

(Ord. No. 4088, § 35, 11-4-14)

An applicant for a license must submit a true and complete application package (or update of a licensed hauler's prior application package) in the format required by the LEA, and including, at a minimum, the following:

(a) Proof of insurance and bonding required in Sections 31-30 and 31-31; and

(b) License fee for one (1) year of operation, in the amount determined from time to time by the County; and

(c) A completed application on a form provided by the LEA and containing, at a minimum, all of the following information:

(1) Applicant's name, and home and business address; and

(2) An identification of trade name(s) or company name(s) under which the applicant intends to conduct business. If multiple trade or company names will be used, a description of each business entity must be included; and

(3) Address(es) or location(s) where applicant will park all trucks and operating equipment and the zone classification of the location(s); and

(4) A complete description of all trucks and equipment that the applicant owns, controls, or proposes to acquire, for the purpose of providing solid waste management services. It is unlawful to knowingly submit false information or omit information in an application package. Failure to disclose relevant factual information may result in rejection of the application for a new license or rejection of the license renewal application.

(Ord. No. 4088, § 36, 11-4-14)

Editor's note— Ord. No. 4088, § 37, adopted November 4, 2014, repealed §§ 31-22.1, 31-22.2, in their entirety. Former 31-22.1, 31-22.2 pertained to new or renewal license application, and solid waste management and recycling plan, respectively, and were derived from Ord. No. 4019, § 2, adopted April 13, 2010.

Any person or entity that in the last five (5) years been the subject of any administrative or judicial proceedings initiated by a federal, state or local Agency having jurisdiction over its operations due to an alleged failure to comply with federal, state or local laws may be denied a license at the discretion of the LEA.

Applicants shall cooperate with the County Sheriffs Department investigation of applicant, if required by the LEA, including taking the fingerprints of applicant individuals and of owners or employees of applicant entities.

(Ord. No. 4019, § 2, 4-13-10; Ord. No. 4088, § 38, 11-4-14)

(a) Review, Accept/Reject. Within thirty (30) days following submission of a complete application package by an applicant that is not currently a licensed hauler, the LEA will accept or reject the application. Any changes to the application package shall be submitted in writing to the LEA no less than fourteen (14) days prior to the proposed change being implemented.

(b) Notice of Rejection. The LEA will give the applicant a written notice of rejection, including a description of applicant's appeal rights.

(c) Request for Appeal. Within fifteen (15) days of the date the LEA mailed the notice of rejection, the rejected applicant may submit to the LEA a written request for appeal to the Solid Waste Hearing Panel (SWHP) including the appeal initiation fee, per Section 31A-5.

(d) Notice of Appeal Hearing. Within fifteen (15) days following receipt of an appeal, the LEA will set the time, date and place of the hearing and notify the applicant in writing.

(e) Appeal Hearing. Within thirty (30) days following LEA's receipt of applicant's appeal, the SWHP will hear the appeal; provided, however, that where circumstances exist beyond the control of the hearing panel or any alternates thereof, precluding such scheduling, an additional thirty (30) days may be utilized. At the hearing the applicant will have the burden of proof to demonstrate the following to the satisfaction of the SWHP:

(1) That the public health, safety, welfare, convenience and necessity require the approval of the application; and

(2) The applicant owns or controls sufficient equipment and facilities to meet the requirements of this chapter and to adequately service its proposed collection service area. The SWHP may adjourn the hearing from time to time.

(f) Appeal Decision. Within thirty (30) days following the completion of the hearing, per Section 31A-4(d), the SWHP will issue its decision.

(Ord. No. 4019, § 2, 4-13-10; Ord. No. 4088, § 39, 11-4-14)

(a) Annual License Renewal and Fee Payment. No later than the tenth business day in January of each year, all licensed haulers must submit renewal applications and pay the annual fee established by the County. Late payment penalties for late payment of annual fees shall be as established by Chapter 43.

(b) Probation. A licensed hauler may be placed on forty-five (45) days maximum probation by the LEA. The LEA will not renew the license if the licensed hauler does not do both of the following by the last business day in February:

(1) Pay all annual and penalty fees; and

(2) Submit a completed annual renewal application package.

(c) Penalty Fees. The licensed hauler shall pay fees as required under Section 43-2. If the licensed hauler does not pay such fees, the license renewal may be rejected.

(d) Review. The LEA will review a licensed hauler's renewal application to determine the following:

(1) The licensed hauler is in compliance with this chapter; and

(2) The hauler is not in a default status of its Franchise Agreement for Refuse, Recyclable Materials and Green Waste Collection Services.

The LEA may request that the licensed hauler submit additional information to support the renewal application.

(e) Submission of Additional Information. Within thirty (30) days following the mailing date of the LEA's request for more information, the licensed hauler must respond to a request for information.

(f) Compliance and Renewal. If the LEA and County Solid Waste Manager both determine that the licensed hauler is operating in compliance with this chapter, the license will be renewed.

(g) Noncompliance. If the LEA determines that the licensed hauler is not operating in compliance with this chapter, the LEA will notify the licensed hauler in writing, identifying the noncompliance.

(h) Correction or Suspension/Revocation. Within thirty (30) days from the date of the LEA notice of noncompliance, the licensed hauler will correct the noncompliance. If the LEA determines that the licensed hauler has not corrected the noncompliance, the license may be suspended or revoked under Section 31-24.2.

(Ord. No. 4019, § 2, 4-13-10; Ord. No. 4088, § 40, 11-4-14)

(a) Investigations. The LEA will make appropriate investigations to determine the following:

(1) If a licensed hauler has failed to comply or violated any law, including this chapter, state or federal law, or any rules or regulations adopted thereunder, the performance standards specified in Section 31-35 or the provisions of its license; or

(2) If the licensed hauler misrepresented a material statement of facts in its initial or any renewal application for a license; or

(3) If other good cause exists to conclude that the licensed hauler's operations are having, or may have, adverse impacts on the public health, safety or welfare.

(b) Notice of Violation. If the LEA determines that there is sufficient evidence of such noncompliance, violation, misrepresentation or cause, the LEA will give the licensed hauler written notice thereof, including the following:

(1) The basis for its determination;

(2) The measures that the licensed hauler must take to correct the noncompliance, violation, misrepresentation or cause; and

(3) The time in which the licensed hauler must complete the corrective measures.

(c) Notice of Intent. If the licensed hauler does not timely complete the corrective measures, the LEA will issue to the licensed hauler to its last known address, via certified mail with return receipt requested, a Notice of Intent to suspend or revoke (NOI) the license. The NOI shall include the following:

(1) A statement informing the licensed hauler of the LEA's intent to suspend or revoke the license;

(2) The basis for the LEA's determination;

(3) A statement regarding the licensed hauler's right to request a hearing before the SWHP. Written request for the appeal may be submitted to the LEA and include the appeal initiation fee, per Section 31A-5.

(4) A statement that if the licensed hauler does not request the hearing within fifteen (15) days of receipt of the NOI, the LEA may take action to suspend or revoke the permit.

(d) Hearing. At the directed time, the SWHP will receive documentary evidence and hear testimony concerning the alleged noncompliance, violation, misrepresentation or cause and any other matter which the SWHP deems pertinent, from the following:

(1) The LEA;

(2) The licensed hauler; and

(3) Other interested individuals.

(e) Actions. Upon conclusion of the hearing, the SWHP may take any of the following actions:

(1) Overturn the LEA's determination;

(2) Support the LEA's determination and suspend, or revoke the license;

(3) Order the licensed hauler to correct the noncompliance, violation, misrepresentation or cause, subject to suspension or revocation if the licensed hauler does not comply within a specified time; or

(4) If the SWHP determines that cause exists for revocation, it may either revoke the licensed hauler's license, or, if the licensed hauler remedied the noncompliance, violation, misrepresentation or cause prior to the hearing, assess a monetary penalty against the licensed hauler under Section 31-24.4.

(f) Notice. The SWHP shall give the licensed hauler written notice of its findings and its actions within thirty (30) days following the completion of the hearing, per Section 31A-4(d).

(Ord. No. 4019, § 2, 4-13-10; Ord. No. 4088, § 41, 11-4-14)

Within the following number of days following the revocation of its license, the licensed hauler shall do the following:

(a) After thirty (30) days, it will not collect solid waste or provide any solid waste management services within the County.

(b) Within fifteen (15) days, it will notify all its customers of the revocation of its license and the County Solid Waste Manager and the LEA of the completion of customer notification. If the licensed hauler fails to give either notice, the LEA may notify the customers, including by means of publication taking at least one-quarter (¼) of a page in a newspaper of general circulation within the licensed hauler's service area. The LEA may recover its cost of giving notice from the licensed hauler, including liquidating the licensed hauler's indemnity bond or other security submitted to the County under Section 31-31.

(Ord. No. 4019, § 2, 4-13-10)

(a) Amount. The SWHP may assess a monetary penalty under Section 31-24.2 in the greater of the following amounts:

(1) Five hundred dollars ($500.00); or

(2) An amount equal to the costs and expenses incurred by the County for the staff time expended in preparation for, and conducting of, the hearing.

(b) Payment. Within thirty (30) days following the revocation hearing, the licensed hauler must pay the monetary penalty. If the licensed hauler does not timely pay the penalty, the SWHP may revoke its license for cause.

(Ord. No. 4019, § 2, 4-13-10)

(a) Annual. The Board of Supervisors will set annual license and vehicle fees for the calendar year under Chapter 43. Fees for licenses issued for less than twelve (12) months will not be prorated for the actual number of months.

(b) Tonnage. In addition, by resolution or ordinance, the Board of Supervisors may assess license fees based upon the total annual tonnage of refuse and any other type of solid waste delivered by the licensed hauler for disposal in the Neal Road Recycling and Waste Facility or other Board-approved location(s).

(c) Additional. Nothing in Chapter 43 or in this chapter will prohibit the County from assessing and collecting additional fees for the licenses.

(Ord. No. 4019, § 2, 4-13-10; Ord. No. 4088, § 42, 11-4-14)

The county will issue licenses for a period of one (1) year beginning the first day of March and ending on the last day of February of the following calendar year, subject to renewal under Section 31-22.5

(Ord. No. 4019, § 2, 4-13-10)

The licensed hauler may not transfer its license.

(Ord. No. 4019, § 2, 4-13-10)