Butte County Municipal Code § 31-51 Disposal on open grounds; failure to remove or properly store solid waste

a. The owner or tenant of any premises, business establishment or industry shall be responsible for the satisfactory removal of all solid wastes accumulated on such premises. To prevent propagation, harborage or attraction of flies, rodents or other vectors and the creation of a nuisance, solid waste, excepting nonflammable inert material, shall not be allowed to remain on the premises for more than seven (7) days.

b. Nonflammable inert materials stored on a premises shall not be allowed to become either a harborage for rodents, insects or other vectors, nor a public nuisance. Such inert nonflammable materials which are not properly stored shall not be allowed to remain on a premises for more than thirty (30) days.

c. The owner of any multifamily dwelling, as defined in Sections 31-11.20, 31-340 and/or 31-11.450 of this chapter, shall contract with a licensee, as defined in Section 31-11.301 of this chapter, for the provision of solid waste removal and disposal services for such dwelling, or subscribe to a licensee for the provision of solid waste services. All such owners shall maintain such a contract or subscription on an ongoing, continuous basis.

d. Garbage, rubbish, and waste matter accumulated on properties used for multifamily dwellings shall be placed in receptacles or stored for collection in the manner provided by this chapter.

e. All receptacles used for the storage of garbage, rubbish and waste matter accumulated on properties used for multifamily dwellings shall be emptied and the contents thereof removed and disposed of when:

1. The contents are even with the top of the receptacle;

2. At least once a week; and

3. The owner of any such multifamily dwelling shall not permit such contents to overflow above the top of the receptacle prior to removal and disposal.

(Ord. No. 3914, § 3, 10-13-05; Ord. No. 3874, § 5, 3-23-04; Ord. No. 3336, § 2, 5-27-97)

No person shall place a container in a position that will obstruct public streets, public sidewalks, or any public or private driveway. Containers shall not be set out for collection within five (5) feet of service roads or along non-service roads more than twelve (12) hours in advance of the scheduled day of regular collection and shall not be permitted to remain in the collection location more than twenty-four (24) hours after collection.

(Ord. No. 3844, § 15, 2-11-03)

(Ord. No. 4088, § 52, 11-4-14)

It shall be illegal for any person to deposit or dispose of solid waste on the open grounds of any public property or private property of any other person or to fail to comply with the order of the LEA for removal or proper storage of said waste. Each day solid waste remains in violation of this section shall constitute a separate offense.

(Ord. No. 3336, § 2, 5-27-97)

(a) No Litter. Anyone transporting solid waste in the county must do the following:

(1) Ensure that no solid waste (including such things as plastic grocery bags or styrofoam packing peanuts that blow, bulky items that drop, ash that sifts, liquid that leaks or spills, or any other material that might otherwise escape from the transport vehicle) leaves the vehicle transporting that solid waste until delivery to the solid waste management facility; and

(2) Comply with California Vehicle Code Section 23114(a).

(b) Covered Loads. Anyone transporting solid waste (except for processed recyclable materials) in the county must do the following:

(1) Cover the transported load of solid waste, and

(2) Comply with California Vehicle Code Section 23114(e) (with respect to aggregate material) and Section 23115(a) (with respect to solid waste such as garbage, refuse, and trash).

(c) Exception to Covered Load Requirement. Anyone transporting processed recyclable materials (for example, bailed waste paper or cardboard) need not cover transported loads but must do the following:

(1) Secure the processed recyclable materials so that nothing leaves the transport vehicle until delivery at the solid waste management facility; and

(2) Comply with California Vehicle Code Section 23115(c).

(Ord. No. 4019, § 4, 4-13-10)

(a) No Scavenging. No one may remove solid waste (for example cans or bottles with California redemption value) from someone else's container without the permission of that individual or entity except the following:

(1) Licensed hauler;

(2) A law enforcement officer;

(3) A county employee; or

(4) Someone directed by the county (for example, someone conducting solid waste audits).

(b) No Using Others' Containers. No one may tamper with or use someone else's container without permission of the individual or entity (for example, discarding one's extra refuse in someone else's refuse container or sleeping in a bin).

(c) Permission. County may presume that anyone notifying the county of actions that allegedly violate this section did not grant permission, subject to the alleged tamperer or user providing contrary evidence to the satisfaction of county.

(d) Serviced or Owned Containers. For purposes of this section, "container" includes containers provided by either a licensed hauler or an owner.

(Ord. No. 4019, § 4, 4-13-10)

It shall be illegal for any person to burn garbage in Butte County unless the consent of the county health officer and the Air Quality Management District is first obtained and such burning is done in an approved crematory.

(Ord. No. 3336, § 2, 5-27-97)

(a) Any person violating any of the provisions of Articles III, IV or VI shall be deemed guilty of a misdemeanor and subject to the penalties provided for in Section 1-7. Each day a violation is committed or continues shall constitute a separate offense.

(b) As an alternative to criminal enforcement, the County and licensee may civilly enforce any provision of this chapter, to and including the authority to seek treble damages, to the same extent as a recycling agent, pursuant to California Public Resources Code Section 41953. The LEA may invoke these remedies, or any of them, whenever it deems it appropriate.

(c) Authority for the enforcement of this chapter shall be vested in the Butte County Public Health Department, Division of Environmental Health.

(Ord. No. 3336, § 2, 5-27-97)

(Ord. No. 4088, § 53, 11-4-14)

(a) The County's representatives, its designated entity, and/or designees are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this section by organic waste generators, commercial premises (including multifamily residential complexes), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the County to enter the interior of a private residential property for inspection.

(b) A regulated entity shall provide or arrange for access to their properties during all inspections and shall cooperate with the County's employee or its designated entity/designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this section described herein. Failure to provide or arrange for access to an entity's premises or access to records for any inspection or investigation is a violation of this Chapter and may result in penalties described.

(c) Any records obtained by the County during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

(d) The County's representatives, its designated entity, and/or designees are authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this section, subject to applicable laws.

(e) The County shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 regulations, including receipt of anonymous complaints.

(Ord. No. 4217, § 23, 5-10-22)