Calaveras County Municipal Code Art. I General Provisions

The board has found it necessary to establish regulations governing the collection, transportation, storage, disposal and management of solid waste within the unincorporated territory of the county.

(Ord. 2817 § 1(part), 2004).

This chapter shall be known and may be cited as the Calaveras County Solid Waste Management Ordinance adopting PRC Section 40000 et seq. CCR Title 14 Section 17200 et seq. CCR Title 27 Section 10100 et seq. and Gov. Code Section 25820 et seq.

(Ord. 2817 § 1(part), 2004).

Unless the context requires otherwise, the definitions set forth in this section shall govern the construction of this chapter:

"Abandoned vehicles" mean and include vehicles, with or without motor power, including cars, trucks, trailers, mobile homes, buses, etc., left on public or private property for an extended period of time and usually in an inoperable or hazardous condition.

"Board," for purposes of this chapter, means the Calaveras County board of supervisors.

"Collection" means the act of collecting solid waste at the place of waste generation by permitted solid waste hauler and is distinguished from "removal."

"Collection vehicle or equipment" means and includes any vehicle or equipment used in the collection of residential, commercial, industrial, or institutional solid wastes.

"Commercial solid wastes" mean and include all types of solid waste generated by stores, offices and other commercial sources, excluding residences, and excluding industrial wastes.

"Construction and demolition waste" means and includes waste building materials, packaging and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses, commercial buildings and other structures.

"Department of public works" means the department of public works of the county.

"Enforcement agency" or "EA" means enforcement agency as defined in PRC Section 40130.

"Hazardous waste" shall have the meaning as defined in Health and Safety Code (H&SC) Article 2, Chapter 6.5, Section 25117).

"Industrial wastes" mean and include all types of solid wastes and semi-solid wastes which result from industrial processes and manufacturing operations.

"Institutional wastes" mean and include solid wastes originating from educational, health care, correctional, research facilities or other similar facilities.

"Litter" means all solid waste which has been improperly discarded at any location or which has migrated by wind or equipment away from the unloading area of a solid waste facility, disposal site or operation. Litter includes, but is not limited to, convenience food, beverage and other product packages or containers constructed of steel, aluminum, glass, paper, plastic and other natural and synthetic materials, thrown or deposited on the lands and waters of the state, but not including the properly discarded waste of the primary processing of agriculture, mining, logging, saw-milling, or manufacturing.

"Manure" means the accumulated moist animal excrement that does not undergo decomposition or drying as would occur on open grazing land or natural habitat. This definition shall include feces and urine, which may be mixed with bedding materials, spilled feed, or soil.

"Medical waste" means and includes biohazardous and sharps waste. Medical waste that has been treated in accordance with Chapter 8 (commencing with Health and Safety Code Section 118215) and that is not otherwise hazardous, shall thereafter be considered solid waste as defined in Section 40191 of the Public Resource Code and not medical waste.

"Nuisance" means and includes anything which is injurious to human health or is indecent or offensive to the senses and interferes with the comfortable enjoyment of life or property, and which affects at the same time an entire community, neighborhood, household or any considerable number of persons, although the extent of annoyance or damage inflicted upon the individual may be unequal, and which occurs as a result of the storage, removal, transport, processing or disposal of solid waste.

"Permitted solid waste hauler" means a company or business that has been issued a solid waste hauling permit by the board.

"Putrescible wastes" mean and include wastes that are capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances because of odors, gases or other offensive conditions, and includes materials such as food wastes, offal and dead animals.

"Removal" means the act of taking solid wastes from the place of generation either by a permitted solid waste hauler or by a person in control of the premises.

"Removal frequency" means frequency of removal of solid wastes from the place of waste generation either by a permitted solid waste hauler or by the owner of the waste, or frequency of removal of recyclables at facilities that separate recyclables from the waste stream.

"Solid waste collection permit areas" mean all those portions of the unincorporated area of the county divided into collection permit areas by resolution of the board.

"Solid waste hauling permits" are written authorizations from the board to allow for the hauling and transport of solid waste for compensation on any highway or road within the unincorporated area of the county.

"Vector" means and includes any insect or other arthropod, rodent or other animal capable of transmitting the causative agents of human disease, or disrupting the normal enjoyment of life by adversely affecting the public health and well-being.

"Yard waste" means and includes clean vegetative matter such as limbs, brush, slash, grass clippings, leaves, branches, bushes, pine needles, and similar type of organic materials. When comingled with other types of solid waste, yard waste is considered to be solid waste for the purposes of this chapter.

Definitions, items or conditions not specifically outlined in this chapter may be addressed in PRC Section 40000 et seq., CCR Title 14 Section 17200 et seq., CCR Title 27 Section 10100 et seq. and Gov. Code Section 25820 et seq. Where definitions conflict, definitions stipulated herein shall prevail. This chapter shall adopt all subsequent revisions to PRC Section 40000 et seq., CCR Title 14 Section 17200 et seq., CCR Title 27 Section 10100 et seq. and Gov. Code Section 25820 et seq. Subsequent state regulations that pertain to the scope of this chapter shall apply and be incorporated upon adoption.

(Ord. 2817 § 1(part), 2004).