Calaveras County Municipal Code Art. V Solid Waste Hauling Permits

The board may award a contract for the operation of the county's landfill and transfer stations or the board may provide that the landfill and transfer station be operated by the county. Any contract for operation of the transfer stations or landfill shall be on such terms and conditions as the board may prescribe.

(Ord. 2817 § 1(part), 2004).

A. It is unlawful for any person to collect, haul or transport solid waste for compensation or hire on any highway or road within the unincorporated territory of the county, or to dispose of solid waste at a county facility, without first obtaining a solid waste hauling permit from the department of public works.

B. The provisions of this section shall not apply to:

1. Persons hauling solid waste from their own residences;

2. Persons hauling solid waste from their own agricultural, industrial, commercial or multiple-family residential operations;

3. Persons hauling yard waste;

4. Municipalities, public agencies and districts hauling solid waste generated by their own operations;

5. Contractors hauling solid waste generated by their own operations. Contractors shall not rent or subcontract for debris box service for solid waste storage and disposal unless the service provider has a solid waste hauling permit issued by the county;

6. Solid waste hauled pursuant to an express agreement between the generator and/or hauler of the solid waste and the county of Calaveras.

(Ord. 2817 § 1(part), 2004).

Permits may be issued for solid waste collection in each solid waste collection area as established by resolution of the board. Each permit shall be restricted to one solid waste collection area.

(Ord. 2817 § 1(part), 2004).

A. Applications for permits for solid waste hauling under this chapter shall be submitted in writing to the director of public works.

B. Each application shall contain the following information:

1. Name, address and phone number of the applicant;

2. If the applicant is a firm or partnership, names of all owners and partners of all classes, limited and general, shall be listed;

3. If the applicant is a corporation, the names and titles of each of the officers and directors shall be listed, and in addition, the names of all stockholders owning, holding or controlling five percent or more of corporate stock shall be listed;

4. Address or location where all trucks and operating equipment will be kept and the zone classification for the area;

5. Trade and firm name;

6. A complete description of all trucks and equipment that the applicant owns or has under his control to collect and transport solid waste;

7. The solid waste collection permit area for which the applicant is requesting the permit and all facts which the applicant believes will show that the public health, safety, welfare, convenience and necessity require the granting of the permit to collect solid waste in that collection permit area;

8. The rates proposed to be charged by the applicant;

9. Such other information as may be requested by the department of public works.

(Ord. 2817 § 1(part), 2004).

The board may, in its discretion, in lieu of considering applications for permits, advertise for competitive bids for permits under this chapter.

(Ord. 2817 § 1(part), 2004).

A. Upon consideration of an application or bids for a solid waste hauling permit, the board may refuse to grant the requested permit or may grant a permit to any such applicant or bidder as may appear from the application or bids to be, in the opinion of the board, best qualified to render proper and efficient solid waste collection and hauling service.

B. Every solid waste hauling permit granted by the board pursuant to the provisions of this chapter shall cover the following matters:

1. The name and address of the person, firm or corporation to whom the permit is issued;

2. The type of collection service authorized;

3. The solid waste collection permit area;

4. The term for which the permit is granted;

5. The rates that the permittee will charge;

6. Such other conditions as the board may provide.

(Ord. 2817 § 1(part), 2004).

If the board determines that a solid waste hauling permit shall not be issued or reissued, the applicant shall have the right to demand a hearing before the board. A request for a hearing shall be made in writing to the clerk of the board, not more than fifteen calendar days following the decision of the board. Upon the receipt of a request, the clerk of the board shall set the matter for hearing not more than sixty days following receipt of the request, and give written notice of the time, date and place of hearing to the applicant and to the solid waste advisory board. At the hearing, the applicant shall have the burden of proof to show facts that the public health, safety, welfare, convenience and necessity require the granting of a solid waste hauling permit for the requested permit area, and that the applicant owns or controls sufficient equipment and facilities to meet the requirements of this article and to adequately serve the number of customers in the permit area. The board shall issue its decision within fifteen days after the close of the hearing on the appeal.

(Ord. 2817 § 1(part), 2004).

In order to preserve the health, safety and welfare of the people in the county, the board may limit the number of solid waste hauling permits to be issued in a permit area. Any hauler who operates without a current permit issued by the board shall be acting unlawfully and shall be subject to the penalties set forth in Section 8.12.570 of this chapter.

(Ord. 2817 § 1(part), 2004).

The board may approve permits to be issued under the provisions of this chapter for any term that in the board's discretion and judgment serve the public interest limited only by the following conditions:

A. The original term of a permit shall not exceed fifteen years; and

B. Each permit shall be reviewed by the board at least once every five years.

(Ord. 2817 § 1(part), 2004).

The board may, upon mutual agreement with the permitted solid waste hauler, renew the hauler's existing solid waste hauling permit, provided, that the extended term of the renewed permit does not exceed fifteen years.

(Ord. 2817 § 1(part), 2004).

No permit shall be issued under the provisions of this chapter, nor shall any such permit be valid after issuance, unless there is at all times in force and effect, to provide protection against liability for damages which may be imposed for the negligence of the permittee or his employees or agents, a liability insurance policy or policies approved by the department of public works and issued by a California-admitted surety. The director of the department of public works shall establish standards for insurance including, but not limited to, coverage and policy amounts.

(Ord. 2817 § 1(part), 2004).

The permitted solid waste hauler shall appear and defend all actions against the county, officials, its directors, employees and agents arising out of the exercise of the permit, and shall indemnify and save the county, its officials, officers, and employees and agents harmless of and from all claims, demands, actions or causes of action of every kind and description resulting directly or indirectly, arising out of, or in any way connected with the exercise of such permit.

(Ord. 2817 § 1(part), 2004).

Each person granted a solid waste hauling permit pursuant to the provisions of this chapter shall file with the department of public works a faithful performance bond or other form of security satisfactory to the county in an amount required by the permit. Such bond or security shall be conditioned upon the faithful performance of all of the terms and conditions of the permit and the provisions of this chapter, insofar as they are applicable to the permit.

(Ord. 2817 § 1(part), 2004).

A. At the end of the permit term, the board may call for applications or bids for a solid waste hauling permit or may renew an existing solid waste hauling permit. The board shall grant a hauling permit to the person that, in the board's opinion, best serves the public interest.

B. Such bids or applications shall conform to the requirements of Section 8.12.260 of this chapter. The holder of the expired permit may submit an application or bid or request for renewal. It shall be in the board's discretion whether to call for applications or bids or to renew an existing permit.

(Ord. 2817 § 1(part), 2004).

No solid waste hauling permit granted by the board pursuant to the provisions of this chapter, and no ownership interest in any grantee of such permit can be sold, transferred, leased, assigned, mortgaged, pledged, hypothecated or otherwise encumbered or disposed of, in whole or in part, directly or indirectly, whether voluntarily or by operation of law, or through any stock transfer, transfer in trust, change in control, consolidation or merger of any company or corporation, without the prior written consent of the board. The board may grant or deny such a request, and may impose such conditions as it may deem to be in the public interest. Any attempted disposition made without such consent shall be void.

(Ord. 2817 § 1(part), 2004).

A. Any solid waste hauling permit issued under the provisions of this chapter may be revoked on ten days' written notice mailed to the business address of the permittee as furnished to the director of public works in accordance with this chapter. The notice to the permittee shall be transmitted certified mail, return receipt requested, upon the happening of any one of the following:

1. Any permittee fails or refuses to comply with the provisions of this chapter or the applicable rules and regulations of the department of public works;

2. The permit is not exercised for any continuous thirty-day period;

3. The permittee has offered to assign or has assigned, either voluntarily or by operation of law, any permit issued hereunder without the prior resolution of the board;

4. There is any change in the legal or beneficial ownership, either directly or indirectly, by any person or entity holding a permit without the prior resolution of the board;

5. The director of public works or enforcement agency finds that the vehicles or other equipment used or proposed to be used by the permittee for the collection and transportation of solid waste are either insufficient, unfit, violate the provisions of this chapter, or violate the regulations adopted in accordance with this chapter.

B. Should the permittee wish to appeal the revocation, he must deliver to the board within ten days of receipt of the notice of revocation a notice of appeal. If such a notice of appeal is timely filed, the board shall hold a hearing to determine whether cause for the revocation exists.

(Ord. 2817 § 1(part), 2004).

A. Each permitted solid waste hauler shall pay to the county prior to July 1st of each year, two hundred dollars per solid waste collection vehicle regularly operated by the hauler and fifty dollars for each backup vehicle or the most recently adopted solid waste vehicle permit fee as established either by the enforcement agency or county's master fee schedule. The fee shall be prorated from the date of the issuance or expiration of the permit for the first and last years of the permit.

B. The fee paid pursuant to this section is to reimburse the county for its expenses in regulating the county's permitted solid waste haulers.

(Ord. 2817 § 1(part), 2004).

All equipment used for the collection and transportation of residential and commercial solid waste shall be nonabsorbent, watertight, vector-resistant, durable, easily cleanable, covered and designed for safe handling. Such equipment shall be maintained in good condition and cleaned and disinfected in a frequency and in a manner determined by the enforcement agency to prevent the propagation or attraction of flies, rodents or other vectors and the creation of nuisances. The enforcement agency shall determine the suitability of such equipment. Vehicles used for the transport of solid waste shall be covered so as to prevent spillage, leakage, or the production of litter. Putrescible wastes shall be transported in a container with a tight-fitting lid.

(Ord. 2817 § 1(part), 2004).

All vehicles used by a permitted solid waste hauler shall be identified with the name and telephone number of the hauler. Such name and telephone number shall be displayed on both sides the vehicle in letters not less than four inches in height.

(Ord. 2817 § 1(part), 2004).

Vehicles and equipment used in the transport of solid waste shall be constructed and maintained in such a manner as to minimize the health and safety hazards to collection personnel and the public.

(Ord. 2817 § 1(part), 2004).

For reasons of nuisance and vector problems, uncleaned solid waste collection vehicles containing putrescible materials shall not be stored on public streets or roads except under emergency conditions. Permitted solid waste haulers must designate a location where the vehicles will be parked when not in service.

(Ord. 2817 § 1(part), 2004).

Containers of one cubic yard or more owned by the permitted solid waste hauler shall be identified with the name and telephone number of the hauler servicing the container, in legible letters and numbers.

(Ord. 2817 § 1(part), 2004).

Where the permitted solid waste hauler furnishes storage containers, the hauler has responsibility to maintain the containers in good condition (ordinary wear and tear excepted) unless they are furnished under other terms, conditions or agreements. The hauler shall plan with the property owner and/or occupant as to placement of storage containers to minimize traffic, aesthetic and other problems, both on the property and for the general public.

(Ord. 2817 § 1(part), 2004).

Equipment used for solid waste collection shall be made available for inspection annually as requested by the enforcement agency. The time of inspection is to be by mutual agreement.

(Ord. 2817 § 1(part), 2004).

Each hauler providing residential, commercial or industrial solid waste collection and hauling services shall comply with all requirements of this chapter. Each hauler shall obtain a solid waste hauling permit to be issued by the board. Such permit shall be contingent upon the hauler's demonstrated capability to comply with this title and use equipment that is safe and sanitary.

(Ord. 2817 § 1(part), 2004).

When the county authorizes or designates a person or firm to provide solid waste collection and hauling services to the general public within the territory under its jurisdiction through permit, the county shall obtain sufficient information to show that such person or firm has adequate financial resources and experience to properly conduct the operation authorized.

(Ord. 2817 § 1(part), 2004).

Solid wastes shall become the property of the permitted solid waste hauler after such time as the permitted hauler takes possession of the wastes.

(Ord. 2817 § 1(part), 2004).

A. Charges to customers for solid waste services by a permitted solid waste hauler shall be based on the number of standard containers, quantity and type of solid waste, number of separate pickup points, placement or distance of carry-out, frequency of service, terrain, and distance from disposal sites; but in all cases an equal price shall be charged for equal service.

B. The customer charges for solid waste services shall be as specified in the solid waste hauling permit.

C. The basic minimum residential rate in the schedule of charges adopted by the board shall provide for the collection of one standard container of solid waste per week per occupied premises by the hauler.

D. All charges for service by the permittee shall be reasonable and uniform for the same services. Any person contending that he has been required to pay an unreasonable charge for such service may file a written complaint with the director of public works setting forth the facts of such alleged overcharge. The director of public works will notify the permittee of such complaint and shall investigate the matter of the complaint and conduct a hearing within thirty days of receipt of the complaint to determine the reasonableness of the charges for such services. Appeals from the determination of the director of public works may be taken to the board if notice of appeal therefrom is filed with the board within fifteen days of the director's decision.

E. Any permitted solid waste hauler, not more than once each calendar year, may petition to the board for an increase or decrease in the residential or commercial fee for permitted solid waste services. The board shall schedule such a request for a hearing. After considering all of the evidence presented at the hearing, the board by resolution may increase or decrease the residential or commercial service fee set forth herein. Such decision shall be at the sole discretion of the board.

(Ord. 2817 § 1(part), 2004).

A. Permitted solid waste haulers shall provide solid waste pickup services to all residential premises and industrial and commercial establishments situated within a permit area provided that such service can be feasibly rendered and the residential occupant or operator of a commercial or industrial establishment has requested such service.

B. Permitted solid waste haulers may deny service to a customer by reason of the failure of the customer to pay his just bill or failure to substantially comply with the requirements of this chapter. After giving a customer fifteen days' written notice of intent to refuse service, the permitted hauler may cease service to the customer if he is still delinquent. The permitted hauler shall notify the public works department in writing of the discontinuation of service to any customer. Such notice to the department of public works shall be sent on the date service is discontinued and shall be accompanied by a copy of the fifteen-day notice sent by the permitted hauler to the delinquent customer.

(Ord. 2817 § 1(part), 2004).

A. Every permitted solid waste hauler shall maintain a fixed headquarters and a telephone listed in his business name. The permitted hauler shall, during usual business hours of each day, except on Sundays and holidays, either:

1. Have a competent adult person available to answer inquiries and receive complaints from the public;

2. Have a recording device on the hauler's business phone where customers can leave messages; or

3. Have an answering service which will take customer's calls.

If the permitted hauler employs subsection (A)(2) or (A)(3) of this section, the recording device or the answering service shall be checked each day, Monday through Friday, and the permitted hauler shall return calls each day.

B. The telephone number of the permitted hauler shall be within the exchange of the area served by the permittee, or on a toll-free number, and shall be listed in the phone book of the area served. The permitted solid waste hauler shall notify the department of public works in writing within seven days after any change in business name, address or telephone number. Each permitted solid waste hauler shall maintain a log of all complaints listing the date and time of complaint, the complainant's name, address, telephone number, the nature of such complaints, date of action, and the disposition of the complaint so that they will be available for review by the department of public works at all reasonable times. All inquiries and complaints shall be promptly answered and dealt with to the satisfaction of the department of public works.

(Ord. 2817 § 1(part), 2004).

All complaints filed with the enforcement agency shall be done on forms supplied by the agency. The forms are confidential and must be signed by the complaining party(ies).

(Ord. 2817 § 1(part), 2004).

Each permitted solid waste hauler shall make available to county all its books and records. The county shall be authorized to inspect, or cause to be inspected, the permittee's books and records at any reasonable time. Refusal to allow the county to inspect such books and records may result in the revocation of the solid waste hauling permit.

(Ord. 2817 § 1(part), 2004).