Contra Costa County Municipal Code Ch. 418-4 Disposal Sites

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Note— For the statutory provisions regarding dumping sites, see Health & Saf. C. § 4260.

This chapter shall be known as and may be designated as the "refuse disposal site ordinance of Contra Costa County."

(Ord. 1459: prior code § 4521).

It is declared by the board of supervisors that the disposal of refuse is affected by the public interest. Such activity is a useful and necessary occupation and essential to the economic life and welfare of the county. At the same time, such activity has a tendency to and often becomes a nuisance. Refuse stored may be a fire hazard from spontaneous or accidental combustion; refuse disposal sites may become habitats for rodents, mosquitoes and pests; refuse disposal sites may be unsightly and offensive to the senses and may interfere with the comfortable and enjoyable use of land in the vicinity. The public interest, the protection of the public health, safety and welfare, the conservation of property values, and the encouragement of the orderly development of the county require that the establishment of sites for the disposal of refuse be regulated.

(Ord. 1459: prior code § 4521).

For the purposes of this chapter, the following definitions apply:

(1) "Refuse" means garbage, combustible or noncombustible waste, and putrescible solid or liquid wastes originating from household, business, commercial or industrial activity, including sewage, sewage effluent, sewage sludge, or any admixture of any of these substances with another of them or with any other substance.

(2) "Refuse disposal site" means any property in the unincorporated territory of the county used or intended for use for disposal of refuse.

(3) "Person" has the meaning in Section 16- 4.022, but also includes public or governmental entities and agencies and their officers, employees and agents.

(4) "Sewage" means liquid or solid waste substance, together with any groundwater, surface water, or stormwaters that may be present, which is associated with human or animal habitation or activity, or which contains or may be contaminated with human or animal excrement or offal, and includes wastewater, wastewater effluent, sewage sludge, and/or supernatant liquid.

(Ord. 82-42 § 3: prior code § 4522: Ord. 1459).

No person shall establish or maintain a refuse disposal site in this county without first obtaining and holding a valid unrevoked permit therefor, as provided in this chapter.

(Ord. 1459: prior code § 4523).

Any permit issued under any prior county ordinance is continued in effect by the operation of this section for the purposes of Section 418-4.008, subject to the provisions of this chapter and subject to such regulations as may be established from time to time for operation under such permits. Existing refuse disposal sites not located in land use districts as herein required may continue as nonconforming uses as specified in Title 8.

(Ord. 1459: prior code § 4524).

The owner, lessee or operator of any premises located in a heavy industrial (H-I) land use district, a general agricultural (A-2) land use district, or a heavy agricultural (A-3) land use district may apply for a permit, pursuant to this chapter, to the planning department. At the time of filing such application, the applicant shall pay a filing fee of two hundred fifty dollars.

(Ord. 72-89 § 1, 1972: Ord. 1459: prior code § 4525).

(a) In considering an application for a permit, the planning commission and the board of supervisors shall consider the health, safety, and welfare of the people of the county, the orderly development of property in the county, the preservation of property values, the protection of the tax base, the effect upon the neighborhood, the likelihood of a nuisance being created, the effect upon the master plan of the county, special conditions or exceptional characteristics of the property, and its location or surroundings.

(b) The board of supervisors, with the advice of the health officer, after hearings shall adopt by resolution regulations for operations of all refuse disposal sites. When such regulations are adopted by resolution of the board of supervisors they shall become requirements of this chapter as though incorporated herein and shall control the operation of all sites. Such regulations after hearings may be modified from time to time as the public interest may require and when notice of such modified regulations has been given they shall constitute conditions for continued operation under permits.

(c) The planning commission and board of supervisors shall, before granting any permit, request the advice of the county health officer and other appropriate county officers. Such officers shall investigate the application and the proposed site and submit a written report of their findings, recommendations and such special conditions or proposed regulations reasonably necessary to assure that operation of the particular refuse disposal site will not constitute a public nuisance. The board of supervisors in finally approving a permit may prescribe special conditions or special regulations as deemed necessary for the particular site.

(d) No permit shall be issued until the applicant furnishes a surety company bond in the penal sum of ten thousand dollars, the condition of which shall be that if the permittee complies with all the provisions of this chapter, regulations and any conditions which may be imposed upon the permit, the bond is to be void; otherwise, the bond is to be in full force and effect to insure the payment of any fine which may be imposed upon the permittee, any costs of suit to obtain the abatement of a public nuisance, or to pay any judgment rendered against the permittee in favor of the county, all within the limits of the bond. Such bond may be waived by the board of supervisors if the applicant is a public agency. No additional bond shall be required on an expanded site.

(Ord. 1459: prior code § 4526).

(a) Upon receiving an application the planning department shall schedule a public hearing before the planning commission and shall cause a notice thereof to be posted and published in accordance with the requirements of Chapter 26-2.

(b) Such hearing may be continued from time to time as determined necessary by the commission but final decision thereon shall be rendered within sixty days from the date of the hearing unless the applicant consents to extension thereof.

(c) The decision of the planning commission together with findings, reports and special conditions recommended, if any, shall be transmitted to the board of supervisors for final decision.

(d) The board of supervisors in considering the application may decide the application on the basis of the record submitted by the planning commission by adopting the report as submitted or modify or add conditions. In the event the board of supervisors determines that the public interest requires further investigation, the board of supervisors may order a public hearing and notice thereof shall be given in the same manner as for the hearing before the planning commission.

(Ord. 1459: prior code § 4527).

The county health officer is designated as the enforcement officer for assuring compliance with the permit. Authorized inspectors from the department shall have the right at all reasonable times to inspect the premises.

(Ords. 88-88 § 6, 1459: prior code § 4528).

A permit issued pursuant to this chapter may be revoked for any of the following causes:

(1) If the permittee has violated any provision of this chapter;

(2) If the permittee has continued a violation of any of the conditions of their permit after reasonable notice of such violation;

(3) If the permittee has caused or permitted any public nuisance in connection with the permitted premises;

(4) If the permittee violates any law regulating the operation of the permitted premises.

A permit may be revoked by the board of supervisors if it finds that cause exists for such revocation after a hearing of which notice shall be given to the permittee by certified mail, postage prepaid.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 1459: prior code § 4529).

Any condition existing in violation of this chapter or any permit issued in whole or in part pursuant to this chapter is declared to be a public nuisance, and in addition to any other remedy available under the law, may be abated pursuant to Article 14-6.4. In addition to the collection remedies in Article 14-6.4, the costs of abatement may be charged against the bond.

(Ord. 88-88 § 7, 1459: prior code § 4531).

The provisions of this chapter do not apply to sewage originated, treated, and disposed of on the same premises in full compliance with Division 420.

(Ord. 82-42 § 4).