Contra Costa County Municipal Code Ch. 418-5 Franchises for Solid Waste Facilities

This chapter is enacted, in part, pursuant to the authority granted by Health and Safety Code Sections 4200 et seq., Government Code Section 66757 and the Constitution of the state of California.

(Ord. 88-81 § 2).

Compliance with this chapter does not waive or excuse compliance with all other applicable provisions of this code, county ordinances and state or federal laws and regulations.

(Ord. 88-81 § 2).

As used in this chapter, the following words shall have the meanings set forth in this article.

(Ord. 88-81 § 2).

"Solid waste" means all putrescible and nonputrescible solid, semi-solid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes.

(Ord. 88-81 § 2).

"Solid waste disposal facility" means a public or private facility, site or location where the final disposal of solid waste occurs.

(Ord. 88-81 § 2).

"Solid waste facility" includes a solid waste disposal facility and a solid waste transfer/processing station.

(Ord. 88-81 § 2).

"Transfer/processing station" includes those facilities utilized to receive solid wastes, temporarily store, separate, convert, or otherwise process the materials in the solid wastes, or to transfer the solid wastes directly from smaller to larger vehicles for transport. "Transport/processing station" or "station" does not include any of the following:

(1) A facility, whose principal function is to receive, store, separate, convert, or otherwise process in accordance with state minimum standards, manure;

(2) A facility, whose principal function is to receive, store, convert, or otherwise process wastes which have already been separated for reuse and are not intended for disposal;

(3) The operations premises of a duly licensed solid waste handling operator who receives, stores, transfers, or otherwise processes wastes as an activity incidental to the conduct of a refuse collection and disposal business in accordance with land use approvals and health regulations. Pursuant to this subsection, no storing of more than ninety cubic yards of wastes in covered containers may be made during any seventy-two hour period on the involved premises and no transfers may be made of uncontainerized refuse from smaller refuse hauling motor vehicles to larger refuse transfer motor vehicles for transport to the point of ultimate disposal.

(Ord. 88-81 § 2; see Govt. C. § 66723).

Article 418-5.6. Franchise or Contract

Except as set forth in Article 418-5.8, no person, partnership, firm, corporation or public entity shall establish, operate or carry on the business of a solid waste facility in the unincorporated area of this county unless, at the county's sole option, either (1) a nonexclusive franchise has been granted therefor by the board in accordance with the provisions of Health and Safety Code Section 4200 et seq.; or (2) the board has entered into an agreement with such partnership, firm, corporation or public entity to establish, operate or carry on the business of a solid waste facility.

(Ord. 88-81 § 2; see Govt. C. § 66757).

Any franchise or agreement approved pursuant to this article shall, among other things, contain rules and regulations for the protection of the public health, safety and welfare and may provide for board or other public agency review, approval and control of rates to be charged customers by the solid waste facility's operators.

(Ords. 93-36 § 2, 88-81 § 2).

Article 418-5.8. Exceptions

Article 418-5.6 shall not apply to any solid waste disposal facility currently operating under a valid land use permit issued by the board prior to August 31, 1988, or to any interim transfer/processing station currently approved for operation pursuant to a land use permit issued by the board prior to August 31, 1988. The exception provided by this section shall cease for any such issued permit upon its expiration, renewal or major modification.

(Ord. 88-81 § 2).

Article 418-5.10. Violation

Any person, firm, partnership, corporation or public entity which violates the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punishable in accordance with Chapter 14-8.

(Ord. 88-81 § 2).