Contra Costa County Municipal Code Ch. 418-7 Franchises for Solid Waste Collection, Disposal and/or Recycling Service

This chapter is enacted, in part, pursuant to the authority granted by Public Resources Code Sections 40057 and 40059, and the Constitution of the state of California.

(Ord. 91-31 § 3).

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. 91-31 § 3).

Article 418-7.4. Definitions

As used in this chapter, the following words shall have the meanings set forth in this article. Words used in this chapter not defined in this article shall have the meanings ascribed to them in the California Integrated Waste Management Act of 1989 (Public Resources Code, § 40000 et seq.), and regulations adopted pursuant thereto, unless the context indicates otherwise.

(Ord. 91-31 § 3).

"Commercial solid waste" means solid waste routinely originating from stores, business offices, commercial warehouses, hospitals, educational, health care, military and correctional institutions, nonprofit research organizations, and nonexempt government offices. Commercial solid waste refers to SIC Codes 401 through 4939, 4961, and 4971 (transportation, communications and utilities), 501 through 5999 (wholesale and retail trade), 601 through 679 (finance, insurance and real estate), 701 through 8748 (public and private service industries such as hospitals and hotels), and 911 through 9721 (public administration). Commercial solid waste does not include construction or demolition waste, industrial waste or septage.

(Ord. 91-31 § 3).

"Designated waste" as used herein has the meaning set forth in Title 23, California Code of Regulations, Section 2522.

(Ord. 91-31 § 3).

"Hazardous waste" means a waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may either:

(1) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or

(2) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

The term "hazardous waste" is intended to include all waste which is defined as being a hazardous waste pursuant to any federal, state or county laws, statutes, ordinances or other regulation currently in effect or as may be enacted or amended in the future.

(Ord. 91-31 § 3).

"Industrial waste" means solid waste originating from mechanized manufacturing facilities, factories, refineries, and publicly operated treatment works.

(Ord. 91-31 § 3).

"Medical waste" means waste regulated pursuant to the provisions of Health and Safety Code Chapter 6.1 (Section 25015 et seq.).

(Ord. 91-31 § 3).

"Person" includes an individual, firm, association, copartnership, public agency, municipality, industry, public or private corporation, or any other entity whatsoever.

(Ord. 91-31 § 3).

"Public agency" means a special district, joint exercise of powers agency formed pursuant to Government Code Chapter 5 (Section 6500 et seq.), or any other public agency authorized by law to provide, franchise or otherwise regulate solid waste handling service.

(Ord. 91-31 § 3).

"Recycle" or "recycling" means the process of collecting, sorting, cleaning, treating, and reconstituting materials that would otherwise become solid waste, and recovering them so that they may be used in the form of raw material for new, reused, or reconstituted products.

(Ord. 91-31 § 3).

"Residential solid waste" means solid waste routinely originating from single-family or multiple family dwellings. Residential solid waste includes household hazardous waste, but does not include septage.

(Ord. 91-31 § 3).

"Septage" means non- sewered liquid or semi-liquid waste which may be trucked to treatment facilities for disposal, to include, but not be limited to, waste from residential septic tanks, commercial grease cleanouts, and industrial waste holding facilities.

(Ord. 91-31 § 3).

"Solid waste" means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. "Solid waste" does not include medical, designated, and hazardous waste, except household hazardous waste.

(Ord. 91-31 § 3).

"Solid waste handling" or "handling" means the collection, transportation, storage, transfer, or processing of solid wastes.

(Ord. 91-31 § 3).

Article 418-7.6. Franchise or Agreement

Except as set forth in Article 418-7.8, no person shall operate or permit, license, contract, franchise, or in any way allow, the operation of, a business providing services for the handling of commercial and/or residential solid waste, and/or the collection of recyclable materials from commercial establishments and/or residences in the unincorporated area of the county unless, at the county's sole option, either (1) an exclusive or nonexclusive franchise or permit has been granted therefor by the board, or (2) for public agencies only, the board has entered into an agreement or Memorandum of Understanding (MOU) for such activities.

(Ord. 91-31 § 3; see Pub. Resources Code, §§ 40057, 40059).

Except as provided in Section 418-7.606, any franchise or agreement approved pursuant to this article with any person shall, among other things, contain rules, regulations, terms and conditions for the protection of the public health, safety and welfare, including provisions necessary for the proper implementation of the county's source reduction and recycling element of the County Integrated Waste Management Plan adopted pursuant to Public Resources Code, Chapter 3 (Section 41300 et seq.), board review, approval and control of the rates to be charged customers by the operators of rate-regulated businesses, control of wastestream and disposition of recyclables by the board and any other matter deemed by the board to be necessary or convenient for the proper and efficient management and disposition of solid waste. A non-exclusive franchise or agreement for commercial recycling need not reserve disposition of recyclables to the board.

(Ord. 91-31 § 3).

Section 418-7.604 does not apply to any agreement or MOU with a public agency approved pursuant to this article provided that the agreement or MOU contains, among other things, (1) appropriate provision for indemnification of the county for any fines imposed on the county by the state for failure to properly implement the county's source reduction and recycling element; (2) terms and conditions for a public agency's role in implementing the county's source reduction and recycling element, including but not limited to: participation in a coordinating committee; adoption of uniform monitoring, reporting and data collection methodologies; designation of respective county/public agency responsibility for individual element components; agreement to disseminate information to individual customers (for example, bill stuffers) at the direction of the county; and agreement to design and modify programs and/or rate structures as necessary to meet overall element goals; (3) agreement to pass through the county costs incurred pursuant to the California Integrated Waste Management Act of 1989 (Public Resources Code, Section 40000 etc.), as amended from time to time, in the collection rates; (4) control of the wastestream and disposition of recyclables by the board of supervisors; and (5) provision for county and public agency termination of the agreement or MOU.

(Ord. 91-31 § 3).

The board may establish local advisory bodies to advise the board on issues relating to the administration of a franchise or agreement deemed appropriate by the board. The members of such local advisory body may consist of the members of the governing body of an existing municipal advisory council or special district which provided, franchised or otherwise authorized solid waste handling services within the franchise or agreement area.

(Ord. 91-31 § 3).

Article 418-7.8. Exceptions

Nothing in this chapter is intended to abrogate the rights granted by Public Resources Code Chapter 6 (Sections 49500 et seq.) to a solid waste enterprise providing solid waste handling services in accordance with said chapter.

(Ord. 91-31 § 3).

The board may, by resolution, upon a finding of good cause, and pursuant to terms and conditions in furtherance of public health and well being, grant transitional permission to a person to operate or temporarily permit, license, contract, franchise or otherwise allow, the operation of a business providing services for the handling of commercial and/or residential solid waste, and/or the collection of recyclable materials from commercial establishments and/or residences.

(Ord. 91-31 § 3).

This chapter does not apply to a person whose primary business is not franchised or rate-regulated by a municipality or public agency, to the extent that such person is operating a business handling only "solid waste" described in subdivision (b) of Section 41781 of the Public Resources Code, which "solid waste" is diverted, recycled, reused, refurbished, or not disposed of at a landfill or transformation facility, and is not included in determining the base amount of solid waste from which source reduction, recycling, and composting levels are to be calculated.

(Ord. 91-31 § 3).

Article 418-7.10. Violation

Any person who 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. 91-31 § 3).