El Dorado County Municipal Code Art. II Solid Waste Collection

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State Law reference— Grant of waste management franchises by counties, Public Resources Code § 49200 et seq.

The Board of Supervisors hereby declares that the unincorporated area of the County is divided into collection franchise areas which shall be subject to this article. These franchise areas shall be shown on the map entitled "Solid Waste Collection Franchise Areas of El Dorado County" which shall be retained in the office of the Board of Supervisors. The boundaries of the franchise areas shall be subject to amendment or modification by the Board by franchise agreement and/or resolution. The unincorporated area of the County within the boundaries of a community services district which is exercising its powers pursuant to Government Code § 61000 (Community Services District Law) to collect by franchise solid waste shall not be subject to franchise by the County so long as a franchise granted by the district is in operation therein.

(Code 1997, § 8.42.100; Ord. No. 5262, 5-19-2026)

All areas outside the boundaries of the collection franchise areas shall not be subject to this article. The Director shall periodically review such exempt areas within the County to determine the practicality of making solid waste and recyclable material collection service available within such areas, and shall recommend to the Board changes in collection franchise areas as the provision of such services becomes practicable.

(Code 1997, § 8.42.110; Ord. No. 5262, 5-19-2026)

No person shall establish, operate or carry on the business of collecting, transporting or disposing of solid waste or recyclables within the County unless a franchise agreement has been entered into between such person and the County. The Board shall determine at its sole option and discretion whether to enter into any new or renewed franchise agreement with any person. Any franchise agreement entered into by the County shall, among other things, contain provisions for the protection of the public health, safety and welfare and provide that the Board may review, approve and set the rates, as applicable, to be charged customers by the franchisee.

(Code 1997, § 8.42.120; Ord. No. 5262, 5-19-2026)

The Board by resolution shall adopt procedures governing the form and content of applications to the County by any person wanting to apply for a new or renewed franchise agreement with the County to collect, transport, process and/or dispose of solid waste and recyclables and the terms and conditions of any such franchise. Nothing in this chapter or in any resolution of the Board shall modify or abrogate any franchise agreement in effect as of the date of adoption hereof.

(Code 1997, § 8.42.130; Ord. No. 5262, 5-19-2026)

A franchise agreement is not required for:

A. Bona fide charities qualifying as such under Internal Revenue Code § 401(c)(3) which engage in the collection and sale of recyclable materials but no other activities regulated under this chapter;

B. Subject to the conditions of Article III of this chapter, persons which handle, haul, or transport solid waste or recyclable materials generated by or from his or her own residence or business operations for purposes of disposing of same at an authorized disposal area, processing facility or transfer station;

C. A person or entity who contracts for the removal and disposal or recycling of inorganic refuse or garden waste and such removal and disposal or recycling are incidental to work such as remodeling or gardening performed by the person or entity for a customer.

(Code 1997, § 8.42.140; Ord. No. 5262, 5-19-2026)

The franchise shall charge a uniform rate for each class of service provided. The Board shall review rates proposed by the franchisee and, consistent with the provisions of the franchise agreement, may approve such rates at times it deems appropriate in accordance with the franchise agreement and the Rate Setting Manual.

Additionally, the Board of Supervisors shall consider revisions to the franchisee's rates whenever the franchisee demonstrates, to the satisfaction of the Board, that unforeseen circumstances have arisen which materially affect the franchisee's costs or revenues.

(Code 1997, § 8.42.150; Ord. No. 5262, 5-19-2026)

An application to the Board for a modification of franchise collection rates and disposal rates may be submitted by any interested party. Such application shall be:

A. Submitted on or before September 1 of the year prior to the calendar year the modification is requested to become effective, provided that the franchisee shall have the right to request an increase for unforeseen circumstances.

B. Referred by the Board to the Department for recommendation, the recommendation to be preceded by review of the annual audited financial statement and other records deemed necessary by the Department.

C. Considered by the Board and a decision reached at a properly noticed public hearing.

(Code 1997, § 8.42.160; Ord. No. 5262, 5-19-2026)

The franchisee shall provide written notice to each ratepayer of the proposed adjustment in a form approved by the County of the time, date, and place of each hearing set by the Board to review and approve rates. The franchisee shall provide said notice at least ten but no more than 60 days prior to such date, and the expense therefor shall be included in the rate base. The resolution fixing any such rate shall not be adopted or modified until a public hearing has been held thereon, after notice of the time, place and purpose of such hearing has been published in a newspaper of general circulation printed and published in the County, once each week, for two consecutive weeks prior to such hearing and posted on the County's official website at least 72 hours before the hearing. If the franchise rate adjustment is in a mandatory area as listed in Section 8.42.200, then the franchisee will follow the procedures set in Section 8.42.180.

(Code 1997, § 8.42.170; Ord. No. 5262, 5-19-2026)

A. At least 45 days prior to the public hearing on the proposed franchise rate adjustment, the County shall deliver a written notice to the record owner of each parcel subject to the franchise service in the areas defined in Section 8.42.200. The notice shall include a description of the proposed rate adjustment, including the maximum proposed rates; the basis and purpose of the adjustments (e.g., cost increases, capital needs, inflation, regulation compliance), reference to any supporting cost-of-service study or rate analysis; the date, time, and location of the public hearing; a clear statement advising that written protests may be submitted and shall include the parcel address or Assessor's Parcel Number (APN); The protester's name and signature; a statement of opposition; and the declaration whether the protester is a property owner or utility customer.

B. Protest submissions must be written and signed, delivered either by mail (with sufficient time for delivery) or in person to the Clerk of the Board before or at the public hearing. E-mail, fax, oral statements, or unsigned protests shall not be accepted. Only one protest per parcel shall be counted; withdrawal of a protest is permitted prior to the conclusion of the hearing.

C. The Board of Supervisors shall hold a public hearing, allowing oral testimony and the submission of written protests. At the close of the hearing, the Clerk of the Board will tabulate valid written protests received. Approval of the proposed rate adjustment is barred if a majority of affected parcels submit valid protests. If a majority protest does not exist (50 percent plus one), the Board of Supervisors may proceed to adopt the rates, with or without modification.

D. The Clerk of the Board shall maintain the record of notices, protests received, and tabulation results as part of the official proceedings.

(Ord. No. 5262, 5-19-2026)