El Dorado County Municipal Code Art. IV Disposal Site, Processing and Transfer Station Franchises

In addition to any applicable requirements of State law, no person shall establish or operate any solid waste disposal site, materials recovery facility, transfer station or processing facility within the County unless a franchise agreement has been entered into between such person and the County.

(Code 1997, § 8.42.300; Ord. No. 4525, 1999; Ord. No. 5262, 5-19-2026)

A franchise agreement pursuant to this article 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. Persons operating buy-back recycling centers and drop-off recycling centers; and

C. Persons which handle, haul, or transport solid waste or recyclables generated by or from his or her own business operations for purposes of disposing of same at an authorized disposal area, processing facility or transfer station;

provided, however, an annual permit obtained by persons exempted herein as set forth in Section 8.42.320.

(Code 1997, § 8.42.310; Ord. No. 5262, 5-19-2026)

Bona fide charities and persons proposing to operate buy-back and drop-off recycling centers shall first apply to the Department for a permit to operate on a form to be provided by the Department accompanied by the payment of the fee required herein.

(Code 1997, § 8.42.320; Ord. No. 5262, 5-19-2026)

Upon proper application, the Department shall issue a permit for the activity if it finds that the proposed activity is proposed to be, or designed to be, carried on in accordance with the laws, rules and regulations pertaining to the public health and safety, and the reporting requirements set forth in Section 8.42.380.

(Code 1997, § 8.42.330; Ord. No. 5262, 5-19-2026)

Permits issued under this chapter may be revoked by the Director after notice to the permittee if the Director finds that the activity has been, or is being carried on or engaged in, contrary to laws, ordinances, rules and regulations pertaining to the public health and safety, or that the activity violates a condition of the permit.

(Code 1997, § 8.42.340; Ord. No. 5262, 5-19-2026)

In the event the Director denies or revokes a permit issued under this chapter and the permittee wishes to contest the denial or revocation, he or she may do so by filing a written notice of appeal to the Board of Supervisors within ten days of the revocation of the permit, unless the revocation is based upon public health or safety violations. Upon receipt of such a written notice of appeal, the Board of Supervisors shall schedule and set a hearing of said matter to take place within 30 days of receipt of the notice. At the hearing, the Board of Supervisors shall fully hear all persons who are parties to the dispute, or aggrieved by the action, and render a decision thereon, which decision shall be final. The hearing of the Board of Supervisors may be continued from time to time at the direction of the Board.

(Code 1997, § 8.42.350; Ord. No. 5262, 5-19-2026)

Each application and application renewal for a permit shall be by a fee as set forth by resolution of the Board of Supervisors.

(Code 1997, § 8.42.360; Ord. No. 5262, 5-19-2026)

When a person conducts more than one of the activities for which a permit is required under this chapter, he or she shall first obtain a separate permit for each activity.

(Code 1997, § 8.42.370; Ord. No. 5262, 5-19-2026)

Each franchisee or permittee shall submit to the County quarterly, and more often if required by law, information reasonably required by the County to meet its reporting obligations imposed by AB 939.

(Code 1997, § 8.42.380; Ord. No. 5262, 5-19-2026)