El Dorado County Municipal Code Art. V County Wastestream Control

The Board finds that the feasibility of the construction, operation and maintenance of disposal sites, transfer stations, processing facilities and other solid waste facilities to serve the present and future needs of the citizen's of the County depends upon the County establishing control over the movement of solid waste generated within the County's boundaries as well as the movement of solid waste from outside of the County that may be transported to a solid waste facility franchised pursuant to this chapter. The Board finds that it is in the public interest to obtain and commit the type and quantity of operational volumes of solid waste, recyclables, transformables and compostables needed to make such facilities economically viable to protect the public health, safety, and welfare and to the meet the County's waste diversion goals mandated under AB 939.

(Code 1997, § 8.42.400; Ord. No. 5262, 5-19-2026)

A. The Board may, consistent with the terms of the current franchise agreement, by resolution, issue a required use order directing solid waste and recyclable materials to a facility or to a proposed facility. Such a required use order for an existing or proposed facility shall be prepared by the Director and submitted to the Board for approval. A required use order for any such facility may be approved by the Board if the Board finds that the order is necessary to ensure the probable successful construction or operation of the solid waste facility and that it is in the public interest that such facility be constructed or operated. The Board shall give due regard to the following factors:

1. The type of facility to which solid waste and recyclables would be delivered;

2. Limitations on the capacity of the facility to which such solid waste or recyclable materials would be delivered;

3. The need for a required use order to obtain or induce financing for the permitting, development, or construction of a facility;

4. The County's need for the facility to protect the public health, safety and welfare and to meet the County's waste diversion goals under AB 939;

5. Access to the facility, in terms of time and distance, by the persons to be subject to the required use order;

6. The amount of suitable solid waste or recyclable materials estimated to be delivered to the facility in the absence of a required use order;

7. The ability to obtain an agreement by waste haulers and persons to deliver solid waste or recyclable materials of suitable composition and quantity to a specific facility;

8. The fair distribution of any inconvenience or burden on waste haulers or persons to be subject to the required use order; and

9. Such other reasonable and appropriate factors as the Director or Board may deem appropriate.

B. Required use orders with respect to such a facility may be issued by the Board as circumstances require, for the purpose of requiring delivery of solid waste or recyclables to a facility. The content of the order shall be as specified in this article.

(Code 1997, § 8.42.410; Ord. No. 5262, 5-19-2026)

Required use orders issued by the Board shall set forth the following:

A. The identity (either by name, category or geographic area) of the waste haulers or persons to be subject to the required use order;

B. The type and quantity of solid waste or recyclables or transformables or compostables subject to the required use order;

C. The point or points for delivery of the solid waste or recyclables or transformables or compostables to be subject to the required use order;

D. The effective date of the required use order, which date, unless otherwise specified, shall not be less than ten days from the date of the order; and

E. Such other information as the Director or Board may consider necessary or appropriate.

(Code 1997, § 8.42.430; Ord. No. 5262, 5-19-2026)

Following the adoption by the Board of a required use order, the Director shall cause notice of such required use order to be given as follows:

A. By United States mail, postage prepaid, to each waste hauler and person to be subject to such required use order at the last known address thereof; and

B. By posting notice of such required use order in a public place at the principal offices of the County and at each facility covered by the required use order.

(Code 1997, § 8.42.440; Ord. No. 5262, 5-19-2026)

Any franchise or person who violates or fails to comply with any provision of this article or who fails to comply with the terms and conditions of any required use order, is guilty of a misdemeanor, and upon conviction thereof shall be punished in accordance with Chapter 1.24. The disposal by a single vehicle of a single load of solid waste or recyclables in violation of a required use order shall constitute a single and separate violation under this section.

(Code 1997, § 8.42.450; Ord. No. 5262, 5-19-2026)