Fresno County Municipal Code Ch. 8.23 Recycling Hauler Reporting

The county board of supervisors finds that:

There is a need to implement a reporting system for recycling haulers to begin collecting, compiling and submitting to the county recycling diversion data that is currently unavailable.

A. Currently the county receives recycling diversion data only from haulers within exclusive service area program and will receive recycling diversion data from haulers within the non-exclusive waste hauler agreement program.

B. Implementation of a requirement for recycling haulers to submit quarterly reports on the volumes and types of recyclable materials they collect within the county's unincorporated areas will enable the county to capture data needed for planning purposes related to meeting state diversion mandates.

(Ord. No. 18-001, § 3, 1-9-2018)

A. This chapter establishes a system for registering recycling haulers who are performing services in the unincorporated areas of the county and requiring them to submit information on the volume and types of recyclable materials they collect within the county's unincorporated areas. This system will require each recycling hauler to submit to the county representative, on a quarterly basis, a recycling report providing the specified data.

B. This chapter is not intended to preclude a resident, business, building or demolition contractor from donating, selling or otherwise disposing or hauling recyclable materials.

(Ord. No. 18-001, § 3, 1-9-2018)

For purposes of this chapter, the following terms shall be defined as follows:

A. "C&D debris" ("construction and demolition debris" or "C&D") means materials resulting from construction, renovation, remodeling, repair, or demolition operations on any residential, commercial or other structure or pavement. The C&D materials can be in mixed or source separated form.

B. "County representative" means the director of the department of public works and planning, or his/her designee, who may be a county official or an agent of county specifically designated to serve as the county representative and thereby authorized to administer the program and enforce the terms of this chapter on county's behalf.

C. "Discarded material" means solid waste, recyclable materials, and organic materials placed by a generator in a collection container and/or at a location that is designated for collection.

D. "Generator" means a person whose act or process produces solid waste, recyclable materials, or organic materials.

E. "Organic materials" or "compostable materials" mean discarded materials from a generator intended for and capable of being composted, digested or otherwise processed (such as food scraps, yard trimmings or compostable paper), and that are separated, set aside, handled, packaged, offered, or otherwise delivered for collection by a generator in a manner different from solid waste.

F. "Recycling hauler" means a person or entity engaged in commercial hauling of recyclable materials, organic materials, or C&D with no more than ten percent residual in the unincorporated area of the county and is not engaged in commercial hauling of solid waste pursuant to the exclusive service area program (described in Chapter 8.21) or the non-exclusive waste hauler agreement program (described in Chapter 8.24). A person or entity engaged in commercial hauling of recyclable materials, organic materials, or C&D with more than ten percent residual must comply with the requirements of the exclusive service area program (described in Chapter 8.21) or the non-exclusive waste hauler agreement program (described in Chapter 8.24).

G. "Recyclable materials" or "recyclables" means discarded materials from a generator intended for and capable of being recycled, and that are separated, set aside, handled, packaged, offered, or otherwise delivered for collection by a generator in a manner different from solid waste.

H. "Recycling report" means the report providing information on the volume and types of recyclable materials and/or organic materials transported by the recycling hauler in the unincorporated area of the county.

I. "Residual" means the non-recyclable, non-compostable materials left over after processing residual waste or recyclable materials or organic materials or C&D. This material is typically disposed in a landfill.

J. "Solid waste" means all putrescible and non-putrescible solid, semisolid, and liquid wastes, as defined in California Public Resources Code §40191.

(Ord. No. 18-001, § 3, 1-9-2018)

A. Recycling haulers shall register with the county representative and provide recycling reports as set forth in this chapter.

B. Registration shall be in writing and submitted in a format specified by the county representative, and each recycling hauler shall pay an annual administrative fee to the county in the amount of one hundred fifty dollars, payable on July 1 of each year.

C. Registration of a recycling hauler shall be renewed every three years.

(Ord. No. 18-001, § 3, 1-9-2018)

A. Each recycling hauler shall be required to submit a recycling report each calendar quarter to the county representative, providing data on the volume and type of recyclable materials hauled during the calendar quarter from generators within the unincorporated areas of the county. The recycling report shall be due to the county representative approximately forty-five calendar days after the end of each calendar quarter as follows: first quarter (January-February-March) report due May 15; second quarter (April-May-June) report due August 15: third quarter (July-August-September) report due November 15; fourth quarter (October-November-December) report due February 15.

B. The format of the recycling report and submittal guidelines shall be determined by the county representative. The data to be included by the recycling hauler in the recycling report must provide to the furthest extent possible the specific volumes and types of recyclable materials by weight (e.g., tons) and by the source of generation.

(Ord. No. 18-001, § 3, 1-9-2018)

Failure of a recycling hauler to comply with any or all of the provisions of this chapter shall be subject to enforcement as an infraction, including the issuance of any administrative citations and/or fines as provided for in Fresno County Ordinance Code Chapter 1.13, in the amount of one hundred dollars for the first violation, two hundred dollars for the second violation and five hundred dollars for each subsequent violation.

(Ord. No. 18-001, § 3, 1-9-2018)