Fresno County Municipal Code Ch. 8.20 Solid Waste Disposal

Footnotes:

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Editor's note— Ord. No. 18-001, § 2, adopted January 9, 2018, in effect, repealed ch. 8.20, §§ 8.20.010—8.20.110 and enacted a new ch. 8.20 as set out herein. Former ch. 8.20 pertained to similar subject matter and derived from Ord. 00-011; Ord. 94-016; Ord. 93-001; Ord. 90-026; Ord. 88-016; Ord. 87-007; Ord. 0-84-001, and the prior code.

State Law reference— For statutory provisions regarding garbage and rubbish collection franchises for county areas, see Health & Saf. Code § 4200 et seq.

The following words, terms and phrases, when used in this chapter, have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

A. "Director" means the director of the public works and planning department or his/her designee.

B. "Disposal site or landfill" means any premises upon which is located a facility for the ultimate disposal of solid waste.

C. "Health officer" means the director of the department of public health or his/her designee.

D. "Operation permit" means the permit issued by the health officer in accord with Sections 8.20.020 and 8.20.030, which authorizes businesses to provide public collection service or transportation of solid waste.

E. "Public collection service" means regular curbside collection of solid waste from carts, cans, bags, or other containers, and loose or bundled items, and the collection of solid waste from bins of any size.

F. "Solid waste" means solid waste as defined in California Public Resources Code, Division 30, Part 1, Chapter 2, Article 40191 and regulations promulgated thereunder.

G. "Solid waste facility" means a solid waste transfer or processing station, a composting facility or organics processing facility, a gasification facility, a transformation facility, an engineered municipal solid waste conversion facility, or a disposal facility, as consistent with California Public Resources Code §40194 with authorization to operate pursuant to a valid permit issued by the appropriate governmental agency.

H. "Solid waste facility permit" means the permit issued by the health officer in accord with Section 8.20.040 and the California Public Resources Code Section 44002 which authorizes the operation of a solid waste facility.

I. "Solid waste independent hearing officer" means the haring officer appointed pursuant to the provisions of Public Resources Code § 44308.

J. "Solid waste management surcharge" means the fee levied in accord with Section 8.20.070 upon each ton of solid waste delivered to a disposal site or landfill.

(Ord. No. 18-001, § 2, 1-9-2018)

It is unlawful for any person, without first having obtained a written operation permit from the health officer, to engage in the business of providing public collection services or of transporting solid waste.

(Ord. No. 18-001, § 2, 1-9-2018)

A. Upon application made to the health officer upon the forms prescribed by the health officer for the permit required under Section 8.20.020, and payment of such fee as may be set forth in the Master Schedule of Fees, Charges and Recovered Costs for Fresno County, the health officer shall conduct an appropriate investigation and inspection of the equipment, facilities, and premises. If the health officer determines that the business will be maintained and operated in conformance with the California Code of Regulations Title 14, Chapter 3, Minimum Standards for Solid Waste Handling and Disposal, an operation permit shall be issued and the Director so notified.

B. The applicant for the permit set forth in Section 8.20.020 shall provide information to the health officer on the prescribed application form regarding the location and extent of the proposed collection service, including identified disposal or transfer facilities to be utilized by the applicant. Information obtained in this manner will be provided to the director to aid in the administration of public collection service.

C. All Operation permits required herein shall remain in effect unless revoked pursuant to Section 8.20.100, and it is unlawful for a person thereafter to continue to engage in the activities set forth under Section 8.20.020 unless a new operation permit is issued by the health officer as provided herein.

(Ord. No. 18-001, § 2, 1-9-2018)

The fee specified in Section 8.20.075 applies with respect to all solid waste collected or transported within the southeast regional solid waste commission area, the boundaries of which are described as follows:

All of the area, lying within the following described perimeter boundary (plus all parcels which front upon and are served by the delineated highways and avenues):

Beginning at the intersection of the centerline of Elkhorn Avenue and the southeasterly boundary line of Fresno County, thence westerly along Elkhorn Avenue to the centerline of Fowler Avenue, thence north along Fowler Avenue to the centerline of Manning Avenue thence west along Manning Avenue to the easterly boundary of the railroad right-of-way for the Atchison Topeka and Santa Fe Railroad, thence northwesterly and northerly along said easterly boundary of the railroad right-of-way to the centerline of Adams Avenue, thence east along Adams Avenue to the center of State Highway Route 99, thence northwesterly along State Highway Route 99 to the centerline of American Avenue, thence east along American Avenue to the centerline of Temperance Avenue, thence north along Temperance Avenue to the southerly boundary of the railroad right-of-way for the Southern Pacific Railroad, adjacent to the California Avenue Alignment, thence east along the southerly boundary of the Southern Pacific Railroad right-of-way to the centerline of Indianola Avenue, thence north to the centerline of State Highway Route 180, thence east and southeast along State Highway Route 180 to the westerly boundary of the Friant Kern Canal, thence southeasterly along the Friant Kern Canal to the centerline of American Avenue, thence east along American Avenue to the centerline of Hills Valley Road, being also the east boundary line of Fresno County, thence continuing along the County boundary line, south 6± miles, west 9± miles, and southwesterly 8.5± miles to the intersection of the County boundary line and the centerline of Elkhorn Avenue, the point of beginning.

(Ord. No. 18-001, § 2, 1-9-2018)

It is unlawful for any person, without first having obtained a written solid waste facility permit from the health officer, to establish or maintain a solid waste facility.

(Ord. No. 18-001, § 2, 1-9-2018)

A. Upon application and payment of a fee as set forth in Section 8.20.080 made to the health officer upon the forms prescribed by the health officer for the permit required under Section 8.20.040, the health officer shall process the proposal and issue the permit pursuant to California Public Resources Code Sections 44001 et seq.

B. All solid waste facility permits required herein shall be reviewed by the health officer five years after their date of issuance, and if in the opinion of the health officer revisions to the permit are necessary, an application for a permit modification and an application fee shall be submitted by the operator as required herein, and it is unlawful for a person thereafter to continue to engage in the activities as set forth under Section 8.20.040 unless a new permit is issued by the health officer as provided herein.

(Ord. No. 18-001, § 2, 1-9-2018)

In accordance with Title 14 California Code of Regulations § 17331, the owner or tenant of any premises, business establishment, or industry shall be responsible for the satisfactory removal of all solid waste accumulated on the property or premises. In areas where public collection service is available, garbage shall not be allowed to remain on the premises for more than seven days to prevent the propagation, harborage, or action of flies, rodents, or other vectors, and the creation of nuisances, except when disruptions in normal collection schedules occur due to strikes, severe weather conditions, "Acts of God," or official holidays. Provided further, where it is deemed necessary by the health officer because of the propagation of vectors and for the protection of public health, more frequent removal of garbage shall be required.

(Ord. No. 18-001, § 2, 1-9-2018)

A. The payment to the county of a waste management surcharge on all solid waste delivered to any disposal site or landfill owned or operated by the county irrespective of its origin, and on all solid waste generated within the county and delivered to any disposal site or landfill, shall be required of all operators of such facilities, and those parties from whom such payment is required pursuant to their contractual obligations with the county.

B. Payment of the surcharge shall be made as specified in Section 8.20.080, and shall be accompanied by a report listing the volume or tonnage of waste on which the payment is based. This report shall be on a form prescribed by the director.

C. Operators of a disposal site or landfill are required to perform one of the following:

1. Record the weight (or volume) of each load of incoming waste in a bound ledger, pre-numbered receipt or data processing record which shall remain at all times in the disposal site scale house or other location approved by the director. The ledger, receipt or data processing records shall be made current by the end of each working day to reflect all loads which arrived during that day. The ledger, receipt or data processing records shall be made available for inspection by the director or his designee at any time during normal business hours; or

2. The operator, in lieu of maintaining a separate business record as required in subdivision 1 of this subsection, may submit to the director an annual photogrammetric volume survey of the disposal site prepared and certified by a licensed civil engineer, wherein the tonnage of waste landfilled is ascertained and the surcharge amount verified. The operator shall submit quarterly surcharge payments and tonnage reports as specified in Section 8.20.070B based upon the operator's estimate of tonnage for each quarter as approved by the director. Any adjustments will be made in the final quarterly payment and report which will be based on the photogrammetric survey. In no event will such year-end adjustments result in refunds to the operator, but overpayments will be credited to the next quarterly surcharge payment; or

3. The operator shall maintain volume and/or tonnage records and submit quarterly reports and surcharge payments based on some other method as approved by the director.

D. The surcharge shall apply to all waste delivered to any disposal site or landfill with the following exceptions:

1. The surcharge shall not apply to material removed from the waste steam at a disposal facility for recycling, resource recovery or other forms of reuse if the disposal facility operator maintains records of all solid waste entering the site and of all recycled material leaving the site and makes those records available to the director upon request.

2. The surcharge shall not apply to inert material deposited in inert material disposal sites operating under a permit issued by the health officer.

3. The surcharge shall not apply to Class II sites which are solely limited to petroleum waste derived from oil exploration or drilling operations, or to liquid scrubber wastes from petroleum refineries.

E. The surcharge will be used to: (1) pay those costs incurred by the county health department in enforcement and monitoring activities as authorized by California Public Resources Code Section 43213; and (2) pay all those costs incurred by the county in the preparation, adoption, and implementation of the integrated waste management plan, as authorized by California Public Resources Code Section 41901.

F. The surcharge shall not be used to fund any special project or capital project undertaken by any solid waste commission or planning committee which is related to the functions as set forth in Section 8.20.070E.

G. The board of supervisors will set the amount of the surcharge at a noticed public hearing, based on estimated costs and estimated amounts of solid waste and adjust the amount upward or downward each year as needed to raise the necessary funds without creating a surplus.

(Ord. No. 18-001, § 2, 1-9-2018)

A. Each person having a permit issued under Section 8.20.030 shall pay to the County of Fresno a southeast regional disposal site closure/post-closure maintenance fee on all solid waste collected or transported by that person within the southeast regional solid waste commission area as delineated in Section 8.20.035 and which is ultimately disposed at any public or private disposal site or landfill.

B. Payment of the closure/post-closure maintenance fee shall be made as specified in Section 8.20.080, and shall be accompanied by a report listing the tonnage of waste on which the payment is based. This report shall be on a form prescribed by the director.

C. All persons identified in subsection (A) are required to record the weight of each load of waste collected in the area specified in Section 8.20.035 in a bound ledger or data processing record which shall remain in the solid local business office or other location approved by the director. The ledger or data processing records shall be made current by the end of each working day to accurately record all solid waste collected within the area specified in Section 8.20.035 (B). The ledger, receipt or data processing records shall be made available for inspection by the director or his designee at any time during normal business hours.

D. The closure/post-closure maintenance fee shall apply to all solid waste transported or collected within the area specified in Section 8.20.035, with the following exceptions:

1. The fee shall not apply to material removed from the waste stream at a disposal facility for recycling, resource recovery or other forms of reuse. The disposal facility operator shall furnish a monthly report, in a form and manner prescribed by the director or his designee, which lists the total amount of solid warm delivered to a disposal facility and the total amount processed, diverted and/or recycled. The monthly report shall also list the total amount of solid waste going out of a disposal facility.

2. The fee shall not apply to inert material deposited in inert material disposal sites operating under a permit issued by the health officer.

E. The fee will be used to pay the county portion of those costs incurred by the county as a result of all statutory and regulatory requirements for the closure/post-closure maintenance fee of the southeast regional disposal site located at 12716 East Dinuba Avenue, Selma, CA 93662.

F. The county board of supervisors will set the amount of the fee at a noticed public hearing, based on estimated costs and estimated amounts of solid waste and adjust the amount upward or downward each year as needed to raise the necessary funds without creating a surplus.

(Ord. No. 18-001, § 2, 1-9-2018)

A. The county solid waste management surcharge shall be as set forth in the Master Schedule of Fees, Charges and Recovered Costs for Fresno County. Payment of the surcharge shall be made to the county within forty-five days of the end of the calendar quarter. A ten percent penalty will be assessed against any portion of the surcharge payment not made to the county within sixty days of the end of the calendar quarter, unless some other payment date is approved in writing by the director prior to the end of the sixty-day period.

B. County solid waste permit and inspection fees shall be as set forth in the Master Schedule of Fees, Charges and Recovered Costs for Fresno County. Said fees shall be payable annually and shall cover a period of one year from the date payment is due unless otherwise specified by the health department or provided in this chapter. If any fees required to be paid by this chapter have not been paid when due, there shall be imposed, in addition to all fees due and owing, a penalty equal to ten percent of said fees for each month or fraction thereof during which said fees are delinquent and unpaid. No person required by this chapter to pay a fee is entitled to a refund or proration of the fee unless specifically authorized by the health department.

C. The application fee to accompany the solid waste facility permit application for the initial issuance or modification of the permit shall be as set forth in the Master Schedule of fees, Charges and Recovered Costs for Fresno County.

D. Fees and penalties collected by the health officer from solid waste facility operators or collectors in conjunction with compliance monitoring and enforcement activities of the health officer as required by state law shall be as set forth in the California Public Resources Code Section 4000 et seq.

E. The southeast regional disposal site closure/post-closure maintenance fee shall be as set forth in the Master Schedule of Fees, Charges, and Costs Recovery for Fresno County. Payment of the fee shall be made to the county within thirty days of the end of the calendar quarter. A ten percent penalty will be assessed against any portion of the fee payment not made to the county within thirty-one days of the end of the calendar quarter, unless some other payment date is approved in writing by the Director, or his designee, prior to the end of the thirty-one day period.

(Ord. No. 18-001, § 2, 1-9-2018)

The health officer or his authorized representatives, in so far as may be necessary for the performance of their duties shall, upon the presentation of proper credentials at any reasonable time, have the right to enter the premises for the purpose of inspecting the premises or while performing any other act in pursuance of their duties hereunder.

(Ord. No. 18-001, § 2, 1-9-2018)

No permit obtained pursuant to the provisions of this chapter is transferable without written consent of the board of supervisors. Any such permit may be revoked, suspended or modified as set forth in the California Public Resources Code Section 44300 et seq., if the health officer determines that any of the terms and conditions of this chapter or of any permit issued hereunder have not been met; and any administrative hearing requested with regard to such action shall be conducted by the solid waste independent hearing officer.

(Ord. No. 18-001, § 2, 1-9-2018)

A. All vehicles hauling solid waste upon entering American Avenue disposal site shall be covered in a manner that will prevent any part of the load from spilling, falling, blowing or leaking from the vehicle. The loads on all vehicles entering the landfill shall remain covered until the dumping of the load occurs.

B. Vehicles which enter the American Avenue disposal site with solid waste that is uncovered or covered in such a manner that the waste is susceptible to being spilled, blown off, leaked or dropped from the vehicle while in motion shall be charged a fee in accordance with the Master Schedule of Fees, Charges and Recovered Costs for Fresno County, in addition to the disposal fee which would otherwise be charged.

C. In lieu of being charged the fee referenced in the immediately preceding paragraph B, users of the American Avenue disposal site who bring solid waste in uncovered pickup trucks and utility trailers of less than eight feet in length shall be given the option of purchasing a tarp at the disposal site.

(Ord. No. 18-001, § 2, 1-9-2018)