Fresno County Municipal Code Ch. 8.21 Exclusive Service Areas

The county of Fresno board of supervisors finds that:

A. The state of California through its California Integrated Waste Management Act of 1989, Assembly Bill 939, codified as Public Resources Code Section 40000, et seq. ("AB 939"), requires that each local jurisdiction in the state divert fifty percent of discarded materials (base year 1990, using state-prescribed methodology) from landfill deposition;

B. The county could face fines up to ten thousand dollars a day for not meeting the above-mandated diversion;

C. The county is empowered under Article XI, Section 7, of the California Constitution to make and enforce, within its limits, all police and sanitary ordinances and regulations not in conflict with general laws;

D. In the exercise of its police powers, the county may determine, in its discretion and consistent with the broad scope of its authority in the area of public health and sanitation, the best methods or means available to advance and protect the public health, safety, and welfare of the residents of the county;

E. Pursuant to the California Public Resources Code, the county is authorized to determine aspects of solid waste handling which are of local concern and the means by which such services are to be rendered under terms and conditions prescribed by the county of Fresno board of supervisors by resolution or ordinance, including the provision of solid waste collection, processing and disposal services on an exclusive or nonexclusive basis, either with or without competitive bidding;

F. Prior to the enactment of this chapter, lawfully permitted solid waste haulers have been authorized to operate throughout the unincorporated areas of the county, and residents thereof have selected the solid waste hauler with whom they may choose to contract, which has resulted in multiple solid waste haulers operating in the same area;

G. Pursuant to the California Public Resources Code, the county of Fresno board of supervisors has determined that the public health, safety and welfare of the residents of the county require that qualified solid waste haulers be authorized and designated by contract, each to operate singularly within the confines of an exclusive service area specified therein, for the purposes of developing and promoting a cooperative effort between the county and solid waste haulers to achieve the county's AB 939 requirements and goals, while reducing air emissions, noise pollutants, traffic hazards and the rate of road degradation by minimizing truck traffic; and

H. The county of Fresno board of supervisors has determined that the establishment of exclusive service areas as a component of the program hereby established for the collection and disposal of solid waste and promotion of recycling and other waste diversion efforts in the unincorporated areas of the county, is required as the means that will best advance and protect the public health, safety and welfare of the residents of the county, based on the foregoing findings.

(Ord. 05-019, § 1)

It is the purpose and intent of this chapter to establish exclusive service areas within which general refuse, single-stream recyclables, and green waste collection services will be provided, in order to advance the county's AB 939 diversion efforts, and to promote the general health, safety and welfare of Fresno County and its inhabitants. The boundaries of these exclusive service areas are defined in the agreements between the county and the solid waste haulers, and may be amended from time to time as provided in this chapter.

(Ord. 05-019, § 1)

This chapter is adopted pursuant to the police power of the county of Fresno as set forth in Article XI, Section 7, of the California Constitution.

(Ord. 05-019, § 1)

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

A. "AB 939" means the California Integrated Waste Management Act of 1989 (Division 30, California Public Resources Code), as amended, supplemented, superseded and replaced from time to time.

B. "AB 939 service fee" means the portion of rate revenues specified in the agreements and due to the county from rate revenues.

C. "Agreement" means each of the fourteen agreements between the county and a designated contractor for the provision of the collection services as specified in this chapter, including all exhibits and future amendments, and "agreements" means all of such agreements.

D. "Bin" means a receptacle for solid waste, provided by a designated contractor unless owned by the customer, having a capacity less than ten cubic yards that generally has wheels, a handle for ease of movement and a tight-fitting, attached lid, and is designed to be dumped mechanically into a front-loading or rear-loading collection vehicle.

E. "Bulky items" mean all discarded household waste matter that is too large to be placed in a cart, including, but not limited to, large household appliances, appliances containing chlorofluorocarbons, furniture, carpets, mattresses, and similar large items that require special handling due to their size, and which typically will be deposited by customers during community clean-up events. Bulky items placed by customers for collection shall not include excluded waste.

F. "Cart" means wheeled containers of approximate thirty-, sixty-, and ninety-gallon capacity provided by a designated contractor to customers for collection of solid waste, including single-stream recyclables and green waste.

G. "Collection (and collect, collected, and collecting)" means collection by a designated contractor of solid waste, including recyclable materials and green waste, and its transportation to a disposal or transfer facility, green waste processing facility, or a recycling facility.

H. "Collection materials" mean all types of solid waste, as defined by this chapter, including recyclables and green waste, that are generated in the unincorporated areas of the county and subject to collection by a designated contractor under the agreements.

I. "Collection services" mean all of the duties, relating to the obligations owed by a designated contractor to the county or such designated contractor's customers, as specified in the agreement with that designated contractor, or as associated with that agreement.

J. "Community clean-up event services" mean the periodic collection services provided for cart customers with respect to bulky items and similar or related types of solid waste (which shall not include any hazardous waste items), as distinguished from those collection materials gathered by the designated contractors by means of their weekly collection services. The amount and types of materials intended for collection by means of the periodic community clean-up events are specified in the agreements. Rates charged for community clean-up event services shall be separated from those charged for weekly collection services and are specified in the agreements.

K. "Construction and demolition debris" means the debris from used construction materials, dredging, grubbing, and rubble resulting from constructing, remodeling, repair, razing, renovation, demolition, excavation or construction clean-up activities at residential, commercial or governmental buildings, and any other structure or pavement. For purposes of this chapter, "construction and demolition debris" (which is subject to the provisions of County Ordinance Code Chapter 8.25) is classified as a type of "special waste" as herein defined, which is one of the categories of excluded waste that the designated contractors are not exclusively authorized to collect under the terms of their respective agreements and the provisions of this chapter. Provided, however, that construction and demolition debris may be deposited by customers for collection at community clean-up events, subject to the applicable per customer limitations (on maximum cubic yards and number of bulky items).

L. "Containers" mean bins and carts used by customers for the storage of solid waste, including recyclables or green waste, pending collection by the designated contractor.

M. "County" means the county of Fresno, a political subdivision of the state of California, as its boundaries exist now or in the future.

N. "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 the county specifically designated to serve as the county representative and authorized to enforce the terms of the agreements on county's behalf, as confirmed by written notice to the designated contractors.

O. "Customer" means the person or entities receiving collection services.

P. "Designated contractor" means each of the fourteen exclusive service area solid waste collection service haulers that have executed agreements with the county for the provision of solid waste collection services, and "designated contractors" mean all such haulers.

Q. "Excluded waste" means all of the following types of waste materials, which the designated contractors, under their respective agreements and the provisions of this chapter, are not exclusively authorized to collect:

1. Hazardous waste;

2. Medical and infectious waste;

3. Volatile, corrosive, biomedical, infectious, biohazardous, and toxic substances or material;

4. Household hazardous waste;

5. Waste that the designated contractor reasonably believes would, as a result of or upon disposal, be a violation of federal, state, or local law, regulation or ordinance, including land use restrictions or conditions;

6. Waste that in the designated contractor's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the designated contractor or the county to potential liability; and

7. Special waste.

R. "Exclusive service area" means the territory within the county's unincorporated area, within which a designated contractor, assigned thereto pursuant to the applicable agreement, shall provide the collection services described in such agreement, subject to alteration from time to time due to annexations or such other means as may be available under such agreement or applicable law.

S. "Fee for service recycling" means any activity relating to the collection of recyclables and recyclable materials that is solicited, arranged, brokered, or provided by any person or combination of persons utilizing a bin, barrel, or other container in exchange for the payment, directly or indirectly, of a fee, charge, rebate, discount, commission, or other consideration, in any form or amount.

T. "Green waste" means biodegradable materials including branches (less than three inches in diameter), brush, cut flowers, dead plants, grass clippings, house plants, leaves, prunings, shrubs, weeds, wood (uncoated and untreated), wood chips, yard trimmings, Christmas trees (placed in carts/bins, with no stands, flocking, and/or decorations, and cut into two-foot sections); provided, that larger items such as tree stumps and intact dead trees are considered bulky items for the purposes of this chapter. Green waste shall not include any excluded waste.

U. "Hazardous waste" shall have the meaning set forth in California Code of Regulations, Title 14, Division 7, Chapter 3, Article 4, (most notably Section 17225.32) and Health and Safety Code Section 25117, or in the Comprehensive Environmental Responsibility Compensation and Liability Act (42 USC Section 9601, et seq., commonly known as CERCLA), or in their successor laws and regulations as may be amended from time to time, whichever definition is determined by the county representative as more inclusive.

V. "Household hazardous waste" shall have the meaning set forth in California Code of Regulations, Title 14, Division 7, Chapter 7, Article 1.1, Section 18502 or successor laws and/or regulations, as such provisions may be amended from time to time.

W. "Medical and infectious waste" means biomedical waste generated at hospitals, public or private medical clinics, dental offices, research laboratories, pharmaceutical industries, blood banks, mortuaries, veterinary facilities, and other similar establishments.

X. "Operative date" means will be the date from and after which the ordinance codified in this chapter will be enforced, which shall be one hundred eighty days after the adoption of this chapter by the board of supervisors.

Y. "Rate revenues" mean the revenues billed to and collected from customers by a designated contractor for provision of collection services, subject to the county's approved and published maximum rates.

Z. "Rates or rate" means the maximum amount each customer is billed by a designated contractor, subject to the county's approved and published maximum rate schedules, as the rates may be adjusted from time to time pursuant to and consistent with the provisions of the agreements. Rates or rate may also mean, depending on the context, charges for community clean-up events or special services, pursuant to and consistent with the provisions of the agreements.

AA. "Recyclable materials or recyclables" mean discarded materials from the customer intended for and capable of being recycled, and that are separated, set aside, handled, packaged, offered, or otherwise delivered for collection by a customer in a manner different from solid waste. The agreements include the list of recyclable materials that may be set out for collection by customers receiving single-stream recycling service, and prospective customers shall receive, prior to the operative date, notice of such listing of recyclable materials from designated contractors, as required by the agreements. Recyclable materials shall not include any excluded waste.

BB. "Recycle, recycled, recycling" means the process of collection, sorting, cleansing, treating, and reconstituting of recyclable materials that would otherwise be disposed of, and returning them to the economy in the form of raw materials for new, reused, repaired, refabricated, remanufactured or reconstituted products. The collection, transportation, or disposal of solid waste not intended for, or capable of, reuse is not recycling within the meaning of this chapter.

CC. "Refuse" means waste material intended for disposal and including: (1) all putrescible and nonputrescible wastes, except liquid-carried industrial wastes or sewage hauled as an incidental part of septic tank or cesspool-cleaning service; (2) garbage (which, as defined in Section 8.20.010(F) of the Fresno County Ordinance Code, includes putrescible animal, fish, food, fowl, fruit or vegetable matter, or any residual material thereof, resulting from the preparation, storage, handling or consumption of such substances); and (3) rubbish (such as printed materials, paper, pasteboard, rags, straw, used and discarded clothing, packaging materials, ashes, floor sweepings, glass, and other waste materials). Refuse shall not include any excluded waste.

DD. "Self-haul or self-hauler" means that any residential or commercial generator of solid waste may itself (for a commercial generator this means performance of its disposal services by an individual listed on its payroll as an employee), but not through an agent, transport and properly dispose of solid waste as defined by this chapter, including recyclable materials or green waste, generated within the unincorporated area of the county by the household or business enterprise of that generator only.

EE. "Service rate area or service rate areas" means the four territorial regions within the county's unincorporated area identified in the agreements and designated therein as "urban," "rural with green waste," "rural without green waste," and "mountain."

FF. "Single-stream recycling" means the use of a single container to collect two or more types of recyclables.

GG. "Solid waste" means solid waste as defined in California Public Resources Code, Division 30, Part 1, Chapter 2, Article 40191 and regulations promulgated thereunder (except as to any types of waste specifically excluded from the scope of the definition by this chapter), and without limitation includes the following: (1) refuse; (2) bulky items; and (3) electronic materials classified as universal wastes pursuant to CCR Title 22, Division 4.5. Solid waste includes "recyclables" and "green waste," as those terms are defined in this chapter. Solid waste, for purposes of this chapter, does not include any excluded waste, such as hazardous waste, medical and infectious waste, and any type of special waste that requires special handling or cannot be disposed of in Class III landfills.

HH. "Special service fees" mean specific charges for services that are not required but may be provided by the designated contractor for a reasonable charge, consistent with the applicable agreement between the county and a designated contractor.

II. "Special waste" means and includes any materials that under current or future statute, ordinance or regulation, require the application of special treatment, handling, or disposal practices beyond those normally required for solid waste. As defined for purposes of this chapter, "special waste" shall be deemed to include, without limitation, all of the following: flammable waste; liquid waste transported in a bulk tanker; sewage sludge; pollution control process waste; residue and debris from cleanup of a spill or release of chemical substances; contaminated soil, waste, residue, debris, and articles from the cleanup of a site or facility formerly used for the generation, storage, treatment, recycling, reclamation, or disposal of any other special wastes; dead animals; manure; waste water; explosive substances; radioactive substances; fluorescent tubes; construction and demolition debris; and abandoned or discarded automobiles, trucks, motorcycles or parts thereof, including tires.

(Ord. 05-019, § 1)

The unincorporated areas of Fresno County are divided into exclusive service areas (of which there shall be fourteen as of the date of implementation of this chapter), as set forth in accordance with the provisions of the respective agreements between the county and each of the designated contractors to provide for the collection, transportation, and deposition of solid waste, including single-stream recyclables and green waste. Within the exclusive service area established by an agreement with a designated contractor, that designated contractor shall provide collection services, including single-stream recycling, and green waste collection service as set forth in the agreement with that designated contractor to any residential or commercial generator of solid waste requesting collection service.

A. The area within which the collection, transportation, and deposition of solid waste, including single-stream recyclables and green waste, shall be conducted exclusively by designated contractors is divided, in accordance with the provisions of the respective agreements and as therein specified, into exclusive service areas situated in the unincorporated area of the county (of which there shall be fourteen as of the date of implementation of this chapter). A separate exclusive service area narrative description is included in each of the agreements and is on file with the department of public works and development services, resources division.

B. A designated contractor, operating within the boundaries of the exclusive service area specified in that designated contractor's agreement, shall provide and have the exclusive right to provide therein, collection services for the collection, transportation, and deposition of solid waste, including single-stream recyclables and green waste, as more thoroughly specified in the agreement. Certain designated contractors shall also provide community clean-up event services and special services, in accordance with such provisions as are set forth in their respective agreements.

C. Modification of an exclusive service area boundary may be approved by the director of the department of public works and planning or his/her designee, following compliance by the designated contractor(s) thereby affected with the procedure specified in the agreements.

(Ord. 05-019, § 1)

A. The collection, transportation and deposition of solid waste, including single-stream recyclables and green waste, shall be provided exclusively by the designated contractors, each operating within its assigned exclusive service area as specified in the agreements between the county and the designated contractors, and such collection services shall be provided in accordance with the terms of the agreements and subject to the provisions of this chapter.

B. The provision of "Fee for Service Recycling," as that term is defined for purposes of this chapter, by any person or entity other than a designated contractor operating within its assigned exclusive service area, is inconsistent with the provisions of this chapter and is prohibited. Provided, however, that nothing contained in this chapter is intended to preclude the donation of recyclable materials that are source-separated at the point of generation by the generator thereof, which materials may then be freely donated to persons other than a designated contractor without violating the provisions of this chapter.

C. Each designated contractor shall have the authority to bill customers receiving services as set forth in the agreement executed by that designated contractor. The rates charged to customers for weekly solid waste collection services, including single-stream recyclables, and green waste in the applicable exclusive service areas as specified, and for periodic community clean-up events, shall be consistent with the applicable provisions of the respective agreements, and shall not exceed the maximum rates approved by the Fresno County board of supervisors, as adjusted from time to time pursuant to and consistent with the applicable provisions of the agreements.

D. Customers situated within the exclusive service areas who receive solid waste collection services shall pay, to the designated contractor assigned to such exclusive service area, no more than the corresponding maximum rate for such services approved by the Fresno County board of supervisors, as adjusted from time to time pursuant to and consistent with the applicable provisions of the agreement executed by that designated contractor.

E. Rates collected by a designated contractor from customers for collection services will be used to pay all costs incurred by the designated contractor to provide for the collection, transportation, and disposal of solid waste, including single-stream recyclables and green waste.

F. Each designated contractor shall provide containers to customers and charge rates consistent with the provisions of the agreement executed by that designated contractor.

G. Each designated contractor shall deposit collected solid waste, including single-stream recyclables, and green waste, at a fully permitted disposal or transfer facility of the designated contractor's choice.

H. Each designated contractor shall begin collection services for solid waste, including single-stream recyclables, and green waste in the applicable exclusive service areas as specified, on or before the operative date specified herein for the full implementation and enforcement of this chapter.

I. Each designated contractor shall limit collection to six a.m. to seven p.m. in residential zones, and each designated contractor shall limit collection to four a.m. to six p.m. in commercial zones; provided, however, that the county reserves the right to require collection no earlier than six a.m. in commercial areas located near residences.

J. Each designated contractor shall submit annual and quarterly reports to the county. Contents of the annual and quarterly reports shall be as set forth in the agreements.

K. Each designated contractor shall pay the county an AB 939 service fee as set forth in the agreements. Payment of the AB 939 service fee shall be made to the county as part of the submittal of the quarterly report.

L. Each designated contractor shall be required to pay the county solid waste surcharges, for collected solid waste generated in the county, whether deposited in a disposal site or transfer facility located within or outside the boundaries of the county, as follows: (1) the per-ton closure/post-closure maintenance fee for solid waste generated and collected within the territorial boundaries of the southeast regional solid waste commission area, as identified in Fresno County Ordinance Code Section 8.20.035; and (2) the per-ton surcharge for solid waste management program activities (this latter surcharge is incorporated into the tipping fees at the American Avenue Landfill and Coalinga Landfill, and thus requires no separate payment if one of those facilities are used).

M. Each designated contractor shall have the right to refuse to accept hazardous, medical, or infectious waste, or other waste that may not legally be disposed at a disposal or transfer facility or presents a hazard to the designated contractor's employees. The designated contractor shall contact the customer and request proper disposal by customer of such waste.

N. All materials a designated contractor is prohibited from collecting (under its governmental permits) shall remain the property of the customer that disposed of such materials. The customer shall remain solely responsible for such materials, including without limitation, the transportation and disposal of such materials, retrieval of such materials from any location to which a designated contractor may have transported them and for any and all damages, losses, liabilities, fines, penalties, forfeitures, claims, demands, actions, proceedings or suits arising out of or relating to the generation, transportation, handling, cleanup, remediation or disposal of such materials.

O. Each designated contractor shall solely bear all expenses and losses related to collecting or failing to collect bad debt from delinquent customer accounts. Each designated contractor shall provide, to the billing customer, the property owner, and county, written notice of accounts delinquent for a period of forty-five days or more. Such notice shall include a statement that service shall be discontinued if payment is not received within fifteen days from date of notice. Upon written notice and other reasonable effort to collect delinquent payments, a designated contractor may remove containers for up to one year, for customer whose account remains unpaid for sixty days after date of billing, provided customer has been sent the aforementioned fifteen-day notice.

P. Residential customers shall deposit the collection materials generated by their respective household into the containers provided by the designated contractor for use by that specific household.

Q. Customers may place, at the point of collection, in carts and/or bins, the following items:

1. Refuse, as defined in Section 8.21.040(CC) of this chapter;

2. Single-stream recyclables—aluminum, chipboard, corrugated cardboard, glass containers, milk, soy and juice cartons, mixed waste paper, newspaper, plastic, steel or tin cans, and scrap metal; and

3. Green waste—leaves, cut flowers, dead plants, house plants, grass clippings, weeds, branches, brush, prunings, shrubs, untreated/uncoated wood, wood chips, yard trimmings, and Christmas trees (which must be cut into two-foot sections and placed in the green waste cart without flocking, decoration or metal or plastic stands).

All customers shall be responsible for the separation and placement of collection materials into the designated solid waste materials containers. Noncompliance with proper separation of solid waste materials shall result in enforcement action to be initiated against the customer, as more thoroughly provided in subsection V of this section.

R. Each residential or commercial generator of solid waste shall have the option to self-haul its own solid waste (including single-stream recyclables and green waste), so long as the transport and disposal is performed in a manner consistent with the provisions of this chapter and all other applicable laws, ordinances and regulations, including but not limited to the following:

1. Any residential or commercial generator of solid waste may itself (for a commercial generator this means performance of its disposal services by an individual listed on its payroll as an employee), but not through an agent, transport and properly dispose of solid waste as defined by this chapter, including recyclable materials or green waste, generated within the unincorporated area of the county by the household or business enterprise of that generator only.

2. Each residential or commercial generator of solid waste shall be required to secure solid waste collection services from the designated contractor assigned to that exclusive service area, if the customer does not elect to self-haul its own solid waste.

3. Each residential or commercial generator of solid waste who elects to forego the collection services offered by the assigned designated contractor pursuant to this chapter shall be obligated to comply with all applicable legal requirements governing the transport and disposal of solid waste (including recyclable materials and green waste), including but not limited to such "self-hauler reporting requirements" as may be mandated by subsequent amendment to this chapter, under Section 8.21.070 or otherwise.

S. Recyclable materials and green waste each shall be separated by customer from refuse and other solid waste, and each shall be placed by customer in the designated container for collection. However, a designated contractor shall not refuse to collect solid waste from containers properly placed according to this chapter, on the sole basis that it contains incidental amounts of recyclable material.

T. Waste consisting of flammable liquids, anti-freeze, insecticides, poisons, caustics, acids, explosives, liquid paint or other household hazardous waste material, shall not be placed for collection service, but rather shall be disposed of at designated hazardous waste disposal facility consistent with applicable law, or at a county-sponsored household hazardous waste drop-off event. The unlawful disposal of hazardous waste, household hazardous waste, or medical and infectious waste is illegal and already subject to appropriate remedies under existing law. Hazardous waste and medical and infectious waste shall not be placed by customers for collection by means of solid waste collection services provided by designated contractors pursuant to this chapter, but rather shall be disposed of by customers in accordance with all applicable legal requirements.

U. Large household or bulky items shall not be placed for collection through the collection services, but rather shall be disposed of through the community clean-up event(s) or bulky item collection program, to be provided by a designated contractor on a periodic basis as specified in the agreement executed by that designated contractor.

V. Designated contractors shall have the authority and responsibility to give appropriate notice, to customer and county, of customer's noncompliance with requirements of this chapter for proper separation into the designated containers of solid waste, including single-stream recyclables and green waste. A designated contractor shall leave a written notice on customer's container and also shall mail a copy of the notice to both customer and the county representative. A designated contractor shall notify county, in writing, of each instance of customer's continued noncompliance, occurring subsequent to the designated contractor's mailing of the initial written notice.

Within fifteen calendar days from county's receipt of written notification from a designated contractor of a customer's continued noncompliance, county shall initiate enforcement action consistent with the provisions of this subsection, which may include the imposition of fines against the customer (and ultimately may result in discontinuation of that customer's collection services for a period of up to one year). Enforcement action shall be based on the number of instances of customer's noncompliance over a period of twelve months, beginning with the date of the county's mailing of written notice to customer, and shall be imposed progressively over that twelve-month time frame as follows:

1. Written notice by county to customer (following notification from designated contractor of customer's continued and ongoing failure to comply with solid waste separation requirements);

2. First fine: twenty-five dollars;

3. Second fine: fifty dollars;

4. Third fine: one hundred fifty dollars;

5. Removal of containers for up to one year, which may be imposed either for a repeated instance of customer's noncompliance following imposition of a third fine within the applicable twelve-month period, or for customer's failure to pay the full amount of any fine assessed pursuant to this subsection within sixty days following notification to customer of the imposition of such fine.

All enforcement fines collected shall be retained by county.

W. The county representative may approve a requested increase in the maximum approved rate for the provision of a special service, if the county representative determines that the amount of the requested increase is both reasonable under the circumstances and justified by the supporting information and documentation provided by a designated contractor.

X. It is unlawful for any individual, firm or entity to establish, operate or carry on the business of collection, transport and/or disposal of solid waste in the unincorporated areas of the county, except:

1. The designated contractors in accordance with the terms of the agreements and the provisions of this chapter;

2. Materials which otherwise would constitute collection materials that are removed from premises by a landscaping, gardening or construction contractor as an incidental part of a gardening, landscaping, tree trimming, cleaning, maintenance, construction or similar service offered by that contractor rather than a hauling service;

3. Self-haul materials, which are delivered by an individual (or for a commercial generator, where the disposal services are provided by an individual listed on the generator's payroll as an employee), directly to a transfer station or disposal facility in a manner consistent with subsection R of this section, and any other laws, regulations or ordinances now or hereafter applicable;

4. Construction and demolition debris collected by private companies, operating within the county on a nonexclusive basis (under authorization of such permits as may be required by the county), and as to which designated contractors also may provide such services on a nonexclusive basis in the unincorporated areas of the county; and

5. Debris box and compactor services which are provided at least on a weekly basis by private companies with such permits as are required by the county operating within the county on a nonexclusive basis in the unincorporated areas of the county.

Y. Any designated contractor is authorized to bring legal action in a court of proper jurisdiction for injunctive relief and/or damages against any individual, firm or entity which is:

1. Engaged in the business enterprise of collecting or disposing of collection materials as defined by this chapter, within the unincorporated area of the county, who by virtue of such enterprise is infringing upon the exclusive service area assigned exclusively to that designated contractor under the applicable agreement; or

2. Otherwise violating any provision of the immediately preceding subsection X of this section.

Prior to bringing such action, the designated contractor shall notify the county representative in writing of its intention to file an action, and no such action may be filed until seven calendar days after county representative's receipt of such written notice. In its discretion, the county may intervene in such action if deemed appropriate or advisable for enforcement of the exclusivity provisions of this chapter.

Z. This chapter is not intended to prohibit the collection, transport and disposal of any items of excluded waste beyond those restrictions already applicable under existing laws, regulations or ordinances in effect as of the date of enactment of this chapter. For purposes of clarity, the following examples are provided:

1. The collection, transport and disposal of that type of excluded waste defined as "household hazardous waste" shall continue to be performed pursuant to contract between the county and a qualified independent contractor (which may, but need not be, a designated contractor), selected in accordance with the provisions of Fresno County Ordinance Code Chapter 4.10; and

2. The collection, transport and disposal of construction and demolition debris (a type of "special waste," which is one of the categories of excluded waste under the provisions of this chapter) may be provided by any such person or entity as authorized under such permit as the county may require (or by a designated contractor on a nonexclusive basis).

(Ord. 05-019, § 1)

If any clause, provision, sentence, or paragraph of the ordinance codified in this chapter, or the application thereof, is deemed to be invalid as to any person, entity, establishment, or circumstance, such invalidity shall not affect the other provisions of this chapter which shall still remain in full force and effect, and to this end, it is declared that the provisions of this chapter are severable.

(Ord. 05-019, § 1)