Glenn County Municipal Code Art. II Collection, Hauling, And Transportation; Permit And License

7.08.270 Permit And License Required

7.08.280 Permit And License--Application Form

7.08.290 Permit--Application--Approval

7.08.300 Permit--Revocation And Cancellation--Change Of Ownership

7.08.310 Statement Of Ownership Required

7.08.320 Permit--Application--Denial 7.08.330 Permit--Renewal 7.08.340 Permit--Cancellation For Inactivity 7.08.350 Permit--Renewal--Maximum Term 7.08.360 Permit--Term 7.08.370 Permit And Service Fees 7.08.380 Fees--Deposit To General Fund 7.08.390 New Applicant--Permit Required 7.08.400 Performance Bonds Required 7.08.410 County Not Liable 7.08.420 Public Liability And Bodily Injury Insurance Required 7.08.430 Trucks--State Code Compliance Required 7.08.440 Territorial Provision 7.08.450 Permittee--Compliance With Service Requests 7.08.460 Size And Weight Of Container 7.08.470 Trucks--Permit Number--Display Required 7.08.480 Trucks--Maintenance And Identification 7.08.490 Trucks--Bodies--Materials And Cleanliness 7.08.500 Trucks--Enclosure And Equipment 7.08.510 Transporting Garbage--Watertight Container Required 7.08.520 Tanks And Containers To Be Clean And Disinfected 7.08.530 Records Required 7.08.540 Health Department Authority 7.08.550 Equipment Required 7.08.560 Truck Inspection 7.08.570 Parking Loaded Trucks At Night 7.08.580 Permittee's Employees 7.08.590 Hours Of Collection 7.08.600 Refuse From Outside The County 7.08.610 Scavenging Prohibited 7.08.620 Rate Basis 7.08.630 Questions On Rates

7.08.640 Interruption Of Service By Labor Dispute

7.08.650 County Entitled To Gross Revenue When Obligations Temporarily Assumed

7.08.660 County May Hire Employees Of Permittee 7.08.670 Action After Termination Of Permit 7.08.680 Permit Not Assignable 7.08.690 Permittee--Business Office Required 7.08.700 Maps And Schedules Of Collection Routes Required 7.08.710 Service Rate Payment--County Not Liable 7.08.720 Chapter Enforcement 7.08.730 Service Of Notices 7.08.740 Health Department--Permit Denial Authority 7.08.750 Health Department--Permit Suspension Or Revocation 7.08.760 Appeals 7.08.770 Permit Not Required When 7.08.780 Special Haulers 7.08.790 Household Refuse

It is unlawful for any person to collect, haul or transport refuse on any highway within the unincorporated territory of the county without first making application to the health department of the county and receiving a license to engage in such occupation. The provisions of this section shall not apply to persons hauling household refuse or residue from their own residence nor to farming or agricultural operations, nor to municipalities or public agencies, nor industrial, commercial and business establishments or to building contractors or any of these hauling their own refuse or refuse generated by themselves. It is the intent of this section to prohibit any person from hauling refuse for hire without first receiving a permit to engage in the refuse collection business. (Ord. 551 § 9, 1972.)

Applicants for a permit and license under this chapter must file with the health department a verified application in writing on a form furnished and approved by the health department which shall have the following information:

1. Name and description of the applicant;

2. Permanent home and business address and full local address of the applicant;

3. Trade and firm name;

4. If a joint venture or a partnership or a limited partnership, the names of all partners and their percentage of participation and their permanent addresses; If a corporation, the names and permanent addresses of all the stockholders and the officers and the percentage of participation of each;

5. That the applicant has arranged for the disposal of all refuse collected or transported by him or her at a county disposal area where the same may be legally accepted and disposed;

6. The location of the disposal area;

7. Facts showing the applicant is qualified to render efficient refuse collection service;

8. That the applicant owns or has under control, in good mechanical condition, sufficient equipment to adequately conduct the business of refuse collection if granted a permit;

9. That the vehicles and equipment conform to all applicable provisions of this chapter;

10. That the applicant show to the satisfaction of the health department that the issuance of a permit is in the public interest and there is a need for a permit to be issued;

11. A definite description of the area the applicant proposes to serve;

12. Such other facts or information as the health department may require. (Ord. 1269 § 10, 2018; Ord. 551 § 10, 1972.)

If the health department finds that the statements in the application are true, that the present licensee in the particular area is unable to properly and completely perform all required and necessary collection duties and services, that the applicant is capable of complying with the provisions of this chapter and the rules and regulations of the health department, the department may recommend the issuance of a permit for the collection of the refuse. The issuance will then be approved or denied by the board. (Ord. 551 § 11(a), 1972.)

The permit issued may be revoked and cancelled at the option of the board in the event there is a change of ownership of any kind or nature of the operating company or by the person to whom a permit is issued unless approval therefor has first been obtained in writing from the board.

The foregoing shall apply to changes in stock ownership in corporations, changes in partnerships or limited partnerships or percentage of participation therein, or transfer from an individual to an individual of any interest in the operating company and shall further apply whether the same be voluntary or involuntary. (Ord. 551 § 11(b)(part), 1972.)

The permittee shall file a statement of ownership with the board on July 1st of each year and shall verify same as being true and correct under the penalty of perjury. This statement shall be in such form as may be prescribed therefor by the health department. (Ord. 551 § 11(b)(part), 1972.)

The board may deny an application on the grounds of infeasibility. Whenever a new application is filed under the provisions of this chapter, for a permit to serve an area in the county where a permit already exists, the board, after due investigation, may find and determine, as a matter of fact, that there does not exist in the area sufficient potential sources of refuse to justify granting of an additional separate and distinct permit for the area. Predicated on such findings, the board may deny the application for a permit on the grounds that the granting of such new permit is not economically or financially feasible nor in the public interest and welfare. (Ord. 551 § 11 (c), 1972.)

Permits shall be renewed upon expiration thereof for a similar term provided the health department finds from the facts that the permit holder has, during the period of the expiring permit, operated in conformity with the provisions of this chapter and the rules and regulations of the health department, and that he is capable of continuing operation in conformity with the provisions of this chapter or subsequent refuse ordinances and with the rules and regulations of the department. (Ord. 551 § 12(a), 1972.)

If the permit is and remains inactive for thirty days, the director may request the board to cancel the permit. (Ord. 551 § 12(b), 1972.)

The health department, upon written request of any permit holder, shall have the right to renew any permit up to two years prior to the expiration thereof, provided that such renewed permit will not become effective until the expiration of the existing permit, and further provided that the maximum term of each such renewal shall not exceed ten years. (Ord. 551 § 12(c), 1972.)

All permits issued under this chapter shall be effective for five years from the date of issue unless a longer term, not to exceed ten years, is approved by the board. (Ord. 556 § 1, 1972; Ord. 551 § 13(a), 1972.)

The Board of Supervisors may establish fees by resolution for permits issued and services rendered by the County under this chapter. (Ord. 1052 § 16, 1995; Ord. 551 § 13(b), 1972.)

The health department shall deposit all fees received hereunder to the general fund or to such other fund as the board may designate. (Ord. 551 § 13(c), 1972.)

Every new applicant who desires to engage in the occupation of hauling refuse in the unincorporated areas of the county after October 1, 1972, shall obtain a permit hereunder prior to commencing operations or engaging in such operation. (Ord. 551 § 13(d), 1972.)

Before issuing any permit under the provisions of this chapter, the health department shall require the applicant as a condition to the issuance of the permit to post with the health department a cash bond in the sum of two thousand five hundred dollars or a surety in the same amount furnished by a corporate surety authorized to do business in the state, payable to the county. The bond shall be conditioned upon full and faithful performance by the permittee of his or her obligations under the applicable provisions of this chapter, and shall be kept in full force and effect by the permittee throughout the life of the permit and all renewals thereof; provided, however, that if the applicant has less than one thousand but more than five hundred customers, he or she shall post a cash or surety bond in the sum of one thousand dollars; if said applicant has five hundred customers or less, he or she shall post a cash or surety bond in the sum of five hundred dollars.

The board from time to time may by resolution establish such additional bond requirements as they may deem necessary in the event they determine the foregoing bond requirements constitute insufficient protection to the county. (Ord. 1269 § 10, 2018; Ord. 551 § 14(a), 1972.)

As a condition of the county issuing a permit, the applicant agrees to the terms of Sections 7.08.400 through 7.08.430. The permittee shall appear and defend all actions against the county arising out of the exercise of the permit, and shall indemnify and save the county, its officers, employees and agents harmless of and from all claims, demands, actions, or causes of actions of every kind and description resulting directly or indirectly, arising out of, or in any way connected with the exercise of the permit. (Ord. 551 § 14(b), 1972.)

The permittee shall obtain and keep in force during the term of said permit, public liability and bodily injury insurance in an amount not less than five-hundredthousand dollars ($500,000.00) for injuries or death to any one person and not less than one-million dollars ($1,000,000.00) for injuries or death to more than one person arising out of any one accident or occurrence; property damage liability insurance in an amount not less than one-hundred-thousand dollars ($100,000.00) and Worker's Compensation insurance covering all employees of the permit holder. Copies of such policies, or certificates evidencing such policies, shall be approved by the County Counsel and filed with the County Clerk. The County shall be named as an additional insured. All policies shall contain a provision requiring a ten-day notice to be given the County prior to cancellation, modification or reduction of limits. The amounts of public liability insurance for bodily injury and property damage shall be subject to review and adjustment by the Board annually at the Board's option. All insurance policy anniversary dates will be July 1 of each year. (Ord. 1052 § 17, 1995; Ord. 551 § 14(c), 1972.)

Before any permit is issued, the applicant's trucks must comply with the regulations as set forth in the California Motor Vehicle Code and this chapter. (Ord. 551 § 14(d), 1972.)

The health department shall specify in all refuse collector's permits or renewal thereof, the territory as specified in the application within which the permittee may collect refuse within the county, and no refuse collector shall, at any time, collect refuse in the county outside the territorial limits fixed in the permit issued to him or her. The territory so specified in any such permit may be modified by the department only after following the procedures set forth above for licensing a new applicant.

In the event the department decides to decrease the area of a permittee, the permittee shall be given a thirty-day written notice thereof before it shall become effective. During such thirty day period, permittee may request a review thereof by the board. (Ord. 1269 § 10, 2018; Ord. 551 § 15, 1972.)

A refuse collector must provide refuse pickup service to all residential premises and commercial establishments situated within the area specified in his or her permit, should the residential occupant or operator of a commercial establishment request such service, provided payment for such service is made and such service can be practically rendered. (Ord. 1269 § 10, 2018; Ord. 551 § 16, 1972.)

As a health and safety measure, no collector shall be required to service containers of over thirty-two gallon capacity and shall not exceed eighty pounds weight when filled for removal, except when such container or containers are designed for mechanical emptying pursuant to regulations prescribed by the County. (Ord. 1202 § 2, 2008; Ord. 551 § 17, 1972.)

The refuse collector shall have painted or stenciled in a prominent place on the exterior of each truck used by him or her collection of refuse the following information in four inch letters: REFUSE PERMIT NO.________ COUNTY OF GLENN (Ord. 1269 § 10, 2018; Ord. 551 § 18(a), 1972.)

All trucks of the refuse collector shall be maintained in a clean and sanitary manner. Each truck will bear the insignia assigned to the refuse collector, together with the number of his or her truck in one-foot numbers on the body, clearly visible both from the front and back of the truck. (Ord. 1269 § 10, 2018; Ord. 551 § 18(b), 1972.)

The bodies of trucks used in the collection or transportation of refuse shall have beds of metal or of impervious material which can be cleaned, and said beds must be watertight and leakproof. Said beds shall be cleaned and disinfected at least once a day when in use. The refuse collector must provide adequate means to prevent the refuse from escaping from the truck while collecting or transporting the refuse. (Ord. 551 § 19(a), 1972.)

Packer-type completely enclosed trucks will be used to the fullest possible extent. Other suitable equipment as required by terrain, type of refuse to be hauled, or other special conditions may be approved by the health department. (Ord. 551 § l9(b), 1972.)

No person shall transport garbage over any public highway unless such garbage is contained in watertight metal tanks, containers or other receptacle which in all instances shall be equipped with close-fitting metal covers, except as otherwise permitted by the health department, and such covers shall be affixed to the tanks, containers, or other receptacles in such a manner as to prevent the dropping or spilling of any garbage upon the highway. (Ord. 551 § 20(a), 1972.)

All garbage-conveying tanks, containers, and other receptacles shall be cleaned and disinfected, both on the inside and outside thereof, immediately after being used, and at all times shall be kept free from any garbage on the outside thereof. (Ord. 551 § 20(b), 1972.)

All operators of refuse collection shall keep and maintain such operating records as the health department may require to ascertain the extent of compliance with this chapter, and shall, if requested by the health department, submit periodic reports of such operations. (Ord. 551 § 21, 1972.)

The health department is authorized to make all necessary and reasonable rules and regulations, subject to the approval of the board, covering refuse and garbage accumulations, collection and transportation, types of refuse containers and refuse collection vehicles and for the effective and reasonable administration of this chapter. (Ord. 551 § 22, 1972.)

Each vehicle hauling refuse in the county under permit shall carry a shovel, broom and a fire extinguisher. (Ord. 551 § 23, 1972.)

All of the permittee's equipment may be inspected at the disposal area used by the permittee at anytime by the Health Officer or his or her designated representative to ensure compliance with the requirements of this chapter and applicable state regulations. (Ord. 1269 § 10, 2018; Ord. 1052 § 18, 1995; Ord. 551 § 24, 1972.)

No person shall leave trucks loaded with refuse parked for over a twenty-four hour period. (Ord. 551 § 25, 1972.)

The county reserves the right to request the permittee to dismiss any employee who flagrantly violates any provision of this chapter or who is wanton, negligent or discourteous in the performance of his duties. (Ord. 551 § 26, 1972.)

The permittee shall provide a minimum of regular weekly collections to his or her customers. The hours of collection in the residential areas shall be from five (5:00) a.m. to six (6) p.m. daily, and no collections on Sundays and holidays, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and New Year's Day are recognized holidays.

(Ord. 1269 § 10, 2018; Ord. 551 § 27, 1972.)

HISTORY

Amended by Ord. 1291 on 10/20/2020

Refuse from outside of the County will not be accepted at county disposal areas and the permittee will not transport any refuse from outside the county to county disposal areas except in certain exceptional and special circumstances as may be permitted by approval of the board. (Ord. 551 § 28 (part), 1972.)

Scavenging at county operated disposal site without the express permission in writing from the board, is prohibited. (Ord. 551 § 28 (part), 1972.)

The permittee's charges shall be based on the number of containers, quantity, type of refuse, number of separate pick-up points at any collection station, placement or distance of carry-out, frequency of service, terrain, distance from disposal sites, and whether commercial or residential refuse. But in all cases an equal price shall be charged for equal service. All rate schedules shall be approved by the board. (Ord. 551 § 29, 1972.)

All charges or fees for service by a licensed refuse collector shall be reasonable and the charges or fees shall be uniform for the same services. A current rate schedule will be filed with the health department. Any customer contending that he has been required to pay an unreasonable charge for such service may file a written complaint with the health department, setting forth the facts of such alleged overcharge and the department will notify the refuse collector of such complaint and shall investigate the matter of the complaint and conduct a hearing, if requested to do so, to determine the reasonableness of the charges for such service after the effective date of this chapter. Any refuse collector desiring to change rates shall file a request with the health officer who shall pass on the reasonableness of the request and make recommendations to the board. Upon receipt of all the information desired, the board may at its own discretion deny or grant permission to change his or her rates. (Ord. 1269 § 10, 2018; Ord. 551 § 30, 1972.)

In the event the refuse collection of a permittee is interrupted by a labor dispute and scheduled collections are discontinued for more than seventy-two hours, the county shall have the right to forthwith take temporary possession of all facilities and equipment of the permittee for the purpose of continuing the service, which the permittee has agreed to provide and to preserve and protect the public health and safety. The county shall have the right to retain possession of the facilities and equipment and to render the required service, until the permittee can demonstrate to the satisfaction of the county that required services can be resumed by the permittee. Provided, however, that such temporary assumption of the permittee's obligations under this permit shall not be continued by the county for more than one hundred twenty days from the date such operations were undertaken. Should the permittee fail to demonstrate to the satisfaction of the county that required services can be resumed by the permittee prior to the expiration of one hundred twenty days, the permit granted in this chapter may be forfeited and the rights and privileges granted in the permit may be cancelled and annulled. (Ord. 551 § 31(a), 1972.)

During any period in which the county has temporarily assumed the obligations of the permittee under this permit, the county shall be entitled to the gross revenue attributable to operations during such period and shall pay therefrom only those costs and expenses applicable or allocable to said period; the excess, if any, of revenue over applicable or allocable costs and expenses during such period shall be deposited in the treasury of the county to the credit of the general fund. Final adjustment and allocation of gross revenue, costs and expenses to the period during which the county temporarily assumed the obligations of the permittee shall be determined by an audit, by a certified public accountant, and prepared in report form with his or her unqualified opinion annexed thereto. (Ord. 1269 § 10, 2018; Ord. 551 § 31(b), 1972.)

Employees of the permittee may be employed by the county during any period in which the county temporarily assumes the obligations of the permittee under this permit. Provided, however, that the rate of compensation to be paid such employee, or any other employees, shall be the rate or rates in effect at the time the permittee's service was interrupted by the labor dispute. (Ord. 551 § 31(c), 1972.)

In the event of termination of the permit for breach or default by the permittee as specified in Section 7.08.640, the county shall have the right forthwith to take possession of all trucks and other equipment of the permittee for the purpose of collecting and disposing of the refuse which the permittee agreed to do. The county shall have the right to retain possession of the trucks and equipment until such other suitable trucks and equipment can be purchased or otherwise acquired by the county for said purpose and shall pay the permittee a reasonable rental value of such trucks and equipment during the time the trucks and equipment are used by the county for such purpose. The county shall also have access to the permittee's records for the purpose of billing service accounts during the period the county is providing the refuse collection service and shall retain all fees collected for such service. (Ord. 551 § 32(a), 1972.)

The permit granted hereunder shall not be assignable, either voluntarily or by operation of law. If the permittee at any time during the term of this permit becomes insolvent, or if proceedings in bankruptcy are instituted by or against the permittee, or if the permittee is adjudged bankrupt or insolvent by any court, or if a receiver or trustee in bankruptcy or a receiver of any property of the permittee is appointed in any suit or proceeding brought by or against permittee, or if the permittee makes an assignment for the benefit of creditors, then and in each and every case, the permit and the rights and privileges granted thereby shall immediately cease, determine and be forfeited and cancelled without notice and without suit or other proceedings. (Ord. 551 § 32(b), 1972.)

The permittee shall establish and maintain an office where service may be applied for and complaints made. Such office shall be equipped with a listed telephone to which calls from county residents in his or her permit area may be placed without payment and shall have a responsible person in charge between the hours of eight a.m. and five p.m. of each day except Saturdays, Sundays, and holidays. (Ord. 1269 § 10, 2018; Ord. 551 § 33(a), 1972.)

The permittee shall supply the county with current maps and schedules of collection routes and shall upon request supply occupants of premises with printed information cards containing information regarding amounts of refuse which will be collected, complaint procedures, rates, regulations, and days of collection. (Ord. 551 § 33(b), 1972.)

Neither the county nor any of its officers or employees shall be liable for, or in any way responsible for, the payments of any service rates or charges due the permittee for performing services to the residents of the county. (Ord. 551 § 33(c), 1972.)

The administration and enforcement of this chapter shall be the responsibility of the director of the health department or his or her designated representative or representatives. (Ord. 1269 § 10, 2018; Ord. 551 § 33(d), 1972.)

All notices required or given pursuant to this Chapter shall be deemed properly served when deposited, postage prepaid, in the United States Mail, addressed to Permittee at the Permittee's last known address. Notices addressed to the County shall be directed to Glenn County Health Department, 240 North Villa Avenue, Willows, California 95988. (Ord. 1052 § 19, 1995; Ord. 551 § 33(e), 1972.)

The health department is empowered to deny or withhold a permit to conduct a refuse collection service, if the department finds that the vehicle or vehicles used or to be used in conducting or operating a refuse collection or transportation service is, or are, insufficient, unfit or incapable of being used and maintained to comply with the provisions of this chapter of the applicable rules and regulations of the department. (Ord. 551 § 34(a), 1972.)

The health department may suspend or revoke any permit authorized by this chapter whenever the permittee fails or refuses to comply with the provisions of this chapter or the applicable rules or regulations of the health department. Such action or revocation or suspension by the health department may be taken only after ten days' notice in writing to the permittee of the violation within said time. (Ord. 551 § 34(b), 1972.)

Any person who is dissatisfied with any decision or ruling of the health department under this chapter may appeal to the board, which board shall hear the matter de novo. The majority decision of the board shall be required to reverse the action of the health department. The appeal shall be taken by filing with the clerk of the board a notice of appeal and the hearing on the appeal shall be only after a notice of the time thereof mailed to appellant and respondent at least ten days before the hearing. (Ord. 551 § 34(c), 1972.)

Any municipality, public agency, sanitary district, division of government, industrial, commercial, business establishment, operating its own collection service entirely for the benefit of such establishment under one ownership and for no other establishment and disposing of refuse collected on the premises of such at a disposal site owned and/or operated by the county need not have an operating permit, but shall not create a public or a private nuisance and shall comply with all sanitary requirements for collection and transportation and/or disposal of refuse and garbage. The health department may require the submission of a monthly report giving tonnage or yardage of such refuse and garbage and place or method of disposal. (Ord. 551 § 35, 1972.)

Building contractors, professional gardeners, scavengers, cleanup men, or others engaged in the hauling of their own refuse or refuse generated by themselves and disposing of the refuse at a disposal area operated and maintained by the county need not have an operating permit, provided that:

1. A fee is not charged by such special hauler for the hauling of refuse;

2. A public or private nuisance is not created; and

3. Hauling shall conform to the requirements of Section 7.08.080 regarding hauling of covered loads. (Ord. 551 § 36, 1972.)

This chapter shall not be construed to prevent householders from hauling refuse from their own premises to a disposal site, in conformity with the requirements of Section 7.08.080, in any truck or vehicle having a bed smaller than six feet in width and eight feet in length without a permit and without a dumping charge. (Ord. 551 § 37, 1972.)