Inyo County Municipal Code Ch. 7.10 Solid Waste Disposal Sites

Whenever the following terms are used in this chapter they shall have the following meanings:

"Commercial solid waste"

means solid waste as hereinafter defined from commercial sources only; including, but not limited to, retail shopping, service and business establishments; demolition and construction activities; distributing and warehouse facilities; business and professional offices; contract yard, tree and shrub cutting or pruning service; and similar type retail, service and commercial activities.

"Collector"

means any person who operates a service for the collection and transportation of solid waste from residential, commercial, institutional or industrial premises for hire.

"County"

means the county of Inyo, state of California.

"Department"

means the department of public works of the county.

"Director"

means the director of the department of public works of the county or his or her duly authorized representative.

"Disposal"

means to process or dispose of solid waste.

"Hazardous waste"

means solid or liquid wastes with certain inherent dangers to people, animals, birds, fish or plants, including, but not limited to, toxic wastes, chemicals, explosives, pathological wastes and radioactive wastes.

"Health officer"

means the health officer of the county or his or her duly authorized representative.

"Highway"

means any street, road, alley or thoroughfare.

"Industrial waste"

means any liquid or solid waste substance, new sewage, from any producing, manufacturing or processing operation of whatever nature.

"Landfill" or "disposal site"

means a facility established, maintained and operated by the county for the disposal of solid wastes.

"Liquid waste"

means any waste, or combination of wastes, which is free-flowing.

"Nonresident contractor"

means any person who for consideration provides or furnishes a service, procures or furnishes goods, and who further regularly maintains a principal place of business and regularly transacts business outside the county proper.

"Person"

means any individual, firm copartnership, joint venture, association, organization, district or other political subdivision or any group or combination acting as a unit.

"Residential solid waste"

means solid waste as defined in this section from residential sources only, i.e., homes, apartments and other dwellings.

"Solid waste"

means, except as provided in subdivision (b) of Public Resources Code Section 40191, all putrescible and nonputrescible solid, semi-solid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, construction and demolition wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, de-watered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes.

"Tax-exempt entity"

means any municipal corporation, governmental component or agency, or subdivision thereof, other than the county, the property of which in whole or in part, is relieved from property tax liability to any extent.

"Transporter"

means any person who transports solid waste from a central collection point to a disposal site.

"Vehicle"

means any truck, trailer, semitrailer, passenger car, station wagon, pickup or conveyance used or intended to be used for the purpose of collecting, hauling or transporting solid waste upon a public highway.

(Ord. 238 § 1, 1973; Ord. 278 § 1, 1975; Ord. 1138 § VI, 2008)

The board shall establish and set aside or designate locations within the county to be used as public disposal sites.

(Ord. 238 § II, 1973)

All county landfill and disposal sites shall be under the supervision of the director who shall have the duty to promulgate rules and regulations regulating the use by the public and the operation of such disposal sites.

(Ord. 238 § III, 1973)

A. It is unlawful for any person to place, deposit or dump or cause to be placed, deposited or dumped any solid waste in or upon any private property into or upon which the public is admitted by easement or license or upon any private property without the consent of the owner or in or upon street, alley, public highway or road in common use or upon any public park or other public property other than property designated or set aside as a county landfill or disposal site for such purpose by resolution of the board.

B. The provisions of this section shall not apply to the use of solid waste in normal farming operations or in the processing or manufacturing of other products in a manner that will not create a public nuisance or adversely affect the public health; and, provided further, that these provisions shall not apply to an individual disposing of solid waste originating from his own residence onto land or facilities owned by him when disposal of such wastes does not thereby create a public nuisance or adversely affect the public health.

(Ord. 238 § IV, 1973)

It is unlawful for any person to place, deposit or dump or cause to be placed, deposited or dumped any hazardous liquid wastes in or upon a landfill or disposal site unless special permission is granted by the director with the advice and cooperation of the health officer.

(Ord. 238 § V, 1973)

A. Except as directed by the gate attendant at a county landfill, it is unlawful for any person in or upon any landfill or disposal site to salvage or collect therein, or remove therefrom, any trash, junk or other materials or substances whatsoever.

B. It is unlawful for any person in or upon any landfill or disposal site to enter, remain or loiter therein for any purpose except the purposes authorized herein.

C. Nothing contained in this section shall be construed to prevent the board or the director from authorizing, or contracting for the removal of junk or other materials from a county landfill or disposal site.

(Ord. 238 § VI, 1973; Ord. 1138 § V, 2008)

A. Solid waste from outside of the county shall not be accepted on any county landfill or disposal site except by express authorization of the board, except in cases of an emergency, authorization may be granted by the director.

B. For the purposes of this section, it shall be presumed that any solid waste brought to or deposited, dumped or placed by any person who is not an inhabitant of the county and not regularly engaged in the business of collecting of solid waste in the county, is solid waste originating outside the county.

C. All persons authorized to deposit, dump or place solid waste originating outside the county shall be charged the applicable fee established by the board under the provisions of Section 7.10.080 for the privilege of depositing, dumping or placing such solid waste in or upon any county landfill or disposal site unless a prior agreement has been approved by the board setting forth different terms and conditions.

(Ord. 238 § VII, 1973)

A. The board may by resolution establish fee schedules and regulations governing the collection of fees for the use of the facilities at any county operated landfill or disposal site, and may change, adjust or other-wise alter such regulations and fee schedules as the board may deem necessary. Such fees may be charged on either a tonnage or yardage basis, or both, as prescribed by the board.

B. All persons when using the facilities at any county operated landfill or disposal site shall pay the fee in accordance with the regulations established by the board pursuant to this section and shall be furnished a receipt therefor.

C. The board of supervisors of Inyo County is authorized to adopt fee schedules applicable to all property tax-exempt entities and to all nonresident contractors to compensate for the direct services, and use, of a refuse disposal site provided to them by the county. Said fee schedules shall be adopted by a resolution of the board of supervisors.

D. In the event of a declared local, state or federal state of emergency, or to alleviate threats to the public health or safety, the board of supervisors may by resolution waive solid waste disposal fees for classes of persons affected by the emergency or threat to public health or safety.

(Ord. 238 § VIII, 1973; Ord. 278 § 1, 1975; Ord. 1138 § IV, 2008)

A. At any county operated landfill or disposal site where regulations and fee schedules have been established by the board, the department shall designate a county employee or employees to evaluate and set charges and collect fees.

B. It shall be the duty of the checker collector on duty to designate the fee to be charged in accordance with the regulations and fee schedule established by the board and provide a receipt therefor.

(Ord. 238 § IX, 1973)

A. Should any person be dissatisfied with the fee charged him as not being fair and equitable, he may pay the fee under protest. The checker collector will designate the spot and direct the customer to dump his load and will then notify the director or his designated representative who shall appraise the load and the fee charged and his decision on the fee shall be final except by appeal.

B. Any person who is dissatisfied with any decision or ruling under this section may appeal in writing to the board within ten days of rendering of decision or ruling. The board shall set the appeal for hearing and give the appellant and the department a minimum of five days' notice of the hearing. After the hearing the board may affirm, amend or overrule the decision of the department.

(Ord. 238 § X, 1973)

Any person violating any provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than five hundred dollars or imprisonment in theCounty Jail for a term not exceeding six months, or both fine and imprisonment.

(Ord. 238 § XI, 1973)