Kern County Municipal Code Ch. 8.52 Establishment of Conditionally Exempt Small Quantity Generator Waste…

A. "Business concern" means any individual, firm, partnership, joint venture, association, corporation, estate, trust, receiver, syndicate, city, county or other political subdivision, special district or any other group or combination acting as a unit.

B. "County" means the county of Kern.

C. "Department" means the Kern County Public Works Department.

D. "Director" means the Director of the Public Works Department, or a designee authorized by the Director.

E. "Hazardous waste" means a waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics may do either of the following:

1. Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or

2. Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

Unless expressly provided otherwise, the term "hazardous waste" shall be understood to also include extremely hazardous waste as defined in Health and Safety Code Section 25115 and acutely hazardous waste as defined in the Health and Safety Code Section 25110.2.

F. "Conditionally exempt small quantity generator (CESQG)" means a business concern which meets the criteria specified in Section 261.5 of Title 40 of the Code of Federal Regulations, as amended, supplemented, superseded and replaced from time to time.

G. "CESQG gate fee" means a Kern County solid waste management program service charge, charged for all CESQG waste brought to the county special waste facility.

H. "Special waste facility" means all waste facilities in Kern County operated by the county for the purpose of collecting, handling, storing, recycling or disposing of household hazardous waste and conditionally exempt small quantity generator waste.

(Ord. G-6683 § 2 (part), 2000)

(Ord. No. G-8058, § 2, 6-22-10; Ord. No. G-9073, §§ 2, 3, 1-4-22)

All conditionally exempt small quantity waste generators bringing or causing another person to bring hazardous waste to the county special waste facility shall pay the gate fees required by this chapter, unless specifically exempted by this chapter. Gate fees for wastes brought to the special waste facility may be paid as designated by the director and approved by the board of supervisors by resolution.

(Ord. G-6683 § 2 (part), 2000)

The method for calculating the amount to be charged to a CESQG bringing waste to the county special waste facility shall be based on the actual weight of the hazardous waste as measured by a scale. If a scale is not available, the weight of the waste will be estimated based on the type of material and its volume. The department shall determine the most appropriate method for calculating the gate fee.

(Ord. G-6683 § 2 (part), 2000)

The director may charge an hourly fee in the amount of ninety dollars ($90.00) per hour. This fee shall be for services performed by the personnel of the department that are necessary to investigate illegal dumping, to oversee operations at any county waste facilities for health, safety or operational reasons, at the discretion of the director, or to give consultation services as requested. This hourly fee shall be charged in addition to any other applicable county fees including, but not limited to, solid waste management program service charges, gate fees, bin fees, or permit fees. All fees for services billed at the hourly rate shall be billed within ninety (90) days of the service rendered, are due as of the date of billing, and shall be paid withing thirty (30) days of the billing date. Any county invoice for hourly fees for services shall become delinquent thirty (30) days after it is due. Persons with delinquent hourly fees shall be charged a penalty in the amount of one and one-half percent (1.5%) of the delinquent amount per month.

(Ord. G-6683 § 2 (part), 2000)

(Ord. No. G-8058, § 2, 6-22-10; Ord. No. G-9073, § 4, 1-4-22)

In cases involving an emergency, accident or threat to public health, the department may authorize disposal without the immediate payment of the gate fees required by this chapter. The required gate fee for such disposal shall be billed at a later date to the person or business whose CESQG waste was disposed.

(Ord. G-6683 § 2 (part), 2000)

A. It is unlawful for any person to deliberately misidentify, make misrepresentations regarding the type of waste or make misrepresentations regarding the source of origin of waste contained in a load brought to any county waste facility, including the special waste facility. Any act or violation of the provisions of this section shall be an infraction and shall be punishable as provided in Section 1.12.020 of this code. The director is responsible for enforcing the provisions of this section and may issue a citation to a person committing an act or omission which is in violation of this section.

B. In the event that misidentified wastes have been disposed at a county waste facility, the responsible party shall pay the full cost of any required cleanup, remediation or relocation of the waste, in addition to the full gate fee for the misidentified waste.

(Ord. G-6683 § 2 (part), 2000)

CESQG hazardous waste originating outside the county shall not be accepted at any county waste facility and no person shall transport CESQG waste from outside the county to the county special waste facility except by the express order of the board of supervisors. The board of supervisors may agree to accept CESQG hazardous waste originating outside the county on such terms and conditions as it may approve.

(Ord. G-6683 § 2 (part), 2000)

The board of supervisors shall establish rules and regulations relating to CESQG waste and related revenue collection. A copy of these rules and regulations shall be available for inspection by the public at the county special waste facility and at the department.

(Ord. G-6683 § 2 (part), 2000)

No provision of this chapter shall be interpreted to exempt any person from complying with any applicable federal, state, and local laws, statutes, ordinances, regulations, rules and orders.

(Ord. G-6683 § 2 (part), 2000)

The department is authorized to make such arrangements and institute such administrative procedures as may be necessary to facilitate the collection of the fees and penalties described in this chapter.

(Ord. G-6683 § 2 (part), 2000)

The schedule of gate fees for disposal at the special waste facilities shall be as follows:

A. For the following identifiable materials (per pound, including container):

B. For materials that are brought to a county special waste facility that are not identifiable by the CESQG as being on the list set forth in subsection A of this section, the county may charge at its hourly rate for the testing and analysis of the material. Once identified, the material will be subject to the rates for the identified constituents set forth in subsection A. For constituents not listed in subsection A, the county may deny receipt or may charge the CESQG the county's cost for handling the material.

C. For vehicles which are overloaded, in addition to the charges set forth in subsection (A), the county shall charge a fee of three hundred dollars ($300.00) per vehicle.

(Ord. G-6683 § 2 (part), 2000)

(Ord. No. G-8058, § 4, 6-22-10; Ord. No. G-9073, § 5, 1-4-22)

Editor's note— Ord. No. G-9073, § 6, Jan. 4, 2022, provides that the schedule of conditionally exempt small quantity generator service charges shall become effective July 1, 2022.