Kings County Municipal Code Art. III Licensing for Solid Waste Collection

For the purpose of protecting the public health and safety and the environment, and pursuant to regulations adopted by the public works director, the public works director shall issue non-exclusive solid waste hauler licenses to persons or entities making application for a license pursuant, and subject to, the provisions of this article, and the agreements between the county and licensed haulers.

(Ord. No. 705, § 2, 10-4-22)

After completion of the application process set forth in section 13-32 of this article, the public works director may issue a non-exclusive license to an applicant for a solid waste hauler license, subject to appropriate terms and conditions set forth in the license, which terms and conditions shall be consistent with this chapter and with the regulations adopted pursuant thereto.

(1) License content. The solid waste hauler license shall include all the requirements of this chapter including, but not limited to, the responsibilities of solid waste hauler licensees as set forth in section 13-37 through section 13-40, the rules, regulations, and established standards set by the board under sections 13-6 and 13-10, and the policies and procedures established by the public works director under section 13-7.

(2) License term. Licenses issued pursuant to this section shall be valid for three years from the date of issuance. Such licenses shall be renewable subject to compliance with a renewal application procedure to be developed by the public works director.

(Ord. No. 705, § 2, 10-4-22)

The public works director and director of the public health department are responsible for the review and evaluation of applications for solid waste hauler licenses. Upon receipt of an application and the required fees, the public works director shall forward a copy of the application to the director of the public health department.

(1) Every application for a solid waste collection license must be accompanied by the fee required under section 13-33 below and shall contain at least the following information:

a. The name, address and business telephone number the of the applicant.

b. A comprehensive description of the proposed schedule for solid waste hauling days and time.

c. A comprehensive statement setting forth the applicant's experience in providing commercial solid waste hauling services in the past.

d. A complete description of the comprehensive system to be used by the applicant to meet the landfill diversion requirements set forth in subsection 13-37(a)(6) of this chapter, in the event that the applicant does not intend to comply with the requirement set forth in subsection 13-37(a)(6). Prior to the issuance of a license, the public works director must make a determination that such diversion system meets the requirements of this chapter and will not in any way jeopardize the county's ability to comply with the requirements set forth in Public Resources Code section 41780.

(2) The director of the public health department shall make any inspections he deems necessary or appropriate and within 30 days shall report to the public works director with recommendations, including any recommendations for special license conditions relating to public health and safety.

(3) The public works director shall review all applications and make such investigations as he deems necessary and appropriate.

(4) Upon the basis of the level of service proposed, any historical evidence as to the quality of service, the director of the public health department's recommendations, evidence submitted and results of any investigations, the public works director shall make a finding on the qualifications of the applicant under this chapter. On the basis of his findings, the public works director shall issue the license with appropriate conditions attached thereto, or he shall deny the application. If the public works director denies an application for a license, the applicant may request and shall be entitled to an appeal hearing before the board of supervisors.

(Ord. No. 705, § 2, 10-4-22)

Based upon the recommendation of the public works director, the board of supervisors shall establish a schedule of appropriate fees to cover the costs of processing and reviewing applications for solid waste hauler licenses. An application shall not be accepted by the public works director unless it is accompanied by the appropriate fee. An application which is mistakenly accepted without payment of the required fee shall be returned to the applicant without further processing.

(Ord. No. 705, § 2, 10-4-22)

(a) The following persons are not required to obtain a solid waste hauler license:

(1) Professional gardeners and persons hauling special waste, such as clean-up people;

(2) Persons collecting dead animals, bones, meat scraps, grease, or other waste food products for rendering or animal food;

(3) Collectors of tires and salvaged recyclables;

(4) Persons who collect vegetable matter or food waste, without any charge, for use as food for animals;

(5) Licensed construction and demolition contractors removing construction and demolition waste from a residential or commercial premises using their own employees and equipment as an incidental part of a comprehensive service offered by such contractor and in compliance with applicable law.

(6) Generators of hazardous waste (including household hazardous waste), medical waste, liquid waste and designated waste disposing of such materials in accordance with applicable law;

(7) Persons who provide solid waste collection under license, permit, contract with other governmental entities in the unincorporated areas of the county.

(b) The persons listed in subsections (a)(1) through (4) above, shall be subject to the following provisions:

(1) They shall register in accordance with subdivision section 13-35;

(2) They shall comply with all applicable health and safety requirements and standards for the collection, storage, processing and transportation of solid waste of that type.

(3) They shall comply with all reasonable and applicable policies, regulations and procedures adopted or established by the public works director in accordance with section 13-7.

(Ord. No. 705, § 2, 10-4-22)

Except as set forth in subsection (1) below, and except within the City of Avenal, it shall be unlawful for any person in any unincorporated area of the county to collect, remove, dispose of, transport or process solid waste without first registering with the public works director.

(1) Exceptions. The following persons are not required to register:

a. Persons holding a solid waste hauler license issued pursuant to article III of this chapter;

b. Persons within their own homes, whether owned or rented, who perform salvage for their own purposes;

c. All publicly operated solid waste facilities which operate under state permit;

d. The member agencies of KWRA, and those persons who, collect, remove, dispose of, transport or process solid waste under license, permit, or contract issued or entered into by said member agencies of KWRA.

(2) All solid waste processors, licensed haulers, consistent with the applicable agreement, may be required to prepare and submit an annual "report of solid waste processed" to the public works director. This report may be determined to be essential in monitoring the amount of solid waste diverted from land filling. The report shall contain, at a minimum, the following information.

a. The name of the person conducting the solid waste processing.

b. The type of solid waste processing conducted.

c. The total tonnage of solid waste processed.

d. The type of and tonnage of solid waste processed as recyclables.

e. The destination of the solid waste processed as recyclables.

(Ord. No. 705, § 2, 10-4-22)

Licenses may be issued to cities and special districts for collection outside their jurisdictions under the same terms and conditions set forth in this chapter.

(Ord. No. 705, § 2, 10-4-22)

(a) In addition to other requirements of this chapter, each licensed hauler shall comply with the following requirements:

(1) Performance standards. The licensed hauler shall provide solid waste collection service in compliance with the performance standards adopted by the board by resolution.

(2) Litter and nuisance prevention. The licensed hauler shall be responsible for the prevention of littering or the creation of a nuisance at the loading point, during loading, during transport, and during unloading operations.

(3) Regular collection schedule. The licensed hauler shall provide a minimum regular collection schedule for his or her customers. The licensee may change the regular collection schedule, consistent with the terms of the county agreements with licensed haulers but only after giving the county public works department and each of the effected customers at least 30 days notice of the proposed change.

(4) Operating records. The licensed hauler shall keep and maintain such operating records as the public works director may require to ascertain the extent of compliance with this chapter, and shall, if so requested by the public works director, submit periodic reports of his or her operations.

(5) Customer complaints. The licensed hauler shall maintain a record of customer complaints, to include a record of the action taken to resolve each complaint. Such record shall be available for inspection by the public works director for a period of at least three years.

(6) Landfill diversion requirements. The licensed hauler shall collect, remove, and transport solid waste in compliance with this chapter and other applicable law, including, but not limited to, 14 CCR section 18988.2. Such compliance shall include disposal of solid waste at the appropriate facility or operation for that type of waste, pursuant to the system of recovery and recycling is or may subsequently be developed and used by KWRA) for recycling by KWRA to the KWRA Materials Recovery Facility/Transfer Station located at 7803 Hanford-Armona Road, Hanford, California. The county shall have the right to approve any change in the designated disposal facility in its sole and absolute discretion. The county shall notify the licensed hauler in writing of any changes in or additions to the designated disposal facility.

(7) KWRA use agreement. Prior to, or at the time of, entering into an agreement with the county, a licensed hauler shall enter into an agreement (use agreement) with KWRA which guarantees that KWRA will accept the licensed hauler's solid waste and recyclables for the term of the license and guarantees that the licensed hauler will deliver all such solid waste and recyclables to KWRA's designated facility. A current executed copy of the use agreement shall be a condition of the license, and failure to comply with such use agreement shall be grounds for revocation of the license.

(8) Customer lists. The licensed hauler shall keep and maintain a current list of customers with name, telephone number, address and type of service and shall make such list available to the public works director or his designee upon request.

(b) Identification requirement. The identification of solid waste containers and vehicles used in the collection and transport of solid waste shall be governed by 14 CCR sections 17316 and 17344.

(c) Transportation requirements. Hauling of solid waste and parking of solid waste vehicles.

(1) The hauling of solid waste on public roads or highways shall be governed by Vehicle Code sections 23114 and 23115.

(2) The parking of solid waste collection and transportation vehicles shall be governed by 14 CCR section 17343.

(3) Vehicle and equipment inspection. Subject to the provisions of existing law, the vehicles and equipment of a licensed hauler may be inspected by the director of the public health department at any reasonable time, at the point of operation or at the licensed hauler's service yard.

(d) Insurance requirements. Solid waste hauler licensees shall be responsible for obtaining and maintaining during the entire term of their license and all renewals thereof a policy of public liability and property damage insurance in amount to be established by the public works director after consultation with the county's risk manager. A license shall not be issued by the public works director until the applicant has submitted a certificate of such insurance to the public works department.

(e) Compliance with agreement with county. Licensed haulers shall at all times during the term of its agreement with the county, and any extension thereof, comply with the terms and conditions of their agreement with the county.

(f) Three-container system. Licensed haulers shall provide green, blue and gray containers to all residential and commercial premises for the collection of discarded materials, consistent with agreement between the county and licensed haulers.

(Ord. No. 705, § 2, 10-4-22)

Each licensed hauler shall establish and maintain an office where service may be applied for and complaints made. The office shall be equipped with a listed telephone, to which calls from customers may be placed without payment of a toll. In addition, each licensed hauler shall provide a 24-hour, seven-day-a-week emergency telephone number for the use of the county and customers in the event of an emergency. Each licensed hauler shall supply all serviced premises with printed information cards containing information regarding amounts of solid waste which will be collected, proper source separation guidelines consistent with the three-container system of blue, green and gray containers, complaint procedures, rates, regulations, and days of collection. Information cards shall be provided to each customer at the time of subscription, upon request, and in advance of route, rate, or regulation changes.

(Ord. No. 705, § 2, 10-4-22)

All subscribers of services provided by a licensed hauler shall be billed directly by that licensed hauler. Such bills may be paid by check, cash, or credit card. For periods of vacancy when a subscriber will not require any services from a licensed hauler, the subscriber may request a temporary discontinuation of service and related charges. Any such discontinuation will take effect after an initial vacancy period of 30 days and, unless the licensed hauler agrees otherwise, will be for a minimum period of 30 days.

(Ord. No. 705, § 2, 10-4-22)

Any account with unpaid charges for three months or longer shall be considered a delinquent account. At the request of a licensed hauler, and upon the submission to the county of appropriate information demonstrating that an account is delinquent, the county will send a letter to the owner of the property with the delinquent account and request payment within 30 days. If complete payment is not received by the owner of the property within 60 days, the county may place a lien on the property in accordance with Government Code section 25828, and proceed to collect any unpaid amounts in the manner set forth therein. All amounts collected by the county pursuant to this section shall be remitted in full to the licensed hauler, less any offset for amounts due the county from that licensed hauler.

(Ord. No. 705, § 2, 10-4-22)

Neither the county nor any of its officers or employees shall be liable, or in any way responsible, for the payment of any service rates or charges due a licensed hauler for performing services for any person or entity other than the county.

(Ord. No. 705, § 2, 10-4-22)