Article I — GENERAL PROVISIONS

Editor's note— Ord. No. 665C, § 1, adopted March 15, 2022, amended Article I in its entirety to read as herein set out. Former Chapter 7.24, §§ 7.24.100—7.24.144, pertained to similar subject matter, and derived from Ord. No. 275, 1963; Ord. No. 275-B, 1966, Ord. No. 275-D, 1968; Ord. No. 285, 1974; Ord. No. 275-E, 2001; Ord. No. 363, 1972; Ord. No. 378, 1973; Ord. No. 385, 1974; Ord. No. 385A, adopted August 14, 2012 and Ord. No. 665, adopted July 9, 2013; Ord. No. 665A, § 2, adopted December 2, 2014 and Ord. No. 665B, adopted October 6, 2015.

The County of Madera Board of Supervisors finds that:

A.

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.

B.

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.

C.

Pursuant to Public Resources Code Sections 40002 and 40057, the board is authorized to and shall provide for solid waste handling services, including without limitation source reduction, recycling, composting, and the collection, transfer and disposal of solid waste within the unincorporated area of the county by any means authorized by Public Resources Code Sections 40058 and 40059.

D.

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 Madera 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

E.

Pursuant to the California Public Resources Code, the board 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 to operate singularly within the confines of an exclusive service area; and

F.

The board has determined that the establishment of exclusive service areas 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.

G.

For the reasons set forth above, the board finds that this chapter will promote public health, safety, and welfare, protect the environment, and assist in fire prevention.

H.

Assembly Bill 341, the State Recycling Law, places requirements on businesses and multi-family property owners that generate a specified threshold amount of solid waste to arrange for recycling services and requires the county to implement a mandatory commercial recycling program.

I.

Assembly Bill 1826, the State Organics Recycling Law, requires businesses and multi-family property owners that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, and requires the county to implement a recycling program to divert organic waste from businesses subject to the law.

J.

Senate Bill 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires the county to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations.

(Ord. No. 665C, § 1, 3-15-22).

Except as otherwise provided in this chapter, the following definitions shall govern the provisions of this chapter:

"Act" means the California Integrated Waste Management Act, California Public Resources Code section 40000 et seq., as amended.

"Baseline routing and collection system" means the routing and collection system for franchise waste, a complete description of which shall be furnished by the franchisee to the county.

"Bin" means a container with capacity of approximately one to six cubic yards, with a hinged lid, and with wheels where appropriate, that is serviced by a front end-loading collection vehicle.

"Blue container" has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials.

"Board" means the Madera County Board of Supervisors.

"Bulky waste" means large and small household appliances that do not contain chlorofluorocarbons, furniture, tires, carpets, mattresses and similar large items of solid waste which cannot be contained within a standard container. Bulky waste shall not include construction and demolition debris.

"CalRecycle" means the California Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on the County.

"Cart" means a plastic container with a hinged lid and wheels that is serviced by an automated or semi- automated collection vehicle. A cart has capacity of sixty-four or ninety-six gallons (or similar volumes).

"Collection" means the act of collecting solid waste, recyclable materials, organic waste, yard trimmings, C&D debris, bulky waste, and other waste material at the place of generation in the county.

"Collection vehicle" means any truck or any other vehicles used for the collection of franchise waste, C&D debris, bulky waste, and other waste material.

"Commercial business" means any for profit or non-profit firm, partnership, proprietorship, joint-stock company, corporation, association, strip mall, industrial facility, and multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multi-family residential dwelling that consists of fewer than five units is not a commercial business for purposes of this chapter.

"Commercial edible food generator" includes a Tier One or a Tier Two commercial edible food generator as defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).

"Commercial fiber materials" means a rope or string used as a component of composite materials, or, when matted into sheets, used to make products such as paper, papyrus, or felt.

"Commercial premises" means any building or site in the county within one of the franchise areas, other than residential premises, from which any business, service, non-profit, governmental, institutional, commercial or industrial activity is conducted, including without limitation motels, hotels, recreational vehicle parks, restaurants, professional offices, clubhouses, places of entertainment, manufacturing plants, and private schools. Commercial premises shall also include large multi-unit dwellings containing five or more dwelling units.

"Commercial waste" means solid waste generated, produced or discarded by or at commercial premises.

"Community composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed one hundred cubic yards and seven hundred fifty square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).

"Compactor" means a mechanical apparatus that compresses materials together with the container that holds the compressed materials or the container that holds the compressed materials if it is detached from the mechanical compaction apparatus. Compactors include two to four cubic yard bin compactors serviced by front-end loader collection vehicles and ten to fifty cubic yard drop box compactors serviced by roll-off collection vehicles.

"Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), as amended, supplemented, superseded, and replaced from time to time.

"Construction and demolition debris" or "C&D debris" includes discarded building materials, packaging, debris, and rubble resulting from construction, alteration, remodeling, repair or demolition operations on any pavements, excavation projects, houses, commercial buildings, or other structures, excluding excluded waste.

"Container" means any bin, cart, or other receptacle designed for the collection of solid waste, recyclable materials and/or organic waste used by generators for the disposition of such waste or materials.

"Container contamination" or "contaminated container" means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

"County" means the County of Madera, California.

"County enforcement official" means chief of development services, public works director, or their authorized designee(s), or any other individual or body appointed by the board of supervisors who is/are partially or wholly responsible for enforcing this chapter.

"Curb (or curbside)" means the location of a container for pick-up, where such container is placed on the street or alley against the face of the curb, or where no curb exists, the container is placed not more than five feet from the outside edge of the street or alley nearest the property's entrance.

"Customer" means the person whom a franchisee submits billing invoices to and collects payment from for collection services provided to a premises. The customer may be either the occupant or owner of the premises.

"Department" means the public works department of the County of Madera.

"Designated disposal facility" means the Fairmead Landfill or any other site or facility or facilities designated by the County for the disposal of solid waste or source separated organic waste.

"Designated recycling facility" means the site referred to in the relevant franchise agreement or any site or facility or facilities approved by the county for the disposal of recyclable materials.

"Designated source separated organic waste facility" has the same meaning as defined in 14 CCR Section 18982(14.5), and is a solid waste facility that accepts a source separated organic waste collection stream as defined in [Section] 17402(a)(26.6) and complies with one of the following:

The facility is a "transfer/processor," as defined in 14 CCR Section 18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d), and meets or exceeds an annual average source separated organic content recovery rate of fifty percent between January 1, 2022 and December 31, 2024, and seventy-five percent on and after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(f) for organic waste received from the source separated organic waste collection stream.

A.

If a transfer/processor has an annual average source separated organic content recovery rate lower than the rate required in paragraph 1 of this definition for two consecutive reporting periods, or three (3)

reporting periods within three years, the facility shall not qualify as a "designated source separated organic waste facility."

The facility is a "composting operation" or "composting facility" as defined in 14 CCR Section 18815.2(a) (13), that pursuant to the reports submitted under 14 CCR Section 18815.7 demonstrates that the percent of the material removed for landfill disposal that is Organic Waste is less than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR Section 17896.5.

A.

If the percent of the material removed for landfill disposal that is organic waste is more than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), for two (2) consecutive reporting periods, or three reporting periods within three years, the facility shall not qualify as a "designated source separated organic waste facility." For the purposes of this chapter, the reporting periods shall be consistent with those defined in 14 CCR Section 18815.2(a)(49).

"Designated waste" means non-hazardous waste which may pose special disposal problems because of its potential to contaminate the environment and which may be disposed of only in Class II disposal sites or Class III disposal sites pursuant to a variance issued by the California Department of Health Services. Designated waste consists of those substances classified as designated waste by the State of California, in California Code of Regulations Title 23, Section 2522 as may be amended from time to time.

"Designee" means an entity that the county contracts with or otherwise arranges to carry out any of the county's responsibilities of this chapter as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a franchisee, a private entity, or any combination thereof.

"Discarded materials" means solid waste, recyclable materials, yard trimmings, C&D debris, and bulky waste placed by a generator in a container or other appropriate receptacle (including a compactor or drop box for collection by a roll-off collection vehicle) at a location for the purposes of collection, excluding excluded waste.

"Disposal or dispose (or variation thereof)" means the final disposition of solid waste at a disposal site. Disposal does not include the use of yard trimmings as alternative daily cover so long as county and state regulations consider alternative daily cover (ADC) use of yard trimmings as diversion under the Act.

"Disposal site" means a facility for ultimate disposal of solid waste.

"Drop box" means an open-top container with a capacity of ten to fifty cubic yards that is serviced by a roll-off collection vehicle.

"Edible food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), "edible food" is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

"Excluded waste" means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, biomedical, infectious, biohazardous, and toxic substances or material. It also includes waste that a franchisee or other authorized collection enterprise reasonably believes would, as a result of or upon disposal, be a violation of local, state or federal law, regulation or ordinance, including land use restrictions or conditions, waste that cannot be disposed of in Class III landfills, waste that in the opinion of the franchisee or other authorized collection enterprise would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose such enterprise or county to potential liability. It does not, however, include de minimis volumes or concentrations of waste of a type and amount normally found in residential solid waste after implementation of programs for the safe collection, recycling, treatment and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.

"Food distributor" means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

"Food facility" has the same meaning as in Section 113789 of the Health and Safety Code.

"Food recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

"Food recovery organization" means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities, or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:

A food bank as defined in Section 113783 of the Health and Safety Code;

A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and

A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A food recovery organization is not a commercial edible food generator for the purposes of this chapter.

"Food recovery service" means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this chapter.

"Food service provider" means an entity primarily engaged in providing food services to institutional, governmental, commercial premises, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).

"Food waste" means food scraps, food-soiled paper, and compostable plastics and organics.

"Franchise(es)" mean the party or parties that have entered into a franchise agreement with the county that remains in effect for solid waste, recyclable materials, yard trimmings, C&D debris, and bulky waste collection services in the unincorporated area of the county and the lawful successor, transferee, or assignee of that person as permitted in accordance with Section 7.24.129.

"Franchise area" means the valley franchise area, the mountain franchise area, or both.

"Franchise services" means all of the duties and obligations of the franchisee as defined in Section 7.24.104.

"Franchise waste" means any discarded materials collected by a franchisee as part of the franchise services in accordance with its franchise.

"Franchisee operating assets" means all property of any kind which is owned, leased, managed or operated by or under contract to the franchisee for providing the franchise services, including without limitation containers, collection vehicles, maintenance and storage facilities, administrative facilities, current route books, maps, customer lists, and other equipment, machinery, parts, supplies and tools.

"Generator" means any "person" as defined by the Public Resources Code, whose act or process produces solid waste, recyclable materials, organic waste, yard trimmings, C&D debris, or bulky waste as defined herein, or whose act first causes any such material to become subject to regulation.

"Gray container" means a container where either the lid of the container is gray or black in color or the body of the container is entirely gray or black in color and the lid is gray or black in color. Hardware such as hinges and wheels on a gray container may be any color.

"Gray container waste" means solid waste that is collected in a gray container that is part of a three- container organic waste collection service that prohibits the placement of organic waste in the gray container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).

"Green container" means a container where either the lid of the container is green in color or the body of the container is green in color and the lid is green, gray, or black in color. Hardware such as hinges and wheels on a green container may be any color.

"Grocery store" means a store primarily engaged in the retail sale of canned food, dry goods, fresh fruits and vegetables, fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).

"Hauler route" means the designated itinerary or sequence of stops for each segment of a franchisee's collection service area.

"Hazardous substance" means any of the following: (a) any substances defined, regulated or listed (directly or by reference) as "hazardous substances," "hazardous materials," "hazardous wastes," "toxic waste," "pollutant" or "toxic substances" or similarly identified as hazardous to human health or the environment, in or pursuant to (i) the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, 42 USC § 9601 et seq. (CERCLA); (ii) the Hazardous Materials Transportation Act, 49 USC § 1802,

et seq.; (iii) the Resource Conservation and Recovery Act, 42 USC § 6901 et seq.; (iv) the Clean Water Act, 33 USC Section 1251 et seq.; (v) California Health and Safety Code Sections 25115—25117, 25249.8, 25281, and 25316; (vi) the Clean Air Act, 42 USC Section 7901 et seq.; and (vii) California Water Code Section 13050; (b) any amendments, rules or regulations promulgated thereunder to such enumerated statutes or acts currently existing or hereafter enacted; and (c) any other hazardous or toxic substance, material, chemical, waste or pollutant identified as hazardous or toxic or regulated under any other applicable law currently existing or hereinafter enacted, including, without limitation, friable asbestos, polychlorinated biphenyl's ("PCBs"), petroleum, natural gas and synthetic fuel products, and by-products.

"Hazardous waste" means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the State of California in Health and Safety Code Sections 25110.02, 25115, and 25117 or in the future amendments to or recodifications of such statutes or identified and listed as hazardous waste by the U.S. Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC Section 6901 et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder.

"High diversion organic waste processing facility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content Recovery rate of fifty percent between January 1, 2022 and December 31, 2024, and seventy-five percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the "mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); or as otherwise defined in 14 CCR Section 18982(a)(33).

"Household hazardous waste" means hazardous waste generated at residential premises within the county.

"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 that are identified in Health and Safety Code Section 25117.5 as may be amended from time to time.

"Inspection" means a site visit where the county enforcement official reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements of this chapter.

"Large event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than two thousand individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event; or as otherwise defined in 14 CCR Section 18982(a)(38).

"Large venue" means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility; or as otherwise defined in 14 CCR Section 18982(a)(39). For purposes of this chapter and implementation of the SB 1383 Regulations, a site

under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue.

"Liquid waste" means waste which fails the US EPA Paint Filter Liquids Test (US EPA Method 9095A 1996).

"Local education agency" means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).

"Medical waste" means waste capable of producing an infection or pertaining to or characterized by the presence of pathogens, including without limitation certain wastes generated by medical practitioners, hospitals, nursing homes, medical testing labs, mortuaries, taxidermists, veterinarians, veterinary hospitals and medical testing labs and any waste which includes animal wastes or parts from slaughterhouses or rendering plants, but excluding treated medical waste that can be accepted at the designated disposal facility.

"Mountain franchise area" means the area in the county whose boundaries are commencing at a point where the west line of Township 11 South, Range 21 East intersects with the southerly boundary of the County of Madera; thence northerly along said west line and the extension thereof, to the south line of Township 9 South, Range 20 East; thence westerly along said south line to the west line of Township 9 South; Range 20 East; thence northerly along said west line to the south line of Township 8 South, Range 19 East; thence westerly along said south line to the west line of Township 8 South, Range 19 East; thence northerly along said west line to the northerly boundary of the County of Madera; thence northerly along said boundary; thence easterly along said boundary; thence southerly along said boundary to the point of beginning. Reference to the boundary of the County of Madera is as it existed on January 23, 1964. Reference to township and range implies the Mount Diablo Base and Meridian.

"Multi-family" means any residential premises, other than a single-family premises, with five or more dwelling units used for residential purposes (regardless of whether residence therein is temporary or permanent) and which receive centralized collection service for all units on the premises with billing to one customer at one address.

"Non-local entity" means an entity that is an organic waste generator but is not subject to the control of the county's regulations related to solid waste or as otherwise defined in 14 CCR Section 18982(a)(42). These entities may include, but are not limited to, special districts, federal facilities, prison(s), facilities operated by the state park system, public universities (including community colleges), county fairgrounds and state agencies.

"Non-organic recyclables" means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).

"Notice of violation" or "NOV" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

"Organic waste" means solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste,

organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

"Organic waste generator" means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

"Occupant" means the person who occupies a premises.

"Owner" means the person holding the legal title or having a right to possession to the real property constituting the premises to which solid waste and/or recyclable materials and/or yard waste collection service is provided or required to be provided hereunder.

"Paper products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).

"Person(s)" means any individual, firm, association, organization, partnership, corporation, trust, joint venture, or entity (public or private).

"Premises" means any land or building in the county where solid waste, recyclable materials, yard trimmings, C&D debris, or bulky waste are generated or accumulated.

"Printing and writing papers" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).

"Processing" means to prepare, treat, or convert through some special method.

"Prohibited container contaminants" means any of the following:

Non-organic waste placed in a green container;

Organic wastes that are carpet, hazardous wood waste, or non-compostable paper placed in the green container;

Organic waste placed in a gray container that is required to be source-separated and collected separately in the green container or blue container;

Organic waste placed in the blue container shall be considered prohibited container contaminants when such waste is specifically identified in this chapter for collection in the green container for recovery. Paper

products, printing and writing paper, wood and dry lumber may be considered acceptable and not considered prohibited container contaminants if they are placed in the blue container.

"Property owner" means the owner of real property.

"Qualified household hazardous waste" means waste materials determined by the board, the department of health services, the State Water Resources Control Board, or the air resources board to be of a nature that they must be listed as hazardous in state statutes and regulations; or toxic/ignitable/corrosive/reactive; or carcinogenic/mutagenic/teratogenic; which are discarded from households as opposed to businesses. Qualified household hazardous waste shall not include hazardous waste.

"Recovered organic waste products" means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).

"Recovery" means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

"Recycled-content paper" means paper products and printing and writing paper that consists of at least thirty percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).

"Recyclable materials" or "recyclables" means those discarded materials that the generators set out in recyclables containers for collection for the purpose of recycling; that are at least ninety percent recyclable; and that exclude excluded waste. No discarded materials shall be considered recyclable materials unless such material is separated from solid waste, yard trimmings, and C&D debris. Recyclable materials shall include, but not be limited to: newspaper (including inserts, coupons, and store advertisements); mixed paper (including office paper, computer paper, magazines, junk mail, catalogs, brown paper bags, brown paper, paperboard, paper egg cartons, telephone books, grocery bags, colored paper, construction paper, envelopes, legal pad backings, shoe boxes, cereal and other similar food boxes yet excluding paper tissues, paper towels, paper with plastic coating, paper contaminated with food, wax paper, foil-line paper, Tyvek non-tearing paper envelopes); chipboard; corrugated cardboard; glass containers of any color (including brown, clear, and green glass bottles and jars); aluminum (including beverage containers, small pieces of scrap metal); steel, tin or bi-metal cans; mixed plastics such as plastic containers (No. 1 to 7) and bottles including containers made of HDPE, LDPE, or PET.

"Recycle," "recycled" or "recycling" means the process of collecting, sorting, cleansing, treating, reconstituting or otherwise processing materials that are or would otherwise become solid waste and returning them to the economic mainstream in the form of raw material for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace.

"Renewable gas" means gas derived from organic waste that has been diverted from a landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle organic waste, or as otherwise defined in 14 CCR Section 18982(a)(62).

"Residential" shall mean of, from, or pertaining to a single-family premises or multi-family premises of less than five dwelling units, including single-family homes, apartments, condominiums, townhouse complexes,

mobile home parks, cooperative apartments, and yacht harbors and marinas where residents live aboard boats.

"Residential waste" means solid waste generated, produced or discarded by or at residential premises.

"Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on- premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).

"Route review" means a visual inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).

"SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

"SB 1383 Census Tracts" means all census tracts in the county for which a waiver has not been granted by CalRecycle pursuant to 14 CCR 18984.12(a)(2).

"SB 1383 Regulations" means or refers to, for the purposes of this chapter, Senate Bill 1383 (SB 1383), the Short-Lived Climate Pollutants: Organic waste reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended applicable portions of regulations in 14 CCR and 27 CCR.

"Scrap materials" means any materials which are separated by type by the generator thereof from materials which otherwise are discarded as franchise waste and which are sold by the generator to a private recycler, scrap dealer or salvager and recycled.

"Self-hauled waste" means solid waste, organic waste, or recyclable material collected and hauled by self- haulers.

"Self-hauler" means a person, who hauls solid waste, organic waste, or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCF Section 18982(a)(66). Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

"Single-family" means, for purposes of this chapter and notwithstanding any contrary definition in the county code, any detached or attached house or residence designed or used for occupancy by one family, provided that collection service feasibly can be provided to such premises as an independent unit, and the owner or occupant of such independent unit is billed directly for the collection service. Single-family also includes residential units of a duplex or tri-plex residential structure.

"Solid waste" means solid waste as defined in California Public Resources Code Section 40191 and regulations promulgated thereunder. Excluded from the definition of solid waste are excluded waste, C&D debris, source separated (i.e., separated by the generator) recyclable materials, source separated organic

waste, and radioactive waste. Notwithstanding any provision to the contrary, "solid waste" may include de minimis volumes or concentrations of waste of a type and amount normally found in residential solid waste after implementation of programs for the safe collection, recycling, treatment and disposal of household hazardous waste in compliance with Sections 41500 and 41802 of the California Public Resources Code as may be amended from time to time.

"State" means the State of California.

"Source separated organic waste" means organic waste that is placed in a separate container for collection or disposal by the organic waste generator, including without limitation a green container as specified in 14 CCR Section 18984.1(a)(1) and 18984.2(a)(1).

"Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

"Tier One commercial edible food generator" means a commercial edible food generator that is one of the following:

Supermarket.

Grocery store with a total facility size of at least ten thousand square feet.

Food service provider.

Food distributor.

Wholesale food vendor.

"Tier Two commercial edible food generator" means a commercial edible food generator that is one of the following:

Restaurant with seating for at least two hundred fifty people, or a total facility size of at least five thousand square feet.

Hotel with an on-site food facility and at least two hundred guest rooms.

Health facility with an on-site food facility and at least one hundred patient beds.

Large venue.

Large event.

A state agency with a cafeteria with seating for at least two hundred fifty people, or total cafeteria facility size of at least five thousand square feet.

A local education agency facility with an on-site food facility.

"Transport" means the act of transporting or state of being transported.

"Valley franchise area" means the area in the county whose boundaries are commencing at a point where the west line of Township 11 South, Range 21 East intersects with the southerly boundary of the County of Madera; thence northerly along said west line and the extension thereof, to the south line of Township 9 South, Range 20 East; thence westerly along said south line to the west line of Township 9 South; Range 20 East; thence northerly along said west line to the south line of Township 8 South, Range 19 East; thence westerly along said south line to the west line of Township 8 South, Range 19 East; thence northerly along said west line to the northerly boundary of the County of Madera; thence westerly along said boundary; thence southerly along said boundary; thence easterly along said boundary; thence northerly along said boundary to the point of beginning. Reference to the boundary of the County of Madera is as it existed on January 23, 1964. Reference to township and range implies the Mount Diablo Base and Meridian.

"Wholesale food vendor" means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).

"Yard trimmings" or "yard waste" means those discarded materials that will decompose and/or putrefy, including but not limited to, green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, and small pieces of unpainted and untreated wood (limbs, branches, trees and small pieces of wood material are limited to three inches in diameter and thirty-six inches in length), excluding excluded waste.

(Ord. No. 665C, § 1, 3-15-22).

A.

The board is authorized to grant an exclusive franchise or franchises to one or more persons for the exclusive rights to collect franchise waste within specific areas within the unincorporated area of the county and to deliver all collected franchise waste to a facility designated for disposal.

B.

The board shall specify in all franchises the area within which the franchisee may perform the franchise services within the county. No franchisee shall at any time perform the franchise services in the county outside the franchise area.

C.

The term of the franchise, including any renewal periods, shall not exceed twenty-five years.

D.

The franchisee shall dispose of all franchise waste only at sites specified in the franchise agreement or designated by the county.

E.

This franchise chapter shall apply to all franchises issued on or after the effective date of the ordinance codified in this chapter.

(Ord. No. 665C, § 1, 3-15-22).

Except as authorized pursuant to Sections 7.24.106 and 7.24.107, no person shall collect, handle, transfer, store, process, transport or use discarded materials (including recyclable materials and C&D debris) or franchise waste in the unincorporated area of the county without first receiving a franchise from the county to engage in such activity.

(Ord. No. 665C, § 1, 3-15-22).

A.

For each exclusive franchise area, the franchise services may include:

Collecting, transporting, and disposing of residential waste and commercial waste at a designated disposal facility;

Collecting, transporting, and disposing of source-separated recyclable materials and commercial fiber materials at a designated recycling facility;

Collecting, transporting, and disposing of source-separated organic waste to any designated disposal facility or designated recycling facility;

Marketing source-separated recyclable materials and commercial fiber materials;

Providing containers to all residential and commercial premises for the collection of discarded materials;

Collecting, transporting, and disposing of C&D debris and bulky waste placed in compactors or drop box containers for collection by roll-off collection vehicles.

B.

The franchise services shall be agreed upon in writing by the franchisee and the county.

C.

The board in its discretion may award franchises for the franchise services in each franchise area individually or in any combination that the board deems beneficial to the county.

D.

SB 1383 Census Tracts within any franchise area are subject to SB 1383 Regulations as provided in Section 7.24.107 of this chapter.

E.

All franchise areas, including SB 1383 Census Tracts within franchise areas, are subject to AB 341 and AB 1826 requirements.

(Ord. No. 665C, § 1, 3-15-22).

Any franchisee shall pay to the county a monthly franchise fee as agreed upon by the franchisee and the county in the franchise agreement for all services provided by the franchisee in the franchise area.

(Ord. No. 665C, § 1, 3-15-22).

Unless otherwise agreed to in writing by the county, the following shall be excepted from the exclusive rights of a franchisee under its exclusive franchise (but, where relevant, may still be provided by such franchisee). Except as otherwise authorized in Section 7.24.107, all waste generated in the county and

collected for disposal must be transported for disposal by a franchisee, any non-franchise hauler authorized to transport pursuant to this section, or self-hauled to the North Fork Transfer Station, Fairmead Landfill, or other designated disposal facility or designated recycling facility.

A.

Any generator may self-haul and transport their self-hauled solid waste, source-separated organic waste, recyclable material, and/or scrap materials to a designated disposal facility or designated recycling facility.

B.

Generators of hazardous waste (including household hazardous waste), medical waste, liquid waste and designated waste may dispose of such materials in accordance with applicable law.

C.

Yard waste removed from a residential or commercial premises by a gardening, landscaping or tree trimming contractor using its own employees and equipment as an incidental part of a comprehensive service offered by such contractor, may be disposed of by such contractor at any licensed disposal or recycling facility.

D.

Construction and demolition waste removed from a residential or commercial premises by a licensed construction or demolition contractor using its own employees and equipment as an incidental part of a comprehensive service offered by such contractor, rather than as a hauling service a comprehensive service offered by such contractor, rather than as a hauling service, may be disposed of by such contractor at any licensed disposal or recycling facility;

E.

Recyclable materials may be sold by the generator thereof for a net, positive payment to any permitted recycler so long as such sales constitute a required exclusion from exclusive franchises under applicable law and in accordance with Section 7.24.107;

F.

Recyclable materials and scrap materials may be donated by the generator thereof to any charitable organization;

G.

Recyclable materials consisting of beverage containers may be recycled by the generator thereof at authorized facilities under the California Beverage Container Recycling Litter Reduction Act;

H.

The removal of any waste materials generated by public schools, cities, the county, the State of California, or federal facilities (with the exception of those facilities subject to 42 U.S.C. Section 6961(a)).

I.

The removal of any waste materials generated within sovereign tribal lands or reservations.

J.

Source separated organic waste collected and transported for community composting.

(Ord. No. 665C, § 1, 3-15-22).

A.

All organic waste generators in SB 1383 Census Tracts shall comply with this chapter by either:

Subscribing to and complying with the requirements of the organic waste collection service provided by a county franchisee;

Self-hauling source separated organic waste in a manner that complies with the requirements of this chapter;

Managing organic waste on site at the generator's premises; or

Transporting source separated organic waste to a community composting site in accordance with this chapter.

B.

Generators that are commercial businesses shall comply with the requirements of subsection A above for organic waste generated by employees, contractors, tenants, and customers on the commercial business premises, including supplying and allowing access to an adequate number, size, and location of containers with sufficient labels or container color, and shall annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and proper sorting of organic waste. Commercial businesses that are Tier One or Tier Two Commercial edible food generators shall comply with food recovery requirements, pursuant to Section 6.3.2.06.

C.

Generators that are commercial businesses, except for multi-family residential dwellings, shall also:

Provide containers for the collection of organic waste and non-organic recyclables in all areas where disposal containers are provided for customers, except for restrooms. The containers provided by the business shall have either:

a.

A body or lid that conforms with the appropriate container colors provided in this chapter; or

b.

Container labels that comply with the requirements of 14 CCR Section 18984.8.

Prohibit their employees from placing organic waste in a container not designated to receive organic waste as set forth in this chapter.

Periodically inspect organic waste containers for contamination and inform employees if containers are contaminated and of the requirement to only use appropriate containers for organic waste.

D.

A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this chapter prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

E.

If a commercial business does not generate any of the waste or materials that would be collected in one type of container, then the commercial business does not have to provide that particular container in all areas where disposal containers are provided for customers.

F.

Self-Hauler Requirements.

Self-haulers shall source separate all organic waste generated on premises from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.

Self-haulers shall haul their source separated organic waste to a solid waste facility, operation, activity, property or community composting site that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.

Self-haulers that are commercial businesses shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, property or community composting site that processes or recovers organic waste; the records or a copy thereof shall be provided to the county enforcement official upon request. The records shall include the following information:

a.

Delivery receipts and weight tickets from the entity accepting the waste.

b.

The amount of material in cubic yards or tons transported by the generator to each entity.

c.

If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.

A residential organic waste generator that self-hauls source separated organic waste is not required to record or report information in this section.

G.

County Waivers. The county may issue any of the following waivers from the requirements of this section to organic waste generators in SB 1383 Census Tracts, and may require payment of a fee in accordance with applicable legal requirements for the processing, issuance, and compliance monitoring associated with a waiver:

De Minimis Waiver. The county may waive a commercial business' obligation to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation to the county or if the county has evidence demonstrating that:

a.

The commercial business' total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than twenty gallons per week per applicable container of the business' total waste; or

b.

The commercial business' total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than ten gallons per week per applicable container of the business' total waste. The commercial business shall notify the county if circumstances change such that the commercial business' organic waste exceeds the threshold(s)

required for a waiver, in which case the waiver will be rescinded. If the county obtains information at any time that a commercial business that has received a waiver is exceeding the organic waste thresholds specified above, the county shall rescind the waiver.

Physical Space Waiver. The county may waive a commercial business' or property owner's obligations to comply with some or all of the recyclable materials and/or organic waste collection service requirements of this chapter if the commercial business or property owner provides documentation or if the county has evidence from its staff, a franchisee, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for any of the organic waste container configurations allowed under 14 CCR 18984.1(a) or 18984.2. A commercial business or property owner may request a physical space waiver through the following process:

a.

Submit a request or application in any form required by the county specifying the type(s) of collection services for which the generator is requesting a physical space waiver.

b.

Provide documentation that the premises lacks adequate space for containers including documentation from the applicable franchisee, licensed architect, or licensed engineer.

Other Waivers. The county, in its discretion, may grant a waiver to an organic waste generator in a SB 1383 Census Tract on any other grounds not specified herein if the county enforcement official determines that compliance with the organic waste requirements of this chapter is impractical or infeasible for a generator.

The county may require any generator granted a waiver under this section to, at such intervals as may reasonably be established by the county, provide information in a manner required by the county to confirm the circumstances for issuance of the waiver continue to exist.

A waiver may be revoked by the county enforcement official if determined there is a violation of any of the requirements of this section or that a threat to public health or safety, environmental contamination, or public nuisance condition is created as a result of the waiver.

(Ord. No. 665C, § 1, 3-15-22).

In the event the generator of discarded materials, discarded scrap materials, or excluded waste is unknown, such materials and excluded waste shall be the property and responsibility of the owner of the premises upon which they have been deposited. Prior to being deposited in a container and placed on the

curb or the appropriate collection area of a commercial or residential premises, all discarded materials, discarded scrap materials, and excluded waste shall be the property and responsibility of the generator, owner or occupant of the premises. All discarded materials and discarded scrap materials, and any excluded waste inadvertently collected, shall become franchise waste and shall be the property and responsibility of the franchisee upon collection by the franchisee or other entity that is responsible for collection. Upon being delivered to a designated disposal or recycling facility, the franchise waste becomes the property of the operator of the designated disposal or recycling facility. If, however, the franchisee or other entity can identify either: (i) the generator that produced the excluded waste, or (ii) the owner or occupant of the premises from which excluded waste was inadvertently collected by that enterprise, responsibility for excluded waste shall remain with the identified person. If such person cannot be identified, the franchisee or other entity shall be responsible for proper disposal of the excluded waste and shall assume responsibility for its disposal and related costs.

(Ord. No. 665C, § 1, 3-15-22).

A.

Collection Routes. Each franchisee shall establish and maintain collection routes in such manner to provide for the uniform and efficient collection from all residential premises on a Monday through Friday basis and commercial premises on a Monday through Saturday basis. The county shall have the right at any time to direct the franchisee to change, amend, modify or otherwise revise the baseline routing and collection system provided that the rates paid to the franchisee shall be adjusted accordingly.

B.

Route Books and Maps. The franchisee shall prepare route books and maps for each route, which shall outline specific routing and scheduling information regarding the collection of franchise waste. The books and maps shall be kept current and shall be supplied to the county as amended.

C.

Customer List. The franchisee shall supply the county with the name of the owner and the address of each premises that it serves.

D.

Holidays. Collection of franchise waste shall not be required on the following legal holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, except in case of emergency or as otherwise authorized by the county.

(Ord. No. 665C, § 1, 3-15-22).

A.

General Container Requirements.

Except as otherwise provided in this chapter, every owner and generator shall keep upon the premises, and shall use, sufficient approved containers to hold any accumulation of solid waste between time of collection or disposal at a disposal facility.

The franchisee shall not be required to collect discarded materials from containers which do not conform to county requirements.

All premises shall have sufficient containers to hold all discarded materials created, produced or accumulated on the premises, and no container shall be loaded beyond a reasonable weight limit as established in the franchise agreement.

Containers shall be kept continuously closed, except when discarded materials are being placed therein or removed therefrom, and shall at all times be closed against the access of flies, rodents and other animals. Containers shall be of a size approved by the county as being adequate. All containers shall be kept closed or covered at all times, sanitary, and emptied on a regular schedule as required by the county.

Containers shall not be placed or allowed to remain in or on any road or alley right-of-way unless authorized by the county.

(Ord. No. 665C, § 1, 3-15-22).

The franchisee shall establish the collection location for all containers within a reasonable, safe, and convenient distance from the premises in compliance with applicable law. The franchisee is responsible for the collection, in a safe manner, of all franchise waste placed for collection at all such designated collection locations.

(Ord. No. 665C, § 1, 3-15-22).

A.

Clean Up. The franchisee shall cause all spills of franchise waste occurring during the collection process to be cleaned up immediately upon the occurrence of the spill. The franchisee may charge a customer for any and all spills caused by that customer.

B.

Improper Loading or Placement of Containers. A franchisee may decline to collect any franchise waste that: (1) has not been properly loaded into containers, (2) has been overloaded in containers by weight or volume, (3) has been compacted or otherwise placed, kept or accumulated in a manner such that the franchise waste will not, of its own weight, fall out of the container in which it is placed when such container is turned upside down, (4) is contaminated with hazardous waste or other disallowed materials, or (5) in the case of recyclable materials, the inclusion of excessive quantities of non-recyclable solid waste. The franchisee may also decline to collect any franchise waste if the container in which it is contained has been placed: (i) in a location which the franchisee cannot readily access, or (ii) in a manner which would otherwise prohibit the safe pickup thereof.

C.

Record of Non-Collection. Pursuant to this section, the franchisee shall leave a tag indicating in writing the reasons for non-collection. The franchisee shall maintain, at its place of business, a log book listing all such circumstances in which collection is denied. The log book shall contain the address of the premises involved, the date of such tagging, the reason for non-collection, and the date and manner of disposition of each case. The log relating to any particular tagging shall be retained for a period of one year following such tagging.

D.

Commercial businesses in SB 1383 Census Tracts, including multi-family residential dwellings shall:

Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting.

Provide educational information before or within fourteen days of occupation of the premises to new tenants that describes requirements to keep source separated organic waste and source separated recyclable materials separate from gray container waste and the location of containers and the rules governing their use at each property.

Provide or arrange access for the county enforcement official to their properties during all inspections.

(Ord. No. 665C, § 1, 3-15-22).

An owner or generator shall not accumulate, or allow to accumulate, any solid waste, either on the surface of the ground or buried beneath the ground, on any commercial or residential premises, except that a person may accumulate his or her own food waste, yard waste and organic waste for the purpose of composting on site or participating in community composting provided such accumulation does not create a public nuisance as prohibited by Section 7.24.136.

(Ord. No. 665C, § 1, 3-15-22).

Every owner and generator in the county shall separate household hazardous waste from solid waste and shall dispose of it only at a hazardous waste collection facility or through programs specifically provided by the franchisee or the county to collect household hazardous waste. No person shall knowingly deposit in any container any explosive, highly flammable, radioactive, toxic or other hazardous waste, nor shall any person knowingly deposit any such hazardous waste in a disposal site or solid waste facility unless such facility is permitted to handle or dispose of hazardous waste.

(Ord. No. 665C, § 1, 3-15-22).

No person shall deposit any excluded waste, or prohibited container contaminants, in a discarded materials container. The storage and disposal of excluded waste shall be subject to all applicable local, state, and federal laws.

(Ord. No. 665C, § 1, 3-15-22).

A.

No person other than an owner or occupant of any premises shall dispose of, place, or deposit discarded materials in containers stored on the premises without the express written permission of the owner or occupant. Except in connection with the collection and removal of franchise waste, and related activities authorized in this chapter, no person shall tamper with or interfere in any manner with any container or the contents thereof.

B.

No person shall by any means hinder, obstruct, prevent, or interfere with the collection or transport of franchise waste or discarded materials by an authorized franchisee, self-hauler, or other enterprise eligible to collect and transport franchise waste or discarded materials under this chapter.

(Ord. No. 665C, § 1, 3-15-22).

No person other than franchisees, employees of the county, or anyone as authorized in Section 7.24.106 of this chapter shall use the public streets, roads, alleys, ways, any watercourse or bank thereof, or places of the county for transporting solid waste, recyclable materials, yard waste, organic waste, C&D debris, bulky waste, or scrap materials without a valid and existing franchise. No franchise waste or self-hauled waste shall be transported over any public street, road, right-of-way, watercourse or bank thereof, or highway unless such waste is contained in watertight metal tanks or other receptacles such as tarped containers or tarped truck beds, which in all instances shall be equipped with close-fitting covers, except as otherwise authorized by the director of the department, and such covers shall be affixed to the tanks or other

receptacles in such a manner as to prevent the dropping, leaking, or spilling of any franchise waste or self- hauled waste upon the public right-of-way. The county or authorized designee may charge a fee at the disposal site for any load not properly covered or secured, and such fee shall be set by county resolution.

(Ord. No. 665C, § 1, 3-15-22).

A.

No franchise shall be issued under the provisions of this chapter unless there is at all times in force and effect, to provide protection against liability for damages which may be imposed for the negligence of the franchisee or its employees or agents, comprehensive general and comprehensive automobile liability insurance policy or policies approved by the county and issued by an insurance company authorized to do business in the state.

B.

Minimum Amounts of Insurance.

Commercial General Liability and Umbrella Liability Insurance: Franchisees shall maintain commercial general liability and, if necessary, commercial umbrella insurance with a limit of not less than ten million dollars each occurrence/ten million dollars in the annual aggregate. Limits may be provided in a "layered" program, by means of primary and umbrella policies. Business Auto and Umbrella Liability Insurance: Franchisees shall maintain business auto liability and, if necessary, commercial umbrella insurance with a limit not less than ten million dollars each accident. Limits may be provided in a "layered" program, by means of primary and umbrella policies.

Pollution Liability Insurance: Franchisees shall maintain pollution liability coverage with a limit of not less than three million dollars each occurrence/three million dollars in the general aggregate.

Workers' Compensation and Employer's Liability Insurance: Franchisees shall maintain workers' compensation insurance as required by the state and employer's liability insurance in the amount of one million dollars per accident for bodily injury or disease.

C.

Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:6 unless otherwise approved by county's risk manager.

D.

Franchisees shall name the county and its officers, agents and employees as additional insured on all insurance policies.

E.

Insurance, and any renewals thereof, shall be evidenced by certificates of insurance issued or countersigned by a duly authorized representative of the issuer and delivered to the county. The certificates of insurance shall require thirty days written notice to the county of cancellation, intent not to renew, or reduction in its coverage by the insurance company.

F.

All insurance policies shall provide that the insurers shall have no recourse against the county for payment of any premium or assessment and shall contain a severability of interest provision in regard to mutual coverage liability policies. The coverages provided by mutual coverage liability insurance policies required pursuant to this section shall be the primary source of any restitution or other recovery for any injuries to or death of persons or loss or damage to property incurred as a result of an action or inaction of the franchisee or its subcontractors, of their respective suppliers, employees, agents, representatives, or invitees, that fall within these coverages and also within the coverages of any liability insurance or self- insurance program maintained by the county.

(Ord. No. 665C, § 1, 3-15-22).

Annually, on October 31, each franchisee shall provide the county with three copies of annual financial statement for the fiscal year having ended on June 30. The annual financial statement shall be prepared in accordance with generally accepted accounting principles. In the event of failure to provide any such report, the county may employ a qualified accountant or the county auditor to prepare the report, and the franchisee in such case, shall be liable to pay the costs and expenses of the accountant or county auditor.

(Ord. No. 665C, § 1, 3-15-22).

Each franchisee shall establish and maintain an office within the county where service may be applied for and complaints made. Such office shall be equipped with a listed telephone to which calls from county residents may be placed without payment of toll charge, and shall have a sufficient number of office personnel to handle all service calls without delay between the hours of eight a.m. and five p.m. of each day except Saturdays, Sundays, and holidays.

(Ord. No. 665C, § 1, 3-15-22).

Each franchisee shall supply every owner served under its franchise printed information stating the types and amounts of franchise waste which will be collected, rates, regulations affecting collections, days of collections, recycling information, container information and complaint procedures. Such information shall be provided when service is initiated and shall be replaced in advance of any changes of collection days, rates, or regulations affecting collections.

(Ord. No. 665C, § 1, 3-15-22).

A.

Solid Waste. Each franchisee shall transport all solid waste collected pursuant to its franchise to the designated disposal facility, unless otherwise directed or approved by the county.

B.

Recyclable Materials. Each franchisee shall transport all recyclable materials and yard waste collected pursuant to its franchise to the designated disposal facility or to the designated recycling facility, unless otherwise approved by the county.

C.

Franchisees providing organic waste collection services to generators within the county's boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the county to collect organic waste:

Identify the facilities to which organic waste will be transported.

Transport source separated organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.

(Ord. No. 665C, § 1, 3-15-22).

A.

Disposal Location. 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 franchisee in writing of any changes in or additions to the designated disposal facility. The franchisee shall dispose of all solid waste which it collects at the designated disposal facility in accordance with the requirements of applicable law, and shall comply with the requirements, rules and regulations of the owner or operator of the designated disposal facility.

B.

Disposal Records. Each franchisee shall keep and maintain such logs, records, manifests, bills of lading or other documents as the county may deem to be necessary or appropriate to confirm compliance by the franchisee with its franchise and shall retain all weight slips or other call information provided to the franchisee's drivers by the owner or operator of the designated disposal facility.

C.

Payment of Disposal Fees. The franchisee shall pay all tipping fees and other disposal charges imposed by the owner or operator of the designated disposal facility for the disposal of solid waste at the time and in the manner required by the owner or operator of the designated disposal facility.

(Ord. No. 665C, § 1, 3-15-22).

A.

Recycling Location. The county shall have the right to approve any change in the designated recycling facility. The franchisee shall dispose of all recyclable materials and yard waste collected pursuant to its franchise at the designated disposal facility or at the designated recycling facility in accordance with applicable law.

B.

Recycling Records. Each franchisee shall keep and maintain such logs, records, manifests, bills of lading or other documents as the county may deem to be necessary or appropriate to confirm compliance by the franchisee with its franchise and shall retain all weight slips or other call information regarding recyclable materials and yard waste. The county shall have the right to review the records of the designated recycling facility, to periodically inspect the designated recycling facility and to confirm the calibration of the scales at the designated recycling facility as required by applicable law.

C.

Recycling Information. The franchisee shall furnish the county with monthly and annual reports setting forth all information required under the Act or otherwise by the county pertaining to the recycling and diversion of franchise waste which is collected by the franchisee. The report shall be prepared in the form required by the Act, and shall categorize recycling activity in the manner required by the Act.

D.

Diversion. Unless otherwise agreed to in writing by the county, all diversion credits for the diversion of recyclable materials or yard waste shall go towards the county's requirements for diversion as required by applicable law. Unless otherwise agreed to in writing by the county, in the event that any monetizable credits or benefits become available in the future in connection with the diversion of recyclable materials or yard waste, the county shall have the right to all such credits or benefits.

E.

Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon county request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the county shall respond within sixty days.

F.

Community composting operators, upon county request, shall provide an estimate of the amount of organic waste anticipated to be handled at the community composting operation.

(Ord. No. 665C, § 1, 3-15-22).

A.

Obligation to Provide Assets. Each franchisee shall acquire and maintain at its own cost and expense franchisee operating assets which in number, nature and capacity, shall be sufficient to enable the franchisee to provide the franchise services in accordance with the terms of its franchise.

B.

Vehicle and Equipment Identification. The franchisee's name, phone number and vehicle or equipment number shall be visibly displayed on both sides of its collection vehicles or other collection equipment used by the franchisee.

C.

Vehicle Specifications, Maintenance and Appearance. All collection vehicles used by the franchisee in providing the franchise services shall be registered with the Department of Motor Vehicles of the State of California, shall be approved by the county, shall be kept clean and in good repair, and shall be uniformly painted. Collection vehicles used to collect or transport franchise waste shall be kept covered at all times except when such material is actually being loaded or unloaded or when the collection vehicles are moving along a collection route in the course of collection. Any cover or screen shall be so constructed and used that franchise waste shall not blow, fall or leak out of the vehicle onto the street. In addition, the franchisee shall have "BIT" inspections conducted by the California Highway Patrol biannually and shall provide the results of such inspection to the county within ten days of receipt.

D.

Inventory of Operating Assets. The franchisee shall furnish the county with an inventory of franchisee operating assets used by the franchisee to provide franchise services under its franchise, and shall update the inventory so provided at least annually. Such inventory shall indicate the type, capacity and location of each vehicle and of each piece of equipment, and the date of acquisition and disposition.

E.

Inspection Rights of the County. The county may inspect or cause to be inspected the franchisee operating assets to determine whether such assets are in compliance with the franchise and with this chapter.

(Ord. No. 665C, § 1, 3-15-22).

A.

The franchisee shall pay all taxes lawfully levied or assessed upon or in respect of the franchisee operating assets or the franchise services, or upon any part thereof or upon any revenues of the franchisee therefrom, and provide and pay the cost of all utilities necessary for the operation of the franchisee operating assets and the provision of the franchise services, when the same shall become due.

B.

The franchise may create a possessory interest subject to taxation and in such a case, the franchisee shall pay any possessory interest taxes levied on such interest, and shall expressly indemnify the county from liability for payment of such taxes.

(Ord. No. 665C, § 1, 3-15-22).

A.

Certifications to be Provided. Within thirty days after the end of each franchise year, each franchisee shall certify the following information to the county:

A list of all residential premises and commercial premises in the county and the classification of service each premises receives has been provided to the county;

All changes in the classification of service requested by owners that have been approved by the county;

All rates to be charged for special services have been provided to the county and all required county approvals have been obtained;

All rates to be charged for roll-off service have been provided to the county and all required county approvals have been obtained;

The current baseline routing and collection system has been provided to the county in accordance with Section 7.24.109;

The current route books and maps have been provided to the county in accordance with Section 7.24.109;

All logs, records, manifests, bills of lading or other documents have been maintained in accordance with this chapter;

The county has received all credits derived from the sale or barter of recyclable materials in accordance with Section 7.24.124;

All unprofitable recyclable materials marketed or disposed of by the franchisee have been transferred to the secondary materials market and have been landfill diverted;

The current inventory of franchisee operating assets has been provided to the county in accordance with Section 7.24.125;

Insurance has been maintained in accordance with Section 7.24.118;

A record of all service and billing complaints received by the franchisee has been maintained;

All annual financial statements of the franchisee have been provided to the county in accordance with Section 7.24.119;

All recycling information has been provided to the county in accordance with Section 7.24.124; and

The consent of the county has been received for all subcontractors utilized for the performance of the franchise services in accordance with Section 7.24.128.

B.

Failure to Certify. If the franchisee is unable to provide any of the certifications requested in subsection A of this section within thirty days after the end of any franchise year, the franchisee shall identify such certifications to the county with a reasonable explanation for the delay. The franchisee shall provide these specifically identified certifications to the county within a reasonable period of time thereafter, not to exceed sixty days.

(Ord. No. 665C, § 1, 3-15-22).

Franchisees shall not utilize any subcontractors for the performance of the franchise services except with the written consent of the county, which may be withheld or delayed in its sole and absolute discretion.

(Ord. No. 665C, § 1, 3-15-22).

The franchisee shall not assign, transfer, convey, lease, encumber or otherwise dispose of its franchise, its right to execute the same, or its right, title or interest in all or any part of its franchise or any monies due whatsoever, whether legally or equitably, nor shall the franchisee merge, transfer stock, transfer assets, be acquired or reorganized in such a manner that control of the franchisee is materially changed, without the prior written consent of the county. Any such approval given in one instance shall not relieve the franchisee of its obligation to obtain the prior written approval of the county to any further assignment. Any assignment of a franchise which is approved by the county shall require the assignee of the franchisee to assume the performance of and observe all obligations, representations and warranties of the franchisee under its franchise. The approval of any assignment, transfer or conveyance shall not operate to release the franchisee in any way from any of its obligations under its franchise unless such approval specifically provides otherwise.

(Ord. No. 665C, § 1, 3-15-22).

It shall be the duty of every owner, manager, or person in possession, charge or control of any boardinghouse, restaurant, hotel, apartment or eating house or any commercial food handling establishment; such as markets, fruit stands, grocery stores or vacant lots and of every person occupying, or owning a dwelling within the unincorporated areas of the county to keep the premises in his control in a sanitary condition which means that all parts thereof are free and clean of any accumulation of solid waste, bulky waste, recyclable materials, scrap materials, rubbish, combustible or noncombustible refuse, or garbage, to the satisfaction of the health officer.

(Ord. No. 665C, § 1, 3-15-22).

A.

It is unlawful and an infraction for any person or persons to place, deposit or dump or cause to be placed, deposited or dumped upon the right-of-way of any public highway, street, thoroughfare or upon any camping place or public grounds or on any premises or into any lake, stream, canal, irrigation ditch, waterway, dry water course or any other body of water within the unincorporated areas of the county, any solid waste, source separated organic waste, bulky waste, construction and demolition waste, designated waste, hazardous waste, liquid waste, medical waste, qualified household hazardous waste, recyclable materials, scrap materials, self-hauled waste, or yard waste as defined in this chapter, except at applicable designated disposal facilities or designated recycling facilities.

B.

Any person who, in the unincorporated areas of the county, deposits, causes to be deposited or permits the deposit of any waste matter in or upon any public highway or road including any portion of the right-of- way thereof, or upon any private road or other private property without the consent of the owner, or in or upon any public park or other public property other than at designated disposal facilities or designated recycling facilities, or in or adjacent to any lake, stream, canal, irrigation ditch, waterway, dry water course or any other body of water, shall be liable for all costs to clean up or remove such waste material. The failure or refusal to clean up or remove such waste matter upon notification is a violation of this section. Each day that waste is deposited and remains in violation of this section and remains after notice, shall be considered a separate violation. If the waste matter is not removed or cleaned up after notice has been given and the code enforcement officer determines that the public interest requires immediate clean up or removal, the code enforcement officer may, without further notice, cause such removal or clean up. The person responsible for deposit of the waste matter shall be liable for all costs of such removal or clean up.

C.

If the code enforcement officer cleans up or removes the waste matter pursuant to this section, the code enforcement officer shall cause a bill for all costs of clean up, removal and abatement to be mailed, first class mail and certified mail, postage prepaid, to the last known address of the person or persons responsible for the deposit of such waste matter. Payment in full is due thirty days after the date of the bill.

D.

Any person failing to pay on or before thirty days from the date of the bill shall pay a delinquency penalty of ten percent of the amount of the bill in addition to the amount of the bill. In addition to the penalties imposed, any person who fails to remit payments imposed by this section shall pay interest at the rate of one-half of one percent per month or fraction thereof on the amount of the bill, exclusive of penalties, from the date on which the bill first became delinquent until the date paid.

E.

Nothing in this Section 7.24.131 shall be deemed to create an exception to any other law, rule or regulation which prohibits or otherwise regulates the dumping and/or clean-up of refuse on private property.

(Ord. No. 665C, § 1, 3-15-22).

A.

Except as otherwise provided in a franchise agreement, the county in its sole and absolute discretion shall have the right to designate any site or facility or facilities for the disposal of solid waste.

B.

No private disposal site shall be operated within Madera County without a permit issued by the county. Any proposal for a refuse disposal site shall be referred to the county for review and consideration.

(Ord. No. 665C, § 1, 3-15-22).

A.

The county in its sole and absolute discretion shall have the right to designate any site or facility or facilities for the disposal of recyclable materials, organic waste, and yard waste.

B.

No private recycling site or facility shall be operated with Madera County without a permit issued by the county. Any proposal for a private recycling site or facility shall be referred to the county for review and consideration.

(Ord. No. 665C, § 1, 3-15-22).

Designated disposal facilities operated by the County of Madera may accept solid waste originating outside the boundaries of Madera County which is suitable for deposit in accordance with the terms of applicable permits.

(Ord. No. 665C, § 1, 3-15-22).

No person, persons, firm, corporation or political subdivision shall deposit any hazardous waste on, in or at any approved disposal facility or any other public or private property without first obtaining permission to do so from the health officer.

(Ord. No. 665C, § 1, 3-15-22).

Any occupant, owner, renter, lessee, resident or any other person or persons allowing or permitting any solid waste, source separate organic waste, bulky waste, construction and demolition waste, designated waste, hazardous waste, liquid waste, medical waste, qualified household hazardous waste, recyclable materials, scrap materials, self-hauled waste, or yard waste, as defined in Section 7.24.101, to be placed in such a manner as to become or may become a nuisance or a health, safety or fire hazard shall be given notice to abate same and remove said material within forty-eight hours to a designated disposal facility or designated recycling facility.

(Ord. No. 665C, § 1, 3-15-22).

In the event of suspension or termination of a franchise pursuant to Section 7.24.138, the county shall have the right to take possession of, or assume the contractual rights to all collection vehicles and other franchisee operating assets for the purpose of performing its franchise services and other related duties. The county shall have the right to retain possession of such collection vehicles and franchisee operating assets until other suitable collection vehicles and franchisee operating assets can be purchased or

otherwise acquired by the county for such purpose. The county shall pay the franchisee a reasonable rental for the use of such collection vehicles and franchisee operating assets.

(Ord. No. 665C, § 1, 3-15-22).

The franchise agreement between the county and the franchisee shall provide for termination rights in the event that the franchise agreement is breached.

(Ord. No. 665C, § 1, 3-15-22).

The county may, in its sole discretion, require a franchisee to furnish to the county on an annual basis a performance bond in an amount to be determined by the county. The performance bond shall secure performance of the franchisee's obligations, shall be renewed every year during the term of the franchise in an amount as agreed upon by the parties (and if no such agreement is needed, in the amount of the bond for the previous year), and shall remain in effect for ninety days following the expiration of the franchise agreement. The surety issuing the performance bond shall be acceptable to the county, and limited to those companies authorized to transact business in the state, having a resident agent in the state and meeting the following requirements and/or limits: Surety shall be rated "A" as to management and "FSC XV" or better as to the strength by Best's Insurance Guide.

(Ord. No. 665C, § 1, 3-15-22).

Except as authorized in Section 7.24.146 herein, the penalty for any violation of this chapter shall be as prescribed by Chapter 1.12 of the county code, except that nothing in this chapter shall be deemed to prohibit, restrict or limit any legal, equitable, or summary remedy to which the county or other political subdivision, or any person may be otherwise entitled, and the county may use any available method authorized in the county code, state law, or federal law to enforce the provisions of this chapter.

(Ord. No. 665C, § 1, 3-15-22).

Any violation of the provisions of this chapter shall constitute a nuisance. The remedy to abate the nuisance shall be according to Chapter 7.20 of the county code, and shall be in addition to any other remedy provided by this chapter, the county code, or state or federal law.

(Ord. No. 665C, § 1, 3-15-22).

A.

In addition to any other remedy provided by law, including Section 7.24.146 herein or any other provisions of the county code, any authorized government official may order compliance with any provision of this

chapter; such order shall prescribe the time for compliance and shall be served personally or by certified mail upon any person, owner, occupant, lessee, or tenant violating the provisions of this chapter.

B.

If said person does not comply within the time as specified by order of the authorized government official, then the county may proceed to file an action in the superior court for the County of Madera for appropriate remedy to command performance of said provision or punishment for failure to comply as prescribed by the court.

(Ord. No. 665C, § 1, 3-15-22).

A franchisee 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 engaged in the business of collecting or disposing of franchise waste within the unincorporated area of the county, who by virtue of such enterprise is infringing upon the exclusive franchise area assigned exclusively to the franchisee by this chapter and through an applicable franchise agreement.

(Ord. No. 665C, § 1, 3-15-22).

A.

Tier One commercial edible food generators must comply with the requirements of this Section 9 commencing January 1, 2022, and Tier Two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

B.

Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.

C.

Commercial edible food generators shall comply with the following requirements:

Arrange to recover the maximum amount of edible food that would otherwise be disposed.

Contract with, or enter into a written agreement with food recovery organizations or food recovery services for: (i) the collection of edible food for food recovery; or (ii) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

Allow county's enforcement official to access the premises and review records pursuant to 14 CCR Section 18991.4.

Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:

a.

A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).

b.

A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).

c.

A record of the following information for each of those food recovery services or food recovery organizations:

i.

The name, address and contact information of the food recovery service or food recovery organization.

ii.

The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.

iii.

The established frequency that food will be collected or self-hauled.

iv.

The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.

D.

Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of

California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

(Ord. No. 665C, § 1, 3-15-22).

A.

Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):

The name, address, and contact information for each commercial edible food generator from which the service collects edible food.

The quantity in pounds of edible food collected from each commercial edible food generator per month.

The quantity in pounds of edible food transported to each food recovery organization per month.

The name, address, and contact information for each food recovery organization to which the food recovery service transports edible food for food recovery.

B.

Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.

The quantity in pounds of edible food received from each commercial edible food generator per month.

The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.

C.

Food recovery organizations and food recovery services that have their primary address physically located in the jurisdiction and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the jurisdiction it is located in the total pounds of edible food recovered in the previous calendar year from the Tier One and Tier Two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than December 31, 2013.

D.

Food Recovery Capacity Planning.

Food Recovery Services and Food Recovery Organizations. In order to support edible food recovery capacity planning assessments or other studies conducted by the county or its designated entity, food recovery services and food recovery organizations operating in the county shall provide information and consultation to the county, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the county and its commercial edible food generators. A food recovery service or food recovery organization contacted by the county shall respond to such request for information within sixty days.

(Ord. No. 665C, § 1, 3-15-22).

A.

General Requirements.

The county enforcement official shall be the primary enforcement officer for the enforcement of the provisions of this chapter.

Pursuant to the procedures set forth in Penal Code Sections 836.5 and 853.6, any county enforcement official is authorized and empowered to enforce those Penal Code provisions prohibiting littering and unauthorized dumping of waste matter.

B.

SB 1383 Inspection Authorization.

Any county enforcement official is authorized, in accordance with applicable laws, to conduct inspections and investigations, at random or otherwise, or any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter by organic waste generators, commercial businesses (including multi- family residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not authorize the county enforcement official to enter the interior of a private residential property for inspection without authorized consent or a lawful warrant.

Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the county enforcement official's employee or its designated entity/designee during such inspections and investigations.

Any records obtained by the county during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of a Public Records Act as set forth in Government Code Section 6250 et seq.

C.

SB 1383 Inspection Requirements.

Beginning January 1, 2022, and at least annually thereafter, the county shall complete a compliance review of all solid waste collection accounts for commercial businesses that are subject to its authority and that generate two cubic yards or more per week of solid waste, including organic waste.

a.

The county shall also determine compliance with organic waste generator requirements set forth in 14 CCR Section 18984.9(a) and self-haul requirements set forth in Section 18988.3.

b.

Beginning April 1, 2022, the county shall either conduct annual route reviews or waste evaluations consistent with 14 CCR Section 18984.5(c).

Beginning January 1, 2022, investigate complaints as required under 14 CCR Section 18995.3.

Beginning January 1, 2022, and until no earlier than December 31, 2023, the county shall provide educational material describing the applicable requirements of this chapter in response to violations.

Beginning January 1, 2024, the county may enforce the requirements of this chapter pursuant to 14 CCR Sections 18995.4 and 18997.2 in response to violations.

At least every five years from the date of issuance, verify through inspection that commercial businesses are meeting on-site or community composting, de minimis, physical space, collection frequency, and self- hauler waivers for compliance consistent with the requirements of 14 CCR Section 18984.11.

D.

SB 1383 Enforcement.

General.

a.

Violation of any provision Section 7.24.107 in this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by the county agency enforcement official or representative. Enforcement may also be undertaken by the county agency enforcement official, designated by the county.

b.

Other remedies allowed by law may be used, including civil action or prosecution as a misdemeanor or infraction.

Process for Enforcement.

a.

County enforcement official will monitor compliance with the chapter randomly through compliance reviews, route reviews, investigation of complaints, and an inspection program.

b.

For instances of prohibited container contaminants found in containers, the county will issue a notice of violation to any generator found to have prohibited container contaminants in a container. Such notice will be provided via a cart tag of other communication immediately upon identification of the prohibited container contaminants or within fourteen days after determining that a violation has occurred. If the county observes prohibited container contaminants in a generator's containers on more than five consecutive occasion(s), the county may assess contamination processing fees or penalties on the generator.

c.

With the exception of violations of generator contamination of container contents, the county shall issue a notice of violation requiring compliance within sixty days of issuance of the notice.

d.

Absent compliance by the respondent within the deadline set forth in the notice of violation, the county shall commence an action to impose penalties, via an administrative citation and fine, pursuant to this chapter.

e.

Notices shall be sent to the owner at the official address of the owner maintained by the tax collector for the county or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, depending on available information.

Penalty Amounts for Types of Violations.

a.

For a first violation, the amount of the base penalty shall be fifty dollars to one hundred dollars per violation.

b.

For a second violation, the amount of the base penalty shall be one hundred dollars to two hundred dollars per violation.

c.

For a third or subsequent violation, the amount of the base penalty shall be two hundred fifty dollars to five hundred dollars per violation.

Factors Considered in Determining Penalty Amount.

a.

The nature, circumstances, and severity of the violation(s).

b.

The violator's ability to pay.

c.

The willfulness of the violator's misconduct.

d.

Whether the violator took measures to avoid or mitigate violations of this chapter.

e.

Evidence of any economic benefit resulting from the violation(s).

f.

The deterrent effect of the penalty on the violator.

g.

Whether the violation(s) were due to conditions outside the control of the violator.

Compliance Deadline Extension Considerations.

a.

The county may extend the compliance deadlines set forth in a notice of violation issued in accordance with this chapter if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

i.

Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;

ii.

Delays in obtaining discretionary permits or other government agency approvals; or

iii.

Deficiencies in organic waste recycling infrastructure and the County is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

Education Period for Non-Compliance.

a.

Beginning January 1, 2022 and through December 31, 2023, the county will conduct inspections, route reviews or waste evaluations, and compliance reviews, to determine compliance, and if the county determines the entity is not in compliance it shall provide education materials to the entity describing its obligations under this chapter and a notice that compliance is required by January 1, 2022 and that violations may be subject to administrative civil penalties starting on January 1, 2024.

(Ord. No. 665C, § 1, 3-15-22).

If any clause, provision, sentence, paragraph, section, or article of the ordinance codified in this chapter, or the application thereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect the validity of the other provisions of this chapter which shall still remain in full force and effect and, to this end, the provisions of this chapter are declared severable.

(Ord. No. 665C, § 1, 3-15-22).