McFarland Municipal Code Ch. 8.13 Landfill Gate Fees

"Bin" means any container, including cans, that may contain up to four cubic yards of material, used by any nonresidential establishment to hold solid waste until it is collected by a hauler.

"City" means the city of McFarland.

"County" means the county of Kern.

"Demolition waste" or "construction waste" means the nonhazardous waste building materials, packaging and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses, commercial buildings and other structures.

"Department" means the Kern County waste management department.

"Director" means the director of the waste management department, or a designee authorized by the director.

"Franchise hauler" means those persons granted a garbage collection franchise by the city.

"Gate attendant" means a Kern County employee that is assigned to staff a gate house at a county waste facility and to collect gate fees.

"Gate fee" means a Kern County solid waste management program service charge, charged for all nonresidential waste brought to a county waste facility and which shall include bin disposal fees.

"Green waste" means any nonhazardous wastes which are derived from plant material, including but not limited to leaves, grass clippings, weeds, tree trimmings, untreated wood waste or shrubbery cuttings.

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

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

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

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

"Municipal solid waste" means a mixture of solid waste that includes general refuse, garbage, paper, glass, cardboard, plastic, metal and/or green waste from residential and commercial sources.

"Nonresidential waste" is any solid waste that was not directly generated on residential property within the city. Demolition or construction waste generated on residential property is considered to be nonresidential waste. Non-residential waste includes all tires, commercial, industrial, institutional, construction, demolition and agricultural waste.

"Person" means an individual, association, co-partnership, joint venture or any other entity whatsoever.

"Residential waste" means solid waste that is generated on residential property within the city and does not include tires, demolition waste or construction waste.

"Solid waste" means all nonhazardous putrescible and nonputrescible solid and semi-solid waste such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliance, vegetable or animal solid and semi-solid wastes.

"Waste facility" means:

1. Facilities used to receive, temporarily store, separate, convert or otherwise process the materials in solid waste or transfer solid waste directly from smaller to larger vehicles for transport; and

2. Solid waste disposal sites which are Class III Disposal Sites in accordance with the meaning prescribed by Article 2, Subchapter 15, Chapter 3, Title 23 of the California Code of Regulations (commencing with Section 2510) as amended from time to time.

(Ord. 266 §2(part), 1993)

This chapter shall apply to all the area currently within the city limits of McFarland and to such area as may hereafter be added to the city limits.

(Ord. 266 §2(part), 1993)

A. All persons disposing or causing the disposal of nonresidential waste at county waste facilities shall pay the gate fees required by this chapter unless specifically exempted by this chapter. Gate fees may be paid in cash at county waste facilities or as designated by the director and approved by the city.

B. The special fees set forth in this chapter for disposing of waste that requires county personnel to oversee disposal operations, for the disposal of tires and dead animals, and for checks returned to the county without payment for any reason shall be charged regardless of whether the waste being disposed of is residential or nonresidential waste. In addition demolition or construction waste will be charged a gate fee regardless of its source of origin.

C. The basis for computing gate fees shall be either the actual weight of the solid waste being disposed as measured by a scale, the estimated weight of the solid waste being disposed based on the type of material and its volume in cubic yards, the type of vehicle hauling the solid waste being disposed, the number of units being disposed and/or the special nature of the load.

(Ord. 266 §2(part), 1993)

A. A bin disposal fee shall be charged for all nonresidential waste bins that are collected by any franchise hauler or city for disposal at a county waste facility.

B. The bin disposal fee shall be based on the basic per ton gate fee for nonresidential waste and shall be calculated using the following formula: The basic per ton gate fee for nonresidential waste, divided by two thousand pounds equals the fee per pound. The fee per pound, multiplied by the average weight in pounds of a cubic yard of municipal solid waste found in bins, equals the bin disposal fee per cubic yard. The bin disposal fee per cubic yard multiplied by the capacity of a bin, equals the total bin disposal fee per time the bin is collected by a hauler.

C. The average weight of a cubic yard of municipal solid waste from nonresidential waste bins shall be confirmed by the department by performing waste volume/weight studies, at least once per year. The department shall report the results of the waste basis and shall recommend modifications to the bin disposal fee as may be appropriate.

D. Each franchise hauler shall maintain adequate and accurate records of the number of nonresidential waste bins, the number of times each nonresidential waste bin has been collected for each nonresidential customer served by the franchise hauler or city.

E. Each franchise hauler shall prepare a nonresidential bin report and forward a copy of the report to the director within five working days of producing monthly invoices or statements for bin collection services rendered by the franchise hauler or city. The director may approve extensions granting franchise haulers or cities additional time to prepare or forward their nonresidential bin reports. The information in the nonresidential bin reports shall match the information that appears on the franchise hauler's and city's invoices or statements and any information required in the bin reports may be audited by the department. The nonresidential bin reports should list, at a minimum, the number of nonresidential bins billed to each nonresidential account, the bin volume (in cubic yards), the number of times each bin was collected in the billing period, and such information as may be required by the director. Nonresidential bin reports shall be reviewed by department accounting staff to confirm that the rates charged by each franchise hauler and city are in compliance with this chapter and all other applicable city and county ordinances, resolutions, regulations and rules. The number of reported cubic yards shall be used by the department to calculate the amount of the bin disposal fee the county will receive from each franchise hauler.

F. Each franchise hauler shall calculate the amount owed by each nonresidential customer for the bin disposal fee for the franchise hauler's or city's current billing period and shall include that bin disposal fee, in a separate line, or column, on the invoice or statement sent to each nonresidential customer for that billing period. Any franchise hauler's invoice or statement for a bin disposal fee shall become delinquent sixty days after it is due.

G. Each franchise hauler shall forward all moneys received from the billing of the bin disposal fees to the director within thirty-five days from the date that appears on the invoices or statements sent by that franchise hauler to its customers with bins.

H. Each franchise hauler shall maintain a fidelity bond covering each of that franchise hauler's employees who has the responsibility or power to handle any bin disposal fees which are to be paid by that franchise hauler to the county pursuant to this chapter. Any such fidelity bond must be approved by the director as to form and content. In addition, any such fidelity bond shall be executed by an admitted surety with a Best's rating of no less than B+. The limit of each such fidelity bond shall be in an amount to be approved by the director and this amount shall not be less than the average monthly amount of bin disposal fees collected by the franchise hauler maintaining this fidelity bond. Each such fidelity bond shall name the city and the county as additional named insured. Each such fidelity bond shall also contain an endorsement providing that the coverage of the fidelity bond shall not be reduced nor shall the fidelity bond be canceled until thirty days after county and city has received notice of any such cancellation or reduction. Each franchise hauler shall file a copy of the required fidelity bond with the department prior to initiating any collection of bin disposal fees.

I. The franchise hauler's actual and reasonable administration costs to comply with the foregoing provisions of this section, including but not limited to, the costs of obtaining the required fidelity bond, shall be considered by the city in the process of setting of the franchise hauler's rates.

(Ord. 266 §2(part), 1993)

It is unlawful for any person to dispose of nonresidential waste at a county waste facility where there is no gate attendant to collect the gate fee, unless that person has obtained a permit to do so from the department. The department may grant a permit to dispose of nonresidential waste at a county waste facility where there is no gate attendant upon the showing of good cause for such a permit and the payment of the gate fee for the type and amount of nonresidential waste intended to be disposed.

(Ord. 266 §2(part), 1993)

A. If a county waste facility is equipped with a county operated green waste recycling facility, or if any green waste recycling facility is in the area, all loads containing clean green waste which is not mixed with other types of waste shall be directed to the green waste recycling facility. At county operated green waste recycling facilities, there shall be no charge for the disposal of loads of clean residential green waste and loads of clean commercial green waste shall be charged at the rates specified in the schedule of gate fees in Section 8.13.085.

B. Loads of green waste mixed with other materials shall be considered to be municipal solid waste, may not be disposed at county green waste recycling facilities and shall be subject to the same gate fees applied to solid waste being disposed at county waste facilities.

(Ord. 266 §2(part), 1993)

The director may charge an hourly fee, in the amount set forth in Section 8.13.085 below for services performed by the personnel of the department that are necessary to investigate unlawful dumping, to oversee disposal operations at county waste facilities for health, safety or operational reasons, at the discretion of the director, or to give consultation services as requested. This hourly fee shall be charged in addition to any other applicable county fees including, but not limited to, solid waste management program service charges, gate fees, bin disposal fees or permit fees.

(Ord. 266 §2(part), 1993)

A. The director may, upon written request made at least one week in advance, authorize the disposal of municipal solid waste at county waste facilities without the payment of the gate fees required by this chapter; provided, that the municipal solid waste is collected by youth groups, civic groups or cities as part of an anti-litter cleanup activity.

B. Youth groups, civic groups or cities for whom the director authorizes the disposal of municipal solid waste without the payment of gate fees are prohibited from disposing any recyclable materials with the municipal solid waste which has been allowed to be disposed at county waste facilities without payment.

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

(Ord. 266 §2(part), 1993)

A. It is unlawful for any person to misidentify deliberately or make misrepresentations to a gate attendant regarding the type of wastes contained in a load or the source of origin of the waste in a load brought to any county waste facility for disposal or to conceal from a gate attendant the type of waste contained in a load or the source of origin of the waste in a load brought to any county waste facility for disposal.

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

(Ord. 266 §2(part), 1993)

In order to preserve the limited landfill capacity in county which has been reserved for in-county uses, solid waste originating outside county shall not be accepted at county waste facilities and no person shall transport refuse from outside county to county waste facilities except by the express order of the board of supervisors. However, the board of supervisors may agree to accept solid waste originating outside county at county waste facilities on such terms and conditions as it may approve.

(Ord. 266 §2(part), 1993)

The board of supervisors or the city council shall establish rules and regulations relating to solid waste disposal and related revenue collection. A copy of these rule and regulations shall be available for inspection by the public at each county waste facility and at the department.

(Ord. 266 §2(part), 1993)

It is unlawful for any person to carry out any action which causes damage to a scale located at a county waste facility, including, but not limited to, driving a vehicle with excessive speed onto or over a scale, making sudden starts or stops while on a scale, and pumping the brakes of a vehicle while on a scale. Any act or violation of the provisions of this section is an infraction and shall be punished as provided in Section 1.20.010 of the McFarland Municipal Code.

(Ord. 266 §2(part), 1993)

Written notice required by this ordinance shall be sufficient if it is served as follows:

A. By personal delivery. Service in this manner shall be deemed complete at the time of such delivery; or

B. By posting a copy of the notice in a conspicuous place on the door or near the doorway of the main entryway of the premises of the person receiving the notice, or by mailing a copy of the notice by first-class United States mail to the last known address of the person to be served. Service in this manner shall be deemed complete seventy-two hours after such posting or mailing has been accomplished.

C. Actual notice shall be deemed sufficient service of any notice required by this chapter.

(Ord. 266 §2(part), 1993)

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

(Ord. 266 §2(part), 1993)

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

(Ord. 266 §2(part), 1993)

A. The basic per ton gate fee for nonresidential solid waste, excluding tires and clean nonresidential green/wood waste, is twenty-nine dollars per ton.

B. At county solid waste facilities equipped with scales and weighing devices capable of determining the weight of material deposited at the facility, persons shall be charged the following gate fees:

C. At county waste facilities not equipped with scales or weighing devices, or at facilities equipped with weighing devices that are not operational, persons shall be charged the following gate fees:

For large vehicles, trailers or roll-off boxes containing nonresidential solid waste, the gate attendant will estimate the cubic yard volume of the material in the vehicle, trailer or roll-off box and convert the cubic yard volume to an estimate of the weight of that material, using a material type/weight conversion table. After the volume has been converted to a weight, the basic twenty-nine-dollar per ton gate fee for nonresidential solid waste will be applied.

D. A green waste fee will apply only to county operated green waste recycling facilities.

If the green waste facility is not equipped with scales or the scales are inoperable, the cubic yard volume of the clean, nonresidential green/wood waste will be converted to weight based on a material type/weight conversion table, and the fifteen-dollar per ton green/wood waste fee will be applied.

E. All tires, whether from residential or nonresidential sources will be charged the following fees to offset the costs of county's waste tire diversion program.

G. The following special fees shall be charged, in addition to the normal gate fee, regardless of whether the source of the waste is residential or nonresidential and in addition to any other fees that may apply:

(Ord. 266 §2(part), 1993)

If any portion of this chapter is held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this chapter.

(Ord. 266 §2(part), 1993)

A. Each franchise hauler shall calculate the amount owed by each nonresidential customer for the bin disposal fee for the franchise hauler's or city's current billing period and shall include that bin disposal fee, in a separate line, or column, on the invoice or statement sent to each nonresidential customer for that billing period. Any franchise hauler's invoice or statement for a bin disposal fee shall become delinquent sixty days after it is due. Persons with delinquent bin disposal fees shall be charged a penalty in the amount of one and one-half percent of the delinquent amount per month.

B. The director may charge an hourly fee, in the amount set forth in the schedule of gate fees already listed in Section 8.13.085, for services performed by the personnel of the department that are necessary to investigate unlawful dumping, to oversee disposal operations at county waste facilities for health, safety or operational reasons, at the discretion of the director, or to give consultation services as requested. This hourly fee shall be charged in addition to any other applicable county fees including, but not limited to solid waste management program service charges, gate fees, bin disposal fees or permit fees. All fees for services billed at the hourly rate shall be billed within ninety days of the service rendered and are due as of the date of billing and shall be paid within thirty days of the billing date. Any county invoice for hourly fees for services shall become delinquent thirty days after it is due. Persons with delinquent hourly fees shall be charged a penalty in the amount of one and one-half percent of the delinquent amount per month.

C. It is unlawful for any person to misidentify deliberately or make misrepresentations to a gate attendant regarding the type of wastes contained in a load or the source of origin of the waste in a load brought to any county waste facility for disposal or to conceal from a gate attendant the type of waste contained in a load or the source of origin of the waste in a load brought to a county waste facility for disposal. Any act or violation of the provisions of this subsection shall be an infraction and shall be punished as provided in Section 1.20.010 of the McFarland Municipal Code. The director is responsible for enforcing the provisions of this subsection and may issue a citation to a person committing an act or omission which is in violation of this subsection. In the event that misidentified wastes have been disposed at a county waste facility, the responsible party shall pay the full cost of any required cleanup, remediation or location of the waste, in addition to the full gate fee for the misidentified waste.

D. It is unlawful for any person to carry out any action which causes damage to a scale located at a county waste facility, including, but not limited to, driving a vehicle with excessive speed onto or over a scale, making sudden starts or stops while on a scale, and pumping the breaks of a vehicle while on a scale. Any act or violation of the provisions of this subsection is an infraction and shall be punished as provided in Section 1.20.010 of the McFarland Municipal Code. The director is responsible for enforcing the provisions of this subsection and may issue a citation to a person committing an act which is in violation of this subsection.

(Ord. 266 §2(part), 1993)