Mendocino County Municipal Code Ch. 9A.12 Collection Franchises

No person shall collect, transport or use refuse or recyclables in the unincorporated area of the County without first receiving a franchise to engage in such activity. However, the provisions of this Section shall not apply to any person or a cooperative of persons transporting refuse or recyclables without compensation from his/her/their own premises as provided in this Title. A person(s) engaged in collecting and transporting segregated industrial refuse which is not being disposed of at a disposal site, and home and business maintenance services including landscape services are excluded from this provision.

(Ord. No. 4506, § 2, 6-7-2022)

(A) A franchise hauler shall not assign, subcontract or otherwise delegate authority to perform any portion of the franchise agreement, unless to a subsidiary wholly owned by the franchise hauler, without the express written consent of the County, which shall not be unreasonably withheld.

In the event of any assignment duly authorized by the County, the assignee shall assume responsibility and liability of the franchise hauler.

(B) No sale, gift or transfer of stock of a franchise hauler which shall result in change in control of franchise hauler during the term of a franchise agreement shall be made without prior written approval of the Board, which shall not be unreasonably withheld.

(C) A violation of the provisions of this Section shall be a material breach of a franchise agreement and grounds for termination by County.

(Ord. No. 4506, § 2, 6-7-2022)

Through the issuance of franchise agreements, the Board shall provide for refuse collection services to be available in all unincorporated areas of the County.

(Ord. No. 4506, § 2, 6-7-2022)

The Board shall provide for the collection of refuse by any means authorized by Public Resources Code Sections 40057 through 40059.

(Ord. No. 4506, § 2, 6-7-2022)

The Board may, with or without having invited bids therefor, enter into, exclusive or nonexclusive, franchise agreements to provide for the collection of solid waste and/or discarded recyclables in the unincorporated areas of the County. The term of agreement for franchises for the collection of solid waste shall be no longer than twenty-five (25) years. The County reserves the right to invite competitive bids for one (1) or more franchises, provided that the franchisee(s) is notified pursuant to the terms of the franchise agreement(s). When considering the granting of a franchise, the Board shall take into consideration, at a minimum, the following information supplied by the franchisee: ability to perform the requirements of the franchise agreement; legal status, within the last three (3) years, with respect to convictions, pleas of nolo contendere, permit revocations, fines, and noncompliance with court orders; and/or other legal issues.

(Ord. No. 4506, § 2, 6-7-2022)

Owner(s) within a collection service area may request the County to approve a plan whereby special arrangements are made for effective and efficient refuse removal, which shall be incorporated into the applicable franchise agreement. The County is authorized to grant variances to any provision of this Title and to approve an alternative plan with such conditions as are deemed necessary.

(Ord. No. 4506, § 2, 6-7-2022)

The Board may, with or without having invited bids therefore, enter into a nonexclusive franchise agreement with any responsible individual, association, firm, organization or other business entity, whether or not said entity is operated for profit, for the collection of nondiscarded recyclable materials within the County. Where such a franchise agreement has been entered into between the County and a franchisee(s) for the collection of nondiscarded recyclable materials as herein provided, said franchisee(s) shall be an authorized recycling entity for the County as to those recyclable materials covered by the franchise agreement, for the franchise agreement term.

(Ord. No. 4506, § 2, 6-7-2022)

(A) The Board may, through issuance of franchise agreements, establish recyclable materials collection programs available to persons, residences, businesses and institutions in the County for the purpose of providing for the orderly and regular collection of recyclable materials. Creation and operation of a recyclables collection program does not preclude the operation of certified recycling centers created pursuant to Division 12.1 of the Public Resources Code, commencing with Section 14500, or other provisions of State law.

(B) Recyclable materials for donation, sale, or collection by or to any person or entity other than the authorized recycling entity, may not be stored or transferred by use of the recycling containers described in this Title, or any other containers used for recycling provided by the authorized recycling entity. Storage of recyclable materials at the designated collection location other than for pick-up by the authorized recycling entity as defined herein, is prohibited.

(Ord. No. 4506, § 2, 6-7-2022)

The County authorized recycling entity/entities must offer recyclable materials collection service to persons, residences, businesses and institutions with-in the franchise area requiring such services pursuant to the terms and conditions of any franchise agreement for such service. The Board may establish standards and regulations for the method and manner of collection of recyclable materials, collection service charges, and frequency of pick-up.

(Ord. No. 4506, § 2, 6-7-2022)

The granting of any franchise agreement to collect recyclable materials, shall confer upon the entity or entities to whom the franchise agreement is granted the right as an official authorized recycling entity of the County hereunder, during the term of the franchise agreement, to collect, transport, process and sell specified recyclable materials collected within the designated franchise area, as provided herein, and all provisions of this Title applicable to the authorized recycling entity shall constitute and be part of any franchise agreement awarded thereunder.

(Ord. No. 4506, § 2, 6-7-2022)

(A) Except as provided in Subsection (B) of this Section, any person, business or other entity transferring ownership of segregated recyclable materials without utilizing the official authorized recycling entity/entities, shall transfer the recyclable materials to a recyclable materials collection site or station, or end-use market.

(B) Any person, business or other entity may elect to transfer ownership of segregated recyclable materials, through donation or sale.

(C) The use of containers provided by the authorized recycling entity/entities or the pick-up of such recyclable materials from any designated collection location is prohibited by anyone other than the authorized recycling entity/entities.

(D) Nothing contained in this Title shall inhibit, regulate or restrict any recycling center, nonprofit drop-off program or recycling processor, or licensed individual, as permitted by the California Integrated Waste Management Act of 1989 or the California Beverage Container Acts 1986.

(E) Franchised haulers providing Residential, Commercial, or Industrial Organic Waste Collection Services to Generators subject to SB 1383 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:

(1) Identify the facilities to which they will transport Organic Waste unless otherwise designated by the County.

(2) Transport Source Separated Green Container Organic Waste to a facility, operation, or activity that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2 unless otherwise designated by the County.

(3) Obtain approval from the County to haul Organic Waste, unless they are transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D.

(Ord. No. 4506, § 2, 6-7-2022)

(A) It is unlawful for any person, business or other entity, not otherwise excepted by the provisions of this Title, or by State or Federal law, to collect recyclable materials in the County.

(B) From the time of placement of recyclable materials in any container used for recycling provided by the authorized recycling entity/entities and placement of the container at curbside, or other appropriate designated collection locations, said recyclable materials shall be and become the property of the authorized recycling entity/entities. Upon being legally transferred to a processing facility or end-use market, all recyclable materials shall become the property of the operator of the processing facility or the purchaser at the end-use market.

(C) It shall be a violation of this Title for any person unauthorized by the Board to collect or pick-up or cause to be collected or picked up any recyclable material, except to the extent such matter has been discarded as litter on the public streets within the County. Any and each such collection in violation hereof from one (1) or more locations shall constitute a separate and distinct offense punishable as hereinafter provided.

(Ord. No. 4506, § 2, 6-7-2022)

(A) Owners of facilities, operations, and activities that recover Organic Waste from Generators subject to SB 1383, 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 (60) days.

(B) Community Composting operators, upon County request, shall provide an estimate of the amount of Organic Waste collected from Generators subject to SB 1383 anticipated to be handled at the Community Composting operation.

(C) Commercial Businesses, including Multi-Family Residential Dwellings subject to SB 1383 shall:

(1) Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting.

(2) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Green Container 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.

(3) Provide or arrange access for County or its agent to their properties during all inspections.

(4) Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

(Ord. No. 4506, § 2, 6-7-2022)

The Board may, with or without having invited bids therefore, enter into exclusive or nonexclusive, franchise agreements to provide for the collection of industrial refuse in the unincorporated areas of the County. The term of a franchise agreement for the collection of industrial refuse shall be as specified in Section 9A.12.150. When considering the granting of a franchise t, the Board shall take into consideration, at a minimum, the following information supplied by the franchisee: ability to perform the requirements of the franchise; legal status, within the last three (3) years, with respect to convictions, pleas of nolo contendere, permit revocations, fines, and noncompliance with court orders; and/or legal issues.

(Ord. No. 4506, § 2, 6-7-2022)

(A) The County has the right, at its option, to control the collection, disposal and diversion of all waste, Organic Waste, and certain recyclables, generated within the unincorporated areas of the County, upon release of custody of ownership of the waste or recyclables by generator as follows:

(1) The County has the right to direct the wastestream to be disposed of at any solid waste facility or in any manner, respectively, the County may designate;

(2) The County has the right to direct the wastestream to be diverted to any transfer or processing station the County may designate;

(3) The County has the right to direct discarded recyclables collected by a franchise hauler to be processed at, or marketed to, a specific facility when in the best interest of the County and provided the collector would receive a reasonable, competitive market value for the recyclables; and

(4) The County has the right to direct the wastestream to be diverted to any Designated Source Separated Organic Waste Facility the County may designate.

(Ord. No. 4506, § 2, 6-7-2022)

(A) All terms and conditions of the franchise agreement, including the length of the contract and the conditions for contract renewal shall be included within the franchise agreement. The term of a franchise agreement shall be no longer than twenty-five (25) years. The County retains the right to require disclosure of information from the franchisee as specified in the franchise agreement.

(B) Annual financial statements will be provided to the Department as required by and described in the franchise agreement.

(Ord. No. 4506, § 2, 6-7-2022)

Every franchise granted by the County shall be subject to the provisions of this Title and the rules and regulations of the Board. The franchise shall state:

(A) The name and address of the person to whom the franchise is issued;

(B) The activity authorized;

(C) The term for which the franchise is granted;

(D) The area in which the franchisee is authorized to provide services;

(E) Such other conditions as the County may provide.

(Ord. No. 4506, § 2, 6-7-2022)