Chapter 12.08 — PERMIT REQUIREMENT FOR SOLID WASTE HANDLING AND SOLID WASTE FACILITIES

A.

Solid Waste, Unpermitted Waste and Recycling Permits. Commencing on June 30, 2006, no person shall engage in the business of solid waste handling or recycling, or in the collection, transport, storage,

processing, or disposal of unpermitted waste within the unincorporated area of the county without first obtaining a solid waste permit from the department.

B.

Exceptions. Subsection A of this section shall not apply to:

Persons transporting and disposing of or recycling solid waste, recyclables, or unpermitted waste generated on their own residential or commercial premises (i.e., "self haulers");

Persons transporting and disposing of or recycling solid waste, recyclables, or unpermitted waste generated incidentally to and as a by-product of their business, such as contractors who haul away construction or demolition waste or landscape contractors who remove yard waste generated at their project site;

Persons providing solid or unpermitted waste handling, or recycling services, comprised solely of transportation through unincorporated areas of the county, without collecting, storing, or disposing of solid waste or recyclables within the unincorporated area.

C.

Solid Waste Facility Permits. No person shall develop or operate a solid waste facility within the unincorporated area of the county without first obtaining a solid waste facility permit from the department.

D.

Permit not Exclusive. Any permit required or obtained pursuant to this section shall be in addition to those permits or approvals otherwise required by state and local statutes, ordinances, regulations, and rules applicable to solid waste enterprises or facilities, including, but not limited to: business licenses, planning and land use approvals, environmental health approvals, building and grading permits, franchise requirements, and any approvals or permits required by the various state laws and regulations pertaining to solid waste management, transportation, storage or related matters.

(Ord. 05-06 § 1 (part), 2005.)

A.

Applicants for a solid waste permit or a solid waste facility permit shall file with the director a verified application in writing on a form furnished and approved by the director, which shall contain, at a minimum, the following information:

Name, address, and phone number of the applicant;

If the applicant is a firm or partnership, the names of all owners and partners of all classes, limited and general;

If the applicant is a corporation, the names and titles of each of the officers and directors and the names of all stockholders owning, holding, or controlling ten percent or more of the corporate stock;

Trade and firm name;

A description of the types of services provided or type of facility proposed and the areas of the county in which those services are or will be provided or the location of the proposed facility;

A description of all trucks and equipment, including make, model, year of manufacture, and vehicle identification number, that the applicant will use to collect and transport solid waste within the unincorporated area of the county;

A description of why the public health, safety, welfare, convenience and necessity require the granting of the permit to handle solid waste or develop or operate a solid waste facility;

Such other information as may be requested by the director.

B.

The board of supervisors may set fees for the consideration and/or issuance of solid waste permits and/or solid waste facility permits and provide for their administration by resolution.

(Ord. 05-06 § 1 (part), 2005.)

A.

Upon receipt of a complete application accompanied by the required fee, the director shall conduct an investigation of each application as he or she deems necessary to determine that the applicant is fit, willing, and able to properly perform the services or develop or operate the facility proposed and to conform to the

requirements of this title and the rules and regulations of the local enforcement agency. The director shall deny the permit when any of the following occur:

The director determines that the proposed solid waste handling service or proposed solid waste facility is not consistent with the county solid waste management plan;

The director determines that the proposed solid waste handling service or proposed solid waste facility cannot conform to state or federal law or regulation or to local law or regulation including, but not limited to, this title;

The director determines that the applicant has received a written determination of noncompliance with applicable law from any Regulatory Agency, whether or not a fine or penalty is included, assessed, levied or attached.

B.

Upon denial of a permit, the director shall give written notice of the denial to the applicant and the board of supervisors. Notice to the applicant shall advise the applicant of the right to file an appeal of the decision with the board of supervisors within fifteen calendar days of receipt of the notice.

(Ord. 05-06 § 1 (part), 2005.)

A.

Any permit issued under this chapter may be suspended or revoked on thirty calendar days' written notice to the last business address of permittee as furnished to the department, upon the occurrence of any one of the following:

The permittee fails or refuses to comply with the conditions of the permit or with any provision of this title;

The permittee offers to assign or has assigned, either voluntarily or by operation of law, his or her permit without the prior written approval of the director;

There is any change in the legal or beneficial ownership, either directly or indirectly, of the permittee without the prior written approval of the director;

The director or the local enforcement agency finds that the vehicles or other equipment used or proposed to be used by the permittee for the handling or disposal of solid waste are insufficient, unfit, violate the provisions of this title, or do not comply with any state, federal, or local law or regulation;

The director determines that the scope, nature, or location of services provided by the permittee are inconsistent with those stated in the permit application as a result of the failure of the permittee to seek a permit revision prior to modifying services as required by Section 12.08.060 of this chapter;

The director determines that the permit was obtained by fraud or misrepresentation; or

The permit is being exercised in such a manner as to be detrimental to the environment, public health and safety, or the general welfare of the public.

B.

Thirty calendar days' notice is not required prior to the revocation of a permit if the director determines that there is an immediate threat to the public health or safety from the continued operation of the solid waste enterprise. In such event, the director shall provide the permittee with written notice of the immediate revocation of the permit, along with an explanation of the immediate threat to public health or safety.

C.

The notice described in this section shall be transmitted to the permittee by certified mail, return receipt requested, and shall be deemed given when deposited in the mail.

(Ord. 05-06 § 1 (part), 2005.)

A.

Within fifteen calendar days of receipt of written notice of the denial of a permit pursuant to Section 12.08.030 of this chapter or of receipt of written notice of the revocation of a permit pursuant to Section 12.08.040 of this chapter, the applicant or permit holder may appeal such denial or revocation to the board of supervisors by filing a written request for a hearing with the clerk of the board specifying the decision complained of and the reasons for the appeal.

B.

Upon receipt of a request for hearing, the clerk of the board shall set the matter for hearing before the board of supervisors not more than sixty calendar days following receipt of the request, unless the appellant and county mutually agree to a later date. The clerk shall give written notice of the time, date, and place of the hearing to the appellant, the director, the board of supervisors, and the county counsel and

shall notice the hearing in accordance with all applicable law. The hearing may take place at a regular or a special meeting of the board of supervisors.

C.

At the hearing, the appellant may appear in person or through an employee authorized to do so in writing, and may be represented by counsel. The appellant shall have the right to inspect and obtain copies of all documents to be presented at the hearing and shall provide the county with copies of all documents which he or she intends to present at the hearing. Documents shall be exchanged no later than five calendar days prior to the hearing, except by mutual agreement of both appellant and county. All witnesses presenting testimony at the hearing shall be sworn and subject to direct and cross-examination. Formal rules of evidence shall not apply and all relevant evidence may be considered.

D.

The board of supervisors shall issue a written decision which shall be mailed by certified mail, return receipt requested, or personally delivered to the appellant. The decision of the board shall be final.

E.

During the pendancy of an appeal of a permit revocation, the permittee may continue to operate unless the director has made a written determination that such continued operation will constitute an immediate hazard to the public health and safety, either at the time the revocation notice was provided or thereafter.

(Ord. 05-06 § 1 (part), 2005.)

Any permittee proposing to change the type of services provided, or the area of the county served, shall file a written request with the director for a permit revision at least thirty days prior to the proposed change. The application shall be approved or denied by the director in accordance with the criteria set forth in Section 12.08.030 of this chapter and permittee shall have the right to appeal the director's decision in accordance with Section 12.08.050 of this chapter.

Permittees shall additionally notify the director, and where required by law, the local enforcement agency, of any changes to the equipment or vehicles utilized in providing the permitted services.

(Ord. 05-06 § 1 (part), 2005.)

No permit shall be issued under this chapter, nor shall any permit be valid after issuance, 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 permittee or his employees or agents, a liability insurance policy or policies approved by the county risk manager and issued by a California-admitted surety. The county risk manager shall establish standards for insurance including, but not limited to, coverage and policy amounts.

(Ord. 05-06 § 1 (part), 2005.)

The permitted solid waste handler or facility owner or operator (the "permittee") shall appear and defend all actions against the county, its officials, employees, and agents arising out of the exercise of the permit, and shall indemnify and save the county, its officials, officers, and employees and agents harmless of and from all claims, demands, actions or causes of action of every kind and description resulting directly or indirectly, arising out of, or in any way connected with the exercise of such permit. The permittee's obligation under this section extends to any claim, damage, loss, liability, expense, judgment or other costs, including litigation costs and attorneys' fees, that are caused in whole or in part by any act or omission of the permittee, its agents, employees, supplier, or anyone directly or indirectly employed by any of them, or anyone for whose acts or omissions any of them may be liable, in the exercise of the permit authorized by this chapter.

(Ord. 05-06 § 1 (part), 2005.)

A.

The director may approve permits to be issued under the provisions of this chapter for a term of three years. The initial term of any permit may be less than or may exceed three years if it is determined by the director to be necessary or desirable to extend or decrease the term of the permit in order to align its expiration date with some event or with other permits or approvals.

B.

Permits may be renewed for subsequent three-year periods upon written request of the permittee without the filing of an additional application provided all of the following conditions are met:

The permittee submits a written request for renewal to the director, accompanied by any required permit renewal fee at least thirty calendar days prior to the expiration of the permit term;

There are no unresolved violations of the permit or of this title at the time of the request for renewal; and

There are no outstanding fees or debts owed by the permittee to the county.

In his sole discretion, if deemed appropriate under the circumstances, the director may waive one or more of the foregoing conditions.

(Ord. 05-06 § 1 (part), 2005.)