Monterey County Municipal Code Ch. 10.41 Solid Waste Collection and Disposal

In this Chapter, unless the context otherwise requires:

A. "Approved container" means a watertight can with close-fitting cover, side bail handles, and a capacity of twenty (20) gallons through ninety-six (96) gallons.

B. "Board" means the Board of Supervisors of the County of Monterey.

C. "Commercial solid waste" means refuse generated by stores, shops, offices, restaurants, hospitals, and any commercial, industrial, or agricultural establishment.

D. "County" means the unincorporated area of the County of Monterey.

E. "Debris" means rubbish resulting from construction, demolition or alteration of any building or structure, including brick, mortar, wood, and glass.

F. "Disposal facility" includes any place, location, tract of land, area or premises permitted by the Monterey County Health Department and approved by the California Integrated Management Board to be used for disposal of solid wastes.

G. "Enforcement Official" means any officer, employee, or agent of the County or any deputy or designee of such officer, employee, or agent that is charged with responsibility for enforcement of any provision of this Code.

H. "Food waste" means all institutional, residential, and commercial food product waste.

I. "Franchisee" means a person who has been granted a franchise by the Board to collect and haul refuse for hire.

J. "Garbage" means all putrescible waste, all animal or vegetable refuse or residue, and all wrappers, packing materials and containers that result from the preparation or care for, or treatment of, food stuffs intended to be used as food. "Garbage" includes all putrescible wastes resulting from the preparation or handling of food for human consumption, or any decayed or unsound meat, fish, fruit or vegetable.

K. "Green waste" means all grass clippings, leaves, branches, tree trunks, and other yard waste generated by residential and commercial property owners.

L. "Hazardous waste" means a waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may either cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness or pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

M. "Director of Health" means the Director of the Monterey County Health Department or his or her designee.

N. "Household hazardous waste" means any hazardous waste generated incidental to owning or maintaining a place of residence. "Household hazardous waste" includes pesticides, waste motor oil and antifreeze, car batteries, [paints] and related products, acids, and cleaners.

"Household hazardous waste" does not include any waste generated in the course of operating a business at a residence.

O. "Itinerant trash hauler" means a person collecting and hauling trash.

P. "Lost income discount" means a discount of thirty (30) percent (LifeLine) off the first approved container from the curbside refuse collection rate for property owners with incomes that fall below the Federal Poverty Guidelines.

Q. "Mandatory collection area" means a geographical area designated or specified in this Chapter or by resolution of the Board in which solid waste collection services acquired from the franchisee by all residential, multi-residential and commercial establishments which generate solid waste in the County.

R. "Owner" means owner of record of a parcel of land in the County.

S. "Permittee" means a person who has been issued a permit pursuant to this Chapter by the Health Department who collects refuse for hire.

T. "Person" includes an individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.

U. "Putrescible waste" means organic matter with a decomposition capacity to emit noticeable quantities of odor and gaseous byproducts, including kitchen waste, yard waste, dead animals and food waste.

V. "Recyclables" means solid waste which is aluminum, glass, paper, newspaper, cardboard, plastic, ferrous metal, white goods, yard or green waste and other materials that would otherwise become solid waste which can be processed and returned 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.

W. "Refuse" means both garbage and rubbish.

X. "Registered hazardous waste hauler" means a registered hazardous waste hauler as defined in Section 66176 of Title 22 of the California Administrative Code while engaged in the hauling of hazardous waste.

Y. "Rubbish" means nonputrescible waste, including unusable, unwanted or discarded material resulting from normal community, business or residential activities, or materials which by their presence may injuriously affect the health, safety and comfort of persons or may depreciate property values in is vicinity, or both, including any rubbish having any salvage value. "Rubbish" does not include discarded appliances, furniture, bulky items that cannot and will not be readily placed in an approved container and materials generated by the owner and held by the owner to be salvaged for reuse or recycling.

Z. "Solid waste" means all putrescible and non-putrescible solid, semisolid and liquid wastes, accumulated or delivered for collection and disposal or recycling within the County, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts of abandoned vehicles, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid waste, and other discarded solid or semisolid wastes. "Solid waste" does not include hazardous waste or radioactive wastes regulated under Health and Safety Code Section 114960 et seq., or medical wastes which are regulated under Health and Safety Code Section 117600 et seq.

AA. "Source separation" means the separation or segregation of solid waste, at the place of generation or production of wastes and resources for separate collection, processing, recycling, reuse or recovery or disposal.

BB. "Trash" means nonputrescible waste, including discarded appliances, furniture, and similar bulky items which cannot be readily placed in an approved container but excluding debris, commercial solid waste, garbage and rubbish.

CC. "Yard waste" means leaves, grass, weeds and wood materials from trees and shrubs.

(Ord. 4190, 2003; Ord. 2661, 1980)

(Ord. No. 5412, § 2, 2-27-2024)

A. Containers Required. Every owner of premises where solid waste is created, produced, or accumulated shall keep upon the premises and use sufficient approved containers to hold any accumulation of solid waste between times or collection or disposal at a disposal facility.

B. Source Separation. All persons shall separate all recyclables from other solid waste generated at their premises and shall place such recyclables into a different approved container to facilitate segregation at a solid waste facility. An owner or agent of an owner of a multifamily rental housing property with three or more units shall comply with its separation responsibilities by establishing a collection and storage system for separated recyclables at each premise. The collection and storage system for recyclables shall be submitted to the Director of Health for approval.

C. Agricultural Byproducts. Culled fruits and vegetable and agricultural byproducts which cannot be used for animal feed, returned to the soil or recovered in another manner shall be disposed of only at a permitted disposal facility.

D. Disposition of Animal Carcasses. Every resident, occupant or operation of any real property situated in the County shall, upon reasonable notice given by the Director of Health, bury to a depth of at least three feet under the surface of the earth, or remove to a proper handling and/or treatment facility, all carcasses of dead animals which have died or are upon any part of such real property.

E. Unlawful Accumulations. A person shall not accumulate, or allow to accumulate, any solid waste, either on the surface of the ground or buried beneath the ground, on any premises owned or leased by him or her, or under his or her possession or control, except that a person may accumulate food waste, yard waste or green waste for the purpose of composting and to bury dead animals. The owner or tenant of any agricultural property may allow food waste to be accumulated, stored, disposed of or used for stock feeding on the premises. The authorized accumulations may continue as long as the accumulated wastes do not become a nuisance due to the breeding or attraction of flies or rodents of from odors, or create a hazard to public health, safety, or welfare, as determined by the Director of Health.

Whenever any solid waste has accumulated, the Director of Health shall give written notice to the owner, tenant, or other person having possession or control of the premises to remove from the premises the solid waste, which has been accumulated. It shall be unlawful for the owner, tenant, or person having possession or control of the premises to neglect or fail to remove said solid waste from the premises within a reasonable time, as determined by the Director of Health, after receipt of said notice.

If ownership of solid waste, which has been illegally deposited on another person's property, can be identified, the Director of Health, at the request of the owner of the property, shall give written notice to the owner of the solid waste to remove the solid waste which has been deposited. It shall be unlawful for the owner of the solid waste to fail to remove said solid waste from the premises immediately. This does not relieve the owner of the ultimate responsibility to dispose of the solid waste.

F. Restaurants and Food Preparing Facilities. All food waste and solid waste containing food waste shall be kept in leak-proof and rodent-proof containers covered with tight fitting lids in a manner that minimizes odor and insect development. Solid waste containers inside a food facility need not be covered during periods of facility operation. All food waste and solid waste containing food waste must be removed and disposed of by a franchised or permitted hauler as frequently as may be necessary, at least once a week, to prevent the creation of a nuisance and to keep the premises free of litter, solid waste and vermin.

G. Household Hazardous Waste. Every person in the County shall separate household hazardous waste from solid waste and shall dispose of it only at a household hazardous waste collection facility or through programs specifically provided by the permittee, franchisee or the County to collect household hazardous waste.

(Ord. 4190, 2003; Ord. 2661, 1980)

A. Collection Required. Permittees and franchisees shall collect all solid waste generated from all stores, shops, offices, restaurants, hospitals and commercial or industrial establishments and all residential properties designated or specified in this Chapter or by resolution of the Board establishing mandatory residential collection services, regardless of whether or not these services were requested by the affected property owner, tenant or person having possession or control of the real property. All solid waste shall be collected from every occupied residence, apartment, or business as designated pursuant to this Subsection at least once a week.

B. Payment. Residents within mandatory areas designated pursuant to Subsection A and owners of commercial and industrial businesses or the property owners of the property within the designated residential areas or the property on which such businesses are located shall pay the rates established by the Board.

C. Exemptions and Criteria. Mandatory solid waste collection does not apply to those places or premises in mandatory collection areas which meet one of the criteria specified in this Subsection if such exemption is applied for annually by the owner or the franchisee awarded the area and granted by the Director of Health or his or her designee. The Director of Health or his or her designee shall make periodic inspections of such premises and if it is found that solid waste is present or that the property no longer qualifies for an exemption, the regular solid waste collection shall be resumed promptly at the expense of the property owner.

Criteria:

1. The property is undeveloped or vacant.

2. All solid waste generated on the premises is recycled or composted.

3. Residential properties with long, narrow, or steep driveways in instances where the franchisee in the opinion of the Director of Health, is unable to properly and safely use franchisee's equipment and granting such an exemption does not create a nuisance.

(Ord. 4190, 2003; Ord. 2661, 1980)

A. A person shall not throw or deposit, or cause to be thrown or deposited, any refuse upon any premises whatsoever except at a permitted disposal facility.

B. Transporting refuse in container used for burning. A person shall not transport refuse in any container that has been used for burning.

C. State Law Relative to Littering. The attention of all persons is directed to Section 374 et seq. of the Penal Code and other provisions of the laws of the State prohibiting the littering of public highways.

D. Violations. The Enforcement Official may issue an administrative citation for the violation of this Section as a civil penalty as follows:

1. The first violation shall be punishable by a fine of not more than two thousand five hundred dollars ($2,500.00).

2. The second violation during a twelve (12) month period shall be punishable by a fine of not more than five thousand dollars ($5,000.00).

3. The third, and any subsequent, violation during a twelve (12) month period shall be punishable by a fine of not more than ten thousand dollars ($10,000.00).

(Ord. 4190, 2003; Ord. 2661, 1980)

(Ord. No. 5412, § 3, 2-27-2024)

The burning of green waste, other than garbage and rubbish and other offensive odor-producing solid waste, may be done only in accordance with the appropriate requirements of any governmental agency having jurisdiction.

(Ord. 4190, 2003; Ord. 2661, 1980)

All solid waste subject to collection becomes the property of the permittee or franchisee at such time as the permittee or franchisee takes possession of the solid waste. Upon this solid waste being delivered to a permitted facility, it becomes the property of the operator of the permitted facility.

Except that, if solid waste is not removed by a permittee or franchisee, ownership of the solid waste remains with the generator of such solid waste until it is properly delivered to a licensed disposal facility.

(Ord. 4190, 2003; Ord. 2661, 1980)

A person shall not transport refuse over any public highway unless such refuse is contained in watertight metal tanks, containers or other receptacles, which in all instances shall be equipped with close-fitting covers, except as otherwise authorized by the Director of Health, and such covers shall be affixed to the tanks, containers or other receptacles in such a manner as to prevent the dropping or spilling of any refuse upon the highway.

(Ord. 4190, 2003; Ord. 2661, 1980)

A. A person shall not collect, haul or transport refuse for hire in the County without first obtaining a permit pursuant to this Chapter.

B. The Director of Health, in issuing or reviewing any solid waste disposal facilities permit or in connection with any action relating to that permit, may investigate the operation by any person of a transfer or processing station, disposal site, collection or handling equipment, or storage area for solid wastes as authorized by Division 30 of the Public Resources Code. In the investigation, the Director of Health may inspect the facility, equipment, or vehicle used for storage, collection, transportation, processing, or disposal of solid waste, as necessary to ensure compliance with Division 30 of the Public Resources Code and to determine that the terms and conditions of solid waste disposal facilities permits are being complied with.

C. This Section does not apply to the following:

1. Registered hazardous waste haulers.

2. Persons hauling their own household refuse from their own residences.

3. Industrial, commercial or business establishments or building contractors hauling their customers' refuse.

4. Itinerant trash haulers as defined in this Chapter.

(Ord. 4190, 2003; Ord. 2661, 1980)

A. The Board may grant to persons the exclusive rights to collect solid waste within specific areas and to deliver all collected solid waste to a designated facility for disposal by means of a franchise agreement. The franchise agreement shall provide specific terms for the operation of the franchise, including the duration of the franchise, which shall not exceed fifteen (15) years, and the payment of a franchise fee. Unless otherwise expressly provided in the terms of the franchise agreement, the provisions of this Chapter, including obtaining a permit, apply to any franchise agreement approved pursuant to this Section.

B. The Board may only approve a franchise agreement, or renew a franchise agreement, after an open and competitive process for the award of a franchise agreement is completed as follows:

1. On approval by the Board, the County will solicit proposals from persons engaged in the collection of solid waste. Prior to the issuance of requests for proposals, the Director of Health shall establish objective criteria to be used in evaluating and selecting the preferred person. The request for proposals shall include the criteria. The Director of Health or his or her designee shall review all proposals and make such investigations, as the Director of Health deems necessary and appropriate to ensure that cost effective, quality service will be provided.

2. The Director of Health shall review and evaluate the proposals and recommend to the Board which, if any, proposer should be granted the franchise agreement. Upon the basis of the level of service proposed, proposed service fee, any historical evidence as to the quality of service, other evidence submitted and the results of any investigation, the Director of Health shall make a finding on the qualifications of each proposer. The Director of Health or his or her designee shall recommend to the Board who should be granted the franchise agreement on the basis of his or her findings.

(Ord. 4190, 2003; Ord. 2661, 1980)

Applicants for a permit shall file with the Director of Health a verified application in writing on a form furnished and approved by the Director of Health, which shall have the following information:

A. Name of applicant.

B. Permanent home and business addresses and full local address of the applicant.

C. Firm name and any other name under which the applicant is doing business.

D. The locations of disposal areas which may legally accept and dispose of refuse with which applicant has arranged for the disposal of all refuse collected and transported by him or her.

E. The number of vehicles owned by applicant suitable for the collection and transportation of refuse and the cubic volume of each.

F. The number of vehicles controlled by applicant suitable for the collection and transportation of refuse and the cubic volume of each.

G. The make, model and vehicle identification number for each piece of equipment that may collect solid waste.

H. The Director of Health may inspect the location or locations where the vehicles and equipment are either owned or controlled by applicant.

I. A definitive description of the area applicant proposes to serve, which shall include:

1. The names and address of any franchisee presently serving the area.

2. A map, delineating the boundaries of the area to be served with sufficient accuracy and detail.

3. All facts or reasons upon which applicant relies which show that the public convenience and necessity requires the granting of the application.

J. All applications shall be accompanied by a permit fee in the amount set in the County's Master Fee Resolution.

(Ord. 4190, 2003; Ord. 2661, 1980)

The Director of Health shall conduct an investigation of each application as he or she deems necessary to be able to approve said application to make findings that applicant is fit, willing, and able to properly perform the services proposed and to conform to the requirements of this Chapter and the rules and regulations of the Health Department. Upon approval or conditional approval, the Director of Health shall issue the appropriate permit.

(Ord. 4190, 2003; Ord. 2661, 1980)

A. Term. All permits issued under this Chapter are effective for a period of one fiscal year commencing on July 1st of the year of issuance.

B. Fees. A permit fee, in an amount set in the County's Master Fee Resolution, is due and payable annually on or before July 1st of each year, for the fiscal year commencing each July, except that if the annual fee is delinquent for six months after due date, the permit is subject to revocation.

C. Renewal. Unless the permit has been canceled or revoked as provided in this Chapter, the permittee shall annually file a verified application with the appropriate fee.

(Ord. 4190, 2003; Ord. 2661, 1980)

A. Any permit issued under this Chapter may be suspended or revoked on thirty (30) days written notice mailed to the last business address of permittee as furnished to the Director of Health. The notice to the permittee shall be transmitted by certified mail, return receipt requested, upon the happening of any one of the following:

1. Permittee fails or refuses to comply with this Chapter, his or her permit or the applicable rules and regulations of the Health Department.

2. The permittee offers to assign or has assigned, either voluntarily or by operation of law, his or her permit.

3. There is any substantial change in the legal or beneficial ownership, either directly or indirectly, of any person holding a permit without the prior written approval of the Director of Health.

4. The Director of Health finds that the vehicles used or proposed to be used by the permittee for the collection and transportation of refuse are either insufficient, unfit, violate this Chapter, or violate the regulations adopted in accordance with this Chapter.

B. Notwithstanding any other provisions of this Chapter, the Director of Health may suspend a permit for any act or omission of a permittee that endangers the public health. The Director of Health shall give permittee twenty-four (24) hours notice of such suspension in writing. Notice may be given by personal service or as otherwise provided in this Section.

(Ord. 4190, 2003; Ord. 2661, 1980)

A. Records and Reports. All permittees shall keep and maintain such records as the Director of Health may reasonably require to ascertain the extent of compliance with this Chapter and, if requested by the Director of Health, shall submit reasonable periodic reports based on these records.

B. Equipment Required in Vehicles. Each vehicle hauling refuse in the County under permit shall carry a fire extinguisher.

C. Inspection of Equipment. The Health Department shall routinely inspect all equipment each year to determine if it conforms to this Chapter. Equipment may be inspected by the Health Department at any time and location chosen by the Health Department during the permit period.

D. Maximum Time Trucks May Remain Loaded. Permittees shall not leave trucks loaded with refuse for over a twenty-four (24) hour period.

E. Permit Not Assignable. Permits are not assignable.

F. Truck Beds Generally. The bodies of trucks used in the collection or transportation of refuse shall have watertight beds of metal or of impervious material that can be cleaned. The beds shall be cleaned at least once a day when in use. Permittees shall provide adequate means to prevent refuse from escaping from the truck during collection or transportation.

G. Packer-Type Trucks. Permittees shall use packer-type completely enclosed trucks to the fullest possible extent. Other suitable equipment as required by terrain, type of refuse to be hauled or other special conditions may be approved by the Director of Health.

H. Cleaning and Disinfection of Tanks, Containers, Etc. All garbage-conveying trucks and other receptacles shall be cleaned and disinfected, both on the inside and outside thereof, immediately after being used and, at all times, shall be kept free from any garbage on the outside thereof.

(Ord. 4190, 2003; Ord. 2661, 1980)

The Director of Health, or his or her authorized representative, is responsible for the administration of the permit and franchise provisions of this Chapter.

(Ord. 4190, 2003; Ord. 2661, 1980)