Napa County Municipal Code Ch. 8.48 Solid Waste Franchises

The purpose of this chapter is to promote the community health, safety and welfare and protect the environment by establishing procedures for the creation and amendment of franchises, including the designation of franchise zones and minimum standards for operator submission of information for the storage, collection, removal and transportation or other disposal of solid wastes within those portions of the unincorporated area of the county which are not located within the jurisdiction of the Upper Valley Waste Management Agency, a joint powers authority organized by Napa County Agreement No. 3265 in accordance with Government Code Sections 6500 et seq.

(Ord. 1123 § 4 (part), 1997)

Except as otherwise provided in this division, it shall be unlawful for any person to collect, remove, transport or dispose any solid waste or curbside recyclable materials within any established franchise zone in the unincorporated area of the county without first obtaining a franchise agreement from the board pursuant to this chapter, unless the person is engaging in such activity as an employee or contractor of such franchisee or is transporting recyclable materials from a solid waste facility operated by a franchisee or exempt drop-off center to the point of resale or re-processing.

(Ord. 1123 § 4 (part), 1997)

The board of supervisors shall, by resolution, define the boundaries of the franchise zones within the unincorporated areas of the county other than those areas within the jurisdiction of the Upper Valley Waste Management Agency. The descriptions of the franchise zone boundaries along with accompanying maps shall be filed with the clerk of the board of supervisors and the local enforcement agency. A description of the franchise zone shall be attached to and be part of the individual franchise agreements.

(Ord. 1123 § 4 (part), 1997)

Except where the terms and conditions of any franchise agreement in existence prior to April 1, 1997 are to the contrary, no person shall be required to possess a franchise agreement issued by the board of supervisors for the purpose of collecting and transporting solid waste where any of the following conditions apply:

A. The solid waste was collected from an area of the county not designated as being in a franchise zone.

B. The solid waste was produced within a franchise zone by an owner or occupant of property not subject to mandatory collection for the uses on that property, such solid waste is being hauled either by the owner or by the occupant of the property, and such hauling is solely for the benefit of the owner or occupant.

C. The solid waste consists only of construction or demolition wastes hauled or removed only by the landowner or occupant, an uncompensated third party acting at the request of the landowner or occupant, or a contractor or subcontractor thereof retained by or for the benefit of the landowner or occupant to perform the construction or demolition services on the property.

D. The solid waste is limited to abandoned vehicles and parts thereof, discarded home and industrial appliances and furniture, or agricultural solid wastes as defined in this division.

E. The solid waste consists of septic tank pumpings, hazardous wastes or medical wastes which are being handled and transported by properly pertained, certified and inspected haulers and vehicles as required by federal, state and local laws and regulations.

F. The solid waste consists only of garbage collected and transported for the purpose of feeding animals in accordance with this division and applicable state laws and regulations and the hauler has obtained a garbage feeding permit from the LEA.

G. The solid waste consists of only recyclable material being hauled from a material recovery facility (MRF) or other permitted or exempt recycling facility to the point of reuse, resale, or re-processing.

H. The solid waste consists of waste removed and transported from a public road right-of-way by a public agency or a construction or demolition contractor retained by the public agency.

I. Any solid waste not expressly included in and made subject to the franchise agreement approved for an established franchise zone.

J. Rubbish collected from a residential property no more frequently than once per calendar year or in connection with sale or lease of the property.

(Ord. 1123 § 4 (part), 1997)

A. Pursuant to Public Resources Code Section 40059, the board is authorized to enter into or extend exclusive franchise agreements for the handling, collection, transportation and disposal of solid waste within franchise zones established within the county, for a term not exceeding twenty-five years. Such franchises shall be granted either with or without competitive bidding as the board in its discretion determines to be most beneficial to the public health, safety and welfare. If the board uses competitive bidding in the granting of such franchises, the county shall comply with the procedures set forth in Public Resources Code Sections 49200—49205.

B. Any franchise agreements issued under this chapter shall include a provision requiring the franchisee to file with the board of supervisors, upon grant of the franchise, a bond in favor of the county in an amount and under such terms and conditions as may be prescribed by the board, and may include other provisions including but not limited to the following:

1. During the term of the franchise agreement, a requirement that the franchisee pay the county a franchise fee in an amount indicated in the current agreement between the county and the franchisee, which may include, but not be limited to, an amount annually-adjustable by resolution of the board of supervisors for the franchise zone, to cover the costs of administering the franchise for the franchise zone, including but not limited to:

a. Enforcing the terms and conditions of the franchise agreement; and

b. Offsetting costs incurred by the county as a result of franchisee's operation and service, including, but not limited to, contract administration and impact of franchisee's operations on county maintained roads; and

c. Providing services and equipment beneficial to the franchise zone customers.

2. The place and manner of disposal of solid waste by the franchisee, including hours of operations and type and quantity of vehicles and equipment used;

3. A requirement that the franchisee obtain public liability and compensation insurance as well as any other types of insurance required by county ordinance or state or federal laws or regulations;

4. A requirement that the franchisee keep and allow audits of financial records;

5. Termination of agreement in event of default;

6. Grant of exclusive right of the franchisee to collect solid waste, except as provided in Section 8.48.040;

7. A requirement that the franchisee transport the collected solid waste to disposal facilities approved by the board;

8. An option for the county to buy the franchisee's equipment and disposal facilities, and to terminate the contract if there is continued unsatisfactory performance or the failure to submit required tipping fees;

9. Any and all provisions which the board considers necessary or desirable for the protection of the county and its citizens;

10. Identify any specific areas within and outside of the county that cannot physically be served.

C. Any exclusive franchise agreement in existence prior to April 1, 1997 and any extension thereof, shall be legal and binding until terminated in accordance with the provisions of that agreement.

(Ord. 1123 § 4 (part), 1997)

(Ord. No. 1366, § 1, 11-27-2011)

Each application for a franchise under this chapter shall be in writing, shall be accompanied by that non-refundable application fee established by resolution of the board, shall be filed with the county executive officer and shall contain, or be accompanied by, all of the following:

A. Name, address and telephone number of the applicant. If the applicant is a partnership, the name, address, and telephone number of each partner shall be identified. If the application is a corporation, the name, address and telephone number of each director and the four major officers of the corporation shall be identified.

B. A description of the proposed solid waste removal program to be operated by the applicant complete with the proposed frequency of collection.

C. A detailed description of all previous experience of the applicant in providing solid waste removal, transport and/or disposal.

D. A detailed description of the proposed plan of operation of the applicant which shall include, but not be limited to the following:

1. A detailed map indicating all areas proposed to be served and a proposed time schedule for initiation of service. The proposed schedule may be in phases.

2. A statement or schedule setting forth all proposed classifications of rates and charges to be made against subscribers and all rates and charges as to each such collection classification and service fees.

3. A detailed statement describing the actual equipment and operational standards proposed by the applicant.

4. A copy of the form of any agreement, undertaking, or other instrument proposed to be entered into between the applicant and any subscriber.

E. A detailed and complete financial statement of the applicant prepared by a certified public accountant for the fiscal year immediately preceding the date of the application, demonstrating that the applicant or, if the applicant is an entity owned by a corporation, the corporation that holds a controlling interest in the applicant, has the financial ability to provide such service.

F. Any other details, statements, information, or references which may be required by the county executive officer.

(Ord. 1123 § 4 (part), 1997)

(Ord. No. 1379, § 43, 1-29-2013)

A. Upon being notified by the county executive officer that a completed application has been received, the clerk of the board shall set the matter for public hearing before the board. In addition to any other notice required by law, notice of the hearing on the application shall be given to any person who has requested notification of such applications and by publishing a notice at least once not more than ten nor less than three days prior to the scheduled public hearing in a newspaper of general circulation within the county.

B. In making its determination whether to approve or deny a franchise, the board may give due consideration to:

1. The quality of the service proposed;

2. Projected rates to subscribers;

3. Experience, character, background and financial responsibility of the applicant and its managers and owners;

4. Anticipated technical and performance quality of the systems equipment;

5. The willingness and ability of the applicant to meet construction and physical requirements and to abide by policy conditions; and

6. Any other considerations deemed pertinent by the board for safeguarding the interests of the citizens of the unincorporated area of the county.

C. Determination of whether a request for proposals will be issued is within the exclusive discretion of the board and may be made upon the basis of such factors or criteria as the board, in its sole discretion, may elect. If favorably considered, the application submitted in response to a request for proposals, or as amended, shall constitute and form part of the franchise documents.

D. The board, in its sole discretion, may reject all applications, refuse to award a franchise or, by resolution, award a franchise to any applicant who appears from its application to be qualified to render proper and efficient solid waste removal, collection and, where applicable, transfer or disposal service to subscribers in the proposed franchise zone. The resolution may prescribe terms, conditions and requirements respecting the franchise which are in addition to those set forth in this chapter but which are not inconsistent with the express terms of this chapter.

(Ord. 1123 § 4 (part), 1997)

(Ord. No. 1379, § 44, 1-29-2013)

Upon the written request of a franchisee filed with the county executive officer and accompanied by the appropriate fee and information, the board may amend the franchise agreement to enable the county and franchisee to obtain the benefits of this chapter and subsequent amendments thereto. Any such amendment pursuant to this section shall not change the term of an existing franchise.

(Ord. 1123 § 4 (part), 1997)

(Ord. No. 1366, § 2, 11-22-2011)

The board shall set and amend by resolution a schedule of rates to be charged by the franchisee for the removal, collection, transportation and disposal of solid waste within the respective franchise zone after written notice to the franchisee and a public hearing. Where the franchise agreement includes a rate-setting methodology, the rates set by resolution of the board shall conform to that methodology. A copy of the current resolution of rates for each franchise zone shall be kept on file at all times in the office of the clerk of the board, and shall be open to public inspection during business hours of the clerk of the board.

(Ord. 1123 § 4 (part), 1997)

A person in possession of an exclusive franchise agreement for the collection, removal and transportation of solid waste in the county shall make available at least once per week garbage collection service to all residents or establishments within the franchise zone except when the board determines that disaster conditions exist which prevent such collection. If a franchisee is unable to serve any part of the established franchise zone, the franchisee must notify the county executive officer, the director and the LEA within forty-eight hours.

(Ord. 1123 § 4 (part), 1997)

(Ord. No. 1379, § 45, 1-29-2013)

Any grievance by a customer of any franchisee with respect to rates and/or service which cannot be resolved informally may be submitted to the county executive officer by the customer or franchisee by a written statement of grievance. The statement of grievance must contain a clear and concise statement of the dispute, attach any supporting documentation, and be accompanied by proof of service of a copy of the statement of grievance on the franchisee. The county executive officer may make any inquiries or investigation that he or she deems appropriate and may also require further information from the customer and/or franchisee. The county executive officer shall make his or her decision in writing, with copies to both the customer and franchisee within thirty days of the receipt of the grievance or such longer time as the parties may agree.

(Ord. 1123 § 4 (part), 1997)

(Ord. No. 1379, § 46, 1-29-2013)

The owners or tenants in possession of all properties containing commercial and/or industrial uses, multi-family dwellings (four or more units), mobilehome parks, recreational vehicle parks and resorts operating on a commercial basis and located within a franchise zone shall obtain all solid waste collection services provided under franchise by the franchisee for that zone which relate to the type and quantity of solid waste generated by the uses on the property. Where the volume of waste generated by the uses is seasonal or episodic in nature, the services to be obtained shall be calculated on such seasonal or episodic basis.

(Ord. 1123 § 4 (part), 1997)

Any person dissatisfied with a decision of the county executive officer under this chapter may appeal the decision to the board in the manner set forth in Chapter 2.88 of this code.

(Ord. 1123 § 4 (part), 1997)

(Ord. No. 1379, § 47, 1-29-2013)

A. Duty to Enforce. The county executive officer shall have, for purposes of Section 1.24.020 of the Napa County Code, the duty to enforce the provisions of this chapter.

B. Violations. It shall be a violation for any person to violate any of the provisions of this chapter which are declared to be unlawful or a public nuisance or to cause any other person to do so. In addition to any other remedy provided by law such a violation shall be enforceable as a misdemeanor pursuant to Napa County Code Sections 1.20.150 and 1.20.160 and may be abated pursuant to the procedures set forth in Chapter 1.20 of this code, commencing with Section 1.20.010.

C. Revocation of Franchises Granted Prior to April 1, 1997. Revocation of franchise agreements granted prior to April 1, 1997 which contain grounds and/or procedures in the agreements relating to revocation shall be governed by such grounds and/or procedures rather than by the grounds and/or provisions set forth in (D), below.

D. Revocation of Franchises Granted After April 1, 1997.

1. At the request of the county executive officer or on motion of the board, the board shall hold a public hearing for the purpose of considering revocation of any franchise granted or extended after April 1, 1997 and any franchise granted prior to April 1, 1997 which does not contain in the franchise agreement a procedure for revocation of the franchise.

2. Notice of the revocation hearing shall be given at least ten days prior to the hearing in a newspaper of general circulation published in the county and circulated in the franchise zone. Notice shall also be mailed at least ten calendar days before the hearing to the franchisee and any person who has filed a written request therefor with the clerk of the board. Such request, which shall be accompanied by that fee established by resolution of the board, may be submitted at any time during the calendar year and shall apply for the balance of the calendar year. The notice shall identify the time, date and place of the revocation hearing and be attached to (in the case of mailed notice) or reference the location and availability for public inspection of (in the case of published notice) a document which identifies the reasons for the hearing, the grounds for the proposed revocation, and a summary of the factual basis upon which the revocation proposal is based.

3. Any of the following may constitute grounds for revocation of a solid waste collection, removal, transportation or disposal franchise governed by this chapter:

a. Approval of the franchise was obtained by fraud or misrepresentation; or

b. The franchisee or any of its officers, employees, contractors, or agents has violated any of the conditions of the franchise and, despite notice to correct from the director, such violations have either not ceased within thirty days of receipt of such notice or the franchisee has failed within such period to cure any adverse effects of such violations on its customers or the residents of the county.

c. The franchise is being exercised in such a manner as to be detrimental to the public health, safety or general welfare.

d. The franchise is being exercised in such a manner as to constitute a nuisance, either public or private.

4. At the hearing, the franchisee may appear in person or through an employee authorized to do so in writing, may be represented by counsel, and shall have the right to inspect and obtain copies of all documents to be presented at the hearing. All witnesses presenting testimony at the hearing shall be sworn and subject to direct and cross-examination. Formal rules of evidence applicable to that of civil proceedings in the courts of the state of California shall not be applicable to the hearing but relevant evidence may be admitted and given probative effect only if it is the kind of evidence which reasonable persons are accustomed to rely upon in the conduct of serious affairs. The county shall have the burden of proof as to the existence of the grounds for revocation. The hearing may be continued from time to time in the discretion of the board. Pending decision of the board, the franchise shall remain in full force and effect.

5. Upon the conclusion of the hearing, the board shall approve a decision which shall be accompanied by findings of fact. Within three days of rendering its decision, a certified copy of the decision shall be mailed or personally delivered to the franchisee. The decision of the board shall be effective as of the date rendered and shall be final.

(Ord. 1123 § 4 (part), 1997)

(Ord. No. 1379, § 48, 1-29-2013)