Napa County Municipal Code Ch. 8.56 Solid Waste Collection and Transportation Permits

The purpose of this chapter is to promote the community health, safety and welfare and protect the environment by establishing minimum standards, including permit requirements and related enforcement procedures, for persons and vehicles involved in the collection, removal, mid transportation of solid waste within the unincorporated area of Napa County.

(Ord. 1123 § 4 (part), 1997)

The standards in this chapter shall apply to vehicles used for removing, collecting, and transporting solid wastes within the unincorporated area of the county, except that nothing in this chapter shall be deemed to regulate the transportation of solid wastes on any railroad tracks which connect to any interstate rail system.

(Ord. 1123 § 4 (part), 1997)

A. It shall be unlawful for any person to engage in the business of collecting and transporting solid waste within the unincorporated area of the county unless in the possession of a valid permit issued by the LEA for each collection vehicle or collection vehicle collect, except as otherwise provided in Section 8.56.040 of this chapter. A vehicle hauling solid waste from outside of the county or from cities within the county to a destination either within or outside of the county is not required to have a vehicle permit under this section if such vehicle is under current permit in another jurisdiction and a copy of such permit and current inspection report is submitted to the LEA upon demand.

B. To obtain a vehicle permit, a person or entity shall file an application with the LEA accompanied by that information required by the LEA and the application fee adopted by resolution of the board. The information submitted shall include, but not be limited to, the area to be served, the proposed site of disposal.

C. Within thirty days of receipt of the application, the LEA shall approve or deny the permit. This time may be extended by mutual consent of the applicant and LEA for the purpose of obtaining additional information. The LEA shall deny the permit only if the LEA determines that the proposed operation and equipment will not comply with the requirements of this chapter, all applicable local ordinances including the terms of any applicable franchise agreement, and all applicable state and federal statutes and regulations.

D. If the LEA approves the permit, the LEA shall issue the permit upon receipt of a surety bond from the applicant in the amount of not less than fifty thousand dollars ensuring faithful performance of the terms and conditions of the permit and compliance with all local, state, and federal laws and regulations. Notwithstanding the foregoing, the LEA shall not require a surety bond if the applicant is operating the vehicle or vehicles as part of a franchise agreement obtained from the Upper Valley Waste Management Agency or the board which requires the applicant to post a surety bond when the applicant will be operating the vehicle or vehicles as part of a franchise agreement obtained from the Upper Valley Waste Management Agency, the board or other public agency if that franchise requires the applicant to post a surety bond with the franchisor guaranteeing the faithful performance by the franchisee of all obligations required of the franchisee under the franchise agreement.

(Ord. 1123 § 4 (part), 1997)

A. For the purposes of this chapter, no person shall be required to possess a permit to collect and transport solid waste under one or more of the following circumstances, as long as the person complies with all sanitary requirements for the collection, transportation and disposal of solid waste:

1. The solid waste is being hauled either by the owner or occupant of the property and such hauling is solely for the benefit of such owner or occupant.

2. The solid waste consists only of construction or demolition waste hauled by an uncompensated third party acting at the request of the owner or occupant of a construction or demolition site, or by a contractor or subcontractor thereof retained by or for the benefit of the owner or occupant to perform construction or demolition at such site.

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

4. The solid waste being hauled is composed exclusively of rubbish collected from residential properties where collection from any particular property occurs no more frequently than once per calendar year or in connection with the sale or lease of the property.

B. Collectors and transporters of septic tank pumpings, hazardous wastes and/or medical wastes are not required to have a permit under this chapter but must conform to the permit requirements and regulations set forth in other sections of this code as well as all applicable state and federal laws and regulations.

(Ord. 1123 § 4 (part), 1997)

It shall be unlawful for any vehicle used in the collection or transportation of solid waste and subject to the requirement to obtain a collection vehicle permit to not have painted or permanently affixed on each side wall of the hauling body in letters at least two inches in height and one inch wide, the following information, in a color contrasting to the body color:

A. Name of the collector, transporter or company operating the vehicle.

B. Vehicle number, if more than one operated by the collector, transporter or company.

(Ord. 1123 § 4 (part), 1997)

A. It shall be unlawful and grounds for suspension or revocation of a collection vehicle permit to use a vehicle for collection and/or transportation of solid waste which does not comply with the following requirements:

1. The vehicle shall be durable, easily cleanable, designed for safe handling, and constructed to prevent loss of wastes from the vehicle during collection or transportation. If used to collect or transport garbage, other wet or liquid-producing wastes, or wastes composed of fine particles, the vehicle shall be non-absorbent and leak resistant.

2. The vehicle shall be maintained in good condition and cleaned at a frequency and in a manner approved by the LEA so as to prevent the propagation or attraction of flies, rodents, or other vectors and the creation of nuisances.

3. The vehicle shall be constructed and maintained in such a manner as to minimize the health and safety hazards to collection personnel and the public.

4. All vehicles shall carry a broom, shovel, fire extinguisher or other approved equipment deemed necessary by the LEA for clean up of spills.

5. The vehicle shall be made available for inspection upon request by the LEA.

B. It shall be unlawful to store solid waste collection vehicles on public streets or roads. The collection service operator shall designate a location where the vehicles will be parked when not in service and, except for vehicles temporarily stored in repair facilities for the purpose of repair, shall store such vehicles exclusively in the designated location. The designation shall be in writing and on file with the LEA.

(Ord. 1123 § 4 (part), 1997)

The LEA shall give prior written notice to the collection vehicle permit holder identifying all operating records required to be kept and the periodic reports on collection vehicle operations required to be submitted to the LEA, and shall allow such permit holder a reasonable period, not to exceed ninety days after receipt of such notice, to begin maintaining or generating such records or reports. After such notification and expiration of the period to commence compliance, it shall be unlawful for such permit holder to fail to keep such records, fail to submit requested periodic reports, or fail to make such collection vehicle operations records available for inspection by the LEA during business hours.

(Ord. 1123 § 4 (part), 1997)

A. Unless otherwise provided by written contract between the generator of the solid waste or recyclable materials and the authorized collection operator, solid waste and curbside recyclable materials subject to collection by a collection service operator shall become the property of the collection service operator at such time as the authorized collector takes possession of the solid waste or curbside recyclable materials or it is placed in a collection container owned by the collection service or is placed at a recognized location for collection by the authorized collector.

B. It shall be unlawful for any person to remove any recyclable materials from curbside collection areas or from any approved recycling container which is the property of the collection operator, a recycling firm, government, or any non-profit organizations authorized by the county to conduct recycling programs.

(Ord. 1123 § 4 (part), 1997)

Nothing in this chapter shall make it unlawful for any person to remove, store, or dispose of solid waste in an emergency situation where the LEA, the county health officer, or the designated county emergency services officer has determined that immediate removal, temporary storage, or disposal is necessary for the protection of public health and safety and no authorized collection operator is available and able to collect and remove the solid waste.

(Ord. 1123 § 4 (part), 1997)

A. It shall be unlawful for any person collecting or transporting solid waste within the unincorporated area of the county of Napa to fail to deposit or cause to be deposited such solid waste at a solid waste facility approved by the LEA, except as specified in Sections 8.52.110 and 8.52.140. Where the solid waste facility is located within the county, the site shall be approved by the LEA for purposes of this section only if the site has a current solid waste facility permit. If the solid waste facility is located outside the county, the site shall be approved by the LEA for purposes of this section only if the site is duly authorized under all applicable local ordinances and state laws.

B. It shall be unlawful for any person engaged in the business of collection or transportation of solid waste who is required to obtain a permit under this chapter to conduct such activities to fail, within seven days of first delivery, to advise the LEA in writing of the solid waste facility to which the person has delivered and intends to deliver in the future the materials collected or transported.

C. Nothing in this chapter shall be construed as preventing the field disposal of agricultural wastes, including but not limited to, manure and grape pomace, as long as such disposal does not create a public nuisance.

(Ord. 1123 § 4 (part), 1997)

Any person dissatisfied with a decision, other than the actual issuance of a criminal citation or complaint, made by the manager or coordinator of the LEA may appeal that decision to the board of supervisors as the local governing board of the LEA, in the manner set forth in Chapter 2.88 of this code.

(Ord. 1123 § 4 (part), 1997)

A. Duty to Enforce. Enforcement of this chapter shall be by the LEA. For purposes of Section 1.24.020 of the Napa County Code, the manager and coordinator of the LEA have 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 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 Sections 1.20.150 and 1.20.160 of this code. Such a violation may also be abated pursuant to the procedures set forth in Chapter 1.20 of this code, commencing with Section 1.20.010. If, pursuant to Section 1.20.020(A), the manager or coordinator of the LEA has determined that the violation is causing a condition or conditions imminently dangerous to human life or limb or to public health or safety, the manager or coordinator of the LEA may include in the notice of nuisance an order that the property, building, or structure be vacated or that the equipment be removed from operation and stored in a safe manner pending correction or abatement of the violation.

C. Revocation of permit.

1. At the request of the LEA, the board shall hold a public hearing for the purpose of considering revocation of any permit issued under this chapter.

2. Notice of the revocation heating shall be given at least ten days prior to the hearing in a newspaper of general circulation published and circulated in the county. Notice shall also be mailed at least ten calendar days before the hearing to the permittee, the LEA 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 permit issued under this chapter:

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

b. The permittee or any of its officers, employees, contractors, or agents has violated any of the conditions of the permit or requirements of this chapter and, despite notice to correct from the manager or coordinator of the LEA, such violations have either not ceased within thirty days of receipt of such notice or the permittee has failed within such period to cure any adverse effects of such violations on its customers or the residents of the county.

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

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

4. At the hearing, the permittee 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 the trial 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 person 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 permittee shall be allowed to continue operations unless the LEA has filed a written determination with the board that such continued operation will constitute an immediate hazard to the public health and safety.

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 permittee. The decision of the board shall be effective as of the date rendered and shall be final.

(Ord. 1123 § 4 (part), 1997)