Napa County Municipal Code Ch. 8.58 Solid Waste Facilities

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 non-transient equipment and facilities for the storage, transfer, processing, treatment and/or disposal of solid wastes within the unincorporated area of Napa County which are consistent not only with the Integrated Waste Management Act (California Public Resources Code Sections 40000 et seq.) and regulations promulgated by the state thereunder but also with the standards, permit requirements, and enforcement procedures utilized by the LEA within the unincorporated areas of Napa County and the unincorporated area lying within the jurisdiction of the Upper Valley Waste Management Agency.

(Ord. 1123 § 4 (part), 1997)

The standards in this chapter shall apply to facilities, equipment, and vehicles used for the storage, transfer, processing, treatment and/or disposal of solid wastes within the unincorporated area of Napa County.

(Ord. 1123 § 4 (part), 1997)

After the effective date of the Napa County Integrated Waste Management Plan required by Section 40900 of the Public Resources Code, or any amended or subsequent integrated waste management plan adopted for the county, any permit or modification thereof issued by the LEA under this chapter for a new, enlarged, or modified solid waste facility shall be issued only if the facility will be in conformance with the plan.

(Ord. 1123 § 4 (part), 1997)

A. It shall be unlawful and a public nuisance for any person to operate a solid waste facility without first obtaining a solid waste facility permit as required by state law or a county composting facility permit as required by this chapter and complying with all of the terms and conditions of the permit. Any significant modifications to the facility or the operations conducted thereon shall require amendment of the permit, which shall be processed in the same manner as the original issuance of the permit.

B. For purposes of this section, "significant modification" shall mean any modification to the facility or facility operations which results in one or more of the following:

1. The modification substantially alters the overall concept, design, density, intensity, frequency, volume, hours of operation, or operating methods of the facility or operation from the parameters specified in the permit as originally issued or, if amended, as last amended; or

2. The modification affects the environmental impacts of, substantially alters or deletes any environmental mitigation required by the LEA in connection with the permit issued by the LEA or required by the County in connection with any use permit issued for the facility or operation, or creates any new significant adverse environmental impacts.

(Ord. 1123 § 4 (part), 1997)

It shall be unlawful for any person to feed to animals garbage produced offsite without first obtaining from the LEA, and complying with the terms of, a county garbage feeding permit, which shall include, but not be limited to, the following conditions:

A. The permittee shall construct and install feeding platforms of sanitary construction.

B. The permittee shall maintain the premises in a sanitary manner at all times.

C. The permittee shall dispose of the uneaten residue of garbage within twenty-four hours of the original deposit of the garbage on the feeding platforms, in a manner complying with the provisions of this code and all applicable statutes.

D. All vehicles used in transporting the garbage from the site of generation to the site of feeding shall be subject to the solid waste collection vehicle permit requirements set forth in Chapter 8.56.

(Ord. 1123 § 4 (part), 1997)

A. The following operational sites shall be exempt from the permit requirement set forth in Section 8.58.040:

1. A solid waste facility permit shall not be required for grocery store and state registered recycling centers.

2. A solid waste facility permit shall not be required for facilities which collect, store, process, use or transfer for re-use only source-separated recyclables.

B. A solid waste facility permit shall not be required for the following facilities, the board finding in adopting this subsection that such exemptions are not against the public interest, the quantity of solid wastes is insignificant, and the nature of the activities as otherwise authorized to be conducted poses no threat to health, safety, or the environment:

1. A landfill which receives only wastes generated by the facility owner or operator in the extraction, beneficiation, or processing of ores and minerals.

2. A cemetery which disposes on-site only the grass clippings, floral wastes, or soil resulting from activities on the grounds of the cemetery.

3. A farm or ranch disposal site granted exemption by the LEA in accordance with Section 18215(b)(5) of Title 14 of the California Code of Regulations upon application by the owner as long as the LEA finds that all of the following exist:

a. The disposal site is located on a parcel of land in the unincorporated area of the county which is outside of any established solid waste franchise zone.

b. Only solid waste generated by the owner or residents on the parcel, living within no more than two single-family dwelling units as defined in Section 18.05.580, will be disposed of in the site.

c. Disposal of the solid waste in a permitted disposal facility is impractical due to inaccessibility of the parcel to motor vehicle land traffic.

d. The solid waste is placed in a pit or trench which complies with the setbacks set forth in Section 8.58.150 of this code and is at least three feet deep and no greater than six feet deep.

e. The solid waste disposed of in the pit is covered immediately with at least two feet of clean fill.

f. The solid waste is disposed of in the pit at least once per week.

g. The solid waste, once buried, is not disturbed, moved or excavated without prior approval from the LEA.

4. No solid waste facility permit shall be required for the burial of dead animals where all of the following conditions are met:

a. Each animal is buried in a separate pit.

b. The burial pit meets those setbacks set forth in Section 8.58.150 and is not reasonably likely to be disturbed in the near future.

c. The burial pit is of sufficient size and depth to allow the animal to be covered completely with a minimum of three feet of soil. Backfill material shall be compacted and at least three feet deep from the top of the burial pit to the animal. If the animal is placed in the pit within a plastic bag, the end of the bag shall be left open.

d. The burial pit shall not contact or impact in any way upon the underlying groundwater.

e. The animal shall not have had, or be suspected of having had any contagious disease that would endanger human or other animal health by such disposal.

f. Nothing in this subsection (4) shall prohibit the emergency burial or other disposal of livestock or other animals for the protection of public health or the health of other livestock or animals if, after consultation with all agencies having jurisdiction, such action is deemed necessary and safe and is conducted in accordance with conditions specified by the manager or coordinator of the LEA.

C. No county composting permit shall be required for any person to compost green material generated upon their own property or contiguous property, providing such composting is conducted in a manner which will not to promote the propagation, harborage, or attraction of vectors, or the creation of nuisances, and the operation either composts less than two thousand cubic yards per year and contains on-site (including feedstock, finished compost, and material being composted) less than two hundred cubic yards on any day or is either subject to a state solid waste facility permit or must notify the LEA pursuant to Title 14, Division 7, Chapter 3.1 of the California Code of Regulations.

D. After a public hearing, the LEA may, pursuant to Section 18215 of Title 14 of the California Code of Regulations, exempt the following from the requirement to obtain a solid waste facility permit if the LEA finds that the exemption will not be against the public interest, the quantity of solid wastes is insignificant, the use is permitted under all applicable zoning regulations, and the nature of the solid wastes poses no significant threat to health, safety or the environment, and if, within seven days of granting the exemption, the LEA has forwarded a copy of the exemption to the Integrated Waste Management Board:

1. Facilities or portions thereof doing research funded primarily by government grants.

2. Road construction disposal sites for short-term use (less than ninety days), in which only inert wastes are to be placed by city, county, or state street or road departments.

3. Drilling mud disposal sumps for short-term use (less than one year) if significant quantities of hazardous or toxic materials are not present in the mud, fluids and cuttings from drilling and associated operations and if the sites have waste discharge requirements from a California Regional Water Quality Control Board.

4. Unclassified waste management units having waste discharge requirements from a California Regional Water Quality Control Board.

5. Material recovery facilities (MRFs) intended only for demonstration purposes and not for profit.

6. Disposal sites to be used exclusively for one of the following: spreading of either cannery wastes or oily wastes, mine tailings, ashes and residues, agricultural wastes, street sweepings, dirt from excavations, slag if disposed of on-site, or waste water treatment sludge if disposed of on-site or to specified agricultural lands.

7. Evaporation ponds for disposing of salts from oil and geothermal drilling operations if the ponds have Waste Discharge Requirements.

(Ord. 1123 § 4 (part), 1997)

A. In General. Application for any of the permits required by Section 8.58.040 shall be made to and upon forms provided by the LEA and shall be accompanied by that application fee required by resolution of the board.

B. County Composting Permit. In addition to any other information required by the LEA, any person applying for a county composting permit to operate a solid waste facility not required by state law to have a facilities permit or notification of the LEA, but which composts either two thousand cubic yards or more per year or contains on-site two hundred or more cubic yards (including feedstock, finished compost, and material being composed) on any day shall include with the county permit application a plan of operation, site plan drawn to scale showing the location of all adjoining parcel boundaries, residences, institutions or businesses located within one thousand feet of the proposed facility. The plan of operation shall include, but not be limited to, the following:

1. A description of the composting processes to be used, including estimated quantities of feedstocks, additives, and amendments.

2. A descriptive statement of the operations to be conducted at the facility.

3. A schematic drawing of the facility showing layout and general dimensions of all processes utilized in the production of compost including, but not limited to, unloading, storage, processing, parking, and loading areas.

4. A description of the proposed methods used to control litter, odors, dust, rodents, and insects.

5. A description of the proposed emergency provisions for equipment breakdown or power failure.

6. A description of anticipated maximum and average length of time compost will be stored at the facility.

7. A description of compost equipment used at the facility including type, capacity, and number of units.

8. Anticipated annual operation capacity for the facility in cubic-yards.

9. A description of provisions to handle unusual peak loadings.

10. A description of the proposed method for storage and final disposal of non-recoverable or non-marketable residues.

11. A description of the water supplies for process water required.

12. Identification of person(s) responsible for oversight of facility operations.

(Ord. 1123 § 4 (part), 1997)

It shall be unlawful for any person to operate a composting facility which is required under this chapter to have a county composting permit unless such operations comply with all of the following requirements:

A. The facility is operated in a manner which does not create conditions constituting a public nuisance as the result of vectors, dust, particulate matter, blowing debris, odors, or pathogenic organisms.

B. The facility operates within the parameters set forth in the application unless modified by the LEA in the permit or in a subsequent amendment of the permit approved by the LEA.

C. The operator of the facility submits a written report to the LEA no less than quarterly which describes the amount of feedstock received at the facility (by volume, weight or other recording method approved by the LEA), the source of the material, and the volume of compost completed during the preceding quarter.

D. The operator of the facility allows the LEA to inspect the facility during normal business hours and no less than monthly during periods of active composting and at least three times annually, to check for compliance with these requirements.

(Ord. 1123 § 4 (part), 1997)

A. Upon determining that the applicant has provided all information required by the LEA, and that the proposed facility complies with the provisions of this chapter, all applicable local ordinances, and all applicable state and federal regulations and statutes, the LEA shall issue a revocable permit. Unless a longer period is mutually agreed to by the LEA and the applicant for the purpose of obtaining necessary information, the LEA shall act to approve or deny the permit within thirty days of receipt the application.

B. Such permit is not transferable from person to person or location to location.

C. A solid waste facility permit issued by the LEA, following concurrence by the Integrated Waste Management Board when required, shall continue in effect until suspended or revoked.

D. The term of a county composting permit shall commence upon issuance of the permit by the LEA and shall continue in effect until the permit is suspended or revoked or the facility has ceased operation for a period of eighteen consecutive months, whichever occurs first.

E. All solid waste facility permits issued under this chapter, other than a county composting permit, shall be subject to review at least once every five years in the manner set forth in Section 18213 of Title 14 of the California Code of Regulations.

(Ord. 1123 § 4 (part), 1997)

In addition to any other specific grounds set forth in this chapter, the LEA shall deny or withhold a permit for which an application has been made under this chapter, or suspend an existing permit if, in its judgment, the facility or the operations conducted thereon are insufficient, unfit, or incapable of being used, maintained or established in compliance with this chapter or any other ordinance of the county, the rules and regulations of the LEA, or any state or federal regulations or statutes.

(Ord. 1123 § 4 (part), 1997)

A. It shall be unlawful, and grounds for suspension or revocation of a permit granted under this chapter, for any person owning, leasing, operating, or otherwise using any vehicles, equipment, facilities, premises or properties on or in connection with any solid waste facility, whether open or closed and including a facility exempt from permit requirements under Section 8.58.060 (B) through (D), to;

1. Fail to take adequate steps to keep or ensure that such vehicles, equipment, facilities, premises or properties are kept in a clean and sanitary condition reasonably free of vectors, noxious or unpleasant odors persistently detectable off-site without the use of detection equipment, litter, or any other threats to public health; or

2. Fail to take adequate steps to store or ensure that any solid waste or recyclable materials located on the facility site are stored in a manner that reasonably prevents significant and/or persistent propagation, harborage, or attraction of flies, rodents or other vectors, or the creation of fire hazards.

B. For the purpose of determining whether the permittee has complied with all of the terms and conditions of any permit issued for a solid waste facility or whether the owner or operator of a solid waste facility has failed to comply with the requirements set forth in subsection (A) of this section, all solid waste facilities and associated vehicles, equipment and premises shall be open to inspection by the LEA during normal business hours.

C. It shall be unlawful for any person owning or operating a solid waste facility subject to inspection under (A) to fall to pay to the LEA a non-refundable inspection fee in that amount set by resolution of the board. For closed, illegal, abandoned and permit-exempt facilities, the inspection fee shall be due and payable on or before July 1st of each year. For permitted operating facilities, the inspection fee shall be paid quarterly, with the first quarter beginning July 1st. Separate fees may be adopted for each of the following types of facilities: petroleum contaminated soil facilities, material recovery facilities, solid waste transfer stations, incinerators, solid waste landfill or historic disposal sites, closed disposal sites, composting facilities (state permit), composting facilities (county permit), and facilities exempt from permit under Section 8.58.060 (B) through (D).

(Ord. 1123 § 4 (part), 1997)

A person requesting the LEA to engage in consultation, plan review, review of closure and post closure plans, remediation plans and site inspections in addition to those activities associated with application, inspection, or enforcement against a solid waste facility shall pay a fee for such services at an hourly rate set by resolution of the board.

(Ord. 1123 § 4 (part), 1997)

Every person proposing to engage or continuing to engage in the operation of a solid waste facility, except for facilities exempt from permit under Section 8.58.060(A) shall submit to the LEA the required report of site information at the time of applying for the facility permit or exemption approval. Every person or entity owning or operating a solid waste facility for which a permit has been issued who proposes to make significant changes in the design or operation of the facility shall submit a new or revised report of site information to the LEA at the time of application for the amended permit or, if an exempt facility, at the time of payment of the inspection fee. It shall be unlawful and a public nuisance to fail to comply with the reporting requirements of this section. Where the facility is required to obtain a permit under this chapter, failure to submit the report or revised report shall be grounds for denial of the permit or permit amendment.

(Ord. 1123 § 4 (part), 1997)

A. A copy of the current schedule of the rates for each solid waste facility within the unincorporated area of the county required to obtain a permit under this chapter shall be filed with the LEA. As used in this section, "rates" means all charges by the solid waste facility to customers.

B. Failure to comply with the requirements of this section may constitute grounds for suspension of the solid waste facility permit. Persistent or recurrent failure to comply may constitute grounds for revocation of the solid waste facility permit.

(Ord. 1123 § 4 (part), 1997)

A. It shall be unlawful for any person to operate any of the following disposal sites, except in accordance with the following setbacks, whether or not a solid waste facility permit is required by law for such operation. For a facility which is required under this chapter to obtain a solid waste facility permit or county composting permit, these setbacks shall be minimum setbacks and greater setbacks may be prescribed by the LEA in the solid waste facility permit or county composting permit as measures necessary to mitigate adverse environmental impacts specific to the site.

1. Burial of Dead Animals. Any site used for the burial of dead animals, other than mass burial sites which shall be subject to a solid waste facility permit, shall be located so as to not be disturbed in the near future and shall meet all of the following setback requirements:

a. Property lines (legal parcel boundaries) 25 feet

b. Streams, creeks, ponds, lakes (high water mark) 100 feet

c. Water wells, springs 100 feet

d. Major cuts, embankments 25 feet

e. Dwelling units 100 feet

f. Other structures 25 feet

2. Permitted Solid Waste Landfills. The maximum and ultimate operating perimeter of a solid waste landfill first subject to a solid waste facility permit issued after April 1, 1997 and handling garbage or other putrescent solid wastes or combination thereof, friable asbestos waste, or other potentially odiferous waste shall be set back no less than one thousand feet from any legal dwelling unit or legal nonconforming dwelling unit recognized as such in a certificate of legal nonconformity issued by the county under this code, other than those which are owned by the facility owner or operator.

3. Exempt Facilities. The operating perimeter of a solid waste landfill first granted a written permit exemption after April 1, 1997 under Section 8.58.060(B) through (D) shall be set back no less than one hundred feet from all legal parcel lines, ephemeral creeks, streams, creeks, rivers, ponds, lakes, springs, wells and other drinking water supplies, and dwelling units and no less than twenty-five feet from other structures, and shall not contact or impact in any way upon the underlying groundwater.

4. Composting Facilities. The operating perimeter of composting facilities subject to a county composting permit first issued after April 1, 1997 or a solid waste facility permit for composting first issued after April 1, 1997 pursuant to Section 18100 of Title 14 of the California Code of Regulations shall be set back at all times no less than one thousand feet from any legal conforming dwelling unit or legal nonconforming dwelling unit recognized as such in a certificate of legal nonconformity issued by the county under this code, except those dwellings owned by the facility owner or operator. This one thousand foot setback shall not apply to composting facilities where the facility and the dwelling unit are both located entirely within lands identified in the county general plan as "Industrial" and in the Airport Industrial Area Specific Plan as "General Industrial," or are both located entirely within lands designated in the county general plan as "Public/Quasi Public Lands."

5. Incinerators. The perimeter of a solid waste facility which is an incinerator cogeneration plant using solid waste as fuel and which is first issued a solid waste facility permit after April 1, 1997 shall be set back no less than one thousand feet from any dwelling unit, except those dwellings owned by the facility owner or operator.

B. The setbacks set forth in (A)(2) through (4) of this section shall not apply to solid waste landfill disposal facilities or sites or to composting sites permitted and in existence prior to April 1, 1997 or to expansions of such sites if contiguous or adjacent thereto as long as such expansions do not themselves create a setback violation.

(Ord. 1123 § 4 (part), 1997)

It shall be unlawful for any person to own, lease, or operate within any closed solid waste disposal site except in compliance with monitoring parameters determined by the LEA. Such determination shall specify the nature, duration, frequency, and manner of recording the monitoring.

(Ord. 1123 § 4 (part), 1997)

At least fourteen days prior to closure of a solid waste transfer or processing station, the LEA shall be notified of the proposed closure. Within seven days after closure, all solid waste and recyclable materials and storage containers shall be removed from the site and all signs shall be replaced with signs indicating the station is closed and that no solid waste or recyclable materials may be placed at the site. Failure to comply with the requirements of this section shall be unlawful and a public nuisance.

(Ord. 1123 § 4 (part), 1997)

The LEA shall give prior written notice to the operator of any solid waste facility identifying all operating records required by the LEA, and shall allow the operator a reasonable period, not to exceed ninety days after receipt of such notice, to begin generating or maintaining such records. After such notification and expiration of the period to commence compliance, it shall be unlawful for the operator to fail to keep such records, to fail to make such records available to the LEA for inspection during business hours, or to fail to submit copies of weight/volume records to the LEA on that regular basis determined by the LEA to be necessary based upon the nature, intensity, and seasonality of the operation.

(Ord. 1123 § 4 (part), 1997)

A. Any person who is denied a permit, whose permit is suspended or revoked, who disagrees with the terms and conditions of a permit, or who is otherwise aggrieved by any determination of the LEA under this chapter may appeal such action to the designated hearing panel appropriate to hear such appeals pursuant to Chapter 4 of Part 4 of Division 30 of the California Public Resources Code (commencing with Section 44300) and Chapter 5, Article 2 of Title 14 of the California Code of Regulations. The hearing panel shall be the board where the matter being appealed does not involve or affect a publicly-owned solid waste facility within Napa County. In the event of such involvement or effect, the hearing panel shall be the independent hearing panel established pursuant to Section 18081 (d)(2) of Title 14 of the California Code of Regulations.

B. The appeal shall be subject to the time periods and procedures set forth in the state regulations and statutes set forth in subsection (A) and shall also be subject, to the extent consistent with the state regulations and statutes, to the appeal procedures set forth in Chapter 2.88 of this code.

C. The application for appeal to the hearing panel shall accompanied by that fee adopted by resolution of the board.

D. Any person aggrieved by a decision of the hearing panel or, following application therefor, the failure of the hearing panel to make a decision regarding any solid waste facility may appeal the decision or lack thereof to the California Integrated Waste Management Board in accordance with the procedures set forth in Chapter 1 of Part 6 of Division 30 of the California Public Resources Code (commencing with Section 45030).

E. Notwithstanding anything in this section, appeal of any action or inaction of the LEA in relation to a county composting permit or a facility exempt under this chapter from any permit requirement shall be subject only to the procedures set forth in Chapter 2.88 of this code and the decision of the board on any such appeal shall be final.

(Ord. 1123 § 4 (part), 1997)

A. Duty to Enforce. Enforcement of this chapter shall be by the LEA and shall include those powers and procedures set forth in Chapter 1 of Part 5 of Division 30 of the California Public Resources Code (commencing with Section 45000). 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. Violations of this chapter other than those pertaining to county composting permits and facilities exempt from permits shall be punishable by civil penalties as set forth in Sections 45000 et seq. of the California Public Resources Code. Violations of any of the requirements of this chapter pertaining to county composting permits or facilities exempt from permits shall be enforceable as a misdemeanor pursuant to Sections 1.20.150 and 1.20.160 of this code and may be abated as a public nuisance pursuant to the procedures set forth in Chapter 1.20 of this code, commencing with Section 1.20.010.

(Ord. 1123 § 4 (part), 1997)