Plumas County Municipal Code Art. 2 Regulation of Solid Waste Collectors

No person shall collect, transport, use, or dispose of solid waste in the unincorporated area of the County unless that person is the generator of such solid waste without first receiving a franchise or permit to engage in such activity. The provisions of this chapter shall not apply to any Person authorized to transport solid waste as set forth in Section 6-10.104.

(§ 2, Ord. 17-1106, adopted January 10, 2017)

(a) Solid Waste Franchises shall be granted by the Board on the authority of Section 40059 of the California Public Resources Code as currently in force or as hereafter amended, providing that the Board may grant exclusive solid waste franchises, with or without competitive bidding, under such terms and conditions as are prescribed by resolution or ordinance of the Board.

(b) Within its Franchise Area, a Franchisee shall have the exclusive right to make all collections which any owner or occupant may require pursuant to the provisions of this chapter, subject to solid waste permit(s) granted pursuant to Section 6-10.203.

(c) The franchisee shall dispose of all collected solid waste at a county-designated ultimate disposal site; provided, however, the franchisee may request, and the Plumas County Department of Public Works may issue a permit for the beneficial use of such solid waste as provided in Section 6-10.111 of this chapter, upon approval by the LEA.

(§ 2, Ord. 17-1106, adopted January 10, 2017)

(a) Upon an application, and except as provided in Section 6-10.106, the Board may grant a solid waste permit to collect, transport, or use solid waste whenever the board finds that the granting of such permit promotes the public health, safety, and welfare, and that the type(s) of solid waste to be collected, transported or used are not included in the waste types that are ordinarily collected, transported or used by an authorized solid waste collector in Plumas County.

(b) Such permits may be granted for any period not to exceed five (5) years. Such permits may be renewed upon expiration for a similar term provided the Board finds that the permit holder is capable of continuing operation in conformity with the provisions of this chapter and the rules and regulations of the Plumas County Department of Environmental Health.

(c) Every solid waste permit granted by the Board shall be subject to the provisions of Chapter 10 of Title 6 of the Plumas County Code of Ordinances and the rules and regulations of the Board. The permit shall state:

(1) The name and address of the person to whom the permit is issued;

(2) The activity authorized;

(3) The term for which the permit is granted; and

(4) Such other conditions as the Board may provide.

(d) Solid waste permits granted pursuant to this section shall be for special or limited uses and shall not be intended for collection, hauling, or disposal in competition with solid waste franchises.

(§ 2, Ord. 17-1106, adopted January 10, 2017)

(a) Upon an application, the Board may grant a recycling center permit to collect, transport, or use recyclable materials, including CRV containers, whenever the Board finds that the granting of such permit promotes the public health, safety, and welfare.

(b) Such permits may be granted for any period not to exceed five (5) years. Such permits may be renewed upon expiration for a similar term provided the Board finds that the permit holder is capable of continuing operation in conformance with the provisions of this chapter and the rules and regulations of the Plumas County Department of Environmental Health.

(c) Every recycling center permit granted by the Board shall be subject to the provisions of Chapter 10 of Title 6 of the Plumas County Code of Ordinances and the rules and regulations of the Board. The permit shall state:

(1) The name and address of the person to whom the permit is issued;

(2) The activity authorized;

(3) The term for which the permit is granted; and

(4) Such other conditions as the Board may provide.

(§ 2, Ord. 17-1106, adopted January 10, 2017)

(a) Applicants for a solid waste permit or for the renewal of such a permit to collect, transport, or use solid waste shall file with the Plumas County Department of Public Works a verified and signed application in writing which shall give the following information:

(1) The name and description of the applicant;

(2) The permanent home and business address and full local address of the applicant;

(3) The trade and firm name;

(4) If a joint venture, a partnership, or limited partnership, the names of all partners, their percentage of participation, and their permanent addresses. If a corporation, the names and permanent addresses of all the stockholders and the officers and the percentage of participation of each. If a limited liability company (LLC), the names of all of the members, their percentages of participation and their permanent addresses;

(5) A detailed explanation of the manner in which the applicant will conduct the activity for which the permit is requested;

(6) The applicant's arrangements for the disposal of all collected solid waste at a County-designated disposal site; and

(7) Facts showing that the applicant:

(i) Is able to provide efficient and reliable service;

(ii) Owns or controls sufficient vehicles and equipment, and that such vehicles and equipment conform to all applicable provisions of local, State, and Federal laws;

(iii) Shows that there is a need for a permit to be issued; and

(iv) Shows such other facts or information as Public Works may require.

The solid waste permit fee shall be as listed in the Plumas County Master Fee Schedule, and shall be payable to Public Works on the yearly anniversary of the issuance of the permit.

(b) Applicants for a recycling center permit or for the renewal of such a permit to collect, transport, or use recyclable materials shall file with the Plumas County Department of Public Works a verified and signed application in writing which shall give the following information:

(1) The name and description of the applicant;

(2) The permanent home and business address and full local address of the applicant;

(3) The trade and firm name;

(4) If a joint venture, a partnership, or limited partnership, the names of all partners, their percentage of participation, and their permanent addresses. If a corporation, the names and permanent addresses of all the stockholders and the officers and the percentage of participation of each. If a limited liability company (LLC), the names of all of the members, their percentages of participation and their permanent addresses;

(5) A detailed explanation of the manner in which the applicant will conduct the activity for which the permit is requested;

(6) The applicant's arrangements for the disposal of all collected recyclable materials; and

(7) Facts showing that the applicant:

(i) Is able to provide efficient and reliable service;

(ii) Owns or controls sufficient vehicles and equipment, and that such vehicles and equipment conform to all applicable provisions of local, State, and Federal laws;

(iii) Shows that there is a need for a permit to be issued; and

(iv) Shows such other facts or information as Public Works may require.

The recycling center permit fee shall be as listed in the Plumas County Master Fee Schedule, and shall be payable to Public Works on the yearly anniversary of the issuance of the permit.

(§ 2, Ord. 17-1106, adopted January 10, 2017)

The Board of Supervisors, by resolution, may establish solid waste collection areas (franchise areas) in the unincorporated area of the County, excluding therefrom those areas served by a franchise contractor within a separate solid waste collection jurisdiction. The Board shall specify in all franchises or permits the service area within which the franchise agreement or permit holder may collect, transport, or use solid waste within the County. No franchise or permit holder at any time shall collect, transport, or use solid waste in the County outside the limits of the area fixed in the franchise or permit, except as specified by the Board. The area specified in any franchise or permit may be modified at any time upon agreement by the franchisee or permit holder and the Administrator should the Board find such modification necessary for the efficient administration of this chapter and to best serve the public interest.

(§ 2, Ord. 17-1106, adopted January 10, 2017)

A Franchisee shall provide solid waste removal service to all premises situated within their subscription collection route area as specified in their franchise agreement, upon a request for such service by a qualified owner or occupant. A franchisee shall not be required to collect oversize, overweight, or unsafe containers, or containers at premises located outside of their subscription collection route area. A franchisee shall not be required to continue to provide solid waste removal service if the owner or occupant has failed to pay the charges for such service for a period of forty-five (45) days. Prior to terminating service for the nonpayment of charges, the franchisee, at least fifteen (15) days prior to such termination, shall provide written notice of intention to terminate, a copy of which shall be given to the Administrator.

(§ 2, Ord. 17-1106, adopted January 10, 2017)

(a) All fees shall be collected by the franchisee(s) on a fair and equitable basis.

(b) No franchisee shall charge a fee greater than the fee approved by the Board of Supervisors by resolution.

(c) Any customer who believes that they have been required to pay an unfair or unreasonable charge for any service may file a written complaint with the Administrator setting forth the facts of such alleged overcharge. The Administrator shall notify the franchisee, investigate the complaint, and determine the appropriate charge. The Administrator's determination shall be final, unless it is appealed as provided in Section 6-10.408.

(§ 2, Ord. 17-1106, adopted January 10, 2017)

The respective duties and responsibilities of the franchisee(s) and the County shall be further specified in a franchise agreement which is consistent with this chapter.

(§ 2, Ord. 17-1106, adopted January 10, 2017)