Article III — SOLID WASTE AND RECYCLABLES COLLECTION

(A) It is unlawful for any person to commercially collect solid waste or recyclables in the unincorporated area of the county unless the person has been granted a franchise to collect solid waste or recyclables by the County of San Benito, or unless the person is exempt from the franchise requirement. (B) (1) Mandatory collection area, collection required. (a) The exclusive franchise collector shall collect all solid waste generated from all residential, commercial and industrial properties in the unincorporated county as designated on Exhibit A and all residential, commercial and industrial property as designated in any resolution of the Board of Supervisors establishing mandatory residential, commercial and industrial collection services regardless of whether or not these services were requested by the affected property owner or tenant. (b) All residential county service areas consisting of ten lots or more, now in effect and which shall become in effect, shall be designated mandatory solid waste and recycling collection areas. (2) Payment. Residential property owners and/or tenants and owners of commercial and industrial businesses subject to the mandatory collection area requirements pursuant to divisions (B)(1)(a) and (h) of this section shall pay the rates as established in the franchise agreement, then in effect. (3) Exemptions. Mandatory solid waste collection shall not apply to those premises in mandatory collection areas which

meet one of the criteria specified in this division if the exemption has been applied for by the owner or the exclusive franchise collector and granted by the county’s Health Officer or his or her designated representative. The Health Officer shall cause periodic inspections of the premises to be made 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 forthwith at the expense of the property owner. (a) The property is undeveloped or is vacant; (b) All solid waste generated on the premises is recycled or composted; and (c) Residential properties with long, narrow or steep driveways in instances where the exclusive franchise collector, in the opinion of the Health Officer, is unable to properly and safely utilize the collector’s equipment when granting such an exemption does not create a nuisance for other residences. (d) Residents and businesses in a mandatory service area may opt-out of collection and disposal services and the obligation to pay provided they can provide proof/documentation that they are disposing of their refuse in a legally permitted facility, recycling and/or composting. (C) (1) Voluntary collection area, collection not required. (a) The exclusive franchise collector shall collect all solid waste generated from all residential, commercial land industrial properties in the unincorporated county as designated on Exhibit A and all residential, commercial and industrial properties designated in any resolution of the Board of Supervisors establishing voluntary collection services if the services are requested by the affected property owner, tenant or business owner. If so requested, all solid waste shall be collected from the residence or business as designated pursuant to this division at least once a week. (b) Exhibit A shall be amended to include page 1037 of Thomas Brother Guide Maps, Edition 2002, Metropolitan Monterey Bay. (2) Payment. Residential property owners and/or tenants and owners of commercial and industrial businesses subject to the voluntary collection area requirements pursuant to divisions (C)(1) of this section shall pay the rates as established in the franchise agreement, then in effect. (D) Discretionary collection shall occur in those areas in the unincorporated area of the county not designated on Exhibit A as either mandatory or voluntary collection areas. Solid waste collection which does occur in the discretionary area shall be conducted in a manner which is in compliance with all applicable regulations. (1966 Code, § 25-13) (Ord. 619, § 2(part); Ord. 724, § 1(part); Ord. 749, § 3; Ord. 776, § 4; Ord. 834, § 2)

(A) The Board may determine, pursuant to state law, if a collection franchise shall be awarded exclusively or non- exclusively, with or without competitive bidding. The Board shall specify the duration of the franchise agreement or permit and shall specify, by resolution, an appropriate franchise fee. (B) The Board may grant non-exclusive solid waste collection franchise agreements or permits for solid waste collection service in the discretionary area, as defined in § 15.01.040(D). The Board may also grant non-exclusive collection franchise agreements or permits for collection within the unincorporated county. The franchise agreements or permits shall be known as “solid waste collection” and “roll-off collection” and shall be granted subject to any franchise fees which may be established, from time to time, by resolution of the Board. In no case shall that franchise fee exceed that which is charged for the exclusive franchise. (C) The Director of Integrated Waste Management or designee shall have the authority to grant non-exclusive solid waste and roll-off collection franchise agreements or permits pursuant to the non-exclusive franchise or permit system approved by the Board. (1966 Code, § 25-14) (Ord. 619, § 2(part); Ord. 724, § 1(part); Ord. 776, § 5; Ord. 834, §§ 3, 4; Ord. 1063, § 1, 2024)

The Board retains the authority and right to require, by resolution or by franchise agreement, as a condition of the granting of a franchise for the collection of solid waste that the solid waste collector shall file with the Clerk of the Board an undertaking, in an amount and in a form to be fixed by the Board in such resolution or franchise agreement. The undertaking, if required, shall be conditioned to guarantee the faithful compliance with this chapter and with the franchise agreement. (1966 Code, § 25-16) (Ord. 619, § 2(part); Ord. 724, § 1(part))

A solid waste, soil, or fill material collector operating under a franchise shall comply with all conditions specified in the franchise agreement and all provisions of this chapter. (1966 Code, § 25-17) (Ord. 619, § 2(part); Ord. 724, § 1(part); Ord. 1,020, § 2)

(A) The following persons are exempt from the solid waste collection franchise requirement specified above and may collect the solid waste enumerated below without approval of the county: (1) A collector of animal waste and remains from slaughterhouses or butcher shops for use as tallow; (2) The owner or occupier of any parcel in the unincorporated area of the county or the servant of any such owner or occupier who personally collects and transports the solid waste generated on the parcel to a fully licensed public disposal facility, except as provided in § 15.01.040(B)(1) of this chapter; and (3) The collection of solid waste authorized by federal or state law if the authorizing law preempts the requirements of this chapter. (B) All exempt entities specified above shall comply with all sanitary requirements for the collection, transportation and disposal of solid waste. The existence of any collection exemption above do not necessarily imply the existence of any transportation franchise exemption. (1966 Code, § 25-18) (Ord. 619, § 2(part); Ord. 724, § 1(part); Ord. 749, § 4)

(A) It shall be unlawful for any person, firm or corporation to take, steal or disturb any recyclable materials including newspapers, beverage cans, glass, aluminum and plastic containers for food and beverage and any other materials which may be designated for recycling provided however, that this prohibition shall not apply to the owner, lessee, or occupant of a residential dwelling or commercial building with respect to recyclable materials stored or set out for collection by the owner, lessee, or occupant of a residential dwelling or commercial building. (B) No person, other than the customer who has contracted for service with a permittee or a person with such customer’s consent, shall deposit refuse into a commercial refuse bin, drop box or compactor placed in the unincorporated area by a permittee for the purpose of receiving refuse. (C) Nothing in this section shall limit the right of a person, organization or other entity to donate or sell source separated recyclables generated by such person, organization, or entity before they are deposited in a container or a designated recycling collection location for collection by an authorized recycling contractor. Once recyclables are deposited in a container or commercial bin or a designated recycling collection location, the recyclables become the property of the authorized recycling contractor.

No building permit shall be issued until a solid waste diversion plan has been submitted to and approved by the Integrated Waste Management Department. Failure to submit a plan shall prevent the issuance of a building permit. Permitees are required to divert a minimum of 50% of their waste. A permit holder who has not diverted 50% of the construction or demolition waste from disposal shall be required to pay the County of San Benito an amount equal to the rate per ton for disposal of mixed waste at the John Smith Road Landfill existing at the time the penalty is calculated times the number of tons of waste that were not properly diverted as required by this section. Funds generated from any penalties collected will be set aside in a separate fund for waste diversion activities in the County of San Benito. Final occupancy will not be signed off until the permitee has submitted their waste diversion documentation and/or paid the penalty, if any, to the Integrated Waste Management Department. Sample solid waste diversion plans shall be available for permitees' use. (Ord. 834, § 5)