San Benito County Municipal Code Art. I General Provisions

The Board adopts this chapter based, in part, on the findings specified in this section:

(A) The accumulation, collection, transportation and disposal of solid waste involves substantial concerns about groundwater quality, air quality and public health;

(B) In California, the generation of solid waste continues to grow in volume, exacerbating these concerns;

(C) The State of California has recognized the concerns over these issues caused by solid waste generation. In response to these issues, the state enacted Cal. Public Resources Code Division 30 (§§ 40000 et seq.), entitled “Waste Management”;

(D) The state has determined that the responsibility for waste management is a shared responsibility between the state and local governments;

(E) In this regard, the state has imposed certain mandates upon local governments such as the County of San Benito. The state has also preserved the county’s authority to regulate solid waste in particular matters, including, without limitation, matters which concern public health, safety and welfare as well as matters of local concern;

(F) This chapter is enacted pursuant to the county’s general police power to protect public health, safety and welfare and because the matters regulated herein are of local concern. Such matters include the accumulation, collection of, transportation of and disposal of solid waste in San Benito County. This chapter is also enacted to promote, the purposes of Cal. Public Resources Code Division 30. The chapter is consistent with the purposes of Cal. Public Resources Code Division 30;

(G) The regulations contained in this chapter are adopted pursuant to the authority specified in these findings because the public health, safety and welfare require the regulations herein and because the accumulation of solid waste in the county, the collection of solid waste location in the county, the transportation of solid waste in San Benito County for disposal in the county and disposal of solid waste in the county per se, are matters of local concern;

(H) Cal. Public Resources Code Division 30 recognizes the existing legal authority of the county to restrict the collection, transportation and disposal of solid waste in the county to those entities which possess franchises to do so. The Board concludes that the problems of solid waste handling and the needs of the public require the adoption of regulations for the collection, transportation and disposal of solid waste; and

(I) The Board determines that the transportation franchise requirement particularly is an essential component of the county’s solid waste program in that the franchise requirement will encourage both recycling efforts and the reduction of the waste stream. These goals shall be additionally accomplished within local jurisdictions by the creation and implementation of the county’s integrated waste management plan. By these regulations, the Board desires to increase recycling efforts, reduce the waste stream and encourage local economic efforts in accomplishing state waste management goals.

(1966 Code, § 25-1) (Ord. 619, § 2(part); Ord. 724, § 1(part))

For purposes of this chapter, the following definitions shall apply unless the context requires otherwise. In the absence of an express definition in this chapter, the definitions provided in Cal. Public Resources Code Division 30, §§ 40000 et seq., shall be used.

BOARD. The Board of Supervisors of the County of San Benito.

BULK CONTAINERS. Those containers larger than standard size household containers (approximately 32-gallon size) or those that generally require emptying by mechanical device.

COMMERCIAL COLLECTION OR COMMERCIAL TRANSPORTATION OF SOLID WASTE. Occurs when one person collects or transports the solid waste generated by another person for consideration, or when a person transports or collects 1,000 pounds or more of solid waste per load.

CONTAINER. Any receptacle in which solid waste may be stored.

COUNTY. The County of San Benito, a political subdivision of the State of California.

CONSTRUCTION OR DEMOLITION DEBRIS. The useless, unused, unwanted or discarded construction materials used or removed from a site during the construction, razing or renovation of a structure.

DISCRETIONARY COLLECTION AREA. A geographic area designated or specified in this chapter or by resolution of the Board of Supervisors in which solid waste collection services may be provided by any individual or commercial enterprise and which is not subject to exclusive franchise collection, in all places or premises in the unincorporated area which generate solid waste including commercial buildings.

FRANCHISE. The right granted to a person to collect solid waste located in the unincorporated area of San Benito County or to transport solid waste in the unincorporated area of the county for disposal in the unincorporated area of the county.

MANDATORY COLLECTION AREA. A geographic area designated or specified in this chapter or by resolution of the Board of Supervisors in which solid waste collection services must be provided by the exclusive franchise collector to all places or premises in the unincorporated area which generate solid waste, including commercial buildings and where owner or occupier of the parcel must subscribe to the services.

PERSON. Without limitation, any individual, corporation, public or private, for profit or non-profit; partnership; limited liability company; association; municipality; public agency; or trust or entity of any nature.

RECYCLABLES. Solid waste which is aluminum, glass bottles and jars, paper, newspaper, cardboard (all fiber), plastic containers, tin and bi-metal, white goods, yard or green waste and other material which can be processed and returned to the economic mainstream in the form of raw material for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace.

SERVANT. Anyone who manifests, consents to act on behalf of, and subject to the control of, another. For purposes of this definition, the right to control is the right to control the physical aspects of the work performed by the servant.

SOLID WASTE. The same meaning as specified in Cal. Public Resources Code § 40191 or any subsequent amendments to § 40191. SOLID WASTE also includes materials which are or may be recyclable or reusable. SOLID WASTE also includes sewage.

SOLID WASTE FACILITY. The same meaning as specified in Cal. Public Resources Code § 40194 or any subsequent amendments to § 40194.

SOURCE SEPARATION. The separation or segregation of solid waste, at the place of generation or production of waste and resources for separate collection, processing, recycling, reuse, recovery or disposal.

TRANSPORTING SOLID WASTE. To move, or cause to be moved by any means, solid waste from the site where generated or stored to another non-adjacent site where disposed or stored.

VOLUNTARY COLLECTION AREA. A geographic area designated or specified in this chapter or by resolution of the Board of Supervisors in which solid waste collection services must be provided by the exclusive franchise collector to all places or premises in the unincorporated area which generate solid waste, including commercial buildings and where owner or occupier of the parcel may subscribe to the services.

WASTE. Any material, solid, semisolid or liquid which are discarded or unused materials, would be discarded or unused but for a secondary use or reuse.

(1966 Code, § 25-2) (Ord. 619, § 2(part); Ord. 724, § 1(part); Ord. 739, § 1; Ord. 749, § 1)