San Benito County Municipal Code Art. II Accumulation of Solid Waste

(A) Every person owning or possessing any land, dwelling or industrial, commercial or business structure or premises, where solid waste is produced, generated or accumulated, except for a person owning or possessing an approved solid waste facility, shall provide and maintain on the premises suitable containers of sufficient capacity to store the accumulations of solid waste during the intervals between collection or disposal.

(B) Every contractor or builder engaged in the erection, demolition or repair of a structure shall provide a container at or near the building for the deposit and storage of any solid waste or demolition debris resulting from the erection, demolition or repair work.

(C) In multiple-occupancy structures or premises, when solid waste containers are not provided or maintained by the landlord, it shall be the responsibility of the tenant to provide and maintain adequate, approved containers.

(1966 Code, § 25-3) (Ord. 619, § 2(part); Ord. 724, § 1(part))

(A) Container types. A solid waste container for other than bulk accumulation shall be a watertight galvanized metal container, or its equivalent, with a tight-fitting lid. The containers and covers shall be in good repair, leakproof, free from holes, fly-tight and rodent-proof. Containers shall be equipped with handles adequate to lift the weight of a full container without breaking or bending. The container shall be maintained in a sanitary condition by the owners or users thereof and covers shall not be removed except for the purpose of placing solid waste therefrom.

(B) Maximum weight of filled containers. No person shall fill a container for solid waste or recyclables so as to exceed 60 pounds in weight when filled.

(C) Source separation. All persons in the county shall separate all recyclables from other solid waste generated at their premises and shall place the recyclables into a different container so as to facilitate segregation at a solid waste facility. An owner or agent of an owner of a multi-family rental housing property with three or more units shall comply with its separation responsibilities by establishing a collection and storage system at each premise. The collection and storage system shall be submitted to the Planning Department and county’s Health Officer for approval.

(D) Household hazardous waste. Every person in the county shall separate household hazardous waste from solid waste and recyclables and shall dispose of it only at a household hazardous waste collection facility or through programs specifically provided by the exclusive franchise collector or the county to collect household hazardous waste.

(1966 Code, § 25-4) (Ord. 619, § 2(part); Ord. 724, § 1(part); Ord. 749, § 2)

(A) During intervals between collection, transportation or disposal, the storage, accumulation, collection, keeping, handling or maintaining of solid waste on premises shall be performed in such a manner so as to discourage the harboring and breeding of rodents and insects and the ready access to the solid waste by dogs and other small animals, and so as not to objectionably and unreasonably pollute the air, or so as not to constitute a fire or health hazard.

(B) Other than at an approved solid waste facility, in any premises where the volume of solid waste accumulates in excess of two cubic yards between intervals of collection or disposal, the solid waste shall be stored in fire-resistant containers approved by the local fire authority and in a manner approved by the county’s Health Officer.

(C) Any industrial, commercial or business establishment wherein solid waste is handled, produced or stored in large quantities shall have the solid waste operation reviewed by the county’s Health Officer. The person in possession of the establishment shall comply with such requirements as the county’s Health Officer may deem necessary for the sanitary storage, collection or disposal of solid waste on the premises in compliance with this chapter. Any special requirements of the Health Officer shall be specified in writing and transmitted to the person in possession of the solid waste operation.

(1966 Code, § 25-5) (Ord. 619, § 2(part); Ord. 724, § 1(part))

Solid waste containers shall not be placed adjacent to streets or roadways to facilitate collection, transportation or disposal more than 24 hours prior to scheduled collection, transportation or disposal time. The containers shall be removed from the pickup site within 24 hours after they have been emptied.

(1966 Code, § 25-6) (Ord. 619, § 2(part); Ord. 724, § 1(part))

(A) Solid waste containers on all premises shall be emptied and solid waste shall be collected and properly disposed of not less than once a week. The collection and disposal shall be by the authorized collector, except that the premises’ occupants themselves may dispose of solid waste to a fully licensed public disposal facility in accordance with this chapter and/or in such manner and place as may be prescribed by the county’s Health Officer. The county’s Health Officer may require collection or disposal at a different frequency on premises where solid waste is produced in such quantities, or is of such a nature, that the increased frequency is necessary to prevent the occurrence of rodent and insect infestations, odor nuisances or threats to public health, welfare or safety, or to accommodate reasonable economic collection practice without impairment of the public health, welfare or safety.

(B) Any special requirements of the Health Officer shall be specified in writing and transmitted to the owner and occupier of the subject premises.

(1966 Code, § 25-7) (Ord. 619, § 2(part); Ord. 724, § 1(part))

(A) No person owning or possessing any land, dwelling or industrial, commercial or business premises or structure shall allow or permit any solid waste to collect and accumulate upon or in any such premises or structure except as otherwise provided by law.

(B) The provision shall not be construed to affect the following:

(1) Any authorized solid waste facility operating pursuant to law; or

(2) Any properly-conducted garden composting process carried on by a person on his or her own premises producing compost only for use on the premises, unless the operation constitutes a public nuisance.

(1966 Code, § 25-8) (Ord. 619, § 2(part); Ord. 724, § 1(part))

Solid waste on all premises shall be collected or properly disposed of at such frequency as will prevent the occurrence of a hazard or nuisance condition. For purposes of this chapter, a hazard or nuisance will be presumed to exist if the frequency of collection or proper disposal exceeds one week and residential accumulation exceeds two cubic yards.

(1966 Code, § 25-9) (Ord. 619, § 2(part); Ord. 724, § 1(part); Ord. 776, § 1)

Except as otherwise provided by law and this chapter, no person or entity shall deposit or discharge, or cause to be deposited or discharged any solid waste, soil, or fill material in any place other than an approved solid waste facility. No person shall allow or permit the deposit or discharge of solid waste in violation of this chapter on property owned, controlled or possessed by that person.

(1966 Code, § 25-10) (Ord. 619, § 2(part); Ord. 724, § 1(part); Ord. 776, § 2; Ord. 1,020, § 1)

Burning of solid waste is prohibited by state law. Any exemption to this law is regulated by the Monterey Bay Unified Air Pollution Control District. Vegetation may be burned only with the prior written approval (burn permit) of the California Department of Forestry.

(1966 Code, § 25-11) (Ord. 619, § 2(part); Ord. 724, § 1(part); Ord. 776, § 3)

The county’s Health Officer may, upon reasonable cause to believe that a violation of the provisions of this chapter exists, investigate the situation to determine whether such a violation does in fact exist. He or she shall have the power, when in the performance of his or her duty and upon his or her presenting his or her credentials and identifying himself or herself as an employee of the county’s Health Department to the person apparently in control of the premises, if available, to enter upon the premises with permission or with a court order, to inspect any thing or condition which appears to be such a violation. With the consent of the owner or occupier of the premises or consistent with legal guidelines, he or she may examine the premises, things or conditions, take such samples and make such tests as needed, and take any other steps reasonably necessary for the proper investigation and determination of whether such a violation exists.

(1966 Code, § 25-12) (Ord. 619, § 2(part); Ord. 724, § 1(part))