San Benito County Municipal Code Art. V Transportation of Solid Waste

It is unlawful for any person to commercially transport solid waste, soil, or fill material generated outside or inside the unincorporated area of the county into the unincorporated area of the county, unless that person has been granted a franchise to so transport solid waste or unless the person is exempt from the transportation franchise requirement.

(1966 Code, § 25-19) (Ord. 619, § 2(part); Ord. 724, § 1(part); Ord. 1,020, § 3)

It is unlawful for any person to transport solid waste, soil, or fill material within the county without an origination of waste document. An origination of waste document is a document which identifies the nature of the waste, where the waste was located before it was loaded for transportation, the estimated weight of the solid waste, a statement identifying the person in possession of the solid waste before the transporter of solid waste took possession of the solid waste and a statement identifying all transporters of solid waste. The origination of solid waste document shall be signed by the person in possession of solid waste before transportation of solid waste commenced and all transporters of the solid waste certifying under penalty of perjury the accuracy of the information contained in the origination of solid waste document. The county shall prepare a standard origination of solid waste document. The use of a copy of the standard form or any form substantially similar shall comply with this section.

(1966 Code, § 25-20) (Ord. 619, § 2(part); Ord. 724, § 1(part); Ord. 1,020, § 4)

The Board shall approve by written resolution from time to time a non-exclusive franchise agreement authorizing the transportation of solid waste in the unincorporated areas of the county for deposit onto land in the unincorporated areas. Following the approval of the agreement, the Integrated Waste Management Director shall be authorized to execute such an agreement with any person desiring to transport solid waste into the unincorporated area of the county for deposit of the solid waste on land situated in the unincorporated area. The execution of the franchise agreement shall create the franchise. The Board may, from time to time, adopt any regulations governing the issuance of transportation of solid waste franchises.

(1966 Code, § 25-21) (Ord. 619, § 2(part); Ord. 724, § 1(part); Ord. 739 § 3)

(A) The franchise agreement shall provide for a term of one year which shall renew automatically unless revoked.

(B) The franchise agreement shall provide for a franchise fee which shall be based on the amount of solid waste transported in the unincorporated area for deposit. The Board shall adopt a franchise fee by written resolution from time to time, following a public hearing. Notice of public hearing shall be posted in a newspaper of general circulation not less than ten days prior to the date of the hearing.

(C) The franchise agreement shall provide for payment of the franchise fee for intervals not longer than a quarter of a fiscal year, three months.

(D) The franchise agreement shall provide that the franchisees shall prepare and file reports with the county to include, without limitation, information about the volume and nature of solid waste, about the location where the transported solid waste is generated, and information about recycling/reuse efforts.

(E) The franchise agreement may require a bond as an undertaking to insure compliance with this chapter and with other requirement imposed by law.

(F) The agreement may provide for collection of the franchise fee by the operator of the John Smith Landfill.

(1966 Code, § 25-22) (Ord. 619, § 2(part); Ord. 724, § 1(part); Ord. 739 § 4; Ord. 776, § 7)

The Board reserves the authority to establish or change, by resolution, a schedule of rates to be charged for the transportation of solid waste as regulated by this chapter.

(1966 Code, § 25-23) (Ord. 619, § 2(part); Ord. 724, § 1(part); Ord. 776, § 8)

A solid waste transporter operating under a franchise shall comply with all conditions specified in the franchise agreement and all provisions of this chapter.

(1966 Code, § 25-24) (Ord. 619, § 2(part); Ord. 724, § 1(part))

The following persons are exempt from the franchise requirement specified above and may transport solid waste without the approval of the county:

(A) An owner or occupier of any parcel in the unincorporated area of the county, or the servant of the owner and occupier who personally transports the solid waste, generated only by residential activities on that parcel, to a fully licensed solid waste facility. For purposes of this exemption, RESIDENTIAL WASTE shall mean waste which is transported in an amount less than 1,000 pounds at a time;

(B) A transporter of solid waste that is to be temporarily stored in the unincorporated area of the county, until the solid waste can be used, reused or recycled as a raw material for manufactured products. For purposes of this exemption, “manufactured products” does not include materials used as amendments to soil or materials fed to animals;

(C) A transporter of solid waste authorized by federal or state law if the authorizing law preempts the requirements imposed by this chapter;

(D) A person collecting solid waste in the unincorporated area of the county pursuant to a franchise granted by the Board;

(E) A transporter of solid waste generated in an incorporated city in the county under a collection franchise granted by that city if the solid waste is deposited at John Smith Landfill; and

(F) The county, or its agent or contractor.

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