San Bernardino County Municipal Code Art. 2 Refuse Collection

The purpose of this Article is to protect the health and safety of the community through the establishment of minimum health and safety standards for the collection and transportation of Solid Waste within the County of San Bernardino.

Pursuant to the authority cited in Chapter 1 of Title 3, Division 3 of the San Bernardino County Code, Public Resources Code §§ 43200 and 43209, and other applicable State law, the Board of Supervisors authorizes the Department of Public Health, Division of Environmental Health Services (DEHS) as the Local Enforcement Agency (LEA) of the County of San Bernardino to enforce and administer the provisions of this Article within the County of San Bernardino.

(Ord. 3671, passed - -1996)

Definitions provided in Article 1 of this Chapter as well as all definitions in Chapters 1 and 3 of Division 3 of Title 3 of the San Bernardino County Code shall apply to this Article.

(Am. Ord. 3551, passed - -1993; Am. Ord. 3671, passed - -1996)

(a) Except for those persons exempt from the permit requirement pursuant to § 33.0824 of this Article, it shall be unlawful for a person or entity to operate a refuse collection or transportation activity, garbage hauling activity or nondomestic waste hauling activity within the incorporated or unincorporated areas of the County without possessing the current health and safety permit to do so issued by the Department of Public Health, Division of Environmental Health Services (DEHS) and having paid fees to DEHS, as set forth in Chapter 2 of Division 6 of Title 1 of the San Bernardino County Code. Possession of such a permit does not excuse or substitute for compliance with other laws or regulations applying to solid waste handling operations, including, without limitation, Division 6 of Title 4 of the San Bernardino County Code.

(b) Any refuse hauler who, at the effective date of this Subdivision, has an existing A, B, or D permit shall also be considered to have a health and safety permit effective until December 31, 1996.

(Am. Ord. 3651, passed - -1996; Am. Ord. 3671, passed - -1996)

Excepted from the requirements of § 33.0823 are:

(a) Those hauling domestic waste generated upon their own property, residence or business.

(b) Those hauling segregated rubbish composed of ashes, abandoned vehicles and parts thereof, discarded home and industrial appliances, construction and demolition wastes, or recyclable materials, including green waste.

(c) Clean up crews, landscapers and yard maintenance services who physically gather, collect and remove rubbish only. This does not include merely providing a refuse container without providing the additional service of gathering materials and placing them in the container.

(d) DEHS may elect to except haulers of other segregated rubbish on a case-by-case basis upon submittal of the permit application required in § 33.0825.

(Ord. 3671, passed - -1996)

Applications for a health and safety permit to collect, transfer, or remove refuse, garbage or nondomestic wastes shall be made to DEHS upon forms provided by DEHS, shall be accompanied by an application fee, and shall contain the following information:

(a) The name, business address, permanent home address, business and 24-hour emergency phone number(s) of the applicant;

(b) The owner(s) of the garbage hauling, nondomestic waste hauling or refuse collection and transportation operation. If a joint venture, partnership, or limited partnership, the name of all participants and/or partners. If a corporation or limited liability company, the name of each officer and manager, the nature of their office or participation, and the name and address of the agent for the service of process;

(c) The location of all proposed facilities that will be used;

(d) Trade and firm names under which the applicant operates;

(e) Proof that the applicant owns or controls adequate collection vehicles and other necessary equipment in good mechanical condition to adequately conduct the proposed refuse collection and transportation business. The applicant shall provide a list of the number and types of vehicles to be used in the collection and/or transportation of refuse;

(f) Proof that the applicant owns or has access to suitable facilities for maintaining the collection vehicles and other necessary equipment in a clean and sanitary condition. Applicant shall also provide adequate off-road parking for the refuse vehicles;

(g) Proof that the applicant’s refuse, garbage or nondomestic waste collection vehicles and equipment conform to all applicable provisions of this Article;

(h) A list of the types of materials the applicant proposes to collect/transport;

(i) Proof that the applicant possesses the necessary insurance policies which, at minimum, comply with the requirements of this Article;

(j) Indemnification. Separate and distinct from the insurance provisions required by this Division, each permittee shall appear and defend (with counsel approved by County) all actions against the Department and the County, and the permittee agrees to defend, indemnify, and hold the County and/or its officers, agents, volunteers and employees harmless from and against, any and all claims and demands, causes of action of every kind and description, damages, liabilities, costs or expenses for any damages or injuries to any person or property, including, but not limited to, injury to permittee’s officers, agents, or employees which arise directly or indirectly from or are connected with or are caused or claimed to be caused by acts, errors or omissions of permittee, or its officers, agents, or employees, in exercising its rights or in performing its duties under its permit or under this Division, and all costs and expenses of investigating and defending against same; except to the extent such indemnification is prohibited by law.

(k) Insurance. The permittee shall obtain and keep in force during the term of said permit, comprehensive general and vehicular liability insurance of at least $1,000,000.00 combined single limits for bodily injury and property damage, and a program of Workers’ Compensation Insurance or a state-approved Self-Insured Workers’ Compensation Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California including employer’s liability with $250,000.00 limits covering all employees of the permittee. The County of San Bernardino shall be named as an additional insured on all policies except Workers’ Compensation and all policies shall contain a provision requiring written notice to be given to DEHS prior to cancellation, modification, or reduction of limits. A permittee shall furnish DEHS, prior to expiration or termination of the period covered by premium payment when renewal is automatic, evidence of renewal and of full payment of the premium on required insurance coverage. Nonreceipt by DEHS of this information shall result in the insurance policy being considered to be expired and justification for the suspension, revocation or cancellation of the permit in the manner set forth in this Article and Chapter 2 of Division 3 of Title 3 of the San Bernardino County Code.

Insurance Review. The above insurance requirements are subject to periodic review by the County. The Risk Manager of the County of San Bernardino is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, the Risk Manager is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County’s risk.

(l) Permittee shall not be required to maintain separate policies of insurance for any type of insurance required under this Section, any other Section of this Chapter or under Division 6 of Title 4 of this Code. However, the permittee must maintain the level of insurance which is the higher of that required in this Chapter or Division 6 of Title 4 of this Code and must obtain and maintain insurance coverage which satisfies all of the provisions of this Chapter and Division 6 of Title 4 of this Code, including without limit, providing certificates of insurance to all specified Departments of the County and requiring notification of the cancellation or termination of any insurance policy be given by the insurance company to all specified Departments of the County.

(m) The application called for in this Section may be combined with the application called for in § 33.0845 dealing with Class A Permits, if the applicant is required to obtain or renew a Class A Permit at the same time as it is required to submit an application under this Section (“Joint Application”). Such joint application must satisfy all of the requirements of both this Section and § 33.0845. In the event the applicant chooses to submit a joint application, applicant shall give DEHS one duplicate original of the joint application. DEHS shall take all actions with respect to the issuance or renewal of the health and safety permit sought in the joint application, to the same effect as if the applicant had submitted an application solely under this § 33.0825.

(Ord. 3671, passed - -1996)

(a) Issuance. Where DEHS finds that the statements in the application are true and that the applicant is reasonably capable of complying with the provisions of this Article, DEHS shall issue a health and safety permit for refuse collection, including the removal of garbage and nondomestic wastes; for garbage hauling only; or for nondomestic wastes only.

(b) Suspension and Revocation. Where DEHS determines that any permittee has not complied with the provisions of this Article and all other applicable statutes, ordinances, rules and regulations, the permit may be suspended or revoked in accordance with Chapter 2 of Division 3 of Title 3 of the San Bernardino County Code

(c) Statement of Ownership. The permittee shall file a true and correct statement of ownership with DEHS at the time of permit renewal each year under penalty of perjury. A notice of change in ownership in the operating company or of the business operating under the permit shall be submitted in writing to DEHS before a permit will be issued to the new owners.

(d) Transfer of Permit. A permittee shall not lease, sublet, subcontract, or in any manner allow any other person or entity to engage in refuse collection and transportation services, garbage hauling or nondomestic waste hauling under permission of the permit issued to the permittee without first receiving prior written approval from DEHS. The permit issued may be suspended or revoked by DEHS in the event there is a change in the person or entity owning the operating company, unless prior notice has been given in writing to DEHS pursuant to Subdivision (c) of this Section.

(Am. Ord. 3411, passed - -1990; Am. Ord. 3671, passed - -1996)

(a) DEHS may deny, deny renewal of, revoke, or suspend a health and safety permit for any one or more of the following causes pertaining to conduct of the applicant or permittee:

(1) When falsified information is submitted to DEHS in a permit application, report(s) or correspondence;

(2) When false information is submitted to DEHS;

(3) When Federal, State, or local laws or regulations pertaining to the collection, or transportation, of solid wastes are violated; or

(4) When any violation of conditions to operate exists pertaining to a conditional use permit or special use permit, if such are required.

(5) When DEHS finds that the collection vehicles or other equipment used or to be used in conducting or operating the garbage hauling, nondomestic waste hauling or refuse collection service is inadequate, unfit, or incapable of being used and maintained to comply with the provisions of this Article.

(6) When DEHS determines that a permittee has not operated in the County for 30 days or more.

(b) Upon determining cause for the denial, denial of renewal, revocation, or suspension of a permit, DEHS shall give written notice to the applicant or permittee to show cause why the permit should not be denied, revoked, suspended or its renewal denied, and conduct a hearing if requested in accordance with the provisions of Chapter 2 of Division 3 of Title 3 of the San Bernardino County Code, beginning with § 33.0200.

(c) A person or entity whose permit has been denied, revoked or had its renewal denied pursuant to this Section shall not be considered by DEHS for a permit until after one year from the date of such denial, denial of renewal or revocation. After three such denials, denials of renewal, or revocations, or combinations thereof, no new permit shall be granted to such applicant.

(Am. Ord. 3652, passed - -1996; Am. Ord. 3671, passed - -1996)

All health and safety permits shall be renewed annually through DEHS provided DEHS finds that the permittee, during the period of the unexpired permit, operated in compliance with the provisions of this Article.

(Am. Ord. 3652, passed - -1996; Am. Ord. 3671, passed - -1996)

(a) Payment of Permit Fees. Health and safety permit fees shall be paid as specified in Chapter 2 of Division 6 of Title 1 of the San Bernardino County Code.

(b) Any of the fees pertaining to this Article may be prorated on a quarterly basis when applied to an additional vehicle for which a permit is requested. Unused portions of such fees may be refunded, prorated on a quarterly basis, to the permittee in the event said vehicle(s) should be discontinued from use in the business, upon proper written notice to DEHS.

(c) Transfer of Permits Between Vehicles. Where any vehicle operating under a valid current permit is replaced by another vehicle, the permit may be transferred to the replacement vehicle upon payment of a transfer fee as specified in Chapter 2 of Division 6 of Title 1 of the San Bernardino County Code contingent upon an inspection of the new vehicle and approval by DEHS.

(d) Each permittee issued an annual health and safety permit shall be inspected by DEHS to assure compliance with the provisions of this Article. Whenever DEHS determines that any permittee is not in compliance with this Article, DEHS may suspend or revoke the health and safety permit in accordance with the procedures provided in § 33.0827. Any subsequent inspection(s) for the purpose of compliance may be billed as special inspection(s) per Chapter 2 of Division 6 of Title 1 of the San Bernardino County Code.

(Am. Ord. 3652, passed - -1996; Am. Ord. 3671, passed - -1996)

Collection vehicles and equipment used by permittees for the collection and/or transportation of refuse shall be of a type designed and manufactured specifically for such purposes, as determined by DEHS, and shall comply with the following minimum specifications:

(a) All vehicle bodies shall be constructed of metal. All joints and seams shall be welded and leakproof.

(b) All refuse compartment doors shall be tight-fitting and shall not leak any contents of the collected refuse.

(c) All vehicles classified over three-quarter ton by the manufacturer shall be equipped with an automatic dumping mechanism.

(d) The permittee’s name or firm name and telephone number shall appear in legible letters not less than three inches high. The business address, if provided, shall appear in letters not less that two inches high on both sides of the vehicle.

(e) All vehicles shall at all times be maintained in a clean, sanitary condition, and shall be well-painted. Vehicles shall be well-maintained and shall not leak oil or other fluids, including hydraulic fluids.

(f) All operators of vehicles or equipment used for transporting refuse, in which the refuse storage compartment is open or partially open at the top shall take suitable measures, including tarps, if necessary, to prevent litter release during transportation.

(g) All vehicles used for the collection and/or transportation of garbage, unmixed with rubbish, shall be equipped with watertight metal tanks. When used for collection, the tanks shall be covered so that not more than one-half of any tank can be uncovered at any one time. The cover shall be fully closed when the vehicle is transporting garbage. All equipment used for collecting or transporting garbage, unmixed with rubbish, shall be cleaned and disinfected at least once daily.

(h) Vehicles collecting and/or transporting nondomestic wastes shall be of a type and construction DEHS determines on a case-by-case basis to be necessary for the particular waste and to protect the public health and safety.

(Ord. 3671, passed - -1996)

(a) Each vehicle collecting or transporting refuse, garbage, or nondomestic waste shall at all times carry in the cab current California DMV Registration, proof of current insurance, and the name, address, and phone number to be contacted in case of an accident or emergency.

(b) Permittee’s facilities shall be clean, orderly and safe. Out-of-service vehicles shall be clearly identified. Washing facilities shall have adequate drainage.

(c) Solid waste containers stored in the permittee’s yard shall be free from refuse and shall be clean.

(Ord. 3671, passed - -1996)

All permittees shall keep, maintain, and furnish copies of such operating records as DEHS may request to ascertain compliance with this Article. All permittees shall maintain a log of all complaints received for review by DEHS.

The complaint log shall contain the following information: date and time the complaint was received; name, address and phone number of the complainant, if possible; date and time of incident; nature of the complaint; and date of final action. All complaint logs shall be retained for at least 18 months and shall be available for DEHS inspection.

(Ord. 3671, passed - -1996)

(a) All permittee’s vehicles and equipment shall be subject to DEHS inspection at any operating location during regular business hours.

(b) No permittee shall hold putrescible wastes in a vehicle for more than 24 hours.

(c) Each employee driving a permittee’s vehicle shall at all times have a current valid and appropriate California DMV operator’s license.

(Ord. 3671, passed - -1996)

The permittee shall take all steps as may be reasonable and necessary in order to assure that the collection of solid waste is completed in a timely and efficient manner. The permittee shall maintain customer service phone lines from 8:00 a.m. to 5:00 p.m. Monday through Friday, and during hours of service on Saturdays, if any waste collection service is provided on Saturday. The number of local phone lines provided shall be sufficient to adequately serve the public. The permittee shall notify DEHS in writing seven days prior to any change in business name, address, or telephone number. Such notice shall set forth the corrected information. This Section shall not require the permittee to maintain an office which is different than or separate from the office for inquiries and complaints maintained by permittee under any other Section of this Chapter or under Division 6 of Title 4 of this Code.

(Ord. 3671, passed - -1996)

It shall be unlawful for any person or entity to violate any provision of this Article. Except as provided herein, all administration, enforcement, remedies, and penalties as to this Article shall generally proceed as set forth in Chapters 1, 2, and 3 of Division 3 of Title 3 of the San Bernardino County Code and otherwise as provided by law.

In addition, and in accordance with the provisions in § 33.0112 of this Division of the County Code, any party convicted of violating this Division, may be held liable by the court for reimbursement to the County for all or part of the costs incurred in the investigation, analysis, inspection, abatement and prosecution of the enforcement action against the guilty party.

(Ord. 3671, passed - -1996)

§§ 33.0836—33.0839 (Reserved).

(Ord. 3671, passed - -1996)