San Bernardino County Municipal Code Ch. 1 Purposes and Required Authorizations

The purposes of Division 6 are set forth below (all terms are as defined in Chapter 2):

(a) To allow for the establishment of solid waste handling franchises within the unincorporated portion of San Bernardino County, pursuant to authority cited in Government Code § 25827, in Public Resources Code §§ 40057 through 40059 or 49200 through 49205, in Code of Regulations, Title 14, §§ 17332 and 17333, and any other applicable State or local law. The implementation of franchises through entering into franchise agreements with grantees will assist the County:

(1) In meeting its obligation to provide solid waste handling services as required in Public Resources Code § 40057;

(2) In meeting the requirements of AB 939, as may be amended, and all subsequent State laws and regulations which mandate that the County reduce the amount of solid waste disposed in County landfills by certain numerical thresholds by providing its citizens with source reduction, recycling and composting programs and opportunities;

(b) To help ensure that residents of the unincorporated County receive the similar quality of waste collection and recycling services as do those residents in the incorporated cities and towns of San Bernardino County;

(c) To ensure that programs and service Levels for solid waste handling within the unincorporated spheres of influence of incorporated cities and towns will replicate, to the extent possible, programs and service levels of adjacent cities and towns;

(d) To minimize, to the extent possible, disruption of programs and services to unincorporated residents in the event of annexations;

(e) To help quantify the waste stream from the unincorporated County in order to comply with Diversion requirements of AB 939, as may be amended;

(f) To provide by agreement, an opportunity for predictable levels of waste at County landfills to ensure adequate funding for closure/post-closure activities; and

(g) To ensure compliance with the mandatory organic waste disposal reduction requirements of SB 1383.

(Ord. 4385, passed - -2020; Am. Ord. 4434, passed - -2022; Am. Ord. 4460, passed - -2023)

(a) Except as otherwise provided in subdivisions (b) and (c) of this section, no person shall engage in, solicit, contract for or provide, in the unincorporated County, solid waste handling services without such person having and maintaining:

(1) A health and safety permit authorizing the collection, transfer or removal of refuse (within the meaning of Article 2 of Chapter 8 of Division 3 of Title 3 of this Code); and

(2) (A) With respect to a franchise area, a franchise agreement authorizing the person to provide the specified solid waste handling service being provided; or

(B) With respect to a refuse collection area, or any portion thereof which is not a franchise area subject to a franchise agreement, a Class A permit or temporary permit as provided for in Article 2.1 of Chapter 8 of Division 3 of Title 3 of this Code.

(b) (1) Notwithstanding Subdivision (a), above, any person may engage in or provide, in the unincorporated County, those solid waste handling services related to performing as a garbage hauler (within the meaning of Chapter 8 of Division 3 of Title 3 of this Code), without such person being required to have or maintain a franchise agreement or the Class A permit or temporary permit provided for in Article 2.1 of Chapter 8 of Division 3 of Title 3 of this Code.

(2) Notwithstanding Subdivision (a), above, any person may engage in or provide, in the unincorporated County, those solid waste handling services which are related solely to one of the types of solid waste set forth below, without such person being required to have or maintain a franchise agreement or the Class A permit or temporary permit provided for in Article 2.1 of Chapter 8 of Division 3 of Title 3 of this Code.

(A) Abandoned vehicles and parts thereof.

(B) Ashes.

(C) Dewatered, treated or chemically fixed sewage sludge.

(D) Self-generated waste or waste generated and hauled by the property owner.

(E) Green waste or yard trimmings generated as an incidental part of providing gardening, landscaping or landscape maintenance as a professional gardener or landscaper.

(F) Inert materials or demolition waste from remodeling jobs which are generated as an incidental part of providing such remodeling services, provided that the construction contractor is not a hauling service or solid waste enterprise, does not separately or additionally charge for the incidental service of removing, transporting or disposing (except for the tipping fee) of the inert materials or demolition waste, and utilizes only his or her own employees and equipment to collect, transport, and dispose of same.

(G) Recyclables that are sold or donated by the generator of such materials to a party other than the grantee of a franchise. A mere discount or reduction in price of the hauler's charges for the handling of such materials is not a sale or donation within the meaning of Division 6.

(H) Food waste used as animal feed. Food waste or other organic waste diverted from disposal by delivery to hog farms or otherwise used as animal feed, pursuant to the provisions of Public Resource Code § 40059.4

(I) Edible food recovered for human consumption. Edible food that is collected from a generator by other person(s), such as a person from a food recovery organization or food recovery service, for the purposes of food recovery; or that is transported by the generator to another person(s), such as a person from a food recovery organization, for the purposes of food recovery, regardless of whether the generator donates, sells, or pays a fee to the other person(s) to collect or receive the edible food from the generator.

(J) Exempt persons. A person or entity that has been given an exemption by the County from the uniform handling collection ordinance.

(3) Subdivision (b)(1), above, shall have no application in any franchise area to the extent that the County provides in the franchise agreement(s) establishing such franchise area that any or all of the solid waste handling services related to either performing as a garbage hauler or to the types of solid waste enumerated in Subdivision (b)(2) are to be provided pursuant to a franchise agreement or agreements; so long as the person and/or the solid waste handling service being provided do not otherwise fit within one or more of the exemptions provided in Subdivision (c) of this Section. The Division shall maintain a list of all areas of the County within which a franchise agreement is required in order to provide any of the solid waste handling services which are related to performing as a garbage hauler or solely to a type of solid waste enumerated in Subdivision (b)(2).

(c) The provisions of Subdivisions (a) and (b)(3) of this Section shall not apply to those persons and/or solid waste handling services specified in § 33.0843 of this Code.

(Ord. 4385, passed - -2020; Am. Ord. 4434, passed - -2022; Am. Ord. 4460, passed - -2023)