Article 2.1 — CLASS A PERMITS

This purpose of this Article is to establish permitting requirements and minimum standards for refuse collection and transportation within the unincorporated areas of the County of San Bernardino. Pursuant to the authority cited in Chapter 1 of Division 3 of Title 3 of the San Bernardino County Code; Public Resources Code § 40059; and other applicable State law, the Board of Supervisors authorizes the Division of Environmental Health Services, Department of Public Health to enforce this Article prior to July 1, 1997. After June 30, 1997, the Board of Supervisors authorizes Waste System Division, Public Services Group, to enforce this Article. (Ord. 3671, passed - -1996)

The following definitions apply only to this Article and are in addition to definitions in Articles 1 and 2 of this Chapter. CLASS A PERMIT. A permit required by all refuse haulers to provide refuse collection and transportation service to residential, commercial and or industrial customers within the unincorporated areas of the County which areas are not serviced through a franchise agreement issued under the provisions of Division 6 of Title 4 of this Code. CLASS A PERMIT HOLDER. Any person or entity engaged in the collection, transportation and removal of refuse who has been issued a Class A Permit; except those persons exempted under § 33.0843 of this Article. DEPARTMENT. The Local Enforcement Agency, Division of Environmental Health Services, Department of Public Health prior to July 1, 1997 and means the Waste System Division, Public Services Group, after June 30, 1997. NONDOMESTIC WASTES. Wastes which may be solid, semisolid, slurries, dust, nonpetroleum oils, and related substances or combinations thereof, which constitute a potentially dangerous health or environmental risk to residents of the County of San Bernardino. Wastes may be determined as such by DEHS upon finding that special transportation requirements are necessary due to the nature of the material, the intended disposal method, or the intended end use. Said term shall not include any wastes classed as infectious, toxic, or hazardous by State or Federal statute. REFUSE. All solid waste as defined in Public Resources Code § 40191. REFUSE COLLECTION AREA. Those portions of the County of San Bernardino designated on certain maps entitled “Refuse Collection Areas in San Bernardino County” including all amendments

and changes thereto, which maps are incorporated by reference and are on file with Department and in the Office of the Clerk of the Board. REFUSE HAULER. Any person or entity engaged in the collection, transportation and removal of refuse, except that it shall not mean a garbage hauler. ROUTE VEHICLE. A vehicle which is used in the day-to-day collection/transportation of refuse. SPARE VEHICLE. A vehicle which is used to temporarily replace the regular route vehicle of a Class A Permit holder when the route vehicle is being serviced or is otherwise unavailable for use. A SPARE VEHICLE is subject to the same standards and requirements as a regular route vehicle. (Ord. 3671, passed - -1996)

It shall be unlawful for a refuse hauler to operate a refuse collection, transportation or disposal activity except where exempt by this Code, without possessing the applicable unexpired, unsuspended, unrevoked Class A Permit(s) to do so, approved by the Board of Supervisors and issued by the Department and having paid fees to the Department required by this Article, as set forth in the County of San Bernardino Schedule of Fees. Permits shall be issued for a term of 12 months or for such shorter term as determined by the Board of Supervisors. The permittee under a health and safety permit is not considered to be a holder of, nor to have received or have the right to receive a Class A Permit. Without limiting the generality of the forgoing, any holder of a Class B or D Permit, as it existed prior to the effective date of this Section, shall not be considered to be a holder of nor to have received or have the right to receive, a Class A Permit by virtue of his, her or its status as either a prior holder of a Class B or D Permit or as a current permittee of a health and safety permit. The Class A Permit shall be issued for specified refuse collection areas as defined in § 33.0844 of this Article. (Ord. 3671, passed - -1996)

Exempted from the requirements of § 33.0842 are: (a) Those hauling domestic waste generated upon their own property, residence or business; (b) Those who collect garbage, unmixed with rubbish, and transport it to a commercial garbage-feeding hog ranch or to a commercial establishment for processing; (c) Construction/demolition clean up crews, landscapers and yard maintenance services who physically gather, collect and remove materials, such as construction debris, demolition waste, yard trimmings or similar materials only. This does not include merely providing a refuse container without providing the additional service of gathering materials and placing them in the container. (Ord. 3671, passed - -1996)

(a) For the purpose of this Article, the County of San Bernardino shall be divided into refuse collection areas. Such areas are designated on those certain maps entitled “Refuse Collection Areas in San Bernardino County.” Such maps are incorporated herein by reference and are on file with Department and in the Office of the Clerk of the Board of Supervisors. (b) Except as otherwise provided in this Article, it shall be unlawful for any person or entity, other than a Class A Permit holder, to operate a refuse collection service within any refuse collection area. (C) Any refuse collection area may be modified by the Board of Supervisors at any time should they find that such modification is necessary for the efficient conduct and operation of refuse collection in the area involved. In the event of such action, all concerned Class A Permit holders shall be given a ten-day written notice thereof before such modification is acted upon by the Board of Supervisors. (Ord. 3671, passed - -1996)

In addition to all the provisions of Chapter 2 of Division 3 of Title 3 of the San Bernardino County Code, the following are prerequisite to issuance or renewal of a Class A Permit: (a) Applicants for a Class A Permit or a renewal thereof must complete the Department verified application form which shall include: (1) Complete name and description of the applicant; (2) Permanent home address and business addresses of the applicant; (3) Trade, dBA, fictitious business and firm names the applicant operates under; (4) If a joint venture, partnership or limited partnership, the names of all participants and/or partners. If a corporation, the name of each officer, the nature of their office or participation and their permanent address; and the name and address of the agent for service of process. (5) The location of all appropriate waste facilities that will be used together with a statement indicating that the waste being delivered to each site will be within the classification limits of that site; (6) The geographical boundary of the area for which the Class A Permit is to apply; (7) Facts showing that the applicant is qualified to render efficient service. This statement shall include any prior experience that will help establish the applicant’s capability to perform this function. New applicants shall include a written statement of net worth or other financial data that will establish the applicant’s capability to discharge applicant’s obligations under the applicable provisions of this Article.); (8) An applicant for a Class A Permit, if applying for a permit to service 500 or less customers, shall give the number of customers that the Class A applicant proposes to serve. (9) That the applicant owns or controls sufficient refuse vehicles and other necessary equipment in good mechanical condition to adequately conduct the proposed refuse collection business. That the applicant owns or has access to suitable facilities for maintaining the vehicles and other necessary equipment in a clean and sanitary condition; (10) That the refuse collection/ transportation vehicles and equipment of the applicant conform to all applicable provisions of this Chapter; the issuance of a Class A Permit is in the public interest in that it is likely to satisfy an existing public need; and (11) Such other facts or information as Department may reasonably require. (b) 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. (c) Insurance. The Class A Permit holder 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 permit holder. The County of San Bernardino shall be named as an additional insured and all policies, except Workers’ Compensation, shall contain a provision requiring written notice to be given to the Department prior to cancellation, modification or reduction of limits. 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, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, 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. (d) Class A Permit holder 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 Class A Permit holder 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

ired 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. (e) The application called for in this Section may be combined with the application called for in § 33.0825 dealing with health and safety permits, if the applicant is required to obtain or renew a health and safety 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 § 33.0825. In the event the applicant chooses to submit a joint application, applicant shall give Department one duplicate original of the joint application. Department shall take all actions with respect to the issuance or renewal of the Class A Permit sought in the joint application, to the same effect as if the applicant had submitted an application solely under this § 33.0845. (Ord. 3671, passed - -1996)

(a) Issuance or Renewal. Where Department finds that the statements in the application are true and that the applicant for issuance or renewal of a Class A Permit is reasonably capable of complying with the provisions of this Article, Department shall recommend issuance or renewal of a Class A Permit for the collection of the refuse. The proposed issuance or renewal shall then be approved or denied by the Board of Supervisors. (b) Suspension/Revocation/Non-Renewal. A Class A Permit holder shall not lease, sublet, subcontract, or in any manner allow any other person or entity to engage in refuse operations under

permission of the Class A Permit issued to the permit holder. The Class A Permit may be suspended, revoked or not renewed at the option of the Board of Supervisors in the event there is a change in the person or entity owning or operating the company or in the person to whom the permit is issued, unless approval therefore has been obtained in writing from the Board of Supervisors. (c) Transfer of Class A Permit. Requests for approval of transfer of a Class A Permit because of a change in ownership of any kind or nature in the operating company or of the business operating under the Class A Permit, shall be submitted in writing to Department and approved by the Board of Supervisors prior to any such change. Any transfer of a Class A Permit to the new owners shall be approved by the Board of Supervisors, upon the recommendation of Department, in accordance with the requirements of this Chapter. Such transferred Class A Permit may be for a term shorter than the remaining unexpired permit term and be subject to such conditions as determined by the Board of Supervisors. (d) Payment of Insurance. A Class A Permit holder shall furnish Department, 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 Department 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. (e) Statement of Ownership. The Class A Permit holder shall file a true and correct statement of ownership with Department at the time of permit renewal each year under penalty of perjury. (f) Temporary Permit. The Board of Supervisors may, for any reason, choose to postpone the decision on the approval or denial of a new Class A Permit, the annual renewal of a Class A Permit or the transfer of a Class A Permit to new owners if it issues a separate temporary Class A Permit having a term less than or equal to six months (“temporary permit”). The issuance of a temporary permit may be subject to such terms as determined by the Board of Supervisors and does not constitute either the issuance of a new Class A Permit, the renewal of an existing Class A Permit or the approval or denial of the transfer of a Class A Permit, as the case may be. The issuance of a temporary Class A Permit shall confer no rights beyond the rights set forth in the temporary Class A Permit for the time period set forth in the temporary Class A Permit. (Ord. 3671, passed - -1996)

(a) The Board of Supervisors may deny, deny renewal of, revoke or suspend a Class A Permit for any one or more of the following causes pertaining to conduct of the applicant or permit holder: (1) When falsified information is submitted to Department in a permit application, report(s) or correspondence; (2) When false information is submitted to Department on a material question; (3) When Federal, State or local laws or regulations pertaining to solid waste handling are violated; (4) When the holder of the Class A Permit or applicant for a Class A Permit is in arrears or not current with the charges or fees due for use of any county-maintained solid waste facility used for refuse hauler operations, unless waived by the Waste System Division; or (5) When any violation of conditions to operate exists pertaining to the conditional use permit or special use permit. (b) Upon determining cause for the denial, denial of renewal, revocation or suspension of a Class A Permit, Department shall give written notice to the applicant or Class A Permit holder to show cause why the Class A 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. The Hearing Officer shall then recommend to the Board of Supervisors whether the permit should be renewed, revoked, suspended or denied. The recommendation of the Hearing Officer shall then be approved, modified or rejected by the Board of Supervisors or the Board may call for additional testimony before making a decision. The decision of the Board shall be final. (c) When the request for denial, denial of renewal, revocation or suspension of a permit is the result of a request by another Department, hereinafter the Initiating Department, that Department shall reimburse Department for any expenses incurred as provided for in a memorandum of understanding (MOU) between Department and the Initiating Department. The Initiating Department shall be responsible for the presentation of the facts of the case involved in the requested action. (d) A person or entity whose Class A Permit has been denied, revoked or had its renewal denied pursuant to this Section shall not be considered by the Board of Supervisors for a Class A Permit until one year from the date of such denial, denial of renewal or revocation. After three such denials, denials of renewal or revocation, or combinations thereof, no new Class A Permit shall be granted to such applicant. (Ord. 3671, passed - -1996)

Department shall specify in all Class A Permits or renewals thereof, the territory within the refuse collection area in which the Class A Permit holder may collect refuse. No Class A Permit holder may, at any time, collect refuse within the unincorporated area of the County of San Bernardino outside the territorial limits fixed in the Class A Permit issued. The territory so specified in any such permit may be modified by Department with Board of Supervisors approval if such modification is found to be necessary for the efficient conduct and operation of refuse collection in the territory involved. (Ord. 3671, passed - -1996)

Class A Permits must be renewed annually. Where Department finds that the Class A Permit holder, during the period of the unexpired Class A Permit, operated in conformity with the law, Department shall recommend renewal of the Class A Permit for the collection of refuse. The proposed renewal shall then be approved or denied by the Board of Supervisors. No permit shall be renewed or reissued as long as the would-be holder of the renewed or reissued permit is in arrears or not current with the charges or fees due for use of any County-maintained solid waste facility used for refuse hauler operations. Only when no sum of money is due and owing to the County for such charges or fees shall such a Class A Permit be renewed or reissued. (Ord. 3671, passed - -1996) § 33.0849A New Applicants. (a) Every new applicant who desires to engage in any activity of refuse collection, transportation, hauling or disposal within the County of San Bernardino shall obtain a Class A Permit as provided herein prior to commencing such activities. (b) The Board of Supervisors may deny an application on the grounds of infeasibility. Whenever a new application is filed under the provisions of this Article for a Class A Permit to provide refuse collection service within this jurisdiction where one or more Class A Permits already exist, the Board of Supervisors, after due investigation, may find and determine, as a matter of fact, that there does not exist in the area sufficient potential source of refuse to justify the granting of an additional, separate and distinct Class A Permit for use within that refuse collection area. Predicated on such findings, the Board of Supervisors may deny the application for a Class A Permit on the grounds that the granting of such new permit is not economically for financially feasible and not in the public interest and welfare. (Ord. 3671, passed - -1996) § 33.0849B Permit Fees and Charges for Services. (a) All permit fees, charges for services and fees for use of approved County solid waste facilities shall be paid as specified in the San Bernardino County Code Schedule of Fees. (b) Payment of Permit Fees. 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. When a Class A Permit holder engages in refuse collection operations in more than one refuse collection area, a separate Class A Permit shall be required for each refuse collection area in which it operates. The minimum permit fee shall be as specified in the San Bernardino County Code Schedule of Fees. Fees for vehicles shall be prepaid for the permit period for which application for a Class A Permit has been made. Unused portions of such fees may be refunded, prorated on a quarterly basis, to the Class A Permit holder in the event said vehicle(s) should be discontinued from use in the business, upon proper written notice to Department. (c) Transfer of Class A Permits Between Vehicles. Where any vehicle operating under a valid current Class A Permit is replaced by another vehicle, the Class A 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 any required inspection and approval of the new vehicle by the Department. (d) Basis for Class A Permit holder’s Charges. All charges for services by Class A permittees shall be nondiscriminatory and uniform for equal services rendered. Charges shall be reasonably based upon the number of containers, type of refuse, whether compacted or loose, number of separate pick-up points at any place of collection, placement of container or distance of carry-out, frequency of collection, remote location, geographical terrain and whether residential, commercial or industrial collection. An inclusive rate schedule shall be filed with Department by each permit holder as a condition of approval of any permit issued or renewed. (e) Rate Adjustments. Annual and special rate adjustments shall be made in accordance with the adopted policy of the Board of Supervisors. (f) Reasonable Rates. Any subscriber who believes an unreasonable charge has been billed for collection service may file a written complaint with Department setting forth the facts of such alleged overcharge. Department shall notify the refuse collector of such complaints and conduct a hearing in accordance with Chapter 2 of Division 3 of Title 3 of the San Bernardino County Code, if requested to do so, to determine the reasonableness of the charge for such service. In such a hearing, the subscriber shall bear the burden of proof by a preponderance of the evidence. (g) Verification of Rates. Department shall review and maintain a continuous evaluation of refuse collection operating costs and make recommendations to the Board of Supervisors as to the reasonableness of a Class A Permit holder’s rates and whether they are nondiscriminating and uniform for equal service. (Ord. 3671, passed - -1996) § 33.0849C Records Required. All Class A Permit holders shall keep, maintain and furnish copies of such operating records as Department may require to ascertain compliance with this Article. All Class A Permit holders shall maintain a log of all complaints received for review by Department.

(Ord. 3671, passed - -1996) § 33.0849D Hours of Collection. Class A Permit holders shall not collect refuse within a residential area or contiguous commercial area between the hours of 10:00 p.m. and 6:00 a.m. the next day. (Ord. 3671, passed - -1996) § 33.0849E Office for Inquiries and Complaints. The Class A Permit holder shall take all steps as may be reasonable and necessary in order to assure that the collection of waste is completed in a timely and efficient manner. The Class A Permit holder 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 refuse collection service is provided on Saturday. The number of local phone lines provided shall be sufficient to adequately serve the public. A Class A Permit holder shall notify Department 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 a Class A Permit holder to maintain an office which is different than or separate from the office for inquiries and complaints maintained to comply with any other Section of this Chapter or under Division 6 of Title 4 of this Code. (Ord. 3671, passed - -1996) § 33.0849F Administration, Enforcement, Remedies and Penalties. 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 proceed as set forth in Chapters 1, 2 and 3 of Division 3 of Title 3 of the San Bernardino County Code. In addition, and in accordance with the provisions in § 33.0112 of this Division of the County Code, any party convicted of violating this Article 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)