Chapter 5 — UNIFORM HANDLING SERVICE

Section

• 46.0501 Uniform Handling Service.

• 46.0502 Owner Responsible for Payment for Uniform Handling Service.

• 46.0503 Failure to Provide Sufficient Solid Waste Containers.

• 46.0504 Self-Haul Exemption from Uniform Handling Service.

• 46.0505 Temporary Suspension of Service or Waiver of Fees.

• 46.0506 Handling of Delinquent Accounts.

• 46.0507 Discontinuance of Service.

• 46.0508 Penalties for Violations.

• 46.0509 Illegal Dumping Retrieval Services.

(a) Uniform handling service shall be implemented in every franchise area, and imposed on the owners of all classes of dwellings or commercial or industrial units within a given uniform handling area, unless otherwise specified within a franchise agreement. All owners of a dwelling or a commercial or industrial unit within the uniform handling area who are required to have uniform handling service shall, upon notice thereof, be required to accept uniform handling service from the grantee (or one of the grantees) holding a franchise agreement for the uniform handling area and pay the rate for such services currently in effect under the total rate of the applicable franchise agreement. (b) Uniform handling service shall not be imposed on the owner of any class of dwelling or commercial or industrial unit located in an Agricultural Preserve Overlay District within the sphere of influence of the City of Chino or of the City of Ontario, as designated upon the land use district maps of the County General Plan. (Ord. 4385, passed - -2020; Am. Ord. 4434, passed - -2022)

(a) The owner of each dwelling or commercial or industrial unit subject to uniform handling service shall be required to accept, and pay the applicable rate set out in the total rate for, the uniform handling service rendered to such unit by a grantee and shall place at a location accessible to the grantee, a container(s) of adequate capacity and functional design in accordance with this Division 6 of Title 4 and with Division 3 of Title 3 of this Code for the storage of solid waste generated on the premises. Such owner shall be responsible to provide such container(s) unless the franchise agreement requires the grantee to provide such container(s). (b) Nothing in this Section is intended to prevent the entering into of an arrangement, or the continuance of an existing arrangement, approved in writing by the grantee, under which statements or invoices for uniform handling service are billed to and payments are made by a tenant or tenants, or any agent, on behalf of the owner. However, unless otherwise provided therein, any such arrangement shall not lessen or substitute for the owner's obligation to the grantee or, unless separately approved in writing by the Division, to the County under this Division 6. (Ord. 4385, passed - -2020; Am. Ord. 4434, passed - -2022)

When in the judgment of the Director (whether or not at the request of the grantee or owner) additional solid waste container(s) compatible with the solid waste handling system are required, they must be provided by the owner, or by the grantee if the franchise agreement requires the grantee to provide container(s), upon written notification by the Director. All containers shall conform to the requirements of §§ 33.0806 and 33.0807 of this Code. (Ord. 4385, passed - -2020; Am. Ord. 4434, passed - -2022)

(a) Dwellings. (1) The owner of any dwelling may apply to the Division for an exemption from uniform handling service by submitting a uniform handling exemption request form to the Director or designee accompanied by required documentation identified in the form and a non-refundable application fee requesting a permit to provide self-haul solid waste handling. The owner may be granted an exemption provided he/she can adequately document that all solid waste generated at the dwelling is transported in a safe and sanitary manner to a landfill disposal facility owned by San Bernardino County and to proper recycling and organic processing facilities (pursuant to conditions listed on exemption application). Upon approval of the exemption request, the Director will notify the owner and the grantee of the exemption. Exemptions are issued on an annual basis, July 1 through June 30. Exemptions that are not obtained or renewed prior to July 1 of each year will not be effective until the next billing period in accordance with the franchise agreement applicable to the owner's dwelling. (2) The exemption and renewal applications shall be made on forms approved by the Director or designee. (3) The application fee shall include an administrative fee, if any, as determined by the Board, in addition to the pre-payment of the average annual landfill disposal cost for County residents as determined by the Director. Each application for annual renewal of such an exemption shall be accompanied by the administrative fee plus the applicant's required pre-payment of the average annual landfill disposal cost. This pre-payment will be retained by the Division as a pre-payment for one year's weekly solid waste disposal. The pre-payment requirement shall be waived with respect to residences located within those land use areas for which parcel fees are collected for the operation of County Solid Waste Disposal System. (4) The Director shall provide the owner who pays the pre-payment of the average annual landfill disposal cost with a card or other document which attests to such pre-payment and which allows weekly disposal privileges at all facilities within the County Solid Waste Disposal System in a manner consistent with the disposal rights of a resident who has paid a parcel fee for the operation of County Solid Waste Disposal System. (5) Should the owner violate any provisions of Division 6 of Title 4 or of any provision of Chapter 7 or Chapter 8 of Division 3 of Title 3 of the San Bernardino County Code, the Director may, upon advance written notice to the owner, revoke the exemption and require the owner to subscribe to and pay for uniform handling service as described in this Chapter. (b) Commercial/Industrial Units. (1) The owner of any commercial or industrial unit may apply for exemption from uniform handling service by submitting a written application to the Director on a form issued by the Director, accompanied by a non-refundable application fee, requesting a permit to provide self-haul solid waste handling and transportation. This permit, if approved, shall be valid for one year, and must be renewed annually thereafter at the discretion of the Director upon submittal of application and application fees to the Director. (2) The exemption and renewal applications shall be on a form approved by the Director. (3) The owner may be granted an exemption provided he or she can establish to the satisfaction of the Director that he or she can properly transport all solid waste generated on the premises, to an approved solid waste facility and recycling and organic processing facilities (pursuant to conditions listed on exemption application), in a safe and sanitary manner in accordance with each of the following conditions: (A) The vehicles and equipment to be used for transporting the solid waste shall be identified in the application by the owner; (B) The vehicles used shall meet all the standards, if any, prescribed for such use by the California Vehicle Code; and (C) A credit account with the Division must be maintained in good standing. (4) The Director may require the owner to furnish evidence of such delivery of solid waste. (5) The application fee shall include an administrative fee, if any, as determined by the Board. (6) Should the owner violate any provision of this Division 6 of Title 4 or any provision of Chapter 7 or Chapter 8 of Division 3 of Title 3 of the San Bernardino County Code, the Director may, upon advance written notice to the owner, revoke the exemption and require the owner to subscribe to and pay for Uniform Handling Services as described in this Chapter. (Ord. 4385, passed - -2020; Am. Ord. 4434, passed - -2022)

(a) Any residential owner may suspend uniform handling service by a grantee up to 45 consecutive days during a given fiscal year (i.e., July 1 - June 30). (b) The owner shall give written notification to the grantee at least 15 working (waste collection) days prior to the first day of the period for which suspension of service is requested pursuant to this Section. (c) Should an owner, after suspending service, request that service be re-established, the grantee may charge a resumption fee not to exceed 50 percent of the cost of one month's regular uniform handling service as specified in the applicable franchise agreement. In no event shall a resumption fee exceed $50.00. (d) Any suspension of service established pursuant to this Section shall be canceled if the Director determines that the conditions cited in subsection (a) of this section no longer exist. (e) In addition, the Director and/or each grantee servicing a franchise area is authorized to waive the total rate established in the applicable franchise agreement for an individual owner under circumstances approved by the Director or designee, including but not limited to infrequent use of the dwelling or when the property does not require regular collection service. (Ord. 4385, passed - -2020; Am. Ord. 4434, passed - -2022)

(a) The total rate owed by the owner of a dwelling or commercial or industrial unit for uniform handling service rendered to such owner's property (or which have been attempted to be rendered, if uniform handling service is not allowed to be provided by action of the owner or tenant) shall be a civil debt owed to the grantee providing the uniform handling service. (b) Any delinquent fees, and the related penalties and interest and costs of collection, shall be considered a debt owed to the County. (c) Annually each grantee shall provide a list to the Division of all accounts which have delinquent fees. This list shall set out the amount of the delinquent fees, the time period for which the services related to the delinquent fees were provided, the identity of the property to which the service has been provided and the owner of such property. (d) Pursuant to Health and Safety Code §§ 5473 through 5473a, the County elects to have delinquent fees, and the related penalties and interest and costs of collection, collected on the tax roll in the same manner, by the same person, and at the same time as, together with but not separately from, its general taxes. This election shall remain in effect until June 30, 2035. (1) Pursuant to Health and Safety Code § 5473.10 the County hereby imposes: (A) A basic penalty of 10 percent of the delinquent fees, which shall be assessed and shall be due and owing at the same time and in the same manner as the delinquent fees; and

(B) Simple interest on the delinquent fees of one and one-half percent per month, which interest shall be assessed and shall be due and owing at the same time and in the same manner as the delinquent fees. (2) The County shall cause a written report to be prepared each year and filed with the Clerk of the Board. The report shall contain a description of each parcel of real property receiving uniform handling service for which delinquent fees exist, and the amount of the delinquent fees (and the associated basic penalty and interest and costs of collection) related to that real property. (3) After providing any statutorily required notice and holding any statutorily required hearing, and following the final determination of the Board as to the delinquent fees detailed in the report, pursuant to Health and Safety Code § 5473.4, the Clerk of the Board shall, on or before August 10 of each year, file with the County Auditor/Controller-Recorder a copy of the report with a statement endorsed thereon over his or her signature that the report has been finally adopted by the Board. The Auditor/Controller-Recorder shall then enter the amounts of the delinquent fees (and the associated basic penalty and interest and costs of collection) against the respective lot or parcel of land as they appear on the current assessment roll. Pursuant to Health and Safety Code §§ 5473.5 and 5473.6, the amount of charges shall constitute a lien against the lot or parcel of land against which the charge has been imposed and the tax collector shall include the amount of charges on bills for taxes levied against the respective lots and parcels of land. (e) Any delinquent fees (and the associated basic penalty and interest and costs of collection) which are collected by the County shall be allocated as follows: (1) First, to the County up to the amount of the County's costs of collection; (2) Next, to the grantee which provided the uniform handling service which gave rise to the delinquent fees, up to the amount of the delinquent fees and the associated interest provided for in Subdivision (d)(1)(B); and (3) The remainder, if any, to the County. (f) As used herein, the County's costs of collection include, but are not limited to, any staff time and related expenses or Division charges involved in preparing the report, placing the Delinquent Fees on the tax roll, collecting or distributing the delinquent fees and determining which monies received by the Division from the tax collector relate to which delinquent fees account. (g) The County has no liability to pay the grantee any amount or sum for any delinquent fees and/or the associated interest to the extent same are not collected by the County. (Ord. 4385, passed - -2020; Am. Ord. 4434, passed - -2022; Am. Ord. 4485, passed - -2025)

Unless grantee is otherwise directed by Director, grantee shall not refuse to provide, or discontinue the providing of, solid waste handling service to any subscriber in a uniform handling area required to subscribe for uniform handling service. (Ord. 4385, passed - -2020; Am. Ord. 4434, passed - -2022)

Except as otherwise allowed in §§ 46.1401, 46.1402, 46.1403, and 46.1404, it shall be unlawful for any person to fail or refuse to subscribe or pay for uniform handling service implemented under this Chapter. Such a failure or refusal to subscribe or pay for required uniform handling service shall subject such person to the penalties provided in § 46.1601. (Ord. 4385, passed - -2020; Am. Ord. 4434, passed - -2022; Am. Ord. 4485, passed - -2025)

Within uniform handling areas, at the direction of the County, grantee agrees to bill subscribers for and collect an illegal dumping retrieval service fee as established from time to time by the Board as part of the County Code. Such fee may be changed by the Board, by providing 60 days written notice of a change to grantee. The grantee, as directed in writing by the County, shall either remit the fee collected to the County or provide mutually agreed upon specified illegal dumping retrieval and disposal services. (Ord. 4385, passed - -2020; Am. Ord. 4434, passed - -2022)