San Joaquin County Municipal Code Ch. 6 Disposal Areas

No person shall operate a disposal area in the County unless such person first shall have obtained a disposal area permit issued by the Health District.

(Ord. 877; 2887)

Application for a disposal area permit shall be made in writing to the Health District on forms provided by the Health District.

(Ord. 877; 2887)

Upon receipt of an application from a public agency for a disposal area permit, for a disposal area not in operation at the time of the adoption of this division, the Health District shall refer said application to the County Planning Commission. Within thirty (30) days of the receipt of the application the Planning Commission shall hold a public hearing and after the public hearing shall make a report and recommendation to the Health District. Prior to the holding of the public hearing notice shall be given by publication.

(Ord. 877; 2887)

No disposal area permit for a disposal area to be operated by anyone other than a public agency shall be granted by the Health District unless the applicant has first secured a use permit, if one is required, in accordance with any applicable zoning or planning ordinances of the County.

(Ord. 877; 2887)

(a) If the Health District determines that the applicant can comply with the provisions of this division and the rules and regulations of the Health District, the Health District shall issue a revocable disposal area permit, without charge, for conducting and operating the disposal area. Permits shall be issued annually for the calendar year, and shall not be transferable.

(b) No disposal area permit shall be issued by the Health District unless it is first determined by the Health District that a need exists for a disposal area in the area in which it is proposed by the applicant to locate or unless by the operation of the disposal area, abandoned excavations will be reclaimed, eliminating hazards to persons and surrounding property.

(c) It is hereby declared that paragraph (b) of this section is enacted in order to limit the number of disposal areas within the County to the minimum number actually required for the efficient and economic disposal of waste, refuse, garbage, industrial waste, and commercial garbage originating in the County except that one disposal area permit may be granted for a disposal area for waste, refuse, garbage, industrial waste, and commercial garbage originating outside the County. It is further declared that such a limitation is necessary for the protection of the health and welfare of the residents of the County.

(Ord. 877; 895; 1579; 2887)

Renewal of disposal area permits shall be applied for and acted upon in the same manner as original permits, except that there shall be no referral to the Planning Commission. Permits shall be renewed if the permit holder has, during the preceding year, operated in conformance with the provisions of this division and the rules and regulations of the Health District, and if it is evidenced to the Health District that the applicant is capable of continuing operations in conformance with the provisions of this division and with the rules and regulations of the Health District.

(Ord. 877; 2887)

The Health District may require, in connection with any disposal area permit issued to a person other than a public agency, that the applicant file with the Board of Trustees of the Health District before a permit is issued a surety bond in an amount fixed by the Board of Trustees of the Health District, conditioned to guarantee faithful compliance with this division and with the rules and regulations of the Health District.

(Ord. 877; 2887)

At all disposal areas refuse disposal shall be by means of sanitary landfill, by incineration in properly designed and properly operated incinerators, or by other methods approved in writing by the Health District.

(Ord. 877; 2887)

Any person responsible for the feeding to swine of any refuse produced other than on the farm premises on which such swine are located, or anyone operating a hog farm or animal feeding yard, shall have a disposal area permit; however, no permit shall be required if the feeding operation is conducted entirely pursuant to, and in conformity with, a permit issued by the State Department of Agriculture.

(Ord. 877; 2887)