San Joaquin County Municipal Code Ch. 13 Solid Waste Landfill AB 939 Compliance Fee

As used in this chapter, the following words and phrases shall have the meanings set forth in this section. The definitions in this chapter shall apply only to the provisions of this chapter.

(a) "AB 939 Compliance Fee" or "fee" means and refers to the charge imposed by this chapter, pursuant to Public Resources Code Sections 41901 and 41902, as they may be amended from time to time, on all solid waste landfills operating in the County of San Joaquin.

(b) "Solid waste facility permit" means and refers to the permit that a landfill must obtain as a condition of operation pursuant to the regulations and standard promulgated by the California Integrated Waste Management Board, or its successor agency.

(c) "Solid waste landfill" or "landfill" means and refers to a disposal facility whether publicly or privately owned, that accepts solid waste for land disposal and which is authorized by a solid waste facility permit to operate as a Class II or Class III landfill.

(d) "Solid waste" means and refers to waste that the California Integrated Waste Management Board, or its successor agency, has deemed acceptable for disposal at a Class II landfill or at a Class III landfill.

(e) "County" means and refers to the County of San Joaquin.

(f) "Director" means and refers to the Director of the County Department of Public Works or his or her designee.

(g) "Board of Equalization" means and refers to the California State Board of Equalization who administers the Integrated Waste Management Fee Program under Section 48000 et seq. of the Public Resources Code, or its successor agency.

(Ord. 4248 § 1 (part), 2005)

(a) Every operator of a solid waste landfill shall pay a monthly fee to the County in the amount of two dollars ($2.00) per ton of solid waste received that is subject to the payment of Board of Equalization disposal fees. Annual adjustments to the AB 939 Compliance Fee shall take effect on the dates specified in the fee schedule, as outlined below:

(1) January 1, 2026: Increase of one dollar ($1.00) (AB 939 Compliance Fee: three dollars ($3.00))

(2) January 1, 2027: Increase of one dollar ($1.00) (AB 939 Compliance Fee: four dollars ($4.00))

(3) January 1, 2028: Increase of one dollar ($1.00) (AB 939 Compliance Fee: five dollars ($5.00))

(4) January 1, 2029: The AB 939 Compliance Fee per ton for the prior year (2028) will be increased by a percent equal to the average annual percent increase (averaged to one decimal point) in the Consumer Price Index for All Urban Consumers (CPI-U) for the San Francisco-Oakland- Hayward, California area (CBSA)(CUURA422SA0), over the prior three (3) year period ending June 30, 2028; provided, however, that such increase shall not exceed five percent (5%) of the prior year's AB 939 Compliance Fee.

(5) January 1, 2030: The AB 939 Compliance Fee per ton for the prior year (2029) will be increased by a percent equal to the average annual percent increase (averaged to one decimal point) in the Consumer Price Index for All Urban Consumers (CPI-U) for the San Francisco-Oakland- Hayward, California area (CBSA)(CUURA422SA0), averaged over the prior three (3) year period ending June 30, 2029; provided, however, that such increase shall not exceed five percent (5%) of the prior year's AB 939 Compliance Fee.

(6) January 1, 2031: The AB 939 Compliance Fee per ton for the prior year (2030) will be increased by a percent equal to the average annual percent increase (averaged to one decimal point) in the Consumer Price Index for All Urban Consumers (CPI-U) for the San Francisco-Oakland- Hayward, California area (CBSA)(CUURA422SA0), averaged over the prior three (3) year period ending June 30, 2030; provided, however, that such increase shall not exceed five percent (5%) of the prior year's AB 939 Compliance Fee.

(b) The fee shall be due and payable each month, on or before the last day of the month immediately following the month in which the landfill received the solid waste.

(c) The fee shall be made payable to the County of San Joaquin and submitted directly to the County Department of Public Works to the attention of the Director.

(d) The County Board of Supervisors may modify the fee from time to time by resolution or ordinance.

(Ord. 4248 § 1 (part), 2005; Ord. No. 4676, 6-3-2025)

(a) Payment must be received by the County Department of Public Works on or before the last day of the month immediately following the month in which solid waste was received at the landfill.

(b) Payments received after the due date will be assessed a late charge equal to five percent (5%) of the amount past due.

(Ord. 4248 § 1 (part), 2005)

Every operator of a solid waste landfill shall submit monthly waste quantity reports, detailing all materials received and which are subject to Board of Equalization disposal fees, to the Director of Public Works together with its payment of the required fee. The report shall be on a County-prepared form, made available upon request to landfill operators by the County Department of Public Works.

(Ord. 4248 § 1 (part), 2005)

(a) The fees collected pursuant to this chapter shall be deposited in a newly created AB 939 Special Revenue Fund, the establishment of which is hereby authorized.

(b) The fees collected pursuant to this chapter shall be used exclusively to pay the costs of implementing the County's countywide integrated waste management plan and programs, including the plans and programs indicated in the County's source reduction and recycling and for expenses incurred in the County's administration of the AB 939 Compliance Fee and the AB 939 Special Revenue Fund.

(Ord. 4248 § 1 (part), 2005)

(a) Violation of any of the provisions of this chapter shall constitute an infraction subject to a fine not to exceed one hundred dollars ($100.00) for a first violation, a fine not to exceed two hundred dollars ($200.00) for a second violation within one (1) year; and a fine not to exceed five hundred dollars ($500.00) for each additional violation within one (1) year.

(b) Violation of any provision of this chapter may be prosecuted by County authorities in the name of the people of the State of California or redressed by civil action.

(c) The enforcement remedies specified herein are not exclusive, and the County may pursue any or all of them as it deems appropriate.

(Ord. 4248 § 1 (part), 2005)

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter or any part thereof is for any reason held to be invalid or unconstitutional or ineffective by a decision of any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter. The Board of Supervisors hereby declares that it would have passed each and every section, subsection, subdivision, paragraph, sentence, clause, and phrase of this chapter irrespective of the fact that one (1) or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unconstitutional or ineffective. To this end, the provisions of this chapter are declared to be severable.

(Ord. 4248 § 1 (part), 2005)