Part 6 — SOLID WASTE PROCESSING AND DISPOSAL FACILITIES

Editor's note— Ord. 30684, § 48, adopted Nov. 16, 2021, changed the title of Part 6 from "Solid Waste Disposal Facilities" to "Solid Waste Processing and Disposal Facilities," as set out herein.

No person shall operate a solid waste disposal facility in the city except in accordance with a solid waste facilities permit issued pursuant to Part 4 of Division 30 of the California Public Resources Code.

(Ord. 24315.)

A.

Each operator of a solid waste facility or any person who conducts solid waste handling shall pay a solid waste enforcement fee as set forth in the schedule of fees established by council resolution.

B.

The solid waste enforcement fee shall be based upon the weight, volume or type of solid waste that is received or handled by any such operator or upon any other appropriate parameter or any combination of the foregoing, commensurate with the cost of the solid waste enforcement program authorized under Division 30 of the California Public Resources Code.

C.

Each operator of a solid waste facility or any person who conducts solid waste handling shall pay the solid waste enforcement fee on or before the last day of the month immediately following the month in which the solid waste was received or handled. Any fee that is not paid on or before the due date shall be deemed delinquent.

D.

Any solid waste facility operator or person conducting solid waste handling who fails to pay the solid waste enforcement fee on or before its due date shall pay a first penalty of ten percent (10%) of the delinquent fee in addition to the delinquent fee.

E.

Any solid waste facility operator or person conducting solid waste handling who fails to pay the solid waste enforcement fee on or before thirty (30) days of its due date shall pay a second penalty of ten percent (10%) of the amount of the delinquent fee in addition to the delinquent fee and the first penalty.

F.

If the director of finance determines that the failure to pay the solid waste enforcement fee on or before its due date is because of an intentional, material misrepresentation or omission, or fraud by the solid waste facility operator or person conducting solid waste handling, the director shall impose an additional penalty in the amount of twenty-five (25%) of the fee.

G.

Any solid waste facility operator or person conducting solid waste handling who fails to pay the solid waste enforcement fee on or before its due date shall pay interest on the delinquent fee and on any assessed penalty or penalties as set forth in Chapter 1.17 of Title 1.

H.

The director shall waive the first penalty of ten percent (10%) imposed upon any solid waste facility operator or person conducting solid waste handling, if:

The solid waste facility operator or person conducting solid waste handling applies to the director for such a waiver no later than thirty (30) days from the date the fee was due to the city; and

The solid waste facility operator or person conducting solid waste handling has made timely payments for: (a) the five (5) years immediately prior to the date the fee was due to the city; or (b) the two (2) years immediately prior to the date the fee was due to the city if it has operated the solid waste facility or conducted solid waste handling for fewer than five (5) years; and

The solid waste facility operator or person conducting solid waste handling provides evidence satisfactory to the director that:

a.

Payment of the delinquent fee was postmarked or received by the city no more than three (3) days after its due date; or

b.

The solid waste facility operator or person conducting solid waste handling mistakenly made payment to a party other than the city on or prior to the date that payment was due to the city, and paid the delinquent fee and accrued interest owed the city prior to applying to the director for a waiver; or

c.

Failure to pay timely was due to circumstances beyond the control of the solid waste facility operator or person conducting solid waste handling and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect, and the solid waste facility operator or person conducting solid waste handling paid the delinquent fee and accrued interest owed the city prior to applying to the director for a waiver.

I.

The waiver provisions specified in Subsection H. shall not apply to interest accrued on the delinquent payments.

(Ords. 24315, 26171, 27863.)

A.

Each operator of a disposal facility located in the City shall pay a disposal facility operator integrated waste management fee as set forth in the schedule of fees adopted by resolution of the City Council. Such fee shall be based on the types or amounts of wastes accepted at the disposal facility and shall be used to pay the costs incurred by the City in: (i) preparing, adopting and implementing the Integrated Waste Management Plan required under Division 30 of the California Public Resources Code; and (ii) implementing Organic Material and Recyclable Materials diversion programs and services for compliance with current and future applicable law, including, but not limited to, AB 341, AB 1826, and SB 1383. The City shall retain the sole right to set priorities for the use of its disposal facility operator integrated waste management fee.

B.

The disposal facility operator integrated waste management fee shall be due and payable to the City at the same time as business taxes are due and payable under Chapter 4.76 of this Code or disposal facility taxes are due and payable under Chapter 4.78 of this Code.

C.

For the purposes of this Section 9.10.970, "disposal facility" means any facility or location where disposal of Solid Waste occurs and any Composting facility or location required to obtain a permit under Division 30 of the California Public Resources Code. "Disposal facility" does not include a facility utilized to receive Solid Wastes for the purpose of Recycling, separation or other Processing of the materials in the Solid Wastes, or for the purpose of transferring the Solid Wastes directly from smaller to larger vehicles for transport, where the permanent disposal of Solid Wastes on the site does not occur.

(Ords. 24315, 30684.)

A.

For the purposes of this section, the following terms shall be defined as follows:

"Solid waste facility" shall be defined as set forth in Chapter 2 of Part 1 of Division 30 of the California Public Resources Code.

"Solid waste landfill" shall be defined as set forth in Section 46027 of Part 6 of Division 30 of the California Public Resources Code.

"Local enforcement agency" means the city department or division designated as the local enforcement agency pursuant to Chapter 2 of Part 4 of Division 30 of the California Public Resources Code.

B.

Any person who proposes to become an operator of a solid waste facility shall file with the local enforcement agency an application for a solid waste facilities permit at least one hundred twenty days in advance of the date on which it is desired to commence operation of such facility. The application shall be accompanied by a filing fee as set forth in the schedule of fees established by resolution of the city council.

C.

Any operator of a solid waste facility who wishes to change the design or operation of the solid waste facility shall file with the local enforcement agency an application for a modified or revised solid waste facilities permit at least one hundred twenty days in advance of the date when the proposed change in design or operation is to take place. The application shall be accompanied by a filing fee as set forth in the schedule of fees established by resolution of the city council.

D.

Any operator of a solid waste facility who is required to have its solid waste facilities permit reviewed pursuant to Section 44015 of Chapter 3 of Part 4 of Division 30 of the California Public Resources Code shall file with the local enforcement agency an application for review of the solid waste facilities permit at least one hundred twenty days in advance of the date the permit is due for review. The application shall be accompanied by a filing fee as set forth in the schedule of fees established by resolution of the city council.

E.

Any operator of a solid waste landfill who is required to submit a plan for the closure of the landfill and a plan for the postclosure maintenance of the landfill pursuant to Article 3 of Chapter 2 of Part 4 of Division 30 of the California Public Resources Code shall file such plans with the local enforcement agency. At the time such plans are filed, the operator of the solid waste landfill shall also file with said director evidence of financial ability to provide for the cost of closure and postclosure maintenance as provided in Section 43600 of the Public Resources Code. Such plans and evidence of financial ability shall be accompanied by a filing fee as set forth in the schedule of fees established by resolution of the city council.

F.

Any operator of a solid waste landfill who wishes to modify or revise any closure plan or postclosure maintenance plan shall file an application therefor with the local enforcement agency. The application shall be accompanied by a filing fee as set forth in the schedule of fees established by resolution of the city council.

(Ord. 24315.)

A.

Owners of facilities, operations, and activities located in the City's boundaries that recover Organic Material, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon City request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about, throughout, and

permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within sixty (60) calendar days.

B.

Community Composting operators with operations located in the City's boundaries, upon City request, shall provide information to the City to support Organic Material capacity planning, including, but not limited to, an estimate of the amount of Organic Material anticipated to be handled at the Community Composting operation. Entities contacted by the City shall respond within sixty (60) calendar days.

(Ord. 30684.)

Owners of facilities, operations, and activities located in the City's boundaries that receive Recyclable Materials, Organic Materials, and/or Solid Waste shall provide to the City on a quarterly basis copies of all reports they are required to report to CalRecycle, including, at minimum, those required by law.

(Ord. 30684.)