San Luis Obispo County Municipal Code Ch. 8.12 Solid Waste Management

Except as otherwise provided herein, the following words and phrases shall be interpreted consistent with the definitions set forth in Public Resources Code commencing with Section 40100, the Health and Safety Code commencing with Section 25110, and Title 14 California Code of Regulations commencing with Section 17225.

"Act" means the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000 et seq.) and all regulations adopted under that legislation, as may be amended from time to time.

"Agricultural byproducts" means agricultural solids wastes as defined in Title 14 California Code of Regulations Section 17225.3.

"Board" means the board of supervisors of the county.

"Bulky waste" means and includes, but not by way of limitation, discarded white goods i.e., major household appliances, furniture, tires, carpets, mattresses and similar large items.

"Buy-back center" means a facility which pays a fee for the delivery and transfer of ownership to the facility of source-separated material for the purpose of recycling or composting.

"Cardboard" means post-consumer waste paper grade corrugated cardboard (#11), brown paper bags or solid fiber boxes which have served their packaging purpose and are discarded and can later be reclaimed for collection and recovery for recycling.

"Cleanup people" means those individuals or firms exclusively providing solid waste cleanup and removal services at residential, commercial, industrial or institutional locations.

"Collection" means the act of collecting solid waste materials or recyclables at residential, commercial, industrial or governmental sites and hauling it to a facility for processing, transfer, disposal or burning.

"Collection vehicle or equipment" means any vehicle or equipment used in the collection of residential, commercial, industrial or governmental solid waste or recyclables.

"Collector" means any person who operates a service route or provides service and is directly or indirectly reimbursed for the collection, transportation and disposal or recycling of solid waste or recyclables from residential, commercial or industrial premises in the unincorporated area of San Luis Obispo County.

"Compost" means the product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility. Compost includes vegetable, yard and wood waste which is not hazardous waste.

"Composting facility" means a permitted solid waste facility at which composting is conducted and which produces compost.

"Construction and demolition waste" means the residual building materials, packaging and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses, commercial buildings and other structures.

"Container" means any bin, vessel, can or receptacle used for collecting solid waste or recyclables for removal, whether owned by the collector, property owner or tenant.

"County" means the unincorporated territory of the County of San Luis Obispo.

"Curbside collection" means the collection of recyclables or solid waste from a location adjacent to the street or alleyway.

"Disposal facility" means any facility or location where disposal of solid waste occurs. The disposal facility includes the place, location, tract, area or premises in use, intended to be used or which have been used for the disposal of waste.

"Disposal site" means the place, location, tract, area or premises in use, intended to be used or which has been used for the disposal of waste.

"Fiscal year" shall mean the period of time beginning on July 1st of one calendar year and ending on June 30th of the following calendar year.

"Food waste" means all institutional, residential and commercial food product waste.

"Franchise" means the right and privilege in accordance with a franchise agreement (a) to collect; (b) to transport to a landfill or other permitted disposal facility; and/or (c) to recycle, from collected solid waste and recyclables, all solid waste kept, generated and/or accumulated within the county from the franchise area.

"Franchise fee" means the fee or assessment imposed by the county on a franchisee because of his or her status as a franchisee. The term franchise fee does not include (a) any tax, fee or assessment of general applicability including any such tax, fee or assessment imposed on both businesses and contractor or their services; or (b) requirement reimbursements, charges or fees incident to the awarding, administering, enforcing, transfer or renewal of a franchise including payments of bonds, consultant, administrative expenses, fees described in the county fee ordinance for this chapter, attorney fees, security funds, letters of credit, insurance, indemnification, penalties or liquidated damages.

"Garbage" means the putrescible animal, fish, fowl, food, fruit, bakery goods or vegetable matter resulting from the preparation, storage, processing, handling, decay, distribution, manufacturing or consumption of such substance except suet, tallow, bones or meat trimmings that are not rejected by the owner or producer as worthless or useless.

"Glass bottles and jars" means food and beverage glass containers including container glass covered by the deposit law and excluding household and kitchen containers such as drinking glasses, cups and cooking and serving dishes.

"Greenwaste" means all grass clippings, leaves, branches and tree trunks and other yard waste generated by residents and placed at the curb.

"Hazardous waste" means any waste material or mixture of waste which is toxic, corrosive, flammable, or reactive if such a waste or mixture of waste may cause injury, illness or harm to humans, animals, or the environment during or as an approximate result of any disposal of such waste or mixture of waste as defined in Article 2 Chapter 6.5 Section 25117 of the Health and Safety Code and Public Resource Code Section 40141.

"Health officer" means the duly appointed director of the county health agency or his or her duly authorized representative.

"Industrial solid waste" means solid waste originating from mechanized manufacturing facilities, factories, refineries, construction and demolition projects, publicly operated treatment works and/or solid waste placed in commercial collection bins.

"Inert" means materials such as concrete, soil, asphalt, ceramics, earthen cooking ware, automotive safety glass and mirrors.

"Landfill" means a disposal site at which solid waste is deposited and compacted before burial in a specially prepared area which provides for environmental monitoring and treatment.

"Litter" means all improperly discarded waste material, including but not limited to, convenience food, beverage and other product packages or containers constructed of steel, aluminum, glass, paper, plastic and other natural and synthetic materials thrown or deposited on the lands and waters of the state but not including the properly discarded waste of the primary processing of agriculture, mining, logging, saw milling or manufacturing pursuant to California Code of Regulations Title 14 Section 17225.42.

"Local enforcement agency" means the agency which has been certified by the California Integrated Waste Management Board as a comprehensive solid waste management agency which performs inspection, enforcement and permitting duties in all jurisdictions within San Luis Obispo County. The current local enforcement agency is the county health agency.

"Manure" means excreta from chickens, horses, cattle and other animals.

"Medical solid waste" means waste which is not biohazardous, such as paper towels, paper products, articles containing nonfluid blood and other medical solid waste products commonly found in the facilities of medical waste generators pursuant to California Health and Safety Code, Section 117700.

"Medical waste" means biohazardous waste, sharps waste, and/or waste generated or produced, as a result of the diagnosis, treatment or immunization of human beings or animals, in research pertaining thereto or in the production or testing of biologicals pursuant to California Health and Safety Code, Section 117690.

"Multifamily dwelling" means a structure or structures containing a total of three or more dwelling units in any vertical or horizontal arrangement on a single lot or building site that shares common solid waste storage.

"Newspaper" means materials printed on newsprint also known as old newspaper or ONP.

"Nuisance" means anything which is injurious to human health or is indecent or offensive to the senses and interferes with the comfortable enjoyment of life or property.

"Occupant" means every owner, tenant or person having the care or control of any property or premises.

"Office building" means any office and/or combination of offices enclosed in a single or connected buildings used for commercial, governmental or educational purposes.

"Office paper" means waste paper grades of computer, white and colored ledgers, including forms, copy paper, stationery and other papers generally associated with office activity.

"Office recyclables" means office paper, corrugated cardboard, newspaper and aluminum and other recyclables.

"Operator" means the person to whom the approval to operate a disposal site, transfer or processing station, composting facility or collection service is granted.

"Permit area" means an area in which a permittee is allowed to operate pursuant to a permit issued by the health officer or by the LEA.

"Permittee" means a person or corporation who has been granted a permit as prescribed in this chapter to engage in the collection, transportation, transfer, processing, recycling, composting or disposal of solid waste or recyclables within the county.

"Person" means any individual, firm, association, partnership, political subdivision, government agency, municipality, public or private corporation or any other entity whatsoever.

"Plastic containers" means containers marked to identify their composition as polyethylene terephthalate (PET No. 1), natural or color high density polyethylene (HDPE No. 2), polyvinyl chloride or vinyl (PVC No. 3), low density polyethylene (LDPE No. 4), polypropylene (PP No. 5), polystyrene (PS No. 6), or any other resin (OTHER No. 7) that may be used for containing milk, juice, water, detergent or other household products.

"Pollution" means the condition caused by the presence in or on a body of water, soil or air of any solid waste or substance derived therefrom in such quantity of such nature and duration or under such condition that the quality, appearance or usefulness of the water, soil, land or air is significantly degraded or adversely altered.

"Premises" means a tract or parcel of land with or without habitable buildings or appurtenant structures.

"Processing" means the reduction, separation, recovery, conversion or recycling of solid waste.

"Processor" means any person regularly engaged in the processing and/or recycling of solid wastes.

"Putrescible waste" means organic material with a decomposition capacity to emit noticeable quantities of odor and gaseous byproducts. Material in this category includes but is not limited to kitchen waste, dead animals, and food waste.

"Radioactive waste" means any waste which exceeds regulatory levels of activity as defined in Chapter 7 of the California Health and Safety Code.

"Ranch or farm" means property which lies within a zone classification of agricultural or rural lands which is devoted primarily to commercial agricultural purposes, directly related to the growing of crops or animals for the primary purpose of making a profit or for a livelihood.

"Recyclables" means aluminum, glass bottles and jars, paper, newspaper, cardboard, plastic containers, tin and bimetal, white goods, yard or green waste and other materials which can be processed and returned to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.

"Removal" means the act of taking solid waste, recyclables or recoverable material from the place of generation either by an approved collector or by a person in control of the premises.

"Removal frequency" means the frequency of removal of solid waste or recyclables from the place of generation.

"Residential service" means collection of all types of domestic garbage and rubbish which originate in residential dwellings.

"Residential solid waste" means solid waste originating from single family or multifamily dwellings.

"Roll-off box," also called a drop box, means an open top, movable container in which primarily nonputrescible solid waste such as construction and demolition debris or nonputrescible recyclables are stored until removed from the premises.

"Rubbish" means nonputrescible solid waste such as ashes, paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, plastics, rubber byproducts or litter.

"Rural container station" means a solid waste facility where moveable bins are maintained for solid waste disposal by individuals.

"Salvaging" means the controlled and/or authorized storage and removal of solid waste, recyclables or recoverable material.

"Scavenging" means the uncontrolled and/or unauthorized removal of solid waste, recyclable or recoverable materials.

"Segregation of waste material" means the placement of recyclables in separate containers, the binding of recyclable materials separately from the other waste or the physical separation of recyclables from other waste materials.

"Single-family dwelling" means a structure containing a single dwelling unit.

"Solid Waste" means all putrescible and nonputrescible solid, semisolid and liquid waste such as garbage, rubbish, paper, ashes, industrial waste, demolition and construction waste, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid waste, including liquid waste disposed of in conjunction with solid waste at a solid waste transfer/processing station or disposal site but excluding materials or substances having commercial value which have been salvaged for reuse, recycling, composting, or resale.

"Solid waste bin" means a covered or fully enclosed movable container, in which putrescible and non-putrescible solid wastes or recyclables are stored until removed from the premises, including but not limited to privately owned or proprietary bins, enclosed roll-off type bins or compactor roll-off type bins.

"Solid waste facility" means a disposal site, composting facility, transfer or processing station, incinerator or any facility specified in the Public Resources Code Section 40194.

"Solid waste handling" means the storage, collection, transportation, treatment, utilization, processing and/or disposal of solid wastes.

"Solid waste management" means a planned program for effectively controlling the storage, collection, transportation, processing, recycling, reuse, conversion or disposal of solid waste in a safe, sanitary, aesthetically acceptable, environmentally sound and in an economical manner. It includes all administrative, financial, environmental, legal and planning functions as well as the operational aspects of solid waste handling, disposal, litter control and resource recovery systems necessary to achieve established objectives.

"Source separation" means the separation, at the place of generation or production, of wastes and resources for separate collection, processing, recycling, reuse, recovery or disposal.

"Storage" means the interim containment of solid waste materials and recyclables in an approved manner after generation and prior to disposal.

"Tin and bimetal cans" means any food or beverage containers which are composed of steel with a tin coating or are composed of steel and aluminum.

"Tote box" means an uncovered plastic box varying in size and capacity used to contain recyclable materials.

"Transfer or processing station" means a facility utilized to receive solid waste or recyclables and to temporarily store, separate, convert or otherwise process solid waste or recyclables.

"Transporter" means any person providing solid waste hauling service who transports said solid waste through the unincorporated areas of San Luis Obispo County.

"Vector" means a carrier, usually an insect or a rodent, which is capable of transmitting a disease.

"Waste wheeler" means a covered plastic bin varying in size and capacity equipped with wheels or casters. Such bins may be used for putrescible and nonputrescible waste or recyclable materials.

"White goods" means kitchen or other large appliances.

"Wood waste" means lumber and wood products.

"Yard waste" means leaves, grass, weeds, and wood materials from trees and shrubs.

(Ord. 2605 § 1 (part), 1993: Ord. 2604 § 1 (part), 1993)

(Ord. No. 3468, § 25, 4-5-22)

This chapter shall be administered and enforced by the health officer, county engineer, auditor-controller and such other county departments and officials as may be designated by this chapter or county policy.

(Ord. 2604 § 1 (part), 1993)

All notices required or given pursuant to this chapter shall be deemed properly served when served by personal delivery or when deposited by certified mail, postage prepaid, in the United States post office, or a mail box, subpost office, substation or mail chute, or other like facility.

(Ord. 2604 § 1 (part), 1993)

The County of San Luis Obispo is charged with enforcement and administration of this chapter, and its departments are authorized to make necessary and reasonable policies and procedures with respect to the accumulation, collection, transportation, processing, recycling, and disposal of various types of solid waste, consistent with this chapter.

(Ord. 2604 § 1 (part), 1993)

Any permit, license, agreement, franchise or other instrument authorized by this chapter shall include an indemnification provision, in a form and content to be approved by county counsel, which provides for indemnification to the county for actions, misconduct or violations of law or regulations on the part of the indemnitor or indemnitor's agents and employees.

(Ord. 2604 § 1 (part), 1993)

No permittee shall use a firm name containing the words County of San Luis Obispo or other words implying county ownership.

(Ord. 2604 § 1 (part), 1993)

The owner, occupant or operator of any premises, business establishment or other property, vacant or occupied, shall be responsible for the safe and sanitary storage of all solid waste and recyclables accumulated on the property. The property shall be free of excessive amounts of solid wastes and litter, except that manure or wood, leaves and other greenwaste may be accumulated, providing that no nuisance is created.

(Ord. 2604 § 1 (part), 1993)

(a) Except as provided in subsection (b) below, the occupant of any dwelling, house or place of human habitation, including a business establishment, shall dispose of or remove from the premises, at least once each week, all solid waste created or produced or accumulated in or about the premises.

(b) All solid waste created, produced or accumulated at or about any restaurant, retail or wholesale market, food processing facility, hotel, motel, or other business establishment where food is sold, prepared or served, shall be removed from the premises at least twice each week, or more frequently if determined necessary by the health officer.

(Ord. 2604 § 1 (part), 1993)

(a) Each collection permittee shall provide a minimum regular collection schedule for his or her customers within the territory specified by permit. The schedule shall be set forth in the permit authorizing collection.

(b) No collections shall be made in residential districts or at schools, churches, hospitals, offices, motels, hotels or commercial establishments adjacent to such residential districts prior to six a.m. or after nine p.m.

(a) Each solid waste and recyclables collection permittee shall provide pickup service to all residential premises and commercial establishments situated within the area specified in his or her permit, subject to payment by the residential occupant or operator of a commercial establishment.

(b) Subject to payment, in accordance with approved rates, no solid waste facility permitted as provided in Section 8.12.610 may refuse to accept solid waste from any person, providing that an approved wasteshed control program does not limit such acceptance and the facility is authorized to accept such waste. Exceptions limiting special wastes such as asbestos containing waste, dead animals, sewage sludge, liquid waste, vehicle tires or other waste, may be approved by the health officer.

(c) All solid waste and recyclables collection and solid waste facility services shall be provided to every person, commercial establishment or other entity on an equal, nondiscriminatory basis.

(Ord. 2604 § 1 (part), 1993)

(a) No person maintaining any premises where garbage is created, accumulated, or produced shall fail or neglect to procure and utilize sufficient containers, as specified in subsections (1), (2), (3) or (4) below:

(1) All garbage created, accumulated or produced on the premises shall be stored in watertight, impervious containers having close-fitting lids and shall be constructed of substantial, nonabsorbent materials.

(2) All recyclables and solid wastes, other than garbage, shall be stored in containers which are sufficient in size to hold all such material without spilling or causing litter or a nuisance. Paper or plastic bags may be used if they are securely closed and of sufficient strength to resist puncture or attack by animals.

(3) Mixed solid wastes may be stored together if the container meets the requirements set forth in subsection (a)(1) of this section.

(4) Mechanically lifted solid waste bins may be used if they meet the requirements of the State Minimum Standards for Solid Waste Handling and Disposal, Title 14 California Code of Regulations, commencing with Section 17301.

(5) All such containers, with the exception of bags specified in subsection (a)(2) of this section, or mechanically dumped bins, shall have external handles or a bail. With the exception of mechanically dumped bins or waste wheelers, containers shall not exceed thirty-five gallons in capacity and a total weight of seventy-five pounds. Where putrescible waste is deposited, the container shall have doors or covers which are insect resistant and such doors or covers shall remain closed except during loading and unloading.

(6) Containers for solid waste and recyclables shall be of an adequate size and in sufficient numbers to contain, without overflowing, all the material that a household or other establishment generates within the designated removal period.

(b) Location of Solid Waste Containers.

(1) Each solid waste container provided by the owner, manager or person in possession, charge or control of any residential, commercial or industrial buildings, complexes, developments and projects and every person occupying a dwelling within the unincorporated area of the county shall be kept or placed entirely above ground level at a location which is convenient for access by collection personnel during the time for collection, as set forth in this section.

(2) Where collection occurs at an alley, waste containers shall be placed along side and within ten feet of the alley.

(3) Where collection occurs at the street, waste shall be placed along side and within ten feet of the street.

(4) Provisions shall be made for easy access, with no obstacles. Where in-yard service is provided, proportionately higher rates may be charged by the hauler subject to the rate setting process pursuant to this chapter.

(c) Requirements for Solid Waste Storage Area.

(1) Each storage area serving any building or occupancy using solid waste bins shall be located within one hundred feet of the dwelling or building it serves. Containers or bins with a capacity of over one hundred gallons shall not be permanently located closer than twenty-five feet to any windows, doors or ventilation intake in any dwelling or other building, either on the subject property or adjacent properties. No can or bin shall be permanently located in any front setback area or on public property. Sufficient retaining walls, fences, guard rails or bumpers shall be constructed to protect adjacent parking spaces. The floor or bottom surface of the solid waste storage area shall be made of concrete or other approved impervious material and shall provide an anti-roll curb. The geometry of the waste collection area shall be such that bins may be conveniently loaded onto or emptied into collection vehicles without having to move the bins prior to their initial contact with the collection vehicle at the start of the vehicle loading cycle, except that bins equipped with wheels or casters may be located such that they do not have to be moved more than ten feet to properly position them to make the initial contact with the vehicle.

(d) Litter Receptacles. The placement and maintenance of litter receptacles shall be governed by Title 14, California Code of Regulations, commencing with Section 17830.

(Ord. 2604 § 1 (part), 1993)

(a) Roll-off box service shall not be utilized to replace normal solid waste or curbside recyclables collection and transportation service.

(b) Roll-off box service may be utilized to transport nonputrescible recyclables stored in roll-off boxes, enclosed roll-off type bins and compactor roll-off type bins.

(c) Roll-off boxes shall not be utilized for the storage, collection or transportation of putrescible solid waste or putrescible recyclables.

(d) Notwithstanding Section 8.12.522, roll-off box service providers shall be subject to the permitting requirements commencing at Section 8.12.501.

(e) Roll-off boxes containing nonputrescible solid waste or recyclables shall be covered during transportation.

(f) Roll-off boxes shall be identified with the name and telephone number of the service provider and shall be equipped with reflectors or reflective markings on each exterior corner.

(Ord. 2604 § 1 (part), 1993)

(a) Solid waste bin service may be utilized for normal solid waste or curbside recyclables collection and transportation service.

(b) Regardless of whether a bin is privately owned or is proprietary, service for the solid waste bin shall be provided only by a permittee authorized by a solid waste or recyclables collection and transportation permit valid for the territory in which the bin is located.

(c) Nothing shall prohibit a permittee, subject to subsection (b) of this section, from contracting with any permitted roll-off box service for transportation of a solid waste bin.

(d) Solid waste bins shall be identified with the name and telephone number of the owner or service provider.

(Ord. 2604 § 1 (part), 1993)

(a) Culled fruits and vegetables which cannot be used for animal feed, returned to soil, or recovered in another manner shall be disposed of only in a disposal site authorized under Section 8.12.523(2) or 8.12.610.

(b) Agriculture byproducts or wastes, not of plant or animal origin, such as nonhazardous packaging, plastic film or shop wastes, shall be disposed of in a disposal site authorized under Section 8.12.523(2) or 8.12.610.

(Ord. 2604 § 1 (part), 1993)

The use of solid waste disposal service shall be mandatory in all areas established and designated in this chapter.

(1) Solid waste disposal service shall be mandatory for all places and premises located within the urban reserve lines of the Baywood/Los Osos area as established by the Land Use Element and Local Coastal Plan Estero Planning Areas of the San Luis Obispo County General Plan. It shall be mandatory, for all places and premises in or on which garbage or other solid waste is created, accumulated or produced, to use the authorized collection service; provided, however, there may be joint or multiple use of commercial solid waste containers, subject to reasonable conditions established by the collection service.

(Ord. 2604 § 1 (part), 1993)

For the purposes of establishing liability and responsibility for the payment of the fees and charges hereinafter referred to, the party responsible for payment for solid waste service is deemed to be the property owner and all the fees and charges hereinafter referred to shall be collected directly by the authorized collection service, unless otherwise provided for in a written agreement, including a franchise agreement, by and between the collection service and the county.

(Ord. 2604 § 1 (part), 1993)

(a) When any party, by reason of special circumstances, believes that the mandatory solid waste service provisions prescribed herein are unjust or inequitable as applied to a particular place and premises within the specified area, the applicant may make written application to the collection service provider stating the special circumstances, citing the provisions complained of, and requesting suspension or modification of such provision or charges as applied to his or her place and premises. The collection service provider shall then forthwith cause an investigation of the conditions upon which the application is based. If the collection service provider finds that such provisions or charges are unjust or inequitable as applied to the applicant's place and premises within the specified area, the provider may suspend or modify the provision or charge complained of as applied to such place or premises to be effective as of a date specified and to continue during the period of the special circumstances so found. If the collection service provider finds that there is no basis for equitable relief to and for the applicant as provided herein, the applicant may appeal, subject to payment of a fee approved by the board of supervisors, the collection service provider decision to the health officer who shall consider such appeal at his or her earliest possible convenience. After the hearing of the appeal, the health officer shall determine the propriety of equitable relief to and for the applicant as provided for herein, with the decision of the health officer thereon being conclusive and final. The health officer's decision shall be provided in writing to the applicant and the collector.

(b) Exemptions granted pursuant to subsection (a) of this section are effective for one year.

(Ord. 2604 § 1 (part), 1993)

Editor's note— Ord. No. 3230, § 1, adopted August 28, 2012, repealed §§ 8.12.450—8.12.490, which pertained to definitions, threshold for covered projects, submission of recycling plan, review of recycling plan, compliance with recycling plan—disposal report, infeasible exemptions, appeals, civil penalties, and effective date, respectively and derived from Ord. No. 3033, 2004.

It is unlawful for any person to collect, haul, or transport for hire solid waste or curbside recyclables on any highway within the county unless there is in force with respect to such person a permit to engage in such occupation, as provided in this chapter. The provisions of this section shall not apply to persons or business establishments hauling household, industrial, or commercial waste or recyclables from their own premises, and shall not apply to farming or agricultural operations, to municipalities or to public agencies, nor to persons granted a permit exemption under Section 8.12.522; provided, however, that those persons exempt from the requirements of this section shall not create a public or private nuisance, and shall comply with all other requirements for collection and transportation of solid wastes and recyclables.

(Ord. 2604 § 1 (part), 1993)

Applicants for a solid waste or curbside recyclables collection and transport permit under this chapter must file with the health officer a typewritten application in a format approved by the health officer which shall at a minimum provide the following information:

(1) Full name;

(2) Permanent home and business address of the applicant;

(3) Trade and firm name;

(4) If a joint venture or a partnership or limited partnership, the names of all partners and of their percentage of participation and their permanent addresses; if a corporation, the names and permanent addresses of all the officers;

(5) a.

Evidence showing that an applicant for a solid waste collection and transportation permit has arranged for disposal of all solid waste collected or transported by him or her to an authorized disposal site where the same may legally be accepted and disposed of, and the location of that disposal site; or,

b. Evidence showing that an applicant for a curbside recycling collection and transportation permit has arranged for the sanitary storage and recycling of the collected materials and proper disposal of any nonrecyclable residue;

(6) Facts showing that the applicant is qualified to render efficient solid waste or curbside recyclables collection and/or transportation service;

(7) Facts showing that the applicant has adequate experience in the collection and transportation of solid waste or curbside recyclables;

(8) A description of all vehicles and equipment used or intended to be used by the permittee, including vehicle type, license number, age and condition;

(9) A statement certifying that the vehicles and equipment identified in subsection (8) above are in compliance with the requirements of this chapter, the state minimum standards for solid waste handling and disposal, applicable provisions of the vehicle code, and other specified requirements;

(10) Facts demonstrating that the applicant owns or has access to suitable facilities for the storage, maintenance and cleaning of vehicles and equipment;

(11) Evidence showing that the issuance of a permit is in the public interest; and

(12) Such other facts or information as the health officer may require.

(Ord. 2604 § 1 (part), 1993)

Upon receipt of a completed application for a permit to collect or transport solid wastes or curbside recyclables, the health officer shall determine if the applicant meets all the requirements of this chapter and all applicable state and federal laws and regulations.

(1) Decision. A decision to issue or not to issue the permit shall be made by the health officer within one hundred twenty days from the receipt of a complete application.

(2) Issuance. The applicant shall have forty-five days to review and comment on the proposed permit prior to its issuance by the health officer. By signing the permit in the space provided for signature, the applicant shall be deemed to have accepted all of the terms and conditions specified in the permit. The health officer may issue a permit with revised conditions upon determination that such revised conditions are necessary to ensure that the operation can be carried out within the standards of this chapter and applicable state and federal laws or regulations.

(3) Conditional Approval. The health officer may issue a permit for collection or transportation subject to conditions which will bring the operation or service into compliance with the standards of this chapter or applicable state or federal laws or regulations, in which case the conditions shall be specified in writing.

(4) Franchise Requirement. In cases where the permit area is subject to a franchise, the solid waste permit for collection and transport shall become effective once the applicant has obtained a franchise, unless exempted by the health officer from this requirement.

(5) Appeal. If the health officer determines that a permit for collection or transport shall not be issued or if the decision to issue or not issue the permit is not made as provided in subsection (1) above, the applicant shall have the right to a hearing before the board of supervisors. A request for a hearing shall be made by the applicant in writing to the clerk of the board of supervisors within fifteen calendar days after receipt of notice of denial or within fifteen calendar days after the period provided in subsection (1) above has passed. Upon receipt of the written request for hearing, the clerk of the board shall set the matter for hearing on a date not more than sixty days following the receipt of the written request, and shall give written notice of the time, date and place of hearing to the applicant and the health officer. At the hearing, the applicant shall have the burden of proof to show facts demonstrating that the applicant meets the requirements of this chapter and applicable state and federal laws and regulations and that the granting of the permit is required by the public safety, health, welfare, convenience or necessity. The board of supervisors shall render its decision within fifteen days after the close of the hearing on appeal. The decision of the board shall be final.

(Ord. 2604 § 1 (part), 1993)

(a) The term of a permit to collect and/or transport solid waste or curbside recyclables shall not exceed five years.

(b) The term of all other permits shall be as specified by the health officer.

(Ord. 2604 § 1 (part), 1993)

Permits to collect and/or transport solid waste or curbside recyclables may be renewed by the health officer upon expiration thereof if the health officer finds from the facts that the permittee has, during the period of the expiring permit, operated in conformity with the provisions of this chapter and all applicable laws, the policies and procedures of the health officer, and that the permittee is capable of continuing operations in conformity with the provisions of this chapter, all applicable laws, and with the policies and procedures of the health officer.

(Ord. 2604 § 1 (part), 1993)

Every permittee shall file a statement of ownership with the health officer by July 1st of each year and shall verify the same as being true and correct under the penalty of perjury. This statement shall be in such form as may be prescribed by the health officer.

(Ord. 2604 § 1 (part), 1993)

(a) Bond. Before issuance of any permit under this chapter, the health officer shall require the applicant, as a condition to the issuance of the permit, to post with the health officer a cash bond, or a surety bond furnished by a corporate surety authorized to do business in the state, or any other suitable form of surety approved by county counsel, payable to the county. The bond shall be conditioned upon the full and faithful performance by the permittee of his or her obligations under the applicable provisions of this chapter and shall be kept in full force and effect by each permittee throughout the life of the permit and all renewals thereof. The board of supervisors from time to time may, by resolution, establish specific bond requirements as may be deemed necessary to provide sufficient protection to the county.

(b) Indemnification Clause. As a condition of the county issuing a permit, the applicant shall agree to appear and defend all actions against the county arising out of the exercise of the permit, and to indemnify and save the county, its officers, employees and agents harmless of and from all claims, demands, actions or causes of action of every kind and description resulting directly or indirectly, arising out of, or in any way connected with, the exercise of the permit. The indemnification shall be a condition stated in the permit.

(c) Insurance. Each permittee shall obtain and keep in force during the term of his or her permit, single limit coverage applying to bodily and personal injury liability, including death resulting therefrom, and property damage, in a minimum amount of one million dollars, and worker's compensation insurance covering all employees of the permittee. Copies of the policies or certificates evidencing the policies shall be approved by the county risk manager and filed with the health officer. The county shall be named as an additional insured. All policies shall contain a provision requiring a thirty-day notice to be given to the health officer prior to cancellation, modification or reduction of limits. The amounts of public liability insurance for bodily injury or death and property damage shall be subject to review and adjustment by the board from time to time.

(d) Failure to provide the required bond or insurance shall be grounds for suspension or revocation of a permit, as provided in Section 8.12.950.

(Ord. 2604 § 1 (part), 1993)

(a) Each permit for collection of solid wastes or curbside recyclables shall specify the territory within which the permittee may collect solid wastes or curbside recyclables within the county.

(b) No permittee shall, at any time, collect solid wastes or curbside recyclables in the county outside the territorial limits specified in the permit, without prior written approval from the health officer.

(c) The territory so specified in any such permit may be modified by the health officer at any time should the health officer find such modification to be necessary for the effective administration of this chapter, and in the public interest. In the event of such modification, the permittee shall be given a ninety days' written notice thereof before it shall become effective.

(d) Any permittee notified of a territorial modification shall have the right to a hearing before the board of supervisors. An appeal to a notice of territorial modification shall be filed and processed in accordance with the procedures set forth in Section 8.12.503(5) of this chapter.

(Ord. 2604 § 1 (part), 1993)

Any person collecting or transporting solid wastes or recyclables shall be responsible for the prevention of littering or the creation of a nuisance at the loading point, during transport and during unloading operations.

(Ord. 2604 § 1 (part), 1993)

The identification of solid waste and recyclables storage containers and vehicles used in the collection and transport of solid wastes shall be governed by Title 14 California Code of Regulations Sections 17316 and 17344.

(Ord. 2604 § 1 (part), 1993)

(a) The bodies of all vehicles used by permittees in the collection or transportation of solid waste or recyclables shall have beds of metal or of impervious material which can be cleaned and sanitized, with such beds to be nonabsorbent and leak resistant. The vehicles must be kept in a sanitary manner at all times. Each permittee shall provide adequate means to prevent solid waste or recyclables from escaping from the vehicles while collecting or transporting such solid waste or recyclables. All such collection or transport equipment shall meet the requirements of this chapter and the state minimum standards set forth in Title 14 California Code of Regulations, commencing with Section 17341.

(b) All vehicles used in the collection or transportation of solid waste or recyclables shall be kept in good mechanical condition, clean and neatly painted. The vehicle shall carry a shovel, broom and fire extinguisher.

(c) Packer type completely enclosed trucks shall be used to the greatest possible extent for solid waste collection. Other suitable equipment as required by terrain, type of solid waste and recyclables to be hauled, or other special conditions may be approved by the health officer.

(d) Vehicles used for the collection and transport of solid waste shall have an enclosed waste compartment, be self-unloading and be originally constructed for the purpose of solid waste collection. Solid waste vehicles with a rated capacity of more than one and one-half tons (three thousand pounds) shall be equipped with audible, automatic backup warning devices.

(e) Vehicles used for the collection and transport of recyclable materials shall have a covered materials holding compartment and shall, to the greatest extent possible, be originally constructed for the purpose of recyclables collection and transportation. Recyclables vehicles with a rated capacity of more than one and one-half tons (three thousand pounds) shall be equipped with audible, automatic backup warning devices.

(Ord. 2604 § 1 (part), 1993)

No person, including but not limited to permittees, shall transport wet solid waste over any public highway unless such solid waste is enclosed in containers or equipment which meets the requirements of Title 14 California Code of Regulations, commencing with Section 17341, and which in all instances shall be equipped with close-fitting covers. The covers shall be affixed to the tanks, containers or other receptacles, in such a manner as to prevent the dropping or spilling of any solid waste upon the highway.

(Ord. 2604 § 1 (part), 1993)

(a) The hauling of solid waste or recyclables on public roads or highways shall be governed by Vehicle Code Sections 23114 and 23115.

(b) The parking of solid waste or recyclables collection and transportation vehicles shall be governed by Title 14 California Code of Regulations Section 17343.

(Ord. 2604 § 1 (part), 1993)

(a) Each permittee shall keep and maintain such operating records as the health officer and county engineer may require to ascertain the extent of compliance with this chapter, and shall, if so requested by the health officer or county engineer, submit periodic reports of his or her operations.

(b) Each permittee shall maintain a record of customer complaints, to include a record of the action taken to resolve each complaint. Such record shall be available for inspection by the health officer for a period of at least three years.

(Ord. 2604 § 1 (part), 1993)

Subject to the provisions of existing law, the vehicles and equipment of a permittee may be inspected by the health officer at any reasonable time, at the point of operation or at the permittee's service yard.

(Ord. 2604 § 1 (part), 1993)

It shall be the permittee's responsibility to assure that all employees driving vehicles used by or belonging to the permittee have in their possession, at all times, a valid commercial vehicle operator's license. The health officer may periodically review these records.

(Ord. 2604 § 1 (part), 1993)

The board may, at its option, regulate or restrict the disposal of solid wastes in the county which originate outside the geographic boundary of the county.

(Ord. 2604 § 1 (part), 1993)

(a) In the event that a solid waste permittee's operations are interrupted by a labor dispute and scheduled collections, or solid waste facilities' operations are discontinued for more than a seventy-two-hour period, the county shall have the right to take temporary possession of all facilities and equipment of the permittee for the purpose of continuing the service which the permittee has agreed to provide, and in order to protect the public health and safety. The county shall have the right to retain possession of the facilities and equipment and to render the required service until the permittee demonstrates to the satisfaction of the county that the required services can be resumed by the permittee. However, such temporary assumption of the permittee's obligation under her or his permit shall not be continued by the county for more than one hundred twenty days from the date such operations were undertaken. Should the permittee fail to demonstrate to the satisfaction of the county that the required services can be resumed by the permittee prior to the expiration of the one-hundred-twenty-day period, the permit granted under this chapter shall be forfeited and the rights and privileges granted in the permit shall be canceled and annulled.

(b) During any period in which the county temporarily assumes the obligations of a permittee, as specified in subsection (a) above, the county shall be entitled to the gross revenue attributed to the operations during each period and shall pay therefrom only those costs and expenses applicable or allocable to the period. The excess, if any, of revenue over applicable costs and expenses during such period shall be deposited in the treasury of the county to the credit of the general fund. Final adjustment and allocation of gross revenue, costs and expenses for the period during which the county temporarily assumes the obligations of a permittee shall be determined by an audit by a certified public accountant or licensed public accountant and prepared in report form with his or her opinion annexed thereto.

(Ord. 2604 § 1 (part), 1993)

Each collection permittee shall establish and maintain an office where service may be applied for and complaints made. The office shall be equipped with a listed telephone, to which calls from residents within the permittee's collection area may be placed without payment of a toll charge and shall have a responsible person in charge, for at least seven hours between the hours of nine a.m. and five p.m. of each day except Saturdays, Sundays and legal holidays. The office shall maintain an answering service or shall be equipped with a recording answering machine during nonoffice hours. Each collection permittee shall supply all serviced premises with printed information cards containing information regarding amounts of solid waste or recyclables which will be collected, complaint procedures, rates, regulations, and days of collection. Information cards shall be provided to each customer at the time of subscription and at least once every year thereafter, or more often upon request, and shall be provided in advance of route, rate or regulation changes.

(Ord. 2604 § 1 (part), 1993)

Neither the county nor any of its officers or employees shall be liable, or in any way responsible, for the payment of any service rates or charges due the permittee for performing services for any person or entity other than the county.

(Ord. 2604 § 1 (part), 1993)

No permit or franchise granted under this chapter shall be assignable or transferable, either voluntarily or by operation of law, without the written permission of the health officer or board of supervisors.

(Ord. 2604 § 1 (part), 1993)

(a) This section shall apply to those haulers of solid waste, such as professional gardeners, and cleanup people; persons collecting dead animals, bones, meat scraps, grease or other waste food products for rendering or animal food; recyclers of source separated solid waste to be used as raw materials in manufacturing or resource recovery. Such hauling shall not replace normal solid waste or curbside recyclables collection and transportation service.

(b) Such operators shall be exempt from the permit requirements of Section 8.12.501, but shall be required to comply with Sections 8.12.210, 8.12.509, 8.12.510, 8.12.512, 8.12.513 and 8.12.920 of this chapter concerning the collection, storage, processing, transportation and disposal of solid waste or recyclables.

(c) Such operators shall comply with all reasonable policies and procedures made by the health officer in accordance with Section 8.12.140.

(Ord. 2604 § 1 (part), 1993)

Notwithstanding the provisions of Sections 8.12.210 through 8.12.310, the following exemptions shall apply:

(1) The owner or occupant of any agricultural property may allow food waste to be accumulated, stored, disposed of, or used for stock feeding on the premises, as long as such food waste is not permitted to become a nuisance due to the breeding or attraction of flies or rodents, or from odors, or to create a hazard to the public health, safety or welfare. All such agricultural operations shall comply with the Agricultural Solid Waste Management Standards, Title 14 California Code of Regulations, commencing with Section 17801.

(2) The occupant of a ranch or farm may dispose of his or her own solid waste on the property by burial of the solid waste, and may accumulate manure, or wood, leaves and other greenwaste on the property, but he or she may not allow any other person to use his or her property for the disposal of solid waste. Such burial shall be carried out according to sanitary landfill methods, with prior written approval of the health officer as authorized in Section 8.12.920.

(3) The provisions of this chapter should not be interpreted to prevent the maintenance of a household compost pile on private property so long as it does not become a public or private nuisance.

(4) Any person may, subject to the provisions of this chapter, haul solid wastes or recyclables created, produced or accumulated on premises owned or occupied by such person without the necessity of a permit.

(Ord. 2604 § 1 (part), 1993)

A permit shall be required to operate a solid waste facility and its issuance shall be governed by the provisions of the Public Resources Code, commencing with Section 44001, and the corresponding regulations adopted in Title 14 California Code of Regulations.

(Ord. 2604 § 1 (part), 1993)

A solid waste facilities permit has no specific term absent an expressed permit term or condition limiting the period of the permit pursuant to California Code of Regulations, Section 18213 (d). Solid waste facility permits, however, are required to be reviewed by the local enforcement agency every five years from the date of issuance and revised, as necessary, to reflect current conditions.

(Ord. 2604 § 1 (part), 1993)

(a) The board may establish or authorize the establishment of solid waste facilities or rural container stations, subject to the requirements of this chapter, the California Code of Regulations and the Public Resources Code.

(b) Every solid waste facility established or maintained within the county shall be maintained in compliance with the State Minimum Standards for Solid Waste Handling and Disposal, Title 14 California Code of Regulations, commencing with Section 17200. All solid waste facilities shall be subject to inspection by the local enforcement agency at any reasonable time.

(c) Each permittee operating a disposal site shall post his or her rates in a visible location outside the disposal area, if the site is made available for use by the public.

(d) No permittee operating a solid waste facility shall burn any solid waste within the facility nor in adjacent areas without the prior written consent of the local enforcement agency, the local fire agency, and the air pollution control officer.

(Ord. 2604 § 1 (part), 1993)

No permit granted under this chapter shall be assignable or transferable, either voluntarily or by operation of law, without the prior written consent of the health officer.

(Ord. 2604 § 1 (part), 1993)

The board of supervisors may award exclusive or nonexclusive franchises, with or without competitive bidding, for the collection of solid waste in the unincorporated areas.

(Ord. 2604 § 1 (part), 1993)

The award of a franchise by the board of supervisors shall be evidenced by approval and execution of a franchise agreement. The franchise agreement shall provide for the terms and conditions by which the franchisee shall be obligated to provide services. Nonperformance of the terms and conditions of the franchise agreement may result in financial and operating penalties to the franchisee, and may result in the loss or limitation of the franchisee's right to provide services.

(Ord. 2604 § 1 (part), 1993)

Any right of the franchisee to perform services pursuant to this section and a franchise agreement shall be set forth in the franchise agreement.

(Ord. 2604 § 1 (part), 1993)

The territory where the franchisee has been provided a geographical right to perform services shall be set forth in the franchise agreement.

(Ord. 2604 § 1 (part), 1993)

The franchise agreement shall require the franchisee to maintain a record of customer complaints and of the franchisee's response to those complaints, and the franchise agreement shall further require that any said records pertaining to customer complaints shall be made available, or reported to the county engineer upon the county engineer's written request.

(Ord. 2604 § 1 (part), 1993)

The franchise agreement may provide for the payment of a franchise fee by the franchisee to the county for the benefit of being awarded the right to provide services. Any such fee is subject to change by the board of supervisors and may be based on gross revenues of the franchisee, may be based on the number of customers for whom the franchisee provides services, may be based on a single lump sum amount or may be based on any other reasonable method approved by the board of supervisors. The franchise agreement shall provide the basis for the computation of the franchise fee and the frequency and method of payment of the fee by the franchisee to the county. The franchise agreement shall state the reporting requirements associated with the method and payment of any franchise fee. The establishment of a franchise fee pursuant to a franchise agreement shall not limit the county's ability to establish and levy fees, charges, assessments, penalties, fines and other requirements for monetary payment by the franchisee to the county.

(Ord. 2604 § 1 (part), 1993)

The franchise agreement shall require the franchisee to assume the sole responsibility for securing a location to dispose of solid waste, and shall further require that the franchisee dispose of waste materials in compliance with all applicable federal, state and local laws and regulations.

(Ord. 2604 § 1 (part), 1993)

The franchise agreement shall include a provision that the county may at any time require the franchisee to dispose of solid waste, which has been collected pursuant to a franchise agreement, at a facility for processing, transferring, burning, or otherwise disposing of solid waste. In the instance that the county directs any such disposal of solid waste, the county shall not claim ownership of the solid waste, and shall only direct any such disposal if a quality control program exists at the processing, transferring, burning or other facility to ensure that any hazardous waste or medical waste, which may be contained with the solid waste, is properly segregated and disposed in compliance with federal, state and local laws and regulations. The franchise agreement shall also provide that in the event the county exercises flow control, the franchisee may request a rate increase to offset additional costs incurred in disposing of solid waste at a facility other than the facility anticipated by the parties at the time of the county's approval of the franchise agreement.

(Ord. 2604 § 1 (part), 1993)

Editor's note— Ord. No. 3330, § 1, adopted September 13, 2016 repealed § 8.12.735. Former § 8.12.735 pertained to terms of solid waste collection franchise agreements and derived from Ord. 3154 adopted in 2008: Ord. 2831 adopted in 1998; and Ord. 2604 adopted in 1993.

The franchise agreement shall include an indemnification provision, subject to approval of county counsel, which shall provide that the franchisee will defend and indemnify the county for any actions, including negligence, misconduct or violations of law or regulations on the part of the franchisee or the franchisee's agents and employees. The franchise agreement shall also include a provision requiring the franchisee to defend and indemnify the county for all actions of the franchisee associated with the franchisee's role as the arranger of municipal solid waste service, or as a principal related party in performing solid waste service under any federal or state laws or regulations. The franchisee shall also defend and indemnify the county from any and all legal action against the county on the basis of the assertion that the county is an arranger of municipal solid waste services as a result of the franchise agreement.

(Ord. 2604 § 1 (part), 1993)

In addition to any insurance requirements required of a permittee in accordance with a permit for the collection of solid waste, the franchise agreement may also impose additional reasonable insurance requirements, subject to approval by the county risk manager.

(Ord. 2604 § 1 (part), 1993)

Notwithstanding the reporting requirements pursuant to any other provision of this code, the franchise agreement shall require the franchisee to report the following information:

(1) Information relating to the quantities, types, volumes, weights, nature and location of waste collected, transported and disposed;

(2) Annual financial statements prepared in accordance with generally accepted accounting principles and audited by a certified public accountant. The financial statement shall include an opinion of the certified public accountant, and any opinion which reflects any breach of the terms and conditions of the franchise agreement by the franchisee may result in a limitation or loss of the franchisee's right to perform services.

(Ord. 2604 § 1 (part), 1993)

The franchise agreement shall require the franchisee to annually disclose the entire nature and extent of transactions with related parties, as such parties are recognized by generally accepted accounting principles. The disclosure shall be on forms provided by the county engineer, which the county engineer will base on representations made in the franchise agreement by the franchisee.

(Ord. 2604 § 1 (part), 1993)

All franchise agreements awarded by the board of supervisors shall be subject to the following limitations on transfer or assignment:

(1) Neither party shall assign its rights nor delegate or otherwise transfer its obligations under this agreement to any other person without the prior written consent of the other party. Any such assignment made without the consent of the other party shall be void and the attempted assignment shall constitute a material breach of this agreement. The county may, however, assign its rights and delegate its obligations under this agreement to a joint powers authority, district, or similar governmental entity without the prior written consent of franchisee. For purposes of this section, "assignment" shall include, but not be limited to:

a. A sale, exchange or other transfer to a third party of at least twenty-five percent of franchisee's assets dedicated to service under this agreement; and

b. A sale, exchange or other transfer to a third party, including other shareholders, of outstanding common stock of franchisee which may result in a change of control of franchisee; and

c. Any dissolution, reorganization, consolidation, merger, recapitalization, stock issuance or re-issuance, voting trust, pooling agreement, escrow arrangement, liquidation or other transaction which franchisee or any of its shareholders is a party which results in a change of ownership or control of franchisee; and

d. Any assignment by operation of law, including insolvency or bankruptcy, assignment for the benefit of creditors, writ of attachment for an execution being levied against this agreement, appointment of a receiver taking possession of franchisee's property, or transfers occurring in a probate or other estate proceeding; and

e. Any combination of the foregoing (whether or not in related or contemporaneous transactions, which has the effect of any such transfer or change of ownership, or change of control of franchisee.

(2) Franchisee acknowledges that this agreement involves rendering a vital service to county residents and businesses, and that county has selected franchisee to perform the services specified herein based on:

a. Franchisee's experience, skill and reputation for conducting its solid waste management operations in a safe, effective and responsible fashion, at all times in keeping with applicable local, state and federal environmental laws, regulations and best waste management practices; and

b. Franchisee's financial resources to maintain the required equipment and to support its indemnity obligations to county under this agreement.

County will rely on each of these factors, among others, in choosing franchisee to perform the services to be rendered by franchisee under this agreement.

(3) If franchisee requests county's consideration of and consent to an assignment, county may deny or approve such request at its discretion. County will not unreasonably withhold its consent. The county is concerned about the possibility that assignment could result in significant rate increases, as well as a change in the quality of service. Accordingly, the following standards have been set to ensure that assignment will result in continued quality service. In addition, the county reserves the right to solicit competitive bids for these services if the assignment results in a request by the assignee for rate increases that are higher than the inflationary index and do not reflect value changes in service standards. At a minimum, no request by franchisee for consent to an assignment need be considered by county unless and until franchisee has met the following requirements:

a. Franchisee shall undertake to pay county its reasonable expenses (including attorneys fees and other professional services fees) to investigate the suitability of any proposed assignee, and to review and finalize any documentation required as a condition for approving any such assignment;

b. Franchisee shall furnish county with audited financial statements of the proposed assignee's operations for the immediately preceding three operating years;

c. Franchisee shall furnish county with satisfactory proof:

1. That the proposed assignee has at least ten years of solid waste management experience on a scale equal to or exceeding the scale of operations conducted by franchisee under this agreement,

2. That in the last five years, the proposed assignee or affiliates has not suffered any significant citations or other censure from any federal, state or local agency having jurisdiction over its waste management operations due to any significant failure to comply with state, federal or local environmental laws, and that the assignee has provided county with a complete list of such citations and censures,

3. That the proposed assignee has at all times conducted its operations in an environmentally safe and conscientious fashion,

4. That the proposed assignee conducts its solid waste management practices in accordance with sound waste management practices in full compliance with all federal, state and local laws regulating the collection and disposal of solid waste, including hazardous wastes, and

5. Of any other information required by county to ensure the proposed assignee can fulfill the terms of this agreement in a timely, safe and effective manner.

(4) Under no circumstances shall the county be obliged to consider any proposed assignment by franchisee if franchisee is in default of its franchise agreement at any time during the period of consideration.

(Ord. 2831 § 1, 1998)

The franchise agreement shall require that all the rates and charges billed by the franchisee to its customers as compensation for services shall be subject to review and approval by the board of supervisors pursuant to county code. The actual rates and charges, as approved by the board of supervisors, shall be set forth in an exhibit to the agreement and may be subject to change by the board of supervisors, in accordance with Section 8.12.810.

(Ord. 2604 § 1 (part), 1993)

The franchisee shall be required to possess, and at all times maintain compliance with, a permit to collect solid waste in those geographical areas defined in the franchise agreement. The franchise agreement shall also include a provision that a loss or limitation of the franchisee's permit shall result in the loss or limitation of the franchisee's right to perform services established in the franchise agreement.

(Ord. 2604 § 1 (part), 1993)

The franchise agreement shall state that the franchisee shall not collect hazardous waste or medical waste as a service within the terms of the franchise agreement.

(Ord. 2604 § 1 (part), 1993)

The franchise agreement shall require that the franchisee shall maintain written hazardous waste and medical waste response procedures. The franchise agreement shall further require that performance of the procedures are the sole responsibility of the franchisee, and that the purpose of the procedures are to ensure that any hazardous or medical waste collected by the franchisee is handled and disposed of by the franchisee in compliance with federal, state and local laws and regulations.

(Ord. 2604 § 1 (part), 1993)

The franchise agreement shall require that the franchisee's right to perform services may be limited or lost for noncompliance with the terms and conditions of the franchise agreement. In addition, the franchise agreement shall establish reasonable fines, penalties and liquidated damages for nonperformance or breaches of the agreement.

(Ord. 2604 § 1 (part), 1993)

The franchise agreement shall require the franchisee's principal place of business and location of books and records be within the geographical area that the franchisee is performing services pursuant to the franchise agreement, unless otherwise approved by the county.

(Ord. 2604 § 1 (part), 1993)

The franchise agreement shall require that the franchisee's books and records be maintained in accordance with generally accepted accounting principles, terms and conditions of the franchise agreement and federal, state and local laws and regulations. The franchise agreement shall provide that the county auditor may review, test, and audit the books and records, or that the county may engage a certified public accountant for the purpose of obtaining an auditor's report or a special auditor's report, in accordance with generally accepted auditing standards, and that the franchisee shall make available all the books and records available to the county auditor or any certified public accountant engaged by the county. In the event that material errors or omissions, or irregularities are identified, then the costs associated with the county auditor or the certified public accountant engaged by the county shall be paid by the franchisee to the county.

(Ord. 2604 § 1 (part), 1993)

(a) No permittee shall charge rates for collection or disposal service other than rolloff box service, except as approved by the board. It shall be unlawful for any permittee to charge rates less than, or in excess of his or her current basic rate schedule. The permittee's charges shall be based on the number of containers, quantity and type of waste, number of separate pickup points at any collection station, frequency of service, and whether residential or commercial service is provided. However, in all cases an equal price shall be charged for equal service. Any separate charges for hard-to-handle items, drive-in service, long distance hauls, equipment rental or maintenance, or other negotiable charges shall be separately stated.

(b) In the event the board sets a rate for recycling services, the board may prescribe the method of billing and collection including consolidation of the fees in billing statements for solid waste collection.

(c) Any customer contending that he or she has been required to pay an unreasonable charge in connection with a rate established in accordance with this section may file a written complaint with the health officer, setting forth the facts of such alleged overcharge, and the health officer will then notify the permittee of such complaint and shall investigate the matter of the complaint to determine the reasonableness of the charges for such service.

(d) Any permittee desiring to change his or her rates as established in accordance with this section shall file, in accordance with this section, a request with the board. Upon receipt of all the information desired, the board may at its own discretion deny or grant permission to change the rates in question. At its option, the board may order the submittal of a financial report justifying the requested rate change. All costs incurred by the county associated with a rate change request may be assessed to the permittee.

(Ord. 2818 § 1, 1997: Ord. 2604 § 1 (part), 1993)

(a) Any person who violates any of the following provisions of this chapter shall be deemed guilty of an infraction: 8.12.160, 18.12.220, 8.12.230(b), 8.12.250, 8.12.260, 8.12.270, 8.12.280, 8.12.310, 8.12.506, 8.12.509, 8.12.510, 8.12.512, or 8.12.514.

(b) Any person who violates any of the following provisions of this chapter shall be deemed guilty of a misdemeanor: 8.12.210, 8.12.240, 8.12.501, 8.12.508(b), 8.12.511, 8.12.515, 8.12.516, 8.12.519, 8.12.521, 8.12.522(a), 8.12.523, 8.12.630(b) (c) (d), 8.12.640, 8.12.810(a), 8.12.920(a).

(Ord. 2605 § 1 (part), 1993: Ord. 2604 § 1 (part), 1993)

(a) No person shall place or dump, or hire any person to place or dump, any solid waste or recyclables upon the right-of-way of any public highway, street, or thoroughfare, or upon the banks of any stream or dry watercourse, or upon the private property of any person, inhabited or uninhabited, within the county, except with the written permission of the health officer, and except that permission for solid waste facilities may be granted as provided in Section 8.12.610.

(b) Disposal of hazardous wastes shall be governed by California Health and Safety Code, Chapter 6.5, and Title 22 California Code of Regulations.

(Ord. 2604 § 1 (part), 1993)

The health officer is authorized and empowered to order the owner and/or occupant of any private property within the county to dispose of solid waste located on the property which is dangerous to public health or is creating a public nuisance.

(1) Notice to Remove. An order by the health officer pursuant to this section and issued to the affected owner or occupant, shall be in the form of a notice to remove solid waste. The notice shall be by certified mail, addressed to the owner or occupant at his or her last known address.

(2) Action Upon Noncompliance. Upon the failure, neglect, or refusal of any person so notified to dispose of solid waste located on his or her property within five days after receipt of written notice as provided for in subsection (1), or within seven days after the date of such notice in the event the same is returned to the health officer because of inability to make delivery thereof, the health officer is authorized to effect its disposal or to pay a private person to clean the premises and to pay a permittee to dispose of such solid waste.

(3) Assessment and Collection of Charges.

a. The health officer shall keep an itemized account of the costs of enforcing the provisions of this section. Upon the completion of the abatement, the health officer shall prepare a notice specifying the work done, giving an itemized account of the costs, showing the address or a description sufficient to identify the premises, showing the amount of the assessment proposed to be levied against the premises, and specifying the time and place that the health officer will submit the account to the board of supervisors for confirmation. The time and place specified shall be not less than fifteen days after service of the notice as provided in subsection (1) of this section. The notice shall contain a statement that the board will hear and consider objections to the account and proposed assessment.

b. At the time and place fixed in the notice, the board shall hear and consider the account and proposed assessment together with objections thereto. At the conclusion of the hearing, the board may make such modifications of the proposed account and assessment as it deems just, and may order the account and proposed assessment confirmed or denied, in whole or in part, or as modified. The determination of the board as to all matters contained therein shall be final and conclusive.

c. Upon confirmation by the board, the health officer shall cause to be prepared and recorded with the county recorder, a notice of lien, which shall contain the following:

1. An address or description sufficient to identify the premises;

2. A description of the proceedings under which the special assessment was made, including the order the board confirming the assessment;

3. The amount of the assessment;

4. A claim of lien upon the described premises.

d. Upon the recordation of the notice of lien, the amount claimed shall constitute a lien upon the described premises. The lien shall be upon a parity with the liens of state and county taxes.

e. The notice of lien, after recordation, shall be delivered to the county auditor controller who shall enter the amount of the lien on the assessment roll as a special assessment. Thereafter, the amount set forth shall be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and interest, and to the same procedures for foreclosure and sale in case of delinquency as is provided for ordinary county taxes, and all laws applicable to the levy, collection and enforcement of county taxes are applicable to such assessment.

(4) Other Agency Enforcement. Nothing in Section 8.12.930 is intended to limit the authority of any other enforcement agency to issue a notice directing an owner or occupant of a premises to remove solid waste, to take an abatement action to remove solid waste or to recover the cost of an abatement performed.

(Ord. 2604 § 1 (part), 1993)

Any dump site or solid waste facility which is not operated in compliance with this chapter may be abated as provided in Section 8.12.930, or as provided in the Public Resources Code commencing with Section 45000.

(Ord. 2604 § 1 (part), 1993)

The health officer may suspend or revoke a permit authorized by Section 8.12.501 of this chapter whenever a permittee fails or refuses to comply with the provisions of this chapter, the applicable rules or regulations of the state or federal government, as set forth below.

(1) If the health officer determines that a permittee has failed or refused to comply with the aforementioned laws or regulations, the health officer shall serve a notice to comply to the permittee, identifying the perceived violation.

(2) Upon the failure, neglect, or refusal of any permittee so notified, within fourteen days after receipt of the written notice to comply, the health officer may suspend or revoke the permit.

(3) In the event of such suspension or revocation the permittee shall be given an opportunity for an office hearing before the health officer within forty-eight hours of the time of suspension. Upon the conclusion of the office hearing, the health officer may:

a. Reinstate the permit; or

b. Suspend the permit for a period of time determined by the health officer; or

c. Revoke the permit; or

d. Establish conditions, including a time schedule, which will bring the operations into compliance.

(4) All office hearings referred to herein shall be conducted in accordance with procedures adopted by the health officer. The permittee may call and examine witnesses, introduce exhibits, question health officials and opposing witnesses on any matter relevant to the issue, and may rebut evidence against him or her. The hearing need not be conducted according to technical rules relating to procedure, evidence or witnesses. All relevant evidence may be admitted. The health officer shall insure that an informal record of the proceedings is maintained.

(5) The local enforcement agency may suspend or revoke a solid waste facility permit granted under Section 8.12.610 of this chapter, according to the procedures set forth in the Public Resources Code, commencing with Section 44300.

(6) Notwithstanding subsection (1) above, if a permittee issued a permit pursuant to Section 8.12.501, at any time during the term of his or her permit becomes insolvent, or if proceedings in bankruptcy are instituted by or against a permittee, or if a permittee is adjudged bankrupt or insolvent by any court, or if a receiver or trustee in bankruptcy or a receiver of any property of a permittee is appointed in any suit brought by or against the permittee, or if a permittee makes an assignment for the benefit of creditors, in such case the permit and the rights and privileges granted thereunder shall cease immediately, and shall be terminated and forfeited and canceled without notice and without suit or other proceedings.

(Ord. 2604 § 1 (part), 1993)

(a) Except as provided in subsection (b), below, any person who is dissatisfied with an action of the health officer under this chapter may appeal to the board of supervisors. A majority decision of such board shall be required to reverse the previous action. The appeal shall be taken by filing with the clerk of the board a notice of appeal within fifteen days of the action of the health officer. The hearing on the appeal shall be held only after a notice thereof has been mailed to the appellant and respondent at least fifteen days before the hearing.

(b) Any person dissatisfied with a denial of a solid waste facility permit, or permit condition pursuant to Section 8.12.610, may appeal the action to the local enforcement agency for a hearing as provided for in the Public Resources Code, commencing with Section 44300.

(Ord. 2604 § 1 (part), 1993)

In the event of the termination or suspension of a permit as herein specified, the county shall have the right, as an emergency measure, to take immediate possession of all solid waste facilities and necessary vehicles and equipment of the solid waste permittee for the purpose of performing the collection, transport and/or disposal of solid waste which the permittee is empowered to perform. The county shall have the right to retain possession of the vehicles and equipment until other suitable vehicles and equipment can be purchased or otherwise acquired by the county for such purpose. The county shall also have access to the permittee's records for the purpose of billing service accounts during the period the county is providing the solid waste collection, transport and/or disposal service and shall retain all fees collected for such service.

(Ord. 2604 § 1 (part), 1993)