Santa Barbara County Municipal Code § 17-30 Regular solid waste handling services

The board hereby finds and declares that it is necessary for the protection of the public health, safety, and welfare to provide regular residential and commercial solid waste handling services, which may include the collection and transportation of recyclables, by means of exclusive franchise or contract within specified zones or territories of the unincorporated area of the county. The board further finds that the provision of such solid waste handling services requires large capital investment in trucks, equipment, and the maintenance thereof, and that unrestricted competition for such services may result in the inability of a collector to provide efficient and timely service without an exclusive franchise or contract to operate within a specified geographic zone.

(a) All regular residential and commercial solid waste handling services shall be provided by a collector pursuant to an exclusive franchise or contract between a collector and the county, subject to the terms and conditions of this chapter, and the duly adopted rules, regulations and resolutions authorized by this chapter. Any person or solid waste enterprise receiving payment for providing regular solid waste handling services must have an exclusive franchise or contract with the county, unless such services are being provided by a person or solid waste enterprise on behalf of a collector pursuant to a written agreement or contract and provided that such services are authorized pursuant to the terms and conditions of the exclusive franchise or contract. Payment of services includes any type or manner of payment by a person or responsible party to a person or solid waste enterprise providing regular solid waste handling services, including, but not limited to, payment for the collection or transportation of solid waste, payment for the rent or lease of a container, or payment for the cost of disposal at an authorized disposal site. In addition, any person or responsible party who receives a discount of, or a reduction in, the collection service rate, or who pays a person or solid waste enterprise a consulting charge, fee or other tangible consideration shall be considered to be making a payment for purposes of this section. Regular residential and commercial solid waste handling services may include the collection and transportation of recyclables. The franchise or contract shall contain, at a minimum, the following:

(1) Collection rates by categories, such as single-family, residential, multi-family residential and various commercial rate categories;

(2) A solid waste program fee to be paid to the county in an amount as may be determined by the board; provided, however, that a licensee who possesses a valid license to collect, haul, or transport solid waste in the county issued by the board on or before December 31, 1994, shall continue to pay a solid waste program fee in an amount equal to two percent of his or her total billings less refunds to customers for the previous month for regular and unscheduled solid waste handling services, excluding recyclables, until the expiration of the license term or the cancellation, suspension, revocation, or termination of such license pursuant to the provisions of this chapter, or termination of such license pursuant to subsection 17-4(c) of this chapter.

(b) A collector authorized by this section to provide collection and transportation of recyclables shall also be designated as the authorized recycling contractor.

(1) In the event the board does not include the collection and transportation of recyclables in the exclusive franchise or contract for the provision of regular solid waste handling services as provided in this section, the board, by resolution, shall determine the following: whether such recycling services shall be provided, and whether the services are to be provided by means of nonexclusive franchise, contract, license, or permit, either with or without competitive bidding, or if in the opinion of the board, the public health, safety, and well-being so require, by partially exclusive or wholly exclusive franchise, contract, license, or permit, either with or without competitive bidding.

(2) Nothing in this section is intended to revoke, modify, amend, or affect any right or duty of any person who has a valid franchise, contract, license, or permit issued by the board, to collect and transport recyclables in the county.

(c) The board shall establish, by resolution, geographic zones or territories for the provision of regular residential and commercial solid waste handling services. The board shall specify in each exclusive franchise or contract the zone within which each collector shall operate, and no other person or collector shall provide regular solid waste handling services within such zone unless otherwise authorized by this chapter.

(1) It shall be the policy of the county that a minimum number of collectors is not required to provide regular solid waste handling services within the unincorporated area of the county, and the board shall have the discretion to award franchise agreements for all zones to one single collector or multiple collectors. Nothing in this section shall be construed to prevent the county from terminating a franchise or contract with a collector or seeking a new collector to provide solid waste handling services in any zone or territory.

(2) Notwithstanding any language to the contrary in this section, the board may authorize another collector or any other solid waste enterprise to provide emergency regular solid waste handling services for a period not to exceed one hundred eighty days when a collector's franchise or contract is terminated pursuant to section 17-86 of this chapter, or the public works director may authorize another collector or any other solid waste enterprise to provide emergency regular solid waste handling services for a period not to exceed sixty days when a collector, for any reason whatsoever, fails, refuses or is unable to provide regular solid waste handling services for a period of more than forty-eight hours, and the director determines there is a danger to the public health, safety, or welfare.

(3) A collector authorized by this section may also provide unscheduled solid waste handling services in any zone or zones pursuant to the terms and conditions of article III of this chapter.

(4) The board may, but shall not be required to, consider the following factors in determining the boundaries of the geographic zones: the volume, density and distribution of commercial and residential development; proximity to authorized solid waste facilities; the relative efficiencies of potential collection routes; cost factors associated with collection, transportation, and disposal of solid waste; historical use; and other such factors as the board deems relevant to insure that regular solid waste handling services are continuously provided to the public in a safe, adequate, reliable and efficient manner.

(d) The board may, by resolution, call for bids for the granting of an exclusive franchise(s) or contract(s) for regular commercial and residential solid waste handling services pursuant to Division 30, Part 8, Chapter 3, commencing with Section 49200 et seq., of the Public Resources Code, as it may be amended time to time.

(e) No person, other than an authorized recycling contractor, shall remove recyclables which have been placed at a designated recycling collection location. Any and each such collection in violation hereof shall constitute a separate and distinct offense punishable in accordance with this chapter.

(1) Nothing in this chapter shall limit the right of a person, organization or other entity to donate or sell source-separated recyclables generated by such person, organization, or entity.

(2) Nothing in this chapter shall limit the right of a business or other commercial enterprise which maintains its own recycling operation to transport recyclables generated by such business or commercial enterprise to the location of such recycling operation.

(f) A collector providing regular solid waste handling services shall comply with the requirements of article I, section 17-20 of this chapter at all times during the term of the franchise or contract.

(g) All fees received pursuant to this section shall be deposited to the solid waste enterprise fund or to such other fund as the board may designate.

(Ord. No. 5151, § 1, 2-15-2022; Ord. No. 5177, § 1, 5-9-2023)

Regular solid waste handling services shall be provided as follows:

(a) Solid waste shall be collected from regular residential and commercial premises not less frequently than once a week.

(b) Solid waste shall be collected from commercial premises which involve food preparation not less frequently than once a week.

(c) Subject to the limitations of subsections (a) and (b) of this section, the board shall have sole authority to determine the frequency of collection of solid waste created, produced, or brought upon commercial, residential, or multi-family residential premises, and the size and number of bins required.

(d) Except as provided under subsection (e) of this section, residential collection shall be made only between the hours of 6:00 a.m. and 6:00 p.m. of any day, Monday through Saturday, except that collection at commercial premises may begin at 5:00 a.m. On any day. An earlier or later collection time may be authorized only upon prior written approval of the director which shall include requirements for the collector to notify the affected customers prior to implementing the change.

(e) In order to prevent problems of traffic, noise, wear and tear on the highway, or other problems having the potential to adversely affect health, safety, or the environment which may develop in any specific area as a result of solid waste collection, the board or its designee may regulate the routes, intervals, delivery points, and times for collection by collectors operating within the unincorporated area of the county. In the event a collector's costs associated with any changes authorized by this subsection are increased or decreased, the county and the collector or collectors shall have the right to amend or modify the franchise or contract accordingly.

(Ord. No. 5151, § 1, 2-15-2022)

Nothing in this chapter shall be deemed to limit the right of an authorized recycling contractor to bring a civil action against any person who violates section 17-29 of this Code, nor shall a conviction for such violation exempt any person from a civil action brought by an authorized recycling contractor.

(Ord. No. 5151, § 1, 2-15-2022)

(a) The accounting of a collector shall be conducted as an independent entity, and the assets, liabilities, revenues, expenses and net worth shall not be combined, consolidated or in any way incorporated with those of any other operation. The accounting records of a collector shall be kept on the accrual basis, and the operating year for financial and accounting purposes shall begin on July 1st and end June 30th, except as otherwise provided in writing by the resource recovery and waste management division (RR&WM).

(b) A collector shall provide the resource recovery and waste management (RR&WM) Division an annual notarized statement of the collector's manager, or other responsible officer of the collector, showing in detail the gross revenues arising from operations pursuant to the franchise or contract for the previous year.

(Ord. No. 5151, § 1, 2-15-2022)

(a) Pursuant to the provisions of the Act, the county may levy fees upon collectors, persons, responsible parties, and premises for solid waste handling services, including, but not limited to, solid waste collection and transfer, and the collection and transfer of recyclables and/or compostables. Such fees may include charges for the costs of preparing, adopting and implementing source reduction and recycling elements and integrated waste management plans. The county may determine to collect all or part of such charges on the tax roll, or by such other means as the board may elect.

(b) Notwithstanding any other provision to the contrary, the board may waive any applicable fees for authorized recycling contractors and collectors of compostables.

(c) The board of supervisors may establish solid waste collection rates upon recommendation of the director.

(1) In establishing rates or in considering rate increases or decreases, the board must find that the rates will be just, fair, reasonable and sufficient to provide proper service to the public. The board may consider the rates charged by other persons performing the same or similar services in similar areas, and may allow for disparity of costs of providing services in the locality served.

(2) Factors to be considered shall include the investment in facilities; the services of management; local wage scales; the concentration of customers in the zone serviced; methods of storage, collection, transportation and disposal; the length of haul to disposal facilities; the cost of disposal; a reasonable return to the owner of the business; the future service demands of the area or site which must be anticipated in equipment, facilities, personnel or lands; extra charges for special collections or collections on days when service is not normally provided on a route; extra charges where the type or character of solid waste requires special handling or service; and other pertinent factors as the board may deem necessary to protect the public health, interest, and welfare.

(3) The director may make or may be required by the board to make an investigation of any proposed rate increases or decreases. Upon completion of this investigation, the director shall make recommendations to the board regarding the proposed rate.

(4) After considering the recommendation of the director, the board may establish uniform rates throughout the county or may establish uniform rates within zones based on the length of haul or other factors which may, in the opinion of the board, justify establishment of rate differentials.

(d) No collector subject to rate regulation hereunder shall give any rate preference to any person, locality or type of solid waste stored, collected, transported or deposited.

(e) Nothing in this section is intended to prevent the reasonable establishment of uniform classes of rates based upon length of haul, type of solid waste stored, collected, transported or deposited, or the number, type and location of customers served, or upon other factors as long as such rates are reasonably based upon costs of the particular service and are approved by the board.

(f) Rates to be charged for unscheduled service shall be arranged with the customer and shall not be subject to regulation by the county.

(g) Neither the county nor any of its officers or employees shall be liable for or in any way responsible for the payments of any service rates or charges due the collector for performing services for any person or entity other than the county.

(h) All fees received pursuant to this section shall be deposited to the solid waste enterprise fund or to such other fund as the board may designate.

(Ord. No. 5151, § 1, 2-15-2022)

(a) Except as provided in section 17-7, every person or responsible party receiving services of an authorized collector for solid waste handling services shall be liable for all fees and charges for such collection.

(b) All charges or fees for service by an authorized collector shall be uniform for the same services as fixed and approved by the board of supervisors, except as otherwise provided in this chapter. Any person or responsible party contending that he or she has been required to pay an unauthorized charge for any service may file a written complaint with the resource recovery and waste management division (RR&WM), setting forth the facts of such alleged unauthorized charge. The resource recovery and waste management division (RR&WM) shall then notify the collector of such complaint and shall investigate the matter of the complaint and conduct a hearing, if necessary, to determine whether the allegations of the complaint are true. The decision of the resource recovery and waste management division (RR&WM) may be appealed to the board of supervisors.

(Ord. No. 5151, § 1, 2-15-2022)

Any trucks used for the collection or transportation of solid waste shall be leak proof and equipped with a close-fitting cover or other mechanism which shall be affixed in a manner that will prevent spilling, dropping, or blowing of any solid waste upon the public right-of-way during collection or transportation. Any such trucks shall comply with the regulations as set forth in the vehicle code and this chapter.

(Ord. No. 5151, § 1, 2-15-2022)

All trucks used for collection or transportation of solid waste shall be maintained in a clean and sanitary condition, neatly and uniformly painted, shall carry a shovel, broom, and fire extinguisher, and shall be washed, cleaned, and disinfected both on the inside and outside at least weekly, or more frequently if necessary to protect public health. The outside of all such trucks shall be kept free from solid waste at all times.

(Ord. No. 5151, § 1, 2-15-2022)

Each collector shall ensure that each truck used for collection or transportation of solid waste shall have the collector's or owner's name, telephone number, and truck number printed on each side of all trucks in letters and numbers not less than three inches high.

(Ord. No. 5151, § 1, 2-15-2022)

The noise level for the collection trucks during the stationary compaction process shall not exceed seventy-five decibels at a distance of twenty-five feet from the collection truck and at an elevation of five feet from the horizontal base place of such trucks.

(Ord. No. 5151, § 1, 2-15-2022)

Each collector shall provide sufficient collection equipment in accordance with the terms of the franchise or contract with the county authorizing such collector to provide solid waste handling services.

(Ord. No. 5151, § 1, 2-15-2022)