Santa Barbara County Municipal Code § 17-47 Reserved

(a) All unscheduled residential and commercial solid waste handling services shall be provided by a collector pursuant to a nonexclusive permit granted by the county, subject to the terms and conditions of this chapter, and the duly adopted rules, regulations and resolutions authorized by this chapter.

(b) The nonexclusive permit shall be granted on such terms and conditions as the board shall establish in its sole discretion. A collector authorized to provide unscheduled solid waste handling services may provide such services in any and all zones established pursuant to subsection 17-29(d) of this chapter, unless the board limits the number of zones by designating the specific zones within which a collector may operate.

(c) A collector authorized to provide regular solid waste services pursuant to article II of this chapter shall be entitled to provide unscheduled solid waste services provided he or she complies with all the terms and conditions of this article.

(d) Applicants for a permit to provide unscheduled solid waste handling services shall file with the resource recovery and waste management division a verified application in writing on a form furnished by the resource recovery and waste management division which shall give the following information:

(1) Full name of applicant;

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

(3) Trade and firm name;

(4) If a joint venture, partnership or limited partnership, the names of all joint ventures or general partners, their percentage of participation and permanent addresses. If a corporation, the names and permanent business addresses of all of the directors and officers, and if a corporation with out-of-the-county headquarters, the name and permanent address of the local manager;

(5) Facts showing applicant has arranged for the recycling of at least fifty percent of all waste collected. The applicant must also state which solid waste handling facilities will be used for waste collected under this permit;

(6) The location of the authorized solid waste facility;

(7) Facts showing that the applicant is qualified to render efficient unscheduled solid waste handling services;

(8) Facts showing that the applicant owns or has under his or her control, in good mechanical condition, sufficient equipment to adequately conduct unscheduled solid waste handling services;

(9) Other facts or information as the resource recovery and waste management division may require including but not limited to the documentation referred to in the rules and regulations governing chapter 17 of the County Code.

(e) Upon receipt of a completed application for a permit to provide unscheduled solid waste handling services the director shall determine if the applicant meets all the requirements of this chapter and all applicable state and federal laws and regulations.

(1) A decision to issue or not to issue the permit shall be made by the director within thirty days from the receipt of a complete application.

(2) If the director determines that a permit to provide unscheduled solid waste handling services shall not be issued or if the decision to issue or not issue the permit is not made as provided in subsection (e)(1) of this section, or if the Director recommends the suspension, amendment, or revocation of a permit pursuant to subsection (f) of this section, the applicant shall have the right to a hearing before the board. A request for a hearing shall be made by the applicant in writing to the clerk of the board within fifteen calendar days after the period provided in subsection (e)(1) of this section has passed or within fifteen days after the date of notification of the proposed suspension, amendment, or revocation. Upon receipt of the written request for a hearing, the clerk of the board shall set the matter for hearing not more than sixty days following the receipt of the written request, and shall give written notice of the time, date, and place of the hearing to the applicant and the director. 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 either the granting of the permit is required by the public safety, health, welfare, convenience or necessity or that the proposed suspension, amendment, or revocation should not be sustained. The board shall render its decision in writing fifteen days after the close of the hearing on appeal. The decision of the board shall be final.

(f) The director shall notify the collector in writing of his or her decision to recommend to the board the suspension, amendment, or revocation of a permit. After the hearing in subsection (e) of this section, any permit may be suspended, amended, or revoked by the board for cause, including, but not limited to, any or all of the following:

(1) A violation of any term or condition of the permit;

(2) Having obtained the permit by misrepresentation or failing to disclose fully all relevant facts;

(3) A change in any condition that requires either a temporary or permanent modification, reduction, or elimination of the permitted unscheduled solid waste handling service to bring it into compliance with the requirements of this chapter;

(4) A finding that the operations of the collector pose a substantial threat to public health or the environment.

(g) A permittee issued a permit pursuant to this section shall be required to pay a fee in an amount as may be determined by the board. The amount of the fee shall not exceed an amount reasonably necessary to recover the cost of administering this article or the cost of enforcing the provisions of this chapter or any rule or regulation promulgated pursuant to this chapter.

(h) The term of a permit to provide unscheduled solid waste handling services shall be for a period of five years from the date of issue.

(i) Upon a written request of a collector prior to the expiration of a permit, such permit may be renewed by the director if the director finds from the facts that the permittee has, during the period of the unexpired permit, operated in conformity with the provisions of this chapter, all applicable laws, and the regulations of the resource recovery and waste management division, and that the permittee is capable of continuing operations in conformity with the provisions of this chapter, all applicable laws, and the regulations of the resource recovery and waste management division. In the event the director does not renew the permit, the collector shall have the right to a hearing pursuant to subsection (e)(2) of this section.

(j) To satisfy the minimum requirement of the CalGreen Standards for the diversion and/or recycling of construction waste, the permit holder shall deliver proof of compliance in accordance with the rules and regulations of Chapter 17, Rule 3-308. This proof shall consist of an annual written summary and copies of related tipping fees receipts for the previous calendar year due by March 31st, of the following year.

(k) This section shall not apply to the following entities:

(1) Any person engaged in the business of landscaping, gardening, or tree trimming;

(2) Any person engaged in the business of removing and disposing of shrubbery, grass, tree trimmings, garage cleanouts, agricultural debris, or other non-putrescible solid waste, provided such persons haul less than one hundred tons per month;

(3) Any person engaged in the business of disposing of hazardous or special wastes, authorized or licensed to engage in such business by the county and/or State of California;

(4) Any person removing and disposing of shrubbery, grass, tree trimmings, garage cleanouts, agricultural debris, or other solid waste from any residential property owned or occupied by the person;

(5) Any person engaged in farming or agricultural operations which produce agricultural solid waste, or any person engaged in the business of servicing such operations;

(6) Municipalities or public agencies;

(7) A licensed building contractor hauling demolition and construction wastes as an incidental part of a total service offered by that contractor.

(l) A collector providing unscheduled 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 permit.

(m) 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)

Unscheduled solid waste handling services shall be provided as follows:

(a) Unscheduled solid waste handling services may not be used for the collection of putrescible solid waste; provided, however, that nothing in this section shall preclude a collector authorized pursuant to article III of this chapter from providing unscheduled service for the collection of green waste or wood waste where that service is provided in strict compliance with Title 14 of the California Code of Regulations, Section 17331, pertaining to state minimum standards governing the frequency of removal of putrescible solid waste from residential or commercial premises, as such regulation may be amended time to time. It is the responsibility of the collector to insure that the requirements of this subsection are adhered to by a responsible party.

(b) Unscheduled solid waste handling services, including the use of solid waste compactors, shall not be used as a substitute for or in lieu of regular solid waste handling services. The resource recovery and waste management division shall develop an enforcement program consisting of regulations necessary to implement this subsection.

(c) Unscheduled solid waste handling service providers are required to divert a minimum of fifty percent of all solid waste collected from landfills.

(Ord. No. 5151, § 1, 2-15-2022)

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. A collector may be required to provide to the resource recovery and waste management division an annual notarized statement of the collector's manager, or other responsible officer of the collector, showing in detail the gross revenues, number and location of customers arising from the operations pursuant to the permit for the previous year. Other data such as related weight tickets will also be required in order to prove compliance with the fifty percent recycling requirement dictated by subsection 17-45(c) and Chapter 3, Rule 308 of the rules and regulations of this chapter unless an alternative is agreed upon in writing by the director of public works. Nothing in this section shall be construed to require a collector to establish a separate legal business entity in order to comply with the accounting requirements of this section.

(Ord. No. 5151, § 1, 2-15-2022)

All containers used for the provision of unscheduled solid waste handling services shall be leak proof and transported in a manner that will prevent spilling, dropping, or blowing of any solid waste upon the public right-of-way during collection or transportation. All containers shall be marked pursuant to the safety standards as established by ANSI (American National Standard Institute) for containers that are placed in public access areas as such standards may be amended time to time.

(Ord. No. 5151, § 1, 2-15-2022)

All containers used for the provision of unscheduled solid waste handling services shall be maintained in a clean and sanitary condition, neatly and uniformly painted and cleaned as frequently as necessary to protect public health. The outside of all such containers shall be kept free from solid waste at all times.

(Ord. No. 5151, § 1, 2-15-2022)

All containers used for the provision of unscheduled solid waste handling services shall have the collector's or owner's name, telephone number, and bin number printed on each side of the container in letters and numbers not less than three inches high.

(Ord. No. 5151, § 1, 2-15-2022)