Shasta County Municipal Code Ch. 8.32 Refuse Collection and Disposal

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Editor's note— Ord. No. 2012-11, § 1, adopted Dec. 11, 2012, amended Ch. 8.32, in its entirety to read as herein set out. Prior to this amendment, Ch. 8.32 pertained to similar subject matter. See Ordinance List and Disposition Table for derivation.

The board finds and declares that the public health, safety and welfare require the regulation of refuse collection and disposal within the unincorporated area of the county. The board further finds that appropriate regulation of refuse collection and disposal will prevent indiscriminate dumping of refuse and will insure that all citizens of the county are provided with adequate refuse collection service and an adequate disposal site. The board finds and declares that these goals may be achieved through the use of contracts providing for exclusive collection areas and collection permits for nonexclusive areas and may require refuse disposal at the county-owned landfill or other designated disposal sites.

(Ord. No. 2012-11, § 1, 12-11-2012)

For the purpose of this chapter, the terms used herein are defined as follows:

"Area" means the area within the county in which the county has granted permission by permit or contract to provide refuse collection.

"Director" means the county director of public works or his or her designee.

"Disposal site" means the location at which refuse is ultimately disposed.

"Permit" means written authorization of the board of supervisors whether by a permit for a nonexclusive area or a contract for an exclusive area authorizing a person to conduct refuse collection services within a specific territory.

"Refuse."

A. "Refuse" means all household and commercial, but not industrial or governmental wastes, including wastes such as discarded materials from dwelling places, households, apartment houses, stores, office buildings, restaurants, hotels, institutions, and all commercial establishments, including waste or discarded food, animal and vegetable matter, paper, cardboard, wood, cans, glass, ashes and boxes, cuttings from trees, lawns and gardens, and dried digested sludge from municipal sewage treatment plants.

B. "Refuse" does not include hazardous waste or contaminants which might be injurious to personnel engaged in solid waste handling, including, but not limited to acids, explosives, radioactive materials and septic tank pumpings; nor does it include any materials that are, or in the future may be, prohibited from dumping by the regulations of the California Regional Water Quality Control Board, Central Valley region, or by any other public agency, or by operation of other laws.

"Refuse collection service" means collecting, gathering or transporting refuse of another for money or other valuable consideration.

(Ord. No. 2012-11, § 1, 12-11-2012)

A. The board of supervisors shall determine whether the public health, safety and welfare is best served by providing refuse collection service by contract, license, permit or otherwise, either with or without competitive bidding.

B. The board may also determine that the public health, safety and welfare is best served by providing exclusive contracts for refuse collection in appropriate areas of the county.

C. The board may specify the frequency of collection, means of collection and transportation, level of service, the maximum charges and fees that can be charged for refuse collection service, the compensation to be paid to the county, the nature, location and extent of providing refuse collection services, and dispute resolution procedures and other terms and conditions related to refuse collection service. The board may specify the site for disposal of refuse.

(Ord. No. 2012-11, § 1, 12-11-2012)

It is unlawful for any person, municipality or public agency to operate a refuse collection or transportation service in the unincorporated area of the county without first obtaining a permit to do so from the county.

(Ord. No. 2012-11, § 1, 12-11-2012)

The application for a permit shall be made to the director. Each application shall include a description of the area to be serviced, a financial statement of the person intending to render service, a description of the background and experience of the parties intending to render service, a description of equipment to be used and a discussion on how that equipment will be obtained, a schedule of proposed rates to be charged, facts that establish the applicant has experience in providing the service for which the permit is requested and such other information as the director may request in order to aid in making a recommendation to the board.

(Ord. No. 2012-11, § 1, 12-11-2012)

The director shall prepare a report to the board of supervisors recommending granting, denying or amending the application. The director shall recommend conditions as the director may deem appropriate. The report to the board of supervisors shall discuss the effect the granting or denying the application will have on the health, safety and welfare of the public. The board of supervisors shall grant or deny or grant with such conditions as the board deems appropriate. The board may require performance bonds, a provision that the county is indemnified and held harmless, and certificates of insurance satisfactory to the county.

(Ord. No. 2012-11, § 1, 12-11-2012)

If a franchise agreement is executed with a contractor, the contractor shall charge only such rates and fees for refuse collection service that do not exceed the maximum rates approved by the board of supervisors or, if a permit or contract for refuse collection service is issued or entered into by the county, the maximum rates that are set forth in that permit or contract.

(Ord. No. 2012-11, § 1, 12-11-2012)

The board may require from the person rendering refuse collection services fees and charges sufficient to offset the county's expense in monitoring the service, reviewing and investigating customer complaints, and such other county expenses as may be incurred in the regulation of refuse collection services. In addition, the county may levy a fee to offset the county's expense in purchasing, constructing, maintaining and monitoring a county-owned disposal site.

(Ord. No. 2012-11, § 1, 12-11-2012)

It is the intent of the board of supervisors to insure that the citizens have an adequate and economical refuse disposal site. The county may acquire land to be used as a county-owned disposal site. The operation of the site may be done by the county's own forces or by another under contract with the county. Only such fees and charges that do not exceed the maximum rates approved by the board of supervisors or that are set forth in any contract or permit shall be imposed on users of such a disposal site. If such disposal site is operated under contract with the county, the county may charge the contractor fees and charges as may be necessary to compensate the county for its purchase of the disposal site, developing the disposal site and supervising the operations of the disposal site.

(Ord. No. 2012-11, § 1, 12-11-2012)

No person shall: (A) discharge firearms; or (B) operate vehicles of any kind in an area designated and operated as a county disposal site, except for the purpose of disposing of refuse.

(Ord. No. 2012-11, § 1, 12-11-2012)

It is unlawful for any person to dump or permit the dumping of any refuse or rubbish upon any property, public or private, except with an area designated by the board of supervisors for disposal and dumping of refuse and rubbish. In any civil action or criminal prosecution for a violation of this section, evidence in the refuse or rubbish which bears the name of a person or which tends to identify a person, shall be prima facie evidence that the person so named or identified dumped the refuse or rubbish unless the contrary is established by competent evidence.

(Ord. No. 2012-11, § 1, 12-11-2012)

A. Unless otherwise provided, a violation of any of the provisions of this chapter shall be punishable as provided in Chapter 1.08.

B. A violation of any provision of this chapter constitutes a public nuisance.

C. This chapter is a regulatory provision necessary for the protection of the public health, welfare and safety. In any criminal prosecution for a violation of this chapter, it is not necessary to prove knowledge or criminal intent unless otherwise specifically required.

(Ord. No. 2012-11, § 1, 12-11-2012)

Every person giving information leading to the arrest and conviction of a person for the willful violation of Section 8.32.120 of the Shasta County Code or Section 374.3 of the Penal Code, which violation results in damage to, or the destruction of, any property, shall, upon approval by resolution of the board of supervisors, be entitled to a reward from the Shasta County general fund in an amount not to exceed five hundred dollars. In adopting a resolution authorizing a reward pursuant to this section, the board of supervisors shall: (1) specifically find that the violation was willful and that it resulted in damage to, or destruction of, property; (2) find that the informant cooperated with the prosecution of the case; (3) set, in its sole discretion, the total to be paid in an amount not to exceed five hundred dollars; (4) specify who shall be paid the reward; and (5) in the case of multiple contributors of information concerning the same act, divide the reward amount, which may not exceed five hundred dollars, in the manner it deems, in its sole discretion, to be appropriate. This section shall be limited to cases of unlawful dumping and shall not apply to "littering" as that term is defined in Penal Code Section 374.

(Ord. No. 2012-11, § 1, 12-11-2012)