Sierra County Municipal Code Art. II Regular Solid Waste Handling Services

A. The Board hereby finds and declares that it is necessary for the protection of the public health, safety, and welfare to make available through private sector providers residential and commercial solid waste handling services, which may include the collection and transportation of recyclables, by means of exclusive or nonexclusive license, within the unincorporated area of the county. The Board further finds it necessary and appropriate to limit the number of collectors authorized to provide residential and commercial solid waste collection service within the unincorporated area of Sierra County.

B. Except as provided for in SCC 8.04.035(C), all solid waste handling services shall be provided by a collector under a license issued by the county which shall be subject to the terms and conditions contained therein and the other requirements set out in this chapter. Solid waste handling services may include the collection and transportation of recyclables.

C. Applicants for a license to provide solid waste handling services shall file with the solid waste fee administrator and pay such application fees as may from time to time be established by the Board by resolution a verified application in writing on a form furnished by the solid waste fee administrator 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 venturers 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 disposal of all solid waste collected or transported at an authorized solid waste facility of the applicant’s choosing where the same may be legally accepted and disposed;

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. A list of all collection equipment and such other 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 solid waste fee administrator may require.

D. Upon receipt of a complete application the solid waste fee administrator shall schedule a public hearing before the Board of Supervisors at which time the Board shall entertain public input on the question of the issuance of a license to the applicant. Notice of the hearing shall be by publication in the newspaper within 15 days of the date of the hearing and by mail to the applicant. From the information presented, the Board shall, in its sole discretion, decide if it is in the public interest to issue a license for solid waste collection services in the county or for any portion of the county. Any license issued by the Board shall be valid for a period of no more than three years. The issuance of a license by the Board shall not constitute the granting of any contractual right, property interest or vested right to engage in solid waste collection in Sierra County and any license shall be subject to review and revocation by the Board based on the Board’s determination that it is no longer in the public interest to license the collector to provide solid waste collection services. In issuing any license the Board reserves the absolute right to enact new and/or modify any existing ordinance or other provisions pertaining to solid waste services and collection; and the cost of compliance by any collector shall not be a county charge or legal responsibility.

The Board may charge fees for the issuance of a solid waste collection license as the Board may deem appropriate to offset the cost to the county in the issuance of the license and the administration and operation of the solid waste system.

E. A collector issued a license to provide collection and transportation of recyclables may also be designated as an authorized recycling contractor.

1. In the event the Board does not include the collection and transportation of recyclables in any license, the Board may, by resolution, determine whether such recycling services shall be provided, and whether the services are to be provided by means of exclusive, semi-exclusive or nonexclusive license 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 license issued by the Board, to collect and transport recyclables in the county.

F. 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, or to sell its recyclables to a third party who may then transport same from the business.

G. A collector providing solid waste handling services shall comply with the requirements of SCC 8.04.105 at all times during the term of the license or contract.

H. All fees received by the county pursuant to this section shall be deposited to the solid waste enterprise fund or to such other fund as the Board may designate.

I. Notwithstanding any language to the contrary in this section, the Board may authorize another collector or any other solid waste enterprise to provide emergency solid waste handling services for a period not to exceed 180 days when the Director determines there is a danger to the public health, safety, or welfare. (Ord. 939, eff. 3/20/03; Ord. 880, eff. 3/4/99)

For a reasonable and appropriate fee, collectors shall, if requested, provide to all residents and business within their authorized service areas regular solid waste handling services 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 multifamily 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 Solid Waste Administrator 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. (Ord. 880, eff. 3/4/99; Ord. 844, eff. 10/1/96)

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 SCC 8.04.225, nor shall a conviction for such violation exempt any person from a civil action brought by an authorized recycling contractor. (Ord. 844, eff. 10/1/96)

The county may require, and upon request by the county, a collector shall provide such financial records and reports to the county as pertain to the collector’s business and operation in Sierra County, which records and reports shall include information concerning the total costs and profitability of the solid waste operations when the collector uses all or a portion of its equipment, administrative facilities and/or overhead for operation in Sierra County and any other jurisdiction. The County Auditor shall have the right to conduct an audit of collector’s books and records pertaining to collector’s Sierra County solid waste operations upon a 10-day prior written notice to collector. (Ord. 880, eff. 3/4/99; Ord. 844, eff. 10/1/96)

A. Pursuant to the provisions of the Act and applicable provisions of state law, including but not limited to Cal. Gov’t. Code § 25830 et seq., the county may levy fees upon collectors, persons, responsible parties, and real property within the county that benefit from the solid waste disposal system in the county, 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 and for providing solid waste disposal sites. 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 county may charge a fee as established by the Board of Supervisors for the receipt of solid waste at the transfer stations and/or the landfill which is not “source separated.”

D. The county may charge a fee for solid waste with origin into the solid waste stream from outside the county, which fee may include a component or components for infrastructure costs which are otherwise borne by county real property owners and holders of possessory interest through solid waste benefit assessments not paid by out-of-county residents.

E. All fees received pursuant to this section shall be deposited to the solid waste enterprise fund. (Ord. 844, eff. 10/1/96)

A. In issuing licenses for solid waste handling services, the county expressly reserves the right to approve and to limit the rates for collection and disposal, which may include establishment of categories, such as single-family, residential, multifamily residential and various commercial rate categories. The county’s rate regulation authority may be exercised at the time of the issuance of a license and/or at any time thereafter that the Board determines that due to the lack of appropriate competition, rate regulation is necessary for the protection of the residents and businesses within the county.

B. In the event that the Solid Waste Administrator believes that there is a reasonable basis to believe that the rates should be regulated, the Administrator shall report same to the Board and upon the Board’s election, the Board shall notify the collector of the time and date at which time the Board shall conduct a hearing to consider whether the collector’s rates should be regulated. Any proceedings under this subsection shall not occur any more frequently than once a year.

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, where justified, allow for disparity of costs of providing services in the locality served. No collector may charge rates for any service in excess of those specifically approved by the Board. A collector is free to charge rates less than what are authorized by the Board; provided, that such charges are applied uniformly within the service area.

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. In determining the reasonableness of the rate of return of the collector the Board is expressly authorized to and shall consider the nature of solid waste collection and whether the collector is operating with or without competition and whether there is a monopoly or quasi-monopoly for the collector.

3. The Solid Waste Administrator or the solid waste fee administrator 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 solid waste fee administrator shall make recommendations to the Board regarding the proposed rate.

4. After considering the recommendation of the Solid Waste Administrator, the Board may establish uniform rates throughout the county or may establish uniform rates within areas based on the length of haul or other factors which may, in the opinion of the Board, justify establishment of rate differentials.

C. 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; nor shall any collector deny any person service for any reason other than for failure to pay for the service, or for the continued failure of the person to comply with the provisions of this chapter regarding the use of appropriate containers.

D. 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.

E. If the county acts so as to regulate solid waste collection rates, the affected licensee shall thereafter be entitled to request an amendment to the rates, not more frequently than once per year. Any request by a collector for an amendment to the solid waste rates shall be submitted by the collector, if at all, on or before July 1st of each year. Notwithstanding anything to the contrary, the maximum amount that the rates may be raised in any single year may not exceed 10 percent.

F. Rates to be charged for unscheduled service shall be arranged with the customer and shall not be subject to regulation by the county. Notwithstanding the foregoing, the county reserves the right to regulate rates if Board finds that the rates are, using the criteria set out above regarding rates for regular service, excessive. The Board shall notify any collector of its intent to consider regulation of unscheduled rates and shall conduct a public hearing thereon prior to regulating unscheduled service rates.

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. (Ord. 880, eff. 3/4/99; Ord. 844, eff. 10/1/96)

A. 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. If such collection fees and charges (and any applicable interest or penalties) are not paid as required, the responsible party and the owner of the premises each shall be jointly and severally liable for their payment.

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 solid waste fee administrator, setting forth the facts of such alleged unauthorized charge. The solid waste fee administrator 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 solid waste fee administrator may be appealed pursuant to Sierra County solid waste fee administration appeals system. (Ord. 844, eff. 10/1/96)

Any trucks used for the collection or transportation of solid waste shall be leakproof 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 California Vehicle Code and this chapter. Where applicable, the county may require such trucks to accommodate source separated solid wastes. (Ord. 844, eff. 10/1/96)

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. 844, eff. 10/1/96)

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. 844, eff. 10/1/96)

The noise level for the collection trucks during the stationary compaction process shall not exceed 75 decibels at a distance of 25 feet from the collection truck and at an elevation of five feet from the horizontal base place of such trucks. (Ord. 844, eff. 10/1/96)

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. Failure to provide sufficient collection equipment shall provide an express basis for the revocation or termination of any permit, license franchise or contract for solid waste handling services. (Ord. 844, eff. 10/1/96)

A. All containers provided by solid waste collectors shall be leakproof 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 and otherwise comply with the provisions of SCC 8.04.045. All containers shall be marked pursuant to the safety standards as established by ANSI (American National Standards Institute) for containers that are placed in public access areas as such standards may be amended time to time.

B. 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.

C. All containers 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. 939, eff. 3/20/03; Ord. 844, eff. 10/1/96)

Cross reference: See also SCC 8.04.045, Containers – Weight limits – Placement.

In the event that the county determines that it is necessary to regulate the rates that are charged by any collector, in accordance with the authority of SCC 8.04.230, then 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 the County Auditor 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 license for the previous year. 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. 880, eff. 3/4/99; Ord. 844, eff. 10/1/96)