Sec. 22-18. - Franchise required; exceptions.

(a)

Requirement. No person shall collect, handle, transfer, store, process, transport or use solid waste, recyclable materials, or organic waste in the unincorporated area of the county without first entering into a franchise agreement with the county authorizing such activity.

(b)

Exceptions. The provisions of this section shall not apply to any of the following:

(1)

Materials Hauled by Owner or Occupant. Persons hauling their own solid waste, organic waste, or recyclable materials generated from their own residences, farms, agricultural operations, industrial, commercial or business establishments with their own transport vehicles and their own containers.

(2)

Materials Hauled by Service Provider. Building contractors, professional gardeners, landscapers, cleanup services engaged in the hauling of their own solid waste, organic waste or solid waste or organic waste generated by themselves in the course of rendering a service that is not principally a hauling service, provided the hauling is done with their own transport vehicles and their own containers, all solid waste is disposed of at a an approved disposal site, and all organic waste is delivered to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste or to a high diversion organic waste processing facility.

(3)

C&D Debris. Any person, firm or entity collecting and transporting C&D debris, provided that at least sixty-five percent (65%) of each load is actually recycled, and not disposed of as solid waste. All C&D collection containers shall be prominently marked "recycle" with a minimum of twelve-inch high letters on at least the widest two (2) sides of such containers. Upon request of the director of transportation and public works, the C&D hauler shall provide adequate documentation to the director of transportation and public works showing that at least sixty-five percent (65%) of such materials were recycled or re-used. Proof shall consist of third party documentation of the sale of materials for recycle or reuse to the third party.

(4)

Purchased Commodities. Any person, firm or entity that purchases, collects and transports source-separated recyclable materials provided that:

(a)

The generator is compensated reasonably for the materials collected or the generator is not paying a fee for any hauling or other service in connection with such arrangement;

(b)

Such materials are not disposed of as solid waste; and

(c)

The source separated recyclable materials collected shall be separated from solid waste by the generator so that they are at least ninety percent (90%) recyclable or compostable.

(d)

All containers shall be prominently marked "recycle" with a minimum of twelve-inch high letters on at least the widest two (2) sides of such containers; and

(e)

Upon request of the director of transportation and public works, the hauler shall provide adequate documentation to the director of transportation and public works showing that all such materials were recycled or re-used. Proof shall consist of third party documentation of the sale of materials for recycle or reuse to the third party.

(5)

Hazardous wastes and infection waste. household hazardous waste, hazardous waste, infectious waste, and designated waste regardless of its source.

(6)

Materials generated by entities not within the jurisdiction of the county. Materials, including solid waste, organic waste and recyclable materials, generated by public schools and universities, and city, county, state and federal facilities located in the county, provided that the generator has arranged for collection services with other persons through a separate agreement.

(7)

Donations. Items being collected or dropped off for reuse or repurposing at a thrift store.

(8)

Bulky Items Direct from Retailer. Bulky items such as mattresses or large appliances that are removed and recycled as part of a service, provided by a retailer, when a customer purchases a new similar product.

(9)

Food Delivery. Food delivered to food recovery organizations for the purposes of human consumption consistent with SB1383 regulations.

(c)

For the purposes of this section, the gross vehicle weight of vehicles used by independent recycling haulers shall not exceed sixteen thousand (16,000) pounds.

(Ord. No. 6361, § II(Exh. A), 11-16-2021)