Sonoma County Municipal Code § 22-19 Territorial limits of franchise agreement

(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)

The director of transportation of transportation and public works shall specify in all franchise agreements issued under the provisions of this chapter the territory in which the franchisee may collect and transport solid waste, recyclable materials, and organic waste. Within the franchise territory defined by the franchise agreement, the county franchisee shall have exclusive rights to provide solid waste, recyclable materials, and organic waste collection service to all single-family premises, multi-family and commercial premises, except as provided in Section 22-18(b) (exceptions to franchise agreement requirements).

(a) Maps. The department shall maintain a map or maps of the unincorporated area that reflect the boundaries of the exclusive franchise areas. Such map or maps shall be provided to any Person for review upon request, and may be posted on the internet or otherwise made readily available for public review.

(b) Alterations. The board of supervisors reserves the right to adjust the boundaries of the exclusive franchise areas (s) from time to time, in its sole discretion.

(c) No franchisee shall at any time collect solid waste, organic waste or recyclable materials in the county outside the territorial limits fixed by the applicable franchise agreement. The territory so specified in any such franchise agreement may be modified by the board of supervisors following reasonable notice and hearing.

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

(a) Must Furnish Service. All franchisees shall provide solid waste, organic waste and recyclables collection service to all residential and commercial premises situated within the franchise area specified in their franchise agreement.

(b) Lettering on Trucks. All franchisees shall have painted or stenciled on a prominent place on the exterior of each truck used in providing collection service the following information in four-inch capital letters:

NAME OF AGENCY OR FIRM OPERATING THE VEHICLE

TELEPHONE NUMBER

(c) Truck Beds, etc.—Generally. The bodies of trucks used in the collection or transportation of solid waste, organic waste and recyclable materials shall have watertight beds of metal or of impervious material which can be cleaned. The beds shall be cleaned and disinfected at least once a day when in use. Franchisees shall provide adequate means to prevent collected materials from escaping from the truck during collection or transportation.

(d) Packer-type Trucks. Packer-type completely enclosed trucks shall be used by Franchisees under this chapter to the fullest possible extent. Other suitable equipment as required by terrain, type of material to be hauled or other special conditions may be approved by the director transportation of transportation and public works.

(e) Cleaning and Disinfection of Tanks, Containers, etc. All garbage-conveying tanks and other receptacles shall be cleaned and disinfected, both on the inside and outside thereof, immediately after being used and, at all times, shall be kept free from spills on the outside thereof.

(f) Commitment to Deliver Waste. All franchisees shall deliver all solid waste and organic waste collected within the unincorporated area to locations as directed by the director of transportation and public works.

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

Any account with a county franchisee with unpaid charges for one hundred eighty (180) days or longer shall be considered a delinquent account. At the request of a county franchisee, and upon the submission to the county of appropriate information demonstrating that an account is delinquent and that the franchisee has issued proper written notice to the account holder of such delinquency, the county will send a letter to the owner of the property with the delinquent account and request payment within thirty (30) days. If complete payment of all unpaid amounts is not received by the county within thirty (30) days, the county shall place a lien on the property in accordance with Government Code Section 25828, and proceed to collect any unpaid amounts in the manner set forth therein. Such unpaid amounts shall include any administrative or late fees (including interest) charged to the delinquent account by the county, or by the franchisee pursuant to the franchise agreement, provided the county is legally able to collect such fees under Government Code Section 25828. All amounts collected by the county pursuant to this section shall be remitted in full to the franchisee, less any offset for amounts due the county from that franchisee pursuant to the franchise agreement or this Chapter 22.

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