Trinity County Municipal Code Ch. 8.08 Solid Waste Disposal

Footnotes:

--- (1) ---

* Prior history: Ords. 320, 320-1, 320-2, 1022, 1073, 1113 and 1120.

This chapter shall be known and cited as the "solid waste disposal ordinance" of the county.

(Ord. 1196 (part), 1995)

The board finds that an ordinance regulating solid waste disposal is necessary to provide for public health and safety and to prevent indiscriminate and unlawful disposal, dumping and spilling of garbage, refuse and rubbish along and upon public streets, roads, highways or other places. The board, therefore, finds that the public health, safety and convenience require a stringent control and regulation of the collection, disposal and recovery of solid waste in the unincorporated areas of the county.

(Ord. 1196 (part), 1995)

The provisions of this chapter shall be the minimum requirements for the protection of the public health and safety as defined in Title 14 and Title 23 of the Public Resources Code of the state of California.

(Ord. 1237 §1 (part), 2000; Ord. 1196 (part), 1995)

For the purposes of this chapter, the terms used in this section are defined as follows:

"Acceptable waste" means any and all waste that is "solid waste" as defined in this section but is not "excluded waste" as defined in this section.

"Board" means the board of supervisors of the county of Trinity.

"Bulky wastes" means any large items of solid waste such as appliances, furniture, large auto parts, trees, branches, stumps and other oversize waste whose large size precludes or complicates their handling by normal collection, processing or disposal methods.

"Collection" means the act of collecting solid waste at the place of generation by an approved collection agent (public or private) and is distinguished from "removal."

"County" means the county of Trinity.

"Disposal site" or "disposal facility" means a sanitary landfill or waste transfer station as defined under Title 14 of the Public Resources Code of the state of California.

"Equipment" means any and all containers, tractors, trailers, motor vehicles, cranes, top pickers, loaders, backhoes and other equipment utilized for collection, transportation, handling, processing and disposal of acceptable waste.

"Excluded waste" means waste that: (1) is prohibited from receipt at the disposal site by state, federal or local law, regulation, rule, code ordinance, order, license, permit or permit condition; (2) is or contains hazardous waste as defined in this section; (3) county reasonably believes would, as a result of or upon disposal, be a violation of local, state or federal law, regulation or ordinance, including land use restrictions or conditions applicable to the disposal site; or (4) in county's opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose county to potential liability.

"Garbage" includes all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of foodstuffs.

"Hazardous wastes" include any waste material or mixture of wastes which is toxic, corrosive, flammable, an irritant, a strong sensitizer, which generates pressure through decomposition, heat or other means, if such a waste or mixture of wastes may cause substantial personal injury, serious illness or harm to humans, domestic animals or wildlife, during, or as a result of any disposal of such wastes or mixture of wastes.

"Person" means any individual, firm, corporation, joint venture, association or copartnership, and the plural as well as the singular.

"Recovered materials" include any discarded metal, glass or plastic items, or discarded clothing, housewares, toys, tools or other goods which are, or can be, removed from the waste stream for reuse or recycling.

"Refuse" includes "garbage" and "rubbish"; used interchangeably with "solid waste."

"Rubbish" includes nonputrescible solid wastes such as ashes, paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, plastics, rubber by-products and litter.

"Solid waste" includes all solid or semi-solid, putrescible and nonputrescible discarded material, including garbage, recovered materials, rubbish and bulky wastes.

"Truck" means any truck, tractor/trailer, conveyance or other vehicle used to collect and transport solid waste over public roads and highways.

"Universal waste" means wastes which include batteries, such as nickel-cadmium and small sealed lead-acid batteries; thermostats which contain liquid mercury; lamps which typically contain mercury and sometimes lead, including fluorescent, high intensity discharge (HID), neon, mercury vapor, high pressure sodium, and metal halide lamps; and agricultural pesticides.

For purposes of this chapter, the masculine pronoun shall be taken to include the feminine and neuter cases.

(Ord. 1237 § 1 (part) 2000; Ord. 1196 (part), 1995)

It is unlawful for any person to operate a solid waste collection or transportation service in the unincorporated area of Trinity County without possessing a current permit or franchise to do so from the board and paying such fee or fees as may be required for such permit or franchise.

(Ord. 1237 §1 (part), 2000; Ord. 1196 (part), 1995)

The provisions of this chapter shall not apply to persons hauling their own residential solid waste; nor to persons engaged in farming or agricultural processing, hauling waste generated by their own operations; nor to municipalities or public agencies or private operators who collect solid waste exclusively within a municipality; nor to industrial, commercial or business establishments or building contractors hauling their own solid waste or wastes generated by their own operations. It is the intent of this chapter to prohibit any person from hauling solid waste for hire without first securing a permit or franchise as provided in this chapter.

(Ord. 1237 § 1 (part), 2000; Ord. 1196 (part), 1995)

Applicants for a permit or franchise under this chapter shall file with Trinity County general services, the oversight agency of the county of Trinity, a verified application in writing in a form approved by the general services manager, which application shall include the following:

A. Name of applicant;

B. Permanent home and business address and full local address of the applicant, including situs of residence, and business office and/or service yard;

C. Trade or firm name, if applicable;

D. If a joint venture, partnership, or limited partnership syndicate, the names and addresses of all partners and their percentages of participation; if a corporation, the names and addresses of all shareholders, directors and officers, and the percentage of participation of each;

E. The location to which the solid waste collected shall be transported for disposal, providing that the site is capable of, and permitted for, acceptance of the materials disposed;

F. Vehicle information, including:

1. Make, year, VIN number, license number, tare weight and capacity of each vehicle owned by the applicant,

2. Make, year, VIN number, license number, tare weight and capacity of each vehicle leased, rented or hired by the applicant; the name and address of the lessor, and a copy of the lease, rental or hire agreement,

3. The location where the equipment owned or leased may be inspected by the general services manager or his designee;

G. A legal description of the proposed service area; such description to include:

1. The name(s) and address(es) of any permittee(s) already serving the proposed area,

2. A map delineating the boundaries of the area or areas with sufficient accuracy that the boundaries can be readily and accurately transferred to a master map retained in the general services office,

3. A text describing the boundaries of the proposed service area by reference to streets, roads, monuments, topographic or geographic features,

4. The number of vehicles, trailers, containers or other pieces of equipment that applicant proposes to use to serve the area, listed by type and identified by license number or some other means of unique identification,

5. The proposed frequency of collection; listed by type if separate pickups are made for residential or commercial accounts, or for recovered materials,

6. A description of the financial arrangements that are proposed to be entered into by applicant to acquire any necessary equipment and a brief description of the terms of any transaction by which the applicant will obtain any of the required funds;

H. If the applicant is the owner/operator of an existing solid waste collection firm in the county, copies of applicant's income and expense statements for the past three years, prepared either on the basis of a certified audited statement, or a review by a certified public accountant, at the election of the applicant. If applicant is not the operator of an existing solid waste collection firm in the county, the applicant shall submit either audited financial statements for the past three years of operation, or alternatively, a statement in the form of a budget setting forth:

1. The total projected financing requirements of applicant for the first two years of operation,

2. The source of all required funds,

3. The use proposed to be made of all funds received, including all expenditures to be made or incurred;

I. A statement from the applicant which demonstrates the company's fitness to perform the task in a safe and effective manner;

J. Each application for a new or amended permit or franchise shall be accompanied by a filing fee of two hundred fifty dollars.

(Ord. 1237 § 1 (part), 2000; Ord. 1196 (part), 1995)

The general services manager shall conduct, or cause to be conducted, such investigations of each application as he deems necessary to recommend to the board whether the application should be approved in whole, in part, or denied. The recommendation shall include the general services manager's findings concerning the fitness, willingness and ability of applicant to properly perform the proposed service(s) and to conform to the requirements of this chapter and the applicable sections of the Vehicle Code and the Public Resources Code of the state of California. The investigation shall be completed and the report submitted to the board within sixty days of receipt of the application. Upon receipt of the recommendations of the general services manager, the board may approve, in whole or in part, or conditionally approve the application upon finding that:

A. Applicant is fit, willing and able to perform the services proposed and to conform to the conditions of this chapter and to the applicable sections of the Vehicle Code and the Public Resources Code of the state of California;

B. The proposed service is or will be required for present and future public health, safety and convenience.

In the event any required finding is not made, the application shall be denied. A permit may be granted for service to an area already served by an existing permit or franchise. Upon approval or conditional approval, the general services manager shall issue the appropriate permit to operate. All permits or franchises issued under this chapter shall be effective for a period of five fiscal years, commencing on July 1st of the year of issuance; except that the board may further limit the term of a permit or franchise to coincide with the term of the county contract for solid waste services. Unless cancelled or revoked as provided in this chapter, a permit shall automatically be renewed for an additional term of five years following expiration of the initial term; provided, that the permittee or franchisee requests the renewal in writing not less than six months nor more than twelve months prior to the expiration of the current (or initial) permit or franchise.

(Ord. 1237 § 1 (part), 2000; Ord. 1196 (part), 1995)

Every person operating a service within the unincorporated area of the county for collection and transportation of solid waste prior to the operative date of this chapter shall be presumed, in the absence of evidence to the contrary, and finding by the board, to have provided prima facie evidence of compliance with Section 8.08.080 of this chapter.

(Ord. 1237 § 1 (part), 2000; Ord. 1196 (part), 1995)

Any permit or franchise issued pursuant to this chapter shall be in the form approved by the director of general services and county counsel and on the conditions set forth in such permit or franchise.

(Ord. 1237 § 1 (part), 2000)

It is unlawful for any person to dump any solid waste or hazardous waste, as described in Section 8.08.040 of this chapter, upon, or to permit the same to fall upon any property, public or private, or upon any road or highway, or any place, yard, lane, alley, field, body of water, ravine, or any location not specifically designated for disposal of those materials. It shall also be unlawful for any person to dump, or permit to fall, any unpermitted material or materials into or upon any waste disposal or transfer facility. It shall also be unlawful for any person to discharge septic tank sediment or effluent (i.e., septage) into or onto any area other than an impoundment or tank specifically constructed for such disposal, or to discharge any solid waste other than septage into such impoundment or tank. Persons found guilty of illegal dumping shall be subject to a fine of not less than five thousand dollars, plus the cost to clean up and abate the nuisance so created. The first person providing information leading to the conviction of a party or parties guilty of illegal dumping as defined in this section shall receive ten percent of the fine collected as a reward.

(Ord. 1237 §1 (part), 2000; Ord. 1196 (part), 1995)

The board may acquire or lease land to be used for public disposal or collection/transfer facilities for solid waste, if the board finds that the acquisition or lease is necessary to protect public health and safety. The board reserves the authority and right to establish by resolution any charges deemed reasonable for the disposal of solid waste at any county disposal or collection/transfer facility, such charges to reflect the cost of providing and operating the facility or facilities in accordance with applicable local, state and federal laws. The board also reserves the authority and right to set, by resolution, schedules of maximum prices for collecting and hauling solid waste within the county. Such schedules, once adopted, become a part of this chapter. A copy of any schedule so established by board resolution shall at all times be kept on file in the offices of the county clerk, the board of supervisors, and the general services manager for inspection by the public during normal business hours.

(Ord. 1237 §1 (part), 2000; Ord. 1196 (part), 1995)

It is unlawful for any person to do, or attempt to do, any of the following acts, and such acts are declared to be nuisances:

A. To dump, leave or abandon any live animal or animals at any waste disposal or collection/transfer site or facility;

B. To initiate, maintain or permit disposal of solid waste on private property in such a manner as to produce odors, provide harborage for vermin, or create a hazard to public health and safety;

C. No permittee or franchisee operating a collection/transfer truck having a freight capacity of eight or more cubic yards may dump or cause to be dumped, any solid waste at a disposal site other than the Weaverville landfill; provided, however, that the general services manager may designate a specific site within the landfill for said disposal.

Persons guilty of creating or maintaining a nuisance shall be subject to a fine of not less than one thousand dollars, plus the cost of abating the nuisance.

(Ord. 1237 §1 (part), 2000; Ord. 1196 (part), 1995)

This chapter shall not be construed to prohibit the owners of residences or businesses from collecting and transporting solid waste from their own residences or places of business to a county disposal or collection/transfer facility for proper disposal. This chapter shall also not be construed to prohibit disposal of household garbage on private property through composting or through use of same as a feed supplement for domestic animals, provided that said disposition can be made according to applicable health and public resources laws.

(Ord. 1237 §1 (part), 2000; Ord. 1196 (part), 1995)

To provide for public health and safety, the board may make, by resolution, all necessary rules and regulations governing the handling, collection, transportation or disposal of solid waste or hazardous waste, and may establish through adoption of a benefit assessment or other means, for the funding necessary to provide a solid waste system to county residents and businesses. Copies of any such rules, regulations, schedules of charges, and related resolutions shall be kept by the county clerk, the board clerks, and the general services manager, and shall be made available to the public upon request.

(Ord. 1237 §1 (part), 2000; Ord. 1196 (part), 1995)

Unless so stipulated in an approved permit or franchise agreement, all right and title to recovered materials shall reside with the county. This provision does not apply to recovered materials being transported, sold or recycled by the residents or businesses which generated those materials. The board may, as a condition of granting or renewal of a permit or franchise, require the permittee or franchisee to provide for either separate or segregated collection of recovered materials, and for documentation of the volumes or weights of same on a regular basis.

(Ord. 1237 §1 (part), 2000; Ord. 1196 (part), 1995)

It is unlawful for any person, resident, or business to dispose of solid waste at any collection/transfer station unless a disposal fee is paid. Such disposal fee shall be based on the current charge per cubic yard for solid waste disposal as established by board resolution for the current year, or it may reflect the cost to dispose of permitted, specific waste items as listed in the same board resolution. Refusal to pay for disposal shall constitute illegal dumping as defined in Section 8.08.110 of this chapter.

(Ord. 1237 § 1 (part), 2000; Ord. 1196 (part), 2000)

Unless otherwise provided, any person, firm or corporation, whether as principal agent, employee or otherwise, violating any provision of this chapter shall be guilty of an infraction and upon conviction thereof, shall be punishable by a fine of not more than one thousand dollars, and for violation of the section governing illegal dumping, of a fine not less than five thousand dollars plus the cost of abating the nuisance the illegal dumping created. Guilty parties may also be subject to civil actions.

(Ord. 1237 §1 (part), 2000; Ord. 1196 (part), 1995)

This chapter shall not require persons entering into short-term contracts with the county for specific projects to become permittees or franchisees in order to dispose of solid waste at county facilities, although all other stipulations, conditions and possible penalties for violations continue to apply.

(Ord. 1237 §1 (part), 2000; Ord. 1196 (part), 1995)