Tuolumne County Municipal Code Ch. 7.04 General Provisions

Sections:

• 7.04.010 Title and citation.

• 7.04.020 Findings.

• 7.04.030 Purpose.

• 7.04.040 Enforcement-Penalties.

• 7.04.050 Appeals to the board.

be known and may be cited as the "Tuolumne County Integrated Waste Management Ordinance." (Ord. 2058 § 4 (part), 1994).

1994 the county has experienced insufficient revenues to adequately fund solid waste management increased costs to meet state and federal mandates for environmental compliance and waste diversion, and illegal storage and disposal of solid waste. The county also faces the prospect of having no landfill for its residents to dispose of their solid waste. The board of supervisors of Tuolumne County finds, in order to preserve the environment and protect the health and safety and quality of life of the residents of Tuolumne County, the need to provide for a stable, regular, efficient and adequately funded solid waste management system. The board also finds that it is necessary to regulate certain solid waste management issues to provide adequate solid waste management and recycling services as mandated by federal and state law, and to insure that those services are provided at affordable rates to the ratepayers. (Ord. 2058 § 4 (part), 1994).

of the Public Resources Code (Sections 40000 et seq.), this title is adopted to provide for an integrated solid waste management system which shall preserve the public health, safety, welfare, convenience and necessity and provide for a stable revenue source with which the county and authorized service providers may furnish adequate management of solid waste. This title is also adopted to provide for a combination of franchise agreements and permits which replace the existing permit system for the collection of refuse as provided for in Chapter 8.04 of this code. (Ord. 2058 § 4 (part), 1994).

A. Any person violating any of the provisions of this title shall be guilty of a misdemeanor and subject to the penalties provided for in Section 1.08.020 of this code.
Each day a violation is committed or permitted to continue shall constitute a separate offense.

B. As an alternative to criminal enforcement, both the county and franchisee or permittee have the independent authority to civilly enforce any provision of this title.
The SWM may invoke these remedies, or any of them, whenever deemed appropriate.

C. A franchisee or permittee authorized to provide collection and transport of recyclables shall have authority to seek treble damages, to the same extent as a recycling agent, pursuant to California Public Resources Code Section 41953.

D. Authority for the enforcement of this title shall be vested in the SWM. (Ord. 2058 § 4 (part), 1994).

of the SWM, expressly made subject to review under this section, shall be set for a hearing only upon a written request made to the clerk of the board of supervisors, by an aggrieved person, not more than fifteen calendar days following the date of the decision being reviewed. The clerk of the board shall set the matter for hearing not more than sixty days following receipt of the written request and shall give written notice of the time, date and place of hearing to the appellant, applicant, permittee or franchisee as applicable and the SWM. The entire matter shall be reviewed by the board relying solely upon evidence presented at the hearing. At the hearing the appellant shall

have the burden of proof, unless provided otherwise. The board shall issue its decision within fifteen days after the close of the hearing on the appeal. The board may uphold, conditionally uphold, or revise the decision of the SWM and shall return the matter to the SWM for action in conformance with the board's decision. (Ord. 2058 § 4 (part), 1994).