Tuolumne County Municipal Code Ch. 7.12 Necessary Franchises and Permits

Sections:

• 7.12.010 Collection area assignment.

• 7.12.020 Franchise or permit-Required.

• 7.12.030 Franchise-Right and obligation of franchisee in collection area.

• 7.12.040 Franchise-Granted for more than one area.

• 7.12.050 Exemptions.

• 7.12.060 Permit-Issuance.

board declares that the unincorporated area of the county is divided into solid waste collection areas. The established collection areas, once known as permit collection areas, shall now be known as collection areas. The boundaries of the collection areas shall be shown on a map named "Solid Waste Collection Areas of Tuolumne County," adopted by the board and which shall be subject to modification by order of the board if the board finds that such modifications are necessary and in the public interest for the efficient conduct and operation of the solid waste collection service routes. (Ord. 2058 § 4 (part), 1994).

Unless exempt as provided in Section 7.12.050, no person shall, in the unincorporated area of Tuolumne County, engage in any of the following activities:

A. Collection or transportation of solid waste in a collection area without a franchise or permit;

B. Collection or transportation of industrial solid waste outside a collection area without a permit;

C. Collection or transportation of municipal solid waste outside of a collection area without a permit;

D. Collection or transportation of recyclables without a permit;

E. Disposal or arranging for disposal of solid waste without a franchise;

F. Solid waste transfer or processing without a franchise. (Ord. 2058 § 4 (part), 1994).

franchisee in collection area. Except for activities authorized by permit issued pursuant to Section 7.12.060, or exempt pursuant to Section 7.12.050:

A. Within its collection area, a franchisee shall have the exclusive right and obligation to collect or transport all solid waste and recyclables generated within that area and for which service is requested by a customer, and the right to collect source separated recyclables placed by any person who is not a customer for collection by the franchisee. A franchisee, upon request of an applicant for a permit may waive its exclusive right hereunder, and the franchisee’s obligation to provide the permitted service is deferred upon issuance of such permit; provided however the obligation is deferred only so long as a valid, unsuspended permit is outstanding and the permittee is actually providing the service.

B. As long as there is in force a franchise agreement for the collection of solid waste in a particular collection area, no further applications for franchises in that area will be accepted by the county; provided, however, applications will be accepted for a collection area if the existing franchise is suspended, or within one hundred eighty days prior to the expiration of the franchise agreement unless the franchisee has exercised any automatic renewal procedure contained within the franchise agreement, and further provided if an application is received any competing applications must be submitted within forty-five days thereafter. (Ord. 2058 § 4 part, 1994).

area. Any one franchisee may receive franchises for more than one collection area. (Ord. 2058 § 4 (part), 1994).

A. Persons hauling solid wastes or recyclables from their residences, or solid wastes or recyclables produced in the course of their own business (including building contractors), or persons performing occasional hauling for others

without compensation in excess of that which may be generated by such recyclable materials, shall not be required to obtain a franchise or permit but are required to use equipment and methods meeting the standards set forth in this title, and other applicable codes, for collection and transport of such materials and are required to deliver solid wastes only to facilities identified and authorized by resolution of the board.

B. Persons collecting and transporting source separated recyclables for charitable purposes shall not be required to obtain a franchise or permit, but are required to use equipment and methods meeting the standards set forth in this title, and other applicable codes, for collection and transport of such materials.
However, the types and amounts of recyclables delivered to an out-of-county facility by such persons shall be reported annually to, and on a form as prescribed, by the SWM.

C. Nothing in this title shall inhibit regulate or restrict any drop-off or buy-back recycling center from activities, including output from those centers, permitted by Public Resources Code Section 40000 et seq., as amended, and the California Beverage Container Recycling and Litter Reduction Act of 1986.

D. Franchisees that provide solid waste collection services shall not be required to obtain a permit to collect recyclables within their collection areas. (Ord. 2058 § 4 part, 1994).

authorized to issue permits as described in Section 7.12.020 pursuant to the procedure described in Section 7.20.030.

A. With respect to a permit under subsection A of Section 7.12.020, the SWM is authorized to issue a permit to a person for providing collection and transportation of solid wastes for special circumstances, if, the franchisee waives its exclusive right to the activity for which the permit is sought and a permit application is submitted pursuant to Chapter 7.20. The waiver must be in writing to the SWM, with a copy to the board, and must specifically describe the service being waived and whether the waiver is limited to any particular person or persons. (Ord. 2058 § 4 (part), 1994).