Tuolumne County Municipal Code § 8.05 Refuse, Rubbish, and Recyclables Storage and Handling

County of Tuolumne hereby finds and declares that the accumulations of garbage and refuse creates a public health hazard and that the accumulation of garbage, refuse, rubbish, and recyclables creates a condition tending to reduce the value of private property, promotes blight and deterioration, invites plundering, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety, creates harborage for rodents and insects and can be injurious to the health, safety and general welfare.
The purpose of this Chapter is to establish minimum standards for the storage of generally nontoxic/nonhazardous wastes and removal of wastes within the unincorporated areas of Tuolumne County. (Ord. 3173 § 2, 2011; Ord 3134 § 1, 2010; Ord. 2223 § 3 (part), 1998).

Agency. Within the authority of the Public Resources Code, Sections 43000 et seq., the California Code of Regulations, Title 14, Sections 17200 et seq., and other applicable State law, the Board of Supervisors designates the Tuolumne County Division of Environmental Health as the Local Enforcement Agency (LEA) and authorizes and directs the LEA to carry out the provisions of this Chapter dealing with production, storage, residential open-burning and removal of refuse. The LEA shall also ensure that disposal sites are maintained and operated in a lawful and sanitary manner. (Ord. 3393 § 3, 2021; Ord. 3173 §3, 2011)

not be construed as imposing upon the county any liability or responsibility for damage resulting from any refuse storage and handling practices as herein provided; nor shall the County, or any official employee thereof, be held as assuming such liability or responsibility by reason of the activities authorized hereunder. (Ord. 2223 § 3 (part), 1998).

this chapter shall be enforced as provided for in Chapter 1.10 of the Tuolumne County Ordinance Code. (Ord. 2223 § 3 (part), 1998, Ord. 2296 § 5, 1999).

otherwise, the following words and phrases, whenever in use in this chapter, shall be construed as defined in this section.

A. “Agricultural Operation” means growing and harvesting of crops, or the raising of fowl or animals for the primary purpose of making a profit, or providing a livelihood, or the conduct of agricultural research or instruction by an educational institution.
Agricultural operations include forest management, range improvement, wild land vegetation management, or disease or pest prevention.
Agricultural operation also includes general hobby farming and ranching activities in approved zoning districts in which such activities are allowed.

B. “Building Materials” means useable materials used for construction, reconstruction, demolition or repair of buildings or structures including, but not limited to, lumber, concrete, masonry, and metal roofing.

C. “Composting” means the controlled biological decomposition of organic wastes that are separated from the municipal waste stream that generates temperatures of at least 50o Celsius (122oF) during decomposition and is releasing carbon dioxide at a rate of at least 15 milligrams per gram of compost per day, or the equivalent of oxygen uptake.

D. “Compost” means the product resulting from the controlled decomposition of organic wastes which includes vegetable, yard and wood wastes that are not hazardous, that are separated from the municipal waste stream.

E. “County Authorized Solid Waste Collector” means a commercial solid waste collector possessing a valid franchise agreement or permit with the County of Tuolumne under Title 17 of the Tuolumne County Code.

F. “Development Project” means any of the following:

1. A project for which a building permit is submitted after effective date of this Chapter, for a commercial, industrial, or institutional building, marina, mobile home park, RV park, campground or other recreational facilities, or residential building having five or more living units, where any garbage, refuse, rubbish, yard wastes, or recyclables are proposed to be collected and loaded in a location serving five or more living units.

2. Any new public facility where solid waste is to be collected and loaded, and any improvements for areas of a public facility used for collecting and loading solid waste.

3. Subdivisions or tracts of single-family detached homes only if, within such subdivisions or tracts there is an area where solid waste is proposed to be collected and loaded in a location which serves five or more living units.

G. “Disposal site” means any place, approved by the LEA, where refuse is dumped, abandoned, accepted for transfer or disposed of by incineration, landfilling, composting or any other designated and approved method.

H. “Garbage” means all putrescible waste, kitchen, animal or vegetable waste, and residue produced or accumulated from the preparation, processing, handling, or consumption of foodstuffs, and includes other material mixed with these wastes.

I. “Hazardous Waste” means the same as described in Section 25117 of the California Health and Safety Code which at this time provides:

1. “Hazardous Waste” means either of the following:

a. A waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may either:

1. Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.

2. Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

b. A waste which meets any of the criteria for the identification of a hazardous waste adopted pursuant to Section 25141 of the Health and Safety Code.

2. “Hazardous Waste” includes, but is not limited to, RCRA hazardous waste.

3. Unless expressly provided otherwise, the term “hazardous waste” shall be understood to also include extremely hazardous waste and acutely hazardous waste as defined in Section 25115 and 25110.02 of the Health and Safety Code.

J. “Incompatible wastes” are wastes that, when mixed, are reactive, produce substances which are more hazardous, persistent, or more mobile than the original wastes, or produce substances which reduce the integrity of containment structures.

K. “Local Enforcement Agency (LEA)” means the Division of Environmental Health, which has been designated pursuant to Article 1, Chapter 2, Part 4 (commencing with Section 43200) of the Public Resources Code as responsible for the enforcement of the State mandated standards for solid waste disposal in Tuolumne County.

L. “Manure” means the accumulated moist animal excrement that does not undergo decomposition or drying as would occur on open grazing land or natural habitat. This definition shall include feces and urine which may be mixed with bedding material, spilled feed or soil.

M. “Premises” means a parcel of real property located in the unincorporated area of the county upon which is situated any dwelling, house, or other place of human habitation, including each unit of a multiple dwelling or of a mobile home park; or which is vacant land, or upon which is conducted any business, occupation, or activity which results in the production of accumulation of refuse or recyclables.

N. “Public Facility” means, but is not limited to, buildings, structures, marinas, and outdoor recreation areas owned by a local agency.

O. “RCRA” mean Resource Conservation and Recovery Act.

P. “Radioactive material” means any material or combination of materials that spontaneously emits ionizing radiation.

Q. “Radioactive waste” means any radioactive material that is discharged as nonusable.

R. “Recycling container” means a container which is provided by or acceptable to the county

authorized solid waste collector for the sole purpose of containing recyclables that are source separated from the non-recyclable portion of refuse.

S. “Recyclables” means those materials that would otherwise be garbage or rubbish but have market value and can be segregated from other waste materials and recycled. For purposes of this Chapter, useable building materials remaining from a construction project are considered recyclables.
Recyclables stored in an enclosed building are not subject to this Chapter unless a public nuisance is created.

T. “Refuse” includes both garbage and rubbish that has been contaminated with garbage as defined in this chapter.

U. “Rubbish” means non-putrescible, non- recyclable wastes, including but not limited to ashes, bedding, tires, paper, cardboard, rugs, plastic, and construction debris, but not including car bodies.

V. “Standard container” means a metallic or plastic can, bin, or container, with close fitting covers. Plastic bags having sufficient strength and water tightness and which are designed for the containment of refuse are also considered to be standard containers.

W. “Yard wastes” means grass clippings, tree or shrub trimmings, and other waste plant material accumulated as a result of gardening.

X. “Residential rental property” means a structure used as a residence and/or living space which is rented and/or let and/or hired and occupied, including, but not limited to, mobile homes, apartments, houses and all other similar structures.

Y. “Hired” means the existence of an agreement, written or unwritten, formal or informal, by which one gives to another the temporary possession and use of property, for some type of reward and/or compensation, whether monetary or not. (Ord. 3173 § 5, 2011; Ord. 3134 § 2, 2010; Ord. 3003 § 4, 2008; Ord. 2223 § 3 (part), 1998).

tenant for removal and storage.

A. The owner or tenant of any premises, business establishment or industry, vacant or occupied, shall comply with the obligations of this Chapter for the satisfactory storage and removal of all garbage, refuse, rubbish and recyclables accumulated on his premises.

B. The owner of any residential rental property shall contract with a permitted solid waste hauler, as defined in Section 7.30.010 of this code, for the provision of solid waste removal and disposal services for such dwelling, or subscribe to a permitted solid waste hauler for the provision of solid waste services. All such owners shall maintain such a contract or subscription on an ongoing, continuous basis. (Ord. 3003 § 5, 2008; Ord. 2223 § 3 (part), 1998).

A. To prevent the propagation, harborage, or attraction of flies, rodents, or other vectors, and the creation of nuisances, the following are required:

1. Refuse: Excepting disruptions in normal refuse collection schedules, refuse shall not be allowed to remain on the premises for more than seven days unless it is satisfactorily composted, used for animal food, used as a soil amendment, or some other beneficial use, provided such uses do not create a nuisance. Excepted disruption in normal service schedules shall be limited to where:

a. Disruptions due to strikes occur; or

b. Severe weather conditions or acts of God make collection impossible using normal collection equipment; or

c. Official holidays interrupt a normal seven- day collection cycle in which case collection may be postponed until the next working day.

2. Recyclables:

a. Recyclables storage shall be limited to an area no larger than 200 square feet except as follows:

1. RE-2, RE-3

500 square feet

2. RE-5

800 square feet

3. RE-10

1,600 square feet

4. A-10

1,600 square feet

5. A-20

3,200 square feet

6. AE-37, TPZ

6,400 square feet

b. In “R”, “RE”, and “MU” zoning districts
recyclables shall be stored so as not to be visible from any public street, road or highway.

c. The following shall be exempt from the area and visibility limitations established herein unless it creates a public nuisance:

1. Outdoor sales and storage of merchandise, and outdoor storage of equipment and materials on premises zoned BP (business park), M-1 (light industrial), M-2 (heavy industrial) and C-2 (Heavy Commercial) or on premises in any zoning district where a Conditional Use Permit or Development Agreement has been approved for such uses.

2. Agricultural operations in AE-37, A-10 and A-20 zoning districts, or timber production, timber harvesting and related activities in TPZ, where such materials are necessary for, or are used in the maintenance of the operation or activity.

3. Storage of recyclables if such storage was in existence at the time of adoption of the Tuolumne County General Plan on August 26, 1980, provided such storage shall not be expanded or enlarged

beyond the area in existence on August 26, 1980.
Should such storage cease for a period of 18 months, this exemption no longer applies.

4. Storage of wood products, raw materials and equipment related to a sawmill or other wood processing facility in any zoning district where such use is permitted or conditionally permitted and where all required County entitlements have been approved for such use.

3. Building Materials: Unlimited storage of useable building materials shall be allowed on premises during a period of active construction, reconstruction, demolition, or repair of buildings or structures thereon; and thereafter as recyclables in accordance with paragraph 2.

4. Yard waste: Storage of yard wastes shall be allowed for purposes of composting, or other beneficial uses unless such use creates a nuisance or fire hazard. Fire hazards shall be determined by the County Fire authority and if so determined shall be abated pursuant to their authority.

5. Rubbish: Rubbish shall not be allowed to remain on the premise for more than 30 days providing such rubbish storage does not create a nuisance.

6. Manure: Manure shall not be accumulated so as to create excessive vectors or other adverse public health/well-being conditions.

B. Where it is deemed necessary and directed by the LEA, because of the propagation of vectors and for the protection of public health, more frequent removal of refuse or rubbish than required in 8.05.035(A) shall be required.

C. If the LEA determines that refuse, rubbish or recyclables removal or storage is in violation of this Chapter, the LEA shall require abatement of the violation using the following compliance schedule:

1. Garbage - 7 days

2. Refuse - 7 days

3. Rubbish - 30 days

4. Recyclables - 30 days

If the above compliance schedule is not complied with, the LEA shall require removal within 24 hours of the follow-up investigation unless state or federal regulations require sooner removal or a time extension is granted by the LEA. These time limits may be extended by the LEA when:

1. a serious health hazard would not result by a time extension; or

2. the volume or type of refuse or recyclables is such that the time limit is considered to be too restrictive; or

3. Other circumstances merit extension.
   (Ord. 2432 §§ 1-3, 2002; Ord. 2223 § 3 (part), 1998).

shall be prohibited. This prohibition does not include the on-site burning of residential rubbish, originating from a single or two family dwelling, which is limited to untreated wood, paper, cardboard, tree trimmings, leaves, lawn clippings and plants, provided the burning complies with applicable fire and air pollution requirements. (Ord. 2223 § 3 (part), 1998).

use.
A. Property owners and/or tenants shall deposit all refuse, into standard containers which are nonabsorbent, watertight, vector-resistant, durable, easily cleanable, designed for the safe handling for the containment of refuse, and that are of an adequate size and in sufficient numbers to contain all refuse without overflowing. Standard containers shall be kept continuously closed except when refuse is being placed therein or removed therefrom and shall be kept in good, useful, and sanitary condition.

B. For County authorized solid waste collection service, standard containers shall not exceed 32 gallons (sixty pounds maximum) when filled, except where mechanical loading is used or if containers are approved by the County authorized solid waste collectors.

C. The LEA shall be the sole judge of the condition of the containers as to their fitness for use.

D. It shall be unlawful to deposit explosive, highly flammable materials, hazardous wastes, or other incompatible wastes which could cause fires in any container used for refuse.

E. When served by a County Authorized Solid Waste Collector, it shall be unlawful to deposit in any container used for refuse any tire without having first made special arrangements for the disposal thereof with the County Authorized Solid Waste Collector.

F. It shall be unlawful to deposit refuse in a container, other than for the use of the premises for which it is provided, without the permission of the owner or person in control of the premises.

G. Any person conducting out-of-doors business operations that would by their nature produce or generate any refuse, shall provide adequate on-the-spot waste storage containers and shall transfer such refuse from said containers to standard containers no less often than daily. (Ord. 2223 § 3 (part), 1998).

Refuse compactors shall be located upon an impervious surface such as finished concrete or asphalt and shall be operated in such a manner as

to not create a nuisance. (Ord. 2223 § 3 (part), 1998).

development projects.

A. Any new, remodeled, or expanded development project as defined in Section 8.05.025(F), shall provide facilities for proper storage and removal of refuse and recyclables.

1.a. Prior to the issuance of a building permit for new, remodeling or expansion of development projects as described in Section 8.05.025(F)(1)(3), the property owner shall submit a design for the refuse and recyclable storage facilities and demonstrate to the Tuolumne County Division of Building and Safety that s/he has complied with the Guidelines for Refuse and Recyclables Storage referenced in subdivision B of this section.

1.b. The Division of Building and Safety shall approve the design of the refuse storage facilities prior to issuance of a building permit.

1.c. Prior to or in conjunction with the final inspection of the development project, the Division of Building and Safety shall verify that the development project has been provided with refuse storage facilities in compliance with the approved plans.

2. For public development projects described in Section 8.05.025(F)(2), the local agency shall provide adequate facilities for proper storage of refuse and recyclables that adheres to the guidelines adopted pursuant to subdivision B of this section.

B. Guidelines for Refuse and Recyclables Storage for development projects will be developed and maintained by the LEA and approved by resolution of the Board. (Ord. 3173 § 6, 2011; Ord. 2314 § 27, 1999; Ord. 2223 § 3 (part), 1998).

standards.

A. All equipment, including collection vehicles, standard containers and compactors used for the collection or transportation of refuse by any person or County authorized solid waste collector, shall be durable, easily cleanable, designed for safe handling, and constructed to prevent loss of waste from the equipment during collection or transportation. If such equipment is used to collect or transport garbage, other wet or liquid-producing waste, or waste composed of fine particles, such equipment shall in all cases be nonabsorbent and leak-resistant. All equipment shall be maintained in good condition and cleaned in a frequency and in a manner soas to prevent the propagation or attraction of flies, rodents or other vectors, generation of odors, and the creation of nuisances.

B. All equipment to be used by a County authorized solid waste collector to transport refuse shall be inspected and approved by the LEA prior to issuance of a franchise or permit under Title 7 of this Code, and annually thereafter, to verify compliance with this Chapter.

C. All vehicles used for the collection and transportation of solid waste shall be clearly marked with the name of the agency or firm operating the vehicle.

D. All containers used for the collection and transportation of refuse shall be identified with the name and telephone number of the County authorized solid waste collector, in legible letters and numerals, not less than two inches in height.

E. All County authorized solid waste collectors shall designate an off-street location where all refuse collection vehicles will be parked when not in service, and uncleaned refused collection vehicles shall not be stored or parked overnight on public streets or roads, except under emergency conditions.

F. Vehicles and standard containers provided by a County authorized solid waste collector for waste storage, collection transport shall be maintained and regularly cleaned by the collector, unless the standard containers were furnished under other terms, conditions, or agreements in which event the person so obligated shall provide the required maintenance to prevent odors, vectors harborage, leakage and nuisance.

G. Each owner of said equipment shall pay any necessary fee to cover the annual monitoring, cost of inspection, and enforcement established in the Tuolumne County Code, Chapter 3.40. (Ord. 2223 § 3 (part), 1998).

this Chapter shall not be construed to permit any use prohibited by any zoning regulations. (Ord. 2223 § 3 (part), 1998).

is authorized and directed to require the owner or occupant of any premises within the county to remove and to properly dispose of refuse or rubbish located on such premises which is in violation of this Chapter. The LEA is empowered
and directed to utilize and employ all of the enforcement provisions of this chapter to assure compliance with this Chapter. (Ord. 2223 § 3 (part), 1998).

exception of Section 8.05.040 Refuse Burning Prohibited, and Section 8.05.055 Refuse and Recyclables Storage - Development Projects, the

administration and enforcement of this chapter shall be the responsibility of the LEA. The LEA shall enforce the provisions of Section 8.05.040 as authorized by the Memorandum of Understanding (MOU) with the Tuolumne County Air Pollution Control District (TCAPCD). The LEA shall also ensure that disposal sites are maintained and operated in a sanitary manner and carry out the responsibilities of the LEA pertaining to solid waste, the enforcement of litter laws, and inspection of commercial solid waste hauling vehicles. The Tuolumne County Division of Building and Safety shall enforce the provisions of Section 8.05.055 pertaining to refuse and recyclables storage for development projects. With the exception of Sections 8.05.040, 8.05.045(C), 8.05.050 and 8.05.060, the Tuolumne County Solid Waste Manager shall also enforce the provisions of this chapter. (Ord. 3393 § 4, 2021; Ord. 3173 § 7, 2011; Ord. 3003 § 6, 2008; Ord. 2223 § 3 (part), 1998; Ord. 2296 § 3, 1999).