Wildomar Municipal Code Ch. 8.20 Refuse Disposal Facilities

The words used in this chapter shall have the definitions provided in Public Resources Code 40100 et seq.

(Ord. 18 § 2, 2008, RCC § 8.24.010)

Subject to control of the City Council, the General Manager-Chief Engineer of the Waste Management Department may designate and operate or control by contract City-owned or leased or contracted sites to be used for the public transfer, processing or disposal of solid waste.

(Ord. 18 § 2, 2008, RCC § 8.24.020)

Unless so authorized in writing by the General Manager-Chief Engineer of the Waste Management Department or designated representative, under general policies adopted by the City Council, no person shall place, deposit, or dump, or cause to be placed, deposited, or dumped, in or upon any City-owned, leased, or contracted transfer station or disposal site, any solid waste originating outside of the City of Wildomar; provided, however, the General Manager-Chief Engineer of the Waste Management Department has discretion to accept incidental amounts of refuse from outside the City and near City borders for disposal at City landfills.

(Ord. 18 § 2, 2008, RCC § 8.24.030)

All City-owned, leased, or contracted transfer stations and disposal sites shall be under the supervision of the General Manager-Chief Engineer of the Waste Management Department who shall have the power and the duty to prescribe reasonable regulations regulating the use by the public and the operation of such sites. Such rules shall include, but need not be limited to, the following subjects:

A. Days and hours of use;

B. Charges for use of sites at times other than regular hours, which shall be sufficient to reimburse the City for equipment, personnel and overhead costs;

C. Maximum size of articles and objects being dumped;

D. Allocation of various types of waste to specific sites and the placement of waste within any site;

E. Prohibition or conditional acceptance of harmful or dangerous materials, if allowed under the state operating permit, including a reasonable charge for their acceptance;

F. Prohibition of unauthorized persons from access to areas within a site, including the unauthorized conducting of salvage operations.

Except for short-term emergency situations, any regulation fixing days or hours of operation shall be submitted to the City Council for approval before taking effect. All regulations prescribed by the General Manager-Chief Engineer of the Waste Management Department shall be filed in his or her office and shall be available for public inspection.

(Ord. 18 § 2, 2008, RCC § 8.24.040)

All operators of landfills and transfer stations in the City, including the City itself, shall implement and maintain a hazardous waste loadchecking program at each of their solid waste facilities as required by California law (pursuant to Titles 14 and 27, California Code of Regulations); and which program shall also meet the following minimum requirements:

A. Each solid waste facility operator shall perform random loadchecks across load types of residential, commercial, and industrial to detect hazardous waste before such incoming waste is transferred to, and/or disposed at, the landfill. Such program shall have the objectives of: (1) preventing hazardous waste from being placed in a landfill not permitted to receive such waste, and (2) educating and discouraging customers from bringing in such material. The minimum number of loadchecks performed at each solid waste facility shall comply with the following schedule:

Landfill and Transfer Station Facility Random Loadcheck Schedule Per Average Daily Tonnage

Notes:

B. An inspection form (which shall be certified for completeness and accuracy by the loadcheck inspector on duty) shall be filled out in its entirety at the time of each loadcheck performed at the solid waste facility. The inspection form shall include the following information:

1. Date and time of inspection;

2. Loadcheck inspector name (certification);

3. Load type (residential, commercial, industrial);

4. Hauler/company name/customer name;

5. Driver name;

6. Vehicle make/model;

7. License plate number;

8. Load origin (jurisdiction, and customer/store where picked up);

9. Hazardous waste found (type/name, class, container size/quantity, volume/weight, unit of gallons or pounds) if any;

10. Disposition of material (picked up by responsible party, returned with carrier at time of inspection, load was free of hazardous waste, solid waste facility assumed responsibility of the material, etc.).

C. The General Manager-Chief Engineer of the Waste Management Department or designated representative and/or a representative of the enforcement agency shall have the right to enter the solid waste facilities at any time and observe the operator performing loadchecks. The General Manager-Chief Engineer of the Waste Management Department or designated representative and/or a representative of the enforcement agency may perform loadchecks in order to audit the solid waste facility loadchecking program and/or assist the operator in making its loadchecking program successful.

(Ord. 18 § 2, 2008, RCC § 8.24.050)

Subject to the approval of the City Council, salvage operations of reusable waste materials at City-owned, leased, or contracted transfer stations and disposal sites may be conducted only by such persons as are authorized to do so and upon such terms and conditions as are imposed by the General Manager-Chief Engineer of the Waste Management Department.

(Ord. 18 § 2, 2008, RCC § 8.24.060)

A. Tipping Fees at Scaled Urban Sites. Pursuant to the authority of Government Code Section 25823, fees for the disposal of solid waste and disposal of liquid waste at enumerated landfills shall be as established by the City Council following a duly noticed public hearing. The fees so established shall be in an amount sufficient to cover all costs including but not limited to the following: closure/postclosure (including past unfunded costs), remediation, environmental mitigation, state mandated and other pass-through fees, and general operations. The City Council may establish different rates through contractual agreements when the terms of said agreements help stabilize revenues and system rates over a long-term period.

B. Fees for Disposal at Rural Sites. Pursuant to the authority of Government Code Section 25823, fees for the disposal of solid waste at landfills and transfer stations, formerly in a land use assessment area, shall be as established by the City Council following a duly noticed public hearing. The fees so established shall be calculated to substantially cover a fair share of the estimated costs for these facilities. Cards permitting entrance into these landfills and transfer stations shall be offered for sale to residents and businesses (only in the local areas surrounding these sites as shown on maps in Exhibit 1, found on file in the office of the City Clerk) at rates set by the City Council. No access to these facilities will be allowed without a card, except in cases where permitted waste haulers or other large commercial users have negotiated separate contracts with the City. Waste from outside these areas shall not be accepted at the rural sites; provided, however, waste from areas outside of, but near the borders of these service areas may be accepted under the same terms and conditions herein set forth, if it is determined by the General Manager-Chief Engineer of the Waste Management Department that this is the most practical way to provide disposal service to these customers.

(Ord. 18 § 2, 2008, RCC § 8.24.070)

No person shall violate any regulation prescribed by the General Manager-Chief Engineer of the Waste Management Department regulating the use of a City disposal site or transfer station, or fail to obey any sign giving notice of any regulation, maintained at any such site or facility by the General Manager-Chief Engineer of the Waste Management Department. Violation of any such regulation shall be a violation of this chapter.

(Ord. 18 § 2, 2008, RCC § 8.24.080)

A. The General Manager-Chief Engineer of the Waste Management Department reserves the right to deny entrance to an individual for an appropriate time span when said individual is deemed to pose a safety risk and/or is disruptive to the normal workflow of the City disposal site or transfer station operations. A letter of notification specifying the dates of restriction and the locations will be mailed to the individual and on hand at the gate fee booth.

B. It is unlawful for any person to violate any provision of this chapter. Any person violating any provision of this chapter may be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such persons shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed or continued. Any person so convicted shall be: (1) guilty of an infraction offense and punished by a fine not exceeding $100.00 for a first violation; (2) guilty of an infraction offense and punished by a fine not exceeding $200.00 for a second violation. The third and any additional violations shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding $500.00.

C. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve a person from the responsibility for correcting the violation.

(Ord. 18 § 2, 2008, RCC § 8.24.090)