Chapter 32
SOLID WASTE MANAGEMENT
Sections:
32-2. Precollection and storage practices.
32-3. Waste removal time periods.
32-4. Waste ownership and responsibility.
32-6. Transfer station services.
32-1 General.
(a) Purpose. As part of the state of California program for solid waste management and resource recovery and for the preservation of health, safety, and well being of the public, the board of supervisors of the county of Colusa declares that it is in the public interest that the county make provision for solid waste handling services.
(b) Determination of factors relating waste disposal fee to land classification. The board of supervisors determines that in Colusa County solid waste materials are primarily created by people who are residents of the county and not by any particular business, industries, commercial enterprises, agricultural pursuits or land uses. It is found by the board of supervisors that there is a direct relationship between the volume of solid wastes generated within the county and the number of families permanently residing in the county. It is further found that the cost and expense of acquiring, opening and maintaining solid waste disposal sites in Colusa County, in a manner compatible with good public health and environmental practices, should be borne directly by those who create the waste disposal problem. Therefore, for the purpose of solid waste disposal, all lands within the unincorporated area of the county are classified according to those parcels upon which dwelling units are situated and those parcels upon which dwelling units are not situated, without regard to other land use, zoning, assessed valuation or other criteria.
(c) Administration and enforcement. The public works department and the environmental health division are the responsible agencies for administering and enforcing respectively the provisions of this chapter. The environmental health division shall be the principal enforcement agency of health provisions by direction of the state solid waste management board. Administrative aspects of any solid waste service agreement shall be performed by the public works department.
(d) Definitions. For the purpose of this chapter, the following terms, words and phrases, and their derivative shall have the meanings respectively ascribed to them by this section:
(1) “Board” means the Colusa County Board of Supervisors.
(2) “Chemical wastes” means the chemical byproduct of any action, industry, application or operation, whether performed by an individual or corporate body, which may be hazardous to public health or the environment.
(3) “Collection” means the operation of gathering together and transporting to the point of disposal any garbage or refuse.
(4) “Commercial solid waste” means all types of solid waste generated by stores, institutions, offices, trailer parks, hotels, apartment buildings, restaurants, multiple residential units per parcel, and other commercial sources excluding single-family residences.
(5) “Construction and demolition wastes” means waste building materials, packaging and rubble resulting from construction or demolition of buildings and/or other structures.
(6) “Container” means durable, corrosion-resistant, nonabsorbent, leak-proof, watertight, odor-proof, rodent-resistant box, barrel, canister or other approved device with a fly-tight cover.
(7) “Contractor” means that person granted a contract, franchise, or permit by the County Board of Supervisors to collect, remove or dispose of garbage, rubbish or refuse.
(8) “Transfer station” means an established station containing receptacles for household refuse and litter in rural county locations having a valid permit to operate.
(9) “County” means the county of Colusa and its departments or officers.
(10) “Department of public works” means the director of the Colusa County department of public works or his duly authorized deputy.
(11) “Disposal” means the complete operation of treating and/or disposing of the accumulation of collected refuse and the product or residue arising from such treatment.
(12) “Disposal site” means the Evans Road, or Stonyford Landfill or other site approved by the environmental health division and having a valid permit to operate.
(13) Dwelling unit defined.
(A) For the purposes of this chapter, a “dwelling unit” is defined as a building, structure or enclosure or portion thereof, whether or not affixed to the land by a permanent-type foundation or footing, consisting of one or more habitable rooms which are occupied, or which are intended or designated to be occupied by one or more persons as a family for living, sleeping, cooking and eating. A “mobile home,” as defined in Section 18001 of the Health and Safety Code, is a “dwelling unit” for the purposes of this chapter. A “recreational vehicle,” a “commercial coach,” and a “travel trailer,” as defined in Sections 18011 and 18012 of the Health and Safety Code, are not deemed to be “dwelling units” for the purposes of this chapter. A hotel, motel, roominghouse, lodginghouse or boardinghouse having only one kitchen or cooking facility shall be deemed to be a single dwelling unit.
(B) Two or more dwelling units may be located in a single building or structure commonly designated as a flat, duplex, triplex, multiplex, apartment house, or apartment building. Two or more dwelling units may be located on a single parcel of land.
(14) “Environmental health division” means the environmental health staff of the Colusa County community development department acting as duly authorized representatives of the county health officer.
(15) “Garbage” includes, but is not limited to the following: All putrescible animal and vegetable waste resulting from decay or storage of meat, fish, fowl, fruit, or vegetables. It also includes all cans, bottles, containers, covering, or any material that has been in intimate contact with garbage.
(16) “Hazardous waste” means hazardous or extremely hazardous waste as defined by Section 25115 and 25117 of the California Health and Safety Code or otherwise a waste or combination of wastes which because of its quantity, concentration, or physical, chemical, or infectious characteristics may:
(A) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or
(B) Pose a substantial present or potential hazard to employees, property, neighbors, general public, or to the environment when improperly treated, stored, transported, or disposed of or otherwise managed.
(17) “Household waste” consists of garbage generated in residences with the exception of large objects such as refrigerators, washing machines, dryers, couches, chairs and tables.
(18) “Industrial wastes” means all solid, semi-solid, or liquid wastes which result from industrial processes or manufacturing operations.
(19) “Infectious wastes” means:
(A) Laboratory wastes, including cultures of etiologic agents, which pose a substantial threat to health due to their volume and virulence;
(B) Pathologic specimens, including human or animal tissues, blood elements, excreta, and secretions which contain etiologic agents, and attendant disposable fomities;
(C) Surgical specimens, including human and animal parts and tissues removed surgically or at autopsy which contain etiologic agents, and attendant disposal fomites;
(D) Equipment, instruments, utensils, and other disposable materials which are likely to transmit etiologic agents from the rooms of humans, or the enclosures of animals, which have been isolated because of suspected or diagnosed communicable disease;
(E) Human dialysis waste materials, including arterial lines and dialyzate membranes;
(F) Carcasses of animals infected with etiologic agents which may present a substantial hazard to public health if improperly managed;
(G) Any other material which, in the determination of the facility infection control staff, presents a significant danger of infection because it is contaminated with, or may be reasonably expected to be contaminated with, etiologic agents;
(H) As used in this section, “etiologic agent” means a type of microorganism, helminth, or virus which causes, or significantly contributes to the cause of, increased morbidity or mortality of human beings.
(20) “Liquid waste” means a waste material which is not spadable.
(21) “Litter” means trash, garbage, solid waste, refuse.
(22) “Littering” means the willful or negligent throwing, dropping, placing or depositing of litter on land or water in other than appropriate storage containers or areas designated for such purposes.
(23) “May” is permissive.
(24) “Nuisance” means any act or omission which:
(A) Annoys, injures, or endangers the safety, health, comfort or repose of any considerable number of persons;
(B) Offends public decency; or
(C) Unlawfully interferes with, befouls, obstructs, or tends to obstruct or render dangerous for passage or use a lake, navigable river, bay, stream, canal, ditch, or basin, or a public park, square, street, alley, bridge, causeway, or highway or other thoroughfare; or
(D) Has a natural tendency to cause injury or damage to business or property.
(25) “Person” includes any individual, firm, company, corporation, or public entity or other organization.
(26) “Permit to operate” means a permit issued by the state solid waste management board to a landfill or transfer station.
(27) “Putrescible waste” means wastes that are capable of being decomposed by microorganisms with sufficient rapidity as to cause odors, gases and similar objectional conditions. Food wastes, offal and dead animals are examples of putrescible solid wastes.
(28) “Residence” means a single-family home or dwelling.
(29) “Recycle” means any process which has as its goal the conversion of garbage, rubbish or salvageable waste into a useable product.
(30) “Refuse” includes garbage, industrial, construction, and other solid wastes.
(31) “Rubbish” includes, but is not limited to, the following: All nonputrescible waste such as paper, cardboard, grass clippings, tree trimmings, shrub trimmings, wood, bedding, crockery, rubber tires or construction waste.
(32) “Salvaging” means the controlled removal of waste material for utilization.
(33) “Scavenging” means the uncontrolled and/or unauthorized removal of solid waste materials.
(34) “Septic tank pumpings” means sludge and waste-water and other materials removed from septic tanks and includes other anaerobic wastes.
(35) “Shall” is mandatory.
(36) “Sludge” means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility or any other such waste having similar characteristics and effects.
(37) “Solid waste” means garbage, refuse, sludge, rubbish, junk vehicles, ashes or incinerator residue, street refuse, dead animals, demolition waste, construction waste, solid or semi-solid commercial and industrial waste and hazardous waste, including explosives and pathological waste.
(38) “Vector” means a living insect, other arthropod, or rodent, or used or leftover substance including, but not limited to, a lighted or nonlighted cigarette, cigar, match, or any flaming or flowing material, or any garbage, trash, refuse, paper, container, packaging or construction material, carcass of a dead animal, any nauseous or offensive matter of any kind, or any object likely to injure any person or create a traffic hazard.
(39) “Yard waste” consists of lawn clippings, weeds, brush, branches, stumps, dirt or rocks. (Ord. No. 452, § 1; Ord. No. 790, § 16.)
32-2 Precollection and storage practices.
(a) Solid waste management practices, general provisions.
(1) All solid wastes shall be stored, collected, utilized, treated, processed and disposed of in such a manner that a health hazard, public nuisance or impairment of the environment shall be kept within state and local standards. All solid wastes shall be disposed of at disposal site approved by the county.
(2) All solid wastes shall be handled in such a manner so as not to be conducive to any breeding, sheltering or harboring of insects and rodents or the support of any disease vector.
(3) All solid waste disposal systems shall be operated in such a manner so as not to substantially contribute to pollution or degradation of the atmosphere, watersheds, surrounding lands, or constitute a fire hazard.
(4) Liquid wastes and sludges shall only be disposed of at Evans Road or Stonyford Landfill sites.
(5) No system for solid waste handling, processing, storage, recovery, salvage or disposal shall be placed in operation until proper licenses and/or permits are obtained.
(6) All solid waste management systems or operations involved in collection, storage, hauling, processing, recovery, salvage or disposal shall be in accordance with the environmental health division and public works department specifications.
(7) No infectious, chemical or hazardous waste will be accepted at any disposal site in the county unless authorized by the regional water quality control board.
(8) It is unlawful in the county for any person, public or private, to place, deposit or dump, or cause to be placed, deposited or dumped, or allow to accumulate, any solid or liquid waste matter in or upon any public or private highway, street, alley, or road, waterway, lake, stream, or any lot or parcel of land, whether public or private, other than a disposal site approved by the county.
(b) Containers – Duty to provide and maintain.
(1) Every person generating refuse shall provide containers for the storage of solid waste. The container shall be:
(A) Of adequate size and design to contain the expected waste;
(B) In sufficient numbers to contain all refuse generated from a particular premises, property, or waste generating activity; and
(C) Covered, unless covers are waived by the environmental health division.
(2) Individual storage containers shall not exceed thirty-two-gallon capacity or weigh more than sixty pounds when filled, except where mechanical systems are approved by the county or the owner collects and hauls the containers.
(3) It is unlawful to deposit solid waste in a container that is owned and/or under the control of another person unless permission to deposit said waste has been obtained from the owner or controlling person.
(4) All operations and/or any person, public or private, selling, providing, giving, or through any means catering to any public or private person any goods or services shall provide adequate waste storage containers on-site and shall regularly empty such containers.
(5) All persons, both public and private, shall provide and maintain complying on-the-spot containers for containment and storage of refuse, excluding construction work, when conducting out-of-doors business operations that would by their nature produce refuse.
(6) Containers shall be stored or maintained so as to prevent upset and spillage. Containers shall not be stored below ground level.
(c) Unacceptable containers.
(1) The person providing containers for waste storage shall insure the container meets the requirements in these regulations. Containers provided for individual or noncommercial domestic waste storage that do not meet the requirements of section 32-2b shall be replaced with containers conforming with said requirements.
(2) The environmental health division may inspect or cause to be inspected at regular intervals refuse containers and shall be the sole judge of the condition of such containers and their conformance with section 32-2b.
(d) Solid waste storage.
(1) No solid waste storage shall:
(A) Cause health hazards;
(B) Attract or propagate vectors, vermin or pests;
(C) Create unpleasant odors;
(D) Create a nuisance.
(2) The person who is an owner, operator and/or occupant of any premises, business establishment, industry, or other public or private property, vacant or occupied, shall be responsible for the safe and sanitary storage of all solid waste accumulated on the premise or property, until it is legally removed.
(3) Bulky wastes or other nonputrescible wastes unsuitable for storage containers which are to be hauled by a private garbage collector shall be stored in a nuisance-free manner and shall be boxed, bundled, tied, or contained in such a manner that the waste is protected from scattering and is collectable and is not conducive to harboring or breeding of vectors and when boxed, bundled, tied, or contained shall be no longer than forty-eight inches, not over twenty-four inches in diameter, nor to exceed sixty pounds.
(e) Composting. Composting on a noncommercial, individual homeowner basis shall be accomplished in a nuisance-free, vector-free manner. Household garbage shall be handled in such a manner that breeding and harborage areas are eliminated. This operation shall include only those garbage wastes generated from the person’s own domestic residence. All other garbage wastes are prohibited.
(f) Tires. The disposal of tires at areas not recognized by the county as a disposal site is prohibited. Use in erosion control projects shall be exempted.
(g) Animal waste – Manure. Storage or disposal of manure shall not create a nuisance.
(h) Commercial compaction. Compactors located in any area accessible to the public shall be equipped in such a manner that only personnel authorized by the owners of said equipment are able to operate the compactor. Compactors shall be located upon an impervious surface such as finished concrete or asphalt.
(i) Construction or demolition.
(1) The contractor shall properly store all wastes and litter, and remove it periodically from the construction site to an approved disposal site.
(2) Any washwater and concrete residues shall be contained upon the construction site and/or upon the concrete mix plant site for later disposal. In no case will disposal be allowed to flow to streams. Residues shall be removed in a timely fashion.
(3) Demolition wastes shall be watered, wet down or controlled in such a manner that there shall be no spillage or escape of any waste material during loading, transporting or unloading operations.
(j) Placing for collection. Refuse containers shall be placed for collection at ground level on the property, or within the public right-of-way of a road so as not to interfere with traffic, maintenance, access, parking or drainage. (Ord. No. 452, § 2; Ord. No. 790, § 17.)
32-3 Waste removal time periods.
(a) Garbage and other similar putrescible wastes shall be removed for disposal from any premises or property not less than once every seven days. Where it is deemed necessary, the environmental health division may require a removal time of less than seven days when conditions exist that would result in:
(1) The propagation of vectors;
(2) The harborage of vectors and/or vermin;
(3) The creation of a nuisance; and
(4) A clear and present danger to public health.
(b) When garbage is stored with other waste matter, the removal time shall be not less than once every seven days unless the other waste requires a more frequent removal time. After notification by the environmental health division, the following wastes shall be removed within:
|
Waste Types |
Time Limits |
|---|---|
|
Garbage – putrescible |
24 hours |
|
Rubbish |
24 hours |
|
Dead animals – residential rural |
6 hours |
|
Animal wastes (household pets) |
24 hours |
|
Farm animal wastes |
24 hours |
|
Industrial, institutional and commercial, and bulky wastes |
48 hours |
|
Infectious pathologic, pathogenic, and hazardous wastes |
12 hours |
|
Waste materials disposed in unauthorized area |
24 hours |
|
All other solid waste |
24 hours |
(c) These time limits may be extended by the environmental health division when:
(1) Serious health hazard would not result by a time extension;
(2) The volume of waste is such that the time is considered to be excessive; and
(3) Other circumstances merit the extension. (Ord. No. 452, § 3: Ord. No. 448, § 1; Ord. No. 790, §§ 18, 19.)
32-4 Waste ownership and responsibility.
(a) The person generating or producing any solid waste shall be responsible for the proper storage, removal, transport and disposal of his solid waste.
(b) The person generating or producing any solid waste shall insure his solid wastes are collected and transported by a contractor unless, where allowed, said wastes are legally removed and transported on a self-haul basis.
(c) In those instances where a person rents or leases to another, the underlying property owner or his agent shall be ultimately responsible for solid waste generated and/or stored on those premises should said waste remain on the premises beyond the tenant term.
(d) Except as provided hereinabove, all wastes are the property of the person generating them until:
(1) The wastes are legally deposited in a disposal site approved by the county; or
(2) The wastes are legally deposited at a county approved waste recovery, recycling or other waste processing facility such as a transfer station; or
(3) The wastes are picked up by a contractor or recycler.
(e) Wastes legally placed for processing, recovery, or disposal become the property and responsibility of the contractor or other appropriate operator upon receipt of the waste.
(f) No person shall remove wastes placed for collection other than the person generating the waste or a contractor. Properly licensed recycling organizations may be allowed to remove pre-sorted materials.
(g) If solid or liquid waste is found dumped or deposited in violation of this chapter, the person responsible under this chapter for said waste shall, in addition to any other penalty or remedy provided for in this chapter, be responsible for all fees and charges associated with its pickup and disposal. Letters, correspondence, receipts or other items traceable to a person found in said waste shall constitute prima facie evidence of ownership or responsibility for said waste. (Ord. No. 452, § 4: Ord. No. 448, § 2.)
32-5 Waste collection.
Any vehicle used by any person for the transportation of refuse upon the public streets, roads and highways of the county shall have its contents thoroughly and securely covered by canvas or other suitable covering in order to keep the contents of such vehicle securely contained therein and to prevent such contents from spilling upon the public streets, roads and highways. Nothing in this section shall require a permit to operate or vehicle inspection for a person transporting from his residence, refuse produced thereon, to a proper place of disposal so long as no nuisance is created thereby. (Ord. No. 452, § 5: Ord. No. 448, § 3.)
32-6 Transfer station services.
(a) General. County may, at its discretion, provide small volume transfer station facilities at rural locations within the county. The purpose of these stations is to provide public bulk containers for deposit of household waste and litter in the more remote rural areas to avoid litter along public and private roads and lands and are not to be used for construction or demolition waste. The stations are not to be used for deposit of commercial solid waste except by special fee as provided in section 32-8(b).
(b) Use. Transfer stations provided by county may be used within the following constraints:
(1) Containers shall be used for disposal of normal household waste;
(2) No automobiles or portions thereof, large appliances, mattresses, bedsprings, large furniture, refrigerators, washing machines, commercial, agricultural, construction, or industrial wastes, nor any item prohibited in this chapter from disposal at a disposal site will be allowed to be deposited at the transfer stations;
(3) Allowable refuse shall be neatly placed in the containers provided at the transfer stations;
(4) Scavenging or salvaging by the public is not allowed; and
(5) The station shall have a valid permit to operate issued by the state solid waste management board. (Ord. No. 452, § 6.)
32-7 Waste disposal.
(a) General. Solid wastes shall be disposed of at a disposal site, meeting the standards and requirements of Title 14, Chapter 3, Division 7 of the California Administrative Code.
(b) Responsibility. The responsibility for compliance with disposal site standards shall rest with both site owner and site operator. Where a site operator is a specifically designated operator by contract or written agreement, said operator shall have prime responsibility for compliance; however, this does not relieve county, as owner, of duty to take all reasonable steps to assure compliance with standards and any assigned conditions.
(c) Hazardous wastes. No person shall dump, deposit or otherwise dispose of any hazardous waste at disposal site, transfer stations or any container to be collected and ultimately deposited at a disposal site.
(d) Bringing garbage into county unlawfully without permission. No person shall transport or cause solid waste, liquid waste, construction waste, or agriculture waste to be brought into the county or deposit same at a county disposal site or transfer station unless granted specific permission by the board.
(e) Salvaging. Salvaging of materials such as metal, paper, glass and wood will be permitted under controlled conditions and as approved by the department of public works. Materials to be salvaged shall be deposited at controlled areas such as a recycle center or other locations. Salvaging shall not interfere with other aspects of site operation. Public salvaging in the active landfill refuse dumping area involving contact with garbage or interfering with operations is prohibited.
(f) Scavenging. Scavenging shall be prohibited at any disposal sites including landfills and transfer stations. (Ord. No. 451, § 7.)
32-8 Solid waste financing.
(a) General. Solid waste services are mandatory in nature and shall be operated and financed in such a manner to be as cost-effective and equitable as possible. Various user charges and parcel charges may be levied as required to meet the costs of providing necessary services.
(b) User Charges.
(1) User charges at the Maxwell Transfer Station and the Evans Road and Stonyford Landfills shall be established by resolution on an annual basis after review of any fee changes by the board of supervisors. The review shall be conducted prior to a fee implementation date of July 1st each year.
(2) The fee schedules established under subsection (b)(1) of this section are not intended to limit in any manner authority of the board of supervisors to set the charges and fees by written agreement for waste deposited at a Colusa County landfill or transfer station which originates outside of Colusa County, or designated wastes from any sources. Occasional or casual deposit of wastes originating out-of-county and not the subject of a written agreement will be charged at one hundred fifty percent of established fees.
(3) User charges for additional services:
(A) Nonrefundable application fee to cover administrative costs of analysis review for new types of wastes or wastes from new sources: seventy-five dollars.
(B) Fifty dollars per one-half hour to keep the Maxwell Transfer Station open beyond adopted hours of operation.
(4) Notwithstanding the adopted fee schedule, the Maxwell Transfer Station will not charge Colusa Solid Waste and Recycling, Inc., a fee for the acceptance of wastes for disposal from the following public service receptacles:
|
Old Cruise’n Terry |
2 cu. yd. bin |
|
Portuguese Picnic (Princeton) |
43 cu. yd. bin |
|
Maxwell Rodeo |
43 cu. yd. bin |
|
Arbuckle Park |
2 cu. yd. bin |
|
Williams Kiwanis Club |
20 cu. yd. bin |
|
Grimes Community Center |
2 cu. yd. bin |
(c) Fund for acquisition and operation of waste disposal site. Any revenues derived from user charges or parcel charges shall be deposited in a separate enterprise fund to be used only for the acquisition, operation and maintenance of county waste disposal sites and transfer station, and for financing waste collection, processing, reclamation and disposal services. (Ord. No. 452, § 8; Ord. No. 495, § 1; Ord. No. 514, § 1; Ord. No. 515, § 1; Ord. No. 517, § 1; Ord. No. 518, § 1; Ord. No. 520, § 1; Ord. No. 527, § 1; Ord. No. 543, § 1; Ord. No. 564, § 4; Ord. No. 587, § 1; Ord. No. 596, § 1; Ord. No. 606, § 1; Ord. No. 620.)
32-9 Penalties, etc.
(a) Violation, nuisances. The storing, hauling, or disposal of solid wastes in violation of the terms of this chapter and standards established as provided for in this chapter is hereby determined to constitute a public nuisance and its maintenance and operation may be abated by any appropriate proceeding permitted by state or county law.
(b) Priority of laws. In any case where a provision of this chapter is found to be in conflict with a provision of any health ordinance or code enacted by any ordinance-making body within the limits of Colusa County, California, and existing on the effective date of this chapter, the provisions which establish the higher standard for the promotion and protection of the health of the people shall prevail. In any case where a provision of the ordinance codified in this chapter is found to be in conflict with a provision of any other ordinance or code existing within the limits of Colusa County, California on the effective date of this chapter which establishes a lower standard for the promotion and protection of the health of the people, the provisions of this chapter shall be deemed to prevail, and such other ordinance or codes are hereby declared to be repealed to the extent that they may be found in conflict with this chapter.
(c) Constitutionality. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid. (Ord. No. 452, § 9.)