Chapter 4.05
SOLID WASTE COLLECTION1
Sections:
4.05.010 Definitions.
4.05.020 Keeping of solid waste prohibited.
4.05.030 Depositing solid waste in sewers prohibited.
4.05.040 Allowing accumulation of solid waste on premises prohibited.
4.05.050 Placing solid waste on streets, sidewalks, etc., prohibited.
4.05.060 Burning of solid waste prohibited.
4.05.070 Unlawful collection.
4.05.080 Receptacles required.
4.05.090 Solid waste collection service required.
4.05.100 Failure to subscribe.
4.05.110 Collector entitled to payment.
4.05.120 Unauthorized collection prohibited.
4.05.130 Interference with collection prohibited.
4.05.140 Contracts for solid waste collection and disposal.
4.05.150 Rates for collection and disposal of solid waste.
4.05.160 Other collections.
4.05.170 Rate and receptacle disputes.
4.05.180 Collection regulations.
4.05.190 Exceptions.
4.05.200 Severability.
4.05.010 Definitions.
A. “Person” means any individual, firm, partnership, joint venture, association, corporation, syndicate, joint stock company, club, society, or commercial enterprise, and includes the plural as well as the singular.
B. “Solid waste” means putrescible and non-putrescible solid and semisolid material. The term “solid waste” includes, without limitation, garbage; refuse; trash; rubbish; kitchen or table food wastes; animal, fruit and vegetable refuse; offal; leaves and cuttings, trimmings from trees, shrubs and grass; inorganic refuse and rubbish; newspapers or magazines; ashes; paper or cardboard; tin or aluminum cans; yard clippings; wood; glass; bedding; crockery; plastics or rubber by-products; litter; animal excrement; vegetable or animal solid and semisolid waste; industrial wastes; demolition and construction wastes; discarded home and industrial appliances; and anything thrown away as worthless. “Solid waste” does not include hazardous waste as defined in Government Code Section 66714.8.
C. “Premises” means any real property interest or estate, which may be demised or granted by deed. The word “premises” includes, without limitation, tracts; lots or parcels of land; easements; single-family residences; townhomes; condominiums; multiple-family dwellings; apartments; flats; duplexes; boarding or lodging homes; restaurants; hotels or motels; commercial establishments; or any parcel of land upon which a building or business is located.
D. “Receptacle” means a watertight garbage can or container the type of which has been approved by the collector. Each “receptacle” should have suitable bails or handles and a tight fitting cover and should have a capacity of not less than 10 gallons and not greater than 32 gallons.
E. “District” means the West Contra Costa Sanitary District, Contra Costa County, California.
F. “Bin” means a watertight garbage bin or container the type of which has been approved by the collector.
G. “Collector” means the person having a contract or franchise agreement with the district for the collection and disposal of solid waste.
H. “Owner” means the person who is listed as having title to any premises by the latest property tax assessment roles maintained by the Contra Costa County Assessor.
I. “District manager” means the general manager of the district or said general manager's designee.
J. “County” means Contra Costa County, California. [Ord. 3-4-86 § 1]
4.05.020 Keeping of solid waste prohibited.
It shall be unlawful for any person to place, deposit, keep, bury or allow the accumulation of any solid waste on, in, or under any premises, except as hereinafter provided. [Ord. 3-4-86 § 2]
4.05.030 Depositing solid waste in sewers prohibited.
It shall be unlawful for any person to deposit any solid waste in any district sewer or plumbing fixture or pipe connected thereto, except through a mechanical device which shreds or grinds solid waste material and which has been approved by the district. [Ord. 3-4-86 § 3]
4.05.040 Allowing accumulation of solid waste on premises prohibited.
It shall be unlawful for the owner of any premises to suffer, permit or allow any solid waste to remain in, on or under any premises for a period in excess of seven days. All solid waste accumulating from or upon any premises shall be kept in a covered receptacle. [Ord. 3-4-86 § 4]
4.05.050 Placing solid waste on streets, sidewalks, etc., prohibited.
It shall be unlawful for any person to throw, place, scatter, or deposit, or cause to be thrown, placed, scattered, or deposited upon any street, sidewalk, alley or public place within the district, any solid waste, except as otherwise permitted by law. [Ord. 3-4-86 § 5]
4.05.060 Burning of solid waste prohibited.
It shall be unlawful for any person to burn any solid waste within the district. [Ord. 3-4-86 § 6]
4.05.070 Unlawful collection.
The district, in order to more effectually promote and protect the public health and safety and reduce the danger and hazards of fire, reserves unto itself the exclusive right to collect, dispose of, and direct the collection and disposal of, the solid waste produced or found within the limits of the district. Directing the disposal of the solid waste produced or found within the limits of the district includes, without limitation, the right of the district to direct the location, means and method of disposal thereof. It shall be unlawful for any person to collect or dispose of solid waste within the limits of the district, except as is expressly provided in this chapter. The district shall have the right to franchise all or any portion of its exclusive rights hereunder to the collector. [Ord. 3-4-86 § 7]
4.05.080 Receptacles required.
A. It shall be the duty of every owner of any premises within the district to provide receptacles for receiving and holding all the solid waste produced, created or accumulated upon said premises between the times for the collection of the solid waste, and to deposit all such solid waste in such receptacle. All receptacles shall be kept in a sanitary condition at all times; shall be located in such places on the premises as to be readily accessible for removing and emptying the same; and shall not be placed within the limits of any street or other public place within the district.
B. Every owner of a single- or multiple-family residential dwelling shall provide and keep receptacles of an adequate size and in sufficient numbers to contain, without overflowing, all the refuse generated by the dwelling residents within the designated removal period. The owner shall provide a minimum of one receptacle per family residential dwelling unit or the equivalent thereof as agreed between the owner and collector pursuant to WCWDC 4.05.160. [Ord. 3-4-86 § 8]
4.05.090 Solid waste collection service required.
A. It shall be the duty of every owner of any occupied premises within the district to subscribe to and pay for the solid waste collection service described herein, except in unusual circumstances when an exemption is approved under subsection (B) of this section.
B. The administrative authority may exempt from the requirements of subsection (A) of this section any person who shows, and only so long as such person can continue to show:
1. That the premises are unoccupied;
2. Collection service is not available to the premises due to distance from the nearest collector's area of operation; or
3. That no unsanitary condition, hazard to health, or private or public nuisance will arise upon the premises of a single-family residence owned by him if he does not subscribe to solid waste collection and disposal services by the collector as otherwise required by this chapter.
Application for the exemption is required in written form from the owner of the property along with proof of ownership. For rented single-family residences, the application shall be signed by the owner and the tenant(s). In addition to the foregoing, any person granted an exemption pursuant hereto shall comply with all conditions and requirements of the application for exemption and all other conditions and requirements imposed by the administrative authority, as periodically amended. Exemptions under this section shall not be approved for persons who lie within the boundaries of any incorporated city the boundaries of which also lie within the boundaries of the district, unless such incorporated city does not have in effect an chapter requiring the collection of solid waste. [Ord. 9-1-87 § 2; Ord. 3-4-86 § 9]
4.05.100 Failure to subscribe.
A. Any person failing to subscribe for the collection and disposal of solid waste as required by this chapter shall be guilty of a misdemeanor punishable by a fine not to exceed $1,000 or imprisonment not to exceed 30 days, or by both such fine and imprisonment. Each and every collection period during which any violation of this chapter is committed, continued or permitted shall be a separate violation and punishable as a separate misdemeanor.
B. Each owner of premises shall commence collection and disposal services within seven days of the occupancy of such premises within the district. If the owner fails to commence such service, the collector shall give the owner written notification that such service is required. If such service is not initiated within 15 days from the date of mailing of such notice by the collector, then the collector shall initiate and continue service for the owner. [Ord. 3-4-86 § 10]
4.05.110 Collector entitled to payment.
A. The district or, if there is one, the collector shall be entitled to payment from the owner for any collection services rendered pursuant to this chapter or any franchise agreement between the district and a collector.
B. If any owner fails to pay the collector for collection service for a five-consecutive-month period or for any period when collection service is stopped, the collector shall mail the owner a final request for payment for the amounts owed, plus penalties including the charge for service to the end of the owner's most recent billing period, which may include the month during which the final request was mailed. The final request shall include a warning notice that if the service charges are not paid within 30 days, the person being notified will be turned over to the district for placement on the tax rolls. The warning notice shall include information, the additional administrative charges that will become due if a lien is recorded against the premises, and that the district shall assess the premises on the next property tax statement if the charges plus penalties are not paid in full. The final request for payment shall be mailed to each owner, as shown on the most recent rolls of the county assessor, of the premises for which service was provided.
C. The form and content of the warning notice sent by the collector shall be approved by the district manager.
D. If the required payment is not made by the owner within 30 days, the collector will file with the district manager a verified notice which shall contain, in parcel number order, the name or names of the owner, the address of the premises served, the period of the service, and the amounts due plus penalties. The verified notice shall be submitted by the collector to the district manager not more than 90 days following the final request for payment.
E. The verified notice shall set a time and place for an administrative hearing before the district manager and shall be mailed by the collector to each person to whom the described premises for which the service is or was rendered is assessed on the most recent property assessment rolls of the county assessor. The verified notice shall be mailed to each such person not less than 15 days prior to the date of the hearing.
F. The district manager shall conduct a hearing and shall determine whether an assessment should be imposed upon such person.
G. If the district manager approves the delinquent charges against such person and such person fails to pay said charges, an assessment on the premises for which the service was rendered will be recorded with the county recorder of Contra Costa County. The recorded assessment shall carry an additional administrative charge to such person in the amount of $25.00.
H. Delinquent charges which remain unpaid by such person shall constitute a special assessment against the premises to which the service was rendered and shall be collected at such time as established by the county assessor for inclusion in the next property tax assessment.
I. The district manager shall turn over to the county assessor for inclusion in the next property tax assessment the total sum of unpaid delinquent charges plus penalties for solid waste collection service and administrative charges, plus an assessment charge of $5.00 as a special assessment against the premises situated within the district to which the service was rendered. The assessment shall be collected at the same time and in the same manner as ordinary local agency taxes are collected. The assessment shall be subordinated to all existing special assessment liens previously imposed on such premises. It shall have priority over other liens except for state, county and municipal taxes, with which it shall have parity. The assessment shall continue until the assessment and all interest and charges due and payable thereon are paid. All laws applicable to the levy, collection and enforcement of local agency taxes shall be applicable to the special assessment.
J. The collector may charge the district, at the established collection rates, for those owners who are delinquent. Said charges shall cover the period during which the collector provided collection and disposal services for the delinquent owner and for which the collector has not been otherwise paid. The district shall not become liable to pay such charges until the charges have been assessed against the owner and the county has disbursed funds covering said charges. [Ord. 6-17-86A § 1; Ord. 3-4-86 § 11]
4.05.120 Unauthorized collection prohibited.
The collection, removal and disposal of solid waste shall be performed by the district under the direction of the sanitary board of the district, or by any person with whom the district has entered into a contract or franchise agreement for the collection, removal and disposal thereof. It is hereby declared unlawful for any other person other than those stated above to remove, convey, or cause to be removed or conveyed any solid waste upon or along any street or alley or any other public place within the boundaries of the district except in conveyances, containers, bins or receptacles that will not permit any waste matter to sift or leak through, or fall onto said streets, alleys, highways or waterways. Solid waste conveyed in other than a container or receptacle with a close-fitting lid shall be protected with covers to prevent the solid waste from being blown or spilled onto the streets, alleys, highways, waterways, or adjacent lands. [Ord. 3-4-86 § 12]
4.05.130 Interference with collection prohibited.
It shall be unlawful for any person to interfere in any manner with the collection, removal or disposal of solid waste by the collector. [Ord. 3-4-86 § 13]
4.05.140 Contracts for solid waste collection and disposal.
The district may enter into a contract or franchise agreement with any person for the collection and disposal of solid waste. Such contract or franchise agreement may be revoked by the sanitary board of the district for noncompliance with the provisions of said contract or franchise agreement or for violation of the provisions of this chapter or any pertinent federal, state or local law, in accordance with the terms of said contract or franchise agreement. [Ord. 3-4-86 § 14]
4.05.150 Rates for collection and disposal of solid waste.
For the service of collecting and disposing of solid waste pursuant to this chapter, monthly rates shall be charged by the collector not to exceed the following:
A. For private residences and trailers and for each family unit where not more than one family unit is located on a lot or parcel of land (including each family unit in apartments, flats, trailer courts and auto courts):
1. One collection per week per family unit for each can or receptacle of 32 gallons or less: $7.90/month.
Note: Where more than one family unit is located on such a lot or parcel of land, each can or receptacle of 32 gallons or less shall be charged at the rate set forth above.
The foregoing rates may be increased by the collector to $8.40/month, effective January 1, 1987, to $8.90/month, effective January 1, 1988, and to $9.40/month, effective January 1, 1989.
2. For the privilege of using a second can or receptacle of 32 gallons or less: $5.50/month.
This rate may be increased by the collector to $6.50/month, effective January 1, 1987, to $7.00/month, effective January 1, 1988, and to $7.50/month, effective January 1, 1989.
B. For senior citizens (individuals 62 years of age or older) who own and reside in any residence described in subsection (A) of this section, one collection per week per family unit for one can or receptacle of 32 gallons or less: $7.40/month.
This rate may be increased by the collector to $7.75/month, effective January 1, 1987, to $8.10/month, effective January 1, 1988, and to $8.50 month, effective January 1, 1989.
For the privilege of using a second can or receptacle, the regular rate described in this chapter applies.
C. All private residences, trailers, apartment houses, flats, trailer courts, and auto courts and for each family unit where not more than one family unit is located on a lot or parcel of land located westerly of a line described as follows:
Commencing at the intersection of the southernmost boundary of the district and the easterly boundary of the Atchison, Topeka and Santa Fe Railroad to the intersection of the northerly boundary of County Road 17 and Giant Highway, thence along the westerly boundary of Giant Highway in a northerly direction to the northernmost boundary of the district, shall be excluded from the rates as hereinbefore provided, and, instead, shall be charged according to the following schedule:
1. One collection per week per family unit for each can or receptacle of 32 gallons or less: $7.70/month.
Note: Where more than one family unit is located on such a lot or parcel of land, for each additional can or receptacle of 32 gallons or less: $7.70/month.
The foregoing rate may be increased by the collector to $8.20/month, effective January 1, 1987, to $8.70/month, effective January 1, 1988, and to $9.20/month, effective January 1, 1989.
2. For the privilege of using a second can or receptacle of 32 gallons or less: $5.50/month.
This rate may be increased by the collector to $6.50/month, effective January 1, 1987, to $7.00/month, effective January 1, 1988, and to $7.50/month, effective January 1, 1989.
D. For senior citizens (individuals 62 or older) who own and reside in any residence described in subsection (C) of this section, one collection per week per family unit for one can or receptacle of 32 gallons or less: $7.20/month.
This rate may be increased by the collector to $7.55/month, effective January 1, 1987, to $7.90/month, effective January 1, 1988, and to $8.30/month, effective January 1, 1989.
For the privilege of using a second can or receptacle, the regular rate described in this chapter applies.
E. In addition to the rates provided for in subsections (A), (B), (C) and (D) of this section, effective October 1, 1991, an additional $2.02 shall be charged each month for each receptacle of 32 gallons or less, to cover closure, port-closure and additional regulatory costs of the West Contra Costa Sanitary Landfill. Receptacles which contain more than 32 gallons shall be charged proportionately higher than the 32-gallon charge, depending upon size.
F. The collector may charge a late payment penalty of five percent, with a minimum of $1.00, of the amount due and remaining unpaid after the same becomes due and an additional penalty of five percent, with a minimum of $1.00, of the whole amount due less late payment penalties for each calendar month that the amount remains unpaid.
The collector may also charge a one-time late payment penalty of 20 percent, with a minimum of $10.00, for amounts due and remaining unpaid for at least six months, or for any period where service is stopped and the collector is entitled to initiate lien procedure under WCWDC 4.05.110(B).
G. For unusual accumulations of solid waste and for places not herein otherwise provided for, such rates shall be charged as may be agreed upon between the collector and the person from whom such solid waste is collected.
In all cases where a dispute arises as to the rate charged or to be charged for any service herein mentioned, the matter shall be referred to the general manager of the sanitary board of said district and said general manager shall upon due investigation determine and fix such rate or price as he/she may deem just and equitable and the determination of the general manager in all such cases shall be final and conclusive.
Said rates are subject to change by mutual agreement of the collector and said sanitary board and any change in said rates shall be based on business conditions in general including the cost of equipment, labor and materials, and on rates which may from time to time be established for similar services by other public agencies in the local area. Areas hereafter annexed by said district shall be governed by whatever rates may be in effect in such areas at the time of annexation. [Ord. 10-1-91 § 1; Ord. 12-15-87 § 1; Ord. 6-17-86 § 1; Ord. 3-4-86 § 15]
4.05.160 Other collections.
For collections of unusual accumulations of solid waste, and for collections not herein otherwise provided for, such rates shall be charged, and such receptacles shall be used, as may be agreed upon between the collector and the person from whom such solid waste are collected. [Ord. 3-4-86 § 16]
4.05.170 Rate and receptacle disputes.
In all cases where disputes arise as to the rate charged or to be charged pursuant to this chapter, or the number or kind of receptacles to be used, the matter shall be referred to the district manager and the district manager shall, upon due investigation, determine and fix such price and receptacle requirement as he may deem just and equitable. Such determination made by the district manager shall be final and binding. [Ord. 3-4-86 § 17]
4.05.180 Collection regulations.
The sanitary board of the district may make such regulations concerning the number and manner of collections, the maintenance and operation of collector's vehicles, and the maintenance of the disposal facility as it may deem necessary to carry out the provisions and intent of this chapter. [Ord. 3-4-86 § 18]
4.05.190 Exceptions.
Nothing in this chapter shall be deemed to prohibit any of the following:
A. The keeping and use of solid waste in the operation of a compost facility, which has been approved by the district.
B. The burying of solid waste at a solid waste disposal facility.
C. The placing, depositing and keeping of solid waste at a recycling center, which has been approved by the district. [Ord. 3-4-86 § 19]
4.05.200 Severability.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, such a decision shall not effect the validity of the remaining portions of this chapter. The sanitary board hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase hereof. [Ord. 3-4-86 § 20]
1 Prior legislation: Ord. 5-31-27(2).