CHAPTER 3. MANAGEMENT OF SOLID WASTE
ARTICLE 1. GENERAL PROVISIONS
4-03-1000 PURPOSES: LIBERAL CONSTRUCTION:
In order to protect the health, safety and welfare of the residents of Tulare County, the Board of Supervisors has determined that it is necessary to adopt a coordinated County wide program for the safe, economical and efficient collection, storage, transportation and disposal of refuse, and to assure adequate standards of service for said collection, storage, transportation and disposal of refuse. This Chapter shall be liberally construed for the accomplishment of these purposes.
(Amended by Ord. No. 3167, effective 8-8-96.) (Repealed 12-09-06) (Revised & Added 12-09-06)
4-03-1005 DEFINITIONS:
For the purposes of this Chapter, the following words and phrases shall have the following meanings unless the context otherwise requires:
"AB 939": means the California Integrated Waste Management Act of 1989 (California Public Resources Code, Division 30, commencing with Section 40000), as amended, supplemented, superseded, and replaced from time to time.
"ACCESSORY STRUCTURE": means a Structure containing no kitchen or bathroom and located upon the same lot or parcel as the principal use or Structure to which it is an accessory. The Structure is customary, incidental and subordinate to the use of the principal building or the principal use of the land. All Accessory Structures shall be constructed with, or subsequent to, the construction of the principal Structure or activation of the principal use.
"AGRICULTURAL WASTE": means manures, culls, prunings or crop residues resulting from the production, packing or processing of farm or agricultural products.
"APPLICABLE LAW": means all Federal, State and local laws, ordinances, regulations, rules, orders, judgments, decrees, resolutions, permits, approvals, or other type of requirement imposed by any governmental agency having jurisdiction over the collection and disposition of Solid Waste, Recyclable Materials, and Green Waste, including those that are in force and effective as of the Effective Date, as well as such additions and changes thereto as become effective by means of their enactment, amendment, issuance or promulgation at any time after their Effective Date.
"APPLICANT": means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the County for the applicable permits to undertake any construction, demolition or renovation project within the County, as defined in this Chapter, and who is, therefore, responsible for meeting the requirements of this Chapter.
"BIN": means a receptacle for Solid Waste provided by the Licensee unless owned by the Customer, having a capacity less than ten (10) cubic yards and that generally has wheels, a handle for ease of movement and a tight-fitting, attached lid, and is designed to be dumped mechanically into a front-loading or rear-loading Collection vehicle.
"BIN SERVICE": means the provision of Collection Services using bins.
"BOARD": means the Tulare County Board of Supervisors.
"BUILDING OFFICIAL": means the designated authority charged with the administration and enforcement of this Chapter, or the Building Official’s duly authorized representative.
"BULK WASTE": means all discarded household waste matter that is too large to be placed in a Cart, including large household appliances, appliances containing chlorofluorocarbons, furniture, carpets, mattresses, and similar large items that require special handling due to their size and which typically can be discarded by Customers in connection with Community Cleanups. Bulk Waste shall not include Excluded Waste.
"CART": means wheeled Containers having approximately thirty (30) to one hundred and ten (110) gallons of capacity provided by Licensee to Customers for Collection of Solid Waste, Recyclables, and Green Waste.
"CART SERVICE": means provision of Collection Services using Carts and charged at a Rate based on Solid Waste Cart size.
"COLLECTION" (AND "COLLECT", "COLLECTED", AND "COLLECTING"): means the pickup and removal by Licensee from its Customers’ premises of Solid Waste, Recyclable Materials, Green Waste, or other material specified in this Agreement and transportation of such material to a Disposal or Transfer Facility, Green Waste Processing Facility, a Material Recovery Facility, or a Transformation Facility as appropriate and consistent with Licensee’s obligations hereunder. Does not include Excluded Waste.
"COLLECTION MATERIALS": means all Solid Waste, Recyclables, Green Waste, or other materials specified in this Chapter generated in the County Established Service Areas. Does not include Excluded Waste.
"COLLECTION SERVICES": means all of the duties and obligations of Licensee relating to its responsibilities for Collection as specified in this Chapter.
"COLLECTION VEHICLE": means any vehicle used to collect or transport Solid Waste.
"COLLECTOR": means any person licensed under this Chapter and qualified under state law, who collects, transports within the County, recycles or otherwise disposes of Solid Waste or recyclables produced within the County.
"COMMUNITY CLEANUP": means the collection of non-Excluded Waste items separate from those gathered through weekly Collection Services.
"COMPACTOR," "COMPACTORS," "COMPACTOR SERVICE": means any Bin or other similar Container incorporating a built-in mechanism to reduce waste volume by crushing action or other compacting method.
"COMPOST": means the product resulting from the controlled biological decomposition of organic wastes that are Source Separated from the municipal or County waste stream or separated at a centralized facility. Compost includes vegetable, yard and wood Solid Wastes which are not hazardous waste.
"CONSTRUCTION": means all building, landscaping, remodeling, including the addition, removal or destruction of buildings and landscaping.
"CONSTRUCTION AND DEMOLITION DEBRIS": means and includes:
(a) Used or commonly discarded materials generally considered to be not water soluble and non-hazardous in nature, including, but not limited to, steel, copper, aluminum, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard and lumber from the construction or destruction of a Structure as part of a construction or demolition project or from the renovation of a Structure and/or landscaping, including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction project; or
(b) Remnants of new materials, including, but not limited to, cardboard, paper, plastic, wood and metal scraps from any construction, demolition and/or landscape project.
"CONTAINERS": means Bins and Carts used to provide Solid Waste, Recyclables, or Green Waste Services.
"CONTRACTOR": means any person or entity holding, or required to hold, a contractor’s license of any type under the laws of the State of California, or who performs (whether as contractor, subcontractor, owner-builder, or otherwise) any construction, demolition, remodeling, renovation or landscaping service relating to buildings or Accessory Structures in the unincorporated area of Tulare County.
"COUNTY": means the legal entity known as the County of Tulare, California, a political subdivision of the State of California and includes the geographical area within the territorial boundaries of the County of Tulare, as it exists now or in the future.
"COUNTY ESTABLISHED SERVICE AREA": means the County established territory within which the Licensee shall conduct Collection Services identified within County unincorporated area and as such limits may change from time to time due to annexations or other means per the Tulare County Ordinance Code. When used in the plural in this Agreement, the term ("County Established Service Areas") refers to all such regions within the County considered collectively, within which exclusive Collection Services are to be provided by Licensee pursuant to this Chapter.
"COUNTY REPRESENTATIVE": means the Resource Management Agency Director, or his or her/her designee, who may be a County official or an agent of the County specifically designated to serve as the County Representative and authorized to enforce the terms of this Chapter on County’s behalf.
"COVERED PROJECT": means and includes any project which consists of one or more of the following:
(a) Demolition projects that are 500 square feet or greater.
(b) Any project involving renovation of a kitchen and/or bath facility irrespective of total square footage or value.
(c) The renovation, remodel or addition to an existing residential Structure that is equal to or greater than 500 square feet and/or projects that exceed $20,000.
(d) The renovation, remodel or addition to an existing commercial or multi-family residential Structure that is equal to or greater than 1,000 square feet and/or projects that exceed $20,000.
(e) Residential development and any new residential Structure that is equal to or greater than 1,000 square feet and/or projects that exceed $20,000.
(f) Commercial or multi-family residential development and any new Structure that is equal to or greater than 1,000 square feet and/or projects that exceed $20,000.
(g) All County sponsored construction, demolition and renovation projects that are equal to or greater than 1,000 square feet.
(h) All County public works and construction projects which are awarded pursuant to the competitive bid procedures.
"CUSTOMER": means the person or entities receiving Collection Services.
"DECONSTRUCTION": means a process to dismantle or remove useable materials from Structures, in a manner which maximizes the recovery of building materials for reuse and recycling and minimizes the amount of waste transported for disposal in landfills and Transformation facilities.
"DEMOLITION": means the deconstructing, razing, ruining, tearing down or wrecking of any Structure, wall, fence or paving, whether in whole or in part, whether interior or exterior. Demolition needs to be done by a contractor or owner-builder.
"DESIGNATED RECYCLABLE AND REUSABLE MATERIALS": means and includes:
(a) Inert solids, asphalt and masonry building materials generally used in construction including, but not limited to, concrete, rock, stone and brick.
(b) Wood materials including any and all dimensional lumber, fencing or construction wood that is not chemically treated, creosoted, CCA pressure treated, contaminated or painted.
(c) Vegetative materials including trees, tree parts, shrubs, stumps, logs, brush or any other type of plants that are cleared from a site for construction or other use. The following materials are excluded as the materials are not recyclable and should be landfilled: bamboo, palm fronds and yucca.
(d) Metals including all metal scrap such as, but not limited to, pipes, siding, window frames, door frames and fences.
(e) Roofing materials including wood shingles and shakes as well as asphalt, stone and slate based roofing material.
(f) Salvageable materials and Structures including, but are not limited to, doors, windows, fixtures, hardwood flooring, sinks, bathtubs and appliances.
(g) Any other materials that the Building Official determines can be diverted due to the identification of a recycling facility, reuse facility or market accessible from the County.
"DISPOSAL SITE": means any land used for the disposal of Solid Waste including, but not limited to dumps and landfills.
"DIVERSION" and "DIVERT": means the removal of certain waste types from the waste stream so that they are not disposed of in a landfill. Diversion does not include illegal dumping or disposal of wastes.
"EMERGENCY DEMOLITION": means an emergency demolition can be performed only when a structure is determined to be structurally unsound and in danger of imminent collapse and a state or local government agency has issued an immediate demolition order. The order for emergency demolition only applies to the part of the building that is unsound; attached buildings may not be demolished under this order and must be treated as a regular demolition.
"EXCLUDED WASTE": means Hazardous Waste, Medical and Infectious Waste, volatile, corrosive, biomedical, biohazardous and toxic substances or material. Any wastes that as a result of being disposed would violate any Federal, State, or local law, regulation or ordinance, including land use restrictions or conditions. Excluded Waste may include any other Designated or Special Waste.
"FOOTHILL RATE DIVISION LINE": means that service rate division line or boundary established by the Board of Supervisors from time to time by resolution.
"GENERATION": means the total waste collected by the Licensee in the County Service Area.
"GOOD FAITH EFFORT": as used in this Chapter with regard to performance of Licensee’s obligations to Divert materials shall mean, at a minimum, to competently undertake each of the programs for which materials Diversion is required hereunder and to perform materials Diversion activities for the program to the satisfaction of the Resource Management Agency Director.
"GREEN WASTE": means biodegradable materials including branches (less than three [3] inches in diameter), brush, cut flowers, dead plants, grass clippings, house plants, leaves, prunings, shrubs, weeds, wood (uncoated and untreated), wood chips, yard trimmings, Christmas trees (placed in Carts/Bins, with no stands, flocking, and/or decorations, and cut into two [2]-foot Sections), provided that larger items such as tree stumps and intact dead trees are considered Bulk Waste as defined herein. Green Waste shall not include Excluded Waste.
"GREEN WASTE PROCESSING FACILITY": means the fully permitted facility(ies) used by Licensee for handling, processing, and preparing Green Waste for marketing through beneficial reuse such as mulching, composting, or processing for alternative daily cover, and/or for use as biomass fuel.
"GROSS RECYCLED": means the total gross quantity of recyclables handled by the Licensee in their Service Area.
"HAZARDOUS WASTE" or "HAZARDOUS SUBSTANCES": means a waste or combination of wastes which because of quantity, concentration, or physical, chemical or infectious characteristics may do either of the following:
(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 human health or environment when improperly treated, stored, transported, disposed of or otherwise managed. Unless expressly provided otherwise, hazardous waste includes extremely hazardous waste and acutely hazardous waste as those wastes defined or described in state or federal laws or regulations; or
(c) Substances as defined in California Health and Safety Code Section 25316.
"INERT SOLIDS": includes asphalt, concrete, rock, stone, brick, sand, soil and fines.
"LICENSE": means a service license or special service license issued by the Board.
"LICENSEE": Any individual who has a service license or special service license issued by the Board.
"MATERIAL RECOVERY FACILITY" or "MRF": means a manual and/or mechanized facility which receives a Solid Waste stream for the purpose of recovering recyclables. An unsegregated waste MRF or "dirty MRF" is a MRF which receives an unsegregated Solid Waste stream. A segregated waste MRF or "clean MRF" is a MRF which receives a Solid Waste stream consisting only of commingled recyclables from which non-recyclables have been segregated or removed.
"NET RECYCLED": means the net quantity of recyclables actually recovered by the Licensee in their Service Area after accounting for Residuals.
"NON-COVERED PROJECTS": means Construction, demolition and renovation projects within the County that do not meet the established thresholds for Covered Projects.
"OWNER-BUILDER": see "CONTRACTOR".
"PERMIT": means an official document or certificate issued by the Building Official authorizing performance of a specified activity.
"PERSON": means any individual, public or private corporation, industry, co partnership, association, firm, trust, estate, political subdivision of the State of California or any other legal entity whatsoever.
"PROJECT": means any activity involving construction, demolition or renovation, and which requires issuance of a permit from the County of Tulare.
"PUBLIC HEALTH OFFICER": means the Public Health Officer of Tulare County or his or her authorized representative.
"RATES" OR "RATE": means the amount each Customer is billed by Licensee, subject to the County’s approved and published maximum and minimum rate schedules.
"RECYCLABLES": means materials which would otherwise become Solid Waste but which are capable of or suitable for recycling.
"RECYCLE" or "RECYCLING": means the process of collecting, sorting, cleansing, treating, and reconstituting or converting materials that would otherwise become Solid Waste, and returning them to the economic mainstream in the form of raw materials for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace or in the form of useable energy.
"RECYCLING AND REUSE PLAN": means a form provided by the County for the purpose of compliance with this Chapter that must be submitted by the Applicant for any Covered Project.
"RECYCLING FACILITY": means the fully permitted facility(ies) selected by Licensee for handling, processing, and preparing Recyclable Materials for marketing.
"REFUSE": means waste material intended for Disposal and including:
(a) all putrescible and nonputrescible wastes, except liquid-carried industrial wastes or sewage hauled as an incidental part of septic tank or cesspool-cleaning service;
(b) garbage (i.e., putrescible animal, fish, food, fowl, fruit or vegetable matter, or any residual material thereof, resulting from the preparation, storage, handling or consumption of such substances); and
(c) rubbish (such as printed materials, paper, pasteboard, rags, straw, used and discarded clothing, packaging materials, ashes, floor sweepings, glass, and other waste materials). Refuse shall not include any Excluded Waste.
"RENOVATION": means any change, addition or modification to an existing Structure.
"RESIDUALS": means materials which remain after processing Recyclable Materials which cannot be Recycled, marketed, or otherwise utilized, including, but not limited to, materials such as rocks, contaminated paper, putrescibles and other debris.
"RESOURCE MANAGEMENT AGENCY DIRECTOR": means the Resource Management Agency Director of Tulare County or his or her authorized representative.
"REUSE": means further or repeated use of materials that would otherwise become Solid Waste.
"ROLLOFF BOX SERVICES": means the collection, transportation, and disposal of materials placed in Containers of ten (10) cubic yards or greater.
"SALVAGE": means the controlled removal of materials from a Covered Project for the purpose of recycling, reuse or storage for later reuse.
"SELF-HAUL" OR "SELF-HAULER": means any residential or commercial generator of Solid Waste who transports and disposes their own Solid Waste at a permitted Solid Waste facility. Any such "Self-Hauler" shall be obligated to comply with all applicable legal requirements governing such transport and disposal, and may be subject to County reporting requirements.
"SERVICE": means the collection, storage, transportation, diversion and disposal of Solid Waste.
"SERVICE AREA(S)": means the unincorporated, geographic area designated by the Board in which Solid Waste is collected.
"SOLID WASTE": means all putrescible or nonputrescible Solid Wastes, including garbage, refuse, trash, rubbish, industrial wastes, demolition and construction wastes, discarded home and industrial appliances, manure, vegetable or animal Solid Wastes and other discarded Solid Wastes. Solid waste does not include:
(a) Hazardous waste or low-level radioactive waste regulated under Chapter 7.6 (commencing with Section 25800) of Division 20 of the California Health and Safety Code; or
(b) Medical waste which is regulated under the Medical Waste Management Act, Chapter 6.1 (commencing with Section 25015) of Division 20 of the California Health and Safety Code. Untreated medical waste shall not be disposed of at a Solid Waste disposal site or landfill in the County. Medical waste which has been treated and which is deemed to be Solid Waste may be disposed of as Solid Waste in accordance with this Chapter; or
(c) Excluded Waste.
"SOURCE SEPARATED": means recyclables that have been segregated from the waste stream prior to disposal.
"STRUCTURE": means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
"TRANSFER STATION": means those facilities approved by the Resource Management Agency Director and the Public Health Officer pursuant to Section 4-03-1135 of this Chapter at which Solid Waste is received, temporarily stored, separated, converted, or otherwise processed, or transferred from one storage unit or collection vehicle to another.
"TRANSFORMATION": means incineration, pyrolysis, distillation, gasification, or biological conversion other than composting. Transformation does not include composting or biomass conversion.
"TRANSFORMATION FACILITY": means a fully permitted facility that utilizes incineration, pyrolysis, distillation, gasification, or other biological conversion other than composting.
"URBAN AREA BOUNDARIES": means those boundaries entitled "Urban Area Boundaries" and "Urban Development Boundaries" established and adopted by the Tulare County General Plan.
(Amended by Ord. No. 3167, effective 8-8-96.) (Repealed 12-09-06) (Revised & Added 12-09-06)
4-03-1075 RULES AND REGULATIONS:
The Board shall, by resolution, establish additional rules and regulations to administer and carry out the policy and purpose of this Chapter as from time to time appear to be in the best interests of the public health, safety and welfare.
4-03-1076 WRITTEN NOTICES: MANNER OF GIVING:
The written notices of hearing required by this Chapter shall be personally delivered to the person entitled thereto, or sent by registered or certified mail, postage prepaid, return receipt requested, to the person entitled thereto, addressed to a Licensee or applicant at his or her residence or principal place of business as listed in his or her permit or License application. The Resource Management Agency Director, or other person charged with giving written notices, shall file a declaration with the Clerk of the Board certifying to the date and the manner in which such notice was given. He shall also file therewith any receipt card or other document which may have been returned to him in acknowledgment of the receipt of such service of notice. The person charged with giving written notice shall make Good Faith Efforts to perfect the delivery of such notice in accordance with the above described procedures. In the event that the giving of the written notice cannot be perfected, even though Good Faith Efforts have been made to complete such notice, then the failure of any Licensee, applicant or other person to receive such notice shall not affect in any manner the validity of any proceedings taken hereunder.
(Added by Ord. No. 3167, effective 8-8-96.)
4-03-1077 PUBLICATION OF NOTICES: MANNER OF GIVING:
(a) Any notices of hearing required to be published by this Chapter shall be published one (1) time, at least seven (7) days prior to the date set for the hearing, in a newspaper of general circulation which is circulated in the Service Area affected by the subject matter of the notice, in substantially the following form:
NOTICE OF HEARING PERTAINING TO [Identify permit or license matter]
NOTICE IS HEREBY GIVEN that on (Date)____, at the hour of__________, in the Chambers of the Tulare County Board of Supervisors, County Administration Building, County Civic Center, 2800 Burrel Avenue, Visalia, California, the Board of Supervisors will hear the matter of the [subject of the hearing, including name of applicant or Licensee] pertaining to [the general description of the parcel, Service Area or portion of a Service Area affected by the hearing].
The Board of Supervisors shall provide reasonable time and opportunity for all interested persons to be heard at said hearing.
Dated:
_________________
Tulare County Resource Management Agency Director
(b) The person causing the publication of said notice shall file an affidavit with the Clerk of the Board attesting to said publication.
(Added by Ord. No. 3167, effective 8-8-96.)
4-03-1080 ADMINISTRATION AND ENFORCEMENT:
(a) Except as otherwise specifically provided in this Chapter, the Resource Management Agency Director shall be responsible for the administration and enforcement of this Chapter and the rules and regulations adopted by the Board.
(b) The Resource Management Agency Director and Public Health Officer shall have authority to enter, at any reasonable hour, the premises of any person regulated by this Chapter to determine compliance with this Chapter and the rules and regulations adopted by the Board.
(Added by Ord. No. 3167, effective 8-8-96.)
ARTICLE 3. STORAGE AND DISPOSAL OF SOLID WASTE: PROHIBITIONS
4-03-1130 STORAGE AND DISPOSAL OF SOLID WASTE:
It shall be unlawful to maintain or use any premises as a residence, place of business, or other building or place where persons reside, congregate or are employed which is not provided with means for the sanitary disposal of all Solid Waste. Said sanitary Solid Waste disposal system shall consist of either a fly tight garbage pit or the use of fly tight, waterproof and covered garbage cans or receptacles expressly approved by the Resource Management Agency Director. Garbage cans or receptacles shall be emptied weekly. Customers must remove garbage cans and receptacles from the street within 24 hours after emptying and may not be placed in a County or other public right-of-way. All Solid Waste collected shall be delivered to an approved Solid Waste disposal facility.
(Amended by Ord. No. 3167, effective 8-8-96.)
4-03-1131 TIRES OR BULK WASTE:
No person shall knowingly deposit in any container used for Solid Waste any tires or Bulk Waste without the prior consent of the Solid Waste Collector.
(Added by Ord. No. 3167, effective 8-8-96.)
4-03-1135 APPROVAL OF SOLID WASTE FACILITIES:
It shall be unlawful to establish or maintain any disposal site, greenwaste processing facility, Material Recovery Facility, Transfer Station or Transformation facility that does not conform to County zoning and/or County special use permit requirements or any other applicable County requirement. Furthermore, any disposal site, greenwaste processing facility, Material Recovery Facility, Transfer Station or Transformation facility shall adhere to California Public Resources Code, Division 30, commencing with Section 40000, as amended, supplemented, superseded, and replaced from time to time. No disposal site, greenwaste processing facility, Material Recovery Facility, Transfer Station or Transformation facility shall be maintained in such a manner as to constitute a private or public nuisance.
Any person licensed under this Chapter shall be prohibited from disposing of Solid Waste in a Transfer Station operated or funded by the County without authorization from the Resource Management Agency Director. The Board may require that any materials collected, or any Residuals generated as a result of material collected, by a Licensee, be delivered to a County operated Solid Waste facility.
(Amended by Ord. No. 3167, effective 8-8-96.)
4-03-1136 ACCEPTANCE OF OUT-OF-COUNTY WASTE:
No out-of-County waste shall be accepted at County Solid Waste facilities unless specifically approved by the Resource Management Agency Director. Denials may be appealed to the County Administrative Officer and then to the Board. The parameters to be considered when evaluating a request for acceptance of out-of-County waste are:
(a) The hauler of the out-of-County waste submit the request to the Resource Management Agency Director and file proof that they have submitted a copy of the request to the jurisdiction from which they collect.
(b) The evaluation of the request will be non-discriminatory.
(c) The topography and travel distance are to be considered.
(d) The quantity and type of waste are to be considered.
(e) The request shall prove advantageous to the ratepayers of the County.
4-03-1140 ACCUMULATION OF SOLID WASTE TO BE REMOVED:
Whenever any Solid Waste has been thrown or deposited upon any street, road, or private or public premises, or has accumulated thereon, the Public Health Officer shall give written notice to the owner, tenant or person having charge or control of said premises, to remove from the premises the substances so deposited or accumulated. It shall be unlawful for the owner, tenant or person having charge or control of said premises to neglect or fail to remove said Solid Waste from said premises within five (5) days after the receipt of said notice.
(Amended by Ord. No. 3167, effective 8-8-96.)
4-03-1145 PAPER AND PAPER TRAYS:
It shall be unlawful for any person to willfully or negligently place or permit to be placed or allow to remain on his or her property or on property under his or her control any paper or paper trays, in such a manner or condition that the paper or paper trays are likely to be blown or are blown or carried by wind action or other natural causes over, across or upon the property of another or upon any public property or public highway.
4-03-1146 COMMUNITY CLEANUPS:
Licensee shall provide Community Cleanups for the collection of non-Excluded Waste items. These events shall occur at least twice a year during each calendar year and shall include drop-off event(s). Licensee shall make a Good Faith Effort to recycle or divert from Disposal thirty-five percent (35%) of all materials collected as a result of these Community Cleanups.
4-03-1147 ON-CALL BULK ITEM PICK-UP:
Upon notice by a Customer, Licensee will schedule pick-up of Bulk Waste. Licensee shall make all reasonable efforts to Recycle the materials collected on-call for a rate to be established by the Board.
ARTICLE 4. USE OF COLLECTION SERVICE
4-03-1150 REQUIRED SERVICE:
Within any Service Area established under Article 5 of this Chapter and except as permitted in accordance with Section 4-03-1155 or Section 4-03-1165, the owner of each premises used as an occupied residence, place of business, or other building or place where persons reside, congregate or are employed, shall subscribe to and thereafter use regularly scheduled collection service with the appropriate County licensed Solid Waste Collector or another Solid Waste collection service provider appropriately authorized by the Resource Management Agency Director or under this Chapter by the following dates:
(a) January 1, 1997, within all of those Urban Area Boundaries within the valley floor up to the Foothill Rate Division Line.
(Added by Ord. No. 3167, effective 8-8-96.)
4-03-1155 INACCESSIBLE PROPERTY EXEMPTION:
Any owner of any premises subject to Section 4-03-1150, or any person upon written consent by such owner subject to Section 4-03-1150, may apply for an exemption, in accordance with Sections 4-03-1156 through 4-03-1158, exempting such premises from the requirements of Section 4-03-1150 on the grounds that the premises to be served is inaccessible to the County licensed Solid Waste Collector. Upon issuance and compliance with such an exemption, any owner or person otherwise subject to Section 4-03-1150 shall be exempt from Section 4-03-1150 to the extent provided by the provisions and terms of such exemption. Receipt of such an exemption shall not exempt any person from any other provisions of this Chapter.
(Added by Ord. No. 3167, effective 8-8-96.)
4-03-1156 INACCESSIBLE PROPERTY EXEMPTION APPLICATION:
Any owner or person desiring an exemption as provided under Section 4-03-1155 shall submit to the Resource Management Agency Director an application with such fee as may be established by the Board of Supervisors from time to time by resolution. The application shall be in the form and contain the information specified by the Resource Management Agency Director. Such application shall contain written permission for the Resource Management Agency Director to enter the subject premises for the purpose of investigating the grounds for the application.
(Added by Ord. No. 3167, effective 8-8-96.)
4-03-1157 INVESTIGATION AND ISSUANCE OF INACCESSIBLE PROPERTY EXEMPTION:
The Resource Management Agency Director shall investigate the exemption application and, upon determination that the subject premises is inaccessible to the County’s licensed Solid Waste Collector, the Resource Management Agency Director shall issue an exemption with or without conditions in accordance with Section 4-03-1155. If the particular property is accessible to the County’s licensed Solid Waste Collector, the Resource Management Agency Director shall deny the application. The Resource Management Agency Director’s decision shall be in writing and final unless appealed in writing to the Board of Supervisors in accordance with Section 165 of the Ordinance Code of Tulare County.
(Added by Ord. No. 3167, effective 8-8-96.)
4-03-1158 MODIFICATION OF CONDITIONS FOR INACCESSIBLE PROPERTY EXEMPTION:
Any applicant desiring to have any conditions modified or removed from an exemption, may request such relief by applying for a new exemption under Sections 4-03-1155 through 4-03-1157 and specifying the condition or conditions the applicant desires modified or removed.
(Added by Ord. No. 3167, effective 8-8-96.)
4-03-1165 RECYCLING EXEMPTION:
Any owner of any premises subject to Section 4-03-1150, or any person upon written consent by such owner, may apply for an exemption, in accordance with Sections 4-03-1166 through 4-03-1168, to conduct recycling activities for all recyclable Solid Waste generated on the premises. Upon issuance and compliance with such an exemption, any owner or person otherwise subject to Section 4-03-1150 shall be exempt from Section 4-03-1150 to the extent provided by the provisions and terms of such exemption. Receipt of such an exemption shall not exempt any person from any other provisions of this Chapter.
(Added by Ord. No. 3167, effective 8-8-96.)
4-03-1166 RECYCLING EXEMPTION APPLICATION:
Any owner or person desiring an exemption as provided under Section 4-03-1165 shall submit to the Resource Management Agency Director an application with such fee as may be established by the Board of Supervisors from time to time by resolution. The application shall be in the form and contain the information specified by the Resource Management Agency Director. Such application shall contain written permission for the Resource Management Agency Director to enter the subject premises for the purpose of investigating the grounds for the application.
(Added by Ord. No. 3167, effective 8-8-96.)
4-03-1167 INVESTIGATION AND ISSUANCE OF RECYCLING EXEMPTION:
The Resource Management Agency Director shall investigate the exemption application and, upon determination that the applicant is able to appropriately recycle the Solid Waste generated on the premises, the Resource Management Agency Director may issue an exemption with or without conditions in accordance with Section 4-03-1165. If the applicant is unable to appropriately recycle the Solid Waste which may be generated on the property, the Resource Management Agency Director shall deny the exemption. The Resource Management Agency Director’s decision shall be in writing and final unless appealed in writing to the Board of Supervisors in accordance with Section 165 of the Ordinance Code of Tulare County.
4-03-1168 MODIFICATION OF CONDITIONS FOR RECYCLING EXEMPTION:
Any applicant desiring to have any conditions modified or removed from an exemption, may request such relief by applying for a new exemption under Sections 4-03-1165 through 4-03-1167 and specifying the condition or conditions the applicant desires modified or removed.
4-03-1175 SUSPENSION OR REVOCATION OF EXEMPTIONS:
If the Resource Management Agency Director, upon reasonable cause, determines that grounds for the issuance of an exemption under either Section 4-03-1155 or 4-03-1165 no longer exists, the Resource Management Agency Director shall issue a notice in writing under Section 4-03-1076 to the owner of the property and any person occupying such property stating that the grounds for granting the exemption no longer exists, specifying the basis for such determination and establishing a specific date upon which the exemption shall be suspended or revoked unless the Resource Management Agency Director’s determination is appealed in writing to the Board of Supervisors in accordance with Section 165 of the Ordinance Code of Tulare County.
(Added by Ord.No. 3167, effective 8-8-96.)
4-03-1180 DENIAL OR SUSPENSION: WAITING PERIOD FOR RENEWED APPLICATION:
If an applicant is denied an exemption under Section 4-03-1167, if an applicant’s exemption is suspended or revoked under Section 4-03-1175, or if an applicant’s appeal under Section 165 of any decision rendered against the applicant under Sections 4-03-1167 or 4-03-1175 is denied, the applicant may not submit an application for an exemption on the same premises or property under Sections 4-03-1165 or 4-03-1175 for a period of six (6) months after said determination has been made, unless the Board finds that the public interest requires reconsideration of the matter within a shorter period of time.
(Added by Ord. No. 3167, effective 8-8-96.)
ARTICLE 5. SOLID WASTE COLLECTION LICENSES
4-03-1195 DESIGNATION OF COUNTY SERVICE AREAS:
The Board, by resolution adopted from time to time, shall divide the County or portions of the County into Service Areas for the purpose of issuing licenses for the collection of Solid Waste therein. The Service Areas shall be shown on a map of the County kept on file with the Resource Management Agency Director.
(Amended by Ord. No. 3167, effective 8-8-96.)
4-03-1200 SOLID WASTE COLLECTION: PROHIBITIONS:
Except as otherwise provided in this Chapter, it shall be unlawful for any person, except a person holding a License from the County, or acting with the written authority of such person holding such License in addition to the approval of the Resource Management Agency Director, to do any of the following:
(a) Collect, store, transport or dispose of any Solid Waste in any designated Service Area.
(b) Interfere in any manner with any garbage can or receptacle containing Solid Waste or the contents thereof.
(c) Remove any garbage can or receptacle from the place where the same is placed by the owner or the keeper thereof or to remove the contents from such garbage can or receptacle.
(d) Collect Solid Waste under a License in a Service Area or portion thereof not covered by the License.
(e) Solicit business for the collection of Solid Waste or removal of garbage in a Service Area or portion thereof without a License issued pursuant to this Chapter for the collection of Solid Waste in such Service Area or portion thereof.
(Amended by Ord. No. 3167, effective 8-8-96.)
4-03-1205 SAME: EXCEPTIONS:
The licensing provisions of this Article do not apply to the following persons:
(a) A person who, free of charge, removes from any premises Solid Waste for which the licensed Collector serving the area would impose a fee in addition to the charge for regularly scheduled collection.
(b) A person or business entity who collects, transports, and disposes of leavings, waste material or Solid Waste residue resulting from a construction or demolition project.
(c) A person who collects, free of charge, vegetable matter or food waste for use as food for animals.
(d) A person who operates a lawful business having leavings, waste material or Solid Waste residue and who collects, transports and disposes of such materials in the natural course of the business of gardening, tree trimming and street cleaning.
(e) Commercial recyclers collecting recyclables free of charge.
(Amended by Ord. No. 3167, effective 8-8-96.)
4-03-1210 APPLICATIONS FOR LICENSE:
Any person desiring a License to perform the acts specified in Section 4-03-1200 of this Article shall file with the Clerk of the Board an application in the form prescribed by the Clerk. The application shall include the following information:
(a) The business address and, if different, any and all addresses where collection vehicles, operating equipment or other facilities are located or will be kept, and the zoning classification of each such location.
(b) The name and address of the applicant and all owners and officers of the business and their percentages of ownership.
(c) A description of all collection vehicles and equipment that the applicant owns or has under his or her control for the collection or transportation of Solid Waste, including make, year of manufacture, engine number, mechanical condition, license number, and whether or not it is self unloading.
(d) The types of service to be provided within a specified Service Area or portion thereof.
(e) The approximate number of customers to be served by the applicant, divided into the types of service.
(f) The rates proposed to be charged each type of service.
(g) The Solid Waste Facility(ies) where the applicant intends to dispose of and/or divert Solid Waste.
(h) Evidence of obtaining and compliance with any necessary County special use permit requirements.
(Amended by Ord. No. 3167, effective 8-8-96.)
4-03-1215 DOCUMENTS TO ACCOMPANY APPLICATION:
The application shall be accompanied by the following documents:
(a) A map showing the Service Area or portion thereof in which the applicant proposes to provide Solid Waste collection service.
(b) Security in the amount of One Thousand Dollars ($1,000) per collection vehicle in the form of a faithful performance bond, cash, negotiable bonds, instrument of credit, certificate of deposit, or such other security as may be approved by the Board. Said security shall be subject to approval by the Board and shall be maintained by the applicant during the entire term of his or her License. The security is for the purpose of securing compliance with all of the terms and conditions contained in this Chapter and for the protection of customers of the applicant against unauthorized rate charges. A city applying for a License to serve areas outside the boundaries of the city shall not be required to post security.
(c) A policy of public liability and property damage insurance, or certificate thereof, issued by a company duly and legally licensed to transact business in the State of California, covering personal injuries, including wrongful death, and claims for property damage that arise from the operation under the License. Said insurance policy shall be issued at the expense of the applicant and maintained by him during the entire period that the License is in force and shall contain a provision that the policy will not be canceled without thirty (30) days prior written notice by the insurance company to the Resource Management Agency Director. Said insurance policy shall be in a form approved by the County Counsel and shall name the applicant, the County and the officers, employees and agents of the applicant and the County, as co insureds. The minimum limits on said insurance shall be not less than One Million Dollars ($1,000,000) for injuries, including wrongful death, to any one person, and in an amount not less than Three Million Dollars ($3,000,000) for any one accident; and property damage in an amount not less than Five Hundred Thousand Dollars ($500,000).
(Amended by Ord. No. 3167, effective 8-8-96.)
4-03-1220 SHOWING REQUIRED:
An applicant for a License who is not already licensed under this Article to serve the Service Area or portion thereof shown on the map submitted with the application, shall show, to the satisfaction of the Board, that he meets all the requirements of this Chapter, and also whether:
(a) The defined Service Area has been licensed to another; or
(b) The defined Service Area or portion thereof is presently being served by the person licensed to serve said area; or
(c) The defined Service Area or portion thereof is being adequately served by the person licensed to serve said area, and whether there is a substantial demand from customers within the area for a change of service to the area.
Any showing made pursuant to subsections (a), (b) or (c), shall not bind the Board to grant or deny the License or to issue a conditional License.
4-03-1225 COLLECTION VEHICLES AND EQUIPMENT:
(a) Every collection vehicle used by a Licensee for collecting and disposing of Solid Waste shall be kept clean on the inside and clean and well painted on the outside, and there shall be displayed on each side of each vehicle the business firm’s name and the words "Solid Waste Disposal License No.__" or "Refuse Disposal License No.__," in letters not less than four (4) nor more than twelve (12) inches in height. All such vehicles shall have metallic lined beds or metal containers, shall be watertight, and shall be equipped with adequate covers so that the Solid Waste will not be offensive and will not be blown or scattered from the truck. Solid waste shall be loaded on vehicles so that none of it falls, drops or spills upon the ground, and it shall be protected from wind and rain. A shovel, broom and fire extinguisher shall be kept on each vehicle at all times.
(b) This Section shall not apply to a city licensed hereunder to serve areas outside the boundaries of the city.
(Amended by Ord. No. 3167, effective 8-8-96.)
4-03-1230 ISSUANCE OF LICENSES: RESOURCE MANAGEMENT AGENCY DIRECTOR’S INVESTIGATION AND RECOMMENDATION:
The Resource Management Agency Director shall review all applications for licenses and make such investigation and audits of an applicant’s books as he deems necessary and appropriate. Upon the basis of the application, evidence submitted and results of any investigations and audits, the Resource Management Agency Director shall make a finding on the qualifications of the applicant under this Chapter, any rules and regulations adopted hereunder, State and Federal law, and whether additional service or equipment should be provided. On the basis of his or her findings, the Resource Management Agency Director shall recommend to the Board whether or not the application should be granted and any conditions on which the License should be issued.
4-03-1235 NOTICE AND HEARING ON APPLICATION:
The Resource Management Agency Director shall, with the approval of the Clerk of the Board, establish a date for a hearing before the Board on the issuance of the License within a reasonable time after the filing of the application. The Resource Management Agency Director shall give written notice of the time and place of the hearing to the applicant and to any existing Licensee if the application proposes to include any Service Area or portion thereof presently licensed to an existing Licensee. He shall give further notice of the hearing on the application to the general public by publication as prescribed by Section 4-03-1077 of this Article.
(Amended by Ord. No. 3167, effective 8-8-96.)
4-03-1240 ACTION BY BOARD:
At the conclusion of the public hearing on the application for a License, the Board shall grant or deny the License. The Board may issue a License subject to conditions deemed by the Board, in its sole discretion, to be necessary to carry out the provisions of this Chapter. If, by reason of such public hearing, the Board determines that the defined Service Area or portion thereof is not presently being served by the person licensed to serve said area, or the defined Service Area or portion thereof is not being adequately served by the person licensed to serve said area and where there is a substantial demand from customers within the area for a change of service to the area, the Board may, upon granting the License to the applicant, amend or modify the License of the present Licensee so as to exclude said area from the present Licensee’s Service Area. Such amendment or modification of a License may be made without complying with Section 4-03-1285 of this Article.
4-03-1245 LICENSE: FEES:
All licenses shall be issued by the Tax Collector upon order of the Board. The Board shall adopt, from time to time by resolution, fees to be paid by Licensees in the amount and at the time specified by such resolution. Failure to pay such fees to the Tax Collector in the manner and at the time prescribed by such resolution shall result in the revocation of his or her License and shall thereafter apply for a new License in full compliance with all of the provisions of this Chapter if he or she desires to secure a new License.
4-03-1250 RATE APPROVAL:
The Board shall approve, disapprove or modify the proposed schedule of Customer charges submitted with the application for a License. All rates shall be reasonably related to the costs of doing business, to a fair profit to the Licensee, and to providing sufficient and proper service to the public. In determining whether such rates are reasonable, the Board may consider the length of haul, types of Solid Waste collected, stored or transported, the number, types and locations of customers served, the investment in equipment and facilities, the local wage scales, the cost of disposal, and any other factor deemed by the Board to be relevant to the cost of doing business, to a fair profit to the Licensee, and to providing a sufficient and proper service to the public.
(Amended by Ord. No. 3167, effective 8-8-96.)
4-03-1255 CHANGES IN RATES:
(a) Every Licensee, prior to filing an application for rate increase or decrease with the Board of Supervisors, shall give written notice to each Customer within its Service Area of the Licensee’s intent to apply for a rate increase or decrease with the Board of Supervisors, unless a waiver of notice is first obtained from the Board of Supervisors. The notice shall set forth the proposed schedule of rates and effective date for the revised rates. An application for a rate increase or decrease shall be accompanied by proof of service of the notice required by Section 4-03-1255 and shall be filed with the Resource Management Agency Director who shall, with the approval of the Clerk of the Board, establish a date for a hearing before the Board on the issue of the rate increase or decrease within a reasonable time after the filing of the application. The Resource Management Agency Director shall give written notice of the time and place of the hearing to the applicant and notice of the hearing on the rate increase or decrease to the general public by publication as prescribed by Section 4-03-1077 of this Article.
(b) Prior to the hearing the Resource Management Agency Director may conduct an investigation of any proposed rate increase or decrease, including an audit of a Licensee’s books. Upon completion of his or her investigation, the Resource Management Agency Director shall make a report and recommendation to the Board regarding the proposed rate increase or decrease.
(c) After said hearing the Board shall approve, disapprove or modify a proposed rate change based on the same standards stated in Section 4-03-1250 of this Article and on proposals for additional, better or more comprehensive service to the Service Area.
(Amended by Ord. No. 3167, effective 8-8-96.)
4-03-1260 RATE DISCRIMINATION PROHIBITED:
It shall be unlawful for any Licensee to give any rate preference to any person, locality or type of Solid Waste collected, stored, transported, diverted or disposed. Nothing in this section is intended to prevent:
(a) The establishment of reasonable and uniform classes of rates based upon length of haul, type of Solid Waste collected, stored, transported, diverted or disposed of, or the number, type and location of customers served, or upon other factors so long as such rates are reasonably based upon costs of the particular service and are approved by the Board in the same manner as other rates.
(b) Any Licensee from providing service for a charitable, community, civic or benevolent association without a fee or at reduced rates.
(Amended by Ord. No. 3167, effective 8-8-96.)
4-03-1265 SPECIAL LICENSES:
(a) If the Board finds that a Licensee cannot provide adequate service to specific customers, or to certain groups or types of customers, or for particular types or unusually large quantities of Solid Waste, the Board may issue a special License to another person for the purpose of providing adequate service to the Customer, group or type customers, or for the particular type or unusually large quantities of Solid Waste.
(b) It shall be unlawful for any person to collect, store, transport or dispose of any Solid Waste for profit in any area of the County not within a designated Service Area without first applying for and being granted a special License pursuant to Sections 4-03-1210 through 4-03-1285 of this Article. References therein to "Service Area", for purpose of this subsection only, shall mean the route or area proposed to be served by the applicant for the special License.
(Amended by Ord. No. 3167, effective 8-8-96.)
4-03-1270 TEMPORARY LICENSES:
If the Board finds that the need for service to a Service Area, or portion thereof, or to specific customers justifies action before a complete investigation and final determination can be made pursuant to this Article, the Board may issue a temporary License, which shall be valid only for a stated period, not to exceed six (6) months. Such licenses may be issued without complying with the provisions of this Article governing notice and hearing.
4-03-1275 RESPONSIBILITY OF LICENSEE:
In addition to other requirements of this Chapter, each Licensee shall:
(a) Commence providing required service and facilities within thirty (30) days after the date of issuance of the License unless the Board extends the time upon the showing of reasonable grounds by the Licensee.
(b) Not discontinue service to the Service Area or any portion thereof without giving at least ninety (90) days written notice of the proposed discontinuance of service to the Resource Management Agency Director and to each Customer affected prior to discontinuing said service.
(c) Provide collection service, at least once a week, within the entire Service Area or portion thereof that he is licensed to serve.
(d) Annually provide financial and customer service records in the nature and form requested by the Resource Management Agency Director pertaining to the Service Area served.
(e) Implement waste diversion programs in accordance with the County Source Reduction and Recycling Element as such programs pertain to the Licensee. Licensee shall divert from Disposal at least 35% of the total waste they collect from their Service Area. The following formula shall be used to calculate Licensee’s diversion percentage:
Diversion Percentage = Total Diversion (A+B+C) ˜ Total Generation (A+C+D+E+F)
Where A = Total tons delivered to a Waste to Energy facility (not to exceed 10% of total waste generated in the Service Area).
Where B = Net recycled (Gross recycled less Residuals).
Where C = Total Greenwaste.
Where D = Total waste landfilled in a County landfill.
Where E = Total waste transferred to a non-County landfill.
Where F = Gross recycled.
(f) Provide monthly records to the Resource Management Agency Director demonstrating to the satisfaction of the Resource Management Agency Director compliance with the waste diversion programs within the County Source Reduction and Recycling Element.
(g) Compliance with any necessary County special use permit requirements.
(h) Payment of all County charges are due ten days after the end of each month, otherwise;
(1) The applicant-entity liable for any gate fee account balance remaining unpaid 15 days after the close of the month shall be notified by registered mail that their account privileges will be terminated if the delinquent balance and the current month’s ending balance are not paid in full by the 10th of the following month.
(2) If said balances are not paid in full by the designated 10th of the following month, all gate fees thereafter incurred by the applicant-entity holding the account privileges shall, at the discretion of the Resource Management Agency Director, be paid in cash upon delivery of the waste to the landfill. The applicant-entity holding the account privileges may, at the discretion of the Resource Management Agency Director, be prohibited from depositing Solid Waste at any County owned landfill until said balances are paid in full.
(3) Any month-end gate fee balance not paid in full 10 days after the close of the month shall incur a late fee in the amount of 1.5% per month of the unpaid balance for any applicant-entity holding account privileges who are placed on a cash only basis or prohibited from depositing waste at County owned landfills.
(4) The Resource Management Agency Director shall exercise his or her discretion to take any and all lawful steps necessary to collect any delinquent balance remaining unpaid after the designated 10th of the following month, including, but not limited to, filing a civil complaint on behalf of the County in a court of proper jurisdiction.
(5) Upon curing a delinquency, the applicant-entity may re-apply for gate fee account privileges, which application shall be denied or granted, with or without conditions, as the Resource Management Agency Director, in his or her sole discretion, sees fit.
(i) Ensure proper identification on all Collection Vehicles and Containers that accurately identify the Licensee.
(Amended by Ord. No. 3167, effective 3167, effective 8-8-96.)
4-03-1285 SUSPENSION, MODIFICATION OR REVOCATION OF LICENSES:
(a) The Resource Management Agency Director shall, upon reasonable cause, make appropriate investigations to determine if there has been a violation of this Chapter, any rules and regulations adopted thereunder, or State or Federal law; or if the Licensee misrepresented a material statement of facts in the application for a License; if the Service Area designated by the License or portion thereof is not being adequately served by the person licensed to serve said area and there is a substantial demand from customers within the area for a change of service to the area; or for other good cause adversely affecting the public health, safety or welfare. If, in the opinion of the Resource Management Agency Director, there is sufficient evidence to constitute such a violation or cause, the Resource Management Agency Director shall give the Licensee written notice of the alleged violation or cause, the measures that are to be taken to correct the violation or cause, and the time in which the corrective measures must be completed. If the Licensee is unable or refuses to correct the violation or cause as ordered by the Resource Management Agency Director, the Resource Management Agency Director shall forthwith give written notice to the Licensee directing him to appear before the Board at a stated time and place and show cause why the License should not be suspended, modified or revoked. The Resource Management Agency Director shall also give notice of the hearing to the general public by publication as prescribed by Section 4-03-1077 of this Article.
(b) At the time fixed in said notice, the Board shall hear the testimony of the Resource Management Agency Director, the Licensee and other interested persons who may be present and desire to testify concerning the alleged violation or cause and any other matter which the Board deems pertinent thereto. Upon the conclusion of said hearing the Board may dismiss the hearing or the Board may suspend, modify or revoke a License upon finding:
(1) That the Licensee violated any of the provisions of this Chapter, any rules or regulations adopted thereunder, or State or Federal law; or
(2) That the Licensee misrepresented material statements of facts in the application for a License; or
(3) That the Service Area or portion thereof designated by the License is not being adequately served by the person licensed to serve said area and there is a substantial demand from customers within the area for a change of service to the area; or
(4) Other good cause which, in the determination of the Board, adversely affects the public health, safety or welfare. The Board shall give written notice to the Licensee of its findings and its orders pursuant to this Section.
(5) Evidence of non-compliance with any necessary County special use permit requirements.
(c) In lieu of the immediate suspension, modification, or revocation of a License, the Board may order compliance and make suspension, modification or revocation contingent upon failure to comply with the order within a time stated in said order.
(Amended by Ord. No. 3167, effective 8-8-96.)
ARTICLE 6. CUSTOMER SERVICE AND SERVICE TERMINATION
4-03-1310 CUSTOMER SERVICE AND ACCESSIBILITY:
Licensee shall maintain and provide to all Customers a local or toll free telephone number for Customer service, and shall provide all telephonic services in both English and Spanish. Licensee shall install and maintain telephone equipment, and shall have on staff a sufficient number of dedicated service representatives to handle the volume of calls typically experienced on the busiest days. Such dedicated Customer service representatives shall be available to answer calls from 8 a.m. to 5 p.m., Monday through Friday. Licensee shall also maintain an after-hours telephone message system to record calls received outside Licensee’s normal business hours. Licensee shall provide the County a means of contacting a representative of the Licensee on a twenty-four (24) hour basis.
(Added by Ord. No. 3167, effective 8-8-96.)
4-03-1315 CUSTOMER COMPLAINT LOG:
Licensee shall maintain a written log of all oral and written service complaints registered with Licensee from Customers within County ("Complaint Log"). Licensee shall be responsible for prompt and courteous attention to, and prompt and reasonable resolution of, all Customer complaints. Licensee shall record in the Complaint Log all written and oral complaints, noting the name and address of complainant, date and time of complaint, nature of complaint, identity of supervisor, and nature and date of resolution. County has the right to inspect the Complaint Log upon written request. Unless the County provides Licensee with express written authorization for its disposal, such log shall be retained by Licensee for three (3) years.
(Added by Ord. No. 3167, effective 8-8-96.)
4-03-1320 RESOLUTION OF COMPLAINTS:
Licensee shall respond to all Customer complaints within twenty-four (24) hours, Saturdays, Sundays, and holidays excluded. Licensee shall make every reasonable effort to resolve all complaints within five (5) working days, with the exception of missed Customer pick ups. If a complaint involves a missed pick up of Solid Waste, Recyclables, or Green Waste provided by the Customer for Collection in accordance with County Ordinances, Licensee shall Collect the Solid Waste, Recyclables, or Green Waste in question by the following day.
(Added by Ord. No. 3167, effective 8-8-96.)
4-03-1325 TERMINATION OF SERVICE TO CUSTOMER:
A Licensee may terminate collection service to any premises if the owner refuses to pay for the service in accordance with the rates approved by the Board, or for other reasons as may be established under rules and regulations adopted by the Board; provided, however, in no event shall the Licensee terminate said service without first notifying, in accordance with Section 4-03-1076, any person occupying the premises and the owner of the premises in writing of the Licensee’s intention to terminate service and the reason for said termination not less than fourteen (14) days prior to the specified date of the termination of service and that the person may appeal, in writing, the termination not less than seven (7) days prior to the date of termination to the Resource Management Agency Director.
4-03-1330 OBJECTION TO TERMINATION:
Any objections as to termination of service shall be submitted in writing by the owner or occupant of the subject premises to the Resource Management Agency Director. If an objection to termination of service is received by the Resource Management Agency Director prior to the date for termination of service, the termination of service shall be stayed pending a final decision on the objection to termination of service. If service has already been terminated at the time a written objection to the termination of service is received by the Resource Management Agency Director, service need not be resumed unless ordered by a final decision and/or in accordance with Section 4-03-1320 of this Chapter. The Resource Management Agency Director shall investigate any objection and render a decision in writing. Such decision shall be final unless appealed in writing to the Board of Supervisors in accordance with Section 165 of the Ordinance Code of Tulare County.
4-03-1335 RESUMPTION OF SERVICE: DEPOSITS:
If service is terminated due to delinquent payment of service charges, services may not be resumed until past delinquencies are paid in full and a deposit in the amount established by the Board of Supervisors by resolution has been made by the occupant or owner of the premises. Deposits under any circumstances shall not exceed the equivalent of one month’s bill.
ARTICLE 7. JUDICIAL REVIEW
4-03-1350 BOARD DECISION FINAL: JUDICIAL REVIEW:
(a) BOARD DECISION FINAL: The determination and decision by the Board on an appeal of a Resource Management Agency Director decision under Section 4-03-1080 of Article 1, the determination and decision by the Board on a permit or on any conditions to a permit appealed to the Board under Article 4, the determination and decision by the Board after the conclusion of any public hearing required by Article 5, and the determination and decision by the Board on an appeal of any decision on the termination of service to a Customer under Article 6 shall be final.
(b) WAITING PERIOD FOR RENEWED APPLICATION OR REQUEST: An applicant or Licensee may not submit an application for the same or a portion of the same Service Area determined adversely to him pursuant to Article 5, and a Licensee may not submit a new request for an increase or decrease in the same class of rates determined adversely to him pursuant to Article 5, for a period of six (6) months after said determination has been made, unless the Board finds that the public interest requires reconsideration of the matter within a shorter period of time.
(c) JUDICIAL REVIEW OF DECISION: Judicial review of a final decision of the Board of Supervisors shall be made pursuant to Section 1094.6 of the Code of Civil Procedure of the State of California. The method of judicial review, the time limits for judicial review, and all of the other provisions of said Section 1094.6 shall govern such judicial review. When giving written notice to the applicant, Licensee or any interested party of the Board’s final decision, the Board of Supervisors shall provide notice that the time within which judicial review must be sought is governed by said Section 1094.6.
(Amended by Ord. No. 3167, effective 8-8-96.)
ARTICLE 9. VIOLATIONS
4-03-1400 VIOLATIONS:
(a) Any person violating any of the provisions of Sections 4-03-1135, 4-03-1200 and 4-03-1265 of this Chapter shall be guilty of a misdemeanor and shall be punishable as provided in Section 125 of this Ordinance Code. Any person or entity guilty of such a violation shall be deemed guilty of a separate offense for each and every day such violation is committed, continued or permitted.
(b) Any person violating any of the provisions of Sections 4-03-1130, 4-03-1131, 4-03-1140, 4-03-1145, 4-03-1150, and 4-03-1260 of this Chapter shall be guilty of an infraction and shall be punishable as provided in Section 125 of this Ordinance Code. Any person or entity guilty of such a violation shall be deemed guilty of a separate offense for each and every day such violation is committed, continued or permitted.
(Amended by Ord. No. 3167, effective 8-8-96.)
ARTICLE 10. RECYCLING AND DIVERSION OF CONSTRUCTION AND DEMOLITION DEBRIS.
4-03-1500 DECONSTRUCTION AND SALVAGE AND RECOVERY:
Recovered and salvaged designated recyclable and reusable materials from the Deconstruction phase shall be counted towards the diversion requirements of this Chapter.
(Added by Ord. No. 3321, effective 01-24-06)
4-03-1505 DIVERSION REQUIREMENTS:
(a) One hundred percent (100%) of Inert Solids and at least fifty percent (50%) by weight of the remaining Construction and Demolition debris resulting from the project shall be diverted to an approved facility or by salvage.
(b) For each Covered Project, the diversion requirements of this Chapter shall be met by submitting and following a C&D Debris Recycling and Reuse Plan that includes the following:
(1) Deconstructing and salvaging all or part of the Structure as practicable, and
(2) Directing one hundred percent (100%) of Inert Solids to reuse or recycling facilities approved by the County, and
(3) Collecting (Source Separated or commingled) non-inert materials, such as cardboard and paper, wood, metals, Green Waste, new gypsum wallboard, tile, porcelain fixtures, and other easily recycled materials, and directing them to recycling facilities approved by the County and taking the remainder (but no more than 50% by weight) to a facility for disposal.
The Applicant for any Covered Project shall make reasonable efforts to ensure that all Construction and Demolition waste diverted or landfilled are measured and recorded using the most accurate method of measurement available. To the extent practical, all Construction and Demolition debris shall be weighed by measurement on scales that are in compliance with all regulatory requirements for accuracy and maintenance.
Although it may not be an explicit condition of the building permit, Contractors working on Non-Covered Projects are encouraged to divert material from Construction and Demolition projects to the maximum extent practicable in accordance with this Chapter.
(Added by Ord. No. 3321, effective 01-24-06)
4-03-1510 PROJECTS EXEMPT FROM THIS CHAPTER:
(a) Emergency demolition required to protect the public health, safety or welfare.
(b) County-sponsored demolition of a substandard Structure or construction required to protect public health or safety in an emergency.
(c) Projects in any single-family residential district, which consist solely of a swimming pool.
(d) Projects for which only a plumbing permit, electrical permit or mechanical permit is required.
(e) A project for which a valid building permit has been lawfully issued by the County prior to the effective date of this Chapter.
(f) A project of County public construction for which the notice inviting bids has been published prior to the effective date of this Chapter.
(Added by Ord. No. 3321, effective 01-24-06)
4-03-1515 SUBMISSION AND REQUIRED CONTENTS OF C&D DEBRIS RECYCLING AND REUSE PLAN:
(a) Prior to issuance of permit, every Applicant for building or demolition permits involving any Covered Project shall complete and submit a properly completed C&D Debris Recycling and Reuse Plan to the Building Official, unless a C&D Debris Recycling and Reuse Plan for the project is already on file with the Resource Management Agency, and within 30 days following project completion.
(b) A C&D Debris Recycling and Reuse Plan must contain all of the following information:
(1) The name and address of the person applying for the permit.
(2) Unless waived by the Building Official or designee, evidence that the owner or owners of the subject property acknowledge that they are aware of and understand that a violation of any provision of this Chapter may result in the imposition of penalties and that any unpaid penalties imposed may be declared a lien on the subject property.
(3) A description of the project, including location, scope, required permit(s) and estimated timeline for completion of the project.
(4) The intended salvage, reuse and recycling facilities, chosen from a list of facilities approved by the County, to use, collect or receive all construction and/or demolition debris from the project.
(5) The names and addresses of all vendors and facilities proposed to be used to collect, receive, dispose, recycle, reuse or salvage the project C&D debris.
(6) The recycling or reuse percentage rate, as applicable, of each vendor and facility proposed to be used to recycle or reuse the project C&D debris.
(Added by Ord. No. 3321, effective 01-24-06)
4-03-1520 EVIDENCE OF COMPLIANCE WITH C&D DEBRIS RECYCLING AND REUSE PLAN:
(a) A C&D Debris Recycling and Reuse Plan shall be approved or denied no later than thirty (30) days after a complete application is made.
(b) Notwithstanding any other provision of this Chapter, no permit shall be issued for any Covered Project unless and until the C&D Debris Recycling and Reuse Plan has been approved.
(1) All of the information has been remitted on the C&D Debris Recycling and Reuse Plan.
(2) The C&D Debris Recycling and Reuse Plan establishes a mechanism such that the diversion requirement shall be met.
(c) If the Solid Waste Manager determines that the C&D Debris Recycling and Reuse Plan application is incomplete or fails to indicate that one hundred percent (100%) of Inert Solids and at least fifty percent (50%) by weight of all Construction and Demolition debris generated by the Project will be reused or recycled, he or she shall either:
(1) Return the C&D Debris Recycling and Reuse Plan application to the Building Official marked "Denied", including a statement of reasons, which shall then immediately stop processing the building or demolition permit application, or
(2) Return the C&D Debris Recycling and Reuse Plan to the Building Official marked "Further Explanation Required".
(d) Within 30 days following project completion, a final compliance report containing the following information and documentation must be submitted to the Building Official, listing every vendor or facility that collected, transported or received any C&D debris.
(1) Copies of receipts from every vendor or facility that collected, transported or received any project C&D debris. Each receipt must specify the weight of any project C&D debris handled by the vendor or facility and must clearly demonstrate that all such C&D debris originated from the project site.
(2) A calculation of the actual percentage, determined by weight, of project C&D debris that was recycled or reused for each vendor or facility that collected, transported or received material.
(3) A description of the manner in which the project C&D debris was recycled or reused and the name and address of all vendors and facilities employed in the recycling or reuse of project C&D debris, including the recycling or reuse rate of each vendor or facility, as applicable.
(f) Failure to accurately account for and submit the required documentation for all project C&D debris in the final compliance report constitutes a violation of this Chapter.
(Added by Ord. No. 3321, effective 01-24-06)
4-03-1525 DIVERSION REQUIREMENT EXEMPTION:
(a) Application: If an Applicant for a Covered Project experiences circumstances that the Applicant believes make it infeasible to comply with established Diversion Requirements, the Applicant may request, in writing, an exemption from one or all of the waste diversion requirements during the building permit process.
(b) Meeting with Solid Waste Manager: The Solid Waste Manager, or designee, shall review all exemption request information supplied by the Applicant and may meet with the Applicant to assess alternative ways of meeting waste diversion requirements. Based on the information supplied by the Applicant, the Solid Waste Manager, or designee, shall determine whether it is possible for the Applicant to meet any or all of the Diversion Requirements of the project.
(c) Granting of Exemption: If it is determined that it is infeasible for the Applicant to meet all of the diversion requirements specified herein, the Solid Waste Manager, or designee, shall determine alternate permit conditions and the Building Official will inform the Applicant, in writing, of any such alternative requirements.
(Added by Ord. No. 3321, effective 01-24-06)
4-03-1530 ON-SITE PRACTICES:
During the term of the Covered Project, the Applicant shall according to the Applicant’s C&D Debris Recycling and Reuse Plan recycle, reuse or divert the required percentages of waste, and keep records of the tonnage. To the maximum extent feasible, project waste shall be Source Separated on-site to increase diversion.
(Added by Ord. No. 3321, effective 01-24-06)
4-03-1535 REPORTING:
(a) Progress reports during construction may be required.
(b) All documentation is subject to verification by the County.
(c) It is unlawful for any person to submit documentation to the County under this Chapter which that person knows to contain any false statements, including but not limited to, false statements regarding tonnage of materials recycled or diverted.
(Added by Ord. No. 3321, effective 01-24-06)
4-03-1540 ENFORCEMENT:
The Resource Management Agency Director shall administer this Chapter and shall enforce the requirements of this Chapter, including but not limited to, the authority to order that work be stopped where any work is being done contrary to the provisions of this Chapter.
(Added by Ord. No. 3321, effective 01-24-06)
4-03-1545 VIOLATIONS AND PENALTIES:
(a) Any person violating any of the provisions of Article 10 shall be guilty of an infraction and shall be punishable as provided in Part 1, Chapter 23 (Section 1-23-1000 et. seq.) of this Ordinance Code. Each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of this Article is committed, permitted or continued by such person and shall be punishable therefore as provided herein above.
(b) If the RMA Director determines that a project is in violation of the requirements of Section 4-03-1510, the Director may impose an administrative penalty equal to $100 for every ton or fraction of a ton of Construction and Demolition Debris that was not recycled or reused as required.
(c) The RMA Director may withhold the approval of any and all C&D Recycling and Reuse Plans submitted by the responsible person on any Covered Project(s) until the applicable administrative penalty has been paid.
(d) The total of administrative penalties imposed for a project under this Chapter may not exceed fifteen percent (15%) of the value of the project, as described in the Permit application(s), or $50,000, whichever is more.
(Added by Ord. No. 3321, effective 01-24-06)
4-03-1550 APPEAL:
(a) Except as herein provided, all appeals of decisions made by the Building Official or the Solid Waste Manager, or designee, on matters set forth in this Chapter shall be subject to the provisions of Section 165 of this Ordinance Code.
(b) Within ten (10) calendar days after the date on which written notice of the decision is mailed or delivered to the owner, Applicant or other interested party, the owner, Applicant, other interested party or his or her authorized agent may appeal to the Board of Supervisors for review of the decision. The decision shall be final unless such an appeal is filed within ten (10) calendar days of the mailing or delivery of notices to the Applicant.
(c) At the time of filing the appeal, the appellant shall pay a fee in an amount adequate to cover the cost of processing and hearing the appeal as established from time to time by resolution of the Board of Supervisors.
(Added by Ord. No. 3321, effective 01-24-06)