Chapter 3.28
SOLID WASTE MANAGEMENT FEES
Sections:
3.28.040 Solid waste management fee.
3.28.010 Purpose and intent.
The purpose of this section is to establish and collect fees as authorized by Sections 41901 and 41902 of the Public Resources Code in order to fund the reasonable and necessary costs incurred by the city of Fortuna in the preparation, maintenance, adoption and implementation of the waste management plan mandated by Section 40000 et seq. of the Public Resources Code, and in the operation of the waste management system carried out as a result of that plan.
It is the intent of this section and of the city to achieve these purposes in the most cost-effective manner possible, while continuing to reduce the amount and toxicity of solid waste generated in the city.
It is the further intent of the city to establish and collect such fees as are necessary to recover the full and complete costs associated with providing solid waste management services. (Ord. 2000-627 § 2).
3.28.020 Definitions.
A. Unless otherwise stated, the terms used in this section shall have the same meaning as provided by the definitions set forth in Section 17225 of Title 14, California Code of Regulations and the appropriate subsections of Division 30, Part 1, Chapter 2, California Public Resources Code.
B. “City” means the city of Fortuna.
C. “City manager” means the city manager or a designated representative thereof.
D. “Refuse collector” or “collector” means the person or entity within the county of Humboldt engaged in the business of collecting or transporting solid waste for the purpose of disposal.
E. “Solid waste” as used in this section shall mean all putrescible and nonputrescible solid, and semisolid wastes; including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. “Solid waste” does not include hazardous, low-level radioactive, or medical waste. “Solid waste” as herein defined shall not include materials source-separated by the generator for the purpose of recycling, reuse, repair or composting.
F. “Transfer station” means a facility utilized to receive solid wastes and to temporarily store, separate, convert, or otherwise process the materials in the solid wastes and/or to transfer the solid wastes directly from smaller to larger vehicles for transport. (Ord. 2000-627 § 2).
3.28.030 Collection of fee.
The solid waste management fee shall be collected by Eel River Disposal & Resource Recovery, Inc., for all solid waste that enters Eel River Disposal & Resource Recovery, Inc.’s transfer station located at 965 Riverwalk Drive. Such fee shall be included in and considered to be part of the disposal rate charged by refuse collectors for the provision of services. (Ord. 2000-627 § 2).
3.28.040 Solid waste management fee.
The solid waste management fee shall be set by resolution. (Ord. 2000-627 § 2).
3.28.050 Payment of fees.
A. The solid waste management fee shall become due and payable by Eel River Disposal & Resource Recovery, Inc., on the first day of each month for the money collected the preceding month. Payment shall be accompanied by a statement from Eel River Disposal specifying and certifying as to the total amount of tonnage collected or received during the preceding month at the transfer station. Such information shall include the origination of the waste.
B. Documentation substantiating the tonnage upon which the solid waste management fee is collected shall be maintained by Eel River Disposal & Resource Recovery, Inc., for a period of three years and submitted, upon three days’ written notice, for review by the city manager.
C. Upon receipt of a minimum of three days’ written notice, Eel River Disposal shall provide access to the city manager for the purpose of reviewing the procedures for determining or measuring the tonnage collected, or received at the transfer station in order to verify the accuracy of the submitted data.
D. In the event that the city manager, following a review as described in subsection (C) of this section, determines that the accuracy of the submitted data cannot be verified, the city manager and Eel River Disposal shall mutually agree to an alternative procedure for determining or measuring the tonnage collected, or received at the transfer station, in order to ensure the accuracy of such data.
E. Failure to implement or to adhere to a verifiable measuring procedure after a reasonable period of time, to the satisfaction of the city manager, shall result in the referral of the disputed collections for review to an independent auditor. Costs for such an audit shall be borne by the losing party.
F. In the event that an independent audit determines that funds due the city under this section have not been paid in a timely manner, such amounts shall be determined to be delinquent, and shall be subject to penalties as specified in subsection (H) of this section.
G. Fees which are not remitted to the city within 20 days following the due date provided in this part are delinquent.
H. In the event fees owed are not received by the city by the twentieth day following the due date, the collector or operator shall pay a late fee of one and one-half percent of the delinquent amount per month. The city shall not be obligated to notify the collector or operator of the accumulation of penalties owed. (Ord. 2000-627 § 2).
3.28.060 Failure to comply.
Any refuse collector who fails to comply with the provisions of this chapter shall be cited for such violation. (Ord. 2000-627 § 2).