The URL can be used to link to this page

Home My WebLink AboutMINUTES - 09131988 - 2.5 TO BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel Oxtra Costa DATE: September 7, 1988 r^" SUBJECT: Ordinance Requiring Franchise or Agreement for Solid Waste Facilities SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATION 1 . Accept proposed ordinance prepared by the County Counsel which would require a franchise be obtained from (or in lieu thereof an equivalent agreement entered with) the County before 'any new solid waste disposal site facility or transfer station could be established in the unincorporated area. 2 . Introduce ordinance, waive reading and fix September ,20, 1988 as the date for further consideration of the ordinance and its possible adoption. FINANCIAL IMPACT None. Any County cost incurred in processing franchise or equivalent agreement applications could be recovered, as part of any negotiated franchise or agreement arrangement. ' REASONS FOR RECOMMENDATION/BACKGROUND Earlier this year, `the County's Solid Waste Commission received copies of a Ventura County Ordinance (No. 37-88) that requires operators of proposed solid waste facilities to enter a non-exclusive franchise or, in lieu thereof, a contract with that County as a prerequisite to operating such facilities . The Contra Costa County Counsel sees legal merit in this County adopting an ordinance similar to Ventura's ordinance. The proposed ordinance (see attached) will provide additional authority for the Board's regulation of new landfill sites ,and transfer stations . In particular, the ordinance will enhance the County's authority to regulate tipping fees, generate funding for off-site solid waste education, related programs (e.g. , inspection, etc. ) and procedures for the use of collected fees . The proposed ordinance contains exemptions similar to Ventura' s ordinance for the existing Richmond Sanitary, Martinez, ACME Fill and Garaventa Antioch solid waste operations and for ';any County approved short-term interim transfer stations : VJW/jh CONTINUED ON ATTACHMENT: ` YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON SeRtember 13, 1988 APPROVED AS RECOMMENDED X OTHER X Also, DIRECTED that the ordinance be referred to the Solid Waste Commission for review. VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TARN AYES: I, II, IV, V NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: III OF SUPERVISORS ON THE DATE SHOWN. cc: Community Development ATTESTED Solid Waste COmmlSSlOn, Via CDD PHIL BATCHELOR, CLERK OF THE BOARD OF County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR County Administrator M382/7-83 BY ,DEPUTY is ORDINANCE NO. 88- (Solid Waste Disposal Facility and Transfer Station Agreements) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code); : SECTION I . SUMMARY. Chapter 418-5 is added to the County Ordinance Code to require a franchise from, or contract with the County for the operation of a solid waste disposal facility or ;a transfer/processing station. .SECTION II . Chapter 418-5 is added to the County Ordinance Code, to read: Chapter 418-5 FRANCHISES FOR SOLID WASTE FACILITIES Article 418-5 . 2 General i. 418-5 . 202 Authority. This chapter is enacted, in part, pursuant to the authority granted by Health and Safety Code §x ;4200 et seq. , Government Code § 66757 and the Constitution of the State of California. (Ord. 88- § 2 . ) r 418-5 . 204 Other laws and regulations. Compliance with this chapter does not waive or excuse compliance with all other applicable provisions of this code, county ordinances and state; or federal laws and regulations . (Ord. 88- 2 . ) Article 418-5 . 4 Definitions . 418-5 . 402 General . As used in this chapter, .the following words shall have the. meanings set forth in this article . (Ord. 88- § 2 . ) 418-5 . 404 Solid waste. "Solid Waste" means all putrescib'le and nonputrescible solid, semi-solid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial waste's , demolition and construction wastes , abandoned vehicles and partes thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes , and .other discarded solid and semi-solid wastes . (Ord. 88- § 2 . ) 418-5 .406 - . Solid waste disposal facility . "Solid waste disposal facility" means a public or private facility, site or .' location where the final disposal of solid waste occurs. (Ord. 88- § 2 . ) 418-5 . 408 Solid waste facility. "Solid waste facility" includes a solid waste disposal facility and a solid waste transfer/processing station. (Ord. 88- § 2 . ) (Page 1 of 3 ) t ., 418-5 . 410 Transfer/processing station. "Transfer/processing station" includes those facilities utilized to receive solid wastes , temporarily store, separate, convert, or otherwise process the materials in the solid wastes, or to transfer the solid wastes directly from smaller to larger vehicles for transport. "Transfer/processing station" or "station" does not include any of the following: (a) A facility, whose principal function is to receive, store, separate, convert, or otherwise process in accordance with state minimum standards , manure. (b) A facility, whose principal function is to receive, store, convert, or otherwise process wastes which have already been separated for reuse and are not intended for disposal . (c) The operations premises of a duly licensed solid waste handling operator who receives, stores, transfers, or otherwise' processes wastes as an activity incidental to the conduct of a refuse collection and disposal business in accordance with land! use approvals and health regulations . Pursuant to this subsection, no storing of more than 90 cubic yards of wastes in covered containers may be made during any 72-hour period on the involved premises and no transfers may be made of uncontainerized refuse from smaller, refuse hauling motor vehicles to larger refuse transfer motor vehicles for transport to the point of ultimate disposal. (Ord. 88- § 2 ; see Govt. C. § 66723. ) Article 418-5 .6 Franchise or Contract 418-5 .602 Requirement. Except as set forth herein in article 418-5 . 8, no person, partnership, firm, corporation or _ public entity shall establish, operate or carry on the business of a solid waste facility in the unincorporated area o,f this county unless, at the county' s sole option, either ( 1) a ;nonexclusive franchise has been granted therefor by the board in accordance with the provisions of Health and Safety Code section 4200 et seq. or (2 ) the board has entered into a contract or agreement with such partnership, firm, corporation or public entity to 'establish, operate or carry on the business of a solid waste facility. For the purposes of this section, an agreement includes a development agreement entered pursuant to Article 2 . 5 (§ 65864 et seq. ) of the Government Code. (Ord. 88- § 2 ; see Govt. C. § 66757. ) 418-5 .604 Agreement content. Any franchise, 'contract or agreement approved pursuant to this article shall , among other things, contain rules and regulations for the protection ,of the public health, safety and welfare and provide that the board may review, approve and control the rates to be charged customers by the solid waste facility' s owners and `ooer"_at_or_s . (Ord. 88- § 2 . ) Article 418-5 .8 Exceptions 418-5 . 802 Exception. Article 418-5 . 6 shall not apply to any solid waste disposal facility currently operating under a valid' land use permit issued by the board prior to August 31, 1988, or to any interim transfer/processing station currently approved for operation pursuant to a land use permit issued by the board prior to August 31, 1988. The exception provided by this section shall cease for any such issued permit upon its expiration, renewal or major modification. (Ord. 88- § 2 . ) ORDINANCE NO. 88- (Page 2 of 3) Article 418-5 .10 Violation 418-5 .1002 Misdemeanor . Any person, firm, partnership, corporation or public entity which violates the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof ; shall be punishable in accordance with chapter 14-8. (Ord. 88 § 2 . ) i, SECTION III . EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of the Supervisors voting for and against it in the a newspaper published in this County. PASSED on by the following vote: AYES.: NOES: ABSENT: ABSTAIN: ATTEST: Phil Batchelor, Clerk of the Board and County Administrator By Deputy Board Chair [SEAL] ORDINANCE NO. 88- (Page 3 of 3) r , i