Skip to main content
Loading…
This section is included in your selections.

(a) Authorization.

(1) The Board shall provide for the collection of refuse by any means authorized by Public Resources Code Sections 40057 through 40059.

(A) Persons engaged in the business of collecting, transporting or disposing of solid waste within the County shall be required to obtain a franchise or permit from the Franchise Contract Administrator.

(B) Source separated materials collectors shall be required to obtain a permit or franchise from the County. If a collection fee is charged for the collection of source separated materials, such services shall be regulated by nonexclusive franchise agreement with the County. If no collection fee is charged for such sources, they shall be regulated by permit.

(C) Persons engaged in the processing of source separated materials for diversion from disposal shall not be required to obtain a permit or franchise as otherwise required by this chapter, except as may be required by the State of California. Such persons shall be subject to the reporting requirements as defined under subsection (o)(2) of this section.

(D) Nonprofit community service organizations for which the primary function is neither the collection nor the processing of recyclable or compostable materials, such as youth groups, shall not be required to obtain a permit from the County for the purpose of collecting source separated materials.

(b) Hauling of Own Solid Waste and Source Separated Materials. Nothing in this chapter shall be interpreted to prevent an individual from carrying said individual’s solid waste or source separated materials to an approved public or private processing site, or to a disposal site for which a permit is in effect. An individual transporting such solid waste or source separated materials to such private or public solid waste or processing facility shall take all steps necessary to prevent the loss of any portion of the materials during transport. Such steps shall include the use of tarps or other means to prevent loss of debris from the vehicle. Persons hauling their own solid waste or source separated materials are required to meet the minimum removal frequencies of Sections 521-4(c) and (d), and the minimum standards of Section 521-1.

(c) Ownership and Control of Materials.

(1) Nothing in this chapter is intended to limit the right of any person to donate, sell, or otherwise dispose of his or her source separated materials.

(2) Solid wastes subject to collection by a refuse collector shall become the property of the refuse collector from such time as the collector takes possession of the wastes. Collector shall be deemed to take possession of solid wastes at the moment such wastes are deposited into the collection vehicle. Solid waste found to be contaminated with hazardous materials shall remain the property and responsibility of the generator.

(3) Source separated materials subject to collection by an authorized source separated materials collector, as specified by agreement, shall become the property of the authorized collection agent, from such time as the collector takes possession of the materials. Collector shall be deemed to take possession of materials at the moment such materials are deposited into the container at the centralized drop-off location, or into the collection vehicle. Unauthorized removal of source separated materials from designated collection locations is prohibited.

(A) Franchised haulers providing residential, commercial, or industrial organic waste collection services to generators subject to SB 1383 within the County’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the County to collect organic waste:

1. Identify the facilities to which they will transport organic waste unless otherwise designated by the County.

2. Transport source separated green container organic waste to a facility, operation, or activity that recovers organic waste as defined in Title 14 of the California Code of Regulations, Division 7, Chapter 12, Article 2 unless otherwise designated by the County.

3. Obtain approval from the County to haul organic waste, unless they are transporting source separated organic waste to a community composting site.

4. Nothing in this section shall preclude the Board of Supervisors from approving franchise agreements specifying disposal or processing at privately owned and lawfully permitted disposal or processing facilities.

(d) Minimum Standards for Collection of Solid Waste and Source Separated Materials. All collectors shall meet the minimum standards of Section 17301 of Title 14 of the California Code of Regulations, in addition to those otherwise required by this chapter, including the following:

(1) Collection.

(A) Each collector shall be responsible for the removal and disposal of all solid waste and/or source separated materials placed, spilled, or tracked on any road, street, alley or public place by collector’s equipment. If the collector fails to clean the same within four (4) hours after notice is served by the Franchise Contract Administrator, the Franchise Contract Administrator may cause such roads, streets, alleys, or public places to be cleaned at the expense of the collector.

(B) Collection of source separated materials shall not occur between the hours of 8:00 p.m and 5:00 a.m. Exceptions to this requirement may be granted on a case-by-case basis by the Franchise Contract Administrator.

(C) Each collector shall exercise care during loading, unloading and operation of equipment such that the noise level shall not be excessive. In no event shall the noise level exceed that allowed by contract or by California Motor Vehicle Code, whichever is less.

(D) In rural areas, collector shall not be required to travel upon private driveways to collect solid waste or source separated materials. Customers shall place their containers in a convenient location for removal within five (5) feet of the public roadway.

(E) Collector shall not be required to manually remove containers which exceed a laden weight of fifty (50) pounds.

(F) When hazardous road conditions are present due to snow, ice, slides or other reasons, the collector may, with the approval of the Franchise Contract Administrator, suspend collection in those areas affected. Special collections, at no additional charge, shall be made when road conditions permit.

(G) Any person who has entered into a contract with the County, or obtained a franchise for the collection and disposal or handling of solid waste or source separated materials, shall collect all solid waste or source separated materials offered or specified by franchise, except as provided in Section 523-1, as often as required so long as the customer pays bills promptly for such service. The franchise holder shall remove all solid waste or source separated materials from the premises in a sanitary manner.

(2) Emergency Collections – Solid Waste. Adequate provisions shall be made by any refuse collector who has an exclusive franchise agreement as authorized by Section 521-6 to make collections when solid waste has not been collected during the regularly scheduled trip. Special pickups for missed collections shall be made by the refuse collector when ordered by the Franchise Contract Administrator or requested by a customer.

The refuse collector shall be entitled to additional compensation in those cases where a pickup was previously attempted but no solid waste receptacle was found, or such receptacle was in no condition to be picked up.

(3) Special Collections – Source Separated Materials. Adequate provisions shall be made by any franchised collector to make collections when source separated materials have not been collected during the regularly scheduled trip. Special pickups for missed collections shall be made by the collector when directed by the Franchise Contract Administrator, or when requested by a customer.

The collector shall be entitled to additional compensation in those cases where a pickup was previously attempted but no source separated material was found, or such material was in no condition to be picked up.

(4) Collection Equipment. The following provisions shall apply to the equipment used by each refuse collector and source separated materials collector:

(A) Such equipment shall meet the standards set forth in Sections 17341 to 17345 of Title 14 of the California Code of Regulations.

(B) For servicing large, bulky dry loads, an open steel truck bed may be used provided adequate canvas or other covers are applied to restrict any loss of debris.

(C) For hauling ash and fish waste, transportation shall be in leakproof containers.

(D) Collection vehicles shall be made available for inspection as requested by the Department of Health and Human Services, Environmental Health Division.

(e) Nondiscarded Recyclables Collection. The Board may, with or without having invited bids therefor, enter into a nonexclusive franchise agreement with any responsible individual, association, firm, organization or other business entity, whether or not said entity is operated for profit, for the collection of nondiscarded recyclable materials within the County. Where such a franchise agreement has been entered into between the County and a franchisee(s) for the collection of nondiscarded recyclable materials as herein provided, said franchisee(s) shall be an authorized recycling entity for the County, as to those recyclable materials covered by the franchise agreement, for the franchise agreement term.

(f) Recyclables Collection Service.

(1) The Board may, through issuance of franchise agreements, establish recyclable materials collection programs available to persons, residences, businesses and institutions in the County for the purpose of providing for the orderly and regular collection of recyclable materials. Creation and operation of a recyclables collection program does not preclude the operation of certified recycling centers created pursuant to Division 12.1 of the Public Resources Code, commencing with Section 14500, or other provisions of State law.

(2) Recyclable materials for donation, sale, or collection by or to any person or entity other than the authorized recycling entity, may not be stored or transferred by use of the recycling containers described in this title, or any other containers used for recycling provided by the authorized recycling entity. Storage of recyclable materials at the designated collection location other than for pick-up by the authorized recycling entity as defined herein, is prohibited.

(g) Authorized Recycling Entity – Duties. The County-authorized recycling entity/entities must offer recyclable materials collection service to persons, residences, businesses and institutions within the franchise area requiring such services pursuant to the terms and conditions of any franchise agreement for such service. The Board may establish standards and regulations for the method and manner of collection of recyclable materials, collection service charges, and frequency of pick-up.

(h) Recycling Entity – Rights. The granting of any franchise agreement to collect recyclable materials shall confer upon the entity or entities to whom the franchise agreement is granted the right as an official authorized recycling entity of the County hereunder, during the term of the franchise agreement, to collect, transport, process and sell specified recyclable materials collected within the designated franchise area, as provided herein, and all provisions of this chapter applicable to the authorized recycling entity shall constitute and be part of any franchise agreement awarded thereunder.

(i) Wash Facilities. Any collector shall provide or have available wash facilities to wash solid waste and source separated materials collection equipment. All vehicles shall be kept in a clean and sanitary condition. All solid waste collection vehicles shall be steam cleaned, or equivalent, inside and out, at least once each week. Wastewater from washing the inside of packer bodies and bins shall be disposed of in compliance with Section 304(A) of the Uniform Plumbing Code, 1991 Edition (including subsequent revisions).

(j) Painting of Vehicles.

(1) Solid waste collection vehicles shall be numbered, and they shall have the refuse collector’s name and number of the vehicle painted in letters of a contrasting color at least four (4) inches high on each side of each vehicle and the number painted on the front and rear. The number shall be illuminated, and shall be visible from a distance of one hundred (100) feet.

(2) Source separated materials collection vehicles shall be numbered, and they shall have the collector’s name and number of the vehicle painted in letters of a contrasting color at least four (4) inches high on each side of each vehicle and the number painted on the front and rear.

(k) Parking of Vehicles. No collector shall use property in or adjoining that used or zoned for residential purposes for the parking, standing, washing, cleaning or storing of collection vehicles or equipment without the written approval of the Director of Public Works, the Planning Commission or the Board of Supervisors, or other appropriate agency as designated by the Board of Supervisors.

(l) Additional Requirements for Organic Waste Facilities and Commercial Businesses.

(1) Owners of facilities, operations, and activities that recover organic waste from generators subject to SB 1383, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon County request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the County shall respond within sixty (60) days.

(2) Community composting operators, upon County request, shall provide an estimate of the amount of organic waste collected from generators subject to SB 1383 anticipated to be handled at the community composting operation.

(3) Commercial businesses, including multifamily residential dwellings, subject to SB 1383 shall:

(A) Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting.

(B) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from gray container waste and the location of containers and the rules governing their use at each property.

(C) Provide or arrange access for County or its agent to their properties during all inspections, excluding entry to private residences.

(D) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to Title 14 of the California Code of Regulations Section 18984.9(c).

(m) Waste Stream Control.

(1) The County has the right, at its option, to control the collection, disposal and diversion of all waste, organic waste, and certain recyclables, generated within the unincorporated areas of the County, upon release of custody of ownership of the waste or recyclables by generator as follows:

(A) The County has the right to direct the waste stream to be disposed of at any solid waste facility or in any manner, respectively, the County may designate;

(B) The County has the right to direct the waste stream to be diverted to any transfer or processing station the County may designate;

(C) The County has the right to direct discarded recyclables collected by a franchise hauler to be processed at, or marketed to, a specific facility when in the best interest of the County and provided the collector would receive a reasonable, competitive market value for the recyclables; and

(D) The County has the right to direct the waste stream to be diverted to any designated source separated organic waste facility the County may designate.

(n) Compliance With Regulations. Each refuse and source separated materials collector shall comply with all laws, regulations, ordinances, and other requirements of the County of Humboldt, State of California, and the Federal government.

(o) Reporting.

(1) Each refuse collector shall submit to the County a written quarterly report containing the number of tons of solid waste collected, and such other information as specified by the franchise agreement. This report shall be submitted to the Franchise Contract Administrator. Quarterly solid waste reports shall be due by the fifteenth day of the second month following the end of each calendar quarter; specifically, May, August, November and February 15th.

(2) Each refuse collector, source separated materials collector, and processor shall submit to the County an annual written report containing the total quantity of recyclable and compostable material collected, processed and sold, and such other information as required by law or as specified by the franchise agreement or permit. Annual reports shall be due on the date specified by the franchise agreement or permit. Information required in this report may be compiled on a monthly or quarterly basis. Refuse collectors shall submit this report to the Franchise Contract Administrator. Materials collectors and processors shall submit this report to the Franchise Contract Administrator, or other permitting agency, as applicable. Annual diversion reports shall be due by February 15th for the prior calendar year.

(3) Collectors shall also supply additional information when requested by the County in order to assist the County in meeting its diversion goals, as specified by the California Integrated Waste Management Act of 1989 and other State or local laws.

(4) The County shall, when requested in writing by the refuse collector, source separated materials collector, or processor, protect the confidentiality of any and all information contained in reports which is specifically designated by the collector or processor as confidential and/or proprietary in nature, except such information that is required by law.

(5) Failure to comply with reporting requirements as required by law may be considered grounds for termination of collection contracts or permits.

(p) Container Requirements.

(1) All owners or occupants who have contracted with a franchised hauler shall be provided with containers for receiving and holding, without leakage or escape of odors, all refuse produced, created, deposited, or accumulated upon their premises, and all such refuse shall be deposited in such containers. Containers shall be at all times kept in good, useful and sanitary condition and shall be kept continuously closed except when material is being placed therein or removed therefrom and shall at all times be closed against the access of flies, rodents and other animals.

(2) Containers shall not be placed at the point of collection earlier than twelve (12) hours prior to the date and time of scheduled collection, nor left there longer than twelve (12) hours following collection, regardless of whether the point of collection lies on public or private property. When not set out for collection, the containers shall be removed not less than ten (10) feet away from the vehicular right-of-way. Under no circumstances may the containers be left continuously at the point of collection where the point of collection is at the edge of the vehicular right-of-way.

(3) A container left in place by a customer in violation of the requirement for removal following collection may be tagged with a notice of violation. In case of repeated violation, the enforcement officer may instruct the franchised collector to cancel service and remove the container.

(4) The restriction set forth in subsection (p)(2) of this section shall not apply to those customers who subscribe to special service whereby the franchised collection enters their property, brings the container to the road where it can be emptied, and then returns it to its original location.

The County and/or County designee may allow modifications on a case-by-case basis to the container restrictions in subsection (p)(2) of this section upon finding that all feasible measures to comply have been taken.

(q) Container Number. All premises receiving collection services shall have sufficient containers or equivalent bin capacity to hold all refuse created, produced or accumulated on the premises between removals. County shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials, and a generator shall adjust its service level for its collection services as requested by the County.

(r) Container Location. Containers shall be placed for collection as follows:

(1) Single-Family Dwelling Residential Units.

(A) Where alleys exist with well-maintained, all-weather surfaces, immediately adjacent to and accessible from the alley; or

(B) Where alleys do not exist or do not meet the criteria in subsection (r)(1)(A) of this section, immediately adjacent to the nearest County- or State-maintained road, and accessible to the franchised collector without the necessity of entering a fenced yard; and further provided, that the County may approve an agreement between the customer and the franchised collector as to an alternate location for containers.

(2) Multifamily Residential Dwellings, Businesses, Motels, Hotels and Trailer and/or Mobile Home Parks. Containers for service to multiple dwelling buildings, businesses, motels, hotels, and trailer and/or mobile home parks shall be placed immediately adjacent to and accessible from the nearest County- or State-maintained road, or in locations that are mutually agreed upon by the property owner and the franchised collector. Drop boxes and bins shall be located at an easily accessible location as agreed upon between the customer and the franchised collector. In case of dispute, the location shall be determined by the County.

(3) Exceptions. Containers for required service may be placed on premises at a location other than as provided in subsections (r)(1) and (2) of this section if the customer and franchised hauler concur, and the customer agrees to pay an additional charge, if applicable, as set forth in the schedule of charges established in the waste collector’s franchise agreement.

(4) Generators Subject to SB 1383. In addition to the above requirements, generators subject to SB 1383 shall be subject to the following:

(A) Commercial businesses, including multifamily residential dwellings, shall supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers consistent with the County’s blue container, green container, and gray container collection service, or, if self-hauling, per the commercial business’s instructions to support its compliance with its self-haul program, in accordance with this chapter.

(B) Commercial businesses, excluding multifamily residential dwellings, shall provide containers for the collection of source separated green container organic waste and source separated recyclable materials in all areas where disposal containers are provided for customers. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one (1) type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers.

(s) Container Label.

(1) General Requirements. Containers for refuse left on the premises by the solid waste collector shall have printed or marked thereon a symbol of designation of the premises to which the container belongs. The solid waste collector may collect and remove any container which does not have the symbol plainly marked thereon.

(2) Generators Subject to SB 1383. In addition to the above requirements, generators subject to SB 1383 shall be subject to the following: Pursuant to Title 14 of the California Code of Regulations Section 18984.9(b), commercial businesses, excluding multifamily residential dwellings, shall provide containers that comply with either of the following:

(A) A body or lid that conforms with the container colors provided through the collection service provided by the County.

(B) Container labels:

1. Placing labels on containers that include language or graphic images or both that indicate the primary materials accepted and the primary materials prohibited in that container; or

2. Providing containers with imprinted text or graphic images that indicate the primary materials accepted and the primary materials prohibited in that container.

(t) Mandatory Commercial Organics Recycling Customer Containers.

(1) A commercial business that is not a generator subject to SB 1383 but that generates two (2) cubic yards or more of commercial solid waste, as defined in Public Resources Code Section 42649.1, per week and provides customers access to the business shall provide customers with a container for organic waste to collect material purchased on the premises for immediate consumption and that fulfills all of the following requirements:

(A) Is in the same area as a container for solid waste other than organic waste, except in restrooms.

(B) Is visible and easily accessible.

(C) Is clearly marked with educational signage indicating what is appropriate to place in the container for organic waste in accordance with State law and the County’s solid waste ordinances and practices.

(2) Full-service restaurants (as defined in Public Resources Code Section 42649.8) are exempt from the requirements of this section if the full-service restaurant provides its employees a container for organic waste to collect material purchased on the premises for immediate consumption and implements a program to collect source separated organic waste.

(u) Mandatory Commercial Recycling Customer Containers.

(1) A commercial business that is not subject to SB 1383 but that generates four (4) cubic yards or more of commercial solid waste, as defined in Public Resources Code Section 42649.1, per week and provides customers access to the business shall provide customers with a container to collect recyclable materials purchased on the premises and that fulfills all of the following requirements:

(A) Is in the same area as a container for solid waste other than recyclable materials, except in restrooms.

(B) Is visible and easily accessible.

(C) Is clearly marked with educational signage indicating what is appropriate to place in the container for recyclable materials in accordance with State law and the County’s solid waste ordinances and practices.

(2) Full-service restaurants are exempt from the requirements of this section if the full-service restaurant provides its employees a container for recyclable materials to collect recyclable materials purchased on the premises and implements a program to collect recyclable materials.

(v) Recyclables.

(1) Pursuant to the terms and conditions of any franchise agreement between the County and any authorized recycling entity, each residential unit subscribing to the service shall be provided with suitable and sufficient containers to store segregated recyclable materials, including organic waste as applicable, to be made available for pick-up.

(2) All such residential containers shall be and remain the property of the authorized recycling entity, and shall not be used for any purpose other than the segregation and curbside placement of recyclable materials.

(3) It is the duty of the occupant to maintain containers in a reasonably safe, clean and secure manner.

(4) Containers that have become unusable shall be replaced by the authorized recycling entity in accordance with the approved fee schedule of the applicable franchise agreement.

(5) Generators Subject to SB 1383. In addition to the above requirements, generators subject to SB 1383 shall be subject to the following: commercial businesses, excluding multifamily residential dwellings, shall: (A) to the extent practical, prohibit employees from placing materials in a container not designated for those materials; and (B) periodically inspect containers for contamination and inform employees if containers are contaminated and the requirements to keep contaminants out of those containers pursuant to Title 14 of the California Code of Regulations Section 18984.9(b)(3).

(w) Recyclables Separation. All persons who subscribe or voluntarily participate in the recyclable material collection program established by this chapter shall prepare and separate those recyclable materials that the County has contracted for pick-up by the authorized recycling entity from other garbage, rubbish and refuse as required by this chapter or any collection franchise agreement entered into by the Board and thereafter have the segregated recyclable materials placed within containers as required by this chapter, or within the designated collection location, which shall be collected by the authorized recycling entity.

(x) Inspection. The County may inspect or cause to be inspected, at regular intervals, refuse containers and shall be the sole judge of the condition of such containers as to their fitness for use. (Ord. 2696, § 2, 6/14/2022)