Chapter 8.05
SOLID WASTE FACILITY REGULATION
Sections:
8.05.020 Findings and purpose.
8.05.040 Authorization required.
8.05.050 Authorization requirements.
8.05.070 Relationship to other laws.
8.05.010 Authority.
This chapter is adopted under the authority of the Constitution and laws of the state of California, including without limitation the California Integrated Waste Management Act of 1989, Public Resources Code Sections 40000, et seq. (the “Act”). The Act grants the city the authority to regulate solid waste facilities. Section 40059 of the Act specifically authorizes a city to provide for the provision of solid waste handling services through a franchise agreement or other contract, license or permit. [Ord. 1075 § 1, 1994.]
8.05.020 Findings and purpose.
The city council finds that various aspects of solid waste handling are of local concern, and should be regulated by the city. These areas include without limitation the nature, location and extent of providing solid waste handling services, such as the establishment and operation of a solid waste transfer station and other facilities. Under this chapter the city intends to provide for fees to fund the implementation of the city’s programs under AB 939 and to regulate rates charged by a solid waste facility in the city. The city council finds that the regulation of solid waste facilities in the city as described in this chapter is in the public interest and will protect the public health, safety and general welfare. [Ord. 1075 § 1, 1994.]
8.05.030 Definitions.
In this chapter, unless the context otherwise requires:
A. “Act” means the California Integrated Waste Management Act of 1989.
B. “Authorization” means a franchise agreement, contract, license or permit issued by the city under this chapter.
C. “Solid waste” means waste as defined in Section 40191 of the Act, including for example all putrescible and nonputrescible solid, semisolid and liquid waste.
D. “Solid waste enterprise” means any individual, partnership, joint venture, unincorporated private organization or private corporation, which is regularly engaged in the business of providing solid waste handling services in the city.
E. “Solid waste facility” means a solid waste transfer station, a composting facility, a transformation facility, a disposal facility and a facility described in subsections (G)(1) through (3) of this section.
F. “Solid waste handling” or “handling” means the collection, transportation, storage, transfer or processing of solid wastes.
G. “Transfer station” means a facility utilized to receive solid waste, temporarily store, separate, convert or otherwise process the materials in the solid waste, or to transfer the solid waste directly from smaller to larger vehicles for transport. (Section 40200 of the Act.) “Transfer station” does not include any of the following:
1. A facility whose principal function is to receive, store, separate, convert or otherwise process manure in accordance with state minimum standards;
2. A facility whose principal function is to receive, store, separate, convert or otherwise process wastes which have already been separated for reuse and are not intended for disposal; or
3. 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 regulations adopted pursuant to Section 43309 of the Act. Under this exemption, no storing of more than 90 cubic yards of waste in covered containers may be made during any 72-hour period on the operations 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.
H. “Transformation” means incineration, pyrolysis, distillation, gasification or biological conversion other than composting. “Transformation” does not include composting. [Ord. 1075 § 1, 1994.]
8.05.040 Authorization required.
A. No person shall operate a solid waste enterprise or solid waste facility in the city without first obtaining and executing an authorization approved by the city council under this chapter. An authorization may be granted either with or without competitive bidding. An authorization shall be nonexclusive unless the city council finds that the public health, safety and well-being require an exclusive authorization. In that event, an authorization may be either partially or wholly exclusive as determined by the city council. An authorization issued under this chapter shall be considered a quasi-administrative act by the city council in order to implement the provisions of the Act, and shall not be considered a legislative action.
B. Nothing in this chapter shall be interpreted to prevent the city council from approving an authorization as a quasi-administrative matter in order to implement the terms of an approved conditional use permit for a solid waste facility. Any such authorization shall be subject to the provisions of this chapter, and shall not be considered a legislative action by the city council. [Ord. 1075 § 1, 1994.]
8.05.050 Authorization requirements.
A. The city council shall conduct a public hearing on an authorization considered for approval under this chapter. Notice of the public hearing shall be given in the manner required by law.
B. An authorization for a solid waste facility approved under this chapter shall provide that the city council has the authority to review, approve and control the rates to be charged to customers. The authorization shall include other provisions deemed necessary to protect the public health, safety and welfare.
C. An authorization approved under this chapter may include provisions which:
1. Require the imposition of tipping fees and other charges or surcharges on behalf of and for the benefit of the city and its residents;
2. Require the collection of fees on all solid waste and recyclables received at a solid waste facility in accordance with a rate schedule established by the city council, and as may be required by the state of California under the Act;
3. Require a solid waste facility to collect program-specific fees on solid waste and recyclables for the city or other individual jurisdiction utilizing the facility as requested by the applicable jurisdiction and as approved by the city council;
4. Require a solid waste facility to provide the city with data reasonably required by the city, including without limitation data concerning the quantity and origin of material received by the solid waste facility;
5. Require a transfer station to study and report to the city council on the feasibility of shipping solid waste from the transfer station to the point of ultimate disposal by rail or other alternatives, and on the feasibility of other disposal alternatives; and
6. Require a transfer station to fund, develop and implement a public education program on proper handling and disposal of hazardous and nonhazardous waste. The program shall be submitted to the city for its review and approval, in a manner specified by the city manager. The cost of this program shall be paid by the solid waste enterprise operating the transfer station. The first $5,000 in such cost shall be not be passed on to ratepayers; whether costs in excess of that amount are passed on to ratepayers shall be determined as part of the authorization approval or rate regulation process under this chapter.
D. The governing body of a jurisdiction which sends solid waste to a transfer station shall have the opportunity to review and comment on an authorization for the transfer station before approval. [Ord. 1075 § 1, 1994.]
8.05.060 Rate regulation.
A. The city council may, by resolution, establish a methodology for setting rates which may be charged by a solid waste enterprise for solid waste handling services at a solid waste facility. Any such resolution is intended to implement the Act and this chapter through supplemental quasi-administrative regulation, and shall not be considered a legislative action by the city council. Based upon that methodology, the city council may by resolution establish the various rates which may be charged by a solid waste facility.
B. The city council shall hold a public hearing before establishing a rate-setting methodology or specific rates under this section, and before amending either the methodology or rates. The governing body of a jurisdiction which sends solid waste to a transfer station shall have the opportunity before approval to comment on the methodology and specific rates, and on any amendment thereto, that would affect rates applicable to that jurisdiction.
C. The city council shall review a rate schedule established under this chapter every two years (approximately) in order to ensure that rates take into account any applicable closure or post-closure costs, and other economic impacts resulting from state and federal laws or regulations. If a resolution of rate methodology is not adopted, then rates shall be reviewed consistent with the terms of an approved authorization. [Ord. 1075 § 1, 1994.]
8.05.070 Relationship to other laws.
Nothing in this chapter allows the owner or operator of a solid waste facility to fail to comply with any other applicable local, state or federal laws. Nothing in this chapter allows the operation of a solid waste facility which is otherwise prohibited under another provision of law, such as without limitation PMC Title 18, Zoning. [Ord. 1075 § 1, 1994.]
8.05.080 Violation.
A person who violates this chapter is guilty of a misdemeanor and upon conviction shall be punishable in accordance with PMC 1.12.030. [Ord. 1075 § 1, 1994.]