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 the disposal of refuse, recyclable materials, and other materials and to assure adequate standards of service for said collection, storage, transportation and disposal of said Solid Wastes. This Chapter shall be liberally construed for the accomplishment of these purposes.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

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Act of 1989 (California Public Resources Code, Division 30, commencing with Section 40000), as amended, supplemented, superseded, and replaced from time to time.

"AB 1826": means the organic waste recycling amendments made to AB 939, approved and signed into law on September 28, 2014, commencing with changes to the California Public Resources Code, Division 30 Section 42649.8 et seq., as amended, supplemented, superseded and replaced from time to time.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. An Accessory Structure is customarily incidental and subordinate to the use of the principal building or the principal use of the land upon which it is located. 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 types of requirements 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 of the ordinance codified in this Chapter, as well as such additions and changes thereto as become effective by means of their enactment, amendment, issuance or promulgation at any time after the effective date of the ordinance codified in this Chapter.

"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 that 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 a Franchise Hauler 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.

"BLUE CONTAINER": has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials or Source Separated Blue Container Organic Waste.

"BOARD": means the Tulare County Board of Supervisors.

"BUILDING OFFICIAL": means the County’s Resource Management Agency Director, 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 Bin, 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.

"CALIFORNIA CODE OF REGULATIONS" or "CCR": means the State of California Code of Regulations. CCR references in this Chapter are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).

"CALRECYCLE": means California’s Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on County (and other local agencies).

"CART": means wheeled Containers having approximately thirty (30) to one hundred and ten (110) gallons of capacity provided by a Franchise Hauler 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 approved maximum rates.

"COLLECTION" (AND "COLLECT", "COLLECTED", AND "COLLECTING"): means the pickup and removal by the Franchise Hauler from its Customers’ premises of Solid Waste, Recyclable Materials, Green Waste, or other material (not including Excluded Waste) specified in this Chapter 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 the Franchise Haulers obligations hereunder.

"COLLECTION MATERIALS": means all Solid Waste, Recyclables, Green Waste, or other materials (not including Excluded Waste) specified in this Chapter generated in the County Established Service Areas.

"COLLECTION SERVICES": means all of the duties and obligations of a Franchise Hauler relating to its responsibilities for Collection as specified in this Chapter.

"COLLECTION VEHICLE": means any vehicle used to collect or transport Solid Waste.

"COLLECTOR" or "SOLID WASTE COLLECTOR": means any entity or agent thereof authorized 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.

"COMMERCIAL BUSINESS" or "COMMERCIAL": means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, as defined in 14 CCR Section 18982(a)(6). A Multifamily Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this Chapter.

"COMMERCIAL GENERATOR": means a commercial edible food generator that is a: Supermarket, Grocery store with a total facility size equal to or greater than 7,500 square feet, Food service distributor, Wholesale food market, Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet, hotel with an on-site food facility and 200 or more rooms, health facility with an on-site food facility and 100 or more beds, large venue, large event, a state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet; a local education agency facility with an on-site food facility.

"COMMUNITY CLEANUP": means the collection of non-Excluded Waste items separate from those gathered through weekly Collection Services.

"COMMUNITY COMPOSTING": means any activity that Composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4), as defined by 14 CCR Section 18982(a)(8).

"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 all vegetative waste, yard and wood Solid Wastes which are not otherwise included in Hazardous Waste.

"COMPOSTABLE PLASTICS" or "COMPOSTABLE PLASTIC": means food-service and food-packaging plastic materials or plastic bags used for collecting organics material that are placed in the Green Container and transported to a compostable material handling operations or facilities, in-vessel digestion operations or other facility provided the organic waste processing facility accepts the material and has provided written notification annually to the County stating that the facility can process and recover that material for compostability, as defined in 14 CCR Section 18984.1(a)(1)(A) for three container systems, and 18984.2(a)(1)(C) for two container systems.

"CONSTRUCTION": means all building, landscaping of, remodeling activities, 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 nonhazardous 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 which are to be source separated by the resident, contractor, Franchise Hauler, or otherwise.

(c)    All approved Alternative Daily/Intermediate Cover meeting the requirements of applicable State or Federal regulations as they may be amended, supplemented, superseded, and replaced from time to time, including those found in Division 2 of Title 27 of the California Code of Regulations.

"CONTAINER CONTAMINATION" or "CONTAMINATED CONTAINER": means a container, regardless of color, that contains Prohibited Container Contaminants, as defined in 14 CCR Section 18982(a)(55).

"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" or "SERVICE AREA": means the County established territory within which a Franchise Hauler 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 this Code. When used in the plural in this Chapter, 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 a Franchise Hauler pursuant to this Chapter.

"COUNTY REPRESENTATIVE": means the Solid Waste 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 in cost.

(d)    The renovation, remodel or addition to an existing commercial or multifamily residential Structure that is equal to or greater than 1,000 square feet and/or projects that exceed $20,000 in cost.

(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 in cost.

(f)    Commercial or multifamily residential development and any new Structure that is equal to or greater than 1,000 square feet and/or projects that exceed $20,000 in cost.

(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.

"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, and whether interior or exterior. And 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.

"DESIGNATED SOURCE SEPARATED ORGANIC WASTE FACILITY": as defined in 14 CCR Section 18982(14.5), means a Solid Waste facility that accepts a Source Separated Organic Waste collection stream (as defined in 14 CCR Section 17402(a)(26.6)) and complies with one of the following:

(1)    The facility is a "transfer/processor," as defined in 14 CCR Section 18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d), and meets or exceeds an annual average Source Separated organic content Recovery rate of 50 percent between January 1, 2022, and December 31, 2024, and 75 percent on and after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(f) for Organic Waste received from the Source Separated Organic Waste collection stream.

(A)    If a transfer/processor has an annual average Source Separated organic content Recovery rate lower than the rate required in Paragraph 1 of this definition for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a "Designated Source Separated Organic Waste Facility."

(2)    The facility is a "composting operation" or "composting facility" as defined in 14 CCR Section 18815.2(a)(13), that pursuant to the reports submitted under 14 CCR Section 18815.7 demonstrates that the percent of the material removed for landfill disposal that is Organic Waste is less than the percent specified in 14 CCR Section 17409.5.8(c)(2) or (c)(3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR Section 17896.5.

(A)    If the percent of the material removed for landfill disposal that is Organic Waste is more than the percent specified in 14 CCR Section 17409.5.8(c)(2) or (c)(3), for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a "Designated Source Separated Organic Waste Facility." For the purposes of this Chapter, the reporting periods shall be consistent with those defined in 14 CCR Section 18815.2(a)(49).

"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.

"EDIBLE FOOD": means food intended for human consumption, as defined in 14 CCR Section 18982(a)(18). For the purposes of this Chapter and as defined in 14 CCR Section 18982(a)(18), "Edible Food" is not Solid Waste if it is recovered and not discarded. Nothing in this Chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.

"EMERGENCY DEMOLITION": means a demolition that 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.

"ENFORCEMENT ACTION": means an action of the County to address noncompliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

"EXCLUDED WASTE": means Hazardous Waste, Medical and Infectious Waste, volatile, corrosive, biomedical, biohazardous and toxic substances or material and any wastes that as a result of being disposed would violate any Federal, State, or local law, regulation or Chapter, including land use restrictions or conditions. Excluded Waste may include any other designated or special waste.

"FOOD DISTRIBUTOR": means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, as defined in 14 CCR Section 18982(a)(22).

"FOOD FACILITY": has the same meaning as in Section 113789 of the Health and Safety Code.

"FOOD RECOVERY": means actions to collect and distribute food for human consumption that otherwise would be disposed, as defined in 14 CCR Section 18982(a)(24).

"FOOD RECOVERY ORGANIZATION": means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities, as defined in 14 CCR Section 18982(a)(25), including, but not limited to:

(1)    A food bank as defined in Section 113783 of the Health and Safety Code;

(2)    A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and

(3)    A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

"FOOD RECOVERY SERVICE": means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or otherwise in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

"FOOD SCRAPS": means all food and trimmings and other putrescible waste that readily decomposes and results from food production, preparation, storage, consumption, or handling such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.

"FOOD SERVICE PROVIDER": means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, as defined in 14 CCR Section 18982(a)(27).

"FOOD-SOILED PAPER": is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons, provided the approved compostable material handling operations or facilities, in-vessel digestion operations or other facility that recovers source separated Organic Waste accepts such material for processing and provides annual written notice thereof to the County.

"FOOD WASTE": means Food Scraps, Food-Soiled Paper, and Compostable Plastics.

"FOOTHILL RATE DIVISION LINE": means that service rate division line or boundary established by the Board of Supervisors from time to time by resolution.

"FRANCHISE AGREEMENT": means an agreement entered into with the County for exclusive rights to collect, haul, and dispose of solid waste within a County Established Service Area.

"FRANCHISE HAULER": means an individual or entity that has entered into a Franchise Agreement with the County.

"GENERATION": means the total waste collected by a Franchise Hauler in a County Established Service Area.

"GOOD FAITH EFFORT": as used in this Chapter with regard to performance of a Franchise Hauler’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 Solid Waste Director.

"GRAY CONTAINER": has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Gray Container Waste.

"GRAY CONTAINER WASTE": means Solid Waste that is collected in a Gray Container that is part of a three-container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b), as defined in 14 CCR Section 17402(a)(6.5).

"GREEN CONTAINER": has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste.

"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 the Franchise Haulers for handling, processing, and preparing Green Waste for 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 Franchise Hauler 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 or be any 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 are defined or described in state or federal laws or regulations; or

(c)    Be substances as defined in California Health and Safety Code Section 25316.

"HIGH DIVERSION ORGANIC WASTE PROCESSING FACILITY": means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of 50 percent between January 1, 2022, and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the "Mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5), as defined in 14 CCR Section 18982(a)(33).

"INERT SOLIDS": includes asphalt, concrete, rock, stone, brick, sand, soil and fines.

"INSPECTION": means a site visit where County, the Solid Waste Department, the Solid Waste Director, or designee(s) reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this Chapter, as defined in 14 CCR Section 18982(a)(35).

"LARGE EVENT": means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this Chapter.

"LARGE VENUE": means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this Chapter.

"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 nonrecyclables have been segregated or removed.

"MIXED WASTE ORGANIC COLLECTION STREAM" or "MIXED WASTE": means Organic Waste collected in a container that is required by 14 CCR Sections 18984.1, 18984.2 or 18984.3 to be taken to a High Diversion Organic Waste Processing Facility as defined in 14 CCR Section 17402(a)(11.5).

"MULTIFAMILY RESIDENTIAL DWELLING" or "MULTIFAMILY": means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.

"NET RECYCLED": means the net quantity of recyclables actually recovered by a Franchise Hauler in its Service Area after accounting for Residuals.

"NONCOMPOSTABLE PAPER": includes but is not limited to paper that is coated in a plastic material that will not break down in the composting process, as defined in 14 CCR Section 18982(a)(41).

"NONCOVERED PROJECTS": means Construction, demolition and renovation projects within the County that do not meet the established thresholds for Covered Projects.

"NONLOCAL ENTITY": means the entities that are not subject to the County’s enforcement authority, as defined in 14 CCR Section 18982(a)(42). These include special districts, federal facilities, prisons, facilities operated by the State park system, Public universities, County fairgrounds, and other state agencies.

"NONORGANIC RECYCLABLES": means nonputrescible and nonhazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, as defined in 14 CCR Section 18982(a)(43).

"ORGANIC WASTE": means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges as defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5). Notwithstanding the foregoing definition, Paper Products, Printing and Writing Paper, organic textiles and carpets shall not be placed in the Green Container as Source Separated Green Container Organic Waste (SSGCOW).

"ORGANIC WASTE GENERATOR": means a person or entity that is responsible for the initial creation of Organic Waste, as defined in 14 CCR Section 18982(a)(48).

"OWNER-BUILDER": means any person or family who provides all or a substantial amount of the labor necessary to build a home unit that will be the principal residence of that person or family.

"PAPER PRODUCTS": include, but are not limited to, paper janitorial supplies, cartons, wrapping, file folders, hanging files, corrugated boxes, tissue, and toweling, as defined in 14 CCR Section 18982(a)(51).

"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.

"PRINTING AND WRITING PAPERS": include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, as defined in 14 CCR Section 18982(a)(54).

"PROHIBITED CONTAINER CONTAMINANTS": means the following: (i) discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the County’s Blue Container; (ii) discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the County’s Green Container; (iii) discarded materials placed in the Gray Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Green Container Organic Wastes to be placed in County’s Green Container and/or Blue Container; and, (iv) Excluded Waste placed in any container, as defined in 14 CCR Section 18982(a)(55).

"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 a Franchise Hauler, subject to the County’s approved and published maximum and minimum rate schedules.

"RECOVERED ORGANIC WASTE PRODUCTS": means products made from California, landfill-diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, as defined in 14 CCR Section 18982(a)(60).

"RECOVERY": means any activity or process described in 14 CCR Section 18983.1(b), as defined in 14 CCR Section 18982(a)(49).

"RECYCLABLES": means materials source-separated by the generator for the purpose of sorting, processing and being returned to the economic mainstream for the altered form for manufacture of new, reused or reconstituted products through available processes and markets. A listing of materials considered as Recyclable Material shall be provided by the Franchise Hauler and may be revised from time to time by agreement of the County and the Franchise Hauler. Notwithstanding any provision to the contrary, the Franchise Hauler is not required to collect or recycle any material for which a commercially viable market is not available. "Recyclables" are Refuse if they are not segregated from Refuse and are discarded into the Refuse stream.

"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 consistent with applicable statutes or regulations.

"RECYCLED-CONTENT PAPER": means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, as defined in 14 CCR Section 18982(a)(61).

"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 a Franchise Hauler 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.

Refuse does not include Organic Waste or Recyclables.

"REMOTE MONITORING": means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of Blue Containers, Green Containers, and Gray Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants.

"RENEWABLE GAS": means gas derived from Organic Waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle Organic Waste, as defined in 14 CCR Section 18982(a)(62).

"RENOVATION": means any change, addition or modification to an existing Structure.

"RESIDUALS": means materials which remain after processing Recyclable Materials that 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.

"RESTAURANT": means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, as defined in 14 CCR Section 18982(a)(64).

"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.

"ROUTE REVIEW": means a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination and may include mechanical Inspection methods such as the use of cameras, as defined in 14 CCR Section 18982(a)(65).

"SALVAGE": means the controlled removal of materials from a Covered Project for the purpose of recycling, reuse or storage for later reuse.

"SB 1383": means the Short-Lived Climate Pollutants Act passed into law on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, and created Chapter 12 of 14 California Code of Regulations (CCR), Division 7 and amended portions of regulations of 14 CCR and 27 CCR establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants (together the "SB 1383 Regulations"), as amended, supplemented, superseded, and replaced from time to time.

"SELF-HAUL" or "SELF-HAULER": means any residential or commercial generator of Solid Waste who transports and disposes of his or her 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. "SELF-HAUL" or "SELF-HAULER" includes a person who back-hauls waste, as defined in 14 CCR Section 18982(a)(66).

"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.

"SINGLE-FAMILY": means of, from, or pertaining to any residential premises with fewer than five (5) units.

"SOLID WASTE": has the same meaning as defined in Public Resources Code section 40191, and includes all putrescible or nonputrescible Solid, semisolid, and liquid waste, including garbage, 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, with the exception that "Solid Waste" does not include any of the following wastes:

(a)    Hazardous waste, as defined in the Public Resources Code section 40141.

(b)    Radioactive waste regulated pursuant to the State Radiation Control Law Chapter 8, Commencing with Section 114960, of Part 9 of Division 104 of the State Health and Safety Code.

(c)    Medical waste regulated pursuant to the State Medical Waste Management Act, Part 14, commencing with Section 117600 of Division 104 of the Health and Safety Code. Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resource Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the State Public Resources Code.

(d)    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

(e)    Otherwise Excluded Waste.

"SOLID WASTE DIRECTOR": means the Solid Waste Director of Tulare County or their authorized representative.

"SOURCE SEPARATED": means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation prior to collection, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, as defined in 14 CCR Section 17402.5(b)(4). For the purposes of this Chapter, Source Separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste or other Solid Waste for the purposes of collection and processing.

"SOURCE SEPARATED BLUE CONTAINER ORGANIC WASTE": means Source Separated Organic Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Nonorganic Recyclables (as defined in Section 18982(a)(43)), as defined by Section 17402(a)(18.7).

"SOURCE SEPARATED GREEN CONTAINER ORGANIC WASTE" or "SSGCOW": means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Source Separated Blue Container Organic Waste, carpets, Noncompostable Paper, and textiles.

"SOURCE SEPARATED RECYCLABLE MATERIALS": means Source Separated Nonorganic Recyclables and Source Separated Blue Container Organic Waste.

"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.

"SUPERMARKET": means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, as defined in 14 CCR Section 18982(a)(71).

"TIER ONE COMMERCIAL EDIBLE FOOD GENERATOR": means a Commercial Edible Food Generator that is one of the following:

(1)    Supermarket.

(2)    Grocery Store with a total facility size equal to or greater than 10,000 square feet.

(3)    Food Service Provider.

(4)    Food Distributor.

(5)    Wholesale Food Vendor.

If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Chapter.

"TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR": means a Commercial Edible Food Generator that is one of the following:

(1)    Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

(2)    Hotel with an on-site Food Facility and 200 or more rooms.

(3)    Health facility with an on-site Food Facility and 100 or more beds.

(4)    Large Venue.

(5)    Large Event.

(6)    A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

(7)    A Local Education Agency facility with an on-site Food Facility.

If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this Chapter.

"TRANSFER STATION": means those facilities approved by the Solid Waste 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.

"UNCONTAINERIZED GREEN WASTE AND YARD WASTE COLLECTION SERVICE" or "UNCONTAINERIZED SERVICE": means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator’s house or place of business for collection and transport to a facility that recovers Source Separated Organic Waste, as defined in 14 CCR Section 18982(a)(75).

"URBAN AREA BOUNDARIES": means those boundaries entitled "Urban Area Boundaries" and "Urban Development Boundaries" established and adopted by the Tulare County General Plan.

"WHOLESALE FOOD VENDOR": means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, as defined in 14 CCR Section 18982(a)(76).

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

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.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

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 Franchise Hauler or applicant at his or her residence or principal place of business as listed in his or her franchise agreement, application, or appeal form. The Solid Waste 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 Franchise Hauler, applicant or other person to receive such notice shall not affect in any manner the validity of any proceedings taken hereunder.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

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, or its designee, 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 Solid Waste Director

(b)    The person causing the publication of said notice shall file an affidavit with the Clerk of the Board attesting to said publication.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

4-03-1080 ADMINISTRATION AND ENFORCEMENT:

(a)    Except as otherwise specifically provided in this Chapter, the Solid Waste Director, or his or her designee, shall be responsible for the administration and enforcement of this Chapter and the rules and regulations adopted by the Board.

(b)    The Solid Waste Director, or his or her designee, 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.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

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 Solid Waste Director, or his or her designee. Garbage cans or receptacles shall be emptied weekly. Garbage cans and receptacles must be removed 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.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

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.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

4-03-1135 APPROVAL OF SOLID WASTE FACILITIES:

It shall be unlawful to establish or maintain any disposal site, green waste 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, green waste 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, green waste 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 subject to this Chapter shall be prohibited from disposing of Solid Waste in a Transfer Station operated or funded by the County without authorization from the Solid Waste Director. The Solid Waste Director may require that any materials collected, or any Residuals generated as a result of material collected, by a Franchise Hauler, be delivered to a County operated Solid Waste facility.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

4-03-1136 ACCEPTANCE OF OUT-OF-COUNTY WASTE:

Out-of-County waste shall be accepted at County Solid Waste facilities if approved by the Solid Waste Director. Denials may be appealed to the County hearing officer, with a form furnished by the Clerk to the Board for such appeals. An appellant must pay a fee in an amount adequate to cover the cost of processing and hearing the appeal, as that amount is established from time to time by resolution of 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 submits the request to the Solid Waste Director and files 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 nondiscriminatory.

(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.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

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.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

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.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

4-03-1146 COMMUNITY CLEANUPS:

Franchise Haulers 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). Franchise Haulers shall make a Good Faith Effort to recycle or divert from Disposal fifty percent (50%) of all materials collected as a result of these Community Cleanups.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

4-03-1147 ON-CALL BULK ITEM PICK-UP:

Upon notice by a Customer, a Franchise Hauler shall schedule pick-up of Bulk Waste. Franchise Haulers shall make all reasonable efforts to Recycle the materials collected on-call for a rate to be established by the Board.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

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 Franchise Hauler Solid Waste Collector or another Solid Waste collection service provider appropriately authorized by the Solid Waste 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.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

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 Franchise Hauler. 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.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

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 Solid Waste 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 Solid Waste Director. Such application shall contain written permission for the Solid Waste Director to enter the subject premises for the purpose of investigating the grounds for the application.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

4-03-1157 INVESTIGATION AND ISSUANCE OF INACCESSIBLE PROPERTY EXEMPTION:

The Solid Waste Director shall investigate the exemption application and, upon determination that the subject premises is inaccessible to the County’s Franchise Hauler, the Solid Waste 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 Franchise Hauler, the Solid Waste Director shall deny the application. The Solid Waste Director’s decision shall be in writing and final unless appealed to a County hearing officer pursuant to Part 1, Chapter 31 of this Code, with a form furnished by the Clerk to the Board for such appeals. An appellant must pay a fee in an amount adequate to cover the cost of processing and hearing the appeal, as that amount is established from time to time by resolution of the Board.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

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.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

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.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

4-03-1166 RECYCLING EXEMPTION APPLICATION:

Any owner or person desiring an exemption as provided under Section 4-03-1165 shall submit to the Solid Waste 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 Solid Waste Director. Such application shall contain written permission for the Solid Waste Director to enter the subject premises for the purpose of investigating the grounds for the application.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

4-03-1167 INVESTIGATION AND ISSUANCE OF RECYCLING EXEMPTION:

The Solid Waste 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 Solid Waste 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 Solid Waste Director shall deny the exemption. The Solid Waste Director’s decision shall be in writing and final unless appealed to a County hearing officer pursuant to Part 1, Chapter 31 of this Code, with a form furnished by the Clerk to the Board for such appeals. An appellant must pay a fee in an amount adequate to cover the cost of processing and hearing the appeal, as that amount is established from time to time by resolution of the Board.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

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.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

4-03-1175 SUSPENSION OR REVOCATION OF EXEMPTIONS:

If the Solid Waste 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 Solid Waste 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 Solid Waste Director’s determination is appealed to a County hearing officer pursuant to Part 1, Chapter 31 of this Code, with a form furnished by the Clerk to the Board for such appeals. An appellant must pay a fee in an amount adequate to cover the cost of processing and hearing the appeal, as that amount is established from time to time by resolution of the Board.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

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 Section 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 Section 4-03-1165 or 4-03-1175 for a period of six (6) months after said determination has been made, unless, on appeal to a County hearing officer, the County hearing officer, per Part 1, Chapter 31 of this Code, finds that the public interest requires reconsideration of the matter within a shorter period of time.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

ARTICLE 5. SOLID WASTE COLLECTION AUTHORIZATION

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 authorizing the collection of Solid Waste therein. The Service Areas shall be shown on a map of the County kept on file with the Solid Waste Director.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

4-03-1200 SOLID WASTE COLLECTION: PROHIBITIONS:

Except as otherwise provided in this Chapter, it shall be unlawful for any person, except a Franchise Hauler, or a person acting with the written authority of a Franchise Hauler, in addition to the approval of the Solid Waste 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 in a Service Area or portion thereof not covered by a Franchise Agreement.

(e)    Solicit business for the collection of Solid Waste or removal of garbage in a Service Area or portion thereof without a Franchise Agreement issued pursuant to this Chapter for the collection of Solid Waste in such Service Area or portion thereof.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

4-03-1205 SAME: EXCEPTIONS:

The 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 Franchise Hauler 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.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

4-03-1210 FRANCHISE AGREEMENTS:

(a)    The Board may grant to persons the exclusive rights to collect Solid Waste within specific areas and to deliver all collected Solid Waste to a designated facility for disposal by means of a franchise agreement. The Franchise Agreement shall provide specific terms for the operation of the franchise, including the duration of the franchise, which shall not exceed twenty-five (25) years, and the annual payment to the County of a franchise fee. Unless otherwise expressly provided in the terms of the Franchise Agreement, the provisions of this Chapter apply to any Franchise Agreement approved pursuant to this Chapter.

(b)    The Board may only approve a Franchise Agreement, or renew a Franchise Agreement, after an open and competitive process for the award of a franchise agreement is completed as follows:

(1)    On approval by the Board, the County will solicit proposals from persons engaged in the collection of Solid Waste. Prior to the issuance of requests for proposals, the Solid Waste Director shall establish objective criteria to be used in evaluating and selecting the preferred person. The request for proposals shall include the criteria. The Solid Waste Director or his or her designee shall review all proposals and make such investigations as the Solid Waste Director deems necessary and appropriate to ensure that cost effective, quality service will be provided.

(2)    The Solid Waste Director shall review and evaluate the proposals and recommend to the Board which, if any, proposer should be granted the franchise agreement. Upon the basis of the level of service proposed, proposed service fee, any historical evidence as to the quality of service, other evidence submitted and the results of any investigation, the Solid Waste Director shall make a finding on the qualifications of each proposer. The Solid Waste Director or his or her designee shall recommend to the Board who should be granted the franchise agreement on the basis of his or her findings.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21; amended by Ord. No. 3646, effective 07-04-24)

4-03-1225 COLLECTION VEHICLES AND EQUIPMENT:

(a)    Every collection vehicle used by a Franchise Hauler 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 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 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 vehicle. 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.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

4-03-1250 RATE APPROVAL:

The Board is authorized to approve, disapprove or modify the proposed schedule of maximum rates submitted by the Franchise Haulers. All rates shall be reasonably related to the costs of doing business, to a fair profit to the Franchise Hauler, 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 Franchise hauler, and to providing a sufficient and proper service to the public.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

4-03-1255 CHANGES IN RATES:

(a)    Every Franchise Hauler, prior to filing an application for rate adjustment with the Board of Supervisors, shall give written notice to each Customer within its Service Areas of the Franchise Hauler’s intent to apply for a rate adjustment 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 adjustment shall be accompanied by proof of service of the notice required by this section and shall be filed with the Solid Waste 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 adjustment within a reasonable time after the filing of the application. The Solid Waste Director shall give written notice of the time and place of the hearing to the applicant and notice of the hearing on the rate adjustment to the general public by publication as prescribed by Section 4-03-1077 of this Article.

(b)    Prior to the hearing the Solid Waste Director may conduct an investigation of any proposed rate adjustment, including an audit of a Franchise Hauler’s books. Upon completion of his or her investigation, the Solid Waste Director shall make a written report and recommendation to the Board regarding the proposed rate adjustment.

(c)    After said hearing the Board shall approve, disapprove or modify a proposed rate adjustment 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 applicable Service Areas.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

4-03-1260 RATE DISCRIMINATION PROHIBITED:

It shall be unlawful for any Franchise Hauler 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 Franchise Hauler from providing service for a charitable, community, civic or benevolent association without a fee or at reduced rates.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

4-03-1275 RESPONSIBILITY OF FRANCHISE HAULER:

In addition to other requirements of this Chapter, each Franchise Hauler shall:

(a)    Commence providing required service and facilities within thirty (30) days after the commencement date of the Franchise Agreement unless the Board extends the time upon the showing of reasonable grounds by the Franchise Hauler.

(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 Solid Waste 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/she is authorized by County to serve.

(d)    Annually provide financial records, material records and customer service records in the nature and form requested by the Solid Waste Director pertaining to the Service Area(s) served.

(e)    Implement waste diversion programs in accordance with the County Source Reduction and Recycling Element as such programs pertain to the Franchise Agreement. Each Franchise Hauler shall divert from Disposal at least 50% of the total waste they collect from their Service Area(s). The following formula shall be used to calculate Franchise Hauler’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 Green waste/Organic Waste.

Where D = Total waste landfilled in a County landfill.

Where E = Total material transferred to a non-County landfill.

Where F = Gross recycled.

(f)    Provide monthly records to the Solid Waste Director demonstrating to the satisfaction of the Solid Waste Director compliance with the waste diversion programs within the County Source Reduction and Recycling Element.

(g)    Comply with any necessary County special use permit requirements.

(h)    Pay all County charges due within 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 its 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, then all gate fees thereafter incurred by the applicant-entity holding the account privileges shall, at the discretion of the Solid Waste Director, be required to 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 Solid Waste 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 is placed on a cash only basis or prohibited from depositing waste at County owned landfills.

(4)    The Solid Waste 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 Solid Waste Director, in his or her sole discretion, sees fit.

(i)    Ensure proper identification on all Collection Vehicles and Containers that accurately identify the Franchisee.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

4-03-1285 SUSPENSION, MODIFICATION OR REVOCATION OF FRANCHISES:

(a)    The Solid Waste 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, any Franchise Agreement entered into with a Franchise Hauler in accordance with this Chapter, or State or Federal law; or if a Franchise Hauler misrepresented a material statement of facts in the application for a franchise; if a Service Area or portion thereof is not being adequately served by the person authorized 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 Solid Waste Director, there is sufficient evidence to constitute such a violation or cause, the Solid Waste Director shall give the Franchise Hauler 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 Franchise Hauler is unable or refuses to correct the violation or cause as ordered by the Solid Waste Director, then the Solid Waste Director shall forthwith give written notice to the Franchise Hauler directing it to appear before the Board at a stated time and place and show cause why the franchise should not be suspended, modified or revoked. The Solid Waste 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 Solid Waste Director, the Franchise Hauler 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 franchise upon finding:

(1)    That the Franchise Hauler violated any of the provisions of this Chapter, any rules or regulations adopted thereunder, or State or Federal law; or

(2)    That the Franchise Hauler misrepresented material statements of facts in the application for a franchise; or

(3)    That the Service Area or portion thereof designated by the Franchise Agreement is not being adequately served by the person authorized 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.

(5)    Evidence of noncompliance with any necessary County special use permit requirements.

(c)    The Board shall give written notice to the Franchise Hauler of its findings and its orders pursuant to this Section.

(d)    In lieu of the immediate suspension, modification, or revocation of a franchise, 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.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

ARTICLE 6. CUSTOMER SERVICE AND SERVICE TERMINATION

4-03-1310 CUSTOMER SERVICE AND ACCESSIBILITY:

Each Franchise Hauler 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. Each Franchise Hauler 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. Franchise Hauler shall also maintain an after-hours telephone message system to record calls received outside Franchise Hauler’s normal business hours. Each Franchise Hauler shall provide the County a means of contacting a representative of the Franchise Hauler on a twenty-four (24) hour, and seven (7) day a week basis.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

4-03-1315 CUSTOMER COMPLAINT LOG:

Each Franchise Hauler shall maintain a written log of all oral and written service complaints registered with the Franchise Hauler from Customers within County ("Complaint Log"). Each Franchise Hauler shall be responsible for prompt and courteous attention to, and prompt and reasonable resolution of, all Customer complaints. Each Franchise Hauler 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 Franchise Hauler with express written authorization for its disposal, such log shall be retained by Franchise Hauler for three (3) years beginning upon receipt of each complaint.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

4-03-1320 RESOLUTION OF COMPLAINTS:

Each Franchise Hauler shall respond to all Customer complaints within twenty-four (24) hours, Saturdays, Sundays, and holidays excluded. Each Franchise Hauler 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, then each Franchise Hauler shall Collect the Solid Waste, Recyclables, or Green Waste in question by the following day.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

4-03-1325 TERMINATION OF SERVICE TO CUSTOMER:

A Franchise Hauler 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 a Franchise Hauler 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 Franchise Hauler’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 Solid Waste Director.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

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 Solid Waste Director. If an objection to termination of service is received by the Solid Waste 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 Solid Waste 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 Solid Waste Director shall investigate any objection and render a decision in writing. Such decision shall be final unless appealed to a County hearing officer pursuant to Part 1, Chapter 31 of this Code, with a form furnished by the Clerk to the Board for such appeals. An appellant must pay a fee in an amount adequate to cover the cost of processing and hearing the appeal, as that amount is established from time to time by resolution of the Board.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

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.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

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 Solid Waste 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 Franchise Hauler may not submit an application for the same or a portion of the same Service Area determined adversely to it pursuant to Article 5, and a Franchise Hauler may not submit a new request for an increase or decrease in the same class of rates determined adversely to it 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 under this Chapter 3 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, a Franchise Hauler or any interested party of the County’s final decision, a County hearing officer shall provide notice that the time within which judicial review must be sought is governed by said Section 1094.6.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

ARTICLE 9. VIOLATIONS

4-03-1400 VIOLATIONS:

(a)    Any person violating any of the provisions of Sections 4-03-1135 and 4-03-1200 of this Chapter shall be guilty of a misdemeanor and shall be punishable as provided in Section 125 of this 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 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.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

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.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

4-03-1505 DIVERSION REQUIREMENTS:

(a)    One hundred percent (100%) of Inert Solids and at least sixty-five percent (65%) 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) noninert 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 65% by weight) to a facility for disposal.

(c)    Persons applying for a permit from the County for new construction and building additions shall also comply with requirements of this section and all required components of the California Green Building Standards Code, found at 24 CCR, Part 11, also known as CALGreen, as amended, if its project is covered by the scope of CALGreen. If there are any conflicts between the standards of CALGreen or the requirements of the County of Tulare, the more stringent requirements shall apply.

(d)    For projects covered by CALGreen, the applicants must, as a condition of the County’s permit approval, comply with the following:

(1)    Where five (5) or more Multifamily dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of Blue Container and Green Container materials, consistent with the three-, three-plus, or two-container collection program offered by the County, or comply with provision of adequate space for recycling for Multifamily and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11, as amended, provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

(2)    New Commercial construction or additions resulting in more than 30% of the floor area shall provide readily accessible areas identified for the storage and collection of Blue Container and Green Container materials, consistent with the three-, three-plus, or two-container collection program offered by the County, or shall comply with provision of adequate space for recycling for Multifamily and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11, as amended, provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

(3)    Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of Organic Waste in C&D from disposal, including those listed above in this section.

(e)    The Applicant for any Covered Project shall make reasonable efforts to ensure that all Construction and Demolition waste diverted or landfilled is 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 Noncovered Projects are encouraged to divert material from Construction and Demolition projects to the maximum extent practicable in accordance with this Chapter.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

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.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

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, 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.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

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, and provided that:

(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 Building Official or their designee 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 sixty five percent (65%) 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.

(e)    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.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

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 Building Official, or designee, shall determine alternate permit conditions and the Building Official will inform the Applicant, in writing, of any such alternative requirements.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

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.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

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.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

4-03-1540 ENFORCEMENT:

The Solid Waste 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 Article.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

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 Section 125 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 therefor as provided hereinabove.

(b)    If the Solid Waste 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 Building Official 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.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

4-03-1550 APPEAL:

(a)    Except as herein provided, all appeals of decisions made by the Building Official 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 a County hearing officer pursuant to Part 1, Chapter 31 of this Code, with a form furnished by the Clerk to the Board for such appeals. 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.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

ARTICLE 11. TRANSFER STATION SOLID WASTE COLLECTION SERVICES

4-03-1600 PURPOSE:

The County provides refuse and solid waste collection services in some areas by providing local property owners access to solid waste transfer stations and related services and facilities and desires to prescribe, revise and collect, fees, tolls, rates, rentals, or other charges for these services and facilities in order to continue to provide, maintain and operate these services and facilities.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

4-03-1605 AUTHORITY:

The County is authorized, pursuant to Health and Safety Code section 5470 et seq., to prescribe, revise and collect, fees, tolls, rates, rentals, or other charges for refuse collection services and facilities furnished by it and, pursuant to Health and Safety Code section 5473 et seq., to collect such fees, tolls, rates, rentals, or other charges, including any delinquency charges, on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

4-03-1610 FEES AND CHARGES: KENNEDY MEADOWS TRANSFER STATION:

After having given notice, holding a hearing and providing opportunity to protest to affected property owners in accordance with California Constitution, Article 13(D), and Health and Safety Code section 5470 et seq., the County hereby imposes and prescribes the following fees or charges for refuse and solid waste collection services provided by its transfer station on each parcel with an improvement or improvements as shown on the equalized tax rolls within the boundaries of the Kennedy Meadows subarea as set out in the County Mountain Area Plan, which fees and any delinquency charges shall be collected on the County tax rolls the same as any general taxes: $165 per fiscal year on each residential parcel and $500 per fiscal year on each commercial parcel. Such fees will be imposed and prescribed upon each unimproved parcel in the Kennedy Meadows subarea and shall be collected at such time that any building permit for improvements is issued for such parcel. Thereafter, such fees or charges and any delinquency charges will be collected on the tax roll the same as any general taxes.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

4-03-1615 SPECIAL EVENTS.

Special event recycling and organics collection required. For a special event, in addition to any other conditions the County requires as part of the special event permit, the responsible party shall either arrange for commingled or source separated collection and processing of garbage, recycling and organics with the franchised hauler, or shall arrange for and provide recycling and organics containers throughout the event location to make source separation of recyclable materials, organic materials and garbage convenient for the employees, volunteers, and agents of special events.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

ARTICLE 13. MANDATORY ORGANIC WASTE DISPOSAL REDUCTION ORDINANCE

4-03-1620 AUTHORIZATION:

The Solid Waste Director, or his or her designee, is hereby authorized to make any determinations, or undertake or arrange for any programs or activities required to implement and enforce the SB 1383 Regulations. In the event of a conflict between a definition set forth in 14 CCR Section 18982 and a term defined in County Code Section 4-03-1005, the definition set forth in 14 CCR Section 18982 shall control.

Nothing in this Chapter is intended to nor shall it be interpreted or construed as violating 14 CCR Sections 18990.1(b) or 18990.2.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

4-03-1625 NONDELEGABLE RESPONSIBILITIES:

In undertaking his or her obligations under Section 4-03-1620, the Solid Waste Director, or his or her designee, shall have sole authority and responsibility to perform the following nondelegable determinations, programs or activities, and in so doing may utilize County personnel:

a)    Initially determine, or modify, the Organic Waste collection services approach to be used by the County, either the standard organic waste collection services set forth in Article 3 of the SB 1383 Regulations, or the performance-based collection services set forth in Article 17 of the SB 1383 Regulations, following consultation with the Franchise Hauler.

b)    Adopting or modifying Organic Waste Recovery and Edible Food Recovery standards and policies consistent with SB 1383 Regulations.

c)    Granting of waivers from certain SB 1383 Regulations to an Organic Waste Generator, and preparation and maintenance of records regarding such waivers and exemptions as set forth in 14 CCR Section 18984.11.

d)    Conducting inspections and investigations in accordance with Section 18995.1 of Organic Waste Generators for compliance with applicable SB 1383 Regulations, and preparation and maintenance of records regarding such activities.

e)    Conducting inspections and investigations of complaints in accordance with Section 18995.3 of alleged violations of Chapter 12 of the SB 1383 Regulations, and preparation and maintenance of records regarding such activities.

f)    Applying for waivers or exemptions from certain SB 1383 Regulations granted by CalRecycle and maintaining records regarding such waivers and exemptions as set forth in 14 CCR Section 18984.12.

g)    Applying for waivers from SB 1383 requirements granted by CalRecycle in the event of emergencies or disasters and maintaining records regarding such waivers and exemptions as set forth in 14 CCR Section 18984.13.

h)    Regulating Food Recovery Organizations and Food Recovery Services for their compliance with applicable SB 1383 Regulations.

i)    Regulating Organic Waste Generators for their compliance with applicable SB 1383 Regulations.

j)    Initiating, inspecting, and prosecuting enforcement actions against Franchise Haulers, Food Recovery Organizations, Food Recovery Services and Organic Waste Generators for violation of this Article, including the determination and assessment of penalties as set forth in 14 CCR Sections 18995.1, 18995.4, 18997.1 and 18997.2.

k)    Receipt and investigation of written complaints of alleged violations of Chapter 12 of Title 14 as set forth in 14 CCR Section 18995.3.

l)    Procuring of recycled-content paper for use by the County as set forth in 14 CCR Section 18993.3.

m)    Adopting or modifying CALGreen Building Standards as set forth in 14 CCR Section 18989.1 and adopting a Water Efficient Landscaping Ordinance as set forth in 14 CCR Section 18989.2.

n)    Undertaking Organic Waste capacity planning, as set forth in 14 CCR Section 18992.1, and Edible Food Recovery capacity planning, as set forth in 14 CCR Section 18992.2.

o)    Maintaining and submitting records and reports required by the SB 1383 Regulations.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

4-03-1630 DELEGABLE RESPONSIBILITIES:

Except for those determinates, programs, or activities that are nondelegable as set forth under Section 4-03-1625, in undertaking his or her obligations under Section 4-03-1620, the Solid Waste Director, or his or her designee, may undertake programs or activities implementing applicable provisions of the SB 1383 Regulations, and in so doing may utilize County personnel, or may make arrangements for these delegable programs or activities as set forth in the SB 1383 Regulations with a Franchise Hauler, Food Recovery Organization, Food Recovery Service, other private or nonprofit entities, or through agreements with other jurisdictions.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

4-03-1635 REQUIREMENTS FOR SINGLE-FAMILY GENERATORS:

Single-Family Organic Waste Generators shall comply with the following requirements except Single-Family generators that meet the Self-Hauler requirements in accordance with this Chapter. Single-Family Organic Waste Generators:

(a)    Shall pay for and subscribe to County’s Organic Waste collection services for all Organic Waste generated as described below, unless a waiver has been granted by the County. 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, Single-Family generators shall adjust their service level for their collection services as requested by the County. Generators are responsible for any failure to subscribe and pay for such services, and may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

(b)    Shall participate in the County’s Organic Waste collection service(s) by placing designated materials in designated containers as described below, and shall not place Prohibited Container Contaminants in collection containers. Single-Family Organic Waste Generators shall comply with the applicable requirements of the County Code relating to collection and recovery of organic waste or the applicable SB 1383 Regulations and failure to comply may result in an enforcement action as set forth in Section 4-03-1675.

(1)    A three- and three-plus-container collection service (Blue Container, Green Container, and Gray Container) (choose Option 1a or 1b).

(A)    Option 1a: Generator shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container.

(B)    Option 1b: Generator shall place Source Separated Green Container Organic Waste, except Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Mixed Waste, including Food Waste, in the Gray Container. Generator shall not place materials designated for the Green Containers or Blue Containers in the Gray Containers.

(2)    It shall be unlawful and a violation of this Article to place Prohibited Container Contaminants in a collection container, and may subject the Generator to a contamination processing fee or Enforcement Action as set forth in Section 4-03-1675.

(a)    The Gray Container is provided solely for the placement and collection of nonorganic Solid Waste. No Organic Waste or Recyclable is permitted in the Gray Container.

(b)    The Blue Container is provided solely for the placement and collection of Recyclable. No Source Separated Green Container Organic Waste or Nonrecyclable is permitted in the Blue Container.

(c)    The Green Container is provided solely for the placement and collection of Source Separated Green Container Organic Waste. No Recyclable or nonorganic Solid Waste is permitted in the Green Container.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

4-03-1640 MANDATORY COMMERCIAL AND MULTIFAMILY RECYCLING AND ORGANIC RECYCLING:

a)    Commercial Generators responsible for Compliance. Each Commercial Generator, as defined in Section 4-03-1005, shall be responsible for ensuring and demonstrating its compliance with the requirements of this Chapter, including all multifamily dwellings of five units or more, and also including multifamily dwellings under five units that share Collection containers and services under one subscription with the Franchise Hauler.

b)    Commercial Recycling and Organics Collection Required. Each Commercial Generator shall be automatically enrolled in the County’s three-container Organic Waste Collection services with a Source Separated Recycling Materials service level and with a Source Separated Green Organic Waste service level, approved by the Solid Waste Director or designee. The County shall have the authority to change the minimum required service levels over time. The Commercial Business’s Source Separated Recyclable Material service level, and the Source Separated Green Container Organic Waste service level must be sufficient for the amount of Source Separated Recyclable Materials and Source Separated Green Container Organic Waste generated by the Commercial Business. The County shall have the right to review the number, size, and location of a generator’s containers and the frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Commercial Business shall adjust its service level for its collection services as requested by County.

    Except Commercial Businesses that meet the Self-Hauler requirements in Section 4-03-1665, participate in and comply with the County’s three-container (Blue Container, Green Container, and Gray Container) collection service by placing designated materials in designated containers as described below. It shall be unlawful and a violation of this Chapter to place Prohibited Container Contaminants in a collection container, and may subject the Generator to a contamination processing fee or Enforcement Action as set forth in Section 4-03-1675:

(i)    The Gray Container is provided solely for the placement and collection of nonorganic Solid Waste. No Organic Waste or Recyclable is permitted in the Gray Container.

(ii)    The Blue Container is provided solely for the placement and collection of Recyclable. No Source Separated Green Container Organic Waste or Nonrecyclable is permitted in the Blue Container.

(iii)    The Green Container is provided solely for the placement and collection of Source Separated Green Container Organic Waste. No Recyclable or nonorganic Solid Waste is permitted in the Green Container.

c)    Generators must supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming the requirements) 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 Businesses’ instructions to support its compliance with its self-haul program, in accordance with Section 4-03-1665.

d)    Commercial generators (excluding Multifamily Residential Dwellings) must provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. 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 type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:

1.    A body or lid that conforms with the container colors provided through the collection service provided by County, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first, as set forth in 14 CCR 18984.9(d).

2.    Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

e)    Multifamily Residential Dwellings are not required to comply with container placement requirements or labeling requirements in subsection (d) pursuant to 14 CCR Section 18984.9(b).

f)    To the extent practical through education, training, Inspection, and/or other measures, excluding Multifamily Residential Dwellings, Commercial Generators shall prohibit employees from placing materials in a container not designated for those materials per the County’s Blue Container, Green Container, and Gray Container collection service or, if self-hauling, per the Commercial Businesses’ instructions to support its compliance with its self-haul program, in accordance with Section 4-03-1665.

g)    Commercial Generators (excluding Multifamily Residential Dwellings) periodically inspect Blue Containers, Green Containers, and Gray Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

h)    Commercial Generators shall annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials.

i)    Commercial Generators shall 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 (when applicable) and the location of containers and the rules governing their use at each property.

j)    Commercial Generators shall provide or arrange access for County, the Solid Waste Department, the Solid Waste Director, or designee(s) or agents to their properties during all Inspections conducted in accordance with Section 4-03-1670 of this Chapter to confirm compliance with the requirements of this Chapter.

k)    Commercial Generators shall accommodate and cooperate with County’s Remote Monitoring program for Inspection of the contents of containers for Prohibited Container Contaminants, which may be implemented at a later date, to evaluate generator’s compliance with subsection (b). The Remote Monitoring program may involve installation of Remote Monitoring equipment as set forth in 14 CCR Section 18984.5.

l)    At Commercial Business’s option and subject to any approval required from the County, Commercial Generators may implement a Remote Monitoring program for Inspection of the contents of its Blue Containers, Green Containers, and Gray Containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify Prohibited Container Contaminants. Generators may install Remote Monitoring devices on or in the Blue Containers, Green Containers, and Gray Containers subject to written notification to or approval by the County, or the Solid Waste Department.

m)    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 14 CCR Section 18984.9(c).

n)    Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section 4-03-1650.

o)    Exemptions to mandatory commercial recycling and organics. The following shall be exempt from the requirements of this section. Commercial generators seeking an exemption shall submit their request for exemption in a form specified by the Solid Waste Director. After reviewing the exemption request, and after an on-site review, if applicable the Solid Waste Director may either approve, conditionally approve, or deny the exemption request.

1.    The state, a special district, or other local public agency other than the County, as defined, or any employee thereof, when collecting or transporting recyclable materials produced by operation or system of the entities described above.

2.    Municipal corporations and governmental agencies other than the County using their own vehicles and employees engaged in the collection, transportation or disposal of recyclable materials within the boundaries of the County.

3.    Commercial Generators that can provide documentation to the satisfaction of the Solid Waste Director showing that no organic materials and recyclable materials are generated by that Commercial Generator, its employees, customers, tenants, business practices, and other persons or processes which occur on the premises of the Commercial Generator. This exemption may be granted only if the Commercial Generator is not subject to the requirements of AB 1826 or AB 341.

4.    Commercial Generators that can provide documentation to the satisfaction of the Solid Waste Director that there is inadequate space on the subject premises for the Commercial Generator to store sufficient containers for recyclable materials and organic materials on site and that it is infeasible for the Commercial Generator to share recyclable materials or organic materials containers with adjacent commercial facilities or multifamily dwellings. This exemption may be granted only if the Commercial Generator is not subject to the requirements of AB 1826 or AB 341.

5.    Commercial Generators that can provide documentation to the satisfaction of the Solid Waste Director that compliance with this Chapter will result in violating County zoning or other regulations. This exemption may be granted only if the Commercial Generator is not subject to the requirements of AB 1826 or AB 341.

    Nothing in the foregoing shall exempt a Commercial Business from compliance with Section 42649.81 of the Public Resources Code.

p)    Implementation. Each Commercial Generator shall use containers to collect and store recyclable materials and organic materials, and shall designate areas to collect and/or store these materials. Each Commercial Generator shall prominently post and maintain one or more signs in maintenance or work areas or common areas where recyclable materials and organic materials are collected and/or stored that specify the materials to be recycled and how to recycle such material. The County shall notify and instruct Commercial Generators in writing of applicable recycling and organics requirements. Upon request by Commercial Generators, the County will also provide outreach and training to Commercial Generator employees and tenants regarding what materials are required to be recycled and how to recycle such material. Additionally:

1.    The Solid Waste department shall annually work with the Franchise Hauler to identify Commercial Generators subject to the requirements in this Chapter.

2.    The Solid Waste department shall review Franchise Hauler data to confirm whether all Commercial Generators are compliant with the requirements of this Chapter by reviewing subscription levels of Refuse, Organic Waste, and Recyclables Collection services. Those Commercial Generators who do not subscribe to the required Collection services with the franchised hauler will be notified of the requirement to subscribe or self-haul organics and recyclables. Those Commercial Generators who do not subscribe to the required services with the franchised hauler, but who can produce evidence of legitimate self-haul of organics and recyclables, will be deemed compliant with this Chapter, whereas those who cannot will be deemed noncompliant.

3.    The Solid Waste department shall work with the Franchise Hauler to conduct site visits with select Commercial Generators each year, covering all Commercial Generators every five years, in order to document whether Commercial Generators participate in the required recycling and organics collection programs (not just subscribe) and are therefore in compliance with the requirements of this Chapter.

4.    Solid Waste department shall annually work with any noncompliant Commercial Generators in order to bring them into compliance with the requirements of this Chapter by providing outreach, education, and technical assistance to facilitate compliance.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

4-03-1645 WAIVERS FOR GENERATORS:

(a)    De Minimis Waivers. The County may waive a Commercial Business’s obligation (including Multifamily Residential Dwellings) to comply with some or all of the Organic Waste requirements of this Chapter if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described below. Commercial Businesses requesting a de minimis waiver shall:

(1)    Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Section (a)(2) below.

(2)    Provide documentation that either:

(A)    The Commercial Business’s total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 20 gallons per week per applicable container of the business’ total waste; or

(B)    The Commercial Business’s total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 10 gallons per week per applicable container of the business’s total waste.

(3)    Notify the Solid Waste Department if circumstances change such that Commercial Business’s Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded.

(4)    Provide written verification of eligibility for de minimis waiver every 5 years, if the Solid Waste Department has approved de minimis waiver.

(b)    Physical Space Waivers. The County may waive a Commercial Business’s or property owner’s obligations (including Multifamily Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if the County has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements mentioned above.

    A Commercial Business or property owner may request a physical space waiver through the following process:

(1)    Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.

(2)    Provide documentation that the premises lacks adequate space for Blue Containers and Green Containers including documentation from its hauler, licensed architect, or licensed engineer.

(3)    Provide written verification to the Solid Waste Department that it is still eligible for physical space waiver every five years, if the Solid Waste Department has approved application for a physical space waiver.

(c)    Collection Frequency Waiver. The County, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the County’s three container Organic Waste collection service to arrange for the collection of their Blue Container, Gray Container, or both once every fourteen days, rather than once per week.

(d)    Review and Approval of Waivers by County. The Solid Waste Department will be responsible for review and approval of waivers. The decisions of the Department to grant or deny waivers is final.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

4-03-1650 REQUIREMENTS FOR COMMERCIAL EDIBLE FOOD GENERATORS:

(a)    Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

(b)    Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.

(c)    Commercial Edible Food Generators shall comply with the following requirements:

(1)    Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.

(2)    Contract with or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.

(3)    Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.

(4)    Allow County’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.

(5)    Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:

(A)    A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).

(B)    A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).

(C)    A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:

(i)    The name, address and contact information of the Food Recovery Service or Food Recovery Organization.

(ii)    The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.

(iii)    The established frequency that food will be collected or self-hauled.

(iv)    The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.

(6)    No later than January 1st of each year commencing no later than January 1st for Tier One Commercial Edible Food Generators and February 1st for Tier Two Commercial Edible Food Generators, provide an annual Food Recovery report to the Jurisdiction that includes the following information: Tonnage of Food Waste Diverted from the Waste Stream, Tonnage of Food Waste Unable to be Diverted from the Waste Stream, and Tonnage of Food Waste given to a Food Recovery Service.

(d)    Nothing in this Chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 commencing with Section 49580 to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

04-03-1655 REQUIREMENTS FOR FOOD RECOVERY ORGANIZATIONS AND SERVICES, JURISDICTIONS, AND REGIONAL AGENCIES:

(a)    Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):

(1)    The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.

(2)    The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.

(3)    The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.

(4)    The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.

(b)    Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

(1)    The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food.

(2)    The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.

(3)    The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery.

(c)    Food Recovery Organizations and Food Recovery Services shall inform generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b).

(d)    Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the County and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the Jurisdiction it is located in the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than July 1, 2023.

(e)    Food Recovery Capacity Planning

(1)    Food Recovery Services and Food Recovery Organizations. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the County, Food Recovery Services and Food Recovery Organizations operating in the County shall provide information and consultation to the County, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the County and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the County shall respond to such request for information within 60 days, unless a shorter time frame is otherwise specified by the County.

(2)    Jurisdictions and Regional Agencies. Cities and special districts that provide solid waste collection services, and regional agencies located within the County shall conduct Edible Food Recovery capacity planning, in coordination with the County.

(A)    If the County identifies that new or expanded capacity to recover Edible Food is needed, then each city and/or special district within the County that lacks capacity shall:

(i)    Submit an implementation schedule to CalRecycle and the County that demonstrates how it will ensure there is enough new or expanded capacity to recover the Edible Food currently disposed by Commercial Edible Food Generators within its jurisdiction by the end of the reporting period set forth in 14 CCR Section 18992.3. The implementation schedule shall include the information specified in 14 CCR Section 18992.2(c)(1)(A).

(ii)    Consult with Food Recovery Organizations and Food Recovery Services regarding existing, or proposed new and expanded, capacity that could be accessed by the city and/or special district and its Commercial Edible Food Generators.

(B)    If the County finds that new or expanded capacity is needed, the County shall notify the city and/or special district(s) that lack sufficient capacity.

(C)    A city or special district that provides solid waste collection services, or Regional Agency contacted by the County pursuant to this Section shall respond to the County’s request for information within 120 days of receiving the request from the County, unless a shorter time frame is otherwise specified by the County.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

4-03-1660 REQUIREMENTS FOR HAULERS AND TRANSFER STATIONS:

(a)    Requirements for Franchise Haulers.

(1)    All Franchise Haulers providing residential, Commercial, or industrial Organic Waste collection services to generators 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:

(A)    In accordance with 14 CCR 18998.1, through written notice to the County identify the facilities to which the Franchise Hauler will transport Organic Waste including facilities for Source Separated Recyclable Materials and Source Separated Green Container Organic Waste by written notice.

(B)    In accordance with 14 CCR Section 18988.2, transport Source Separated Recyclable Materials and Source Separated Green Container Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.

(2)    The Franchise Haulers authorized to collect Organic Waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements, as applicable, in accordance with its Franchise Agreement, permit, license, or other agreement entered into with County.

(b)    Requirements for Transfer Station Operators and Community Composting Operations.

(1)    Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, transfer stations, Compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon County’s 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 60 days.

(2)    Community Composting operators, upon County’s request, shall provide information to the County to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the County shall respond within 60 days.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

4-03-1665 SELF-HAULER REQUIREMENTS:

(a)    Self-Haulers shall source separate all recyclable materials and Organic Waste (materials that County otherwise requires generators to separate for collection in the County’s organics and recycling collection program) generated on site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.

(b)    Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.

(c)    Self-Haulers that are Commercial Businesses (including Multifamily Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the County. The records shall include the following information:

(1)    Delivery receipts and weight tickets from the entity accepting the waste.

(2)    The amount of material in cubic yards or tons transported by the generator to each entity.

(3)    If the material is transported to an entity that does not have scales on site, or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.

(d)    Self-Haulers that are Commercial Businesses (including Multifamily Self-Haulers) shall provide information collected in Section 4-03-1650(c).

(e)    A residential Organic Waste Generator that self hauls Organic Waste is not required to record or report information in Section 4-03-1650(c).

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

4-03-1670 INSPECTIONS AND INVESTIGATIONS BY COUNTY, SOLID WASTE DEPARTMENT, SOLID WASTE DIRECTOR OR DESIGNEE(S):

Inspections shall comply with the following requirements:

(a)    The County, Solid Waste Department, Solid Waste Director, or authorized and designated representatives thereof are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this Chapter by Organic Waste Generators, Commercial Businesses (including Multifamily Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws ("Regulated Entities"). This Section does not allow County, the Solid Waste Department, Solid Waste Director, or any authorized or designated representatives thereof to enter the interior of a private residential property for Inspection. For the purposes of inspecting Commercial Business containers for compliance with this Section the County, through its Solid Waste Department, Solid Waste Director, or designee(s) may conduct container Inspections for Prohibited Container Contaminants using Remote Monitoring, and Commercial Businesses shall accommodate and cooperate with the Remote Monitoring pursuant to this Section.

(b)    Regulated Entities shall provide or arrange for reasonable access during all Inspections (with the exception of residential property interiors) and shall cooperate with the County’s employee or its designated entity/Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this Chapter described herein. Failure to provide or arrange for: (i) access to an entity’s premises; (ii) installation and operation of Remote Monitoring equipment (optional); or (ii) access to records for any Inspection or investigation is a violation of this Chapter and may result in penalties described.

(c)    Any records obtained by the County during its Inspections, Remote Monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

(d)    The Solid Waste Department, or the Solid Waste Director, or designee are authorized to conduct any Inspections, Remote Monitoring, or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws.

(e)    County shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 Regulations, including receipt of anonymous complaints.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)

4-03-1675 ENFORCEMENT OF ARTICLE 13:

(a)    Violation of any provision of this Article 13 shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by the Solid Waste Department, representative, or designee. The procedures regarding imposition, enforcement, collection, and review of citations, found at Chapter 23 of Part I of the Tulare County Ordinance Code, are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Chapter and any rule or regulation adopted pursuant to this Chapter, except as otherwise indicated in this Chapter.

(b)    Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The County of Tulare may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The County of Tulare may choose to delay court action until such time as a sufficiently large number of violations or cumulative size of violations exist such that court action is a reasonable use of County staff and resources.

(c)    Responsible Entity for Enforcement.

(1)    Enforcement pursuant to this Chapter may be undertaken by the Solid Waste Department, which may be the Solid Waste Director, or designee.

(A)    The Solid Waste Department, Solid Waste Director, or designee will interpret this Chapter; determine the applicability of waivers, if violation(s) have occurred; implement Enforcement Actions; and, determine if compliance standards are met.

(B)    The Solid Waste Department, Solid Waste Director, or designee may issue Notices of Violation(s).

(d)    Process for Enforcement.

(1)    The Solid Waste Department, or Solid Waste Director and/or their Designee will monitor compliance with this Chapter randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program (that may include Remote Monitoring). Section 4-03-1670 establishes the County’s right to conduct Inspections and investigations.

(2)    The County of Tulare may issue an official notification to notify regulated entities of its obligations under this Chapter.

(3)    For incidences of Prohibited Container Contaminants found in containers, the County may issue a Notice of Violation to any generator found to have Prohibited Container Contaminants in a container. Such notice will be provided via a cart tag or other communication, or other written notice immediately upon identification of the Prohibited Container Contaminants or within 10 days after determining that a violation has occurred. If the County or the Franchise Hauler observes Prohibited Container Contaminants in a generator’s containers on more than 3 consecutive occasion(s), the County may assess or may authorize the Franchise Hauler to assess in accordance with its franchise agreement, contamination processing fees on the generator.

(4)    With the exception of violations of generator contamination of container contents addressed under subsection (d)(3) above, County shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice.

(5)    Absent compliance by the respondent within the deadline set forth in the Notice of Violation, County shall commence an action to impose penalties, via an administrative citation and fine, pursuant to Chapter 23 of Part I of the Tulare County Ordinance Code. The following table describes different violations but is not exhaustive.

Table 1. List of Violations 

Requirement	Description of Violation
Commercial Business and Commercial Business Owner Responsibility Requirement	Commercial Business fails to provide or arrange for Organic Waste collection services consistent with Jurisdiction requirements and as outlined in this Chapter, for employees, contractors, tenants, and customers, including supplying and allowing access to adequate numbers, size, and location of containers and sufficient signage and container color.
Organic Waste Generator Requirement	Organic Waste Generator fails to comply with requirements adopted pursuant to this Chapter for the collection and Recovery of Organic Waste.
Hauler Requirement	A hauler providing residential, Commercial or industrial Organic Waste collection service fails to transport Organic Waste to a facility, operation, activity, or property that recovers Organic Waste, as prescribed by this Chapter.
Hauler Requirement	A hauler providing residential, Commercial, or industrial Organic Waste collection service fails to obtain applicable approval issued by the Jurisdiction to haul Organic Waste as prescribed by this Chapter.
Hauler Requirement	A hauler fails to keep a record of the applicable documentation of its approval by the Jurisdiction, as prescribed by this Chapter.
Self-Hauler Requirement	A generator who is a Self-Hauler fails to comply with the requirements of 14 CCR Section 18988.3(b).
Commercial Edible Food Generator Requirement	Tier One Commercial Edible Food Generator fails to arrange to recover the maximum amount of its Edible Food that would otherwise be disposed by establishing a contract or written agreement with a Food Recovery Organization or Food Recovery Service and comply commencing Jan. 1, 2022.
Commercial Edible Food Generator Requirement	Tier Two Commercial Edible Food Generator fails to arrange to recover the maximum amount of its Edible Food that would otherwise be disposed by establishing a contract or written agreement with a Food Recovery Organization or Food Recovery Service and comply commencing Jan. 1, 2024.
Commercial Edible Food Generator Requirement	Tier One or Tier Two Commercial Edible Food Generator intentionally spoils Edible Food that is capable of being recovered by a Food Recovery Organization or Food Recovery Service.
Organic Waste Generator, Commercial Business Owner, Commercial Edible Food Generator, Food Recovery Organization or Food Recovery Service	Failure to provide or arrange for access to an entity’s premises for any Inspection or investigation.
Recordkeeping Requirements for Commercial Edible Food Generator	Tier One or Tier Two Commercial Edible Food Generator fails to keep records.
Recordkeeping Requirements for Food Recovery Services and Food Recovery Organizations	A Food Recovery Organization or Food Recovery Service that has established a contract or written agreement to collect or receive Edible Food directly from a Commercial Edible Food Generator pursuant to 14 CCR Section 18991.3(b) fails to keep records.

(6)    Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the County or if no such address is available, to the owner at the address of the dwelling or Commercial property or to the party responsible for paying for the collection services, depending upon available information.

(e)    Penalty Amounts for Types of Violations. The penalty levels are as follows:

(1)    For a first violation, the amount of the base penalty shall be $50 to $100 per violation.

(2)    For a second violation, the amount of the base penalty shall be $100 to $200 per violation.

(3)    For a third or subsequent violation, the amount of the base penalty shall be $250 to $500 per violation.

(f)    Factors Considered in Determining Penalty Amount. The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:

(1)    The nature, circumstances, and severity of the violation(s).

(2)    The violator’s ability to pay.

(3)    The willfulness of the violator’s misconduct.

(4)    Whether the violator took measures to avoid or mitigate violations of this Chapter.

(5)    Evidence of any economic benefit resulting from the violation(s).

(6)    The deterrent effect of the penalty on the violator.

(7)    Whether the violation(s) were due to conditions outside the control of the violator.

(g)    Compliance Deadline Extension Considerations. The County may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with this Section 4-03-1675 if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

(1)    Acts of God such as earthquakes, wildfires, flooding, pandemic, epidemic, or the threat thereof and other emergencies or natural disasters;

(2)    Delays in obtaining discretionary permits or other government agency approvals; or

(3)    Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the County is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

(h)    Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with County’s procedures in Chapter 31 of Part I of the Tulare County Ordinance Code for appeals of administrative citations. Evidence may be presented at the hearing. The County will appoint a hearing officer who shall conduct the hearing and issue a final written order.

(i)    Education Period for Noncompliance. Beginning January 1, 2022, and through December 31, 2023, County will conduct Inspections, Remote Monitoring, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if County determines that Organic Waste Generator, Self-Hauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this Chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

(j)    Civil Penalties for Noncompliance. Beginning January 1, 2024, if the County determines that an Organic Waste Generator, Self-Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this Chapter, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant this section.

(Repealed and replaced by Ord. No. 3596, effective 12-07-21)