§ 31-35. Performance standards.

The licensed hauler shall comply with the following minimum performance standards as a condition of obtaining, maintaining, or renewing its license:

A.

Licensee shall implement programs to divert from disposal a minimum of twenty-five (25) percent of the solid waste it collects annually. The licensed hauler shall submit an annual compliance report certifying that it has met the minimum diversion requirement programs and the amount and type of solid waste that the licensed hauler diverted from disposal in that prior year. The Board may review and/or change the minimum solid waste diversion percentages annually. The Board may also stipulate diversion requirements in franchise agreements. The solid waste diversion percentage will be calculated by applying the following formulas:

1.

Total Solid Waste Generation = Solid Waste Disposed (tons) + Solid Waste, including Recyclable Materials and Organic Waste, diverted from disposal/Recycled (tons).

2.

Solid Waste Diversion Percentage = Solid Waste, including Recyclable Materials and Organic Waste, diverted from Disposal/Recycled (tons) divided by Total Solid Waste Generated (tons).

B.

Reporting. At a minimum, each licensed hauler shall prepare and submit quarterly recycling reports, due by the thirtieth day following the end of the previous quarter (for example, April 30 for the quarter January—March), on a form approved by the county SWM. Said reports shall include the weight (by type) of waste collected and the weight (by type) of materials recycled for each jurisdiction (city, town, county).

C.

Collection Requirements. Each licensed hauler shall conform to the following conditions:

1.

Commercial Solid Waste, Including Recyclables. Except as provided in subsection C.9., and unless otherwise ordered by the LEA, every licensed hauler shall provide not less than one (1) regular weekly collection of solid wastes to all commercial customers. Non-putrescible materials which have been segregated from other wastes for the purpose of recycling and which have been properly stored or contained, may be collected less frequently than weekly, as agreed to by the licensed hauler and commercial customer.

2.

Residential Solid Waste. Every licensed hauler shall provide not less than one (1) regular weekly collection of solid wastes set out for collection within five (5) feet of service roads by any residential customer, without discrimination as to place of residence or location within the county.

3.

Residential Recyclables. Every licensed hauler shall provide residential customers located within the unincorporated urban areas identified as recycling zones regular curbside collection of recyclable materials set out in a recycling container provided by the licensed hauler for collection within five (5) feet of service roads. The licensed hauler shall provide regular curbside collection of recyclable materials as part of the base collection services and the charge for this service shall be included in the base collection fee. With LEA approval, non-putrescible recyclable material can be collected less frequently than weekly.

4.

Residential Yard Waste/Green Waste. Every licensed hauler shall provide residential customers located within the unincorporated urban areas identified as recycling zones regular curbside collection of yard waste/green waste set out in a recycling container provided by the licensed hauler for collection within five (5) feet of service roads. The licensed hauler shall provide regular curbside collection of yard waste/green waste as part of the base collection services and the charge for this service shall be included in the base collection fee.

5.

Licensed haulers may offer curbside collection of recyclables and yard waste/green waste to customers located outside of a recycling zone and are allowed to charge an additional fee for the service.

6.

Commercial Recyclables.

a.

Every licensee shall offer commercial customers located within the unincorporated County areas that produce four (4) or more cubic yards of solid waste per week, and each multi-family residential dwelling of five (5) or more units, recycling services consistent with the volume and type of common recyclable materials the commercial and/or multi-family customer produces. Recycling services shall be offered annually and upon commencement of disposal services. For those customers that are located in areas that do not offer the density for efficient collection of recyclable materials, the hauler may request, in writing, a waiver from the SWM of the requirement to offer and provide recycling services.

b.

Organics. Licensed haulers shall provide commercial customers and multi-family residential dwellings of five (5) or more units located within the unincorporated County areas organic waste recycling based on the implementation schedule of the state's mandatory commercial organic recycling requirements (AB 1826) as follows:

April 1, 2016 — Commercial customers and multi-family residential dwellings that generate eight (8) cubic yards of organic waste per week shall arrange for organic waste recycling services.

January 1, 2017 — Commercial customers and multi-family residential dwellings that generate four (4) cubic yards of organic waste per week shall arrange for organic waste recycling services.

January 1, 2019 — Commercial customers and multi-family residential dwellings that generate four (4) cubic yards of solid waste per week shall arrange for organic waste recycling services.

* Multi-family residential dwellings are not required to arrange for food waste recycling.

c.

Reporting. Each licensee shall report, on a quarterly basis, the total number of commercial and multi-family residential dwelling customers subject to the requirements of AB 1826 and the number of those customers complying with the requirements of AB 1826.

7.

Non-Service Roads. Every licensed hauler may, but is not obligated to, provide such collection of solid wastes set out for collection along non-service roads, and may, in such event, require the residential customer to sign a waiver of damage liability or indemnification or both in a form approved by the county. Every licensed hauler will use reasonable efforts to reach agreement with persons owning or occupying real property along non-service roads, including said person's setting solid waste out for collection at a mutually acceptable location or paying extra charges.

8.

Variable Collection Rates. Licensed haulers shall offer variable collection rates to customers based on size of refuse container to provide an incentive to participate in recycling programs. Collection rates are established by a Rate Setting Methodology as part of the County's Franchise Agreements with licensed haulers.

9.

Collection Frequency and Time. The frequency of collection shall be as specified in subsections C.1. — 4. No licensed hauler shall collect solid wastes or recyclable materials within five hundred (500) feet of an area zoned for residential use earlier than 5:30 a.m. no later than 8:00 p.m., or on Sundays, except in emergencies or with the approval of the LEA.

10.

Changed Schedule. The licensed hauler shall provide customers with advance written notice of changes in customer's scheduled day of regular collection or other service or billing changes in customer's collection services bill immediately preceding that change or by separate notice sent by first class mail thirty (30) days in advance of the change.

11.

Delivery. Within seven (7) days of receiving a customer's oral or written request for services, following execution of a subscription order, the licensed hauler shall provide and deliver, without charge to the customer, the customer's choice of the licensed hauler's containers, unless the customer has his or her own containers acceptable to the licensed hauler.

12.

Termination of Service. Upon oral or written direction of any customer, every licensed hauler will cease providing service promptly or at any other time specified by that customer, without penalty.

13.

Container Pick Up. On a customer's next regularly scheduled collection day, after receiving oral or written direction from that customer to discontinue services, but no later than seven (7) days thereafter, the licensed hauler will pick up and remove, without charge, licensed hauler's containers.

14.

Exchange. Upon oral or written direction to the licensed hauler, the customer may exchange without charge licensed hauler's containers for different sizes, add extra licensed hauler's containers or reduce the number of licensed hauler's containers. The licensed hauler will exchange, deliver or remove licensed hauler's containers in accordance with the customer's request no later than that customer's next regularly scheduled collection day following receipt of that request but no later than five (5) days thereafter.

15.

Push Services. At the request of any residential customer who provides a letter from a medical doctor or doctors attesting that no one residing in the residence has the physical ability to bring containers to the place of collection, the licensed hauler will provide push services without additional charge to the customer. At the request of any other customer, the licensed hauler will provide push services, and may bill that customer extra for those services. At least annually, the licensed hauler shall provide customers with notice of available push services and charges for those services. County will review and approve fees for this service.

16.

Service Standards.

a.

General. The licensed hauler will perform all services in a prompt, thorough, reliable, courteous and professional manner consistent with municipal solid waste collection industry standards so that customers receive high-quality service at all times, subject to the exceptions set forth in subsection C.17., Service Exceptions, below and uncontrollable circumstances. If uncontrollable circumstances preclude the licensed hauler's timely performing services, the licensed hauler will resume services on the first scheduled regular collection day following cessation of those uncontrollable circumstances, including collection of solid waste accumulated during the continuance of those uncontrollable circumstances.

b.

Litter. The licensed hauler will use due care to prevent solid waste from being: (1) spilled or scattered during collection and transportation, including during removal and dumping of containers' contents into the collection vehicle, and (2) tracked onto any alley, street, road or highway by vehicles. The licensed hauler will not transfer loads from one (1) vehicle to another on any alley, street, road or highway unless necessitated by mechanical failure or accidental damage to a vehicle. The licensed hauler will immediately clean up any solid waste that it spills or scatters. Each collection vehicle will carry a broom and shovel at all times for this purpose. If the licensed hauler fails to clean up that solid waste within twenty-four (24) hours' oral or written notice by county, county may clean up or cause to be cleaned up that solid waste and licensed hauler shall reimburse county for county's clean-up costs. The licensed hauler is responsible for paying any fees, surcharges or other levies for improperly covering loads charged by the operator of any solid waste facility or other entity.

c.

Respect for Property.

(1)

Fixtures and Personality. The licensed hauler's employees shall use due care in entering and exiting customers' property or enclosures and shall use paved walks, driveways or surfaces where practicable.

(2)

Containers. The licensed hauler will handle containers with due care. The licensed hauler will return containers to within five (5) feet of the location from which the licensed hauler picked them up, in an upright position, with lids properly and fully secured. The licensed hauler will not place containers where they will obstruct any passable driveway, sidewalk, street or highway.

d.

Missed Collection. The licensed hauler will provide a special pickup or other corrective action acceptable to a customer within twenty-four (24) hours (Saturdays, Sundays and holidays accepted) of oral or written notice to the licensed hauler of a missed scheduled collection at no charge to the customer. Licensee shall be allowed to charge a return trip fee if the licensee documents that the customer's container was not set out at the normal service time. If the licensed hauler does not timely provide that special collection, county may perform the collection or cause the collection to be performed by a third party, and the licensed hauler shall reimburse county for its costs for such collection. Licensee shall maintain a list of all missed collections and documented corrective action.

17.

Service Exceptions. The licensed hauler need not collect solid waste upon the occurrence of the events or in the circumstances described in this subsection. In these events or circumstances, other than nonpayment, licensed hauler will complete and leave a non-collection notice securely attached to the container it does not collect, describing at a minimum the date and time given, the address of the premises, the reason for the non-collection, and the manner in which materials should be prepared for collection.

a.

Waste Not Properly Placed in Containers. The licensed hauler need not collect any solid waste, including recyclable materials, placed outside a container.

b.

Overweight Containers. The licensed hauler need not manually collect customer containers that are cans which cannot be dumped mechanically and which, together with the contents of those containers, weigh more than fifty-five (55) pounds. The licensed hauler need not collect bin or roll off containers, which together with the vehicle, exceed the legal weight limit for vehicles under applicable law. The licensed hauler will first notify customer, by tag attached to the container or other means, that customer must remove solid waste to reduce the weight of those containers to legal limits. Thereafter, the licensed hauler may remove that solid waste from the licensed hauler's containers and charge customer a specified fee, as listed in the licensed hauler's rates, a copy of which must be supplied to the customer at or before the time of container delivery.

c.

Container Placed Along Non-Service Road. The licensed hauler need not collect any container placed along any non-service road, unless the licensed hauler has reached agreement with the customer who has set the container out for collection and the customer is in compliance with the terms of the agreement.

d.

Unsafe Condition. The licensed hauler need not collect containers if the licensed hauler determines that any condition at or near those containers presents a health or safety threat to the licensed hauler's employees. The licensed hauler will promptly notify the affected customer of those threats. The licensed hauler may discontinue collection for that customer until customer eliminates those threats.

e.

Hazardous Waste or Unsafe Materials. The licensed hauler need not collect containers if the licensed hauler has reason to believe they contain hazardous waste, materials not accepted at the designated solid waste facility or facilities, or other materials that present a health or safety threat to the licensed hauler's employees. The licensed hauler will promptly notify the customer that the container contains such waste or materials and shall provide that customer with written information about the proper methods for handling and disposal thereof. If the hazardous waste or other materials could cause imminent danger to persons or property, the licensed hauler will immediately report the matter to the Fire Department which has jurisdiction.

f.

Nonpayment. The licensed hauler need not collect containers, and may repossess the licensed hauler's containers, if customer does not pay its bill by the last day of a billing period.

18.

Customers' Bill of Rights. Before commencing services, the licensed hauler will provide all customers with a written subscription order, including the applicable service rates, pick up location, pick up day, and a description of customers' rights, in a form approved by the county SWM.

D.

Collection Equipment Standards.

1.

Recycling bins may be either open or closed containers. Open containers shall not become a public nuisance, as determined by the LEA, and shall be of a proper size to accommodate seven (7) days' accumulation of recyclable materials.

2.

Solid waste equipment and vehicles shall only be parked or stored at a site approved by the LEA, in compliance with all applicable zoning regulations and at such location as not to cause a nuisance to either neighbors or the general public.

3.

All containers used for the collection, transportation, or storage of solid wastes or recyclable materials, including wet or liquid-producing materials or materials composed of fine particles, by any person, shall be nonabsorbent, leak-resistant, watertight, durable, easily cleaned and designed for safe handling, and constructed with tight-fitting lids and otherwise to prevent the harborage and propagation of insects, rodents and odors and to prevent loss of solid waste or recyclable materials from the containers during collection and transportation. All containers shall be maintained in good condition and cleaned on a frequency and in a manner so as to prevent the propagation or attraction of flies, rodents or other vectors and the creation of nuisances. Such cleaning shall be performed by the licensed hauler or by the customer, if so provided in the applicable service contract. All containers shall be clearly marked on each side with the name and telephone number of the licensed hauler.

4.

Every collection vehicle used by the licensed hauler for collecting and disposing of solid waste shall be designed and/or suitable for the collection of solid waste and shall comply with the provisions of all applicable laws, including this chapter. All such vehicles shall be kept painted on the exterior, shall be maintained in good, safe and clean condition. There shall be displayed on each side of each vehicle the licensed hauler's business name, telephone number, the vehicle number and the words "County License No. _______," in letters not less than four (4) nor more than twelve (12) inches in height. The LEA may suspend any collection vehicle from operating if the collection vehicle does not meet the safety and health requirements identified under the Vehicle Code, the Health and Safety Code, and this chapter.

5.

Solid waste shall be loaded on vehicles so that none of it falls, drops, or spills upon the ground, and it should be protected from wind and rain. A shovel, broom, and fire extinguisher shall be kept on each vehicle at all times.

6.

The licensed hauler shall provide written notice and a description of newly acquired solid waste collection vehicles (including make, model and identification number) to the LEA within fourteen (14) days after acquisition of the vehicle.

7.

The LEA shall inspect all solid waste collection vehicles and transfer bins at the time license application is filed and shall inspect all collection vehicles including newly acquired collection vehicles at a minimum of once per year thereafter. Requests for annual inspection shall be made by the LEA two (2) weeks in advance.

8.

Residential and commercial recycling containers shall include an imprint or decal listing the recyclable materials that are accepted in the curbside recycling program. Such decals shall be replaced as needed to provide that the information is legible.

E.

Separation of Recyclable Materials. The licensed hauler will not segregate, separate or remove any recyclable materials from solid waste, unless approved by county in county's sole discretion.

F.

Maintenance of Storage Containers by Licensed Hauler. Where the licensed hauler furnishes reusable storage containers for solid waste, the licensed hauler is responsible for maintaining the containers in good condition, ordinary wear and tear excepted. The licensed hauler and the customer shall agree to the size and frequency of collection from storage containers provided for or by the licensed hauler.

G.

Disposal of Wastes.

1.

Licensed haulers shall deliver all solid waste they collect to a solid waste facility or facilities in Butte County owned by the county and designated by county's SWM. Except that licensed haulers may deliver commingled recyclable material and construction and demolition material to a recycling facility associated with a county approved recycling program, provided that residual solid waste may be required to be delivered to a solid waste facility or facilities in Butte County owned by the county and designated by county's SWM. Provided, however, licensed haulers may deliver solid waste they collect to a solid waste facility located in another state of the United States outside the State of California that is in full compliance with the laws and regulations applicable to that facility.

2.

It shall be illegal for a licensed hauler to dispose of solid waste at an unpermitted illegal disposal site. A violation, upon conviction, shall be punishable by a ten thousand dollar ($10,000.00) fine and shall be grounds for immediate revocation of the license. Each day of violation shall be counted as a separate offense.

3.

The licensed hauler will observe and comply with all regulations applicable to the licensed hauler in effect and posted at the designated solid waste facility or facilities or otherwise provided to the licensed hauler and will coordinate deliveries with the schedule of the solid waste facility or facilities. The licensed hauler will at all times deliver and discharge materials and exit in accordance with standard disposal facility practices.

H.

No Discrimination. The licensed hauler shall not discriminate against customers entitled to solid waste collection on account of race, color, national origin, ancestry, religion, sex, age, sexual orientation, marital status, physical handicap or medical condition, place of residence within the county, or as otherwise prohibited by and in accordance with applicable law.

I.

Commingling of Solid Waste. The licensed hauler may commingle solid waste collected in the incorporated areas of the county with solid waste collected in the unincorporated area of the county, provided that licensed hauler can provide to the SWM a method that will document accurately the amount of waste collected in the unincorporated area.

J.

Customer Service.

1.

The licensed hauler will maintain a local telephone number, toll free to customers, at least during office hours. The licensed hauler will list that telephone number under the licensed hauler's name in county telephone directories (white pages and yellow pages) and print it on customers' bills. The licensed hauler will provide an answering machine or answering service to take reports of missed pick-ups and other complaints which are received outside of office hours.

2.

The licensed hauler will train its customer service representatives. The licensed hauler will authorize customer service representatives to resolve complaints and disputes or to have immediate access by phone or in person to someone authorized to do so.

3.

The licensee shall maintain a record of all complaints received by mail, by telephone, by email, or in person for a period of three (3) years. The licensee shall identify the date, name, address, the contact information of the customer making the complaint, the nature of the complaint and the action taken by the licensee to resolve the complaint. The licensee shall initially respond to the customer within one (1) business day and shall use reasonable efforts to resolve all customer complaints within two (2) business days. Records of all complaints shall be available to the County's officers upon request.

4.

Customer service representatives shall inform all new residential and commercial customers inside the recycling zones of the curbside recycling program. A pamphlet explaining the program and acceptable recyclable materials shall be provided to the customer at time of subscribing to trash service.

5.

At least once per year, information about the licensed hauler's recycling programs shall be distributed to residential and commercial customers inside the recycling zone areas. Information shall include, at a minimum, available recycling programs, acceptable materials collected by the recycling programs, variable can rates, and disposal options for wastes not acceptable for disposal at the Neal Road Recycling & Waste Facility. Licensed hauler shall submit its educational and promotional material to the SWM for review prior to distribution.

(Ord. No. 3844, § 14, 2-11-03: Ord. No. 3336, § 2, 5-27-97; Ord. No. 3856, § 1, 7-22-03; Ord. No. 3859, § 1, 8-26-03; Ord. No. 3969, § 2 (part), 8-28-07)

(Ord. No. 4019, § 3, 4-13-10; Ord. No. 4046, § 2, 6-26-12; Ord. No. 4047, § 1, 8-14-12; Ord. No. 4088, § 46, 11-4-14; Ord. No. 4114, § 4, 5-24-16 )