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(a) Except as specifically exempted in section 68.531, it is unlawful for a person to engage in the business of collection of discarded materials kept, accumulated, or produced in the unincorporated area of the County, unless the person has entered into a NEFA, or CRMC pursuant to this chapter that is in full force and effect.
(b) [Reserved.]
(c) Effective July 1, 2021, collectors will be required to operate under a NEFA and will be approved for one or more collector types. The combined number of collectors authorized to service single-family, multi-family, and commercial generators shall be limited to the number of such NEFAs in effect on July 1, 2021. Beginning July 1, 2021, the number of NEFAs authorizing single-family collectors and multi-family/commercial collectors will decrease if, and when, any NEFAs authorizing single- family collectors and multi-family/commercial collectors are no longer valid due to revocation or termination, the collector opts not to renew the NEFA, or other cause. The Board has the right to adjust the number of NEFAs authorizing single-family collectors and multi-family/commercial collectors if it finds that it is in the public health, safety, or welfare of the citizens of the unincorporated area of the County to increase or decrease the maximum number of single-family collectors and multi-family/ commercial collectors. The number of NEFAs for C&D collectors shall not be limited.
(d) A "limited single-family service allowance" may be granted by the Director to a multi- family/ commercial collector that is not approved as a single-family collector to allow for the collector to collect from 100 or fewer single-family customers subject to review and approval for such allowance by Director.
(Amended by Ord. No. 7920 (N.S.), effective 7-11-91; amended by Ord. No. 8790 (N.S.), effective 4-29-97; amended by Ord. No. 8866 (N.S.), effective 1-6-98; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
The following persons shall be exempt from section 68.530:
(a) A person that collects recyclable materials and organic waste from service recipients, for the purpose of recycling or processing, but only if such person: (1) does not directly or indirectly charge the service recipient a monetary sum or other consideration for provision of such service; (2) pay the service recipient a net payment for the receipt of such recyclable materials or organic waste; and, (3) provide written documentation to the County upon its request that such persons meet the foregoing requirements.
(b) A person (e.g., gardener, landscaper, tree-trimming service, demolition contractor, construction contractor, document shredding service provider, residential or commercial on-property clean-out service provider, excluding construction and demolition clean-up service providers that are required to be C&D collectors with valid NEFAs as of July 1, 2021) that removes and transports discarded materials from a premises as an incidental and a minor part of the service being performed; provided that the removed discarded materials were generated by the services the person provided. Notwithstanding the preceding sentence, nothing in this section 68.531 shall be construed to exempt hauling services from section 68.530.
The materials that such person may remove as an incidental part of service shall be discarded materials that such person or contractor generated by the services they provided (e.g., building framers may haul wood scraps, plumbers may haul pipe discards, demolition contractors may haul demolition materials). Recyclable materials and organic materials so removed shall be recycled or processed and may not be disposed, and solid waste so removed shall be properly disposed of at a solid waste facility.
(c) A person from an agricultural operation that removes agricultural materials from an agricultural premises and transports the material to another agricultural operation for a purpose other than disposal.
A person that removes discarded materials generated and stored at any premises and transports the materials to a facility for reuse, salvage, recycling, processing, transfer, or disposal provided such person owns, leases, rents, or has legal access to such premises, or, in the case of a commercial premises, multi-family premises, or a County facility provided such removal and transportation is performed by the owner, principal, or partner of the commercial premises, multi-family premises, County, or his/her bona fide employees using a vehicle owned or leased by the commercial premises, multi-family premises, or County facility.
A person that removes and transports residential discarded materials from a group of single-family residential owners or tenants when residences, not to exceed ten (10) units, lie within a single boundary served internally only by private streets.
(d) A person removing or transporting materials generated by public schools and State facilities.
(e) A person removing or transporting recyclable materials, green materials (excluding wood waste), food waste, and pallets, provided such person is a CRMC and complies with CRMC requirements.
(f) A person removing or transporting any of the following:
(1) Hazardous waste or medical waste regardless of its source.
(2) By-products of sewage treatment, including sludge, sludge ash, ash, grit, and screenings.
(3) Residual material or non-putrescible waste from a solid waste management facility, including material recovery, composting, or transformation facilities.
(4) Animal waste and remains for use as tallow.
(5) Source separated manure and animal bedding materials provided such materials are transported by person separately from any other materials for a purpose other than disposal.
(6) Discarded materials collected in the course of a community clean-up campaign.
(7) Solid or semi-solid discards or byproducts of food and beverage sales or processing activities that are collected for use as livestock feed including, but not limited to, spent brewery grains and fruit pulp that is self-hauled, hauled by the generator's employees, or by a person that collected the materials for their direct use.
(8) Liquid by-products of food or beverage processing including, but not limited to, used cooking oil and pumpings from grease traps, which are source separated from food waste, solid waste, and other discarded materials for the purpose of disposal or recycling.
(9) Food waste that is separated by a generator for use as animal feed.
(10) Edible food that is collected and transported by a person, such as a person from a food recovery organization or food recovery service as defined in sections 14 CCR 18982, for the purpose of providing edible food for human consumption, or edible food removed that is self-hauled to a food recovery organization or food recovery service for the purpose of food recovery.
(11) Any items that are donated by the generator to youth, civic, or other charitable organizations transported by persons, provided that the generator is not charged any monetary sum or other consideration for such services.
(12) Reusable items or salvageable materials that are donated or sold by the generator for the purpose of reuse.
(g) A person or non-profit entity that collects organic materials from service recipients, for the purpose of recycling or processing in a community composting facility as defined in Section 6977 d. and e. of the County of San Diego Zoning Ordinance. This person or non-profit entity may collect fees to offset the collection costs.
(Amended by Ord. No. 7920 (N.S.), effective 7-11-91; amended by Ord. No. 8790 (N.S.), effective 4-29-97; amended by Ord. No. 8866 (N.S.), effective 1-6-98; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10253 (N.S.), effective 3-8-13; amended by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10807 (N.S.), effective 10-14-22; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
The right to collect discarded materials in the County pursuant to a NEFA granted pursuant to this chapter shall be non-exclusive.
(Amended by Ord. No. 7920 (N.S.), effective 7-11-91; amended by Ord. No. 8790 (N.S.), effective 4-29-97; amended by Ord. No. 8866 (N.S.), effective 1-6-98; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) A person applying to enter into a NEFA with the County shall file an application on a form provided by the Director. As part of the application process, the applicant shall submit to a background investigation conducted by the Sheriff's department. The Director shall review the completed application and may request other County departments as the Director deems necessary to review and comment on the application. The application shall not be considered complete until the applicant provides all information required by this section and as the Director requests.
(b) The application shall specify:
(1) The geographic areas where the applicant is applying to provide service.
(2) The types of generators the applicant is seeking to provide collection services for each geographic area, such as single-family collection service, multi-family/commercial collection service, construction and demolition debris collection service, or any combination of these types of service.
(c) All collector applications shall include:
(1) The applicant's name, mailing address, and phone number.
(2) Name, mailing address, email address, and telephone number of an individual contact for the applicant.
(3) If the applicant is not an individual, the name and address of each partner, owner, officer, and trustee of the entity, whichever is applicable, and each person's percentage of ownership or interest. Publicly held corporations shall supply proof of corporate entity, the names of each local officer, and each location where the corporation maintains an office in San Diego County.
(4) A description of each truck and piece of equipment, including the model, year, license plate number, and vehicle identification number, that the applicant owns or is under the applicant's control for the collection or transportation of discarded materials that the applicant will use to provide service. The applicant shall also provide with the description of the trucks and equipment, a statement under penalty of perjury as to the mechanical condition of each truck and piece of equipment and whether at the time of the application the truck or piece of equipment meets the standards required by 14 CCR sections 17341 to 17345 and this chapter.
(5) Facts demonstrating that: (A) the applicant owns or has access to suitable facilities for keeping vehicles and equipment clean and in good repair; (B) the applicant's storage yard and maintenance facilities will be located in an area zoned for the use and close enough to adequately serve the area where the applicant proposes to collect discarded materials; and, (C) the applicant owns or has access to adequate office and billing facilities.
(6) A statement of the applicant's qualifications and experience in collecting or transporting discarded materials.
(7) Proof that the applicant has adequate insurance that complies with the minimum requirement of the County NEFA.
(8) Application fee payment, if an application fee is required by the Director.
(9) Any additional information the Director determines is necessary to completely evaluate and process the application.
(d) The County will accept NEFA applications for C&D collectors from May 15, 2020 through December 31, 2021. Commencing in 2022, the County will accept NEFA applications for C&D collectors annually from January 1 through January 30.
(e) The County will not accept NEFA applications for single-family collectors or multi- family/commercial collectors unless the Board finds that it is in the public health, safety, or welfare of the citizens of the unincorporated area of the County to increase or decrease the number of NEFAs authorizing single- family collectors and multi-family/commercial collectors pursuant to section 68.530.
(Amended by Ord. No. 7920 (N.S.), effective 7-11-91; amended by Ord. No. 8790 (N.S.), effective 4-29-97; amended by Ord. No. 8866 (N.S.), effective 1-6-98; amended by Ord. No. 9075 (N.S.), effective 9-10-99; amended by Ord. No. 9495 (N.S.), effective 9-13-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) The Director may negotiate and execute a NEFA with an applicant if the Director finds that the applicant meets the requirements of this chapter and that it is in the public interest to approve the application. The Director may approve the application in whole or in part.
(b) The NEFA shall be in a form approved by the Board.
(c) If the Director rejects an application, in whole or in part, the applicant may appeal the Director's decision to the County Appellate Hearing Board as provided in section 68.540(e).
(d) On appeal, the County Appellate Hearing Board may sustain the Director's decision or overrule the decision and direct the Director to enter into a NEFA with the applicant. The County Appellate Hearing Board may recommend as a condition of approval that the NEFA be subject to conditions; provided, those conditions do not materially alter the Board-approved NEFA form and are in conformance with this Chapter. The Appellate Hearing Board shall deny the appeal if material amendments to the NEFA or amendments to this Chapter would be required.
(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
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