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(b) If the Director determines that a CRMC's conduct warrants suspension or revocation of a CRMC certificate, as provided in subsection (a) above, the Director shall serve a written notice on the CRMC personally, or by certified or registered mail at the last address provided by the CRMC. When the Director serves notice by certified or registered mail, the notice shall be deemed received on the date the United States Postal Service first attempts to deliver the notice at the last address provided by the CRMC as shown on the CRMC's most-recently executed CRMC certificate, whether or not the CRMC actually receives the notice on the attempted delivery date. The CRMC shall cease operations within 10 days after the CRMC receives the notice unless the Director has reinstated the CRMC certificate or the CRMC has requested a hearing before the County Appellate Hearing Board. In the case of an appeal, the CRMC may continue to operate until the County Appellate Hearing Board renders a decision. The County Appellate Hearing Board shall mean and refer to the appellate hearing board or body specified by Section 16.101 et seq. of the County Code.
(c) A request for a hearing to contest the suspension or revocation of a CRMC certificate shall be made in writing to the Clerk of the Board within ten (10) days after the CRMC receives the notice described in subsection (b). The hearing shall be scheduled within thirty (30) days following the appointment of the hearing officer pursuant to Section 16.103 of the County Code. Written notice of the time, date, and place of the hearing shall be given in accordance with Section 16.103 of the County Code. The County Appellate Hearing Board shall render its decision within five (5) days after the close of the hearing in accordance with Section 16.106 of the County Code and its decision shall be final.
(Added by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) CRMCs shall submit an annual report by February 15 of each year, beginning February 15, 2022, to the Director, on a form or using a format prescribed by the Director. Annual reports shall include the following information for each residential and commercial premises serviced within the unincorporated areas of the county for the period of January 1 through December 31 of the immediately preceding 12-month period. At the Director's option, Director may increase the reporting frequency to require submittal of quarterly reports rather than annual reports for some or all of the information listed below.
(1) The name of the person(s) responsible for recyclable materials and/or organic materials management at the premises serviced;
(2) The name and address of the premises serviced;
(3) The volume in cubic yards or gallons, measured by the size of the applicable containers in use at the premises, of recyclable materials and organic materials (listed separately by material type) collected per week from the premises;
(4) The frequency of recyclable materials and organic materials collection service provided to the premises;
(5) The total annual amount of recyclable materials and organic materials, measured in tons and listed separately by material type, collected by CRMC;
(6) For recyclable materials, the names and addresses of the recycling facilities to which the recyclable materials collected were delivered for recycling;
(7) For green materials, and food waste, the names and addresses of the facilities, operations, or uses to which the green materials, and food waste collected were delivered for processing or use;
(8) For pallets, the names and addresses of the reuse or salvage facilities or operations to which pallets collected were delivered for the purpose of reuse or salvage, or the names and addresses of the facilities to which pallets collected were delivered for the purpose of processing;
(9) For food waste collected and delivered for composting or final processing to a site other than a processing facility or composting operation, a letter of acknowledgement from the site property owner providing their acceptance of the food waste for composting or final processing;
(10) For compostable plastics or compostable plastic bags, if accepted in the organic materials containers, annually submit written notification from the processing facility or composting operation confirming said facility has and will continue to have the capabilities to process and recover compostable plastics;
(11) For food waste, the tons of food waste delivered to each processing facility, composting operation, or site per month for each month in the reporting period, where tons shall be calculated if not readily available by converting cubic yards or gallons of food waste to tons using a density factor provided by the Director;
(12) Statement certifying the diversion rate for all materials collected by the CRMC; and,
(13) Additional information as required by the Director.
(Added by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
In approving the terms of any certificate, the Director may prescribe any additional terms, conditions, rules, regulations, restrictions, and limitations not specifically mentioned in this chapter that the Director determines are in the public interest.
(Added by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) Owners, occupants, or operators of single-family, multi-family, and commercial premises, unless exempted in subsection (b) below or by waivers granted pursuant to this chapter, are subject to the requirements specified by this section.
(b) The following persons are exempt from the requirements of this section under the conditions specified:
(1) Exemptions in densely-populated areas: Until September 30, 2021, owners, occupants, or operators of multi-family and commercial premises in densely-populated areas that generate less than two (2) cubic yards of total solid waste, recyclable materials, and organic materials per week (or other threshold defined by the State) are exempt from the requirements in article VII of this chapter related to designated organic materials, provided that such organic materials are stored and disposed of in accordance with applicable law or regulations, with the exception that multi-family premises are not exempt from designated organic materials requirements for green materials. Commencing October 1, 2021, owners, occupants, or operators of multi-family and commercial premises in densely-populated areas shall not be exempt from the requirements of article VII of this chapter.
(2) Exemptions in sparsely-populated areas:
(i) Owners, occupants, or operators of all single-family premises and all multi-family premises in the sparsely-populated areas are exempt from the requirements in article VII of this chapter related to designated organic materials for food waste, provided food waste is stored and disposed of in accordance with applicable law or regulations. Owners, occupants, or operators of all single-family premises and multi-family premises in the sparsely-populated areas are not exempt from the requirements in Article VII of this chapter related to designated organic materials for green materials.
(ii) Owners, occupants, or operators of commercial premises in sparsely-populated areas that generate less than two (2) cubic yards or more of total solid waste, recyclable materials, and organic materials per week (or other threshold defined by the State) are exempt from the requirements in Article VII of this chapter related to designated organic materials, provided that such organic materials are stored and disposed of in accordance with applicable law or regulations.
(c) The owner, occupant, or operator of a premises subject to subsection (a) above shall: (1) source separate and store designated recyclable materials and designated organic materials separately from solid waste; and, (2) source separate and store designated recyclable materials and designated organic materials separately from each other.
(d) The owner, occupant, or operator of a premises subject to subsection (a) above shall arrange for recycling or processing of the designated recyclable materials and designated organic materials through one or more of the following methods:
(1) Subscribing to a three-stream collection system that includes designated recyclable materials and designated organic materials collection services through a collector or CRMC and solid waste collection services through a collector; and/or,
(2) Self-hauling the designated recyclable materials, designated organic materials, and/or solid waste in accordance with section 68.572 of this chapter.
(3) If a collector offers a collection program approved by the Director that relies on use of a two-stream organic waste collection system pursuant to 14 CCR section 18984.2, the owner, occupant, or operator of a premises may comply with the requirements of this Article VII by subscribing to the two-stream organic waste collection system and source separating recyclable materials, organic materials, and solid waste, as applicable, in accordance with the Director's requirements for such systems.
(e) If the owner, occupant, or operator of a premises subscribes to a collector's or CRMC's collection services to arrange for recycling or processing of designated recyclable materials and/or designated organic materials and/or disposal of solid waste, the owner, occupant, or operator shall comply with the requirements specified in section 68.571 of this chapter.
(f) If the owner, occupant, or operator of a premises self-hauls discarded materials, the owner, occupant, or operator shall comply with the requirements specified in section 68.572 of this chapter.
(g) If the owner, occupant, or operator of a premises manages designated organic materials on its premises to comply with organic waste recycling requirements, it shall use composting method(s) or other on-site management practices that are consistent with applicable laws or regulations that do not create a public nuisance because of odors or other offensive conditions.
(h) If an owner, occupant, or operator of a commercial or multi-family premises meets waiver criteria in sections 68.575 of this chapter, the owner, occupant, or operator may apply for a waiver as described in section 68.575 of this chapter to be excused from some or all designated recyclable materials and designated organic materials recycling requirements of this chapter.
(i) No owner, occupant, or operator of a premises shall dispose of or arrange for disposal of designated recyclable materials or designated organic materials.
(Amended by Ord. No. 7920 (N.S.), effective 7-11-91; amended by Ord. No. 8060 (N.S.), effective 5-28-92; amended by Ord. No. 8089 (N.S.), § 1, effective 7-16-92; Section 1 of Ord. No. 8089 (N.S.) repealed by Ord. No. 8100 (N.S.), effective 7-1-92; amended by Ord. No. 8866 (N.S.), effective 1-6-98; 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. 10253 (N.S.), effective 3-8-13; amended by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) An owner, occupant, or operator of a single-family, multi-family, or commercial premises receiving any type of discarded materials collection service from collectors or CRMCs in the unincorporated area of the County shall comply with the following requirements for discarded materials collection, except those that meet the self-hauler requirements in section 68.572 of this chapter:
(1) For premises in densely-populated areas, subscribe to a three-stream collection service for collection of all discarded materials as described below unless exempted pursuant to section 68.570(b) or unless waiver(s) is(are) granted pursuant to section 68.575. The Director shall have the right to review the number, size, and frequency of collection of containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and may direct the owner, occupant, or operator of premises to adjust the number of containers, container sizes, or frequency of collection to ensure proper separation, storage, and disposal or recycling of materials.
(2) For premises in densely-populated areas, subscribe to and participate in the collector's and/or CRMC's collection service(s) by using a three-stream collection service and placing discarded materials in designated containers as follows:
(i) Place source separated designated organic materials in the organic materials container(s).
(ii) Place source separated designated recyclable materials in the recyclable materials container.
(iii) Place other discarded materials in the solid waste container.
(iv) If collector or CRMC provides additional containers or containers with split compartments for source separation and storage of food waste or other materials for the purposes of collection, collector's or CRMC's instructions regarding source separation of discarded materials and placement of materials in the proper containers shall be followed.
(v) Pursuant to section 68.570(d), an owner, occupant, or operator may use a two-stream collection system if such system is available.
(3) For multi-family and commercial premises in sparsely-populated areas that generate two (2) cubic yards or more of total solid waste, recyclable materials, and organic materials per week, owner, occupant, or operator of such premises shall comply with requirements of subsections (a)(1) and (a)(2) above, except those that meet the self-hauler requirements in section 68.572 of this chapter.
(4) For single-family premises in sparsely-populated areas and multi-family and commercial premises in sparsely-populated areas that generate less than two (2) cubic yards of total solid waste, recyclable materials, and organic materials per week (or other threshold defined by the State), subscribe to and participate in collector's and/or CRMC's collection service(s) for one or more materials such as recyclable materials, organic materials, or solid waste and follow collector's or CRMC's instructions regarding source separation of discarded materials and placement of materials in the proper containers, except those that meet the self-hauler requirements in section 68.572 of this chapter.
(b) The owner, occupant, or operator of a residential or commercial premises shall only deposit designated recyclable material and designated organic materials in a container(s) that is intended to receive the designated organic materials and designated recyclable materials for collection. If a bottle, jar, jug, or can is made of designated recyclable material and such container has previously contained oil, antifreeze, household cleaner, or other similar material, no person shall deposit the bottle, jar, jug, or can in a container intended for designated recyclable materials until the bottle, jar, jug, or can has been completely emptied.
(c) Nothing in this chapter prohibits an owner, occupant, or operator from preventing or reducing their organic waste, managing organic waste on site, or delivering organic waste to an organic waste processing facility that processes organic waste in accordance with applicable law. Owners, occupants, or operators may manage their organic materials on site provided they apply for and obtain an on-site organics management waiver as described in section 68.575 of this chapter.
(d) The owner, occupant, or operator of a construction and/or demolition site shall only deposit designated C&D recyclable materials in a container(s) that is intended to receive designated C&D recyclable materials for collection. For the purpose of this section, designated C&D recyclable materials are any of the following materials: asphalt, concrete, dirt, land clearing vegetation, sand, gravel, rock, metal, wood, green materials, mixed paper, cardboard, and other recyclable materials generated at construction and demolition sites. For the purposes of this section, "green materials" means any material related to land development such as yard trimmings, trees, brush, and construction and demolition wood waste and does not include food material, bio-solids, wood containing lead-based paint or wood preservatives, mixed construction debris, or mixed demolition debris.
(e) An owner, occupant, or operator shall use collector-provided or CRMC-provided containers of adequate size and in sufficient numbers to contain without overflowing all the discarded materials that the person's household or premises generates within the designated removal period. Owners, occupants and operators shall also comply with discarded materials storage requirements in section 68.522.
(f) An owner, occupant, or operator using plastic or paper bags as containers for collection service shall tie, seal or otherwise securely fasten all bags set out for collection.
(g) An owner, occupant, or operator receiving collection service shall not place containers in a manner that impedes access to neighboring driveways, mailboxes, utilities, or easements.
(h) No owner, occupant, or operator shall place, deposit, or allow any containers to remain on a street, curb, sidewalk, or any other place in a public or private right of way before 6:00 p.m. of the day prior to the regular day for collection by a collector or CRMC, or after 12:00 p.m. on the day following collection day. Owners, occupants, and operators shall place their containers in a location immediately adjacent to and bordering their premises unless otherwise arranged by collector or CRMC and approved by Director.
(i) A violation of this section shall be charged as an infraction, except that an owner, occupant, or operator convicted of two or more violations of this section in a one-year period may, at the discretion of the prosecutor, be charged with a misdemeanor.
(Added 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. 10927 (N.S.), effective 1-10-25)
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