The Board adopts this chapter based, in part, on the findings specified in this section:
(A) The accumulation, collection, transportation and disposal of solid waste involves substantial concerns about groundwater quality, air quality and public health;
(B) In California, the generation of solid waste continues to grow in volume, exacerbating these concerns;
(C) The State of California has recognized the concerns over these issues caused by solid waste generation. In response to these issues, the state enacted Cal. Public Resources Code Division 30 (§§ 40000 et seq.), entitled “Waste Management”;
(D) The state has determined that the responsibility for waste management is a shared responsibility between the state and local governments;
(E) In this regard, the state has imposed certain mandates upon local governments such as the County of San Benito. The state has also preserved the county’s authority to regulate solid waste in particular matters, including, without limitation, matters which concern public health, safety and welfare as well as matters of local concern;
(F) This chapter is enacted pursuant to the county’s general police power to protect public health, safety and welfare and because the matters regulated herein are of local concern. Such matters include the accumulation, collection of, transportation of and disposal of solid waste in San Benito County. This chapter is also enacted to promote, the purposes of Cal. Public Resources Code Division 30. The chapter is consistent with the purposes of Cal. Public Resources Code Division 30;
(G) The regulations contained in this chapter are adopted pursuant to the authority specified in these findings because the public health, safety and welfare require the regulations herein and because the accumulation of solid waste in the county, the collection of solid waste location in the county, the transportation of solid waste in San Benito County for disposal in the county and disposal of solid waste in the county per se, are matters of local concern;
(H) Cal. Public Resources Code Division 30 recognizes the existing legal authority of the county to restrict the collection, transportation and disposal of solid waste in the county to those entities which possess franchises to do so. The Board concludes that the problems of solid waste handling and the needs of the public require the adoption of regulations for the collection, transportation and disposal of solid waste; and
(I) The Board determines that the transportation franchise requirement particularly is an essential component of the county’s solid waste program in that the franchise requirement will encourage both recycling efforts and the reduction of the waste stream. These goals shall be additionally accomplished within local jurisdictions by the creation and implementation of the county’s integrated waste management plan. By these regulations, the Board desires to increase recycling efforts, reduce the waste stream and encourage local economic efforts in accomplishing state waste management goals.
(1966 Code, § 25-1) (Ord. 619, § 2(part); Ord. 724, § 1(part))