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This purpose of this Article is to establish permitting requirements and minimum standards for refuse collection and transportation within the unincorporated areas of the County of San Bernardino.
Pursuant to the authority cited in Chapter 1 of Division 3 of Title 3 of the San Bernardino County Code; Public Resources Code § 40059; and other applicable State law, the Board of Supervisors authorizes the Division of Environmental Health Services, Department of Public Health to enforce this Article prior to July 1, 1997. After June 30, 1997, the Board of Supervisors authorizes Waste System Division, Public Services Group, to enforce this Article.
(Ord. 3671, passed - -1996)
CLASS A PERMIT. A permit required by all refuse haulers to provide refuse collection and transportation service to residential, commercial and or industrial customers within the unincorporated areas of the County which areas are not serviced through a franchise agreement issued under the provisions of Division 6 of Title 4 of this Code.
CLASS A PERMIT HOLDER. Any person or entity engaged in the collection, transportation and removal of refuse who has been issued a Class A Permit; except those persons exempted under § 33.0843 of this Article.
DEPARTMENT. The Local Enforcement Agency, Division of Environmental Health Services, Department of Public Health prior to July 1, 1997 and means the Waste System Division, Public Services Group, after June 30, 1997.
NONDOMESTIC WASTES. Wastes which may be solid, semisolid, slurries, dust, nonpetroleum oils, and related substances or combinations thereof, which constitute a potentially dangerous health or environmental risk to residents of the County of San Bernardino. Wastes may be determined as such by DEHS upon finding that special transportation requirements are necessary due to the nature of the material, the intended disposal method, or the intended end use. Said term shall not include any wastes classed as infectious, toxic, or hazardous by State or Federal statute.
REFUSE. All solid waste as defined in Public Resources Code § 40191.
REFUSE COLLECTION AREA. Those portions of the County of San Bernardino designated on certain maps entitled “Refuse Collection Areas in San Bernardino County” including all amendments and changes thereto, which maps are incorporated by reference and are on file with Department and in the Office of the Clerk of the Board.
REFUSE HAULER. Any person or entity engaged in the collection, transportation and removal of refuse, except that it shall not mean a garbage hauler.
ROUTE VEHICLE. A vehicle which is used in the day-to-day collection/transportation of refuse.
SPARE VEHICLE. A vehicle which is used to temporarily replace the regular route vehicle of a Class A Permit holder when the route vehicle is being serviced or is otherwise unavailable for use. A SPARE VEHICLE is subject to the same standards and requirements as a regular route vehicle.
(Ord. 3671, passed - -1996)
It shall be unlawful for a refuse hauler to operate a refuse collection, transportation or disposal activity except where exempt by this Code, without possessing the applicable unexpired, unsuspended, unrevoked Class A Permit(s) to do so, approved by the Board of Supervisors and issued by the Department and having paid fees to the Department required by this Article, as set forth in the County of San Bernardino Schedule of Fees. Permits shall be issued for a term of 12 months or for such shorter term as determined by the Board of Supervisors.
The permittee under a health and safety permit is not considered to be a holder of, nor to have received or have the right to receive a Class A Permit. Without limiting the generality of the forgoing, any holder of a Class B or D Permit, as it existed prior to the effective date of this Section, shall not be considered to be a holder of nor to have received or have the right to receive, a Class A Permit by virtue of his, her or its status as either a prior holder of a Class B or D Permit or as a current permittee of a health and safety permit.
The Class A Permit shall be issued for specified refuse collection areas as defined in § 33.0844 of this Article.
(Ord. 3671, passed - -1996)
Exempted from the requirements of § 33.0842 are:
(a) Those hauling domestic waste generated upon their own property, residence or business;
(b) Those who collect garbage, unmixed with rubbish, and transport it to a commercial garbage-feeding hog ranch or to a commercial establishment for processing;
(c) Construction/demolition clean up crews, landscapers and yard maintenance services who physically gather, collect and remove materials, such as construction debris, demolition waste, yard trimmings or similar materials only. This does not include merely providing a refuse container without providing the additional service of gathering materials and placing them in the container.
(Ord. 3671, passed - -1996)
(a) For the purpose of this Article, the County of San Bernardino shall be divided into refuse collection areas. Such areas are designated on those certain maps entitled “Refuse Collection Areas in San Bernardino County.” Such maps are incorporated herein by reference and are on file with Department and in the Office of the Clerk of the Board of Supervisors.
(b) Except as otherwise provided in this Article, it shall be unlawful for any person or entity, other than a Class A Permit holder, to operate a refuse collection service within any refuse collection area.
(C) Any refuse collection area may be modified by the Board of Supervisors at any time should they find that such modification is necessary for the efficient conduct and operation of refuse collection in the area involved. In the event of such action, all concerned Class A Permit holders shall be given a ten-day written notice thereof before such modification is acted upon by the Board of Supervisors.
(Ord. 3671, passed - -1996)
In addition to all the provisions of Chapter 2 of Division 3 of Title 3 of the San Bernardino County Code, the following are prerequisite to issuance or renewal of a Class A Permit:
(a) Applicants for a Class A Permit or a renewal thereof must complete the Department verified application form which shall include:
(1) Complete name and description of the applicant;
(2) Permanent home address and business addresses of the applicant;
(3) Trade, dBA, fictitious business and firm names the applicant operates under;
(4) If a joint venture, partnership or limited partnership, the names of all participants and/or partners. If a corporation, the name of each officer, the nature of their office or participation and their permanent address; and the name and address of the agent for service of process.
(5) The location of all appropriate waste facilities that will be used together with a statement indicating that the waste being delivered to each site will be within the classification limits of that site;
(6) The geographical boundary of the area for which the Class A Permit is to apply;
(7) Facts showing that the applicant is qualified to render efficient service. This statement shall include any prior experience that will help establish the applicant’s capability to perform this function. New applicants shall include a written statement of net worth or other financial data that will establish the applicant’s capability to discharge applicant’s obligations under the applicable provisions of this Article.);
(8) An applicant for a Class A Permit, if applying for a permit to service 500 or less customers, shall give the number of customers that the Class A applicant proposes to serve.
(9) That the applicant owns or controls sufficient refuse vehicles and other necessary equipment in good mechanical condition to adequately conduct the proposed refuse collection business. That the applicant owns or has access to suitable facilities for maintaining the vehicles and other necessary equipment in a clean and sanitary condition;
(10) That the refuse collection/ transportation vehicles and equipment of the applicant conform to all applicable provisions of this Chapter; the issuance of a Class A Permit is in the public interest in that it is likely to satisfy an existing public need; and
(11) Such other facts or information as Department may reasonably require.
(b) Indemnification. Separate and distinct from the insurance provisions required by this Division, each permittee shall appear and defend (with counsel approved by County) all actions against the Department and the County, and the permittee agrees to defend, indemnify, and hold the County and/or its officers, agents, volunteers and employees harmless from and against, any and all claims and demands, causes of action of every kind and description, damages, liabilities, costs or expenses for any damages or injuries to any person or property, including, but not limited to, injury to permittee’s officers, agents, or employees which arise directly or indirectly from or are connected with or are caused or claimed to be caused by acts, errors or omissions of permittee, or its officers, agents, or employees, in exercising its rights or in performing its duties under its permit or under this Division, and all costs and expenses of investigating and defending against same; except to the extent such indemnification is prohibited by law.
(c) Insurance. The Class A Permit holder shall obtain and keep in force during the term of said permit, comprehensive general and vehicular liability insurance of at least $1,000,000.00 combined single limits for bodily injury and property damage and a program of Workers’ Compensation insurance or a state-approved Self-Insured Workers’ Compensation Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including employer’s liability with $250,000.00 limits covering all employees of the permit holder. The County of San Bernardino shall be named as an additional insured and all policies, except Workers’ Compensation, shall contain a provision requiring written notice to be given to the Department prior to cancellation, modification or reduction of limits.
Insurance Review. The above insurance requirements are subject to periodic review by the County. The Risk Manager of the County of San Bernardino is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation or any other item reasonably related to the County’s risk.
(d) Class A Permit holder shall not be required to maintain separate policies of insurance for any type of insurance required under this Section, any other Section of this Chapter or under Division 6 of Title 4 of this Code. However, the Class A Permit holder must maintain the level of insurance which is the higher of that required in this Chapter or Division 6 of Title 4 of this Code and must obtain and maintain insurance coverage which satisfies all of the provisions of this Chapter and Division 6 of Title 4 of this Code, including without limit, providing certificates of insurance to all specified Departments of the County and requiring notification of the cancellation or termination of any insurance policy be given by the insurance company to all specified Departments of the County.
(e) The application called for in this Section may be combined with the application called for in § 33.0825 dealing with health and safety permits, if the applicant is required to obtain or renew a health and safety permit at the same time as it is required to submit an application under this Section (“joint application”). Such joint application must satisfy all of the requirements of both this Section and § 33.0825. In the event the applicant chooses to submit a joint application, applicant shall give Department one duplicate original of the joint application. Department shall take all actions with respect to the issuance or renewal of the Class A Permit sought in the joint application, to the same effect as if the applicant had submitted an application solely under this § 33.0845.
(Ord. 3671, passed - -1996)
(a) Issuance or Renewal. Where Department finds that the statements in the application are true and that the applicant for issuance or renewal of a Class A Permit is reasonably capable of complying with the provisions of this Article, Department shall recommend issuance or renewal of a Class A Permit for the collection of the refuse. The proposed issuance or renewal shall then be approved or denied by the Board of Supervisors.
(b) Suspension/Revocation/Non-Renewal. A Class A Permit holder shall not lease, sublet, subcontract, or in any manner allow any other person or entity to engage in refuse operations under permission of the Class A Permit issued to the permit holder. The Class A Permit may be suspended, revoked or not renewed at the option of the Board of Supervisors in the event there is a change in the person or entity owning or operating the company or in the person to whom the permit is issued, unless approval therefore has been obtained in writing from the Board of Supervisors.
(c) Transfer of Class A Permit. Requests for approval of transfer of a Class A Permit because of a change in ownership of any kind or nature in the operating company or of the business operating under the Class A Permit, shall be submitted in writing to Department and approved by the Board of Supervisors prior to any such change. Any transfer of a Class A Permit to the new owners shall be approved by the Board of Supervisors, upon the recommendation of Department, in accordance with the requirements of this Chapter. Such transferred Class A Permit may be for a term shorter than the remaining unexpired permit term and be subject to such conditions as determined by the Board of Supervisors.
(d) Payment of Insurance. A Class A Permit holder shall furnish Department, prior to expiration or termination of the period covered by premium payment when renewal is automatic, evidence of renewal and of full payment of the premium on required insurance coverage. Nonreceipt by Department of this information shall result in the insurance policy being considered to be expired and justification for the suspension, revocation or cancellation of the permit in the manner set forth in this Article and Chapter 2 of Division 3 of Title 3 of the San Bernardino County Code.
(e) Statement of Ownership. The Class A Permit holder shall file a true and correct statement of ownership with Department at the time of permit renewal each year under penalty of perjury.
(f) Temporary Permit. The Board of Supervisors may, for any reason, choose to postpone the decision on the approval or denial of a new Class A Permit, the annual renewal of a Class A Permit or the transfer of a Class A Permit to new owners if it issues a separate temporary Class A Permit having a term less than or equal to six months (“temporary permit”). The issuance of a temporary permit may be subject to such terms as determined by the Board of Supervisors and does not constitute either the issuance of a new Class A Permit, the renewal of an existing Class A Permit or the approval or denial of the transfer of a Class A Permit, as the case may be. The issuance of a temporary Class A Permit shall confer no rights beyond the rights set forth in the temporary Class A Permit for the time period set forth in the temporary Class A Permit.
(Ord. 3671, passed - -1996)
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