(A) Commercial, residential, and construction & debris (C & D) roll off collection services.
(l) The Board of County Commissioners shall execute an exclusive franchise agreement for commercial, roll off, and curbside residential solid waste with a hauler. The County Manager retains discretion to grant additional franchises for commercial and residential solid waste collection as may be necessary to ensure the availability of collection services in the event the exclusive franchisee is unable or unwilling to satisfy its contractual commitments, or if otherwise necessary to protect the health, safety, and welfare of the residents of the county.
(B) Changes in ownership.
(1) Notice and approval. In the event there is to be a change in the ownership for the exclusive franchise hauler to whom a contract is issued, the contractor/hauler shall notify the County Manager, in writing, of such a change no later than 30 days prior thereto. The proposed owner shall assume and be liable for all actions of the prior owner, and shall comply with this chapter and the agreement The Board of County Commissioners shall have the right to approve or disapprove the change in ownership and assignment of the agreement The above shall apply to changes in controlling stock ownership in the corporation, changes in partnerships or limited partnerships, or percentage participation therein.
(2) Assignments. The exclusive franchise agreement provided for herein shall not be assignable, except with prior written consent of the County Commission, which shall not be unreasonably withheld. However, any and all assignments shall be without release of the obligations under the agent or conditions of the permit; the residential/commercial haulers, together with the assignee(s), shall remain fully liable under the terms of the contract agreement or permit.
(C) Independent contractors. It is expressly agreed and understood that the exclusive franchised contractor/hauler(s) is in all respects an independent operator as to the work, and is in no way an agent, servant or employee of the county. This chapter specifies the work to be done by the contractor/hauler(s), but the method, manner and means to be employed to accomplish this work shall be the responsibility of the franchised contractor/hauler and in compliance with the terms of the contract between the county and the hauler.
(D) Truck identification. The exclusive franchised contractor(hauler(s) shall have identification on all vehicles. Haulers may not use a firm name containing the words “County”; or “Valencia County”.
(E) Frequency of solid waste collection.
(1) Residential solid waste collection. Participants in the residential curbside collection program shall have their solid waste collected at such times and frequency as deemed necessary by the County Manager and as provided in the collection schedule submitted to the County Manager by the residential hauler.
(2) Commercial solid waste collection. Hotels, restaurants, other establishments and businesses, and institutions, multiple-unit dwellings, excluding mobile home parks, receiving commercial solid waste collection service, as deemed necessary, may enter into an agreement for greater frequency of collection with a commercial franchisee.
(a) The County Manager shall have the authority to require that more frequent collections be made where necessary to protect the public health.
(b) All commercial solid waste containers are to be accessible between the hours of 4:00 a.m. and 8:00 p.m., or as otherwise designated by the County Manager.
(3) No solid waste collection vehicles shall collect solid waste within 200 feet of a school site within a half hour of school opening or closing for the day.
(F) Limitations of quantity.
(1) Residential solid waste collection. The residential franchise hauler shall collect the solid waste of each residence during a collection period for a standard charge. Any excessive accumulation, as determined by the Contractor, may require a special collection at an additional fee or the provision of an additional contractor-provided solid waste container.
(2) Commercial solid waste collection. Any excess accumulation outside designated contracted container shall be prohibited. The solid waste must not exceed the container capacity and the solid waste container lid must be closed at all times except when disposal is occurring.
(G) Special and hazardous waste.
(1) Infectious waste. Wearing apparel, bedding, solid waste or other infectious or contagious material from homes, hospitals nursing homes, or other places where highly infectious or contagious diseases have prevailed shall not be placed in containers for regular collection. The producers of such solid waste shall immediately notify the County Manager, who shall provide technical assistance on proper collection and disposal of such material, at the expense of the owner or possessor thereof.
(2) Hazardous waste. Hazardous waste shall not be collected, transported or disposed of unless in full compliance with local, state and Federal
regulations regarding transportation and disposal. Hazardous waste material shall not be placed in containers for regular collection and disposal. The producers or possessors of such material shall immediately notify the County Manager, who shall provide technical assistance on the proper collection and disposal of such material, at the expense of the owner or possessor thereof. The county further reserves the right to prohibit the disposal of hazardous waste within the unincorporated areas of the county.
(H) Collection by commercial franchisees.
(1) Requirements for vehicles. The commercial producers of solid waste, the owners of premises upon which such solid waste is accumulated, licensed transporters of solid waste, or persons who desire to dispose of waste material not included in the definition of solid waste shall do so only in compliance with the provisions of this chapter. Such collection shall be accomplished through the use of a vehicle with a tightly secured cover. Such vehicles shall be operated to prevent offensive odors escaping therefrom, and solid waste from being blown, dropped or spilled.
(2) Disposal. Disposal of solid waste by persons so permitted shall be made at a solid waste facility site. If disposal of solid waste occurs in the county, compliance with county zoning ordinances and regulations, and other local land use policies shall occur. If disposal of solid waste occurs outside of the county, other zoning ordinances and regulations and other land use policies shall apply.
(3) Rules and regulations. The County Manager shall develop rules and regulations concerning individual collection or disposal for approval by the Board of County Commissioners.
(Ord. 2010-01, passed 5-19-2010 5-19-2010; Am. Ord. 2017-02, passed 8-23-2017; Am. Ord. 2023-06, passed 11-15-2023) Penalty, see § 50.99