ORDINANCE NO. 536

(& DISTRICT ORD. NO. 1)

 

 

ARE REPEALED IN THEIR ENTIRETY AND SHALL

BE SUPERSEDED BY ORDINANCE NO. 779

 

(Effective:   August 28, 1998)

 

 

ORDINANCE NO. 536.7

 

AN ORDINANCE OF THE COUNTY OF RIVERSIDE

RELATING TO COUNTY REFUSE DISPOSAL FACILITIES

 

                                                                               

The Board of Supervisors of the County of Riverside, State of California, Ordains that Ordinance No. 536 is amended in its entirety to read as follows:

 

Section 1.  DEFINITIONS.  The words used in this Ordinance shall have the definitions provided in Public Resources Code 40100 et. seq.

 

Section 2.  ESTABLISHMENT OF SITES.  Subject to control of the Board of Supervisors, the Director of Waste Management may designate and operate County owned or leased sites to be used for the public transfer, processing or disposal of solid waste.

 

Section 3.  REFUSE FROM OUTSIDE OF COUNTY.  Unless so authorized in writing by the Director of Waste Management or his designated representative, no person shall place, deposit, or dump, or cause to be placed, deposited, or dumped, in or upon any County owned or leased transfer station, materials recovery facility, or disposal site, any solid waste originating outside of the County of Riverside.

 

Section 4.  REGULATIONS.  All County owned or leased transfer stations, materials recovery facilities and disposal sites shall be under the supervision of the Director of Waste Management who shall have the power and the duty to prescribe reasonable regulations regulating the use by the public and the operation of such sites.  Such rules shall include, but need not be limited to, the following subjects:

a.  Days and hours of use.

b.  Charges for use of sites at times other than regular hours,

which shall be sufficient to reimburse the County for equipment,

    personnel and overhead costs.

c.  Maximum size of articles and objects being dumped.

d.  Allocation of various types of waste to specific sites and

    the placement of waste within any site.

e.  Prohibition or conditional acceptance of harmful or dangerous

            materials, including a reasonable charge for their

    acceptance.

f.  Prohibition of unauthorized persons from access to areas

    within a site, including the unauthorized conducting of

    salvage operations.

 

Any regulation fixing days or hours of operation shall be submitted to the Board of Supervisors for approval before taking effect.  All regulations prescribed by the Director of Waste Management shall be filed in his or her office and shall be available for public inspection.

 

Section 5.  SALVAGE OPERATIONS.  Subject to the approval of the Board of Supervisors, salvage operations of reusable waste materials at County owned transfer stations, materials recovery facilities and disposal sites may be conducted only by such persons as are authorized to do so and upon such terms and conditions as are imposed by the Director of Waste Management.

 

Section 6.  GATE FEES.  Pursuant to the authority of Government Code Section 25823, gate fees for the disposal of solid waste and disposal of liquid waste at enumerated landfills shall be as established by the Board of Supervisors following a duly noticed public hearing.  The fees so established shall be in an amount which is sufficient, when combined with parcel assessments if applicable, to cover all costs including but not limited to the following:  closure, liners, land acquisition, materials recovery facilities, capital fund, code enforcement, abandoned vehicles, load check, litter control,

AB 939 implementation, habitat mitigation, landfill operations, engineering, environmental monitoring, administration, fleet maintenance, liability insurance, remediation, and state mandated fees.  Gate fees and the landfills to which they shall apply appear as Appendix A to this Ordinance.

 

Section 7.  PARCEL FEES.

a.       Pursuant to the authority of Government Code Section 25830, parcel fees to fund the acquisition, operation and maintenance of County waste disposal sites shall be as established by the Board of Supervisors following public hearings as provided in Government Code Sections 25830 and 54954.6.

b.       Parcel fee structure shall be established in a public hearing held prior to July 1 of each year for fees which are to be applied for the fiscal year beginning July 1 of that year; provided, however, in the event no revised fee has been established, the fees in effect for the preceding year shall continue to be the fees applied the following year.

c.       The parcel fees established, when combined with gate fees if applicable, shall cover all operational costs and a proportional share of all non-operational waste management costs for the landfill at which the fees are charged.  The non-operational cost share shall be proportioned by the estimated tonnage of the waste stream generated in the land use service area, as compared to the total Riverside County waste stream.

d.       Waste Management costs in a given service area shall be defined in the following categories:  (1) Operational Costs, (2) Program Costs, (3) Capital Costs,

     (4) Liability/Remediation Costs and (5) State Fees.

 

(1)      Operational Costs include all labor, equipment usage, supplies and ongoing expenses to operate the facilities and meet the requirements of regulatory agencies at landfills in the affected service areas.

(2)      Program Costs include those activities which may be established by the Board to fund waste related programs required by the State or County to meet Waste Management goals.  Examples of such programs include, but are not limited to, the following:

(a)  Local Enforcement Agency

(b)  Abandoned Vehicle Program

(c)  Code Enforcement Program

(d)  County Recycling

(e)  Household Hazardous Waste

(f)  Habitat Mitigation

(g)  Litter Control

 

(3)      Capital Costs include projections for major expenditures for landfill closure and liners as mandated by regulatory agencies in addition to land acquisitions for landfills and development funds for recycling facilities.

(4)      Liability/Remediation Costs include contributions to the County's Risk Management Fund for liability claims and to a remediation fund for pollution clean up expenses.

(5)      State fees include mandated costs for recycling and energy closure funds.

 

e.       In order to stabilize fees and minimize fee changes, the projected costs for a land use area shall be estimated for the upcoming year by using an average cost for the three (3) immediately preceding years.  Data from the Waste Management Department's accounting records shall be used for the first ten (10) quarters and an estimate shall be made to determine costs for the eleventh (11th) and twelfth (12th) quarters of the three year period.

f.        Extraordinary costs incurred at any site for major capital expenditures, acquisition of rights-of-way, installation of environmental monitoring or remediation equipment, etc. shall be excluded from the annual costs assigned to a site, as these costs shall be funded out of pooled resources from the list of program "set aside" costs cited above which are paid annually by all service areas and other tipping fee revenue sources.

g.       Extraordinary revenue received for a land use area such as revenue from agency or institutional contracts or gate fees when charged at a landfill within the same land use area shall be utilized to offset costs incurred by land use fee areas.  These contracts shall be reviewed by the Waste Management Department before each annual renewal to be certain that a fair apportionment of costs is absorbed by the contracting agency.

h.       Since scales are not available to determine precise tonnage generated at each of the small land use disposal sites, the Waste Management Director shall require annual disposal volume estimates to be made by photogrammetric or survey methods at each land use site.  Some variation of estimates is anticipated by using these methods, due to several factors inherent with landfill settlement issues, cover ratio, etc.  As a result, projected generation volumes will be calculated using average volumes for each of the three (3) immediately preceding years.

i.        Extraordinary tonnage received at a site (i.e., Department directed shifts in the waste stream, out of County deliveries to sites located attractively close to County borders, i.e. Oasis etc.) will be estimated by the Director and deleted from the tonnage attributed as received from the land use area.  Likewise, a proportional reduction in costs assigned to the land use area shall be made before establishing each annual land use fee.

j.        Land Use Fee adjustments to the per ton rate shall be limited to a maximum annual percentage increase that matches the anticipated annual Gate Fee Rate percentage increase.  From time to time, the Waste Management Department shall review generation factors on the various land uses to determine the continuing applicability of factors used to calculate the assessments.  If the results of this review reveal any generation factor increase of 33% or greater, these generation factor increases will be phased in over a period of three (3) years at a rate of 33% per year.  Cost projects and/or actual costs beyond what these rates provide will be budgeted for and absorbed by the Waste Management Department's other gate fee revenues.

k.       Land Use Code, descriptions, generation factors, the parcel fees based thereon, and the landfills and areas to which they shall apply shall be as established by the Board of Supervisors and shall appear as Appendix B to this Ordinance.

 

l.        The Director of Waste Management shall have the authority to correct any application of a land use code for a specific parcel of property where a field check or written documentation establishes that the use to which the property is currently being put is different from the code which has been assigned.

 

Section 8.  LANDS EXEMPT FROM ASSESSMENTS.  Assessments shall not be imposed on lands owned or occupied by Federal, State, or local agencies or districts, or on rights-of-way owned or used by railroad, gas, water, telephone, electric, public utility or cable television companies.  Assessments shall not be imposed upon lands exempted by law from such assessments.

 

Section 9.  METHOD OF COLLECTION-AUTHORIZATION TO ADD TO TAX ROLL.  All assessments fixed and authorized in Sections 6 and 7 above, may be collected directly by the County or added to the tax roll.  When added to the tax roll, the assessment shall appear as a separate item on the tax roll and on the tax bill.  The charge shall be collected at the same time and in the same manner as general ad valorem property taxes of the County of Riverside are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such County taxes.

 

Section 10.  PROHIBITIONS.  No person shall violate any regulation prescribed by the Director of Waste Management regulating the use of a County disposal site, transfer station, or materials recovery facility or fail to obey any sign giving notice of any regulation, maintained at any such site or facility by the Director of Waste Management.  Violation of any such regulation shall be a violation of this Ordinance.

 

Section 11.  VIOLATIONS AND PENALTIES.  It shall be unlawful for any person to violate any provision of this Ordinance.  Any person violating any provision of this Ordinance shall be deemed guilty of an infraction or misdemeanor as hereinafter specified.  Such persons shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Ordinance is committed or continued.  Any person so convicted shall be:  (1) guilty of an infraction offense and punished by a fine not exceeding One Hundred dollars ($100.00) for a first violation; (2) guilty of an infraction offense and punished by a fine not exceeding Two Hundred dollars ($200.00) for a second violation.  The third and any additional violations shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding One Thousand dollars ($1,000.00) or six (6) months in jail, or both.  Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor.  Payment of any penalty herein shall not relieve a person from the responsibility for correcting the violation.

 

 

Section 12.  SEVERABILITY.  If any provision, clause, sentence or paragraph of this Ordinance (including its appendices) or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions or applications of the provisions of this Ordinance (and its appendices) which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance (and its appendices) are hereby declared to be severable.

 

 

 

 

Section 13.  EFFECTIVE DATE.  This Ordinance shall take effect 30 days after the date of adoption.

   

 

 

 

 

 

 

ADOPTED:  11‑2‑71  (Eff.:  12‑2‑71)

AMENDED: 

           536.1

           536.2   (Eff.: 11‑20‑75)

           536.3   (Eff.:  5-25-89)

           536.4   (Eff.:  1-14-93)

   536.5   (Eff.:  5-27-93)

   536.6   (Eff.:  7-22-93)

   536.7   (Eff.:  7-14-94)

          

           Ord. 798   (Eff:   8/28/98)  Supersedes and Repeals Ord. 536 in its Entirety

 

 

                                                                       

 

 

ATTACHED IS APPENDIX A “SCHEDULE OF WASTE DISPOSAL FEES”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

               APPENDIX "A" TO RIVERSIDE COUNTY ORDINANCE NO. 536

                                    SCHEDULE OF WASTE DISPOSAL FEES

 

                                                  EFFECTIVE JULY 7, 1994

 

________________________________________________________________________________

The following gate fees will be applicable at Highgrove, El Sobrante, Double Butte, Mead Valley, Badlands, Edom Hill, Lamb Canyon, Coachella, and Blythe Landfills:

______________________________________________________________________________

           WASTE GROUP DESCRIPTIONS                                                              RATE

 

================================================================================

 

1.  Any vehicle hauling 2 or less large trash bags                                                                No Charge

2.     Vans, pickup trucks or any vehicle pulling a two-wheel

trailer or any other vehicle:

    (a) hauling miscellaneous waste not exceeding .3 ton                                            $5.00/load

    (b) hauling clean green and/or woody wastes which are

        segregated from other wastes and do not exceed .3 ton                                             $5.00/load ***

    (c) hauling miscellaneous waste exceeding .3 ton.                                                           $38.50/ton *

    (d) hauling clean green and/or woody wastes which are

 segregated from other wastes and exceed .3 ton                                                    $10.00/ton ***

______________________________________________________________________________

3.     Any vehicle hauling:

    (a) wastes consisting exclusively of concrete, asphalt,

    stones and/or some dirt in which no single piece of

    concrete, asphalt, or stone weighs more than 150 lbs.                    

    or is 24" in diameter                                                                                               $19.50/ton *

(b) entirely clean fill dirt which may be used for daily

    cover and has been preapproved by the Director or

    designee                                                                                                                $5.00/load

______________________________________________________________________________

4.     All vehicles not described in any other provision

of this fee schedule                                                                                           $34.50/ton *

______________________________________________________________________________

5.     Added to the charges listed herein will be a charge of:

    (a) $1.00 per tire being disposed of with a load of

    routine refuse

(b) $10.00 per uncovered load of refuse which

        has exposed material which in the opinion of the

    Director may litter access routes to the landfill.

______________________________________________________________________________

6.     Vehicles hauling loads of dead animals                                                            $48.50/ton **

______________________________________________________________________________

7.     Vehicles hauling loads of more than 12 motor vehicle

    and/or standard truck equipment tires and any load with

    1 or more oversize tires, used on motor graders, scrapers, etc.                                     $84.50/ton **

______________________________________________________________________________

 

 

 

______________________________________________________________________________             

_________________________________________________________________________

APPENDIX A

TO RIVERSIDE COUNTY ORDINANCE NO. 536.7

SCHEDULE OF WASTE DISPOSAL FEES

 

PAGE 2

 

WASTE GROUP DESCRIPTIONS                                                                           RATE

 


8.     All other vehicles carrying wastes requiring

special handling                                                                                                        $48.50/ton **

______________________________________________________________________________

9.     Chemical toilet wastes, grease trap pumpings,

septic tank or cesspool pumping wastes

contained in tanker vehicles                                                                                      $38.50/ton *

 

10. Any other acceptable liquid wastes                                                                          $48.50/ton **

_____________________________________________________________________________

11. Unloading and towing services, all vehicles:

    (a) 10 minutes or less                                                                                            $20.00

    (b) over 10 minutes                                                                                                         $35.00

_____________________________________________________________________________

12.   For customers unloading:

    (a) 16 to 30 minutes past closing                                                                                    $10.00

    (b) 31 minutes or more                                                                                                  $20.00

____________________________________________________________________________

13. For Freon Discharge Service (effective June 1, 1994)     $15.00/unit

    ($15.00 rate is waived for illegally dumped

    appliances delivered by Public Agencies)

____________________________________________________________________________

====================================================================

*    Prorated to the nearest $.25

**   Prorated to the nearest $.25 with a minimum charge of $20.00

     per vehicle

***  Rate is effective at those sites where Director has determined

     there is an approved outlet established for clean green and/or

     woody wastes

Note

           1)    Loads of dead sheep from the Blythe service area separated from

other wastes will be received at no charge at the Blythe Landfill

           2)    Certified loads of illegally dumped nonhazardous municipal solid

          waste retrieved along open flowing irrigation canals which are

          delivered by the agency responsible for maintaining the canals shall

          be received at no charge at the Blythe Landfill.

   3)    Non-Commercial self-haul vehicles hauling, .3 ton or less of

municipal solid waste from the Blythe service area (exclusive of

waste requiring special handling) shall be exempt from the $5.00

charge at the Blythe Landfill.  Such loads shall also be exempt

          from fees for 2 or less tires, but are not exempt from uncovered load

charges.