Sec. 13-30. - License required.

For the purpose of protecting the public health and safety and the environment, and pursuant to regulations adopted by the public works director, the public works director shall issue non-exclusive solid waste collection licenses to persons or entities making application for a license pursuant, and subject to, the provisions of this article.

(Ord. No. 555, § 10, 12-3-96)

Sec. 13-31. - Solid waste collection license.

After completion of the application process set forth in section 13-32 of this article, the public works director may issue a non-exclusive license to an applicant for a solid waste collection license, subject to appropriate terms and conditions set forth in the license, which terms and conditions shall be consistent with this chapter and with the regulations adopted pursuant thereto.

(1)

License content. The solid waste collection license shall include all the requirements of this chapter including, but not limited to, the responsibilities of solid waste licensees as set forth from section 13-36 through section 13-41, the rules, regulations and established standards set by the board under sections 13-4 and 13-10, and the policies and procedures established by the public works director under section 13-5

(2)

License term. Licenses issued pursuant to this section shall be valid for three years from the date of issuance. Such licenses shall be renewable subject to compliance with a renewal application procedure to be developed by the public works director.

(Ord. No. 555, § 10, 12-3-96)

Sec. 13-32. - License application process.

The public works director and health officer are responsible for the review and evaluation of applications for solid waste licenses. Upon receipt of an application and the required fees, the public works director shall forward a copy of the application to the health officer.

(1)

Every application for a solid waste collection license must be accompanied by the fee required under section 13-33 below and shall contain at least the following information:

a.

The name, address and business telephone number the of the applicant.

b.

A comprehensive description of the proposed schedule for solid waste collection days and time.

c.

A comprehensive statement setting forth the applicant's experience in providing commercial solid waste collection services in the past.

d.

A complete description of the comprehensive system to be used by the applicant to meet the landfill diversion requirements set forth in section 13-36(a)(6)b of this chapter, in the event that the applicant does not intend to comply with the requirement set forth in section 13-36(a)(6)a. Prior to the issuance of a license, the public works director must make a determination that such diversion system meets the requirements of this chapter and will not in any way jeopardize the county's ability to comply with the requirements set forth in public resources code section 41780.

(2)

The health officer shall make any inspections he deems necessary or appropriate and within 30 days shall report to the public works director with recommendations, including any recommendations for special license conditions relating to public health and safety.

(3)

The public works director shall review all applications and make such investigations as he deems necessary and appropriate.

(4)

Upon the basis of the level of service proposed, any historical evidence as to the quality of service, the health officer's recommendations, evidence submitted and results of any investigations, the public works director shall make a finding on the qualifications of the applicant under this chapter. On the basis of his findings, the public works director shall issue the license with appropriate conditions attached thereto, or he shall deny the application. If the public works director denies an application for a license, the applicant may request and shall be entitled to an appeal hearing before the board of supervisors, which shall be conducted pursuant to the provisions of section 13-50 of this chapter.

(Ord. No. 555, § 10, 12-3-96)

Sec. 13-33. - License application fee.

Based upon the recommendation of the public works director, the board of supervisors shall establish a schedule of appropriate fees to cover the costs of processing and reviewing applications for solid waste collection licenses. An application shall not be accepted by the public works director unless it is accompanied by the appropriate fee. An application which is mistakenly accepted without payment of the required fee shall be returned to the applicant without further processing.

(Ord. No. 555, § 10, 12-3-96)

Sec. 13-34. - License fee.

Based upon the recommendation of the public works director, the board of supervisors shall establish a schedule of appropriate license fees to be charged to all licensees to cover the reasonable costs of monitoring the licensee's performance under the license.

(Ord. No. 555, § 10, 12-3-96)

Sec. 13-35. - Licenses for cities and districts.

Licenses may be issued to cities and special districts for collection outside their jurisdictions under the same terms and conditions set forth in this chapter, subject to the requirements of section 13-1.5 of this chapter.

(Ord. No. 555, § 10, 12-3-96)

Sec. 13-36. - Responsibility of solid waste collection licensees.

(a)

In addition to other requirements of this chapter, each licensed collector shall comply with the following requirements:

(1)

Performance standards. The licensee shall provide solid waste collection service in compliance with the performance standards adopted by the board by resolution.

(2)

Litter and nuisance prevention. The licensee shall be responsible for the prevention of littering or the creation of a nuisance at the loading point, during loading, during transport, and during unloading operations.

(3)

Regular collection schedule. The licensee shall provide a minimum regular collection schedule for his or her customers. The licensee may change the regular collection schedule, but only after giving the county public works department and each of the effected customers at least 30 days notice of the proposed change.

(4)

Operating records. The licensee shall keep and maintain such operating records as the public works director may require to ascertain the extent of compliance with this chapter, and shall, if so requested by the public works director, submit periodic reports of his or her operations.

(5)

Customer complaints. The licensee shall maintain a record of customer complaints, to include a record of the action taken to resolve each complaint. Such record shall be available for inspection by the public works director for a period of at least three years.

(6)

Landfill diversion requirements. The licensee shall either:

a.

Deliver all solid waste and all recyclables, including those deposited in the solid waste container in yellow bags (or pursuant to whatever system of recovery and recycling is or may subsequently be developed and used by KWRA) for recycling by KWRA to the KWRA Materials Recovery Facility/Transfer Station located at 7803 Hanford-Armona Road, Hanford, California; or

b.

Develop, maintain and operate a comprehensive system of recycling all recyclables deposited in solid waste containers to be used by the solid waste collector during the term of the license, which system shall be subject to the prior approval of the public works director. The system developed by the licensee must ensure that the licensee will meet the landfill diversion goals set forth in Public Resources Code section 41780, shall comply in all respects with all other provisions of the California Integrated Waste Management Act, the Kings County Multi-Jurisdictional Source Reduction and Recycling Element adopted in March 1992, and the Kings County Countywide Integrated Waste Management Plan adopted in April 1995. Such system shall include a provision requiring delivery by the licensee of all recyclables placed in yellow bags to the KWRA MRF. Failure of the solid waste collector to implement, maintain and operate such diversion system so as to meet the landfill diversion goals set forth in Public Resources Code section 41780 and in the Kings County Multi-Jurisdictional Source Reduction and Recycling Element may result in the county imposing penalties on the solid waste collector which would otherwise be imposed upon the county under the provisions of Public Resources Code section 41850, in an amount which is proportionate to the amount of solid waste which the licensee collects within Kings County. The imposition of such penalties is not exclusive of any other remedies set forth in Chapter 13

(7)

KWRA use agreement. In the event that the solid waste collector opts to comply with subsection (6)a. above by delivering all recyclables to the KWRA MRF, and prior to the issuance of a license, the applicant shall enter into an agreement (use agreement) with KWRA which guarantees that KWRA will accept the licensee's solid waste and recyclables for the term of the license and guarantees that the licensee will deliver all such solid waste and recyclables to KWRA's designated facility. A current executed copy of the use agreement shall be a condition of the license, and failure to comply with such use agreement shall be grounds for revocation of the license.

(8)

Monthly reports. In the event that the licensee opts to develop and operate its own diversion program as described in section 13-36(a)(6)b. above, the licensee shall report to the county public works department and to KWRA on a monthly basis the following:

a.

The total tonnage of solid waste collected within Kings County;

b.

The total tonnage of solid waste classified as recyclables which are removed from the amount of total tonnage collected;

c.

A description of the ultimate disposition of all recyclables reported under subsection b. above;

d.

The total tonnage of solid waste collected within Kings County which is delivered to a solid waste landfill;

e.

The tonnage of solid waste delivered to landfills, broken down by the name of the landfill and the county in which it is located.

(9)

Customer lists. The licensee shall keep and maintain a current list of customers with name, telephone number, address and type of service and shall make such list available to the public works director or his designee upon request if and when the licensee discontinues providing service to customers within the Kings County unincorporated area.

(b)

Identification requirement. The identification of solid waste containers and vehicles used in the collection and transport of solid waste shall be governed by Title 14 California Code of Regulations Sections, Sections 17316 and 17344.

(c)

Transportation requirements. Hauling of solid waste and parking of solid waste vehicles.

(1)

The hauling of solid waste on public roads or highways shall be governed by Vehicle Code Sections 23114 and 23115.

(2)

The parking of solid waste collection and transportation vehicles shall be governed by Title 14 California Code of Regulations, Section 17343.

(3)

Vehicle and equipment inspection. Subject to the provisions of existing law, the vehicles and equipment of a licensed collector may be inspected by the health officer at any reasonable time, at the point of operation or at the licensed collector's service yard.

(d)

Insurance requirements. Solid waste licensees shall be responsible for obtaining and maintaining during the entire term of their license and all renewals thereof a policy of public liability and property damage insurance in amount to be established by the public works director after consultation with the county risk manager.

A license shall not be issued by the public works director until the applicant has submitted a certificate of such insurance to the public works department.

(Ord. No. 555, § 10, 12-3-96)

Sec. 13-37. - Office and customer information requirements.

Each licensed collector shall establish and maintain an office where service may be applied for and complaints made. The office shall be equipped with a listed telephone, to which calls from customers may be placed without payment of a toll. In addition, each licensed collector shall provide a 24-hour, seven-day-a-week emergency telephone number for the use of the county and customers in the event of an emergency. Each licensed collector shall supply all serviced premises with printed information cards containing information regarding amounts of solid waste which will be collected, complaint procedures, rates, regulations, and days of collection. Information cards shall be provided to each customer at the time of subscription, upon request, and in advance of route, rate, or regulation changes.

(Ord. No. 555, § 10, 12-3-96)

Sec. 13-38. - Reserved.

Sec. 13-39. - Nonliability of county.

Neither the county nor any of its officers or employees shall be liable, or in any way responsible, for the payment of any service rates or charges due the licensed collector for performing services for any person or entity other than the county.

(Ord. No. 555, § 10, 12-3-96)

Sec. 13-40. - License nonassignable.

Any license issued under this chapter shall not be assignable or transferable, either voluntarily or by operation of law, without the prior written consent of the board of supervisors.

(Ord. No. 555, § 10, 12-3-96)

Secs. 13-41—13-49. - Reserved.