Sec. 13-1. - Liberal construction.
Sec. 13-1.5. - General limitations.
Sec. 13-1.6. - Responsibility for rate setting.
Sec. 13-3. - Responsibility to manage solid waste.
Sec. 13-4. - Rules and regulations.
Sec. 13-5. - Administration of chapter.
Sec. 13-1. - Liberal construction.
In order to protect the health, safety and welfare of Kings County residents and to promote an improvement in visual and physical quality of the environment, and in order to meet the statutory waste diversion mandates required by California Public Resources Code Section 41780 et seq., the board of supervisors has determined that it is necessary to adopt a coordinated county-wide program for the safe, economical and efficient collection, storage, transportation and disposal of solid waste, and to assure adequate standards of service for said collection, storage, transportation and disposal of solid waste. This chapter shall be liberally construed for the accomplishment of these purposes.
(Ord. No. 533, § 2, 6-21-94)
Sec. 13-1.5. - General limitations.
Kings County shall not require mandatory collection of solid waste and shall not arrange for any such services to be provided or require that any services for the collection of solid waste be provided by any particular person or entity. Cities may provide service outside incorporated areas only if their operations are not subsidized by public funds. This chapter shall not affect the authority of Kings County to specify the location at which solid waste must be delivered for recycling or other processing.
(Ord. No. 555, § 1, 12-3-96)
Sec. 13-1.6. - Responsibility for rate setting.
Notwithstanding any other provision of this chapter, neither the board of supervisors nor the public works department is in any way responsible for the setting or establishment of solid waste collection rates to be charged to the customers by solid waste collection companies licensed hereunder. Solid waste collection rates are to be established at the sole discretion of and by the licensed collection companies and shall not be subject to the approval of the county in any way.
(Ord. No. 555, § 2, 12-3-96)
This chapter regulates the storage, segregation, collection, transportation, processing and disposition of solid waste generated within the unincorporated area of Kings County.
(Ord. No. 533, § 2, 6-21-94)
Sec. 13-3. - Responsibility to manage solid waste.
It is hereby declared that it is in the interest of public health, safety and welfare that the county control and manage the segregation, storage, collection, transportation, processing and disposal of solid waste in the unincorporated areas of the county.
(1)
In this regard, the county is responsible for all aspects of management of solid waste. It may carry out this responsibility itself or it may contract with persons to conduct such work.
(2)
The county has full authority to regulate the collection and transportation of solid waste, including recyclables, within the jurisdiction of Kings County.
(Ord. No. 533, § 2, 6-21-94)
Sec. 13-4. - Rules and regulations.
The board shall, by resolution, establish additional rules and regulations to administer and carry out the policies and purposes of this chapter as from time to time appear to be in the best interests of the public health, safety and welfare.
(Ord. No. 533, § 2, 6-21-94)
Sec. 13-5. - Administration of chapter.
The public works director is charged with administration of this chapter and the rules and regulations adopted by the board. The public works director is authorized to make necessary and reasonable policies and procedures with respect to the accumulation, collection, transportation, processing, recycling, and disposal of various types of solid waste, consistent with this chapter and the rules and regulations adopted by the board. The health officer shall have authority to enter, at any reasonable hour, upon the premises of any person regulated by this chapter to determine compliance with this chapter and the rules and regulations adopted by the board.
(Ord. No. 533, § 2, 6-21-94; Ord. No. 555, § 3, 12-3-96)
Except as otherwise provided herein, the words used in this chapter shall be interpreted consistent with the definitions set forth in Public Resources Code Section 40100 et seq., the Health and Safety Code Section 25110 et seq., and Title 14 California Code of Regulations Section 17225 et seq. The definitions set forth below shall apply throughout this chapter.
Act means the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000 et seq.) and all regulations adopted under that legislation, as may be amended from time to time.
Agricultural solid waste means manures, culls, prunings or crop residues resulting from the production, packing or processing of farm or agricultural products.
Board means the Kings County Board of Supervisors.
Buy back facility means a facility which receives source separated materials for a fee.
Clean up people means those individuals or firms exclusively providing solid waste cleanup and removal services at residential, commercial, industrial or institutional locations.
Collection vehicle means any vehicle or equipment used in the collection of residential, commercial, industrial or governmental solid waste.
Collector means any person who engages in solid waste collection.
Compost means the product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility.
Composting facility means a permitted solid waste facility at which composting is conducted and which produces compost.
Container means any bin, roll-off box, vessel, can or receptacle used for collecting solid waste for removal, whether owned by the collector, property owner or tenant.
Food waste means all institutional, residential and commercial food product waste.
Garbage means the putrescible animal, fish, fowl, food, fruit, bakery goods or vegetable matter resulting from the preparation, storage, processing, handling, decay, distribution, manufacturing or consumption of such substance except suet, tallow, bones or meat trimmings that are not rejected by the owner or producer as worthless or useless.
Greenwaste means all grass clippings, leaves, branches and tree trunks and other yard waste generated by residential property owners and placed at the curb.
Health officer means the Health Officer of Kings County or his authorized representative.
KWRA means the Kings Waste and Recycling Authority, the joint powers agency consisting of the County of Kings and member cities.
License means a solid waste collection license issued by the public works director pursuant to Article III of this chapter.
Licensed collector means any person or entity which has obtained a solid waste collection license from the county pursuant to Article III of this chapter.
Litter means all improperly discarded solid waste, including but not limited to, convenience food, beverage and other product packages or containers constructed of steel, aluminum, glass, paper, plastic and other natural and synthetic materials thrown or deposited on the lands and waters of the state but not including the properly discarded waste of the primary processing of agriculture, mining, logging, saw milling or manufacturing pursuant to California Code of Regulations Title 14 Section 17225.42.
Local enforcement agency means the agency which has been designated under the California Integrated Waste Management Act as the local enforcement agency within Kings County. The current local enforcement agency is the county health department.
Material recovery facility means a facility designed to receive, process, and dispose of solid waste with the purpose of performing salvage and then disposing of the residual solid waste at an approved solid waste disposal site.
Medical waste means biohazardous waste; sharps waste; waste which is generated or produced, as a result of the diagnosis, treatment or immunization of human beings or animals, in research pertaining thereto or in the production or testing of biologicals pursuant to California Health and Safety Code, Section 25023.2.
Nuisance means anything which is injurious to human health or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.
Occupant means every owner, tenant, lessee or person having the care or control of any property or premises.
Person means any individual, firm, association, partnership, political subdivision, government agency, district municipality, public or private corporation, for profit or non-profit, or any other entity whatsoever.
Premises means a tract or parcel of land with or without habitable buildings or appurtenant structures.
Public works director means the Public Works Director of Kings County or his authorized representative.
Putrescible waste means organic material with a decomposition capacity to emit noticeable quantities of odor and gaseous byproducts. Material in this category includes but is not limited to kitchen waste, dead animals, and food waste.
Recyclables means solid waste which is aluminum, glass bottles and jars, paper, newspaper, cardboard, plastic containers, tin and bi-metal, white goods, yard or green waste and other materials which can be, processed and returned to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.
Salvage means the following:
(1)
Verb: Segregation of recyclables from the solid waste stream by the generator of that solid waste and preparation for sale by the generator, at a profit, in the commercial market.
(2)
Noun: Solid waste which has been prepared by the generator at the site where generated and which is salable as a commodity.
Solid waste means all putrescible or non-putrescible solid and semi-solid waste including recyclables, refuse, garbage, rubbish, trash, decaying vegetable and animal matter, ashes, street refuse, green waste, industrial waste, swill, offal, tin cans, paper, and other offensive of nauseous substances, excepting the following: agricultural solid waste, and liquid-carried industrial wastes, and sewage or sewage hauled as an incidental part of a septic tank or cesspool cleaning service, medical waste, and hazardous or extremely hazardous waste as defined and regulated by state law.
Solid waste collection means the commercial act of collecting, removing, or transporting solid waste generated at residential, commercial, industrial or governmental sites within the unincorporated territory of Kings County, and hauling it to a facility for processing, transfer, or disposal.
Solid waste collector means any person or entity which has been issued a solid waste collection license by the public works director pursuant to Article III of this chapter.
Solid waste facility means a disposal site, buy back facility, material recovery facility (MRF), composting facility, transfer station, or a site that engages in any solid waste processing, or any facility specified in the Public Resources Code Section 40194. Solid waste facility shall include a commercial or industrial business conducting salvage of recyclables, but shall exclude private residences engaged in salvage for their own purposes.
Solid waste processing means the reduction, separation, composting, recovery, salvage, conversion or recycling of solid waste and any activity conducted in a solid waste facility.
Solid waste processor means any person regularly engaged in solid waste processing, including a buy-back facility as defined herein.
Solid waste separation means the placement of recyclables in separate containers or bags, or the physical separation of recyclables from other solid waste. The term segregation shall be interchangeable with separation.
Source separation means the separation or segregation of solid waste, at the place of generation or production, of wastes and resources for separate collection, processing, recycling, reuse, recovery or disposal.
Special waste means solid waste which has characteristics which make it unsuitable for collection and/or processing by regular or routine methods. Such wastes includes but is not limited to tires, large white goods, demolition. These wastes will be collected and/or processed separately from the regular, collection and processing procedures.
White goods means kitchen or other large appliances.
Yard waste means leaves, grass, weeds, and wood materials from trees and shrubs.
(Ord. No. 533, § 2, 6-21-94; Ord. No. 555, § 4, 12-3-96)