Sec. 22-9. - Required—Exceptions.
Sec. 22-11. - Processing of applications for new or modified licenses—Issuing of licenses.
Sec. 22-14. - Cancellation, revocation, and suspension.
Sec. 22-15. - Licensees' insurance, bonding and indemnification.
Sec. 22-16. - Territorial limits of license.
Sec. 22-17. - Container service limits.
Sec. 22-18. - General regulations governing licenses.
Sec. 22-19. - Licensees' charges to customers.
Sec. 22-20. - The administration of licensing.
Sec. 22-22. - Assignment or transfer of license—Change in beneficial ownership.
Sec. 22-9. - Required—Exceptions.
No person shall collect, haul or transport refuse on or from any public highway within the county or transport any refuse collected within the county over any public highway within the county, without: (1) first making application to the director of public works and receiving an appropriate license under the terms and conditions of Chapter 22; or (2) a franchise agreement executed by the county board of supervisors under the terms and conditions of the approved franchsie agreement. The provisions of this section shall not apply to persons hauling household refuse from their own residences, nor to farming or agricultural operations, nor to municipalities or public agencies, nor to industrial, commercial or business establishments, nor to building contractors, nor to any of those hauling their own refuse or refuse generated by themselves, nor to any person transporting refuse from a transfer station pursuant to a contract between that person and the county of Sonoma. It is the intent of this section to prohibit any person from hauling refuse for hire without first receiving a license or franchise agreement pursuant to this chapter.
(Ord. No. 5854, § I, 9-22-2009; Ord. No. 3079; Ord. No. 1069, § 6.)
Applicants for a license under this chapter shall file with the director of public works a verified application in writing on a form furnished and approved by the director of public works, which shall have the following information:
(a)
Name of applicant;
(b)
Permanent home and business address and full local address of the applicant;
(c)
Trade or firm name;
(d)
If a joint venture, partnership, limited partnership or a syndicate, the names of all partners or syndicators, their percentage of participation and their permanent addresses; if a corporation, the names and permanent addresses of all shareholders, directors and officers and the percentage of participation of each;
(e)
The locations applicant has arranged for the disposal of all refuse collected and transported by him at a disposal area where the same may be legally accepted and disposed;
(f)
(1) The number of vehicles owned by applicant suitable for the collection and transportation of refuse including license numbers and the cubic volume of each.
(2)
The number of vehicles controlled by applicant suitable for the collection and transportation of refuse including license numbers and the cubic volume of each. For each piece of equipment controlled, state the name of the owner, the owner's business address and a brief description of the terms of the transaction by which applicant controls the equipment.
(3)
The location or locations where the equipment either owned or controlled by applicant may be inspected by the director of public works.
(4)
A statement that such vehicles and equipment conform to all applicable provisions of Chapter 22 of the Sonoma County Code.
(g)
A definitive description of the areas applicant proposes to serve by census tracts and traffic zones. Said description shall include:
(1)
The total population in each area proposed to be served.
(2)
The names and addresses of any licensee presently serving each area proposed to be served.
(3)
The number of pieces of equipment that applicant proposes to use to serve the area sought to be served including licensed vehicles and containers separately stated.
(4)
A proposed schedule of service to the areas sought to be served separately stating the regularity of garbage service and rubbish service, the estimated time to collect all garbage from each area sought to be served and the amount of time required to transport all garbage collected from each area to the proposed disposal areas.
(5)
An estimate, in detail, of the volume of refuse expected to be collected and transported from each area sought to be served for a period of two (2) years from the date of commencement of operation including an estimate of the gross income, cost of operating, gross profit, general and administrative expenses, and net income before taxes that will result directly to applicant from the proposed operation in the areas sought to be served.
(6)
A description of the financial arrangements that are proposed to be entered into by applicant to acquire the necessary equipment, the source of all required funds, and a brief description of the terms of any transaction by which applicant will obtain any of the required funds.
(h)
If applicant is a going concern, copies of applicant's income statement for the last three (3) fiscal years; a copy of applicant's balance sheet for the end of its fiscal year for the last three (3) years. If applicant is not a going concern, in lieu of the financial statements, a statement shall be submitted, in the form of a budget, setting forth:
(1)
The total projected financing requirements of applicant for the initial two (2) years of operation.
(2)
The source of all required funds.
(3)
The use proposed to be made of all funds received, including all expenditures to be made or incurred.
(i)
The names and addresses of all persons known to applicant in the areas sought to be served who would use applicant's service in the event the application is granted.
(j)
All facts or reasons upon which applicant relies which show that the public convenience and necessity requires the granting of the application.
(k)
An applicant for a new license under this chapter or an existing licensee seeking to modify his license, shall file with the director of public works a verified application, in writing, on a form furnished and approved by the director of public works which form may require such additional facts or information as the director of public works may deem necessary to process the application.
(l)
All applications shall be accompanied by a fee of two hundred fifty dollars ($250.00) for filing each application for the issuance of a new license or a modification of an existing license.
(Ord. No. 1837 § 3.)
Sec. 22-11. - Processing of applications for new or modified licenses—Issuing of licenses.
(a)
The director of public works shall conduct such investigation of each application as he shall deem necessary so as to be able to recommend to the board if said application should be granted in whole, in part, or denied. Such recommendation shall include the director of public works' findings concerning the fitness, willingness, and ability of applicant to properly perform the service proposed and to conform to the requirements of this chapter and the rules and regulations of the department of public works and his conclusion if the proposed service is or will be required by the present or future public convenience and necessity.
Upon receipt of the recommendations of the director of public works the board may approve, either in whole or in part, or conditionally approve the application upon finding that:
(1)
Applicant is fit, willing, and able to properly perform the services proposed and to conform to the requirements of this chapter and the rules and regulations of the department of public works.
(2)
The proposed service is or will be required by the present and future public convenience and necessity.
In the event any required finding is not made, the application shall be denied.
Upon approval or conditional approval, the director of public works shall issue the appropriate license pursuant to section 22-9 hereof.
(Ord. No. 1837 § 4.)
(a)
Term. All licenses issued under this chapter shall be effective for ten years from the date of issuance unless otherwise provided or revoked.
(b)
Present licensees. All present licensees under Ordinance No. 387 shall on the effective date of the ordinance from which this article derives [129] and upon the payment of the required fees have licenses issued for a period of ten years; provided, that they fully comply with this article.
(Ord. No. 1837 § 5.)
Any licensee under the provisions of this chapter may, at any time within five (5) years prior to the expiration of his license, apply for a renewal thereof for a term not to exceed five years from the date of expiration of his current license. If the board finds that the licensee, has during the term of the current license, operated in conformity with the provisions of this chapter and the rules and regulations of the director of transportation and public works and that he is capable of continuing the operation in conformity with this chapter, then said license may be renewed for an additional term, not to exceed five years from the date of expiration.
In the event the board is unable to make any required finding for renewal, the board shall deny the application without prejudice to the licensee who may renew his application for an extension after the passage of six (6) months' time. In the event that a license expires, no application for renewal will be accepted thirty (30) days after the expiration date. Each application for renewal of any license shall be accompanied by a filing fee of one hundred dollars ($100.00).
(Ord. No. 5679 § 2, 2006: Ord. No. 1837 § 6.)
Sec. 22-14. - Cancellation, revocation, and suspension.
Any license or permit issued under the provisions of this chapter may be suspended, cancelled, or revoked on ten (10) days' written notice mailed to the last business address of licensee as furnished to the director of public works in accordance with Section 22-24. The notice to the licensee shall be transmitted certified mail, return receipt requested, upon the happening of any one of the following:
(a)
Any licensee fails or refuses to comply with the provisions of this chapter or the applicable rules and regulations of the department of public works.
(b)
The license is not exercised for any continuous thirty (30) day period.
(c)
The licensee has offered to assign or has assigned, either voluntarily or by operation of law, any license issued hereunder without the prior written approval of the board.
(d)
There is any change in the legal or beneficial ownership, either directly or indirectly, by any person or entity holding a license without the prior written approval of the board.
(e)
The director of public works finds that the vehicles used or proposed to be used by the licensee for the collection and transportation of refuse are either insufficient, unfit, violate the provisions of this chapter, or violate the regulations adopted in accordance with this chapter.
(Ord. No. 1837 § 7.)
Sec. 22-15. - Licensees' insurance, bonding and indemnification.
(a)
Prior to the issuance of any license under this chapter, the prospective licensee shall furnish the clerk of the board a cash deposit in the sum of twenty-five hundred dollars or a surety bond in the same amount furnished by a corporate surety authorized to do business in the state. Such bond shall be in favor of the county and shall be approved by the county counsel. Such bond shall be conditioned upon full and faithful performance by the licensee of his obligations under the applicable provisions of this chapter and any license issued hereunder and shall be kept in full force and effect by the licensee throughout the life of the license and all renewals thereof; provided, however, that if the licensee has lees than one thousand (1,000) but more than five hundred (500) customers, the amount of such bond shall be one thousand dollars ($1,000.00); provided, further, that if the licensee has five hundred (500) or fewer customers the amount of the bond shall be five hundred dollars ($500.00). The board may from time to time by resolution establish additional bond requirements as it deems necessary.
(b)
As a condition of the issuance of a license under the provisions of this chapter, the licensee shall agree to the terms of this section. The licensee shall appear and defend all actions against the county, its officers, employees and agents, arising out of the exercise of the license and shall indemnify and save the county, its officers, employees and agents harmless of and from all claims, demands, actions or causes of action of every kind and description resulting directly or indirectly, arising out of, or in any way connected with the exercise of such license.
(c)
The licensee shall obtain and keep in force during the term of his license public liability and bodily injury insurance in an amount not less than two hundred thousand dollars ($200,000.00) for injuries or death to any one (1) person and not less than five hundred thousand dollars ($500,000.00) for injuries or death to more than one (1) person arising out of any one (1) accident or occurrence; property damage liability insurance in an amount not less than fifty thousand dollars ($50,000.00); and workers' compensation insurance covering all employees of the license. Copies of such policies, or certificates evidencing such policies, shall be approved by the county counsel and filed with the clerk of the board prior to the issuance of any license. The county shall be named as an additional insured. All policies shall contain a provision requiring a ten (10)-day written notice to be given the board prior to cancellation, modification or reduction of limits. The amounts of public liability insurance for bodily injury and property damage shall be subject to review and adjustment by the board. All insurance policies issued after July 1, 1968 shall have a termination date of July 1, 1969 and all policy anniversary dates will be July 1 of each year. Before any license is issued, the prospective licensee's trucks shall comply with the regulations as set forth by this chapter and the pertinent provisions of the state Vehicle Code.
(Ord. No. 1069 § 11.)
Sec. 22-16. - Territorial limits of license.
The director of public works shall specify in all licenses issued under the provisions of this chapter the territory in which the licensee may collect and transport refuse. No licensee shall at any time collect the refuse in the county outside the territorial limits fixed in the license issued to him. The territory so specified in any such license may be modified by the board following reasonable notice and hearing.
(Ord. No. 1069 § 12.)
Sec. 22-17. - Container service limits.
No licensee under the provisions of this chapter shall be required to service containers over thirty-two (32) gallons capacity or any container exceeding eighty (80) pounds in weight.
(Ord. 1069 § 13.)
Sec. 22-18. - General regulations governing licenses.
(a)
Records and reports. All licensees under the provisions of this chapter shall keep and maintain such records as the director of public works may require to ascertain the extent of compliance with this chapter and shall, if requested by the director of public works, submit periodic reports based on the records.
(b)
Minimum Number and Hours of Collection. All licensees shall provide a minimum of regular weekly collections to their customers. The hours of collection in the residential areas shall be from 6:00 a.m. to 6:00 p.m. daily, with no collections on Sundays and holidays. New Year's Day, Christmas Day, Thanksgiving Day and July Fourth are recognized holidays.
(c)
Assumption of Service by County—Generally. In the event the refuse collection of a licensee is in default as herein provided, the county may forthwith take temporary possession of all facilities and equipment of the licensee for the purpose of continuing the service which the licensee has agreed to provide and to preserve and protect the public health and safety. The county shall not have the right to retain possession of such facilities and equipment and to render the required service, until the licensee can demonstrate to the satisfaction of the board that required services can be resumed by the licensee; provided, however, that such temporary assumptions of the licensee's obligations under this license shall not be continued by the county for more than one hundred twenty (120) days from the date such operations were undertaken. Should the licensee fail to demonstrate to the satisfaction of the board that required services can be resumed by the licensee prior to the expiration of the aforementioned one hundred (120) days, the license or permit granted hereunder may be forfeited and the rights and privileges granted in such license or permit may be cancelled and annulled.
(d)
Same—County to Receive Revenue. During any period in which the county has temporarily assumed the obligations of the license such subsection (c) of this section, the county shall be entitled to the gross revenue attributable to operations during such period and shall pay therefrom only those costs and expenses applicable or allocable to such period; the excess, if any, of revenue over applicable or allocable costs and expenses during such period shall be deposited in the treasury of the county to the credit of the general fund. Final adjustment and allocation of gross revenue, costs and expenses to the period during which the county temporarily assumed the obligations of the licensee shall be determined by the auditor of the county.
(e)
Same—Employment of Licensee's Personnel by County. Employees of the licensee may be employed by the county during any period in which the county temporarily assumes the obligations of the licensee under this chapter; provided, however, that the rate of compensation to be paid such employees, or any other employees, shall be the rates in effect at the time the licensee's service was not interrupted by the labor dispute or prior to default.
(f)
License Not Assignable, etc. The license issued hereunder shall not be assignable, either voluntarily or by operation of law. If the licensee shall at any time during the term of his license become insolvent, or if proceedings in bankruptcy shall be instituted by or against the licensee, or if the licensee shall be adjudged bankrupt or insolvent by any court, or if a receiver or trustee in bankruptcy or a receiver of any property of the licensee shall be appointed in any suit or proceeding brought by or against the licensee, or if the licensee shall make an assignment for the benefit of the creditors, then and in each such case the license and the rights and privileges granted thereby shall immediately cease, determine and be forfeited and cancelled without notice and without suit or other proceedings.
(g)
Office, Telephone, etc. The licensee shall establish and maintain an office where service may be applied for and complaints made. Such office shall be equipped with a listed telephone to which calls from county residents in his license area may be placed without payment and shall have a responsible person in charge between the hours of 8:00 a.m. and 5:00 p.m. of each day except Saturdays, Sundays and holidays.
(h)
Maps, Schedules and Other Information To Be Furnished. The licensee shall supply the county with current maps and schedules of collection routes and shall upon request supply county residents with printed information cards containing information regarding amounts of refuse which will be collected, complaint procedures, rates, regulations and days of collection.
(i)
Liability of County for Payment of Service Rates or Charges. Neither the county nor nay of its officers or employees shall be liable for, or in any way responsible for the payments of any service rates or charges due the licensee for performing services to the residents of the county.
(j)
Must Furnish Service. All licensees shall provide refuse pickup service to all residential premises and commercial establishments situated within the area specified in their license should the residential occupant or operator of a commercial establishment request such service; provided that payment for such service is made and such service can be practically rendered.
(k)
Lettering on Trucks. All licensees shall have painted or stenciled on a prominent place on the exterior of each truck used in the collection of refuse the following information in four (4)-inch capital letters:
NAME OF AGENCY OR FIRM OPERATING THE VEHICLE
TELEPHONE NUMBER
(l)
Truck Beds, etc.—Generally. The bodies of trucks used in the collection or transportation of refuse shall have watertight beds of metal or of impervious material which can be cleaned. The beds shall be cleaned and disinfected at least once a day when in use. Licensees shall provide adequate means to prevent refuse from escaping from the truck during collection or transportation.
(m)
Packer-type Trucks. Packer-type completely enclosed trucks shall be used by licensees under this chapter to the fullest possible extent. Other suitable equipment as required by terrain, type of refuse to be hauled or other special conditions may be approved by the director of public works.
(n)
Cleaning and Disinfection of Tanks, Containers, etc. All garbage-conveying tanks and other receptacles shall be cleaned and disinfected, both on the inside and outside thereof, immediately after being used and, at all times, shall be kept free from any garbage on the outside thereof.
(o)
Commitment to Deliver Waste. All licensees shall deliver all refuse and yard debris collected within the county's jurisdiction to county disposal areas or other locations as directed by the director of transportation and public works. For purposes of this Section 22-18(o), the term refuse shall not include source-separated materials (excluding yard debris). Such commitment shall be evidenced by a signed agreement in a form satisfactory to the director of transportation and public works.
(Ord. No. 5679 § 2, 2006; Ord. No. 5150 § 1, 1999; Ord. No. 3079 § 1, 1982: Ord. No. 1069 § 15.)
Sec. 22-19. - Licensees' charges to customers.
(a)
Licensee's charges to customers shall be based on the number of standard containers, quantity and type of refuse, number of separate pickup points, placement or distance of carry-out, frequency of service, terrain, distance from disposal sites and type of refuse; but in all cases an equal price shall be charged for equal service.
(b)
All charges for service by the licensee shall be reasonable and uniform for the same services. Any person contending that he has been required to pay an unreasonable charge for such service may file a written complaint with the director of public works setting forth the facts of such alleged overcharge. The director of public works will notify the licensee of such complaint and shall investigate the matter of the complaint and conduct a noticed hearing to determine the reasonableness of the charges for such service. Appeals from the determination of the director of public works shall be pursuant to subsection (d) of Section 22-20
(c)
All licensees desiring to change rates shall file a request with the director of public works by October 1st of the calendar year preceding the calendar year in which the rate change is desired. The director of public works shall make the recommendation to the board of supervisors which, upon receipt of all information desired may at its own discretion deny or grant permission for a change of rates.
(d)
The board may grant or deny permission for rate changes in addition to those granted in subsection (c) of this section when it finds that the change is necessary.
(e)
In lieu of the provisions of subsection (c) of this section, all licensees desiring to change rates in 1980 shall file a request with the director of public works by October 15, 1979. The director of public works shall make the recommendation to the board of supervisors which, upon receipt of all information desired, may at its own discretion deny or grant permission for a change of rates.
(Ord. No. 2541; Ord. No. 1069 § 17.)
Sec. 22-20. - The administration of licensing.
The administration of the licensing provisions of this chapter shall be the responsibility of the director of public works.
(Ord. No. 4765 § 4, 1994: Ord. No. 1837 § 8.)
(a)
Building contractors, professional gardeners, scavengers, cleanup men or others engaged in the hauling of their own refuse or refuse generated by themselves and disposing of such refuse at a disposal area operated and maintained by the county need not have a license as required by this chapter provided that:
(1)
A fee is not charged for the hauling of refuse; and
(2)
A public or private nuisance is not created.
(b)
Any person, firm or entity that collects and transports materials which are source separated with the intention of diverting these materials from the wastestream for a beneficial use need not have a license as required by this chapter provided that:
(1)
Such materials are not disposed of as a waste at any solid waste facility; and
(2)
All containers similar in appearance to debris boxes used for such materials shall be prominently marked "Recycle" with a minimum of twelve-inch (12″) high letters on at least the widest two (2) sides of such containers; and
(3)
A public or private nuisance is not created.
(c)
This chapter shall not be construed to prevent householders from hauling refuse from their own premises to a legal point of disposal.
(Ord. No. 4572 § 2: Ord. No. 1069 § 19.)
Sec. 22-22. - Assignment or transfer of license—Change in beneficial ownership.
In the event any person desires to acquire by sale, gift or other transfer, any license or the beneficial ownership of any portion of any interest in any entity holding any license, he shall first apply to the director of public works, in writing, in the form prescribed by the director of public works for the consent of the county to said sale, gift or other transfer of said license or said interest in the entity holding said license. Said application shall include the following information:
(a)
The background and identity of all transferees to whom or on whose behalf the transfer is to be affected;
(b)
The source and amount of all funds or other consideration used or to be used in effecting the transfer, and in the event any part of the proposed considerations is to be represented by consideration borrowed or otherwise obtained for the purpose of effecting the transfer, a description of the transaction and the names of the parties thereto;
(c)
Such other information or facts as the director of public works may deem necessary in processing the application;
(d)
A fee of one hundred dollars ($100.00) for filing each application to assign or transfer a license or more than fifteen percent (15%) of the beneficial ownership of any license. A fee of fifty dollars ($50.00) for filing an application to assign or otherwise transfer less than fifteen percent (15%) of the beneficial ownership of any entity holding a license pursuant to this chapter;
(e)
Upon receipt of any such application in proper form, the director shall:
(1)
Cause a copy of such application to be served on all persons holding a license from the county pursuant to this chapter,
(2)
Conduct such investigation as he deems necessary to verify the matters set forth in said application,
(3)
Transmit the application to the board of supervisors for hearing upon completion of his investigation together with his recommendation;
(f)
If the board finds that:
(1)
The terms and conditions of the proposed transactions are just and reasonable, and
(2)
The proposed transaction is consistent with the public's interest, the board shall, by resolution approve and authorize said transaction.
(Ord. No. 1837 § 9.)
Each license shall on or before July 1st of each year inform the director of public works, in writing, of the following:
(1)
Business address and telephone number of licensee.
(2)
Names and addresses of all officers, directors, shareholders, partners or other persons claiming a beneficial ownership of any entity holding a license.
(3)
Such other information as the director of public works may scribe by regulation.
(Ord. No. 1837 § 10.)
FOOTNOTE(S):