Sec. 22-1. - Definitions.

The following definitions shall apply within this chapter:

"Approved disposal facility" means a disposal site which has been issued approval for the landfill disposal of solid waste by the local enforcement agency. Such approval may be in the form of a solid waste facility permit or an exemption letter issued pursuant to state law. All solid waste operations and activities, regardless of whether they are subject to a solid waste facility permit or exemption, are subject to all applicable land use restrictions and regulations.

"Approved non-disposal facility" means solid waste facilities such as transfer/processing stations and composting facilities which have been issued approval for the management of solid waste by the local enforcement agency. Such approval may be in the form of a solid waste facility permit or an exemption letter issued pursuant to state law. All solid waste operations and activities, regardless of whether they are subject to a solid waste facility permit or exemption, are subject to all applicable land use restrictions and regulations.

"Board" means the board of supervisors of the county of Sonoma.

"Container" means any heavy plastic or galvanized metal box, can, barrel, bin or similar type of container used for the accumulation of refuse and/or recyclables.

"Corrugated cardboard" means and includes without limitation, those packaging and packing materials produced from paper fiber that are commonly referred to as corrugated cardboard that is suitable for recycling.

"County" means the unincorporated area of the county of Sonoma.

"Debris" means rubbish resulting from construction, demolition or alteration of any building or structure, including, but not limited to, sheetrock, rebar, concrete, brick, mortar, wood and glass.

"Debris box" means any container utilized solely for the accumulation of debris.

"Director of public works" or "director of transportation and public works" mean the director of the department of transportation and public works of the county of Sonoma.

"Garbage" means all putrescible wastes and all animal or vegetable refuse or residue that results from food preparation, or any decayed or unsound meat, fish, fruit or vegetable.

"Licensee" means a person or business entity that has been issued a license pursuant to this chapter by the board to collect and haul refuse for hire.

"Local enforcement agency" means the county of Sonoma department of health services, environmental health division, which has been so designated by the board and certified by the California Integrated Waste Management Board.

"Nuisance," as used in this chapter, means any activity that meets the following criteria: (1) is injurious to human health or is indecent or offensive to the senses and interferes with the comfortable enjoyment of life or property; (2) affects an entire community or neighborhood or a considerable number of persons; and (3) occurs as a result of the storage, removal, transport, processing or disposal of solid waste in violation of this chapter.

"Multi-unit premises" means commercial or residential buildings containing two or more tenancy units. The term includes, but is not limited to, mobile home parks, apartment buildings and business parks.

"Recyclables" means salvaged materials that otherwise would become solid waste but may be used as inputs for new, reused or reconstituted products. Recyclable materials such as paper items, glass, metal and plastic household containers include, but are not limited to the following items: newspapers, magazines, junk mail, office paper, cardboard, phone books, paper bags, aluminum, tin cans, aerosol cans, plastic and glass containers and aseptic packaging.

"Refuse" means garbage, rubbish and debris, excepting sludges and hazardous waste as defined in federal and state statutes.

"Rubbish" means nonputrescible wastes, including but not limited to, unusable, unwanted or discarded material resulting from normal community or business activities, including any rubbish having any salvage value; provided, however, rubbish shall not include discarded appliances, furniture, bulky items which cannot and will not be readily placed in a standard container and materials generated by the owner and held by the owner to be salvaged.

"Scrap metal" means and includes ferrous and nonferrous metal scrap and other discarded metal items or materials that are suitable for recycling.

"Solid waste" means all putrescible and non-putrescible solid and semisolid wastes, accumulated or delivered for collection and disposal within the county, including refuse; ashes; industrial waste; tires; manure; vegetable or animal solid and sem-solid waste; and other discarded solid or semi-solid wastes. "Solid waste" does not include hazardous waste or radioactive wastes regulated under California Health and Safety Code section 114960 et seq. or medical wastes regulated under California Health and Safety Code section 11760 et seq.

"Sludge" or "biosolids" means the residual solids and semi-solids from the treatment of water, wastewater and other liquids. It does not include the effluent discharged from such treatment processes.

"Source-separated materials" means discarded materials separated from the owner's mixed solid waste at the source with the intention of diversion for a beneficial use. Such materials include, but are not limited to, wood, metal, glass, plastic, cardboard, office paper and yard debris.

"Standard container" means a watertight can with a close-fitting cover, side bail handles, which has a storage capacity ranging between twenty (20) gallons and ninety-six (96) gallons.

"Wood debris" includes, without limitation, dimensional lumber, pallets, shipping dunnage and similar discarded wood materials that are acceptable for reuse and/or recycling.

"Yard debris" means and includes those materials generated during the maintenance and upkeep of lawns, gardens and other landscaped areas. Specific materials include, but are not limited to, leaves, grass clippings, pine needles, hedge and tree trimmings (maximum 30 inches in diameter), and other similar vegetative material.

(Ord. No. 5679 § 2, 2006: Ord. No. 5363 § 1, 2002; Ord. No. 4810 § 1, 1994; Ord. No. 4765 § 2, 1994; Ord. No. 4572 § 1, 1992; Ord. No. 3079; Ord. No. 1837 § 1.)

Sec. 22-2. - Storage and disposal generally.

(a)

Refuse Containers Required. All persons occupying or maintaining any premises within the county where refuse is created, produced or accumulated shall maintain sufficient standard containers for receiving and holding all refuse which is produced, created or accumulated on such premises.

(b)

Multi-unit Premises—Recyclables Containers Required. Managers or owners of multi-unit premises where recyclables may be accumulated shall maintain sufficient containers for receiving and holding all recyclables which are produced, created or accumulated on such premises. Such containers may be provided by the licensee. Managers or owners may apply to the director of transportation and public works for an exemption to this subsection.

(c)

Number and Size of Containers. The containers for refuse and recyclables shall be of sufficient size and adequate number to contain without overflowing all of the refuse and recyclables that are generated on the premises during the designated removal period.

(d)

Weight of Containers. Licensees may refuse to pick up containers if the weight of the containers' contents would jeopardize the licensees' equipment or the health of the licensees' employees.

(e)

Unlawful Accumulations. No person shall accumulate solid waste in any amount that creates a nuisance. Garbage shall not be allowed to remain on the premises for more than seven (7) days.

(f)

County Approved Disposal or Non-Disposal Facilities. The board shall provide approved disposal or non-disposal facilities for the management of refuse collected within the county. The board may, by resolution, establish regulations governing the use of approved disposal and non-disposal facilities. The board reserves the authority and right to establish, by resolution, a schedule of fees for the disposal of refuse and the acceptance of recyclables at any approved disposal or non-disposal facility owned or maintained by the county.

(g)

Design Review. The design of any new, substantially remodeled or expanded building or other facility shall provide for proper storage and disposal of refuse and recyclables generated on the premise during the designated removal period. The design shall be submitted for approval to the permit and resource management department and shall meet all applicable regulations. This subsection shall not apply to one (1) or two (2) family dwellings.

(1)

Refuse and recycling container areas shall be adequate to be serviced by commercial mechanical loading trucks.

(2)

Commercial buildings with fifteen thousand (15,000) square feet of floor space or greater, and multiple housing units with seven (7) or more bedrooms, or any facility generating or anticipated to generate one (1) cubic yard or more refuse per week, shall provide sufficient container area(s) to house the number and size of containers required. Container areas shall not be less than ten feet (10′) wide, seven and one-half feet deep and six feet (6′) high.

(3)

Gates, if installed on the container area, shall be double doors, opening at the center and level with the access road.

(4)

Access roads shall provide all weather access and be capable of supporting refuse collection vehicle weight. Access roads shall have a minimum width of twelve feet (12′).

(5)

A turn around for the collection vehicle shall be provided in the immediate vicinity of the container area. The turn around area shall not be less than a thirty-two (32′) radius.

(6)

Overhangs, wiring or other obstructions on the approach to the container area must be at least thirteen feet six inches (13′6″) high and at least sixteen feet (16′) high directly over the container area.

(7)

The containers for refuse and recyclables shall be of sufficient size and adequate number to contain without overflowing all of the refuse and recyclables that are generated on the premises during the designated removal period.

(h)

Where the licensee furnishes storage containers, he or she is responsible for maintaining the containers in good condition unless they are furnished under other terms, conditions or agreements. Storage containers shall be placed to minimize traffic, aesthetic and other problems, both on the property and for the general public.

(Ord. No. 5679 § 2, 2006: Ord. No. 3079; Ord. No. 1069 § 2.)

Sec. 22-3. - Littering generally. ^[126]

(a)

Generally. No person shall throw or deposit, or cause to be thrown or deposited, any solid waste upon any premises whatsoever except at an approved disposal or non-disposal facility or in a manner that is otherwise authorized by federal, state and local laws.

(b)

State Law Relative to Littering. The attention of all persons is directed to Section 374 of the Penal Code and other provisions of the laws of the state prohibiting the littering of public highways.

(Ord. No. 1069 § 3.)

Sec. 22-4. - Burning refuse. ^[127]

The burning of refuse or any other offensive odor-producing materials may be done only in accordance with the appropriate requirements of any governmental agency having jurisdiction, including the department of emergency services, local fire districts, the Northern Sonoma County air pollution control district and the Bay Area air quality management district.

(Ord. No. 5679 § 2, 2006: Ord. No. 1069 § 4.)

Sec. 22-5. - Ownership of refuse.

All refuse, upon being removed by a licensee from the premises where produced or accumulated, shall become and be the property of the licensee; upon this material being delivered to a disposal area, it shall forthwith become the property of the county.

(Ord. No. 1069 § 5.)

Sec. 22-6. - Transporting of solid waste.

(a)

Spill Prevention. No person shall transport solid waste or biosolids over any public highway unless such solid waste or biosolids are contained in such a manner as to prevent dropping or spilling upon the highway.

(b)

Fire Prevention. No person shall transport recently burned solid waste.

(Ord. No. 5679 § 2, 2006: Ord. No. 3079; Ord. No. 1069 § 14.)

Sec. 22-7. - Foreign refuse—Scavenging at disposal areas.

(a)

No person shall dispose of any refuse that is generated outside the county at any disposal area within Sonoma County, except as otherwise authorized in this chapter and state and federal laws.

(1)

Organic wastes and sludges may be imported and used as soil amendments if specifically permitted by a resolution of the board and a valid land use permit.

(2)

Nonhazardous geothermal drilling wastes may be imported and disposed of in permitted or exempted Sonoma County geothermal area disposal facilities if specifically permitted by a resolution of the board. A solid waste facility permit exemption also must be obtained from the local enforcement agency pursuant to state law.

(3)

Other foreign refuse may be disposed of at approved disposal facilities if specifically permitted by a resolution of the board.

(b)

No person shall engage in any scavenging activities at any disposal area unless specifically permitted by a resolution of the board.

(Ord. No. 5769 § 2, 2006; Ord. No. 4765 § 3, 1994: Ord. No. 4594 § 1, 1992: Ord. No. 3819; Ord. No. 2874; Ord. No. 1069.)

Sec. 22-7A. - Prohibition against disposing recyclable materials.

No person shall dispose of any of the following recyclable materials at any disposal area within Sonoma County:

(1)

Tires, whether shredded or not; provided, however, that if the public works director determines that tires cannot be recycled for a specific time period, then the director may permit the disposal of tires at any disposal area for that time period;

(2)

Major appliances, including but not limited to: refrigerators, freezers, air-conditioners, washing machines, clothes dryers, hot water heaters, dehumidifiers, conventional and microwave ovens, stoves, trash compactors and residential furnaces; provided, however, that large appliances cannot be recycled for a specified time period, then the director may permit the disposal of large appliances at any disposal area for that time period;

(3)

Yard debris or wood debris; provided however, that if the public works director determines that yard debris or wood debris cannot be recycled for a specific time period, then the director may permit the disposal of yard debris or wood debris at any disposal area for that time period;

(4)

Corrugated cardboard; provided however, that if the public works director determines that corrugated cardboard cannot be recycled for a specific time period, then the director may permit the disposal of corrugated cardboard at any disposal area for that time period;

(5)

Scrap metal; provided however, that if the public works director determines that scrap metal cannot be recycled for a specific time period, then the director may permit the disposal of scrap metal at any disposal area for that time period.

(Ord. 5679 § 2, 2006; Ord. No. 5363 § 2, 2002: Ord. No. 4810 § 2, 1994: Ord. No. 4574 § 1, 1992: Ord. No. 4370 § 1, 1991.)

Sec. 22-8. - Vehicle permits.

(a)

No person shall use any vehicle for collecting, hauling or transporting solid waste or biosolids on any public highway within the county without first obtaining a vehicle permit from the local enforcement agency; except that no permit shall be required for:

(1)

Persons hauling less than one-half cubic yard or ninety (90) gallons per week of garbage from their own residences or businesses;

(2)

The hauling of debris or rubbish;

(3)

Vehicles traveling through the county without collecting or disposing of solid waste or biosolids in the county.

(b)

The board reserves the authority and right to establish by resolution, a fee for each vehicle proposed to be used to haul solid waste or biosolids to defray the costs to the county in the administration of this chapter. Each person or business entity proposing to haul solid waste or biosolids pursuant to this chapter shall file with the local enforcement agency in writing, on a form furnished, a permit application which demonstrates that each vehicle is durable, easily cleanable, designed for safe handling and constructed to prevent spilling. If the local enforcement agency determines that the proposed vehicle meets this criteria, the local enforcement agency shall issue a vehicle permit and assign a permit number to each vehicle. The applicant shall affix the permit number to each vehicle proposed to be used in the location prescribed.

(c)

Vehicle permits may be canceled, revoked or suspended if the local enforcement agency finds that the vehicles used or proposed to be used are not durable, easily cleanable, designed for safe handling, constructed to prevent spilling , or otherwise violate the provisions of this chapter.

(d)

Inspection of Equipment. Equipment used for solid waste collection and transportation shall be made available for inspection as requested by the local enforcement agency for certification that the equipment conforms to the regulations of this chapter and other applicable laws and regulations.

(e)

Equipment Required in Vehicles. Each vehicle hauling solid waste or biosolids in the county under permit shall carry a shovel, broom, spill absorbent and a fire extinguisher.

(f)

Maximum Time Trucks May Remain Loaded. Permitted vehicles shall not be left loaded with solid waste or biosolids for over a twenty-four (24) hour period.

(g)

Lettering on Permitted Vehicles. All permitted vehicles shall have painted or stenciled on a prominent place on the exterior of each vehicle the following information in four (4″) inch capital letters:

NAME OF AGENCY OR FIRM OPERATING THE VEHICLE

TELEPHONE NUMBER

(Ord. No. 5679 § 2, 2007: Ord. No. 3079; Ord. No. 1837 § 2.)