Chapter 1
SOLID WASTE MANAGEMENTlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54959
5-1-1: PURPOSE, SCOPE AND SHORT TITLE:
5-1-2: SOLID WASTE DEPARTMENT:
5-1-3: REGULATIONS:
5-1-4: APPLICATION FOR SOLID WASTE DISPOSAL:
5-1-5: GENERAL USE REGULATIONS:
5-1-6: COLLECTION POINTS:
5-1-7: PREPARATION OF SOLID WASTE:
5-1-8: MATERIALS PROHIBITED FROM BEING MIXED WITH SOLID WASTE:
5-1-9: LARGE CONTAINERS:
5-1-10: DISPOSAL AND/OR DEMOLITION OF BUILDING MATERIALS:
5-1-11: COLLECTION AND DISPOSAL:
5-1-12: COLLECTOR:
5-1-13: TRANSPORTATION:
5-1-14: DUMPING ON PROPERTY OF ANOTHER:
5-1-15: BURNING OF GREEN WASTE:
5-1-16: DISTRICT PROPERTY:
5-1-17: INDUSTRIAL WASTE:
5-1-18: DISTRICT REMOVAL; CHARGES:
5-1-19: ENFORCEMENT AND COLLECTION REMEDIES:
5-1-20: CHARGES:
5-1-21: PENALTY:
5-1-22: CAPITAL RESERVE FUND:

5-1-1: PURPOSE, SCOPE AND SHORT TITLE:linklink


This chapter is enacted for the purpose of providing rules and regulations for the collection and control of solid waste within the district and shall be referred to as the SOLID WASTE MANAGEMENT CODE. (Ord. 09-230, 1-8-2009)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54959#s508891
5-1-2: SOLID WASTE DEPARTMENT:linklink


A. Creation: A solid waste department is hereby created for the collection and disposal of solid waste within the district.


B. Performance Of Duties: The duties of the solid waste department may be performed by existing district employees in addition to their other duties, or by any additional employee or employees.

1. Inspections: The general manager or his designee shall periodically inspect the district to see that all users within the district are in compliance with the provisions of this chapter, to note any violations of any of the provisions of this chapter and to promptly address any violations of any of the provisions of this chapter.

2. Billing: District office personnel shall compute, prepare, and mail bills as hereinafter described, make and deposit collections, maintain proper books of account, collect, account for and refund deposits, do whatever else is necessary to set up and maintain an efficient and economical bookkeeping system, and perform any other duties now or hereafter prescribed by the board of directors. (Ord. 09-230, 1-8-2009)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54959#s508892
5-1-3: REGULATIONS:linklink

It shall be unlawful for any person using a lot or parcel within the district, serviced by a district water installation, to construct, cause construction, either permanently or temporarily occupy, or lease for occupancy, the lot or parcel except as herein provided. (Ord. 09-230, 1-8-2009)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54959#s508893
5-1-4: APPLICATION FOR SOLID WASTE DISPOSAL:linklink


A. Application Requirement: Application for solid waste disposal shall be mandatory for all improved parcels, and initiated upon completion of the application and contract for utility service requesting water service.


B. Undertaking Of Applicant: The application for solid waste disposal service shall signify the user's willingness and intention to comply with this chapter and other ordinances or regulations relating to solid waste disposal and to make payment for such solid waste service. (Ord. 09-230, 1-8-2009)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54959#s508894
5-1-5: GENERAL USE REGULATIONS:linklink


A. Accumulation: It is unlawful for any person to permit the accumulation of solid waste to become or remain offensive, unsightly, or unsafe to public health or hazardous from fire, or to deposit, keep, or accumulate, or permit or cause any solid waste to be deposited, kept, burned, or accumulated upon any lot or parcel of land, or any public or private place, street, lane, alley or driveway.


B. Required Solid Waste Containers: Every person shall at all places or premises in the district maintain sufficient solid waste containers or stationary refuse compactors in good repair and strength to hold all solid waste created, produced, or accumulated on the place or premises, in a screened or enclosed location approved by the environmental control committee (ECC) of Bear Valley Springs Association.

1. Number Of Containers: A sufficient number of containers shall mean:

a. Multiple lodging and dwelling structures, restaurants, and all other places and premises, including commercial establishments: Detachable bin boxes of capacity and number required by the district, but where not used, a minimum of one standard container per unit.

b. The district may require detachable bin boxes for condominiums, subdivisions, or other similar dwelling complexes, but in the absence of such requirements, a minimum of one standard container per unit.

c. If any place, premises, or use of property accumulates or generates twelve (12) or more cubic yards of solid waste per day, the district may require the occupant to provide and install a stationary compactor and dropoff box of sufficient capacity to hold accumulated solid waste as determined by the district.

d. New or remodeled construction shall have minimally a three (3) yard or a forty (40) yard container as determined by the district, in order to contain all construction waste material.

2. Container Maintenance: When not being filled or emptied, all containers shall be kept tightly closed, and it is unlawful for any person not authorized to do so to open such containers to collect or to scatter the solid waste stored therein. (Ord. 09-230, 1-8-2009)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54959#s508895
5-1-6: COLLECTION POINTS:linklink


A. Disposal Locations: For disposal purposes, every person shall transport and deposit his solid waste in the roll-off bins located at the transfer station at 28999 S. Lower Valley Road, west of the district office. Green waste is to be deposited in a separate designated area adjacent to the transfer station. Horse manure is to be deposited in a separate designated area adjacent to the green waste disposal area.


B. Rules And Regulations For Collection And Removal: The district shall make such rules and regulations not inconsistent with the provisions of this chapter as may be necessary, reasonable, and proper to effect the expeditious, economical, and efficient collection and removal of solid waste. The determination of the district shall be conclusive.


C. Vehicles Authorized To Enter Solid Waste Transfer Station: Only vehicles displaying a current Bear Valley CSD windshield decal are permitted to enter the solid waste transfer station. Commercial vehicles (gardening service, etc.) must have a manifest to be produced upon request before entering the solid waste transfer station clearly stating the material to be deposited and the street address source of the material. In no case will commercial vehicles carrying building materials be permitted to enter the solid waste transfer station. (Ord. 09-230, 1-8-2009)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54959#s508896
5-1-7: PREPARATION OF SOLID WASTE:linklink

For the convenience of the public, the protection of the collector, and efficient handling, all solid waste shall be placed in solid waste containers unless otherwise provided for in this section. It shall be kept free of all liquids and further prepared in the following manner:


A. Garbage: Garbage is to be securely wrapped and placed in either a standard container or detachable bin box. Garbage is prohibited from the green waste disposal area or the horse manure disposal area.


B. Diapers, Human Excrement, Animal Excrement: Human excrement, animal excrement (except horse manure) and all types of disposable diapers must be disposed of in a trash bag or sealed container.


C. Household Ashes: Household ashes must be thoroughly cold by the day of deposit and placed in the ash receptacle provided for by the district and located at a designated location.


D. Boxes, Cartons: Items such as cardboard cartons, wooden boxes, or large cans should be filled with solid waste or crushed before being placed in the solid waste container for disposal.


E. Green Waste: Green waste may be deposited at the green waste disposal area. Green waste may be retained on private property provided that the accumulation of green waste does not present a fire hazard or other health hazard.


F. Horse Manure: Horse manure may be deposited at the horse manure disposal area. Horse manure may not be deposited at the green waste disposal area nor mixed with other rubbish. Horse manure may be retained on private property provided that the accumulation of horse manure does not present a fire hazard, a health hazard or an endangerment to ground water.


G. Hypodermic Syringes And Needles: Hypodermic syringes and needles can be disposed of by placing them within a can or bottle, sealing the can or bottle and identifying the contents on the outside of the container. Alternatively, containers for this specific purpose are available at the district office. (Ord. 09-230, 1-8-2009)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54959#s508897
5-1-8: MATERIALS PROHIBITED FROM BEING MIXED WITH SOLID WASTE:linklink

No battery acid, poisonous, caustic or toxic material or other substance capable of damaging clothing or causing injury to the person, corrosive or explosive material or substance, or residue containing acids or dangerous or destructive chemicals, shall be mixed or placed in any solid waste which is to be collected by the district. (Ord. 09-230, 1-8-2009)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54959#s508898
5-1-9: LARGE CONTAINERS:linklink

When solid waste containers are required on site for either temporary or permanent service, the user is to arrange for service directly with the vendor. (Ord. 09-230, 1-8-2009)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54959#s508899
5-1-10: DISPOSAL AND/OR DEMOLITION OF BUILDING MATERIALS:linklink


A. Construction/Demolition Defined: As used in this section, "construction/demolition" is defined as follows:

1. New construction of a building assembled on site.

2. New construction of a prebuilt building.

3. Any addition to existing structures.

4. Any demolition of an existing building.

5. Any replacement of roofing material.


B. Bin Box: Any person desiring to construct or demolish, or cause construction of or demolition of, any structure on a lot or parcel within the district shall, as a part of the application for and the undertaking required by sections 5-1-3 and 5-1-4 of this chapter, have a "detachable bin box" as defined in section 1-3-2 of this code, and which shall be regularly collected from the lot or parcel upon which the construction or demolition is to occur, for the purpose of disposal of "building materials" as such materials are defined by section 1-3-2 of this code.


C. Solid Waste: All solid waste generated by construction or demolition of any structure shall be deposited in the detachable bin box required to be located at the construction site. Such material is prohibited from being transported to the solid waste transfer station or deposited therein. For the purpose of this section, solid waste includes green waste and other debris incident to grading or clearing property for the purpose of construction or demolition. (Ord. 09-230, 1-8-2009)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54959#s508900
5-1-11: COLLECTION AND DISPOSAL:linklink

It is unlawful for any person to collect, remove, or dispose of, or to enter into an agreement to collect, remove, or dispose of, or to allow the collection, removal, or disposal of solid waste unless such person making such collection, removal, or disposal is the "collector" as defined in section 1-3-2 of this code. (Ord. 09-230, 1-8-2009)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54959#s508901
5-1-12: COLLECTOR:linklink

Any person in the district authorized as a collector shall collect solid waste as required by the district. All solid waste accumulated shall be deposited in the solid waste container where located by the district. (Ord. 09-230, 1-8-2009)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54959#s508902
5-1-13: TRANSPORTATION:linklink


A. Vehicle Requirements: Transportation of all solid waste by an authorized collector shall be in vehicles so constructed and equipped so that the solid waste cannot be blown, sifted through, nor allowed to fall or leak upon any street, lane, alley, or driveway. All such containers, vehicle bodies, and compartments must be kept clean at all times. (Ord. 09-230, 1-8-2009)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54959#s508903
5-1-14: DUMPING ON PROPERTY OF ANOTHER:linklink

It is unlawful, except with the consent of the district, to collect, dump or deposit any solid waste upon any property located within the district belonging to another, either with or without the consent of the owner thereof; and it is unlawful to establish or maintain a place for dumping solid waste in the district, or to collect, receive or dump any solid waste on one's own property, except such solid waste as shall reasonably accumulate upon such property in the reasonable and lawful use thereof without the consent of the district. (Ord. 09-230, 1-8-2009)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54959#s508904
5-1-15: BURNING OF GREEN WASTE:linklink

It is unlawful at any time for any person, including a collector, except by Kern County fire department permit, to burn any green waste within the district except at the designated or approved areas, and then only in accordance with the rules and regulations governing the use of these areas. (Ord. 09-230, 1-8-2009)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54959#s508905
5-1-16: DISTRICT PROPERTY:linklink

All solid waste shall become the property of the district upon the authorized collection thereof as herein provided. (Ord. 09-230, 1-8-2009)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54959#s508906
5-1-17: INDUSTRIAL WASTE:linklink

Users in the district shall be responsible for the proper collection and removal of industrial waste from their premises. The district shall determine what is and what is not industrial waste. (Ord. 09-230, 1-8-2009)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54959#s508907
5-1-18: DISTRICT REMOVAL; CHARGES:linklink

Upon request, the district may, but need not, collect and remove industrial waste, building materials, and any other matter not provided for herein, from premises. When the district performs such service, the charges shall be at the rate established by resolution of the board of directors, plus actual expenses. (Ord. 09-230, 1-8-2009)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54959#s508908
5-1-19: ENFORCEMENT AND COLLECTION REMEDIES:linklink

The district shall supervise the removal of all solid waste by the collector and shall enforce the provisions of this chapter. This district shall have the right to inspect any and all premises for the purpose of determining whether the provisions of this chapter are being observed. (Ord. 09-230, 1-8-2009)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54959#s508909
5-1-20: CHARGES:linklink

All users of improved parcels shall pay a monthly charge for solid waste disposal at the district's solid waste transfer station. The charge for solid waste disposal service shall be established by resolution of the board of directors. The charge will be billed with the water bill and billing and collection will follow the procedures outlined in title 7, chapter 2 of this code. (Ord. 09-230, 1-8-2009)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54959#s508910
5-1-21: PENALTY:linklink

Any person violating any of the provisions of this chapter or wilfully and knowingly refusing to comply with the rules, regulations, and determinations of the district shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished according to section 1-4-1 of this code. (Ord. 09-230, 1-8-2009)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54959#s508911
5-1-22: CAPITAL RESERVE FUND:linklink


A. Purpose: This section establishes a dedicated solid waste capital reserve fund.


B. Findings: The board of directors finds, determines, and declares that the district solid waste transfer station must be maintained in peak operating condition at all times. Replacement of components of the solid waste transfer station over and above regular maintenance will become necessary in the near future. To prepare for this eventuality, adequate reserves must be accumulated and accounted for separately.


C. Fund Established:

1. The district hereby establishes the solid waste capital reserve fund for expansion, major repair or replacement of the solid waste transfer station. The district shall deposit an amount equal to seven percent (7%) of the solid waste fund's annual operating budget each year for ten (10) years beginning in fiscal year 2000-2001. All interest earned on deposits to the reserve fund are part of the reserve fund.

2. The district may use monies deposited in the reserve fund to pay for expansion, major repair or replacement of the solid waste transfer station. The district shall replace any monies expended from the reserve fund by deposit at a minimum rate of ten percent (10%) of the expended amount each year.

3. Funds shall be maintained consistent with the requirements of Government Code section 61112. (Ord. 09-230, 1-8-2009)


http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=54959#s508912