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INTERNAL OPERATIONS COMMITTEE

Meeting Date:	04/13/2015
Subject: WASTE HAULER ORDINANCE
Submitted For:	William Walker, M.D.
Department:	Health Services
Referral No.:	IOC 15/8
Referral Name:	Waste Hauler Ordinance
Presenter:	Marilyn Underwood	Contact:	Marilyn Underwood (925) 692-2521

Information

Referral History:

On May 8, 2012, the Board of Supervisors referred to the Internal Operations Committee a review of the Waster Hauler Ordinance in order to address a number of problems with illegal haulers including:

complaints that illegal haulers have been hired by private parties to remove refuse, and some of these companies have subsequently dumped the collected material along roadways and on vacant lots.
incidents in which the Sheriff's Department found refuse haulers with improperly secured loads, which pose a hazard to motorists if items fall onto roadways.
haulers that have been found transporting the collected materials to illegal transfer stations that have not undergone the required zoning, environmental, and permitting review, and pose significant threats to public health and the environment.
haulers that have been found collecting residential or commercial garbage in violation of local franchise agreements.
haulers that are not posting the bond required by Contra Costa County Ordinance Section 418-2.006. This bond is intended to ensure compliance with applicable laws. It is questionable if illegal haulers carry liability insurance, and they may not be in compliance with tax or labor laws.

The Internal Operations Committee held several discussions on this matter over the last two years, during which substantial work and progress were noted. The IOC requested Environmental Health staff to work with the County Counsel to develop a final draft ordinance for circulation to stakeholders for comment, and then for consideration by the IOC.

In September 2015, Environmental Health asked to suspend work on the waste hauler ordinance so that priority could be given to the updating of Environmental Health fees. Ordinance No. 2014-12, which authorizes the collection of a plan review fee for plan review and inspection of food facilities and swimming pools, was adopted by the Board of Supervisors on December 2, 2015, allowing work to resume on the waste hauler ordinance.

In a December 2014 status report to the IOC, Environmental Health staff reported that they had met with County Counsel and DCD Solid Waste/Recycling staff to discuss issues raised by the proposed waste hauler ordinance, including the interplay between the proposal and existing agreements with franchise waste haulers. Each franchise agreement is unique and must be examined to determine the extent to which it might conflict with the County's proposal. This examination, which may necessitate meetings with the franchisees and the waste authorities to clarify and resolve any such conflicts, must be completed before staff can recommend a draft ordinance for Committee consideration.

Referral Update:

Attached is an update from Environmental Health on the status of the examination of the County's franchise agreements for conflicts with the proposal to further regulate waste hauling with a new ordinance.

Recommendation(s)/Next Step(s):

ACCEPT report on the status of the development of a waste hauler ordinance.

Fiscal Impact (if any):

None.

Attachments
Status Update from Environmental Health Div on Development of a Waste Hauler Ordinance