4.76.490 - Solid waste disposal facilities.
A. For the purposes of this section, "solid waste disposal facility" means any facility or location where disposal of solid waste occurs. "Solid waste disposal facility" does not include a facility utilized to receive solid wastes for the purpose of recycling, separation or other processing of the materials in the solid wastes, or for the purpose of transferring the solid wastes directly from smaller to larger vehicles for transport, where the permanent disposal of solid wastes on the site does not occur.
B. For the purposes of this section, "solid waste facilities permit" means a permit issued for the operation of a solid waste facility pursuant to California Government Code Section 66796.30 et seq.
C. For the purposes of this section, solid waste disposal facilities shall be categorized as follows:
1. Category A solid waste disposal facility is a facility which, pursuant to its solid waste facilities permit, is permitted to accept garbage, as defined in Chapter 9.08 of this Code, for disposal on site.
2. Category B solid waste disposal facility is a facility which, pursuant to its solid waste facilities permit, is permitted to accept only nonhazardous solid wastes, other than garbage, for disposal on site.
D. Beginning July 1, 1989, every person engaged in the business of operating a solid waste disposal facility shall pay a monthly business tax as follows:
1. For operators of category A solid waste disposal facilities, the tax rate shall be three dollars per ton of solid waste accepted at the facility site during the month for which the tax is paid.
2. For operators of category B solid waste disposal facilities, the tax rate shall be two dollars and ten cents per ton of solid waste accepted at the facility site during the month for which the tax is paid.
E. Except as provided in Subsection F. below, the solid waste facility operator shall weigh all solid waste, including that which is recyclable, accepted at the solid waste disposal facility. The waste shall be weighed at a scale which is certified annually by the Santa Clara County Agricultural Commissioner/Sealer of Weights and Measures. Proof of annual certification shall be submitted to the director of the city department designated by the city manager.
F. Wastes which are brought to the solid waste facility in small loads need not be weighed by the solid waste facility operator in cases where the weighing of such wastes would impede or interfere with the efficient operation of the solid waste disposal facility. The operator shall report to the director the number of small loads accepted at the solid waste facility during the month for which the business tax is paid and the volume (in cubic yards) of waste in each small load, and shall include such wastes in the calculation of the tax at two hundred fifty pounds per small load. For the purposes of this section, "small load" shall mean a delivery of waste in an amount less than or equal to one ton.
G. A solid waste disposal facility operator who performs recycling processing of solid waste at the solid waste disposal facility may, in accordance with this subsection, subtract from the quantity of solid waste subject to the business tax under Subsection D. above, the number of tons of recycled materials that have been processed at the facility during the month for which the tax is paid.
1. Where the solid waste disposal facility includes a certified recycling processing area separate from the solid waste disposal area, the quantity of solid waste accepted at the facility and taken directly to the certified recycling processing area may be subtracted from the quantity of solid waste subject to the tax. Residues from a certified recycling processing area shall be weighed prior to disposal at the disposal area and the quantity of residues disposed of shall be subject to the tax. No solid waste disposal facility operator shall subtract any wastes taken to the recycling processing area from the quantity subject to the tax unless the recycling processing area has been certified by the director of the city department designated by the city manager in accordance with rules and regulations promulgated by said director.
2. Where the operation of the solid waste disposal facility includes salvaging recyclable material from the solid wastes taken to the disposal area of the facility, the quantity of salvaged materials that are shipped off site may be subtracted from the quantity of solid waste subject to the tax. For the purposes of this section, "salvaging" shall mean the controlled removal of waste material from the solid waste taken to the disposal area of the facility where such removal is for the purpose of recycling the removed waste material.
H. The solid waste disposal facility operator may subtract from the quantity of solid waste subject to the business tax under Subsection D. above: (1) the number of tons of cover material that originates from any location off site, and (2) the number of tons of inert construction material that originates from any location off site. For the purposes of this section:
1. "Cover material" means soils or other material suitable for use in covering compacted solid wastes in a solid waste disposal facility which the facility operator uses on site for cover purposes.
2. "Inert construction material" means inert material such as rock, concrete, asphalt and dirt which is used for on-site construction purposes such as internal roads and tipping or dumping pads.
I. The solid waste disposal facility operator shall submit to the city, at the same time as such operator remits payment of the tax imposed by this section, a statement, together with supporting documentation, specifying for the month for which the tax is paid:
1. The total tonnage of solid waste accepted at the facility;
2. The total tonnage of solid waste accepted at the facility and taken directly to a certified recycling processing area;
3. The total tonnage of material salvaged from the solid wastes accepted at the facility;
4. The total tonnage of recycled material shipped off site; and
5. The total tonnage of cover material and inert construction material that originated from any location off site and was accepted at the facility.
J. The solid waste disposal facility operator shall keep and maintain at the local office of the solid waste facility all records relating to any and all wastes received at or disposed of on the facility site, including but not limited to weight receipts for solid wastes accepted at the facility and weight receipts for recycled materials shipped off site. Such records shall be kept and maintained for not less than three years from the date such wastes were received or disposed of. All records pertaining to the tonnages of solid wastes accepted at the facility site, tonnages of recycled materials shipped off site, and tonnages of cover and inert construction material used on site shall be available for inspection by the director, the director of the city department designated by the city manager, the city auditor, the city attorney and their designees, upon written notice to the solid waste disposal facility operator.
(Measure G (Ord. 2016.2), adopted by electorate, 12-13-16)
