PART 8. GARBAGE AND REFUSE DISPOSAL [49000. - 49620.]

Part 8 added by Stats. 1989, Ch. 1095, Sec. 22.

§§ 49000–49620 · 94 sections

CHAPTER 1. Garbage Disposal Districts §§ 49000–49050 · 22 sections
1. ARTICLE 1. Definitions § 49000 · 1 section
  - § 49000 “District,” as used in this chapter, means a district formed pursuant to this chapter or pursuant to any law which it supersedes.
2. ARTICLE 2. Formation §§ 49005–49017 · 13 sections
  - § 49005 Any portion or portions of a county, whether contiguous or noncontiguous, and whether the portion or portions include incorporated or unincorporated territory,…
  - § 49006 (a) The board of supervisors may determine, by resolution, that a portion of the county is in need of facilities for the disposal of garbage and should be…
  - § 49007 The notice shall state the fact that the board of supervisors has fixed the time and place, which shall be stated in the notice, for a hearing on the matter of…
  - § 49008 The notice shall describe the territory or shall specify the exterior boundaries of the territory proposed to be organized into a district. So far as…
  - § 49009 At any time prior to the time fixed for a hearing of the matter, any person interested may file with the clerk of the board written objections to the formation…
  - § 49010 At the conclusion of the hearing, the board of supervisors shall either adopt an order abandoning the creation of the proposed district or shall, by…
  - § 49011 Election precincts shall be established by the board of supervisors, and election boards composed of one inspector, one judge, and one clerk shall be named. At…
  - § 49012 (a) Within five days after the district formation election has been called, the board of supervisors shall transmit, by registered mail, a written notification…
  - § 49013 (a) The board of supervisors or any member or members of the board authorized by the board, or any individual voter or bona fide association of citizens…
  - § 49014 (a) If more than one argument for or more than one argument against the proposed district formation is filed with the election officials within the time…
  - § 49015 (a) The officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to be printed…
  - § 49016 If at the election a majority of all those voting upon the question of creation of the district, and a majority of those voting thereon in each city is in…
  - § 49017 (a) A district may be formed for the exclusive purpose of providing, maintaining, and operating a garbage and refuse disposal site. In forming a district for…
3. ARTICLE 3. Administration §§ 49018–49020 · 3 sections
  - § 49018 The board of supervisors is the governing body of the district and may do any or all of the following: (a) Make and enforce all rules and regulations necessary…
  - § 49019 (a) The board of supervisors may enter into contracts for the disposal of garbage and other refuse matter. Whenever the board enters into, or renews such a…
  - § 49020 If an emergency occasioned by default of a contractor or other circumstances which would be detrimental to the public health, safety, or welfare of the…
4. ARTICLE 4. Taxation §§ 49030–49032 · 3 sections
  - § 49030 The board of supervisors shall levy a tax each year upon the taxable property in the district sufficient to defray the cost of the disposal of garbage and…
  - § 49031 For any district in a county with a population of six million or more, the board of supervisors may prescribe and collect garbage and refuse collection and…
  - § 49032 (a) Prior to adoption of the initial ordinances prescribing the fees provided for in Section 49031, the board of supervisors shall place before the voters of…
5. ARTICLE 5. Claims § 49040 · 1 section
  - § 49040 All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division…
6. ARTICLE 6. Annexation § 49050 · 1 section
  - § 49050 The boundaries of any district may be altered, and outlying districts or territory, whether incorporated or unincorporated, and whether contiguous or…
CHAPTER 2. Garbage and Refuse Disposal Districts §§ 49100–49195 · 46 sections
1. ARTICLE 1. Definitions § 49100 · 1 section
  - § 49100 “District,” as used in this chapter, means a district formed pursuant to this chapter or pursuant to any law which it supersedes.
2. ARTICLE 2. Formation §§ 49110–49118 · 9 sections
  - § 49110 Any contiguous portion or portions of a county, whether the portion or portions include incorporated or unincorporated territory, may be formed into a garbage…
  - § 49111 (a) The board of supervisors may determine, by resolution, that a portion of the county is in need of a site for the disposal of garbage and refuse and should…
  - § 49112 The notice shall state the fact that the board of supervisors has fixed the time and place, which shall be stated in the notice, for a hearing on the matter of…
  - § 49113 The notice shall describe the territory, or shall specify the exterior boundaries of the territory, proposed to be organized into a district.
  - § 49114 At any time prior to the time fixed for a hearing on the matter, any person interested may file with the clerk of the board of supervisors written objections…
  - § 49115 At the final hearing the board of supervisors shall make those changes in the proposed boundaries that are advisable and shall define and establish the…
  - § 49116 If, from the testimony given before the board of supervisors, it appears to the board of supervisors that the public necessity or welfare requires the…
  - § 49117 The county clerk shall immediately file for record in the office of the county recorder of the county in which the land embraced in the district is situated,…
  - § 49118 No district shall be formed under this chapter after October 1, 1961.
3. ARTICLE 3. Board of Directors §§ 49120–49123 · 4 sections
  - § 49120 (a) Within 30 days after the filing with the Secretary of State of the certified copy of the order of formation, a governing board of trustees for the district…
  - § 49121 Any governing body authorized by Section 49120 to appoint a member to the district board may make the appointment from its own members.
  - § 49122 The members of the district board in office on September 15, 1961, shall, as soon as practicable thereafter, so classify themselves, by lot, that a majority of…
  - § 49123 (a) A member of a district board may be reimbursed, subject to Sections 53232.2 and 53232.3 of the Government Code, for actual and necessary expenses incurred…
4. ARTICLE 4. Powers and Duties §§ 49130–49131 · 2 sections
  - § 49130 The district board may do all of the following: (a) Make and enforce all rules and regulations necessary for the administration and government of the district…
  - § 49131 The district board may designate any depository for the custody of any or all the money collected or received for district purposes pursuant to Article 2…
5. ARTICLE 5. Taxation §§ 49140–49144 · 5 sections
  - § 49140 At least 15 days before the first day of the month in which the board of supervisors of the county in which the district is situated is required by law to levy…
  - § 49141 The district board may also include in its estimate prepared pursuant to Section 49140 an unappropriated reserve to cover expenditures that have not been…
  - § 49142 The board of supervisors of the county in which the district is situated shall, at the time of levying county taxes, levy a tax to be known as the “____…
  - § 49143 For purposes of the district, the board of supervisors shall levy a tax of not more than fifteen cents ($0.15) on each one hundred dollars ($100) of taxable…
  - § 49144 The district board may establish and maintain a cash-basis fund for the purpose of defraying district expenses between the beginning of a fiscal year and the…
6. ARTICLE 6. Claims § 49150 · 1 section
  - § 49150 All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division…
7. ARTICLE 7. Bonds §§ 49160–49181 · 22 sections
  - § 49160 No general obligation bonds shall be issued by the district unless the issuance thereof is approved by the electors of the district at a special election as…
  - § 49161 The resolution shall state all of the following: (a) The general objectives and purposes for which it is proposed to incur an indebtedness. (b) A general…
  - § 49162 For purposes of the bond election, the district board may consolidate into one precinct several precincts established for general election purposes and…
  - § 49163 An election board consisting of one inspector, one judge and one clerk shall be appointed by the district board for each precinct.
  - § 49164 Only voters registered in the district are eligible to vote at the bond election.
  - § 49165 A resolution calling the election shall be published once a week for three successive weeks in a newspaper having a general circulation in the district and…
  - § 49166 If two-thirds of the votes cast are in favor of incurring the bonded indebtedness as proposed, bonds of the district for the amount stated in the resolution…
  - § 49167 The validity of the bonds after their issuance shall not be questioned in any court except on the ground that the provisions of this chapter authorizing their…
  - § 49168 The district board shall prescribe, by resolution, the form of the bonds and interest coupons. The bonds shall be payable at the times and at a place to be…
  - § 49169 The bonds shall be issued in the denominations that the district board determines, except that no bond shall be of a denomination less than one hundred dollars…
  - § 49170 The bonds shall be signed by the chairperson of the district board and countersigned by the county auditor, and the seal of the district board shall be…
  - § 49171 If any officer whose signature or countersignature appears on the bonds ceases to be an officer before the delivery of the bonds to the purchaser, his or her…
  - § 49172 The district board may issue and sell bonds of the district at not less than par value, and the proceeds shall be placed in the treasury of the county.
  - § 49173 All premiums and accrued interest received shall be paid into the fund to be used for the payment of principal of, and interest on, the bonds and the remainder…
  - § 49174 (a) The funds in the construction fund shall be applied exclusively to the purposes and objects mentioned in the resolution calling the bond election. (b)…
  - § 49175 If the proposition of issuing bonds submitted at the bond election fails to receive the requisite number of votes, the district board may, after expiration of…
  - § 49176 If bonds have been issued by the district and the proceeds of the sale have been expended and the district board, by resolution passed by a vote of two-thirds…
  - § 49177 Bonds and interest thereon shall be paid by revenue derived from an annual tax upon the property in the district, and all the property in the district shall be…
  - § 49178 (a) An issue of bonds is hereby defined to be the aggregate principal amount of all of the bonds authorized to be issued in accordance with a proposal…
  - § 49179 Whenever a district has issued bonds, in its annual statement to the board of supervisors as to the amount of money needed for district purposes during the…
  - § 49180 If the district board fails to furnish to the board of supervisors a statement of the amount of money necessary to pay the principal of, and interest on, the…
  - § 49181 The principal of, and interest on, the bonds shall be paid by the treasurer of the county in the manner prescribed by law for the principal of, and interest…
8. ARTICLE 8. Revenue Bonds § 49190 · 1 section
  - § 49190 A district formed pursuant to this chapter is a local agency within the meaning of the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of…
9. ARTICLE 9. Change of Boundaries § 49195 · 1 section
  - § 49195 The boundaries of any district may be altered, and outlying contiguous territory, whether incorporated or unincorporated, may be annexed pursuant to the…
CHAPTER 3. Franchise by Counties §§ 49200–49205 · 6 sections
- § 49200 Every franchise or permit for the collection, disposal, or destruction, or any combination thereof, of garbage, waste, offal, and debris, shall be granted by…
- § 49201 (a) Any county may, by resolution adopted by the board of supervisors, call for bids for the granting of a franchise or permit, exclusive or otherwise, for the…
- § 49202 The successful bidder shall file with the board of supervisors, upon grant of the franchise or permit, a bond in favor of the county in an amount and under the…
- § 49203 The county may, in the resolution and advertised notice, impose terms and conditions other than those specified in this chapter if they are not in conflict…
- § 49204 A bidder may in his or her franchise or permit bid set forth any propositions, terms, and conditions that the bidder may desire to offer, or receive the…
- § 49205 The board of supervisors which, prior to July 1, 1980, adopted an ordinance governing the granting of franchises or permits for the collection, disposal, or…
CHAPTER 4. City Garbage Disposal Contracts § 49300 · 1 section
- § 49300 The legislative body of a city may contract for the collection or disposal, or both, of garbage, waste, refuse, rubbish, offal, trimmings, or other refuse…
CHAPTER 5. Garbage and Refuse Dumps § 49400 · 1 section
- § 49400 No city, county, district, or public or municipal corporation shall acquire and operate, or cause to be acquired and operated, a dump or site for the disposal…
CHAPTER 6. Solid Waste Enterprises §§ 49500–49524 · 14 sections
1. ARTICLE 1. Definitions §§ 49500–49505 · 8 sections
  - § 49500 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
  - § 49501 “Exclusive solid waste handling services” means any action by a local agency, whether by franchise, contract, license, permit, or otherwise, whereby the agency…
  - § 49501.3 “Lawfully provided” means the services of the solid waste enterprise are in substantial compliance with the terms and conditions of its franchise, contract,…
  - § 49501.5 “License” means a solid waste license issued by a local agency or a business license issued by a local agency if the local agency has not established any other…
  - § 49502 “Local agency” means any county, city, or district having the authority to provide solid waste handling services either by the agency itself or by authorizing…
  - § 49503 “Solid waste” means all putrescible and nonputrescible solid and semisolid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes,…
  - § 49504 “Solid waste enterprise” means any individual, partnership, joint venture, unincorporated private organization, or private corporation regularly engaged in the…
  - § 49505 “Solid waste handling services” means the collection, transportation, storage, transfer, or processing of solid wastes for residential, commercial,…
2. ARTICLE 2. Legislative Findings § 49510 · 1 section
  - § 49510 The Legislature finds and declares as follows: (a) Although local agencies are authorized to furnish solid waste handling services, in extensive parts of the…
3. ARTICLE 3. Continuation of Services §§ 49520–49524 · 5 sections
  - § 49520 If a local agency has authorized, by franchise, contract, license, or permit, a solid waste enterprise to provide solid waste handling services and those…
  - § 49521 A solid waste enterprise providing continuation solid waste handling services pursuant to Section 49520 is subject to the following conditions: (a) The…
  - § 49522 Nothing in this chapter affects the right of a city following annexation to terminate for cause a franchise, contract, license, or permit held by a solid waste…
  - § 49523 Any local agency or solid waste handling enterprise may contract, upon mutually satisfactory terms, for the termination of all or any part of the business of…
  - § 49524 Notwithstanding Section 49523, a solid waste enterprise may not waive the right to continue to provide solid waste handling services as provided in this…
CHAPTER 7. Burning Garbage §§ 49600–49620 · 4 sections
1. ARTICLE 1. General Provisions §§ 49600–49602 · 3 sections
  - § 49600 No person shall operate in any city or town any crematory for the destruction by fire heat of garbage, ashes, offal, or other refuse matter, except as provided…
  - § 49601 No crematory described in Section 49600 shall be operated in this state except in a manner which will prevent the propagation of disease through contamination…
  - § 49602 Every person who burns by fire heat or destroys by cremation any garbage, ashes, offal, or other refuse matter in violation of this article is guilty of a…
2. ARTICLE 2. Cremation of Animal Refuse § 49620 · 1 section
  - § 49620 Any person who destroys, or who attempts to destroy, the carcass of any dead animal, or the offal from any slaughter pen, corral, or butcher shop by fire…