25820-25832

GOVERNMENT CODE
SECTION 25820-25832




25820.  The board of supervisors may acquire, construct,
reconstruct, alter, enlarge, maintain, and operate dump sites,
incinerators, and other disposal plants for the disposal of
combustible or noncombustible garbage or rubbish, or both.



25821.  The board may permit the use of any dump site, incinerator,
or other disposal plant, by lease or otherwise, by municipalities or
other governmental agencies.



25822.  The board may acquire by gift, devise, condemnation
proceedings, or otherwise such real and personal property and rights
of way as it deems necessary and proper to the exercise of the powers
set forth in this article, and may pay for and hold such property.




25823.  The board may make and enforce all necessary and proper
regulations for the use of disposal facilities not in conflict with
the Constitution and the laws of the State. The board may collect
compensation from private or public parties for the right to dump or
for the use of any dump site, incinerator, or other disposal plant,
or for the disposal of garbage or rubbish brought to any dump site,
incinerator, or other disposal plant. It may restrict the use of the
facilities to the inhabitants of the county.



25824.  This article does not limit the right of any city or county
to buy, lease, or otherwise acquire and operate a dump site,
incinerator, or other disposal plant in another county for the
disposal of garbage or rubbish.


25825.  The board of supervisors may acquire, construct,
reconstruct, alter, enlarge, lay, renew, replace, maintain, and
operate within or without the county sewers, drains, septic tanks,
sewerage collection and treatment works and other sanitary disposal
systems; and storm water drains and storm water collection and
disposal systems, provided, however, that the full costs thereof
shall be borne by the properties benefited except to the extent that
such costs may be borne by eligible county federal revenue sharing
funds.
   The board may make and enforce all necessary and proper
regulations for the use of sewerage collection, treatment and
disposal facilities not in conflict with the Constitution and the
laws of the state. The board may collect compensation from private or
public parties for the connection to and use of sewerage collection,
treatment and disposal facilities. It may restrict the use of the
facilities to the inhabitants of the county.




25825.5.  (a) The Legislature finds and declares all of the
following:
   (1) There are ongoing discharges to the Los Osos Discharge
Prohibition Zone established in the Water Quality Control Plan for
the Central Coast Basin.
   (2) The agency responsible for eliminating these discharges is the
Los Osos Community Services District, which is a relatively new
agency, formed in 1998.
   (3) The Central Coast Regional Water Quality Control Board has
imposed substantial fines on the Los Osos Community Services District
for failing to make adequate progress toward eliminating these
discharges.
   (4) The Los Osos Community Services District has a relatively
small staff that has no experience of successfully designing and
constructing facilities of the size and type needed to eliminate
these discharges.
   (5) The County of San Luis Obispo has a larger staff that has
experience in successfully designing large public works projects.
   (6) There is an urgent need to protect the public health and
safety by eliminating these discharges and the most feasible
alternative is best accomplished by a temporary realignment of
certain wastewater collection and treatment powers between the Los
Osos Community Services District and the County of San Luis Obispo.
   (7) It is the intent of the Legislature in enacting this section
and amending Section 61105 to authorize the County of San Luis Obispo
to design, construct, and operate a wastewater collection and
treatment project that will eliminate these discharges, particularly
in the prohibition zone, to avoid a wasteful duplication of effort
and funds, and to temporarily prohibit the Los Osos Community
Services District from exercising those powers.
   (b) As used in this section, the following definitions apply:
   (1) "Board" means the Board of Supervisors of the County of San
Luis Obispo.
   (2) "County" means the County of San Luis Obispo.
   (3) "District" means the Los Osos Community Services District,
formed pursuant to the Community Services District Law, Division 3
(commencing with Section 61000) of Title 3, located in San Luis
Obispo County.
   (4) "Prohibition zone" means that territory within the Baywood
Park-Los Osos area of the county that is subject to the wastewater
discharge prohibition imposed by the Central Coast Regional Water
Quality Control Board pursuant to Resolution 83-13.
   (c) The county may undertake any efforts necessary to construct
and operate a community wastewater collection and treatment system to
meet the wastewater collection and treatment needs within the
district. These efforts may include programs and projects for
recharging aquifers, preventing saltwater intrusion, and managing
groundwater resources to the extent that they are related to the
construction and operation of the community wastewater collection and
treatment system. These efforts shall include any services that the
county deems necessary, including, but not be limited to, any
planning, design, engineering, financial analysis, pursuit of grants
to mitigate affordability issues, administrative support, project
management, and environmental review and compliance services. The
county shall not exercise any powers authorized by this section
outside the district.
   (d) Nothing in this section shall affect the district's power to
do any of the following:
   (1) Operate wastewater collection and treatment facilities within
the district that the district was operating on January 1, 2006.
   (2) Provide facilities and services, other than wastewater
collection and treatment.
   (e) To finance the construction and operation of a wastewater
collection and treatment system, the county may levy benefit
assessments consistent with the requirements of Article XIII D of the
California Constitution, pursuant to any of the following:
   (1) The Improvement Act of 1911 (Division 7 (commencing with
Section 5000) of the Streets and Highways Code).
   (2) The Improvement Bond Act of 1915 (Division 10 (commencing with
Section 8500) of the Streets and Highways Code).
   (3) The Municipal Improvement Act of 1913 (Division 12 (commencing
with Section 10000) of the Streets and Highways Code).
   (f) The county may charge standby charges for sewer services,
consistent with the requirements of Article XIII D of the California
Constitution, pursuant to the Uniform Standby Charge Procedures Act
(Chapter 12.4 (commencing with Section 54984) of Part 1 of Division 2
of Title 5).
   (g) The county may impose and collect user fees and charges and
any other sources of revenue permitted by law sufficient to cover the
reasonable costs of any wastewater collection or treatment services
provided pursuant to this section.
   (h) Promptly upon the adoption of a resolution by the board
requesting this action, the board of directors of the district shall
convey to the county any requested retained rights-of-way, licenses,
funds, and permits previously acquired by the district in connection
with construction projects for which the district awarded contracts
in 2005. The county shall use those fee interests, rights-of-way,
licenses, and funds for the purpose of furthering the construction
and operation of a wastewater collection and treatment system
pursuant to this section.
   (i) After the approval of a benefit assessment, the board shall
complete a due diligence review before deciding to proceed with the
construction and operation of a wastewater collection and treatment
system. The board shall consider any relevant factors, including, but
not limited to, the prompt availability of reasonable and sufficient
financing, the status of enforcement actions, the successful
development of reasonable project technology and location options,
the availability of any necessary permits and other approvals, and
the absence of other significant impediments. At the completion of
this due diligence review, the board shall adopt a resolution
declaring its intention to proceed or not proceed with the
construction and operation of the wastewater collection and treatment
system.
   (j) Collection of assessments may not commence until the adoption
of the resolution to proceed pursuant to subdivision (i).
   (k) The county shall have no power or responsibility to construct
and operate a wastewater collection and treatment system pursuant to
this section and the district shall resume that power and
responsibility when any of the following occurs:
   (1) If the board adopts a resolution not to hold a benefit
assessment election pursuant to subdivision (e).
   (2) If there is a majority protest to a benefit assessment
proposed by the county, on the date of the resolution adopted by the
board determining that the majority protest exists.
   (3) If there is not a majority protest, but the board adopts a
resolution, pursuant to subdivision (i), which declares that the
county will no longer exercise its powers pursuant to this section,
on the date specified in the board's resolution.
   (4) If the county constructs and operates a wastewater collection
and treatment system pursuant to this section, not less than three
years after the operation of the system commences, the board and the
board of directors of the district shall mutually apply to the
Central Coast Regional Water Quality Control Board for a modification
of the waste discharge permit, requesting permission to transfer of
the responsibility to operate the wastewater collection and treatment
system from the county to the district. Consistent with that
modification, the board shall adopt a resolution that specifies the
date on which the county will no longer exercise its powers pursuant
to this section.
   (l) When the power and responsibility to construct and operate a
wastewater collection and treatment system transfers from the county
to the district pursuant to subdivision (k), the county shall do all
of the following:
   (1) Promptly convey to the district any remaining retained fee
interests in any real property, rights-of-way, licenses, other
interests in real property, funds, and other personal property that
the county previously acquired pursuant to subdivision (h).
   (2) Promptly convey to the district the wastewater collection and
treatment system that the county constructed pursuant to this
section.
   (3) Continue to collect any necessary assessments and use them to
repay any indebtedness incurred by the county to finance the
construction of the wastewater collection and treatment system
pursuant to this section.
   (4) The county shall cease collecting any benefit assessments
after repayment of any indebtedness incurred by the county to finance
the construction of the wastewater collection and treatment system.
   (m) Nothing in this section shall be construed as imposing upon
the county any liability for any district decisions or actions, or
failures to act, or imposing upon the county any liability for any
decisions or actions, or failures to act, by any district officers,
employees, or agents. In addition, nothing in this section shall be
construed as imposing upon the county any liability for any prior or
subsequent district liabilities, whether liquidated or contingent, or
any prior or subsequent liabilities of district officers, employees,
or agents, whether liquidated or contingent.



25826.  The board of supervisors may fix and collect a fee from each
camper or party of two or more campers for the privilege of using
for camping purposes, any land owned by the State, the county, or any
land owned by any city or the United States, to the extent that it
has jurisdiction over that land for the purpose of levying such a
fee. City-owned land located in the county within which the city is
situated and regularly established city-owned camps having sanitary
facilities are not subject to the provisions of this section. Money
so collected shall be used solely for sanitary measures in the area
and to acquire, construct, reconstruct, alter, enlarge, repair,
operate and maintain sanitary facilities therein for campers.
   The board of supervisors may enter into a cooperative agreement
with the United States or any agency thereof for the purpose of
carrying out the provisions of this section.



25827.  (a) The board of supervisors of each county may collect or
contract for the collection, or both, of garbage, waste, refuse,
rubbish, offal, trimmings, or other refuse matter under such terms
and conditions as may be prescribed by the board of supervisors by
resolution or ordinance. For such purposes the board of supervisors
may either levy a yearly tax on property within the unincorporated
area of the county or impose a reasonable charge against the real
property benefited for the services provided. The tax or charge shall
not be applicable to property within existing garbage disposal
districts.
   (b) If the county provides compulsory collection service, a
resolution or ordinance adopted pursuant to this section shall
provide for reduced charges, rebates, or exemptions for properties
that do not require regular collection service. The resolution or
ordinance shall exempt undeveloped property from compulsory service.



25828.  If services are provided, or arranged for, by a county
pursuant to Section 25827, or pursuant to Section 40059 of the Public
Resources Code, and the service is compulsory or provided at the
request of the property owner, the cost of service that remains
unpaid for a period of 60 or more days after the close of the period
for which it was billed may be collected by the county as provided in
this section.
   (a)  At least once a year, the board of supervisors shall cause to
be prepared a report of delinquent charges. Upon receipt of the
report, the board shall fix a time, date, and place for hearing the
report and any protests or objections to the report.
   (b) The board shall cause notice of the hearing to be mailed to
the owners of property listed on the report not less than 10 days
prior to the date of the hearing.
   (c) At the hearing, the board shall hear any objections or
protests of property owners liable to be assessed for delinquent
charges. The board may make revisions or corrections to the report as
it deems just, after which, by resolution, the report shall be
confirmed.
   (d) The delinquent charges set forth in the report as confirmed
shall constitute special assessments against the respective parcels
of land and are a lien on the property for the amount of the
delinquent charges. A certified copy of the confirmed report shall be
filed with the county auditor, on or before August 10, for the
amounts of the respective assessments against the respective parcels
of land as they appear on the current assessment roll. The lien
created attaches upon recordation in the office of the county
recorder of the county in which the property is situated of a
certified copy of the resolution of confirmation. The assessment may
be collected at the same time and in the same manner as ordinary
county ad valorem taxes are collected and shall be subject to the
same penalties and the same procedure and sale in case of delinquency
as provided for those taxes. All laws applicable to the levy,
collection, and enforcement of county ad valorem taxes shall be
applicable to the assessment, except that if any real property to
which the lien would attach has been transferred or conveyed to a
bona fide purchaser for value, or if a lien of a bona fide
encumbrancer for value has been created and attaches thereon, prior
to the date on which the first installment of the taxes would become
delinquent, then the lien that would otherwise be imposed by this
section shall not attach to the real property and the delinquent
charges, as confirmed, relating to the property shall be transferred
to the unsecured roll for collection.



25829.  The San Mateo County Board of Supervisors may acquire,
construct, reconstruct, alter, enlarge, lay, renew, replace,
maintain, and operate dump sites, incinerators, garbage disposal
systems, sewers, drains, septic tanks, sewerage collection, outfall
and treatment works and other sanitary disposal systems, and storm
water drains and storm water collection, outfall and disposal systems
for the disposal of combustible or noncombustible garbage or
rubbish, for the treatment and disposal of sewage or storm waters, or
any of them.
   The board may make and enforce all necessary and proper
regulations for the use of disposal facilities not in conflict with
the Constitution and the laws of the state. The board may collect
compensation from private or public parties for the right to dump or
for the use of any dump site, incinerator, or other disposal plant,
or system or for the disposal of garbage, rubbish, sewerage or storm
waters brought to any dump site, incinerator, or other disposal
plant. It may restrict the use of the facilities to the inhabitants
of the county.
   This article does not limit the right of the county to buy, lease,
or otherwise acquire and operate a dump site, incinerator or other
disposal plant or system in another county for the disposal of
garbage, rubbish, sewerage or storm waters.



25830.  (a) On or before the first day of July of each calendar
year, the board of supervisors of any county may, by resolution or
ordinance, establish a schedule of fees to be imposed on land within
the unincorporated area of the county and incorporated areas of the
county where cities do not provide their own waste disposal sites,
revenue from the fees to be used for the acquisition, operation, and
maintenance of county waste disposal sites and for financing waste
collection, processing, reclamation, and disposal services, where
those services are provided. In establishing the schedule of fees,
the board of supervisors shall classify the land based upon the
various uses to which the land is put, the volume of waste occurring
from the different land uses and any other factors that the board
determines would reasonably relate the waste disposal fee to the land
upon which it would be imposed. Fees imposed within the incorporated
and unincorporated areas shall be uniform. Prior to imposing fees
within an incorporated area, the board of supervisors shall obtain
the consent of the legislative body of the city to impose the fees.
   (b) The board shall set a reasonable fee for each category
established and divide the land according to categories and
ownership; provided, however, that the board shall establish
categories of land for which:
   (1) No services are provided and no fee required.
   (2) Services are provided and no fee required.
   (c) The board shall determine eligibility for inclusion in these
categories, upon application, on a case-by-case basis. The board
shall impose the appropriate fee upon each division of land and
provide for the billing and collection of the fees. The fees may be
established, billed, and collected on a monthly or yearly basis, and
may be billed and collected by the county tax collector as part of
the regular county tax billing system.



25831.  Any fees authorized pursuant to Section 25830, or pursuant
to Section 40059 of the Public Resources Code, that remain unpaid for
a period of 60 or more days after the date upon which they were
billed may be collected thereafter by the county as provided in this
section.
   (a)  At least once a year, the board of supervisors shall cause to
be prepared a report of delinquent fees. The board shall fix a time,
date, and place for hearing the report and any objections or
protests to the report.
   (b) The board shall cause notice of the hearing to be mailed to
the landowners listed on the report not less than 10 days prior to
the date of the hearing.
   (c) At the hearing, the board shall hear any objections or
protests of landowners liable to be assessed for delinquent fees. The
board may make revisions or corrections to the report as it deems
just, after which, by resolution, the report shall be confirmed.
   (d) The delinquent fees set forth in the report as confirmed, or
the list prepared pursuant to subdivision (e), shall constitute
special assessments against the respective parcels of land and are a
lien on the property for the amount of the delinquent fees. A
certified copy of the confirmed report, or the list prepared pursuant
to subdivision (e), shall be filed with the county auditor for the
amounts of the respective assessments against the respective parcels
of land as they appear on the current assessment roll. The lien
created attaches upon recordation, in the office of the county
recorder of the county in which the property is situated, of a
certified copy of the resolution of confirmation or the list prepared
pursuant to subdivision (e). The assessment may be collected at the
same time and in the same manner as ordinary county ad valorem
property taxes are collected and shall be subject to the same
penalties and the same procedure and sale in case of delinquency as
provided for those taxes. All laws applicable to the levy,
collection, and enforcement of county ad valorem property taxes shall
be applicable to the assessment, except that if any real property to
which the lien would attach has been transferred or conveyed to a
bona fide purchaser for value, or if a lien of a bona fide
encumbrancer for value has been created and attaches thereon, prior
to the date on which the first installment of the taxes would become
delinquent, then the lien that would otherwise be imposed by this
section shall not attach to the real property and the delinquent
fees, as confirmed, relating to the property shall be transferred to
the unsecured roll for collection.
   (e) The requirements of subdivisions (a), (b), and (c) may be
waived only if the county has adopted an alternative administrative
procedure that allows property owners to appeal the solid waste fee
and property owners are notified of their right to appeal. A list of
delinquent fees shall be prepared showing the assessments of each
respective parcel and shall be filed with the auditor.



25832.  Notwithstanding any other provision of law, solid waste
handling service provided by, or arranged for provision by, a county
under Section 25827 or 25830, or under Section 40059 of the Public
Resources Code, is not a public utility within the meaning of Section
10001 of the Public Utilities Code.