Frequently Asked Questions About Ordinance 2009-01

Whom does the ordinance apply to?

All Solid Waste Enterprises operating in Alameda County. However, some Solid Waste Enterprises subject to the Ordinance are not required, in some instances, to report or remit any facility fee payments to us, as described below.

What is a Solid Waste Enterprise?

“Solid Waste Enterprise” means any government agency, individual, partnership, joint venture, unincorporated private organization or private corporation that collects, transports, transfers, processes or disposes of Solid Waste originating in Alameda County that is eventually Deposited In Landfills.

What is the definition of Solid Waste under Ordinance 2009-01?

The definition of Solid Waste in Ordinance 2009-01 is identical to that in California Public Resources Code Section 40191:

40191 (a) Except as provided in subdivision (b), "solid waste" means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes.

(b) “Solid waste" does not include any of the following wastes:

(1) Hazardous waste, as defined in Section 40141.
(2) Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division104 of the Health and Safety Code).
(3) Medical waste regulated pursuant to the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to this division.

My business is reporting/remitting Facility fees for solid waste disposal at an out-of-Alameda County landfill. To whom should I send our monthly report?

Send your reports/remittance to:

Alameda County Waste Management Authority
Facility Fee Reporting
1537 Webster Street
Oakland, CA 94612

Make Checks payable to: Alameda County Waste Management Authority
Please write: Facility Fee for __ (month) and __ (year) in the Memo line.

How much is the facility fee?

The Facility Fee is $4.34 per ton of Solid Waste originating in Alameda County and deposited in a landfill within the State of California.

If I’m required to report and remit fees, how often must I do that?

Your must provide the required information for each calendar month, no later than the 15th of the following month.

Do I need to report even if I had no out-of-county disposal the previous month?

No, only report and remit for months that fees are due.

What do I need to report?

Reporting forms are available for PDF download:

Form 2010-01(a) should be used by Solid Waste Enterprises to report monthly on solid or other waste originating in Alameda County that is deposited in landfill outside of Alameda County.
Form 2009-01(b) should be filled out and submitted to the Alameda County Waste Management Authority to certify under penalty of perjury that your business does not handle solid waste originating in Alameda County that is eventually deposited in landfills outside of Alameda County.

You may report in another format, if you like, but your reports must include the information specified in Section 7 of Ordinance 2009-01.

When did the Facility Fee become effective?

By authorization of the Alameda County Waste Management Authority Board through Resolution 2009-03 the $4.34 Facility Fee was effective January 15, 2010 on all tons of Solid Waste deposited in landfill.

How far back must I report and remit fees?

Section 7(c) of the Ordinance grants the Executive Director authority to waive the deadline for reporting based on good cause. The Executive Director granted a 60 day extension to all businesses that came into compliance by April 15th. Monthly reports and remittance of fees are now due from March 1, 2010 for those businesses that come into compliance within 30 days of first notification. Otherwise, reporting and fee remittance are enforceable from January 15, 2010, forward on individuals and businesses remaining out of compliance.

What if I fail to report or remit fees?

You are subject to penalties. Violations of the requirements of Ordinance 2009-01 are punishable by fine: up to $500 for the first violation, up to $750 for a second violation and up to $1,000 per violation thereafter. Each Ordinance requirement violated is a separate violation for each day on which a violation of the requirement occurs.

What if I deliver Solid Waste to a composting or recycling facility and don’t know how much of it eventually ends up in landfills?

You must obtain a written statement from the receiving facility about the percentage of materials you deliver to them that is eventually deposited in a landfill. An average for their entire facility, including not just the materials you deliver but everything they handle, will usually be adequate.

I'm a Solid Waste Enterprise operating in Alameda County and deposit Solid Waste at the Vasco Road, Altamont or Tri-Cities landfill. Do I need to submit reporting forms and pay the facility fee?

No. These landfills report directly to us. The facility fee is included in the price you pay these landfills.

I’m a Solid Waste Enterprise operating in Alameda County and deposit Solid Waste at a Transfer Station or recycling center in Alameda County (for example, the City of Berkeley Transfer Station on Gilman Street; the Davis Street Transfer Station in San Leandro; the BLT Transfer Station in Fremont; or the Pleasanton Garbage Service (PGS) Transfer Station in Pleasanton). Do I need to submit reporting forms and pay the facility fee?

No. These Solid Waste Facilities report directly to us. The facility fee is included in the price you pay these facilities.

I’m a Solid Waste Enterprise in Alameda County and deliver Solid Waste to a landfill, a transfer station, a recycling center, or a composting facility outside of Alameda County. Do I need to submit reporting forms and pay the facility fee?

Yes, the reporting and fee remittance requirements apply to your business. The fee, however, is only on Solid Waste that is eventually deposited in landfills, not on all the Solid Waste you deliver to facilities outside the County.

I collect, haul, or process Solid Waste from Alameda County and recycle almost all of it, and only deposit or send a little to facilities outside of Alameda County. Do I need to submit reporting forms and pay the facility fee?

Yes, the reporting and fee remittance requirements apply to your business. Even if the fee remittance is very small, we need to know how much Solid Waste from Alameda County eventually ends up in landfills. However, you are only required to report and pay fees on materials you transport to facilities outside the County.

I transport biosolids (sewage sludge), contaminated soils, clean soil, or clean concrete, originating in Alameda County and deposit in a landfill in Alameda County. Do I need to submit reporting forms and pay the facility fee?

No.

I transport biosolids (sewage sludge), contaminated soil, clean soil, or clean concrete originating in Alameda County and deposit in a landfill outside of Alameda County. Do I need to submit reporting forms and pay the facility fee?

Yes, if the waste was transported and deposited in landfill before December 31, 2012, the reporting and fee remittance requirements apply to your business.

However, if transported and deposited in landfill outside of Alameda County on or after January 1, 2013 the $4.34 Facility Fee no longer applies to that material (other waste). Regardless, monthly reporting requirements still apply for tracking the above listed materials.

I transport bio-solids (sewage sludge), clean soil, or clean concrete originating in Alameda County and apply it to land or use it as fill (but not in a landfill) outside of Alameda County but in accordance with local and State permit requirements for these activities. Do I need to submit reports and remit the facility fee?

No.

I have other questions about Ordinance 2009-01, whom do I contact?

Contact Matt Southworth or Elese Lebsack at tonnagefees@stopwaste.org or (510) 891-6505 or (510) 891-6528.