A.
All persons engaged in the business of transporting
and disposing of solid waste, special bulky waste, rubble or oversized
waste and hazardous waste shall obtain a license to do so, issued
by the Director. Each license issued by the Director shall set forth
the licensed or approved solid waste facility that must be utilized
by the licensee for the disposal of solid waste or other waste which
requires the approval of the Director to transport or dispose of.
The Director, in determining which licensed or approved solid waste
facility shall be approved for a licensee, shall consider, but shall
not be limited to, the following criteria:
(1)
Traffic volume and flow on public highways which must
be used from the point of the last collection point to the solid waste
facility.
(2)
Capacity and structural characteristics of public
highways that will be utilized to reach a solid waste facility from
the last point of collection.
(3)
The extent and adverse impact of air pollution and
ambient noise levels along such public highways and in the vicinity
of the solid waste facility.
(4)
Energy savings to a licensee.
(5)
Overall conformity to the goals and objectives of
the county-wide solid waste disposal plan as established by the Director
and as such plan may, from time to time, be amended.
C.
All applicants for licenses must conform to all applicable
provisions of this Part 1.
D.
The Director may issue special licenses for transporting
or disposing of solid waste on a onetime use basis.
E.
All applicants for special licenses shall conform
to all special requirements that may be established for the issuance
of that special license, in addition to all applicable provisions
of this Part 1.
F.
All licenses are nontransferable.
G.
All licenses shall expire one year from date of issue
unless otherwise stated on the license or revoked sooner for just
cause.
H.
Conditional licenses may be issued for periods not
to exceed five years if necessary for insurance or bonding requirements.
Such conditional licenses shall be subject to annual review and renewal.
I.
License renewal applications shall be filed a minimum
of 30 days prior to the expiration date of the license. An extension
of time not to exceed 90 days may be granted by request, in writing,
on business letterhead, showing just reason for the request and submitted
to the Director.
J.
Renewal licenses shall be issued upon compliance with
all standards and requirements established for a license in the first
instance hereunder.
K.
All applicants for a solid waste hauling license must
file with the Director their daily and/or weekly boundaries of collection
service area(s); type(s) of solid waste handled in each service area,
e.g., residential, commercial, industrial, etc.; and equipment inventory,
including description, make, year, model and description, and shall
revise the same annually upon license renewal.
M.
All renovations, improvements and expansions to solid
waste facilities shall require a separate license and shall be considered
as a new installation for the first year of operation. Thereafter,
it shall be covered under the same license as the original facility
with a suitable adjustment in the license fee.
N.
In the event of an emergency or a vehicle breakdown,
a spare vehicle, not under license, may be substituted for the licensed
vehicle. The temporary vehicle shall be registered at the solid waste
facility site. A temporary license will be granted by the Department
upon furnishing the idential information required for the licensed
vehicle. The temporary license shall be granted for a period not to
exceed 30 days and must be turned in upon the return of the original
vehicle to service.
A.
All vehicles and containers used to haul, transport or dispose of solid waste, special wastes, special bulky wastes and rubble or oversized bulky waste shall be subject to inspection by the Department for compliance with the provisions of § 347-13B of this Part 1. These inspections are in addition to and are not intended to duplicate the requirements of the State Motor Vehicle Law and shall be made at the solid waste facility site.
B.
All solid waste facilities shall be inspected semiannually
or at more frequent intervals by the Director for compliance with
this Part 1.
C.
All vehicles, containers and solid waste facilities
shall be inspected prior to the issuance of the initial license.
D.
Current inspection certificates for all vehicles and
containers shall be maintained at the operating center of the vehicle
owner or operator.
E.
A current inspection certificate issued by the Director
shall be maintained and displayed on the premises of all solid waste
facilities.
F.
All items of noncompliance shall be corrected within 10 working days in the case of vehicles or within seven working days in the case of a solid waste facility. A licensee may submit proof to the Director that an item of noncompliance has been corrected or submit to the provisions of Subsection G below. A variance may be requested pursuant to § 347-24 of this Part 1.
G.
A reinspection is required in the event of noncompliance
with any applicable provision of this Part 1 unless the proof submitted
to the Director to cure such noncompliance is satisfactory to the
Director, in which case the Director shall advise the licensee a reinspection
is not required.
A.
Application fees.
(1)
The application for a license shall be accompanied
by an application fee which shall equal 10% of the first year's total
license fee, but shall not exceed $100.
(2)
The application fee shall be considered as a partial
payment of the license fee.
(3)
No fee will be required with license renewal applications.
C.
Solid waste facility license fees.
(1)
The annual license fee shall be based upon the type,
capacity and use of each facility.
(2)
The license shall not be less than $25 nor exceed
$1,000 for the first year nor exceed $500 for each subsequent year.
(3)
The license fee to construct, establish, maintain
or operate a transfer station shall be $0.25 per hundred tons, annual
rated capacity.
(4)
The license fee to construct, establish, maintain
or operate any other solid waste facility shall be $0.50 per hundred
tons, annual rated capacity.
D.
Reinspection fees.
(1)
No additional fees will be charged for the semiannual
inspections or for the first reinspection required.
(2)
No additional fees will be charged for any inspections
in addition to the required inspections which may be made by the Director
to ensure the effective administration of this Part 1.
(3)
If a second or subsequent inspection is deemed necessary
by the Director, a reinspection fee of $25 per vehicle inspected will
be charged for each such inspection or additional reinspection required
to ensure the correction of violations.
(4)
If a second or subsequent inspection is deemed necessary
by the Director, a reinspection fee of $25 will be charged for each
such inspection or additional reinspection required of a solid waste
facility to ensure the correction of violations.
E.
The payment of application and license fees shall
not be required if the applicant is a municipality or a governmental
agency.
F.
The fee for a license issued for less than a full
year shall be prorated for the balance of the year remaining from
the effective date of such license.
A.
B.
As proof of compliance, a certificate or certificates
of insurance shall be filed with the Director before the license becomes
effective.
C.
The certificate or certificates of insurance shall
provide that the Director be furnished written notice a minimum of
10 days prior to any cancellation or material change in the policies
specified thereon.
