The Director shall be the licensing and registration authority
for refuse collectors and vehicles and containers. The Director shall
grant a license within a reasonable time following the filing of a
proper application with supporting data, posting of a proper bond
and payment of the prescribed fees, unless he finds one or more of
the following conditions to prevail:
A.
The applicant has been irresponsible in the conduct of refuse collection
and hauling operations based upon previous suspensions and/or revocations
of licenses.
B.
The applicant lacks suitable equipment with which to collect refuse
in a safe and nuisance-free manner and in compliance with this chapter.
Each refuse collector shall annually on or before July 1 apply
for a license from the Director, on such form as he shall prescribe,
to engage in the business of refuse collection in this municipality.
In order to qualify for a collector's license, an applicant must
present documents and information to the Director to assure the municipality
that the applicant possesses the financial and other qualifications
and has available the necessary equipment to adequately perform the
service of collection, transportation, storage and removal of refuse.
Such documents and information shall include but not be limited to
the following:
A.
Certificates of insurance showing coverage satisfactory to the Town
of Bethany.
B.
A certificate declaring, under penalty of false statement as provided
in the Connecticut General Statutes, that no person, partner, joint
venturer, employer, principal, agent or shareholder associated with
the applicant has violated this chapter or the collector contract
within the past 12 months or is under a period of license suspension
or revocation at the time of application, or a statement completely
and accurately describing any such suspension, revocation, violation
or alleged violation.
C.
A list of the names and addresses of any and all persons owning an
interest in the applicant's business.
D.
A description of the area served by the applicant by street names
or a map marked to show the area and streets served.
E.
A list of the names and addresses of the applicant's customers
residing or located within this municipality.
F.
A list of collection equipment and the capacity of such equipment
for all equipment owned or leased by the applicant at the time of
application or upon acquisition thereafter, including containers used
or intended to be used in this municipality for collection, transportation
or storage of refuse and the capacity and location of each such container.
G.
A certification that all collection and transportation vehicles and
equipment used or intended to be used by the applicant in this municipality
for collection, transportation or storage of refuse comply with all
applicable safety requirements.
H.
Proof of compliance with any bond or other financial security required
by this chapter.
I.
Payment of the licensing fee.
Each licensed refuse collector shall obtain a separate registration
for each vehicle he operates within this municipality. When a vehicle
is employed to transport more than one container, each container to
be transported, instead of the vehicle, shall require a registration.
Registrations shall not be transferable from vehicle to vehicle nor
container to container; provided, however, that the Director may allow
such temporary transfer of registrations in hardship situations, such
as a temporary breakdown of an individually registered vehicle.
All registrations shall be issued for a term not to exceed one year and shall be renewable on or before the first day of July of each year. The registration fee shall be as determined by the Board of Selectmen pursuant to § 176-4 of this chapter.
Whenever a duly registered vehicle is sold or transferred to
another refuse collector licensed in this municipality during the
registration year, said vehicle shall be reinspected within seven
days of such transfer date, but no additional fee shall be required.
The registration issued shall be conspicuously displayed on
the left front of the body of each vehicle or container so licensed,
or in such other place as may be determined by the Director.
Each licensee shall prominently display at all times on each
registered vehicle or container in letters at least four inches in
height his name, registration number and telephone number.
When any licensee shall sell or transfer all or part of his
route to another refuse collector presently licensed to collect refuse
in this municipality, he shall forthwith give written notice to the
Director at least seven days before the date of the sale or transfer
stating the name of the buyer or transferee and the intended date
of sale.
Licenses are not transferable. When any licensee shall sell
or transfer all or part of his route to any refuse collector not licensed
in this municipality, he shall first notify the Director, in writing,
of his intent to sell and the transferee shall, at the same time,
make application for a license to operate in this municipality.
As a prerequisite to the issuance or renewal of any license,
the refuse collector must, during the month of June, furnish to the
Director the geographical routes within this municipality that such
refuse collector services or intends to service.
All applicants for a license shall file with the Director a
cash bond in an amount equal to the estimate of the tonnage of waste
expected to be disposed of for a two-month period. If during the term
of the license, the monthly tonnage deposited by a collector at the
Bridgeport System is greater than the amount estimated, the Director
may require the cash bond to be increased to reflect the actual tonnage
disposed of.
Each collector shall furnish to his customers, upon request,
a list of rates for the various services he provides.
A.
Generally. A license to engage in refuse collection and to use a
transfer station, a landfill or the Bridgeport System, if applicable,
or other refuse facilities provided by this municipality is a privilege,
not a right. Failure to comply with the provisions of this chapter
shall be grounds for revocation or suspension of any license or registration
issued under the provisions of this chapter in addition to any other
penalty imposable by law.
B.
Notice required. Revocation or suspensions shall only become effective
five calendar days after receipt of written notice from the Director.
C.
Request for review; filing; effect of failure to file. If a refuse collector objects to the Director's action described in Subsection B above to revoke or suspend his license or registration, he may, within the five calendar days of receipt of said notice, file a written request for review with the First Selectman. Failure to timely file such request for review shall make the Director's actions final and binding upon the collector.
D.
Effect of timely filing. Timely filing of such request for review
shall operate as an automatic stay of the Director's action.
E.
Special Appeals Board; hearing. The First Selectman shall appoint
forthwith a Special Appeals Board consisting of two electors of this
municipality, the Second and Third Selectman and a member of the Board
of Finance. Said Board shall then, within 15 days, hear and decide
the matter. Such hearing shall be private; except, however, that such
hearing may be public if so requested, in writing, by the refuse collector.
The decision of said board shall be final and binding upon the collector.
F.
Names, addresses of customers to be furnished upon revocation or
suspension. Whenever a collector's license or registration is
revoked or suspended, he shall furnish the Director, within 24 hours,
the names and addresses of his customers.
G.
Refusal of permission to use transfer station. Notwithstanding anything
to the contrary herein, the Director shall have power to refuse permission
to a collector to use a transfer station, if applicable, or the Bridgeport
System or OBW landfill or any other waste facility of the municipality
when, in his opinion, such collector has violated this chapter or
any other applicable rule or regulation.
