[CC 1984 §24-16; Ord. No. 1-151 §§4.2, 6.1, 8-18-1980]
No person shall engage in the business of collecting, transporting,
processing or disposing of solid waste within the corporate limits
of the City without first obtaining an annual license therefor from
the City; provided however, that this provision shall not be deemed
to apply to employees of the holder of any such license permit, nor
shall licenses be required for the removal, hauling or disposal of
earth and rock material from grading or excavation activities.
[CC 1984 §24-17; Ord. No. 1-151 §6.2, 8-18-1980]
A.
No
license shall be issued until and unless the applicant therefor, in
addition to all other requirements set forth, shall file and maintain
with the City Council evidence of a satisfactory public liability
insurance policy, covering all operations of such applicant pertaining
to such business and all vehicles to be operated in the conduct thereof,
in the amount of not less than one hundred thousand dollars ($100,000.00)
for each person injured or killed, and in the amount of not less than
three hundred thousand dollars ($300,000.00) in the event of injury
or death of two (2) or more persons in any single accident, and in
the amount of not less than one hundred thousand dollars ($100,000.00)
for damage to property.
B.
Should
any such policy be cancelled, the City Council shall be notified of
such cancellation by the insurance carrier in writing not less than
thirty (30) days prior to the effective date of the cancellation,
and provisions to that effect shall be incorporated in the policy,
which shall also place upon the company writing the policy the duty
to give the notice.
[CC 1984 §24-18; Ord. No. 1-151 §6.3, 8-18-1980]
A.
Each
applicant for a license under this Article shall state in his/her
application therefor:
1.
The nature of the license desired as to collect, transport, process
or dispose of solid waste or any combination thereof;
2.
The characteristics of solid waste to be collected, transported,
processed or disposed;
3.
The number of solid waste transportation vehicles to be operated
thereunder;
4.
The precise location or locations of solid waste processing or disposal
facilities to be used;
5.
The boundaries of the collection area; and
6.
Such other information as required by the City Council.
[CC 1984 §24-19; Ord. No. 1-151 §§6.4, 6.5, 8-18-1980]
A.
If the application shows that the applicant will collect, transport, process or dispose of solid wastes without hazard to the public health or damage to the environment and in conformity with the laws of the State and this Chapter, the City Council shall issue the license authorized by this Article. The license shall be issued for a period of one (1) year, and each applicant shall pay whatever fee is appropriate for the type of license issued. Fees for such licenses shall be found in Section 605.130.
B.
If
in the opinion of the City Council modifications can be made to the
application regarding service, equipment or mode of operation, so
as to being the application within the intent of this ordinance, the
City Council shall notify the applicant in writing setting forth the
modification to be made and the time in which it shall be done.
C.
If the applicant does not make the modifications pursuant to the notice in Subsection (B) within the time limit specified therein, or if the application does not clearly show that the collection, transportation, processing or disposal of solid wastes will create no public health hazard or be without harmful effects on the environment, the application shall be denied and the applicant notified by the City Council in writing, stating the reason for the denial.
D.
Nothing
in this Section shall prejudice the right of the applicant to reapply
after the rejection of his/her application provided that all aspects
of the reapplication comply with the provisions of this Section.
[CC 1984 §24-20; Ord. No. 1-151 §6.6, 8-18-1980]
The annual license may be renewed simply upon payment of the fee designated in Section 605.130 if the business has not been modified. If modifications have been made, the applicant shall reapply for a permit as set forth in Sections 230.240 and 230.250. No licenses authorized by this Article shall be transferable from person to person.
[CC 1984 §24-21; Ord. No. 1-151 §6.7, 8-18-1980]
In order to ensure compliance with the laws of this State, this
Chapter and the rules and regulations authorized herein, the City
Council is authorized to designate an inspector to inspect all phases
of solid waste management within the City. No inspection shall be
made in any residential unit unless authorized by the occupant, upon
presentation of proper credentials, or by due process of law. In all
instances where inspections reveal violation of this Chapter, the
rules and regulations authorized herein for the storage, collection,
transportation, processing or disposal of solid waste or the laws
of the State, the City Council or its designated agent shall issue
notice for each such violation stating therein the violation found,
the time and date and the corrective measure to be taken, together
with the time in which any such corrections shall be made.
[CC 1984 §24-22; Ord. No. 1-151 §6.8, 8-18-1980]
In all cases, when corrective measures ordered pursuant to Section 230.280 have not been taken within the time specified, the City Council shall suspend or revoke the permit involved in the violation. In those cases where an extension of time will permit correction and there is no public health hazard created by the delay, one (1) extension of time not to exceed the original time period may be given.
[CC 1984 §24-23; Ord. No. 1-151 §6.9, 8-18-1980]
Any person who feels aggrieved by any notice of violation or
order issued pursuant thereto of the City Council or its designated
agent may, within ten (10) days of the act for which redress is sought,
appeal directly to the Municipal Court in writing setting forth in
a concise statement the act being appealed and the grounds for its
reversal.
[CC 1984 §24-24; Ord. No. 1-151 §6.10, 8-18-1980]
All motor vehicles operating under any license required by this
Chapter shall display the number or numbers on each side in colors
which contrast with that of the vehicle, the numbers to be clearly
legible and not less than three (3) inches high. Each license for
processing or disposal facilities shall be prominently displayed at
the facility.
[CC 1984 §24-25; Ord. No. 1-151 §6.11, 8-18-1980]
The City Council or its designated agent shall have the right
to inspect the books and records of any permittee for the purpose
of determining whether the owners, occupants or persons occupying
any premises within the City are complying with the terms of this
Chapter. In the alternative, a permittee may submit a list of his/her
customers within the City when requested by the City Council or its
designated agent.
