[Amended 10-2-2003 by L.L. No. 4-2003; 11-29-2018 by Ord. No. 102; 10-3-2019 by Ord. No. 81; 9-10-2020 by Ord. No. 68]
No person, firm or corporation, public or private, shall engage in the business of removing solid wastes of any kind from any building, premises, street or public place in the City, unless the hauling entity shall first have applied to and obtained from the Commissioner of General Services a solid waste collection permit to do so and shall have agreed to conform to the regulations established by this chapter and any other rules or regulations that may be promulgated by the Rensselaer County Department of Health or the City of Troy Department of General Services concerning the removal of solid wastes. All permits under this section shall expire on the 31st day of December and shall be nontransferable. A single hauling company, corporation, business or organization is required to hold one permit per vehicle every year. The permit placard must be visibly displayed at all times on the exterior of each transport vehicle traveling within the City limits.
[Amended 11-29-2018 by Ord. No. 102; 10-3-2019 by Ord. No. 81; 9-10-2020 by Ord. No. 68]
Application for a solid waste collection permit shall be made upon forms supplied by the Commissioner of General Services and shall be accompanied by a fee of $200 per vehicle, payable to the City of Troy. At the time of making such application, the applicant must furnish to the Commissioner of General Services a schedule of intended pickup days on the various highways, streets and roads within the City, the schedule of rates and charges to be paid by the respective customers, together with a list of vehicles to be used by the applicant and the license plate numbers thereof and a list of locations, with a contact, to which the material picked up within the City will be brought.
[Amended 11-29-2018 by Ord. No. 102; 10-3-2019 by Ord. No. 81; 9-10-2020 by Ord. No. 68]
A. 
A solid waste collection permit may only be issued after approval of the application by the Commissioner of General Services.
B. 
A vehicle used for the collection and transportation of compost, food waste, garbage, recyclables, rubbish, sewage solids, solid waste, and dead animals within the City shall be enclosed and watertight. A vehicle used for the collection and transportation of all other solid wastes within the City shall be enclosed and provided with a cover to completely cover the solid wastes.
C. 
The vehicles used by collectors and the routes of collection shall be subject to inspection and reasonable visitation by the Commissioner or duly accredited and authorized agents of the City.
D. 
A permit holder shall keep a copy of the current year's permit within each solid waste collection vehicle operating in the City.
E. 
All permit holders shall complete quarterly collection reports and file them with the Commissioner of General Services. These quarterly reports shall include types of materials collected, weight/volume of materials collected, and locations where the materials have been disposed of. Collection reports must be filed within 30 days of the end of the prior quarter or the Commissioner may revoke the permit. A revoked permit may not be reinstated until the hauler provides the required data. A new permit will not be issued for the following year if the hauler has not complied with the Commissioner's data reporting requirements.
F. 
Insurance. To be accepted for filing, every application for a solid waste collection permit must be accompanied by a certificate or affidavit of insurance, executed by representatives of a duly qualified insurance company, evidencing that the insurance company has issued liability and property damage insurance policies covering all operations of the applicant and of any other person, firm, corporation, or contractor employed or engaged by the applicant, and protecting the public and any and all persons and property from injuries and damages arising out of or in consequence of the applicant's operations. In addition:
(1) 
The City of Troy shall be named additional insured on a primary and noncontributing basis with coverage for any and all claims arising from the operations of the applicant or permittee or any subcontractor.
(2) 
Applicants and permittees must carry insurance as specified below:
(a) 
Commercial general liability and contractual liability on an occurrence basis for all personal and bodily injuries and property damage, with minimum coverage limits of $1,000,000 each occurrence/$2,000,000 general aggregate.
(b) 
Workers' compensation insurance as required by law and including employer's liability insurance. Statutory disability benefits insurance as may be required by law.
(c) 
Comprehensive motor vehicle liability coverage on owned, hired, leased, or nonowned motor vehicles with coverage limits of not less than $1,000,000 combined for each accident for damage because of bodily injury, sickness, or disease, sustained by any person, caused by accident, and arising out of the ownership, maintenance, or use of any motor vehicle, as well as for damage because of injury to or destruction of property, including the loss of use thereof, caused by accident and arising out of the ownership, maintenance, or use of any motor vehicle.
(d) 
Commercial umbrella coverage of $2,000,000.
(3) 
Each policy of insurance must be in form and content satisfactory to the Commissioner of General Services and/or the City Corporation Counsel, and shall provide that:
(a) 
The insurance policies shall not be changed or canceled until the expiration of 30 days after written notice to the City of Troy Commissioner of General Services.
(b) 
The insurance policies shall be automatically renewed upon expiration and continued in force unless the City of Troy Commissioner of General Services is given 60 days' written notice to the contrary.
(4) 
No work shall be commenced under the permit until the applicant has delivered to the Commissioner of General Services proof of issuance of all policies of insurance required by the permit. Actual policies of insurance shall be provided to the Commissioner upon demand therefor. If, at any time, any of said policies shall be or become unsatisfactory to the City, the applicant or permittee shall promptly obtain a new policy and submit new proof of insurance to the Commissioner for approval. Upon failure of the applicant or permittee to furnish any requisite item, or to deliver and maintain the insurance as above provided, the Commissioner shall suspend or revoke the permit. Failure of the applicant or permittee to procure and maintain any required insurance shall not relieve the applicant from liability under the permit, nor shall the insurance requirements be constructed to conflict with or to satisfy or replace the separate obligations concerning indemnification set forth below.
G. 
Indemnification. Separate and apart from the obligation to obtain the insurance required above, applicants and permittees shall keep and hold harmless the City of Troy, its agents and employees from and against any and all liability, losses, or other claims for damages for death, bodily injury, or property damage, or of any other kind or nature, arising out of or in consequence of the operations of the applicant or permittee or any agent, servant, employee, or subcontractor of the applicant or permittee, all to the fullest extent allowed by law, and they shall defend and indemnify the City of Troy, its agents and employees for any and all claims, damages and liability of any kind whatsoever, including all litigation expenses and reasonable attorney fees, arising out of or in consequence of the operations of the applicant or permittee.
H. 
A permit may be refused or revoked if the applicant has been convicted of a misdemeanor or felony which in the judgment of the Commissioner renders the applicant unfit to hold a permit, or if the applicant otherwise fails to meet the requirements of this chapter to the satisfaction of the Commissioner.
I. 
A small solid waste hauler may apply for an exemption from the fee associated with the solid waste collection permit. Application for exemption from the solid waste collection permit fee shall be made on or before the fifteenth day of November each year, for exemption in the following calendar year, upon forms supplied by the Commissioner of General Services. At the time of making the application, the applicant must furnish proof satisfactory to the Commissioner of the entity's total tip weights at the Troy transfer station, or other facilities as applicable, for the preceding twelve-month period. Upon approval of the application by the Commissioner, the entity will be exempt from paying the solid waste collection permit fee for a period of a single calendar year, commencing on the first day of January and ending on the thirty-first day of December. A small solid waste hauler granted an exemption pursuant to this subsection shall notify the Commissioner immediately if the entity's total tip weights within the period of exemption exceed 26 tons of solid wastes. In the event of such notification, the Commissioner may, in his or her discretion: revoke the exemption and charge the hauler the requisite fee for the solid waste collection permit.
[Added 10-7-2021 by Ord. No. 77]