(a) 
Private solid waste haulers may be granted a permit by the City of Lubbock Solid Waste Department to continue serving existing residential customers within a newly annexed area at the time of such annexation. Such permits shall be valid for a time period not exceeding three (3) years from the date of such annexation. "Existing residential customers" shall mean those persons having a valid written agreement with a solid waste hauler or persons providing a written statement that they are sharing a container with a named customer having a valid written agreement with a solid waste hauler at the time of such annexation. It shall be unlawful for any person to engage in the removal of residential solid waste, garbage, rags, refuse matter or waste material of any kind or solicit the removal thereof on a contract basis within such newly annexed area without first obtaining a permit from the City of Lubbock.
(b) 
All permits issued pursuant to this section shall require the payment of three (3) percent of the gross receipts commencing sixty (60) days after the effective date of the annexation on all revenues and income collected from any residential solid waste service being performed in the newly annexed area during the term of the permit. Said permit fee shall be remitted to the city quarterly, on or before the thirtieth day of April, July, October, and January, based on the revenues received during the previous calendar quarter. Each payment shall be accompanied by an income statement certified by the permit holder as to its accuracy.
(c) 
Permit holders shall furnish the city solid waste department a list of customer accounts each month. Customer accounts shall be delivered to the city no later than the fifth day of each month.
(d) 
Should the permit holder fail to service his customers in a satisfactory manner or fail to meet the requirements of this article, the holder’s permit or any other applicable governmental rule or regulation, the permit holder shall be deemed to be in breach of his permit, and the city, acting by and through its city manager, may revoke such permit. Such revocation may be appealed to the City of Lubbock Permit and License Appeal Board in such manner as is provided for by this Code of Ordinances.
(e) 
Permit holders shall dump waste material at a landfill licensed by the state. Should the permit holder dump at any unauthorized location, the holder’s permit may be revoked, and prosecution may be had pursuant to any applicable law or regulation. In addition, the permit holder shall be liable for all costs to clean up such unauthorized dumping.
(1983 Code, sec. 23-32; Ordinance 10125, sec. 1, adopted 1/14/1999)
(a) 
It shall be unlawful for any person to engage in the removal of garbage, rags, refuse matter or waste material of any kind or solicit for the removal thereof on a contract basis as provided in section 22.06.185 of this code without first obtaining a permit from the department of sanitation. The permit if granted will be issued by a duly authorized agent of the department of sanitation. The department of sanitation may refuse to grant any such permit and any person who engages in the removal of garbage, rags and refuse matter or waste material of any kind without such permit will be subject to the penalty in section 1.01.004. Provided, however, that the provisions of this section shall not apply to the owner of such container or receptacle, or to the owner or occupant of the premises on which the same is located. Provided, further, however, that no permit issued to any junk dealer of the city shall authorize any person to whom such permit is issued to remove any such waste material from any container or receptacle, or in any manner interfere with any such container or receptacle.
(b) 
A permit may be issued by a duly authorized agent of the department of sanitation upon the applicant meeting the following requirements:
(1) 
Applicant shall be engaged in the garbage and trash hauling business and shall have the equipment necessary to discharge this obligation to his customer accounts in a workmanlike and satisfactory manner.
(2) 
Applicant shall post a surety bond in the amount of five thousand dollars ($5,000.00), conditioned on the faithful performance of all applicable ordinances of the city. All sureties on such bond shall be liable for breach thereof to contracting parties or to any other person actually damaged by such breach not to exceed the face amount of the bond. All bonds must be approved by the city attorney.
(3) 
Applicant shall pay a twenty-five-dollar ($25.00) annual permit fee. Such fee shall cover the permit period issued or remaining portion thereof.
(4) 
Applicant shall, upon request, furnish a current financial statement.
(5) 
Applicant shall, upon request, furnish a current inventory of all equipment to be used in his operation and shall keep inventory current.
(6) 
Applicant shall furnish certificates of insurance showing proof of liability insurance in the amount of fifty thousand dollars ($50,000.00)/one hundred thousand dollars ($100,000.00) bodily injury and fifty thousand dollars ($50,000.00) property damage issued by a carrier authorized to do business in the state.
(c) 
All permits will expire on the first day of April and will be renewed upon the payment of the twenty-five-dollar ($25.00) annual permit fee provided all other requirements are met.
(d) 
All vehicles used in the performance of permittee’s business shall have company name, vehicle number and city permit number displayed on the left-hand and right-hand doors. Letters and numbers shall be three (3) inches and shall be either white on black or black on white.
(e) 
Permittee shall service multifamily dwellings, food service establishments, hospitals, nursing homes, schools, colleges, motels, hotels, roominghouses, mobile home parks, any food processing plant to include meatpackers, slaughterhouses, poultry, fish, vegetable and fruit processing, a minimum of two (2) times per week. All other accounts shall be serviced with sufficient frequency and in such manner as to maintain clean and sanitary conditions.
(f) 
Permittee shall furnish the department of sanitation a list of customer accounts each month. The customer account list shall be delivered to the department of sanitation no later than the fifth of each month.
(g) 
Should permittee fail to service his customers in a satisfactory manner or fail to meet other permit requirements for any cause, the city may revoke his permit, cause forfeiture of bond, retain all deposits and will use proceeds to defray city collection service expense to service his customers. A charge of ten dollars ($10.00) per pickup will be made for this service by the city.
(h) 
Permittee shall dump waste material at a landfill licensed by the state. Should permittee dump at any unauthorized location, his permit may be revoked, bond forfeited, all deposits retained and he shall be subject to penalty provided in section 1.01.004.
(i) 
Should a permit be revoked and should the former permittee desire another permit, all requirements set forth in subsection (b) shall be met before consideration will be given for a permit.
(j) 
The department of sanitation or any duly authorized agent thereof will have the right, upon presenting proper credentials, to inspect, at any reasonable hour or anywhere within the corporate limits of the city, the equipment and work performance of permittee.
(k) 
Hazardous waste. In the event that an applicant for a permit desires to handle waste declared to be hazardous, infectious, toxic or harmful by federal or state law, then in addition to the above-stated requirements the applicant shall be required to meet the following additional requirements:
(1) 
Applicant shall furnish the department of sanitation with evidence that the applicant has obtained all necessary federal and state permits or licenses for the particular type of harmful waste sought to be handled by applicant.
(2) 
Applicant shall be required to furnish a certificate of insurance showing proof of liability insurance in the following amounts, including an endorsement providing hazardous waste coverage on each policy:
(A) 
General liability (per occurrence): $500,000.00.
(B) 
Automobile:
CSL: $500,000.00.
BI (per person): $100,000.00.
BI (per accident): $250,000.00.
Property damage: $150,000.00.
(C) 
Worker’s compensation:
Per accident: $100,000.00.
Disease policy limit: $500,000.00.
Disease (each employee): $100,000.00.
(3) 
Applicant shall provide the department of sanitation with a map of the routes to be followed by applicant in providing service. Such map shall be updated by applicant each month no later than the fifth of each month.
(4) 
Applicant shall pay an additional annual permit fee of twenty-five dollars ($25.00).
(5) 
Applicant shall dispose of all waste in a legal and proper manner and at a proper location for the type of harmful waste being handled by applicant.
(6) 
Applicants seeking a permit only for harmful waste shall not be required to accept all customers, but only those customers with the type of waste for which applicant has proper expertise and licensing.
(Ordinance 777, sec. 12, adopted 5/23/1946; 1959 Code, sec. 14-21; Ordinance 6291, sec. 3, adopted 2/10/1972; Ordinance 6763, sec. 1, adopted 12/13/1973; 1983 Code, sec. 23-15; Ordinance 9280, sec. 1, adopted 6/8/1989)
A permit authorized by the preceding section will not be a franchise, nor will it provide any exclusive area or class of service nor will the permit holder be authorized to make collections from single-family residences.
(1959 Code, sec. 14-21.4; Ordinance 6763, sec. 5, adopted 12/13/1973; 1983 Code, sec. 23-16)
(a) 
For serious or repeated violation of any of the requirements of the preceding section, a permit thereunder may be revoked by the superintendent of sanitation after an opportunity for a hearing has been provided.
(b) 
Prior to such action, the superintendent of sanitation will notify the permit holder in writing, stating the reasons for which the permit is subject to revocation and advising that the permit will be revoked at the end of five (5) days following service of such notice, unless a request for a hearing is filed with the superintendent of sanitation by the permit holder, within such five-day period.
(c) 
A permit may be suspended for cause pending its revocation hearing.
(1959 Code, sec. 14-21.1; Ordinance 6763, sec. 2, adopted 12/13/1973; 1983 Code, sec. 23-17)
The hearings provided for in the preceding section shall be conducted at a time and place designated by the superintendent of sanitation. Based upon the record of such hearing, the superintendent of sanitation shall make a finding and shall sustain, modify or rescind any official notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the permit holder by the superintendent of sanitation.
(1959 Code, sec. 14-21.2; Ordinance 6763, sec. 3, adopted 12/13/1973; 1983 Code, sec. 23-18)
In the event the superintendent of sanitation suspends or revokes a permit, the holder of such permit shall have the right of appeal to the city council by filing appeal in writing with the city council within fifteen (15) days from the date of revocation. Within thirty (30) days from the filing of an appeal the city council shall hold a hearing and shall either affirm, modify or otherwise change the action of the superintendent of sanitation.
(1959 Code, sec. 14-21.3; Ordinance 6763, sec. 4, adopted 12/13/1973; 1983 Code, sec. 23-19)