A.
All unscheduled solid waste handling services shall be provided by a solid waste enterprise pursuant to a nonexclusive permit granted by the Director, subject to the terms and conditions of this Chapter, and the duly adopted rules, regulations and resolutions authorized by this Chapter.
B.
The nonexclusive permit shall be granted on such terms and conditions as the Director shall establish in his or her sole discretion. Such terms and conditions may be appealed to the City Council in accordance with Chapter 1.32 of this Code.
C.
Applicants for a permit to provide unscheduled solid waste handling services shall file with the Solid Waste Division a verified application in writing on a form furnished by the Solid Waste Division which shall give the following information.
1.
Full name of applicant;
2.
Permanent home and business address of the applicant;
3.
Trade and firm name;
4.
If a joint venture, partnership or limited partnership, the names of all joint ventures or general partners, their percentage of participation and permanent addresses. If a corporation, the names and permanent business addresses of all of the directors and officers, and if a corporation with out-of-the-City headquarters, the name and permanent address of the local manager.
5.
Facts showing applicant has arranged for the disposal of all solid waste collected or transported at an authorized solid waste facility of the applicant's choosing where the same may be legally accepted and disposed of;
6.
The location of the authorized solid waste facility;
7.
Facts showing that the applicant is qualified to render efficient unscheduled solid waste handling services;
8.
Facts showing that the applicant owns or has under his or her control, in good mechanical condition, sufficient equipment to adequately conduct unscheduled solid waste handling services;
9.
Other facts or information as the Solid Waste Division may require.
D.
Upon receipt of a completed application for a permit to provide unscheduled solid waste handling services the Director shall determine if the applicant meets all the requirements of this Chapter and all applicable State and Federal laws and regulations.
1.
A decision to issue or not to issue the permit shall be made by the Director within 30 days from the receipt of a completed application.
2.
If the Director determines that a permit to provide unscheduled solid waste handling services shall not be issued or if the decision to issue or not issue the permit is not made as provided in Subsection (D)(1) of this Section, or if the Director recommends the suspension, amendment, or revocation of a permit pursuant to Subsection F of this Section, the applicant shall have the right to a hearing before the City Council. A request for a hearing shall be made by the applicant by filing a notice of appeal in accordance with the requirements of Chapter 1.32 of this Code. At the hearing, the applicant shall have the burden of proof to show facts demonstrating that the applicant meets the requirements of this Chapter and applicable State and Federal laws and regulations and that either the granting of the permit is required by the public safety, health, welfare, convenience or necessity or that the proposed suspension, amendment, or revocation should not be sustained.
E.
The Director shall notify the solid waste enterprise in writing of his or her decision to recommend to the City Council the suspension, amendment, or revocation of a permit. After the hearing in Subsection D, any permit may be suspended, amended, or revoked by the City Council for cause, including, but not limited to, any or all of the following:
1.
A violation of any term or condition of the permit;
2.
Having obtained the permit by misrepresentation or failing to disclose fully all relevant facts;
3.
A change in any condition that requires either a temporary or permanent modification, reduction, or elimination of the permitted unscheduled solid waste handling service to bring it into compliance with the requirements of this Chapter;
4.
A finding that the operations of the solid waste enterprise pose a substantial threat to public health or the environment.
F.
A permittee issued a permit pursuant to this Section shall be required to pay a fee in an amount as may be determined by the City Council. The amount of the fee shall not exceed an amount reasonably necessary to recover the cost of administering this Article or the cost of enforcing the provisions of this Chapter or any rule or regulation promulgated pursuant to this Chapter.
G.
This Section shall not apply to the following entities:
1.
Any person engaged in the business of landscaping, gardening, or tree trimming;
2.
Any person engaged in the business of removing and disposing of shrubbery, grass, tree trimmings, garage cleanouts, agricultural debris, or other nonputrescible solid waste, provided such persons haul less than 50 tons per month;
3.
Any person engaged in the business of disposing of hazardous or special wastes, authorized or licensed to engage in such business by the City, County and/or State of California;
4.
Any person removing and disposing of shrubbery, grass, tree trimmings, garage cleanouts, agricultural debris, or other solid waste from any residential property owned or occupied by the person;
5.
Any person engaged in farming or agricultural operations which produce agricultural solid waste, or any person engaged in the business of servicing such operations;
6.
Public agencies;
7.
A licensed building contractor hauling demolition and construction wastes as an incidental part of a total service offered by that contractor, or any person engaged by the licensed building contractor to provide the hauling.
H.
All fees received pursuant to this Section shall be deposited to the Solid Waste Enterprise Fund or to such other fund as the City Council may designate.
(Prior code § 1718; Ord. 1673(20) § 24)