ARTICLE III. COLLECTION OF
SOLID WASTE
Sec.
19-40. Permit required, conditions, renewal and revocation.
(a) For whom permit required.
No person, including governmental agencies, shall engage in the business of collecting
and/or disposing of solid waste in the county without first obtaining a permit therefor
from the county administrator; provided, however, that this provision shall not be deemed
to apply to employees of the holder of any such permit.
(b) Application; required
information. Any person desiring to engage in the collection and/or disposal of solid
waste in the county shall make written application to the county administrator setting
forth the name, phone number and address of such person, a description of the equipment to
be used in the collection and transportation, the type or types of solid waste to be
collected, the place and/or method of disposal, and such other information as may be
reasonably required by the county.
(c) Insurance required. No
permit shall be issued until and unless the applicant therefor, in addition to all other
requirements set forth, shall file and maintain with the county administrator evidence of
a satisfactory comprehensive general liability insurance policy covering all operations of
such applicant pertaining to such business and all vehicles to be operated in the conduct
thereof, as a minimum, in the amount required by the Commonwealth of Virginia. Such policy
shall be provided for written notification to the county by the insured and the insurance
carrier, of any cancellation of said policy not less than ten (10) days prior to the
effective date of such cancellation.
(d) Bonds, permit fees; changes
to application. The applicant shall pay all required fees and furnish any necessary
bonds required by this chapter prior to issuance of a permit. No permit holder shall make
any changes in the items listed in his original application without first notifying the
county administrator. The fee for permits issued pursuant to this section shall be one
hundred dollars ($100.00).
(e) Customer list. Each
permit applicant shall certify, prior to the issuance of a permit, that a customer list is
maintained that includes street addresses of customers and specifies the rate to be
charged for each type of residential service. Such list shall be provided to the county
administrator upon request.
(f) Expiration of permits;
annual renewal. All permits shall expire on June 30 of the year following the year if
issue and permits are renewable annually between June 1 and June 30.
(g) Evidence of business license
tax payment. There shall be submitted with each application for a permit evidence that
the applicant has paid any applicable business license tax.
(h) Maintenance of business
office. No permit shall be issued or continued in effect until and unless the
applicant maintains an office for the transaction of business to include the receipt of
complaints, the payment of bills, the maintenance of records and the answering of
inquiries. Such office shall be staffed during normal business hours with an authorized
agent of the applicant, and serviced by a telephone listed in the telephone directory by
trade name. Any change of address or telephone number shall be reported to the county
administrator within five (5) business days.
(I) Permit issuance
and conditions. The county administrator shall issue a permit upon
receipt of a completed application and upon a finding that the applicant has complied with
the applicable provisions of this chapter and provided that the granting of the permit
will not unduly interfere with the provision of services to county residents or the
processing of all solid waste generated in the county and will not cause the capacity of
any county disposal facility to be exceeded. The county administrator may impose
reasonable conditions on any permit deemed necessary to protect the sanitary an deficient
operation of the countys disposal facilities. Each permittee operating more than one (1) truck shall separately number
each truck and shall display the number of each truck prominently in letters not less than
four inches (4") in height on the front of the vehicle and on the passengers
side door.
(j) Issuance or denial. A permit shall be issued or denied
within thirty (30) days of the receipt of an application by the county administrator. A
permit may be denied issuance or renewal for any violation of this chapter including, but
not limited to, failure to pay delinquent disposal facility charges or for unsatisfactory
delivery of customer service. A denial shall be accompanied by reasons for denial in
writing. The application shall have a period of ninety (90) days from the date of any such
denial within which to conform his application to the requirement of this article and at
the expiration of that period the application shall be deemed to have expired.
(k) Denial of permit as
additional penalty. In addition to any other penalty, any collector discovered
illegally collecting refuse without a permit or violating the terms of an issued permit
may be denied a refuse collection permit for a period of one (1) year from the time of the
offense.
(l) Revocation of permit.
Failure to correct conditions and practices not in accordance with the provisions of this
chapter (including nonpayment of tipping fees) within seven (7) days after receipt of
written notice of violation shall cause the permit to be revoked by the county
administrator.
(Ord.
No. 04-31, 1/18/05)
Cross referenceLicenses
generally, Ch. 14. |