(A) The required sequence for a person wishing to attain a solid waste facility license from the Board is:
(1) Local zoning approval;
(2) Preliminary county approval through the procedure established in § 50.048;
(3) Agency approval; and
(4) All agency technical standards will apply for the county licensing review and approval, except where requirements in this chapter are more restrictive.
(B) Issuance or renewal of any license pursuant to the provisions of this chapter shall be contingent upon the applicant furnishing to the county a bond in an amount to be set by the Board. This bond shall name the county as obligee with sufficient sureties duly licensed and authorized to transact business in the state as sureties. The condition of the bond shall be that, if the licensee fails to comply with any requirements or fails to perform any of the acts required of a facility or ceases to operate a facility, any monies or expend any labor or material to restore the operation or facility to a condition in compliance with this chapter, the bond holder and the sureties on its bond shall reimburse the county for any and all expenses incurred by the county to remedy failure of the licensee to comply with the terms of this chapter, and the bond holder and its sureties shall indemnify and save the county harmless from all losses, costs and charges that may occur to the bond holder or its sureties because of any default of the licensee under the terms of the bond terms to operate in compliance with the terms of the ordinances of the county.
(C) Issuance or renewal of any license pursuant to the provisions of this chapter shall be contingent upon the applicant securing insurance, and furnishing to the county a copy of a certificate therefor, the following types of insurance issued to the licensee by insurers duly licensed within the state and in amounts to be set by the Board: general liability including, but not limited to, bodily injury, property damage, motor vehicle or other insurance such as workers compensation, required by state or county law. Before the license shall be issued, the licensee shall agree to hold the additional insured harmless and shall agree to defend and indemnify the additional insured, and the additional insured’s employees and agents, for any claims, damages, losses and expenses related to the work under the license. The licensee’s contract of insurance shall be the primary insurance for the additional insured and the licensee of insurance company shall provide a certificate of insurance which verifies the existence of the insurance required, including provisions to hold the additional insured harmless and defend and indemnify the additional insured. The general liability insurance shall be in at least the amount of $300,000 per claim with a maximum amount of at least $1,000,000 for any number of claims in a single occurrence.
(D) Issuance or renewal of any license pursuant to the provisions of this chapter shall be contingent upon the applicant paying the annual renewal fee for that license in the amount set by the Board by resolution.
(E) Renewal of any license pursuant to the provisions of this chapter shall be contingent upon the applicant submitting any information required in the license application that has changed since the previous submittal or additional information as may be required by the Department.
(F) Any license granted by the Board under the provisions of this chapter may be suspended or revoked by the Board at any time for noncompliance with the provisions of the license, this chapter or applicable state laws or rules, as provided hereby.
(G) Routine inspection and evaluation of an operation shall be made by the Department at a frequency as to ensure consistent compliance by the licensee with the provisions of this chapter. The licensee shall be provided with a written inspection report containing a precise description of any deficiencies, recommendations for the correction thereof and the date when the corrections shall be accomplished. Copies of the report shall be furnished to the agency. The licensee shall allow to
authorized representatives of the county or the agency access to the facility at any time for purpose of making inspections as may be necessary to determine compliance with the requirements of this chapter, and any other applicable statute, ordinance or rule.
(Ord. 4C, passed 11-14-00)