(A) Commercial hauler permit required; exceptions. Except as provided in this chapter, it shall be unlawful for any person to collect, remove, or haul any solid waste on or along any street within the City without first obtaining a commercial hauler permit from the Administrator. The Administrator may issue a commercial hauler permit to any applicant satisfying the requirements of this section. A commercial hauler permit shall not be required for the following:
(1) Tenants and property owners hauling bulk trash generated on their property to a City-designated drop off center;
(2) Secondary haulers;
(3) Charitable entities collecting reusable materials as approved by the Administrator;
(4) Haulers who do not collect solid waste within the City and are simply traversing the City with solid waste collected outside of the City; and
(5) Haulers with proper state or county permits that collect and transport unacceptable waste that will not be collected by the City, its agents, or City-permitted haulers.
(B) Hauler permit application. Applicants for a new commercial hauler permit, or for an annual renewal thereof, shall file a City-provided application form with the Administrator or designee that includes the following information, documentation, and fees:
(1) The name, address, and local telephone number of the individual(s) applying for the permit;
(2) The name, address, and local telephone number of the business entity that will conduct commercial hauling activities;
(3) The name(s), business address, and telephone number of all owners, partners, general managers, and principal officers of the business entity that will conduct commercial hauling activities;
(4) Evidence that the applicant possesses the adequate equipment and necessary qualifications to collect, transport, and dispose of solid waste in a manner satisfactory to the Administrator and in conformity with this chapter and all applicable federal, state, and county laws;
(5) Evidence that the applicant possesses the appropriate City business license and has all required federal, state, and county vehicle permits for each vehicle to be used pursuant to the permit;
(6) Other information that the Administrator or designee may reasonably require to verify the applicant’s qualifications and the information submitted in the application. Such information may include an audited financial statement and other indicators of the financial stability of the applicant.
(C) Permit duration. Permits shall expire on June 30 of each calendar year, unless renewed prior to expiration. Commercial hauler permits are nontransferable.
(D) Insurance requirements. Applicants shall be required to submit a certificate evidencing coverage for public liability, property damage, business automobile liability, and worker’s compensation/employer’s liability insurance in amounts and under terms to be established by the City prior to issuance of a commercial hauler permit. The coverage limits and terms imposed by the City on applicants shall not exceed the standard coverage limits and terms adopted by the City pursuant to administrative regulation. Such insurance policies shall list the City as an additional named insured and shall require that the City be given a minimum 30 days’ written notice prior to cancellation for any reason. Any deductible or self-insured retention shall be the responsibility of the permittee and any self-insurance amounts over $25,000 shall require the approval of the City. The lapse of any of the above-stated insurance policies shall be cause for revocation of the permit.
(E) Indemnification requirements. Permittee shall agree to indemnify, defend, and save harmless the City from all losses, claims, suits, actions, payments and judgments, demands, expenses, attorney’s fees, defense costs, or actions of any kind and nature resulting from personal injury to any person, including employees of the permittee or of any subcontractor employed the permittee (including bodily injury and death), or damages to any property, arising or alleged to have arisen out of permittee’s actions under the permit issued. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of indemnity provided pursuant to this section.
(F) Vehicle requirements. The Administrator or designee may inspect the vehicles to be utilized by a permit applicant prior to the issuance of a permit, renewal of a permit, and at any time during the term of the permit. All vehicles must meet the following requirements throughout the term of the permit:
(1) Vehicles must be maintained in good condition and repair. That portion of the vehicle into which solid waste is deposited shall be water tight up through 18 inches above the bed floor, shall have water tight rear door seal(s), if applicable, and be free of any openings that would permit solid waste to leak from the vehicle;
(2) Vehicles shall be maintained in a clean and neat manner and operated in a manner necessary to reasonably prevent solid waste from spilling, leaking, and blowing from the vehicle;
(3) All open-top vehicles must be covered or tarped when in transit to prevent its contents from spilling or blowing from the commercial container onto the roadway. Tarps must be affixed to each vehicle at all times;
(4) All vehicles shall be equipped with an operable backup audible safety alarm meeting industry standards;
(5) Vehicles shall be maintained and operated in such a manner to ensure that noise levels do not exceed 75 decibels at a distance of 25 feet; and
(6) The outside of each vehicle must be clearly identified with the name and phone number of the permittee. All letters shall be no less than three inches in height and shall be displayed on both sides and the rear of the vehicle.
(G) Commercial container requirements.
(1) Permittee shall have joint responsibility with the business establishment for whom it will provide solid waste collection services to keep and maintain sufficient collection containers, as may be reasonably determined by the Administrator, to accommodate the disposal needs of the business establishment.
(2) Permittee shall have joint responsibility with the business establishment for whom it will provide solid waste collection services to keep and maintain the containers utilized for the collection of solid waste in a sanitary condition and in good repair.
(3) Permittee shall service only those collection containers consistent with the commercial hauler permit issued under this chapter. The collection containers shall be located so as not to interfere with vehicular or pedestrian traffic.
(4) The outside of each collection container must be clearly identified with the name and phone number of the permittee.
(H) Conditions of commercial hauler permit. The following conditions shall apply to permittees throughout the term of the commercial hauler permit:
(1) Permittees shall comply with all provisions of the permit, this code, and applicable federal, state, and county laws relating to transporting solid waste;
(2) Permittees shall not collect solid waste from any location within 300 feet of the property line of any residential property between the hours of 7:00 p.m. and 6:00 a.m.;
(3) Permittees shall provide the Administrator or a designee with written notice of intent to provide solid waste collection services to each new business establishments prior to commencing that service. The notice shall include the name and address of the business establishment, the ownership of the business establishment, the number, type, and size of collection containers that will be collected, and the days of collection. A complete list of all business establishments serviced by permittee shall be provided to the City with any request for annual renewal of the commercial hauler permit. Permittee shall also promptly notify the City if permittee’s business is sold, transferred, or assigned or if permittee discontinues the collection and hauling of solid waste within the City;
(4) Along with a commercial hauler permit renewal application, permittees shall complete and provide an annual solid waste and recycling tonnage report on a City-provided form for all waste that it collected within the City or diverted from the City for recycling during the previous year;
(5) All contracts for the collection and hauling of solid waste within the City shall contain a clause allowing the contract to be cancelled by the customer in the event the contractor’s commercial hauler permit is suspended or revoked by the City; and
(6) Permittees shall immediately pick up all material that drops, spills, leaks, or is blown from a collection container or vehicle, and shall repair damage to, and clean the place onto which any material was so dropped, spilled, blown, or leaked to the reasonable satisfaction of the Administrator.
(I) Suspension or revocation of permit; right to appeal.
(1) The City may suspend or revoke a commercial hauler permit for any violation of said permit or this chapter, or for failing to pay all fees when due.
(2) Notice of proposed suspension or revocation shall be delivered personally or by registered mail to the address on file for the permittee. The suspension or revocation shall become effective ten business days after the delivery date, unless the permittee files an appeal in accordance with in this section.
(3) The appeal must be in writing and received by the City Manager within five business days of the City’s suspension or revocation notice.
(4) Failure to file a timely appeal as required by this section shall waive the right to appeal or contest a suspension or revocation.
(5) If a commercial hauler permit is suspended pursuant to this section, the commercial hauler permit may be reinstated only upon payment of twice the amount of the established permit fee.
(6) Failure to file a written appeal to the City Manager within the time specified in section (I)(3) above shall waive the right to appeal and render the City’s decision final.
(Prior Code, § 21-1-4) (Ord. 15-18, passed 12-14-2015) Penalty, see § 150.999