(A) Pursuant to G.S. § 153A-82, the County Manager, as agent, may prepare a resolution for the Board granting a license to any person, firm, or corporation to engage in the collection and disposal of solid waste. The Board may grant to those licensed under this chapter the exclusive right to collect, transport, and dispose of solid waste for compensation within the entire county or within specified areas of the county and prohibit unauthorized persons, firms, or corporations from engaging in the same service within the area where the exclusive right has been granted. The permit shall be displayed at the licensee’s place of business.
(B) All applicants for permits to collect, transport, and dispose of solid waste for any fiscal year, commencing July 1, 1985, shall file written application with the County Manager on or before the February 15 prior to the year in question and shall furnish the following information:
(1) Name and address of the applicant and whether a sole proprietorship, corporation, or partnership, with disclosure of the ownership interests;
(2) A list of the equipment possessed, available, or to be obtained by the applicant;
(3) Number of employees the applicant expects to use in the business;
(4) Experience of the applicant in solid waste collection;
(5) Balance sheet or equivalent financial statement prepared by a certified public accountant or other person satisfactory to the Board as of the close of the applicant’s last business year, showing the net worth of the business. All financial data submitted in compliance with the requirements of this division (B)(5) shall be confidential and shall not be regarded as public information;
(6) Planned routes and areas of the county the application expects to serve;
(7) Schedule of fees the applicant plans to charge; and
(8) Any information the Board may hereafter request.
(C) Existing contracts shall be subject to a yearly review with the information designated in the above division (B) being presented to the County Manager on or before February 15 of the year in question.
(D) The County Manager shall bring before the Board, in the month of March, applications for permits and a review of existing contracts to collect, transport, and dispose of solid waste for the fiscal year following the meeting commencing July 1, and may grant to the applicants adjudged by the Board to be most suitable an exclusive permit for the collection of solid waste in each of the areas. The term of the permit(s) shall not exceed seven years from the effective date and shall be renewable.
(E) The Board reserves the right to receive applications for permits and the right to create additional areas out of any one or more of the areas previously designated following the date for applications to be filed with the County Manager. In such event all applicants with pending applications shall be given ten days’ written notice by mail of such intent. The Board further reserves the right to revoke any permit granted, upon satisfactory proof of the inability or failure of the licensee to properly perform the duties covered by the permit and contract in a satisfactory manner or for any of the grounds set out in § 50.23 after the licensee has been given an opportunity for a hearing upon ten days’ written notice by mail before the hearing setting forth the grounds for revocation.
(F) In the event a permit has been granted to a licensee for any one or more of the areas and the licensee, for any cause, ceases to perform the services required of him or her, and it is determined that his or her license shall be revoked, or in the event the licensee, otherwise for any cause, ceases to perform the services required by the permit and contract, the Board shall, at its first meeting, held subsequent to the expiration of 15 days after the cessation of service or the surrender of the permit, receive applications for a permit for the area involved and at the meeting or as soon thereafter as practicable grant to the applicants who, in the judgment of the Board, are suitable, a permit for the period commencing with the date of the meeting above provided for and ending the June 13 subsequent thereto.
(G) The licensee shall serve every person who contracts with him or her for solid waste collection in such a manner that the licensee does not cause the person to be in violation of this chapter. The licensee shall not discriminate against any person for contract purposes in violation of the Civil Rights Act, as amended, 42 U.S.C. §§ 1981 et seq., on the basis of race, color, creed, religion, national origin, physical impairment, or sex.
(H) Before the county issues a permit pursuant to this subchapter, the County Manager or his or her duly authorized representative shall determine that all facilities, equipment, and proposed operating methods the applicant plans to use in the solid waste collection business are in compliance with this chapter and applicable regulations of the State Commission for Health Services.
(I) It shall be unlawful for any person, firm, or corporation to engage in the business of collecting, transporting, and disposing of solid waste in the county outside of any municipality, except under the authority in full force and effect given by a permit as hereinabove provided for.
(1996 Code, § 50.20) (Ord. passed 5-6-1985) Penalty, see § 50.99