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(a) After receiving a hauling permit application, the director may make such investigation as he or she considers necessary to determine whether the public convenience and necessity warrant the granting of the hauling permit(s).
(b) The director may require the applicant to furnish additional information to assist the director in his or her determination.
(c) The director may require the applicant to furnish information as to the financial responsibility of the applicant in the event of claims against him or her for death or injuries to persons or damage to property by reasons of the negligent operation of vehicles used in providing solid waste collection and transportation services.
(d) If the director is satisfied that the applicant meets the requirements of this division and after the applicant pays all applicable fees, the director or his or her duly authorized agent may issue and affix a hauling permit to each appropriate vehicle.
(e) The hauling permit shall be a size and design determined by the director.
(f) If the director determines that there is cause to deny a hauling permit application, he or she may notify the applicant of same in writing and deliver by certified mail, return receipt requested to the address listed on the application. The applicant may petition for reconsideration pursuant to this chapter.
(Ord. 13555, § 1, passed 8-25-1998)
(a) A hauling permit shall be displayed on each registered vehicle in a location approved by the director or his or her duly authorized agent. The director’s duly authorized agent shall place the permit on the vehicle.
(b) A hauling permit holder commits an offense if the hauling permit holder operates or causes to be operated a vehicle collecting or transporting municipal solid waste which does not properly display a valid hauling permit.
(Ord. 13555, § 1, passed 8-25-1998)
(a) Each hauling permit holder shall pay the city an annual permit fee for each vehicle in an amount set by the city council.
(b) A hauling permit issued pursuant to this division for each vehicle is valid for up to one year, but shall expire no later than 12 months from the original date of issuance. Subsequent hauling permits added for additional vehicles to be used by the same permit holder during the term shall not be prorated, but shall expire at the same time as the first hauling permit. There shall be no proration of fees for late renewal, nor any refund for vehicles taken out of service before the end of the term.
(c) A hauling permit shall not be transferable from one individual or entity to another, nor from one vehicle to another.
(Ord. 13555, § 1, passed 8-25-1998)
The reasons for which the director or his or her duly authorized representative may suspend and/or revoke a hauling permit include, but are not limited to, the following:
(a) The application contained a false statement of material fact;
(b) The hauling permit holder does not maintain a permitted vehicle in the condition that allowed it to pass its last inspection; or
(c) The local hauling company named in the privilege agreement or an employee, agent, of officer of the local hauling company named in the privilege agreement is convicted of a violation of the Texas Solid Waste Disposal Act, being Tex. Health and Safety Code, Ch. 361, the Texas Litter Abatement Act, being Tex. Health and Safety Code, Ch. 365, the Resource Conservation and Recovery Act, being 42 U.S.C. §§ 6901 et seq., or any other environmental law applicable to the collection, transportation and disposal of solid waste, which allegedly occurred during the term of the privilege agreement.
(Ord. 13555, § 1, passed 8-25-1998)
An offense under this division is punishable pursuant to § 12.5-123, Judicial Remedies and Penalties.
(Ord. 13555, § 1, passed 8-25-1998)
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