A. License Required: No person shall engage in the business of collecting or hauling garbage, municipal waste, recyclables, landscape waste, brush or other refuse, on a continuous and regular basis, with scheduled collections per month, from any location within the county without first procuring a license to do so from the county. Unless earlier suspended or revoked, such license shall be valid for a twelve (12) month period; provided that the initial license issued under this section may, at the option of the office of solid waste management, be valid for up to twenty one (21) months and shall be so specified.
B. Conditions For Licensing: Licensee shall provide basic curbside or end of the driveway recycling service to every residential dwelling unit licensee served with garbage pick up, at a single combined price. Materials to be recycled include, at a minimum, those listed in subsection 3-3-4A1 of this chapter. Hauler has the right to refuse collection of recyclables improperly prepared or which contain garbage.
C. Application For License: Within sixty (60) days from the effective date hereof, and each year thereafter, each hauler shall complete and return an application for licensing as provided by the office of solid waste management with a recycling plan for areas to be served. The applicant shall comply with the provisions of this chapter pending action by the office of solid waste management on the license.
D. Renewal Of License: All haulers licensed under this chapter must complete and return to the office of solid waste management license renewal forms within thirty (30) days prior to the expiration of the hauler's current license. The office of solid waste management will provide renewal forms to the haulers sixty (60) days prior to the expiration of the hauler's current license. However, the responsibility of timely renewal is that of the hauler only.
E. Conditional License: The office of solid waste management may grant a conditional license where an application and/or recycling plan is incomplete. The conditional license shall specify the conditions upon which a permanent license will be granted and the time requirement within which the conditions specified must be satisfied. Failure to satisfy the specified conditions within the time frame required shall result in a revocation of conditional license and denial of the permanent license.
F. Accuracy Of Information: All information required by this chapter shall be complete, accurate, and submitted in a timely manner.
G. Change Of Business Operation: Hauler shall notify the office of solid waste management in writing of any change to their respective recycling plan prior to the effective date of the change.
H. Nontransferability Of License; Change In Ownership: No license is transferable; any attempted transfer of a license shall immediately void such license. Notice of change in ownership shall be filed in the office of solid waste management a minimum of thirty (30) days prior to the effective date of the change.
I. Acknowledgment, Receipt And Review Of Solid Waste Management Plan: All waste haulers licensed by the county shall receive one copy of the solid waste management plan from the county, and shall acknowledge receipt of said plan in writing. When the plan is reviewed and updated, licensed haulers will receive draft copies of the updates for their review and input.
J. Issuance Or Denial Of License:
1. Time Limit On Action: The office of solid waste management shall have thirty (30) days from the receipt of the initial license application or renewal application to issue, request modifications and clarifications or deny the license, license renewal or conditional license.
2. Notice Of Decision: The office of solid waste management shall notify the applicant in writing of its decision on a license application. If issued, the license shall be mailed by first class mail to the address provided in the application. If denied, a written decision shall be served personally or by certified mail upon the applicant at the address provided in the application.
3. Denial Of License; Appeal: A written decision of denial shall also include notice to the applicant that, if an appeal is desired, a written request for a hearing must be received by the office of solid waste management within fifteen (15) calendar days following receipt of the decision. Upon receipt of a request for hearing, the county shall set a time and place for the hearing. The hearing shall be conducted pursuant to the procedures in section 3-3-7 of this chapter.
K. License And Vehicle Registration Fees:
1. Schedule Of Fees: The following fees shall be required for each license and vehicle registration.
For each license: Fifty dollars ($50.00).
For each vehicle used in collecting or hauling garbage, municipal waste, recyclables, landscape waste, brush or other refuse: Twenty five dollars ($25.00).
2. Payment Of Fees; Exemptions: Payment of all fees must accompany the license application or license renewal application. Exempted are such vehicles owned or operated by any incorporated or unincorporated city, village or township used in hauling garbage or landscape waste to any disposal area owned or maintained by such city, village or township. Also exempted are vehicles owned or operated by waste haulers used, temporarily, to provide garbage, recycling or landscape waste collection service to their customers residing on public roads posted with weight limitations.
3. Vehicle Registration Decal: The county reserves the right to issue to each applicant or licensee a vehicle registration decal to be placed conspicuously on the outside of each vehicle so utilized by the hauler in Grundy County. Such decals may be issued annually. The number of said vehicles utilized by the hauler shall be reported in the application.
L. Recycling Plan Required: As a condition of licensing approval, each applicant or licensee shall submit a recycling plan or plans to be offered to their residential customers. The office of solid waste management shall supply the form to be used for submission of the plan(s). The recycling plan or plans shall include, but not be limited to, the following information:
1. The means, method, and venue to be employed for the collection, processing and marketing of separated material collected from occupants of residential dwelling units served.
2. Identification of specific recycling services to be employed (e.g., 18 gallon bins or 32 gallon "blue bag", etc.).
3. Expected number of households proposed to be serviced with garbage/recycling during the license year by each collection method used in subsection L2 of this section.
4. The frequency of collection of garbage, recyclables and landscape waste, length of contract where applicable and the method and frequency of billing to be used.
5. The identification of the types of recyclable material to be collected, in addition to those listed under subsection 3-3-4A1 of this chapter.
6. The provisions being offered for collection of large household items that may be landfilled including, but not limited to, discarded furniture, carpeting, mattresses, etc., generated from households. Large items including, but not limited to, pieces of furniture, mattresses, carpeting, and other similar household items are not to be included as part of the refuse limitation but accepted according to the rules set forth by the hauler servicing the household.
7. Provisions, if any, being offered for collection or disposal of items that may not be landfilled including, but not limited to, major appliances, scrap tires or other materials currently banned from landfills.
M. Reports Required: As a minimum, haulers will be required to submit quarterly reports to the office of solid waste management documenting the tonnage of waste collected, to be used for purposes of tracking the implementation progress of the solid waste management plan. The quarterly reports are due no later than sixty (60) days after the ending date of the quarter, and the following information must be reported:
1. Total tonnage of municipal waste collected by the hauler pursuant to each municipal or township hauling contract within the county. The reported tonnage shall identify the total tonnage collected in each municipality and, as possible, by geographic area within the unincorporated portions of the county.
2. The individual tonnages of various categories of recyclable material collected and recycled pursuant to each hauling contract within the county.
N. Compliance With Other Laws: The obtaining of a license herein shall not be deemed to exclude the necessity of obtaining other licenses, permits or approvals as required by applicable laws or regulations. The hauler shall at all times operate in compliance with all applicable laws, rules or regulations.
O. Suspension Or Revocation Of License:
1. Notice Of Suspension Or Revocation: Written notice of a suspension or revocation shall be served personally or by registered or certified mail upon the licensee at least fifteen (15) calendar days prior to the effective date of the suspension or revocation. The written notice shall contain the effective date of the suspension or revocation; the facts which support the conclusion that a violation or violations have occurred; a statement that if the licensee desires to appeal, a written request for a hearing must be received by the office of solid waste management within fifteen (15) calendar days following receipt of the notice; and that the request for hearing must state the grounds for appeal. If a hearing is requested, the suspension or revocation shall be stayed pending outcome of the hearing.
2. Appeal And Hearing: Upon receipt of a request for hearing, the office of solid waste management shall set a date, time and place for the hearing. The hearing shall be conducted pursuant to the procedures in section 3-3-7 of this chapter.
3. Summary Suspension Of License:
a. If the office of solid waste management finds that the public health, safety, or welfare requires immediate action, summary suspension of a license may be ordered.
b. Written notice of a summary suspension shall be by personal service upon the licensee or sent by certified return receipt mail to the licensee's business address. The office of solid waste management shall also take reasonable steps to notify the licensee by telephone prior to the summary suspension.
(1) The written notice shall state the effective date of the summary suspension; the violation(s) that has occurred; a statement that if the licensee desires to appeal, a written request for hearing must be received by the office of solid waste management within ten (10) calendar days following receipt of the notice; and that the request must state the grounds for appeal.
c. Upon receipt of a request for hearing, the office of solid waste management shall set a date, time and place for the hearing. The hearing shall be conducted pursuant to the procedures in section 3-3-7 of this chapter.
d. The summary suspension shall not be stayed pending an appeal. (Ord. 05-009, 5-10-2005)