(A) Permit requirements. No person, firm or legal entity shall engage in the business of temporary collection service within the city’s corporate limits without a permit secured from the Enterprise acting by and through its General Manager. A separate permit is required for each site location and address.
(B) Insurance requirements. No permit shall be issued to a temporary service collection provider until and unless the applicant, in addition to all other requirements set forth, files and maintains with the Enterprise acting by and through its General Manager, evidence of liability insurance and motorist coverage in amounts required by applicable state or federal law or regulation.
(C) Permit application. The application required herein shall be on a form specified by the Enterprise acting by and through its General Manager. Each applicant for any such permit shall state in the application the following:
(1) Name and address of the applicant and whether business is a sole proprietorship, corporation, or partnership, limited liability company or other entity, with disclosure of the ownership interests;
(2) The number of employees and vehicles to be operated thereunder, together with a description showing that each such vehicle meets the requirements of this chapter;
(3) The location or locations of solid waste disposal facilities or solid waste processing facilities to be used, for the receipt of materials not accepted by the facility operated by the Enterprise including the facility name, permit number, anticipated volume, and types of building material to be disposed or processed; and
(4) The application shall include a certification as follows:
“I hereby certify that all of the information contained in this application is true and accurate. I understand that penalties for violation of this permit may include fines of $25 to $1,000 per day, per occurrence, and injunctive relief.”
(D) Permit issuance. The permittee shall allow the General Manager of the Enterprise, or his or her designee, to inspect any and all facilities, equipment and vehicles to be operated pursuant to any provision contained in this chapter to ensure information contained in the application is accurate. If the application shows the applicant will collect, transport, dispose of, or process building material without hazard to the public health or damage to the environment and in conformity with the laws of Kentucky and all provisions contained in this chapter, the General Manager of the Enterprise, or his or her designee, shall issue the permit authorized by this chapter. If modifications can be made to a rejected application regarding service, equipment or mode of operation to bring the application within the requirements of this chapter, the General Manager shall notify the applicant in writing setting forth the modification to be made and the time in which it must be done. The temporary collection service permit required by this chapter is in addition to the City of Hopkinsville privilege license fee.
(E) Application denial. If the applicant does not make the modifications pursuant to the notice in division (D), within the time limit specified therein or if the application does not clearly show that the collection, processing, or transportation of building material will not create a public health hazard or be without harmful effects to the environment, the application shall be denied and the applicant notified by the General Manager in writing, stating the reason for such denial. Nothing in this section shall prejudice the right of the applicant to reapply after the rejection of their application provided that all aspects of the re-application comply with the provisions of this chapter.
(F) Duration. The permit may not extend in duration of more than 12 consecutive calendar months following the date of issuance. If modifications have been made, the applicant shall reapply for a permit as set forth in divisions (C) and (D). No permits authorized by this chapter shall be transferable from company to company or person to person.
(G) Inspections. In order to ensure compliance with the laws of Kentucky, this chapter, and the rules and regulations authorized hereunder, the General Manager is authorized to inspect all phases of solid waste management within the city’s corporate limits.
(H) Permit suspension. In the event a permittee has not taken corrective measures within the time specified, the General Manager shall suspend or revoke the permit or permits involved in the violations. Where an extension of time will permit correction and no public health hazard is created by the delay, one extension of time not to exceed the original specified correction time period, may be given by the General Manager.
(I) Injunctive relief. If a permit is revoked and the responsible party continues to operate without a valid permit, or if anyone violates any provision contained in this chapter or any regulation issued hereunder, the General Manager may, in addition to other actions authorized herein, seek injunctive or other relief in an appropriate court.
(J) Permit conditions. The following conditions shall apply to each permit issued under the provisions contained in this chapter:
(1) No property rights - the permit granted by this section does not constitute the grant of any property right to the permittee, and the permit may not be assigned or transferred.
(2) Monitoring - the permittee shall take necessary precautions to ensure wastes prohibited by any provision contained in this chapter are not delivered to any transfer station nor to the Hopkinsville Landfill for purposes of disposal.
(3) The permittee shall secure and maintain in good standing, a privilege license as issued by the City of Hopkinsville.
(4) The permittee shall provide for each permit issued, a monthly report due on or before the 5th day of each calendar month identifying the number of tons of building material collected from the permitted site for the preceding calendar month, the nature and description of collected building material and the method and location of disposal.
(5) All materials collected by a permittee, pursuant to this chapter, shall be disposed of at the disposal facility operated by the Enterprise.
(Ord. 06-2012, passed 8-7-2012)