(A) Definitions. The following words, terms and phrases, shall have the meanings ascribed to them in this division (A), in the interpretation and enforcement of this section.
(1) BOARD. The Kill Devil Hills Board of Commissioners.
(2) COLLECTION. The act of removing solid waste to the transfer stations or the facility.
(3) FACILITY. The East Carolina Environmental Landfill in Bertie County, North Carolina.
(4) PERSON. Any individual, corporation, company, association, partnership, unit of local government, state agency, federal agency or other legal entity.
(5) SOLID WASTE. Any solid wastes that may be disposed of in sanitary landfills, including, without limitation, garbage, refuse, trash and other discarded material, whether from residential, commercial, industrial or institutional sources, which wastes are typically found in household, commercial or municipal refuse.
(6) SOLID WASTE COLLECTOR. Any person who collects, transports or disposes of solid wastes for compensation, other than one who removes solid waste from his own premises.
(7) SOLID WASTE LICENSE or LICENSE. A license for the collection, transportation and disposal of solid waste pursuant to division (B) of this section.
(8) TRANSFER STATIONS. The following three transfer stations: Chowan/Gates/Perquimans Counties Transfer Station, Currituck County Transfer Station and Dare County Transfer Station.
(B) Solid waste license required. It shall be unlawful for any person to engage in business as a solid waste collector within any area of the town, without first having procured a solid waste license from the Board or its authorized representative. All solid waste collectors within the town shall dispose of all solid waste generated within any area of the town at the facility or the transfer stations.
(C) Application, issuance, revocation of license.
(1) Application. All applicants for solid waste licenses shall file a written application with the Board's authorized representative and shall furnish the following information:
(a) The name and address of the applicant, and whether the applicant is a sole proprietorship, corporation, partnership or other entity;
(b) A list of the collection vehicles the applicant plans to use in the town; and
(c) Any other information the Board's authorized representative may reasonably request.
(2) Five-year license. Solid waste licenses shall be issued for five-year periods. Licenses may be renewed with the information designated in division (C)(1) of this section being presented to the Board's authorized representative at least 30 days prior to the expiration of the existing and valid license.
(3) Selection of applicants; granting of licenses. The Board's authorized representative shall review applications for solid waste licenses and license renewals, and shall issue licenses and renewals to applicants meeting the requirements of this section.
(4) Investigation of solid waste collectors prior to license issuance. Before issuing a license pursuant to this section, the Board's authorized representative may inspect the facilities, equipment and solid waste collection vehicles the applicant plans to use in the solid waste collection business.
(a) The Board's authorized representative shall issue the applicant a license when the Board's authorized representative determines that the application is complete and the applicant is in compliance with this section.
(b) When a license is issued to a solid waste collector, the solid waste collector shall affix a sticker indicating that the solid waste collector has a valid license to all of its solid waste collection vehicles that are to be operated in the town. The Board's authorized representative shall issue stickers to the solid waste collector at the time the license is issued. Licensees may obtain additional stickers from the Board's authorized representative.
(c) If the Board's authorized representative denies an applicant a license, the applicant may request a hearing before the Board by giving written notice of appeal to the Town Manager within five working days of receipt of the Board's authorized representative's decision denying the license. After a hearing on the appeal, the Board shall either affirm the denial or direct the Board's authorized representative to issue the license.
(5) Revocation. When the Board's authorized representative finds that a licensee has violated this section or the conditions of the license, the licensee shall receive written notice of the violation and be informed that if another violation occurs within 30-working days, or in the case of continuing violation if it is not corrected within ten-working days, the license will be revoked. If another violation occurs within the 30-working day period, or if the continuing violation is not corrected within ten-working days, the Board's authorized representative shall give the licensee written notice that the license is revoked. Upon receipt of the revocation, the licensee shall cease collecting, transporting or disposing of solid wastes in any area of the town immediately. The Board's authorized representative may reinstate a revoked license after the revocation has been in effect for 30-working days if the Board's authorized representative finds that the conditions causing the violation have been corrected. A licensee whose license has been revoked may appeal the revocation to the Board by giving written notice of the appeal to the Board's authorized representative within five working days of receiving notice of revocation from the Board's authorized representative. After a hearing on the appeal, the Board shall either affirm the revocation or direct the Board's authorized representative to reinstate the license.
(D) License fee. The licensee shall pay to the town or its authorized representative, the sum set by the designated representative, not to exceed $50, for the issuance of the license, and the sum of $1 for each sticker to be affixed to each solid waste collection vehicle.
(E) Non-transferability of licenses. Solid waste licenses are non-transferable and non-assignable.
(F) Responsibilities of licensee.
(1) The licensee shall serve every person who contracts with it for solid waste collection in such a manner that the licensee does not cause the person to be in violation of this section.
(2) The licensee shall dispose of all solid waste generated within any area of the town at the facility or the transfer stations.
(3) A licensee shall submit an annual report to the Board's authorized representative containing the following information:
(a) A list of the collection vehicles the licensee used in the town during the reporting year;
(b) The total amount of solid waste collected in the town and the locations where the solid waste was disposed of during the reporting year;
(c) A certification that all solid waste the licensee collected in the town was disposed of at the facility or the transfer stations; and
(d) Any other information the Board's authorized representative may reasonably request.
(G) Enforcement.
(1) Penalty. Any person who is found in violation of this section shall be subject to a civil penalty of not to exceed $500 as provided in G.S. § 153-123. Each day's violation shall be treated as a separate offense.
(2) Remedies. This section may be enforced by equitable remedies, and any unlawful condition existing or in violation of this section may be enforced by injunction and order of abatement in accordance with G.S. § 153A-123.
(Ord. 09-12, passed 7-13-09)