(A) Pursuant to G.S. § 153A-136(a)(3), the Board may grant a license to any person, firm, or corporation to engage in the collection and transportation of solid wastes. The Board may additionally grant general or exclusive franchises to those licensed or permitted under this chapter. The exclusive right to collect and transport solid wastes for compensation within the entire county or specified areas of the county may be granted in order to prohibit any non-franchised persons, firms, or corporations from engaging in the same service within the area where the exclusive right has been granted. The franchise license and permit shall be displayed at the place of business.
(B) The county may charge a license fee after an application is submitted and approved for licensing.
(C) No person may be issued a franchise by the Board unless he or she holds a license to engage in the business of solid waste collector issued by the county.
(D) Applications for franchises shall be filed with the County Manager, or his or her designee, through the Solid Waste Manager or designee, on forms prescribed by the County Manager, and shall include a copy of the applicant’s license application to the Solid Waste Manager and any other information the County Manager deems pertinent.
(E) The County Manager may grant a franchise only upon finding that the applicant will render prompt, efficient, and continuing service to the area for which the franchise is granted, and that the applicant has sufficient equipment and personnel to render service to all persons generating solid wastes within the service area.
(F) The County Manager shall determine the area for which a franchise is granted.
(G) No person may engage in the business of solid waste collection unless that person holds both a franchise and a license issued by the county authorizing the collection and transportation of solid wastes.
(H) The Board shall have the authority pursuant to G.S. § 153A-136(a)(4) to approve all rates charged by solid waste collectors prior to granting a franchise. The Board may classify rates according to the type of service provided (residential, commercial, institutional, or industrial collection), so that reasonable compensation may be provided in accordance with the public interest. Rate schedules may be amended no more than once a year (annually) and must receive Board approval prior to implementation.
(I) A franchise shall be for a minimum term of one year, but may be granted for up to three years in accordance with G.S. § 153A-136(a)(3), and may be renewable.
(J) A solid waste collector franchised under this chapter shall present to each prospective customer, in advance of any agreement with that customer, a schedule of rates as authorized by this chapter. All solid wastes shall be removed from the customer’s premises at least once a week, provided the customer is no more than 30 days in arrears in payment of the required collection charges.
(K) The Board may grant temporary franchises for the collection, transportation, or disposal of solid wastes to provide service in the event of abandonment of an existing franchise or for other causes.
(L) Notwithstanding any other provision of this chapter, the Board may grant non-exclusive franchises for the collection of commercial, industrial, institutional, and construction and demolition wastes throughout the county.
(M) All disputes regarding the granting of a franchise and disagreements concerning franchised areas shall be determined by the Board.
(N) No franchise issued pursuant to this chapter is assignable without the prior consent of the Board.
(O) A solid waste collector granted a franchise under this chapter shall give 30 days’ written notice to the county before abandoning the franchise.
(P) The Board may terminate or suspend any or all portions of a franchise for any of the following reasons:
(1) Loss of the franchisee’s license to operate as a solid waste collector;
(2) Failure of the franchisee to comply with the authorized fee schedule;
(3) Failure of the franchisee to render prompt and effective services to persons within the service area;
(4) Failure of the franchise to comply with any provision of this chapter or applicable regulations of the North Carolina Department of Environmental Quality.
(Q) During a natural emergency, the county reserves the right to suspend a franchise license or portion thereof, for a period of 30 days in order to meet specific conditions of the natural emergency.
(Ord. passed 9-18-2017)