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(a) Required. An annual permit, as provided for in this chapter, is required for any collector as defined in Section 1084.02. No person shall engage in business within the County as a collector and transporter of solid waste or recyclable material, or conduct any portion of the operation of such business within this County, without a valid permit issued in accordance with this chapter. For previously permitted collectors, a new permit must be obtained prior to March 31 of each year, and any permit issued shall be valid from March 31 of the current year to March 31 of the following year. For a person that does not already have a permit, a new permit may be obtained at any time, but such permit may not be issued for a period of more than one year and shall be valid from the date of issuance to March 31 following the date of issuance.
(b) Exemptions. The permitting requirements contained in this chapter shall be deemed not applicable to the following uses and activities. Such uses and activities, however, shall be subject to the provisions set forth in Section 1084.05.
(1) No permit shall be required for any person, collector, or collection vehicle that solely collects and transports solid waste that is generated outside Loudoun County.
(2) No permit shall be required for any person or collector that solely collects solid waste or recyclable material from an approved facility or recycling facility for purposes of transporting such solid waste or recyclable material to a location outside Loudoun County.
(3) No permit shall be required for any collector or collection vehicle that solely collects and transports debris waste and vegetative waste, provided that such waste is not mixed with other types of solid waste. This exemption shall not apply to source- separated yard waste or that part of the vegetative waste stream that is source- separated and intended for ultimate disposition as a recycled material.
(4) No permit shall be required for any collector or collection vehicle that solely collects and transports inert waste, provided that the inert waste is not mixed with other types of solid waste. This exemption shall not apply to inert waste that is construction waste or demolition waste.
(c) Application. Every person desiring a permit under this chapter shall submit a written application to the Director in the format specified by the Director. An application for a permit shall not constitute authorization to provide collection services pending action on the request. A previously permitted collector shall submit an application for a permit between January 15 and February 15 of the calendar year that the existing permit expires. Any person that does not already have a permit may apply for one at any time. The applicant shall provide sufficient information and documents to ensure that such applicant is capable of lawfully providing collection services and recycling services in accordance with this chapter. At a minimum, an application for a permit shall include:
(1) Business name, business address, mailing address, and telephone number;
(2) Type of business (sole proprietor, partnership, corporation, etc.);
(3) Name of business owner(s) or principal official;
(4) Name of parent company (if applicable);
(5) Location (street address and city) of collection vehicle parking and collection container storage (if applicable);
(6) Geographic areas within the County that the applicant serves;
(7) The number of residential and nonresidential customers served;
(8) The frequency of collection (regular collection schedule);
(9) The weather conditions and holidays for which service shall be suspended and the collection schedule thereafter;
(10) The number and types of collection vehicles to be used;
(11) Certification of vehicle insurance, inspections, and licensure;
(12) Statement of collection services to be provided to all customers;
(13) Statement of recycling services to be provided to all customers, as applicable;
(14) Any other additional reasonable information deemed necessary by the Director for the administration of this chapter.
(d) Fees. An application for a permit shall be accompanied by a fee of ten dollars ($10.00) per collection vehicle for any minor collector and thirty dollars ($30.00) per collection vehicle for any major collector. The fee shall be paid for each collection vehicle to be used by the applicant in providing collection services or recycling services in Loudoun County. The annual license fee shall not be prorated. The applicant shall pay all required fees prior to issuance of a permit. Failure to submit any required fees shall result in an incomplete application and denial of a permit by the Director. The fee shall be waived for any County or Town-owned and/or operated collection vehicle.
(e) Action on Application. Within thirty days of receipt of a permit application as set forth in subsection 1084.06(c), a permit shall be issued or denied by the Director. The Director shall issue a permit upon a satisfactory finding that the applicant has complied with the provisions of this chapter. The permit issued shall indicate an assigned registration number for each collection vehicle covered by such permit. If a permit application is denied, the reasons for denial of the permit application shall be stated, in writing, to the applicant. Upon receipt of an amended application, the Director shall issue a permit upon finding that the applicant has addressed the reasons for the initial denial and demonstrated compliance with the provisions of this chapter. If an applicant does not submit an amended application within ninety days of the date of denial, the application shall expire at the close of the next business day.
(f) Numbering of Vehicles. As a part of permit issuance, the Director shall assign and provide to all collection vehicles covered by the permit a registration number that shall be permanently affixed by the applicant to a location specified by the Director. In the event that a collection vehicle covered under a permit is discontinued from service or sold, the registration number for that collection vehicle shall be returned to the Director within fourteen days from the date of sale or discontinuance from service. It shall be unlawful for a collector to transfer a registration number to another person, collector, or collection vehicle without prior written approval from the Director.
(g) Expiration. All permits issued under this chapter are valid for a period of not more than one year and, regardless of the date of permit issuance, shall expire on March 31 following the date of issuance.
(h) Amendment. A valid permit in good standing may be amended by the Director to include the addition or deletion of any collection vehicle(s) provided that such addition or deletion does not change the status of the collector from a minor collector to a major collector or vice versa. Any request by a permitted collector for such an amendment must be made in writing to the Director and submitted along with the vehicle information and documentation required under subsection 1084.06(c) and the applicable fee as provided for in subsection 1084.06(d). The Director shall approve or deny any such request for a permit amendment within fourteen days of receipt of the request. An application for a permit amendment shall not constitute authorization to provide collection services or recycling services using a collection vehicle that has not been issued a registration number pending action on the request.
(i) Compliance. Solid waste collection services and recycling services shall be performed in strict conformity with the permit and all other applicable County, State, and Federal regulations. Collection services or recycling services shall not occur prior to receipt of a permit issued by the Director or continue after expiration of a permit.
(Ord. 02-09. Passed 5-20-02.)