(A) Generally. No person shall knowingly dispose of waste, collected from residential dwelling units in the county, without recyclables first being removed. An exception to this is waste collected from residential dwelling units within a municipality or township that has entered into a written agreement with the county as provided in § 112.15(A)(1) or (A)(2).
(B) Licenses required.
(1) Generally. No person or company shall engage in the business of collecting or hauling garbage, municipal waste, recyclables or other refuse from sites within the county, or to a disposal site within the county, without first procuring a license to do so from the county. Such license shall be valid for one year beginning June 1.
(2) Application.
(a) The county shall prepare and make available to all haulers an application form for vehicle licenses. The application shall include the following information:
1. Name of business operating vehicles;
2. Name of manager of business;
3. Name and address of the person designated as the legal representative of the firm (that is, owner, president);
4. Address and telephone number of business;
5. Year, make and model of each vehicle;
6. Type of each vehicle (that is dump truck, packer, pickup and the like);
7. Vehicle identification number, license plate number, and fleet number for each vehicle;
8. Weight of each vehicle;
9. Capacity of each vehicle in cubic yards and tons; and
10. Such other information as the county shall deem appropriate or necessary.
(b) The licensee shall notify the county in writing within 30 days following a change in any information contained in the license application.
(c) The completed license application shall be accompanied by a material separation plan in accordance with division (B)(8) below.
(3) License renewal. The county shall provide license renewal forms to each hauler within 60 days prior to the expiration of the contractor’s current license. License renewal forms shall be completed and received by the county 30 days prior to the expiration of the contractor’s current license.
(4) Conditional license. The county may grant a conditional license where an application and/or material separation 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 must be met. Failure to comply with the conditions specified shall result in a revocation of the conditional license and denial of the permanent license.
(5) Issuance or denial.
(a) The county shall have 30 days from the receipt of the license or renewal application to issue or deny the license, license renewal or conditional license. The county will issue a temporary license valid for 30 days upon its failure to act upon the application within 30 days.
(b) The past history of the applicant, in terms of compliance with this chapter, will be considered for purposes of issuance or denial of the license. The county shall notify the applicant in writing of its decision. 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 by certified mail upon the applicant at the address provided in the application.
(c) A license denial shall provide written notice stating the basis for the denial and shall provide notice to the applicant that if an appeal is desired, a written request for a hearing must be received by the county within 15 calendar days following service. 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 § 112.32 of this chapter.
(6) License and vehicle registration fee.
(a) The annual fee per vehicle shall be $60, and shall be paid in the following manner: $60 to the Building and Zoning Department.
(b) Payment of all fees must accompany the license application/renewal and material separation plan.
(c) Vehicles owned and operated by municipalities or townships are exempt from the fee but not from licensing or reporting.
(7) Displaying of license. A copy of the permit shall be carried at all times in the hauling vehicle and the sticker shall be displayed in the upper right hand corner of the windshield.
(8) Material separation plan, information required. As a condition of licensing and on a form supplied by the county, each applicant or licensee shall submit a material separation plan with the license application to the county for approval. The plan shall demonstrate the means, methods and the like, to permit the separation of recyclables from the solid waste stream. Each material separation plan shall contain:
(a) The means and methods employed to collect, process and market those separated materials from occupants of residential dwelling units as required under § 112.15 of this chapter;
(b) The identification of specific recycling services to be employed (that is curbside services);
(c) Number of households proposed to be served during the license year by each collection method used in division (B)(8)(b) above, and the frequency of collection for each method;
(d) Identification of the types of recyclable material to be collected in accordance with, or beyond that required for separation under § 112.15 of this chapter; and
(e) A description of the method and materials which will be used to explain to each customer the number of materials to be collected, material preparation instructions and frequency of service.
(9) Reporting. On or before July 31 and January 31 of each year, each licensee shall submit a written report, on forms provided by the county, on its recycling service operation during the previous six months (January 1 through June 30; July 1 through December 31). Failure to submit such a report shall constitute a violation of this chapter and will result in suspension or revocation of the license. This report shall contain:
(a) The total tonnage of municipal waste collected in the county;
(b The total tonnage of recyclable material collected in the county, by commodity, in each sector (that is municipal residential by community, unincorporated residential, multi-family and commercial); and
(c) The total tonnage of landscape waste collected for land application and/or composting.
(C) Collection of recyclables. Collection of recyclables from all dwelling units shall be by a hauler duly licensed by the county under this chapter, selected by the occupant of the premises or by a manager of such premises, or by an association governing such premises, or by a municipality or township, or by franchise awarded by a municipality or township.
(1993 Code, § 112.11) (Ord. 94-09, passed 7-20-1994; Ord. 2024-01, passed 3-5-2024) Penalty, see § 112.99