(a) The Director of Public Service may deny or refuse to issue, re-issue or renew a registration certificate required for the operation of a solid waste enterprise for any one or more of the following reasons:
(1) The applicant employs a material falsification of information in order to induce the issuance, re-issuance or renewal of the certificate of registration. The occurrence of the falsification shall constitute a presumption that it was made with the intent to induce the issuance, re-issuance or renewal of the certificate. The falsification may be either by verbal utterance or in written form in order to become operative under this paragraph.
(2) The applicant has violated a provision of this chapter on at least three separate occasions in the calendar year next preceding the year for which the application for the issuance, re-issuance or renewal of the certificate is sought, or the applicant has violated a provision of this chapter on at least six separate occasions during any three-year period next preceding the year for which the application for the issuance, re-issuance or renewal of the certificate is sought.
(3) The applicant has been convicted of any criminal offense specified in this chapter or has had a previous registration certificate suspended or revoked as provided in this section.
(4) The applicant has, by conduct or other stated intentions, indicated an unwillingness to comply with and obey the provisions of this chapter.
(5) The applicant is unable to present, by a simple preponderance, evidence that he or she is financially and otherwise capable of meeting all minimum requirements of this chapter.
(b) The Director of Public Service may suspend or revoke a registration certificate required for the operation of a solid waste enterprise for any one or more of the following reasons:
(1) The certificate holder is determined to have employed a falsification of information in order to induce the issuance, re-issuance or renewal of the certificate which he or she currently holds. The occurrence of such a falsification shall constitute a presumption that it was made with the intent to induce the issuance, re-issuance or renewal of the current certificate. The falsification may have been either by verbal utterance or in written form in order to become operative under this paragraph.
(2) The certificate holder has violated a provision of this chapter on at least three separate occasions in the 12-month period immediately preceding the date upon which consideration is given to the suspension or revocation of the current certificate, or the certificate holder has violated a provision of this chapter on at least six separate occasions during the three-year period immediately preceding the date upon which consideration is given to the suspension or revocation of the current certificate.
(3) The certificate holder has been convicted of any criminal offense specified in this chapter during the period of time for which the current certificate has been issued, re-issued or renewed.
(4) The certificate holder has, by conduct or stated intentions, indicated an unwillingness to continue to comply with and obey the provisions of this chapter.
(5) The certificate holder becomes unable to present, by a simple preponderance, evidence that he or she is financially and otherwise capable of continuing to meet all minimum requirements of this chapter.
(Ord. 82-63. Passed 6-7-82; Ord. 14-20-A. Passed 8-4-14.)