(A) No person, including any person contracting with the city for the collection of solid waste, shall engage in the business of collecting, transporting, processing, or disposing of solid waste within the corporate limits of the city, without first obtaining an annual permit therefor from the city; provided however, that this provision shall not be deemed to apply to employees of the holder of any such permit. Permits shall be approved by the Director.
(B) No such permit shall be issued until and unless the applicant therefor, in addition to all other requirements set forth, shall file and maintain with the with city evidence of a satisfactory public liability insurance policy, covering all operations of such applicant pertaining to such business and all vehicles to be operated in the conduct thereof in the amount of $1,000,000 aggregate, $500,000 per incident, and $100,000 for damage to property. Such policy may be written to allow the first $1,000 of liability for damage to property to be deductible. Should any policy be canceled, the city shall be notified of such cancellation by the insurance carrier in writing not less than ten days prior to the effective date of such cancellation and provisions to that effect shall be incorporated in such policy. Any sub-contractor shall provide insurance coverage in like amount as is required of the contractor.
(C) Each applicant for any such permit shall state in his or her application therefor:
(1) The nature of the permit desired, as to collect, transport, process, or dispose of solid waste or any combination thereof;
(2) The characteristics of solid waste to be collected, transported, processed, or disposed;
(3) The number of solid waste transportation vehicles to be operated thereunder;
(4) The precise location or locations of solid waste processing or disposal facilities to be used;
(5) Boundaries of the collection area;
(6) If for processing or disposal, a copy of a permit issued by the state; and
(7) Such other information as required by the city.
(D) If the application shows that the applicant will collect, transport, process, or dispose of solid wastes without hazard to the public health or damage to the environment and is in conformity with the laws of the state and this chapter and is approved by the city, the Director shall issue the permit authorized by the ordinance. Permits shall be issued for a period of one year, and each applicant shall pay therefor a fee of $25 for each solid waste processing or disposal facility to be operated and a fee of $2 for each transportation vehicle to be used. If in the opinion of the Director, modifications can be made to the application regarding service, equipment, or mode of operation, so as to bring the application within the intent of this chapter, the Director shall notify the applicant in writing setting forth the modification to be made and time in which it shall be done.
(E) If the applicant does not make the modifications pursuant to the notice in division (D) above, within the time limit specified therein, or if the application does not clearly show that the collection, transportation, processing, or disposal of solid wastes will not create a public health hazard or be without harmful effects on the environment, the application shall be denied and the applicant notified by the Director, in writing, stating the reason for such denial. Nothing in this section shall prejudice the right of the applicant to reapply after the rejection of his or her application, provided that all aspects of the reapplication comply with the provisions of this chapter.
(F) The annual permit may be renewed simply upon payment of the fee or fees as designated herein if the business has not been modified. If modifications have been made, the applicant shall reapply for a permit as set forth in divisions (B) and (C) above. No permits authorized by the ordinance shall be transferable from person to person.
(G) In order to ensure compliance with the laws of this state, this chapter, and the rules and regulations authorized herein, the Director is authorized to inspect all phases of solid waste management within the city. No inspection shall be made of any residential waste unit unless authorized by the occupant or by due process of law. In all instances where such inspections reveal violation of this chapter concerning processing or disposal of solid waste or the laws of the state, the city shall issue notice for such violation stating therein the violation or violations found, the time and date, and the corrective measure to be taken together with the time in which such corrections shall be made.
(H) In all cases, when the corrective measures have not been taken within the time specified, the city shall suspend or revoke the permit or permits involved in the violation; however, in those cases where an extension of time will permit correction and there is not a public health hazard created by the delay, one extension of time not to exceed the original time period may be given.
(I) Any person who feels aggrieved by any notice of violation or order issued pursuant thereto of the Director may, within 30 days of the act for which redress is sought, appeal directly to the County Circuit Court, in writing, setting forth in a concise statement the act being appealed and the grounds for its reversal.
(J) All motor vehicles operating under any permit required by this chapter shall display the number or numbers on each side in colors which contrast with that of the vehicle, such numbers to be clearly legible and not less than two inches high. Each permit for processing or disposal facilities shall be prominently displayed at the facility.
(Prior Code, § 230.060) (Ord. 175, passed 12-14-1974; Ord. 388, passed 12-3-2008)