A collector operating under a SWMA or a NEFA shall comply with the following conditions:
(a) A collector shall produce all vehicles or other equipment used to collect or transport discarded materials for inspection at a time and place the Director designates.
(b) A collector shall obtain and keep in effect the insurance coverage and limits required by its SWMA or NEFA. A collector shall file with the Director a copy of each insurance policy or certificate of insurance evidencing a policy prior to the Director approving a SWMA or NEFA. Each policy shall contain provisions naming the County of San Diego as an additional insured and require that the insurance carrier give the Director notice of cancellation in accordance with the insurance policy provisions.
(c) The Director may suspend or revoke a SWMA or NEFA when the Director determines the collector has violated any provision of the SWMA or NEFA, this chapter, any State or federal law, or any rule or regulation promulgated by the Board, State, or federal agency with oversight responsibility, or the Director relating to the collection or transportation of discarded materials.
(d) If the Director determines that a collector's conduct warrants suspension or revocation of a SWMA or NEFA, as provided in subsection (c) above, the Director shall serve a written notice on the collector personally, or by certified or registered mail at the last address provided by the collector. When the Director serves notice by certified or registered mail, the notice shall be deemed received on the date the United States Postal Service first attempts to deliver the notice at the last address provided by the collector as shown on the collector's most-recently executed SWMA or NEFA, whether or not the collector actually receives the notice on the attempted delivery date. The collector shall cease operations within 10 days after the collector receives the notice unless the Director has reinstated the agreement or the collector has requested a hearing before the County Appellate Hearing Board. In the case of an appeal, the collector may continue to operate until the County Appellate Hearing Board renders a decision. The County Appellate Hearing Board shall mean and refer to the appellate hearing board or body specified by Section 16.101 et seq. of the County Code.
(e) A request for a hearing to contest the suspension or revocation of a SWMA or NEFA shall be made in writing to the Clerk of the Board within ten (10) days after the collector receives the notice described in subsection (d). The hearing shall be scheduled within thirty (30) days following the appointment of the hearing officer pursuant to Section 16.103 of the County Code. Written notice of the time, date, and place of the hearing shall be given in accordance with Section 16.103 the County Code. The County Appellate Hearing Board shall render its decision within five (5) days after the close of the hearing in accordance with Section 16.106 of the County Code and its decision shall be final.
(Amended by Ord. No. 7920 (N.S.), effective 7-11-91; amended by Ord. No. 8790 (N.S.), effective 4-29-97; amended by Ord. No. 8866 (N.S.), effective 1-6-98; amended by Ord. No. 9495 (N.S.), effective 9-13-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10253 (N.S.), effective 3-8-13; amended by Ord. No. 10729 (N.S.), effective 6-4-21)