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(a) The Director may negotiate and execute a NEFA with an applicant if the Director finds that the applicant meets the requirements of this chapter and that it is in the public interest to approve the application. The Director may approve the application in whole or in part.
(b) The NEFA shall be in a form approved by the Board.
(c) If the Director rejects an application, in whole or in part, the applicant may appeal the Director's decision to the County Appellate Hearing Board as provided in section 68.540(e).
(d) On appeal, the County Appellate Hearing Board may sustain the Director's decision or overrule the decision and direct the Director to enter into a NEFA with the applicant. The County Appellate Hearing Board may recommend as a condition of approval that the NEFA be subject to conditions; provided, those conditions do not materially alter the Board-approved NEFA form and are in conformance with this Chapter. The Appellate Hearing Board shall deny the appeal if material amendments to the NEFA or amendments to this Chapter would be required.
(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
A collector operating under 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 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 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 NEFA when the Director determines the collector has violated any provision of the 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 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 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 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; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) A NEFA shall be issued for an initial term of 10 years. The agreement shall be extended for an additional year on each anniversary date of the agreement, subject to the Director determining that the collector is substantially complying with the agreement, unless otherwise terminated in accordance with the NEFA. This section 68.541(a) shall not apply to NEFAs for C&D Collectors.
(b) A NEFA for C&D collectors shall be issued for an initial term of 3 years, and may be extended, at the County's option, in one or more increments of 3 years.
(c) On the anniversary date of the commencement of the NEFA, and at the request of either party, County and Collector shall meet and confer to revise the terms of the Agreement. If Collector does not agree with revised terms of the Agreement, then Collector may request 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.
(d) A request for a hearing pursuant to subsection (c) above shall be made in writing to the Clerk of the Board within ten (10) days after the parties meet and confer to discuss revised terms. 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 of 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.
(Added 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. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) A collector granted a NEFA pursuant to this chapter shall pay a solid waste management agreement fee to the County during the term of the agreement. The fee shall be assessed from the date on which the NEFA becomes effective or the effective date identified in the resolution establishing the solid waste management agreement fee, whichever is later. The NEFA fee shall be in the amounts and in the manner provided by the Board by resolution. The Board may modify the fee at any time during the term of the NEFA. Fees the County collects pursuant to this section shall be expended by the County for solid waste, recyclable materials, organic waste, construction and demolition debris services and activities in the unincorporated area of the County only and shall not be used by the County for County- wide services or activities. Any fees due by a collector to the County pursuant to this section shall be in addition to any license fee or business tax prescribed by the County for the same period.
(b) The County may bring an action against a collector in any court of competent jurisdiction for a collector's failure to pay the solid waste management agreement fees due the County under this section.
(Added 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. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
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