Applications for a health and safety permit to collect, transfer, or remove refuse, garbage or nondomestic wastes shall be made to DEHS upon forms provided by DEHS, shall be accompanied by an application fee, and shall contain the following information:
(a) The name, business address, permanent home address, business and 24-hour emergency phone number(s) of the applicant;
(b) The owner(s) of the garbage hauling, nondomestic waste hauling or refuse collection and transportation operation. If a joint venture, partnership, or limited partnership, the name of all participants and/or partners. If a corporation or limited liability company, the name of each officer and manager, the nature of their office or participation, and the name and address of the agent for the service of process;
(c) The location of all proposed facilities that will be used;
(d) Trade and firm names under which the applicant operates;
(e) Proof that the applicant owns or controls adequate collection vehicles and other necessary equipment in good mechanical condition to adequately conduct the proposed refuse collection and transportation business. The applicant shall provide a list of the number and types of vehicles to be used in the collection and/or transportation of refuse;
(f) Proof that the applicant owns or has access to suitable facilities for maintaining the collection vehicles and other necessary equipment in a clean and sanitary condition. Applicant shall also provide adequate off-road parking for the refuse vehicles;
(g) Proof that the applicant’s refuse, garbage or nondomestic waste collection vehicles and equipment conform to all applicable provisions of this Article;
(h) A list of the types of materials the applicant proposes to collect/transport;
(i) Proof that the applicant possesses the necessary insurance policies which, at minimum, comply with the requirements of this Article;
(j) Indemnification. Separate and distinct from the insurance provisions required by this Division, each permittee shall appear and defend (with counsel approved by County) all actions against the Department and the County, and the permittee agrees to defend, indemnify, and hold the County and/or its officers, agents, volunteers and employees harmless from and against, any and all claims and demands, causes of action of every kind and description, damages, liabilities, costs or expenses for any damages or injuries to any person or property, including, but not limited to, injury to permittee’s officers, agents, or employees which arise directly or indirectly from or are connected with or are caused or claimed to be caused by acts, errors or omissions of permittee, or its officers, agents, or employees, in exercising its rights or in performing its duties under its permit or under this Division, and all costs and expenses of investigating and defending against same; except to the extent such indemnification is prohibited by law.
(k) Insurance. The permittee shall obtain and keep in force during the term of said permit, comprehensive general and vehicular liability insurance of at least $1,000,000.00 combined single limits for bodily injury and property damage, and a program of Workers’ Compensation Insurance or a state-approved Self-Insured Workers’ Compensation Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California including employer’s liability with $250,000.00 limits covering all employees of the permittee. The County of San Bernardino shall be named as an additional insured on all policies except Workers’ Compensation and all policies shall contain a provision requiring written notice to be given to DEHS prior to cancellation, modification, or reduction of limits. A permittee shall furnish DEHS, prior to expiration or termination of the period covered by premium payment when renewal is automatic, evidence of renewal and of full payment of the premium on required insurance coverage. Nonreceipt by DEHS of this information shall result in the insurance policy being considered to be expired and justification for the suspension, revocation or cancellation of the permit in the manner set forth in this Article and Chapter 2 of Division 3 of Title 3 of the San Bernardino County Code.
Insurance Review. The above insurance requirements are subject to periodic review by the County. The Risk Manager of the County of San Bernardino is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, the Risk Manager is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County’s risk.
(l) Permittee shall not be required to maintain separate policies of insurance for any type of insurance required under this Section, any other Section of this Chapter or under Division 6 of Title 4 of this Code. However, the permittee must maintain the level of insurance which is the higher of that required in this Chapter or Division 6 of Title 4 of this Code and must obtain and maintain insurance coverage which satisfies all of the provisions of this Chapter and Division 6 of Title 4 of this Code, including without limit, providing certificates of insurance to all specified Departments of the County and requiring notification of the cancellation or termination of any insurance policy be given by the insurance company to all specified Departments of the County.
(m) The application called for in this Section may be combined with the application called for in § 33.0845 dealing with Class A Permits, if the applicant is required to obtain or renew a Class A Permit at the same time as it is required to submit an application under this Section (“Joint Application”). Such joint application must satisfy all of the requirements of both this Section and § 33.0845. In the event the applicant chooses to submit a joint application, applicant shall give DEHS one duplicate original of the joint application. DEHS shall take all actions with respect to the issuance or renewal of the health and safety permit sought in the joint application, to the same effect as if the applicant had submitted an application solely under this § 33.0825.
(Ord. 3671, passed - -1996)