(A) The Board of County Commissioners may issue exclusive and non-exclusive franchises authorizing persons to collect, transport and dispose of solid wastes and describing the area for which the franchise is issued.
(B) No person may be issued a franchise by the Board of County Commissioners unless he or she holds a license issued by the Division of Waste Management to engage in the business of solid waste collection.
(C) Applications for franchises shall be filed with the Board of County Commissioners through the County Manager, on forms prescribed by the County Manager and shall include a copy of the applicant’s license application to the Division of Waste Management and any other information the County Manager deems pertinent. A valid Certificate of Insurance (COI) must accompany the application with a minimum coverage of $1,000,000.
(D) The Board of County Commissioners may grant a franchise only upon finding that the applicant will render prompt, efficient and continuing service to the area for which the franchise is granted and that the applicant has sufficient equipment and personnel to render service to all persons generating solid wastes within the service area.
(E) The Board of County Commissioners shall determine the area for which a franchise is granted.
(F) The Board of County Commissioners shall set or approve all fees charged by solid waste collectors before granting a franchise. The Board may classify fees according to whether residential, commercial, institutional or industrial customers are served, so that reasonable compensation may be provided in accordance with the public interest. Fee schedules may be amended by the Board from time to time.
(G) A franchise shall be for a term of three years and shall be renewable.
(H) A solid waste collector franchised under this chapter shall present to each prospective customer, in advance of any agreement with that customer, a schedule of his or her fees, as authorized by this chapter, to be charged. All solid wastes shall be removed from the customer’s premises at least once a week; provided, the customer is no more than 30 days in arrears in payment of the required collection fees.
(I) The Board of County Commissioners may grant temporary franchises for the collection, transportation or disposal of solid wastes to provide service in the event of abandonment of an existing franchise or for other cause.
(J) All disputes regarding the granting of a franchise and disagreements concerning franchised areas shall be resolved by the Board.
(K) No franchise shall be assignable.
(L) A solid waste collector granted a franchise under this chapter shall give 60 days’ written notice to the Board of County Commissioners before abandoning the franchise.
(M) The Board of County Commissioners may terminate or suspend all or any portion of a franchise for any of the following reasons:
(1) Loss of the franchisee’s license to operate as a solid waste collector;
(2) Failure of the franchisee to comply with the authorized fee schedules;
(3) Failure of the franchisee to render prompt and effective service as determined by the Board of County Commissioners to persons within his or her service area; or
(4) Failure of the franchisee to comply with any provision of this chapter or applicable regulations of the Division of Waste Management.
(Ord. passed 8-17-2009) Penalty, see § 110.99