(A) Grounds for denial, suspension or revocation of waste haulers license. The WRA Director may deny, suspend or revoke the waste hauler license and/or grease hauler certification of any wastehauler who violates any provision of this section or any condition of its license, or who commits any of the following violations, or who does not meet the following requirements:
(1) Violation of any term, condition or requirement of this section, the license, or applicable state of Iowa or federal laws or regulations.
(2) Obtaining a license by misrepresentation.
(3) Falsification of, failure to complete or failure to fully disclose all relevant facts in a license application.
(4) Failure to pay fees, administrative penalties or fines.
(5) Failure to report a spill to the WRA.
(6) Using wash down water or otherwise diluting the permitted waste for the purpose of meeting discharge limitations or requirements.
(7) Falsification of, failure to complete or failure to fully disclose all relevant facts in any report, manifest information or record required by the license or this division.
(8) Tampering with samples or sampling equipment intended to accurately reflect the contents of each hauled waste load.
(9) Refusing to allow WRA personnel timely access to the wastehauler's facility premises, vehicles, or records.
(10) Failure to perform as required under a corrective action order or compliance schedule issued by the WRA Director.
(11) Failure to correct any violation of this division within 30 days after notice by the WRA Director.
(12) Failure to immediately correct any violation of this division if the condition constituting the violation is declared a threat to public health, safety or welfare by the WRA Director and the Director orders immediate correction.
(B) Procedure for denial, suspension or revocation of wastehauler's license. The procedure for denial, suspension or revocation of a wastehauler's license shall be as follows:
(1) Any license issued to a wastehauler pursuant to this division may be denied, suspended or revoked by written order of the WRA Director specifying the grounds for such action as outlined in division (A) of this section, which order shall not take effect until hearing thereon as hereafter provided. Upon determining that grounds exist for an order to deny, suspend or revoke a wastehauler's license, the WRA Director shall cause a notice of hearing to be prepared, specifying the violations of division (A) of this section which are deemed to have occurred, and the time, date and place that such hearing will be held. The notice shall be sent to the wastehauler by regular mail addressed to the wastehauler's address listed on the wastehauler's license a minimum of ten days prior to the date set for hearing, and shall be deemed delivered when placed in the mail.
(2) If after such a hearing the WRA Director makes a finding based on substantial evidence that one or more violations under division (A) of this section have occurred as alleged, the Director may deny issuance of the license, suspend the license for a fixed period, or may issue an order immediately revoking the license and ordering the wastehauler to discontinue hauling waste to the WRF or any other disposal locations approved by the Director. The determination whether to deny issuance of a license, to suspend a license, or to revoke a license, shall be in the discretion of the Director and shall be dependent upon the circumstances surrounding the violations of division (A) of this section and the severity of those violations. If the wastehauler does not appear for the hearing, the Director shall issue the order revoking the wastehauler's license and ordering the cessation of delivery of hauled waste at the WRF or any other disposal locations approved by the Director, which order shall take effect immediately.
(3) (a) The decision and order of the WRA Director to deny issuance, to suspend or to revoke the license of a wastehauler may be appealed to the WRA Appeal Committee. Such appeal request shall be in writing, shall include the grounds for appeal including any factual findings which are disputed, and shall be delivered to WRA not less than ten days after the Director's entry of the order of denial, suspension or revocation. Such appeal request shall be considered delivered when placed in the mail, return receipt requested, addressed to:
WRA Appeal Committee Des Moines Metropolitan Wastewater Reclamation Authority 3000 Vandalia Road Des Moines, Iowa 50317 |
(b) The Chair of the Appeal Committee shall schedule the appeal and shall cause notice of the time, date and place of the hearing to be mailed to the appealing wastehauler. Such appeal shall be decided by majority vote of the Appeal Committee. If the Appeal Committee affirms the order of the WRA Director denying issuance, suspending or revoking the license and ordering the cessation of waste deliveries at the WRF or other approved locations, the Appeal Committee shall so state and order in its written decision.
(4) A wastehauler whose license has been denied or revoked shall not be eligible for issuance or reinstatement of its license until 30 days after the violating conditions have been corrected to the satisfaction of the Director.
(Ord. 2010-09, passed 7-13-2010; Am. Ord. 2019-03, passed 2-26-2019; Am. Ord. 2022-09, passed 8-23-2022)