No person shall engage in the business of collecting, transporting, processing or disposing of solid waste other than waste produced by that person within the city without first obtaining from the city an annual permit in accordance with the following.
(A) Application. Application for a solid waste collector’s permit shall be made to the Clerk and provide the following:
(1) Name and address. The full name and address of the applicant, and if a corporation, the names and addresses of the officers thereof;
(2) Equipment. A complete and accurate listing of the number and type of collection and transportation equipment to be used;
(3) Collection program. A complete description of the type of waste to be hauled, frequency, routes and method of collection and transportation to be used; and
(4) Disposal. A statement as to the precise location and method of disposal or processing facilities to be used.
(B) Insurance.
(1) No collector’s permit shall be issued until and unless the applicant therefor, in addition to all other requirements set forth, shall file and maintain with the city evidence of satisfactory public liability insurance covering all operations of the applicant pertaining to the business and all equipment and vehicles to be operated in the conduct thereof in minimum amounts, as set by resolution by the City Council.
(2) Each insurance policy required hereunder shall include as a part thereof provisions requiring the insurance carrier to notify the city of the expiration, cancellation or other termination of coverage not less than ten days prior to the effective date of the action. All insurance coverage and limits shall meet those of all state and federal requirements, if greater.
(C) Permit fee. The fee shall be established by resolution of the City Council.
(D) Permit issued. If the Council upon investigation finds the application to be in order and determines that the applicant will collect, transport, process or dispose of solid waste without hazard to the public health or damage to the environment and in conformity with law and ordinance, the requested permit shall be issued to be effective for a period of one year from the date approved.
(E) Permit renewal. An annual permit may be renewed simply upon payment of the required fee, provided the applicant agrees to continue to operate in substantially the same manner as provided in the original application and provided the applicant furnishes the Clerk with a current listing of vehicles, equipment and facilities in use.
(F) Permit not transferable. No permit authorized by this chapter may be transferred to another person.
(G) Permit revocation. Failure on the part of any permittee to collect, transport and dispose solid waste in accordance with laws and ordinances of the city shall be cause for the Council on reasonable notice and hearing to revoke the permit. In the event a permit is revoked by the Council, the permittee may be ineligible for reinstatement or renewal thereof, or for a new permit, for a period of 60 days from the date of the revocation and thereafter only upon posting bond with the city in an amount sufficient to hold the city harmless from any and all claims which might be expected from the Metro Waste Authority for revenue loss which would follow from a future violation of the delivery requirements over a 60-day period, based upon the volume of solid waste proposed to be handled by the applicant for the 60-day period following the issuance of a new permit.
(H) Owner may transport. Nothing herein is to be construed so as to prevent the owner from transporting solid waste accumulating upon premises owned, occupied or used by the owner; provided the refuse is disposed of properly in an approved sanitary disposal project.
(I) Grading or excavation excepted. No permit shall be required for the removal, hauling or disposal of earth and rock material from grading or excavation activities; however, all these materials shall be conveyed in light vehicles, trucks or receptacles so constructed and maintained that none of the material being transported shall spill upon the public rights-of-way.
(1999 Code, § 106.08) (Ord. 2010-06, passed 6-15-2010) Penalty, see § 10.99