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 license in accordance with the following:
1. Application. Application for a solid waste collector’s license shall be made to the Clerk and provide the following:
A. Name and Address. The full name and address of the applicant, and if a corporation, the names and addresses of the officers thereof.
B. Equipment. A complete and accurate listing of the number and type of collection and transportation equipment to be used.
C. Collection Program. A complete description of the frequency, routes and method of collection and transportation to be used.
D. Disposal. A statement as to the precise location and method of disposal or processing facilities to be used.
2. Insurance. No collector’s license shall be issued until and unless the applicant, in addition to all other requirements set forth, shall file and maintain with the City evidence of satisfactory insurance in the minimum amounts as follows:
A. Workers’ Compensation and Employer’s Liability Insurance. Workers’ compensation and employer’s liability insurance as prescribed by Iowa law or the minimum limits shown below:
(1) Iowa Benefits Statutory
(2) Employers Liability
(i) Bodily Injury by Accident $500,000 each accident
(ii) Bodily Injury by Disease $500,000 each accident
(iii) Bodily Injury by Disease $500,000 policy limit
B. Commercial General Liability Insurance. Commercial general liability insurance combined single limits shown below covering bodily injury, property damage, and personal injury:
(1) General Aggregate Limit $2,000,000
(2) Products-Completed Operations
Aggregate Limit $2,000,000
Aggregate Limit $2,000,000
(3) Personal and Advertising Injury Limit $1,000,000
(4) Each Occurrence Limit $1,000,000
(5) Fire Damage Limit (any one fire) $100,000
(6) Medical Damage Limit (any one person) $5,000
C. Automobile Liability Insurance. Automobile liability insurance coverage with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident.
D. Umbrella and Excess Liability Insurance. Umbrella and excess liability insurance limits of not less than $2,000,000 each occurrence and $2,000,000 aggregate are required.
E. Additional Features Required.
(1) All insurance must include the following features:
(a) Endorsed to waive all rights of subrogation against the City.
(b) Endorsed to provide 30 days’ notice prior to cancellation.
(2) Commercial general liability insurance must include the following additional features:
(a) Include the City as an additional insured on a primary and noncontributory basis.
(b) Include the City as an additional insured for products and completed operations for three years (construction projects).
(c) Advertising injury.
(d) Operations by independent contractors.
(e) Contractual liability coverage.
(3) Automobile liability insurance must include the following additional features:
(a) Include the City as an additional insured on a primary and noncontributory basis.
(b) Include contractual liability.
(c) Include coverage for all owned, non-owned, hired, and leased vehicles (or any vehicle used in connection with the operations covered under the license).
The insurance company and hauler must expressly agree and state that the purchase of the policy by the hauler will not waive any of the defenses of governmental immunity available to the City under Section 670.4 of the Code of Iowa. The insurance company and hauler must further agree that the policy of insurance shall cover only those claims not subject to the defense of governmental immunity under Section 670.4 of the Code of Iowa.
3. License Fee. A license fee in the amount of $10.00 shall accompany the application. In the event the requested license is not granted, the fee paid shall be refunded to the applicant.
4. License 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 license shall be issued to be effective for a period of one year from the date approved.
5. License Renewal. An annual license 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.
6. License Not Transferable. No license authorized by this chapter may be transferred to another person.
7. 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 such owner, provided such refuse is disposed of properly in an approved sanitary disposal project.
8. Grading or Excavation Excepted. No license or permit is required for the removal, hauling, or disposal of earth and rock material from grading or excavation activities; however, all such materials shall be conveyed in tight vehicles, trucks or receptacles so constructed and maintained that none of the material being transported spills upon any public right-of-way.