A. Because it is more difficult to transport larger volumes of solid waste in a manner that is safe and sanitary, self-haul permits are available only to single-family premises. The difficulty posed by self-hauling larger volumes of solid waste pose an unwarranted threat to the public health, safety and welfare, as it could lead to increased illegal dumping and burning, failure to segregate recyclables and organic waste, unauthorized deposit of solid waste in the containers of another, and the accumulation of solid waste at a premises for more than one (1) week.
B. Permit Required: The person in charge of a single-family premises may apply for and obtain a permit to self-haul and shall not self-haul without a valid self-haul permit issued pursuant to this Section. Every person in charge of a single-family premises who desires to self-haul in lieu of making arrangements with the appropriate solid waste franchisee for solid waste franchisee services shall obtain a self-haul permit from the Town Manager prior to commencing self-hauling.
C. Term: A permit to self-haul shall be good for one calendar year, or such part of the calendar year that is remaining after the issuance of the permit. All self-haul permits shall expire on December 31, and may be renewed annually. Application for a renewal permit must be filed at least sixty (60) days prior to the expiration date of the permit to allow adequate time for processing, inspection and verifications required to issue the permit.
D. Issuance Of Permit:
1. An applicant for a self-haul permit shall submit a completed application, on a form approved by the Town Manager. The Town Manager shall determine whether the application is complete within ten (10) working days of the receipt of the application. If the Town Manager finds the application incomplete, the applicant shall be given a list of further information needed to complete the application.
2. After it is determined that an application for a self-haul permit is complete, the applicant shall produce the items required by this Section. The Town Manager shall issue a self-haul permit within ten (10) working days of the production of all of the required items.
a. The applicant produces for inspection the vehicle the applicant intends to use for self-hauling, and the vehicle meets the following standards:
(1) The vehicle is capable of safely hauling a minimum of thirty-two (32) gallons (4.3 cubic feet) of solid waste, recyclable materials and organic waste in a safe and sanitary manner so that such matter will not spill; and
(2) If the vehicle is not fully enclosed, the applicant produces a tarp or other material that is demonstrated to completely secure the materials being self-hauled.
b. The applicant produces evidence that he or she owns or leases the vehicle produced for inspection or has a written agreement to use the vehicle for self-hauling with the vehicle's owner or lessor;
c. The applicant produces evidence that he or she has a valid California driver's license to operate the vehicle produced for inspection and that the vehicle is registered in the State of California;
d. The applicant provides the Town with a certificate of automobile insurance for the vehicle;
e. The vehicle is operational and meets all applicable Vehicle Code standards;
f. The applicant provides the Town with proof that the applicant has containers for the storage of solid waste on the applicant's premises before the materials are hauled to a disposal facility; and
g. The applicant provides proof that he/she has no outstanding charges due to the Town's solid waste franchisee for solid waste franchisee services previously received at the premises for which the self-hauling permit application is being submitted; and
h. The applicant pays the fee for a self-haul permit authorized by resolution of the Town Council. The fee shall reflect the Town's reasonable costs of issuing and monitoring compliance with the permit. Permits issued between January 1 and June 30 shall pay one hundred percent (100%) of the permit fee; permits issued between July 1 and December 31 shall pay fifty percent (50%) of the permit fee.
E. Appeal Of Denial: An applicant whose application for a self-haul permit has been denied may appeal that decision. An appeal may be filed within five (5) days of the date the applicant was notified of the denial. Appeals shall be heard by the Town Manager, but shall not be heard by the same individual that issued the denial. The decision of the Town Manager is final.
F. Operational Standards:
1. Permittees must dispose of gray container waste weekly at a licensed or permitted landfill or disposal facility and shall procure and retain weekly receipts from such landfill or other disposal facility. Receipts shall be submitted to the Town upon request. Failure to show proof of gray container waste disposal for each week that a person is permitted to self-haul shall constitute a public health and safety nuisance sufficient to permit Town to revoke the permittees' self-haul permit.
2. Permittees must separate and bag gray container waste, non-organic recyclables, and organic waste. Non-organic recyclables shall be disposed of at a licensed or permitted recycling center. Permittees shall haul source separated organic waste to a solid waste facility operation, activity, or property that processes or recovers source separated organic waste. Permittees must notify the Town of any change in the vehicle being used to haul solid waste by the permittee. Permittees must bring the new vehicle in for an inspection and demonstrate compliance with this Section before the new vehicle is used to haul any solid waste under the permit.
3. Permittee must keep on file with the Town copies of the current automobile insurance and registration for the vehicle used to self-haul and the permittee's current California driver's license. Permittee must provide proof to Town of renewed automobile insurance, vehicle registration, and California driver's license within five (5) days of expiration of respective document.
4. Permittees are liable for any damages and clean-up costs resulting from any solid waste spills during the course of the permittees' self-hauling activity.
G. Revocation Of Permit: The self-haul permit shall be subject to revocation if the permittee violates any provision of this Chapter. A notice of revocation shall be mailed to the permittee informing them that their self-haul permit is being revoked, identifying the violations of this Chapter that have occurred, and informing the permittee that he or she has the right to dispute the revocation by an appeal to the Town Manager. An appeal of a revocation must be filed within five (5) business days of the mailing of notice of the revocation. A revocation appeal hearing will be scheduled within five (5) business days of the date the Town receives the request for an appeal. The Town Manager will issue a decision on the appeal within five (5) business days of the hearing and provide the permittee written notice of the decision. The decision of the Town Manager on the appeal shall be final. A person whose self-haul permit has been revoked pursuant to this Division F may not obtain another self-haul permit for one (1) year from the date of the revocation. (Ord. 301, 6-7-2022)