31-22 - New or renewal license application.

An applicant for a license must submit a true and complete application package (or update of a licensed hauler's prior application package) in the format required by the LEA, and including, at a minimum, the following:

(a)

Proof of insurance and bonding required in Sections 31-30 and 31-31; and

(b)

License fee for one (1) year of operation, in the amount determined from time to time by the County; and

(c)

A completed application on a form provided by the LEA and containing, at a minimum, all of the following information:

(1)

Applicant's name, and home and business address; and

(2)

An identification of trade name(s) or company name(s) under which the applicant intends to conduct business. If multiple trade or company names will be used, a description of each business entity must be included; and

(3)

Address(es) or location(s) where applicant will park all trucks and operating equipment and the zone classification of the location(s); and

(4)

A complete description of all trucks and equipment that the applicant owns, controls, or proposes to acquire, for the purpose of providing solid waste management services. It is unlawful to knowingly submit false information or omit information in an application package. Failure to disclose relevant factual information may result in rejection of the application for a new license or rejection of the license renewal application.

(Ord. No. 4088, § 36, 11-4-14)

31-22.1, 31-22.2 - Reserved.

Editor's note— Ord. No. 4088, § 37, adopted November 4, 2014, repealed §§ 31-22.1, 31-22.2, in their entirety. Former 31-22.1, 31-22.2 pertained to new or renewal license application, and solid waste management and recycling plan, respectively, and were derived from Ord. No. 4019, § 2, adopted April 13, 2010.

Any person or entity that in the last five (5) years been the subject of any administrative or judicial proceedings initiated by a federal, state or local Agency having jurisdiction over its operations due to an alleged failure to comply with federal, state or local laws may be denied a license at the discretion of the LEA.

Applicants shall cooperate with the County Sheriffs Department investigation of applicant, if required by the LEA, including taking the fingerprints of applicant individuals and of owners or employees of applicant entities.

(Ord. No. 4019, § 2, 4-13-10; Ord. No. 4088, § 38, 11-4-14)

(a)

Review, Accept/Reject. Within thirty (30) days following submission of a complete application package by an applicant that is not currently a licensed hauler, the LEA will accept or reject the application. Any changes to the application package shall be submitted in writing to the LEA no less than fourteen (14) days prior to the proposed change being implemented.

(b)

Notice of Rejection. The LEA will give the applicant a written notice of rejection, including a description of applicant's appeal rights.

(c)

Request for Appeal. Within fifteen (15) days of the date the LEA mailed the notice of rejection, the rejected applicant may submit to the LEA a written request for appeal to the Solid Waste Hearing Panel (SWHP) including the appeal initiation fee, per Section 31A-5.

(d)

Notice of Appeal Hearing. Within fifteen (15) days following receipt of an appeal, the LEA will set the time, date and place of the hearing and notify the applicant in writing.

(e)

Appeal Hearing. Within thirty (30) days following LEA's receipt of applicant's appeal, the SWHP will hear the appeal; provided, however, that where circumstances exist beyond the control of the hearing panel or any alternates thereof, precluding such scheduling, an additional thirty (30) days may be utilized. At the hearing the applicant will have the burden of proof to demonstrate the following to the satisfaction of the SWHP:

(1)

That the public health, safety, welfare, convenience and necessity require the approval of the application; and

(2)

The applicant owns or controls sufficient equipment and facilities to meet the requirements of this chapter and to adequately service its proposed collection service area. The SWHP may adjourn the hearing from time to time.

(f)

Appeal Decision. Within thirty (30) days following the completion of the hearing, per Section 31A-4(d), the SWHP will issue its decision.

(Ord. No. 4019, § 2, 4-13-10; Ord. No. 4088, § 39, 11-4-14)