Tuolumne County Municipal Code Ch. 7.20 Permit Requirements

Sections:

• 7.20.010 Permit--Application contents.

• 7.20.020 Permit--Operating plan.

• 7.20.030 Permit--Evaluation and issuance.

• 7.20.040 Permit--Contents.

• 7.20.050 Permit--Term.

• 7.20.060 Permit--Liability insurance required.

• 7.20.070 Permit--Nontransferable.

• 7.20.080 Permit--Recordkeeping, inspection and reporting.

• 7.20.090 Permit--Fee.

• 7.20.100 Permit--Fee-Delinquency penalty.

• 7.20.110 Charges--Permittee.

• 7.20.120 Permit--Renewal.

• 7.20.130 Permit--Review.

• 7.20.140 Permit--Suspension.

• 7.20.150 Permit--Corrective services--Cost recovery.

Applications for a new permit or modification of an existing permit shall be in the same manner as provided in Section 7.16.010. Applications for permits within collection areas will only be considered after the SWM receives the waiver provided for in Section 7.12.060(A). (Ord. 2058 § 4 (part), 1994).

application for a permit as provided for in this title, each applicant shall provide to the SWM a permit operating plan. The plan shall be reviewed by the SWM to determine compliance with this title. The permit operating plan shall be prepared according to the following requirements:

A. For an application for a permit to collect or transport municipal solid waste in a collection area, as described in Section 7.12.020(A), the contents of the plan shall include the components identified in subsections A through H of Section 7.16.030.

B. In an application for a permit to collect or transport industrial solid waste as described in Section 7.12.020(B), the contents of the plan shall include the components identified in subsections A, B and H of Section 7.16.030.

C. In an application for a permit to collect or transport municipal solid waste outside a collection area, as described in Section 7.12.020(C), the contents of the plan shall include the components identified in subsections A through E, G and H of Section 7.16.030.

D. In an application for a permit to collect or transport recyclables, as described in Section 7.12.020(D), the contents of the plan shall include the components identified in subsections A, B, D, E and H of Section 7.16.030. (Ord. 2058 § 4 (part), 1994).

Upon receipt of a completed application, including an approved permit operating plan, if applicable, the SWM shall determine if the application and plan conform to the requirements of this title. The SWM shall determine whether or not the applicant has the necessary equipment and facilities to adequately provide the service applied for and if the applicant meets all the other requirements of this title. The SWM shall forward the application and plan to the LEA for review and continent. Upon completion of the investigation, the SWM shall approve, with or without modifications, the operating plan and grant or deny the permit or modification, whenever, in the opinion of the SWM, the granting of such permit is in the interest of public health, safety, welfare, convenience and necessity and the applicant otherwise complies with this title and all other applicable laws. The SWM also may deny a permit for the collection or transport of municipal solid waste if a franchise would be a more appropriate mechanism under this title. Any decision of the SWM approving or denying a permit may be reviewed by the board pursuant to Section 7.04.050. (Ord. 2058 § 4 (part), 1994).

granted by the SWM shall be subject to the provisions of this title. The permit shall state:

A. The name and address of the person to whom the permit is issued;

B. The activity authorized;

C. The obligation of the permittee to comply with the permit operating plan and all applicable laws;

D. The term for which the permit is granted;

E. The obligation of the permittee to comply with the requirement to deliver solid waste only to facilities identified and authorized by resolution of the board;

F. Such other conditions as the SWM may provide, including but not limited to performance security. (Ord. 2058 § 4 (part), 1994).

granted for any period not to exceed one year. (Ord. 2058 § 4 (part), 1994).

A. Unless waived totally or partially by the SWM, after consultation with the county risk manager, no permit shall be issued under the provisions of this chapter, nor shall any such permit be valid after issuance, unless there is at all times in force and effect, to provide protection against liability for damages which may be imposed for the negligence of the permittee or his/her employees or agents, comprehensive general and comprehensive vehicle liability insurance policy or policies approved by the SWM and issued by an insurance company authorized to do business in the state.

B. The policy or policies shall provide protection against general and vehicle liability of the permittee for the payment of damages in amounts, at least, as follows:

1. In the amount of one million dollars for injury or death to any one person;

2. In the amount of one million dollars against the total liability of the franchisee on account of bodily injuries or death of more than one person arising out of any one accident;

3. In the amount of two hundred thousand dollars for each occurrence resulting in damage or destruction of property, whether the property of one or more than one claimant.

C. The liability insurance policies required by this section shall inure to the benefit of any persons who are injured or who sustain damage to property proximately caused by the negligence of the permittee insured by such policy, his/her employees or agents.

D. Satisfactory evidence in the form of a policy of liability insurance as required by this section is at all times in full force and effect shall be furnished the SWM by each permittee required to provide such insurance.

E. A policy of insurance shall be provided for each vehicle.

F. All policies shall be written for not less than a one-year period or be continuous in term until canceled, and shall contain a provision requiring thirty days' written notice be given to the SWM prior to cancellation, modification or reduction of the limits of the policy.

G. All insurance policies shall name the county, its officer, employees, agents and servants, as an additional insured.

H. Any insurance policies shall not exclude sudden and accidental occurrences.

I. Copies of the policies, policy endorsements or riders evidencing such policies shall be filed with the SWM.

J. All permittees employing anyone in addition to themselves shall maintain a worker's compensation insurance policy in amounts required by state law and shall furnish a certificate of insurance demonstrating the same. (Ord. 2058 § 4 (part), 1994).

shall be assigned or transferred. No permittee shall contract with any other person to perform any activity allowed by the permit without written approval of the SWM. Any decision of the SWM approving or denying a permit transfer may be reviewed by the board pursuant to Section 7.04.050. (Ord. 2058 § 4 (part), 1994).

and reporting.

A. If a permit so requires, each permittee shall maintain detailed books and records of all receipts and expenditures received or incurred in the operation of such business, including all fees collected for services rendered. The records shall include cost accounting components using generally accepted accounting principles reflecting the cost allocation of any assets or labor shared with services or businesses other than the service authorized by the permit. Upon reasonable notice during normal business hours , the county, its officers and employees, authorized by the county administrative officer or county auditor controller, shall be entitled to

inspect audit and copy such books and records including books and records of any business or service which shares assets or labor with the permittee. Items requested by the permittee to be considered confidential are subject to the Public Records Act as it may be amended.

B. If a permit so requires, each permittee must provide the SWM with an annual recycling report. The report due date will be specified in the permit conditions by the SWM. The annual recycling report must include all of the following information:

1. Identification of the permittee and the time period covered by the report;

2. A summary of all recyclables collected and their disposition. The summary is to separately provide the weights, volumes and/or numbers of each type of recyclable material. (Ord. 2058 § 4 (part), 1994).

an annual fee in the amount set forth in Chapter 3.40 of this code, payable at the time of issuance or renewal of the permit. In addition to the annual fee, the holder of a permit for engaging in the business of collecting or transporting solid waste, may be required to pay quarterly to the county, either a percentage of the gross receipts derived from such services or a surcharge on the amount of tonnage or yardage collected or transported. The amount shall be recommended by the SWM and approved by the board pursuant to the hearing procedure described in Section 7.16.040(B). (Ord. 2058 § 4 (part), 1994).

Quarterly permit fees are due on or before September 30th, December 31st, March 31st and June 30th and are delinquent ten days thereafter respectively. Fees are subject to a delinquency penalty of fifteen percent which attaches on the first day of delinquency. (Ord. 2058 § 4 (part), 1994).

customers for solid waste collection or transport services provided by a permittee may be set by the board by resolution and may be revised by the board from time to time as it determines to be necessary. Prior to setting charges, the board shall hold a hearing as provided in Section 7.16.040(B). (Ord. 2058 § 4 (part) 1994).

renewed by the SWM upon application by the permittee. A permittee must provide a completed application and the application shall be considered as in Sections 7.20.010 and 7.20.030 of this chapter. The application for renewal, satisfactorily completed, must be received by the SWM no later than sixty days prior to the expiration of the existing permit.
Any decision of the SWM approving or denying a permit renewal may be reviewed by the board pursuant to Section 7.04.050. (Ord. 2058 § 4 (part), 1994).

reviewed by the SWM to determine if the permittee is in compliance with this title and the terms and conditions of the permit, including the permit operating plan. The SWM may request that the permittee supply information to support the review process. If information is requested, the permittee must respond to the request within 30 days of the date the request was received. If upon completion of a permit review it is determined by the SWM that the permittee is not operating in compliance with the terms and conditions of his/her permit, this title or the permit operating plan, the SWM will notify the permittee in writing, with copies to the board and any franchisee whose obligations have been deferred because of the permit, of the areas of noncompliance. In addition, the SWM may add new conditions to the permit. The permittee will then have a reasonable time, as determined by the SWM, from the date the notice was received to correct the noncompliance items or comply with the newly added conditions. If it is determined by the SWM that the permittee has failed to achieve full compliance with the items that were identified, the permit may be suspended in accordance with Section 7.20.140 of this chapter. Only in the case of new conditions added to a permit is the decision of the SWM appealable to the board pursuant to Section 7.04.050. (Ord. 2058 § 4 (part), 1994).

suspended by the SWM upon written notice to the permittee for failure to conform with any provisions of this title, failure to comply with the conditions of the permit or of the approved permit operating plan, and the permittee shall cease operations under the permit until the SWM has removed the suspension. Notice shall be served personally or by certified mail addressed

to the last place of business or residence reported by the permittee and copies of such notice shall be sent to the board. The suspension is subject to appeal as set forth in Section 7.04.050; provided, that the SWM shall bear the burden of proof at the hearing. (Ord. 2058 § 4 (part), 1994).

recovery. The SWM may provide, by contract or force account, for the performance of any services necessitated by the failure of the permittee to comply with this title, the permit or the permit operating plan. The permittee is liable and shall reimburse the county for only such costs. The SWM is authorized to pursue recovery of such costs from any security posted by the permittee. (Ord. 2058 § 4 (part), 1994).