§ 34-6. Collection permit.

(a)

No person shall provide collection service without a permit issued pursuant to this section.

(b)

Application for a permit shall be made to the county administrator. The county administrator or his designee shall review the application to determine if the applicant meets all requirements of this section. Upon a determination that all standards and criteria have been met, and receipt of the fee required herein, the administrator or his designee shall issue a permit for commercial and nonresidential solid waste collection in the unincorporated area of the county, which permit shall be valid for a period of one year from the date of issuance. All renewals shall be for a one-year period. The application for a permit and the permit form for commercial and nonresidential solid waste collection are attached as exhibits A and B to this section which exhibits are hereby approved as to form. These forms may be subsequently amended by resolution of the board of county commissioners.

(c)

The fee to be paid to the county shall be as established by the board of county commissioners. The fee shall be paid when filing the application.

(d)

In order to obtain a permit to provide commercial collection services, a person providing services must meet the following qualifications and standards:

(1)

He must provide evidence that he, at his own expense, has obtained all permits and licenses required by law or ordinance and will maintain the same in full force and effect.

(2)

He must provide evidence that he, during the term of the permit, will provide and maintain worker's compensation insurance in accordance with the laws of the state for all his employees.

(3)

He must provide evidence that he, during the term of the permit, will provide and maintain public liability and property damage insurance and umbrella coverage in at least the following amounts:

a.

General liability, $200,000.00 for bodily injury and $100,000.00 for property damage;

b.

Automobile liability, symbol "I";

c.

Umbrella liability, $1,000,000.00 with a hold harmless provision to protect the county from any claims arising as a result of services. Insurance requirements may be adjusted by the board of county commissioners upon recommendation of the county administrator.

(4)

He must provide a list of vehicles by size and type that will be used to provide the services. His name and office telephone number shall be prominently displayed on all solid waste collection vehicles.

(5)

He must sign a sworn affidavit that all solid waste shall be hauled to a site or facility designated by the county and disposed of at that site.

(6)

He must sign an affidavit agreeing not to litter or cause any spillage to occur upon the premises where the collection shall occur or on the public right-of-way. During hauling, all solid waste shall be contained, tied, or enclosed so that leaking, spilling, or blowing is prevented. In the event of any spillage, the person shall promptly clean up all spillage.

(7)

He must agree that collection shall begin no earlier than 7:00 a.m. and shall cease at sunset with the exception of those areas where the county has agreed in writing to permit him to collect at an earlier or later time and which will not disturb any residential area. The county also reserves the right to further regulate these hours should it deem it to be in the public's interest. In the case of an emergency, he may receive prior approval from the county administrator, to be later evidenced by a written memorandum confirming the approval, that collection may be permitted at a time not allowed by this paragraph. Should he not confirm and obtain in writing the approval to operate on an emergency basis, it shall be conclusively presumed that it had not obtained such an approval. No collection shall occur on Sundays or holidays except in time of an emergency or to maintain a regular schedule due to holidays, Christmas and New Year's.

(8)

He must defend, indemnify, save harmless, and exempt the county, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys' fees resulting from injury to persons or damage to property arising out of work done in performance of this section. The county reserves the right to retain counsel of its choice at its own expense or, in the alternative, approve counsel obtained by him.

(Code 1988, § 18-7; Ord. No. 87-7, §§ 2, 3)