Fayette Permits ordinance (§ 230.060)

A. Permits Required. No person shall engage in the business of collecting, transporting, processing or disposing of solid waste within the corporate limits of the City without first obtaining an annual permit therefor from the City; provided, however, that this provision shall not be deemed to apply to employees of the holder of any such permit.

B. Liability Insurance Required. No such permit shall be issued until and unless the applicant therefor, in addition to all other requirements set forth, shall file and maintain with the City Administrator evidence of a satisfactory public liability insurance policy, covering all operations of such applicant pertaining to such business and all vehicles to be operated in the conduct thereof. Comprehensive general liability insurance for bodily injury and property damage combined single limit one million dollars ($1,000,000.00) each occurrence, and two million dollars ($2,000,000.00) aggregate shall be the amount of the policy maintained. Auto and truck liability insurance covering all owned, hired and non-owned vehicles for bodily injury and property damage shall be in the amount of one million dollars ($1,000,000.00) each occurrence and two million dollars ($2,000,000.00) aggregate. Should any such policy be canceled, the City Administrator shall be notified of such cancellation by the insurance carrier in writing not less than ten (10) days prior to the effective date of such cancellation, and provisions to that effect shall be incorporated in such policy, which shall also place upon the company writing such policy the duty to give such notice.

C. Application For Permit. Each applicant for any such permit shall state in his/her application therefor:

1. The nature of the permit desired, as to collect, transport, process, or dispose of solid waste or any combination thereof;

2. The characteristics of solid waste to be collected, transported, processed, or disposed;

3. The number of solid waste transportation vehicles to be operated thereunder;

4. The precise location or locations of solid waste processing or disposal facilities to be used;

5. Boundaries of the collection area; and

6. Such other information as required by the City Administrator.

D. Approval Of Application — Number Of Permits Limited. If the application shows that the applicant will collect, transport, process or dispose of solid wastes without hazard to the public health or damage to the environment and in conformity with the laws of the State of Missouri and this Article, the City Administrator may issue the permit authorized by this Article. The City Administrator shall have the authority to limit the number of annual permits issued under this Section in order to preserve the health, comfort, safety and welfare of the residents, to promote energy conservation, and to provide for collection and disposal consistent with good solid waste management practices. The permit shall be issued for a period of one (1) year, and each applicant shall pay therefor a fee of no charge for each solid waste processing or disposal facility to be operated and a fee of no charge for each transportation vehicle to be used. If modifications can be made to the application regarding service, equipment, or mode of operation, so as to bring the application within the intent of this Article, the City Administrator shall notify the applicant in writing setting forth the modification to be made and the time in which it shall be done.

E. Denial Of Application — Reapplication. If the applicant does not make the modifications pursuant to the notice in Subsection (D) within the time limit specified therein, or if the application does not clearly show that the collection, transportation, processing or disposal of solid waste will create no public health hazard or be without harmful effects on the environment, the application shall be denied and the applicant notified by the City Administrator, in writing, stating the reason for such denial. Nothing in this Section shall prejudice the right of the applicant to reapply after the rejection of his/her application provided that all aspects of the reapplication comply with the provisions of this Article. Nothing in this Section shall prevent the denial of a permit should the total number of annual permits have already been issued.

F. Renewal Of Permit — Permit Not Transferable. The annual permit may be renewed upon payment of the fee or fees as designed herein if the business has not been modified, the collection vehicles meet the requirements of Section 230.040 of this Article, and the renewal is approved by the City Administrator. If modifications have been made, the applicant shall reapply for a permit as set forth in Subsections (B) and (C). No permits authorized by this Article shall be transferable from person to person.

G. Inspections. In order to insure compliance with the laws of this State, this Article and the rules and regulations authorized herein, the City Administrator is authorized to inspect all phases of solid waste management within the City of Fayette. No inspection shall be made in any residential unit unless authorized by the occupant or by due process of law. In all instances where such inspections reveal violation of this Article, the rules and regulations authorized herein for the storage, collection, transportation, processing or disposal of solid waste or the laws of the State of Missouri, the City Administrator shall issue notice for each such violation stating therein the violation or violations found, the time and date and the corrective measure to be taken, together with the time in which such corrections shall be made.

H. Revocation Of Permit. In all cases, when the corrective measures have not been taken within the time specified, the City Administrator shall suspend or revoke the permit or permits involved in the violation, however, in those cases where an extension of time will permit correction and there is no public health hazard created by the delay, one (1) extension of time not to exceed the original time period may be given.

I. Enforcement Procedures. In the event a permit is revoked and the person continues to operate, the City Administrator may request the action of a court of law to enjoin the acts and to enforce compliance with this Article or any rule or regulation promulgated thereunder. In any such action, the court may grant to the City such prohibitory or mandatory injunctive relief as the facts may warrant.

J. Appeal. Any person who feels aggrieved by any notice of violation or order issued pursuant thereto of the City Administrator may, within five (5) days of the act for which redress is sought, appeal directly to the Court of Howard County in writing, setting forth in a concise statement the act being appealed and the grounds for its reversal.

K. Permit Numbers To Be Displayed On Vehicle. All motor vehicles operating under any permit required by this Article shall display the number or numbers on each side in colors which contrast with that of the vehicle, such numbers to be clearly legible and not less than four (4) inches high. Each permit for processing or disposal facilities shall be prominently displayed at the facility.