Commercial Waste Permit Requirements
The annual Commercial Waste Permit allows for disposal of co-mingled residential, commercial and institutional solid waste.
a) No Waste Collector shall collect, transport or dispose of Solid Waste and/or Recyclables generated within the County without first obtaining a Commercial Waste Permit issued by the County. Each day during which a Waste Collector collects, transports or disposes of Solid Waste or Recyclables generated within the County without a Commercial Waste Permit shall be considered a separate violation of this Section.
b) All applications for Commercial Waste Permits shall be in writing and shall contain such information as requested by the Department, but at a minimum, as set forth in this local law. Other than individuals, all Persons applying for Commercial Waste Permits shall submit adequate proof of the legal status of the entity seeking the permit. Such applications shall include a list that identifies all vehicles, and all containers with a capacity equal to or greater than ten cubic yards, that the applicant intends to utilize for the collection of Solid Waste and/or Recyclables in the County, along with the cubic yard capacity for each vehicle or container. The Department will assign an identification number for each vehicle and for each container with a capacity equal to or greater than ten cubic yards. All Commercial Waste Permit information shall be verified by the applicant as required by this local law and the Department. The applicant shall file with any application a Certificate of Insurance and shall pay the required permit fee as set forth in this local law.
c) Each applicant other than a Municipality shall be required to pay a Commercial Waste Permit fee. A current official list of Department fees shall be maintained by and be available from the Madison County Department of Solid Waste and Sanitation.
d) Municipalities shall not be required to pay the permit application fee identified in this Section III.1.c., but shall be required to comply with all other requirements, including other fee requirements, of this local law.
e) The Certificate of Insurance to be filed with the application shall be executed by a duly authorized and qualified representative of an insurance company, subject to verification and approval by the Department, evidencing that said insurance company has issued liability and property damage insurance policies covering, at a minimum, the following:
i) All operations of the applicant or any other person, firm or corporation employed by him in collecting and/or transporting Solid Waste and/or Recyclables.
ii) The disposal of such Solid Waste and/or Recyclables to and within the designated and approved County Landfill and/or Facility.
iii) Protecting the public and any person from injuries or damages sustained by reason of collecting and/or transporting Solid Waste and/or Recyclables.
iv) The certificate shall specifically evidence the following minimum amounts of insurance coverage based upon the number of vehicles permitted for hauling waste in Madison County which shall remain in effect for the term of the permit, and shall provide that written notice shall be given to the Department thirty (30) days prior to any change in the conditions of the certificate or any expiration or cancellation thereof:
Commercial Haulers with one, two or three permitted trucks
Public Liability Insurance – Per Person………………………..100,000 Per Accident……………………...300,000
Property Damage – Per Accident……………………… 50,000
Commercial Haulers with four or more permitted trucks
Public Liability Insurance – Per Person………………………..250,000 Per Accident……………………...500,000
Property Damage – Per Accident……………………… 50,000
f) Upon receipt of the application and the proper Certificate(s) of Insurance and the payment of the Commercial Waste Permit fee, the Department shall thereupon issue the applicant a Commercial Waste Permit so long as the applicant is otherwise deemed by the Department to be in compliance with this local law and related requirements of the Department. A Commercial Waste Permit shall expire on the next June 30 following the date of issue. Upon issuance of the Commercial Waste Permit the permit holder shall affix the Commercial Waste Permit to the inside rear bottom corner of the driver’s window in each and every vehicle, on which shall be set forth clearly the official number of such Commercial Waste Permit and/or the license plate number of the vehicle to which the Commercial Waste Permit is affixed, and for every container with a capacity equal to or greater than ten cubic yards the permit holder shall affix its name along with the identification number assigned by the County for each such container in permanent lettering that is readily visible and a minimum of four inches in height, in a location or locations specified by the Department.
g) Renewal of Commercial Waste Permits shall be in the same manner and subject to the same conditions as original Commercial Waste Permits, and also shall be subject to any additional requirements in effect at the time of application for renewal as specified by the Department, the Committee or the Board of Supervisors.
h) Whenever satisfactory proof, such as by means of an affidavit, is submitted to the Department that a Commercial Waste Permit issued for the purpose set forth in this local law has been lost or destroyed, the Department shall, upon payment by the applicant of the appropriate fee, issue a new Commercial Waste Permit in lieu of the one that has been lost or destroyed.
i) No Commercial Waste Permit issued pursuant to the provisions of this local law shall be transferable.
j) The Commercial Waste Permit holder hereunder shall furnish the Department with a list identifying the municipalities within which collection services are provided and detailing the number of residences, commercial establishments or other generators of Solid Waste and/or Recyclables located in the County and serviced by the applicant. The identification numbers and cubic yard capacities of the vehicles, and of the containers that have a capacity equal to or greater than ten cubic yards, utilized in each collection area by the Commercial Waste Permit holder shall be included on aforesaid list. This list shall be prepared at a level of detail satisfactory to the Department and shall be updated by the Commercial Waste Permit holder at the request of the Department, but not more often than every three months.
k) The Department, pursuant to Section IV of this local law, shall have the power to suspend or revoke a Commercial Waste Permit granted or renewed pursuant to this local law for any violation of any provision of this local law or any applicable rule, regulation, code or ordinance relating to the collection, handling, hauling or disposal of Solid Waste and/or Recyclables including, but not limited to, those promulgated by the Department.
l) All collection, transportation and/or disposal of Solid Waste and/or Recyclables shall be in strict conformance with the rules and regulations prescribed in this local law and as such rules and regulations may hereafter be amended or supplemented by the Department.
m) All vehicles used in the collection, transportation and/or disposal of Solid Waste and/or Recyclables shall be maintained in a sanitary condition and shall be constructed as to prevent leakage in transit. The body of the vehicle shall be wholly enclosed or shall at all times be kept covered with an adequate cover. The name of the Commercial Waste Permit holder shall be readily visible on all vehicles, and on all Containers, along with permanent and unique identification numbers assigned by the Department for each vehicle and for each Container with a capacity equal to or greater than ten cubic yards. Operation of vehicles shall be done in such a manner as to prevent spilling or loss of contents.
n) Any Commercial Waste Permit issued pursuant to this local law shall be in the nature of a privilege subject to the terms and conditions set forth in this local law and as amended or supplemented by the Department, and shall not be deemed to create a property interest with respect to the Commercial Waste Permit in the holder.
o) All such Commercial Waste Permit requirements specified herein, including, but not limited to, Commercial Waste Permit fees and minimum insurance coverage amounts, may be amended or adjusted from time to time by resolution of the Board of Supervisors or by the Department acting in accordance with policies and/or guidelines established by the Committee that have been adopted, and that may be amended from time to time, by the Board of Supervisors.
Special Waste Permit
The Special Waste Permit, or one-day permit, allows for disposal of comingled residential, commercial and institutional solid waste.
a) Persons and Waste Collectors not holding Commercial or Residential Waste Permits may obtain a Special Waste Permit for the collection, transportation and/or disposal of Solid Waste generated within the County at the County Landfill. A Special Waste Permit must be obtained from the Department for a daily fee.
b) The Department may, at its sole discretion, require certain Special Waste Permit holders to provide proof of insurance in a form and amount satisfactory to the Department before such Special Waste Permit holder may dispose of Solid Waste and/or Recyclables at the County Landfill or any other Facility.
c) Special Waste Permit holders shall strictly comply with all rules and regulations prescribed by the Department.
d) All Special Waste Permit requirements specified herein, including, but not limited to, Special Waste Permit fees, may be amended or adjusted from time to time by resolution of the Board of Supervisors or by the Department acting in accordance with policies and/or guidelines established by the Committee that have been adopted, and that may be amended from time to time, by the Board of Supervisors.