Refuse Haulers
Sec. 31 1/2-20. License to collect solid waste required.
(a) No contractor, other than those exempt as outlined in sections 31 1/2-13 and 31 1/2-21, shall collect, remove or dispose of solid waste from any premises, or transport solid waste through streets, alleys, or public ways of the city, or dump, or in any manner dispose of solid waste without first securing a license for performing such service from the city clerk.
(b) The city clerk shall not issue a license required by this chapter without approval from the department.
Sec. 31 1/2-21. Persons exempt from licensing.
(a) Persons self-hauling their own solid waste in vehicles owned by themselves or their employees shall be exempt from licensing, providing they transport all such solid waste to the Ottumwa/Wapello County landfill or recycling center in a sanitary or unobjectionable manner in accordance with the rules as may be promulgated by the department. Noncommercial establishment customers, subject to mandatory solid waste fees, as outlined in section 31 1/2-19, who self-haul their solid waste shall still be required topay the mandatory solid waste fees.
(b) Construction or building contractors, removing construction and demolition debris resulting from work performed within the city, are exempt from licensing and are required to transport all such solid waste to the Ottumwa/Wapello County landfill and/or recycling center. Construction and demolition debris shall be kept at a point where it is neither objectionable nor dangerous and, upon completion of the work, leave the premises in a condition acceptable to the department.
Sec. 31 1/2-22. Licenses, types.
(a) License "A": Noncommercial establishment hauler is a contract hauler for dwellings and places of worship and holds the exclusive collection rights for those customers subject to the mandatory solid waste fees pursuant to section 31 1/2-19. The holder of an "A" license shall not, either directly or indirectly, simultaneously hold a "C" license.
(b) License "C": Commercial establishment haulers are contract haulers for a commercial establishment as defined in section 31 1/2-12.
Sec. 31 1/2-23. Noncommercial establishment collection contract.
No noncommercial establishment license "A" shall be issued unless and until the city and the contractor have entered into a contract providing for the collection and disposal of solid waste pursuant to, in accordance with, and subject to the provisions of this chapter.
Sec. 31 1/2-24. Sanitary condition of vehicles.
All vehicles used by licensed haulers for the collection and transportation of solid waste within the city shall be kept in a sanitary condition and maintained in good repair. No person shall haul any solid waste upon the streets, alleys or public ways of the city in any manner, except in a vehicle or container fully enclosed, designed and so equipped as to prevent blowing, leaking or spilling of the contents on the public streets or ways of the city or private property therein. The department, prior to the issuance of the license shall inspect and approve license "A" and "C" vehicles.
Sec. 31 1/2-25. Insurance coverage.
All license "A" and license "C" haulers shall file evidence with the city that a duly qualified insurance company has issued liability and property damage insurance policies covering all operations of the applicant or of any person or firm employed by him or her in solid waste collection within the city. This insurance must protect the public from injuries or damages sustained by reason of carrying on the work of solid waste collection and disposal. The certificate or affidavit shall specifically evidence the following amount of insurance coverage which shall remain in effect for the term of the license and shall provide written notice be given to the city clerk 30 days prior to the change in the condition of the certificate or affidavit for any expiration or cancellation thereof. Such insurance shall be in the following amounts:
(1) Public liability insurance: $100,000.00 per person; $300,000.00 per accident.
(2) Motor vehicle bodily injury liability: $100,000.00 per person; $300,000.00 per accident.
(3) Property damage: $100,000.00 per accident.
(4) Companies that contract with the city to provide solid waste collection services shall comply with the insurance requirements as specified in the contract.
Sec. 31 1/2-26. License fees and dates.
Fees for licensed "A" and "C" haulers shall be $100.00 for a one-year period for the license. Licenses shall be effective on April 1 annually. Failure to renew a license by the due date shall result in a penalty of ten percent of the license fee, per month, or portion thereof. Additionally, violations of this article may result in the issuance of civil citations in amounts as specified in the state code.
Sec. 31 1/2-27. Equipment replacement.
Each licensed hauler shall notify the department immediately, of any change in equipment and each piece of equipment replaced or used shall be accompanied with certificate of proper insurance as defined in this chapter.
Sec. 31 1/2-28. Rules applicable to licensed haulers generally.
License "A" and license "C" haulers shall comply fully with the provisions of this chapter and with other rules as may be issued from time to time by the department to protect the public health and interests. Failure to comply with the rules shall be due cause for revocation and nonrenewal of their license. If the licensed hauler does not agree with the revocation or nonrenewal, they may request a hearing before the city council. A request for a hearing is to be made in writing and filed with the city clerk within ten days from the date of revocation or nonrenewal. The city administrator shall, within 15 days after the filing of the request for hearing, fix the time and place of hearing, which shall be within 30 days of the filing of the request