§ 29-30. License.

(a)

No person shall engage in the business of collecting, transporting, processing or disposing of items covered by this chapter within the corporate limits of the city without first obtaining an annual license therefor from the city, provided, however, that the owner/occupant of any residence or business may dispose of his own trash without the necessity of securing a license therefor or compliance with subsection (b) hereof. Provided further that said owner/occupant shall comply with all other terms of this chapter.

(b)

No such license shall be issued until and unless the applicant therefor, in addition to all other requirements set forth, shall file and maintain with the city 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 in the amount of not less than one hundred thousand dollars ($100,000.00) for each person injured or killed, and in the amount of not less than three hundred thousand dollars ($300,000.00) in the event of injury or death of two (2) or more persons in any single accident, and in the amount of not less than twenty-five thousand dollars ($25,000.00) for damage to property. The contract of insurance shall provide that if any such policy be canceled, the director 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)

Each applicant for any such license shall state in his application therefor:

(1)

The nature of the license desired, such as to collect, transport, process or dispose of solid waste or any combination thereof;

(2)

The characteristics of items 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 director.

(d)

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 chapter, the director shall issue the license authorized by this chapter. The license shall be issued for a period of one (1) year, and each applicant shall pay therefor an annual fee of one hundred dollars ($100.00). If, in the opinion of the director, 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 section, the director shall notify the applicant, in writing, setting for the modification to be made and the time in which it shall be done.

(e)

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 wastes 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 director, in writing, stating the reason to reapply after the rejection of his application, provided that all aspects of the reapplication comply with the provisions of this section.

(f)

The annual license may be renewed upon payment of the fee or fees as designated herein. If, in the opinion of the director, the business entity has changed, the applicant shall reapply for a permit as set forth in subsections (a) and (b). No licenses authorized by this section shall be transferred from person to person.

(g)

In order to insure compliance with the laws of this state, this section and the rules and regulations authorized herein, the director is authorized to inspect all phases of solid waste management within the city. No inspection shall be made in any dwelling unit unless authorized by the occupant or by due process of the law. In all instances where such inspections reveal violation of this section, the rules and regulations authorized herein for the storage, collection, transportation, procession or disposal of solid waste, or the laws of the State of Missouri, the director 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)

In all cases when the corrective measures have not been taken within the time specified, the director shall suspend or revoke the license or licenses involved in the violation; however, in the cases where an extension of time will permit correction and there is no public health hazard created by the delay, one extension of time not to exceed the original time period may be given.

(i)

Any person who feels aggrieved by any notice of violation or order issued pursuant thereto of the director, may, within ten (10) days of the act for which redress is sought, appeal directly to the municipal judge of the city, in writing, setting forth in a concise statement the act being appealed and the grounds for its reversal.

(Ord. No. 3621, § 1, 4-21-97)