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Agenda - 03-21-2006-5o
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Agenda - 03-21-2006-5o
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8/29/2008 5:49:23 PM
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8/29/2008 9:16:25 AM
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BOCC
Date
3/21/2006
Document Type
Agenda
Agenda Item
5o
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Minutes - 20060321
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\Board of County Commissioners\Minutes - Approved\2000's\2006
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<br />This addition makes clear what is expected of the Solid Waste staff when <br />issuing licenses fo haulers. For example, the staff now requires proof of <br />liability insurance as part of the application process, and may, in the future, <br />conduct inspections of hauler's facilities and equipment. It also provides a <br />method to deny issuing a license to a hauler that did not operate the previous <br />year in a manner consistent with the ordinance, i.e. multiple serious citations. <br />An addition that specifies the method to notify a Regulated Materials permit holder of <br />a violation and an opportunity to cure and/or to revoke a Regulated Materials permit <br />in the event it becomes necessary (When applying fora building or zoning <br />compliance permit, the RRMO provides that an applicant must also apply for a <br />RRMO Management Permit, and the recommended amendments clarify the <br />enforcement provisions concerning the same). <br />This addition specifies how the staff should notify generators of regulated <br />recyclable materials of any violations of the ordinance. It also makes it clear <br />that generators are subject to the same penalties as haulers. <br />An addition that specifies the appeals process for those collectors who have had <br />their license revoked„ <br />In the past there has been no formal method for a licensee to appeal the <br />revocation of a license. Haulers who have in the past had their licenses <br />revoked have attempted negotiated settlements with the staff to avoid <br />revocation. This addition eliminates that possibility and details the method by <br />which a hauler may appeal a revocation and provides a check and balance for <br />the Solid Waste staff. <br />Amendment to the civil penalty provisions of the ordinance to clarify that the violator <br />is subject to a separate civil penalty for each load, day or other distinct violation of <br />ordinance. <br />This clarification is necessary to prevent a licensee, permit holder, or certified <br />facility from arguing that multiple identical violations of the ordinance <br />constitute only a single violation. For example, if a company was cited five <br />times for failure to number a bulk container, then the ordinance states that is <br />five citations and not a single citation for the five instances. <br />An addition that provides for stop haul orders in the event a container is in violation <br />of the ordinance, such as when heavily contaminated or containing hazardous <br />materials. The addition also provides for an appeals process to reverse the stop haul <br />order. <br />This section was added to provide the Solid Waste staff with a method to deal <br />with egregious violators of the ordinance and in particular those who have <br />
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