§ 3-5-104. Requirements for license.

All licensees must meet the following minimum requirements:

(1)

Permit. Prior to engaging in solid waste handling in Henry County, a licensee must have obtained a solid waste handling permit from the Environmental Protection Division of the Georgia Department of Natural Resources or any successor agency authorized to issue permits pursuant to Official Code of Georgia 12-8-24.

(2)

Insurance. At the time of submission of a signed license agreement and prior to engaging in solid waste handling in Henry County, and annually thereafter, or upon request, each licensee shall provide to the board of commissioners proof of insurance as follows:

a.

Statutory Worker's Compensation Insurance.

b.

Comprehensive general liability insurance—One hundred thousand dollars ($100,000.00).

c.

Vehicle liability.

1.

Five-hundred-thousand dollar limit per occurrence for bodily injury and property damage.

2.

Comprehensive covering all owned, non-owned and hired vehicles.

3.

All insurance contracts must specify vehicles for "solid waste collection."

(3)

Indemnification. Licensee shall, at its sole cost and expense, fully indemnify, defend and hold harmless the county, its officers, boards, commissions, employees and agents against any and all claims, suits, actions, liability and judgments from third parties for damages which may be the result of willful, negligent or tortuous conduct or operations arising out of the business of collection, transportation and disposal of solid waste, whether or not the action or omission complained of is authorized, allowed or prohibited by this article. This indemnification shall include attorneys' fees and other expenses of litigation incurred by the county.

(4)

Financial stability. Licensee obtaining both residential and commercial licenses must meet financial stability criteria.

(5)

Vehicles.

a.

All vehicles and containers used for collection operations shall comply with the requirements of Rule 391-3-4.06 of Chapter 391-3-4 (Solid Waste Management) of the Rules of the Georgia Department of Natural Resources, Environmental Protection division, and must be compactor-type trucks, covered or enclosed vehicles. All vehicles must be constructed of durable metal, easily cleanable and able to prevent litter from escaping during movement.

b.

Vehicles and containers shall meet all requirements of the Georgia Department of Transportation for highway safety and local ordinances governing weight and size for the streets which must be traveled for pick-up. All vehicles shall be subject to unannounced inspections by county officials for compliance with environmental and highway safety standards.

c.

All vehicles shall be identified by displaying the name, telephone number and business license number of the licensee on both sides of the vehicle. The telephone numbers shall also be displayed on the rear of the vehicle. All identifying information must be easily readable in letters at least six (6) inches high.

d.

Licensees shall provide an adequate number of vehicles for regular collection services. Nothing in this article shall prohibit licensees from sharing back-up vehicles with other licensees; provided, such sharing is adequately covered by insurance.

e.

Vehicles used exclusively for collection and transporting recovered materials or for special waste shall be exempt from item one of this article except that an adequate cover shall be used to prevent litter from escaping during movement.

(6)

Reporting requirements. Within thirty (30) days from June 30 and December 31, licensee shall submit to the occupational tax office reports of operation disclosing the following information:

a.

Monthly tonnage figures reflecting total waste tonnage collected by service type; residential, commercial, industrial, or institutional.

b.

Monthly tonnage figures reflecting total recovered materials collected by type and proof of recycling in the form of manifests, bills of sale, or other records showing adequate proof of movement of the material to a recognized recycling facility.

c.

Evidence of disposal of noncovered materials at state-approved facilities and name of each such facility.

The above information shall be complied for reporting purposes, as may be required from time to time, by the occupational tax office.

(Ord. No. 94-04, 9-20-94; Ord. No. 08-01, §§ 11, 12, 1-14-08)