§ 106-163. Transporter's license; operation standards.

(a)

License required; issuance.

(1)

Every waste tire collector who transports waste and/or used tires for disposal within the county shall file an application for grant of a license with the director on a form prescribed by the director. The application form shall contain the information deemed necessary by the director, but shall provide at least the following information:

a.

Proof of possession of a county local business tax receipt and all required state or federal licensure.

(2)

Upon receipt of the application and a nonrefundable application fee established by resolution of the council, the director shall determine whether the application should be approved. If the applicant meets the criteria stated in this section, the director shall approve the application and grant a license for transporting waste or used tires within the county.

(3)

The provisions of this section shall not apply to persons who use company-owned or company-leased vehicles to transport tire casings for the purpose of retreading between company-owned or company-franchised retail tire outlets and retread facilities owned or franchised by the same company.

(4)

The provisions of this section shall not apply to organized events to clean up improperly disposed waste tires, or other organized environmental cleanup activities.

(b)

Denial of license. The director shall deny a license under this article if it is found that the applicant or any of its principals or officers:

(1)

Are under 18 years of age; or

(2)

Have been found in willful and deliberate violation of this article or any similar ordinance or had a license revoked under this article or any similar ordinance.

(c)

Revocation of license.

(1)

Grounds. In addition to any other penalty, the director may revoke a license for:

a.

Filing a false or misleading statement in an application for a license.

b.

Failure to maintain a valid license as required under this article.

c.

Willful and deliberate violation of any other provision of this article.

(2)

Procedure.

a.

The director shall provide the holder of the license with written notice of the alleged cause for revocation and of the date, time and place of the hearing at which the holder of the license may be heard, may be represented by counsel and may produce evidence. Such written notice may be delivered at the place of business by certified mail or by posting and shall be given at least 15 days prior to the hearing date. The notice shall include a copy of this subsection in order that the holder shall be aware of his rights under this section.

b.

After the hearing, the director shall enter an order revoking the license or denying revocation. A copy of the order shall be delivered to the holder of the license at the place of business by certified mail or by posting within 15 days.

(d)

Identification requirements.

(1)

Transport vehicles. All transporters of waste or used tires shall have all registered vehicles used to transport waste or used tires permanently marked in a conspicuous place in clearly legible letters, not less than four inches in height, and on each side of said vehicle, with the name, business address and license number of such person, firm or corporation.

(2)

Marking of tires. All tire dealers, junk dealers and generators shall mark with tire chalk or paint each waste tire with unique alpha and/or numeric identification for that tire dealer, junk dealer or generator, which is registered with, and approved by, the director. The identifiable mark shall be legible.

(e)

Storage of tires; maximum holding period. No waste or used tire shall be stored or otherwise located on any lot for a period in excess of 15 consecutive business days. All tires stored outside must be covered. This provision does not apply to waste or used tires stored in an enclosed structure or which are mounted to the rim and inflated, or to processors who rotate the tires on a regular basis.

(Ord. No. 91-13, § IV, 7-25-91; Ord. No. 2011-05, § III, 3-4-11)