Section 45-49-252.05 Solid Waste Management Permits.

Permits required under Section 45-49-252.03 shall be issued in the following manner: (1) Any person desiring to obtain a permit shall file an application for a permit with the director on application forms provided by the director and shall accompany such application with: a. Name and address of the applicant, showing its legal identity (individual, partnership, corporation, etc.). b. The business address of the applicant. c. An inventory of all motorized equipment or other equipment to be used in such collection, transportation, or disposal. d. The methods of storage, transport, and processing to be used. e. The location and type of processing or disposal, or both, contemplated. f. The types and amounts of wastes to be covered by permit, including a description of the project or process generating wastes. g. The route or routes to be used in transporting and schedules used. h. Issuance of county permits shall not relieve applicants from obtaining any required state or federal permits. i. Proof of all insurance and bonding required by this part (state financial responsibility limits for motor vehicles, etc.), or as established by resolution of the commission from time to time. j. Proof that applicant has acquired any required certificates of need. k. Statement of desired duration of permit, if less than one year. l. Application fee established by resolution of the commission. m. All other information reasonably required by the director to fulfill the intent of this part. (2) Upon receipt of a completed application, the director shall within five days refer same to the health officer for investigation. The health officer shall inspect all facilities and equipment to be used in the applicant’s activity and shall report his or her findings to the director within six days of receipt, and the director shall take appropriate action within 10 days thereafter (3) Upon determining that the activity, service, or facility for which the permit is sought will comply with the terms of this part and with all county regulations and ordinances; that no certificate of need is required; and that the applicant’s service, activity, or facility will be in the best interest of the public, the director shall grant a permit allowing the pursuit of such activity upon the terms and conditions as the director may deem to be in the public interest. (4) If the director determines that a permit should not be issued based upon the above criteria, but if in the director’s opinion, modification can be made which will bring the application within the intent and purposes of this part, he or she shall notify the applicant or applicants, in writing, setting forth the correction to be made and the time in which the correction shall be completed. (5) If the applicant fails to make the corrections pursuant to the notice mentioned above within the time limit specified therein, or, if the director previously determined that a permit should not be issued based on the above criteria, the application shall be denied and the applicant notified, in writing, stating therein the reasons for the denial. Nothing in this section shall prevent any applicant from reapplying after the rejection of his or her application, provided the requirements of this part are met. Appeals of such denials may be made in the manner provided for appeals or revocation of permits in subdivision (10). (6) When issued a permit shall be effective for the period of time necessary to accomplish the desired service, activity, or facility operation, up to a period of one year from the granting thereof, or in the case of a franchised holder, for the duration of the franchise, unless the permit is sooner revoked pursuant to this part. (7) Any permit holder desiring to renew an existing permit shall complete and submit to the director an application therefore not more than 45 days nor less than 15 days before the expiration date thereof and shall tender with each application form such permit fees as are required by resolution of the Mobile County Commission. (8) All motor vehicles operating under any permit required by this part shall display the permit number or numbers on each side, in colors which contrast with that of the vehicle, such numbers to be clearly legible and not less than six inches high. (9) The performance under this part of all those holding permits shall be evaluated by the director from time to time. If at any time during the life of the permit, performance satisfactory to the director shall not have been made, the permittee upon notification by the director, shall take all necessary steps including, but not limited to, increasing the work force, vehicles, and equipment as needed to properly perform his or her duties. The failure of the director to give such notification shall not relieve the permittee of his or her obligation to perform the work at the time and in the manner specified in his or her permit. (10) If, after notice of unsatisfactory performance has been given, the permittee has failed to make necessary corrections within a reasonable time, the director may revoke the permit. Appeal from any decision of the director revoking such permit may be taken to the Mobile County Commission by the aggrieved party by filing a petition with the commission within 10 days after the mailing of notice of such appeal. Upon receipt of such petition, the Mobile County Commission shall set a time and place for a hearing upon the petition. The appeal shall proceed in accordance with due process of law. Revocations shall not be final until such appeals are heard. (11) The director shall maintain a complete listing of all persons holding permits to provide solid waste management services within Mobile County. The listing shall contain the name and address of each person, its office telephone number, the number and types of vehicles used by such persons, the nature and extent of the services, activities, or facilities permitted, and the expiration date of the permit. (12) Any person desiring to dispose of construction and demolition debris resulting from his or her regular business operation on property approved for the disposal of such materials and for which he or she has the right to use for the purpose of disposing of such debris shall not be required to obtain a certificate of need or regular permit in order to use the property for such purposes but shall be required to obtain an annual special permit from the health officer for such purpose in the manner and under such conditions as specified by the health officer. Notwithstanding anything herein to the contrary, under no circumstances will any solid waste other than construction and demolition debris resulting from the permit holder’s regular business operation be placed or disposed of in a disposal facility permitted under this section. Failure to observe this condition may result in immediate revocation of the permit. (13) No permit shall be granted pursuant to this section if the granting of the permit will result in a materially adverse effect on the net revenues of the county’s solid waste disposal system, as determined by the issuer, provided, however, that this subdivision shall not apply to disposal of construction and demolition debris permitted under subdivision (12).