§ 11-42. Commercial franchise holder performance requirements.

(a)

Collection standards. A commercial franchise holder shall maintain all necessary permits and licenses in full force and effect at all times while providing commercial collection service within Polk County. The commercial franchise holder shall comply with all applicable laws in the performance of its commercial collection service including, but not limited, to all county ordinances.

(b)

Local dedicated telephone requirement. Each commercial franchise holder shall have at least one telephone number dedicated for receiving calls originating within Polk County. The telephone number shall be listed in at least one of the telephone directories in circulation within Polk County. Each commercial franchise holder shall have a competent representative available to answer the telephone, respond to inquiries, and receive complaints between 8:00 a.m. and 5:00 p.m. every day, except Saturday, Sunday, and county designated legal holidays. The commercial franchise holder shall notify the division and each one of the commercial franchise holder's customers in writing at least seven (7) days before the commercial franchise holder changes its business address or telephone number.

(c)

Vehicle requirements; vehicle inspection fees.

(1)

Vehicles used by a commercial franchise holder for the collection and transportation of commercial solid waste shall comply with the following requirements in addition to any other requirements imposed by any other agency:

a.

Truck bodies (i.e., the cargo area used to store and transport solid waste) shall be constructed of metal, and all of the joints and seams shall be welded and watertight, to prevent liquids from leaking out of the trucks.

b.

Trucks shall be equipped with nets, tarps, or other devices capable of covering every open section of the vehicle where solid waste is stored during transit.

c.

Trucks over three-quarter-ton capacity shall be equipped with a device for mechanical unloading.

d.

The name, telephone number, and street address of the commercial franchise holder shall be printed or painted in legible letters, not less than three (3) inches in height, on both sides of the truck.

e.

Each truck shall be maintained at all times in good mechanical condition.

f.

Each truck shall be clean, sanitary, and painted to the reasonable satisfaction of the director.

(2)

Any truck used by a commercial franchise holder to collect and transport solid waste is subject to spot-inspection at any time by the division.

(3)

The board may suspend or revoke a commercial franchise if the commercial franchise holder fails to properly maintain its trucks or otherwise fails to comply with the requirements in this subsection 11-42(c).

(4)

Each truck used by a commercial franchise holder to provide commercial collection services shall be inspected annually by the county to determine whether the truck is in compliance with the requirements stated in this section 11-42. Within ten (10) days after receiving a new or renewed commercial franchise, a commercial franchise holder shall contact the division and schedule a time and place for the inspection of the commercial franchise holder's trucks.

(5)

The commercial franchise holder shall pay a two hundred dollar ($200.00) per truck inspection fee for the county's annual inspection of each truck. Payment of the inspection fee shall be due on the date of the annual inspection. Immediately following the inspection, the county shall provide the commercial franchise holder with an identifying decal for each truck that meets the county's requirements. Only approved trucks with decals shall be used by a commercial franchise holder to collect solid waste within Polk County.

(d)

Commercial franchise fee requirement and payment; reporting requirements; audits; sanctions.

(1)

Each commercial franchise holder shall pay to the county a franchise fee in the amount of two dollars ($2.00) for each ton of commercial solid waste collected by the commercial franchise holder within the unincorporated areas of Polk County. The county may increase the franchise fee once each year by an amount that is generally consistent with the increase in the consumer price index (CPI) during the prior year. The board may approve larger or more frequent increases in the franchise fee by resolution, but only after the board conducts a public hearing concerning the proposed franchise fee increase. The county shall provide at least thirty (30) days' advance written notice to all commercial franchise holders of any such hearing. The franchise fee shall be paid for each ton of commercial solid waste the commercial franchise holder collects and transports within the county by any means, including, but not limited, to trucks, dumpsters, compactors and roll-off containers.

(2)

The commercial franchise holder shall establish a reliable system that accurately identifies and records all commercial solid waste the commercial franchise holder collects pursuant to the franchise and the total tonnage of such waste.

(3)

No later than the fifteenth day of the month immediately following each month in which a commercial franchise holder provided commercial collection service within the county, the commercial franchise holder shall deliver to the director a true and correct detailed report concerning the commercial solid waste that the commercial franchise holder collected within the unincorporated areas of the county during the previous month. At a minimum, this detailed monthly report shall include the number and capacity of all vehicles, dumpsters, compactors, roll-off containers or other devices used to collect commercial solid waste, the frequency of collection for each vehicle, dumpster, compactor, and roll-off container, and the total tonnage of commercial solid waste collected by the commercial franchise holder during the calendar month.

(4)

Each commercial franchise holder shall pay the total franchise fee that is owed to the county on or before the fifteenth day of each month for the total tonnage of commercial solid waste that the commercial franchise holder collected during the previous month.

(5)

The county shall have the right to conduct a full and complete audit of the commercial franchise holder's books, records, and operations at any time to verify the accuracy of the information reported by the commercial franchise holder and to otherwise determine whether the commercial franchise holder has paid all of the franchise fees that are owed to the county. Among other matters, the county may audit the commercial franchise holder's records and operations to determine the number and capacity of the commercial franchise holder's trucks, dumpsters, compactors and roll-off containers; the frequency of the commercial franchise holder's collection services; and the total tonnage of commercial solid waste collected by the commercial franchise holder.

(6)

If a commercial franchise holder fails to timely pay the entire amount of the franchise fee in compliance with this chapter, the commercial franchise holder shall pay all of the county's expenses for the collection of the overdue fee including, but not limited, to court costs, reasonable attorneys' fees, costs and expenses, and the cost of any audit or investigation. The commercial franchise holder also shall pay interest on any overdue fee. Interest shall accrue at the highest rate allowed by law.

(7)

If a commercial franchise holder fails to provide certified scale records for part or all of the commercial solid waste that the commercial franchise holder collected and delivered to non-county operated solid waste management facilities, then the county may calculate the amount of tonnage for purposes of determining the franchise fee due, as follows: multiplying the average volume the commercial franchise holder typically collects during the same or similar time period by a conversion factor that has been reasonably selected by the county.

(Ord. No. 13-069, § 4-2, 12-17-13)