§ 11-67. Self-collection exemption.

(a)

A residential property owner may seek an exemption from the requirement that a residential franchise holder provide residential collection service for the residential waste generated on such property during a fiscal year if during that fiscal year the owner will provide for the transportation of the residential waste to a solid waste management facility in accordance with the requirements of this section 11-67.

(b)

To receive an exemption from the residential collection services requirement, the owner must file an application with the division for an exemption on or before the June thirtieth that immediately precedes the fiscal year for which the exemption is sought. The application shall be made on forms provided by the county that shall contain, at a minimum, the following information:

(1)

The name and address of the owner;

(2)

The address of the residential property for which the exemption is sought;

(3)

The reason the exemption is sought; and

(4)

The proposed method and frequency of removing the residential waste from the residential property for disposal at the solid waste management facility.

(c)

The division shall review the application and determine whether the owner has satisfied the following requirements:

(1)

Described an achievable method that will ensure all of the residential waste generated on the property will be removed and delivered to a fully permitted solid waste management facility at least once every two (2) weeks; and

(2)

Demonstrated the ability to use a proper, sanitary and effective method of removing and disposing of the residential waste generated on the property.

(d)

Upon approval of an exemption from residential collection service, the division shall notify the collector for the service area in which the residential property is located that the county has granted the owner an exemption from the mandatory residential collection service requirement for the particular fiscal year.

(e)

An owner receiving an exemption under this section shall be exempt from paying the collection portion of the annual residential waste program services assessment, but must pay the disposal portion of that assessment.

(f)

An exemption shall be for one fiscal year only. If an owner wishes to obtain an exemption for a subsequent fiscal year, then the owner must timely file an application for each fiscal year in which an exemption is sought.

(g)

An owner receiving an exemption from the residential collection service requirement shall collect and remove the residential waste generated on the residential property covered by the exemption in the manner described in its application for exemption. The owner shall not use a different method of waste disposal, unless and until the person receives the prior written approval of the division to use an alternate method.

(h)

Any person delivering residential waste to a solid waste management facility under an exemption from residential collection service shall register or report each delivery with the division. Failure to dispose of the residential waste in the manner described in the owner's application shall be grounds for revocation of the exemption.

(i)

Residential waste shall not be transported unless the waste is completely covered in a manner that will prevent the waste from falling or blowing from the vehicle.

(j)

The division shall revoke an exemption and direct a collector to provide residential collection service to the owner's residential property if the division determines that the residential waste is not being collected and removed from the residential property in a safe and sanitary manner and in compliance with this chapter.

(k)

If the division revokes a residential collection service exemption, then the owner shall not be eligible to apply for another residential collection service exemption for a period of five (5) years after the date the exemption is revoked.

(l)

If the division denies an owner's application for an exemption or subsequently revokes the exemption in accordance with this section, then the owner may appeal the decision to the county manager. Any appeal shall be filed with the county manager within thirty (30) days after the division issues the owner a written notification of the denial or revocation of the exemption. The failure to file a timely written notice of appeal shall be a waiver of the right to appeal. The county manager shall address the notice of appeal in the same manner described in subsection 11-43(b), above.

(Ord. No. 13-069, § 5-17, 12-17-13)