§ 31-22.4. New application review and appeal.

(a)

Review, Accept/Reject. Within thirty (30) days following submission of a complete application package by an applicant that is not currently a licensed hauler, the LEA will accept or reject the application. Any changes to the application package shall be submitted in writing to the LEA no less than fourteen (14) days prior to the proposed change being implemented.

(b)

Notice of Rejection. The LEA will give the applicant a written notice of rejection, including a description of applicant's appeal rights.

(c)

Request for Appeal. Within fifteen (15) days of the date the LEA mailed the notice of rejection, the rejected applicant may submit to the LEA a written request for appeal to the Solid Waste Hearing Panel (SWHP) including the appeal initiation fee, per Section 31A-5.

(d)

Notice of Appeal Hearing. Within fifteen (15) days following receipt of an appeal, the LEA will set the time, date and place of the hearing and notify the applicant in writing.

(e)

Appeal Hearing. Within thirty (30) days following LEA's receipt of applicant's appeal, the SWHP will hear the appeal; provided, however, that where circumstances exist beyond the control of the hearing panel or any alternates thereof, precluding such scheduling, an additional thirty (30) days may be utilized. At the hearing the applicant will have the burden of proof to demonstrate the following to the satisfaction of the SWHP:

(1)

That the public health, safety, welfare, convenience and necessity require the approval of the application; and

(2)

The applicant owns or controls sufficient equipment and facilities to meet the requirements of this chapter and to adequately service its proposed collection service area. The SWHP may adjourn the hearing from time to time.

(f)

Appeal Decision. Within thirty (30) days following the completion of the hearing, per Section 31A-4(d), the SWHP will issue its decision.

(Ord. No. 4019, § 2, 4-13-10; Ord. No. 4088, § 39, 11-4-14)