§ 31-24.2. License suspension or revocation.

(a)

Investigations. The LEA will make appropriate investigations to determine the following:

(1)

If a licensed hauler has failed to comply or violated any law, including this chapter, state or federal law, or any rules or regulations adopted thereunder, the performance standards specified in Section 31-35 or the provisions of its license; or

(2)

If the licensed hauler misrepresented a material statement of facts in its initial or any renewal application for a license; or

(3)

If other good cause exists to conclude that the licensed hauler's operations are having, or may have, adverse impacts on the public health, safety or welfare.

(b)

Notice of Violation. If the LEA determines that there is sufficient evidence of such noncompliance, violation, misrepresentation or cause, the LEA will give the licensed hauler written notice thereof, including the following:

(1)

The basis for its determination;

(2)

The measures that the licensed hauler must take to correct the noncompliance, violation, misrepresentation or cause; and

(3)

The time in which the licensed hauler must complete the corrective measures.

(c)

Notice of Intent. If the licensed hauler does not timely complete the corrective measures, the LEA will issue to the licensed hauler to its last known address, via certified mail with return receipt requested, a Notice of Intent to suspend or revoke (NOI) the license. The NOI shall include the following:

(1)

A statement informing the licensed hauler of the LEA's intent to suspend or revoke the license;

(2)

The basis for the LEA's determination;

(3)

A statement regarding the licensed hauler's right to request a hearing before the SWHP. Written request for the appeal may be submitted to the LEA and include the appeal initiation fee, per Section 31A-5.

(4)

A statement that if the licensed hauler does not request the hearing within fifteen (15) days of receipt of the NOI, the LEA may take action to suspend or revoke the permit.

(d)

Hearing. At the directed time, the SWHP will receive documentary evidence and hear testimony concerning the alleged noncompliance, violation, misrepresentation or cause and any other matter which the SWHP deems pertinent, from the following:

(1)

The LEA;

(2)

The licensed hauler; and

(3)

Other interested individuals.

(e)

Actions. Upon conclusion of the hearing, the SWHP may take any of the following actions:

(1)

Overturn the LEA's determination;

(2)

Support the LEA's determination and suspend, or revoke the license;

(3)

Order the licensed hauler to correct the noncompliance, violation, misrepresentation or cause, subject to suspension or revocation if the licensed hauler does not comply within a specified time; or

(4)

If the SWHP determines that cause exists for revocation, it may either revoke the licensed hauler's license, or, if the licensed hauler remedied the noncompliance, violation, misrepresentation or cause prior to the hearing, assess a monetary penalty against the licensed hauler under Section 31-24.4.

(f)

Notice. The SWHP shall give the licensed hauler written notice of its findings and its actions within thirty (30) days following the completion of the hearing, per Section 31A-4(d).

(Ord. No. 4019, § 2, 4-13-10; Ord. No. 4088, § 41, 11-4-14)