§ 70-38. Licensee's responsibilities and obligations.

(a)

Generally. Each licensee collector shall deliver all solid waste collected within the town, meeting the contractual standards, to the DSWF and pay the disposal charge to the CRRA. All other solid waste shall be delivered to such location as the director may designate and any required charge shall be paid by the licensee. All residential recyclables shall be delivered to such place as the director designates.

(b)

Failure to pay. Any licensee who fails to pay any disposal charge to the town or the CRRA, within 30 days of the date of the bill, shall pay, in addition to such bill, interest at the rate of one and one-half percent per month, or fraction thereof, beginning on the date of the bill, and all costs of collection, including reasonable attorney's fees. Failure to pay within 90 days shall be grounds for revocation or suspension of the license.

(c)

Prohibition on delivery. No licensee shall deliver solid waste meeting the contractual standards to any place other than the site designated by the director.

(d)

Vehicles; construction, maintenance. All registered vehicles and fixed site containers shall be automatic loading/unloading vehicles of watertight construction and shall be maintained free of noxious odors and accumulations of solid waste. Any vehicle with a capacity greater than ten cubic yards shall be of closed construction. Containers used for nonliquid solid waste need not be watertight, but must be completely enclosed. A vehicle of less than ten cubic yards may have an open top, provided that it is covered when in motion.

(e)

Delinquent customers. A licensee may refuse collection service to any customer who is more than 75 days delinquent in the payment of the licensee's fee. The refuse collector shall notify the director in writing of such action. However, the licensee shall immediately restore service upon payment of the debt.

(f)

Responsibility to provide service; refusal to provide. Licensees of the town are hereby made jointly responsible for providing collection service to any resident of the town. Any resident who is denied the services of a refuse collector or who is dissatisfied with his collection service with cause, may make application to the director, who shall have the right to direct such licensee to provide service or to designate another licensee to provide service. The selected licensee shall comply with the director's order. In making such designation, the director shall give primary consideration to those licensees who service customers in the same or a contiguous locality.

(g)

Designation of licensee to provide service. In the event that solid waste collection is not provided in a geographical area of the town, the director may designate a licensee to provide service to such geographical area. The designee is required to comply with the director's order.

(h)

Customers' containers. Licensees shall leave their customers' containers off the highway, in a neat and upright position, with lids replaced.

(i)

Spilled solid waste. Licensees shall clean up any solid waste or recyclables that spill while being collected or hauled.

(Code 1967, § 8B-25; Ord. No. 08-1, 3-3-2008)