ARTICLE II


LICENSING


SEC.

9-013.00 License Requirements and Licensure - Solid Waste Management Facilities, Solid Waste Disposal and Diversion, Hauling and Transfer, Collection and Storage


        The objective of this section shall be to establish better, more effective licensing requirements for solid waste management facilities, solid waste disposal and diversion, hauling and transfer, collection and storage and more efficient monitoring by the Department. Thus, the licensee shall be responsible for all DEQ requirements (inter alia, the Louisiana Solid Waste Operator and Certification Program Act R.S. 37:3151 et seq.) and licenses and compliance with all of the provisions of this ordinance.

HISTORICAL NOTE: Promulgated by the Department of Natural Resources, Board of Certification and Training for Solid Waste Disposal Operators, LR 10:404 (May 1984), amended by the Department of Environmental Quality, Board of Certification and Training for Solid Waste Disposal Operators, LR 14:12 (January 1988), LR 20:656 (June 1994).


        Where and when applicable, the licensee shall be responsible for facilitating all environmental monitoring, including but not limited to water, soil, and landfill gases, which are required by this ordinance or the license conditions for the applicable solid waste management activity or facility.

        The Department may not grant more than thirty (30) solid waste hauling permits during the first twelve (12) month period following the effective date of this ordinance. The Department may not grant more than twenty-five (25) permits during the second twelve month period, and not more than twenty (20) permits annually thereafter.

        The Department reserves the right to grant more than thirty (30) solid waste hauling permits during the first twelve month period following the effective date of this ordinance should the number of haulers possessing a valid St. Tammany Parish Occupational License exceed thirty (30). The Department may grant more than twenty-five (25) permits during the second twelve month period and more than twenty (20) permits annually thereafter should the number of permits granted during the first twelve month period exceed either total. The number of permits will be reduced if a current license holder terminates operations and does not transfer said license per this ordinance.

        Should the Department grant less than thirty (30) solid waste hauling permits during the first twelve (12) month period, only those persons and/or entities currently engaged in a solid waste hauling activity discussed herein, as of the effective date of this ordinance, shall be eligible to apply for an appropriate license.

SEC.

9-014.00 License Required


        The procedures and criteria for license issuance, denial, variance, revocation, suspension, renewal, administration, and fees shall be governed by this ordinance.

        License Term. Unless otherwise provided by the St. Tammany Parish Government, each license granted pursuant to the provisions of this ordinance shall be for a period of not more than one (1) year, unless earlier suspended or revoked. The license period shall be from the date of issuance until December 31, 2006 for initial licenses and thereafter annually from January 1 - December 31, a period of one (1) year, for license renewals. Each license granted during the 2006 term shall be valid for the 2007 license period. The Department may grant automatic license renewal if licensee is in compliance with all of the provisions of this ordinance.

SEC.

9-015.00 Application and Fees


        Application and Fees. An applicant for a license shall complete and submit to the Department an application on a form provided by the Department. The application shall not be considered complete until the Department receives all applicable fees, all materials required by this section, and all materials required by subsequent sections applying to the specific management activity for which a license is sought. Applicants for a license shall not commence any operation or engage in any activity until the license application has been approved by the Department; nor shall any operation commence until a license is issued.


        Those persons and/or entities currently, as of November 2, 2006, engaged in any waste activity discussed herein when this ordinance was adopted have sixty (60) days from November 2, 2006, to file for a permit.

        Written Application. A person who requests the issuance, modification, or renewal of a license shall complete sign, and submit to the Department a written application.

        The application shall contain the following non-exclusive list of requirements:

    A.    The name, address and telephone number of the facility owner, facility operator, and landowner of the activity or facility for which the application is submitted.

    B.    The name, address and telephone number of the person who prepared the application.

    C.    A description including the location of the activity or facility.

    D.    A general description of the wastes to be stored, processed, or disposed of; anticipated quantity of wastes to be stored, processed, or disposed of; and proposed methods for managing the wastes.

    E.    A general description of the proposed methods for managing run-off and run-on.

    F.    A topographic map, or other map if a topographic map is unavailable, that shows the proposed activity or facility and the area surrounding it for a distance of at least one mile in all directions. The map must be of sufficient scale to show all homes, buildings, lakes, ponds, watercourses, wetlands, dry runs, rock outcroppings, roads, areas for retention of surface water runoff and other applicable details as determined by the Department. Wells must be identified on the map. An analysis or characterization of the waste may be required by the Department. (Pertains to Solid Waste Disposal and Diversion license only.)

    G.    Written proof that the municipal or township governing body in which said activity or facility is located has considered the establishment of the activity or facility with respect to zoning, impact on township/municipal roads and other applicable regulations.

    H.    Where applicable, copies of insurance, inspections and haulers information (e.g., driver's license, driving record) and service records for all transportation vehicles.

    I.    Notification of any and all DEQ and/or Agency violations within three (3) years prior to submittal.

    J.    The activity must comply with the perimeter barrier and security requirements in LAC 33:VII.719.B.1.a, b and c, and with the buffer zone requirements in LAC 33:VII.719.B.2 for DEQ defined Type III Facilities only. Pertains to solid waste disposal and diversion license(s) only.

    K.    Demonstrate that an emergency action plan has been produced that contains, but is not limited to, the following: method to communicate with customers during extreme weather events (i.e., floods, hurricanes) so that waste is not allowed to be placed curbside or to accumulate and alternate disposal sites in case their primary site is temporarily or

permanently closed and/or inaccessible so that waste does not accumulate. Pertains to solid waste disposal and diversion license(s) only.
    
    L.    Requirements of the application may be modified or amended as needed by the Department.


        Signatures.
A license application must be signed as follows:

    A.    A license application must be signed by the activity or facility owner, landowner, and operator.

    B.    The applicant.

    Certification. A person who signs a license application shall make the following certification:

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision to ensure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete.”

        Application Review. Within thirty (30) days of receipt by the Department of a license application for a facility or activity, the Department shall notify the applicant in writing whether the application is complete and if not, what items are needed to make it complete, and shall give an estimate of the time it will take to process the application. Within a reasonable time of receipt of a completed application, the Department shall approve, disapprove, or delay decision on the application, with reasons for the delay, in writing. Submission of false information may constitute grounds for denying a license or license renewal, or suspension by revocation of an issued license. If the Department denies an application, it shall provide written reasons to the applicant and provide applicant a reasonable opportunity to cure any deficiencies.

        Other Waste Facilities. Any facility or activity not otherwise provided for in this ordinance must be licensed or exempted from licensure by the Department and/or DEQ prior to construction or operation. (ERC Title 33, Part VII, Subpart I, Section 313)

        Additional or Unnecessary Data. From time to time, as exclusively determined by the Department, the applicant may be asked to submit reasonable additional data as requested by the Department. The Department may waive a requirement for submitting certain information if such a waiver will not endanger the health or safety of the public.

SEC.

9-016.00 License Conditions


        License Conditions. The Department may impose conditions on any approvals or licenses that are issued by the Department that may be necessary due to the characteristics of the waste, facility specific conditions or other non-typical management characteristics or conditions pertinent to the regulated solid waste management activity or facility, in order to

protect public health, safety, or the environment or as otherwise provided by law, but said conditions shall not exceed or duplicate any DEQ provisions and/or requirements.

        Change in Facility Construction or Activity. No change within the parameters of the facility's license and permit shall be made in the construction activity or materials received at the facility unless such change is first approved by the Department.

        Financial Assurance-Contingency Action and Closure. Unless otherwise provided by the Department, issuance of any license pursuant to the provisions of this ordinance shall be contingent upon the applicant furnishing to the Department, financial assurance, in an amount to be set by the Parish Government, and naming the Parish as obligee with sufficient sureties duly licensed and authorized to transact corporate surety business in the State of Louisiana as sureties. The condition of such financial assurance shall be that if the licensee fails to obey any of the requirements or do any of the acts required by this ordinance in the operation of the activity or facility, or if, for any reason, ceases to operate or abandons the activity or facility, and the Parish is required to expend any monies or expend any labor or material to restore the activity or facility to the condition and requirements as provided by the ordinance, the obligor and the sureties on its financial assurance shall reimburse the Parish for any and all expenses incurred to remedy the failure of the licensee to comply with the terms of the ordinance, and the obligor and its sureties will indemnify and save the Parish harmless from all losses, costs and charges that may occur to the Parish because of any defaults of the obligor under the terms of their license to operate and the ordinances of the
Parish. The financial assurance shall be subject to cancellation by the surety at any time only upon giving ninety (90) days prior written notice of cancellation to the Department.

        The Department is specifically vested with the discretion to evaluate business operations and performance of any licensed party at any time.

        The Department is specifically vested with the discretion to evaluate business operations and performance of any applicant for licensure.

        The Department, at its sole discretion, may waive the financial assurance requirements under this section if the applicant, owner, or operator demonstrates to the satisfaction of the Parish that financial assurance is being provided to and has been approved by the Parish for the subject solid waste activity or facility and shall address site specific requirements as set by the Parish.
(ERC, Title 33, Part VII, Subpart 1, Chapter 3, Section 315, No. 4)

        Insurance. An applicant or licensee shall furnish to the Parish certificates of insurance, the types and amounts which are listed below by classification, by an insurer duly licensed within the State of Louisiana. The Parish reserves the right to require additional certificates of insurance issued by insurers duly licensed within the State of Louisiana in types and amounts to be established by the Parish based on the type of said waste management activity or facility under consideration. The licensee shall provide thirty (30) days written notice to the Department should any insurance policy be canceled before the expiration date of said policy.

Class A:    Transportation/Conveyance vehicle with a Gross Vehicle Weight Rating (GVWR) of six thousand pounds (6,000 lbs.) to twenty-six thousand pounds (26,000 lbs.).


            General Liability/Commercial Liability/Business Liability (operations and premises) per vehicle: Minimum $100,000.00 combined single limit for bodily injury and property damage.

            Automotive Liability, per vehicle: Minimum $100,000.00 including coverage for hired and non-owned vehicles, combined single limit for bodily injury and property damage.
        
            Workers Compensation: State of Louisiana statutory limits.    
    
Class B:    Transportation/Conveyance vehicle with a Gross Vehicle Weight Rating (GVWR) of             twenty-six thousand and one pounds (26,001 lbs.) to fifty-five thousand pounds (55,000             lbs.).

            General Liability/Commercial Liability/Business Liability (operations and premises) per vehicle: Minimum $500,000.00 combined single limit for bodily injury and property damage.

            Automotive Liability, per vehicle: Minimum $500,000.00 including coverage for hired and non-owned vehicles, combined single limit for bodily injury and property damage.

            Workers Compensation: State of Louisiana statutory limits.

Class C:    Transportation/Conveyance vehicle with a Gross Vehicle Weight Rating (GVWR) of fifty-five thousand and one pounds (55,001 lbs.) to sixty-two thousand pounds (62,000 lbs.) or above:
            
            General Liability/Commercial Liability/Business Liability (operations and premises) per vehicle: Minimum $1,000,000.00 combined single limit for bodily injury and property damage.

            Automotive Liability, per vehicle: Minimum $1,000,000.00 including coverage for hired and non-owned vehicles, combined single limit for bodily injury and property damage.

            Workers Compensation: State of Louisiana statutory limits.

        Continuation of Expired License. A person and/or entity who holds an expired license and who has submitted a timely and complete application for re-issuance of the license may continue to conduct the licensed activity until the Department takes action on the application if the Department determines that there is compliance with the following non-exclusive criteria:

    A.     The licensee is in compliance with the terms and conditions of the expired license and the St. Tammany Parish Solid Waste Management Ordinance; or,

    B.    The Department, through no fault of the licensee, has not taken action of the application on or before the expiration date of the license; or,

    C.    The licensee is deemed responsible as unilaterally determined by the Department; or,



    D.    The licensee is deemed responsive to Department orders, as unilaterally determined by the Department.

        Unless otherwise provided for in this ordinance, applicants, owners, and operators of proposed or licensed activities or facilities shall comply with Title 33, Part VII et seq. of the Environmental Regulatory Code (ERC). The Department may waive certain requirements provided said waiver will not endanger the environment or the safety or health of the public.

        A license will remain valid only so long as the facility or activity is in compliance with applicable Louisiana and Federal Statutes, together with Department rules, regulations, and this ordinance.

        All individuals, companies and governmental entities engaged in the collecting and transferring of solid waste & debris shall limit hours of operation to 5 am through 9 pm daily. It is expressly prohibited to conduct collection activities outside of the permitted hours of operation. An exception is in the event of a public emergency affecting the health, safety and general welfare, the limits on hours of operation shall be temporarily suspended pending the resolution of the emergency (St. Tammany Parish Ordinance No. 02-0588, adopted 12/05/2002). An exception is the collection and transferring of industrial and commercial solid waste. Collection of commercial refuse, commercial recyclables, and industrial solid waste may not be conducted where the dumpster or other commercial and/or industrial refuse container is within two hundred (200) feet of any private residence between the hours of 9:00 p.m. and 6:00 a.m. Where the dumpster or other commercial and/or industrial refuse container is more than two hundred (200) feet from residential property then the collection times stated above do not apply. For the purpose of this section, collection of refuse or recyclables at apartments, apartment houses or complexes, condominiums, and/or co-ops shall be classified as commercial collection.
    
        Applicants shall be required to provide a copy of a valid St. Tammany Parish Occupational License and submit said copy when submitting a completed license application form. Failure to provide or possess a valid St. Tammany Parish Occupational License will cause an application to be deemed deficient.

        Licensees shall be required to possess a valid St. Tammany Parish Occupational License throughout the license term. Failure to possess a valid St. Tammany Parish Occupational License during the license term shall be considered cause to terminate and/or revoke any type of license established by this ordinance.

        Any and all permitees found not to be in compliance with any section of this or any other applicable Parish ordinances shall be penalized for each and every offense in accordance with Article VII, Section 1, Enforcement and Penalties.

        Any license issued by the Parish, as per this ordinance, shall not be assigned or transferred in any way whatsoever. Notwithstanding the foregoing, if a non-licensee acquires the business of a current licensee and meets all applicable requirements, said license shall be transferrable.

        Licensee agrees to perform all services in a workmanlike and professional manner.


        Licensee agrees to ensure that its personnel are, at all times, educated and trained, and further, that Licensee and its personnel will perform all work and services of a reasonably- related Licensee in St. Tammany Parish.

        Licensee shall be required to provide the Department as well as any and all customers written notice at least thirty (30) days prior to a termination/cancellation of service, change in the number of days of pick-up per week, and change in service fees. Licensee shall have the duty and responsibility to remit or refund, on a pro rata basis, any unused funds that are paid in advance. Failure to timely remit or refund over payment shall be deemed a violation of this article.

ARTICLE III

SOLID WASTE MANAGEMENT FACILITIES

SEC.

9-017.00 Solid Waste Management Facilities


        The objective of this section shall be to establish better, more effective licensing requirements for solid waste management facilities and more efficient monitoring by the Department. Thus, the licensee shall be responsible for all DEQ requirements (inter alia, the Louisiana Solid Waste Operator and Certification Program Act R.S. 37:3151 et seq.) and licenses and compliance with all the provisions of this Chapter.

HISTORICAL NOTE: Promulgated by the Department of Natural Resources, Board of Certification and Training for Solid Waste Disposal Operators, LR 10:404 (May 1984), amended by the Department of Environmental Quality, Board of Certification and Training for Solid Waste Disposal Operators, LR 14:12 (January 1988), LR 20:656 (June 1994).

        No licensee shall operate any solid waste management activity or facility, or dispose of, or permit to be disposed, any solid wastes in a manner so as to degrade the soil, air, or waters of the Parish. Any licensee who causes any degradation of the soil, air, or waters of the Parish shall undertake whatever action is necessary to correct the degradation and restore said soil, air, or waters to its condition prior to its degradation. (ERC, Title 33, Part VII, Subpart 1, Chapter 3, Section 315, (P) and (L))

        This Chapter shall not apply to solid waste management facilities located within incorporated areas of the Parish.

        The licensee shall be responsible for facilitating all environmental monitoring, including but not limited to water, soil, and landfill gases, which are required by this ordinance or the license conditions for the applicable solid waste management activity or facility, but not to exceed or duplicate any and all DEQ requirements.

SEC.

9-018.00 Additional License Requirements


        Unless otherwise provided by this Chapter, no person shall cause, permit or allow real or personal property under their control to be used for solid waste management purposes, except at an operation for which a license has been granted by the Department. The procedures for license issuance, denial, variance, revocation, suspension, renewal, administration, and fees shall be governed by this Chapter.
    


        Licensee. For applicable solid waste management activities or facilities a license shall be issued to the landowner, facility owner, and facility operator or other persons responsible for compliance with the requirements of this ordinance.

        License Term. Unless otherwise provided by the St. Tammany Parish Government, each license granted pursuant to the provisions of this ordinance shall be for a period of not more than one (1) year, unless earlier suspended or revoked. The license period for solid waste management activities or facilities shall be from the date of issuance until December 31 for initial licenses and from January 1 - December 31, a period of one (1) year, for license renewals.

        Notwithstanding, all solid waste management activities or facilities shall submit an annual report containing information, data, plans, and reports as required by the Department for the specific solid waste management activity or facility.

SEC. 9-019.00 Application and Fees    

        Application and Fees. An applicant for a license to engage in a solid waste management activity shall complete and submit to the Department an application on a form provided by the Department. The application shall not be considered complete until the Department receives all applicable fees, all material required by this section, and all materials required by subsequent sections applying to the specific management activity for which a license is sought. Applicants for a solid waste management activity or facility license shall not commence any operation or engage in any activity until the license application has been approved by the Department; nor shall any operation commence until a license is issued. Application fees shall established by ordinance.

Those persons and/or entities currently, as of November 2, 2006, engaged in any solid waste activity when this ordinance was adopted have sixty (60) days from November 2, 2006, to file for a permit.

        Written Application. A person who requests the issuance, modification, or renewal of a solid waste management activity license shall complete, sign, and submit to the Department a written application.

The application shall contain the following non-exclusive list of requirements:

    A.    The name, address and telephone number of the facility owner, facility operator, and landowner of the proposed solid waste management activity or facility for which the application is submitted.

    B.    The name, address and telephone number of the person who prepared the application.

    C.    A description including the location of the solid waste management activity or facility.

    D.    A general description of the wastes to be stored, processed, or disposed of; anticipated quantity of wastes to be stored, processed, or disposed of; and proposed methods for managing the wastes.
    
    E.     A general description of the proposed methods for managing run-off and run-on.



    F.    A topographic map, or other map if a topographic map is unavailable, that shows the proposed solid waste management activity or facility and the area surrounding it for a distance of at least one mile in all directions. The map must be of sufficient scale to show all homes, buildings, lakes, ponds, watercourses, wetlands, dry runs, rock outcroppings, roads, areas for retention of surface water runoff and other applicable details as determined by the Department. Wells must be identified on the map. An analysis or characterization of the waste may be required by the Department. A topographic map, or other map if a         topographic map is unavailable, is only required if an applicant is applying for solid Waste Disposal and Diversion license.

    G.    Written proof that the municipal or township governing body in which said solid waste management activity or facility is located has considered the establishment of the solid waste management activity or facility with respect to zoning, impact on township/municipal roads and other applicable regulations.

    H.    Where applicable, copies of insurance, inspections and haulers information (e.g., driver's license, driving record) and service records for all transportation vehicles.

    I.    Notification of any and all DEQ and/or Agency violations within three (3) years prior to submittal.

    J.    The facility must comply with the perimeter barrier and security requirements in LAC 33:VII.719.B.1.a, b and c, and with the buffer zone requirements in LAC 33:VII.719.B.2.

    K.    Demonstrate that an emergency action plan has been produced that contains, but is not limited to, the following: method to communicate with customers during extreme weather events (i.e., floods, hurricanes) so that waste is not allowed to be placed curbside or to accumulate and alternate disposal sites in case their primary site is temporarily or permanently closed and/or inaccessible so that waste does not accumulate.

    L.    Requirements of the application may be modified or amended as needed by the Department.


        Signatures.
A license application must be signed as follows:

    A.    By the solid waste management activity or facility owner, landowner, and operator.

    B.    By a Louisiana registered engineer when a firm prepares the necessary reports and plans for a solid waste management activity or facility license.

        Certification.
A person who signs a license application shall make the following certification:

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who mange the system,

or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete.”

        Application Review. Within thirty (30) days of receipt by the Department of a license application for a solid waste facility or activity, the Department shall notify the applicant in writing whether the application is complete and if not, what items are needed to make it complete, and shall give an estimate for the delay, in writing. Submission of false information may constitute grounds for denying a license or license renewal, or suspension by revocation of an issued license.

        Other Waste Facilities
. Any solid waste management site, facility, or activity not otherwise provided for in this ordinance must be licensed or exempted from licensure by the Department and/or DEQ prior to construction or operation. (ERC Title 33, Part VII, Subpart I, Section 313)

        Additional or Unnecessary Data. The applicant must submit reasonable additional data requested by the Department. The Department may waive a requirement for submitting certain information if such a waiver will not endanger the health or safety of the public.

SEC. 9-020.00 License Conditions

        License Conditions. The Department may impose conditions on any approvals or licenses that are issued by the Department that may be necessary due to the characteristics of the waste, facility specific conditions or other non-typical management characteristics or conditions pertinent to the regulated solid waste management activity or facility, in order to protect public health, safety, or the environment or as otherwise provided by law.

        Change in Facility Construction Activities or Materials Accepted. No change within the parameters of the facility's license and permit shall be made in the construction activities or materials accepted at a solid waste management activity or facility unless such change is first approved by the Department, DEQ and the Agency.

        Financial Assurance-Contingency Action and Closure. Unless otherwise provided by the Department, issuance of any license pursuant to the provisions of this ordinance shall be contingent upon the applicant furnishing to the Department, financial assurance, in an amount to be set by the Parish Government, and naming the Parish as obligee with sufficient sureties duly licensed and authorized to transact corporate surety business in the State of Louisiana as sureties. The condition of such financial assurance shall be that if the licensee fails to obey any of the requirements or do any of the acts required by this ordinance in the operation of the solid waste management activity or facility, or if, for any reason, ceases to operate or abandons the solid waste management activity or facility, and the Parish is required to expend any monies or expend any labor or material to restore the solid waste management activity or facility to the condition and requirements as provided by the ordinance, the obligor and the sureties on its financial assurance shall reimburse the Parish for any and all expenses incurred to remedy the failure of the principle to comply with the terms of the ordinance, and the obligor and its sureties will indemnify and save the Parish harmless from all losses, costs and charges that may occur to the Parish because of any defaults of the obligor under the terms of their license to operate and the ordinances of the Parish. The financial assurance shall be subject to cancellation by the surety at any time only upon giving ninety (90) days prior written notice of cancellation to the Department. The Department may

waive the financial assurance requirement should licensee provide the Department with proof of financial assurance required by the State of Louisiana for the operation of the activity or facility and said financial assurance meets Department requirements. The Department reserves the right to require licensee to name the Parish as an obligee on said financial assurance.

        The Department is specifically vested with the discretion to evaluate business operations and performance of any licensed party at any time.

        The Department is specifically vested with the discretion to evaluate business operations and performance of any applicant for licensure.

        The Department, at its sole discretion, may waive the financial assurance requirements under this section if the applicant, owner, or operator demonstrates to the satisfaction of the Parish that financial assurance is being provided to and has been approved by the Parish for the subject solid waste activity or facility and shall address site specific requirements as set by the Parish.
(ERC, Title 33, Part VII, Subpart 1, Chapter 3, Section 315, No. 4)

        Insurance. An applicant shall furnish to the Parish certificates of insurance in the amount of $1,000,000.00 of general liability insurance, issued by an insurer duly licensed within the State of Louisiana. The Parish reserves the right to require additional certificates of insurance issued by insurers duly licensed within the State of Louisiana in types and amounts to be established by the Parish based on the type of said solid waste activity or facility under consideration. The licensee shall provide thirty (30) days written notice to the Department should any insurance policy be canceled before the expiration date of said policy.

        Continuation of Expired License.
A person and/or entity who holds an expired license and who has submitted a timely and complete application for reissuance of the license may continue to conduct the licensed solid waste management activity until the Department takes action on the application if the Department determines that there is compliance with the following non-exclusive criteria:

    A.    The licensee is in compliance with the terms and conditions of the expired license and the St. Tammany Parish Solid Waste Management Ordinance; or,

    B.    The Department, through no fault of the licensee, has not taken action of the application on or before the expiration date of the license; or,

    C.    The licensee is deemed responsible as unilaterally determined by the Department; or,

    D.    The licensee is deemed responsive to Department orders, as unilaterally determined by the Department.

        Unless otherwise provided for in this ordinance, applicants, owners, and operators of proposed or licensed solid waste management activities or facilities shall comply with Title 33, Part VII et seq. of the Environmental Regulatory Code (ERC). The Department may waive certain requirements provided said waiver will not endanger the environment or the safety or health of the public.


        The Department may issue owners or operators of the following solid waste management facilities or activities a St. Tammany Solid Waste Management License upon notification of the proposed activity.

        A general solid waste management license will remain valid only so long as the facility or activity is in compliance with applicable Louisiana Statutes, Solid Waste Management Rules, and the St. Tammany Parish Solid Waste Management Ordinance.

        A solid waste management owner/operator eligible for consideration under this section shall, upon request by the Department, submit a form provided by the Department notifying the Department of its proposed activity. (ERC Title 33, Part VII, Subpart 1, Chapter 5, Section 503-A)

        Any and all permitees found not to be in compliance with any section of this or any other applicable Parish ordinances shall be penalized for each and every offense in accordance with Article VII, Section 1, Enforcement and Penalties.

ARTICLE IV

COLLECTION AND STORAGE

SEC. 9-025.00 Solid Waste Collection and Storage

        Solid Waste Accumulation. Except as otherwise allowed by this ordinance, owners and managers of every property shall be responsible for maintaining all open areas free of improperly stored solid waste accumulation.

        Nothing in this subsection shall unreasonably restrict commonly accepted activities of farms and duly established automobile, scrap iron, metal recyclers, or salvage operations that maintain such operations in an orderly and nuisance free manner.

        Storage Facilities and Containers Required. Every residential property owner shall have adequate solid waste storage facilities or containers. Only those items (i.e. white goods, tree limbs)
larger than a standard sized facility of container shall be allowed to be placed loosely or upon the ground prior to collection. Those items requiring special handling shall be placed adjacent to the service area, but not in the street, so as to block the flow of traffic.

        Waste Materials too Large for Containers.
Waste objects too large or otherwise unsuitable for storage containers shall be stored in a pollution and nuisance free manner.

        Provided Facilities Required to be used. Property owners shall cause occupants and employees to store solid waste for removal in the solid waste storage facilities or containers provided by said property owner or by Licensee if a commercial customer. The property owner shall not permit solid waste to be placed in locations or in a manner that the solid waste may be scattered by wind, water, animals, or insects.

        Frequency of Container Service. Every property owner shall cause container contents to be removed and deposited at a permitted disposal facility at a frequency so as to not create a nuisance. Solid waste shall not be stored on public or private property for more than two (2) weeks without the written approval of the Department. Solid wastes suitable and stored for

recycling may be contained if stored in an acceptable manner that avoids risk to public safety and otherwise complies with this ordinance.

        Storage Construction. All solid waste storage containers shall be constructed of rust and impact resistant materials with covers that deter rodent and insect entry. The containers shall be equipped with tight-fitting covers that shield the container from the entrance of precipitation, rodents, insects, and vermin.

    A.    As described in Volume 42, No. 113, pages 30296 to 30302 of the Federal Register, Refuse Bins having an internal volume of one (1) cubic yard or greater shall be constructed or retrofitted to meet American National Standards Institute (ANSI) Standard (Z 245.3-1077) for the Stability of Refuse Bins.

    B.    Single use containers not meeting the above requirements may be used for Yard Waste provided the container is:

        1. Constructed of moisture resistant materials
        2. Adequately designed to contain the waste.
        3. Closed to resist the entrance of water.
        4. Loaded no more than fifty-five (55) pounds.
        5. Strong enough to allow collection and loading by hand.

        Container Maintenance. Solid waste containers shall be maintained in a nuisance free condition by the owner. When supplied by a property owner or commercial hauler, the containers shall be maintained in good repair.

Container Compliance:

    A.    Any commercial hauler finding solid waste containers in use that appear not to be in compliance with this ordinance shall report the container's location to the Department.

    B.    The Department shall investigate complaints about solid waste containers and if the container is found not in compliance a notice shall be attached to the container as provided in this section. If the Department does not investigate the complaint, the Department shall mail to the container's owner a notice that a complaint was received regarding the container. The notice shall describe this ordinance's requirements for a solid waste container. The owner shall report their actions to the Department within ten (10) days of the notice date regarding the corrections they have made. If the owner does not make this report to the Department within ten (10) days, the Department shall proceed with an investigation. If the container is found to be in violation of this ordinance, a notice shall be attached to the container stating substantially as follows:

NOTICE: This solid waste container does not comply with the St. Tammany Parish Government Solid Waste Ordinance and this container shall be removed by the owner within ten (10) calendar days. The licensed solid waste hauler who services this property is hereby ordered by the St. Tammany Parish Department of Environmental Services not to empty this container.

SIGNED BY: on behalf of the St. Tammany Parish Department of Environmental Services.



DATE OF NOTICE:___________________

WARNING: This notice shall not be removed except by action of the St. Tammany Parish Department of Environmental Services.

    C.    The notice attached to the container shall not be removed except by action of the Department.

    D.    Any public costs associated with investigation and removal of the container may be charged as a fee to the owner of the container or as an assessment against the property as provided by law.    

SEC. 9-026.00 Transfer of Solid Waste

        Transfer of Solid Waste.
Solid waste shall not be transferred to another property or solid waste container except with the written consent of the owner, or under contract of services between said owner and a licensed hauler.

SEC. 9-027.00 Solid Waste Burning Prohibited

        Solid Waste Burning Prohibited. The burning of solid waste shall be prohibited except as allowed at a permitted solid waste facility.

SEC. 9-028.00 Hazardous Waste Storage

        Hazardous Waste Storage. Hazardous wastes shall be stored in leak-proof containers which are adequately labeled, in a safe location and in compliance with the regulations of Federal, State and Local Governments, and their regulatory agencies.

ARTICLE V
    
SOLID WASTE HAULING AND TRANSFER


SEC. 9-036.00 Mixed Municipal Solid Waste and Solid Waste Hauling and Transfer

        No person or entity may collect waste for hire without a license from the Department.

        Applicability. This section shall apply to all persons and/or entities seeking a license to collect and transport mixed municipal solid waste and/or solid waste, at the point of generation or that transfer or otherwise transport solid waste to a disposal or processing facility.

SEC. 9-037.00 Additional Licensing Requirements

        Additional Licensing Requirements. In addition to the applicable requirements as stated above, an applicant shall also submit the following non-exclusive information:

    A.    A list of all vehicles, including satellite vehicles, to be used for waste collection and transportation, specifying make, model and year for each vehicle; each vehicle's rated capacity, tare weight, license plate number, state issued registration number, copy of all

relevant State and/or Parish inspection decals, including but not limited to brake inspection certifications, and the designated facility number exclusively issued for that specific vehicle. Any vehicle and/or trailer and/or other hauling device employed by the licensee must separately and collectively meet all requirements specified herein, including but not limited to weight limitations and State and Parish inspection requirements. It is the responsibility of the licensee to maintain all their equipment, hauling devices and vehicles in a safe, non-hazardous manner that does not endanger the public nor the environment.

    B.    The total number of commercial accounts in the Parish, the total number of residential accounts in the Parish, the days of the week waste is collected for each city and township or subdivision or any other residential dwelling in the Parish.

    C.    A description of the company's recycling and other waste abatement activities.

    D.    Certificate(s) of insurance as may be required by the Department.

    E.    Any and all additional information pertaining to waste management requested by the Department, if deemed necessary, including but not limited to a copy of the operator(s) license and driving records for the past three (3) years; emergency management and/or spill remediation plan; and OSHA compliance assessments.

SEC. 9-038.00 Equipment and Operation Requirements

Equipment and Operation Requirements.

    A.    Each vehicle or other conveyance used by a hauler for the collection or transportation of waste shall be easily cleanable, leak-proof, and be covered with metal, canvas, a fish- net type material made for this purpose so long as such covering does not permit nuisances or debris or liquid from falling, blowing or otherwise exiting the vehicle until disposal.

        Modifications to any vehicle, trailer or other hauling device beyond the manufacturer's specification must be approved by the Department prior to such modifications by the licensee.
        
        In the case of a modified truck or trailer, no such approval will be granted unless said licensee or proposed hauler alters or modifies an existing truck beyond the manufacturer's safety specifications, or if such alterations or modifications endanger public safety or the environment. Therefore, no truck or trailer will be allowed to be permitted if said truck's or trailers altered or modified sidewalls (used to contain solid waste) are more than (3) times taller than the height of the truck, but in no case shall exceed ten (10) feet in height.

        Regardless of any an all modifications to either the trucks or the trailer, any and all responsible safety precautions must be employed by said licensee, such as ensuring that the altered or modified sidewalls are properly anchored or secured to minimize potential harm to employees, the public, and to avoid spills.


        All alterations and/or modification beyond manufactured specifications must meet the requirements of this ordinance.

    B.    Decals may be issued by the Department for each licensed vehicle or conveyance; these shall be displayed in a conspicuous place on the left side of the cab. Designated facility numbers shall be displayed as directed by the designated facility. The licensee must maintain all decals, labeling, and license plates so that they are readily visible and legible at all times. The licensed hauler shall contact the Department by telephone or in writing if it finds it necessary to use a vehicle other than one included in its original or amended license application.

    C.    The business name and telephone number of the licensee shall be easily visible and be printed or painted in legible characters on both sides of all vehicles, containers, and conveyances used by the hauler to store, collect, or transport waste generated within the Parish.

    D.    The Department may inspect and approve all waste storage, collection, and transportation containers, vehicles, and conveyances if deemed necessary by the Department to protect public health, safety, or the environment.

    E.    The licensee shall not allow waste to remain or be stored in any collection or transportation vehicle in excess of forty-eight (48) hours, except in the event of an emergency such as inclement weather, equipment breakdown, or accident. The Department may approve storage for greater than forty-eight (48) hours, on a case-by- case basis, for reasons other than emergencies, provided such storage will not adversely affect public health, safety, or the environment.

    F.    The licensee shall be responsible for the cleanup of any waste that must be discharged from a licensed hauling vehicle in an emergency. The licensee shall cleanup said litter or waste within forty-eight (48) hours of the occurrence . An emergency management and spill remediation plan must be provided to the Department.

    G.    The licensee shall not impose a greater charge on residents who recycle and/or engage in composting than on residents who do not recycle and/or engage in composting.

SEC. 9-039.00 Pick-Up and Transfer Stations

        Pick-Up and Transfer Stations. A license and permit shall first be obtained from the DEQ and the Department to construct, establish, maintain, or operate a pick-up and/or transfer station. The application and permit fee, which shall accompany the permit application, shall be set by resolution of the St. Tammany Parish Government. Said license shall meet all DEQ requirements and sections of this ordinance.

A.    The following information shall be submitted as part of the application. If any of the following information is also required by the DEQ as part of its Pick-Up and/or Transfer Station permitting process, then the Department shall accept said information as a sufficient substitute.

    1.    The application for the license shall contain a site-plot plan, engineering plans, and an operational report.



    2.    The site-plot plan shall have a scale of one inch equal to not more than fifty (50) feet and have a vertical contour interval not greater than five (5) feet. The site-plot plan shall include all land within 1,000 feet of property of the proposed facility. The following shall be included as a minimum:

        a. Location, size and ownership of the land upon which the station will operate.
        b. City and/or township boundaries.
        c. North arrow, section line, section number.
        d. Water of the State, flood plains and floodways.
        e. Land use and zoning within a 1,000 foot radius of the property lines.
        f. Adjacent residences and property ownership.
        g. Roads and railroads.

    3.    The following engineering plans shall include as a minimum:

        a.    Roads, screening, fencing gates, dimensions of buildings, dimensions of storage areas, loading and unloading zones, location of existing utilities.
        b.    Dikes, berms, walls, dividers.        
        c.    The Department may request a report on the subsurface condition at the proposed facility. The department may request data that is adequate to indicate suitable soils, geological and groundwater information at the site. The above data will be detailed on cross sections, the location of which will be indicated on the site plan.

4.    The operations report shall include as a minimum:

        a.    Complete plans and specifications, proposed operating procedures for the transfer station, place of ultimate disposal and equipment to be used.
        b.    The composition, thickness, preparation or compaction of the impervious lines, if used.
        c.    The name of the local fire department. Describe the arrangements that have been made and will be made with the local fire department to ensure the safety of fire response personnel and to minimize pollution which might otherwise occur as a result of fire or fire-fighting efforts.

B.    The following shall be established and maintained at the pick-up and/or transfer station site:

    1.    A sign, subject to the approval of the Department, shall be posted on the premises indicating the station name, the schedule of days and hours it is open to the public and prices for use.

    2.    Roads on the premises shall be all-weather surfaced. The premises shall be constructed and landscaped in such a manner as to be aesthetically pleasing in appearance.

    3.    Adequate sanitary facilities and shelter for personnel shall be provided on the premises.

    4.    Records approved by the Department shall be maintained indicating the type and quantity of solid waste passing through the pick-up and/or transfer station.

    5.    The operator of the facility shall implement an inventory system and segregation procedure sufficient to enable identification of the sources of all containers in storage at any time.

    6.    The pick-up and/or transfer station shall be so equipped, situated, operated and maintained so as to minimize interference with other activities in the area.

C.    A transfer station permitee shall comply with the following regulations:

    1.    The permitee shall wash and clean the station at the end of each day of use.

    2.    The premises, entrances and exits shall be maintained in a clean, neat and orderly manner at all times.

    3.    All incoming and outgoing traffic shall be controlled by the licensee in such a manner as to provide orderly and safe entrance and exit.

    4.    No alterations or additions to the disposal system will be made without the written consent of the Department.

    5.    Records approved by the Department shall be maintained indicating the type and quantity of waste passing through the pick-up and/or transfer station. Each quarter the licensee shall submit reports indicating the type and quantity of waste passing through the transfer station to the Department.    

    6.    All unloading of solid wastes from contributing vehicles shall be conducted in such a manner as to eliminate odor and litter outside the station.

    7.    Solid wastes shall not remain in the pick-up and/or transfer station longer than forty- eight (48) hours.

ARTICLE VI

DISPOSAL AND DIVERSION

SEC. 9-043.00 Solid Waste Disposal and Diversion

        It is unlawful to operate a solid waste landfill, recycling facility, composting facility, construction and demolition debris landfill and/or co-composting facility without first obtaining a DEQ permit pursuant to Title 33 of Environmental Regulatory Code, Part VII, and a St. Tammany Solid Waste Management License.

        The Department shall encourage lawful and sustainable waste diversion techniques (e.g., recycling, composting) where economically viable and publicly supported.

        A recycling facility, composting facility, construction and demolition debris landfill and/or co-composting facility license application shall meet all said DEQ permit requirements along with the following:

    A.    A current map or an aerial photograph of the area showing the land use and zoning within one-quarter (1/4) mile of the facility. A location inset map shall be included.


    B.    A plot plan including the legal description of the site of the facility; a description of the immediate adjacent area showing dimensions, present and planned pertinent features, including but not limited to roads, buildings, fencing and other applicable details; and the general topography. The scale of the plot plan shall not be greater than two hundred (200) feet per inch.

    C.    A report shall accompany the plans indicating:

        1.     Area of the site in acres;
        2.     Owner of the site and proposed permittee;
        3.    Individuals responsible for actual operation and maintenance of the recycling facility and attending operating procedures;
        4.     Sanitary landfill or other waste facility where any residue will be transferred, the owner, hours of operation and DEQ permit number;
        5.    Type and amount of equipment to be provided for the operation of the recycling facility;
        6.    Population and geographical areas to be served by the proposed facility;
        7.    An estimate of materials to be delivered to the facility;
        8.    Proposed storage capacity on-site;
        9.    Proposed marketing plan for materials;
        10.    Proposed access routes within a one (1) mile radius of the proposed facility;
        11.    As recommended by the Department, suitable soils, geologic and groundwater information will be submitted;
        12.    Local government approval of the facility site;
        13.    Storm water management plan; and
        14.    Emergency management plan, especially in case of a fire.

    D.    Where applicable, a DEQ approved permit.

    E.    Any and all other information required by the Department.

SEC. 9-044.00 Operating Requirements

        Operating Requirements
. The following shall be established and maintained at the recycling facility site:

    A.    A sign, subject to the approval of the Department, shall be posted on the premises indicating the facility name, schedule of days and hours it is open to the public, and prices for use.

    B.    Records approved by the Department shall be maintained indicating the type and quantity of materials passing through the facility.

    C.    The facility shall be so situated, equipped, operated and maintained so as to limit interference with other activities in the area.

    D.    The premises, entrances and exits shall be maintained in a clean, neat and orderly manner at all times.

    E.    All incoming and outgoing traffic shall be controlled by the permittee in such a manner as to provide orderly and safe ingress and egress.



    F.    All unloading of materials from contributing vehicles shall be conducted in such a manner as to eliminate odor and litter outside of the facility.

    G.    Such other regulations as may be established by the St. Tammany Parish Government and/or the Department in order to protect the health, safety and welfare of the public and the environment.

    H.    All processing shall occur in an enclosed area, or in a manner that reduces the possibility of nuisances and/or vectors.

(St. Tammany Parish Ord. No. 06-1417, adopted 11/02/2006) (ERC, Title 33, Part VII, Subpart 2, Chapter 103)

ARTICLE VII

SPECIAL ISSUES


SEC. 9-050.00 Scavenging, Waste Tires and White Goods

        The scavenging or removal of recoverable or recyclable materials from any facility or container, including but not limited to residential containers, in St. Tammany Parish without the written consent of the owner or operator shall be prohibited.

        The disposal of waste tires in the land is prohibited. This does not prohibit the storage of unprocessed waste tires at a collection or a processing facility. Waste tires shall be managed in full compliance with the provisions of this ordinance regardless of number. Waste tire management shall include, but is not limited to, the generation, collection, storage, transportation, processing, reuse, recycling, incineration and/or disposal of waste tires, either whole or in part. Waste tires shall be disposed of according to the requirements of Title 33, Part VII, Chapter 105 of the Environmental Regulatory Code (ERC).

        A person and/or entity may not place major appliances, or “white goods” in mixed municipal solid waste, or dispose of major appliances, or “white goods” in or on the land. It is further prohibited to store or abandon junk, wrecked or used automobiles, or motor vehicles, or any other junk, discarded or abandoned machinery of metal, tin or other discarded items on a lot of any subdivision approved by the Police Jury for residential use, or on any neutral ground, alley, sidewalk space or roadway within the unincorporated areas of the Parish. (Ord. No. 496, Bk. 6, P. 459).

        A person and/or entity may not place batteries and/or fluorescent lights in mixed municipal solid waste, or dispose of batteries and/or fluorescent lights in or on the land.

        A yard waste compost site not exceeding three hundred (300) cubic feet in size may be allowed on a land parcel without a permit or license under this ordinance if the site is properly managed to prevent nuisance or health and safety problems. Said compost site may utilize grass clippings, leaves, and brush limbs. No household shall make a nuisance of their yard waste compost site regardless of size.

SEC. 9-051.00 Landfill

Landfill. Any and all landfill facilities must comply with Title 33, Part VII, Chapter 7, Subchapter B, §711 of the Environmental Regulatory Code (ERC).



SEC. 9-052.00 Unauthorized Dumping

        Unauthorized Dumping. It shall be a violation of this ordinance for any person and/or entity to dispose of solid waste collected within St. Tammany Parish at any place, regardless of location, except at a Subtitle D- Landfill site or facility authorized by this ordinance and/or DEQ.

SEC. 9-053.00 Unlicensed Open Dumps

        Unlicensed Open Dumps. It shall be a violation of this ordinance for any person to operate an open dump. Waste placed in open dumps or illegally disposed of shall be collected and transported to a licensed waste facility for proper disposal by the property owner or other person(s) determined by the Department to be responsible for the illegal activity. The responsible party shall notify the Department at least forty-eight (48) hours prior to commencement of excavation/removal activity at the subject site. A receipt or other documentation approved by the Department, which indicates satisfactory and legal disposal of the subject solid waste shall be submitted to the Department no later than fourteen (14) days after disposal. Any licensee that utilizes an unlicensed open dump, even if such material does not originate in St. Tammany Parish, will be subject to the loss of said license for not less than three (3) years. Furthermore, the licensee shall clean up said area within thirty (30) days and shall be subject to a fine of up to ten thousand ($10,000.00) per incident.”

SEC. 9-054.00 Open Burning or Illegal Incinerators

        Open Burning or Illegal Incinerators. It will be illegal for any entity, corporation, firm, association or individual to burn or release into the air or water of St. Tammany Parish any of said hazardous wastes or by-products. (Ord. No. 82- 502, adopted 12/16/82), except that said activity within the boundaries of St. Tammany Fire Protection District No. 1 shall be governed by Section 14.002.02 hereof. (Ord. No. 91-1412, adopted 03/21/91).

EDITORIAL NOTE: See Section 8-014.00, 8-036.00 of the St. Tammany Parish Code of Ordinances for Fire Protection District No. 1. Non-licensed facilities and haulers in existence on the effective date of this ordinance shall be reported to the Department and conform to the provisions of this ordinance. A record, including a map location of any area used for land disposal and/or service area, shall be filed at the office of the Department. Non-licensed operations shall be terminated within one year of the effective date of this ordinance except as authorized by the Department, or brought into compliance with this ordinance.

        The Department will remain mindful of Areas Of Special Environmental Concern, which means a flood hazard area or floodplain, wetland, surface or subsurface drinking water source in the Parish. All land below the ten- foot contour line shall be presumed to be a flood hazard area or wetland unless the applicant provides satisfactory proof to the contrary. (Ord. No. 85-381, adopted 14/18/85).

ARTICLE VIII
    
ENFORCEMENT, PENALTIES AND FEES


SEC. 9-060.00 Enforcement and Penalties

        Provisions of this ordinance shall be enforced as per law, including but not limited to Section 1-008.00 of the Code of Ordinances of St. Tammany Parish, Louisiana. (Ord. No. 82- 502, adopted 12/16/82) and the Administrative Hearing Officer.

        Misdemeanor
. Any person within the Parish who violates this ordinance, or who shall permit such a violation to exist on the premises under his control, or who shall fail to take action to abate the existence of the violation, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than Five Hundred ($500.00) Dollars or by imprisonment of not more than thirty (30) days, or both such fine and imprisonment. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues (Ord. No. 85-381, adopted 04/18/85).

        Equitable Relief. In the event a violation exists or there is a threat of violation of this ordinance, the Department, or their designees, may take appropriate actions to enforce this ordinance. Such action may include application for injunctive relief, action to compel performance, including revocation of license or other appropriate action in court if necessary to prevent, restrain, correct, or abate such violations or threatened violations. Such remedies are cumulative in nature.

        Civil Action Costs. If a person fails to comply with the provisions of this ordinance, the Parish may recover all costs and a reasonable attorney fee incurred for corrective action in a civil action in a civil or administrative action. Such costs and attorney fee, together with any fine or penalty, shall be filed as a lien or mortgage as per law.

        Citation. The Department, or their designees, may issue citations for violations of this ordinance. The citation shall be issued to the person charged with the violation, or in the case of a corporation, to the supervisor at the site of the violation or any officer or agency expressly implied authorized to accept such issuance.

        Inspection. All property affected by this ordinance shall be subject to inspection by the Department, or their designees, in accordance with this ordinance. No person shall refuse to permit the Department, or their designees, to inspect any premises or interfere with or resist the Department, or their designees, in the discharge of their duty to protect the public health and safety and the protection of the environment.

        Abatement. The St. Tammany Parish Government, upon recommendation of the Department, may declare a violation of this ordinance to be a public nuisance and order abatement to be made initially at parish expense. The Department shall present an itemized statement for corrective action expenses to the owner of the real property where such abatement has been conducted. Such expenses for corrective action may also be recovered in civil or administrative action.
                                
        Administrative Hearing Officer. The Parish Administrative Hearing Officer shall have concurrent jurisdiction over any violation of this ordinance, pursuant to Section 1-012.00, et seq., of the St. Tammany Parish Code of Ordinances.

        A Justice of the Peace shall have concurrent jurisdiction over violation of this ordinance, as per law. In addition, a Constable may issue summons and serve subpoenas anywhere in the Parish all in accordance with Louisiana Revised Statutes (R.S.) R.S. 13:2586 and Ord. 01- 0284, adopted 03/01/2001. Prosecution of Solid Waste violations and compensation in criminal cases of a justice of the peace and constable shall be in accordance with R.S.

13:2587.1 and R.S. 13:2589. (Ord. 01-0284, adopted 03/01/2001). All fines collected by the Justice of the Peace Courts for litter violations pursuant to R.S. 25:1101 et seq. shall be paid to St. Tammany Parish pursuant to R.S. 25:1112. St. Tammany Parish shall reimburse the Justice of the Peace Court which handles the litter violation(s) for the time spent and expenses incurred pursuant to R.S. 13:2589(B). This reimbursement shall consist of FIFTY PERCENT (50%) of the fines collected by St. Tammany Parish from the Justice of the Peace Courts. (Ord. No. 89-1148, adopted 09/21/89; amended by Ord. No. 01-0284, adopted, 03/01/2001).

SEC. 9-065.00 Fees

        Fees, rates, and other charges pursuant to this ordinance and applicable law shall be set from time to time by ordinance of the St. Tammany Parish Government. License holders will be notified in writing of any proposed changes to fees, rates and charges thirty (30) days prior to the public hearing where said changes are to be discussed.

        A Solid Waste License Fee shall be paid with the initial application and annually thereafter by the applicant as a condition for license renewal. Non-payment of the fees shall be grounds for denial of application or renewal. All other fees and charges as set by the St. Tammany Parish Government upon the recommendation of the Department shall be paid in a timely manner as prescribed.

        Fees, rates, and other charges pursuant to this ordinance may be billed in a manner determined by the Department.

        Solid Waste Facilities, transportation vehicles, or Commercial haulers vehicles owned and operated by St. Tammany Parish or its incorporated cities or townships shall fulfill all requirements of this ordinance except they shall not be required to pay license or permit fees authorized by this ordinance.

        The Department is authorized to collect up to (one dollar) $1/ton on every ton tipped at any and all transfer stations, construction and debris facilities and permitted landfills operating within St. Tammany Parish. It is the responsibility of every owner and/or operator of a transfer station to remit payments for this tipping fee along with volumes each and every month. Said tipping fee shall be used to fund the implementation, oversight and enforcement functions associated with this ordinance. The Department reserves the right to establish the initial date from which said tipping fee will begin to be collected, the exact amount to be collected, and the method of collection, all by ordinance. Notwithstanding the foregoing, all Licensees with existing written contracts with an incorporated municipality and/or residential subdivision shall be exempt from said tipping fees until (after) January 1, 2008.

All other fees and charges assessed herein shall be used to fund the implementation, oversight and enforcement functions associated with this ordinance.

License Type                    License Fee                License Period

Solid Waste Hauling            $50.00 plus                1 year
                                $10.00 each additional vehicle

Pick-Up and Transfer Station        $500.00                1 year



Solid Waste Disposal and Diversion    $1,000.00                1 year

(Ord. 07-1492, adopted 01/04/2007)
(Ord. No. 06-1417, adopted 11/02/2006)

ARTICLE IX

WASTE REDUCTION PROGRAM

SEC. 9-0709.00 Waste Tax Credit
                                
        The Parish may establish a waste reduction tax credit program. The Waste Reduction Tax Credit program may allow commercial, retail, and food service establishments to implement a waste reduction plan that effectively reduces the amount of waste and litter either on-site and/or leaving the subject site.

        A participating commercial, retail, or food service establishment shall meet all program standards to be developed by the Parish in order to receive program accreditation. The participant shall be required to continue accreditation in order to receive a tax credit.

        A participant shall retain records of all verifiable expenses associated with program implementation. Verifiable expenses may include, but not be limited to, surveillance equipment; trash receptacles; personnel dedicated to waste reduction/litter abatement; public relations campaign concerning waste/litter reduction efforts by the participating entity.

        The participating entity may submit expense records associated with program implementation and request a credit and/or reduction in Parish ad valorem taxes for the corresponding amount.

ARTICLE X
OTHER TERMS AND CONDITIONS

        Any dispute or litigation involving this ordinance shall be determined through any proceeding filed with the 22nd Judicial District Court for the Parish of St. Tammany; venue and jurisdiction shall be specifically with this district.

        Discrimination. Licensee agrees to comply with the Americans with Disabilities Act of 1990 and any current amendments thereto. All individuals shall have equal access to employment opportunities available to a similarly suited individual. Licensee agrees not to discriminate in its employment practices, and will render services under this contract without regard to race, color, religion, sex, national origin, veteran status, political affiliation, or disabilities. Any act of discrimination committed by Licensee, or failure to comply with these statutory obligations when applicable shall be grounds for termination of this contract. Licensee agrees to abide by the requirements of all local, state, and/or federal law, including but not limited to the following: Title VI and VII of the Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972, Federal Executive Order 11246, the Federal Rehabilitation Act of 1973, as amended, the Vietnam Era Veteran's Readjustment Assistance Act of 1974, Title IX of the Education Amendments of 1972, the Age Act of 1975, and the requirements of the Americans with Disabilities Act of 1990. Licensee warrants and guarantees that it is an Equal Employment Opportunity employer. In all hiring or employment made possible by or resulting from this Contract, there shall not be any discrimination against any person because of race, color, religion, sex, national origin, disability, age or veterans status; and where

applicable, affirmative action will be taken to ensure that Licensee's employees are treated equally during employment without regard to their race, color, religion, sex, national origin, disability, age, political affiliation, disabilities or veteran status. This requirement shall apply to but not be limited to the following: employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. All solicitations or advertisements for employees shall state that all applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, disability, age or veteran status.

        Conflict of Interest. In the event of reasonably known conflicts of interest or potential conflicts of interest between the Parish and other parties who have engaged Licensee, the Licensee agrees to make full disclosure of the same, and that they will take no action on behalf of any other client directly adverse to the Parish, nor will Licensee take any action on behalf of the Parish directly adverse to any other client.

        Independent Licensee. While in the performance of services or carrying out other obligations under this license, the Licensee shall be acting in a capacity of an independent Licensee and not as an employee of the Parish. The Parish shall not be obliged to any person, firm or corporation for any obligations of the Licensee arising from the performance of its services under this license.

ARTICLE XI

TERMINATION, SUSPENSION, REVOCATION OF LICENSE; OPERATING

WITHOUT A LICENSE; AUTHORITY TO CANCEL


        Any licensee who violates any portion of this ordinance may also be referred to Code Enforcement of this Parish, the Administrative Hearing Officer, Constable, Justice of the Peace, or office of the District Attorney.

    A.    For Cause: where and when a licensee fails to perform, is not responsible or responsive to the public needs as determined by the Department, neglects its obligations herein or refuses to cooperate with the Department. The Department shall issue a notice of deficiency; the licensee or operator shall cure such deficiency within thirty (30) days of notice by the Department; failure to cure will result automatic revocation of licensure; the Department has the exclusive discretion to determine whether a deficiency has been cured.

    B.     Bankruptcy: As to the filing of bankruptcy, voluntarily or involuntarily, by Licensee,  Licensee agrees that if any execution or legal process is levied upon its interest in this
        license, or if any liens or privileges are filed against its interest, or if a petition in bankruptcy is filed against it, or if it is adjudicated bankrupt in involuntary proceedings, or if it should breach this license in any material respect, the Parish shall have the right, at its unilateral option, to immediately cancel and terminate this license.

    C.    Licensee/Operator must be qualified at all times to perform the intended purposes of this ordinance; in the event that licensee/operator becomes unfit or unqualified for any reason
        whatsoever, then the Department may take such action against the license as is warranted under the circumstances.


(Ord. No. 06-1417, adopted 11/02/2006 amended and reenacted Chapter 9 in its entirety)





ST. TAMMANY PARISH
CODE OF ORDINANCES