<div class="chunk-title">Sec. 44-55. - Franchise required for solid waste collection.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               A franchise from the board shall be required of any person or entity who collects,
               transports, and/or disposes of solid waste for compensation within the county. Operation
               without a franchise is prohibited and violations are subject to the enforcement provisions
               of this chapter. The franchise shall be readily available at the franchisee's place
               of business. Franchises for residential customers should be exclusive as to the geographic
               area included in the franchise, if so designated by the county, and franchises for
               services to commercial customers shall be non-exclusive.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               Residential franchises shall be negotiated by the county, and the franchise may include
               the entire unincorporated county or sections of the county, at the discretion of the
               county. Commercial franchises, although mandatory, shall not be unreasonably withheld
               by the county, and any hauler who meets the requirements set by the county manager
               for a license shall qualify for a franchise. A franchise shall be contingent upon
               the waste collector' remaining licensed, however.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               All applicants for franchises to collect, transport and dispose of solid waste shall
               file written application with the county manager or his designee, and shall furnish
               the following information:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Name and address of applicant and whether a sole proprietorship, corporation, or partnership,
               with disclosure of the ownership interests.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               A list of the equipment possessed, available, or to be obtained within 18 months by
               the applicant.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Number of employees the applicant expects to use in said business.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Experience of the applicant in solid waste collection.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               Balance sheet or equivalent financial statement prepared by a certified public accountant
               or other person satisfactory to the board as of the close of the applicant's last
               business year, showing the net worth of the business. All financial data submitted
               in compliance with the requirements of this paragraph shall be confidential under
               G.S. 132-1.2, and shall not be regarded as public information. In lieu of the financial
               statement, the county will accept a notarized statement from a certified public accountant
               verifying the financial viability of the applicant business.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               Any information the board may hereinafter request.
               </p>
            		
            <p class="b0">
               The county shall process, accept or deny, each application within 60 days of receipt.
               </p>
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               All waste haulers operating in the county as of January 1, 2002, shall be granted
               a franchise.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               Franchises shall be subject to a yearly review with the information designated in
               the above subsection (c) being presented to the county manager, during the last month
               of each year of service, or at such alternative annual date as designated by the manager's
               office.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               The county manager or his designee shall bring applications for franchises and a review
               of existing franchises to the board at such times as he deems appropriate, consistent
               with the period for approval above, and may grant to the applicants adjudged by the
               board to be qualified, a franchise to collect waste in the county. The terms of such
               franchises shall not exceed seven years, and shall be renewable.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               The board reserves the right to revoke any franchise granted, upon satisfactory proof
               of the inability or failure of the franchisee to properly perform the duties covered
               by the permit and contract in a satisfactory manner or for any of the grounds as set
               out in subsection (m) below, after the franchisee has been given an opportunity for
               a hearing upon ten days written notice by mail before the hearing setting forth the
               grounds for revocation.
               </p>
            		
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               The franchisee shall serve every person or business who contracts with him or her
               for solid waste in such a manner that the franchisee does not cause the person to
               be in violation with this chapter. The franchisee shall not discriminate against any
               person for contract purposes in violation of the Civil Rights Act as amended on the
               basis of race, color, creed, religion, national origin, physical impairment or sex.
               </p>
            		
            <p class="incr0">
               (i)
               </p>
            		
            <p class="content1">
               Before the county manager issues a franchise pursuant to this chapter, the county
               manager or his or her duly authorized representative shall determine that all facilities,
               equipment, and proposed operating methods the applicant plans to use in the solid
               waste collection business are in compliance with this chapter and applicable regulations
               of the state commission for health services.
               </p>
            		
            <p class="incr0">
               (j)
               </p>
            		
            <p class="content1">
               The applicant, upon being awarded the right to collect and dispose of solid waste
               by the board as hereinabove provided for, shall secure and present to the county manager
               a good and sufficient surety bond or liability insurance policy covering and insuring
               payment of such damages as may be done by the franchisee to the premises or property
               upon which he or she may enter for the purpose of collecting or disposing of solid
               waste.
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Business automotive liability with minimum limits of $500,000.00 each accident.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Commercial general liability policy with minimum limits of $500,000.00 each occurrence
               for bodily injury and property damage. This policy shall include New Hanover County,
               its officers, official agents and employees as additional insured by Insurance Services
               Office endorsement CG 20 29 (or its equivalent).
               </p>
            		
            <p class="incr0">
               (k)
               </p>
            		
            <p class="content1">
               Should any franchisee, now existing or hereafter granted under the provisions of this
               chapter, be sold, assigned, pledged, or transferred, or if control thereof should
               be changed by stock transfer or otherwise, or any rights thereunder leased or should
               there be any merger or combination affecting the franchise be made through acquisition
               or control by stock purchase or otherwise, then a new application will need to be
               made and written approval which shall be given if justified by the facts then existing.
               If any such transaction takes place prior to approval of the new application, the
               new entity shall operate under a temporary franchise under the terms of the previous
               franchise, subject to approval or termination at the time of the consideration of
               the new application.
               </p>
            		
            <p class="incr0">
               (l)
               </p>
            		
            <p class="content1">
               Any and every franchise now existing or hereafter issued, shall be subject to the
               provisions of this chapter and as it may hereafter be amended from time to time, except
               that any amendment or amendments that may be made from time to time affecting the
               duration of a franchise or franchises existing at the time of the enactment of the
               amendment or amendments. Any franchise transferred or assigned without the express
               written authority of the board of county manager or his designee shall be void and
               of no effect, and any collection thereunder is in violation of this chapter.
               </p>
            		
            <p class="incr0">
               (m)
               </p>
            		
            <p class="content1">
               A franchise granted under this chapter may be revoked after notice and hearing as
               provided in subsection (g) and for noncompliance with the provisions of this chapter.
               </p>
            		
            <p class="incr0">
               (n)
               </p>
            		
            <p class="content1">
               A franchisee must dispose of all municipal waste collected within New Hanover County
               at such facilities designated by the county manager.
               </p>
            		
            <p class="incr0">
               (o)
               </p>
            		
            <p class="content1">
               The franchisee shall be subject to all duties, obligations and conditions in <a href="" data-chunk-id="COOR_CH44SOWA" class="section-link" data-product-id="11337">Chapter 44</a> whether or not set forth in any executed franchise agreement.
               </p>
            		
            <p class="incr0">
               (p)
               </p>
            		
            <p class="content1">
               The franchisee hereby indemnifies and holds harmless New Hanover County from any liability,
               whether arising under law or equity, tort or contract, attributable in whole or part
               to the negligence, omission or intentional act of franchisee, its employees, agent
               or subcontractors.
               </p>
            		
            <p class="historynote0">
               (Ord. of 6-2-2003, Â§ 4; Ord. of 6-4-2012, Â§Â§ 1â€”6; Ord. of 9-12-2012)
               </p></div>