§ 36-81. Duties and qualifications of collectors.

(a)

Registration plates. During the annual registration process required pursuant to the provisions of section 36-116, each collector shall obtain from the City registration plates which shall be conspicuously displayed on the left front portion of the body of each vehicle or container to be used by the collector in the collection and transportation of solid waste or in such other location on such vehicle or container as the City shall direct. Each such registration plate shall remain the property of the City of Danbury, even when affixed to a collector's vehicle or container. Each such registration plate shall be returned to the City upon the written request of the manager.

(b)

Affidavit of origin. During the annual registration process required pursuant to the provisions of section 36-116, each collector shall sign an affidavit of origin, under penalty of false statement, stating that all acceptable waste disposed of at the designated transfer station in the name of the City or its residents shall originate from within the corporate limits of the City.

(c)

Notification of sale or transfer of collection route and application of nonregistered collectors. Prior to the sale or transfer of all or part of a collector's solid waste collection route to any collector not registered with or permitted by the City in accordance with the provisions of section 36-116, the collector shall first notify the manager, in writing, of his intent to sell or transfer all or a part of the route. The nonregistered collector shall, at the same time, make application for a permit to operate in the City.

(d)

Report of tonnage collected. Prior to the annual issuance or renewal of its collection permit, each collector shall report to the City the number of tons of acceptable waste collected monthly within Danbury and deposited at the designated transfer station. Such report shall be on a form supplied by the manager.

(e)

Presentation of registration forms to WES and HRRA. Each collector shall present a copy of his City permit and registration forms to WES and HRRA and shall properly display each vehicle or container registration plate prior to delivering acceptable waste to the designated transfer station.

(f)

Insurance. Each collector shall provide insurance covering his operation, which coverage shall name the HRRA, WES and the City of Danbury as additionally insured. Such coverage shall include, but not be limited to, general liability, automotive liability, excess liability, workers' compensation and employer's liability in amounts deemed reasonable and adequate by the City. Each collector shall provide the HRRA, the City and WES with a certificate of insurance identifying the limits of available insurance coverage and indicating that the issuing company shall endeavor to afford the HRRA, the City and WES not less than thirty (30) days' written notice prior to the cancellation of any such policy.

(g)

Insurance of performance. Each collector shall provide to the City of Danbury and to HRRA or WES a suitable performance bond, letter of credit or cash security to ensure the performance of its obligations hereunder.

(h)

Identification of waste. Each collector shall accurately identify for HRRA and WES the tonnage of all acceptable waste collected by such collector within each Municipality and delivered to the designated transfer station.

(i)

Responsibility for removal and disposal of rejected waste. Each collector shall be responsible for the removal and disposal of, or the cost of removal and disposal if performed by other than the collector, of rejected waste including:

(1)

Waste other than acceptable waste.

(2)

Waste delivered at other than established receiving hours.

(3)

Waste delivered in a manner or by means not in conformity with the requirements hereof or of the HRRA/WES Waste Supply and Disposal Agreement.

(4)

Waste which WES is unable to accept as a result of a force majeure event.

(j)

Responsibility for handling, transportation and disposal costs for unacceptable waste. Each collector shall be responsible for paying all reasonable costs incurred in connection with handling, transporting and disposing of any unacceptable waste requiring special handling, delivered to the designated transfer station or facility.

(k)

Responsibility for service fees. Each collector delivering acceptable waste to the designated transfer station shall be responsible for the payment of the service fee charged in connection with such delivery of acceptable waste in accordance with all reasonable rules and regulations administered by WES and approval by HRRA. Each collector shall make payment of all undisputed amounts within thirty (30) days from the date of invoicing by the City or WES. Collectors shall promptly pay disputed amounts upon resolution of the dispute. Collectors shall be obligated to pay interest at the then prevailing prime rate.

(l)

Rejection of deliveries for past-due amounts. WES may reject any deliveries from collectors who have not made payment of amounts due within sixty (60) days from invoicing by the City or WES until such collector pays in full all past due amounts including interest.

(Code 1961, § 16A-94; Ord. No. 471, 5-27-1993)