Henderson County, KY Franchises

The County residential franchisee shall have the nonexclusive right to collect, transport and dispose of or arrange for disposal of residential solid waste within the County residential franchise area.

Only franchisees qualified by Henderson County to collect, transport and dispose of residential solid waste within the County residential franchise area that have executed a County residential franchise agreement with Henderson County may solicit residents within the County residential franchise area for solid waste collection, transport and disposal services.

Solicitation of business services.

All contracts pertaining to residential solid waste collection, transport and disposal solicited and/or executed prior to this article that differ in terms from the provisions of this article are modified by this article to the extent of the conflict.

Each County residential franchisee shall not solicit or cause another on its behalf to solicit residents in any manner contrary to the language or intent of this article.

Each County residential franchisee shall not use service contracts that carry a term of more than one year.

County residential franchisees shall not use service contracts that waive or infringe upon a resident's right to a jury trial.

All service contracts shall allow for termination on behalf of the resident upon 30 days' notice without restriction.

No County residential franchisee may solicit a resident after 7:00 p.m. or before 8:00 a.m. Monday through Saturday or at any time during Sunday.

§ 208-24 Operating requirements.

Collection.

The County residential franchisees must offer not less than weekly residential solid waste collection, transport and disposal services to all residents located within the County residential franchise area.

The County residential franchisee shall provide at its expense, at a minimum, to any residential unit requesting services located within the County residential franchise area a solid waste container of a minimum of 30 gallons in capacity, with wheels and latched lid, and weekly curbside pickup up service of all residential solid waste deposited by the resident in the franchisee's container. The container provided shall be for the use of the customer but remain the property of the franchisee. The franchisee may collect residential solid waste between the hours of 6:00 a.m. and 5:00 p.m., taking efforts to minimize the noise and disturbance to residents. The County residential franchisee may collect residential solid waste outside these hours, provided the franchisee takes efforts to minimize the noise and disturbance to residents. The franchisee shall leave the solid waste container and the resident's property in a clean and neat condition.

The County residential franchisee shall collect, at the resident's expense, on an "on-call" basis, at a minimum monthly, from any residential unit desiring services within the County residential franchise area all oversized goods placed at the curb, including but not limited to chairs, sofas, mattresses, bedsprings, and appliances bearing proper certification of prior CFC removal.

The County residential franchisee shall be responsible for determining its collection routes. The franchisee shall communicate to residents their collection dates and any alteration in collection dates.

To the greatest extent possible, the collection of residential solid waste and oversized goods shall occur on the same day.

If the resident places unacceptable solid waste in the resident's container or at the curb for collection, the franchisee shall leave behind all unacceptable waste and a statement explaining why the waste cannot be collected.

(7)

The County residential franchisee shall collect residential solid waste in such a manner that complies with all federal, state and local statutes and regulations pertaining to solid waste collection and all transportation laws.

(8)

The County residential franchisee shall obtain all necessary federal, state and local permits to collect solid waste. The County residential franchisee shall deliver to the County copies of all permits required for the collection of solid waste, including subsequent permit revisions or modifications.

Transport.

The County residential franchisee shall transport all the residential solid waste it collects under this article and its County residential franchise agreement in compliance with all federal, state and local statutes and regulations and in such a manner that prevents the blowing of debris. The County residential franchisee shall not allow debris, liquid or waste to escape from collection vehicles.

The County residential franchisee shall obtain all necessary federal, state, and local permits to transport solid waste. The County residential franchisee shall deliver to the County copies of all permits required for the transport of solid waste, including subsequent permit revisions or modifications.

Should the County residential franchisee elect to operate a transfer facility, the County residential franchisee shall inform the County of the location of the facility and its hours of operation. Should the County residential franchisee elect to accept residential, commercial or industrial solid waste as its transfer facility from third parties, the County residential franchisee shall first inform the County and may charge a reasonable fee, subject to the approval of the County. Franchisee shall further be subject to the requirements of the Henderson County ordinance codified as Part 2, Article IV, Landfill and Transfer Station Licenses, of this chapter.

Disposal. The County residential franchisee shall dispose of or arrange for disposal of all residential solid waste and oversized goods it collects under this article and its County residential franchise agreement in compliance with all federal, state and local statutes and regulations. The County residential franchisee shall notify the County of its chosen method of disposal and provide all appropriate documentation evidencing the disposal site's compliance with all state, federal and local regulations.

Equipment and personnel.

The County residential franchisee shall have sufficient personnel and shall have on hand at all times and in good working order such equipment and vehicles as shall permit the County residential franchisee to adequately and efficiently perform the services encompassed by this article and its County residential franchise agreement. All equipment shall be kept in good repair, appearance and in a sanitary and clean condition at all times. Equipment and vehicles shall be uniformly marked with the name of the County residential franchisee, business telephone number and vehicle number. All vehicles shall be numbered and a record kept of the vehicles to which each number is assigned. All vehicles shall have visible safety markings, including but not limited to highly visible hazard lights.

All containers used by the County residential franchisee shall be uniformly colored and clearly marked with the franchisee's name and telephone number.

The County residential franchisee's supervisory personnel shall be available for consultation with the County and/or customers within a reasonable time after notification of a request for such consultation.

The County residential franchisee's employees shall service the public in a courteous, helpful and impartial manner. Care shall be taken to prevent damage to the resident's property, including but not limited to the customer's buildings, structures, plants, trees, shrubs and landscaping.

The County residential franchisee's employees shall wear clean and presentable clothing.

The County residential franchisee shall comply with state, federal and local laws relating to wages, hours and other applicable laws relating to the employment and protection of employees, now or hereafter in effect.

Public education program.

The County residential franchisee shall execute a customer education program designed to inform all residential units that select its service within the franchise area of the following: collection schedules, set-out procedures for residential solid waste, and oversize waste collection procedures and guidelines, explanatory list of unacceptable items and any other information necessary to inform each residential unit of accepted procedures.

The County residential franchisee shall provide a customer service line that is staffed at least eight hours per day, five days per week, to respond to customer calls and other requests for information.

§ 208-25 Performance standards.

The County residential franchisee shall perform its duties under this article in compliance with all applicable state, federal and local laws and regulations.

The County residential franchisee agrees to provide to the County, immediately upon sending or receipt, copies of all correspondence sent to or received from state or federal regulatory authorities and notice of all communications with said regulatory authorities in connection with or related to services performed by the County residential franchisee under this article.

The County residential franchisee shall maintain its equipment and perform the services encompassed by this article and its County residential franchise agreement in such a way as to avoid debris, liquid, or other material being strewn or deposited along collection routes or facilities operated by the County residential franchisee.

§ 208-26 Fee structure and franchise fees.

Fees.

The County residential franchisee is responsible for billing its services and bears all costs associated with billing, including costs relating to collection of unpaid fees.

The County residential franchisee bears all costs associated with performing the services described in this article that include but are not limited to the collection, transport, and disposal of residential solid waste under this article.

The County residential franchisee may bill for up to 12 months of service in advance.

If, after prepaying for service, a resident exercises his or her option to terminate an existing service contract as allowed under that contract and this article, the County residential franchisee shall rebate to the resident the balance of any prepaid fees for which service was not performed.

Franchise fees.

Each month, beginning July 1, 2004, and continuing each month thereafter, each County residential franchisee shall remit to the County 5% of the gross receipts received by it attributable to its operations in the County residential franchise area.

Each County residential franchisee hereby agrees to bear the cost of an annual audit of its records regarding the remitting of the franchise fee if the County, in its discretion, deems an audit necessary.

Each County residential franchisee shall cooperate with the Henderson County Solid Waste Coordinator in providing collection, transport and disposal services for public events, illegal dump cleanups and litter control program on a pro-rata basis with other solid waste franchises.

§ 208-27 Reporting requirements.

Monthly reports to Henderson County.

The County residential franchisee shall maintain records and report monthly to the County the volume by weight and source of all residential solid waste collected by it under this article and its County residential franchise agreement (including customer name and address, and the gross receipts) during the previous month and the ultimate disposal location of the waste collected.

If the County residential franchisee elects to operate a transfer facility, it shall maintain records and report monthly to the County the volume of residential, commercial or industrial waste accepted from third parties at its facility and the ultimate disposal location of the waste collected.

The County residential franchisee shall maintain a summary of customer service calls and its response.

The County shall have the authority to request the County residential franchisee to report to the Fiscal Court on any aspect of services provided under this article and its County residential franchise agreement.

The County residential franchisee shall retain all annual records required to be maintained under this article for five years.

Right of inspection/audit.

Upon reasonable notice, the County reserves the right to inspect the County residential franchisee's operations at any time in such a way as to not unreasonably interfere with the County residential franchisee's operations. The County residential franchisee hereby grants the County right-of-entry as necessary to exercise this right.

The County reserves the right to require the County residential franchisee's records relating to the County residential franchisee's operations under this article and its County residential franchise agreement to be audited at any time. The County residential franchisee shall bear the cost of any audit required by the County. Should the audit reveal inconsistencies or any other problems, the County residential franchisee shall provide the County with a written explanation, including the County residential franchisee's plans to remedy any problem identified.

§ 208-28 Required insurance.

General liability insurance. The County residential franchisee shall maintain insurance from companies approved by the County, such approval not to be unreasonably withheld. Said insurance coverage shall protect the County and the County residential franchisee and their officers, agents, and employees from and against any and all claims, losses, damages, costs and expenses, including costs of defense and reasonable attorney fees for injury or damage to persons or property, both real and personal, caused by the County residential franchisee's operations under the terms of this article. The County residential franchisee bears all responsibility for all costs associated with this coverage. The County residential franchisee shall maintain the following minimum coverage:

Bodily injury, per person: $1 million.

Bodily injury, per occurrence: $1 million.

Property damage, per occurrence: $1 million.

Property damage, aggregate: $1 million.

Automobile insurance. The County residential franchisee shall maintain sufficient automobile insurance from companies approved by the County, such approval not to be unreasonably withheld, to protect the County and the County residential franchisee and their officers, agents, and employees from and against any and all claims, losses, damages, costs and expenses, including cost of defense and reasonable attorney fees for injury or damage to persons or property, both real and personal, caused by the operation of the County residential franchisee's vehicles. The County residential franchisee bears all responsibility for all costs associated with this coverage. The County residential franchisee shall maintain the following minimum policy limits:

Bodily injury, per person: $1 million.

Bodily injury, per occurrence: $1 million.

Property damage, per occurrence: $1 million.

COMMERCIAL AND INDUSTRIAL FRANCHISEE

Property damage, aggregate: $1 million.

Worker's compensation insurance. The County residential franchisee shall maintain worker's compensation insurance as required by the laws of the Commonwealth of Kentucky. The County residential franchisee bears all responsibility for all costs associated with this coverage.

Builder's risk. If a County residential franchisee intends to construct or substantially repair any facilities associated with performing services under this article and its franchise agreement, then it shall carry builder's risk coverage, or provide the County with equivalent security of performance with the limits of insurance equal to 100% of the completed value of the project. The coverage shall include the transport and installation of all machinery and/or equipment installed in the facility. The County residential franchisee bears all responsibility for all costs associated with this coverage.

County as additional insured/loss payee. All insurance required under the terms of this article shall name the County as additional insured and shall provide a thirty-day notice to the County in the event of a material alteration or cancellation of any coverage forwarded in said policies prior to the effective date of said alteration or cancellation. Copies of all policies required under this article shall be furnished to and filed with the Solid Waste Coordinator and the Henderson Fiscal Court Clerk prior to commencement of operations or the expiration of prior policies.

§ 208-29 Ownership of collected materials.

Title or ownership of all residential solid waste collected by each County residential franchisee under this article passes to the County residential franchisee at the point the item is removed from the container and placed in its vehicle.

§ 208-30 Penalty.

Any person convicted of violating any provisions of this article shall be guilty of a misdemeanor and shall be fined an amount not less than $1,000 nor more than $2,000 for each offense. Each day of the violation shall constitute a separate offense and shall be punishable as such hereunder.

Article VII Commercial and Industrial Collectors

§ 208-31 Franchise required; agreements.

Anyone collecting, transporting and/or disposing of commercial and/or industrial solid waste in Henderson County, Kentucky, shall comply with the terms of this article and enter into a commercial and industrial solid waste collection, transportation, and disposal franchise agreement, based on the terms and conditions herein, with Henderson County, and the same shall be approved by the County Judge/Executive, who is hereby authorized to execute said Henderson County commercial and industrial solid waste collection, transportation, and disposal franchise agreement on behalf of Henderson County with each qualified franchisee.

§ 208-32 Definitions.

As used in this article, the following terms shall have the meanings indicated:

An individual, corporation, partnership or other business association that has been qualified by Henderson County to collect, transport and dispose of industrial and commercial solid waste and has executed a commercial and industrial franchise agreement with Henderson County.

COMMERCIAL AND INDUSTRIAL FRANCHISE AGREEMENT

A franchise agreement entered into between Henderson County and a commercial and industrial franchisee, as the same may from time to time be amended, modified, or supplemented in accordance with the respective terms hereof, including attachments and exhibits.

COMMERCIAL AND INDUSTRIAL FRANCHISE AREA

Henderson County, including all incorporated areas.

COMMERCIAL SOLID WASTE

All types of solid waste generated by stores, offices, restaurants, hotels, motels, warehouses and other service and nonmanufacturing activities that is not considered hazardous waste, excluding household and industrial solid waste.

INDUSTRIAL SOLID WASTE

Solid waste generated by manufacturing or industrial processes that is not a hazardous waste or a special waste as designated by KRS 224.50-760, including, but not limited to, waste resulting from the following manufacturing processes: electric power generation; fertilizer or agricultural chemicals; food and related products or by-products; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing; foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay and concrete products; textile manufacturing; transportation equipment; and water treatment.

SOLID WASTE

Any garbage, refuse, sludge and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining (excluding coal mining wastes, coal mining by-products, refuse, and overburden), agricultural operations and from community activities (including discarded animal parts and animal liquid waste), but does not include those materials including, but not limited to, sand, soil, rock, gravel or bridge debris extracted as part of a public road construction project funded wholly or in part with state funds, recovered material, special wastes as designated by KRS 224.50-760, solid or dissolved material in domestic sewage, manure, crops, crop residue, or a combination thereof which are placed on the soil for return to the soil as fertilizers or soil conditioners, or solid or dissolved material in irrigation return flows or industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended, or source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954.

§ 208-33 Nonexclusive right; solicitation of business.

Nonexclusive right. Only the City of Henderson and companies qualified by Henderson County to collect, transport and dispose of industrial and commercial solid waste and having executed a commercial and industrial franchise agreement with Henderson County may collect, transport and dispose of commercial and industrial solid waste within the commercial and industrial franchise area.

Solicitation of business.

All contracts pertaining to commercial and industrial solid waste collection, transport and disposal solicited and/or executed that differ in terms from the provisions of this article are modified by this article to the extent of the conflict.

Each commercial and industrial franchisee shall not solicit or cause another on its behalf to solicit businesses or industries in any manner contrary to the language or intent of this article.

Commercial and industrial franchisees shall not use service contracts that waive or infringe upon a business' or industry's right to a jury trial.

All service contracts must allow for termination on behalf of the business or industry upon 90 days' notice without restriction. Commercial and industrial franchisees may require as part of any service contract which relates to specialized equipment unique to a particular business or an industry's needs the requirement that upon early termination, the business or industry must compensate the commercial and industrial franchisee for its expense relating to the purchase of equipment which would go unrecouped if the service contract was terminated.

§ 208-34 Operating requirements.

Collection.

Each business, industry or commercial enterprise located in the commercial and industrial franchise area shall contract with a commercial and industrial franchisee for commercial and industrial solid waste services or utilize the solid waste services offered by the City of Henderson.

Each commercial and industrial franchisee may offer solid waste collection, transport and disposal services to businesses and industries located within the commercial and industrial franchise area.

Each commercial and industrial franchisee shall collect commercial and industrial solid waste from any business or industry requesting services and shall perform all services in such a manner that complies with all federal, state and local statutes and regulations pertaining to solid waste collection.

Each commercial and industrial franchisee shall obtain all necessary federal, state and local permits to collect solid waste. Each commercial and industrial franchisee shall deliver to the County copies of all permits required for the collection of solid waste, including subsequent permit revisions or modifications.

Waivers to Subsection A(1) which would allow businesses or commercial or industrial enterprises to transport and dispose of waste generated by that particular business or enterprise in a manner that complies with all federal, state and local statutes and regulations will be considered on a case-by-case basis.

Transport.

Each commercial and industrial franchisee shall transport all the commercial and industrial solid waste it collects under this article and its commercial and industrial franchise agreement in compliance with all federal, state and local statutes and regulations and in such a manner that prevents the blowing of debris, and the commercial and industrial franchisee shall not allow debris, liquid or waste to escape from collection vehicles.

Each commercial and industrial franchisee shall obtain all necessary federal, state, and local permits to transport solid waste. Each commercial and industrial franchisee shall deliver to the County copies of all permits required for the transport of solid waste, including subsequent permit revisions or modifications.

Should a commercial and industrial franchisee elect to operate a transfer facility, the commercial and industrial franchisee shall inform the County of the location of the facility and its hours of operation. Should a commercial and industrial franchisee elect to accept residential, commercial or industrial solid waste at its transfer facility from third parties, the commercial and industrial franchisee shall first inform the County and shall charge a reasonable fee, subject to the approval of the County. Franchisees shall further be subject to the requirements of the Henderson County ordinance codified as Part 2, Article IV, Landfill and Transfer Station Licenses, of this chapter.

Disposal.

Each commercial and industrial franchisee shall dispose of or arrange for disposal of all commercial and industrial solid waste it collects under this article and its commercial and industrial franchise agreement in compliance with all federal, state and local statutes and regulations. Each commercial and industrial franchisee shall notify the County of its chosen method of disposal and provide all appropriate documentation evidencing the disposal site's compliance with all state, federal and local regulations.

Equipment and personnel.

Each commercial and industrial franchisee shall have sufficient personnel and shall have on hand at all times and in good working order such equipment and vehicles as shall permit the commercial and industrial franchisee to adequately and efficiently perform the services encompassed by this article and its commercial and industrial franchise agreement. All equipment shall be kept in good repair, appearance and in a sanitary and clean condition at all times. Equipment and vehicles shall be marked uniformly with the name of the commercial and industrial franchisee, business telephone number and vehicle number. All vehicles shall be numbered and a record kept of the vehicles to which each number is assigned.

All containers used by each commercial and industrial franchisee must be uniformly clearly marked as a "Solid Waste" container.

Each commercial and industrial franchisee's supervisory personnel must be available for consultation with the County and/or customers within a reasonable time after notification of a request for such consultation.

Each commercial and industrial franchisee's employees shall service the public in a courteous, helpful and impartial manner. Care shall be taken to prevent damages to any customer's property, including but not limited to the customer's containers, buildings and structures and landscaping.

Each commercial and industrial franchisee's employees shall wear clean and presentable clothing.

Each commercial and industrial franchisee shall comply with state, federal and local laws relating to wages, hours and other applicable laws relating to the employment and protection of employees, now or hereafter in effect.

§ 208-35 Performance standards.

Each commercial and industrial franchisee must perform its duties under this article in compliance with all applicable state, federal and local laws and regulations.

Each commercial and industrial franchisee agrees to provide to the County, immediately upon sending or receipt, copies of all correspondence sent to or received from state or federal regulatory authorities and notice of all communications with said regulatory authorities in connection with or related to services performed by the franchisee under this agreement.

Each commercial and industrial franchisee must maintain its equipment and perform the services encompassed by this article and its commercial and industrial franchise agreement in such a way as to avoid excessive debris, liquid, or other material being strewn or deposited along collection routes or facilities operated by the commercial and industrial franchisee.

§ 208-36 Fee structure and franchise fees.

Fees.

Each commercial and industrial franchisee is responsible for billing its services and bears all costs associated with billing, including costs relating to collection of unpaid fees.

Each commercial and industrial franchisee bears all costs associated with performing the services described in this article, which include but are not limited to the collection, transport and disposal of commercial and industrial solid waste under this article.

Franchise fees.

Each month, beginning July 1, 2004, and continuing each month thereafter, each franchisee must remit to the County 3% of the gross receipts received by the franchisee attributable to its operations in the commercial and industrial franchise area.

Each commercial and industrial franchisee hereby agrees to bear the cost of an annual audit of its records regarding the remitting of the franchise fee if the County, in its discretion, deems an audit necessary.

§ 208-37 Reporting requirements.

Monthly reports to Henderson County.

Each commercial and industrial franchisee shall maintain records and report monthly to the County the volume and source of all commercial and industrial solid waste collected by it under this article and its commercial and industrial franchise agreement during the previous month and the ultimate disposal location of the waste collected.

If a commercial and industrial franchisee elects to operate a transfer facility, it shall maintain records and report monthly to the County the volume of residential, commercial or industrial waste accepted from third parties at its facility and the ultimate disposal location of the waste collected.

Each commercial and industrial franchisee must maintain a summary of customer service calls and its response.

The County shall have the authority to request each commercial and industrial franchisee to report to the Fiscal Court on any aspect of services provided under this article and its commercial and industrial franchise agreement.

Each commercial and industrial franchisee shall retain all annual records required to be maintained under this article for five years.

Right of inspection/audit.

Upon reasonable notice, the County reserves the right to inspect each commercial and industrial franchisee's operations at any time in such a way as to not unreasonably interfere with the commercial and industrial franchisee's operations. Each commercial and industrial franchisee hereby grants the County right-of-entry as necessary to exercise this right.

The County reserves the right to require each commercial and industrial franchisee's records relating to the commercial and industrial franchisee's operations under this article and its commercial and industrial franchise agreement to be audited at any time. The commercial and industrial franchisee shall bear the cost of any audit required by the County. Should the audit reveal inconsistencies or any other problems, the commercial and industrial franchisee must provide the County with a written explanation, including the commercial and industrial franchisee's plans to remedy any problem identified.

§ 208-38 Required insurance.

General liability insurance. Each commercial and industrial franchisee shall maintain insurance from companies approved by the County, such approval shall not be unreasonably withheld. Said insurance coverage must protect the County and the commercial and industrial franchisee and their officers, agents, and employees from and against any and all claims, losses, damages, costs and expenses, including cost of defense and reasonable attorney fees for injury or damage to persons or property, both real and personal, caused by the commercial and industrial franchisee's operations under the terms of this article. Each commercial and industrial franchisee bears all responsibility for all costs associated with this coverage. Each commercial and industrial franchisee shall maintain the following minimum coverages:

Bodily injury, per person: $1 million.

Bodily injury, per occurrence: $1 million.

Property damage, per occurrence: $1 million.

Property damage, aggregate: $1 million.

Automobile insurance. Each commercial and industrial franchisee shall maintain sufficient automobile insurance from companies approved by the County, such approval not to be unreasonably withheld, to protect the County and the commercial and industrial franchisee and their officers, agents, and employees from and against any and all claims, losses, damages, costs and expenses, including cost of defense and reasonable attorney fees for injury or damage to persons or property, both real and personal, caused by the operation of the commercial and industrial franchisee's vehicles. Each commercial and industrial franchisee bears all responsibility for all costs associated with this coverage. Each commercial and industrial franchisee shall maintain the following minimum policy limits:

Bodily injury, per person: $1 million.

Bodily injury, per occurrence: $1 million.

Property damage, per occurrence: $1 million.