95-35. Revocation of Permit; Appeals.

  1. Whenever, upon inspection of the facilities, equipment or operating methods of any person collecting, transporting or disposing of solid waste or recyclable materials, the Solid Waste Director finds that conditions or practices exist which are in violation of the provisions of this article, the Solid Waste Director shall give notice in writing to such person that unless such conditions or practices are corrected within 30 days the operating permit of such person shall be revoked. Haulers will be allowed to collect, transport and dispose of solid waste or recyclable materials during this thirty-day period.  Immediately upon the receipt of the notice of the Solid Waste Director as provided above in this section, the permit-holder shall provide to the Solid Waste Director a list of the permit-holder’s customers within Henderson County.  Such list of customers shall not be a public record so long as the permit-holder complies with N.C. Gen. Stat. §132-1.2, and shall be used by the Solid Waste Director only to notify customers of the permit-holder of the revocation of the permit-holder’s permit, and for no other purpose.  In the event a revoked permit is reinstated by either the Solid Waste Director or by the Board of Commissioners pursuant to this section, the list of customers shall be destroyed.
    No such permit shall be reinstated by the Solid Waste Director until he finds, upon reinspection and other proof satisfactory to the Solid Waste Director of operations in compliance with this Chapter, that all provisions of these regulations have been complied with, except that following a hearing as hereinafter provided such permit may be reinstated by order of the Solid Waste Department. The Solid Waste Director shall be the only person authorized to enforce this subsection.
  2. Any revocation of a solid waste hauler's permit may be appealed to the Henderson County Board of Commissioners by the submission of a notice of appeal to the Solid Waste Director within 10 days of the effective date of the revocation. If a notice of appeal is not filed within 10 days, the permit shall be deemed to have been automatically revoked.