§ 109.1-4-7. Collector Bonding Required; Condition; Term Renewal.

(a)

Any person seeking a CTO to collect MSW as described herein shall furnish a bond or other financial instrument acceptable to the County. The surety shall be payable to the County of Fairfax in an amount deemed adequate by the Director and conditioned to indemnify and save harmless said County, as well as any person, firm, or corporation, from all fees, charges, expenses, or damages that may be incurred by such entity, caused by any failure to comply with the provisions of this Chapter, neglect in the handling of MSW, or nonpayment of fees imposed for the disposal of MSW at any County-designated solid waste management facility. Handling of MSW shall be deemed neglected when the CTO holder fails to meet the frequency and/or quantity of collection required by this Chapter and contracted for by the customer. If the CTO holder fails to correct any such neglect or noncompliance with this Chapter within 48 hours after receipt of written notice from the Director, the bond/surety shall be forfeited and the principal and/or surety on said bond shall be required to reimburse the County of Fairfax or any customer of such CTO holder for any expense or damage incurred as a result of such neglect or failure.

(b)

The said bond shall be deposited with the Director. Any such bond shall be for a term at least equal to the duration of the CTO. Cancellation of the bond, for any reason, prior to the date of expiration of the CTO shall require a written notification to the Director at least 30 days prior to said cancellation. The collector's CTO will be revoked if an alternate bond, meeting the requirements of this section, is not provided.

(c)

The Director may increase the bond amount for any CTO holder, or allow alternate financial assurance mechanisms, if deemed necessary to protect the financial interests of the County or to address chronic failure to comply with Chapter 109.1.

(d)

CTO holders shall provide the Director with a copy of any current and active surety bond applicable to Fairfax County which must include the following details: name, address, e-mail address, and telephone number of the bonding agency, the amount of the bond, the bond duration, and the bond number. (13-15-109.1.)