§ 109.1-9-4. CTO and/or Permit Suspension and Revocation.

(a)

Violation of any requirement of this Chapter, the Fairfax County Code, the Fairfax County Zoning Ordinance, or any court orders relating thereto, shall be grounds to deny, suspend, or revoke any solid waste CTO and/or permit.

(b)

Examples of grounds for CTO and/or permit denial, suspension or revocation include, but are not limited to, the following:

(1)

Disposal of unacceptable or hazardous waste.

(2)

Collection services fail to meet any applicable Fairfax County Code requirement.

(3)

Failure to pay solid waste disposal fees.

(4)

Use of a Fairfax County-issued permit for the disposal of waste from outside the County without prior authorization.

(5)

Disposal of county waste at sites other than those designated by the Director.

(6)

Storage or consolidation of waste fails to meet any applicable Fairfax County Code requirement.

(7)

Failure to abide by the rules and regulations of a Fairfax County solid waste management facility.

(8)

Failure to submit an accurate permit application.

(c)

Further, it shall be unlawful, and grounds for CTO and/or permit denial, suspension or revocation, for any person to misuse a collection vehicle, permit, and/or CTO. Misuse includes, but is not limited to, operating while CTO is suspended, any switching of permits between collection vehicles, any use of a permit in an unpermitted collection vehicle or by an unpermitted collector, and/or any use of a discontinued CTO and/or permit.

(d)

It shall be unlawful, and grounds for CTO and/or permit denial, suspension or revocation, for any company which is delinquent in its payment of the disposal bill to Fairfax County to use the collection vehicle and/or permit of another company to gain access to any County solid waste management facility. It shall be unlawful for any company to allow another company to use its collection vehicle and/or permit in the aforementioned manner.

(e)

In the event the Director elects to consider suspending or revoking an issued CTO and/or permit, except in instances involving the nonpayment of fees, charges, fines, or civil penalties, or the disposal of unacceptable or hazardous waste, the permit holder will be notified by certified mail that said CTO and/or permit is under review. The CTO/permit holder will have 48 hours after receipt of the letter of notification to correct any deficiencies and to notify the Director of the corrective action taken. If satisfactory corrective action is not taken within 48 hours, the CTO and/or permit may be suspended or revoked by the Director. This shall not be construed to limit the authority of the Director to immediately suspend without notice any CTO/permit holder for the nonpayment of solid waste disposal fees or the disposal of unacceptable or hazardous waste.

(f)

Any revocation, suspension or denial of a CTO or permit, other than those related to the nonpayment of solid waste disposal fees or the disposal of unacceptable or hazardous waste, shall be in writing and may be appealed to the County Executive or his designee within ten days of the date of revocation, suspension or denial. Any appeal shall be in writing and filed with the County Executive or his designee. Thereafter, the County Executive or his designee shall promptly schedule a hearing at which the applicant and all interested parties, which may include but are not limited to the Director of the Fairfax County Solid Waste Management Program, the Zoning Administrator, the Health Officer, the Police Department, the Department of Code Compliance, the Department of Tax Administration and the Board of Supervisors of Fairfax County, Virginia, may present testimony or evidence. Any interested party or the applicant may be represented by counsel at the hearing. (13-15-109.1.)